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HAW 0 ci t C— . z GMV F NO. 152 l/3 0 A ` 100/0 f o a 0 0 ,. IRS? - 35 S(' su,(cs 1�s rr\ p Aa"• 'd --b 1boa;tl i Y C ` C r il- 10 , 9 d } o � a [ l i Y i o ��--. .-.�..n-' -__ •. a, - n.: ,-.,1...... ,.:... r.,.,: -. ., ,-..+.�.rrr=en-�' 1.'•` rrr.�'.np"�l�»�.�, - c.-. ar+.r..�. _ - t R �1�JzeS� ���� F �- � 3��; ��� 3 � a� S �� - . -� � ��� j °� � , i' r ��� � t i , . J" *d -7-7N -alg . 101 -7 SENDIEF�.'COMPLETE,THIS SECTION COMPLETE TH&SECTION ON DELIVERY'� ■ Complete items 1,2,and 3. r4. ignat:ure ■ Print your name and address on the reverse Agent so that we can return the card to you. dress e �Attach this card to the back of the mailpiece, ,rB•�eceived b (P nted Name) e f oeliv ry or on the front if space permits. A7 1. Article Addressed to: D. Is deliveryQddress different from Rem 14 Yell V If YES,-enter delivery address I p No �3eX ins ®C*�D II I IIIIII IIII III I III I III I II I I I II IN IIIIIII III 3. Service Type ❑Priority Mail jp s® ❑Adult Signature ❑Registered MailTM' ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ertified Mail® Delivery 9590 9402 3630 7305 4654 53 ❑ rtified Mail Restricted Delivery ❑Return Receipt for ❑Collect on.Delivery Merchandise ❑Collect on Delivery Restricted Delivery [3 Signature CanfirmatlonT"' �__article_Number. ?f pa fer_from_seryice label) js r�; , :insured Mail IJ Signature Confirmation 7 015 1713.0 '0 0 01 4`9 9 3` 3`5 6 8 i:.oinsured Mail Restricted Delivery 1 Restricted Delivery over$500)' "I-. " PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING# � First-Class Mail I Postage&Fees Paid USPS Permit No.G-10 9590 9402 3630 7305 4654 ,53 I � United States •Sender:Please print your name,address,and ZIP+4®in this box* Postal Service TUWN OF BARNSTABLE BUILDING DIVISION i 200 MAIN ST. rANI�IS,M 601T0'A Q S iili'iriiiiiiiilli'ii:ijiiijiiiA iiiiii iii:i Postal CERTIFIED MAILoRECEIPT `a .. • nly ;u7 m m . . b ., �� Q' Certified N%11 Fee `�2 Extra Services&Fees f (hcbox•add ree espp`p)rate) rq ❑Retum Receipt(hardcop $ /n � Uf O ❑Retum Receipt(electronic) $ lQpostrn k Q r 0 ❑Certified Mail Restricted Delivery $ Z N O r�tf p ❑Adult Signature Required $ z -J []Adult Signature Restricted Delivery mpostage [� $ Total Postage and Fees $ `C� . Oq �u1 Sent To �0®o_ Incs�.� � C G �ks ' Street and TiNo.,or Box No. �� �X- latg-r}-'I��P+4®�------------ Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail ■A unique identifier for your mailpiece. associate for assistance.To receive a duplicate' ■Electronic verification of delivery or attempted return receipt for no additional fee,present this h delivery. USPS®-postmarked Certified Mail receipt to the_ ■A record of delivery Qncluding the recipient's retail associate. (1.1 signature)that is retained by the Postal Service— Restricted delivery service,which provides j-n for a specified period. delivery to the addressee specified by name,or i to the addressee's authorized agent. rn Important Reminders. Adult signature service,which.fiequires the —n ■You may purchase Certified Mail service with signee to be at least 21 years of age(not Rrst-Class Mail®,Rrst-Class Package Service®, available at retail). or Priority Mail®service. Adult signature restricted delivery service,which i ■Certified Mail service is notavallable for requires the signee to be at least 21 years of age International mail. and provides delivery to the addressee specified] ■Insurance coverage is notavallable for purchase by name,or to the addressee's authorized agent T with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the ■To ensure that your Certified Mail receipt is Insurance coverage automatically included with accepted as legal proof of mailing,it should bear a] certain Priority Mail items. USPS postmark.If you would like a postmark on rn ■For an additional fee,and with a proper this Certified Mall receipt,please present your -q endorsement on the mailpiece,you may request Certified Mail Item at a Post Office-for F--1 the following services: postmarking.If you don't need a postmark on this Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion t of delivery pncluding the recipient's signature). of this label,affix it to the mailpiece,apply F-i You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece.d electronic version.For a hardcopy return receipt, complete PS Farm 3811,OomesUc Retum Receipt attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records. PS Forth 3800,April 2015(Reverse)PSN 7530-02-0OP9047 - �¢ COMPLETE •N ;.'COMPLETE,THIS,SECTION ONPELIVERY 114 ■ Complete items 1,2;and$. A Si re ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Rece ed by(tPrinte ame) c. Dat f Def ery or on the front if space permits. n ` ia O 1. Article Addressed to: D. Is deli address different from item ❑ If YES,enter delivery address below: ❑No ? (HOC) �t-6-t t� LLC— i -r-ef �aST►'��d i'l_ 3. Service Type ❑Priority Mail Express® { 4 II�'ll II III III I II(I II I I I I�I'I I II( II I I I I I I I ❑Adult Signature ❑Registered Mall TM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ery 9590 9402 1933 6123 1428 12 ❑CertifiedCrt Certified Restricted Delivery �Retu Receipt for ❑C011ect on Delivery Merchandise 2. Article Number(rransfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM ❑Insured Mail ❑Signature Confirmation -01 Restricted Delivery Restricted Delivery 7015 -1730- 0001 4990 .3530�.-._�-1 PS'Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING# nA " Id EPeN Mail11111 I Fees Paid G-10 9590 9402 1933 6123 1428 12 United States •Sender: Please print your name,address,and ZIP+4®in this box• Postal Service TOWN OFF BARNSTABLE BUILDING DIVISION 200 MAIN ST. HYANNIS, ILIA 02601 i i i 9 � Ai; I I )Joe C-t w � P 5 UD��aI ti Xo Ta Al � l 67h^/ 4 Charles M. Sabatt PC Attorney At Law 540 Main Street — Suite 8 Telephone Hyannis, MA 026ol Facsimile 5o8-775-5050 5o8-778-4600 March 5, 2020 BUILDING DEFT. Mr. Brian Florence, CBO Building Commissioner MAR 0 6 2020 200 Main Street Hyannis, MA 02601 TOWN OF BARNSTABLE RE: 1000 Main LLC, Peter Eastman 1000 Main Street, West Barnstable, MA 02668 Barnstable Assessor Map 179, Parcel 002 Dear Mr. Florence: As you are aware from prior correspondence, I am representing 1000 Main LLC with regard to the above-referenced property. have reviewed the Notice of Zoning Violation ("Notice") that you issued dated June 25, 2018. The Notice, in its section entitled " Summary of Action to Abate" ordered my client to "Return property to the conditions permitted by the Zoning Board of Appeals in Special Permit number 1987-35 or seek board relief for the current expanded use." Special Permit number 1987-35 states that the purpose of the special permit petition was "...to allow the maintenance, repair, and sale of small boats with the retail sale of supplies related thereto." The Decision concludes that "The Board voted unanimously to grant a Special Permit with the restriction that there be no more than one boat on display outside at any one time." Within the body of the Decision, the Board made a finding that "There are several apartments in the main building since the 1930's." (Emphasis Added) The Board placed no restrictions or limitations on the continued use of the "several apartments." Thus, the conditions permitted by the Zoning Board of Appeals in Special Permit number 1987-35 included inter alia the use of the property for the maintenance, repair, and sale of small boats with the retail sale of supplies related thereto and the continued use of several apartments within the main building. My client who in fact is in the boat building and repair business intends to use the barn for the maintenance and repair of wooden boats, many of which he has built.. He has occupied the barn by placing boats therein that he will be maintaining or repairing. There are a number of small boats behind the barn that are also in the que awaiting maintenance or repair. In allowing the maintenance, repair, and sale of boats Special Permit number 1987-35 implicitly allows the keeping of boats on the premises that are Mr. Brian Florence March 5, 2020 Page 2 to be or have been maintained or repaired or are in an inventory for sale. It would be incongruous for the Special Permit to have allowed the maintenance, repair, and sale of boats on the property while at the same time prohibiting the presence of boats. The only limitation is that there"... be no more than one boat on display outside at any one time." Webster's online dictionary defines the phrase "on display" as "put somewhere for people to see; in a display." The limitation as to the display of boats prohibits the excessive display of boats for sale. My client's keeping of boats out of sight behind the barn and obscured by shrink wrap material does not constitute boats that are "on display." My client's continued use of the main building for three apartments is consistent with the Board's 1987 determination that there were "several apartments" in the main building. When my client purchased the property the three apartments were in existence and were in fact occupied. He made no changes to the building nor did he expand the number of apartments. In summary my client has returned the property to the conditions permitted by the zoning Board of appeals in Special Permit number 1987 — 35. He is using the property to maintain and repair boats as permitted by the Special Permit. He is renting the three apartments permitted by the Permit's findings of fact. 1 invite you to make an inspection of the property to confirm that its current uses are in compliance with that special permit. After your inspection, I request that you provide me with a letter confirming that my client has complied with your order of June 25, 2018. Thank you very much for your attention to this matter. Sincerely, Charles M. Sabatt FOUR NORTH WATER STREET•NANTUCKET,MASSACHUSETTS•02554 TELEPHONE:508-228-1118 FACSIMILE:508-228-8004 " ' SARAH F. ALGER, F.C. ATTORNEYS AT LAW ]ENWER E.CAREY FIVE PARKER ROAD•POST OFFICE BOX 449 OSTERVILLE,MASSACHUSETTS+02655 TELEPHONE:508A28-8594 FACSIMILE:508A20-3162 jec@slapc.com 4 -- -- T� a l a�a° � _ I �Jhr� e 1��� c�.��s s�e ___.. 4 . . . ..1-r .'�,7" .. r Town of Barnstable j KKE .�'O``�� Regulatory Services . Richard V.Scali,Director BARM MABIX, � MASS, Licensing Authority p�fOMAIA 200 Main Street Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4674 Fax: 508-778-2412 Licensed Premises Zoning Approval To All Applicants:Zoning approval MUST be obtained BEFORE an application can be accepted by this office. Fully dimensional floor plans,with egresses, fixtures and furniture marked, must be submitted to the Building Commissioner's Office, along with a fully dimensional parking plan, prior to, or along with, this document. Plans must be initialed by the Building Department and submitted along with this form, completed and signed by the Building Commissioner or his representative, with a completed Licensing Application. No applications for a license or hearings on a license application will be accepted or scheduled until the above requirements are met. To Be Filled Out By Applicant: Uses/License Applied For Underground Propane Tank Location 19 Indian Trail Osterville Massachusetts Business Name RPcidpntial rnr harp Business Owner Not Applicable Address 19 Indian Trail Osterville, Massachusetts Telephone: (508)428-8594 Property OwnerStacy Barcroft Lloyd IV as Trustee of the Descendant's Separate Trust for the benefit of Stacy Barcroft Lloyd, Town of Barnstable Map(s)and Parcel(s) No(s) 070009003 IV under Article X of the Stacy Barcroft Lloyd Management rust List All Uses Of: Basement Not Applicable (Area) - First Fir. Automobile storage (Area) 1,964 ft2 Second Lofted seating area (Area) 36— 7 R� Third (Area) Fourth Not applicable (Area) - Roof (Area) Decks, Patios,etc. Not Applicable (Area) - Date 02/10/2020 Signature of Applicant To be completed by Building Commissioner's Office:Zoning District: Is Site Plan Review Necessary?................YES NO Are the above uses permitted? YES NO Legal Nonconforming Use YES NO Variance Granted YES NO Special Permit Granted YES NO Total number of occupants permitted Total number of parking spaces exclusively dedicated to the.proposed business use and available at all times when business is to be operated Signature of Building Official Date Q:\W PFILES\LICENSING\FO RMS\ZONINGAPPRVLFORM.DOC � ^Rn o ASSfS SORS R°EF� A . .., _,,.... ZONE: J ; 0 IaW Easement """ f m z And ,...,..,,, WeY_.__..� r 25 w/de Pea`':r l f r, OOD ZONE: 4oce(i0n Map Righl 01"r ..A�„•..xm:.„ R!n , ..(5ce aoc t >c,. I .. (mil\ .. ... �.... � � _ � •'. ��/ ErrOC:a m ( LOt_24.5 -- --- - r OVERLAY DISTRICT: �f}2.0 I � �=.•,L Peac Mr.ls.�e I . ���.srai, � �*J �• � � \� � �� �SfrB PASSFD \ •�•..mot -.. r r r o '4� 4 TPRIM F �•.;_ - \� I OLV4NMTA _...�W�G Y^. I PLAN VIEW t .. SCALE 1"=20 \\ " I� ���\y,• ., ,'�,�:.�c'x-.c:•;��, t-� �E.s��Anrsex uet7cy •u�,��*� .w Pa , w .—m....ON .0 Ma rs_ :n. — - ••.�•�'- CROSS SECTION OF CHAMBER DEVELOPED PROFILE OF SYSTEM -""'— nrorroscaiF- --- �� rrorroscuE �,,• � -,. ... ��,• CROSS SECTION OF CHAMBER _..._..___...-._____ LEGEND: x�.. __'1 ............. fir. .._ ....__..... _ — ..._ St L V r ° ec Site Plan pR _ bnr (--__.,—_ ecy B. Lloyd I T. I CapeSurv� Descendant's Se orate Trust En neerlo & Proposed Improvements f/blal Stacy B. Lloyd Iv suffil Consulting,Inc At a/d t April 27, 2012 ,�°>w,..�mm.,.:....v�w�., 198lndian Trail c x -- ��= amstable osten,,,e Mass. o ° , b •,p - 'yuu .—.. o,m December 24,2018 As Noted --.f__n.aa•m.,.. ___.._-_....�._.......,':-. ............. ._..�__J FnP:l:Jr00)�..: � P.1 M _-. i ......._. , 3 ............. .............................. ..... . ........... .......................................... ................................................................................. ............................................. .......................... ...... e7 a ■ 1= _=_= ...= 1� . ems:_ •,�-•',r'F J O 71 Q p. J -L�i' _—_ __..___._.._.. .-_....-..___._.^_.—.__.......__........ SCHEMATIC —' -- / MEUMINE LEVEL C4�4[Ctt0 RCOI CTCO RGOf J PLAN ODOR ta[RT� OOOR CdWT� OUF ISAIEO: �. R@VmOPa: 1 ee � 1 � GROUND LFVEL PLANSCAM 114- wnas�rq fRAN■!G N6: A l . l .A e S? 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This primer forms ' a strong bond with the metal and starts building the thickness of coating that is required for under- ground protection.A finish coat of green acrylic Jill' urethane is applied and cured in another gas fired -� oven to form a hard tough outer covering. Excel- lent corrosion protection can be expected as a consequence of this coating formulation, as veri- fied by test results. ' Anode Protection: Each tank comes with the an- ode lead already attached. Simply attach the wire from the anode bag by crimping a copper ferrule between the two wires. s,. REPLACEMENT PARTS FOR UNDERGROUND ASME TANKS Check AWT Trinity Luck Float Float AWT Rise'r AWT UNDERGROUND TANKS Tank Multivalve• Valves Gau a Gauge Dome&Cover Sl:e � ' 'r'• Nymtier/Capaclt$Overall leg Outside Height W Top 24"Riser 28"Riser "RMI.Pad No, L i_ -_.��•J ,Stack. .In W.G.^len Ih S acing Diameter wMeod RMI Part No. AWT120UGLR 6 120 5'9' 451/4' 24' 4'V 257-i 120 V/G 2095A30.0 5136 1281.005 JB340A Please Call AWT250UGLR 5 250 7' 10' 60' 30' 4' 7' 413' 250 WG 2095A30.0 5136 1281-006 JB376A AWT Dome-UG AWT325UGLR 5 325 9' 11' 60' 30' 4' 7' 59) 320 WG 2095A30.0 5136 1281.006 JB376A AWT Dome-UG AWT5000GLR 5 500 9' 11' 60' 37. 5'2' 91a 500 WG 2095A30.0 5136 1281.007 JB404D AWT Dome-UG AWT85OUGLR 5 850 13' 9' 86' 41' 5'6' 1 110 100 VIG 2095A30.0 5136 1281.008 JB424C AWT Dome•UG AWTt000UGLR 5 1000 16' 0' 121' 41' 5'6' 1 1450 WG 2095A30.0 5137 J0400H — AWT Dome-UG AWT 1450UGLR j 4 1450 17' 7' 1391/1' 46 5' 11' TO LAW OFFICES OF PAUL REVERE, III 226 River View Lane Centerville, Massachusetts 02632 (508) 237-1620 revereiii@aol.com January 17, 2020 Brian Florence Barnstable Building Commissioner 200 Main Street Hyannis, Massachusetts 02601 Via Hand Delivery RE: Request for Enforcement Beacon Marine Construction Barge Mr. Florence: This letter is written on behalf of Charlene and Charles Nickson of 695 Old Post Road, Cotuit, and is in regards to the storage of a'commerciallbarge and c'r'ane by Beacon Marine Construction,.LLC("Beacon") off Cordwood Landing on:_a mooring located in a residentially-zoned district.Attached as Exhibit One is a photograph showing the barge and crane. Based upon my review of the Barnstable Zoning Ordinance and maps,fthe waters off bf-Coidwood Landing are located in.the RF Zoning District(copy of portion of zoning map attached as Exhibit Two)and that-district does not allow the storage of commercial vehicles. As such and on behalf of the Nickson's, I hereby request pursuant to G.L. ch. 40A, Sec. 7, that you enforce the Ordinance and prohibit Beacon from storing the barge at this or any other residentially zoned location. Zoning Jurisdiction of Barnstable The zoning ordinance of Barnstable regulates uses within the Town. Zoning regulations of towns extend' to the marine waters,-within.their jurisdiction. G.L.ch. 40A(codification of 1975 Acts Ch. 808);see also 1975-Acts Ch. 808 Sec.2A(zoning extends to`-`uses of bodies of water(copy attached as Exhibit Three)). The Barnstable Zoning Map shows that the RF zoning district extends southerly from the Cotuit shoreline into Cotuit Bay at Cordwood Landing until it reaches the RF-1 District-which covers Great Island/Oyster Harbors.' Thus,-the_barge`and-crane are being stored in the RF zoning district. Allowed Uses in the RF Zoning District and Beacon's Use of the Mooring The-only-pr* ipaI- ermitted'uses in the RE'Districfaaze single family_residences. Barnstable Code Sec. 240-14A. No-provision-allows-for the_full=trine Storage of any commercial vehicle such as a barge and crane in the district as is being done by Beacon off Cordwood Landing.2 Even when a home occupation is allowed in a residential district, the homeowner can only keep one truck and a trailer on the premises. ' The Town of Barnstable also extends the"Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District"into these same waters which demonstrates that the Town Council knows that the waters of Cotuit Bay are regulated under the Town's zoning Ordinance. Z Obviously,temporary storage is allowed at construction sites while construction is ongoing,but,in this case,Beacon is simply storing its barge and crane on a mooring when it is not being used on dock construction projects in Barnstable. 1 i Barnstable Code Sec. 24046(B)(12). Frankly, if commercial uses like Beacon are allowed by lack of enforcement,then an individual could open up a floating restaurant,bed and breakfast,or lumber storage yard in any mooring field.3 In summary, the use of a mooring for the storage of a commercial barge in the RF District as Beacon is doing is a violation of the Barnstable Zoning Ordinance.As such, the Nickson's hereby demand that the Barnstable Building Department inform Beacon that it cannot store its barge in a residential district in the Town of Barnstable. In accordance with G.L. ch. 40A, Sec. 7, please "notify [me], in writing, . . . of any action [which you have taken] or [your] refusal to act, and the reasons therefor, within fourteen days of receipt of this request." If you have any questions, please feel free to contact me. Very truly yours, Paul Revere, III cc: Nickson, Horn 3 The Town might be concerned as to how to distinguish between this enforcement request and various other commercial ventures on the Town waterways which happen regularly such as sportfishing,tour boats,and ferries.The primary difference is that the barge is fixed in a single location for months off Cordwood Landing.In contrast,the other commercial ventures previously set forth are mobile and are navigating the waterway similar to a taxi cab or tour bus on a roadway within the Town.As such,these mobile operations are not the subject of zoning.Furthermore,the storage location where such boats and ferries are kept are limited to areas which are properly zoned such the Hyannis Harbor District,Barnstable Code Sec.240-24.1.7A(1)(f)(allowing"charter fishing,marine sightseeing,and excursion facilities"as principal permitted uses)and the Marine Business Districts,Barnstable Code Sec.240-23 (allowing"commercial fishing"and"whale- watching"). 2 1112 ACTS, 1975. — CHAP. 808. 1 further declare that in my opinion said law is an emergency law and the 'facts constituting the emergency are as follows: In order to immediately begin .the process of preparing local growth policy statements. Sincerely, MICHAEL S. DUKAKIS, Governor of the Commonwealth. OFFICE OF THE SECRETARY, BOSTON, December 22, 1975. 1, Paul Guzzi, Secretary of the Commonwealth, hereby certify. that the accompanying statement was filed in this office by His Excellency the Governor of the Commonwealth * of Massachusetts at two o'clock and twenty minutes, P.M., on the above date, and in accordance with Article Forty-eight of the Amendments to the Constitution said chapter. takes effect forthwith, being chapter eight hundred and seven of the acts of nineteen hundred and seventy-five. PAUL GUZZI, 'Secretary of the Commonwealth. . Chap. 808. AN ACT FURTHER ' REGULATING THE ZONING ENABLING ACT'. Be.it enacted, etc., as follows: SECTION 1. Chapter 40 of the General Laws. is hereby amended by striking out section 32, as most recently amended by chapter 308 of the acts of 1967, and inserting in place thereof the following section:— Section 32. Except to the extent, that a zoning by-law may take effect as provided in section five of chapter forty A, before a by-law takes effect it shall be approved by the attorney general or.ninety days shall have elapsed without action by the attorney general after the clerk of the town in which a by-law has been adopted.has submitted to the attorney general a certified copy of such by-law with a request for its approval, a statement clearly explaining the proposed by-law, including maps and plans if necessary, and -adequate proof that all of the procedural requirements for the adoption of such by-law have been complied with. Such request .and proof shall be submitted by. the. town clerk within fifteen days after final adjournment of the town meeting at which such by-law was adopted. If the attorney general does not, within said ninety days, request of such town clerk in -writing further proof of such compliance stating specifically wherein such proof is inadequate, it shall be presumed that the proof submitted was adequate. If the attorney ACTS, 1975. — CHAP. 808. 1113 general disapproves a by-law he shall give notice to the town clerk of the town in which the by-law was adopted of his disapproval, with his reasons therefor. If a by-law of a town takes effect by reason of the failure of the attorney general to seasonably act upon a request for its approval, the clerk of such town shall enter in his records a statement that the by-law has become effective by reason of such failure of the attorney general to act. Before a by-law or an amendment thereto takes effect it shall also be published in a town bulletin or pamphlet, copies of which shall be posted in at least five public places in the town; and if the town is divided into precincts, copies shall be posted in one or more public places in each precinct of the town; or instead of such publishing in a town bulletin or pamphlet and such posting, copies thereof may be published at least twice at least one week apart in a newspaper of general circulation in the town. The publication of a zoning by-law shall include a statement that claims of invalidity by reason of any defect in the procedure of adoption or amendment may only be made within ninety days of such posting or of the second publication and a statement indicating where copies- of such by-law may be examined and obtained. The requirements of publishing in a town bulletin or pamphlet and posting, or publishing in one or more newpapers, as above, may be dispensed with if notice of the by-laws is given by delivering a copy thereof at every occupied dwelling or apartment in the town, and affidavits of the persons delivering the said copies, filed with the town clerk, shall be conclusive evidence of proper notice hereunder. This section shall not apply to cities. SECTION 2. Said chapter 40, as appearing in the Tercentenary Edition, is hereby amended by striking out section 32A, as appearing in the Tercentenary Edition, and inserting in place thereof the following section:— Section 32A. The provisions in the charter of a.city which accepts this section by vote of its city council, requiring newspaper advertising of certain oidinances and proposed ordinances shall, in case of any ordinance or proposed or- dinance, or codification thereof, exceeding in length eight octavo pages of ordinary book print, be deemed to be complied with if the same is published by the city council in a municipal bulletin or printed pamphlet, but otherwise in conformity with said provisions, except for zoning ordinances or amendments thereto, a summary of which shall be published at least two times in a newspaper of general circulation in the city. The publication of such zoning summaries shall- include a statement indicating where copies of the ordinance may be examined and obtained and a statement that claims of invalidity by reason of any defect in the procedure of adoption may only be made within ninety days after the posting or the second publication. 1114 . ACTS, 1975. — CHAP. 808. SECTION 2A. The purposes of this act are to facilitiate, encourage, and foster the adoption and modernization of zoning ordinances and by-laws by municipal governments in accor- dance with the provisions of Article 89 of the Amendments to the Constitution and to achieve greater implementation of the powers granted to municipalities thereunder. This act is designed to provide standardized procedures for the administration and promulgation of municipal zoning laws. This section is designed to suggest objectives for which zoning might be established which include, but are not limited to, the following: — to lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding. of land, to avoid undue concentration of population; to encourage housing for persons of all income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other-public requirements; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of land throughout the city or town, including consideration of the recommendations of the master plan, if any, adopted by the planning board and the comprehensive plan, if any, of the regional planning agency; and to preserve and increase amenities by the promulgation of regulations to fulfill said objectives. Said regulations may include but are not limited to restricting nro i iting,perms I i; or regulating: 1 uses of land, including wetlands and lands deemed subject to'seasonal or periodic flooding; 2. size, height, bulk,location and use of structures, including buildings and signs except that billboards, signs and other advertising.devices are also subject to the provisions of sections twenty-nine through thirty=three, inclusive, of chapter ninety- three, and to chapter ninety-three D; 3., -uses.of bodies of water; including water courses;' 4. noxious uses; 5. areas and dimensions of land and bodies.of water to be ; occupied or unoccupied by uses and structures, courts, yards and open spaces; 6. density of population and intensity of use; 7. accessory facilities and uses, such as vehicle parking and loading, landscaping and open space; and 8. the development of the natural, scenic and aesthetic qualities of the community. SECTION 3. The General Laws are hereby amended by striking out chapter 40A and inserting in place thereof the following chapter:— ACTS, 1975. — CHAP. 808. 1115 CHAPTER 40A. ZONING. Section 1. This chapter shall be known and may be cited as "The Zoning Act". As used in this chapter the following words shall have the following meanings:— "Permit granting authority", shall mean the board of appeals or zoning administrator. "Special permit granting authority", shall include the board Hof selectmen, city council, board of appeals, planning board, or zoning administrator as designated by zoning ordinance or by- law for the issuance of special permits. ".Zoning", as used in this chapter, shall mean ordinances and -by-laws, adopted by cities and towns to regulate the use of land, K buildings and structures to the full extent of the independent constitutional powers of cities and towns to protect the health, safety and general welfare of their present and future in- habitants. "Zoning administrator", shall mean a person designated by the board of appeals pursuant to section thirteen to assume certain of the duties of said board. Section 2. Special permits authorizing cluster development shall provide that open land for cluster development shall be conveyed to the city or town and accepted by it for park or open space use, or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the land. Section 3. No zoning ordinance or by-law .shall regulate or restrict the use of materials or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, horticulture or floriculture, nor shall they prohibit or unreasonably regulate the expansion or reconstruc- tion of existing structures thereon for the primary purpose of agriculture, horticulture or floriculture, except that all such activities may be limited to parcels of more than five acres in areas not zoned for agriculture, horticulture or floriculture. For such purposes land divided by a public or private way or a waterway shall be construed as one parcel. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant to general law. No zoning ordinance or by-law shall regulate or restrict the interior area of a single family residential building nor shall any such ordinance or by-law prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect I' LAW OFFICES OF PAUL REVERE, III 226 River View Lane Centerville, Massachusetts 02632 (508) 237-1620 revereiii@aol.com January 17, 2020 Brian Florence Barnstable Building Commissioner 200 Main Street Hyannis, Massachusetts 02601 Via Hand Delivery RE: Request for Enforcement Beacon Marine Construction Barge Mr. Florence: This letter is written on behalf of Charlene and Charles Nickson of 695 Old Post Road, Cotuit, and is in regards to the storage of a commercial barge and crane by Beacon Marine Construction,LLC("Beacon") off Cordwood Landing on a mooring located in a residentially zoned district.Attached as Exhibit One is, a photograph showing the barge and crane. Based upon my review of the Barnstable Zoning Ordinance and maps, the waters off of Cordwood Landing are located in the RF Zoning District(copy of portion of zoning map attached as Exhibit Two) and that district does not allow the storage of commercial vehicles. As such and on behalf of the Nickson's, I hereby request pursuant to G.L. ch. 40A, Sec. 7, that you enforce the Ordinance and prohibit Beacon from storing the barge at this or any other residentially zoned location. Zoning Jurisdiction of Barnstable The zoning ordinance of Barnstable regulates uses within the Town. Zoning regulations of towns extend to the marine waters within their jurisdiction. G.L. ch. 40A(codification of.1975 Acts Ch. 808);see also 1975 Acts Ch. 808 Sec. 2A(zoning extends to"uses of bodies of water(copy attached as Exhibit Three)): The Barnstable Zoning Map shows that the RF zoning district extends southerly from the Cotuit shoreline into Cotuit Bay at Cordwood Landing until it reaches the RF-1 District which covers Great Island/Oyster Harbors.' Thus,the barge and crane are being stored in the RF zoning district. Allowed Uses in the RF Zoning District and Beacon's Use of the Mooring The only principal permitted uses in the RF District are single family residences. Barnstable Code Sec. 240-14A. No provision allows for the full-time storage of any commercial vehicle such as a barge and crane in the district as is being done by Beacon off Cordwood Landing. Even when a home occupation is allowed in a residential district,the homeowner can only keep one truck and a trailer on the premises. 'The Town of Barnstable also extends the"Recreational Shellfish Area and Shellfish Relay Area Dock and Pier Overlay District"into these same waters which demonstrates that the Town Council knows that the waters of Cotuit Bay are regulated under the Town's zoning Ordinance. z Obviously,temporary storage is allowed at construction sites while construction is ongoing,but,in this case,Beacon is simply storing its barge and crane on a mooring when it is not being used on dock construction projects in Barnstable. 1 Barnstable Code Sec. 240-46(B)(12). Frankly, if commercial uses like Beacon are allowed by lack of I enforcement,then an individual could open up a floating restaurant,bed and breakfast,or lumber storage yard in any mooring field.3 In summary, the use of a mooring for the storage of a commercial barge in the RF District as Beacon is doing is a violation of the Barnstable Zoning Ordinance.As such, the Nickson's hereby demand that the Barnstable Building Department inform Beacon that it cannot store its barge in a residential district in the Town of Barnstable. In accordance with G.L. ch. 40A, Sec. 7, please "notify [me], in writing, . . . of any action [which you have taken] or [your] refusal to act, and the reasons therefor, within fourteen days of receipt of this request." If you have any questions, please feel free to contact me. Very truly yours, Paul Revere, III cc: Nickson, Horn s The Town might be concerned as to how to distinguish between this enforcement request and various other commercial ventures on the Town waterways which happen regularly such as sportfishing,tour boats,and ferries.The primary difference is that the barge is fixed in a single location for months off Cordwood Landing. In contrast,the other commercial ventures previously set forth are mobile and are navigating the waterway similar to a taxi cab or tour bus on a roadway within the Town.As such,these mobile operations are not the subject of zoning.Furthermore,the storage location where such boats and ferries are kept are limited to areas which are properly zoned such the Hyannis Harbor District,Barnstable Code Sec.240-24.1.7A(1)(f)(allowing"charter fishing,marine sightseeing,and excursion facilities"as principal permitted uses)and the Marine Business Districts,Barnstable Code Sec.240-23 (allowing"commercial fishing"and"whale- watching"). 2 EXHIBIT ONE I !+ �� L %,V N .%�.'S ����� ����� -�, Ar��s .���:. se/a� n.,� �!/:� .$��I,' A' w ..i.. .���, V i -' I �a.a - � � ... �. .' �-- .. I ,+ . _ ,` � a .. , �D�I� ("1 ���i �I j �rV/� �t7�, �, ,l`I' ►�� ��� AJ`�� i �`�. ����� .� � � � tom' � �' - �. �►, t . - ;� _ � „� � _ �j �� �+ '� �s - - _,:. -� I I Yam` I yyi A, y 1+ - t f �t 3 r � sx EXHIBIT TWO �� c yv eve nq v- � 0'a q,"• o^ r O`•► �I ..N .�suJ.eU+- pD•�O,Ad�O O�1 S�-��� ♦ -�.i5,`%�� � �����,�\��.}'� cOCw.rRr v.♦ k�od�r>>��j��"�i� A'c �_,'•'_�� 0od �•Jr�c��SI��,���1r ��,� a hO.o r+s '� ��' � `�a �,��aloiea�0�0�.,v�✓ ��'�a°.a off• _ �rs,6 eJ p� A/Q 2 w�. ♦C��rYnv�ii•ram•� �' � FAN �<'. �.�� � w6`♦ ��cO�q,�QJ GC r e e,�N NV �� m'V' r i. CtpP� 76P��v az .°y�nh�r{a p CL7 . i��P Q' pa t� 0 An 1 •�7 `S' 'V 9 - �,�oo��,n r� � p+�.a a o•doc,,•��a��♦� oA.+ -�G INNER,,�r►,�� Q��"�Pa� �.,p�oA�� o,�ooss, �� ov����„u d� ►0G a `�`" �.9•� '�av°�'��oo o .�� o a o Oafab'�wv�9�o���� ��Q� ��r.1 Jy`e•a`�o �0004 two oe� � ���. ov•����� ;.,_�"��, � .'��� ��� -c+i�O9c.•�9O�C•> ��c'°`o�a O f+y'a 4���n \`• �� ��Q ���� ��♦� p v r ♦ ra�oO4 / .Op,v Vp �1 o`� Leo���� °"�„� ♦ �s���:. ���Q�ti��'',,,.,�►t,�\ t, g NO OF W no t `ue� �.���in . ��.f•,:.;::•:::.,c:.vt.,<;.,.•.�� tom+ .1� 'r�i%��a��C?; c' , OA i S..C.,Sus:s?`•>•`.>z' »# �z>`«'�'��''�:. ` •�._. . �` �.� "-9 J < 6��6SOY�39��11I�r�y�,pl��u�..vr„��",t':::.:.::•::�:::�:: y, �� �r�l ( ��C. 1�:k>�:)•:f:o-:c;::;>:�ii'•'•:iia � c�aL �u�E�-n oe���w�pCcD oO;C�<:: �i �ik�:}'•:'t"' � `�t� , au��� S7 -, i i o-Q`��I�ii<nvapgrrngraa�L ��1O(�4�Q0��p�� �C�n V {;\ p$Z, \ iiiih •r' ��Y �� QA ¢e!f oGQ�2.�:�im t�..•>.,, ;.>ik;.: ,��'���' ,E A ..Aped. A�w:.'t6oc�o �!L,�%� •c,,;:;,i? �' - Mar Map Legend Shdfth ,' MOH.�.� �A w��►�-�-i�cice9 crk!Gr,_ •,2.;:.>;•::::.;::.;.:;.;::>:;:>::;.y:;y;:<;:;;>: �'�'\��� U 'p ♦ !'•: :cam C 'C Z /n ap � � � .�."'mom;..;::::.:•>::•>\�::�.;... ,:�... ;.;s ,�— � •avgn° .r �� .. y► s - EXHIBITTHREE L 1112 ACTS, 1975. — CHAP. 808. I further declare that in my opinion said law is an emergency law and the 'facts constituting the emergency are as follows: In order to immediately begin .the process of preparing local growth policy statements. Sincerely, MICHAEL S. DUKAKIS, Governor of the Commonwealth. OFFICE OF THE SECRETARY, BOSTON, December 22, 1975. I, Paul Guzzi, Secretary of the Commonwealth, hereby certify. that the accompanying statement was filed in this office by His Excellency the Governor of the Commonwealth ' of Massachusetts at two o'clock and twenty minutes, P.M., on the above date, and in accordance with Article Forty-eight of the Amendments to the Constitution said chapter. takes effect forthwith,being chapter eight hundred and seven of the acts of nineteen hundred and seventy-five. PAUL GUZZI, 'Secretary of the Commonwealth. . Chap. SOS. AN ACT FURTHER REGULATING THE ZONING ENABLING ACT'. Be. it enacted, etc., as follows: SECTION 1. Chapter 40 of the General Laws- is hereby amended by striking out section 32, as most recently amended by chapter 308 of the acts of 1967, and inserting in place thereof the following section:— Section 32. Except to the extent that a zoning by-law may take effect as provided in section five of chapter forty A, before a by-law takes effect it shall be approved by the attorney general or.ninety days shall have elapsed without action by the attorney general after the clerk of the town in which a by-law has been adopted.has submitted to the attorney general a certified copy of such by-law with a request for its approval, a statement clearly explaining the proposed by-law, including maps and plans if necessary, and -adequate proof that all of the procedural requirements for the adoption of such by-law have been complied with. Such request .and proof shall be submitted by the town clerk within fifteen days after final adjournment of the town meeting at which such by-law was adopted. If the attorney general does not, within said ninety days, request of such town clerk in -writing further proof of such compliance stating specifically wherein such proof is inadequate, it shall be presumed that the proof submitted was adequate. If the attorney 1 ACTS, 1975. - CHAP. 808. 1113 general disapproves a by-law he shall give notice to the town clerk of the town in which the by-law was adopted of his disapproval, with his reasons therefor. If a by-law of a town takes effect by reason of the failure of the attorney general to seasonably act upon a request for its approval, the clerk of such town shall enter in his records a statement that the by-law has become effective by reason of such failure of the attorney general to act. Before a by-law or an amendment thereto takes effect it shall also be published in a town bulletin or pamphlet, copies of which shall be posted in at least five public places in the town; and if the town is divided into precincts, copies shall be posted in one or more public places in each precinct of the town; or instead of such publishing in a town bulletin or pamphlet and such posting, copies thereof may be published at least twice at least one week apart in a newspaper of general circulation in the.town. The publication of a zoning by-law shall include a statement that claims of invalidity by reason of any defect in the procedure of adoption or amendment may only be made within ninety days of such posting or of the second publication and a statement indicating where copies- of such by-law may be examined and obtained. The requirements of publishing in a town bulletin or pamphlet and posting, or publishing in one or more newpapers, as above, may be dispensed with if notice of the by-laws is given by delivering a copy thereof at every occupied dwelling or apartment in the town, and affidavits of the persons delivering the said copies, filed with the town clerk, shall be conclusive evidence of proper notice hereunder. This section shall not apply to cities. SECTION 2. Said chapter 40, as appearing in the Tercentenary Edition, is hereby amended by striking out section 32A, as appearing in the Tercentenary Edition, and inserting in place thereof the following section:— Section 32A. The provisions in the charter of a.city which accepts this section by - vote of its city council, requiring newspaper advertising of certain 'ordinances and proposed ordinances shall, in case of any ordinance or proposed or- dinance, or codification thereof, exceeding in length eight octavo pages of ordinary book print, be deemed to be complied with if the same is published by the city council in a municipal bulletin or printed pamphlet, but otherwise in conformity with said provisions, except for zoning ordinances or amendments thereto, a summary of which shall be published at least two times in a newspaper of general circulation in the city. The publication of such zoning summaries shall include a statement indicating where copies of the ordinance may be examined and obtained and a statement that claims of invalidity by reason of any defect in the procedure of adoption may only be made within ninety days after the posting or the second publication. 1114 . ACTS, 1975. — CHAP. 808. SECTION 2A. The purposes of this act are to facilitiate, encourage, and foster the adoption and modernization-of zoning ordinances and by-laws by municipal governments in accor- dance with the provisions of Article 89 of the Amendments to the Constitution and to achieve greater implementation of the powers granted to municipalities thereunder. This act is designed to provide standardized procedures for the administration and promulgation of municipal zoning laws. This section is designed to suggest objectives for which zoning might be established which include, but are not limited to, the following: -- to lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding. of land, to avoid undue concentration of population; to encourage housing for persons of all income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other-public requirements; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of land throughout the city or town, including consideration of the recommendations of the master plan, if any, adopted by the planning board and the comprehensive plan, if any, of the regional planning agency; and to preserve and increase amenities by the promulgation of regulations to fulfill said objectives. Said regulations may include but are not limited to restricting Dro ibiting, perml Ins or regulating: 1 uses of land, including wetlands and lands deemed subject to'seasonal or periodic flooding; ' 2. size, height, bulk,location and use of structures, including buildings and signs except that billboards, signs and other advertising.devices are also subject to the provisions of sections twenty-nine through thirty-three, inclusive, of chapter ninety- three, and to chapter ninety-three D; 3. uses of bodies of water, including water courses; 4. noxious uses; 5. areas and dimensions of land and bodies.of water to be occupied or unoccupied by uses and structures, courts, yards and open spaces; 6. density of population and intensity of use; 7. accessory facilities and uses, such as vehicle parking and loading, landscaping and open space; and 8. the development of the natural, scenic and aesthetic qualities of the community. SECTION 3. The General Laws are hereby amended by striking out chapter 40A and inserting in place thereof the following chapter:— ACTS, 1975. — CHAP. 808. 1115 CHAPTER 40A. ZONING. Section 1. This chapter shall be known and may be cited as "The Zoning Act". As used in this chapter the following words shall have the following meanings:— "Permit granting authority", shall mean the board of appeals or zoning administrator. "Special permit granting authority", shall include the board of selectmen, city council, board of appeals, planning board, or zoning administrator as designated by zoning ordinance or by- law for the issuance of special permits. "Zoning", as used in this chapter, shall mean ordinances and by-laws, adopted by cities and towns to regulate the use of land, buildings and structures to the full extent of the independent constitutional powers of cities and towns to protect the health, safety and general welfare of their present and future in- habitants. "Zoning administrator", shall mean a person designated by the board of appeals pursuant to section thirteen to assume certain of the duties of said board. Section 2. Special permits authorizing cluster development shall provide that open land for cluster development shall be conveyed to the city or town and accepted by it for park or open space use, or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the land. Section 3. No zoning ordinance or by-law .shall regulate or restrict the use of materials or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, horticulture or floriculture, nor shall they prohibit or unreasonably regulate the expansion or reconstruc- tion of existing structures thereon for the primary purpose of agriculture, horticulture or floriculture, except that all such activities may be limited to parcels of more than five acres in areas not zoned for agriculture, horticulture or floriculture. For such purposes land divided by a public or private way or a waterway shall be construed as one parcel. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant to general law. No zoning ordinance or by-law shall regulate or restrict the interior area of a single family residential building nor shall any such ordinance or by-law prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth-or any of its agencies, subdivisions or bodies politic or by a religious sect LAW OFFICES OF PAUL REVERE, III 226 River View Lane Centerville, Massachusetts 02632 (508) 237-1620 revereiii@aol.com January 17, 2020 Certified Mail Daniel J. Horn James Mahala Director/Harbormaster Section Chief Department of Marine and Environmental Affairs Wetlands and Waterways Program Town of Barnstable DEP/SERO 1189 Phinney's Lane 20 Riverside Drive Centerville, Massachusetts 02632 Lakeville, Massachusetts 02347 RE: Mooring of Beacon Marine Construction at Cordwood Landing, Cotuit, Massachusetts Mr. Horn and Mr. Mahala: This letter is written on behalf of Charlene and Charles Nickson of 695 Old Post Road, Cotuit,and is in regards to a mooring in which Beacon Marine Construction, LLC ("Beacon") stores a barge and crane off Cordwood Landing. Based upon my review of applicable law, the transfer of the permit for this mooring from Gillmore Marine Construction,Inc. ("Gillmore"),to Beacon violates not only the Town of Barnstable Mooring regulations, but also regulations of the Department of Environmental Protection promulgated under G.L. ch. 91.As such and on behalf of the Nickson's, I hereby demand that you enforce said regulations and not renew(and, if already issued for 2020, revoke) the mooring permit for Beacon at this location. More specifically, Gillmore used a mooring off Cordwood Landing to moor a barge prior to 2015. In 2015, Gillmore sold its assets to Beacon including the barge. Since that date, the Town of Barnstable has allowed Beacon to renew the mooring permit for the barge even though Beacon is not the prior mooring holder nor does it even share a continuity of ownership with Gillmore. Regulations addressing local mooring requirements and promulgated under G.L. ch. 91 provide: No permit for a mooring,float or raft shall be transferrable to another person,except to a person within the immediate family of the permittee upon approval of the harbormaster.Nothing in 310 CMR 9.07 shall be construed to prevent moorings for which permits are issued to a recreational boating facility from being assigned to individual patrons or members of such facility. 310 C.M.R. 9.07(2)(d). Here, Gillmore transferred the permit issued to Beacon from one "person" to another unrelated 1 "person"which is a violation of 310 C.M.R. 9.07(2)(d).l Further, the Ch. 91 regulations provide that moorings may only be assigned by the harbormaster following a "written procedure" which allocates such moorings on a "fair and equitable" basis using a"waiting list."310 C.M.R. 9.07(2)(a). Barnstable has developed such regulations and they incorporate the same prohibition on permit transfers limiting such transfers solely to family members. See Barnstable Code Sec. 406-1 et seq. and Secs. 406-4(A)(8) (limiting transfers to family members) and 406-12(B) (prohibition on mooring transfers). Barnstable's regulations also specifically provide that: A change of ownership of a vessel moored within the Town of Barnstable must be reported to the Harbormaster's Office. The new owner must obtain an individual mooring permit from the Harbormaster's Office and, as such the mooring will be considered a new mooring and all rules and regulations pertaining to new mooring shall be applicable. Sec. 406-9. Further, Barnstable has developed a comprehensive waiting list procedure which ensures that the "person at the top of the waiting list shall have priority." Sec. 406-16. Notwithstanding that the Cordwood Landing mooring area has had a waiting list of 40 boats for years, the Town of Barnstable Department of Marine and Environmental Affairs allowed Gillmore to transfer its mooring permit to Beacon and allowed Beacon to maintain that permit for at least four years. Based upon the foregoing, the transfer and reissuance of a mooring permit to Beacon that was previously owned by Gillmore is a violation of Barnstable regulations which were adopted to implement Ch. 91 in Barnstable waters. On behalf of the Nickson's, I hereby demand that the Town of Barnstable Harbormaster's Office enforce its regulations and not renew (and, if already issued for 2020, revoke) the permit for the barge issued to Beacon at the Cordwood Landing mooring field and that the Department of Environmental Protection review the issuance of all permits of Beacon for the barge pursuant to 310 C.M.R. 9.07(5)and, in that review demand permit revocation and that the Town of Barnstable cease and desist from violating the provisions of G.L. ch. 91 and its regulations in implementing its mooring permit program. If you have any questions, please feel free to contact me. Very truly yours, XRevere, a III Cc:Nickson, Florence Under the G.L.ch.91 regulations,"person"is defined as"any individual,partnership,trust,firm,corporation, association,commission,district,department,board,municipality,public or quasi-public agency or authority."310 C.M.R. 9.02.As such,both Beacon and Gillmore are"persons." 2 Town of Barnstable oFt Building Department Brian Florence, CBO Building Commissioner BARNSTABLE 0.•.n:SA91E-CvR.0-COTlli•Y-15 v� a 9 ,�� 200 Main Street Hyannis MA 02601 =-°5°W•°�UV..•°-s° KA° f f 1639-2014 AtFO MAC A www.town.barnstable.ma.us �g Office: 508-862-4038 Fax: 508-790-6230 ovember 25, 2019 Denise, iinikainen 178 Cammett Way Marstons Mills,MA 02648 Dear Denise Wiinikainen, As you know we are in receipt of several requests for enforcement from you, and your neighbors with you as their representative regarding the property located at: 179 Old Falmouth Road in Marstons Mills. This response will be separated into specific categories for brevity and convenience. The issues you identified are subject to three(3) separate regulations: 1. The Town of Barnstable Zoning Ordinance 2. The Massachusetts State Building Code(Reference M.G.L. 143 & 780 CMR) 3. The Sanitary Code We will address each of your concerns by quoting your question in alpha numeric italics followed by our answer in paragraph format. 1. Fence installation V(,V,—LC*-( a. What type offence is permitted? There are no restrictions on what type or style of fence can be installed. In other words a slat fence, as in this case is acceptable in accordance with the ordinance as well as the building code. b. What are its regulations regarding height and set back from our property line? Zoning does not regulate the height or setback limits of a fence. The building code does regulate permitting requirements based upon height. I have determined that the fence sections being installed that are 7' and shorter can be installed as of right without permitting, all sections that are greater than 7' will need to be properly permitted through the Building Division(*780 CMR Sec. R105.2(2)). 2. Road Work a. A road is being created This response is multifaceted in that it addresses several of your more serious concerns. The road, the turn-around and the driveway all relate to an original approved subdivision plan created in 1/13/06 and a subsequent Planning Board decision which allowed the original subdivision to be modified in. rl Specifically, when the subdivision was created it was created with a certain number of residential parcels and a road (Cammett Way)that went from Cammett Road through to Old Falmouth Road, both located in Marstons Mills. When the subdivision plan was modified in it was modified so that the remaining undeveloped parcels could be eliminated and replaced with an agricultural use(an equine farm)which created a dead end road at the juncture of 178 and 189 Cammett Way and beginning with the farm parcel b. They are planning to put a paper turn around tee at the end of Cammett Way which is a private road. c. What is a paper-turn-around tee planned by the company at the dead end of Cammett Way, what is its intended purpose, and how can it be created on our private road without notification,feedback, and consent of the property owners of the road? [see also the answer to d. below] During the subdivision modification approval process the Planning Board properly determined that because Cammett Way would now come to a dead end, a turn-around would need to be installed (typical) in order to accommodate emergency response vehicles. Cul-de-sac's are the more common form of turn-arounds, however,tee shaped turn-arounds are sometimes permitted by Planning Boards. That is what was not only approved,but required by the Board at that time. Again,the purpose of prohibiting dead end roads is emergency response. In order to allow emergency response(and plows)access to all parcels on a street(ingress)as well as to provide a way out(egress)a turnaround of some sort is required. d. In past years regarding the property in question, the abutters and surrounding neighbors have been notified buy USPS During the Planning Board's original subdivision hearing and the subsequent Subdivision Plan Modification hearings,the abutters were notified by the Planning Board and were given an opportunity to make public comment. Therefore, notification &feedback were properly given/allowed at a public hearing and the consent of the property owner was given when they applied for and received approvals by the Board. It is important to note that notice to abutters is only given in advance of a public hearing such as the Planning Board. Notice is not required or given for permits that do not need a public hearing. Since the approvals/requirements for the road work were already heard and approved they carry through to today and because there is no requirement for additional public hearings there is no requirement for notification to the abutters. 3. Agricultural use a. Is the business zoned as a commercial or residential property b. What is the Cape Cod Oyster Company operating as? c. A commercial business. d. An agricultural/aquacultural growing and/or processing plant? e. We understand that the oyster company may be exempt from the residential zoning laws. f. What is permitted in the property regarding its zoning: heavy equipment, commercial trucks etc. and are there any restrictions regarding its zoning? g. What are the operating hours? i All of the above questions speak to what is regarded as an agricultural use under M.G.L. c. 40A §3 -Subjects which zoning may not regulate; exemptions and the Town of Barnstable Zoning Ordinance §240-8 A (3)Exempt Uses. For purposes of this discussion it is important to understand two concepts: 1. (question a)That Districts not individual parcels are zoned. For example the corridor of Route 28 in Centerville from Old Stage to Phinney's Lane is in an HB (commercial) Zoning District whereas all of Cammett Road, Cammett Way and Old Falmouth Road are in the RF Zoning District. That means that your property and the property where Cape Cod Oyster is located is in the RF(Residential F)Zoning District. 2. (question c& d)That there is a distinction to be made between"commercial"and "aquaculture" uses. While aquaculture has a commercial component to it, it is not a viable exempt use without growing and processing of the product for sale. A strictly commercial use does not require growing or processing at all therefore a commercial use by itself does not enjoy zoning exemptions. (question b)Cape Cod Oyster Company operates as an aquaculture use and they are involved in the growing and processing of shellfish. (See Exhibit 1) (question e) Cape Cod Oyster Company is allowed by the Commonwealth and the Town of Barnstable to operate as an aquaculture use within a residential district because in essence the Commonwealth prohibits the Town from regulating them; so they are exempt from all zoning(not just residential zoning). While zoning does not apply to the aquaculture use the Commonwealth allows the Town to impose reasonable dimensional(bulk)regulations such as: height and setbacks. Reasonable regulations were imposed during the building permit process. (question j) There are no restrictions on the type of equipment except that it must reasonably be used in the aquaculture use. For example: a crane is not typical for a shellfish growing or processing operation, so a crane being stored on site and not being used for aquaculture purposes would be prohibited. However, if the operators needed to install a large tank or piece of equipment and needed a crane for a period of time,that would be typical and allowed. The only"heavy equipment"that our inspectors found on site during our inspections was a forklift. A forklift is typical and customarily incidental to a shellfish type of operation (question g) There were no operating hours imposed upon the facility during the Planning Board hearings and I doubt that they could be considered reasonable"bulk" regulations. The hours of operation do not have anything to do with height or setbacks and most farming type businesses work early morning and late evening work schedules. 4. Encroachment a. You mentioned that you observed"the clearing of some of my bushes" in your correspondence. I have determined that this is a private property dispute and a civil matter. The Town has no authority to enforce encroachment between private parties. Based upon our most recent conversations I assume this resolved,but if it hasn't you may want to contact an attorney to assist you. If you do not know of one you may contact the Barnstable County Bar Assn. Referral service at: (508) 362-2121. 5. Use of the property a. You asked a question regarding operations and the possible expansion. I have determined that the company is operated under Cape Cod Oyster Co. Inc. and was established in 1983 and has private aquaculture permit with the Commonwealth of Massachusetts Division of Marine Fisheries. The permit specifically allows for culling, oyster seed sales and overwintering. I have determined that there has been no expansion of the use and that the building and use have been properly permitted through the Commonwealth of Massachusetts and Town of Barnstable permitting processes. 6. Seashells a. .Recently shells have been spread south away from the oyster company in the direction of the dead end and our neighborhood. i. We have concerns about increased odor ii. rodents and other wildlife iii. Do the oyster shells located on the property pose a threat to our water quality? boo 4102a*L/ I met with Health division staff to discuss your concerns related to the sea shells. As you probably know shells are commonly used on Cape Cod in place of aggregate to create a hard packed surface for driveways. These shells are typically a by-product of the restaurant industry and their suitability for use in restaurants are monitored through the shellfish industry. It is unlikely that there is any reason to be concerned for groundwater due to shell decay because bacteria in the soil would consume any organic material going onto the soil before it can get beyond the very top layer of soil. Shells being used for a driveway are typically stored at aggregate facilities and so they are exposed to rain and sunlight which diminishes odors prior to placement. Considering that Cape Cod Oyster Company produces their own shells it can be expected that there will be odors from time to time after placement. However, odors from shells generally do not last more than a week or so as rain and sunlight"bleaches"the shells. There were no odors emanating from the shell driveway during our inspection. Odor from shells do not violate health regulations. 7. You asked if there are any permits regarding the use of 277 Cammett Way on file and if not would you be notified. I have determined that the address of 277 Cammett Way is an obsolete address and the correct address for the property is 179A&B Old Falmouth Rd. It is also determined that all structures on the property have been properly permitted through Building Divisions' permit process and the only future notification to abutters would be if there was a requirement for a public hearing as it relates to 179 Old Falmouth Rd. 8. Finally, with respect to rats: Cape Cod has more than its fair share of rats, so much so that I have heard complaints from every village in Barnstable. I began to look into this issue in 2017 when I first came to Barnstable after a citizen from Marstons Mills made a complaint during pubic information at a Town Council meeting. The difficulty with the Cammett area is that not only is the Oyster Farm nearby but so too is Town of Barnstable transfer station, several commercial structures, Cape Resources, horse farms and several water bodies. It is impossible to identify the Oyster Farm as the sole source for this issue and even given a extermination mandate there is no reasonable way to conclude that the issue would be resolved. * And, if aggrieved by this notice and order;to show cause as to why you should not be required abate the violation in this notice,you may file a Notice of Appeal specifying the grounds thereof with the State Building Code Appeals Board within forty-five(45)days of this notice in accordance with MGL 143 c. 100 and 780 CMR. ** And, if aggrieved by this notice and order,you may file an appeal with the Town Clerk of Barnstable, specifying the ground thereof within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). Respectfully, Brian Florence Building Commissioner By Hand on 3/5/2020 �e � � � � �� . � 1 � ` � t � a • .�, ann ��ftiFic�fe. p� �eM���mnc8 f av✓al?'i^� Y.pv�. �����w j I SGHULZ LAW OFFICES, LLG THE SAMUEL ISHAM HOUSE 1340 MAIN STREET OSTERVILLE, MASSACHUSETTS 02655-1542 TELEPHONE(508)428-0950 FACSIMILE(508)420-1536 ALBERT J. SGHULZ MICHAEL F.SCHULZ aschulz@schulzlawoffices.com mschulz@schulzlawoffices.com March 12, 2020 Mr. Brian Florence Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 VIA ELECTRONIC (brian.florence@town.bamstable.ma.us) and HAND DELIVERED RE: 256 Parker Road, Osterville, MA.02655 Parcel 67,Assessors Map 116 Our File No. 23941 Dear Mr. Florence: I am writing on behalf of my clients, Alexander and Cynthia Swartwood (the ' "Swartwoods"), who are under contract to purchase the real estate at 256 Parker Road, Osterville, Massachusetts 02655 (the "property"). A principal consideration in the purchase the property and paying the $825,000.00 consideration, is that the property contains both a principal dwelling, with a kitchen, as well as a cottage, with a kitchen. The location of the two structures is depicted on the Mortgage Plot Plan, dated February 28, 2020, attached as Exhibit 1. Since my clients intend to perform renovations on the cottage shortly after purchasing the property (closing, March 19, 2020),they do not want any potential use violations to surface and would like to factually address the issue now. Based on the facts that follow, I respectfully submit that the main house, with full kitchen, and the cottage, with full kitchen, legally complied with zoning when built in 1950, and became nonconforming in 1969. I also respectfully submit that kitchen in the cottage has existed from 1952 to the present time, and is therefore a legal preexisting nonconforming use. Zoning in the Town of Barnstable was first adopted in 1929. See Exhibit 2. The 1929 zoning deemed all areas of town residential with the exception of existing business. The first zoning by-law specific to Osterville (Precinct 5) came in 1950 with the adoption of Article 73 at the 1950 annual town meeting on March 7, 1950, and approved by the Attorney General on August 21, 1950. According to 1950 zoning map, the property, which is located at the corner of Parker Road and Second Avenue, was in a Residence B, which allowed detached one and two- family dwellings as of right. See Exhibit 3 and Exhibit 4. The property became nonconforming in 1969, when the property was rezoned to a Residence C zoning district, which limited the use to detached single-family dwellings. See Exhibit 5 and Exhibit 6. Attached as Exhibit 7 is an Affidavit of Mary MacBey, dated March 9, 2020, attesting to the fact that a kitchen existed in the cottage continuously from the time her father, Francis P. Mutrie, purchased the property in December, 1952, until she and her sister-in-law, Joanne Mutrie, sold the property in April of 1997. Attached as Exhibit 8, is an Affidavit of the present owners, Daniel C. Dabbelt and Mary Jane Kennedy, husband and wife, who purchased the property in 2001, and held title to the present, either as tenants by the entirety, as trustees of a trust or under a limited liability company. Mr. Dabbelt and Ms. Kennedy, state that a stove has existed in the cottage during the entire time they owned the property. Based on the above information, I respectfully submit that the cottage, with full kitchen was a legal use under the zoning by-law from 1950 until that use became nonconforming in 1969 as a result of the 1969 zoning change, and that use is a legal nonconforming use which has not been abandoned. Should have any questions or require an additional information, please do not hesitate to contact me. Sincerely Albert J. Schulz AJS/ssm Enclosures EXHIBIT 1 i File number. 200225-11 I UNRECISTEREO.LAND Attorite : SCHULTZ LAW OFFICES,LLC' Deed Book 30959 162 -Lender: Plan.Book 90 Pa e'91 Lot(s) :Owner.* ALEXANDER B'CYNTHIA SMARTWOOD j REGISTERED LAND, Rem.Book` Sheet" LoI(s): Date: 2/28/2020 i Cv-fificateof Title AssensorIMafi 116 Blk: Lot 67 1 Census Tract MORTGAGE INSPECTIONPLAN Scale: 9"=30' i 256 PARKER ROAD, OSTERVILLE, MA A.P 116-66- 100.00, A:P 1:.1 6 Z W >:PVD D*R: LLJ Z• #2546B Q :'• ur,!A. DK kP 166-132' 01 N e -0111 N N. k�' nw °Zq U. 1 STY WON 256. 7P . � P 100.1.1 P A..R.K.E R. ROAD CERTIFICATION 11-IL MAIN BUILDING,FOUNDATION OR.DWELLING.MAS IN"COMPLIANCI;WI'rii THE LOCAL"ZONING BYLAWS IN EFFECT WHEN CONSTRUCPED(WITH RESPECrTO STRLICTURAL:SE'rBACK ACI`ION UNDEI;.INASS.CEN . REQUIREMENTY ERA' )ORS.EXEhPFROPVON ENFORCEMENT ' 2 , CT .L, 1AOO T FLOOD'DETERMINATION BY.SCALE:'I'HE DWELLING.SHOWN HERE DOES N01'FALL WITHIN A_SPE•CIAL FLOOD HAZARD ZONE'AS DELINEATF...DON-A MAP OF_GOMMUNI-rY N;25001C0757J AS'ZONE:X DATED 07/14/2014 DYTHC NATI0NAL.F1-60D.INSURANCC PROGRAM. vA�a�ZH"OFlygssq GARY S. o, 1 OIde Stone Plot P.lan:Seruilce,_ LC. o LASRIE P.O.$OX 1166 No.4003g. Lakeville-:MA: 02347: 9oFs Tel:•(800J 993`-3302 RNJI Faze(800) 993=3304 PLEASE NOTE: This inspection is°hot the result:of`an.instrumeht survey::T.heatrudures asshown'a-re approximate only. An instrument survey; Would be,required for an accurate determination of.building locations;;encroachmehts;property line dimensions,fences.and lot configuration and may-reflect different.information.than shown here. The;land.as showq(s.based on client fumislied,information only or assessors map 8. occupation and may be.subject to furtherout-sales,,takings,easeinents and rights,of way. No'responsibility is extended to the landowner or surveyor;of bccupant. This:is merelya mortgage.inspedion and:is not be be recorded. EXHIBIT 2 � pa.ralle.11ing the plat boundaries.. Section 3. Any town limits shall be accurately located on the plat, and thei-r ' names -shall be printed on them. . Section 4.. ; All streets as shown .on . the _Off. cial . Town Plan, wherever. they .lie 'wt thin-. the plat .' <. r I Section 5. . The exact layout, including: - :(a)-.:-.;Streets, and alley lineE their names .b.earings or angles of intersection And widths .and all roadway widths. (b� The lengths of all arcs, radii,. and .tangent bearings. . (c) The grades bf..all streets. or .parts of streets over,:.five per cent. • ('d) All easements, .or rights of .way. where .provided for ..or owned by ,public services; the 1imits::af:-,t.4e-';ea semen t.rights should be .definitely stated on the plat. ( e) _AlI~ logyµ". ln�a. :�ith :dimensions in feet and .-tenths. (f) The accurate .location and 'mat:erial 'of .all• monuments :or bounds.. (g) ::All public property on the tr act, 'accurately outlined and ..described:Wit h .•existing or proposed use designated. :.:(h) The location and use of all .property reserved by . - covenant in-the deed ./for the common use of all.-property owners. . .( i) Pro- posed drainage and disposal of surface water. ..Section 6. _:..Both_ By-Law and Private Restricti.ons including: (a) Boundaries. of each type of use restrictions. ::(.b), ,:Set back building lines. Section 7. A copy of :private re strict ionqtor-each .:differently restricted section of 'the plat . . .. .: ..:-_ :-_. � c In any case of -a replat; the same .procedure,;J-lrul.es, and regulations apply as for an original .plat. However, -the :replat ;should also show clear- ly just what area has been vacated and should. show enough of the surround- ing plat or plats to -indicate how the-.proposed r.ep.hat _fits .in with .them. Also , the title of the replat should '.i-ndicat•e defin.it.ely of -just what it is a replat . _ .. ... �,�..;..•: . Ado.pt ed March 81 1927 ... Approved August 22,; •:1927 . Article 10. The Town of Barnstable is is hereby .divided into districts, aubje ' ' IV ,01 _ 1 , the provisions hereinafter. stated, to be known .respectively as non-residenc �xl districts and residence districts as follows: _.'`:Non-residence Districts .-._ subject to change as hereinafter provided, shall :comprise all landslwhich at the time this By-law becomes effective are :,used for. _any -business or industry other than farming, truck gardening_,:•:.t.he growing of trees., shrubs, vines or :plants, and the . raising of animals, :•Residence Districts, subject to change as hereinafter .provided,. shall comprise ;all. areas no.t . included .in Non-residence Districts. - Subject to the .provi.sions:;hereinafter stated, no parcel of -land lying in any Residence .District and.-not at the time -this By-law: becomes effective devoted to any .business -.or industry, other _than . those hereinbefore- specified shall hereafter be-used for .:any .business or industry, ` or ,'for any purpose except for residence.-or .of buildings, appurtenant .t.hereto , or for churches, schools .and simr-lar non-commercial or non-industrial.- ildings, and no permit shall be issued for :the erection, alteration- or coversion of .any building for or-to any such prohibited use, upon any such •parcel, � except as hereinafter. provided. A .permit may :be issued for-the-erection in any residence district of a. building for the purpose of any business or industry or .for the. alteration. or conversion of a building in.. such district for or t_o such .purposes; if the Selectmen shah after public: hearing so order, provided that no, such per.mit .shall be grantF except upon written application and after a. public.heazing of parties interested and consideration. of their .evidence by.-.the--.Selectmen; -notice of _ said hearing being given by publ icat:ion of the, time and place thereof in. a local newspaper not less than two weeks before said hearing, the expense of I such publication to be borne by the petitioner.• After such hearing the =r< Selectmen shall render a decision in writing, stating the decision and the reasons therefor and file the decision with the Town Clerk and send a copy thereof to the applicant . I hereby certify that the foregoing by-law was adopted by the Town of Barnstable on June 14th, 1929 , and approved by Joseph E. Warner, Attorney General , on July 2 , 1929 . Attest: Clarence M. Chase, Town Clerk. EXHIBIT 3 65 TOWN OF BARNSTABLE AMENDMENT ARTICLE III, CHAPTER III - ZONING BY-LA4/S It was voted to amend Article III of Chapter III of the Townta By-Laws by striking out in the third line of paragraph B of Section 1-A. the word "or" and substituting in its place the word "and" . The above By-Law was adopted by the Town of Barnstable at the Annual Town Meeting held March 7, 1950 while acting under Article 72 in the Town Warr ant. Attest: C. M. Chase , Town' Clerk Boston, Mass. , August 21, 1950 The foregoing zoning By-Law is hereby approved. Francis E. Kelly Attorney General I hereby certify that I caused a copy of the foregoing Amend- ment to by-laws to be published on the 24, 25, and 26th day of August, A. D. 1950 . in the Standard Times . a newspaper published, or by its title page purporting to be publ d, in t e T_Qtjn of nsta be. Barnstable , as. Clarence M. Chase Subscribed and sworn to before m j Town C erk -Bernice Chadwic I d I OF BARNs T _.L —AMENDMENT ARTICLE III , CHAPTER III ZODIIAIG BY-LAWS ,_ �N�� SECTION 1-G P' y PRECINCT 5 - OSTERVILLE � CP A. ESTABLISHMENT •OF DISTRICTS 1. Classes of Districts - Precinct 5 of the Town of Barnstable is hereby divided as shown on the zoning nap enti%tled". . "Precinct 5, Barnstable , Zoning Man"', dated February720 `; - 1950 and filed with the Toum Clerk, into Residence AA Dis- tricts , Residence B Districts and Business Districts.= 0 2. Lots in Two Districts - Where a District Boundary line oA divides any lot existing at the time such line is adopted, the regulations,for the less restricted portion of such lot shall extend not more than thirty feet into the more re- stricted portion, provided the lot has frontage in the less restricted area. B. Non-CONFORMING USES 1. Any building or use of a building or premises or part there- of in said Precinct 5 of the Town of Barnstable existing at the time this By-Law is adopted: may-.1pe continued al- though such building or use does not••-c_onform to the pro- visions hereof. 2. Any such non-conforming building which has been damaged by fire or other cause to any extent may be repaired or re'::uilt but the total floor area shall not be increased, unless first authorized in writing by the Board of A,,peals. 3-. In a Residence AA District: a Provided the Board of Appeals .first approves thereof in writing any such non-conforming building or struct- ure may be altered or increased +.neize or any such i .. non-conforming use may be extended over or -s.ny part of the premised upon which the same is located at .-the _ time this By-law is adopted. (b) When such a non-conforming use has been discontinued for three years, it shall not be re-established, and the future use of the premised shall conform to the .-re- gulations of the Residence AA District then in effect and as thereafter amended. (c)The Board of Appeals may permit any non-(;onforming use to be changed to any specified use not substantially, different in character or more detrimental to ..a neigh- borhood. 4. In a Residence B District: (P.) Provided the Board of Anneals first q.T)proveB therdof in writing any such non-conforming building or struct- ure may be altered or increased in size or any such non-conforming use may be extended over all or any . part of the premises upon which the. same is located at the time this By-Law is adopted. (b) No such non-conforming use that has been discontinued for one year shall be re-established unless first authorized in writing by the Board of Appeals. (c) The Board of Appeals may permit any non-conforming use to be changed to any specified use not eub:;tant- ia.11y different in character or more de.trAmefttal to a neighborhood. RESIDENCE AA DISTRICTS 1. Residence AA Districts defined - Those districts sh6VM_!as Residence AA Districts on the Zoning Map referred -toab6ve'' and filed with the Town Clerk are hereby established'as ` Residence AA Districts. 2. Use In a Residence AA District no building or structure shall be erected, constructed, reconstructed or altered which is in- tended or designed to be used in whole or in part, and no building or premises shall be used, for any except the following purposes: (a) Detached one-family dwelling; (b) Church; (c) Educational use; (d) General purpose farm, agriculture, a garden, or nursery, selling only produce or plants , the major portion of which is raised on the premises , and ex- cluding any use injurious, noxious , or offensive to the neighborhood; (e) Municipal recreational or water supply use; (f) Accessory used customarily incident to any of the above permitted and not detrimental to a residential neighborhood. The term accessory use shall not in- clude (1) Any use not on the same lot with the building to which it is accessory unless authorized by the Board of Appeals; (2) The taking of more than six lodgers in any dwelling; r (3) A garage or storage for commercial vehicles un- less authorized by the Board of Appeals; (4) Advertising signs except those pertaining to the lease, sale , or use of a lot or building on which they are placed, and not exceeding ti�relve square 63 feet in total area; provided that on a lot occupied by a dwelling house there may be not more than two signs with a total area of not more than three square feet, pertaining . to the use or accessory use -of such 'build- in . lots No building, except one story buildings of accessory use , shall be erected on a lot less than one-hundred- feet wide and containing less than ten thousand square feet , provided that one one-family dwelling and its accessory buildings ' may be erected on any lot which, at the time this By 'Law- is adopted, is separately owned. 4. Front yards Vo building shallbe erected within twenty feet of, a street line, provided that no building need be set back more than the average of the set banks of the buildings on the lots next thereto on either side, a v�.cant lot one hundred feet or more in width or a lot occupied by a building set back more than twenty feet being counted as though occupied by a building set back twenty feet. D. RESIDENCE B DISTRICTS 1. Residence B. Districts defined - Those districts shown. as Residence B Districts on the Zoning Map referr ed to above and filed with the Town Clerk are hereby established as Residence B Districts. 2. Use In a Residence B District no building shall be erected `or altered and no building or premises shall be used for any purpose except (a) Detached on or two-family dwelling; (b) The taking of not more than ten lodgers by. a family resident in the dwelling; (c) Private club not conducted for profit; (d) Church; (e) Educational use; (f) General purpose farm, agriculture , garden, or nursery,' selling only produce or plants the major oortiori•:of which is raised in the Town of Barnstable, n.nd ex cluding any use injurious , noxious , or offensive to the neighborhood; (g) Municipal recreation or water supply use; „ (h) Accessory use customarily incident to any of the above permitted uses and not detrimental to a residential neighborhood. Accessory use shall not include; (1) Any use not on the same lot with the building to which it is accessory unless authorized by the Board of Appeals; (2) A garage or parking space for or storage of more than three automobiles , unless authorized by the Board of Appeals; (3) Advertising signs except those pertaining to the lease, sale, or use of a lot or building on which they are placed, and not exceeding a total area of twelve s-!uare feet; provided that on a lot occupied by a dwelling house there may be not more than two signs , with a total area of not more than three square feet each, pertaining to the use or accessory use of such building. (i) Any of the following uses provided the Board of Anneals , acting under the rules set forth in Section 3 of Article III of Chapter III of the Town' s By-L.-we , authorizes 'b 0 a a special permit therefor: (1) Commercial Dairy , pou*Lt'ry or animal raising, or-riding stable , provided no such use is con- ducted within one hu.ndred feet of the land. of another okmer; . (2) Hospital, convalesce-its home , sanitarium, in- stitution or philanthropic use; (3) Greenhouses; (4) Hotel, boarding house , lodging house, apartment house , or dwelling house , otherwise not per- mitted; (5) Municipal use; (6) Telephone exchange, nro'Jided there is no. service yard,, garage, or public business office, and. that the design of the building with reference to' harmony with the architecture characteristic of the District, be approved in writing by the Board of Appenla and that provisions be made for. adequate parking of cars. (7) Any use authorized in the Business District. 3. Size of Lots No building, except one story buildings of accessory use- shall be erected on a lot less than seventy-five feet wide and containing less than aeventy-five hundred ;square feet, provided that one one-family or one two-family dwell- ing and its accessory buildings may be erected on any lot which, at the time this ByLn.w is adopted, is separately own- ed. 4. Front .yards In a Residence District B no building shall be erected and no roadside stand or accessory use shall 'be placed within ' twenty feet of a street line, provided that no building need be set back .more than the average of the setbacks of the buildings on the lots next thereto on either sid.e-; a � vacant lot one hundred feet or more in width or a lot occ- upied by a building set back more than twenty feet being counted as though occupied by a building set back twenty feet. E. BUSINESS DISTRICTS 1. Bus`iness Districts defined - Those- districts shown as . BusinPss Districts on the Zoning Map referred to above and filed with the Town Clerk are hereby established as Business Districts. 2. Use In -. Business District no building shall be erected or alter- ed and no building or premises shall be used for (a) Any purpose injurious , noxious, or offensive to a neighborhood by reason of the emission of odor, fumes , dust, smoke . vibration, or noise or other cause; (b) Any of the following uses , unless the Board of Appeals, acting under the rules and regulations set forth in Section 3 of Article III of Chapter III of the Town' s By-Laws , authorizes a special permit therefor: (1) Yard for or storage of coal, oil, junk, lumber or a building or place for commercial recreat- ion or amusement. (2) Any manufacturing; use. 3. Front Yards In a Business District no building shall be erected and no roadside stand or accessory use shall be placed within ten feet of 'a street line , provided that no building need be set back more than the average of the setbacks of the build- V� ings on the lots next thereto on either side , a vacant lot � one hundred feet or more in wic.th or a lot occupiem.bY a building set beck more than ter.-. feet being counted as though occupied by a building set bacl,: ten feet. F• ADMINISTRATION 1. Enforcement. This By-Law shall be enforced by the Inspector of buildings. He shell issue no permit for the erection or alteration of any building, or part thereof, plans , and specifipations and intended use of which are not in all- re- spects in conformity with the provisions of this •By-Law. With each application for a permit to build there shall be filed a plan showing the lot, the area and location of the proposed building. 2. Board of Appeals. The Board of Appeals established under Section 2 of 'Article III of Chapter III of the Town' s . By-Laws shall act on all matters within its jurisdiction under this By-Lac, in the manner prescribed in Section 30 of Chapter 40 of the General Laws as amended, but subject always to the rules set forth in Section 3 of Article III of Chapter III of the Town' s By-Laws. 3. Adjustments . Notwithstanding anything to the contrary here- inbefore in this By-Ls.w set .forth, the Board of Appeals shall have power hereunder to vary the application of this By-Law on an individual lot or in a specific case where necessary to allow a reasonable use of property in accord- ance with the spirit and intent of this By-Law. 4. Other Regulations. Except as hereinbefore provided, this By-Law shall not interfere with or annul any other by-law,. rule, regulation, or permit , provided that, unless , specifi- cally excepted, where this By-Law is more stringent it shall control. 5. Validity. The invalidity of any section or provision or this By-Law shall not invalidate any other section, or provision, : hereof. Boston, Mass. , August 21 , 1950 The foregoing zonirg By-Law is hereby approved. Francis E. Kelly I . Attorney General I hereby certify that I caused a copy of the foregoing Amendment- to by-laws to be published on the 24, 25, and 26th day of August, A. D. 1950 in the Standard Times , a neWSDap er-published, or by its title page purporting to be publishe i the To f BaMab \ Clarence M. Chase Town Clerk IArticle 73 Barnstable, ss. Subscribed and sworn to befor me . � Bernice Chadwick,,,,,,�ca -o��Q.c.cti�-1r''. i 111 EXHIBIT 4 U OAIP CIA .:r Rip o ..,.: W . :,\" - �_ '/• it..::;. r:i' '{, r n. /� y '�1:'��f• .+^.ii::'::)•D/:•r`.y4 �'N-i'V��,L.%'�Y.:::i���yr ..,.� ry'F .. � ..1.''c ;% S•..�" .f=vi_ :YJ.'� :�ca.,.:^'Y.,tncT`S:4. i-i,' -s.'� 6• �,c.- _.tom; ''r7 ::x. .,k : r.:;> ;o:`�>, •_ '.s'•• _ s' ...e-.dip_;; r -y �t1u k •r-4 .•.r_ :-0•:Yj .e�+``'ry. ,,.:J ,,a. __,'3"E�i�'. .R=��r�.lC`a - ' •k St'1 br il`+-�"`1 � y'. a r�'+� "C � . '. . .. � a�j''.•�'� � j., 't�. -256 Parker-. 'Rod K, teis i1� e': ' zi c. • Y.: .r rq 1'N T U:. :,x,y "•�: .. ':',�{� - .. .;:�;����if�...'_., 'i� IRE MF z!yy, nb• 1.E. .;...r.l�', _.. .'.:. i:::'KNC;i�':: E..= `.« .,L. .IY .�=-�'E .:aY+.,�.�d`�.L: r..t., _ 'ci '''a.• =.5.�.��� _�,+.:w.ta-'+JIG.Tr d � -•'ri..f.• ...,•...,_F.;s•:,-P ''_-., •'' _ _•Gs.:,: ;iF.:'!_ .a:?•+.e- "=sw ,c'7 r'.j i'.'Ls-:'lF'. 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M1Y.S'�/ _-irtr:,':�::•�." -rl i.r' a ° <?c *��•�.s; 'z. - :yM. a:Y.^..:::,• ,.Avn: cA:. �.�C.,,"Y'd', �„'k L�f �J udOi,tE'..�SdonY....11�e♦�w o.:y,i aeb t��:fS; \'-..9.mot,.. -x >•,r,sA �': � : f en_ a° '.fts� ';;�_ a°�,_batL•:�iy..q:r#.-".•`��i "- :N a�•, }- x _ f!`�- !. }a:. � a��fae,�t'C Lh' .,,, �' k1e ,fi/ ::.fn_. s,-i,4,:•,Q'^ ..t 7. - _ ^+ 4 1 f • w,a,, k. 1 Ld+:.. ti T z, �i - jl'rr.•i. ,+,:":i•::-.,.,-�:n A .ha. r` e'; '4 �� r. ..f'.t'•,. iL ra• .� r err'- .. n`Y- r'•� •'4 ,,Y ,> s 3c° i. W.•.:�':.,,':ti,C/l;W';�..� � <`� : r.;''A.,t,4.�:ti�,�;�.di'�% .v,a•.-��`�."Y_ � ..4.,. •r. s`•d:���`.a,yY?..�,pg`�'�r'ii_y•�.av y��y-:•q�,'cx,, e?e:`.-a! , '>I Y`'�`'`;s�y."•a.• _-.:r. .A L�`,3''�'�•�`� r:i `atr-L+'�.j �6l'y ,:Si:: 't'F:-t.p�� r �;':4.'_:�5,� ���5e�tt��,t�� i-� '�gl�'1�f�.:e�'�,:�k'a�•+�`!` .y �' ,���1���n�2� -`t? .a�o.,.-i1� '_.�S}..pr•: .....+.?�.,�a�.�.;."�.I_:)..ti-f••....'- `':)�a-'13., - ���:,z'f..,, ,.,..,,� a•r `•...�;._ . EXHIBIT 5 EXHIBIT 6 ZONING BY-LAWS I n and BUILDING CODE IVpf T H E 7. BAHY9TABI,E, i q R1 oop 6'g. �y i _ OR -1: i•. k: 7 T B , OWN ARNSTABLE MASSACHUSET TS PRINTED ON CAPE COD AT THE PATRIOT PRESS, HYANNIS, MASS. llfaztmum Clear Spaus of Rafters ARTICLE III, CHAPTER III For Wood and Asphalt Shingle Roofs •• - ZONING BY-LAWS ' S (Rafters for slate, tile, or asbestos-cement (rigid) shingle roofs shall be A. PURPOSE of sufficient size to carry the load.) 1. The purpose of these by-laws is to promote the health Assumed Total Live and Dead Loadt40 lbs. per sq. ft. (Clear span shall mean the distance measured horizonta117 from ylate to a safety, convenience, morals and/or general welfare of.the point directly beneath the ridge. The actual rafter length will depend on Inhabitants of the Town of Barnstable, to protect and'con- the root slope and must be determined accordingly. serve the value cI the property within the town, to increase For Roof with a Minlmum Slope of 5 to 12 *..he amenities of the town, aiid to secure safety from"sea- Lumber Size I Maximum clear span sonal or periodic flooding,'fire, congestion or eonfusioli,-all Minimumin accord ]with the General Laws, Tercentenary Edition ,lllnimum Minimum fibre acres., of the C46nlmon-wealth of Massachusetts, Chapter 40A, See' fibre 1,200 stress, ftb00 stress, 1,000 than 1bs. tlons one (1) to twenty-two (22), or amendments thereto. spacing For this purpose, the height, number of stories, size of build- Nominal Actual center DouJlas.Flr Inge and structures, size and width of lots, the percentage t° gioast of lot that ma be occu ied, the size ,of aids, courts and center Region and Rest Coast � y p y - lnland Hemlock, other open spaces, the density of population and the loca- f s uthe�n cypress, o t ocher tion and use of buildings structures and land for trade Mellow Pine, Redwood soft wood o , , Western Tamarack marine business, industry, agriculture, residence or other arch purposes are regulated within the Town of Barnstable:as Inches Ft. In. Ft" In. Ft. In. hereinafter provided. 24 B. ESTABLISHMENT OF DISTRICTS 2 by. 4.... 19% by3%., 20 7 3 c 7 5 e 1. The Town of Barnstable is hereby divided, as shown 12 s 4 s e 7 2 on a map entitled "ZONING IVIA'P OF BARNSTABLE, 24 10 3 s 4 7 s MASS. DATED FEB.•3, 1969", as revised at the March 3, s by 6.... lyg by 6%.. 80 11 4 to s s 6 1970 and tilareb 27, 1971 annual. town meetings and the 12 14 2 133 i 11 o August 31, 1971 special town meeting and on file with 24 13 s 12 6 16 0 the Town Clerk, .into the followiug Districts: 2 by 8.... 1%by 7% 20 15 2 13 s 11 o Residence A Business 16 16 7 15 3 12 1 12 is 4 16 7 14 3 Residence A-1 Business A Notes.—Where the allowable fiber stress of the spectes of wood used is Residence B Business Limited A In excess of 2,200 bounds, increased apans will be permitted provided they � are detertalned on the same basis as used for this table. Residence.0 Business Limited B Ratters on roots with slopes less than 6 to 12 shall be figured same as Residence C-1 Business Limited C . floor Joists. Residence.D Marine Business A Residence D-1 Marine Business B Residence D-2 Village Business A Residence D-3 Village Business B Residence E. Highway.Business Residence E-1 Urban Business Residence,,F Industrial Residence F-1 Service and Distribution . Professional Residelitial C. DEFINITIONS 1: -In this' by-law,' the--follolving terms• shall..h'ave the mealhings'.indidhit a, unless 'a=contrar-y meaning is required by- the -context: Page 32 .. Pfige 1 Cl) to n3 0) tk by to tq (a) Single family dwelling — A detached residential Maxlmnm spa".. For Cetlt".g .blot. • 4 to :d building designed for and occupied-by a single family, -Live load, none; dead load, 10 pounds per square toot (b) Two family -dwelling A detached residential Lumber Size Maximum clear span * O PP o building designed for and occupied by two families. iNo. I or 2 Dimension) 0 E-i H � (c). Lot — A single area of land in one ownership de- Jf inimum i Minimum Minimum .d R fined by metes and bounds or boundary lines. fibre stress, fibre stress• fibre stress. 1,200 tbs. 1,000 tbs. less than a) O - i� (d) L'ot width - The width of any lot shall. be meas- spacing 1,000 Tbs. dz of c3, center used wholly within the lot at the building set back line Nominal Actual to p >,� 4m alonga straight line parallel to a line c�onnectin the in- center Dou-ins Fir P0. 0 tersction of the fron boundary with the lot side lines, n`i ilo nand Vxem Vest oak t all other. >4 � to except that an owner of land may establish his own set Empire). I cypress, soft wood. a) 0 0 back line at a distance greater.than that required and, the Southern Redwood U tq i? Y\`�est rn e, Tamarack a) )y lot width may be. determined at the set back line so estab- i Larah --5d 0 lished. (e) Apartment Unit - that portion of the floor area of I Inches Ft. In. Ft. in. Ft. In. -:1 H :a a multi-family dwelling designed for occupancy of a single 2 by 4.... 1%b3 3%.. ( 12 i0 0 i0 6 8 ti 0 4-3 -0 faliiily and containing one (1) kitchen. W_V_ -P Sub=paragraph (e) added by An 97, approved by the Atty. Gen. 2 by 6.... 1%by 5%.. ( 16 i 15 4 14 S 113 3 W � June 19, 1970 ` 1.2 16 7 15 10 14 2 D. -DISTRICT BOUNDARIES 2 by 8.... 1 i 1A by 7�.. I 1a- 20 2 19 3 17 2 co 12 21 8 20 o I 18 6 k o 1. The district boundaries shall be as shown on the i ote. where the attic space above telling, Joists is unfinished but is N4-3 0 Zoning lliap. The scale of the map and the figures entered usable for storage space• or if the space is suitable for finishing into d L7 r i thereon are 1:0 serve as guides. future habitable rooms, the spans for the telling joists shall be figured al g the same as for flour joists. W to 0 2. Where the boundary line divides any lot existing at r-+ Z the time such line is adopted, which has street frontage in the less restricted area, a use authorized on the less re- 4J, to 0 =d _4 atricted portion of such lot may be extended into the more -P $:". restricted portion for a distance of not more than thirty a t W a)) � o (30) feet. s4 ? E. UNRESTRICTED USES L The following'uses are permitted in all districts. -P v)b ¢, a. Church or other religious purposes. •4 0 b. Educational use, which is religious, •denomination- 4-01 0+' al, sectarian or'public.. lZ. . fn c. Municipal, municipal recreation or 'Water supply co q ;-i use.. -14 Z O d. Agricultural use,-.including farms for the -gr6- ing 4' of fruits,'vc&stables and,ot)ler produce, ah'd:the maiiiten- ante of a`"greenhousr or:nursery: Sale ol;, the- pr6allce Q coo {zrowu on the' premises'iS'p6rmitted. :- lafl - $uli-paragraph (c) deleted a.nd Sub-paragraphs ('d)'-alid••(iI) � co r, � deslgnaaed[by::191,0!An 99, ,approved by Atty. Gen.,kitne::10 9;;• 7Q. bo F. :.:PROHIBITED•USES ' -4 o fr•l A.:Trailers..• .": ;•<< . . . .. Id i;`i Parkin" !`storing: or:r'occU yind'.. trailers:-for.�liv.ing: or o busiuoes puxp.fises_:is :proliibitecl:an.:.':all ,zol ill ,..districCs;of Page-.2 Page 31 0 M r-4 Maximum Spano For Wood Girdern the town subject to the fullo-%ving exceptions: a. Storage in a garage or other accessory building or Maximum clear span Maximum clear ai:4�n storage on the rear half of a lot-owned or occupied by the Size'in Inches 1 star and Size In Inches `. lv. and owner of the trailer.-Location of trailer must comply.-with 1;4 1-story 2 and y 2-story yard requirements of the- zoning district. tory dwellln gs dµ,ellings dwellings dwellings b. A permit may be obtained from the Building In- FL In, FL In. Ft. In. FL In. spector by the owner of land for occupancy of one (1) 4 by 6...... 6 0 4 a 4 bi' 10..:.. 8 0 7 0 trailer for living purposes by non-paying guests for a per- 6 by 6...... 6 o s 2 6 by a..... 8 0 7 o 4 by 9...... 6 4 5 6 6 by 30.. 9 0 8 0 iod no �i y yrt exceeding twenty (20) days in an calendar year. ... - c. A trailer may be occupied as a temporary con- Notes:—The above spans are based on a minimum fiber stress of 1200 struction office only,, incidental to construction on, or Pounds. When the allowable fiber stress of the species of wood use t4 is other than 1.200 pounds, spans shall not exceed those determined by development- of, premises on on which the trailer is located established engineering practice If the total of the spans of joists framing Into the under a temporary-permit from the Building IIISpCCtOT. girder on both sides exceeds 24 feet 2 Inches, or If loads are concentmted, the size and span Sub-paragraph (c) amended by 1969 October 23, Sp. 20, approved of the girder shall be determined by established engineering practice. by the Atty. Gen. Dec. 17, 1969. B. Tents L Maintaining or occupying a tent for living or business Ofasimum Spnas For Floor Goleta purposes is prohibited in`all zoning districts of the town. C, noxious or Offensive `uses. Assumed live load. 40 pounds per square foot, dead load, 10 pounds 1. 'Uses which are injurious, noxious or offensive by rea- per square foot - Lumber Size Maximum clear span son.of the emission of odor; fumes, dust, smoke, vibration ' (No. I or 2 Dimension) or other cause are prohibited. ni.mum 'Minlmum 3linlmum G. NON-CONFORMING USES . fibre stress,)fibre atres% fibre stress, i:zoo rb -i,000 bs. less than Spacing A. Any lawful building, or'anp lawful use of a building I , center 1 000 bs. or premises, or part thereof, existing at the time the zon- Nominal Actual to Dou lasFirI - center 1 lug, by-1 was originally adopted in the area in which ((.oast J Reg Ian an .west coast. _ such building or use is located, may be continued, although Inland Hemlock; All other Empire); I cyr�ress, soft wood such building or use does not conform to the provisions - Southern Redwood hereof. Yellow Pine, Tamarack _ Western Larch B. Any change of a non-conforming use, any alteration I Inches Ft. In. Ft. 'In. Ft. In. of a non-conforming building, or structure, when'the same would ..amount to reconstruction, extension or structural 2 by 6.... 1°i6 br s%.. 10 9 1 8 6 7 9 clia.Age an alteration. OF."a .non-conformity buildin or 1z 10 o s 4 a 7 C , 3' g building, ws 'or 'by 3.... 1%by 7%.. 16 '12 1 it 4 .10 4 structure to provide for its use for a purpose or in'a-man- 12 13, 3 12 s 111 4 ner substantially different from the use to whiell'it was put 3 by 8.... 2% by7%.. 16 .14 0 13 2 12 1 before alteration,-o to',.'a f for'its use for.the same purpose` 1.1 45 4 14 4 13 2 substantially greater..e.%tent,.sliall.be allowed only by'Spe- 2 by 10.... 1% by 9.%.. 16 is 3 14 4 13 1 cittl Pe1•mit of the Board of �ppeuls. 12 16 8 16 8 14 4 C'.'`1,•ny 4$LICh"'non=COY1.f�T111111 ''•buildlIln ,tivhich'has boon ` 3 by lo...,. z9y by 936.- 16 17 a 16 9 16 z da-riiaged.by fire o1 otlieT cause`.to any,extent,.may be. rg= 12 19 3 18 1 16 6 Y by 12.... 1%by 11%. 16 is s 37 316 to paired or rebuilt, providing the owner shall apply for a 12 20 1 IS 10 17 3 b,nilding.peimlt and Stay,t opel'9t102iS -f()r !e'torGl , oi'.`2e- Note:Where.the spacing of floor,'joists exceeds 16 Inches o.6.,or.where b-u5ldIn:g`oil said p1em)Ses hvitliin't�belve (12) »ionths"of$gr the allowable fiber stress of the species,of wood used Is,1n excess of 1,200 -Sli�h�CataStDO,phe; pounds, the size and span of the joists shall be determined on the 'eariie bas Is as used for this table. l)1"'See.=SpeClal' aceptlo s 'ISeC]OSl ';'• Pnge ,30 Pa -:3 H, .:ACCESSORY USES (b) Pernilts shall be issued by the Building Inspector, 1: Acc6ssory buildings or uses located on the same jot who-may request information in the form of drawings, a`s the building to which it is accessory and customarily in- specifications, details, or photographs as necessary cidental to any of the uses permitted in a particular resi- before issuing a permit. (fence district and not detrimental to a residential neigh- (c) A permit shall become void if the sign for which it has borhood•, shall be permitted in that particular residence been issued is not erected within ninety (90) days district. from the date of Issuance. I:` 'USE, REGULATIONS — RESIDENCE DISTRICTS \ A. No building shall be erected or altered and no build- ing or-premises shall be used for any purpose in the fol, lowing specified districts other than provided for in this section or in Section P. I.—Residence-A-DWr-ict. a.—Detach ed,-ane-o1;-two--:f amily--dwelling. b. Reli.ting-rooms-for-not-more-than-ten..-.(10)..-lodocrs J41--ate filmily- --esident-.-in..the dwelling. 2,=-Residence-Al-'-District. a.---Detaeh.ed-one Family---dwelling. Adopted March 8, 1949, approved July 5, 1949 h. Renting:=:rooms•;for not more than Six (6) lodgers'by Amended March 6, 1951, approved May 24, 1951 :�naazil-y_resideut-ili•-the dwelling. Amended March 3, 1953, approved Aug. 25, 1953 3. Residence B District. Amended March 3, 1959, approved May 27; 1959 a., Detached one family dwelling. Amended March 7, 1967, approved. April 2T, 1967. A 1$enting.rooms for. not more than Six (6) lodgers Amended March 6 and 7, 1969, Approved July 8; 1969 Gy a.family resident in the dwelling. 4. Residence C District. xowAxD w.sEn13s, a. :Detached one (1) family dwelling. 6. Residence Cl District. Town Clerk. a. Detaelied one family dwelling. b. P;ro.(Gssional or home occupation use. See Paragraph ]4:.for.definition: .c. jlenting rooms for not more than six (6) lodgers by..or fa)l ily resident in the. dwelling. 6... ;Residence D District, a.., Detached-one family dwelling. 7. Residence..Dl -District. . a,. betaclied one.family dwelling. t�:. .Renting of rooms for not more than six (6) lodgers hy. a,family resident in the dwelling. 8.,_.1esiden•ce D2. District. . $:,:'.;D'etaAeld one family dwelling. „•b,. Professional or,home•ocekip?tion, use.. See:Paragrt'ph 14•for definiti"on. ` ' ` ` " ' C. Renting of rooms;for.;not•more than six (6) lodgeis by a family .res%dent in'the towelling. age,..4 Yape L `�i .' EXHIBIT 7 AFFIDAVIT Now comes MARY MACBEY and on oath, deposes and states the following: 1. I am seventy-six (76) years of age and reside at 40 Walden Way, Milford, Massachusetts. 2. This affidavit is made with respect to the real estate located at 256 Parker Road, in the village of Osterville, Town of Barnstable, Barnstable County Massachusetts ("Premises"). 3. 1 understand that the Premises is presently under agreement to be sold and the issue has arisen concerning how long the kitchen in the cottage has existed. 3. I am familiar with the Premises and have personal knowledge of the statements made in this Affidavit. 4. My father, Francis P. Mutrie, purchased the Premises in December, 1952. A copy of the deed is attached hereto as Exhibit 1. I was nine (9) years old at the time. 5. In 1952., the Premises contained two (2) structures, a main house, labeled#256A and a small cottage in the southeast portion of the Premises, labeled#256B, as depicted on the Mortgage Inspection Plan attached as Exhibit 2. Our family lived in Wellesley at the time and the Premises was used as a summer home. 6. The cottage, although small, had a bedroom, a full bathroom, a living room and a full kitchen, including a stove. It had a front and rear entrance. 6. During my childhood and beyond, I spent summers at the Premises with my father, step-mother, and brothers, Francis, Jr., Charles and Richard. 7. My father died on May 17, 1977, in Wellesley. 8. In 1980, the Executors of my father's estate distributed the Premises to me and my brother, Richard. A copy of the deed is attached as Exhibit 3. In 1992, Richard conveyed his interest in the Premises to his wife, Joanne Mutrie as tenants in common. A copy of the deed is attached as Exhibit 4. 9. In April, 1997, Joanne and I sold the Premises to Keith A. Byerly and Anne D. Kelly, then of Wellesley. A copy of the deed is attached as Exhibit 5. 10. At all times from 1952 to 1997, there was always a full kitchen in the cottage, including stove. 1 Signed under the pains and penalties, this day of March, 2020. l Mary Ma ey 2 EXHIBIT 1 i We, William L. Templer, Jr. and Georgia I. Templer, husband and wife, 830. '. of Swampscott, Essex County,Massachusetts, 2'1 7 +�PA46-W for consideration paid,grant to Francis P. Nutria of l'Jellesley, Norfolk County, Massachusetts, with guitrlatmrnaenants thelandin Osterville, 'Barnstable County, Massachusetts, together with } the buildings thereon, si uate�dZ6.tqek t�'rly side of Parker Road, and being shown on "Plan of land in Osterville, Mass. Belonging to Minnie 'C. Allen, Scale 1" - 40, Nov. 18, 1,949, Bearse & Kellogg, Civil Engineers, Centerville, Mass." duly recorded with Barnstable County Registry bf Deeds in Plan Book 90, Page 91, bounded and described as follows: Beginning at a cement bound in the EASTERLY line of Parker Road, it being the Southwesterly corner of the premises to be conveyed and the Northwesterly corner of land of 1,Valcott Ames, as shovm on said-plan; thence running NORTH' 80 591 50" WEST.in the East line of Parker Road, one hundred and 11/100 (100.11) feet to the intersection of the East line of Parker Road and the south line of Second Avenue; .thence turning and running NORTH 810 00, 10" EAST, in the South line of Second Avenue, one hundred twenty-two and 93/100 (122.93) feet to an iron pipe-for a corner; thence turnin and running SOUTH 80 591 50" EAST, by land of Minnie C. P:llen, one hundg red and OU 100 100 feet to e for' thence turning and'rtr:ning SOUTH 800 561 30" BEST, by land fen; '.7alcott Ames, one hundred tvrenty-tvio and 46/100 (122.46) feet to bound first mentioned and point of beginning; containing 12,270 square feet, more or less. Being the Northerly portioh of Lot numbered 16 on plan of lard at Osterville, Mass. belonging to James A. Lovell, January 1909; Frederick 0. Smith, C.L., said plan being filed in Barnstable County Registry ;t of Deeds as Plan No. 223, which was con eyed to George Vj. Blanchard by deed of Minnie C. Allen, dated Jan. 4, 1950, recorded with said Registry of'Deeds, Book 738, Page 532; and being the same premises conveyed to us by Mary E. Dugan by Heed recorded in Book 774, Page 491. kmbmzk A�� A�St�R�C 39itnf5s........Qur......hands and seals this...eighte@Ot day of.......D.eC.PO.sr..............19...52 .................................................................................. / ........ ✓ r; .................................................................................. ................................................................... ............ tu4r.(ITnmmunwealt4;of Masstt kvi 2rts Es s ex,. ss December 18, 19 52 Then personally appeared the above named William L. Templer, Jr. and acknowledged the foregoing instrument to be his free act and deed,bcfor _.................... 1._. . . .�,. .... ._...... _. C� 1 Nbtuy Public= Harry D. Linscott x 4 Y• ': ..: ..• y"•.•... may.....::•�` - 0 Lin Barnstable, ss., Received December 19, 1952, and is recorded. I, LOUIS A. BYRNE of Dennis (Dennisport), Barnstable County, Massachusetts, being married, for consideration paid, grant to HYANNIS CONTRACTING CO., INC., a corporation duly organized under the laws of the Commonwealth of Massachusetts t and having its prin- cipal place of business at Dennis (Dennisportl, Barnstable County, Massachusetts, with QUITCLAIM COVENANTS, the land in Barnstable (Hyannisport), Barnstable County, Massachusetts, bounded and de- scribed as follows: Southerly by Beach Street as shown on a plan hereinafter referred to, Forty-Nine (49) feet; Southwesterly by a curved line forming the intersection of Beach Street and Fifth Avenue as shown on said plan, Sixty (60) feet; Westerly by Fifth Avenue as shown on said plan, Forty-Five (45) feet; Northwesterly by a curved line which is the Southeasterly side- line of Fifth Avenue, shown on said plan, Forty-Six (46) feet; - Northerly by land of the Grantor, Fifty-Four (54) feet; and Easterly by Lot 301, Block H on said plan, One Hundred Five (105) feet. i Said premises are shown as LOTS 303 and 305, BLOCK H on a plan entitled, "Plan of Seaside Park at Hyannis Port, Mass. owned i by the Seaside Park Association, Boston, Mass. August 1893 Scale i 100 feet to an inch Fred 0. Smith, C.E.T', which said plan is duly recorded in the Barnstable County Registry of Deeds"in Plan Book 34, Page 23. Said premises are conveyed subject to an easement in favor of Cape & Vineyard Electric Company and New England Telephone and Tel - graph Company, dated December 30, 1949 and recorded in said Regis- try in Book 738, Page 304; also an easement to Barnstable Water Company dated March 18, 1950 and recorded in said Registry in Book 745, Page 67. Said premises are conveyed subject to all other easements and restrictions of record insofar as the same are in force and appli- cable. i i EXHIBIT 2 File number. 200225-11 I i UNREGISTERED LAND Afforn'ep: SCHULTZ LAW OFFICES,LLC' Deed Book 30959 ftee'162 ,Lender.- Plan Book 90 Toke-911 Lot(s) Owner: ALEXANDER&CYNTHIA SIVARTWOOD i REGISTERED LAND 1 Rqi,.Book Sheet Lot FS)..- Date: 2/28/2020 Certificate of Title Asspmvor's,Vap 116 Blk- Lot 67 1 Census Tract MORTGAGE INSPECTIONPLAN Scale:1,'1*"=*i0' 256 PARKER ROAD, OSTERVILLE, MA A.P 11.6-66. 100.00' A.P 116-67 - DR:° LLJ < PVD' DR1 ....... M DK C): A.P 166-132 0 1 STY LLJ P P 100.11, PARKER ROAD CER VF[CA TION TTM NIA IN BUILDING,FO UN DX1'I ON Olt DWELLING WAS IN CO NI P L'ANCE wiTI I T11 6 LOCAL ZONING UY LAWS IN EFFECT WHEN CONSTRUCI-ED(WITH RESPECT TO STRUCTURAL SETBACK REQUIREM ENTS ON I;Y)OR IS EXENI P.T FRONI VIOLATION FN FO RCEME.Nrl' ACT[ON ONI)t RJiASS.C ENERA C LAW"IDTLE VI 1,CHAP'I'ER:40A,S.ECrION'7. ................. ............ FLOOD'DETERMINATION BY SCALE, # 5001CO75THE DWEI,1_11�0 SHOW N,HERC'DOES NOT FALL WITHIN A SPECIAL FLOOD HAZARD ZONE SMLINEA'rED.ONA1vlAPZii-C�MMUN�ffy 7J AS*70NEX DATED 07/16/2014 By THE NATIONAL F1-006 INSURANCE PROGRAM. o\5"OF MA GARY S ' Olde Stone Plot Plan-Service, LL;c. LABR JE S. E P.O. Box 1166- L) .N' 0.4003g (0 Lakeville;MA: '02347-. Tel:(800) 993-3302 v Fax: (800) 993-,3304 PLEASE-NOTE: This inspection is-not theyesult.of an instrument survey::The-struct resas shown are approximate only. An instrument'survey Would be requir6d for an accurate determination of.building locations,encroachments;property line dimensions,fences and lot configuration and may reflect different.information',than shown here. Theland as shown is.baseci on client fum;Ls hed information only or assessors map occupation and may be.subject to further out-sb les,takings,-easements and rights;of way. No responsibility is extended to the landowner or surveyor;ofoccupant. This.is merely 6 ffortgage inspection and is not be be recorded. f EXHIBIT 3 800K330,2P4GE 034 15248 { We, JAMES E. 14UM E and STATE STREET BANK AND TRUST COMPANY, as EXECUTORS If under the WILL of— FRANCIS P. MUTRIE (See Norfolk Probate No. 77F17, ) and as Trustees under Indenture of Trust of said Francis P. MUTRIE dated June 4, 1954 I power conferred by said Will and Indenture And as partial distribution of the L shares provided for the grantees(named below)in said Will and Indenture, and by 0 o mat every other power, 10 $P1tx l3wiCc 11 "grantdto RICHARD D. MUTRIE of South Natick, Massachusetts, and MARY MaCBEY of Wellesley, Massachusetts, as tenants in common do U) the land in Osterville, Barnstable County, Massachusetts, together with the buildings -H 41k a x thereon, situated on the Easterly side of Parker Road, and being shown on "Plan of k m land in Osterville, Mass. Belonging to Minnie C. Allen, Scale 1" 40, Nov. 18, 190, V, y Hearse & Kellogg, Civil Engineers, Centerville, Mass." duly recorded with Barnstable A County-Registry of Deeds in Plan Book 90, Page 91, bounded and described as follows: ".N Beginning at a cement bound in the FlASTERLY line of Parker Road, it being the m +� Southwesterly corner of the premises to be conveyed and the Northwesterly corner u .4 of land now or formerly of WO..cott Ames, as shown on said plan; a tnence running NORTH 80 59' 50" WEST in the East line of Parker Road,one hundred and 11/100 (100.11).feet to the intersection of the East line of Parker Road and the south line of Second Avenue; rn thence turning and running NORTH 810 00' 10" EAST, in the South line of Second y Avenue, one hundred twenty-two and 93/100 (122.93) feet to an iron pipe for a corner; $v thence turning and running SOUTH 8' 59' 50" EAST, by land now or formerly of b Minnie C. Allen, one hundred and 00/100 (100) feet to a point for a corner; e thence turning and running SOUTH 80' 56' 30" WEST, by land now or formerly of m Walcott Ames, one hundred twenty-two and 46/100 (122.46) feet to bound first y mentioned and point of beginning; 'pJ containing 12,270 square feet, more or less. Being the same premises conveyed to said Francis P. Mutrie,by William L. o Templer, Jr, et ux by Deed dated December 18, 1952 and recorded with Barnstable County Registry of Deeds, Book 830, Page 217. i The basis for this Leed being a distribution to the—grantees— in accord i4ith provisions in their behalf in said Will and Indenture, no documentary stamps are affixed hereto. IN WITNESS WHEREOF said JAMES E. MUTRIE has hereunto set his hand and seal and said STATE STREET BANK AND TRUST C014PANY has caused its corporate seal to be affixed hereto and these presents to be signed, executed and delivered in its name and behalf by . H. W. Stoddart, Jr, its Vice President thereunto duly authorized this 18th day of November, 1980.1W. { -............ .......................................t9,...... i - ...................................................................................... ...STA-TS-SIREELBANK. :.lP1111 T..1A 9NX...... BY ...................................................................................... .. ... , };�.. •B da ;' "t�'I�•• 'dent Executors and tru a as uZ�7 �nttttuattittett[if� of igr�lrarnx �;r;, Y.'? Suffolk County ss. November 18, 19 80 ` Then personally appeared the above named H, W. Stoddart, Jr., Vice President and acknowledged the foregoing instrument to be his freeactand deed,before' '.,,Cc 0*0 :: .k2:�.....� � Nosy Pic ) ic BkYas. My commiuloc aplm,...March-26i.,t�9 RECORDED JUN 10 81 EXHIBIT 4 2'7106 800K 8 0 04 PA6E R8 MAaaACHUaaTTa QUITCLAIM DaaD SHORT FOAM (INDIVIDUAL) aal I, Richard D. Mutrie of South Natick, Massachusetts, County,Massachusetts, being rnmiarried, �mAORsfeEpce�iCao�pejebcxoolcitofrellXxs>Buks�akiAt¢Rk /�v grant to JOAN14E C. MUTRIE of South Natick, Massachusetts, and MARY MACBtY of Welle0 ey, Massachusett$, are tenants in common ! i of (f Ao� ,.1'iu7 NA,4(,X, lv A o/74 U with qutttlaim touenante thelandin Osterville, Barnstable County, Massachusetts, together with the buildings thereon, situated on the Easterly side of Pfarkar Road, and being shown on "Plan of land (Desalpdoo and encumbrances,If on lin Osterville, Mass. Belonging to Minnie C. Allen, Scale 111 40' Nov. 18, 1949, Bearse & Kellogg, Civil Engineers, Centerville, Mass." duly recorded with Barnstable County Registry of Deeds in Plan Book 90, Page 91, bounded and described as followsl Beginning at a cement bound in the EASTERLY line of Parker Road, it being the Southwesterly corner of the premises to be conveyed and the Northwesterly corner of land now or formerly of Walcott Ames; as shown on said plant t thence running NORTH 8 5915011 WEST in the East line of Parker Road, one hundred and 11/100 (100.11) feet to the intersection of the East line of Parker Road and the south line of Second Avenue; thence turning and running NORTH 81 00'1011 EAST, in the South line of Second Avenue, one hundred twenty-two and 93/100 (122.93) feet to an iron pipe for a corner; thence turning and running SOUTH 8 59150" EAST, by land now or formerly of Minnie C. Allen, one hundred and 00/100 (100) feet to a point for a corner; thence turning and running SOUTH 80 561130" WEST, by land now or formerly of Walcott Ames, one hundred twenty-two and 46/100 (122.46) feet to bound first mentioned and point of beginning; containing 12,270 square feet, more or less. Being the same premises conveyed to Francis P. Mutrie by William L. Templer., Jr. et ux by Deed dated December 18, 1952 and recorded with Barnstable County Registry of Deeds, Book 830, Page 217. c /3vu�' !3 3 t2nrad ..............hand and seal this......%Z... ..........day of.....t1.45•, .,�..............r19 ,/� ....................................... I 0..���/1,, ...................... Richard D. Mutrie ............................................................... ................,.......................................................... .............................................................. ...........................,............................................... 134t mnmmunlucaltll ni fittiamhu"M so. /yi.�r' s' 19> L Then personally appeared the above namedil.Q.a and acknowledged the foregoing instrument to be IF act an deed�+tt�yt?In i�t�'q{�'s, I ,/ a /. r s j tit ~•=-F ..l lQf�flN.... r.rk,, .Q Y rats ,.1 atl � • g My commission expires (*Individual—Joint Tenants—Tenants in Common.) CHAPTER 183 SEC.6 AS AMENDED BY CHAPTER 497 OF 1969 Every deed presented for record shall contain or have endorsed upon It the full name,residence and post ofGre address of the granted and a recital of the.amount of the full conslderstlon thereof In dollars or the nature of the other consideration therefor.If not delivered fora specific monnsry rum.The full consideration shall mean the tout price for the conveyance without deduction for any (lens or encumbrances assumed Iy the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with tlils section shall not agect the validity of any dad. No register of deeds shall accept a deed for recording unless It Is In compliance with the requlrementa of this section. REEOVED MAY 5 92 EXHIBIT 5 t. 17452 J QUITCLAIM DEED �j We, JOANNE C. MUTRIE and MARY MacBEY as Tenants in Common, of 6 Parsons Way, South Natick, Massachusetts 01760, for consideration paid;:and in.full consideration of$212,000.00 GRANT TO: KEITH A. BYERLY and ANNE D.KELLY, husband and wife, as TENANTS BY THE ENTIRETY, both of: 39 Prospect Street, Wellesley Hills,Norfolk County,Massachusetts 02181, �.s WITH QUITCLAIM COVENANTS, a certain parcel of land, together with the buildings thereon, situated at 256 Parker Road, Barnstable(Osterville), Barnstable County, Massachusetts 02655, as shown on the hereinafter mentioned plan, bounded and described as follows: Beginning at a cement bound in the EASTERLY line of Parker Road it ein t .b g:.,he Southwesterly comer of the premises to be conveyed and the Northwesterly corner;..ofland :now or formerly of Walcott Ames; thence running NORTH 8° 59'S0"West in the East line of Parker Road,.1.00.11 feet to the:intersection of the East line of Parker Road and the south line of Second Avenue a. thence turning and running NORTH 81° 00' 10" EAST, in the South line Hof Second Avenue, 122.93 feet to an iron pipe for a corner; thence turning and running SOUTH 8° 59' 50" EAST, by land now or formerly of Minnie C. Allen, 100 feet to a point for a corner; thence turning and running SOUTH 80° 56'30" WEST, by land now or formerly of Walcott Ames, 122.46 feet to the first mentioned bound and point of beginning. Containirig 12,270 square feet, more or less, as shown on a plan entitled; "Plan of Land in Osterville, Mass. Belonging to Minnie C. Allen, Scale; 1" = 40', Nov. 18, 1949, Bearse&Kellogg, Civil Engineers, Centerville, Mass.",which plan is duly recorded with the Barnstable County Registry of Deeds in Plan Book 90, Page 91. Coll M *rn 4k, x Z. �; � T m Cf i ':-I Cf3 O Z UJ w r_q ' r-- r_qi r� Lrl sb` = n n `s; mo For our title, see deed of Richard D. Mutrie to us dated May 5, 1992, and recorded with the Barnstable County Registry of Deeds in Book 8004, Page 018. WITNESS our hands and seals this_&day of March, 1997 10�e C. Miftrie 1 All,&A- Mary MacBe THE COMMONWEALTH OF MASSACHUSETTS NORFOLK, SS. March 4' , 1997 Then personally appeared the above-named Joanne C. Mutrie and.Miio acknowledged the foregoing instrument to be their free act and deed, begfor�e " Not blic O:•rt�y; }�tL:,.` My commission expires: GORDON, Y. I �;t _ *N U��� My Comnisslon txp:res J���a�ry 8, r Ic/ BARNSTABLE REGISTRY OF DEEDS EXHIBIT 8 AFFIDAVIT Now come DANIEL C. DABBELT and MARY JANE KENNEDY and on oath, depose and state the following: 1. We reside at 93 Mount Vernon Street, Unit 1, Boston, Massachuetts. 2. This Affidavit is made with respect to the real estate located at 256 Parker Road, in the village of Osterville, Town of Barnstable, Barnstable County Massachusetts, ("Premises"). 3. We have personal knowledge of the statements made herein. 4. We purchased the Premises in June of 2001, from Peter and Pamela S. Callahan. A copy of the deed is attached hereto as Exhibit 1. 5. The Premises contained two (2) structures, a main house, labeled #256A and a small cottage in the southeast portion of the Premises, labeled#256B, as depicted on the Mortgage Inspection Plan attached as Exhibit 2. 6. In August, 2011, we conveyed the Premises to ourselves; as Trustees of the Dabbelt Kennedy Family Trust. A copy of that deed is attached hereto as Exhibit 3. 7. In August, 2017, we conveyed the Premises to 256 Parker Road LLC, a Massachusetts limited company limited. We are the sole managers of that company. A copy of that deed is attached hereto as Exhibit 4. 8. During the period of our ownership; the Premises was used primarily as a summer home, but was rented periodically to third parties 9. At all times from 2001 to the present, there has always a full kitchen in the cottage, including stove. Signed under the pains and penalties, this day of March, 2020. Daniel C. Dabbelt Mary Jane Kennedy 1 EXHIBIT 1 Sk 13939 Pg2 042274 06-15-2001 0 10t29& �finu�x all pen hV t4Eeije f r.ezent$ Itl(at We, PETER CALLAHAN and PAMELA S. CALLAHAN, husband and wife, tenants by the entirety, both of 52 Simon Willard Road, Concord, MA 01742, ONE for the full consideration of FOUR HUNDRED EIGHTY— S THOUSAND ($48$pP(P0.00) DOLLARS herebygrant' unto 7)(� WICL C . -jRQgeLT AND MAA� i-A&I-s- kt?..v&e �-� uS�An1Q r4 W(Fs / r.NA015 Q� '7AE 61VTtAe7-� 4 with quitclaim covenants, a certain parcel of land, together with the buildings thereon, situated at 256 Parker Road, Barnstable (Osterville) Barnstable County, Massachusetts 02655, as shown on the hereinafter mentioned plan, bounded and described as follows: Beginning at a cement bound in the EASTERLY line of Parker Road, it being the Southwesterly corner of the premises to be conveyed and the Northwesterly corner of land now or formerly of Walcott Ames; Q) thence running NORTH 8 degrees 59' 50" West in the East line a of Parker Road, 100.11 feet to the intersection of the East line of 0 Parker Road and the south line of Second Avenue; m thence turning and running NORTH 81 degrees 00' 10" EAST, in the 00 South line of Second Avenue, 122.93 feet to an iron pipe for a corner; � thence turning and running SOUTH 8 degrees 59' 50" FAST, by land 14 now or formerly of Minnie C. Allen, 100 feet to a pointer for a corner; thence turning the running SOUTH 80 degrees 56' 30" WEST, by land �D now or formerly of Walcott Ames, 122.46 feet to the first mentioned N bound and point of beginning. m Containing 12,270 square feet, more or less, as shown on a plan entitled, "Plan of Land in Osterville, MA belonging to Minnie C. Allen, Scale: 1" = 40' , Nov. 18, 1949, Bearse & Kellogg, Civil Engineers, Cen- rd terville, MAII, which plan is duly recorded with the Barnstable County 0 Registry of Deeds in Plan Book 90, Page 91. For our title, see deed of Keith Byerly and Anne D. Kelly, to us N dated 9/1/99, recorded with Barnstable County Registry of Deeds in a Book 12529 Page 235. 0 N w Witness our hands andseals this rJ day of J A)4 A,DXO .2001 PETER CAGLAHAN (gommontaeatth of'Vassach $Otis. Barnstable ss. 1,71' xg 2001� PAMELA S. CALLAHAN Then personally appeared the above named l/ PETER and PAMELA S. CALLAHAN %- > a�and aekno ged the foregoing instrument to be. RE(3E6DS10 a Ntheir r,,act and deed, before e. F�EG 1 0 o o a c� � SAi�NS LE Richard. L. Curley Notary ublic. � My commission expires : 11130/01 06/15/01 10t28AM 01 z 41 z ?�S `�`-,' V '" Z:; 000000 g4974 o f �0 c> Q o s <c H L) �-1 ^ThB1.E REGISTRY OF DEEDS FEE $1645.02 GASH $1645_02 i EXHIBIT 2 I File number: 200225-11 I UNREGISTERED LAND Attori a p: SCHULTZ LAW OFFICES,LLC' j Deed Book 30959 pane,162 Lender: Plan Book 90 Po 'e 91 Lot(s) Owner: ALEXANDER&CYNTHIA SNIARTWOOD j REGISTERED LAND Rem.Book Sheet Lot(s): Date: 2/28/2020 3 Certi rcale of Title Assessor'§MoD 116 B/k: Lot 67 !-Cen"rrs Tract MORTGAGE INSPECTIONPLAN Scale:��"=30' 256 PARKER ROAD, OSTERVILLE, MA A.P 116-66. .� 100.00' A.P 116-67 LIJ Z ##2546B U.1.. e Q P VD DR'. DK N A.P 166-132 01 z N O N i= !=Yjl r. ,Y W �. (#256A. P M Y P 100.11' P ARK E R ROAD CERTIFICATION IIIE"MAIN IIUILDINC,FOUNDATION Olt DWELLING WAS IN COMPLIANCE-WITII III E-LOCAL ZONING BYLAWS IN EFFECT WHEN CONSTRUCTED(WITH RESPECT TO STRUCPURAL.SETDACK REQUIRE61ENTS'ONLY)Olt IS EXEMI!T FROM VIOLATION F,NFORCEMENT ACTION,Ui 1DER AIASS.GENERAL LAW'17'I`LE VII,CHAPT'ER:AOA,SECTION*7. FLOOD'DETERMINATION BY SCALE:THE DWE4LINQ SHOWN.IICRE'DOES NOT FALL WITHIN ASPECIAL FLOQD HAZARD ZONE AS DELINEATED ON A MAP 01z-COMMUNITY #25001C07.57J ASZONGX DATED07/162014 6YTIi8NATIONALPI-OODINSURANCCPROORAM, SNOF,ygssq GARY S. m M r OIde Stone Plot Plan Service, LLC. o LABRIE ' P.O. Box 1I 66. " No,aoas9 ti Lakeville;MA 02347 9oF� 1 P Tel:(800)993 3302: Fax:(800) 993=3304 PLEASE NOTE: This inspection is'not theyesult of an instrument survey.The-structures as shown are approximate only. Ail instrument'survey Would be required for an accurate determination of.b6ilding locations,encroachments,property line dimensions,fences and lot configuration and may reflect different information,than shown --vn is.based on client furnished information only or assessor's map& occupation and may besubject to further out-sales,.ts and rights:of way. No responsibility is extended to the landovineror surveyor;or occupant. This.is merely a mortgage insi - ire be recorded. f I i L EXHIBIT 3 E._k 25610 Ps 63 �39672 08-09-2011 a 09 : 07u QUITCLAIM DEED We, Mary Jane Kennedy and Daniel C.Dabbelt as husband and wife,as tenants by the entirety,of 86 Country Drive,Weston,Middlesex County,Massachusetts FOR CONSIDERATION PAID and in full consideration of One Dollar($1.00) GRANT TO Mary Jane Kennedy and Daniel Charles Dabbelt as Trustees of the Dabbelt Kennedy Family Trust with an address of 86 Country Drive,Weston,Middlesex County, Massachusetts,under Declaration of Trust dated July 12,2011 WITH QUITCLAIM COVENANTS A certain parcel of land,together with the buildings thereon,situated at 256 Parker Road, Barnstable(Osterville)Barnstable County,Massachusetts 02655,as shown on the herineafter mentioned plan,bounded and described as follows: Beginning at a cement bound in the EASTERLY line of Parker Road,it being the Southwesterly corner of the premises to be conveyed and the Northwesterly corner of land now or formerly of Walcott Ames; Thence running NORTH 8 degrees 59' 50"West in the East line of Parker Road, 100.11 feet to the intersection of the East line of Parker Road and the south line of Second Avenue; Thence turning and panning NORTH 81 degrees 00' 10"EAST, in the South line of Second Avenue, 122.93 feet to an iron pipe for a corner; Thence turning and running SOUTH 8 degrees 59' 50"EAST,by land now or formerly of Minnie C.Allen, 100 feet to a pointer for a corner; Thence turning and running SOUTH 80 degrees 56' 30"WEST,by land now or formerly of Walcott Ames, 122.46 feet tot the first mentioned bound and point of beginning. Containing 12,270 square feet,more or less,as shown on a plan entitled,"Plan of Land in Osterville,MA belonging to Minnie C.Allen, Scale: 1"=40',November 18,1949,Bearse& Kellogg,Civil Engineers,Centerville,MA",which plan is duly recorded with the Barnstable County Registry of Deeds in Plan Book 90,Page 91. For title see deed from Peter Callahan and Pamela S.Callahan to Daniel C.Dabbelt and Mary Jane Kennedy,dated 6/15/2001 and recorded with Barnstable County Registry of Deeds in Book 13939,Page 2. Property Address:256 Parker Road,Osterville,Massachusetts- r Bk 25610 Pg 69 #39672 Witness our hands and seal(s)this day of ,2011. Mary Jane enned Daniel C. Dabblet COMMONWEALTH OF MASSACHUSETTS Middlesex County, ss. On this day of ��� ,2011,before me,the undersigned notary public, personally appeared Mdry Jane Kennedy and Daniel C. Dabbelt,proved to me through satisfactory evidence of identification,which was/were Massachusetts driver's license(s)or be the persons)whose name(s)is/are signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. Notary blic: My Commission Expires: OFFICIAL SEAL JEFFREY M, ROSOFF NOTARY PUBLIC COMMONWEALTH OF MAMALNWETTS My Comm,EXPIM July 16,2016 i BARNSTABLE REGISTRY OF DEEDS EXHIBIT 4 r Bk 30959 Pg162 #63401 12-13-2017 @ 10 : 21a QUITCLAIM DEED We, Daniel Charles Dabbelt and Mary Jane Kennedy, Trustees of the Dabbelt Kennedy Family Trust under Declaration of Trust dated July 12,2011,both having an address of 93 Mount Vernon Street, Unit 1, Boston, Massachusetts, 02108 (the "Grantors"), in full consideration of less than Ln One Hundred and 00/100 U.S. Dollars ($100.00), GRANT TO 256 Parker Road LLC, a Massachusetts limited liability company, having a mailing address of 93 Mount Vernon Street, c Unit 1,Boston,Massachusetts, 02108 (the"Grantee"), WITH QUITCLAIM COVENANTS, A certain parcel of land, together with the buildings thereon, situated at 256 Parker Road, CABarnstable (Osterville), Barnstable County, Massachusetts 02655, as shown on the hereinafter mentioned plan,bounded and described as follows:. Beginning at a cement bound in the EASTERLY line of Parker Road, it being the Southwesterly corner of the premises to be conveyed and the Northwesterly corner of land now a or formerly of Walcott Ames; �o N Thence running NORTH 8 degrees 59' 50" West in the East line of Parker Road, 100.11 CIO feet to the intersection of the East line of Parker Road and the south line of Second Avenue; b Thence turning and running NORTH 81 degrees 00' 10"EAST,in the South line of Second Avenue, 122.93 feet to an iron pipe for a comer; a aThence turning and running SOUTH 8 degrees 59' 50"EAST,by land now or formerly of Minnie C. Allen, 100 feet to a pointer for a corner; Thence turning and running SOUTH 80 degrees 56' 3 0" WEST, by land now or formerly of Walcott Ames, 122.46 feet to the first mentioned bound and point of beginning. Containing 12,270 square feet,more or less,as shown on a plan entitled,"Plan of Land in Osterville, MA belonging to Minnie C; Allen, Scale: V = 40', November 18,1949, Bearse & Kellogg, Civil Engineers, Centerville, MA", which plan is duly recorded with the Barnstable County Registry of Deeds in Plan Book 90,Page 91. Prepared by: Bartlett P.C. 155 Federal Street,Suite 402 Boston,MA 02110 Quitclaim Deed Page 1 of 2 I Bk 30959 Pg163 #63401 For Cnwtors'title see Deed dated August 5,2011,and recorded with Barnstable County Registry of Deeds in Book 25610,Page 68. We,the Grantors named herein,do hereby voluntarily release any and all our rights of homestead in said premises as set forth in M.G.L. Chapter 188, if any,and certify that that the premises is not the principal residence of either Grantor and that there are no other persons entitled to protection of the homestead act in connection with said premises. Executed as a sealed instrument as of th®2dday of October,2017. Daniel Charles Dabbelt,Trustee of the Dabbelt Kennedy Family Trust o1Jab y,Trustee f the T Dab ennedy F ' y Trust COMMONWEALTH OF MASSACHUSETTS On this 22 day of October, 2017, before me, the undersigned notary public,personally appeared Daniel Charles Dabbelt, as Trustee of the Dabbelt Kennedy Family Trust, who proved to me through satisfactory evidence of identification, which was to be the individual whose name is signed on the preceding document and acknowledged to me that said Daniel Charles Dab signed it voluntarily for its stated purpose. EDWARO�J8AFRuDLitEoTT, JR. Notary Publi COMMOtNPEWN OF MAS&M ISETIS My commission expires: My commisslon Explras Jarruaq 25, 2024 COMMONWEALTH OF MASSACHUSETTS On this atday of October,2017, before me,the undersigned notary public, personally appeared Mary Jane Kennedy, as Trustee of the Dabbelt Kennedy Family Trust, who proved to me through satisfactory evidence of identification, which was ommatIll n ,to be the individual whose name is signed on the preceding do ument andicknowledged to me that said Mary Jane si it voluntarily for its stied EDWARD J. BARTLETT, JR. + Kolary Public Notary Publi �M OF HASSACr USErrs M commission My Commisslon Expires y expires: p'b�2t� Jan 25, 2024 Qukdann Dead Page 2 of 2 Kqwdy • I JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED 6 RECORDED ELECTRONICALLY 1 `eft"Er°w,, Town of Barnstable Inspectional Services rSAMSTABLE. Brian Florence,CBO Building Commissioner IFD M a 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us INSPECTION REPORT Address : 1000 MAIN ST./RTE 6A(W.BARN.), WEST Case # C-19-185 BARNSTABLE Inspection Type : Violation Inspector: lauzonj Description Date Unit Status Comment Violation 12/02/2020 FAIL Building has three different distinct spaces. Two complete dwelling units and one appears to be mid transformation into a dwelling unit.All three spaces have locking doors separating the spaces. Each space has access to two exits. The space not completely a dwelling unit has plumbing for a sink(No sink installed)and a dedicated plug for a stove. Numerous boats stored behind the barn. I I ' Anderson, Robin From: Florence, Brian Sent: Tuesday, February 11, 2020 3:55 PM To: Nober, Karen Cc: Anderson, Robin Subject: 1000 Main Street_ Peter Eastman Attachments: eastman.pdf Hi Karen, As discussed,the application for 1000 Main Street's rental registration renewal is attached. The application requires a zoning review and approval prior to issuance. However,the property is under a zoning enforcement order for the creation of a multi-family dwelling and operating an illegal boat storage facility. It should be noted that the property is subject to a special permit which allowed: 1. 1 dwelling unit 2. 1 office space 3. A boat building/ repair/restoration business in a detached garage 4. The sale of 1 boat at a time ` The current owner: 1. Constructed 3 dwelling units 2. Abandoned the office space 3. Isn't really operating the boat business but is; 4. Storing large numbers of boats on the property for a fee Mr. Eastman has eluded enforcement for 2%: years by hiring and firing attorneys....We had finally had enough and filed a court action. That is when he hired Attorney Chuck Sabatt who appears to be diligently pursuing zoning relief. He is scheduled to appear before the ZBA in April. As we discussed, I am loathe to deny the rental registration approval because we would in effect be forcing the owner into a health code violation and my concern is the perception of"heaping violations on" Mr. Eastman. I recommend a conditional approval for 90 days pending the ZBA hearing in April, that would allow for a decision and the 20 day appeals process to expire. The conditional approval could be extended after 90 days for cause if the ZBA(not Eastman) needs time. Thanks for everything, please advise. -Brian 1 C- 14 - 18S C 1q- 165 F Charles M. Sabat-t PC Attorney At Law 540 Main Street Suite 8 Telephone Hyannis, MA 026oi Facsimile .5o8-775-5050 5o8-778-4600 i December 11., 2019. I Mr. Brian Florence Building Commissioner—Town of Barnstable 200 Main Street Hyannis, MA 02601 RE: 1000 Main LLC — 1000 Main Street, West Barnstable,.MA Dear Mr. Florence: This letter will confirm that I will be representing 1000 Main.LLC, Peter Eastman, Manager with respect to the pending cease and desist order of June 2018 and with regard to the LLC's application for relief pending before the Barnstable Zoning Board of Appeals. The matter before the Board is scheduled for"hearing tonight at which time I will be requesting a continuance of the matter to enable me to further investigate options for resolving the issues, review the prospect of supplementing the current petition with filing for additional or alternative relief, including but not limited to a petition filed under the so- called local residential amnesty ordinance:. I hope to meet with you further to discuss the matter and to review any viable alternatives. Please contact me with any questions. Thank you very much for your attention to this matter and your,courtesy. Sincerely, Charles M. Sabatt CC: Peter Eastman � - �� - � �s Charles M. Sabatt PC Attorney At Law 540 Main Street — Suite 8 Telephone Hyannis, MA 026o1 Facsimile 5o8-775-5050 5o8-778-4600 December 11, 2019 0 0 CDP Mr. Brian Florence A Building Commissioner—Town of Barnstable 200 Main Street a Hyannis, MA 02601 �".� RE: 1000 Main LLC —1000 Main Street, West_Barnstable, MA m Dear Mr. Florence: This letter will confirm that I will be representing 1000 Main LLC, Peter Eastman, Manager with respect to the pending cease and desist order of June 2018 and with regard to the LLC's application for relief pending before the Barnstable Zoning Board of Appeals. The matter before the Board is scheduled for hearing tonight at which time I will be requesting a continuance of the matter to enable me to further investigate options for resolving the issues, review the prospect of supplementing the current petition with filing for additional or alternative relief, including but not limited to a petition filed under the so- called local residential amnesty ordinance. I hope to meet with you further to discuss the matter and to review any viable alternatives. Please contact me with any questions. Thank you very much for your attention to this matter and your courtesy. Sincerely, Charles M.. Sabatt CC: Peter Eastman I ' Anderson, Robin From: peastman@aol.com j Sent: Thursday, July 25, 2019 3:50 PM To: Florence, Brian; Anderson, Robin Cc: tltaylorlaw@verizon.net Subject: 1000 Main Street-West Barnstable Good Afternoon, Brian and Robin, I am in receipt of your correspondence dated 7/19/2019. 1 received it on 7/25/2019. Following our last meeting we had some surveying done on the property and began the process of coming up with a solution for this issue. I had planned to revisit this situation with Brian this summer and had done some work in that direction. If you would be kind enough to do us the favor of not filing with the court at this time we will seek relief with the Zoning Board of Appeals immediately. If you would like to meet in order to discuss the situation, and what I had hoped to propose in the way of a remedy, I would certainly be grateful for the opportunity to meet. Please let me know that you've received this email and also if you would be amenable to meeting. Sincerely, Peter C. Eastman 1000 Main, LLC CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! i Town of Barnstable Regulatory Services Richard V. Scali,Director BARNSTABM t Building Division BARNSTABLE. 1639. Paul K. Roma ,g,9_=0 �IED"` p Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 June 6, 2017 1.000 Main Street LLC P.O. Box 125 Barnstable, MA 02630 Re: 1000.Main St., West Barnstable Dear'Sir, This letter is in response to a complaint about the above referenced address. An advertisement from MLS states that there are three apartments and a boat repair business associated with this property. Please be advised that the apartments are not registered with the Health Department as rental units and that the boat repair/storage business was abandoned in 2008. Please be further advised that these inaccuracies need to be corrected in current and future advertisements for this property. If you have any questions, please do not hesitate to contact this office. Sincerely, P� Vaul Roma Building Commissioner =Nancy R. Trafton $uyer Brokers'of Cape Cod .923:Route 6A Yarmouth Port, MA 02675 Peter Sundelin, Esq 999 Main Street 'P.O'.Box 771 :West Barnstable, MA 02668 r Owner: 1000 Main ST LLC—Peter Eastman Property: 1000 Main St,W Barnstable Violation: 1000 Main ST LLC/Peter Eastman established an un-permitted mixed use in a split zone under the jurisdiction of the West Barnstable Village Business District(WBVD) and the Residential F single-family residential zones. Currently, there are three residential rental units contained in a single structure in addition to the operation a boat repair and storage yard on the same lot. Mr. Eastman was properly notified of the violations and the appropriate remedies available to him. In fact, Mr. Eastman subsequently he paid the two non-criminal citations issued and chose to seek zoning relief with the Board of Appeals. In August 2018, he obtained the necessary site plan approval however, he never filed the required zoning board application and plan. Currently, Mr. Eastman/1000 Main St. LLC continues to operate the mixed use described above and no measures have been taken to mitigate, correct the violations cited or obtain the zoning relief in accordance with the site plan review approval. F i Date: Jan. 11, 2018 To: Building File RE: Complaint: Boat Storage/Multi-family Use Address: 1000 Main St, WB R179-002 Originator: Nancy Trafton Contact: 508-280-6458 Complaint: Property owner is using yard for boat storage also using SF home as a multi-family rental. This is a continuation of a previous complaint. Property owner was intending to file an appeal with the ZBA claiming non-conforming rights to both uses. A filing was presented to Town Clerk's office and Legal was copied but the "appeal"was never formally or properly filed with the ZBA(no application, no fee, and no plan). Attorney Taylor was made aware of this by Brian last fall. Enforcement Process Steps 1. Initiate local investigation Yes 2. Document/enter into system Yes 3. Contact On file 4. Contact Yes—with owner& owner's attorney 5. Seek access to subject property 6. Seek administrative warrant (if necessary) 7. Notify state authorities of findings 8. Document conclusion 9. Complaint Status Open Action Date:01/11/2018 1. Brian emailed property owner's attorney,Tracey Taylor on 1/11/18. 2. RA advised Ms.Trafton that BC was seeking an update on appeal status via email to attorney. 3. If appeals are not properly filed by Fri. 1/19/18 citations shall be issued. Action Date: 01/23/2018 Issued Citations: 01/23/18 81604 Boat storage$100.00 81603 Multi-family$100.00 01/25/2018 Mr. Eastman contacted Building Commissioner via email. BC advised of a 21 day stay to appeal tickets or file with zoning board. Email attached. Subsequent tickets may be issued on 2/14/18. 02/12/2018 Mr. Eastman came in and paid both citations. He submitted a written request for extension to stay enforcement until his attorney, Ron Janssen can file his appeal. 08/22/2018 Applicant was issued a Site Plan Review approval letter as required in order to appear before the Board of Appeals. Date: August 22, 2017 To: Building File From: Robin C. Anderson, ZEO Re: Response to Appeal of Cease & Desist Order Location: 1000 Main Street, W. Barnstable M&P R179-002 Zone: WBVBD/RF Answers in response to points identified in Notice of Appeal of Cease& Desist Order filed with Town Clerk on August 21, 2017. 1. The multi-family home is pre-existing non-conforming. a. The original multi family use was established in the 1930's. (See SP 1987- 35). 2. The pre-existing nonconforming use was never discontinued or abandoned. a. The application for SP 1987-35 identifies Mr. Birdsie's intent to "renovate" the residential structure resulting in an apartment on the 2nd floor & an adoption office on the first floor. (See present&proposed use section on the application sheet for SP 1987-35) b. The street file contains references to the use of an office on the first floor for the purposes of an adoption agency operated by the applicant's wife. 3. There is no violation with regards to the maintenance and storage of boats. a. Currently, the rear yard contains multiple shrink wrapped boats in violation of the SP 1987-35. This permit limits the outdoor display to one boat which is associated with the prior occupant's boat building/repair business. b. Notes from former Health Inspector Cynthia Martin, dated Oct 21, 2008 indicate that the boat building and haz mat uses were discontinued based upon a direct conversation she had with the property owner, Mr. Birsdie. Her assessment was also supported by a distinct lack of hazardous materials found on site during that inspection. Subsequently, Health ceased their annual haz mat inspections. 4. Boat maintenance and storage is allowed by Special Permit 1987-35. a. SP 1987-35 limits the storage of boats to one on display. b. The SP does not allow the mass storage of boats on site. c. Mr. Birdsie discontinued the boat building/repair uses in 2008.(See Health memo to file 2008) I 5. The Special Permit was recorded in Book 5757 Page 266. a. The SP was in fact recorded on June 4, 1987 in Book 5 75 7 Page 266. 6. The Special Permit was not discontinued or abandoned. a. The nonconforming rights to a multi family were abandoned when Mr. Birdsey reconfigured the residential structure in 1987 to be one (two)' bedroom dwelling unit on the 2"d floor and one (adoption) office on the I" floor. b. The established boat building/restoration/maintenance uses were noted to be abandoned in 2008 by a Health inspector. c. No subsequent evidence was submitted to dispute that finding by Health. d. No application to change, intensify or re-establish any aforementioned use is on file. e. Building's street file contains letters from abutters that include some history about the property. The information submitted disputes the notation that the nonconforming uses and conditions of the special permit had continued unabated. r 240-20 West Barnstable Village District Principal permitted uses do not include multi family or boat storage and repair. 240-20 (6) Nonconforming use limitations Changing from one NC use to another is prohibited notwithstanding the provisions of 240-94A. A nonconforming use is permitted to change to principal permitted as of right or to use permitted by special permit in that district. The adoption office was opened and operable for a number of years at this location on the first floor. I Date: Jan. 11, 2018 To: Building File RE: Complaint: Boat Storage/Multi-family Use Address: 1000 Main St, WB R179-002 Originator: Nancy Trafton Contact: 508-280-6458 Complaint: Property owner is using yard for boat storage also using SF home as a multi-family rental. This is a continuation of a previous complaint. Property owner was intending to file an appeal with the ZBA claiming non-conforming rights to both uses. A filing was presented to Town Clerk's office and Legal was copied but the "appeal" was never formally or properly filed with the ZBA(no application, no fee, and no plan). Attorney Taylor was made aware of this by Brian last fall. Enforcement Process Steps 1. Initiate local investigation Yes 2. Document/enter into system Yes 3. Contact On file 4. Contact Yes—with owner& owner's attorney S. Seek access to subject property 6. Seek administrative warrant(if necessary) 7. Notify state authorities of findings 8. Document conclusion 9. Complaint Status Open Action Date:01/11/2018 1. Brian emailed property owner's attorney,Tracey Taylor on 1/11/18. 2. RA advised Ms.Trafton that BC was seeking an update on appeal status via email to attorney. 3. If appeals are not properly filed by Fri. 1/19/18 citations shall be issued. Action Date: 01/23/2018 Issued Citations: 01/23/18 81604 Boat storage$100.00 81603 Multi-family$100.00 01/25/2018 Mr. Eastman contacted Building Commissioner via email. BC advised of a 21 day stay to appeal tickets or file with zoning board. Email attached. Subsequent tickets may be issued on 2/14/18. 02/12/2018 Mr. Eastman came in and paid both citations. He submitted a written request for extension to stay enforcement until his attorney, Ron Janssen can file his appeal. r i own of tsarnstaDie Building Department Services F1HE� ti Building Division Jeff Lauzon,Acting Building Commissioner snwvsTaai e. : 200 Main Street,Hyannis,MA 02601 y Muss. i639• �0 ArED MAO�p Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: 1000 Main LLC, Peter Eastman, and all persons having notice of this order. As owner/occupant of the premises/structure located at 1000 Main St,W Barnstable, MA 02668 Map 179 Parcel 002,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,June 21, 2018 , to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: Special Permit 1987-35 Birdsey, Charles May 13, 1987 Dwelling units reduced to one on 2"d floor and one unit converted to an office Boat maintenance and repair use in barn including retail sales of associated supplies. Existing 2 car garage to be used for storage of vehicles. Approval Condition: No more than one boat on display. Current Zoning Chapter 240 Section 20 B(1)(a)-WB Village Business District 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: Operation of a multi-family home and boat storage/maintenance. Remedy: Immediately relocate all commercial activity (marine related uses) to a zoning appropriate commercial location. Must restore and reconfigure property to a single- family home. All necessary permits and inspections are required to close out complaint. And, if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced, further action as the law requires will be taken. By order, Brian Florence Building Commissioner Q/FORMS/viozonel 1000 Main LLC Peter Eastman PO Box 125 Barnstable, MA 02630 Q/FORMS/viozonel i own of tsarnstaDie Building Department Services FINE r Building Division Jeff Lauzon,Acting Building Commissioner * BARNSrABLE. » 200 Main Street,Hyannis,MA 02601 MASS. 039. Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: 1000 Main LLC, Peter Eastman, and all persons having notice of this order. As owner/occupant of the premises/structure located at 1000 Main St, W Barnstable, MA 02668 Map 179 Parcel 002,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,June 21, 2018 , to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: Special Permit 1987-35 Birdsey, Charles May 13, 1987 Dwelling units reduced to one on 2nd floor and one unit converted to an office Boat maintenance and repair use in barn including retail sales of associated supplies. Existing 2 car garage to be used for storage of vehicles. Approval Condition: No more than one boat on display. Current Zoning Chapter 240 Section 20 B(1)(a)-WB Village Business District 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: Operation of-a multi-family home and boat storage/maintenance. Remedy: Immediately relocate all commercial activity (marine related uses) to a zoning appropriate commercial location. Must restore and reconfigure property to a single- family home. All necessary permits and inspections are required to close out complaint. And, if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. By order, Brian Florence Building Commissioner Q/FORMS/viozonel 1000 Main LLC Peter Eastman PO Box 125 Barnstable, MA 02630 Q/FORMS/viozonel Town of Barnstable oFIHE T Building Department Services Brian Florence, CBO + BARNSIABLE, Building Commissioner MASS. BARNSTABI,E 9 �A1 sbgq. 200 Main Street Hyannis MA 02601 u 14 IN` www.town.barnstable.ma.us 55 Office: 508-862-4038 Fax: 508-790-6230 June 25, 2018 1000 Main LLC Peter Eastman P.O. Box 125 Barnstable, MA 02630 NOTICE OF ZONING VIOLATION Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: 1000 Main LLC, Peter Eastman, and all persons having notice of this order. As owner/occupant of the premises/structure located at 1000 Main St, W Barnstable, MA 02668 Map 179 Parcel 002, you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date, June 21, 2018, to: 1. CEASE AND DESIST IMMEDIATELY, all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: On June 25, 2018, I observed a violation of the Town of Barnstable Zoning Ordinances. Specifically a violation of Special Permit number 1987-35, issued to Charles Birdsey on May 13, 1897, was observed in that the special permit allowed a: 1. Single-family-dwelling with a business office 2. Boat repair and restoration use in the "barn" 3. Antique shop Currently on site and in violation of the Special Permit are: 1. Creation of a multi-family dwelling 2. The boat repair and restoration use has expanded to include boat storage on and off season Current Zoning: Chapter 240 Section 20 B (1) (a) - WB Village Business District 2. SUMMARY OF ACTION TO ABATE: Return property to the conditions permitted by the Zoning Board of Appeals in Special Permit number 1987-35 or seek zoning board relief for the current expanded use. i And, if aggrieved by this notice and order, you may file an appeal with the Town Clerk of Barnstable, specifying the ground thereof within thirty (30) days of the receipt of this order (in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If, at the expiration of the time allowed, action to abate this violation has not commenced, further action as the law requires will be taken. By order, Brian Florence Building Commissioner Town of Barnstable _ _- -- . . _ Building anxMMwe 'Post This Card So That it is Visible From the Street-Approved Plans Must be Retained on Job and this Card Must be Kept v� .l ,�� !Posted Until Final Inspection Has Been Made. �ern11� 2639. ° Where a Certificate of Occupancy is Required,such Building shall Not be Occupied until a Final Inspection has been made. m Permit No. B-18-3945 Applicant Name: Howard W Woollard Approvals Date Issued: 12/04/2018 Current Use: Structure Permit Type: Building-Alteration INTERIOR Work Only- Expiration Date: 06/04/2019 Foundation: Residential Map/Lot: 036-037 Zoning District: RF Sheathing: Location: 86 PUTNAM AVENUE,COTUIT Contractor Name: Howard W Woollard Framing: 1 Owner on Record: ZAIS,CAROL D&ADAM S TRS Contractor License: CS-015834 2 Address: 86 PUTNAM AVENUE Est. Project Cost: $30,000.00 Chimney: COTUIT, MA 02635 Permit Fee: $203.00 Description: Remove Linen Closet- Relocate Bathroom#3 Enlarge Bedroom. Insulation: Fee Paid: $203.00 Project Review Req: Date: 12/4/2018 Final: Plumbing/Gas �j 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. 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. Final Gas: All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the Electrical work until the completion of the same. Service: The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. Minimum of Five Call Inspections Required for All Construction Work: Rough: 1.Foundation or Footing 2.Sheathing Inspection Final: 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Low Voltage Rough: 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Low Voltage Final: 7.Final Inspection before Occupancy Health Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Final: Work shall not proceed until the Inspector has approved the various stages of construction. D "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire epartment Final: Building plans are to be available on site All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT PLF TOWN OF - BARNSTABLE Zoning Board of Appeals, ,P SEP 27 A M 9 06 Allan-C; Taylor . ._........._�..__.._..___._._._.._..._.._....__.._... _....-...._.._:__...__ Deed duly recorded in the _........_.-........_.._-..____...__ Property Owner County Registry of Deeds in Book James G. Kittredge pane Registry Petitioner District of the Land Court Certificate No. _.__._._._...... ... _.___.._ Book ....__ _ Page 1983-86 September 27, 83 AppealNo. ......«__ .._....__...._.._ _ ._ _.__ _...._._....._.._ _...._ .._ _...-_....._ 19 FACTS and DECISION Petitioner ___ James G. Kittredge _ ___-_ _ filed petition on ..._...AW9.W9 Z9.,_ 1983 requesting a d i e-permit for premises at _10.40.-Ma.in...S.tseet......._................ in the village (Street) of ......W.„Barnstable_.........................._._.._.., adjoining premises of ._..«......... (see attached list) Locus under consideration: Barnstable Assessor's Map no. _...128...-..------- _ lot no. 8 Petition for Special Permit: E] Application for Variance: ❑ made under Sec. of the Town of Barnstable Zoning by-laws and Sec. _.__ .._-. _... _-._ _ _••_ ._.._......_._..... __..._.._........_ Chapter 40A., Mass. Gen. Laws for the purpose of __...Maintenance and repair of small boats and also retail sale supplies related to same. Village Business B Locusis presently zoned in-._...._._._ _........_.____ ......«...................._....._.............................___ ._.._........_ ------ ._._........_ Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings 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 P.M 1983 , upon said petition under zoning by-laws. Present at the hearing were the following members: Fran•,•P.*.....C.Q;U.4.d..gx....r....Vice_ «I,uke_P..._•�al•1 --------- .......... Chairman Gail Nickerson He1e,�.�?j�,tanen At the conclusion of -ue hearing, the Board took said petition under advisement. A view of the locus was made by the Board. - 1983-86' Appeal No.__ ____-___ __ _ ___ Page - 2 _ _ of ? On ._ September 15 G _ _ 19 _, The Board of Appeals found James G. Kittedge petitions for a Special Permit to allow maintenance of small boats with retail sale of related supplies at 1040 Main Street, W. Barnstable in a Village Business B District. The petitioner has a-purchase and sale agreement with the current owner Mr. Allan Taylor to purchase house and barn with the express intent of being able to maintain and repair small. boats in the barn-. The building has in the past been used for antique sales and repairs = at present is now under lease to Maine Post& Beam Company. The petitioner has been doing this repair work as a . hobby, but it is becoming a full .time job, thus the petitioner would like to-devote more time to it and make it a small business. The front-of the barn would-.be set up as a small retail shop for sale ofpaint, nails, etc. , items. that would pertain to this type of operation. The area is well screened .from the Highway - natural screening on the sidelines - there is a stockade fence that is adjacent to the rear wall of the barn'- nothing will be visible from the road'.- reference is made to the Zoning By-law (L) E pertaining to the qreen strip - the petitioner is able to comply with all of these regulations, and there will be .no extensive alterations to the property. No one spoke in opposition to. the petition. Attorney Green spoke on behalf of his client Mr. ' & Mrs. Katon who are abutters to .the property . - they had no objection, but asked the Board to take under consideration that the screening be maintained, at present these abutters cannot see any of the commercial activity that transpires. The Board voted unanimously to approve the request for a Special Permit to allow the maintenance of small boats and retail sale of related supplies as it would not be a derogation of the by-laws. They do require, however, that the petitioner comply with the zoning laws with reference to L(E) - Village Business requires screening where it abutts a residential zoning - and futher require that the rear yard setback also be screened at that point (screening of three feet shall be provided and maintained). Limited to retail sale of supplies - no signs discussed. I, _�� a{?�___._�1� ?��✓ __ _ S S'��., 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 __ �... .. day of ...�_ �c.1.._..._._....._... 19�_..._..._..- under the pains and penalties of perjury. y^�_^� Distribution:— Property Owner _....._.. Town Clerk l;oard of Appeals - � Applicant Town of Barnstable Persons interested Building Inspector Public Information B?F Board of Appeals "�� Chairman �. APPE: N0. ......; �... » . ►taRNSTADLE. MASS. �YL s)9. ` M '83 AUG 29 PYO" OF BARNSTA,BLE PETITION FOR Special Permit UNDER THE ZONING BY-LAW To the Board of Appeals, y Date .....Aa ....2.9.*_...,1,.:v 7� »„�:3.„..» Town Hall Hyannis, MA 02601 The undersigned petitions the Board of Appeals to vary, in the manner and:,,for�.the reasons hereinafter set forth, the application of the provisions of the zoning by-law to the following described premises. James G. Kit•tr•edge. P.O.Bo�x 2679 West Barnstable.., MA 0:2668. Applicant: Jam.... » „.............................................................................................. ... ...„....».........».»....„..._.....»».. . ..... . Full Name) ............»»:.......dr ....... - (Winter Address) Owner: „.„..12,19 p!.S.a:....Tazlax............... (Full Name) (Winter Address) Prior Owner of record .....„..�.4�1�1,. . A... W..f�.ltT:(i1 a �1..................................„... . Tenant (if any) . ...:Bar TerK�nt,1....... r'k�,Xa.0:...I':S�a ... ... c�ln C.e..,...........s:ame „.. ..»..„. „(Full Name) (Winter Address) If Applicant other than Owner of property --state nature of interest Paa�ras a »ageem;entf parcel"A" ...........». ...... 1. Assessors map and lot,number ..........„..„NAP.... _1 Via......_]ot.». . »8„...... ....„......„„„.„... ..»...._.........„„„...„»..„..... »».»..:..»... 2. Location of Premises 104Q.....:.Main....Slra.e±.........�.R.�.e...�tA.�... Village ..!daak...B:axnatahle..........„».» (Name of Street) (What section of Town) 164.9a' 3. Dimensions of lot ._.:.............„:....».................„»...............„ .».»„.»....„.......�34?:!.. .»......„».„. ...:.».......:.............„.„.....4 .,.3.Z2 ».„„_..._ (Frontage) (Depth) (Square Feet)„ ». 4. Zoning district in which premises are- located u;.*�l.1.agQ.....B.u.9.i.Kkp..p.e........:'........».......................................................... 5. How long• has owner had title-to the above premi es? .......„10 years 6. How many buildings are now on the lot? _...„.�...,,! House and. Bar n „. ..................... . ...„...............„.................................»...„._»»..........„.„. 7. (live'size of existing buildings .......„B;arzn..„1 .....3 ..'.. .4.0':..... ,:200:...J..„.....Igaa „ ....4: d..... ,I�. ..»-».. .� plan Proposedbuilding .......„None.......................................„..........»..............»......„».»„........».....................„. „»:... ...... „» s ».,..» 8. *State resent use of remises Barn partitioned and. r•e:nted as of.fi.ce space, H6u. 'e ownerd P P „..„:_.._....:...........................„..................„„..„ _„........_„...... .„„.»...............................„ ........... . zes i.. 9. State proposed use of premises ...„Barn„„fox wo.rl�shaP�,,.....A.la e, air. nwne.r res .dencg 10. (live extent of proposed construction or alterations: ....A anp..».........................„.......:................................... .»..J.. ...................... ................._...„.........„.................».............................................................»»...... »...............„...........................»........ ...........:....»......,.................................................„.....».». ...................„..._..........._...„...„...._.......»........_..........„.»„„.....................„».„.„„„..„..„».........„..................._....................„................................................„..............». ...„..._ .11. Number of living units for which building is to be arranged ...N.AR............... ........................».............._....... _... 12. Have you submitted plans for above to the Building Inspector? .............Noa................................................:....................... 13. Has he refused a permit? ..........No? eti n 14. What section of Coning by-law do you ask to be varied? .......�.�........:.:R.......�'..*..... ....RAx'e:9X:ukK....:15.....:. ' ..........................._...._......................„.........................„...„....................................... ..„..._.................................................................................................................................».....„.... .................................„.........................................„......................................................._........................................................................................„.............„...................».......„............... 15. State reasons for variance or special permit: .„.` S?r..„ �,.�,.A?PI:..T14 :_. :42t...A?ra small. boats in. the barn with retail sales ©:f materials and suppl.}es. ............................._.„.................................................„....................................................................................................................„...................................................»..................„....».„ The:• area i.s. well acreen.ed from the road and abuttox's and no extra. traffic ..................................................................................................................................................................................................................................»....„........................ may:ld....h.e....;.Pnaxa:fiai.........Ua l ....Jb sa a �.„�1 Pf in:�:d...a s....1�s:s:....than....2.0:4.' to lembr.kh) ................................................».....„.................................................................................„.................„...................................................„..................................................................... .................................................»„.....».........................................................................................................„.........„.........»»»..............._... .......................».................„.........................................................................„....„.........................„..............._...............»._.............................._........_........... Respectfully submitt �4 . (Signature • .: ..........r ..�J.„. ......T f//.......... (Addres :..(t�K�N !1?7 ? .a!�?CFE 't , * Please submit 3 copies of petition form. (A-gent�—........._..................................................................„................................ * Filing fee'of .................. required with this petition (Address) ..........:.....„.....................................................................................„ (OVER) The following are the names and mailing addresses of the abutting owners of property and the names and addresses of the owners of property abutting.the abutting owners of property and the names and addresses of the owners across the street all with their corresponding map and lot num- bers according to the records in the Assessor's Officer at the date of this application: Please type or print only. Map Lot # ,`b�,� Name Address 21311 Zip Code 6-3—Crrestr-1aslzrRebr�6©.8ar�dwrclr—ILIA 0'2'S& "` _ 1.0: Alice E. Sears . ' Box 97 West BarnstabIlet MA 026:6:8 6 I/Dou.gla,s R. Carpenter- B-ax 227 West. Harnstab:le,. MA 02668; C/o M/�RSoR y poW�✓ey,�T�/ "'. . 30 ✓ JJolin. C.. Dori-as. JAY '�IYIF�%AJ;.'ST � West, Barnstab,le., MA 0,2668�. / "' 29 ✓ JW. B. Realty Ass.dc. 26 Wh- Lt:e Cap. Lane,. West Barnstabl.ee, MA 0,2668 26 V,/John. A. Irwin 1.2.1 Main St:re.et,,: Yarmouthpo.t, MA 026.7.5 C/o GODWR y xNC 24 7Che.t oberl'r N. Olander 1025'Main Street,, W Barns.table, MA 22 Cibrowski- 10.22 Route: 6-A , West Barnstab-Ie!, MA 02668 J155 33 ,/ Ae:rni_:ce: 1. Bresnihan 6 Ruben Duren Way, Bedford, MA 017,30 1,79- 11 Town of Harnstab-Le: Conserva.ti:on, Land I ✓�Rob:ert. .E. B:e.arse.. 6.3 Great, Marsh Rd. , So:. Sandwich,. MA 02563 2-0L?7bo1�-Rob.ert E. Kenne.dy,. 3P Joy St., Bost.on, MA 0,11611 3 VM arj.ori.e A. Ke.ary 1.0.5 Farwell St,. ,. Newton, MA !�al �' 4 '� VRo:ber.ta C. - James Packet Landing Way, West. Barnstable,, MA 0,2668 �W 16 ✓Rarymend J. Woodhouse 780 State Rd., No. Dartmouth., MA 02747 J n^ 34. fit III if. Jn 35 it- III: , M it. n Jm 36 ►r: m 1 m 3 n, n: rn m rn 17 John R. Gaudet Box 182, West Barnstabl.e, MA 026:68 1.0 Tour of Barnstable Conservation 1.2 ✓ 'Raymond J. Woo.dbiou:se. 78;0. State Rd. ," Na. Dartmouth, MA 0,2747 J. "' 13 ✓' /Roland W. Pri-est 25 Concord. St. , Maynard,. MA 0.1.7�fl fill 14 �,/ JLawrxence W. Caton Packet. Landing Way, West. Barnstable, MA 026:6.6 Jit 1.5 n+' u, ✓1:78 9 l�/ETi.zabeth. Hamblin Northeas.te.zn Bank. of PA , Scranton, PA 1.8501 V el o T, I h6reby certify the above names and a-dresses, as required under section 2 of Chapter 40A of the Massachusetts General Laws, are as they appear on the most recent tax list (1983 Fiscal Year) to within 300 feet or the abutters to the abutters wi thi n the 300 feet Aug 31, 1983 Robert D. itty Director of Assessing There must be submitted with the within application at the time of filing a plan of the land, in triplicate, (or three prints) showing: 1. The dimensions of the land. 3 2. The location of existing buildings on the land. 3. The exact location of the improvements sought to be placed on the land. Applications filed without such plans will be returned without action by the Board of Appeals. ............. .... .. ... ...... ......... .. ..... . . . . ....... . ....... ...-. :-. .... . -� Town of Barnstable 'THE , Building Department Services Brian Florence, CBO RAM9rA M ' Building Commissioner MAW � g BARNSTABLE. 039. ` 200 Main St' Hyannis, MA 02601 tEDp� tree ws;axs wys•cnanu•.rnuwcreu I•M•~M/� 1679a024 www.town.barnstable.ma.us 575 Office: 508-862-4038 Fax: 508-790-6230 June 25, 2018 1000 Main LLC Peter Eastman P.O. Box 125 Barnstable, MA 02630 NOTICE OF ZONING VIOLATION Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: 1000 Main LLC, Peter Eastman, and all persons having notice of this order. As owner/occupant of the premises/structure located at 1000 Main St, W Barnstable, MA 02668 Map 179 Parcel 002, you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date, June 21, 2018, to: 1. CEASE AND DESIST IMMEDIATELY, all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: On June 25, 2018, I observed a violation of the Town of Barnstable Zoning Ordinances. Specifically a violation of Special Permit number 1987-35, issued to Charles Birdsey on May 13, 1897, was observed in that the special permit allowed a: 1. Single-family dwelling with a business office 2. Boat repair and restoration use in the"barn" 3. Antique shop Currently on site and in violation of the Special Permit are: 1. Creation of a multi-family dwelling 2. The boat repair and restoration use has expanded to include boat storage on and off season Current Zoning: Chapter 240 Section 20 B (1) (a) - WB Village Business District 2. SUMMARY OF ACTION TO ABATE: Return property to the conditions permitted by the Zoning Board of Appeals in Special Permit number 1987-35 or seek zoning board relief for the current expanded use. And, if aggrieved by this notice.and order, you may file an appeal with the Town Clerk of Barnstable, specifying the ground thereof within thirty (30) days of the receipt of this order (in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If, at the expiration of the time allowed, action to abate this violation has not commenced, further action as the law requires will be taken. B rZer, "Florenc Building Commissioner Town of Barnstable \�x Building Department Services OF THE TOy� Brian Florence, CBO BARNSTABLE V aazsvefi•®�:sa�•ccurt•ma+5 �P O wrscsW;us•osrxwue•Feneaasri� ti Building Commissioner 1639-2 1a 98 .� 200 Main Street, Hyannis, MA 02601 i6.39. www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 August 22, 2018 �\ 1000 Main LLC � ti Mr. Peter Eastman -\ P. 0. Box 125 Barnstable, MA 02630 RE: Site Plan Review#056-18 1000 Main LLC 1000 Main Street (Rte 6A), West Barnstable Map 179, Parcel 002 Proposal: Applicant proposes to modify existing special permit 1987-35 to allow the use of the property for boat storage north and east of the barn. Applicant further proposes to validate and continue the use of a pre-existing non-conforming three apartment (presently 4 bedrooms total)multi-family dwelling in the principal building. Dear Mr. Eastman: At the formal site plan review meeting held August 16, 2018, the Site Plan Review Committee found the above-referenced application to be approvable subject to the following: • Approval is based upon plans entitled"Site Plan of 1000 Route 6A, West Barnstable", dated April 10, 2018, 1 Sheet, Scale 1"=20' prepared by Down Cape Engineering for Peter Eastman. Plan will require revision to reflect the applicant's intention not to install a privet hedge, instead using existing plantings as screening; and, reflect revisions addressing conditions of approval as follows: • Modification of the existing 1987-35 special permit will need to be granted to include the proposed boat storage use, repair and sale of boats and additional apartments. Documentation will need to be provided to the ZBA substantiating the apartments and the uses granted in the special permit. • Application for relief from the Zoning Board of Appeals is required to be submitted forthwith due to violations of the existing special permit; specifically, expansion of a pre-existing non- conforming use. A • Final plan approval from the West Barnstable Fire Department Chief regarding adequate FD .access,non-combustion safety measures, boat spacing and setbacks from abutting properties is required. • All fuel and batteries will need to be removed from boats stored on site. �j " • Plan depicts parking of boats on the septic system as well as the need to drive across piping between tanks to deliver boats. A DEP certified inspector will be required to evaluate the loading of the system and piping as well as capacity. • 1990 septic permit indicates septic capacity for 2 bedrooms. Because the applicant claims there is a discrepancy, applicant can submit a floor plan of the main house depicting the location of the apartments and bedrooms along with an affidavit regarding the number of years the apartments have been in existence to the Board of Health for a future hearing. • Properties with a private well are limited to 1 bedroom for every 10,000 s.f. of land. This site contains only 38,800 s.f. which will limit the number of bedrooms to three (3)under Title V. • A copy of the final revised plan filed with the Zoning Board of Appeals is required to be submitted for the Site Plan Review application file. • Applicant must obtain all other applicable permits, licenses and approvals required. Upon completion of all work, a registered engineer or land surveyor shall submit a certified"as built" site plan and a letter of certification, made upon knowledge and belief in accordance with professional standards that all work has been done in substantial compliance with the approved site plan(Zoning Section 240-105 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. Sincerely, A&'e, Ellen M. Swiniarski Site Plan Review Coordinator CC: Brian Florence, Building Commissioner, SPR Chairman Chief Joseph Maruca, West Barnstable FD -Zoning Board of Appeals Health Department Anderson, Robin From: Florence, Brian Sent: Tuesday, August 07, 2018 11:59 AM To: Anderson, Robin Subject: 1000 Main Street- Eastman Hi Robin, I spoke with attorney Taylor who is representing Mr. Eastman. They are coming before SPR so that they can make application to the ZBA. I will require that they apply immediately to the ZBA and that no boats are permitted onsite unless and until he receives ZBA approval. Thanks, -Brian 1 . 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') Adult Signature RWrlcted Delivery Q Registered Mail Restricted 9590 9402 3615 7305 6411 62 ertified Mail® Delivery 0 Certified Mail Restricted DeliveryRetueceiptfori.,:.i ' ❑`Collect on Delivery erohanm Rdise . .�o�.Aw:..1...NL...d.nr_TmnefCl_ffNM.CRNIC9_r8f)BO ❑Collect on Delivery Restricted Delivery ❑Signature Confi"flonTTM iisured Mail ❑Signaturee Confirmation 7 017 1000 0000 6759 6832. _ Restricted Delivery{1 isured Mail Restricted Delivery iver$500)fcw a .,t- �= PS Form 3811,'JUIy 2015 PSN 7530-02-000-9053 1 1;;-`:}` Domestic Return Receipt . USPS TRACKING# First-Class Mai! � Postage&Fees Paid USPS Perms No.G-10 9590 9402 3615 7305 6411 62 United States •.Sender:Please print your name,.address,and ZIP+4®in this box• Postal Service - TOWN ® NG DIVISION � BUILDING 200 MAIN S'L HYAN.NIS,MA 02601 sP • i ! �� f :3 ei is ::: iai£ i F r f t.it Town of Barnstable OFZ"E Building Department Services Brian Florence, CBO BARN9TABLE, Building Commissioner BA .ST�LE.MAW. 9`bA i679 �0� 200 Main Street Hyannis, �Fo a Y 7 MA 02601 1609-2019 www.town.barnstable.ma.us '�� Office: 508-862-4038 Fax: 508-790-6230 June 25, 2018 1000 Main LLC Peter Eastman P.O. Box 125 Barnstable, MA 02630 NOTICE OF ZONING VIOLATION Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: 1000 Main LLC, Peter Eastman, and all persons having notice of this order. As owner/occupant of the premises/structure located at 1000 Main St, W Barnstable, MA 02668 Map 179 Parcel 002, you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date, June 21, 2018, to: 1. CEASE AND DESIST IMMEDIATELY, all functions connected with this violation t on or at the above mentioned premises. SUMMARY OF VIOLATION: On June 25, 2018, I observed a violation of the Town of Barnstable Zoning Ordinances. Specifically a violation of Special Permit number 1987-35, issued to Charles Birdsey on May 13, 1897, was observed in that the special permit allowed a: 1. Single-family dwelling with a business office 2. Boat repair and restoration use in the "barn" 3. Antique shop Currently on site and in violation of the Special Permit are: 1. Creation of a multi-family dwelling 2. The boat repair and restoration use has expanded to include boat storage on and off season Current Zoning: Chapter 240 Section 20 B (1) (a) - WB Village Business District 2. SUMMARY OF ACTION TO ABATE- Return property to the conditions permitted by the Zoning Board of Appeals in Special Permit number 1987-35 or seek zoning board relief for the current expanded use. I i And, if aggrieved by this notice and order, you may file an appeal with the Town Clerk of Barnstable, specifying the ground thereof within thirty (30) days of the receipt of this order (in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If, at the expiration of the time allowed, action to abate this violation has not commenced, further action as the law requires will be taken. '-der, "Florenc Building Commissioner i Florence,.Brian To: Anderson, Robin Subject: 1000 Main Street - Eastman Hi Robin, I spoke with attorney Taylor who is representing Mr. Eastman. They are coming before SPR so that they can make application to the ZBA. I will require that they apply immediately to the ZBA and that no boats are permitted onsite unless and until he receives ZBA approval. Thanks, -Brian i �,t��l�g _ _� _ __ __ __ _ _ .____ ___ ___ _.___ ��� � � �.��rS---- - ---------- --- ----- - -- - - -- 2• N�� �n.c.� �. 1�ao �� �LRNOWM fLER A } TOWN OF BARNSTABLE � STABLE. MASS. Zoning"Ba of Appeals '87 MAY 13 PM 3 51 Richard Auclair Deed duly recorded in the �..»_. Property Owner County Registry of Deeds in Book _ ._.._ Charles S. Birdsey Page Petitioner District of the Land Court Certificate No. I . Book_.M.».___.. Page _._ .. Appeal No. _..:1987-35. _ _ .__ _._. ...... FACTS and DECISION " Petitioner Charles S. _Birdsey_______ _ Sled petition on w..___ _ - ._-• -_- 19 requesting a variance-permit for premises at _:__ 1000 Main Street r �_��_., in the village (street) of West Barnstable _ adjoining premises of _ (see attached list) Locus Ader consideration: Barnstable Assessor's Map no. _..179._ --.••---_ lot ue. 2 Petition for Special Permit: ❑ Application for Variance: ❑ made under Sec. __..K. _._.-•.—•----•----- of the Town of Barnstable t Zoning. by-laws and Sec. Chapter 40A., Mass. (ten. Laws for the purpose of _...._to allow_ the maintenance, repair and _sale of small boats with _ retail sale of s, Mlies related_thereto i Villa e Business B Locus is presently zoned in _..... _.P Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and f by publishing in Barnstable Patriot newspaper published in Town of Barnstable it 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 00_�__ .. P.DS. April _30 _ a_ l9 87 upon said petition under sonina by-laws. Present at the hearing were the foPowin�s memhers: - Richard Lam Gail Nightingale ,•_..R.gna�l,�_J.F_UA R.R .. _._._._. Chairman 'At the*eonclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. O t. Appeal Page _ _______ of On April 30.w._ 19 67, The Board of Appeals found t Attorney Richard Burling represented the.petitioner, Charles J. Birdsey who has a purchase and sale agreement for the property located at Lot 10, 1000 Main St., W. Barnstable in a Village Business zoning district. Mr. Auclair who is the current owner has an antique business on the locus which contains 38,800 square feet and three structures— The petitioner desires to renovate an existing barn and .operate a small boat repair and restoration business with sale of supplies related thereto. There is to ,be no change in the footprint of the building. main' There are several apartments in the/building since the 1930s; the petitioner intends to use one apartment in the main house and there is going to be one office use by -the petitioner's wife 'who runs an'adoption agency. There is an existing two car garage which'will be used only for the storage of vehicles. At the present time, there is a dejeC restriction. The current owner is the trustee of Barnstable R1ty. Trust/agree sto sign an amendment to be recorded in the Registry of Deeds for Lot 10, to amend the restriction of non-business use with the exception of an antique shop Ronald Jansson made a motion to grant the Special Permit under P (14) of the Zoning By-Law on the basis that the proposed renovation would not constitute a use that would be subtantially more detrimental than what currently exists - the motion was seconded by James McGrath. The Board voted unanimously to grant a Special Permit with the restriction that there be no more than one boat on display outside at any one time. I, ...... 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 .................... day of ....•.-......_............_......_ ..._._-_._... 19 ___... under the pains and penalties of perjury. Distribution.— PropertyOwner ................_....... ._.__ ..-....w._... ___ ._..._.. ......_.»_._.._._ Town Clerk Board of Appeals Applicant Town of Bern Persons interested Building Inspector Public Information -_-- r TOWN OF BARNSTABLE. a n f ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER•ZONING BY-LAWS ZONING BOARD OF APPEALS MEETING OF APRIL 30,1987 A persons deemed interested or affected by the Board of Appeals;under'- 41 of Chap.40A of General Laws of the Commonwealth of Massichusetts HA UM J. BIRDM Meeting of 4-30-87 all amendments thereto,you are hereby notified that: Appeal No.1087.331 7t30 p.ma.Edward&Rita Monte have appealed to the Zoning Board of Appeals and petition for a Special Permit for a family Apart- ment at Map 268.lent 016.38 Leonard Road,Hyannis in an RB zoning district, '.. A public hearing will be held on this petition at 7:30 p.m. Appeal No.1987.34,7t45 p.maMarshall&Mary Anne FarkY have appealed,, to the Zoning Board of Appeals and petition for a Variance 0onr intensity--`.• ' 156 TOnela Rd, Ct mmaquid, MA regulations at Map 288,Lot 116,105 Hyannis Avenue,Hyannispori in an RF-1 zoning district. 63 Great Hill Rd, S Sandwich, Ma A public hearing will be held on this petition at 7:45 p.m. 26 Packet Landing Way, W BarnStable,MA Appeal No.1987-35,8:00 p.ma Charles S.Birdeey has appealed to the Zoning Box 443, W Barnstable, MA Board of Appeals and petitions for a Special Permit to renovate an existing struc- ture Packet and operate boat repair and construction in the barn at Map 179.Lot 2, Landing Way, W B8LT1Stble MA 1000 Main Street,W.Barnstable inn a Village.Business B zoning district. Bog Road, MarStonS Mills, MA A public hearing will be held on this petition at 8 p.m. 1022 Route 6A, W Barnstable, MA Appal No, 1987.36,80 p.ma First Federal Savings&Loan Asepc400n of Box 267 W Barnstable, MA Cape Cod has appealed a decision of the Building Inspector and petitions for a. Special Permit/Varianoe to allow an addition to an existing bank building at 1025 Main St, Barnsable, Ma Maps 310 and 311, Lots 302,303 and 311, Route 28,Hyannis in a Highway 60 Adams ST, Milton, MA Business zoning district. � 255 North Rd 227 Chelmsford MA A public hearing will be held on this petition at 8:15 p.m. � r Appeal No. 1987.37, 8t30 p.m.s Robert Shlelds, Gerald Day, Frederick Box 248, W, BarnSable, MA Sprague&Ronald Doyle have appealed to the Zoning Board of Appeals and P.O. Box 465, W Barnstable, MA petition for a Special Permit under Section X and PA 27 to allow an existing 1 hotel and restaurant to be used as time-shared condominium hotel and 4 , restaurant at(Ramada Inn)Iyanough Road,Hyannis in a Business/Highwaay Business zoning district. A public hearing will be held on this petition at 8:30 p.m. T)iese hearings will be held in the second floor hearing room,New Town Hall, 367 Main St., Hyannis on Thursday evening,April 30;1987. You are invited to be'present. . By Order of the Zoning Board of Appeals Barnstable Patriot Richard L Boy,Chairman Toning Board of Appeals April 16 and 23, 1987 l/ �QRNS Q6��f Moss, 8) OR 1$ APPEAL NO. NA N�.IANI.1_ I iesP NI1 2s , 0 . TOWN OF BARNSTABLE PETITION FOR ' SPECIAL PERMIT UNDER THE ZONING BYLAW To the Board of Appeals, Town Hall, Hyannis. MA 02601 'Date March 27 19 s7- The undersigned petitions the Board of Appeals to vary,in the manner and for the reasons hereinafter set forth,the application of the provisions of the zoning bylaw,to the following described premises. Applicant: CHARLES J. BIRDSEY 362 3141 (Full Name) (Telephone Number) Address: 185 Meadow Lane, [a' Barnct-ahl e, j%da 09668 Owner: Richard Auelair 362-3076 - (Full Name) (Telephone Number) Address: 1 Harvard Avenue, * Alston, Ma. 02134 E Sch� Prior Owner of record ' Robert E. I:ennedy, Joseph A Kennedy, Fdward ,T_ KenPriy/ Tenant f if any): None (Full Name) (Telephone Number). If Applicant other than:Owner of property • state"nature of interest Prospective Purchaser. 1. Assessors map and,lot number Map 179 , Lot-2 2. Location of Premises 1000 Main St. VillageW.. Barnstable (Neme of Street) (Whet section of Town) 3. Dimensions of lot 160 200 38 ,800 (Frontage) IDepth) (Square Feet) 4. Zoning district in which premises are located V i 1 1 aQc- R 5. How long has owner had title to the above premises? since 12/27/85 6. How many buildings are now on the lot? 3 7. Give size of existing buildings - Proposed buildings 8. State present use of premises Apartment Rentals in main ho •]L SP, nf-; t,r* Rhnp in Barn. 9. State proposed use,of premises Apartment upstairs, office downstairg., boa_ t- repair st r,r . 10. Give extent of proposed construction or:a _, linne" Other than i,niterations: ' grading ,,,,,„ n Bari buildings: 11. Number of living-units for which building is to be arranged no chancre 12. Have,you submitted plans for above to the Building Inspector? nn 13. Has he refused a permit? no 14. What section of zoning bylaw do you ask to be varied? The 11RF Rern,1 a+ons Section K 7b ,F R►fl,o roacnn.c fnr vAri'AT1CP_Ar SDOCIaLDBrmlt: Aonl i cant wants t-n rpnn%rate the axisti ng To the Board of Appeals, Town Hall, Hyannis, MA 02601 DAe fAa rr-h 2 7 19 R 7- The undersigned petitions the Board of Appeals to vary,in the manner and for the reasons hereinafter set forth,the application of the provisions of the zoning bylaw,to the following described premises. Applicant: CIiARLES J. BIRDSEY (Full Namel (Telephone Number) Address: 185 Meadow Lane, 14 Rarnat-ah1P•y "Aa 076618 ) Owner: Richard Auclair 362-3076 - (Full Name) (Telephone Number) Address: 1 Harvard Avenue, * Alston, I.1a. 02134 E.,J7 Sche Prior Owner of record Robert E. I:ennedy Joseph A Kennedy, Fdward .T- KPnnPAy, Tenant(if any): None IFuli Name) (Telephone Number) If Applicant other than:Owner of property - state nature of interest Prospective Purchaser. 1. Assessors map and;lot number Map 179 , Lot-2 2. Location of Premises 1000 'Main St Villagel'1• Barnstable (Name of Street) (What section of Town) 3. Dimensions of lot 160 200 38 ,800 (Frontage) (Depth) (Square Feet) 4. Zoning district in which premises are located V i 11 Rai- R -- 5. How long has owner had title to the above premises? since 12/27/85 6. How many buildings are now on the lot? 3 7. Give size of existing buildings Proposed buildings 8. State present use of premises Apartment Rentals in main house, nt-i rntP Shnr, ;r, Barn. 9. State proposed use;of premises Apartment upstairs, office dokznstairs, heat- rPnair sl None 1 r,ra �„ 10. Give extent of proposed construction or alterations: Jc __Aher Phan upgrading �n BarIt' buildings. - - - 11. Number of living units for which building is to be arranged no change 12. Have you submitted plans for above to the Building Inspector? nn 13. Has he refused a permit? no 14. What section of zoning bylaw do you ask to be varied? Th 11SF R pq»1 at;L1ns Section K - 7b 1J1 i `Giants f n rPnnvate the existing 15. State reasons for variance or special permit: �2� cant structure on the nroperty-.":and. 'operate a small' 'boat repair and construc- tion business in the barn., A similar business was apprnvPrl in 1103 t -----•(Anneai•zNo---1�83=8G•}- °i'or �JamesrKrttredge "'-"'(fir`'' Ba:rdsey `would�"Aerate - the same type of business and the oneration• wou1rj IhP e-mmnl•imPntar-vrto Mr. Kittridge's (over) 1 Y- i s i ' MAP. LOT J . NAME. ADDRESS, ZIP CODE 155 33 Bernice H. `;Bresnihan. 6 -Ruben; Way, 4• New Bedford, Ma.. 01730. 24 E. Alford Augenstein. P.O.•.Box•248, W. Barnstable, Ma. 02668. 179 1-1 ' John Mikutowicz. 2.2.5, Maple St. ., W. Barnstable, Ma. 02668. 1-2 Robert E. Bearse. . Box 477�,-West .; Barnstable,' Ma. 02668. 31 Marjorie Al Keary. 26 Packet Landing i Way, W. Barnstable, Ma. 02668. t 4 Peter F. &, Barbara 42 Packet Landing A. Thorbahn. Way, W. Barnstable, i Ma. • 02668. 13 * Mr. & Mrs. - Richard Bog Road, Marstons A. Krause, ' Mills, Ma. 02648. I� 14 + 15 Lawrence W Caton. Packet Landing Way, i W. Barnstable, Ma. ' 02668. 16: ' Kelly Cavanaugh. Marshview Realty Trust, " 338 Rte. 6A, Sandwich, Ma. 02563. t 178 8 ' . . James G. Kittredge. Box 267, W: Barnstable, 1040 Rte. 6A. Ma. 02668. 22 - Chet Cibrowski.. 1022 Rte. '6A.. W. Barnstable, Ma. -. 02668. i 24 : -Robert N.* Olander. 1025 Main St. , Barnstable, Ma. 02630. `F f i 77-7 r 26 John A. Irwin. 60 Adams St. , r �- Milton, Ma. 02187. 30 John C. Doriss. 1685 Main St. , W. Barnstable, Ma. 02668. 156 25 May S. Alexander. Box 22, West Barnstable, Ma. 02668. 26 Edith K. Huhtanen Box 465, West Barnstable, Ma. 02668. s , 1 o ;;,-.- ;•:� ��_-.. CGS ,, • ,`e •` ` •• 1. '�..a •}:: • ... Anderson, Robin From: Florence, Brian Sent: Thursday, January 25, 2018 3:16 PM To: Anderson, Robin Subject: FW: RE: 1000 Main Street-West Barnstable FYI... See below. -Brian From: peastman@aol.com [mailto:peastman@aol.com] Sent: Thursday, January 25, 2018 3:08 PM To: Florence, Brian Cc:janssonlaw@comcast.net Subject: Re: RE: 1000 Main Street- West Barnstable Thank you very much, Brian. I appreciate your help and advice. I have discussed this with Attorney Jansson this afternoon and therefore, we should be filing an application within the prescribed time period. Sincerely, Peter Eastman harnQtable.ma.us e r r Anderson, Robin From: Soto, Kathryn Sent: Wednesday, January 31, 2018 3:00 PM To: Anderson, Robin Subject: RE: 1000 Main St, WB Hi Robin, Just a follow up on this property-this guy just called me and was actually pleasant. I explained why I have been trying to reach him and the conversation 1 had with you. I told him I was holding off on processing the application until zoning issues were resolved and he completely understood. Keep me posted. Kathryn From: Soto, Kathryn Sent: Tuesday, January 30, 2018 2:41 PM To: Anderson, Robin Subject: 1000 Main St, WB Hi Robin, We had spoken before regarding 1000 Main St, WB that zoning restricts them to two units. I made several attempts last year to reach out to the landlord to inform him he could not rent out a third unit. He never responded to my messages. I send out the renewal application with only two units and he sent me back another application attached for the third unit and also paid for it. I tried to reach out to him today and left him another message. I will hold off on registering any units at this rental property while you deal with him in court. Regards, Kathryn , i Town of Barnstable, MA Page 1 of 2 Town of Barnstable,MA Tuesday,January 23,2078 Chapter zoo. Zoning Article VIII. Nonconformities § 240-94. Nonconforming use. [Amended 3-11-1999 by Order No.99-056] A preexisting nonconforming use shall be limited in the extent it may expand or intensify. A preexisting nonconforming use may be changed to a principal permitted use as of right.A preexisting nonconforming use may be changed to a conditional use by special permit as provided for within the zoning district in which it is located,or to another nonconforming use as provided for herein. A. Change of a nonconforming use to another nonconforming use.A preexisting nonconforming use may be changed to another nonconforming use only by special permit from the Zoning Board of Appeals. In granting a special permit for the change of a nonconforming use,the Board must find that the proposed nonconforming use is no more detrimental to the neighborhood and that all of the following requirements are met: (i) The applicant has received all necessary.approvals from the Board of Health. (2) The proposed nonconforming use: (a) :Requires no more parking than the previous use; (b) Does not generate more traffic than the previous use,as measured by the Institute of Transportation Engineers Trip Generation Handbook or other sources acceptable to the Zoning Board of Appeals, nor does it cause Town expenditures to address traffic mitigation measures; (c) Does not result in an increase of on-site and off-site noise,dust,and odors; (d) Does not result in an increase in the hours of operation or in the number of tenants or employees; (e) Does not expand the gross floor area of the nonconforming use, except as may be provided in §240-9313, nor does it increase the number of nonconforming uses on a site, (f) Is on the same lot as occupied by the nonconforming use on the date it became nonconforming;and (g) Is not expanded beyond the zoning district in existence on the date it became nonconforming. L Expansion of a preexisting nonconforming use:A°preexisting'nonconforming use shall node e7x—z nd e d-a n d/o H ritens.ifi.e.d_except-b--y_special permit-fr_o.m_th.e_Zo.n ng Board of Appeals. In grantinga=special-permit for expansion-of�a�preexisting-nonconforming-use;the_BoarC l lu t-find https://www.ecode360.com/print/BA2043?guid=6559891 1/23/2018 Town of Barnstable, MA Page 2 of 2 that the proposed expansion, and/or intensification will not be more detrimental to the neighborhood and that the following requirements are met: (1) Any proposed expansion of the use shall conform to the established setbacks for the zoning district in which it is located,or such greater setbacks as the Zoning Board of Appeals may require due to the nature of the use and its impact on the neighborhood and surrounding properties. (z) The proposed use and expansion is on the same lot as occupied by the nonconforming use on the date it became nonconforming. (3) The proposed new use is not expanded beyond the zoning district in existence on the date it became nonconforming. (4) At the discretion of the Zoning Board of Appeals,improvements may be required in order to reduce the impact on the neighborhood and surrounding properties including but not limited to the following: (a) Greater conformance of signage to the requirements of Article VII; (b) The addition of off-street parking and loading facilities; (c) Improved pedestrian safety,traffic circulation and reduction in the number and/or width of curb cuts; (d) Increase of open space or vegetated buffers and screening along adjoining lots and roadways.The applicant shall demonstrate maximum possible compliance with §240- 53,Landscape Requirements for Parking Lots,Subsection F,if applicable. (e) Accessory uses or structures to the principal nonconforming use may be required to be brought into substantial conformance with the present zoning. https://www.ecode360.com/printBA2043?guid=6559891 1/23/2018 A LAW OFFICES OF RON S . JANSSON P. O. BOX 147 BARNSTABLE, MASSACHUSETTS 02630 TELEPHONE: (508) 362 - 3377 FACSIMILE: (508) 362 - 3333 Email: ianssonlaw@a,comcast.net o 0 February 1.2 2018 o Brian Florence, Building Commissioner Building Dept., Town of Barnstable NJ 200 Main St. v �' Hyannis, MA 02601 Re: 1000 Main St., West Barnstable, MA Dear Commissioner Florence, I very much appreciate the time that you allotted myself and Peter Eastman to meet with you regarding the situation at 1000 Main St., West Barnstable. i As I had indicated to you, from all that I understand, we are of the impression that the apartment uses at 1000 Main St. are continuing legal nonconforming uses. In any event, with reference specifically to the storage of boats, we intend to seek a special permit seeking a modification to the original special permit granted in 1987. In this regard, I have instructed Mr. Eastman to retain the services of an engineer for purposes of preparing a site plan. Once the site plan has been completed, I will first apply for Site Plan Review in order to get their approval as it is required as a condition to the granting of a special permit. Following the Site Plan approval process, I intend to file a special permit application for modification of the previous special permit for purposes of allowing the storage of boats on the property. t I very much appreciate the time that we spent together discussing the situation and am willing to attempt to provide you with any further answers should you have any questions. Very truly yours, 8 Ron S =n ' RSJ/mcj CC: Peter Eastman C ' V Date: Jan. 11, 2018 To: Building File RE: Complaint: Boat Storage/Multi-family Use Address: 1000 Main St,WB R179-002 Originator:. Nancy Trafton Contact: 508-280-6458 Complaint: Property owner is using yard for boat storage also using SF home as a multi-family rental. This is a continuation of a previous complaint. Property owner was intending to file an appeal with the ZBA claiming non-conforming rights to both uses. A filing was presented to Town Clerk's office and Legal was copied but the "appeal" was never formally or properly filed with the ZBA(no application, no fee, and no plan). Attorney Taylor was made aware of this by Brian last fall. Enforcement Process Steps 1. Initiate local investigation Yes 2. Document/enter into system Yes 3. Contact On file 4. Contact Yes—with owner& owner's attorney 5. Seek access to subject property 6. Seek administrative warrant(if necessary) 7. Notify state authorities of findings 8. Document conclusion 9. Complaint Status Open Action Date: 01/11/2018 1. Brian emailed property owner's attorney,Tracey Taylor on 1/11/18. 2. RA advised Ms.Trafton that BC was seeking an update on appeal status via email to attorney. 3. If appeals are not properly filed by Fri. 1/19/18 citations shall be issued. Action Date: 01/23/2018 Issued Citations: 01/23/18 81604 Boat storage $100.00 81603 Multi-family$100.00 01/25/2018 Mr. Eastman contacted Building Commissioner via email. BC advised of a 21 day stay to appeal tickets or file with zoning board. Email attached. I - Anderson, Robin From: Florence, Brian 'int: Thursday, January 11, 2018 11:38 AM \ o: 'tltaylorlaw@verizon.net' Cc: Anderson, Robin Subject: RE: 1000 Main Street, West Barnstable Attorney Taylor, I am following-up on a complaint that we received over the summer and a subsequent order to Cease and Abate. The compliant was reinitiated today. As you will recall you and I discussed the matter on the telephone in October and I was given assurances by you that your client intended to appeal the cease and desist order or seek zoning relief for the use of the site from the Barnstable Zoning Board of Appeals. (please see your email below). I am prepared to instruct staff to issue a non-criminal citation and fines on this matter but I wanted to give you the courtesy of an email before I do. If a proper appeal is filed with the zoning board before the end of next week we will refrain from issuing fines and will only issue a warning citation, if not then obviously we will need to proceed with enforcement and seek any remedies allowed by law in order to obtain compliance. Please feel free to contact me if you have any questions. Regards, Brian Florence, Building Commissioner/Town of Barnstable 200 Main Street /annis, MA 02601 (508) 862-4038 Brian.forence@Town.barnstable.ma.us Hi Brian. I am writing to confirm that my client, Peter Eastman, will be filing an application for zoning relief relative to the multi-family and boat maintenance storage usage of the above-referenced premises in the immediate future. Tracey Tracey L.Taylor, Esquire LAW OFFICE OF TRACEY L.TAYLOR 3206 Main Street P.O. Box 45 Barnstable, MA 02630 Phone: (508) 362-3010 Fax: (508)437-7923 E-mail: tltayiorlaw@verizon.net www.traceytaylorlaw.com 1 Anderson, Robin From: Florence, Brian Sent: Thursday, January 25, 2018 3:03 PM To: peastman@aol.com' Cc: tltaylorlaw@verizon.net; Anderson, Robin Subject: RE: 1000 Main Street-West Barnstable Hi Mr. Eastman, The backstory is that the Special Permits expired with the change of ownership. The department advised you through Attorney Taylor that it would be appropriate for her to file for new special permits from the zoning board. She attempted to do so but did not file it with the proper agency-she filed with only the Town Clerk and not the Planning Department/Zoning Board. In any event,the option for a special permit is still available to you. You may petition the ZBA to request a special permit for the accessory apartment and boat storage. The tickets mature in 21 days. So,you have 21 days to appeal the tickets to the District Court... or, make application for and diligently pursue a special permit with the zoning board of appeals. The tact that makes the most sense is to file for a special permit...we will not pursue the tickets beyond the existing fines if there is an active application and hearings before the ZBA and if they approve your request the matter will be moot. Please feel free to contact me or Robin Anderson if you have any further questions. Regards, Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.forence@town.barnstable.ma.us From: peastman@aol.com [mailto:peastman@aol.com] Sent: Thursday, January 25, 2018 1:44 PM To: Florence, Brian Cc: tltaylorlaw@verizon.net Subject: 1000 Main Street- West Barnstable Dear Brian, I am in receipt of two $100 fines related to 1000 Main Street West Barnstable, of which I am the owner. Just today I became aware that the appeal regarding your department's cease and desist order had not gone through. I have been operating under the assumption that we were waiting to hear back from the town regarding the appeal. I am in the process of hiring Attorney Ron Jansson to assist me with regard to this. In the meantime, can you tell me how often I should expect to be fined while I attempt to appeal this decision? As an aside, I completely understand the town's need to enforce zoning bylaws, however I purchased this property in 2013 with the belief that I would be able to continue the uses for which it was being used at the time, which was with the 1 .blessing oUBA going back to 1987. I've been a very responsible property owner and sincerely hope we can resolve this situation to the satisfaction of everyone involved. Thank you very much, Peter C. Eastman Howard Boats and 1000 Main, LLC z TOM NAME OF OFFENDER } )� BAR. 81.603 TOVVN OF ' ADDRESS OF0' .11Cn 1��+� 164 f.a le ) `./ CITY BARNSTABLE ,STATE. IP CODE vQ�/u� � afrII E►C�,- MVIMB REGISTRATION NUMBER I� $ �FEENSE IIAN� RLE. - 1.Mtic u — _ In1S.� a LLJ (�M&A'0 DATE OL 10 LOCATION OF VIOLATION W NOTICEOF (A. i P.MJ ON �,20 1 b � Sj' �) /n S�' a SI N T q OF ENFORCIbPgso EN RCING DEPT. \ BADGE N0. rW VIOLATION (,t1 �Cltj)G 1J1Z o OF TOWN I BY ACKNOWLEDGE RECEIPT OF CITATION X LU ORDINANCE unabte t0 obtain Sig aty e o of deg. 0"C Ia— THE NONCRIMINAL FINE FOR THIS OFFENSE IS i OR Date mailed W YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. _ LU REGULATION a (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monde y through Friday,legal holidays excepted, < before: LLJ The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a chedc,money order or postal note to Barnstable Clerk,P.O.Box 2430, Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. a (2 you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST UNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNS7ABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint,may be issued against you. ❑ LHEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFENDER _ BAR 8.1.6 0 4� • TOWN OF ADDRESS 0'OFF�t(DJJER'I BARNSTABLE clry,srAr P CDE UMMtlBER I'+ 1 OFFfiNSE � " HAN 1-.1. i:.g ;_ Wit. .r 14 U -• �0 � ( 1 L ) cfn �L_ UI•f i�(o e PLJ a i, _ �6y9•'�� O ' `, � .fGtlll t fail-h— Ent ICI TIME AND DATE OF VIOLATION- LOCATION OF VIOLATION I - Z NOTICE OF '"P1 �A.M)i P.M.)ON —acZ- 20 b Gt�• .�nS�zc I ^� k SIGNAT HE OF ENFjRCI G--PENSON EN R6NG DEPT. BADGE NO. N VIOLATIONS ,� ( ��__,/ ; e�.�n< P CD OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X Y W CL ORDINANCE 0-t•Jnab elel to obtain signature of offends Date mailed THE NONCRIMINAL FINE FOR THIS OFFENSE IS S �'�3' u, ` W OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a '1 DISPOSITION WITH NO RESULTING CRIMINAL RECORD. LU '1 REGULATION 1 y y P y y appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holida excepted, w ( ) ou Cn ma elect to a the above fine,either b g y ys before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. a (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNS TABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to'request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of$ Signature ' E OF OFFENDER , f., �JTO�YVIyOF ADORESSOF �ER BAR 816 0 BARNSTABLE CITY,STATE. IP CODE a s 44 tk•• O Q ' RARVMI'ARI.f_ E E • y �IA55. f/ I CL ui �•' O DATE 10 vT(J —j NOTICE OF (A. i oN L CATION OF VIOL ,ION > ► ,20 l 8' t- r z (I VIOLATION . SI R ° " R RS W CING PT ...I 1 BADGE No. Q I OF TOWNLU I I H BY ACKNOWLEDGE RECEIPT OF CITATION X I ORDINANCE Unable to obtai si at e o o Date mailed OR LIJ THE NONCRIMINAL FINE FOR THIS OFFENSE IS S I; I YOU HAVE THE FOLLOWING ALTERNATIVES WITH REG ARD i0 DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. L" I. . W I�tII� (e)You may elect to pay the above line,either by appearing In person between 8:30 A.M.and 4:00 P..M.,Monday ihrou h FLLJ I) before:The Barnstable Clerk,2DO Mein Street,Hyannis,MA 02601,or by malting a check, nd 4:0 RM or postal note to Barn H Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. 9 ridgy,legal holidaysj Q IIIIIIf CL ( stable Clerk,P.O. J f 2))If you desire I contest this matter In a noncriminal UND, l proSWding,'yAU may do so by making written request to DISTRICT COURT DEPARTME9ARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02830,Attn:21 D Noncriminal Hearings end enclose a ccitation for a hearing.(3)ri you fail to pay the above offense a to request a hearing wthin 21 days,or Ifyou ail to appear for the hearing or to pay anyfloe determi Ej hearing to be due,criminal complaint may be Issued against you. ' ❑I HEREBY ELECT the first option above,confess to the offense.charged.and enclose payment in the amount of$ c{C ul Signature NAME OF OFFENDER BAR 8 16 O 4 I TOWN OF ADDRESS w CITY,STAT ZI DE I I BARNSTABLE �Im ' / MV/MB REGISTRATION NUMBER l Lj IAH r: F E tCL ,I MASS. g• I 10J9• \ W I• Fo FAKE 4 r > I r O f OCATION 0 VIOLATI N �/ A W i TIME AND DATE OF IOLAT '�{� i NOT-ICE OF A. i P.M.)ON 'oZa— 20 6 i VIOLATION SI AT E F flCl ! F R NG DEP. t BADGE N0. N If P OF TOWN I H�nable KNOWLEDGE RECEIPT OF CITATION X W a ' obtain signature of offe dORDINANCETHE NONCRIMINAL FINE FOR THIS OFFENSE IS S W I Date mailed k '.13_1 1 W OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL W I DISPOSITION WITH NO.RESULTING CRIMINAL RECORD. g y holidays to REGULATION before Th You e 8arrnstabto le Clerkthe 82oo Maibove n StreLU et,either Hyannnis,MA 02601,or by mailing ngg a check,money ey order or ostal note to Barnstable Clerk P.O.Box 2430, CL Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. i (2 If you desire to contest this matter In a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST I 9UNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this I citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or ityou fell to appear for the hearing or to pay any fine determined at the i hearing to be due,criminal complaint may be Issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of$ Signature r r ' Anderson, Robin To: Florence, Brian Subject: 1000 Main St, WB Brian, Just a brief FYI: 1000 Main St, W. Barnstable (Eastman) represented by Tracey Taylor (concerning multi- family & boat storage) did not file the appeal per your recent conversation/email with Attorney Taylor. Today is the deadline for advertising. I will wait until the end of the day today and send out citations commencing tomorrow. p�96& Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi 5o8-862-4027 1 I C00 Main LLC, Peter Eastman, Appellants, �LERK �; TOWN OF BARNSTABLE Building Department Services, Building Division, Appellee. NOTICE OF APPEAL NOW COME THE APPELLANTS, 1000 Main LLC and Peter Eastman, and hereby appeal from the July 24, 2017 Notice of Zoning Ordinances Violation and Order to Cease, Desist and Abate the operation of a multii-ftamiy home and boat storage/maintenance. As grounds for this Appeal,Appellants state as follows: The Appellant is not in violation of Chapter 240 Section 20 B (1) (a) with regard to his operation of a multi-family home. The operation of the residential portion of the premises as a multi-family home is a pre-existinf;, non-conforming use that has existed prior to the adoption of the Barnstable Zoning Ordinance(to wit Chapter 240, Section 20B(l)(a)), and hence is allowed by right. Moreover, this use has never been discontinued or abandoned. The Appellant is not in violation of Chapter 240 Section 20 B (1) (a) with regard to his operation of boat storage/maintenance. The operation of the barn portion of the premises for boat storage/maintenance is allowed both as a pre-existing, non-conforming use and by virtue of a Special Permit allowing the maintenance, repair and sale of small boats with retail sale of supplies related thereto, which was granted on April 30, 1987 (Appeal No. 1987-35). This Special Permit was recorded with the Barnstable County Registry of Deeds at Book 5757, Page 1 266 and is still in full force and effect as none of these uses have ever been discontinued or abandoned. WHEREFORE,Appellant respectfully requests that the July 24, 2017 Notice of Zoning Ordinances Violation and Order to Cease, Desist and Abate the operation of a multii-ftamiy home and boat storage/maintenance be vacated. Respectfully submitted, Appellants By the' attorney, racey L. ay or BB O#56 . LAW OFFICE OF TRACEY L. TAYLOR 3206 Main Street P.O. Box 45 Barnstable, MA 02630 Telephone: (508) 362-3010 email: tltaylorlaw@verizon.net Dated: August 18, 2017 i 2 Town of Barnstable, MA Page 1 of 4 Town of Barnstable,MA Tuesday,January 23,2078 Chapter 240. Zoning Article III. District Regulations § 240-20. West Barnstable Village Business District. A. Purpose and intent. The purposes and intent of this section is to guide development and redevelopment in West Barnstable Village Business District so that it: (1) Promotes a location-appropriate scale and traditional mix of business, institutional and residential land uses that contribute to and respect the historic character and historic neighborhood development patterns. (2) Acknowledges the historic context of the village and preserves or enhances historic buildings or other historic resources. (3) Protects and preserves the historic and scenic streetscape. (4) Provides a variety of functions that support residents'day-to-day use of the district. (5) Supports and enhances the diverse local economy and retains established village goods and service offerings. (6) Preserves and protects the.traditional New-England village character of West Barnstable through architectural design that replicates in scale and character the best examples of traditional neighborhood design from the historic towns and villages of Cape Cod and New England to enhance the.aesthetic quality of Barnstable as a whole. (7) Conforms with the Old Kings Highway Regional Historic District Act. (8) Is consistent with the Barnstable Comprehensive Plan and the West Barnstable Village Plan. B. The following uses are permitted in the WBVBD, provided that no operation shall result in the treatment,generation,storage or disposal of hazardous materials,except as follows: household quantities; waste oil retention facilities for small-scale retailers of motor oil required and operated in compliance with MGL C. 21 §52A;oil on site for heating of a structure or to supply an emergency generator. (1) Principal permitted uses. (a) Single-family residential dwelling. A single-family residential dwelling may be freestanding or attached to a building also used for nonresidential uses. More than one single-family residential dwelling per lot is permitted as long as there is a minimum of one acre Iper single-family dwelling, but in no case will more than one principal permitted single-family residential dwelling be contained in any one building. (b) Small-scale retail store: https://www.pcode360.com/print/BA2043?guid=31772752 1/23/2018 Town of Barnstable, MA Page 2 of 4 (c) Professional,business or medical office. (d) Office of a bank,credit union,savings and loan or other financial institution. (2) Accessory uses.The following uses are permitted as accessory uses in the WBVBD: (a) Bed-and-breakfast operation within an owner-occupied single-family residential structure,subject to the provisions of§240-1111C(6) except Subsection C(6)(b)[1] and [2]. No more than three total rooms shall be rented to not more than six total guests at any one time in the WBVBD. No special permit shall be required in the WBVBD. For the purposes of this section,children under the age of 12 years shall not be considered in the total number of guests. (b) Automated banking facilities (ATM) shall be located within a principal building and shall not be accessed from the exterior of the building. (c) Accessory apartments as provided for in the Town of Barnstable Code, Chapter 9, Affordable Housing,Article II,Accessory Apartments and Apartment Units. (3) Special permit uses.The following uses are permitted,provided that a special permit is first obtained from the Special Permit Granting Authority(SPGA) subject to the provisions of §240-125C herein and subject to the specific standards for such uses as required in this section: r: (a) Artisans and craftspeople. (b) Personal service business. (c) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy subject to the provisions of§240-44.1. (4) Special permit performance standards. In addition to the standards for the grant of a special permit set forth in §240-125C,the grant of any special permit within the WBVBD requires findings to support that the development meets the following criteria: (a) Is compatible with and supports the purpose and intent of this section. (b) Mitigates impacts to safety and congestion from development. (c) Protects and preserves.water supply for both drinking water and fire protection. (d) Stormwater shall be contained on site and mitigated using best management practices. (e) Manages waste, by-products and other debris that may be associated with artisan and craft use in a manner compatible with abutting or nearby residential uses. (f) Does not generate noise,vibration,smoke, dust or other particulate matter,odors, heat,glare or intrude with similar nuisance on abutting or nearby residential uses. (g) Storage of all raw material and finished product associated with artisan or craft use shall be stored within a duly permitted permanent structure. All outdoor storage associated with artisan or craft use is prohibited. (h) Deliveries may.take place not sooner than one hour before, or later than one hour after the permitted operating hours of a business. (i) Vehicles are prohibited from running motors, refrigeration units or other mechanical units outside of permitted hours of operation. https://www.ecode360.com/print/BA2043?guid=31772752 1/23/2018 1-wn of Barnstable, MA Page 3 of 4 (5) Bulk regulations. Minimum Yard Setbacks Maximum Minimum Minimum Minimum Maximum Lot Lot Area Lot Lot Building Coverage (square Frontage Width Front3 Side Rear Height as%of feet) (feet) (feet) (feet) (feet) (feet) (feet) Lot Area 43,56o 16o — 30 30 30 30' 102 NOTES: 'Or two stories,whichever is lesser 2 No more than 33% of the total upland area of any lot shall be made impervious by the installation of buildings,structures and paved surfaces. 3 Front yard landscaped setback from the road lot line: 20 feet. Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials,in accordance with accepted landscape practices.Where natural vegetation cannot be retained,the front yard landscaped setback shall be landscaped with a combination of grasses,trees and shrubs commonly found on Cape Cod.A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections.All landscaped areas shall be continuously maintained,substantially in accordance with any site plan approved pursuant to Article IX herein. (6) Nonconforming use limitations. Within the WBVBD the change of a nonconforming use to another nonconforming Use is prohibited notwithstanding the provisions of§24o-94A.A nonconforming use shall only be permitted to change to a principal permitted use as of right or to a special permit use as provided for by the grant of,a special permit pursuant to §240-2oB(3)and (4) herein. (7) Corporate branding. Buildings, colors, signage, architectural features, text, symbols, graphics, other attention-getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation are prohibited. All structures and sites shall be designed to include architectural and design elements that are consistent with the WBVBD architectural composition, character,and historic context. Interior corporate branding elements shall not be visible to the street through windows, doors or by any other means. The Town will work with applicants to adapt critical functional features of prototype plans to.their sites, but will not accept standard plans, building forms,elevations,materials,or colors that do not relate to the site, adjacent development or West Barnstable community character. (8) Site development standards. In addition to Article IX,Site Plan Review,and Article VI,Off- Street Parking,the following additional requirements shall apply within the WBVBD. (a) Loading docks. Loading docks shall be screened from Meetinghouse Way(Route 149), Main Street (Route 6A), Lombard Avenue, Navigation Road, Packet Landing Road and Whitecap Lane with landscaping or fencing materials of an appropriate scale. (b) To the greatest extent feasible,all new parking areas shall be located to the side and rear of the building. Parking is not permitted in the required front yard setback with the exception of parking required by ADA compliance as determined by the Building Commissioner. https://www.ecode360.com/print/BA2043?guid=31772752 1/23/2018 -Town of Barnstable, MA Page 4 of 4 (c) Curb cuts and driveways. [1] Shared driveways and parking area interconnections are strongly encouraged. No more than one curb cut on Meetinghouse Way (Route 149, Main Street (Route 6A), Lombard Avenue, Packet Landing Road, Navigation Road and Whitecap Lane shall be allowed for any lot. For traffic safety and to reduce traffic congestion,no new driveways shall be permitted on Route 149, Route 6A, Lombard Avenue and Whitecap Lane within 200 feet of any intersection. [2] Driveways shall not exceed the width required by site plan review. (d) Lighting. In no case shall exterior or outdoor lighting cause glare that impacts motorists,pedestrians or neighboring premises. [1] All exterior lighting shall use full cutoff light fixtures in which no more than 2.5% of the total output is emitted at 9o°from the vertical pole or building wall on which it is mounted. [2] Up-lighting is prohibited. (9) Definitions.The following terms are defined in the WBVBD and shall not be construed to apply to other regulations. ARTISAN OR CRAFTSPERSON USE A small-scale use that typically employs one or two people who practice craft or artisan activities.A key feature of works produced by artisans or craftspeople is the high degree of manual expertise involved.The use must be compatible with abutting and nearby residential and nonresidential uses. The following is included in the definition of"artisan or craftsperson use:" (a) ARTISAN OR CRAFTSPERSON A person using manual skills to produce, in limited quantities, ornamental or functional works in ceramic,glass, metal, paper, wood or textiles. Examples include,without limitation,the following: drawing, painting,sculpture, pottery, photography,graphic design, interior design,fashion design,jewelry making, wood turning,glass blowing,furniture making, small wooden boat building, upholstering and weaving. PERSONAL SERVICE Establishments engaged in the provision of services, but not goods, of a personal nature to individuals and households. Such establishments include barbershop,beauty salon, clothing repair or seamstress shop, shoe repair shop, florist and day spas. Personal service establishments that are not commonly found in rural village environments such as check cashing services,fortune tellers,psychics, palm readers and similar services,spas and hot tubs for rent,tanning, piercing and similar services are prohibited. SMALL-SCALE RETAIL STORE Small stores and businesses,including but not limited to,corner groceries, bookstore, galleries and other small retail uses typically found in small New England towns.Small- scale retail does not include retail or commercial buildings or storage designed to serve a large volume of customers, e.g. gasoline and oil filling stations,garages for automotive repair. Small-scale retail is subject to corporate branding limitations as described herein and shall not include drive-through window service. [i] Editor's Note:Former§240-20,0-7,0-2 and 0-3 Office Districts,as amended,was repealed 7-74-2005 by Order No.2005-700. https://www.ecode360.com/printBA2043?guid=31772752 1/23/2018 Official Website of The Town of Barnstable - Property Lookup Page 1 of 5 I_ Select Language v Assessing Division Property Lookup Results - 2018 367 Main Street,Hyannis,MA.02601 BACK TO SEARCH<< Print Owner Information-Map/Block/Lot:179/0021-Use Code:1010 Owner Owner Name as of 1/1/17 1000 MAIN LLC Map/Block/Lot GIS MAPS PO BOX 125 179/002/ Property Address BARNSTABLE,MA.02630 1000 MAIN ST./RTE 6A(W.BARN.) Co-Owner Name Village:West Barnstable Town Sewer At Address:No GIS Zoning Value:SPLIT WBVBD;RF Assessed Values 2018-Map/Block/Lot:179 1 002/-Use Code:1010 2018 Appraised Value 2018 Assessed ValuePast Comparisons Building $202,000 $202,000 Year Assessed Value Value: Extra $43,300 $43,300 2017-$535,200 Features: 2016-$532,500 2015-$461,200 2014-`$462,200 Outbuildings:$65,000 $65,000 2013-$472,800 2012-$483,200 2011 -$463,800 Land Value: $222,700 $222,700 2010-$465,800 2009-$434,300 2018 Totals $533,000 $533,000 2008-$439,900 2007-$439,900 Tax Information 2018-Map/Block/Lot: 179/002/-Use Code:1016 Taxes W.Barnstable FD"Taz $0 (Commercial) Fiscal Year 2018 TAX RATES HERE W.Barnstable FD Tax(Residential)$ 1,481.74 Community Preservation Act Tax $153.66 Town Tax(Commercial) $0 http://www.townofbamstable.us/Assessing/propertydisplayscreenl 8.asp?ap... 1/22/2018 Official Website of The Town of Barnstable - Property Lookup Page 2 of 5 Town Tax(Residential) $ 5,122.13 6,757.53 Sales History-Map/Block/Lot:179/002/-Use Code:1010 History: Owner: Sale Date Book/Page: Sale Price: 1000 MAIN LLC 2013-12-11 27876/218 $540000 PACKET LANDING LLC 2007-08-21 22277/102 $1 BIRDSEY,CHARLES J&BIRDSEY,BARBARA T1987-06-15 5757/268 $360000 AUCLAIR,L RICHARD 1986-03-15 4959/238 $1 KENNEDY,ROBERT E ET AL 1980-07-31 3131/58 $0 Photos 179/002/-Use Code:1010 [Tye Sketches-Map/Block/Lot: 179/002/-Use Code:1010 f DA5 1. sns• 8" OAS BM: 7B. 6 6 10 P 3 As Built CardS:Ciick card#to view:Card#1 Constructions Details-Map/Block/Lot: 179/002/-Use Code:1010 Building Details Land Building value $202,000 Bedrooms 2 Bedrooms USE CODE 1010 Replacement Cost $252,516 Bathrooms 2 Full-0 Half Lot Size 0.89 (Acres) Model Residential Total Rooms 6 Appraised $222,700 Value Style Conventional Heat Fuel Oil Assessed $ Value 222,700 Grade Average Heat Type Hot Water Plus Year Built 1900 AC Type None 20 Interior Floors Pine/Soft Wood http://www.townofbamstable.us/Assessing/propertydisplayscreenl 8.asp?ap... 1/22/2018 Official Website of The Town of Barnstable - Property Lookup Page 3 of 5 Effective depreciation Stories 2 Stories Interior Walls Plastered Living Area sq/ft 2,399 Exterior Walls Wood Shingle Gross Area sq/ft 4,331 Roof Gable/Hip Structure Roof Cover Asph/F GIs/Cmp Outbuildings&Extra Features-Map/Block/Lot:179/0021-Use Code: 1010 Code Description Units/SQ ft Appraised Value Assessed Value BMT Basement- 1192 $23,800 $23,800 Unfinished WDCK Wood Decking 160 $2,600 $2,600 w/railings FOP Open Porch-roof- 490 $14,900 $14,900 ceiling FPL2 Fireplace 1.5 1 $4,600 $4,600 stories FGR2 Garage-Avg-Wd 615 $16,700 $16,700 Shingle BRN3 Barn w loft 1353 $34,300 $34,300 FGR2 Garage-Avg-Wd 420 $1.1,400 $11,400 Shingle Sketch Legend Property Sketch Legend 132N Bam-any 2nd story area. FPC Open Porch Concrete Floor REF Reference Only BAS First Floor,Living Area FTS Third Story Living Area(Finished) SOL Solarium BMT Basement Area(Unfinished)FUS Second Story Living Area SPE Pool Enclosure (Finished) ERN Barn GAR Garage TCIS Three Quarters Story(Finished) CAN Canopy GAZ Gazebo UAT Attic Area(Unfinished) CLP Loading Platform GRN Greenhouse UHS Half Story(Unfinished) FAT Attic Area(Finished) GXT Garage Extension Front UST Utility Area(Unfinished) FCP Carport KEN Kennel UTQ Three Quarters Story (Unfinished) FEP Enclosed Porch MZ1 Mezzanine,Unfinished UUA Unfinished Utility Attic FHS Half Story(Finished) PRG Pergola UUS Full Upper 2nd Story (Unfinished) FOP Open or Screened in Porch PRT Portico WDK Wood Deck PTO Patio http://www.townofbamstable.us/Assessing/propertydisplayscreen l 8.asp?ap... 1/22/2018 I I �1'�I ��� i O - � Official Website of The Town of Barnstable - Property Lookup Page 1 of 5 Select Language v Assessing Division Property Lookup Results - 2018 367 Main Street,Hyannis,MA.02601 <<BACK TO SEARCH<< APrint Owner Information-Map/Block/Lot:280/004/-Use Code:3841 Owner Owner Name as of /17 HBS HOLDINGS LL Map/Block/Lot GIS MAPS ' �� PO BOX 125 280/004/ BARNSTABLE,MA.02 res 164 BEALE WAY Vv Co-Owner Name D Village:Barnstable \ Town Sewer At GIS Zonin V ue:RF-1 Assessed Values 2018-Map/Block/Lot:280/0041-Use Code:3841 2018 Appraised Value 2018 Assessed ValuePast Comparisons Building $122,800 $122,800 Year Assessed Value Value: Extra $0 $0 2017-$992,600 Features: 2016-$992,600 2015.-$1,168,000 2014-$1,168,000 Outbuildings:$151,500 $151,500 2013-$1,168,000 2012-$982,200 2011 -'$982,200 Land Value: $718,300 $718,300 2010-$1,053,800 2009-$1,005,400 2018 Totals $992,600 $992,600 2008-$964,800 2007-$964,800 Tax Information 2018-Map/Block/Lot:280 1 004/-Use Code:3841 Taxes Barnstable FD Tax(Commercial)'$2,948.02 Barnstable FD Tax(Residential) $0 Fiscal Year 2018 TAX RATES HERE , Community Preservation Act Tax $259.37 Town Tax(Commercial) $8,645.55 Town Tax(Residential) $0 $11,852.94 Sales History-Map/Block/Lot:280/004/-Use Code:3841 http://www.townofbarnstable,us/Assessing/propertydisplayscreen 18.asp?ap... 1/22/2018 Official Website of The Town of Barnstable - Property Lookup Page 2 of 5 History: Owner: Sale Date Book/Page: Sale Price: HBS HOLDINGS LLC 1998-05-18 11436/35 $86750 MARSHALL,R CLARK&W HERBERT TRS1989-06-15 6757/55 $86000 HOWARD,JOHN G JR 560/87 $0 Photos 280 1 004/-Use Code:3841 - M Sketches-Map/Block/Lot:280!0041-Use Code:3841 This property contains multiple sketches. Please use the navigation below the sketch to browse sketches. ° Q.s rN 2 it Current Building ID=101185 derails hetow Additional Sketches 1 121 Click Here for print version that displays all sketches at once AsBuilt Card N/A Constructions Details-Map/Block/Lot:280/004/-Use Code:3841 Building . Details Land Building value $122,800 Bedrooms 00 USE CODE 3841 Replacement Cost $69,409 Bathrooms Lot Size(Acres) 0.5 Model .Commercial Total Rooms Appraised $718,300 Value Style Boathouse Heat Fuel None Assessed Value $ 718,300 Grade Average Heat Type None Year Built 1930 AC Type None 35 Interior Floors Pine/Soft Wood • i http://www.townofbams'table.us/AssQssing/propertydisplayscreenl 8.asp?ap... 1/22/2018 Official Website of The Town of Barnstable - Property Lookup Page 3 of 5 Effective depreciation Stories 1 Interior Walls Minimum Living Area sq/ft 1,485 Exterior Walls Wood Shingle Gross Area sq/ft 1,764 Roof Gable/Hip Structure Roof Cover Asph/F GIs/Cmp Outbuildings&Extra Features-Map/Block/Lot:280/004/-Use Code:3841 Code Description Units/SQ ft Appraised Value Assessed Value SHED Shed 312 $400 $400 SHED Shed 128 $100 $100 WDCK Wood Decking 439 $2,200 $2,200 w/railings WDCK Wood Decking 168 $1,200 $1,200 w/railings DKHD Dock-Heavy 1 $147,600 $147,600 Sketch Legend Property Sketch Legend B2N Bam-any 2nd story area FPC Open Porch Concrete Floor REF Reference Only BAS First Floor,Living Area FTS Third Story Living Area(Finished) SOL Solarium BMT Basement Area(Unfinished)FUS Second Story Living Area SPE Pool Enclosure (Finished) BRN Barn GAR Garage TQS Three Quarters Story(Finished) CAN Canopy GAZ Gazebo UAT Attic Area(Unfinished) CLP Loading Platform GRN Greenhouse UHS Half Story(Unfinished) FAT Attic Area(Finished) GXT Garage Extension Front UST Utility Area(Unfinished) FCP Carport KEN Kennel UTQ Three Quarters Story (Unfinished) FEP Enclosed Porch MZ1 Mezzanine,Unfinished UUA Unfinished Utility Attic FHS Half Story(Finished) PRG Pergola UUS Full Upper 2nd Story (Unfinished) FOP Open or Screened in Porch PRT Portico WDK Wood Deck PTO Patio aPrint 'Contact http://www.to.wnofbamstable.us/Assessing/propertydisplayscreen l 8.asp?ap... 1/22/2018 • Official Website of The Town of Barnstable - Property Lookup Page 2 of 5 History: Owner: Sale Date Book/Page: Sale Price: HBS HOLDINGS LLC 1998-05-18 11436/35 $86750 MARSHALL,R CLARK&W HERBERT TRS1989-06-15 6757/55 $86000 HOWARD,JOHN G JR 560/87 $0 Photos 280/004/-Use Code:3841 w Sketches-Map/Block/Lot:280/004/-Use Code:3841 This property contains multiple sketches. Please use the navigation below the sketch to browse sketches. U B', .' . 20 BA$p �e t 0 WOK,Z - 20 - Current Building ID=22189 derails below Additional Sketches 1 121 Click Here for print version that displays all sketches at once AsBuilt Card N/A Constructions Details-Map/Block/Lot:280/0041-Use Code:3841 Building Details Land Building value $122,800 Bedrooms 00 USE CODE 3841 Replacement Cost $94,016 Bathrooms 0 Full-0 Half Lot Size 0.5 (Acres) Model Commercial Total Rooms Appraised $718,300 Value Style Family Heat Fuel None Assessed $ Conver. Value 718,300 Grade Average Heat Type None Year Built 1930 AC Type None http://www.townofbamstable.us/Assessing/propertydisplayscreenl 8.asp?ap... 1/22/2018 i • Official Website of The Town of Barnstable - Property Lookup Page 3 of 5 Effective 35 Interior Typical depreciation Floors Stories 1.5 Interior Walls Minimum Living Area sq/ft 1,288 Exterior Walls Wood Shingle Gross Area sq/ft 2,239 Roof Gable/Hip Structure Roof Cover Asph/F GIs/Cmp Outbuildings&Extra Features-Map/Block/Lot:280/004/-Use Code:3841 Code Description Units/SQ ft Appraised Value Assessed Value SHED Shed 312 $400 $400 SHED Shed 128 $100 $100 WDCK Wood Decking 439 $2,200 $2,200 w/railings WDCK Wood Decking 168 $1,200 $1,200 w/railings DKHD Dock-Heavy 1 $147,600 $147,600 Sketch Legend Property Sketch Legend 132N Bam-any 2nd story area FPC Open Porch Concrete Floor REF Reference Only BAS First Floor,Living Area FTS Third Story Living Area(Finished) SOL Solarium BMT Basement Area(Unfinished)FUS Second Story Living Area SPE Pool Enclosure (Finished) BRN Bam GAR Garage TQS Three Quarters Story(Finished) CAN Canopy GAZ Gazebo UAT Attic Area(Unfinished) CLP Loading Platform GRN Greenhouse UHS Half Story(Unfinished) FAT Attic Area(Finished) GXT Garage Extension Front UST Utility Area(Unfinished) FCP Carport KEN Kennel UTQ Three Quarters Story (Unfinished) FEP Enclosed Porch MZ1 Mezianine,Unfinished UUA Unfinished Utility Attic FHS Half Story(Finished) PRG Pergola UUS Full Upper 2nd Story (Unfinished) FOP Open or Screened in Porch PRT Portico WDK Wood Deck PTO Patio n f Print Contact d htt ://www.t p ownofbarnstable.us/Assessing/propertydisplayscreenl8.asp.ap... 1/22/2018 i, Anderson, Robin I� From: Tracey L. Taylor<tltaylorlaw@verizon.net> Sent: Friday, January 12, 2018 2:13 PM To: Florence, Brian Cc: Anderson, Robin Subject: Re: 1000 Main Street, West Barnstable Thank you for that information, Brian. I guess the misunderstanding as to the appeal process came about because the second to last paragraph of the cease and desist order states that "And, if aggrieved by this notice and order, to show cause as to why you should not be required to do so by filing and appeal with the Town Clerk of Barnstable, a Notice of Appeal (specifying the ground thereof) within thirty (30) days of the receipt of this order (in accordance with Chapter 40A Section 15 of the Massachusetts General Laws." So we have been waiting for a response from the ZBA since mid-August. In any event, I will review the need to apply for special permits and/or variances with Mr. Eastman and expect he will take the appropriate action in the immediate future. Thanks again and have a nice weekend! Tracey Tracey L. Taylor, Esquire LAW OFFICE OF TRACEY L. TAYLOR 3206 Main Street P.O. Box 45 Barnstable, MA 02630 Phone: (508) 362-3010 Fax: (508) 437-7923 E-mail: tltaylorlaw .verizon.net www.traceAavlorlaw.com On Jan 11, 2018, at 3:32 PM, Florence, Brian <Brian.Florence@town.bamstable.ma.us>wrote: Attorney Taylor, Thank you for your follow-up email. It looks like you created an appeal document on your own and did not file it correctly. There is an actual Zoning Board Appeals application that must be completed and submitted to the Planning Department as well as the Town Clerk. Depending on the relief that you need those documents can be found at: http://www.townofbarnstable.us/ZoningBoard/ZBA%20Specail%2OPermit%2OApplication.pdf(Special Permit) ht_tp://www.townofbarnstable.us/Zoning Boa rd/ZBA%20Variance%20Application.pdf(Variance) The cease and desist letter has the information that you need for an appeal. Nevertheless, you would do well to speak with Elizabeth Jenkins or a staff member from the Planning Department for instructions on making an appeal. They can be reached'at: Planning& Development- Elizabeth Jenkins, Director-508-862-4785 Please contact me right away if you have any questions or concerns. i Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 0260.1 1 r I 508-862-4038 Brian.forence@town.barnstable.ma.us i From: Tracey L. Taylor [mailto:t1taylorlaw0werizon.net] Sent: Thursday, January 11, 2018 3:08 PM To: Florence, Brian Subject: Re: 1000 Main Street, West Barnstable Thank you, Brian. I did file an appeal with the Town Clerk but never heard anything in response. Not sure what else I need to do. Is there a good time for you to discuss this with me? Tracey Tracey L. Taylor, Esquire LAW OFFICE OF TRACEY L. TAYLOR 3206 Main Street P.O. Box 45 Barnstable, MA 02630 Phone: (508) 362-3010 Fax: (508) 437-7923 E-mail: tltaylorlaw _verizon.net www.trace)taylorlow.com On Jan 11, 2018, at 11:37 AM, Florence, Brian<Brian.Florence a,town.barnstable.ma.us> wrote: Attorney Taylor, I am following-up on a complaint that we received over the summer and a subsequent order to Cease and Abate. The compliant was reinitiated today. As you will recall you and I discussed the matter on the telephone in October and I was given assurances by you that your client intended to appeal the cease and desist order or seek zoning relief for the use of the site from the Barnstable Zoning Board of Appeals. (please see your email below). I am prepared to instruct staff to issue a non-criminal citation and fines on this matter but I wanted to give you the courtesy of an email before I do. If a proper appeal is filed with the zoning board before the end of next week we will refrain from issuing fines and will only issue a warning citation, if not then obviously we will need to proceed with enforcement and seek any remedies allowed by law in order to obtain compliance. Please feel free to contact me if you have any questions. Regards, Brian Florence, Building Commissioner/Town of Barnstable 200 Main Street Hyannis, MA 02601 2 i (508) 862-4038 Brian.florence@Town.barnstable.ma.us Hi Brian. I am writing to confirm that my client, Peter Eastman, will be filing an application for zoning relief relative to the multi-family and boat maintenance storage usage of the above-referenced premises in the immediate future. Tracey Tracey L. Taylor, Esquire LAW OFFICE OF TRACEY L. TAYLOR 3206 Main Street P.O. Box 45 Barnstable, MA 02630 Phone: (508) 362-3010 Fax: (508) 437-7923 E-mail: tlta low rlaw a,verizon.net www.traceytaylorlaw.com 3 PETER C. EASTMAN February 12,2018 Brian Florence,Building Commissioner Town of Barnstable 200 Main Street Hyannis,MA 02601 Dear Brian, Following up from our discussion this morning,I'm writing with regard to 1000 Main Street,West Barnstable. As I've told you, I've hired Attorney Ron Jansson to help me with this matter. Ron is traveling today,so I am writing to you myself. I have paid my current fines as of this morning,and am requesting a 10-day extension from this Wednesday February 14th in order for us to make a filing with the Zoning Board of Appeals with regard to the matters pertaining to 1000 Main Street,West Barnstable. Please confirm receipt of this letter and if it meets with your department's approval. I appreciate your help with this matter. Sincerely yours, Peter C.Eastman 1000 Main,LLC I! -k Anderson, Robin From: peastman@aol.com Sent: Monday, February 12, 2018 11:32 AM To: Florence, Brian Cc: JanssonLaw@Comcast.net; Anderson, Robin Subject: 1000 Main Street-West Barnstable Attachments: ZBA Filing Extension Letter 2-12-18.doc Hello Brian, I've attached the letter we discussed regarding an extension to file with ZBA. Please let me know if you need something more than this. Thank you, Peter Eastman 1 • t own oI tsarnstaale Building Department Services Ft"e rqi�� Building Division Jeff Lauzon,Acting Building Commissioner wuasrestA = 200 Main Street,Hyannis,MA 02601 KAss. �`bprf0 �► )38 Fax: 508-790-6230 Notice of Zoning Ordinances Volation(s) and Order to Cease, Desist and. Abate.' 1000.Main LLC, Peter Eastman, and all persons having notice of this order. As owner/occupant of the premises/structure located at 1000 Main St,W Barnstable,MA 02668 ""-1 4,179.Parcel 002,you are hereby notified that you are in violation of the Town of Barnstable Zoning Qrdinanoes and are ORDERED this date,July 24,2017 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION:. Violation of Town of Barnstable Zoning Ordinances: Chapter.'240 Section 20 B (1) (a) WB`ViUhge Business District 2. COMMENCE immediately,action to abate this violation. _ SUMMARY OF ACTION TO ABATE: Operation-of a multi-family home and boat storage/maintenance. Remedy: •Immediately relocate all commercial activity (marine related uses) to a zoning appropriate commercial location. Must restore and reconfigure property to a single family home. All necessary permits and inspections are.required to close out complaint. And;if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as ihe:law requires will be taken. B order, Robin C.Anderson Zoning Enforcement Officer Q/FORMS/viozonel ' 1000 Main LLC Peter Eastman PO Box 125' Barnstable,MA 02630 Q/FORMS/viozonel NAME Of OFFENDER' "A' r x•4 r +,:. c A c. TOWN OF (�a�� jr,,, BA",fi, 3y4 ADDRESS OF ER' _ ' 1 �'•- _4 ry BARNSTABLE CITY,STATE,ZIP CODE MB.RE6ISTRATIONNUMBER�A - }f ^''h IIAN\�l'ARLE,D! ENSE �z) 2' r - StASS. V .1 • .� / �^ l/� �j p YuJ•P.Inrn+�>T�,Laa,,.J.y,.fir tf���;��. r •+ ME DDATE 0 �L IIOLATIO NOTICE OF LL,. �'- ` ''+•i mkt}; n _ '^s J I 66 VIOLATION l S' " R OE.ENFORC SO E -ING DEPT 1� / c / r> /,r 9ADGE +G'> y.� yQj R. .I r.Y��"I' �. (.t.' f/�"1 .� 'i�+ �07 r� ��'_'y.•c'°5� eY 3h{t � .�:�tAty! OF TOWN I HE�E�Y ACKNOWLEDGE RECEIPT OF CITATION X I. fir. a ORDINANCE Unable it obtain Sig at e o o der. THE NONCRIMINAL FINE FOR THIS OFFENSE,IS Date mailed. I �' OR `, g7 'W _ YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILLOgERATE AS A FINALd REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. pry (1)You may elect to pay'the above fine,either by appearing In person between 8 30 A M and 4 OO;PM Mondayy through Friday Iegal.holidays ezcepied'I W ' before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by meJhng a cneck money order or postallnote to Eiamstable Olerk P t�BoxJ2430 ,. ry Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. t�P}� UNSTABLE you desire to contest this matter Ina noncriminal proceeding,you may do so by-making written request to.DISTRICT000RT DEPARTMENT''FIRST F t6 Pam; ARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA'02680t Atln 21D Noncnmmal Heart�ngs and enclose`a'copy;of thisi I��' citation for a hearing. (3)If you fall to pay the above offense or to request a hearing within 21 days,or if you.fa,l fo appear for the fieadn or to floe determined�at hearing to be due,criminal,complaint may be Issued against you. J/ 9 �£sp ;w it v x I+HEREBY ELECT the first option above,confess to the off ense.charged,and enclose payment m,the amount of$ T c a � L t �. �•A r Signature � tv� NZ-5. ' NAME OF OFFENDER 1111!111111..r1� r , TOWN OF ADDRESS 0'OfF DER B}AR� 104 I�J /� 1,J /� ,T•�,~�+�.��'W+�`W-ri.,'�. �rtt iE4` I BARNSTABLE CITY.STATE.'ZIP 'DE Har � t�ltttnli a a `icy, ` MASS. �I\` �ti`ai.e7 r►��8 .Ly U �O L'Vln �W ar 1 fr- TIM_E AND DATE OF VIOLATION' a,�NOTI E OF ' �.M)/ P.M. ON L CATION•OF.VIOLATION VIOLATION SIG�ATyREQFENF({RCI bPff ON J .,.1� LENIN6 0E `1{R '1 J 4BADGE'NO }pt.+v �', OF TOWN i L �9. a ,"' f ^'. I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X "�� C� ORDINANCE. a-�- t nable to obtain ignature of offende y �z .:*tl,;< T 9 a'�b 8'1`P'FY "ati �Q c, I Date mailed '�3— THE NONCRIMINAL FINE FOR THIS OFFENN A 'OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2j W L'OPERATE;AS�A FINAL ear ` f DISPOSITION WITH NO RESULTING CRIMINAL RECORD. REGULATION : .. K N� s K ' ' titb' � t (1)You may electio pay the above floe;either by appearing In person between&30'A.M.and 4 00 PM:,Monde thro h Frida le al holidays.- s} before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or byy mailing a ch y Y 9 ys exceppted' r Hyannis,MA 02601,WITHIN TWENTY ONE(21)DAYS OF THE DATE OF THIS NOTIC�E'.money order or postal note to Bamstable Clerk�POtBox 2430 (2)If you desire to contest this matter in a noncriminal proceed ng,'you may do so BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET BARNSTABLE,fMma0268gOWAttrre�21D Noncnminalal Hleanngs eit PA d endoE58 co��a�pJ �n I citation fora hearing. .LW s sv � s (3)If you tail to pay the above offense or to request a hearing within 21 days,or B you fall to appear for the heanng or to pay arty floe determinediatithe/ N-1 N -» hearing to be due,criminal complaint may be Issued against you. 7 1` ❑ 1 HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of$ Signature y ]7'•4��4 S ' 6._ s+ Jd r /f' - _. _ ' � _�3--I �� i i - - � --- Date: Jan. 11, 2018 To: Building File RE: Complaint: Boat Storage/Multi-family Use Address: 1000 Main St,WB R179-002 Originator: Nancy Trafton Contact: 508-280-6458 Complaint: Property owner is using yard for boat storage also using SF home as a multi-family rental. This is a continuation of a previous complaint. Property owner was intending to file an appeal ' with the ZBA claiming non-conforming rights to both uses. A filing was presented to Town Clerk's office and Legal was copied but the "appeal" was never formally or properly filed with the ZBA(no application, no fee, and no plan). Attorney Taylor was made aware of this by Brian last fall. Enforcement Process Steps 1. Initiate local investigation Yes 2. Document/enter into system Yes 3. Contact On file 4. Contact Yes—with owner& owner's attorney 5. Seek access to subject property 6. Seek administrative warrant(if necessary) 7. Notify state authorities of findings 8. Document conclusion 9. Complaint Status Open Action Date:01/11/2018 1. Brian emailed property owner's attorney,Tracey Taylor on 1/11/18. 2. RA advised Ms.Trafton that BC was seeking an update on appeal status via email to attorney. 3. If appeals are not properly filed by Fri. 1/19/18 citations shall be issued. Action Date: 01/23/2018 Issued Citations:01/23/18 81604 Boat storage$100.00 81603 Multi-family$100.00 01/25/2018 Mr. Eastman contacted Building Commissioner via email. BC advised of a 21 day stay to appeal tickets or file with zoning board. Email attached. Subsequent tickets may be issued on 2/14/18. 02/12/2018 Mr. Eastman came in and paid both citations. He submitted.a written request for extension to stay enforcement until his attorney, Ron Janssen can file his appeal. X Anderson, Robin From: Florence, Brian Sent: Thursday, January 11, 2018 11:38 AM To: 'titaylorlaw@verizon.net' Cc: Anderson, Robin Subject: RE: 1000 Main Street, West Barnstable Attorney Taylor, I am following-up on a complaint that we received over the summer and a subsequent order to Cease and Abate. The compliant was reinitiated today. As you will recall you and I discussed the matter on the telephone in October and I was given assurances by you that your client intended to appeal the cease and desist order or seek zoning relief for the use of the site from the Barnstable Zoning Board of Appeals. (please see your email below). I am prepared to instruct staff to issue a non-criminal citation and fines on this matter but I wanted to give you the courtesy of an email before I do. If a proper appeal is filed with the zoning board before the end of next week we will refrain from issuing fines and will only issue a warning citation, if not then obviously we will need to proceed with enforcement and seek any remedies allowed by law in order to obtain compliance. Please feel free to contact me if you have any questions. Regards, Brian Florence, Building Commissioner/Town of Barnstable 200 Main Street Hyannis, MA 02601 (508) 862-4038 Brian.forence@Town.barnstable.ma.us Hi Brian. I am writing to confirm that my client, Peter Eastman, will be filing an application for zoning relief relative to the multi-family and boat maintenance storage usage of the above-referenced premises in the immediate future. Tracey Tracey L.Taylor, Esquire LAW OFFICE OF TRACEY L.TAYLOR 3206 Main Street P.O. Box 45 Barnstable, MA 02630 Phone: (508) 362-3010 Fax: (508)437-7923 E-mail: tltaylorlaw@verizon.net www.traceytaylorlaw.com i 1 Anderson, Robin From: Florence, Brian Sent: Thursday, January 11, 2018 3:33 PM To: 'Tracey L. Taylor' Cc: Anderson, Robin Subject: RE: 1000 Main Street, West Barnstable Attorney Taylor, Thank you for your follow-up email. It looks like you created an appeal document on your own and did not file it correctly. There is an actual Zoning Board Appeals application that must be completed and submitted to the Planning Department as well as the Town Clerk. Depending on the relief that you need those documents can be found at: http://www.townofbarnstable.us/ZoningBoard/ZBA°/a20Specail%2OPermit%20Application.pdf(Special Permit) http://www.townofbarnstable.us/ZoningBoard/ZBA%20Variance%a20Application.pdf(Variance) The cease and desist letter has the information that you need for an appeal. Nevertheless, you would do well to speak with Elizabeth Jenkins or a staff member from the Planning Department for instructions on making an appeal. They can be reached at: Planning& Development- Elizabeth Jenkins, Director-508-862-4785 Please contact me right away if you have any questions or concerns. Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.forence@town.barnstable.ma.us From: Tracey L. Taylor [mailto:tltaylorlaw@verizon.net] Sent: Thursday, January 11, 2018 3:08 PM To: Florence, Brian Subject: Re: 1000 Main Street, West Barnstable Thank you, Brian. I did file an appeal with the Town Clerk but never heard anything in response. Not sure what else I need to do. Is there a good time for you to discuss this with me? Tracey Tracey L. Taylor, Esquire LAW OFFICE OF TRACEY L. TAYLOR 3206 Main Street P.O. Box 45 Barnstable, MA 02630 Phone: (508) 362-3010 Fax: (508) 437-7923 E-mail: tltaylorlaw _verizon.net www.traceAavlorlaw.com On Jan 11, 2018, at 11:37 AM, Florence, Brian <Brian.Florence@town.barnstable.ma.us>wrote: i Attorney Taylor, I am following-up on a complaint that we received over the summer and a subsequent order to Cease and Abate. The compliant was reinitiated today. As you will recall you and I discussed the matter on the telephone in October and I was given assurances by you that your client intended to appeal the cease and desist order or seek zoning relief for the use of the site from the Barnstable Zoning Board of Appeals. (please see your email below). I am prepared to instruct staff to issue a non-criminal citation and fines on this matter but I wanted to give you the courtesy of an email before I do. If a proper appeal is filed with the zoning board before the end of next week we will refrain from issuing fines and will only issue a warning citation, if not then obviously we will need to proceed with enforcement and seek any remedies allowed by law in order to obtain compliance. Please feel free to contact me if you have any questions. Regards, Brian Florence, Building Commissioner/Town of Barnstable 200 Main Street Hyannis, MA 02601 (508) 862-4038 Brian.florence@Town.barnstable.ma.us Hi Brian. I am writing to confirm that my client, Peter Eastman, will be filing an application for zoning relief relative to the multi-family and boat maintenance storage usage of the above-referenced premises in the immediate future. Tracey Tracey L. Taylor, Esquire LAW OFFICE OF TRACEY L. TAYLOR 3206 Main Street P.O. Box 45 Barnstable, MA 02630 Phone: (508) 362-3010 Fax: (508) 437-7923 E-mail: tltaylorlaw@verizon.net www.trace3gaylorlaw.com z 9 f v I f Date: Jan. 11, 2018 To: Building File RE: Complaint: Boat Storage/Multi-family Use Address: 1000 Main St, WB R179-002 Originator: Nancy Trafton Contact: 508-280-6458 Complaint: Property owner is using yard for boat storage also using SF home as amulti-family rental. This is a continuation of a previous complaint. Property owner was intending to file an appeal with the ZBA claiming non-conforming rights to both uses. A filing was presented to Town Clerk's office and Legal was copied but the "appeal" was never formally or properly filed with the ZBA(no application, no fee, and no plan). Attorney Taylor was made aware of this by Brian last fall. Enforcement Process Steps 1. Initiate local investigation 2. Document/enter into system 3. Contact previous Plumber for statement 4. Contact owner/GC a. Hostetter 774-602-0142 or 508-428-2828 5. Seek access to subject property 6. Seek administrative warrant(if necessary) 7. Notify state authorities of findings 8. Document conclusion 9. Complaint Status Action Date:01/11/2018 1. Brian emailed property owner's attorney,Tracey Taylor on 1/11/18. 2. RA advised Ms.Trafton that BC was seeking an update on appeal status via email to attorney. 3. If appeals are not properly filed by Fri. 1/19/18 citations shall be issued. Conclusion: 1. Initiate local investigation: 2. Document/enter into system .. r a. Complaint logged 3. Contact 4. Contacted owner: 5. Seek access to subject property: 6. Seek administrative warrant (if necessary a. 7. Notify state authorities of findings 8. Official conclusion: 9. Complaint Status: a. Open Anderson, Robin From: Florence, Brian Sent: Monday, February 12, 2018 12:42 PM To: 'peastman@aol.com' Cc: JanssonLaw@Comcast.net; Anderson, Robin Subject: RE: 1000 Main Street-West Barnstable Mr. Eastman, Thank you for your email. The citations that you received were written on 1/23/18 and expire on 2/13/18. 1 have approved a 10 day stay of enforcement, valid through 2/23/18. If the violations are abated or you have submitted an application for a zoning board of appeals prior to that date then no enforcement action will be taken. However, please be advised that the special permit must be pursued diligently during this time. Regards, Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.forence@town.barnstable.ma.us From: peastman@aol.com [mailto:peastman@aol.com] Sent: Monday, February 12, 2018 11:32 AM. To: Florence, Brian Cc: JanssonLaw@Comcast.net; Anderson, Robin Subject: 1000 Main Street - West Barnstable Hello Brian, I've attached the letter we discussed regarding an extension to file with ZBA. Please let me know if you need something more than this. Thank you, Peter Eastman 5 l Y' Date: August 22, 2017 To: Building File From: Robin C. Anderson, ZEO Re: Response to Appeal of Cease & Desist Order Location: 1000 Main Street, W. Barnstable M&P R179-002 Zbne: WBVBD/RF Answers in response to points identified in Notice of Appeal of Cease & Desist Order filed with Town Clerk on August 21, 2017. 1. The multi-family home is pre-existing non-conforming. a. The original multi family use was established in the 1930's. (See SP 1987- 35). 2. The pre-existing nonconforming use was never discontinued or abandoned. a. The application for SP 1987-35 identifies Mr. Birdsie's intent to "renovate" the residential structure resulting in an apartment on the 2"d floor & an adoption office on the first floor. (See present&proposed use section on the application sheet for SP 1987-35) b. The street file contains references to the use of an office on the first floor for the purposes of an adoption agency operated by the applicant's wife. 3. There is no violation with regards to the maintenance and storage of boats. a. Currently, the rear yard contains multiple shrink wrapped boats in violation of the SP 1987-35. This permit limits the outdoor display to one boat which is associated with the prior occupant's boat building/repair business. b. Notes from former Health Inspector Cynthia Martin, dated Oct 21, 2008 indicate that the boat building and haz mat uses were discontinued based upon a direct conversation she had with the property owner, Mr. Birddie. Her assessment was also supported by a distinct lack of hazardous materials found on site during that inspection. Subsequently, Health ceased their annual haz mat inspections. 4. Boat maintenance and storage is allowed by Special Permit 1987-35. a. SP 1987-35 limits the storage of boats to one on display. b. The SP does not allow the mass storage of boats on site. C. Mr. Birdsie discontinued the boat building/repair uses in 2008.(See Health memo to file 2008) 5. The Special Permit was recorded in Book 5757 Page 266. a. The SP was in fact recorded on June 4, 1987 in Book 5757 Page 266. 6. The Special Permit was not discontinued or abandoned. a. The nonconforming rights to a multifamily were abandoned when Mr. Birdsey reconfigured the residential structure in 1987 to be one (two) bedroom dwelling unit on the 2"d floor and one (adoption) office on the I" floor. b. The established boat building/restoration/maintenance uses were noted to be abandoned in 2008 by a Health inspector. c. No subsequent evidence was submitted to dispute that finding by Health. d. No application to change, intensify or re-establish any aforementioned use is on file. e. Building's street file contains letters from abutters that include some history about the property. The information submitted disputes the notation that the nonconforming uses and conditions of the special permit had continued unabated. 240-20 West Barnstable Village District Principal permitted uses do not include multi family or boat storage and repair. 240-20 (6) Nonconforming use limitations Changing from one NC use to another is prohibited notwithstanding the provisions of 240-94A. A nonconforming use is permitted to change to principal permitted as of right or to use permitted by special permit in that district. The adoption office was opened and operable for a number of years at this location on the first floor. q ❑❑ L,LL "OWN OF BARNSTA61F.-I Zoning Board of Appeals 87 jig 13 Ph 3 51 L. :.ichard �,uclair Deed duly recorded in the _......_ Property Owner County Registry- of Deeds in Book ....__.._.___... Charles S. Birdsey Petitioner District of t.lie Land Court Certificate No. _.__..__..... ___....____...... Liool: „..................... Pane __...._...... _Appeal No. ___.... _1987-35.. .._............ .... 1S; FACTS and DECISION Petitioner ____ Charles S.. Birdsey _ filed petition on _. ....___ ___. 19 1000 Main Street requesting a variance-permit for premises at _.__ .. _ r „.:_.� .__. _.._......._..._.....__._........_............. is the village (Sheet) West Barnstable of adjoining premises of _^_.__. (see attached list.) _ _..__......:_.__.__. Lucus Ladrr consideration: Barnstable Assessor's ;t7ap no. _ :. 179................._. '�t i. 2 Petition for Special Permit: ❑ Application for Variance: ❑ made under Sec. ._ K __...._...._...___._____ .. of the Town of Barnstable Zoning by-laws and Sec. Chanter 40A., I'lass. Gen. Laws for the purpose of to allow the maintenance, repair and sale of small boats with retail sale of supplies�related_thereto. Locus is presently zoned in .: ...._....Village ,Business B Notice of this hearing was given by mail, hostage 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 file record of these proeet•iiin'_s filed with i'owl, CiieIk. A public hearing by the hoard of :\ppeals of the Town of Barnstable was held at the Tou-n Office Building, Hyannis, Mass., at ..8:00_.__ I'.31. APri1 .30,......•.._. 19 87 'upon said petition under zoning by--)aws. Present at the hearine were the nuemhers: _.Richard .L.__Bov4— _Gail Ni ht,inoale &.. _a._......._........... _._..._.Ronald _,l...........—__..... sgn Chairman Luke P. Lally Dexter Bliss r At the conclusion of t,.,, hearing, the Board took said petition t. .er advisement. A view of the locus was made by the Board. Appeal No _193Z=.a5_....__ __.__ Page __... __ _ of On April 30, 19 ._...-87, The Board of Appeals found Attorney Richard Burling represented the petitioner, Charles J. Birdsey who has a purchase and sale agreement for the property located at Lot 10, 1000 Main St. , W. Barnstable in a Village Business zoning district. Mr. Auclair who is the current owner has an antique business on the locus which contains 38,800 square feet and three structures. The petitioner desires to renovate an existing barn and operate a small boat repair and restoration business with sale of supplies related thereto. There is to be no change in the footprint of the building. main There are several apartments in the/building since the 1930s; the petitioner intends to use one apartment in the main house and there is going to be one office use by the petitioner's wife who runs an adoption agency. There is an existing two car garage which will be used only for the storage of vehicles. At the present time, there is a deg ^restriction. The current owner is the trustee of Barnstable Rlty. Trust/agree to sign an amendment to be recorded in the Registry of Deeds for Lot 10, to amend the restriction, of non-business use with the exception of an antique shop. Ronald Jansson made a motion to grant the Special Permit under P (14) of the Zoning By-Law on the basis that the proposed renovation would not constitute a use that would be subtantially more detrimental than what currently exists - the motion was seconded by James McGrath. The Board voted unanimously to grant a Special Permit with the restriction that there be no more than one boat on display outside at any one time. Clerk or the Town of Barnstable, Barnstable Counts, Massachusetts, hereby certify that twenty (20) days have. ellapsed since the Board of Appeals rendered its decision in the above untitled petition and that no appeal of said deeision leas been filed in the office of the Town Clerk. Sipueel and Sealed this . �........ da. ni' _..... _........ .�:....................... 19 :L _.:.-_ under the pains and penalties of perjury. 1 Distribution:— PropertyOwner .............................................__...................._............ Town Clerk B,-)ard of Appeals .Applicant Town of Barn Persons interested Building Inspector Public Information ]t� ...._ �. .... .,.: ...... �. ._..__... linard of Appeals Chairman r -�� -•,•ulC• MASS. AreL'AL f4u: - •� VAK t�!rnrwa'/% 87 APn 15 AMll 26 TOWN OF BARNSTABLE '� v V P PETITION FOR SPECIAL PEMMIT UNDER THE ZONING BYLAW To the Board of Appeals, Town Hall,Hyannis,MA 02601 Date March 27 19 27- The undersigned petitions the Board of Appeals to vary,in the manner and for the reasons hereinafter set forth,the application of the provisions of the zoning bylaw to the following described premises. Applicant- -- CHARLES J. BIRDSEY 192-314' (Full Name) (Telephone Number) Address: -- 185 Mgadow Lane, W_ Rarnstahla,' Ma 0?668 Owner: Richard Auclair 362-3076 4M Name) (Telephone Number) Address: 1 Harvard Avenue, Alston, Ala. 02134 Prior Owner of record Robert E. I(ennedy, Joseph A. Kennedy, Rdward T x,J;—g-r Schank Tenant(if any): None (Full Name) (Tetepl me Number). If Applicant other than Owner of property_state nature of interest Prospective Purchaser. 1. Assessors map and lot number Map 179, Lot 2 " 2. Location of Premises 1000 :fain St_ vfflagsNl. Barnstable (Name of Street) (What section of Towel - 3. Dimensions of lot 160 200 38,800 (Frontage) (Depth) (Square Feet 4. Zoning district in which premises are located V i 1 1 aqa A- 5. How long has owner had title to the above premises? since 12/27/85 6. How many buildings are now on the lot? - �, 3 ?. Give size of existing buildings Proposed buildings 8. State present use of premises Apartment Rentals in main no ase nt' rP 'Rho ; A i=-�p . Barn 9. State proposed use of premises Apartment upstairs, office downs a;. s, hoar repair shop 10. Give extent of proposed construction or alterations: llnna nt-ht-r than ",,grading . .,in Barn. buildings. ` 11. Number of living units for which building is to be arranged no change 12. Have you submitted plans for above to the Building Inspector? n n 13. Has he refused a permit? no 14. What section of zoning bylaw do you ask to be varied? mhp- 11GF Rana 1 ations Section K 7b - 15. State reasons for variance or special permit: . ARP1_icant wants to rannirate the existing structure on the property and operate a small boat repair and none- ruc-tion business in the barn. P_ similar business was apBrovPrl in IS 3 _(Appeal No. 1983-BG) for James Kittredge Mr. BirdSey would n=arate the same type of business and the operation would he compl-imprifArjrto :Ir. Kittridge's. i of the owneis of property abutting the abutting ownr 'property and the names and addresses of the owners acro^^'he street all with their corresponding map and lot numbers according to the records-in the Assessor's Office at the date of this application: Please type or print only. Map Lot# Name .Address Zip Code see attached list. r Use additional separate sheet and so note if necessary There must be submitted with the application at the time of Sling,a plan of the land,(Five 15]Copies)showing. I 1. The dimensions of the land. 2. The-location of existing buildings on the land. • 3. The exact location of the improvements sought to be placed on the land. (All three of the above drawn to scale) Applications filed without such plans will be returned without action by the Board of Appeals. Respectfully submittedaL� , S•�i r/�'c r.t1 L (Signs ' {Address) 302( ti T. 1vj& c1 Tel.No. •Please submit 5 copies of petition form. •Filing fee of-required with this petition 1 i PARTIES IN INTEREST 1987-35 CHARLES J. BIRDSEY Meeting of 4-30-87 Charles & Joann Mcdermott 156 Tonela Rd, Omroqui,d, MA Robert Bearse 63 Great Hill Rd, S Sandwich, Ma Marjorie Keary/Mazy Burns 26 Packet sanding Way, W Barnstable,MA Roberta James/%Peter Thorbahn Box 443, W Barnstable, MA. Lawrence & Norma Caton Packet Landing Way, W Barnstble, MA Richard & Lisa Kraus Bog Road, Marstons Mills, MA Chet & Dorothy Cibrowski 1022 Route 6A, .W Barnstable, MA James & Anne Kittredge Box 267, W Barnstable, MA robert Olander 1025 Main St, Barnsable, Ma John Irwin/ %Irwin & Irwin 60 Adams ST,. Milton, MA Bernice Bresnihan .255 North Rd 227, Chelmsford, MA Alford Augenstein Box 248, W, Barnsable, MA Edith Huhtanen P.O. Box 465, W Barnstable, ,MA Yarmouth Planning Board Sandwich Planning Board Mashpee Planning Board i MAP. LOT #• NAME. ADDRESS. ZIP CODE 155 33 Bernice H. Bresnihan. 6 Ruben Way, New Bedford, Ma. 01730. 24 E. Alford Augenstein. P.O. Box 248, W. Barnstable, Ma. 02668. 179 1-1 John Mikutowicz. 225 Maple St. , W. Barnstable, Ma. 02668. 1-2 Robert E. Bearse. Box 477, West Barnstable, Ma. 02668. 3 Marjorie A. Keary. 26 Packet Landing Way, W. Barnstable, Ma. 02668. 4 Peter F. & Barbara 42 Packet Landing A. Thorbahn. Way, W. Barnstable, Ma. 0266.8. 13 Mr. & Mrs. Richard Bog Road, Marstons A. Krause, Mills, Ma. 02648. 14 + 15 Lawrence W. Caton. Packet Landing Way, W. Barnstable, Ma. 02668. 16 Kelly Cavanaugh. Marshview Realty Trust, 338 Rte. 6A, Sandwich, Ma. 02563. 178 8 James G. Kittredge. Box 267, W. Barnstable, 1040 Rte. 6A. Ma. 02668. 22 Chet Cibrowski. 1022 Rte. 6A. W. Barnstable, Ma. 02668. 24 Robert N. Olander. 1025 Main St. , Barnstable, Ma. 02630. 1 r 26 John A. Irwin. 60 Adams St. , Milton, Ma. 02187. 30 John C. Doriss. 1685 Main St. , W. Barnstable, Ma. 02668.. 156 25 May S. Alexander. Box 22, West Barnstable, Ma. 02668. 26 Edith K. Huhtanen Box 465, West Barnstable, Ma. 02668. I r ^ 7 FT '•V LIZ- 10 o -� f 29 Packet Landing West Barnstable, MA 02668 April 25, 1987 Board of Appeals Town of Barnstable Town Office Building Main Street . Hyannis, MA 02601 ., Re: Appeal No. 1987-35 Charles S. Birdsey - 1000 Main St. , W. Barnstable Ni Zoning Board of Appeals Meeting of April 30, 1987 Gentlemen: We request that the Board deny the above-referenced petition for a special permit for the following reasons: 1. This property was conveyed by the Barnstable Development Trust to Morris Friendson and Anna E. Friendson by deed recorded in Book 1311, Page 510, subject to restrictions. Restriction #3 in said deed explicitly prohibits the use of the premises for any mechanical, manufacturing or mercantile purposes with the specific exception that an antique business may be conducted thereon. We do not know what the owner has in mind for the dwelling house itself, but Restriction #2 provides that it. may only be used as a private residence and not as a rooming house, hotel or boarding house with the provisions of Restriction #3 applicable to the house as well. We have enclosed copies of the deed into Friendson in Book 1311, Page 510, as well as copies of the subsequent deeds from Friend- son to Anderson in Book 1363, Page 444 and the deed into the former owners, Robert E. Kennedy et al in Book 3131, Page. 058, wherein the subject property was conveyed subject to all of the original restric- tions. 2. Implicit in the nat.ure of the proposed business would be additional traffic including boat trailers and trucks, and we feel quite certain that the access to the property that would most often be used would be from Packet Landing, which is a Private Way; the access from Route 6A into the property being a narrow driveway. • r 3. There is already a small boat storage and repair operation in the immediate neighborhood ( James G. Kittredge, 1040' Main Street) , and we do not feel there should be another in such close proximity. As an additional note, this. use was allowed under the provision that it be screened from view; that condition has not been adhered to by the owner at all. Boats are visible from the front , side and back at all times. I Board of Appeals, Town of Barnstable April 25, 1987 Hyannis, MA 02601 Page 2 Re: Appeal No. 1987-35 Charles S. Birdsey 4 . Even if there were no restrictions barring the proposed use of the property, we definitely feel it would be a detriment to the existing neighborhood, both in the traffic problems described previously and in an increased level of noise being generated by power tools and machinery in connection with this type of work. We have lived on Packet Landing for over 23 years and do feel that too many businesses (which are not Village Business) have been allowed to come in; it has definitely changed the charm and rural character of the village and we hope that the time has come to take a long look at what is happening and guard against what has. happened in other sections of the Cape. Sincerely, �, �l Lawrence W. Caton Norma M. Caton Aw APR $ From the office of LOCLSiTO & TASSINARI, 'INS _ REAL'TORS �� 696 Plain Street 100 Court Street 102 Route 6A Marshfield, MA 02050 Plymouth, Massachusetts 02360 S4ndwich, MA 02563 , (617) 834-4242 (617) 746-8100 Y (617) OW6525 This 14 day of .4 1-1 19 1. PARTIES:(fill in) %°�/�t���=-��,��f r hereinafter called the SELLER,agrees to SELL and - hereinafter called the BUYER,agrees to BUY, upon the tsrms hereinafter set forth,the 411110wino described p miles; 2. DESCRIPTION:(till In address and title refs ce,if available)WA.5* �s f rt ADDRESS:(©OC3 Y�a.im�•► ��' � ' _ ..rZ�' ���•t•�} � ` TITLE REFERENCES: PN�Is 1 ' OTHER DESCRIPTION: � � & BUILDINGS STRUCTURES IMPROVEMENTS, FIXTURES:(fill in or delete) , ' Included in the sale as apart of said premises are the buildings,structures,and.improvemeW .1 ere)on,and the fixtures belonging to the SELLER and used in connection the4ai th Including,if any,all venetian blinds,Obdow,shades,scree ,seen doors,storm windows and doors, awnings,shutters,furnaces, heaters,plumbing and bathroom fixtures;electric and other lighting flxtyres mantels,outside television antennas, fences,gates,trees,shrubs, plants,%and,If built in?air conditioning'equipme t,ventilators,garbage. is p rs,dishwashers,washing machines,., and driers;and; but excluding; ' 4. TITLE DEED:(fill In)'Include here by specific reference any restrictions,easements,rights and obligations in'party walls not Included In b)leases, municipal and other liens,other encumbrances,and make provision to protect SELLER against BUYER'S breach of SELLER'S convenants In leases, where necessary. Said premises are to be conveyed by a good and sufficient QUITCLAIM deed running to the BUYER,or to the nominee designated by the BUYER by written notice to the SELLER at-least seven days before the deed is to be delivered as herein.provided,and said deed'shall convey a good, and clear record and marketable t4laaYthereto,free from encumbrances,except a)Provisions of existing buildings and zone laws; r 'n t and obligations in pparty,walls which are not the subject i'writtentagreement; b)Existing rights g , c)Such taxes for the then current year as afe not due and payable on the,date of the,delivery of such deed; rment t 1. J ` d)Any liens for municipal betteq assessed after,the date of this agreemjg t f 'e)Other restrictions,easements,a i ��1 k CYt�►�.c�+:.e' � +'• 11.4 5. PLANS: Y If said deed refers to a plan necessary to be recorded therewith,the SELLER shall deliver such plan with the deed'in form adequate for recording or registration. t' 8 REGISTERED TITLE: - In addition to the foregoing,if the title to said premises is registered,said deed shall bb in foim.sufficient to entitle the BUYER to a Certificate y. of Title of said premises,and the SELLER shall deliver with said deed all instruments,if any,necessary to finable the BUYER to obtain such Certificate of Title. ' t' 7. PURCHASE PRICE:(fill in) j �Q agreed purchase price for said premises is ' D!/ F Dollars,of which t, $ f7 QjX,Lafiave been paid as a deposit this day and /� t' o $ °0 are to be paid by �r � / and ` $ �are to be paid at the time of delivery'of the dead in cash,or by certified,cashier a;Ereaeurere or bank check. =x" ' I �TAL i e. TIME OF PERFORMANCE;DELIVERY OF DEED:(fill in time for performance and type of dead required) a "74, Ovv r�"'rr days Such dead is to be delivered at � /'O!� o'clock M,on the ,• Of /��r•j 19'9'� ,at theezri�slh.d/�_,. . ., Registry of Deeds, . unless otherwise agreed upon in writing. It Is agreed that TIME IS OF TH ESSENCE of this agreement... i k. 9. POSSESSION and CONDITION OF PREMISES:(attach a list of exceptions, if any) Full possession of said premises free of all tenants and occupants,except as herein provided,is to be delivered at the time'of(he delivery of.the !!! deed,said premises to be then(a)in the same condition as they now are,reasonable use and wear thereof excepted and(b)In compliance with ti the provisions of any Instrument referred to in clause 4 hereof.The BUYER shall be entitled to an inspection of said premises prlorto the delivery. of the deed in order to determine whether the condition thereof complies with the terms of this clause.: ;~a 7�: .f_ ,-..�+.-;+..._�,-. ..—.....: -..._......�.k�.lL,.o:l`f "L, �.. r= .jt�.;x vas. ..• "•�f i�Y'wlr���.'�'� r 10. EXTENSION TO PERFECT TITLE 'LE PREMISES CONFORM:(Change period of iesired). If the SELLER shall be unable to g.. it to make conveyance,or to deliver posesselo, , premises,all as herein atipulated,or if at the time of the deed the premises do not conform with the provisions hereof,then any payments made under this agreement shall be refunded and all other obligations of the parties hereto shall cease and this agreement shall be void and without recourse to the parties hereto,upbe6#04f t:ER n elsete t C. �e d, 11. FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM,etc.: ` If at the expiration of the*i@IAPWW time,the SELLER shall have failed so to remove any defects in title,dellWr possession,or'make the premises conform,as the case may be,all as herein agreed,or If at any time during the period of this agreement or any,extension thereof,the holder of a mortgage on said premises shall refuse to permit the insurance proceeds,if any,to be used for such purposes,then,at the BUYERS option, any payments made under this agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12. BUYER'S ELECTION TO ACCEPT TITLE: The BUYER shall have the election,at either the original or any extended time for performance,to accept such 4itle as the SELLER can deliver ( to the premises in their then condition and to pay therefore the purchase price without deduction,In which case the SELLER shall convey such.. title,except that in the event of such conveyance in accord with the provisions of this clause,If the said premises chap'have been damaged by.y fire or casualty insured against,then the SELLER shall,unless the SELLER has previously,restored the premises to their former condition,either, 3 (a)pay over or assign to the BUYER,on delivery of the deed,all amounts recovered or recoverable on account of such insurance,less any amounts ` reasonably expended by the SELLER for any partial restoration or j (b)if a holder of a mortgage on said premises shell not permit the insurance proceeds or a part thereof to be used to restote the said premises to their former condition or to be so paid over or assigned,give to the BUYER a'credlt against the'purchass price,on delivery ot.th'e'deed,equal.- . ' l to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. 13. ACCEPTANCE OF DEED:—~ BU YERmaybe, The acceptance of a deed by the or,his nominee as the case may be,shall be deemed-to be full,performance and discharge of every agreement and obligation�harein co?tained o xpr ssed,except sych as are,by the terms�eof to%e `pe rformed after deltvory of'said deed. 14. USE OF PURCHASE MONEY TO CL'EAR•TITVE: £.. #1 To enable the SELLER to make conveyance as IN provide She SELLER may at the time of del very of the deed,use the purchase money or any portion thereof to clear the title of any or'all encumbrances orinte'rests,�rovlded that all instruments so procur@d are reoorded simultaneously with the delivery of said deed 15. INSURANCE: 'Insert amount(list additional types of Insurance and-amounts as agreed) Until the delivery of the deed,the SELLER shall maintain Insurance on said premises as follows: x '. ^' ~' Type of Coverage Amount of Coverage (a)Fire (b)Extended Coverage nn uoM�! 16. ASSI URAN lause if insurance Qs not assigned) /l 1_;�_• Unless otherwise notified in wr ing t least and u n rom doing' so by the refusal of the insurance cc ved to issue act 1 150 hall assign such Insurance and deliver,binders therefore in proper form to the 8 e time for performance of this agreement.In the event of refuse company(s)to Issue the same, the S give notice thereof to the BUYER at least two business days before the lime for performance oft is ' 17. ADJUSTMENTS: (list operating expenses,if any,or attach schedule) " Collect rents,mortgage Interest, n ,water and sewer use charges,operating expenses (if any)according to the schedule attached hereto or set forth below,and taxes for the then current year,shall be apportioned and fuel value shall be adjusted,as of the day of performance of this agreement and the net amount thereof shall be added to or deducted from,as the case may be,the purchase price payable by the BUYER at the time of delivery of the deed.Uncollected rents for the current rental period shall be a apportioned if and when collected by either party, ' 118. ADJUSTMENT OF UNASSESSED AND ABATED"TAXES: If the amount of said taxes is not known at the time of the delivery of the deed they.shall be apportioned on the basis of the,taxes assessed for . the preceding year,with a reapportionment as soon as the new tax rate and valuation can be ascertained;and if the taxes which are to be apportioned shall thereafter be reduced by abatement,the amount of such abatement,less the reasonable cost of obtaining the same,shall be apportioned between the parties,provided that neither-party shall be obligated to institute or prosecute proceedings for an abatement unless herein.otherwise agreed. ` 19. BROKER'S FEE: (fill in fee with dollar amount or percentage and co-broker,If any); r A broker's fee for professional services of 141 is due from the SELLER to BELSITO&TASSINARI, INC.and (co-broker) i the Broker(s)herein,but if the SELLER pursuant to the terms clause 22 ereof r ins the deposits made reunder,by the UYER,said Broker(s) shall be entitled to receive from the SELLER an amount equal to one-half the amount so retained or an amount equal to the b is fee for professional services according to this contract,whichever is lesser.' 20. BROKER'S WARRANTY: BELSITO.B TASSINARI,INC.andany co-broker named herein warrants)that it,or they and its or their agehts are duly ilconsed by the Commonwealth of Massachusetts.BELSITO 6 TASSINARI,INC.'however are not qualified to detect structural problems or defects-In real estate or buildings.BELSIT,0 ,. 3 TASSINARI,INC.therefore EXPRESSLY DISCLAIMS that It has made any representations or warranties concerning the building not expressly •� ,, set forth in paragraph#28 and suggests the BUYER contact a qualified expert if he has any questions orconcerns about�he condltion'of the building ' may' taiw:` .a 21. DEPOSIT:(fill in name ofholder of deposft. :r than SELSITO &TASSINARI, INC.) All Jep6sits trade hereunder shall be held by BELSITO&TASSINARI,INC.as agents for the SELLER unless another agent is set HERE NAMED (name of alternate holder of deposit). In the event that BELSITO&TASSINAR INQ is the holder of the deposit ihen all interest which accrues on said deposit shall be donated to the Muscular Dystrophy Association.in any event,the holder of said deposit shall duly account for same at the time of the performance of this agreement.With the exception of conveyance,any deposit held hereunder shall be released by Broker only upon a signed release by both SELLER(S) and BUYER'S). ) �. 22. BUYER'S DEFAULT DAMAGES: ' It the BUYER shall tall to fulfill the BUYERSs agreements herein,all deposits made hereunder by the BUYER shall be retained by the SELLER ' as Ilquldated damages � Q-of this 23. SALE OF Y:(fill in and attach list or delete entire clause) ► ` The BUYER agrees to buy from the SELLER-the c on the attached list for the price of$ + and the SELLER agrees to deliver to the BUYER u e eed hereunder,a of sale therefore on payment of said price. The provisions of this clause shall agreement separate and apart from the provisions herein with respect to the real estate and any breach conditions of this clause shall have no effect on the provisions of this agreement wt apesiI to the real estate. 24. RELEASE BY HUSBAND OR WIFE: The SELLER's spouse hereby agrees to join In said deed and to release and convey all statutory and other rights and interests in said premises. 25. BROKER AS PARTY: The broker(s)named herein,join(s)In this agreement and become(s)a party hereto,insofar as any provisions of this agreement expressly apply to him(them),and to any amendments or modifications of such provisions to which he(they)agrees)In writing. C 28. LIABILITY OF TRUSTEE, SHAREHOLDER,BENEFICIARY,etc.: --ti If the SELLERor BUYER execut"this4growenl solely in a representative or fiduciary capacity,galy.1pg principal or the estate represented shall be bound and neither the SELLER or BUYER so executing,nor any shareholder or beneficiary of any trust,shal`"De personally liable for any obligation. expressed or Implied, hereunder.' f �✓ r 27.,NOTICE TO BUYER OF CA"WHICLH MIGHT AFFECT THE BUYEtti'S f C65T.OF d8TAlNIN�� d11TVTO OBTAIN FINANCING OR AFFECT HIS FUTURE USE OF THE PREMISES: i ,1 ' The BUYER is hereby advised that many fedtlral,;state,and local laws,irutes,-;regulaifons and ordin�ncee exist which might affect the BUYER'S se o'the property.Several of same are listed cost of any contemplated rrnancing'bf the purchase of the property,or which might affect the future u below.The list,however,Is not intended to contairi all of the laws which might affect the particular property or transaction,nor will any of the listed laws necessarily be relevant to-thtatransactlbn.The BUYER,thitefore,.ia advised that if he has arty,guestions concerning the applicability of any federal,state or local law or ordinance to him or to the property covered by this agreement,he Is advised to seek Independent"at counsel before executing this agreement. Further, unless the BUYER specifically indicates to the contrary in the space provided in Section 28 below, BUYER acknowledges that no representations have been made to him by either the SELLER or the BROKERS)as to the applicability of any other federal, state,and local law, regulation or by-law. " -^� A.FLOOD PLAIN INSUAANCE (f` the Uuyc(seeks to finance the purchase of the property in whole or in part,the lender may require Flood Hazard Insurance as a condition of the mortgage loan,if the lender determines that the premises are in a flood hazard zone.In the event of such determination by thb.lendei,the buyer agrees ttl provide said lrisu(976t�as required by the lender. a HAZARDOUS MATERIAL AND TOXICIVASTE: Buyer Is hereby advised thatl rsuartt to the terms of M.G.L.chapter 21E the owner of real estate may,under certain conditions,tie required to pay the Cost of rernoving hazardous or toxic materials from real estate and for damage 'resulting from the release of same from the owner's property.Accordingly,your lender as a condition of your loan may require that the subject _ ' property be professionally tested.If your'lender requires such testing in a timely.manner.the SELLER will agree to allow you access to the property to conduct such tests.You the BUYER,however,will be responsible for Ing costso,such testing.Further it is understood,that unless the SELLER andtor the BROKER(S)have agreed to the contrary in writing,the SELLER has made no representation that the property will ' necessarily pass any test required by your tender Ina manner satisfactory to your lender.Accordingly the BUYER assumes all risk of a negative test and may not use same as an excuse for non-performance of the contract. C.LEAD PAINT OR OTHER LEAD PRODUCTS:BUYER is advised that in some,particularly older homes,apartments,and other residential buildings,It Is possible to find the presence of lead based paint or other lead based products.If such paint is found In a residential premises' .• where a child under ffte age of six resides and in which any paint,plaster,or other accessible material contains what is determined to be dangerous levefs of lead,the owner is required by law,to remove said paint,plaster,or material,or.to render them inaccessible to a child d under the age of six.This law applies to any new owner of real estate regardless of who owned the property at the time that the lead based product was placed on the premises. Q.LOCAL ZONING BY LMS:The BUYER is hereby advised that his rights to either enlarge the existing building or to change,expand, l or enlarge the degree or Intensity of the use of all or a part of said building or to change,expand.or enlarge the degree or intensity of the uaQ.of all or a part of said building or property may be affected by local zoning bylaws.Further,unless specifically set forth as a warranty or represenidtion In section 28 below neither the SELLER or the BROKER(S)represent or warrant that the property necessarily complies ' with local zoning regulations. E.UREA-FORMALDEHYDE FOAM INSULATION:The BUYER acknowledges that he has been advised that Urea Formaldehyde Foam Insulation (UFFI)has been declared by the Massachusetts Department of Public Health(DPH)to be a banned,hazardous substance which may cause ` personal injury. The BUYER further acknowledges that,under certain circumstances as provided in regulations promulgated by the DPH,he or she may be required to remove any UFFI property.Accordingly,the BUYER or his or her attorney should contact the DPH for additional information about his/her rights and obligations pursuant to said regulations. F.ASBESTOS:The United States Consumer Safety Commission has maintained that asbestos materials are hazardous it they release fibers ' which can be Inhaled.Asbestos Is a common Insulation material on heating pipes,boilers and furnaces.Accordingly,the BUYER is advised, to haw the property professionally Inspected to determine If asbestos is present and If its condition or placement vyarra is r revel.If re ov , Is ul �rdss:IrFW, ould be done professionally in accordance with proper safety guidelines.p.SELL deteclors according to local fire codes and shall have said smoke detectors Inspected by a local fire official prior to conveyance And shall produce a valid permit at conveyance. ; H. OTHER: r r 28. 111A4RRANTIE8 AND REPRESENTATIO 'I in);If none,state"none';If any listed,indicate tr n each warranty or representation was made The BUYER acknowledges that the BUY—.has not been Influenced to enter Into this transscft.,..,A HAS HE RELIED UPON ANY.VIINRRANTIBB OR REPRESENTATIONS concerning the condition of the property,the applicability of any federal,State,or local Iawa,regulations,or ordinances, or of the profitability or tax consequences of the proposed transaction not ant forth or Incorporated in this agreement or previously made in writing, EXCEPT FOR THE FOLLOWING ADDITIONAL WkRRANTIES AND REPRESENTATIONS,If any,made by either the SELLER orthu BROKER(S); _29.,CONSTRUCTION OF AGREEMENT. 'delete"triplicate" and substitute"quadruplicate" If required. i This instrument,executed in triplicate' is to be construed as a Massachusetts contract,is t0 take effect as a sealed instrument,ants forth the entire contract between the parties,Is.binding upon and enures to the benefit nit the parties hereto and their respective heirs,devisees,executors,administrators,Successors and assigns,and may be canoolled,modified or amended only by a written Instrument executed by both the SELLER and the BUYER.If two or more persons are named herein as BUYER,their obligations hereunder abaci be joint and several.The captions and marginal notes are used only as a matter of convenience and.are not M be canaidered a part of this agreement or to be used in determining the intent of the parties to it. 30. BUYER'S RIGHT TO INSPECT PREMISES: E AGREED UPON INSP CTION:•This reement la . ALL AREAS WITHIN THE SCOPE OF THE GR � -Agreement A. CHECK IN APPROPRIATE PLACES � j subject to right of the BUYER to obtain,at his own expense,an inspection of the promises to determine: if the premises are structurally sound; it the septic system is in reasonably good working order; If the heating,plumbing,and wiring Is in reasonably good working condition;. io test for the presence of wood boring insects or for evidence of past infestations of same which would indicate a roasenagb likelihood / that the premises might be subjectto future infestation; other conditions to be inspected,(such d palm, os,wq 11 Stec preliminary i for hazardous orlcode ) FILL in or UNDERLINE and check: � r91 -'�-` kCYYi� Za � }-- ur . Wl by professional oonsuhant(s)of his oW rehoosing it n ten( )days aft the parties execution of ihr�Purchasr3.and Sale Agreement or hire ton(10)days after the'date of the parties'exe�ulldn of an Offer to Purchase granting to the BUXQR,fucti-right of Inspection,whichever date is earlier,and which ten days period,ills agre expires on the data herein set forth.The BUYERand his professional consuhaM(s)Shall have the oses right of access to the promises at reilAonable tigrea and In the presence of the,SELLER,upon twentybur rt4)hours advance notice,for purysuch of inspecting the condition of Said premises.if detects In the premises'are disclosed by the protesslopal consultant(In writing)as a result of each ,,q inspection,this Agreement may be terminated wittiout legal or.equhablq recourse to either party by the BUYER at his election,the parties thereby releasing each other from all debility under the Agreement,and,the deposit*shall be returned to tttd BUYER,provided, however,that the buyer_ shall have notified the SELLER AND BROKI!k(S),in writing,on of before the expiration date harelnpfterlspecKled of,his intention to so terminate; r " failure to so notify will not excuse the BUYER troth performance hereunder,and provided further thatlf the�oasonabie coat of corractinp said detects ' ' does not exceed$2='the SELLER'shali have the right,at his election,to correct said defects pilo�to the date of the delivery of the dead,in which event this Agreement shall remain in full force and effect.In the event the BUYER does notelectto he"such Inspection or to'so terminate within ten(10)days the SELLER and the BROKER(S)are hereby released from liability relating to defects In the premises which the,BUYER or., : BUYER'S professional consultant(s)could on bt hey Mn expected to discover.It Is agreed that the ten(10)day period granted to the BUYER for home Inspection shall expire on a BUYER acknowledges that he has not relied upon any warrentie8 orrepresentffiiOne v not incorporated In the Agreement,except for tt- toYotM additional warranties and representations,If any.made by either the SEt1ER or the BROKER:' 11 (B none,stile"none":if any}Ist;•indicate by whom the warranty or representation was made) 31. MORTGAGE CONTINGENCY:Subj ect to the 4YER/iobtalMng m�rtgage gommltmeM In the amount of The BUYER' neeme obligations to perform under thl�agd are subject to the BU4R's obtaining,with the exercise of due diligence'and the aid of the f' recognized lending institution at prevailing IVrestsates-WITHIN ' t.DAYS of the execution of.this agreement.BUYER,however;to be relieved of his obligations under the terms of this clause musthotify the SELLER and tha BROKERin writing delivered or malted within 24 hours of the expiration of the contingency period.Said notice,to be effective,must Specifically notify the SELLER of the BUYERSs election to terminate this agreement and ' must specifically set font the lending institutions)which declined to extend a firm commitment and the date on which the BUYER oominenced each' and every mortgage application on which the BUYER relies to establish that he used diligent efforts to secure a mortgage commitment.If the SELLER i fails to notify the BUYER within ten days of SELLER'S receipt of BUYER's notice of election to terminate that the SELLER disputes either the timeliness of the notice,the specificity of the notice,or that the BUYER used diligent efforts to obtain a commitment,then the Deposit shall be returned to the BUYER and this agreement shall terminate,without further recourse to the parties. ( 32. SELLER agrees to provide for BUYER at dosing the ERA Buyer Protection at a cost of� •4 .. 3& OTHER ADJUSTMENTS:The initialed riders,if any,otta hereto or nth bs reincorporated by reference 34. ADDITIONAL PROVISIONS: �S a Q.This agreement is subject,where indicated,to the following additional provisions: SELLER SELLER BUYER BUYERLX u� rMA A A Fk BROKER(S) t w ' - MBROKER(if I�y< • BELSITO & TASSINARI INC. a'(cz 9L- L.vrk? d i 100 COURT STREET• PLYMOUTH, MA 02360 617-746-8100 102 ROUTE 6A•SANDWICH, MA 02563 617-888-6525 696 PLAIN STREET•MARSHFIELD, MA 02050.617-834-4242 "I n h dlw r mJry.•nh•ntiv rnvmvl nA nr..vA' 510 • r•aaaucuaerr•ovneuw oas@ qqw•ro.rc. 5• I, FRANCIS L. Van BUSKIRK, TRUSTEE of BARNSTABLE,DEVELOPMENT TRUST• under r•. a Declaration of Trust dated September 9, %960, recorded with Barnstable ' I I County Registry of Deeds in Book 1087, Page 591, and FRANCIS L. Van i. BUSKIRK and KATHLEEN Van BUSKIRK. husband and wife, both F M of Orleans. Barnstable co-h.M""dM "4 ( hvht1xxmwrkA(or consideration pall grant to MORRIS FRIENDSON and ANNA E. FRIENDSON, M husband and wife, as tenants by the entirety, both • •'� of 1745 Commonwealth Ave., Boston i (Brighton), Suffolk County, Massachusetts, with quitlalm tosenants :dedamf)otx a certain parcel of land', together with any buildings thereon, =' situated in Barnstable (West), Barnstable County, Massachusetts, bounded Ottt lDmripcim wd eiatinArwrn a Nr) ;� :i and described as follows: t SOUTHWESTERLY by the State Highway as shown on hereinafter mentioned I plan, one hundred nineteen and 69/100 (119.69) feet: NORTHWESTERLY sixty-six and 08/100 (66.08) feet, one hundred and 94/100 (100.94) feet, and one hundred three and 98/100 (103.98) feet, all by land of Walter Grey- � . mont as shown on said plan; NORTHEASTERLY by Lot 11 as shown on said plan, one hundred thirty- 1}� seven and 47/100 (137.47) feet; �Ao SOUTHEASTERLY by s 40' Way as shown on said plan, one hundred ?»� I ninety-nine and 13/100 (199.13) feet; and SOUTHERLY by an are at the intersection of said 40' Way and c ,^x State Highway do shown on said plan there + measuring forty-one and 75/100 (41.fS) feet. ' Containing 39,800 square feet more or lees, and being LOT 10 r ea shown on plan entitled "Subdivie�on Plan of Lend in West Barn@taTila Mass. For Barnstable Development Trust Scale 1" • 100 ' January 1963 David H. Greene Surveyor Hyannis, Hess.", which said plan its duly recorded with Barnstable County Registry of Deeds, Plan Book ;^ 177, Page 43. i Together with a right of way ae apppurtenant to the above described ;j '9 • lot over the ways as shown on said plan in common with others who are ;' • ': now or may hereafter be entitled thereto. ) Reserving a right of way over so much of said lot as by implication of law lice within the limits of any way as shown on said plan; reserving eti1 also the right to grant easements to public service corporations for the installation end maintenance of public utilities in, over, under and '' h upon any private way as shown on said plan. The above described premises are conveyed subject to the following y ' restrictions, which are appurtenant to the remaining land of the grantors71 (and to which the grantees by the acceptance•of this deed agree to e. conform): c 1. No buildings or other structures shall be erected, placed or maintained on the granted premises including addition@ thereto, before 'plans and specifications for the same shall have beensubmitted to the -t Trustee of Barnstable Development Trust, or his successors in title, and approved by him in writing, said approval to be given provided the 4 A _ size of the buildings and the type of architecture of the some shall conform with the general size and architecture of the majority of the buildings•within the subdivision. I _ I (gedh"—)VW Tacos—Teach r Cameros—Tu ab b7 d•awkdr.) ' a i 2. No buildings erected, placed or maintained on said premises t C shall be used for any purpose other than those of a private residence or • _ «; t private garage and in no event as a hotel, rooming house or boarding house,ylth the exeeptles that an antique shop business may be Conducted on.tbe •��,�� •r�1 � preafses. q S. No part of the granted'premisce shall be used for any mechani• 4T Y` cal, manufacturing or mercantile purposes, or for any other purpose which might be or 'become offensive to the neighborhood as a residential district and no business, trade or caning shall be conducted for profit thereon other than the practice of a profession. with the exception that an antique • business may be conducted en the premises. ;� 4. 'fie exterior of any building shall be finished and completed '1�1° '�v within bix (6) months after the commencement thereof. 5. Any building erected placed or maintained on the granted ;W premises shall meet the following requirements: A. It shall together with any garage, be set back at least twenty-five (25) feet from the front line or street line y of the granted premises and from each sideline thereof; j r' but two or more lotein combination as a building site shall be treated as one for the purpose p pone of determining said setback. i B. Not more than one dwelling shall be erected on any one lot or building site nor be used, designed or adapted for more than one family and shall not exceed one and one-half stories in . l --+ height except by written permission of the said Trustee of i Barnstable Development Trust or his successors in title; i however, accessory buildings such as garage for the immediate use of the family occupying the dwelling shall be permitted. C. All buildings shall be erected on poured cement or cement block foundations. 6. The Grantees, their heirs, devisees or successors in title, .,;'•. ;* e, shall not sell or convey or lease for more than one year the granted t=1 premises without first offering in writing to sell, convey or lease sac , the same, as the case may be, to the said Trustee or his successors 1' i in title, for the price offered by the prospective purchaser or lessee disclosing the name of said purchaser or lessee; sid offer shall be by instrument in writing and the said Trustee or his successors in I title shall have fourteen (14) days within which to accept or reject said offer and, if at the expiration of fourteen (14) days, the said ;•:e Trustee or his successors in title, have failed or neglected to accept or reject said offer, then, in that event, the Grantees or their sue- ceseors•in title shell be entitled to make such conveyance or lease. ~ This restriction shall not apply to a sale under a power of sale inany mortgage. 7. The foregoing restrictions. conditions, provisions and reser- ;1 vatione shall remain in full force and effect until the year 2000 A.D. or �.. until the expiration of twenty-one (21) years after the death of the last surviving original Grantor, either an individual or Trustee. s ' S. These restrictions may be modified in writing by the said , •'trr, . Trustee of Barnstable Development Trust or his successors in title in their discretion, but failure to give such written modification or violation of the foregoing restrictions by any lot owner, shall not :p impose any legal liability whatsoever on the Grantor or successor in m d title. 9. Said premises are conveyed subject to the toning and building' laws of the Town of Barnstable. For title, see deed of Francis L. Van Buskirk at ux to Francis L. Van Buskirk, Trustee, dated May 2, 1961, recorded with said Deeds, �•� '1a : r age 59. ors �,cc (- •. c 1 LtF," -r `I� FF" `•�#� , �� :i.1:; . t•(. i� Y)l V- SAP.= V 5i1 •it ,.. �� I • e�a1311 rr<cE 512 Ne,Franeis L. Van Buskirk and Kathleen Van Buskirk, h9of wid gtitttad, Kathleen Van Buskirk and Francis L. Van Buskirk; �•. tt+lau to rid Sm"A rieft of do �nd and other (ntere,q therein. itta w..nw¢.... Iands trod meAs thin..._ .(.�..........».. r i a c a . 1i EE of aarnstable evelopmen rustrk l Kathleen Van Buskirk :.{ QOiiHM>rt a AGO setts Barnstable, �3 1965 IL Then pub sppeued ow show rmj Francis L. Van Buskirk, Trustee aforesaid, Md adaoatedde+d the Eon6pina iea�e+�t q 6s his act be( me ''��: ��,:� •'. ` n'f t�rlM■4ra .� kECO SEP 14 1%5 AND RECORDED t%>' I� a'IM. 4. i1 _.. .. . - •- - ._ ... _ .;' :ram' r ti K1 63 444 ! 05434 I we, Morris Priendson and Anna E. Priendson, as tenants by the entirety, both 1 ( of West Barnstable, Barnstable Counq,MU$KhU eft% I ki t sernri,d,for consideration paid,grant to i! almar F.Anderson and '.ente F.Anderson(wife) I 3 berry ..oad,Cedarvillc.:.assachusetts as tenants by the entirety of i with quUcfatm caoroantsa certain parcel of land, together with any buildings j thereon, situated in`Barnstable (West), Barnstable County, Massachusetts, b.r setasIML&r bounded and described as follows: � {a�fp6`{?aS�diY�1L�iC�itYdrX � .ij�,` I SOVrHwESTERLY by the State Highway as shown on hereinafter mentioned ' plan, one hundred nineteen and 69/100 (119.69) ; n'�•`• 1 feet; t - NORTHWESTERLY sixty-six and' 08/100 (66.08) feet. one hundred and 94/100 (100.94) 'feet, and one hundred three and ; 98/100 (103.98) feet, all by land of Walter Grey- i'•.:r: wont as shown on said plan; s NORTHEASTERLY by Lot 11 as shown on said plan.•one hundred thirty- seven and 47/100 (137.47) feet; t i SouTHEASTERLY by a 40' way as shown on said plan, one hundred ninety-nine and 13/100 (199.13) feet; and SOLITHERLY by an arc at the intersection of said 40' way and State Highway as shown on said plan. there ' measuring forty-one and 75/100 (41.75) feet. i Containing 38,800 square feet. more or lees, and being L0T 10 •; ', ; as shown on plan ontitlod "Subdivision Plan of Land in wont Barnstable i Mass. For Barnstable Development Trust Scale 1" - 100' January 1963,David H. Greene,Surveyor, Hyannis. Mate.•, which said plan is duly recorded with Barnstable County Registry of Deeds, Plan Book + ? 177, page 43. Together with a right of way as appurtenant to the above described ;. �'• .,. t lot over the ways as shown on said plan in common with others who are i now or may hereafter be entitled thereto. 'rr Reserving a right of way over so much of said lot as by implication of law lies within the limits of any way as shown on acid plan; reserving also the right to grant easements to public service corporations for the installation and maintenance of public utilities in, over. under and :• ~ya' upon any private way as shown on tiad plan. "' •r The above described premises are conveyed subject to the following restrictions, which are appurtenant to the remaining land of the grantors *� (and to which the grantees by the acceptance of this deed agree to f conform)s 1. No buildings or other structures shall be erected, placed or maintained on the granted premises including additions thereto, before plans and specifications for the same shall have been eubtuitted to the I ���•,� Trustee of Barnstable Development Trust, or his successors in titles and approved.by hits in writing, said approval to be given provided the site of the buildings and the type of architecture of the same shall conform with the general site and architecture of the nsiority of the i buildings within the subdivision. s t •i r t - -. s »...»...........__.._.......».......................... 03 I •.Y�� rr�4 b� I 2. No buildings erected, placed or maintained on said premises ^^q ^`'• shall be used for any purpose other than those of a private residence or private garage and in no event as a hotel, rooming house or boarding �• '� ;;;, house, with the exception that an antique shop business may be conducted , I _ ( on the premises. ; • 3. No part of the granted premises-shall be used for any mechani- •; cal. manufacturing or mercantile purposes, or for any other purpose which i might be or become offensive to the neighborhood as a residential district other then the practice of a profession, with the exception that an antique business may be conducted on the premises. :Y 4. Tho oxtarior of any building shall be finished and completed y `s• I within six (6) months aftor the commoncemont thereof. 5. An building eroctod g y g , placed or maintained on the ranted premises shall meet the following requirementst A. It shall, togathor with any garage, be tot back at least , �} ( twenty-five (25) feet from the front line or street line 3•.r 1 of the granted premises and from each sideline thereoft i but two or more lots in combination as a building site shall be treated as ono for the purpose of determining said setback. ,t%;�+ ;y;•, B. Not more than one dwelling shall be erected on any one lot or � I building site nor be used, designed or adapted for more than i one family and shall not exceed one and one-half stories in t. height except by written pormiseion of the said Trustee of I � Barnstable Dovolopment Trust or hie successors in titler ; hewaver. accessory buildings such as garage for the immodiate i y use of the family occupying the dwolling shall be permitted. C. All buildings shall be erected on poured cement or cement 4 I j block foundations. G. The Grantees, their heirs, devisees or successors in title, shall not sell or convey or lease for more than one year the granted �:: • premises without first offoring in writing to sell. convey or lease �•' ,, the same, as the case may be, to the said Trustee, or his successors Ii in titlo, for the price offered by the prospective purchaser or loans*, disclosing the name of said purchaser or lessee) said offer shall be >: by instrument in writing and the said Trustee or his successors in S.' l title shall have fourteen (14) days within which to accept or reject said offer and, if at the expiration of fourteen (14) days. the said 1 Trustee or hie successors in title have failed or neglected to accept i + or reject said offer, then, in that event. the Grantees or their suc- ceasors in title shall be entitled to make such conveyance or lease. This restriction shall not apply to a sale under a power of sale in i any mortgage. I'r 7. The foregoing restrictions, conditions, ` provisions and reser- I vatione 'shall remain in full force and effect until the year 2000 A.D. or until the expiration of twenty-one. (21) years after the death of the last + '> surviving original Grantor, either an individual or Trustee. I Ib. These restrictions may be modified in writing by the said Trustee of Barnstable Development Trust or his successors in title in their discretion, but failure to give such written modification or violation of the foregoing restrictions by any lot owner, shall not i impose any legal liability whatsoever on the Grantor or successor in title. 9. Said premises are conveyed subject to the zoning and building i i laws of the Town of Barnstable. For title, see doed of Francis L. Van Buskirk,. trustee of ` Barnstable Development Trust to Grantors named hereinabove, dated N! September 13, 1965. anq recorded with Barnstable County Registry of 2+: Deeds, at book 1311. page 510. A j • � � � eoa 13�'c�anooc I i I `• iir.. I bm1363 vArA 446 ( � (see attached addenda) 3eotbmmt � •�+ f I � 's• : lltofN 4!!31_luod• and redo dds 16th _,_.dq o(__ _April __ __ _.19 67 <> f. J, �� �Omm0110lf{ffa of �fusactFn�rtte /• '+F`',n � •i•1 gyp p April 16. 1967 r :' Then p-ondly appeared the above mp.C4,xorrie $riendaon and Anna E. Yriendeoa � and arkrwledo the foreaoina Vaw meu to be their• free at and deed.before ' rc I J� 1 i I��` � � 1111111••••• 1 • j -_y..A• EMAI IQ Xi La i � w •:.;Ii;1,1/•4.LL..•u •y' ty 777 r-•� { J ��;:: ' •vl'r °�a'',•�� • i .y. C7 ` �! 80.0013l elce 058 17379 I, BARBARA WELLS of 1000 Route 6A, Barnstable (West), Barnstable County, Massachusetts, for consideration paid in the amount of i ' �! ONE HUNDRED FIFTEEN THOUSAND AND 00/100 0115,000.00) DOLLARS, y� grant to R03ERT E. KENNEDY, JOSEPH A. KENNEDY, EDWARD J, )MNNEDY, j! and EDWARD J. SCHANK, all of 38 Joy Street, Boston, Massachusetts, 1; < Co-partners doing business as a partnership under the fixm, name and style of The White Elephant Group, as tenants in Partnership, with QUITCLAIM COVENANTS, ' the land, together with the buildings thereon, situate in Barnstable .(West), Barnstable County, Massachusetts, bounded and described as follows: OSOUTHWESTERLY by the State Highway as shown on hereinafter , mentioned plan, One hundred nineteen and - 69/100 (119.69) feetF NORTHWESTERLY Sixty-six and 08/100 (66.08) feet, one hundred =? M and 94/t00 (100.94) feet, and One hundred three �( and 98/100 (103.98) feet, all by land of Walter �! Greymont as shown on said plant NORTHEASTERLY by Lot 11 as shown on said plan, One hundred thirty-seven and 47/100 (137.47) feetF Y. M SOUTHEASTERLY by a 40' Way as shown on said plan, One hundred• \ ninety-nine and 13/100 (199.13) feety and SOUTHERLY by an arc at the intersection of said plan, there measuring Forty-one and 75/100 (41.75) feet. Containing 38,800 square feet, more.or lose, and being LOT IO as � :..�-•., i;•. shown on plan entitled "Subdivision Plan of Land in West Barnstable, +° 4 Maas. for Barnstable Development Trust Scale 1" - 100' January 1963, t.,•. ` David H. Greene, Surveyor, Hyannis, Mass.", which said plan is duly "f`r•= recorded with Barnstable County Registry of Deeds Plan Book 177, • ,�:,;,• Page 43. Together with a right of way as appurtenant to the above described +� >'+2 5:'•'` r lot over the ways as shown on said plan in common with others who j are now or may hereafter be entitled thereto. • '� ,�,,�,,;,,�),: . ,i Reserving a right of way over so much of said lot as by implication of law lies within the limits of any way as shown on said plan> :fix,:^•..:• reserving also the right to grant easements to public service corpora- � ` e tions for the installation and maintenance of public utilities in, over, under and upon any private way as shown on said plan. The above described premises are conveyed subject to the restrictions E'0a•�;`=' ' �! contained in deed from Morrie Friendson at ux to Hjalmar F. Anderson at ux dated April 16, 1967 and recorded with Barnstable County Registry j of Deeds in Book 1363, Page 444. tax, ks; For my title, see deed duly recorded with Barnstable County Registry of Deeds in Book 1992, Page 346. `u..x:`r WITNESS my hand and seal this 3i day of 19e0. Gr�,;-;'N j ��'�r:yt' 1( " COMMON%YIAr F MASSACHUSETTS �-�`«�•- `•��L«S v �''•"'`�•``", yypp da` 1 IJX 111S , Barbara Wells r `�^ '•-�� � air. 1 � f ' 379 w W z c �; w3L31 P1GE osq COMMONWEALTH OF MASSACHUSETTS Barnstable 3 19e0 ty,� ;t,` i personally a above-named Barbara Wells and ' ;..,=,�c •F�;y �, Y appeared the acknowledged the foregoing instrument to be her free act and deed, before me, •3\ S k rlf.,y. 9�� Publ;,•:\ ► commiion expares T- Notary ic u t I S wa � • Q OL 3180 ...`. �' -` vk _ t I "'� eAHNJTAB�6 Ot v£LOPM6NT TAUJT + 1 C00 Main LLC, Peter Eastman, Appellants, V. TOWN OF BARNSTABLEN. - - Building Department Services, Building Division, Appellee. NOTICE OF APPEAL NOW COME THE APPELLANTS, 1000 Main LLC and Peter Eastman, and hereby appeal from the July 24, 2017 Notice of Zoning Ordinances Violation and Order to Cease, Desist and Abate the operation of a multii-ftamiy home and boat storage/maintenance. As rounds for this Appeal,Appellants state as follows: g PP The Appellant is not in violation of Chapter 240_Section 20 B (1) (a) with regard to his operation of a multi-family home. The operation of the residential portion of the premises as a (Iti-family home is a pre-existing, non-conforming use that has existed prior to the adoption of the Barnstable Zoning Ordinance(to wit Chapter 240, Section 20B(l)(a)),and hence is allowed by right. Mafeover,this use has never been discontinued or abandoned. The Appella'f is not in violation of Chapter 240 Section 20 B (1) (a) with regard to his operation of boat storage/maintenance. The�eration of the barn portion of the premises for boat storage/maintenance is allowed both as a pre-existing, non-conforming use and by virtue of a Special Permit allowing the mainwriance,repair and sale of small boats with retail sale of supplies related thereto,which was granted on April 30, 1987 (Appeal No. 1987-35). This Special Permit was recorded with the Barnstable County Registry of Deeds at Book 5757,Page 1 r � " 266 and is still in full force and effect asule of these uses have ever been discontinued or abandoned. WHEREFORE,Appellant respectfully requests that the July 24, 2017 Notice of Zoning Ordinances Violation and Order to Cease,Desist and Abate the operation of a multii-ftamiy home and boat storage/maintenance be vacated. Respectfully submitted, Appellants By the' attorney, racey L. ay or BBO#56 LAW OFFICE OF TRACEY L. TAYLOR 3206 Main Street P.O. Box 45 Barnstable,MA 02630 _ Telephone: (508) 362-3010 email: tltaylorlaw@verizon.net Dated: August 18, 2017 2 Anderson, Robin To: . ' Florence, Brian Subject:. FW: 1000 Main Street, W. Barnstable Please find an email from Mrs.Trafton concerning the boat storage at 1000 Main St,WB. I sent you an email earlier this week concerning this very matter. R:. �btn Robin C.Anderson Zoning Enforcement Officer Zoo Main Street Hyannis;MA 026o1 5o8-8:6274027 . From: Trafton [mailto:trafton@capecod.net] Sent: Thursday, October 05, 2017 9:05 AM To: Anderson, Robin Subjects 1000 Main Street, W. Barnstable Deers.Anderson, Thank you for taking the time to discuss the status of 1000 Main with me on Tuesday. It appears that the owner is starting to fill the backyard with shrink wrapped sailboats for winter storage. Please,let,me.know if there is a change of status on an appeal to or enforcement of the cease and desist order. Again, thank you for your time and attention to this matter. Sincerely..Nancy Trafton ru".�4��7: I�Cii�`:Jil I t"� ii;f',•.�.�:Ci:L':':! -- ; To, An,`ersorll i ;?$'3 t!?:.:i:- ... ,s4 iv T Anderson, Robin To: Florence, Brian Subject: Raphael & 1000 Main St, WB Hi Brian, Raphael came in and filed his home occupation registration. He apologized again for the delay. His-paperwork is currently in order and a copy was made to be installed in the street file. Also, you need to be aware that the following matter has reared its ugly.head again and needs additional attention. I am sure you.will remember the boat storage and illegal multi-family complaint that came in during your first week here. The subject property is 1000 Main St. in WB. I had issued a cease &desist order for boat storage and a multi-family use to the owner. Subsequently, the representative of the property owner clocked in their an appeal with the Town Clerk but did not file a proper appeal in the usual and required manner. The clerks staff sent over a copy with a note that a copy was also submitted to Legal. You directed me to . immediately prepare a written response and reviewed the finished document. A copy has been inserted in the street file waiting for the official notice of appeal. In the meantime, I received another call inquiring about the status of the enforcement matter. It was pointed out that we are now in the fall season and the boats will be coming in from the water. The caller is concerned It, t)%owhors�.'mgrina:business will be delivering and storing boats on this site for the winter:again in.",•a.; defiance of the cease & desist order. I was informed that there has been some additional activity recently but 6f ourse with the cold weather on the heels of October, the marina will be moving many vessels out of'thi water any time now. We should strategize about the next step when you'have a moment. RobinuC:Anderson . c;•:. Zo}i{ng,,.F,ntorcement;Officer 200 Gain Street Hyannis,MA 026oi ,0$'862--4027 ,.:,;L;c.t . ?i't•r;Ti?Ciit;fii _. ." .. .. . . .. . ,f i.. C; ., ... . S'! U." c;L,rSe.-%Ivii! c on. � i I Anderson, Robin From::`•.',,.- Florence, Brian Sent: . Thursday, October 05, 2017 1:40 PM To: ; Anderson, Robin Subject:, FW: 1000 Main Street, West Barnstable As prarri'ised Froffl;'Tracey'L. Taylor[mailto:tltaylorlaw@verizon.net] Serit;,'7hu.rsday, October 5, 2017 10:37 AM S� To:'Fjk rence, Brian . 8iubject i000 Main Street, West Barnstable ..Hi Brian. I am writing to confirm that my client, Peter Eastman, will be filing an application for zoning relief relative to the multi-family and boat maintenance storage usage of the above-referenced premises in the immediate'future. Tracey Tr kcey;L::q Taylor,.Esquire L WO.FFICE OF TRACEY L. TAYLOR 32.06'K in Street P:O'. Box 45 Barnstable, MA 02630 Phone: .(508) 362-3010 Fax:, (508) 437-7923Ca E'=maiN 'tltaylorlawD_verizon.net iA6kt'raceytaylorlaw.com .i lo I h rALIffWAS aa�laHoesO s #ass Tent RAI to Sup* MARCH 2011 50E,b f Iiu�fie.Tate,f1338� f -SOW fa�8]3,�'OQ-83?D serfs dowrAW on Mis cent kste ham been flame- AT. ate ham been treated with a 8ame4eiardwd approved =paid chean was done in oonkaname with Federal e rdd Cx- oil Sally Shea Town of Barnstable Assistant Zoning Admin/Lead Permit Tech. 508-862-4031 From: Nicole Pelletier [mailto•npelletier(&trmcom-coml Sent: Thursday, June 08, 2017 2:58 PM To: Shea, Sally Subject: RE: Building Permits for Cape Cod Community Co Good afternoon Sally, I hope all is well with you and you are enjoying this beauti I just wanted to give you the heads up that one of my colle tomorrow morning between 8:30-9:30 to drop of another there myself for a couple of weeks so he was kind enough t` I have given him all the necessary information and he know get the other sign offs before bringing the application back Site address:498 West Main St. annis, MA 01 -IrmW`Aof Barnstable, MA Page 1 of 5 Town of Barnstable,MA Wednesday,May»,2076 Chapter 240. Zoning Article III. District Regulations § 240-20. West Barnstable Village Business District. A. Purpose and intent. The purposes and intent of this section is to guide development and redevelopment in West Barnstable Village Business District so that it: (1) Promotes a location-appropriate scale and traditional mix of business, institutional and residential land uses that contribute to and respect the historic character and historic neighborhood development patterns. (2) Acknowledges the historic context of the village and preserves or enhances historic buildings or other historic resources. (3) Protects and preserves the historic and scenic streetscape. (4) Provides a variety of functions that support residents'day-to-day use of the district. (5) Supports and enhances the diverse local economy and retains established village goods and service offerings. (6) Preserves and protects the traditional New England village character of West Barnstable through architectural design that replicates in scale and character the best examples of traditional neighborhood design from the historic towns and villages of Cape Cod and New England to enhance the aesthetic quality of Barnstable as a whole. (7) Conforms with the Old Kings Highway Regional Historic.District Act. (8) Is consistent with the Barnstable Comprehensive Plan and the West Barnstable Village Plan. B. The following uses are permitted in the WBVBD, provided that no operation shall result in the treatment,generation, storage or disposal of hazardous materials, except as follows: household quantities; waste oil retention facilities for small-scale retailers of motor oil required and operated in compliance with MGL C. 21 §52A; oil on site for heating of a structure or to supply an emergency generator. http://ecode360.conVprint/BA2043?guid=6558432 5/11/2016 I `'roN m=of Barnstable, MA Page 2 of 5 (1) Principal permitted uses. (a) Single-family residential dwelling. A single-family residential dwelling may be freestanding or attached to a building also used for nonresidential uses. More than one single-family residential dwelling per lot is permitted as long as there is a minimum of one acre per single-family dwelling, but in no case will more than one principal permitted single-family residential dwelling be contained in any one building. (b) Small-scale retail store. (c) Professional, business or medical office. (d) Office of a bank, credit union, savings and loan or other financial institution. (2) Accessory uses. The following uses are permitted as accessory uses in the WBVBD: (a) Bed-and-breakfast operation within an owner-occupied single- family residential structure, subject to the provisions of§ 240-11C (6) except Subsection C(6)(b)[1] and [2]. No more than three total rooms shall be rented to not more than six total guests at any one time in the WBVBD. No special permit shall be required in the WBVBD. For the purposes of this section, children under the age of '12 years shall not be considered in the total number of guests. (b) Automated banking facilities (ATM) shall be located within a principal building and shall not be accessed from the exterior of the building. (c) Accessory apartments as provided for in the Town of Barnstable Code, Chapter 9, Affordable Housing,Article 11, Accessory Apartments and Apartment Units. (3) Special permit uses. The following uses are permitted, provided that a special permit is first obtained from the Special Permit Granting Authority(SPGA) subject to the provisions of§ 240-125C herein and subject to the specific standards for such uses as required in this section: (a) Artisans and craftspeople. (b) Personal service business. (c) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy subject to the provisions of§ 240- 44•1 (4) Special permit performance standards. In addition to the standards for the grant of a special permit set forth in § 240-125C, the grant of any special permit within the WBVBD requires findings to support that the development meets the following criteria: (a) Is compatible with and supports the purpose and intent of this section. http://ecode360.com/print/BA2043?guid=6558432 5/11/2016 I' owriof Barnstable, MA Page 3 of 5 (b) Mitigates impacts to safety and congestion from development. (c) Protects and preserves water supply for both drinking water and fire protection. (d) Stormwater shall be contained on site and mitigated using best management practices. (e) Manages waste, by-products and other debris that may be associated with artisan and craft use in a manner compatible with abutting or nearby residential uses. (f) Does not generate noise,vibration, smoke, dust or other particulate matter, odors, heat,glare or intrude with similar nuisance on abutting or nearby residential uses. (g) Storage of all raw material and finished product.associated with artisan or craft use shall be stored within a duly permitted permanent structure. All outdoor storage associated with artisan or craft use is prohibited. (h) Deliveries may take place not sooner than one hour before, or later than one hour after the permitted operating hours of a business. (i) Vehicles are prohibited from running motors, refrigeration units or other mechanical units outside of permitted hours of operation. (5) Bulk regulations. Minimum Yard Setbacks Maximum Lot Minimum MinimumMinimum Maximui8overage Lot Area Lot Lot Building as%of (square Frontage Width Front3 Side Rear Height Lot feet) (feet) (feet) (feet) (feet) (feet) (feet) Area 43,56o 16o — 30 30 30 30' 102 NOTES: ' Or two stories,whichever is lesser Z No more than 33%of the total upland area of any lot shall be made impervious by the installation of buildings, structures and paved surfaces. 3 Front yard landscaped setback from the road lot line: 20 feet. Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained,the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 3o feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained; substantially in accordance with any site plan approved pursuant to Article IX herein. http://ecode360.com/print/BA2043?guid=6559432 5/11/2016 f 'ToWn'of Barnstable, MA Page 4 of 5 (6) 'Nonconforming use limitations. Within the WBVBD the change of a nonconforming use to another nonconforming use is prohibited notwithstanding the provisions of§ 240-94A. A nonconforming use shall only be permitted to change to a principal permitted use as of right or to a special permit use as provided for by the grant of a special permit pursuant to § 240-20B(3) and (4) herein. (7) Corporate branding. Buildings, colors, signage, architectural features, text, symbols,graphics, other attention-getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation are prohibited. All structures and sites shall be designed to include architectural and design elements that are consistent with the WBVBD architectural composition, character, and historic context. Interior corporate branding elements shall not be visible to the street through windows, doors or by any other means. The Town will work with applicants to adapt critical functional features of prototype plans to their sites, but will not accept standard plans, building forms, elevations, materials, or colors that do not relate to the site, adjacent development or West Barnstable community character. (8) Site development standards. In addition to Article IX, Site Plan Review, and Article VI, Off-Street Parking,the following additional requirements shall apply within the WBVBD. (a) Loading docks. Loading docks shall be screened from Meetinghouse Way (Route 149), Main Street (Route 6A), Lombard Avenue, Navigation Road, Packet Landing Road and Whitecap Lane with landscaping or fencing materials of an appropriate scale. (b) To the greatest extent feasible, all new parking areas shall be located to the side and rear of the building. Parking is not permitted in the required front yard setback with the exception of parking required by ADA compliance as determined by the Building Commissioner. (c) Curb cuts and driveways. '[1] Shared driveways and parking area interconnections are strongly encouraged. No more than one curb cut on Meetinghouse Way (Route 149, Main Street (Route 6A), Lombard Avenue, Packet Landing Road, Navigation Road and Whitecap Lane shall be allowed for any lot. For traffic safety and to reduce traffic congestion, no new driveways shall be permitted on Route 149, Route 6A, Lombard Avenue and Whitecap Lane within 200 feet of any intersection. [2]. Driveways shall not exceed the width required by site plan review. (d) Lighting. In no case shall exterior or outdoor'lighting cause glare that impacts motorists, pedestrians or neighboring premises. [1] All exterior lighting shall use full cutoff light fixtures in which no more than 2.5% of the total output is emitted at go"from the vertical pole or building wall on which it is mounted. http://ecode360.com/print/BA2043?guid=6558432 5/11/2016 •TowlPof Barnstable, MA Page 5 of 5 [2] Up-lighting is prohibited. (9) Definitions. The following terms are defined in the WBVBD and shall not be construed to apply to other regulations. ARTISAN OR CRAFTSPERSON USE A small-scale use that typically employs one or two people who practice craft or artisan activities. A key feature of works produced by artisans or craftspeople is the high degree of manual expertise involved. The use must be compatible with abutting and nearby residential and nonresidential uses. The following is included in the definition of"artisan or craftsperson use:" (a) ARTISAN OR CRAFTSPERSON A person using manual skills to produce, in limited quantities, ornamental or functional works in ceramic, Citation, ss, metal, paper, wood or textiles. Examples include, without the following: drawing, painting, sculpture, pottery, photography, graphic design, interior design,fashion design,jewelry making, wood turning,glass blowing,furniture making, small wooden boat building, upholstering and weaving. PERSONAL SERVICE Establishments engaged in the provision of services, but not goods, of a personal nature to individuals and households. Such establishments include barbershop, beauty salon, clothing repair or seamstress shop, shoe repair shop,florist and day spas. Personal service establishments that are not commonly found in rural village environments such as check cashing services,fortune tellers, psychics, palm readers and similar services, spas and hot tubs for rent,tanning, piercing and similar services are prohibited. SMALL-SCALE RETAIL STORE Small stores and businesses, including but not limited to, corner groceries, bookstore, galleries and other small retail uses typically found in small New England towns. Small-scale retail does not include retail or commercial buildings or storage designed to serve a large volume of customers, e.g.gasoline and oil filling stations, garages for automotive repair. Small-scale retail is subject to corporate branding limitations as described herein and shall not include drive-through window service. [i] Editor's Note: Former§240-20, 0-7, 0-2 and 0-3 Office Districts, as amended, was repealed 7-74-2oo5 by Order No. 2005-700. http://ecode360.com/print/BA2043?guid=6558432 5/11/2016 ruv,L, Town of'Barnstabir 200 Main St. Hyannis,MP j js NOTES TO THE FILE October 21, 2008 IA '3/ /vas/01� �G Speedwell Boat Works. 1000 Main St. West Barnstable Pubhc: fr 0�' Health Cynthia Martin, BOHV . Town fi of Barnstable 200'Main St. g NYC MA 02601 This business filed a Toxic and Hazardous Materials On-Site Inventory on an unspecified date. An inspection of the facility on October1-221;,'2Q08`revealed that Speedwell Boat. Works is no longer in business. Mr. Charles $irdsey,:who was on site, reported that he no {: longer works on boat building. The barn, garage and two sheds contained no hazardous material other than what Mr. Birdsey and his,son use for their personnel use. Two boats, owned by the Birdseys were stored in the barn.. There were several small boats being stored outdoors on the property but there was no evidence of any maintenance being performed. r r i , i t } I Massachusetts Cultural Resource Information System -� Scanned Record Cover Page Inventory No: BRN.1009 , Historic Name: Howland Homestead Common Name: Address: 1000 Main St City/Town: Barnstable n r ate" Village/Neighborhood: West Barnstable Local No: 41 Year Constructed: 1882 Architect(s): Architectural Style(s): Second Empire Use(s): Agricultural;Other Commercial;Single Family Dwelling House Significance: Agriculture;Architecture BRN.M: Old King's Highway Historic District Area(s): BRNX Barnstable Multiple Resource Area BRN.O:Old King's Highway Regional Historic District BRN.AO:West Barnstable-Central Designation(s): Local Historic District(05/01/1973); Nat'l Register MRA (03/13/1987); Nat'l Register District(03/13/1987) Building Materials(s): Wall:Wood;Wood Shingle Foundation: Brick The Massachusetts Historical Commission (MHC) has converted this paper record to digital format as part of ongoing projects to scan records of the Inventory of Historic Assets of the Commonwealth and National Register of Historic Places nominations for Massachusetts. Efforts are ongoing and not all inventory or National Register records related to this resource may be available in digital format at this time. The MACRIS database and scanned files are highly dynamic; new information is added daily and both database records and related scanned files may be updated as new information is incorporated into•MHC files. Users should note that there may be a considerable lag time between the receipt of new or updated records by MHC and the appearance of related information in MACRIS. Users should also note that not all source materials for the MACRIS database are made available as scanned images. Users may consult the records, files and maps available in MHC's public research area at its offices at the State Archives Building, 220 Morrissey Boulevard, Boston, open M-F, 9-5. Users of this digital material acknowledge that they have read and understood the MACRIS Information and Disclaimer (http://mhc-macris nettmacrisdisclaimer htm) Data available via the MACRIS web interface,and associated scanned files are for information purposes only.THE ACT OF CHECKING THIS DATABASE AND ASSOCIATED SCANNED FILES DOES NOT SUBSTITUTE FOR COMPLIANCE WITH APPLICABLE LOCAL,STATE OR FEDERAL LAWS ANDS REGULATIONS.ll YOU ARE REPRESENTING A DEVELOPER AND/OR A PROPOSED PROJECT THAT WILL REQUIRE A PERMIT,LICENSE OR FUNDING FROM ANY STATE OR FEDERAL AGENCY YOU MUST SUBMIT A PROJECT NOTIFICATION FORM TO MHC FOR MHC'S REVIEW AND COMMENT.You can obtain a copy of a PNF through the MHC web site(www.sec.state.ma.us/mhcl under the subject heading"MHC Forms." Commonwealth of Massachusetts Massachusetts Historical Commission 220 Morrissey Boulevard, Boston, Massachusetts 02125 www.sec.state.ma.us/m he This file was accessed on: Friday, July 21, 2017 at 12:05 PM ly, /^ _ _ r �' I i� L''n} 30s-.:O;1, "iA 02100 CJ .. _ — — — — — — — — — — — — — — — — TownBarnstable West Barnstable-Centra _J1.0Q99 - ,� storic N:--_,e�Howland Homestead Homestead - farm Present Residence / village busine _ -rsi,Yp j. - n.y'rate ind--id1131 P�a vate or rani za t .on Public Ori-inal. o,,ne:. Shadrach N. Howlar. ClUPTIO\ cxoss stxcczs and of :cr• buiIdir. s Date_ 1882 or gecgra-chical. J."::Cir es. Indicai.c liartsl. ;o�xce deeds , atlases , style Style French Empire (Mansard) style N :PACKET LANDING Vi ctori an period . ROAD Architect unknown Q EXi CT4 0-r wa11 �-abric wooden shingle n OutbujAdj-111gs barn and garage _. MAIN . WEST DAR1 MMLE [a STBEEI' GCM�TERY ►�-`vj or altr:ra'r.�.Cns ('rri.�.:h ciat.4S)_- none KRILROAD Moved no Dat e _ ROUTE ly9 _..� .^----- A-opro:,. acxe:^?_ .89 acres Recor, cO. by Martin E.' Wirtanen Settin; Residential in village business OrL�.��i�Uteti Barnstable Historical Commission district D,ti-e March 20, 1983 Photo R1-7-B4.1 NJ L/ 47 -f- a-1, -i'ZCTU, Al., eval,ua,cc This two story French. Second Empire house has the typical mansard roof which is .doubli- pitched with a steep lower slope on all four- s'ides. The windows are large 2/2 pane with pedimented dormers-and.-one three window bay dormer. The has a decorative desigr on the bottom edge. The house features an open porch the full length of the south and east sides of the house and has a story and a.. half wing with a gable roof on the north end. There is one central and one off centered to the west narrow chimneys and the front door on the south side features 3/3 lites. The house foundation is brick. The overwhelming scale of tfie mansard roof i's-typical of most examples of the Second Empire style in West Barnstable . I C tbO 7-011- 07 S`84_ 5 .:7Y iSFORICAL SIGNIF L; _e anet 110".., tlic bilil ;n�� 's La t-lip, cove)-c"PI"I. 0:.:! ni 'l This property was once part of the ninety acres purchased by Lieutenant John' Howland after 1658. The second of the name, he was born in Plymouth in 1626-27 and was the first of nine generations to live and farm at the "Great Marshes:,, In 1672' he- conveyed by deed the easterly half (forty-five acres) to his brother-ini-law Elder John Chipman. The Howland property .after' 1672 was located on the north by the "Great Marshes" , east by Chipman property and west by Blossom property. When the county road.was laid out in .-1686 it passed thru John* Howland's sheepyard, leaving his house on the north and his barn on the south. Lieutenant John Howland held many town offices and was Lieutenant of the local military company. The Howland family continued'to;,d6elop1he property for farming and raising 'of livestock and many generationswerL ,acti've.,-.in the village political , social and business 'affairs. The property is located on the north side of the "Old County" Road.. This cottage was likely built shortly afto.r Mercy Burnham and Ella Graff gaified - title to the land in 1882 . Mercy' Ella , who-were listed as residents of New York. City at the time they gained title .-to the ' prope.rty , were the daughters of Shadrach HowlAnd. When the proper.ty was transferred back to Shadrach in 1892 with,'4spec.ific mention of - buildings. other than a barn , Mercy ' s last ;name had *cfian-g*ed, -to-`B_r6,wn , .' and Ella ' s to Roe , indicating a marrige' The Howland fami' ly : continded` to own the property until 1945 . ancl/or Trayser, Donald G. ,- Barnstable: Three Centuries of a .Cape Cod Town, 1939 Otis, Amos , Genealogical Notes of Barnstable Families, 1888 Registry of Deeds , Barnstable County Registry of Probate, Barnstable County Barnstable County Atlas 18" , 1880 and 1907 1_v v Previous Owners 1980 Barbara Wells from the White Elephant group. Buildings and land 1980 White Elephant group from Barbara Wells 1974 Barbara Wells from Hjalmar and Genie E. Anderson 1967 Hjalmar F. Anderson from Morris Friendson 1965 Morris Friendson from Francis L. VanBuskirk 1961 Francis L. VanBuskirk, Trustee, from Francis L. and Kathleen VanBuskirk 1960 Francis L. and Kathleen VanBuskirk- from Irving M. and Aurore L. Lawrence 1955 Irving M. and Aurore L. Lawrence from Francis H. and Forrest W. Lambert 1954 Francis H. and Forrest W. Lambert from William L. and Melissa A. Cash 1945 William L. and Melissa A. Cash from Adeline F. Howland 1933 Adeline F. Howland, widow, from inheritors of .Shadrach E. Howland will of 1932 1892 Shadrach N. Howland from Ella F. Graff and Mercy E. Burnham. Land and buildings in front of barn. 1882 Mercy E. Burnham and Ella F. Graff from Shadrach N. Howland. .Tract of land in front of barn .1847 Shadrach N. Howland .'from Jabei• Howland. All real estate of late Ansel Howland that came to his-children 1844 Shadrach N. Howland from Jason Howland. One half of homestead of late father. Mother, Mercy Howland, right. to live in house 1839 Shadrach N: Howland from Ansel Howland. All real estate in the Town of Barnstable 1837 Jason and Shadrach N. Howland from Ansel Howland, father. One third undivided part of homestead of late father. Nine acres and house • v4 i Mkssag Pagel of 2 -.-Anderson, Robin To: Lauzon, Jeffrey Subject: 1000 Main Street, WB Jeff, Please be advised that I am preparing a cease & desist order for the aforementioned property per our discussion this morning. As you will recall, we discussed the history and alleged violations. I advised you that I reported to the subject site yesterday with Bob. I reviewed the information and status with you as a result of my research and the inspection on 7/20/2017. The°conditions and available evidence identified and discussed is as follows: . The property is a single family home on .89 of acre. It now consists of 3 apartments. This information is verified by the rental registration submitted very recently this yeai (for the;first time). It identifies 3 rentals on the application and includes the names.of three individual tenants. . The boat storage aspect was confirmed yesterday afternoon when Bob and I reported to the site. Photos were taken but there is a dense landscaping buffer along the side &'rearyard property lines so it's hard to actually.discern the number of boats in the photos. There were multiple shrink-wrapped units on the lot. . I found a SP issued in 1987 (SP 1987- 35). It allowed for: . . ".:.The maintenance, repair, & sale of small boats with retail sales of supplies related thereto." :. The:special permit condition limits the number of boats stored outside to one;only. There is evidence on file that the boat building/maintenance use ceased in or around -...,.10/21.12009 per Cynthia Martin, a former Haz Mat inspector for the.Health Davison. She,docu.mented this as a result of an annual inspection and conversation with:Mr:::s; :Birdsey, the former owner/resident during that timeframe. (Ms. Martin subsequently - left the town to work for the County Board of Health.) ; ..The.residential structure formerly had a history of multiple units according to the background in the ZBA application & decision. That nonconformity changed in 1987 with the exercise of the special permit granted to the applicant, Mr. Birdsey.. He reconfigured the NC dwelling (consisting of multiple units) into one residential apartment for himself and his spouse and an office on the first floor for his wife's : :::: z, adoption-agency. ' ii Atan'undetermined but more recent date, the main house was converted into 3 residential.units and a boat storage use commenced. !' There were no permits or approvals for the structural changes or the changes:in us:e.: = Currently, the governing zoning is WBVD. The provision.outlined in 240-20 B .(:1t) (a) limits apartments or multi-families by land mass (1 acre per unit) and location (not in:a single structure). This site does not have the required land mass to allow for - three dwelling units. . There.are no permits or approvals on file to allow for any change, intensification, introduction or reestablishment of any use other than the principalt:t} Nfi6s"soage ?age'-2_of 2 allowed as of right single family use. Please let,me know if you can offer any clarification or correction otherwise I will proceed with the:cease.and desist order for the multi-family & boat storage use to be.sent out. Monday.morning. Robin C.Anderson Zoning Enforcement Officer 20o Main Street Hyannis, MA 026oi ,. 508-862-4027 . Nil 7/21:/20'17 r i own of barnstawe Building Department Services Fz"e rqy�� Building Division Jeff Lauzon,Acting Building Commissioner a►iwsTAaLE, = 200 Main Street,Hyannis,MA 02601 MASS. 163q. )38 Fax: -508-790-6230 Notice of Zoning Ordinances Volation(s) and Order-to Cease, Desist and Abate: 4000.Main LLC, Peter Eastman, and all persons having notice of this order. As owner/occupant of the : .premises/structure located at 1000 Main St,W Barnstable,MA 02668 --Map,179.Parcel 002,you are hereby notified that you are in violation of the Town of Barnstable Zoning C�tdinances and are ORDERED this date,July 24,2017 to: 1. CEASE AND DESIST BUgEDUTELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION:. Violation of Town of Barnstable Zoning Ordinances: Chapter:240 Section 20 B (1) (a) WB-Village Business District 2. COATMENCE immediately,action to abate this violation. _ SUMMARY OF ACTION TO ABATE: -Operation-of a multi-family home and boat storage/maintenance. Remedy: :..:.. -Immediately relocate all commercial activity (marine related uses) to a zoning appropriate commercial location. Must restore and reconfigure Property to a single-family home. All necessary permits and inspections are.required to close out complaint A,nd;.if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). It at the expiration of the time allowed,action to abate this violation has not commenced,further action as the:law requires will be taken. B order, Robin C.Anderson Zoning Enforcement Officer Q/FORMS/viozonel m u7 m a OFFICIAL USt� Cr Certified_Mail Fee Er Extra Services&Fees(check box,add tee as appropriate) , /�. ❑Return Receipt(hardcoP» $ •r r3 ❑Return Receipt(electronic) $ Postmark 0 ❑Certified Mail Restricted Delivery $ Herd p ❑Adult Signature Required $ []Adult Signature Restricted Delivery$ •� L-J Postage �a Total Postage and Fees V'I $ Sent To S�iee�'andr ..PO..z hlo: `JtT�:'�'�• i---------------- 9. r fate.ZIP+4 6, SOX- ........................... D „ ,,,.,. Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail ■A unique identifier for your mailpiece. associate for assistance.To receive a duplicate •Electronic verification of daliv r attempted return receipt for no additional fee,present this_, delivery. USPS&postmarked Certified Mail receipt to the l ■A record of delivery(Including the recipients retail associate. lv signature)that is retained by the Postal Service- Restricted delivery service,which provides I T1 for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent L3 Important Reminders: Adult signature service,which requires the -0 1 ■You may purchase Certified Mail service with signee to be at least 21 years of age(not ^p First-Class Mail®,Rrst-Class Package Service°, available at retail). ` or Priority Mail*service. Adult signature restricted delivery service,which ■Certified Mail service is notavallable for requires the signee to be at least 21 years of age, International mail. and provides delivery to the addressee specified 3 e Insurance coverage Is notavailable for purchase by name,or to the addressee's authorized agent 3 with Certified Mail service.However,the purchase (not available at retail). L: of Certified Mail service does not change the ■To ensure that your Certified Mail receipt is Insurance coverage automatically included with accepted as legal proof of mailing,it should bear a] certain Priority Mail items. USPS postmark If you would like a postmark im Tt ■For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail Item at a Post Office-for ' 1 the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion s of delivery pncluding the recipient's signature), of this label,affix it to the maiipiece,apply, f-k You can request a hardeopi return receipt or an. appropriate postage,and deposit the mailpiece.M_ electronic version.For a hardcepy return receipt, r ,� complete PS Form 3811,Domestic Return r -+; . Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT!Save this receipt for your records. r ) > " '..1 Ps Form 3800,April M15(Reverse)PSN 7530-02-000-9047 � b i I ' a • ri4�.� ,.x i Postal CERTIFIED oRECEIPT C3 mDomestic Mail Only Ln m For delivery information,visit our website at ww.w.usps.corno. o Q' Certified Mail Fee Er . ,✓,. Extra Services&Fees(check box,add fee as appropriate) ., L�. t 0 Return Receipt(hardcopy) $ C�% - C ❑Return Receipt(electronic) $ Postmark 3 ❑Certified Mail Restricted Delivery $ Hefe- r3 [-]Adult Signature Required $ y ❑Adult Signature Restricted Delivery$ 0 Postage m $ rq rq Total Postage and Fees � sentTo W a n: , ' ----- i � eStnd6zNo. --------- � fix -------------------------------------- r tale,ZIP+4 V� 0 3 i i own of barnstaaie ' Building Department Services Building Division Jeff Lauzon,Acting Building Commissioner BARNSTABLE, I 200 Main Street,Hyannis,MA 02601 Mass. . i63q )38 Fax:-508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate "400.0 Main LLC, Peter Eastman, and all persons having notice of this order. As owner/occupant of the premises%structure located at 1000 Main St,W Barnstable,MA 02668 --Map.1.79.Parcel 002,you are hereby notified that you are in violation of the Town of Barnstable Zoning OCdinances and are ORDERED this date,July 24,2017 , to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned.premises. SUMMARY OF VIOLATION:. Violation of Town of Barnstable Zoning Ordinances: Chapter:240 Section 20 B (1) (a) WB'Villhge Business District 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: Operation.of a multi-family home and boat storage/maintenance. Remedy: Immediately relocate all commercial activity (marine related uses) to a zoning appropriate commercial location. Must restore and reconfigure property to a single-family home. All necessary permits and inspections are.required to close out complaint. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the:law requires will be taken. qBordder, Robin C.Anderson Zoning Enforcement Officer Q/FORMS/viozonel r Application Details -Health Page 1 of 1 Health Rentals Town of Barnstable Welcome stantond rT Applications Logout Parcel:179002 Location: 1000 Main st./rte 6a(w.barn.),West Barnstable 1 2017 Application Units Certificate Building Unit. Unit Description Occupant OO Active Search a }i Reset Search 9 i 1 .J j Certificate:5065 Certificate year:2017 --- -- ---- 1 Building:. Unit number:1 Unit description: Address note: E 1 I Bedrooms:2 Authorized bedrooms: Max occupants: Building type:Apartment building Built before 1979:Yes Private well:No E Child less than six:No Certificate date: Fee:90.00 Late fee:10.00 Comments: I Occupant____.. —............ —_.._._..--_._._....___..—.._._._----__.—______.--_—.—._..__—_—___.._.___..—_—_., Ii Name:Scott jansson Phone:917-545-8396 Phone 2: Email: I 1 1 j Comments: F i 1 i j { t j Certificate:5066- Certificate year.2017 Building: Unit number:2 Unit,description: Address note: i Bedrooms:1 Authorized bedrooms: Max occupants: i j I Building type:Apartment.building Built before 1979:Yes Private well:No t Child less than six:No Certificate date: Fee:25.00 Late fee: 10.00 ; i Comments: 1 i ._Occupant--'- Name:Laura Burns'Phone:802-310-2690 Phone 2: Email: � r r i Comments: � l i e �I fI is Certificate:5067 Certificate year.2017 Building: Unit number:3 Unit description: Address note: j I jI Bedrooms:1 Authorized bedrooms: Max occupants: i a i E Building type:Apartment building Built before 1979:Yes Private well:No t R Child less than six:No Certificate date: Fee:25.00 Late fee:10.00 Comments: 1 I � ..Occupant i I Name:Chris Howard Phone:508-560-5362 Phone 2: Email: C f ; Comments: k I Back to List Rentals —I/LT., 41,D--.+a)/A""I;oat;nn/T')Ptatic/1Ir.7% //20/201 / f Application Details - Health Page 1 of 1 . Health Rentals Town of Barnstable Welcome stantond IT Applications Logout Parcel: 179002 Location: 1000 Main St./rte 6a(w.barn.),West Barnstable I I 2017 Application Units .......... --- - ----— _ —_ _...- ------- Application date: 6/27/2017 Notice to register date: I I iNumber of units: Zoning Approval: i i I Comments: ! Owner..._.._.._... ._. ---- I I Owner: 1000 MAIN LLC Daytime 508-362- phone: 6859 i Co- PETER EASTMAN Home phone: Email: peastman@aol.com owner: j Address: PO BOX 125, BARNSTABLE, MA Cell phone: 508-360- I i 4 02630 6859 i l Comments: ! Owner Representative—_----._---._.—___—.--.—.— ---I i I , Name: Tracy Taylor-Attorney Phone: 508-360-3010 Email: { I ! Address: PO BOX 45 , Barnstable, MA 02630 Phone 2: Send renewal: I ! ; I ! Send certificate: Comments: Back to List Rentals r uu w a; Tow ft o#'BamstaOic 2.0U Main St. -1:1.yanns,M { j;s is . NOTEES T O THE:FILE October 21, 2008 Speedwell Boat Works. ; 1000 Main St. West Barnstable Publics oe' f1eP . Health Division l Cynthia Martin, BOH fC. T <ofBatnstable y/ � i St: Hates,MA 02601 This business filed a Toxic and Hazardous Marena�ls On Site.Inventory.on an unspecified date. An inspection of the facility,on Octobext2l; 2008 fevealed;:that Speedwell Boat. Works is no longer in business. Mr. .Charles Birdsey,wl?o was on-site, reported:that he no longer works on boat building. The barn, garage and'two.sheds contained zardous no ha I. material other than what Mr. Birdsey and hasss'on use.for their pefsorniel use. Two boats:. owned by the Birdseys were stored in.the;.barn;; These Were several small boats being stored outdoors on the property but thee w,as o`evidence of any maintenance being performed. Message Pagel of 2 Anderson, Robin tf To: Lauzon, Jeffrey , Subject: 1000 Main Street, WB Jeff, Please be advised that I am preparing a cease & desist order for the aforementioned property per our discussion this morning. As you will recall, we discussed the history and alleged violations. I advised you that I reported to the subject site yesterday with Bob. I (eviewed the information and status with you as a result of my research and the inspection on 7/20/2017. TFie'conditions and available evidence identified and discussed is as follows: . The property is a single family home on .89 of acre. It now consists of 3 apartments. This information is verified by the rental registration submitted very recently this year (for�he:first time). It identifies 3.rentals on the application and includes the names.of "tfYree'hdi' idual tenants. . The boat storage aspect was confirmed yesterday afternoon when Bob and I reported to the site. Photos were taken but there is ajdense landscaping buffer along the side :&-'rearyard property lines so it's hard to actually.discern the number of boats in the photos. There were multiple shrink-wrapped units on the lot. . 1 found a SP issued in 1987 (SP 1987- 35). It allowed for: .0 ...The maintenance, repair, & sale of small boats with retail sales of supplies related thereto." :The:special permit condition limits the number of boats stored outside to one;only. There,is evidence on file that the boat building/maintenance use ceased in or.around 1:0/21;/2009 per Cynthia Martin, a former Haz Mat inspector for the.Health Davison. $be!documented this as a result of an annual inspection and conversation with:Mr:. : ; ,E ird$ey, the former owner/resident during that timeframe. (Ms. Martin subsequently left the town to work for the County Board of Health.) ; .The residential structure formerly had a history of multiple units according to the background in the ZBA application & decision. That nonconformity changed in 1987 .....with the exercise of the special permit granted to the applicant, Mr. Birdsey.. He reconfigured the NC dwelling (consisting of multiple units) into one residential. apartment for himself and his spouse and an office on the first floor for his;wife's; :,:< adoption.agency. Af an'iindetermined but more recent date, the main house was converted into 3 residential:units and a boat storage use commenced.' . There were no permits or approvals for the structural changes or the changes:in:us:e.. Currently, the governing zoning is WBVD. The provision.outlined in 240-20 B .(1�):1- (a) limits apartments or multi-families.by land mass (1 acre per unit) and location (not in a single structure). This site does not have the required land mass to allow for three dwelling units. There.are no permits or approvals on file to allow for any change, intensification, introduction or reestablishment of any use other than the principal;,,; Pdge:2:of 2 7 i.-J i allowed as of right single family use. Clease.let,me know if you can offer any clarification or correction otherwise I will.proceed, with'tbe;cease.and desist order for the multi-family & boat storage use to be.sent out =k 1.. _ Monday morning. Robin C.Anderson Zoning Enforcement Officer 200..Mairi-Street Hyannis,MA o26oi ? 508-862-4027 '. +• .. 1, 7/21/20:17 Official Website of The Town of Barnstable - Property Lookup Page 1 of 5 7. t Select Language Assessing Division Property Lookup Results - 2017 367 Main Street,Hyannis,MA.02601 <<BACK TO SEARCH<< 913rint Friendly Owner Information-Map/Block/Lot:179/002/-Use Code:1010 Owner Owner Name as of 1/1/16 1000 MAIN LLC Map/Block/Lot G/S MAPS PO BOX 125 179/002/ arty Address BARNSTABLE,MA.026 1000 MAIN ST./RTE 6A(W.BARN.) Co-Owner Name Village. s a le Town Sewer At Address:No on Value:S T WBV10 ;, �•-- Assessed Values 2017-Map/Block/Lot:179 02/-Use Code:1010 4 2017 Appraised Value 2017 Assessed ValuePast Comparisons .;Building $198,900 $198,900 Year Assessed Value Value: Extra $44,100 $44,100 2016-$532,500 Features: 2015-$461,200 2014-$462,200 2013-$472,800 Outbuildings:$63,300 $63,300 2012-$483,200 2011-$463,800 Land Value: $228,900 $228,900 •2010-$465,800 2009-$434,300 2017 Totals $535,200 $535,200 2008-$439,900 2007-$439,900 Tax Information 2017-Map/Block/Lot:179 1 002/-Use Code:1010 Taxes W.Barnstable FD Tax $0 (Commercial) Fiscal Year 2017 TAX RATES HERE W.Barnstable FD Tax(Residential)$ 1,445.04 Community Preservation Act Tax $153.17 Town Tax(Commercial) $0 Town Tax(Residential) http://www.townofbamstable.us/Assessing/propertydisplayscreen 17.asp?ap... 7/24/2017 Official Website of The Town of Barnstable - Property Lookup Page 2 of 5 $ 5,105.81 6,704.02 Sales History-Map/Block/Lot:179/002/-Use Code:1010 History: Owner: Sale Date Book/Page: Sale Price: 1000 MAIN LLC 2013-12-11 27876/218 $540000 PACKET LANDING LLC 2007-08-21 22277/102 $1 BIRDSEY,CHARLES J&BIRDSEY,BARBARA T1987-06-15 5757/268 $360000 AUCLAIR,L RICHARD 1986-03-15 4959/238 $1 KENNEDY,ROBERT E ET AL 1980-07-31 3131/58 $0 Photos 179/002/-Use Code:1010 a Sketches-Map/Block/Lot:179 1 0021-Use Code:1010 s t As Built Cards:Clickcard#to view:Card#1 Constructions Details-Map/Block/Lot:179 1 0021-Use Code:1010 Building Details Land Building value $198,900 Bedrooms 2 Bedrooms USE CODE 1010 Replacement Cost $248,611 Bathrooms 2 Full-0 Half Lot Size 0.89 (Acres) Model Residential Total Rooms 6 Appraised $228,900 Value Style Conventional Heat Fuel Oil Assessed $ Value 228,900 Grade Average Heat Type Hot Water Plus Year Built 1900 AC Type None http://www.townofbamstable.us/Assessing/propertydisplayscreenI 7.asp?ap... 7/24/2017 Official Website of The Town of Barnstable - Property Lookup Page 3 of 5 Effective 20 Interior Floors Pine/Soft Wood depreciation ittP:;: i Stories 2 Stories Interior Walls Plastered Living Area sglft 2,399 Exterior Walls Wood Shingle Gross Area sqlft 4,331 Roof Gable/Hip Structure Roof Cover Asph/F GIs/Cmp Outbuildings&Extra Features-Map/Block/Lot:179/002/-Use Code:1010 Code Description Units/SQ ft Appraised Value Assessed Value FPL2 Fireplace 1.5 1 $4,500 $4,500 stories FGR2 Garage-Avg-Wd 615 $15,900 $15,900 Shingle . . BRN3 Barn w loft 1353 $34,000 $34,000 FGR2 Garage-Avg-Wd 420 $10,800 $10,800 Shingle WDCK Wood Decking 160 $2,600 $2,600 w/railings FOP Open Porch-roof- 490 $14,500 $14,500 ceiling BMT Basement- 1192 $25,100 $25,100 Unfinished Sketch Legend Property Sketch Legend B2N Bam-any 2nd story area FPC Open Porch Concrete Floor REF Reference Only BAS First Floor,Living Area FTS Third Story Living Area(Finished) SOL Solarium BMT Basement Area(Unfinished)FUS Second Story Living Area SPE Pool Enclosure (Finished) BRN Barn GAR Garage TQS Three Quarters Story(Finished) CAN Canopy GAZ Gazebo UAT Attic Area(Unfinished) CLIP Loading Platform GRN Greenhouse UHS Half Story(Unfinished) FAT Attic Area(Finished) GXT Garage Extension Front UST Utility Area(Unfinished) FCP Carport KEN Kennel UTQ Three Quarters Story (Unfinished) FEP Enclosed Porch MZ1 Mezzanine,Unfinished UUA Unfinished Utility Attic FHS Half Story(Finished) PRG Pergola UUS Full Upper 2nd Story (Unfinished) FOP Open or Screened In Porch PRT Portico WDK Wood Deck PTO Patio http://www.townofbamstable.us/Assessing/nropertydisplayscreen l 7.asp?ap... 7/24/2017 :.Town:of.Barnstable, MA Page:1;-of-5 Town of Barnstable,MA Friday,July 21,2077 Chapter zoo. Zoning Article III. District Regulations § 240-20. West Barnstable Village Business District: A. Purpose and intent. The purposes and intent of this section is to guide .deve,lopment and redevelopment in West Barnstable Village Business District: so that it: (1) Promotes a location-appropriate scale and traditional mix of business, institutional and residential land uses that contribute to and respect the historic character and historic neighborhood development patterns. (2) Acknowledges the historic context of the village and preserves or enhances historic buildings or other historic resources. (3) Protects and preserves the historic and scenic streetscape. .(4) Provides a variety of functions that support residents'day-to-day use of the district. .(5) Supports and enhances the diverse local economy arid retains established village goods and service offerings. . (6) Preserves and protects the traditional New England village character of West Barnstable through architectural design,that replicates in scale and character the best examples of traditional neighborhood design from the historic towns and villages of Cape Cod and New England to enhance the aesthetic quality of Barnstable as a whole. (7) Conforms with the Old Kings Highway Regional Historic District Act. (8) Is consistent with the Barnstable Comprehensive Plan and the West. Barnstable Village Plan. B. The following uses are permitted in the WBVBD, provided that no operation shall result in the treatment, generation, storage or disposal of hazardous materials, except as follows: household quantities; waste oil retention, facilities for small-scale retailers of motor oil required and operated in- compliance with MGL C. 21 §52A; oil on site for heating of a structure or to supply an emergency generator. (i) Principal permitted uses. http://www.ecode360.com/printBA2043?guid=31772752 7/21/2017 r Town of Barnstable, MA Page 2 of 5 .:i :. 0(a) Single-family residential dwelling. A single-family residential . dwelling may be freestanding or attached to a building also used for nonresidential uses. More than one single-family residential dwelling per lot is permitted as long as there is a minimum of one acre per single-family dwelling, but in no case will more than one principal permitted single-family residential dwelling be contained in any one building. (b) Small-scale retail store. (c) Professional, business or medical office. (d) Office of a bank, credit union, savings and loan or other financial institution. (2) Accessory uses. The following uses are permitted as accessory uses in the WBVBD: (a) Bed-and-breakfast operation within an owner-occupied single- family residential structure, subject to the provisions of§ 240-11C (6) except Subsection C(6)(b)[1] and [2]. No more than three total rooms shall be rented to not more than six total guests at any one time in the WBVBD. No special permit shall be required in the WBVBD. For the purposes of this section, children under the age of 12 years shall not be considered in the total number of guests. (b) Automated banking facilities (ATM) shall be located within a principal building and shall not be accessed from the exterior of the building. (c) Accessory apartments as provided for in the Town of Barnstable Code, Chapter 9, Affordable Housing, Article II, Accessory Apartments and Apartment Units. (3) Special permit uses. The following uses are permitted, provided that a special permit is first obtained from the Special Permit Granting Authority(SPGA) subject to the provisions of § 240-125C herein and subject to the specific standards for such uses as required in this section: (a) Artisans and craftspeople. (b) Personal service business. (c) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy subject to the provisions of§ 240- 44•1 (4) Special permit performance standards. In addition to the standards for the grant of a special permit set forth in § 240-125C, the grant of any, special permit within the WBVBD requires findings to support that the development meets'the following criteria: (a) Is compatible with and supports the purpose and intent of this section. (b) Mitigates impacts to safety and congestion from development. http://www.ecode360.com/print/BA2043?guid=31772752 7/21/2017 Town of Barnstable, MA Page 3 of 5 (c) Protects and preserves water supply for both drinking water and fire protection. (d) Stormwater shall be contained on site and mitigated using best management practices. (e) Manages waste, by-products and other debris that may be associated with artisan and craft use in a manner compatible with abutting or nearby residential uses. (f) Does not generate noise,vibration, smoke, dust or other particulate matter, odors, heat, glare or intrude with similar nuisance on abutting or nearby residential uses. (g) Storage of all raw material and finished product associated with artisan or craft use shall be stored within a duly permitted permanent structure. All outdoor storage associated with artisan or craft use is prohibited. (h) Deliveries may take place not sooner than one hour before, or later . than one'hour after the permitted operating hours of a business. (i) Vehicles are prohibited from running motors, refrigeration units or other mechanical units outside of permitted hours of operation. (5) Bulk regulations. Minimum Yard Setbacks Maximum Lot Minimum MinimumMinimum MaximurBoverage Lot Area Lot Lot Building as %of: (square Frontage Width Front3 Side Rear Height Lot feet) (feet) (feet) (feet) (feet) (feet) (feet) Area . .43,56o 16o — 30 30 30 30' 102 NOTES: ' or two stories,whichever is lesser Z No more than 33% of the total upland area of any lot shall be made impervious by the installation of buildings, structures and paved surfaces. 3 Front yard landscaped setback from the road lot line: 20 feet. Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per. 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, http://www.ecode360.com/printBA2043?guid=31772752 7/21/2017 Town of Barnstable, MA Page 4 of 5 ' NOTES: substantially in accordance with any site plan approved pursuant to Article IX herein. (6) Nonconforming use limitations. Within the WBVBD the change of a nonconforming use to another nonconforming use is prohibited notwithstanding the provisions of§240-94A. A nonconforming use shall only be permitted to change to a principal permitted use as of right or to a special permit use as provided for by the.grant of a special permit pursuant to § 240-2oB(3) and (4) herein. . (7) Corporate branding. Buildings, colors, signage, architectural features; text, symbols, graphics, other attention-getting devices and landscape elements that are trademarked, branded or designed to identify with a particular formula business chain or corporation are prohibited. All structures and sites shall be designed to include architectural and design elements that are consistent with the WBVBD architectural composition, character, and historic context. Interior corporate branding elements ...._shall not be visible to the street through windows, doors or by any other means. The Town will work with applicants to adapt critical functional features of prototype plans to their sites, but will not accept standard plans, building forms, elevations, materials, or colors that do not relate to the site, adjacent development or West Barnstable community character. (8) Site development standards. In addition to Article IX, Site Plan Review, and Article VI, Off-Street Parking, the following additional requirements shall apply within the WBVBD. (a) Loading docks. Loading docks shall be screened from Meetinghouse Way (Route 149), Main Street (Route 6A), Lombard Avenue, Navigation Road; Packet Landing Road and Whitecap Lane with landscaping or fencing materials of an appropriate scale. (b) To the greatest extent feasible, all new parking areas shall be located to the side and rear of the building. Parking is not permitted in the required front yard setback with the exception of parking required by ADA compliance as determined by the Building Commissioner. (c) Curb cuts and driveways. [1] Shared driveways and parking area interconnections are strongly encouraged. No more than one curb cut on . Meetinghouse Way (Route 149, Main Street (Route 6A), Lombard Avenue, Packet Landing Road, Navigation Road and Whitecap Lane shall be allowed for any lot. For traffic safety and to reduce traffic congestion, no new driveways shall be permitted on Route 149, Route 6A, Lombard Avenue and Whitecap Lane within 200 feet of any intersection. [2] Driveways shall not exceed the width required by site plan review. (d) http://www.ecode360.com/printBA2043?guid=31772752 7/21/2017 Town of Barnstable, MA Page 5 of 5 Lighting. In no case shall exterior or outdoor lighting cause glare ; that impacts motorists, pedestrians or neighboring premises. r [1] All exterior lighting shall use full cutoff light fixtures in which no more than 2.5% of the total output is emitted at 9o° from the vertical pole or building wall on which it is mounted. [2] Up-lighting is prohibited. (9) Definitions. The following terms are defined in the WBVBD and shall not be construed to apply to other regulations. ARTISAN OR CRAFTSPERSON USE A small-scale use that typically employs one or two people who practice craft or artisan activities. A key feature of works produced by artisans or craftspeople is the high degree of manual expertise involved. The use must be compatible with abutting and nearby residential and nonresidential uses. The following is included in the definition of"artisan or craftsperson use:" (a) ARTISAN OR CRAFTSPERSON A person using manual skills to produce, in limited quantities, ornamental or functional works in ceramic,glass, metal, paper, wood or textiles. Examples include, without limitation, the following: drawing, painting, sculpture, pottery, photography, graphic design, interior design,fashion design,jewelry making, wood turning, glass blowing, furniture making, small wooden. boat building, upholstering and weaving. PERSONAL SERVICE Establishments engaged in the provision of services, but not goods, of a personal nature to individuals and households. Such establishments include barbershop, beauty salon, clothing repair or seamstress shop, shoe repair shop, florist and day spas. Personal service establishments that are not commonly found in rural village environments such as check cashing services; fortune tellers; psychics, palm readers and similar services, spas and hot'tubs for rent,tanning, piercing and similar services are prohibited. SMALL-SCALE RETAIL STORE Small stores and businesses, including but not limited to, corner groceries, bookstore, galleries and other small retail uses typically found in small New England towns. Small-scale retail does not include retail or commercial buildings or storage designed to serve a large volume of customers, e.g. gasoline and oil filling stations, garages for automotive repair. Small-scale retail is subject to corporate branding limitations as described herein and shall not include drive-through window service. [1] Editor's Note:Former§240-20, 0-7, 0-2 and 0-3 Office Districts, as amended, was repealed 7-74-2005 by Order No. 2005-700. http://www.ecode360.com/printBA2043?guid=31772752 7/21/2017 i Minutes of Open/Public Hearings - April 30, 1987 1987-34 MARSHALL & MARY ANN FARLEY the character of the house which was a convertearage built during the e r om 1930-40s period merely trying to add bathroom/on tRe second floor and to enlarge the kitchen - other end will add a small study. Ron Jansson asks the square footage of the house: 22' x 60 - two story - existing about 2400 square feet with garage - adding two separate wings - 16' x 14 and 27' x 22'when completed talking of 3200 - 3300 square foot in size - that is correct. Gail Nightingale questions why they do not put the additions elsewhere - preserving the character of the house (architectural) . Right hand addition is to be two-story, while the-other is single story only. Where the house sits on the back lot line there is a large hill behind - no house behind no one can actually see the house - not like we are jumping into someones front yard. The Board voted unanimously to grant the variance relief as sought based on the fact that variance conditions do exist at the site - the topography of the land - relief granted per the Plans presented - the motion seconded by Dexter Bliss. 19.8 7-3 S=CHARL'E S J. B I�RI) ,EYS � Attorney Richard Burling represented the petitioner who has a purchase and sale agreement to purchase the property from Mr. Auclair who has an antique business in the barn located on the property at Lot 10, 1000 Main Street, West Barnstable in a Village Business B zoning district for a parcel containing 38,800 squarebfgfit and three structures. The petitioner d ar. to renovate the existing/structure and operate a small boat repairs an sa e o same with retail sale of supplies related thereto. The petitioner intends no change in the footprint of the building - this is not a business that is currently allowed under Village Business B without a special permit - it is felt that will not be more detrimental to the neighborhood - would be less so because the nature of the business will not mean additional people coming in and out as has been in the past with the antique business - type of work to be done will be no more involved or noisy than an average home handy man. Th-ere--are seve.r_ahapaxtments that_have been in the building since the_19.3"0s��in-t'end '7 use one-apar-tment;but-not-all o-f-t"hem-.—Ron-Jans"son-q-u-es-bons-whether is-is=the prope--rty that was "Packet Landing & Gift Shop" - that is correct and ils7currently the "White Elephant" - propose to use large barn - Ron questions if that has the benefit of a pre-existing non-conforming use - Attorney Burling responed "yes", - Ron Jansson commented his question then is why the petitioner is not before the Board on that particular basis - _. Mr. Burling commented that he wanted to go under the additional business allowed under the zoning by-laws. Additional argument is that it was a pre-existing non-conforming business, but it is also allowable by Special Permit under provision of P, 14. Again, the proposed uses for these three buildings is: main house used for residential purposes, Mr. Burling - that is not totally correct - there is going to be an office the petitioner's wife operates an adoption agency - the office use allowed in Village Business District - office and residential use and also have a two-car garage - to be only used to store vehicles - now understand if you look at Section G, 1 why you probably would not want to come before the Board with the pre-existing non-conforming use - because you are talking about two or more uses. Mr. Birdsey described to the Board what he would like to do - landscaping, etc. Dexter Bliss questions whether the petitioner would have a boat outside during the summer months - `one during the summer time only - otherwise boats will be in the barn to be no additional employees. Ron Jansson questioned would this be just a repair facility rather than service of other equipment that relates to boating - Mr. Birdsey commented that he would be a dealer but he-would be selling antique hardware. Attorney Burling addressed the fact that the Board is in receipt of a letter from Mr. & Mrs . . Caton who are e - t Minutes of Open/Public Hearings - April 301 1987 1987-35 CHARLES J. BIRDSEY abutters to the property - they are in opposition to the petition - the letter addressed a! deed restriction - second restriction does restrict usage through that entire development which runs down Packet Landing to non-business uses with the exception of an antique shop - Paragraph six further on allows the trustee of the Barnstable Realty Trust to amend those restrictions - the current trustee of this trust is the current owner Mr. Auclair, who has agreed to sign an amendment to be recorded in the Registry of Deeds for Lot 10 only - this will not be a detrimental use in the neighborhood. Several abutters spoke in support of the petition, namely, James Kittridge, D. Ciberowski, Mr. & Mrs. Fisk and Mr. & Mrs. Byrnes and Carey - no objections. Ron Jansson made a motion to grant the special permit on the basis that the proposed renovation would not constitute a use that would be substantially more detrimental than what currently exists - the motion was seconded by James McGrath. The Board voted unanimously to grant a special permit with the restriction that there be no more than one boat to be on display at any one. time outside. 1987-36 FIRST FEDERAL SAVINGS & LOAN ASSOCIATION Attorney Philip Boudreau represented the petitioner who is requesting a Special Permit and Varinace for a proposed addition to the existing bank building located at Route 28, Hyannis in a Highway Business zoning district for a parcel containing 59,575 square feet. The proposed addition to be 3,303 square feet on first floor and 3,421 square feet in basement is=to'be roved additional space in which to conduct banking operation - per the/ff ns sub- witted at the hearing by Attorney Boudreau to replace plans originally sub- mitted with the filing. The. upstairs of the existing building is divided with temporary dividers affording little privacy for the employees - in addition people are working in a windowless basement, etc. , due to lack of space. This is a narrow lot that opens up at the back. Mr. Boudreau feels that it is necesarry to apply for two dimensional variances as well as a. special permit under setback requirements in a Highway Busines district. The entire property is zoned 300 feet back for business; the petitioner has adequate parking and seeks no relief for parking. When the building was constructed at 45 feet back from Route 28 it was conforming - current setback requirement is 100 feet - a portion of the building to the rear is not quite 100 foot back - in addition the area requirements in the Highway Business zone require 60,000 square foot lot - Mr. Boudreau feels that he cannot build a separate building without coming to the Board for a variance - has to do this by way of an addition - with one acre requirement of a minimum the petitioner would need two acres in order to have a separate free-standing building - where we propose to build we do not have 100 foot setback - Ron Jansson does no.t understand Mr. Boudreau'.s rationale - building is going ;to be occupied by the same tenant and will comply with the setback - there followed a dis- cussion - already have a building that occupies a portion of the locus - con sider the locus as one lot - think that to put two .buil.dings up petitioner would need two acres - perhaps Mr. Boudreau is not correct - if that is the case he would be delighted to have the Board rule that all of this is unnecessary, but in any event afraid there is a problem anyway because where they propose to put addition, they would violate the 100 foot setback - due to the curvature southwest of Falmout Road - shape of the lot at that point and the fact that -the building was put on at a 90 degree angle - Mr. Boudreau also feels that another variance relief is needed from the width requirement of 160 feet - it is true, that we have 181 feet from point to point, but at the place where we are building we have slightly less than the required 1600wwid CSC% Application Details - Health Page 1 of 1 Health Rentals Town of Barnstable Welcome stantond rf Applications Logout Parcel:179002 Location: 1000 Main St./rte 6a(w.barn.),West Barnstable 2017 Application its Certificate Building Unit Unit Description Occupant ❑Active .� Search Reset Search Certificate:5065 Certificate year:2017 Building: Unit number:1 Unit description: Address note: Bedrooms:2 Authorized bedrooms: Max occupants: Building type:Apartment building Built before 1979:Yes Private well:No Child less than six:No Certificate date: Fee:90.00 Late fee: 10.00 Comments: Occupant Name:Scott Jansson Phone:917-545-8396 Phone 2: Email: Comments: Certificate:5066 Certificate year:2017 Building: Unit number:2 Unit description: Address note: Bedrooms: 1 Authorized bedrooms: Max occupants: Building type:Apartment.building Built before 1979:Yes Private well:No Child less than six:No Certificate date: Fee:25.00 Late fee: 10.00 Comments: _Occupant_.__. Name:Laura Burns'Phone:802-310-2690 Phone 2: Email: Comments: Certificate:5067 Certificate year:2017 Building: Unit number:3 Unit description: Address note: Bedrooms: 1 Authorized bedrooms: Max occupants: Building type:Apartment building Built before 1979:Yes Private well:No Child less than six:No Certificate date: Fee:25.00 Late fee: 10.00 Comments: Occupant Name:Chris Howard Phone:508-560-5362 Phone 2: Email: Comments: Back to List" Rentals http://itvmsgl/HealthRental/Application/Details/13677 7/20/2017 Town of Barnstable, MA Page I of 5 Town of Bamstable, MA ' Friday, July 21, 2017 Chapter 240. Zoning Article III. District Regulations § 240-20. West Barnstable Village Business District. A. Purpose and intent. The purposes and intent of this section is to guide development and redevelopment in West Barnstable Village Business District so that it: oy Promotes a location-appropriate scale and traditional mix of business, institutional and residential land uses that contribute to and respect the historic character and historic neighborhood development patterns. (2) Acknowledges the historic context of the village and preserves or enhances historic buildings or other historic resources. (3) Protects and preserves the historic and scenic streetscape. (4) Provides a variety of functions that support residents' day-to-day use of the district.' (5);:Supports and enhances the diverse local economy and retains established village goods and service offerings. (6).';Preserves and protects the traditional New England village character of West Barnstable through architectural design that replicates in scale and character the best examples of traditional neighborhood design from the historic towns and _.. . ` v.i 1ages of Cape Cod and New England to enhance.the aesthetic quality of, Barnstable as a whole. (7); C,onforms with the Old Kings Highway Regional Historic-District Act. (8) Is•consistent with the Barnstable Comprehensive Plan'and the West Barnstable . _• Village Plan. B. The following uses are permitted in the WBVBD, provided that no operation shall .result in the treatment, generation, storage or disposal of hazardous materials, except as follow,s,;household quantities; waste .o.il retention facilities for small-scale retailers of. motof:-o:il;,required and operated in compliance with MGL c. 21 § 52A; oil'on site for heating of a structure or to supply an emergency generator. (1) Principal permitted uses. (a) Single-family residential dwelling. A single-family residential dwelling may be (-freestanding or attached to a building also used-for nonresidential uses.'More` �.- "than-one single-family residential dwelling per lot is permitted as long as there is a minimum of one acre per.single-family dwelling,.,but in no case will more http://www.ecQde360.com/printBA2043?guid=31772752 7/21/20,17 ' %own of Barnstable, MA Page 2 of 5 than one principal permitted single-family residential dwelling be contained in any one building. (b). Small-scale retail store. ;(c) Professional, business or medical office. '(d) Office of a bank, credit union, savings and loan or other financial institution: (2): Accessory uses. The following uses are permitted as accessory uses in th`e WBVBD: Bed-and-breakfast operation within an owner-occupied single-family residential ,.:structure, subject to the provisions of§ 240-11C(6) except Subsection C(6)(b) [1] and [2]. No more than three total rooms shall be rented to not more than six "total guests at any one time in the WBVBD. No special permit shall be required in the WBVBD. For the purposes of this section, children under the age of:12 years shall not be considered in the total number of guests. (b) Automated banking facilities (ATM) shall be located within a principal building and shall not be accessed from the exterior of the building. (c) Accessory apartments as provided for in the Town of Barnstable Code, Chapter 9, Affordable Housing., Article II, Accessory Apartments and Apartment Units. (3) Special permit uses. The following uses are permitted, provided that a special permit is first obtained from the Special Permit Granting Authority(SPGA) subject to the provisions of§ 240-125C herein and subject to the specific standards for such uses as required in this section: (a). Artisans and craftspeople. (b)'-'Personal service business. (c) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy subject to the provisions of'§140=44.1: (4) 'Sp'ecial permit performance standards. In addition to-the:standards for the grant;of-.a- special permit set forth in § 240-125C, the grant of:any special permit within the. WBVBD requires findings to support that the development meets the following criteria: y. (a). Is compatible with and supports the purpose and.intent of this section. (b) Mitigates impacts to safety and congestion from development. (c) Protects and preserves water supply for both drinking water and fire protection. (d.) Stormwater shall be contained on site and mitigated using best management practices. (e)' Manages waste, by-products and other.debris that may be associated-with . I : artisan and craft use in a manner compatible with abutting or nearby residential uses. http://wwW:ecpde360.com/printBA2043?guid=31772752 7%21/2017 •'T%own of Barnstable, MA Page 3 of 5 Does not generate noise, vibration, smoke, dust or other particulate matter, odors, heat, glare or intrude with similar nuisance on abutting or nearby residential uses. (g) Storage of all raw material and finished product associated with artisan or craft use shall be stored within a duly permitted permanent structure. All outdoor storage associated with artisan or craft use is prohibited. (h) Deliveries may take place not sooner than one hour before, or later than one hour after the permitted operating hours of a business. (i) Vehicles are prohibited from running motors, refrigeration units or other mechanical units outside of permitted hours of operation. (5) Bulk regulations. Minimum Yard Setbacks Maximum _lVli,nimum Minimum Minimum Maximum Lot:::, Lot Area Lot Lot Building Coverage (square Frontage Width Front3 Side Rear Height as % of`. :'. feet) (feet) (feet) (feet) (feet) (feet) (feet) Lot Area, .43,560 160 — 30 30 30 30' 102 :NOTES: Or two stories, whichever is lesser . 2 No more than 33% of the total upland area of any lot shall be made impervious by the installation of buildings, structures and paved surfaces. 3 Front yard landscaped setback from the road lot line: 20 feet. Existing trees and shrubs shall be retained within the road right-of-way and.within the required front yard landscaped setback and supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot b.e retained, the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area. No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially A n:"accordance with any site plan approved pursuant to Article IX-herein. (6) Nonconforming use limitations. Within the WBVBD the change of a nonconforming use to another nonconforming use is prohibited notwithstanding the provisions"of §.240-94A. A nonconforming use shall only be permitted,to change to'a principal' permitted use as of right or to a special permit use as provided for by the grant of a special permit pursuant to § 240-20B(3) and (4) herein. (7) Corporate branding. Buildings, colors, signage, architectural features, text, symbols', graphics, other attention-getting devices and landscape elements.that:are, trademarked, branded or designed to identify with a particular formula business, chain or corporation are prohibited. All structures and sites shall be designed to include architectural and design elements that are consistent with the WBVBD' architectural composition, character, and historic context. Interior corporate. http://www.ecode360.com/printBA2043?guid=31772752 7/2.1/2017 • .Town of Barnstable, MA Page 4 of 5 branding elements shall not be visible to the street through windows, doors or by any other means. The Town will work with applicants to adapt critical functional! features of prototype plans to their sites, but will not accept standard plans, building forms, elevations, materials, or colors that do not relate to the site,.adjace.nl development or West Barnstable community character. (8) Site development standards. In addition to Article IX, Site Plan Review, and Article Off-Street Parking, the following additional requirements shall apply.within the WBVBD. (a) Loading docks. Loading docks shall be screened from Meetinghouse Way (Route 149), Main Street (Route 6A), Lombard Avenue, Navigation Road', Packet Landing Road and Whitecap Lane with landscaping or fencing materials of an appropriate scale. (b) To the greatest extent feasible, all new parking areas shall be located to th'e side and rear of the building. Parking is not permitted in the required front yard setback with the exception of parking required -by ADA compliance as determined by the Building Commissioner. (c) Curb cuts and driveways. [1] Shared driveways and parking area interconnections are strongly encouraged. No more than one curb cut on Meetinghouse Way (Route r; 149, Main Street (Route 6A), Lombard Avenue, Packet Landing Road. Navigation Road and Whitecap Lane shall be allowed for any lot. For traffic safety and to reduce traffic congestion; no new driveways sha11 be. permitted on Route 149, Route 6A, Lombard Avenue and Whitecap Lane. within 200 feet of any intersection. . [2] Driveways shall not exceed the width required by site plan review.. ' (d) .Lighting. In no case shall exterior or outdoor lighting cause glare that impacts motorists, pedestrians or neighboring premises.' ' [1] All exterior lighting shall use full cutoff light fixtures in which no more than 2.5% of the total output is emitted at 900 from the vertical pole or building wall on which it is mounted. [2] Up-lighting is prohibited. (9) Definitions. The following terms are defined in the WBVBD and shall not lie construed to apply to other regulations. ARTISAN OR CRAFTSPERSON USE A small-scale use that typically employs one or two people who practice craft or artisan activities. A key feature of works produced by artisans or craftspeople.is the high degree of manual expertise involved. The use must be compatible with abutting and nearby residential and nonresidential uses. The following �rs included in the definition of"artisan or craftsperson use:" (a) ARTISAN OR CRAFTSPERSON A person using manual skills to produce, in limited quantities, ornamental or functional works in ceramic, glass, metal, paper, wood or textiles'. Examples include, without,limitation, the following: drawing,.painting, sculpture, pottery, photography, graphic design,interior design, fashion http://www.ecode360.com/printBA2043?guid=31772752. 7/21/2017 'Town of Barnstable, MA Page 5 of 5 design, jewelry making, wood turning, glass blowing, furniture making;; small wooden boat building, upholstering and weaving. PERSONAL SERVICE Establishments engaged in the provision of services, but not goods, of a personal nature to individuals and households. Such establishments include barbershop, beauty salon, clothing repair or.seamstress shop, shoe repair shop, florist and day spas. Personal service establishments that are not commonly found in rural village environments such as check cashing services, fortune tellers, psychics, palm readers and similar services, spas and hot tubs for rent, tanning, piercing and similar services are prohibited. SMALL-SCALE RETAIL STORE Small stores and businesses, including but not limited to, corner groceries, bookstore, galleries and other small retail uses typically found in.small:New. England towns. Small-scale retail does not include retail or commercial buildings or storage designed to serve a large.volume of customers, e.,g. gasoline and oil filling stations, garages for automotive repair. Small-scale retail is subject to corporate branding limitations as described herein and shall not _ include drive-through window service. [1] Editor's Note:Former§ 240-20, 0-1, 0-2 and 0-3 Office Districts, as amended, was repealed 7-14-2005 by Order No. 2005-100. http://wwwiecode360.com/printBA2043?guid=31772752' 7/21/2017 i % Application Details - Health Page 1 of 1 Health Rentals Town of Barnstable Welcome stantond IT Applications Logout Parcel: 179002 Location: 1000 Main St./rte 6a(w.barn.),West Barnstable 2017 Application Units Application date: 6/27/2017 Notice to register date: Number of units: Zoning Approval: Comments: Owner: 1000 MAIN LLC Daytime 508-362- phone: 6859 r . Co- PETER EASTMAN Home phone: Email: peastman@aol.com owner: Address: PO BOX 125, BARNSTABLE, MA Cell phone: 508-360- 02630 6859 Comments: Owner Representative Name: Tracy Taylor-Attorney Phone: 508-360-3010 Email: Address: PO BOX 45 , Barnstable, MA 02630 Phone 2: Send renewal: Send certificate: Comments: Back to List Rentals http://itvmsql/HealthRental/Application/Details/13677 7/20/2017 r i ° Town of Barnstable Regulatory Services Richard V. Seali, Director J Building Division S.,,B,� BARNSTABLE ntaes. �anss�isw 9c� i634 `� Paul K. Roma .639-2014 A�Eop Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 June 6, 2017 I.000 Main Street LLC P.O. Box 125 Barnstable, MA 02630 Re:1000,'MaiwSt., West Barnstable Dear'Sir; This letter is in response to a complaint about the above referenced address. An advertisement from MLS states that there are three apartments and a boat repair business associated with this property. Please be advised that the apartments are not registered with the Health. Department as rental units and that the boat repair/storage business was abandoned in 2008. Please be further advised that these inaccuracies need to be corrected in current and future advertisements for this property. If you have any questions,please do not hesitate to contact this office. Sincerely, haul Roma Building Commissioner :Nancy R. Trafton '$uyer Brokers`of Cape Cod .923.Route 6A Yarmouth Port,'MA 02675 'P&er Siindelin,'Esq 999 Main Street P'.O'.Box 771 .West Barnstable, MA 02668 V �p � lam' P. 1 z Communication Result Report (, Jun. 9. 2017 9.27AM ) z 2) Date/Time ; Jun. 9. 2017 9:25AM File Page No. Mode Destination Pg (s) Result Not Sent 3166 Memory TX 915083625438 P. 2 OK -----------------------------------------------------------------------------------=--- -------_---- Reason for error E. 1) Hang up or line fail E. 2) 'Busy E. 3) No answer E. 4) No facsimile connection E. 5) Exceeded max. E—mail size E. 6) Destination does not support IP—Fax I 9090t+D'n8 :IH)'99va :KLtlQ :woxa M )llbIhV Q"/ :ONXvd :ALLY ;py lO.i(S)xqVd QM[3vi.Iv=I QI:iVAAX01 AMU �OEZ9-06LB05�3 8fA6298-805�O oYv�gtaregarq�ree 109M vW%-_6H YAAS-.-A ODE . + DA PM amswQEn�IQg av MUMS Ai%vM2ag o1qu wiff jO QAWJL PETER A. SUNDELIN ATTORNEY-AT-LAW 999 MAIN STREET, P.O. BOX 771,WEST BARNSTABLE, MASSACHUSETTS 02668 PHONE:(508)362-6873 FAX:(508)362-5438 E-MAIL:SUNDELIN@CAPECOD.NET May 31, 2017 Mr. Paul Roma Building Commissioner ������������r Town of Barnstable 200 Main Street JUN 412017 Hyannis, MA 02601 7' 0VVN OFBAri&,iS_-A9 LF RE: 1000 Main Street, West Barnstable Dear Mr. Roma: I reside directly across the street from the property at 1000 Main Street, West Barnstable. That property is presently for sale. The main structure is being marketed as containing three income-producing apartments. The barn is being marketed as a boat repair and boat storage business. In fact, none of these uses are lawful under current zoning. None are legal pre-existing non-conforming uses. A copy of the current MLS listing is attached as Exhibit 1. Background: Some history is in order. In June of 2010, the property was for sale by its then-owner, Mr. Charles Birdsey. The broker's advertising misrepresented the lawful uses to which the property could be put. The advertising stated: "This property consists of a main building with three separate units." I knew this to be incorrect. I wished to alert Building Commissioner Tom Perry so that he could advise potential buyers as to the particulars of the zoning. Accordingly, I wrote Mr. Perry an extensive letter, with exhibits, dated June 1, 2010. This is in the Building Department's file. I have enclosed a CD for you with that material in the .PDF format. 1 At that time, I also notified Mr. Birdsey and Mr. Birdsey's broker by sending them a copy of the June 1, 2010 letter. After consultation with town officials, the listing was modified to delete reference to the unlawful three family use. As a result, prospective buyers had accurate information available as to the relevant zoning. This letter is in the nature of an update to my letter to Mr. Perry dated June 1, 2010. Mr. Birdsey sold the property on-December 11, 2013 to an LLC controlled by Mr. Peter Eastman. 1 My understanding is that Mr. Eastman was informed as.to the status of the zoning prior to completing the purchase. Apparently, he chose to ignore that information. r Multifamily Use: During the period of his ownership, Mr. Eastman rented out the main house as a multifamily. Mr. Eastman now has the property for sale. The present listing information states— again incorrectly - that.it has three apartments. I do not wish to see a buyer misled, nor do I wish to be put in the position of seeking enforcement against a new neighbor. Accordingly, I now ask for enforcement in the form of a cease and desist letter requiring Mr. Eastman to refrain from using the property as a multifamily; and to refrain advertising it for sale as a multifamily. Boatbuilding and Storage: There is another troublesome aspect to Mr. Eastman's period of ownership. He has run a boatbuilding business in the barn and stored quite a number of boats on the property. Neither of these uses has been lawful. I 1 References:Barnstable County Registry of Deeds,Book 27876 at Page 218,and the Secretary of State LLC database 2 Again, some history is in order. Beginning in 1987, Mr. Charles Birdsey ran a business for the "maintenance, repair and sale of small boats" in the barn. This was pursuant to a Special Permit dated June 3, 1987 (SEE: ZBA DECISION. EXHIBIT 2) The sections of the Zoning By-Law pertaining to Special Permits in the VB-B at that time were P (A) (14) and K (A) (1). (SEE: 1986 ZONING, EXHIBIT 3 ) On November 7, 1987, the Zoning By-Law as to Special Permits in the VB-B was entirely re-written so as to become far more restrictive. The new section was numbered 3-3.5 (36). It did not allow boatbuilding either by right or by Special Permit. (SEE: 1987 ZONING, EXHIBIT 4 ). Accordingly, the boat maintenance and repair business operated by Mr. Birdsey under the June, 1987 Special Permit became a pre-existing non-conforming use on November 7, 1987. On October 21, 2008, Mr. Birdsey informed the Board of Health Agent that he was no longer operating the boat maintenance and repair business (SEE: BOH "NOTES TO FILE", EXHIBIT 5 ). Pursuant to Barnstable Code Section 240-97, there is a three-year period of non-use after which a pre-existing non-conforming use may not be re-established. z In this case, the three-year period of non-use expired on ( or before ) October 21, 2011 . This.date is three years after Mr. Birdsey's discussion with the Board of Health Agent re abandonment, as reflected in the preceding paragraph. On September 8, 2011 the Town Council voted to adopt Item No. 2011-138 creating the West Barnstable Village Business District to replace the VB-B. This amendment provided for boat building as an allowed use by Special Permit. Detailed criteria must be met in order to obtain a permit (SEE WBVBD ZONING, EXHIBIT 6 ). ° Z The time limit for abandonment of a pre-existing non-conforming use was changed to three years,effective November 5, 1995. See:Town Council Vote on Item Number 95-198. 3 By the time of the sale to Mr. Eastman in December of 2013,the boat building business was no longer in operation and had no status at all under the applicable zoning, neither as of right nor as a pre-existing non-conforming use. Mr. Eastman soon began operating a boat building business in the barn. He failed to apply for a Special Permit and has failed to undertake Site Plan Review. In the fall of 2014, it became apparent that Mr. Eastman was storing boats in the yard, 'apparently on a fee basis. By the fall of 2015, Mr. Eastman had nearly filled the rear yard with shrink-wrapped boats. Best count: apparently about 17. Outside commercial boat storage is not allowed in this zoning district. J I ask for enforcement in the form of a cease and desist letter requiring Mr. Eastman to refrain from using the property for the outside commercial storage of boats. Further, I ask that Mr. Eastman be directed to legalize his boatbuilding business by making application for a Special Permit under Barnstable Code,.Section 240-20 (B) (3). I would appreciate an opportunity to come in and discuss this once you have had an opportunity to review the situation. It would be great if I could see you on Friday,June 9th I will call to see if this is convenient. Thank you. Sincerely, Y Peter Sundelin 4 LIST OF EXHIBITS LETTER FROM PETER SUNDELIN TO MR. PAUL ROMA, BARNSTABLE BUILDING COMMISSIONER DATED: May 31, 2017 RE: 1000 Main Street, West Barnstable, MA EXHIBIT ONE: Current MLS Listing EXHIBITTWO: ZBA Decision dated June 3, 1987 EXHIBIT THREE: 1986 Zoning EXHIBIT FOUR: 1987 Zoning EXHIBIT FIVE: Board of Health "Notes to File" dated October 21, 2008 EXHIBIT SIX: West Barnstable Village Business District ("WBVBD") Zoning EXHIBIT 1 i flexmis I I - Residential Active MLS#:21603019 1000 Main Street West Barnstable MA 02668 LP:$569,0001 Property Type: Residential Prop Subtype: Single Family Residence County: Barnstable Village: West Barnstable Beds: 4 MT � f q tdi►r t Rooms: 6 Approx SgFt: 2,399 ` Baths F/H: 3/1 Lot Acres: 0.89 Year Built/Desc: 1900/Approximate Tax ID: BARN-179-002 Annual Taxes/yr: $4,957/2016 Total Assessment: $198,900 Building Assessments: 198,900 WF/WV: No/No _ Location Description: North of 6A Remarks: Unique property with endless possibilities near 149/Meetinghouse Way on 6A.', Miss d be a home o�income producing apartments,offices or ti th}_ j It could be retail space as the barn was once a shop called The White Elephant. he bads spacious and very cool with a half bath+and heated effectively with a wood stove. It is currently being used as a b t repair/,storage busine s..,Location has high visibility and is zoned for business and residential Hor me is currenUyl three apartments but has been a single family home in,the past with an office. ouse could be a home or income producing, Beautiful architectural details in a` fabulous location.Need 48 hour notice;late afternoon is best. Directions: From Route 149/Meetinghouse Way to 6A. Property is on the corner of 6A and Packet Landing. List Date: 04/11/2016 Garage: Yes-2 Cars Zoning: RES Garage Description: Detached Lot Size SgFt: 38,768 SgFt Source: Assessor Basement: Yes Lot Size Source: Assessor Basement Description: Cape Cod Parking Description: Stone/Gravel Beach Ownership: None Foundation/Width& Crawl Space;Stone 32/ #of Parking Spaces: 8 Miles to Beach: 1 to 2 Depth: 37 Topography/Lot Desc: Corner;Level Irregular: Yes Siding: Shingle Beach/Lake/Pond: Sandy Neck Beach Year Round: Yes Roof: Asphalt,Pitched Lead Base Paint: Unknown Special Listing Cond: Standard Year Built: 1900 Title Ref Book: 27876 Title Ref Page: 218 Exterior Features: Outbuilding;Porch;Yard Street Description: Paved,Public Convenient To: Conservation Area;Golf Course;Horse Trail;In Town Location;Major Highway;Medical Facility;School;Shopping Stories: 2 Heating: Forced Hot Water Pool: No Style: Farm House Cooling: None Dock: No Floors: Laminate,Vinyl,Wood,Other Hot Water: Other Fireplace: Yes-1 Hot Water Source: Natural Gas Association: No Living/Dining Combo: No Water: Well Mass Use Code: 101-Single Family Sewer: Septic Tank:Title V Grade Level Fuel: Natural Gas Room Name Room Level Length Width Features Room Name Room Level Length Width Features Master Bedroom Master Bedroom Level: First Floor Bedroom 2 Bedroom 2 Level:Second Floor Bedroom 3 Bedroom 3 Level:Second Floor Bedroom 4 Bedroom 4 Level:Second Floor Dining Room Dining Room Level: First Floor Living Room Living Room Level:First Floor Kitchen Kitchen Level: First Floor Provided as a Courtesy of: Nancy R Trafton Buyer Brokers of Cape Cod- 923 Route 6A Yarmouth Port,MA 02675 508-362-5438 buyerbroker@capecod.net Information is deemed to be reliable,but is not guaranteed.©2017 MLS and FBS.Prepared by Nancy R Trafton on Wednesday,May 24,2017 4:33 PM.The information on this sheet has been made available by the MLS and may not be the listing of the provider. http://www.flexmis.com/...enu.cgi?cmd=url+other/run_public_link.html&public_link_tech_id=1 an 1 r8cb4chk&s=6&id=1&san=76445&cid=1[5/24/2017 4:34:58 PM] EXHIBIT 2 I !Boou5757fla 266 TOWN OF BARNSTABLE :•i43 ME.10'21- Zoning Board of Apprals K7 ►hl 13 Fill 3 51 L. Richard Auelair Deed (Itily rreorded in the,nn 4fW6 Property Owner (lounty .Registry of I)rcds in Hook Charles S. Birdse IlcRint.ry 11etitinncr Mtriet of Ihe. Imnd t'mirl t'erfifiente No. ........................................... Itooh ................... _............_ Appeal No. _ 1987-35 FAM and 1=1810ti Petitioner..___Charles S. Birdse fll:d poitinn mi .............................. 19 requesting a variance permit for premises at 1000 Haiti Street in Il,e viling� _._....._ •.---._..........._.... (Sns.q of Nest Barnstable •, ndjoining Itreminen or .._......... ,. (n.r nthwhril lint) ........... Locus under conelderation: 1larnstable Asnessor'a.Map nn. ._._...._1.���....._____.............. Int nn, ..... Petition for Special Permit: Application for Variance: ❑ made under Sec. ._...._K........_.................._.................. of the Town of Rernst.nble Zoning by-lawn and Sec. , .__...._._........_........................_....._............. Clinlitrr 911A., Mann. Gpn. Imwa toTallowitheTmalnteaence repair and sale of nma118boats v.(�I�,J for the purpose of _. ._. ._.--�--•----.._............._!.......... .... ..Y ...... _..._....�, retail sale of supplies related_ti�ereto.__ _ Locus is presently zoned Notice of this hearing wan given by mail, postngs prepnid, in all persnns deemed Affected nn,l by publishing in Barnstable Patriot newepnper publinl)ed in 'I•owo of Unnt9tnhle n copy of which In attached to the record of thenr, proceedings filed with 'town Clerk, A publio hearing by the Board of Appeals of the Town of Ilnn!stnble. tens held at t.lte '.Town Office Building, Hyannis, Bass., at 8:00•__..—_ �1. P.M. _._-Apr_il._3(1...................._.....__..._....._...._ 19 87 upon said petition under zoning by-Inn•a. Present at the hearing were the following meutherx: _ Richard L. Bo,ram _Cail_N�litingale.__._...._ Chairman _ Luke P. Lally Dexter 111.199 ° r • BOUKS75�PAbE 2W At the conclusion of the hearing, the Hoard took raid petition tinder adviNnntenl. A view of the loans was made by the Board. Appeal No 1987-35___ __. Page .__..o?___ of _ . :ate Apr11 30,'' ` ....... 1!t......... 'The Bmird of Appeele found Attorney Richard Burling represented the petitioner. Char:l.ea .1. Birdsey who has a purchase and sale agreement for the property located At Lot lU, 1000 Main St., W, Barnstable in a Village Business zoning district. Mr. Auclair who is the current owner Iran an antique business on the locus which contains 38,800 square feet and three structures. The petitioner desires to renovate an existing barn and operate n small boat repair And restoration business with sale of supplies related thereto. There in to be no change in the footprint of the building. main There are several apartments in the/building since the 1930s; the petitioner intends to use one apartment in the main house and there is going to be one office - usa by the petitioner's wife who runs an adoption agency. There Is an existing two car garage which will be used only for the storage of veliir.lns. At the present time, there is a deed restriction. Tile current owner is the trustee of Barnstable Rlty. True t/angceeirpto sign an amendment to be recorded in the Registry of Deeds for Lot 10, to amend the rentrieti.on of non-bunt.ness use with the exception of an antique shop Ronald Jansoon made a motion to grant the Special Permit under P (14) of the Zoning By-Law on the basis that the proposed renovation would not constitute a use that would be subtantially more detrimental then whnt currently exists - the notion was seconded by James McGrath. _I Board voted unanimously to gran�m p cIn1 Permit with the reetri.c--- - �that_ there be no more than one boat on dinplAy outnlde'at' Any one timed I, aUAIL. 1j.1 Pi Clerk of the. '1'oicn of Iisrnatehle, Barnstable County, Maseaehuaelle, hereby certify that twenty (20) dnys have elapsed ainee the Ilaard of Appeals :rendered Its decision In the above entitled petition and thnt no appeal mf amid dl-eiaion has been filed in the office of the Town Clerk. .: s /�- �/ 1!I under a ice and _ _ Signed and Sealed this 3 .. :�. dif�l;yf�.. �L. ..�w �... the pa ..paaeltiea of perjury. �,, ,�-`k•.�� _ bution ;:Property Owner ..........................._........_.......................... .._.._....__.._..._..._........ Town :'l Cleric v, 1,�r, j Nnnnl of Appeals Town of Bar ?`..Persona interested r,• , n Building Inspector` c 'i Public Information 1 ~ * Ily ...__..___.. .................�._ ..Board of Appeals `kr Chairman RECOR D JUN 4 07 i i EXHIBIT 3 i ZONING BY-LAWS THE BAH34TAHG$ i 7p M6 N 1 39, I a MAY R' • I tFeblcW iy=1986 TOWN OF BARNSTABLE MASSACHUSETTS PRINTED ON CAPE COD AT THE PATRIOT PRESS,HYANNIS,MASS. which the trailer is located under a temporary permit from the Building area, frontage, width, and depth requirements, if any, of the zoning or- Inspector. dinances or by-laws in effect in the Town of Barnstable. notwithstand- Sub,paiagmph(cl amended by 1969 October 23,Sp.20,approved by the Atty.Gen.Dec.17,IW_. ing the adoption or ameridment of provisions of a.zoning ordinance or B. Tents by-lay.•in the town imposing minimum area, frontage, width, depth, or 1. 'Maintaining or occupying a.tent for living or business purposes is yard requirements, or more than one such requirement, in excess of prohibited.in all zoning districts of the town. those in effect at the time of such recording or endorsement (1) may C. Noxious or Offensive Uses. I thereafter be built upon for residential use if, at the time of the adop- t. Uses which are injurious, noxious or offensive by reason of the tion of such requirements or increased requirements or while building enlmission of odor, fumes. dust smoke. vibration. noise, lighting or on such lot was otherwise permitted, whichever occurs later, such lot other cause are prohibited. was held in ownership separate from that of adjoining land located in Paragraph C.1 amended 1993 Fall An.13-18.approved by.4ity.Gen.Feb.4,1981,by adding b1noise.lighting." the same residential district,or(2)may be built upon for residential use D. The construction'of a new building for, or the conversion of any 1 for a period of five years from the date of such recording or such•en- existing building, whether or not a condominium under Chapter 183A dorsement, whichever is earlier, if, at the time of the adoption of such of the general laws to any use known as time-sharing, interval owner- requirements or increased requirements, such lot was held in common ship, or otherwise, whereby unit owners are entitled by deed or other ownership with that of adjoining land located in the same residential recorded instrument to occupancy of the units for only specified,recur- district; and further provided, in either instance, at the time of building ring periods of less than a year during the course of a year, is prohibited (a) such lot has an area of 7,500 (seventy five hundred) square feet or until June 1, 1984 in all districts. This paragraph D. shall cease to be more and a frontage of twenty feet or more, is in a district zoned for effective on June 1, 1984. (Unanimous) residential use, and conforms except as to area, frontage, width and Paragraph D�added 1982 An A-1,approved by'.the Atn.Gen.Feb.16, 1983. depth with the applicable provisions of the zoning ordinance or by-law iNON-CONFORMING USES), in effect in the town and (b)any proposed.structure is to be located on Any lawful building, or any lawful use of a building or premises, such lot so as to conform with the minimum requirements of front, side or part thereof, existing at the time the zoning by-law was originally and rear setbacks, if any. in effect at the time of such recording or such adopted in the area in which such building or use is located, may be endorsement, whichever is earlier, and to all other requirements for continued, although such building or use does not conform to the pro- such structure in effect at the time of building. visions.hereof. Paragraph E added 1977 An 21,approved by Atty.Gen.Jan. 12,1978. ,Any change-of.a non-conforming use,,any.alteration. r_elocation,or', H. ACCESSORY USES (increase in'size of an existing non-conforming building or-structure�to 1 1. Accessory buildings or uses including the keeping, stabling, and extend the,non=conforming use on the same lot, or use of existing or maintenance of horses as specified in Section I located on the same lot �construcii6n bf a new building or structure, shall be allowed only by,+ as the building to which it is accessory and customarily incidental to ,Special Permit of the;Boai•d of Appeals. Any of the foregoing shall not'' any of the uses permitted in a particular residence district and not , creation of any use of structure more objectionable or),r detrimental to a residential neighborhood, shall be permitted in that result in the 'substantly„detrimental to the neighborhoo_d_o_r_theac_reation of,two+or} particular residence district. ial more non-conforming USeS differing In 115C Paragraph I amended by adding"Including the keeping,stabling, and maintenance of horses as Prior paragraph(B)deleted and new paragraph)B)Inserted by 1974 An 112,approved by the Atty. specified la Section I"1974 An 102,approved by the Atty.Gen.July 16,1974. Gen.July 16,1974. 2. Uses, whether or not on the same parcel as activities permitted as a C. Any such non-conforming building which has been damaged by matter of right, accessory to activities permitted as a matter of right, fire or other cause to any extent, may be repaired or rebuilt, providing which activities are necessary in connection with scientific research or the owner shall apply for a building permit and start operations for I scientific development or related production, may be permitted upon restoring or rebuilding on said premises within twelve(12)months after the issuance of a special permit provided the granting authority finds such catastrophe. i that the proposed accessory use does not substantially derogate from D. See Special Exceptions Section. the public good. l Paragraph 2 added by 1977 An 21,approved by the Atty.Gen.Jan. 12, 1978. E. Any lot lawfully laid out by a plan or deed duly recorded, as de- I I. USE REGULATIONS — RESIDENCE DISTRICTS fined in section eighty-one L. of chapter forty-one, or any lot shown on A. No building shall be erected or altered and no building or premises a plan endorsed with the words"approval under the subdivision control � shall be used for any purpose in the following specified districts other law not required" or words of similar import, pursuant to section eighty-one of chapter forty-one, which complies at the time of such I than provided for in this section or in Section P and the maximum height of any building shall be not more than two & one-half W/2) recording or such endorsement,whichever is earlier,with the minimum stories, or thirty(30) feet from the ground level to the plate, whichever Page 6 I Page 7 APPENDIX A from ground level to the plate, whichever is lesser,except that in a Pro- ' Front Yard side Rear fessional Residential District hospitals are excluded from this height Area in Frontage Width Setback Yard Yard limitation. Sq.Ft. In feet In feet in feet in feet in feet Paragraph A.amended by 1974 An 108,approved by the Ally.Gen.July 16, 1974 by adding,"The - RESIDENCE B 43.560 20 100 20 10 10 maximum height...from this height limitation." RESIDENCE B-1 43.560 20 100 20 10 10 Business District] 1 RESIDENCEC 43.560 20 100 20 10 10 Ca. Wholesale or retail stores or salesrooms.1 RESIDENCEC-1 43.560 125 30 15 15 1bRetail.trade service or shop. t c. Offices and banks? RESIDENCE C-2 43.560 20 100 20 10 10 , RESIDENCE D 43.560 20 125 30 15 15 d ]Restaurants and other food establishments.; RESIDENCE D-1 43.560 20 125 30 10 10 �e.S [Place of business of baker, barber, blacksmith, builder, t RESIDENCE F 43,560 150 30 15 15 kca pe ter, caterer, clothes cleaner or presser,confectioner, contractor, RESIDENCE F ] 43,560 20 125 30 15 1S decorator, dressmaker, dyer, electrician, florist, furrier, hairdresser,) RESIDENCE F-2 43.560 20 150 30 15 15 hand laundry, manicurist, mason, milliner, newsdealer, optician,) RESIDENCE G 65,000 20 200 30 15 15 1pa nter, paper hanger, photographer, plumber, printer, publisher,) Residence B-1 area added by An.1977 25,approved by the Ally.Gen.Jan. 12, 1978. woofer;• shoemaker, shoe repairer, shoe shiner, tailor tinsmith, tele hone�exchan e, tele ra h office, undertaker, u holsterer,) Residence F-2 added by 1977 An 36,approved by Ally.Gen.Jan. 12, 1978. P g_ g__P�Z-_ � � pl j Residence A and Residence Al deleted by 1973 An 140.approved by the Ally.Gen.June 15.1973. wheelwright.— it Appendix A amended by adding the words"Front Yard"and be deleting figures shown as"50(30)" Gasoline and oil filling stations and garages., and inserting therein the figure"30"1974 An 145,approved by the Ally.Gen.July 16, 1974. 1 Residence C-2 added by 1974,July 30,Sp. 12.approved by the Am'.Gen.September 5, 1974. g. Apartment houses. subject to Section M.) Residence G added by 1979 An 7,approved by the.Ally. Gen.June 20. 1979. h., Hotel or motel, subject to Section N.F ' Residence D-2, Residence D-3, Residence E, Residence E-1 deleted 1979 An 9,approved by Ally. T Gen.Feb.26. 1980. lJhe above listed types of business uses are not intended to bed t Frontage in feet"20"added by Jan.21, 1982 Sp.4,approved by Atry.Gen.May 20. 1982. all.Inclusive and-any other Ordinary business use-of a similar natures ' Area in sq.ft."43,560",where less,by Feb.28, 1985 Sp 1,approved by Ally.Gen.May 31,1985. may be Carrled_On Ina Business District. •�,_� - - - - —- Front yard setback distances shown above mean from sideline of 2. Business District A. the street. Where a lot abuts on one or more than one street, front yard a. The same uses as permitted in the Business District, except setback shall be applicable from all streets. Front yard setback in that hotels and motels and multi-unit dwellings are excluded and the Residence Districts along Route 28 and along Route 132 shall be 100 conversion of any existing multi-unit dwelling, whether or not a con- feet. 1 dominium under Chapter 183A of the general laws, to any use, known Prior Paragraph deleted and new paragraph inserted by 1974 An.146.approved by the Ally.Gen.July as time-sharing, interval ownership or otherwise, whereby unit owners 16, 1974. are entitled by deed or other recorded instrument to occupancy of the Paragraph amended 1983 Fall An. B-14, approved by Atty. Gen. Feb. 4. 1984 by adding"Front yard...Route 28...... —Units for only a specified period of less than a year during the course of Hotels and motels shall not be allowed in Precincts 1, 2, 4, 6 and 7 a year, is prohibited. as existing on the date of adoption of this bylaw. Nothing in this Prior sub-paragraph 2 deleted by 1982 An A-11 and new sub-paragraph added,approved by Ally. Gen.Feb. 16,1983. paragraph shall affect the Industrial or Industrial Limited Districts. 3. Business Limited District B. Paragraph amended 1983 Fall An.B-13,approved by Ally.Gen.Feb.4,1984 by adding"Hotels and a. Motel, hotel or lodging house. motels....." Wetlands as defined in Section C-Definitions shall not be included - b. Building, sale, rental, storage and repair of boats. in the area square foot requirement for zoning compliance, as shown in c. Retail sale of marine fishing and boating supplies. Appendix A. d. Retail sale of fishing bait, fish and shellfish. Paragraph inserted by 1983 Fall An.B-8,approved by the Ally.Gen.Feb.4.1984. e. Operation of a commercial fishing business excluding can- - _ ning or processing of fish.. 1,t' •'. USE.REGULATIONS�NON-RESIDENCE_DISTRICT! j f. Restaurants. A. No building shall be erected or altered, and no building or I g. Retail stores. premises shall be used, for any purpose in the following specified h. Operation of charter fishing and marine sightseeing and ex- districts other than provided in this section. The maximum height of cursion facilities. any building shall be not more than two (2) stories, or thirty (30) feet a. & f. required to connect to the Town sewer system and subject to Special Permit under Section P. i Prior paragraph deleted and new paragraph added by 1978 Fail An 16,approved by Atty.Gen.Feb.6, 1979. P I Page 13 Page 12 4. Business Limited District C. Sub-paragraph(f)inserted by Jan.22,1982,Sp. 18,approved by Airy.Gen.May 20, 1982. a. . Professional or home occupation use. See Section I for 11. Industrial Limited District. definition: a. Warehousing and wholesale distribution facilities of non-toxic b. Small retail businesses common to a residence district. c. • Detached one family dwelling. and non-hazardous materials; d. a. and b: above subject to the grant of a special permit b. Light manufacturing and assembly facilities; under Section P. c. Research and development facilities; Sub-paragraph(c)added by 1970 An 108,approved by the Atty.Gen.June 19, 1970. d. Professional or business offices. banks, architectural, engineer- Sub-paragraph id)inserted by Jan.21, 1982 Sp.9,approved by the Atty.Gen.May 20, 1982. ing and drafting firms, computer operations centers, recreation facilities. 5. Marine Business District A. and such sewerage treatment facilities as may have been allowed by a. 'Building, sale, rental, storage and repair of boats. previous zoning bylaw; b. Retail sale of marine fishing and boating supplies. e. Specifically prohibited shall be petroleum refineries, land fills. 6. Marine Business District B. resource recovery facilities, hotels, motels, restaurants, manufacturing a. Building., sale, rental, storage and repair of boats. and processing uses, any use involved in the manufacture, storage, b. Retail sale of marine fishing and boating supplies. transportation, disposal or use of toxic or hazardous materials and any c. Retail sale of fishing bait, fish and shellfish. residential use. d. Operation of a commercial fishing business excluding com- Previous paragraph 11 deleted,new paragraph 11 inserted by Dec.4, 1985 Sp.17,approved by Any. mercial canning or processing of fish. Gen.Jan.24, 1986. e. Operation of whale watching facilities. 12. Service and Distribution. Sub-paragraph(el-added_1982 An AA approved by Atty.Gen.Feb.16, 1983. a. Warehousing and distribution facilities. �7. Village Business Districts A R BJ; b. Servicing, storing and processing of goods in transit. a.l ;Detached one family dwellings ' c. Facilities for service type trades, including shops and Prior sub-paragraph (a)deleted and the words"Detached one family dwelling"inserted therein by storage yards. 1973 An 141,approved by the Atty.Gen.Lune i5,i973. d. Offices, garages and related facilities for all such enter- 'Retail store, professional or business offices,bank, persons pr�ses. ,service store or shop" e. Retail store, profesional or business offices, bank, personal 8, Highway Business District. service stores or shops; by special permit, full service restaurants and a. The same uses as specified in a Business District are allowed delicatessens may be permitted. by special permit in accordance with Section P. Sub-paragraph (e)added by 1974 An 127,approved by the Arty.Gen.July 16,1974. Prior sub-paragraph 8 deleted by 1983 Fall An.B-lin)and new sub-paragraph 8 inserted,approved by 13. Profesional Residential District. Atty.Gen.Feb.8, 1984. 9. Urban Business District. a. Detached one or two family dwellings. a. Same uses specified in a Business District. Except that in b. Apartments-Subject to provisions of Section M and subject Osterville Urban Business District, Hotels and Motels are excluded. to the modification allowed by Section P. 10. Industrial District. c. Renting of rooms to not more than ten persons by a family a. Same uses specified in a Business District. ( resident in the dwelling. b. Lumber, fuel, feed and ice establishments. I d. Professional Offices and Licensed Real Estate Broker's Offices. c. Contractors yards. i e. Nursing Homes and Rest Homes. d. Manufacturing and industrial uses except as noted in Sec- I f. Medical and Dental clinic, pharmaceutical and therapeutic tion P. Special Exceptions. uses. e. Same uses specified in a Service and Distribution District. g. Hospitals - (non-veterinarian). 71b district added by 1970 An.105,approved b the A Gen.June 19, 1970. f. Specifically prohibited shall be petroleum refineries, land I Sub-paragraph(b-Apartments)amended by addlag"and smb)ect to the modttfradon allowed by Section fills, resource recovery facilities, sewerage treatment facilities which P"An 127,approved by the Any.cam,Jane 22,1971. process and discharge less than tertiary-treated effluent, and any other Subparagraph 13-d amended by adding"and Ucensed..." Fail An-8,November 13,1984,approved by use which involves as a principal activity the manufacture, storage, use, the Atty.Gen,February 28,1985, transportation or disposal of toxic or hazardous materials, except as allowed by special permit under Section P. Sub-paragraph(e)added by 1973 An 135,approved by the Atty.Gen.June 15, 1973.0Id Sub- paragraph(d)deleted,new sub-paragraph(d)added by Jan.22,1982,Sp.18,approved by Atry.Gen. May 20,1982. Page 14 Page 15 tuie:before improvement, or if damaged, before damage occurred) of residential structures shall have the lowest floor (including basement) dance with Section Q, as in any other zoning district within the Town of elevated to not less than base flood elevations. New construction or Barnstable, and may grant Special Permit from these requirements in substantial improvement of nonresidential structures shall either be the case of new structures or substantial improvement to be erected on similarly elevated or, together with attendant utility and sanitary a lot contiguous to and surrounded by lots with existing structures and facilities, be flood-proofed to not less than base flood elevations. constructed below the base flood elevation, provided the following are 2. Where floodproofing is utilized in accordance with Section 1, a met: a. A showing of good and sufficient cause. registered engineer or architect shall certify that the floodproofing b. A determination that failure to grant the Special Permit methods are adequate to withstand the flood depths, pressures, would result in exceptional hardship to the applicant. velocities,impact and uplift forces and other factors associated with the c. A determination that the Special Permit will not result in in- base'flood. creased flood heights, additional threats to public safety, or environ- s 3. Any new construction or substantial improvement to be under- ment, extraordinary public expense, or any conflict with requirements taken within said district shall be in accordance with the Massachusetts in accordance with Chapter 40A, of the Massachusetts General Laws, Uniform Building Code, Section 748.0. The Building Inspector shall and (a) review all proposed development within the flood district to assure d. The Zoning Board of Appeals has notified the applicant for that all necessary permits have been received from those governmental the Special Permit, in writing, that the actuarial rates will increase as agencies from which approval is required by Federal or State law, in- the first floor elevation decreases, and that such construction below cluding Section 404 of the Federal Water Pollution Control Act base flood elevation level increases risks to life and property. Amendments of 1972, U.S.C. 1334. (b)obtain and maintain records of e. Favorable recommendation from the Board of Health on all elevation and floodproofing levels for new construction or substantial structures requiring sewerage disposal and/or water supply. improvement within the flood district. 9. Upon the granting of such a Special Permit or permits, from 4. Any new construction, alteration of structures or other develop- Section Q, the Zoning Board of Appeals, shall maintain a record of all ment which is removed from the A. or V. zones by subsequent flood in- such special permits granted by the Board, including justification for surance map amendments shall only have to meet the requirements of their issuance, and report such special permits in its annual report to its new zone designation. the Flood Insurance Administrator in accordance with the Department 5. All subdivision proposals and other proposed new developments of Housing and Urban Development Guidelines. greater than 50 or 5 acres, whichever is the lesser, shall include within 10. The Zoning Board of Appeals may grant a Special Permit for the such proposals base flood elevation data. reconstruction, rehabilitation or restoration of structures listed on the 6. Assure that subdivision proposals and proposals for other National Register of Historic Places or the State Inventory of Historic developments, including their utilities and drainage, are located and Places or the Old King's Highway Regional Historic District, without designed to be consistent with the need to minimize flood damage. regard to the procedures set forth in Section 7 above. 7. No land within areas designated as V. (velocity) zones on the 11. Where these flood area provisions impose greater or lesser F.I.A. Flood Insurance Rate Maps shall be developed unless such restrictions or requirements than those of other applicable by-laws or development is demonstrated by the applicant to be located landward regulations, the more restrictive shall apply. of the reach of the mean high tide. All new construction and substantial 12. The invalidity of any section or provision of this by-law shall not improvement within the V. zones shall be (a) elevated on adequately invalidate any other section or provision hereof anchored pilings or columns, and securely anchored to such piles or Prior Section O deleted,New Section O Inserted by 1977 An 23,approved by Atty.Gen.Jan.12,1978. -- - --- - -- columns so that the lowest portion of the structural members of the P.' SPECIAL EXCEPTIO - NS lowest floor(excluding the pilings or columns) is elevated to or above A. The Board of Appeals may grant a special_permit for the f6llowin9* the base flood elevation; and (b) certified by a registered professional exceptions to the zoning by-law: engineer or architect that the structure is securely anchored to ade- 1. Temporary occupancy of a trailer during construction of a per- quately anchored pilings or columns in order to withstand velocity manent home. waters and hurricane wave wash.The following shall be prohibited with 2. Maintenance and occupancy of tents in an organized and super- a. Any man-made alteration of sand dunes and salt marshes vised recreational camp, subject to compliance with the rules of the which might increase the potential for flood damage. Board of Health. b. Use of fill. 3. Increase in the total floor area of a non-conforming building c. Mobile homes. damaged by fire or other cause. 8. The Zoning Board of Appeals may authorize exceptions from 4. Any change, alteration, relocation or increase in size of an ex- flood regulations by Special Permit within the flood areas in accor- isting non-conforming building or structure on the same lot, or use of Page 20 Page 21 existing or construction of a new building or structure to extend the Residence D-2,Residence E deleted from prior paragraph 1979 An 9,approved by Arty.Gen.Feb.2 nou-conforming use on the same lot, subject to Section G. Paragraph 1980. Prior sub-paragraph 19 deleted by 1984 An 1 and remaining sub-paragraphs renumbered,approved 1 B.' Atty.Gen.July 31,1984. Prior paragraph 4 deleted and new paragraph 4 Inserted by 1974 An 113,approved by the Arty.Gen. ' July 16,1974. 5. Re-establishment of a non-conforming use which has been 18. On all zoning districts, public or private regulation golf course. discontinued for two (2)years. _ of a minimum length of 1.000 yards for a 9-hole course. 2,000 yards fo: paragraph 5 amended by deleting the word and figure"one(1)year."and inserting therein the words an 18-hole course, together with accessory buildings for storage of gol: and figure"two(2)years."1978 Fall An 1,approved by Atty.Gen.Feb.6,1979. course maintenance equipment and materials including golf carts, a prc 6. Change of a non-conforming use to any specified use not more shop for the sale of golf related articles, rest room and shower facilities detrimental to a neighborhood. 7. Accessory use as defined in Section H,on a lot adjacent to the lot and locker rooms. No other accessory buildings shall be permitted. ra sub-pagrapah arises by 1973 July it,sp.6,approves by the Aces.Gen.August 24,1973. having thereon the principal building to which it is accessory. Prior sub-paragraph deleted by 1973 An 145,and new sub-paragraph inserted therein,approved by the Arty.Gen.June 15,1973. 19. The keeping, stbli and maintenance of horses in excess of 8. In a Business District, a yard for storage of coal, oil, junk or p g stabling.g lumber, or any business requiring use of a railroad siding. the density requirement of Section I and subject to the conditions herein 9. In a Business District a building or place for recreation or set forth on the same lot as the building to which it is accessory or on a lot amusement, provided that no such special permit shall be granted for a adjacent to the lot having thereon the principal building to which such use which is principally the operation of coin operated amusement use is accessory. Sub-paragraph added by 1974 An 103,approved by the Arty.Gen.July 16,1974. devices. Prior paragraph deleted and new paragraph added by 1979 Am 11,approved by Arty.Gen.Feb.26, 1980 . 20. In a Residence C-2 District, Nursing Homes and/or Retirement 10. In a Business Limited District C, professional or home occupa- tion use as defined in Section I., and small retail businesses common to Homes must meet the following criteria. a residence district. (1) The lot area must be at least five (5)acres. Recission of old Paragraph 10,new Paragraph 10 Inserted by Jan.21,1982 Sp.9.Approved by Arty. (2) The capacity of the facility shall be limited to ten (10)beds Gen.May 20,1982. per acre of upland. 11. In a Business Limited District B, motel, hotel or lodging house Subparagraph amended by An 26 approved by Arty.Gen.Jan.12,1978,the words"of upland,"added. and restaurants. 1 (3) Adequate off-street parking shall be provided in com- Prior paragraph deleted and new paragraph added by 1978 Fall An 16,approved by M6.Gen.Feb.6, pliance with Section S of the Zoning By-Laws. 1979. (4) No building shall be located nearer than 150 feet from an 12. In all districts where renting of rooms is permitted, the same existing public way. total number of lodgers specified, may be permitted in one(1)multiple (5) The applicant must be in possession of a Certificate of Need unit dwelling. from the Massachusetts Division of Medical Care,Department of Public 13. In a Marine Business District B, a restaurant. Health. L14. In Village Business bistrict;A'and B any use permitted in (6) The use shall specifically exclude hospitals, sanitoriums, Business District, except motels and hotels; _ convalescent homes or detached infirmaries or clinics. Former Pacageaphs 8 and 17 deleted 1979 An.9,approved by Arty.Gen.Feb.26,1980.Remaining (7) Plans required: paragraphs renumbered in proper sequence. (a) Perimeter survey showing entire tract ownership as 15. In a business district, any manufacturing use. well as abuttingowners, and an existingwas or easements. Sub-paragraph added by 1969 October 23,Sp.19,approved by the Arty.Gen.Dec.17,1%9. y y 16. In a Professional Residential District, the area requirements of (b) A topographic plan of the entire site at five (5) foot Section M Apartments, may be modified so that apartment buildings contour intervals showing all existing structure locations as well as shall cover not more than 50% of the gross land area of the lot or coin- vegetative cover masses.This plan shall be prepared by a registered land bination of lots. surveyor by means of an on-site survey or by an approved aerial Sub-paragraph added by 1971 An 127,approved by the Arty.Gen.June n,1971- photographic method. 17. In a Residence C-1 District and Residence F District, profes- (c) Sketch plan of the proposed development showing the sional or home occupation use. following: Sub-paragraph added by 1972 An 136,approved by the Arty.Gen.Aug.3,1972. 1)Density and disbursement of structures over the Sub-paragraph amended by deleting the words'Residence D-3 Disttict"at 1972 August 14,Sp.21, approved by the Arty.Gen.Sept.20,1972. parcel. Page 22 _ Page 23 EXHIBIT 4 i I ZONING BY-tAW' a BARISTABLB„ i .� MAO IL 00 i639• 'ID MAY TOWN OF BARNSTABLE MASSACHUSETTS Adopted: Special Town Meeting April 7, 1987 Approved: Attorney General September 14, 1987 As Amended //lS/%9�7_y PRINTED ON CAPE COD AT THE PATRIOT PRESS, HYANNIS, MASS. i d) Any stored vehicles shall bear a current vehicle registration. 0) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy, subject to the following: a) Such use remains accessory to a principal use permitted In Section 3-3.5 (1) herein; and b) A building permit shall be obtained prior to commencement of construction of such use. i E) Place of business of blacksmith, decorator, up-holsterer or undertaker. F) Telephone exchange. G) Place -of business of building trades subject to the following: a) Not more than three (3) full-time employees shall be on the premises at any time; and b) Any outside parking of commercial vehicles or equipment shall be screened from view to a height of six (6) feet; and c) Any outside storage of materials or supplies shall be. screened from view to a height of six (6) feet, and shall be stored to a height 'not exceeding six (6) feet. H) Light manufacturing uses subject to the following: a) The building housing such use shall not exceed two thousand (2,000) square feet of gross floor area; and b) The screening standards of Section 3-3.5 (3) (G) (b and c) herein. I) Storage yard for coal , oil , lumber, or other business dependent on. using a railroad siding subject to the following: a) The screening standards of Section 3-3.5 (3) (G) (b and c) herein. Condltional�Uses=The following uses ere,permitted as conditional uses'; In the VB-B District.Pprovlded a Special 1f1el` Permit first obtained from the Zoning Board of Appeals subject to the provisions of Section 5-3.3 herein and subject the specific standards for such conditional uses as required in this section: A) �Wlndmills, and other devices for the conversion of wind energy to electrical or mechanical energy, subject to the following: a) Such use remains accessory to a principal use permitted in Section 3-3.5 (1) herein; and 34 r b) A building permit shall be obtained prior to commencement of construction of such use. 4) Special Permit Uses: (Reserved for Future Use) 5) Bulk Regulations: MIN.LOT MIN.LOT MIN.LOT MINIMUM YARD MAX.BLDG. MAX.LOT ZONE AREA FRONTAGE WIDTH SETBACKS IN FT. HEIGHT COVERAGE SQ.FT. IN FT. IN FT.-FRONT SIDE REAR- iN FT AS % OF --------------- LOT AREA VB-A 10,000 20 100 10 30• 20 30# 25 VB-8 43,560 160 -- 40 30 30 30# 25 # Or two (2) stories, whichever is lesser. • The minimum total side yard setback shall be thirty (30) feet, provided that. no allocation of such total results in a setback of less than twenty (20) feet, except abutting a residential district, where a minimum of twenty (20) feet is required. 6) Special Screening Standards: In VB-A and V13-8 Districts, each lot shall have a green strip fifteen (15) feet in width on each side; and along each side abutting an existing roadway on which grass, bushes, flowers, trees or a combination thereof, shall be maintained. Where the lot abuts a residential district, screening consisting of compact evergreen hedge or equivalent, obscuring natural vegetation of not less than three (3) feet in height at the time of original planting shall be provided, and maintained in good condition, and no advertising shall. be placed thereon. I 35 EXHIBIT 5 u�:xlth . oTI Public TU\n of Barns"G")'c 200 Main St Hyannis,Mtjp NOTES TO THE FILE - October 21,2008 Speedwell Boat Works. 1000 Main St. l ,,' n West Barnstable � r 0i% 7xe /QPeo+z Public Health D Cynthia Martin,BOH T�ofBamstable ivision y��1io Alain t MA WWI This business filed a Toxic and Hazardous Materials On-Site Inventory on an unspecified date.An inspec tion of the facility on October 21,2068 revealed that Speedwell Boat CWorks is no longer in business�Mr. Charles Birdsey, who was on site,reported that he no longer works on boat building. The barn,garage and two sheds contained no hazardous material other than what Mr. Birdsey and his son use for their personnel use. Two boats owned by the Birdseys were stored in the barn..There were several small boats being stored outdoors on the property but there was no evidence of any maintenance being performed. i EXHIBIT 6 r - 2011-138 (Continued) follows: household quantities; waste oil retention facilities for retailers of motor oil required and operated in compliance with MGL Ch. 21 § 52A;oil on site for heating of a structure or to supply an emergency generator" D. Section 240-24. B(2),that Part of the second sentence that reads "No more than three total rooms shall be rented to not more than six total guests at any one time in the VB-B Business District,and" E. Section 240-24.D—all of the text in that subsection D, and F. Delete the remaining VB-B references in Section 240-24 and the single reference in Section 240-23. E (2). Section 1: To amend the Zoning Ordinance of the Town of Barnstable, Chapter 240 of the General Ordinances of the Code of the Town of Barnstable, Article III, District Regulations by adding a new Section 240- 20(now reserved for future use)West Barnstable Village Business District,to read as follows: i(§240-20 West Barnstable Village Business District;i A. Purpose and Intent: The purposes and intent of this section is to guide development and redevelopment in West Barnstable Village Business District so that it: 1. Promotes a location-appropriate scale and traditional mix of business,institutional and residential land uses that contribute to and respect the historic character and historic neighborhood development patterns; j 2. Acknowledges the historic context of the village and preserves or enhances historic buildings or other historic resources; 3. Protects and preserves the historic and scenic streetscape. 4. Provides a variety of functions that support residents' day-to-day use of the district; 5. Supports and enhances the diverse local economy and retains established village goods and service offerings; 6. Preserves and protects the traditional New England village character of West Barnstable through architectural design that replicates in scale and character the best examples of traditional neighborhood design from the historic towns and villages of Cape Cod and New England to enhance the aesthetic quality of Barnstable as a whole. 7. Conforms with the Old Kings Highway Regional Historic District Act; 8. Is consistent with the Barnstable Comprehensive Plan and the West Barnstable Village Plan. The following uses are permitted in the WBVBD,provided that no operation shall result in the treatment,generation, storage or disposal of hazardous materials, except as follows:household quantities;waste oil retention facilities for small scale retailers of motor oil required and operated in compliance with MGL Ch. 21 § 52A; oil on site for heating of a structure or to supply an emergency generator. A. Principal permitted uses. 1. Single-family residential dwelling. A single family residential dwelling may be free standing or attached to a building also used for non-residential uses. More than one single family residential dwelling per lot is permitted as long as there is a minimum of one acre per single family dwelling,but in no case will more than one principal permitted single family residential dwelling be contained in any one building. 2. Small scale retail store. 3. Professional,business or medical office. 4. Office of a bank,credit union, savings and loan or other financial institution. -5- I 2011-138 (Continued) B. Accessory uses. The following uses are permitted as accessory uses in the WBVBD: 1. Bed-and-breakfast operation within an owner-occupied single-family residential structure,subject to the provisions of§ 240-11C (6) except Subsections (b) [1] and[2]. No more than three total rooms shall be rented to not more than six total guests at any one time in the WBVBD. No special permit shall be required in the WBVBD. For the purposes of this section, children under the age of 12 years shall not be considered in the total number of guests. 2. Automated banking facilities (ATM) shall be located within a principal building and shall not be accessed from the exterior of the building. 3. Accessory apartments as provided for in The Town of Barnstable Code, Chapter 9 Affordable Housing,Article II Accessory Apartments and Apartment Units. C. Sp ecijl.P_ermit_Uses. The following uses are permitted provided that a special permit is first obtained from the Special Permit Granting Authority(SPGA) subject to the provisions of § 240-125C herein and subject to the specific standards for such uses as required in this section: Artisans andrk speople 2. Personal service business 3. Windmills and other devices for the conversion of wind energy to electrical or mechanical energy subject to the provisions of§ 240-44.1 D. Special Permit Performance Standards. In addition to the standards for the grant of a special pen-nit set forth in § 240-125C, the grant of any special permit within the WBVBD requires findings to support that the development meets the following criteria: 1. Is compatible with and supports the purpose and intent of this section; 2. Mitigates impacts to safety and congestion from development; 3. Protects and preserves water supply for both drinking water and fire protection; 4. Stonnwater shall be contained on site and mitigated using best management practices; 5. Manages waste,by-products and other debris that may be associated with artisan and crafts use in a manner compatible with abutting or nearby residential uses; 6. Does not generate noise, vibration, smoke, dust or other particulate matter, odors, heat, glare or intrude with similar nuisance on abutting or nearby residential uses; 7. Storage of all raw material and finished product associated with artisan or craft:use shall be stored within a duly permitted permanent structure. All outdoor storage associated with artisan or craft use is prohibited. 8. Deliveries may take place not sooner than one hour before, or later than one hour after the pennitted operating hours of a business. 9. Vehicles are prohibited from running motors, refrigeration units or other mechanical units outside of permitted hours of operation. E. Bulk Re ulations. Minimum Yard Setbacks Maximum Minimum Minimum Maximum Lot Lot Area Lot Minimum Building Coverage as (square Frontage Lot Width Front3 Side Rear Height % of Lot feet) (feet) (feet) (feet) (feet) (feet) (feet) Area 43,560 160 — 30 30 30 30' 102 NOTES: 1 Or two stories,whichever is lesser - 6- I r 2011-138 (Continued) 2 No more than 33%.of the total upland area of any lot shall be made impervious by the installation of buildings,structures and paved surfaces. 3 Front yard landscaped setback from the road lot line: 20 Feet. Existing trees and shrubs shall be retained within the road right-of-way and within the required front yard landscaped setback and. supplemented with other landscape materials, in accordance with accepted landscape practices. Where natural vegetation cannot be retained,the front yard landscaped setback shall be landscaped with a combination of grasses, trees and shrubs commonly found on Cape Cod. A minimum of one street tree with a minimum caliper of three inches shall be provided per 30 feet of road frontage distributed throughout the front yard setback area.No plantings shall obscure site at entrance and exit drives and road intersections. All landscaped areas shall be continuously maintained, substantially in accordance with any site plan approved pursuant to Article IX herein. F. Non-Conforming Use Limitations. Within the WBVBD the change of a non-conforming use to another non-conforming use is prohibited notwithstanding the provisions of Section 240-94.A. A nonconforming use shall only be permitted to change to a Principal Permitted Use as of right or to a Special Permit Use as provided for by the grant of a special permit pursuant to Section 240-20 C and D herein. G. Corporate Branding-Buildings,colors, signage, architectural features,text,symbols, graphics, other attention getting devices and landscape elements that are trademarked,branded or designed to identify with a particular formula business chain or corporation are prohibited. All structures and sites shall be designed to include architectural and design elements that are consistent with the WBVBD architectural composition, character, and historic context. Interior corporate branding elements shall not be visible to the street through windows, doors or by any other means. The Town will work with applicants to adapt critical functional features of prototype plans to their sites,but will not accept standard plans,building forms,elevations,materials, or colors that do not relate to the site, adjacent development or West Barnstable community character. H. Site Development Standards. In addition to Article IX, Site Plan Review and Article VI, Off- Street Parking the following additional requirements shall apply within the WBVBD. 1. Loading docks. Loading docks shall be screened from Meetinghouse Way(Route 149), Main Street(Route 6A), Lombard Avenue,Navigation Road, Packet Landing Road and Whitecap Lane with landscaping or fencing materials of an appropriate scale. 2. To the greatest extent feasible,all new parking areas shall be located to the side and rear of the building. Parking is not permitted in the required front yard setback with the exception of parking required by ADA compliance as determined by the Building Commissioner. 3. Curb cuts and driveways. (a) Shared driveways and parking area interconnections are strongly encouraged. No more than one curb cut on Meetinghouse Way(Route 149, Main Street(Route GA), Lombard Avenue,Packet Landing Road,Navigation Road and Whitecap Lane shall be allowed for any lot. For traffic safety and to reduce traffic congestion,no new driveways shall be permitted on Route 149,Route GA,Lombard Avenue and Whitecap Lane within 200 feet of any intersection. (b) Driveways shall not exceed the width required by Site Plan Review -7- 2011-138 (Continued) 4.Lighting. In no case shall exterior or outdoor lighting cause glare that impacts motorists, pedestrians or neighboring premises. (a)All exterior lighting shall rise full cutoff light fixtures in which no more than 2.5 percent of the total output is emitted at 90 degrees from the vertical pole or building wall on which it is mounted. (b) Up lighting is prohibited. I. Deflnitions. The following terms are defined in the WBVBD and shall not be construed to apply to other regulations. Artisan or Craftsperson Use—A small scale use that typically employs one or two people who practice craft or artisan activities. A key feature of works produced by artisans or craftspeople is the high degree of manual expertise involved. The use must be compatible with abutting and nearby residential and non-residential uses. The following is included in the definition of Artisan or Craftsperson Use: Artisan or Craftsperson-A person using manual skills to produce, in limited quantities, ornamental or functional works in ceramic, glass,metal,paper,wood or textiles. [Exam _les rjnclude; without limitation, the following: drawing,painting, sculpture,pottery,photography, graphic design, interior design, fashion design,jewelry making,wood turning,glass blowing, furniture making,{small wooden boat balding;upholstering and weaving. Personal Service—Establishments engaged in the provision of services,but not goods,of a personal nature to individuals and households. Such establishments include barber shop,beauty salon,clothing repair or seamstress shop,shoe repair shop,florist and day spas. Personal service establishments that are not commonly found in rural village environments such as check cashing services, fortune tellers, psychics,palm readers and similar services, spas and hot tubs for rent, tanning,piercing and similar services are prohibited. Small scale retail store—Small stores and businesses,including but not limited to, corner groceries, bookstore,galleries and other small retail uses typically found in small New England towns. Small scale retail does not include retail or commercial buildings or storage designed to serve a large volume of customers, e.g. gasoline and oil filling stations, garages for automotive repair. Small scale retail is subject to corporate branding limitations as described herein and.shall not include drive through window service. SPONSOR: Councilor Henry C. Farnham DATE ACTION TAKEN Read Item Motion to Open Public Hearing Rationale Public Hearing Close public hearing Council discussion Move/vote - 8 - ' Town of Barnstable Regulatory Services Richard V.Scali, Director Building Division Paul Roma,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230. PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: ATTN: PE--n5 IZ S FAX NO: -3/zz, RE: FROM: DATE: PAGE(S): I I Q:forms/faxcover Rev.07/06/16 Zoning Board of Appeals x7 g4Y 13 Pe.. 3 51 M L. ;.chard Auclair Deed duly recorded in the Property Owner County Begist.ry of Deeds in Book Charles S. Birdsey Page Petitioner District of the Land (Hurt. Certificate No. Book _ ...„....._.._... Pace _..._..__.._ :appeal 1\o. _._..___:1987-35 .... 1ST FACTS and DECISION Petitioner ______Charles S. Birdsey „ „.„ filed petition on'-.__-.-----— 1.9 1000 Main Street requesting a variance-permit for premises at _ _.„____________ „,..__._„ _„.___ .___„...._ in the village (Street)�� of N west Barnstable adjoining premises of _ (see attached list) Locus Lauder consideration: Barnstable Assessor's Riap no. __„ 179 ._..................... !it nv. _..�.„...._____... :Petition for Special Permit: ❑ Application for Variance: ❑ made under See. of the Town of Barnstable Zoning by-lams and Sec. _w_ _...___. __„„_ ..._..._.. _ __.. _. _ Chanter 40A.. lHass. Gen. Laws for the purpose of to allow the maintenance, repais.and sale of small boats with retail sale of supplies related thereto. Locus is presently zoned ilL.. Village Business _B \otice of this livaring was given hA mail, postage prepaid. io all persons deemed affected anil by publishing in Barnstable Patriot newspaper published in Town of Barnstable it copy -of whieb is attached to the record of these proeevu,n s filed with iowIi Cleri6. A public hearing by the hoard of _Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, :lass., at Sl) 87 upon said petition under zoning, by-lim-, Present at the hearint_• were the fol'owin_• members: Richard L. Boy. Gail \ight.ingale Ronald_„J„q Chai man Luke P. Lally Dexter Bliss. At the conclusion of ti.., hearing, the Board took said petition ..er adviKement. A view of the locus was made by the Board. Appeal No. 1987..-35__ — Page ____ _ of On April 30, - _ _ _ ]:9 ..___..87, The Board of Appeals found Attorney Richard Burling represented the petitioner, Charles J. Birdsey who has a purchase and sale agreement for the property located at Lot 10, 1000 Main St. , W. Barnstable in a Village Business zoning district. ' Mr. Auclair who is the current owner has an antique business on the locus which contains 38,800 square feet and three structures. The petitioner desires to renovate an existing barn and operate a small boat repair and restoration business with sale of supplies related thereto. There is to be no change in the footprint of the building. main There are several apartments in the/building since the 1930s; the petitioner intends to use one apartment in the main house and there is going to be one office use by the petitioner's wife who runs an adoption agency. There is an existing two car garage which will be used only for the storage of vehicles. At the present time, there is a deed restriction. The current owner is the trustee of Barnstable R1ty. Trust/agreed to sign an amendment to be recorded in the Registry of Deeds for Lot 10, to amend the restriction of non-business use with the exception of an antique shop Ronald Jansson made a motion to grant the Special Permit under P (14) of the Zoning By-Law on the basis that the proposed renovation would not constitute a use that would be subtantially more detrimental than what currently exists - the motion was seconded by James McGrath. The Board voted unanimously to grant a Special Permit with the restriction that there be no more than one boat on display outside at any one time. I, /`r s �� .a� .__ .__ (�_..... Cie•rk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (0) days IwA-e rhtpsed since the Board of Appeals rendered its decision in the above entitled lmtition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this day of under the pains and penalties, of perjure. •��cc.,,<_;�, 1_'_c_.1:�•-u•-:.�•• Distribution:— Property Owner ........... ....... ._......._..._...._.._..__....:. ........4._..... _.. Town Clerk lt•,ard of appeals Applicant Town of Barn Persons interested ` Buildin.ry Inspector Public Information B ..._ _.. {.: . A . Board of Appeals Chairman PARTIES IN INTEREST 1987-35 CHARLES J. BIRDSEY Meeting of 4-30-87 Charles & Joann Mcdermott 156 Tonela Rd, Cu n aquid, MA Robert Bearse 63 Great Hill Rd, S Sandwich, Ma Marjorie Keary/Mary Burns 26 Packet Landing Way, W Barnstable,MA Roberta James/%Peter' Thorbahn Box 443, W Barnstable, MA Lawrence & Norma Caton Packet Landing Way, W Barnstble, MA Richard & Lisa Kraus Bog Road, Marstons Mills, MA Chet & Dorothy Cibrowski 1022 Route 6A, W Barnstable, MA James & Anne Kittredge Box 267, W Barnstable, MA robert Olander 1025 Main St, Barnsable, Ma John Irwin/ %Irwin & Irwin 60 Adams S;T, Milton, MA Bernice Bresnihan 255 North Rd 227, Chelmsford, MA Alford Augenstein Box 248, W, Barnsable, MA Edith Huhtanen P.O. Box 465, W Barnstable, MA Yarmouth Planning Board Sandwich Planning Board Mashpee Planning Board I TOWN OF B"NSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING• UNDER ZONING BY-LAWS ZONING BOARD OF APPEALS. T6 all s MEE ING OF APRIIL 300987 pdsons.deemed interested or affected by Board of Appeals,under Sec.'-11 of Chap•40A of General Laws of the Commotiweaith of Massachusetts. �and.alk:amendments thereto you are hereby notified that:. -.�'A-ppeal No.1987.331,7:30 pap.: .Edward&Rita Meuse have appealed to the Zoning Baard of App�and petition for a Special permit fora family apad_ meat at Map 268,Lot 016,*38 Leonard Road,Hyannis in an RB zoning district. A public hearing will be,held on this petition at 7:30 p.m. Appysl No:1987-34,745 p.mr:Marshall&Mary Awe Farley have appealed 'regulations the Zoning Bo' of Appeals and petition.for a Variance.fron: intensity zoning distric re is t,Map 288,Lot 116, 105 Hyannis Avenue.-Hyannisport in an RF-1. • . A public hearing will be,held on this petition at 7:45 p.m, Appeal No.1987.3$,8:00 p.m.s Chades S.Birdsey has appealed to the Zoning Board of Appeals and petitions for a Special Permit to renovate an existing struc- ture and operate boat repair and construction in the.barn at Map.179,Lot 2, 1000 Main Street,W.Barnstable inn. a Village Business B zoning district. A public hearing will be held on this petition at 8 p.m. Appeal No.1987.36,8:15 p maXirst Federal Savings&Loan Association of :Cape Cad has appealed a decision of the Building Inspector and.petitions for a Special Permit/Variance to allow an addition to an existing bank building at Maps 310 and 311, Lots 302,303 and 311. Route 28, Hyannis in a Highway Business zoning district. A public hearing will be held on this petition at 8:15 p.m. Appeal No. 1987-37, 8:30 p.m.: Robert Shields, Gerald Day, Frederick Sprague&Ronald Doyle have appealed to the Zoning Board of Appeals and petition for a Special Permit under Section R and PA 27 to allow an.existing hotel and restaurant. to be used as time-shared condonflnium hotel and restaurant at(Ramada Ian)Iyanough Road,Hyannis in a Business/Highwaay Business zoning district. A pglilic!rearing will be held on this petition at 8:30 p.m, These hearings will be held in the second floor hearing room,New Town Hall, 367 Main St.,Hyannis on Thursday evening,.April 30, 1987. You are invited to be present. By Order of the Zoning Board of Appeals Richard L.-,Boy,Chairman Barnstable Patriot - Zoning-Board of Appeals April:t6 and 23 1487' '-' ' o4IM r k. Ot S d o "Y iv.,148LF 448S• APPEAL No. ,ID 7NF��. •' � "'T'� �J ����� 26 1 TOWN OF BARNSTABLE PETITION FOR SPECIAL - PERP,Il UNDER THE ZONING BYLAW To the Board of Appeals, Town Hall, Hyannis, MA 02601 1):,te March 27 19 37_ The undersigned petitions the Board of Appeals to vary,in the manner and for the reasons hereinafter set forth,the application of the provisions of the zoning bylaw to the following described premises. Applicant: CIiARLES J BIRDSEY 392-314' (Full Name) (Telephone Number) Address: 185 Meadow Lane, W Rarnstahlp, Ila 02669 Owner: Richard Auclair 362-3076 (Full Name) (Telephone Number) Address: 1 Harvard Avenue, Alston, Ma. 02134 Robert E. Kennedy, Joseph A. Kennedy, Edward J_ KPnni� Schap Prior Owner of record Y .P �: y,, Tenant(if any): None (Full Name) (Telephone Number) If Applicant other than Owner of property-'state nature of interest Prospective Purchaser. 1. Assessors map and lot number Map 179, Lot 2 2. Location of Premises 1000 :\lain St. Villager".- Barnstable (Name of Street) (What section of Town) 3. Dimensions of lot 160 200 38,800 (Frontage) (Depth) (Square Feet) 4. Zoning district in which premises are located Vil 1 acIP R. 5. How long has owner had title to the above premises? since,12/27/85 6. How many buildings are now on the lot? ' , 3 7. Give size of existing buildings Proposed buildings 8. State present use of premises/ Apartment Rentals in main hot3se, Ant i c'me Shop in Barn., 9. State proposed use of premises Apartment upstairs, office downstairs boat repair sho 10. Give extent of proposed construction or alterations: n Barn. i7nnP ntheY than 1711ftY�f�i rn r+Y buildings. a 11. Number of living units for which building is to be arranged no change 12. Have you submitted plans for above to the Building Inspector? no i 13. Has he refused a permit? no 14. What section of zoning bylaw.do you ask to be varied? The iISE Regulations Section K 7b . 15. State reasons for variance or special permit: - Anp1 i rant want-, to rennsrate the x; u-s-1-; os ng o structure on the property and operate a small boat repair and cons ruc- tion business in the barn. P_ similar business was approved in 1U3 (Appeal No. 1983-86) for James Kittredge. Mr. Birdsey would operate the swne tvpe of business and the operation would be comnl'imantarw to f MAP. LOT #• NAME. ADDRESS. ZIP CODE 155 33 Bernice H. Bresnihan. 6 Ruben Way, New Bedford, Ma. 01730. 24 E. Alford Augenstein. P.O. Box 248, W. Barnstable, Ma. 02668. 179 1-1 John Mikutowicz. 225 Maple St. , W. Barnstable, Ma. 02668. 1-2 Robert E. Bearse. Box 477, West Barnstable, ' Ma. 02668. 3 Marjorie A. Keary. 26 Packet Landing Way, W. Barnstable, Ma. 02668. 4 Peter F. & Barbara 42 Packet Landing A. Thorbahn. Way, W. Barnstable, Ma. 02668. 13 Mr. & Mrs. Richard Bog Road, Marstons A. Krause, Mills, Ma. 02648. 14 + 15 Lawrence W. Caton. Packet Landing Way, W. Barnstable, Ma. 02668. 16 Kelly Cavanaugh. Marshview Realty Trust, 338 Rte. 6A, Sandwich, Ma. 02563. 178 .8 James G. Kittredge. Box 267, W. Barnstable, 1040 Rte.. 6A. Ma. 02668.. 22 Chet Cibrowski.. 1022 Rte. 6A. W. Barnstable, Ma. 02668. 24 Robert N. Olander. 1025 Main St. , Barnstable, Ma. 02630. 26 John A. Irwin. 60 Adams St. , Milton, Ma. 02187.. 30 John C. Doriss.. 1685 Main St., W. Barnstable, Ma. 02668. 156 25 May S. Alexander. Box 22, West Barnstable, Ma.. 02668. 26 Edith K. Huhtanen Box 465, West Barnstable, Ma. 02668. j37TT Al . 4 i 29 Packet Landing West Barnstable, MA 02668 April 25, 1987 Board of Appeals Town of Barnstable Town Office Building Main Street Hyannis, MA 02601 Re: Appeal No. 1987-35 Charles S. Birdsey - 1000 Main St. , W. Barnstable Zoning Board of Appeals Meeting of April 30, 1987 Gentlemen: We request that the Board deny the above-referenced petition. for a special permit for the following reasons: 1. This property was conveyed by the Barnstable Development Trust to Morris Friendson and Anna E. Friendson by deed recorded in Book 1311, Page 510, subject to restrictions. Restriction #3 in said deed explicitly prohibits the use of the premises for any mechanical, manufacturing or mercantile purposes with the . specific exception that an antique business may be conducted thereon. We do not know what the owner has in mind for the dwelling house itself, but Restriction #2 provides that it may only be used as a private residence and not as Ia rooming house, hotel or boarding house with the provisions of Restriction #3 applicable to the house as well. We have enclosed copies of the deed into Friendson :in Book 1.31.1, Page 510, as well as copies of the subsequent deeds from Friend- son to Anderson in Book 1363, Page 444 and the deed into the former owners, Robert E. Kennedy et al in Book 3131, Page 058, wherein the subject property was conveyed subject to all of the original restric- tions . 2 . Implicit in the nature of the proposed business would be additional traffic including boat trailers and trucks, and we feel quite certain that the access to the property that would most often be used would be from Packet Landing, which is a Private Way; the access from Route 6A into the property being a narrow driveway. 3. There is already a small boat storage and repair operation in the immediate neighborhood ( James G. Kittredge, 1040 Main Street ) , and we do not feel there should be another in such close proximity. As an additional note, this use was allowed under the provision that it be screened from view; that condition has, not been adhered to by the owner at all. Boats are visible from the front , side .and back at all times. i _- leil' Meadow. Lane Wt Barnstalbe 02668 . April 20, 1987 Town of Barnst b.1e ` Zoning Board of%0zas1987 Town Hall Hyannis, MA 02601 RE: Appeal 7�-35 Apri n9:87 8:00 ,'; c To Whom It May Concern: APR 2 2 1987 Your publication of the above Appeal, in the Barnstable Patriot, April 16, 1987, should read: SALE & RESTORATION OF ANTIQUE BOATS IN THE BARN AT Map 179, Lot 2, 1000 Main Street, W. Barnstalbe in a Village Business B zoning district. Rather than: "Operate boat repair and construction. Please make this change on your Appeals list, passed out to those present that evening. Thank you, Charles J. Birdsey f From the office of "WAR �ELS1TO & TASSINARI,'!NC:...y ` • REACTORS 102 Route 6A 100 Court Street 696 Plain Street Marshfield, MA 02050 Plymouth, Massachusetts 02360 Sandwich, MA 02563 • (617) 834-4242 (617) 746.8100 (617) 888-6525 Purchase aub �afe reemeu t ' This �� r'r day o1 _ Gs!��.�� 19 _ 1. PARTIES:(fill in) A_,_%' A,!r hereinafter called the SELLER,agrees to SELL and , f ` hereinafter called the BUYER,agrees to BUY,upon the terms hereinafter set forth,the (lowing described miss; 2. DESCRIPTION:(fill in address and title refs c),if avallage) s ,�`(• ,A,a) t, ADDRESS: (©oc3 mat,vY►�•t J TITLE REFERENCES: OTHER DESCRIPTIONf, 1� 3. BUILDINGS,STRUCTURES, IMPROVEMENTS, FIXTURES:(fill in or delete) o- Included in the sale as apart of said premises'are the buildings,structures,ind,improvemerit, ow arson,and the fixtures belonging to the SELLER and used in connection there v�rt with Including,if any,all venetian blinds, ndow shades,screw!!,sc een doors,storm windows and doors, awnings shutters,furnaces, heaters,plumbing and bathroom fixtures;electric and other lighting fxtyrestf mantels, qutslde teleylsign antennas, fences,gates,trees,shrubs, plants,o,and,If built in;air conditioning equipment;ventilators,garbage isp ers,dishwashers,washing machines, \t and driers;and; ' i j �f but excluding; ' 4. TITLE DEED:(fill in)'Include here by specific reference any restrictions,easements,rights and obligations in"party walls not included in b),leases, municipal and other liens,other encumbrances,and make provision to protect SELLER against BUYER'S breach of SELLER'S comrenants in leases, where necessary. + r Said premises are to be conveyed by a good.andsufficient QUITCLAIM deed running to the BUYER,or toihe nomines designated by the BUYER ' by written notice to the SELLER at-least seven days before the deed is to be delivered as herein provided,and sell deed$hall oonvey a good. and clear record and marketable title thereto,free from encumbrances,except = . a)Provisions of existing buildings and zone laws; f off n meet; %� r, b)Existing rights and obligations in party,walls which are not the subjectw 9 c)Such taxes for the.then current year as are not us and payable on the.'date of the delivery of such deed, ,. ' d)Any liens for municipal bettermentI asseswed a Ier jhe date of this agreerii9nt 'a)Other restrictions,easements,a C.• 5. PLANS: If said deed refers to a plan necessary to be recorded therewith,the SELLER shall deliver such plan'wlth the deed In form adequate for recording k or registration. 8. REGISTERED TITLE: + In addition to the foregoing,if the title to said premises is registered,said deed shall be in form.suffictent to entitle the BUYER to a Certificate l`F� t� of Title of said premises,and the SELLER shall deliver with said deed all instruments,if any,necessary.to,enable the BUYER to obtain such Certificate; of Title. i 7. PURCHASE PRICE:(fill in) The,agreed purchase price for said premises is 4 DD a pollars;of which ' $ - ave been paid as a deposit this delay and $ — °mar to be paid by �' _ �r / f� and, are to be paid at the time of delivery'of the deed in cash,or by certified,cashier's,"treasurers of bank check- $ L °�7TA 4 & TIME OF PERFORMANCE;DELIVERY OF DEED:(fill in time for performance and type of deed required)' Such deed is to be delivered at /'449 o'clock M,,on the T-*_'___�fovr' 1y day 4 V Of /�P�./ t9 B'> ,at the a.-,�s�fy.ef�P Registry of Deeds,.. unless otherwise agreed upon In writing. It Is agreed that TIME IS OF TH ESSENCE of this agreement. f 9. POSSESSION and CONDITION OF PREMISES:(attach a list of exceptions,if any) r Full possession of said premises free of all tenants and occupants,except as herein provided,is to be delivered at the time'of tie delivery of the deed,said premises to be then(a)In the same condition as they now are,reasonabia use and wear thereof excepted and(b)In oompllsnce with the provisions of any instrument referred to in clause 4 hereof.The BUYER shall be entitled to an Inspection of said premises'prior tathe delivery i of the deed in order to determine whether the condition thereof complies with the•terms of thi¢clause. -..r. � -. -�+...Z•�-.+.-..�....-.-.--+.,wi..A...`M..a.i,r. ,�.�..��+__ 3 a+w��_...�'��'-4L�..n�r+�rw.�r- _ y..y,�'J...'illi�7i� i�siilWi�ti.vYi•.MM.�i 10. EXTENSION TO PERFECT TITLE OR I 'tE PREMISES CONFORM: (Change period of time ' lesired). If the SELLER shell be unable to give L. it to make conveyance,or to deliver possession of, premises,all as herein stipulated,or It at the, ; time of the deed the premises do not conform with the provisions hereof,then any payments made under this agreement shall be refunded,and all other obligations of the parties hereto shall cease and this agreement shall be void and without recourse to the parties hereto,un R , f E d,011501110NONVP FAi 11. FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM,etc,: �. If at the expiration of theeileatletime,the SELLER shall have failed so to remove any defects in title,deliirer possession,or make the premises conform,as the case may be,all as herein agreed,or if at any time during the period of this agreement or any extension thereof,the holder of a mortgage on said premises shall,refuse to permit the insurance proceeds,if any,to be used for such purposes,then,at.the BUYER's option, I any payments made under this agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this agreement 1 shall be void without recourse to the parties hereto. 12. BUYER'S ELECTION TO ACCEPT TITLE: The BUYER shall have the election,at either the original or any extended time forpertormance,to accept such title as the,SELLER can deliver I to the premises in their then condition and to pay therefore the purchase price without deduction,In which case the SELLER shall convey such l title,except that in the event of such conveyance in accord with the provisions of this clause,if the said premises shall-have been damaged by e fire or casualty insured against,then the SELLER shall,unless the SELLER has previously restored the premises,to their former'condition.either, (a)pay over or assign to the BUYER,on delivery of the deed,all amounts recovered or recoverable on account ofsuch InsurancO,less any amounts s reasonably expended by the SELLER for any partial restoration or , (b)if a holder of a mortgage on said premises shall not permit the insurance proceeds or a pert 1herAof t0 be used to restore the said premises to their former condition or to be so paid over or assigned,give to the BUYER a"credit against the-purehase price,,on delive"the'dead,equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less,any amounts'reasonablyexpended by the SELLER for any partial restoration. i 13. ACCEPTANCE OF DEED:-- -�.-'— i The acceptance of a deed by the BUYER or his nominee as the case maybe,shall be deemed-to.'be$full,performance and discharge of every i agreement and obligation herein contained or xpressed,except such-as.are;-by�the terms here to e rformed.after delivery of said deed. } !� 14. USE OF PURCHASE MONEY TO EAR-TITkEs CL To enable the SELLER to make conveyance as herein provided:the SELLER may at the time of delivery of the deed,use the,purchase money or any portion thereof to clear the title of any or ill encumbrances or interests,provided that all instrum nts so procured are recorded simultaneously lwith the delivery of said deed., 15. INSURANCE: 'Insert amount(list additional types of Insurance and„amounts as agreed) .. i Until the delivery o1 the deed,the SELLER shall maintain insurance on said premises as follows: . ry ' Type of Coverage Amount of Coverage (a)Fire 1 t f SLR PL-� (b)Extended Coverage (c) 1 +� 16. ASS I URANCE:(delete entire clause if insurance 9s not assigned) Unless otherwise notified in writing t least c a u s r n rem doing' "j so by the refusal of the insurance com ved to issue all assign such Insurance and deliver,bindersfherefore if in proper form to the 8 time for performance of this agreement.In the avant of refuse company(s)to issue the same, 4 the S give notice thereof to thQ BUYER.at least two business days before the time for performance of s r ` k 17. ADJUSTMENTS:(list operating expenses,if any,or attach schedule) f Collect rents,mortgage interest, ,`water and sewer use charges,operating expenses S (if any)according to the schedule attached'hereto or set forth below,and taxes for the then current year,shall be apportioned and fuel value shall be adjusted,as of the day of performance of this agreement and the net amount thereof shall be;added to or deducted from,as the case may be,the purchase price payable by the BUYER at the time of delivery of the deed.Uncollected rents for the current'rental period shall;be.apportioned if and when collected by either party. ; ! 18. ADJUSTMENT OF UNASSESSED AND ABATED TAXES: IlI If the amount of said taxes is not known at the time of the delivery of the deed they shall be apportioned on the basis of the taxes Assessed for -l the preceding year,with a reapportionment as soon as the new tax rate and valuation can be ascertained;and if the taxes which are,to be apportioned shall thereafter be reduced by abatement,the amount of such abatement,less the reasonable cost of obtaining the same,shall be apportioned between the parties,provided that neitherparty shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. i 19. BROKER'S FEE:(fill in fee with dollar amount or percentage and co-broker,'.if any); t + , A broker's fee for professional services of '+^- _ is due from the SELLER to BELSITO&TASSINARI,INC.and lyr ± ' (co-broker) ., the Brokers)herein,but it the SELLER pursuant to the terms Alai-go 994iereof r ins'ihe deposits made Areundar by the DYER,said Sro, r(s) 9 shall be entitled to receive from the SELLER an amount equal to one-half the,amount so retained or an amount equal to the-b is fee for professional f services according to this contract,whichever is lesser. . BROKER'S WARRANTY:L20 BELSITO&TASSINARI,INC.and any co-broker named herein warrant(s)that it,or they and its or theirAge►tt;are.dulylicensed bythe Commonwealth of Massachusetts.BELSITO&TASSINARI,INC however are not qualified to detect structural problems or defects`Inreal estate or buildings.BELSITO &TASSINARI,INC.therefore EXPRESSLY 0ISCLAIMS that It has made any representations or warranties conooming the,building not expressly set forth in paragreph.tf28 and suggests tho.BUYER.pontact aqualified expert if he has any questions or troncernsabout the conditton'of fhe building. tea, r_g"r ....coons z � �s �' ° Y 21. DEPOSIT(fill In name of holder of deposit if er than BELSITO &TASSINARI, INC.) M 1 All Joposits made hereunder shall be held by SELSITO&TASSINARI,INC.as agents for the SELLER,unless another agent is set HERE NAMED E (name of alternate holder of deposit). In the event that BELSITO&TASSINARI,INC.is the holder of the deposit Then all interest which accrues on said deposit shall be donated to the Muscular Dystrophy Association.in any event,the holder of said deposit shall duly account for same at the time of the performance of this agreement.With the exception of conveyance,any deposit held hereunder shall be released by Broker only upon a signed release by both SELLER(S) and BUYER'S). I 22. BUYER'S DEFAULT;DAMAGES: If the BUYER shall fall to fulfill the BUYER'agreements herein,all deposits made hereunder by the BUYER shall be retained by the SELLER * as liquidated damages 23. SALE OF :(fill in and attach list or delete entire clause) r� The BUYER agrees to buy from the SELL the a, is on the attached list for the price of$ and the SELLER agrees to deliver to the BUYER u e deed hereunder,a of sale therefore on payment of said price. The provisions of this clause shall agreement separate and apart from the provisions herein wwith respect to the real estate and any breach conditions of this clause shall have no effect on the provisions of this agreement+m"flt�esoecI to t_er al estate. `24. RELEASE BY HUSBAND OR WIFE: The SELLER's spouse hereby agrees to join in said deed and to release and convey all statutory and other rights and interests in said premises. • 25. BROKER AS PARTY: • - •. The broker(s)named herein,joln(s)in this agreement and become(s)a party hereto.insofar as any provisions of this agreement expressly apply to him(them),and to arty amendments or modifications of such provisions to which he(they)agree(s)in writing. 1 2S. LIABILITY OF TRUSTEE,SHAREHOLDER,BENEFICIARY,etc.: --. If the SELLER or BUYER executes thisegreemprit solely in a representative or fiduciary capaCity_9Wy.LhV principal or the estate represented shall F be bound and neither the SELLER or BUYER so executing,nor any shareholder or beneficiary of arty Mist.Ahal`tbe personally liable for any obligation, expressed or implied, hereunder.' I rJ ff j r 2T, NOTICE TO BUYER OF t Aft WHICH MIGHT AFFECT THE BUYER'S COST OF OBTAINiNG�'AHILiITXTO 013TAIN FINANCING OR AFFECT HIS FUTURE USE OF THE PREMISES: The BUYER is hereby advised that many federal,state,and Iocat"1 laws.rtJtes,regulations,and ordinances exist which might affect the BUYER'S cost of any contemptateO-Iinancing;Gf fhe purchase of the property,or which might affect the future use of the properly.Several of same are listed below.The list,however.Is not intended to contain all of the laws which might affect the particular property or transaction.nor will any of the listed laws necessarily be relevant tlrthlstrantuCtlbm The BUYER,therefore..is advised that if he has any-questions concerning the applicability of any federal,state,or local law or ordinance to him or to the property covered by this agreement,he is advised to seek independent legal counsel before executing this agreement. Further, unless the BUYER specifically indicates to the contrary in the space provided in Section 28 below, BUYER acknowledges that no representations have been made to him by either the SELLER or the BROKER(S)as to the applicability of any other federal. state,and local law, regulation or by law/. �^� '-r A.FLOOD PLAIN INSURANCE:(t` the Ifuy�1'seeks to finance the purchase of the property in whole or in part,the tender may require Flood Hazard Insurance as a condition of the mortgage loan,it the lender determines that the premises are in a Hood hazard zone.In the event of such determination by the.lender the buyer agrees tO provide said insutifin&e as required by the lender. , B.HAZARDOUS MATERIAL AND TOXIC+VOSTE: Buyer is hereby advised that�rrsuant to the terms of M.Q.L.chapter 21E the owner of ; real estate may,under certain conditions,be required to pay the cost of removing hazardous or toxic materials from real estate and for damage resulting from the release of same from the owner's property.Accordingly,your lender as a condition of your loan may require that the subject property be professionally tested.If your lender requires such testing in a timely.manner,the SELLER will agree to allow you access to the property to conduct such tests.You the BUYER,however,will be responsible for the costs of such testing.Further it is understood.that unless the SELLER and/or the BROKER($)have agreed to the contrary in writing,the SELLER has made no representation that the property will r necessarily pass any test required by your tender in a manner satisfactory to your lender.Accordingly the BUYER assumes all risk of a negative test and may not use same as an excuse for non-performance of the contract. " G LEAD PAINT OR OTHER LEAD PRODUCTS:BUYER is advised that in some,particularly older homes,apartments.and other residential buildings,It Is possible to find the presence of lead based paint or other lead based products.It such paint is found In a residential premises _•ti where a child under the age of six resides and in which any paint,plaster,or other accessible material contains what is determined to be dangerous levels of lead,the owner is required by law,to remove said paint, plaster,or,material,or to render them inaccessible to a child , .� under the age of six.This law applies to any new owner of real estate regardless of who owned the property at the time that the lead based product was placed on the premises. D.LOCAL ZONING BY-LAM:The BUYER is hereby advised that his rights to either enlarge the existing building or to change,expand, or enlarge the degree or intensity of the use of all or a part of said building or to change,expand.or enlarge the degree or intensity of the usq of all or a part of said building or properly may be affected by local zoning bylaws.Further,unless specifically set forth as a warranty or representation In section 28 below neither the SELLER or the BROKER(S)represent or warrant that the property necessarily compfiest with focal zoning regulations. E.UREA-FORMALDEHYDE FOAM INSULATION:The BUYER acknowledges that he has been advised that Urea Formaldehyde Foam Insulation ' (UFFI)has been declared by the Massachusetts Department of Public Health(DPH)to be a banned,hazardous substance which may cause t personal injury. The BUYER further acknowledges that,under certain circumstances as provided in regulations promulgated by the DPH,he or she may _ be required to remove any UFFI property.Accordingly,the BUYER or his or her attorney should contact the DPH for additional information i about his/her rights and obligations pursuant to said regulations. F.ASBESTOS:The United States Consumer Safety Commission has maintained that asbestos materials are hazardous if they release fibers which can be Inhaled.Asbestos is a Common insulation material on heating pipes,boilers and furnaces,Accordingly,the BUYER is advised• to have the property professionally inspected to determine if asbestos is present and if its condition or placement rrra r is moval.It re Ism ul r deal red,it should be done professionally in accordance with proper safety guidelines. eL. - Q,SELLER to nstalt moke de actors according to local fire codes and shall have said smoke detectors Inspected by a local fire official prior to conveyance and shall produce a valid permit at conveyance. H. OTHER: act. 1A0111RANTIES AND REPRESENTATION(' 11n);If none,state"none";If any listed,indicate by• •n each warranty or representation was made. • The BUYER acknowledges that the BUY".has not been Influenced to enter Into this transadlon.--A HAS HE RELIED UPON ANY VARRAHTIZS OR REPRESENTATIONS concerning the condition of the property,the applicability of any federal,state,or local laws,regulations,or ordinances, or of the profitability or tax consequences of the proposed transaction not set forth or incorporated in this agreement or previously made in writing, EXCEPT FOR THE FOLLOWING ADDITIONAL WARRANTIES AND REPRESENTATIONS,If arty,made!tYY either the SELLER orthe BROKER(S): .; �: . 2a.CONSTRUCTION OF AGREEMENT 'delete"triplicate' and substitute "quadruplicate" If required., ` This instrument,executed In triplicate" Is to be construed as a Massachusetts Contract,is to take effect as a sealed instrument,sets forth the entire contract between the parties,isbinding upon and enuies to the benefit of the parties hereto and their respective heirs,devisees,v=Aors,administrators,successors and assigns,and may be carxxUed,modified or amended only by a written Instrument executed by both the SELLER and the BUYER.If two or more persons are named herein as BUYER,their obligations hereunder;tftnU be joint and several.The captions and marginal notes are used only as a matter of convenience and are riot to be considered a pan of this'agreement a or to be used in determining the Intent of the parties to it. 3(L BUYER'S RIGHT TO INSPECT PREMISES: •' i" A. CHECK IN APPROPRIATE PLACES ALL AREAS WITHIN THE SCOPE OF THE AGREED UPON INSPECTION:'This-Agreement Is . subject tot right of the BUYER to obtain,'at his own expense,an inspection of the premiaos to determine: } I it the premises are structurally sound; if the septic system 13 In reasonably good working order; if the heating,plumbing,and wiring is in reasonably good working condition; ' to test for the presence of wood boring insects or for evidence of past lnfasfMlons of same which would Indicate a raesonable likelihood t that the premises might be subject to future infestation; . _ Y4 other cxmdrtions b be inspected,(auctt lead paint as4e;;tos. I .Preli 1 Wtorhazardous . )' FlLL In or UNDFA61hEand'check '� �� � Mt- 4 } ' by professional consultant(s)of his oyrn•Choosing n ten( )days attadthe parties'execution of this Purchase.and Sale Agreement or Wfttdri ' ten(10)days after the date of the pirtlos'execution of an Oifer to Purchase granting to the BU1 I suchilghl of inspection,whichever date is " j earlier,and which ten days period,it'ls agreed,expires on the date herein`set.forth.The BUYEB•and.kfrs professional consultangs)shall have the right of access to the promises it reasonable ties and in the presence of the,SELLER,upon twenty-four(24)hours advance notice,.for purposes of inspecting the condition of said premises.if delett¢in the premises are dliclosed by the profesalor al consultant(In.writing)as a result'of such inspection,this Agreement magi be terminated wittiout legal or.equitabl0 Yecoc(rse to either party by the BUYER at his election,the,pnrtles thereby releasing each other from all liability under the Agreement,tind,the deposit shall be returned to'the BUYER,provided,however,that the buyer "I have notified the SELLER Ai19. th BROKEPI(S),in writing,on or before Me expiration date herein fter!spectfied of his intention to so terminate;' failure to so notify will not excuse the BUYER from performance hereunder,and provided further thatif the roasonable cost of corlecting said defects does not exceed S2Athe SELLER'shall have the right,at his election,to correct said defects prb�to the date of the delivery of the deed,in 00,' ti. which event this Agreement shall remain In full force and effect.In the event the BUYER does not sled to have such Inspection or to so terminate,• within ten(10)days the SELLER and the BROKER(S)am hereby released from liability relating to defects In the premises which the BUYER or,.' BUYER'S professional consultant(a)could n h n expected to discover.It is agreed that the ten(10)day period granted to the BUYER for home inspection shall expire on a BUYER acknowledges that he has not retied upon any warrenties or representations not incorporated in the Agreement,ecept for t to additional warranties and representations,ff any,made by either the SELLER or the BROKER. t' I c (if nonk I. e.state"none',if arty ll t 'nndicele by whom the warranty or representation was made) i 31. MORTGAGE CONTINGENCY: Subject to the BUYERf�ot�alning q moitgag/e oommltment in the amount of S ` s The BUYER'obligations to perform under thisi agreemed are subject to the BUYFR's obtaining,with the exercise of due diligence and the aid of the �f recognized lending Institution at pmvWling lny�rest'ptes WITHIN C,DAYS ad the execution of.this agreement.BUYER,however,to be relieved,, r of his obligations under the terms of this clause must'hotlfq.thb SELLER and the BROKER in writing delivered or mailed within 24 hours of the expiration,;' of the contingency period.Said notice,to be effective,must specifically notify the SELLER of the BUYER's election to terminate this agreement and } must specifically set forth the lending institution(s)which declined to extend a firm commitment and the date on which the BUYER commenced each and every mortgage application on which the BUYER relies to establish that he used diligent efforts to secure a mortgage commitment.If the SELLER fails to notify the BUYER within ten days of SELLER'S receipt of BUYERSs notice of election W terminate that the SELLER disputes either the timeliness f of the notice,the specificity of the notice,or that the BUYER used diligent efforts to obtain a commitment,then•the Deposit shall be.tetunted to the d BUYER and this agreement shall terminate..without further recourse to the parties.'-`- 32. SELLER agrees to provide for BUYER at closing the ERA Buyer Protection at a cost ofArn gn " 33 OTHER ADJUSTMENTS:The initialed riders it any, attach hereto or nit be are Incorporated by reference.. 34. ADDITIONAL PROVISIONS: This agreement is.subject,where indicated,to the following additional provisions: l' SELLER • BUYER BUYER . • Ifli.3.�-�i, l Il � 1 LL.aL��JYl,.ni��� �- ' BROKER(S) t r CO-BROKER(If, LAAz6At, . yeti �. i • BELSITO & TASSINARI INC. Ufa ZL _le C Coe b 100 COURT STREET• PLYMOUTH, MA 02360.617-746-8100 102 ROUTE 6A•SANDWICH, MA 02563 . 617-888-6525 696 PLAIN STREET•MARSHFIELD, MA 02050.617-834-4242 - • '�131L "c 510 94 z ,' ews.oNeerr.ovnoaa�«eona�..owr�.lS� ' I, FRANCIS L. Van BUSKIRK, TRUSTEE of BARNSTABLE.DEVELopmENT TRUST, under $< I a Declaration of Trust dated September 9, %960, recorded with Barnstable I County Registry of Deeds in Book 1087, Page 591. and FRANCIS L. Van C .' BUSKIRK and KATHLEEN Van BUSKIRK, husband and wife, both , a of Orleans, Barnstable Count),,Matsscbwetm . f ituxiCanueviur�fox,.n Wexukn paid,grit to MORRIS FRIENDSON and ANNA E. FRIENDSON, M j husband and wife, as tenants by the entirety, both • ti j; j of 1745 Commonwealth Ave., Boston •; •. �: �:I (Brighton), Suffolk County, Massachusetts, with quHclalm easensufs abodastt:btx a certain parcel of land' together with an buildings thereon '' t P x g Y g ,situated in Barnstable (West), Barnstable County, Massachusetts, bounded t t and described as follows: SOUTHWESTERLY by the State Highway as shown on hereinafter mentioned i plan, one hundred nineteen and 69/100 (119.69) feet; NORTHWESTERLY sixty-six and 08/100 (66.08) feet, one hundred and 94/100 (100.94) feet, and one hundred three and 98/100 (103.98) feet, all by land of Walter Grey- ( mont as shown on said plan; NORTHEASTERLY by Lot 11 as shown on said plan, one hundred thirty- seven and 47/100 (137.47) feet; w - SOUTHEASTERLY by a 4O' Way as shown on said plan, one hundred ninety-nine and 13/100 (199.13) feet; and a SOUTHERLY by an are at the intersection of said 40' Way and '. State Highway as shuwn on said plan, there it '• measuring forty-one and 75/100 (41.75) feet. ` Containing 33,800 square feet more or less, and being LOT 10 . as shown on plan entitled "Subdivision Plan of Land in West Barnstable r !y Mass. For Barnstable Development Trust Scale 1" s 100 ' January N 1963 David H. Greene Surveyor Hyannis, Ness.", which Bald plan is t; duly recorded with Barnstable County Registry of Deeds, Plan Book • 177, Page 43. :y Together with a right of way as apppurtenant to the above described 3j lot over the ways as shown on said plan in common with others who are now or may hereafter be entitled thereto. Reserving a right of way over so much of said lot as by implication I a of law lice within the limits of any way as shown on said plan; reserving 5 also the right to grant easements to public service corporations for the installation and maintenance of public utilities in, over, under and ., upon any private way as shown on said plan. The above described premises are conveyed subject to the following restrictions, which are appurtenant to the remaining land of the grantors (and to which the grantees by the acceptance-of this deed agree to conform): 1. No buildings or other structures shall be erected, placed or maintained on the granted premises including additions thereto, before plans and specifications for the same shall have beeneubmitted to the Trustee of Barnstable Development Trust, or his successors in title, and approved by him in writing, said approval to be given provided the r `F size of the buildings and the type of architecture of the same shall conform with the general size and architecture of the majority of the buildings•vithin the subdivision. i (sfaei.tdtrl—joist Twm—Ta wu is Coma=_Twata b7 as SOL-q.) ' : KA.. f2. No buildings erected, placed or maintained on said premises t: shall be used for an y purpose other than those of • private residence or wq `� private garage and in no event as a hotel, rooming house or boarding house.with the exception that an sntiaw shop business say be conducted on.the preaieee. S. No part of the granted'premisse shall be used for any mechani- s;, r cal, manufacturing or mercantile purposes, or for any other purpose which r might be or become offensive to the neighborhood as a residential district _ and no business trade or calla, ng shall be conducted for profit thereon other than the practice of a profession. with the exception that an antique a� business may be conducted on the premises. ' Y 4. The exterior of any building shall be finished and completed within six (6) months after the commencement thereof. "''/ S.F An g placed or maintained on the granted y building erected premises.shall meet the following requirements: A. It shall together with any garage, be set back at least r twenty-five (25) feet from the front line or street line of the granted premises and from each sideline thereof; . 1 ' but two or more lotsin combination as a building site shall. yi. ?. be treated as one for the purpose of determining said setback. i ... �.. , B. Not more than one dwelling shall be erected on any one lot or building site nor be used, designed or adapted For more than one family and shall not exceed one and one-half stories in. :.%•, .: height except by written permission of the said Trustee of Tz:;•_ 'rh: 1 Barnstable Development Trust or his successors in title; F� however, accessory buildings ouch as garage for the immediate use of the -family occupying the dwelling shall be permitted. C. All buildings shall be erected on poured cement or cement block foundations. n 6. The Grantees, their heirs, devisees or successors in title, 11 shall not sell or convey or lease for more than one year the granted :� :• premises without first offering in writing to sell, convey or lease . the same, as the case may be, to the said Trustee, or his successors in title, for the price offered b c1: y the prospective purchaser or leeaee, . xe^ disclosing the name of said purchaser or lessee; said offer shell be by instrument in writing and the said Trustee or his successors in '. t tle shall have fourteen (14) days within which to accept or reject said offer and, if at the expiration of fourteen (14) days, the said Trustee or his successors in title, have failed or neglected to accept or reject said offer, then. in that event, the Grantees or their sue- M .• cesecra'in title shall be entitled to make such conveyance or lease. This restriction shall not apply to a sale under a power of sale in any mortgage. 7. The foregoing restrictions. conditions, provisions and reser- g vations shall remain in full force and effect until the year 2000 A.D. or until the expiration of twenty-one (21) years after the death of the last surviving original Grantor, either an individual or Trustee. ' :rr ' S. These restrictions may be modified in writing by.the said Trustee of Barnstable Development Trust or his successors in title in r their discretion, but failure to give such written modification or violation of the foregoing restrictions by any lot owner, shall not Impose any legal liability whatsoever on the Grantor or successor in title. 9. Said premises are conveyed subject to the toning and building* laws of the Town of Barnstable. For title, see deed of Francis L. Van Buskirk at ux to Francis L. Van Buskirk, Trustee, dated May 2, 1961, recorded with said Deeds, Book 1111, page 59. ° � Z j,;�.; r �' 111 `• `. ' ,.a ., j eoo•1311 ►uE R2 We,Francis L. Van Buskirk and Kathleen Van Buskirk, h" of rid gmtotq, Kathleen Van Buskirk and Francis L. Van Buskirk; �.• a to said grata an dghb of do '6oeaette d and other inteteut therein. day of.. _•.t9..ii5 ' ignrr....nut......b.ads and KsL tsta._..•..�.�._ _. � . TEE of arnstable evelopaten rust- . ••... ....w - ���. . .cane �► uri' ,: <i lathleaa Van Buskirk H Qotassrstttt* of JOBS 1 13 44' 1965 -- s ;`l.. larnatabla, IL , •° ram y�,ed the sb"trmed Francis L. Van Buskirk, Trustee y � = is aforesaid, '~ r•� imnumaie is bs his to net beE m/e,�' `1.��'t.,,t�..•f;. ; ttr/a kdd°d "g env ,A a RI •nu• '•, kfCO SEP 14 1965 mo RE cgm �'. ® LIM• Taos l 'S east 444 05434 1 i we, Morris Priendson and Anna S. priendson, as tenants by the I %' entirety, both t I jof West Barnstable, Barnstable Couaq.Musadiu+etb. y.. 41ie f married,for considttation paid,scant to i!Jalatar F.Anderson and .1enic F.Anderson(wife) I Berry Toad.Cedarvillc,:.assachusetts as tenants by the entirety of j with quticlalm cinsroantsa certain parcel of land, together with any buildings :. hteretonn. situatedounded in'Barnsbeds la ((West), Barnstable County, Massachusetts, 3ftre c 5;:• ! ipersyw,tao�atstaaYatawcsntelX t > f SOUTHWESTERLY by the State Highway as shown on hereinafter mentioned plan, one hundred nineteen and 69/100 (119.69) t feet: I NORTHWESTERLY sixty-six and' 08/100 (66.08) feet, one hundred and 94/100 (100.94) 'feet, and one hundred three and TI 98/100 (103.98) feet, all by land of Walter Grey- mont as shown on said plans 1 t NORTHEASTERLY by Lot 11 as shown on said plan, one hundred thirty- t ) t seven and 47/100 (137.47) foots { t SOUTHEASTERLY by a 40' Way as shown on said plan, one hundred ninety-nine and 13/100 (199.13) foots and SOUTHERLY by an arc at the intersection of said 40' Way and State Highway as shown on said plan, there measuring forty-one and 75/100 (41.75) feet. Containing 38.800 square feet, more or less, and being LOT 10 ; as shown on plan entitled "Subdivision Plan of Land in West Barnstable + Hasa. For Barnstable Development Trust Scale 1" - 100' January 1963,David H. Greene,surveyor, Hyannis. Mass.", which said plan is duly recorded with Barnstable County Registry of Deeds. Plan Hook ";- 177, Page 43. I Together with a right of way as appurtenant to the above described ;. . lot over the ways as shown on said plan in common with others who are t now or may hereafter be entitled thereto. Reserving a right of way over so much of said lot as by implication of law lies within the limits of any way as shown on said plan: reserving also the right to grant easements to public service corporations for the installation and maintenance of public utilities in, over, under and •>� upon any private way as shown on siad plan. "' The above described premises are conveyed subject to the following restrictions, which are appurtenant to the remaining land of the grantors }} ' .(and to which the grantees by the acceptance of this deod agree to €•..�L I. conforms " 1. No buildings or other structures @hall be erected, placed or maintained on the granted premises including additions thereto, before plans and specifications for the same Shall have been submitted to the Trustee of Barnstable Development Trust, or his successor* in title, and approved by him in writing, said approval to be given provided the s-s site of the buildings and the type of architecture of the same shall rJ j conform with the general site and architecture of the majority of the '. buildings within the subdivision. I 2. No buildings erected, placed or maintained on said promises d ; shall be used for any purpose other than those of a private residence or private garage and in no event as a hotel, rooming house or boarding house, with the exception that an antique shop business may be conducted on the premises. 3. No part of the granted promises-shall be used for any mechani- cal. manufacturing or mercantile purposes, or for any other purpdee which i ` might be or become offensive to the neighborhood as a residential district other than the practice of a profession, with the exception that an ;s- '• antique business may be conducted on the premises. �: ' 4. The exterior of any building shall be finished and completed within six (6) months after the commencement thereof. ' 5. An;��" �.R':�• �, y building erected, placed or maintained on the granted premises shall meet the following requirementes • '� Y' ' A. it -hall, together with any garage, be mot back at least twenty-five (25) feat from the front line or street line of the granted premises and from each sideline thereoft j but two or more lots in combination as a building site shall 1 be treated as one for the purpose of determining said setback. ' r��"y ;:•, B. Not more than one dwelling shall be erected on any one lot or 1 .., :. building site nor be used, designed or adapted for more than one family and shall not exceed one and one-half stories in ;: •> �, height except by written parmiseion of the said Trustee of .r!." Barnstable Development Trust or his successors in titles ; ry; heaver, accessory buildings such as garage for the immadiate ;'•:: y use of the family occupying the dwelling shall be permitted. ^� C. All buildings shall be erected on poured cement or cement E +; block foundations. I 6. The Grantees, their hairs, devisees or successors in title, ! ! shall not sell or convey or lease for more than one year the granted �:; • premises without first offering in writing to sell. convey or lease {; the same, as the case may be, to the said Trustee. or his successors In title, for the rice offered b the P y prospective purchaser or loaase, t -c disclosing the name of said purchaser or lesseat said offer shall be 1; e; by instrument in writing and the said Trustee or his successors in title shall have fourteen (14) days within which to accept or reject said offer and, if at the expiration of fourteen (14) days, the said P' y !i Trustee or his successors in title have failed or neglected to accept 1 or reject said offer, then, in that event, the Grantees or their suc- ceasors in title shall be entitled to make such conveyance or lease. This restriction shall not apply to a sale under a power of sale in i any mortgage. 7. The foregoing restrictions, conditions, provisions and reser- vations shall remain in full force and effect until the year 2000 A.D. or until the expiration of twenty-one (21) years after the death of the last surviving original Grantor, either an individual or Trustee. (1 b. These restrictions may be modified in writing by the said l ' ! Trustee of Barnstable Development Trust or his successors in title in their discretion, but failure to give such written modification or ,c ' violation of the foregoing restrictions by any lot owner, shall not ; impose any legal liability whatsoever on the Grantor or successor in title. 9. Said promises are conveyed subject to the zoning and building P laws of the Town of Barnstable. i For title, Bee deed of Francis L. Van Buskirk., trustee of ` Barnstable Development Trust to Grantors named hereinabove, dated September 13, 1965, an4 recorded with Barnstable County Registry of p;,• +. ! Deeds, at book 1311, page 510. `. �`L1DOo000 x. eoa1363 PkA ,�,�• I it •, , i a. 5=1363 rut 44G (see attached addenda) Kkxd&VQdm a;. i Mums_9.U-.C—.hazmp tad led•tbla.......16t1f 67 00 4 . 1 j . ... •i •sue r i • Sir cQooman>nrattq et �utracpaun. '•'i• sin A ril 16 1967 `a p •� � ", Then personally oppealed the above ayged.11orri� ;riendeon and Anna E. Priendsoa 'lb.�• ,ad acknowledged thc./orcaoin6 kauument to be their• Iree act and deed,before me uj 3 w,c...w.., . 9 I r ;. y/ �•!. :.�:J .�. tic •(� ri -•- .• ,i O , / •, '' C. :il:: ::73 :i::; ' .. i 323541. ^ julQ�APR21 A'�a7•'�" ' /;_ . ' eo0001 mt 058 V379 I, BARBAM WELLS of 1000 Route 6A, Barnstable (West), Barnstable County, Massachusetts, for consideration paid in the amount of i �1 ONE HUNDRED FIFTEEN THOUSAND AND 00/100 ($115,000.00) DOLLARS, c' l� grant to R03ERT E. KENNEDY, JOSEPH A. KENNEDY, EDWARD J. KENNEDY, ?! and EDWARD J. SCHANK, all of 38 Joy Street, Boston, Massachusetts, 1, Co-Partners doing business as a partnership under the firm, name and style of The White Elephant Group, as tenants in Partnership, with QUITCLAIM COVENANTS, the land, together with the buildings thereon, situate in Barnstable ' •(weal), Barnstable County, Massachusetts, bounded and described as follows: j OSOUTHWESTERLY by the State Highway as 'ehown on hereinafter mentioned plan, One hundred nineteen and 69/100 (119.69) feats c. n.7 NORTHWESTERLY Sixty-six and 08/100 (66.08) feet, One hundred N and 94/tOO (100.94) feet, and One hundred three �( M and 98/100 (103.98) feet, all by land of Walter i` Greymont as shown on said plant ". NORTHEASTERLY by Lot 11 as shown on said plan, One hundred .cz :' ' ' 4 ' • thirty-seven and 47/100 (137.47) featT SOUTHEASTERLY by a 40' Way as shown on said plan, One hundred, ; .,. \ ninety-nine and 13/100 (199.13) feats and `- ;�c•- ','•r�' SOUTHEPS.Y by an arc at the intersection of said plan, " there measuring Forty-one and 75/100 (41.75) feet. •a =•. �.. '.r.?I�'•�a.; t. Containing 38,800 square feet, more or lose, and being LOT IO as •� ..�.:•.�. , shown on plan entitled "Subdivision Plan of Land in West Barnstable, Mass, for Barnstable Development Trust Scale 1" - 100' January 1963, ,+p •,•2.,.��' David H. Greene. Surveyor, Hyannis, Mass.", which said plan is duly "t"- =;..t recorded with Barnstable County Registry Ra ist of Deeds Plan Book 177, � .�.• ,• Page 43. Together with a right of way as appurtenant to the above described lot over the ways as shown on said plan in common with others who are now or may hereafter be entitled thereto. ..� ..:rna.t;•..;. Reserving a right of way over so much of said lot as by implication •� r��>2.�r;Y;,�. of law lies within the limits of any way as shown on said plank !� reserving also the right to grant easements to public service •corpora- ` tions for the installation and maintenance of public utilities in, over, under.and upon anyprivate way as shown on said plan. Y .in .. The above described premises are conveyed subject to the restrictions �I contained in deed from Morrie Friendeon at ux to Hjalmar P. Andersontt; �.=s 1 et ux dated April 16, 1967 and recorded with Barnstable County Registry of Deeda in Book 1363, Page 444. <d. . . For my title, see deed duly recorded with Barnstable County Registry 1 of Deeds in Book 1992, Page 346. WITNESS my hand and seal this 31 1� da o! sJ Y 1980. �L:r,,vxLs" COMMONWI` f MASSACHI)HTTS ^A �•� \ �L(� i. �' _c'S?' ` lip :ISL Barbara wells 6 2. 2 0 1 ►111�3t cc\I/ �' .IS• w A; ,•�.,. 'i i mz 131P►cE COt4$0NWEALTH OF MASSACHUSETTS Barnstable r=•' 1 r as f 1980 Then personally appeared the above-named Barbara wells and acknowledged the foregoing instrument to be her free act and deed, before me, > f to yy commission. expiresf Notary Public ^ % c •,lo a �..fj``` .. 1 ;wM • . try , ' - 1 • I M JUL 3180 I Official Website of The Town of Barnstable - Property Lookup Page:,I b* 5 Select Language Assessing Division Property Lookup Results - 2017 367 Main Street,Hyannis,MA.02601 «BACK TO SEARCH<< Q;Print Friendly Owner Information-Map/Block/Lot:179/002/-Use Code:1010 Owner Owner Name as of 1/1/16 1000 MAIN LLC Map/BlockiLot G/S MAPS :J PO BOX 125 179/002/ Property Address BARNSTABLE,MA.02630 / 1000 MAIN ST./RTE 6A(W.BARN.) r Co-Owner Name 1 Village:West Barnstable Town Sewer At'Address:No GI RF alue:SPLIT WBVBD;RF Assessed Values 2017-Map/Block/Lot:1791002/ Use Code:10 2017 Appraised Value 2017 Assessed ValuePast Comparisons Building $198,900 $198,900 Year Assessed Value Value: Extra $44,100 $44,100 2016-$532,500 Features: 2015-$461,200 2014-$462,200 2013-$472,800 — Outbuildings:$63,300 $63,300 2012-$483,200 2011-$463,800 Land Value: $228,900 $228,900 2010-$465,800 v (> 2009-$434,300011 f i � 2017 Totals $535,200 $535,200 2008-$439,900 U 2007-$439,900 Tax Information 2017-Map/Block/Lot:179 1 002/-Use Code:1010 Taxes W.Barnstable FD Tax $0 (Commercial) Fiscal Year 2017 TAX RATES HERE W.Barnstable FD Tax(Residential)$ 1,445.04 Community Preservation Act Tax $153.17 Town Tax(Commercial) $0 Town Tax(Residential) us/Assessin//www,towpofbamstable.httP: ropertydisplayscreenI7.asp?ap... 7/21/2017 �P r Official Website of The Town of Barnstable - Property Lookup Page 2 of 5- 5,105.81 6,704.02 Sales History-Map/Block/Lot:179/0021-Use Code:1010 History: Owner: Sale Date Book/Page: Sale Price: 1000 MAIN LLC 2013-12-11 27876/218 $540000 PACKET LANDING LLC 2007-08-21 22277/102 $1 BIRDSEY,CHARLES J&BIRDSEY,BARBARA T1987-06-15 5757/268 $360000 AUCLAIR,L RICHARD 1986-03-15 4959/238 $1 KENNEDY,ROBERT E ET AL 1980-07-31 3131/58 $0 Photos 179/002/-Use Code:1010 Sketches-Map/Block/Lot:179 1 0021-Use Code:1010 6' 10'> AS Burt Cards:Click card#to view:Card#1 Constructions Details-Map/Block/Lot:179 1 002/-Use Code:1010 Building Details Land Building value $198,900 Bedrooms 2 Bedro(alfLot USE CODE 1010 Replacement Cost $248,611 Bathrooms 2 Full-0 Size Model Residential Total Rooms 6 Appraised $228,900 Value Style Conventional Heat Fuel Oil Assessed $ Value 228,900 Grade Average Heat Type Hot Water Plus Year Built 1900 AC Type None ,http://www.townofbamstable.us/Assessing/propertydisplayscre6nl 7.asp?ap... 7/21/2017 Official Website of The Town of Barnstable - Property Lookup Page 3 of 5 Effective 20 interior Floors Pine/Soft Wood depreciation Stories 2 Stories Interior Walls Plastered Living Area sq/ft 2,399 Exterior Walls Wood Shingle Gross Area sq/ft 4,331 Roof Gable/Hip Structure Roof Cover Asph/F GIs/Cmp Outbuildings&Extra Features-Map/Block/Lot:179/002/-Use Code:1010 Code Description Units/SQ ft Appraised Value Assessed Value FPL2 Fireplace 1.5 1 $4,500 $4,500 stories FGR2 Garage-Avg-Wd 615 $15,900 $15,900 Shingle !i_ BRN3 Barn w loft 1353 $34,000 $34,000 FGR2 Garage-Avg-Wd 420 $10,800 $10,800 Shingle WDCK Wood Decking 160 $2,600 $2,600 w/railings FOP Open Porch-roof- 490 $14,500 $14,500 ceiling BMT Basement- 1192 $25,100 $25,100 Unfinished Sketch Legend Property Sketch Legend 82N Bam-any 2nd story area FPC Open Porch Concrete Floor REF Reference Only BAS First Floor,Living Area FTS Third Story Living Area(Finished) SOL. Solarium BMT Basement Area(Unfinished)FUS Second Story Living Area SPE .Pool Enclosure (Finished) BRN Barn GAR Garage TQS Three Quarters Story(Finished) CAN Canopy GAZ Gazebo UAT Attic Area(Unfinished) CLP Loading Platform GRN Greenhouse UHS Half Story(Unfinished) FAT Attic Area(Finished) GXT Garage Extension Front UST Utility Area(Unfinished) FCP Carport KEN Kennel UTQ Three Quarters Story (Unfinished) FEP Enclosed Porch MZ1 Mezzanine,Unfinished UUA Unfinished Utility Attic FHS Half Story(Finished) PRG Pergola UUS Full Upper 2nd Story (Unfinished) FOP Open or Screened in Porch PRT Portico WDK Wood Deck PTO Patio http://www.townofbamstable.us/Assessing/t)ropertydisplayscreenf 7.asp?ap... 7/21/2017 Message Page 1 of 1 Anderson, Robin To: Roma, Paul Subject: 1000 Main St, WB Peter Sundelin called concerning the listing of 1000 Main St, WB. He said its a SF with a garage that previously was used for boat building. We are aware that the listing identifies 3 DU and a garage. Mr Sundelin disagrees with 2 DU and a garage. It's in the MMVD. He was asking for a meeting with you. I explained that you are retiring on Thursday but I would ask you for confirmation on your determination. I suggested that he may want to meet with the next BC once he is identified and activity working. Mr. Sundelin 508-362-6873. dZgbinc Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis, MA 026oi 5o8-862-4027 i 7/3/2017 L '• June 20, 2007 20a1 aU 20 IT 51 ATTN: Building Commissioner Tom Perry 01V Town of Barnstable 200 Main Street Hyannis, MA 02601 RE: Purchasing 1000 Main Street,West Barnstable Dear Mr. Perry: About three months ago,Tara Schiffmann,from Bayview Real Estate, called me regarding a listing she had that she thought might work for me,for my business. I went and looked at the property with her and told her that I liked the property but, I was not sure if it would work as far as zoning went. Regardless, I made an offer contingent on me getting approved for zoning.At,that time, I went to the town hall to speak to you to see if zoning would work for me to run my business at that property.When I asked the girl at the counter to speak with you she told me you were too busy.At that time, I told her that I had the property under agreement and I didn't want to pay for a home inspection if zoning was not going to allow me to have my business thee. I came in a few days later,again,asking to speak to you and at the time you were down at the end of the hall,when the girl came down asking you tQ speak to me regarding this issue;you again said that you couldn't speak to me at this time. I left once again only to return a few days later,trying to speak to you again. Once again, I was told you couldn't speak to me at this time. I called the Building Department on two separate occasions asking to speak to you and both times I got your voicemail. I left messages asking you to return my call to no avail. I proceeded to go through the proper channels with Site Plan Review.While reading the procedure, I believe the second or third step is to talk to the building commissioner. Again, I had no luck. I submitted my application only to have it rejected because I had no engineered drawings. I was told if I wanted to pursue this application that I would have to have engineered drawings.At that time, I hired an engineer to do the drawings at 1000 Main Street. I then submitted the drawings with the application once again. I was then told that I would have to have all the vehicles put on the drawings.After doing that, I submitted the application one more time,and.spoke to Ellen from Site Plan Review.At that time, I asked her if she knew where I fell on the agenda,as I was bringing my attorney and did not want to pay him to be there right from the beginning if I was going to be towards the end of the agenda.At that time,she told me that I might not want to waste any more money on an attorney and that she would try to get back to me later that day. I never heard back from Ellen,so I showed up at Site Plan Review with my attorney. It seems to me after the comment about wasting money on the attorney that everybody's /y� minds were already made up. In summery Tom, being a tax paying citizen of Barnstable, I believe I should get the same respect as any other town resident trying to purchpse a commercial property. I will have to live with the towns decision as far as the property goes. However, I have spent thousands of dollars( home inspection,attorney fees, and engineered drawings)trying to pursue this property that could have been avoided if you had given me five minutes of your time early on in the process. The sellers, Barbara and Charles Birdsey,took this property off the market in hopes that the sale would not be an issue.Therefore,they have suffered the b I I�_ A consequence of the property being off the market for three months. I have been nothing but polite and forthcoming through this whole procedure. I believe I deserve the same in return. Sincerely, ed Hitchcock 791 m2s-�" -v- ----"- - � St' � nt) ryv UcJ ta Iq l It ri\��\s �}�•:�� �J�i! '�.}��.,'`fit '�.�: `�� "�' l .."�4�`.1 � :�'�_tiV � �`l u�,.�`,. �..V l_? t`.�:..... �.J `�\� ,-`�• t....l:}-_l - E f } (`.\.}ti�_ ..St�� ` �j 1 1 u"�r.c ..I�} �.l tC`.1 ,) r;.},;(-•��•-�;yr-'��1! c��,3., `;"�, �_�J R,� _.�,�'\l�,� i��`�_}3'�.*:. •:..r.`�'� �l •\�I�t.)• ��,^� 1 `+.1- a�V�,t�C,l�wj Y"'1 r.fi t`���`�'�;J,{w.�' �:"l �J. �. s! 1 �'��"�''� � �L.R - �-- -r..'l��y� �...�„�� it,��E �b t \ ' �,i ��� ! � � ('� ;i•`�i`r ��`�,/�r�, t�\ �j r V OLD 1UNG'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE MINUTES MEETING NOV,MBER a9,1996 CONTINUED 7:50 P.M.Charles&Barbara Birdsev, 1000 Main Street.Map#179&Parcel 002 West Barnstable- Repaint Existing Sign. Charles Birdsey was present for the hearing. His project was is to change the colors of an existing original sign. Mr.Birdsey said that the sign was previously red,blue,and green. P. Freeman questioned whether or not the sign had been previously approved or if the sign was pre- existent. He added that the sign was probably oversized, and verbiage is to busy. P. Freeman said one of the objectives of the Historic District was regulate signage. He felt the multiple colors contributed to an already busy sign. (verbiage) After much discussion Mr. Birdsey said he would accept whatever color the committee decided upon. T. Savage said she was opposed to putting up red signs in the Old Kings Highway,and agrees with the chairman. D. Babbitt noted that when there is a change on an existing sign;it(sign)would then have to conform to the square footage size of 6'. P. Freeman said that Mr. Birdsey could keep the sign as it is; although, if he_wanted any changes they have to be what the committee recommends. P. Freeman said as far as legal authority, and the Town's zoning was concerned; if they had a signed permit or otherwise grandfathered, there is no problem with color change. D. Babbitt said he wants to see it all the same coloring. Mr.Birdsey said the sign could painted black. P. Freeman asked if the applicant would mind if the letters one thousand were removed because if you have the numbers then why would you need the letters. cluttered. The committee reviewed the plans,and their findings were as follows: 1)The replete verbiage of the sign. 2)The fact that the sign was oversized of the sign. 8)The multiple colors the numbers should all be black. 4)Keep the numbers 1000,and get removal of the words one thousand. T. Savage noted that to spell the.words loon is a very very old way of doing things, and in the sense of Old King's Highway it didn't bother her. So,either"the numbers"or the words"one thousand"was fine. A MOTION was duly made by T. Savage that the OKH Committee approve the Certificate of Appropriateness as modified with the modification that the words one thousand be removed, and . that all letters be painted black. The above motion did not carry, and as a result further discussion ensued. P. Freeman said maybe it would be more aesthetically balanced to delete the numbers instead of the words"one thousand'. An AMENDED MOTION was duly made by P. Freeman and seconded by D. Babbitt that the OKH Committee approve the Certificate of Appropriateness as modified with the modification that the numerals 1000 be removed, and that the sign letters be painted black. So Voted Unanimously. ,!f . L L ` p TABLE. Zoning Board of Appeals '87 fiAy 13 Ph 3 51 L. Richard Auclair Deed duly recorded in the ............................................:......... ................................................................................................ ...... .. Property Owner County Registry of Deeds in hook .............................. Charles S. Birdsey u . . ........ 'D .--- wc� ................_....... ................................................. . �., Petitioner ' { District of the Land Court Certificate No. b� AppealNo. ..................1987-35................................ ............................... .. .................. ... ......... .. 19. Vse � FACTS and DECISION � 6 Petitioner ................Charle.s...S.•....Birdsey.............................................. filed petition on ................................................ 19 1000 Main Street the pillage requesting a variance-permit for premises at. ............._................................................................................................ i:i (Street) 'west. Darnstable of ............................ _...... ............................................................, adjoining premises of ................. (see attached list) .................................... Locus under consideration: Barnstable Assessor's 11Tap no: ............1.7................................. lut nc. ..... ...................... Petition for Special Permit: ❑ Application for Variance: ❑ made under Sec. ........K..................................................... of the Town of Barnstable Zoningby-laws and Sec. ..................._............................................................................-...................... Chapter 40A., Mass. Gen. Laws for the purpose of to allow the maintenance, repair anu sale of small boats with _.........................................................................._............................... ...................................................................... _............... retail sale of supplies related thereto. Locus is presently zoned in......................Villa�e Business B ........................................................................................................ Notice of this hearing was aii•en by inail, 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 procee ;ngs filed with Town Glee's. A public hearing by the Board of Appeals of the Town of Barnstable NN as held at. the Town Office Building, Hyannis, _Mass., at ...$. .00...................:.. 3Q.,........... 19 87 , upon said petition under zoning by-HAN.S. Present at the hearing Nvere the t'oliowi!te memhers: Richard....L .....BO).'.............. .........._Gail �i htin.al.e.............. ...............Ronald....Jan$son.................. ............... ............ . . . Chairman Luke P.' Lally Dexter Bliss t-:.. , PETER A. SUNDELIN ATTORNEY-AT-LAW 999 MAIN STREET, P.0. BOX 771,WEST BARNSTABLE, MASSACHUSETTS 02668 PHONE:(508)362-6873 FAX:(508)362-5438 E-MAIL:SUNDEI_.IN CaCAPECOD.NET June 1, 2010 Mr. Tom Perry LL 4 Building Inspector Town of Barnstable I �' 200 Main Street Hyannis, MA 02601 ? ; css Dear Mr. Perry: 1-4 "Z The premise at 1000 Main Street, West Barnstable have recently been listed for sale. (SEE: LISTING, EXHIBIT 1). Chances are that you will be receiving inquiries as to the lawful uses to which these premises could be put. As direct abutters, we would like to take this opportunity to bring some factors bearing on its zoning status to your attention. We reside in the Village Business B District. The main house on the premises had two, or possibly three, apartments in it prior to the advent of zoning. This 2 or 3) - family use subsequently became a pre-existing non-conforming use due to the single-family limitation in the VB-B. It is clear that the ore-existing non-conforming multi-family use was discontinued in 1987. It was not re-established within the applicable period, which was five years at that time. On March 27, 1987, the prospective new owner(Charles "Dave" Birdsey) made application to the Board of Appeal for a Special Permit. 1 This application was made for a special exception from Use Regulations § K- 7 (b). This Use Regulation set forth the allowed uses in the VB-B Zoning District as follows: a. Detached one family dwelling b. Retail store,professional or business office, bank, personal service store or shop. (SEE: 1986 ZONING, EXHIBIT 2) Mr. Birdsey's Petition for Special Permit (paragraph 8) stated that the proposed use of the premises was to be: "Apartment Upstairs, Office Downstairs,boat repair in barn" (SEE: PETITION, EXHIBIT 3) The Public Hearing was held before the ZBA on April 30, 1987. During the hearing, the Petitioner stated that: "l�here are several apartments that have been in the building since the 1930's - intend to use one apartment, but not all of them." (SEE: ZBA MINUTES, »XHIBIT 4) At the hearing, Petitioner also represented that the proposed uses were: 1)that the main dwelling house would be used for a residence; and 2) that the offices of an adoption agency would also be operated in a portion of the main dwelling; and 3) that the barn would be used for the operation of a boat repair and restoration business. The decision to allow a boatbuilding operation in the barn was favorable. The Decision also specifically says that "There are several apartments in the main building since the 1930's. The petitioner intends to use one apartment in the main house, and there is going to be one office used by the petitioner's wife, who runs an adoption agency." (SEE: DECISION, EXHIBIT 5). The Birdsey's Petition for Special Permit did not seek to expand a lawful pre-existing non-conforming use of multiple apartments to add a boatbuilding business. 2 i Instead, the Petitioners intended one dwelling unit in the main house (allowed as of right, per Section K - 7 a); plus one office (allowed as of right, per Section K - 7 b); plus the boatbuilding business (allowed by Special Permit under Section P. A. - 14, when read together with Section K- 1). (SEE 1986 ZONING, EXHIBIT 2). This brought the premises into conformity with then-current zoning. It is significant that no expansion of a pre-existing non-conforming use was sought. That the Petitioner did not seek expansion of any pre-existing non-conforming use is made clear by the discussion between Mr. Jansson and Mr. Burling on page 7 of the ZBA i Minutes: "Ron [Jansson] questions if [the property] has the benefit of a pre-existing non- conforming use.., Attorney Burling responded "yes", - Ron Jansson commented his question then is why the petitioner is not before the Board on that particular basis - Mr. Burling commented that he wanted to go under the additional business allowed under [Section P. A. - 14 of] the zoning by law." (SEE: ZBA MINUTES, EXHIBIT 4) Mr. Birdsey was capably represent by counsel. The decision not to request an expansion of the pre-existing non-conforming multi-family use was well-informed. An attempt to criange the pre-existing non-conforming multi-family use - to add a boatbuilding business use - would have run afoul of Section G - B. That section prohibits "the creation of two or more-non-conforming uses differing in use". (SEE 1986 ZONING, EXHIBIT 2) Mr. Jansson alludes to this issue in the ZBA minutes as follows: "now understand if you look at Section G [B] why you probably would not want to come before the board with the pre-existing non-conforming use -because you are talking about two or more uses." (SEE ZBA MINUTES,EXHIBIT 4) 3 The multi-family use was discontinued in April of 1987. The period during which a discontinued pre-existing non-conforming use could be re-established as of right was two years at the time of the Petition.(Section P. A. - 5, 1986 Zoning). That period was increased to five years, effective 11/7/87 (Reference: Article 8, Annual Town Meeting,November 7, 1987). I Accordingly,the period for re-establishment of the discontinued multi-family use expired in April of 1992. This was five years after the grant of the Special Permit in April of 1987. The single-family, office and boatbuilding uses contemplated by the Decision on the Petition for Special Permit were continued from 1987 until 2007 (See: Affidavit of Marjorie Keary and Affidavit of peter Sundelin&Nancy Trafton, attached) In August of 2007, Charles Birdsey gifted the premises to an LLC controlled by his son, Christopher Birdsey. (Reference: Barnstable County Registry of Deeds Book 22277 at Page 102). i Subsequent to Christopher Birdsey taking control of the premises, the use thereof was changed back to multi-family. (See: Affidavit of Peter Sundelin&Nancy Trafton, attached). This was not lawful The pre-existing .-.ion-conforming multi-family use was discontinued in April of 1987. It was not re-established prior to April of 1992. Hence, the multi-family use has been abandoned and is no longer lawful. One final note in this connection is in order. In July of 1990, Mr. Birdsey made application to the Board of Health for a Disposal Works Construction Permit. The building is I described as a two-bedroom dwelling with an office, two persons. This document removes any question that the former multi-family use was abandoned. (SEE BOARD OF HEALTH..APPLICATION, EXHIBIT 6) I 4 { Please note that this is not a complaint or a request for an enforcement action. We would, however, like to see prospective purchasers benefit from full and fair disclosure of information as to the lawful uses to which the premises may be put. Thank you for your attention to this matter. Please feel free to contact me if any further information would be helpful. Sincerely, Peter A. Sundelin 5 EXHIBIT ONE I In. Page 1 of 1 Active Listing#21004054 1000 Main St./Rte 6a(W.Barn.)West Barnstable,MA 02668LP$725,000 Prop Type Single Family Subdivision M County Barnstable Town Barnstable Ing Zoning Village Business Band partial Sq.Ft./Source 2,296/Assessors Records Rooms 8 Lot Size/Source 38,768sf/(Assessors Records) Beds 3 Style/Desc Victorian/Antique • Baths F/H 3/1 Levels 2.0 Year Built 1900/Approximate Tax ID 179-2-0-0-BARN Remarks: Wonderful Opportunity to own this unique 1900's Victorian home and Barn on the historic Old King's Highway.This property consists of a main building with three separate units,one of the largest barns on historic Route 6A,a two car garage,a shed,and front and back yards.Located on a prominent corner in the village of West Barnstable,this property offers great flexibility: use the main building as a home or office and use the barn for your workshop or shop.Zoned Village Business B and partial RF(Residential)with quick access to Rte.6.Both home and barn are in great shape and have had many recent renovations and upgrades. 1000 Main is a great value proposition! Directions: Rte. 149 North to East on 6A, property is on the right on the corner of Packet Landing and Route 6A Showing Instr.:Appointment Req.,Call Listing Agent,Call Listing Office,Yard Sign General Information Garage/#Cars Yes/a Gar Desc Detached Basement/Basement Desc No/ Foundation 37/32/Crawl Space,Stone Wing WidthlWing Depth 16/16 Street Description Paved,Public Parking Stone/Gravel Interior Amenities Interior Features Floors Hardwood, Laminated Veneer,Tile,Vinyl,Wall to Wall Carpet,Wood Equipment/Appliances Living/Dining Room Combo Kitchen/Dining Room Combo Fireplaces/#Fireplaces No/ Exterior Amenities Pool/Pool Description No/ Dock/Dock Description No/ Exterior Features Barn/Stable,Exterior Lighting,Porch,Fenced Yard, Prof. Landscaping,Screens,Yard,Outbuilding Siding Clapboard,Shingle Roof Asphalt, Pitched Assoc Fee/Fee Year / Assoc/Membership Required No/ Amenities Waterfront/Waterfront Desc No/ Waterview/Waterview Desc No/ Miles to Beach 2 Plus Water Acc Bay,Ocean Beach Own Public Beach Desc Ocean Beach/Lake/Pond Name Sandy Neck Beach Convenient to Conservation Area,Golf Course,Horse Trail, House of Worship, In Town Location,Major Highway, Medir;al Facility,Shopping School District Barnstable Neighborhood Amenities Mechanical Amenities Heating/Cooling 3+Zone Heat,Oil, Hot Water Water/SewerlUtil Private Water,Septic,Electricity,Telephone Hot Water Oil Legal/Tax Information Improvement Asmt $202,800 Land Asmt $183,100Other Asmt $79,900 Total Asmt $465,800 Annual Taxes/Tax Year $3,200/2010 Annual Betterment 0 Unpaid Betterment 0 Title Ref-Book/Page/Cert 22277/102/0 Plan To Be Assessed Unknown Spec Assessment Unknown Mass Use Code/Definition101-Single Family Undergrnd Fuel Unknown Asbestos Unknown Lead Paint Unknown Flood Zone Unknown Printed by Buyer Brokers of Cape Cod-on 05/21/10 at 12:51pm Information has not been verified,is not guaranteed,and is subject to change.Copyright 2010 Cape Cod&Islands Multiple Listing Service,Inc.All rights reserved Copyright©2010 Rapattoni Corporation.All rights reserved.(Residential Client One Page View) Printed for Peter Sundelin <sundelin@capecod.net> 5/21/2010 EXHIBIT TWO r a ZONING r . J. BY-LAWS THE t0 BABB9TdHL$ i Una �p 039. I 0 MPY k` . s February 1986 . 1 TOWN OF BARNSTABLE MASSACHUSETTS i PRINTED ON CAPE COD AT THE PATRIOT PRESS,HYANNIS,MASS. i i which.the trailer is located under a temporary permit from the Building i area, frontage, width, and depth requirements, if any, of the zoning or- ,. Inspector. i1 dinances or by-laws in effect in the Town of Barnstable, notwithstarjd: Sub paragraph(c)amended by 1969 October 23,Sp.20,approved by the Atty.Gen.Dec.17, 1965. ! ing the adoption or amendment of provisions of a.zoning ordinance or B. Tents 1 by-law in the town imposing minimum area, frontage, width, depth, or 1. 'Maintaining or occupying a,tent for living or business purposes is + yard requirements, or more than one such requirement, in excess of prohibited-in all zoning districts of the town. those in effect at the time of such recording or endorsement (1) may C. Noxious or Offensive Uses. thereafter be built upon for residential use if, at the time of the adop- '1'1. Uses which are injurious, noxious or offensive by reason of the, tion of'such requirements or increased requirements or while building emmission of odor, fumes. dust smoke, vibration, noise, lighting or l on such lot was otherwise permitted, whichever occurs later, such lot other cause are prohibited. I was held in ownership separate from that of adjoining land located in Paragraph C.1 amended 1983 Fall An.B-18.approved by Auv.Gen.Feb.4, 1984,by adding"noise, the same residential district, or(2)may be built upon for residential use lighting." D. The construction=of a new building for, or the conversion of any for a period of five years from the date of such recording or such-en- existing building, whether or not a condominium under Chapter 183A dorsement, whichever is earlier, if, at the time of the adoption of such of the general laws to any use known as time-sharing, interval owner- ! requirements or increased requirements, such lot was held in common ship, or otherwise, whereby unit owners are entitled by deed or other ownership with that of adjoining land located in the same residential recorded instrument to occupancy of the units for only specified, recur- district; and further provided, in either instance, at the time of building ring periods of less than a year during the course of a year, is prohibited (a) such lot has an area of 7,500 (seventy five hundred) square feet or until June 1, 1984 in all districts. This paragraph D. shall cease to be more and a frontage of twenty feet or more, is in a district zoned for effective on June 1, 1984. (Unanimous) residential use, and conforms except as to area, frontage, width and Paragraph D added 1987 An AA,approved by the Atty.Gen. Feb. 16, 1983. depth with the applicable provisions of the zoning ordinance or by-law G. NON-CONFORMING USES' in effect in the town and (b) any proposed,structure is to be located on A. Any lawful building, or any lawful use of a building or premises, such lot so as to conform with the minimum requirements of front, side or part thereof, existing at the time the zoning by-]aw was originally and rear setbacks, if any, in effect at the time of such recording or such adopted in the area in which such building or use is located, may be endorsement, whichever is earlier, and to all other requirements for continued, although such building or use does not conform to the pro- such structure in effect at the time of building. visions hereof. Paragraph E added 1977 An 21,approved by Atty. Gen.Jan. 12, 1978. B. Any change of a non-conforming use, any alteration, relocation or H. ACCESSORY USES increase in size of an existing non-conforming building or structure to ' 1. Accessory buildings or uses including the keeping, stabling, and extend the non-conforming use on the same lot, or use of existing or, j maintenance of horses as specified in Section I located on the same lot construction of a new building or structure, shall be allowed only by as the building to which it is accessory and customarily incidental to Special Permit of the Board of Appeals. Any of the foregoing shall not ` any of the uses permitted in a particular residence district and not result in the creation of any use or structure more objectionable or detrimental to a residential neighborhood, shall be permitted in that Substantially detrimental to the neighborhood or the creation of two or , particular residence district. more non conforming uses differing in use. Paragraph 1 amended by adding"including the keeping, stabling,and maintenance of horses as Prior h B deleted and new rah B Inserted b 1974 An 112,approved b the A specified in Section 1 1974 An 102,approved by the Atty.Gen.July 16,1974. paragraph( paragraph( y pP y Atty. 2. Uses, whether or not on the same parcel as activities permitted as a Gen.July 16, 1974. C. Any such non-conforming building which has been damaged by 1 matter of right, accessory to activities permitted as a matter of right, fire or other cause to any extent, may be repaired or rebuilt, providing which activities are necessary in connection with scientific research or the owner shall apply for a building permit and start operations for scientific development or related production, may be permitted upon restoring or rebuilding on said premises within twelve(12)months after I the issuance of a special permit provided the granting authority finds such catastrophe. I that the proposed accessory use does not substantially derogate from D. See Special Exceptions Section. the public good. E. Any lot lawfully laid out by a plan or deed duly recorded, as de- Paragraph 2 added by 1977 An 21,approved by the Atty.Gen.Jan.12,1978. I. USE REGULATIONS — RESIDENCE DISTRICTS fined in section eighty-one L. of chapter forty-one, or any lot shown on A. No building shall be erected or altered and no building or premises a plan endorsed with the words"approval under the subdivision control � shall be used for any purpose in the following specified districts other law not required" or words of similar import, pursuant to section than provided for in this section or in Section P and the maximum eighty-one of chapter forty-one, which complies at the time of such height of any building shall be not more than two & one-half (2t/z) recording or such endorsement, whichever is earlier,with the minimum stories, or thirty(30)feet from the ground level to the plate, whichever Page 6 Page 7 • APPENDIX A from ground level to the plate, whichever is lesser, except that in a Pro-. Front Yard side Rear fessional Residential District hospitals are excluded from this height Area in Frontage Width Setback Yard Yard limitation. Sq.Ft. in feet in feet in feet in feet in feet paragraph A.amended by 1974 An 108,approved by the Atty.Gen.July 16, 1974 by adding,"The- RESIDENCE B 43,560 20 100 20 10 10 maximum height...from this height limitation." RESIDENCE 13-1 43,560 20 100 20 10 10 1. Business District. 'RESIDENCE C 41560 20 100 20 10 10 a. Wholesale or retail stores or salesrooms. RESIDENCE•C-1 43,560 125 30 15 -15 b. Retail trade service or shop. RESIDENCE C-2 43.560 20 100 20 10 10 c. Offices and banks. RESIDENCE D 43.560 20 125 30 15 15 d. Restaurants and other food establishments. RESIDENCE D-1 43.560 20 125 30 10 10 e. Place of business of baker, barber, blacksmith, builder, RESIDENCE F • 43,560 150 30 15 15 carpenter, caterer, clothes cleaner or presser, confectioner, contractor, RESIDENCE F-1 43,560 20 125 30 15 15 decorator, dressmaker, dyer, electrician, florist, furrier, hairdresser, RESIDENCE F-2 43.560- 20 150 30 15 15 hand laundry, manicurist, mason, milliner, newsdealer, optician, RESIDENCE G 65,000 20 200 30 15 15 painter, paper hanger, photographer, plumber, printer, publisher, Residence B-1 area added by An. 1977 25,approved by the Atty.Gen.Jan. 12, 1978. roofer, shoemaker, shoe repairer, shoe shiner, tailor, tinsmith, Residence F-2 added by 1977 An 36,approved by Atty.Gen.Jan. 12, 1978. telephone exchange, telegraph office, undertaker, upholsterer, Residence A and Residence Al deleted by 1973 An 140,approved by the Atty.Gen.June 15, 1973. wheelwright. Appendix A amended by adding the words"Front Yard"and be deleting figures shown as"50(30(' f. Gasoline and oil filling stations and and inserting therein the figure"30" 1974 An 145,approved by the Atty.Gen.July 16, 1974. g garages. Residence C-2 added by 1974,July 30,Sp. 12,approved by the Atty.Gen.September 5, 1974. g. Apartment houses, subject to Section M. Residence G added d 1979 An 7,approved by the Residence Gen.June 21 1979. h. Hotel or motel, subject to Section N. Residence D-2, Residence D-3, Residence E, Residence E-1 deleted 1979 An 9,approved by Atty. Gen. Feb. 26, 1980. i. The above listed types of business uses are not intended to be Frontage in feet"20"added by Jan.21, 1982 Sp.4,approved by Atty.Gen.May 20,1982. all inclusive and any other ordinary business.use of a.similar nature Area in sq.ft."43,560",where less,by Feb.28,9985 Sp 1,approved by Alty.Gen.May 31, 1985. may be carried on in a Business District. Front yard setback distances shown above mean from sideline of 2. Business District A. the street. Where a lot abuts on one or more than one.street, front yard a. The same uses as permitted in the Business District, except setback shall be applicable from all streets. Front yard setback in that hotels and motels and multi-unit dwellings are excluded and the Residence Districts along Route 28 and along Route 132 shall be 100 conversion of any existing multi-unit dwelling, whether or not a con- feet. dominium under Chapter 183A of the general laws, to any use, known Prior Paragraph deleted and new paragraph inserted by 1974 An.146.approved by the Atty.Gen.July as time-sharing, interval ownership or otherwise, whereby unit owners 16, 1974. Paragraph amended 1983 Fall An. B-14, approved by Atty. Gen. Feb. 4, 1984 by adding"Front are entitled by deed or other recorded instrument to occupancy of the yard...Route 28....... -units for only a specified period of less than a year during the course of Hotels and motels shall not be allowed in Precincts 1, 2, 4, 6 and 7 a year, is prohibited. as existing on the date of adoption of this bylaw. Nothing in this Prior sub-paragraph 2 deleted by 1982 An A-11 and new sub-paragraph added,approved by Atty. { Gen.Feb. 16, 1983. paragraph shall affect the Industrial or Industrial Limited Districts. I!Paragraph amended 1983 Fall An.B 3. Business Limited District B.-13,approved by Atty.Gen.Feb.4,1984 by adding"Hotels and B motels....... a. Motel hotel or lodging house. Wetlands as defined in Section C-Definitions shall not be included b. Building, sale, rental, storage and repair of boats. in the area square foot requirement for zoning compliance, as shown in c. Retail sale of marine fishing and boating supplies. Appendix A. d. Retail sale of fishing bait, fish and shellfish. Paragraph inserted by 1983 Fall An. B-8,approved by the Atty.Gen. Feb.4, 1984. I e. Operation of a commercial fishing business excluding can- ning or processing of fish.. �K. USE REGULATIONS - NON-RESIDENCE DISTRICTS f. Restaurants. A. No building shall be erected or altered, and no building or g. Retail stores. premises shall be used, for any purpose in the following specified h. Operation of charter fishing and marine sightseeing and ex- districts other than provided in this section. The maximum height of cursion facilities. any building shall be not more than two (2) stories, or thirty (30) feet a. & f. required to connect to the Town sewer system and subject to Special Permit under Section P. Prior paragraph deleted and new paragraph added by 1978 Fall An 16,approved by Atty.Gen.Feb.6, 1979. Page 12 Page 13 t 4. Business Limited District C. i Sub-paragraph(f)inserted by Jan. 22,1982,Sp. 18,approved by Atty.Gen.May 20, 1982. a. . Professional or home occupation use. See Section I for 11. Industrial Limited District. definition.b. Small retail businesses common to a residence district. a. Warehousing and wholesale distribution facilities of non-toxic • c. Detached one family dwelling. and non-hazardous materials; d. a. and b: above subject to the grant of a special permit b. Light manufacturing and assembly facilities; under Section P. c. Research and development facilities; f i Professional or business ofices, banks, architectural, engineer- Sub.Subparagraph(c)added by 1970 An 108,approved by the Atty.Gen.June 19, 1970. d. paragraph(d)inserted by Jan.21, 1982 Sp.9,approved by the Atty.Gen. May 20, 1982. ing and drafting firms, computer operations centers. recreation facilities. 5. Marine Business District A. and such sewerage treatment facilities as may have been allowed by a. Building, sale, rental, storage and repair of boats. previous zoning bylaw; b. Retail'sale of marine fishing and boating supplies. e. Specifically prohibited shall be.petroleum refineries, land fills, 6. Marine Business District B. resource recovery facilities, hotels, motels, restaurants, manufacturing a. Building., sale, rental, storage and repair of boats. and processing uses, any use involved in the manufacture, storage. b. Retail sale of marine fishing and boating supplies. transportation, disposal or use of toxic or hazardous materials and any c. Retail sale of fishing bait, fish and shellfish. residential use. d. Operation of a commercial fishing business excluding com- Previous paragraph II deleted,new paragraph 11 inserted by Dec.4, 1985 Sp. 17,approved by Atty. Gen.Jan.24, 1986. mercial canning or processing of fish. 12. Service and Distribution. e. Operation of whale watching facilities. Sub-paragraph(e)added 1982 An A-4;approved by Atty.Gen.Feb. 16, 1983. a. Warehousing and distribution facilities. 7. Village Business Districts A & B. b. Servicing, storing and processing of goods in transit. a. Detached one family dwelling. c. Facilities for service type trades, including shops and Prior sub-paragraph (a)deleted and the words"Detached one family dwelling"inserted therein by storage yards. 1973 An 141,approved by the Atty.Gen.June 15,1973. d. Offices, garages and related facilities for all such enter- b. Retail store, professional or business offices, bank, personal pr ses. service store or shop. V e. Retail store, profesional or business offices, bank, personal 8. Highway Business District. service stores or shops; by special permit, full service restaurants and a. The same uses as specified in a Business District are allowed delicatessens may be permitted. by special permit in accordance with Section P. Subparagraph(e)added by 1974 An 127,approved by the Atty.Gen.July 16,1974. Prior sub-paragraph 8 deleted by 1983 Fall An.B-1(a)and new sub-paragraph 8 inserted,approved by Atty.Gen. Feb.8, 1984. 13. Profesional Residential District. 9. Urban Business District. I a. Detached one or two family dwellings. a. Same uses specified in a Business District. Except that in b. Apartments- Subject to provisions of Section M and subject Osterville Urban Business District, Hotels and Motels are excluded. to the modification allowed by Section P. 10. Industrial District. c. Renting of rooms to not more than ten persons by a family a. Same uses specified in a Business District. resident in the dwelling. b. Lumber, fuel, feed and ice establishments. d. Professional Offices and Licensed Real Estate Broker's Offices. c. Contractors yards. e. Nursing Homes and Rest Homes. d. Manufacturing and industrial uses except as noted in Sec- f. . Medical and Dental clinic, pharmaceutical and therapeutic tion P. Special Exceptions. uses. e. Same uses specified in a Service and Distribution District. g. Hospitals - (non-veterinarian). f. Specifically prohibited shall be petroleum refineries, land I%b district added by 1970 An.105,approved by the Atty.Gen.June 19,1970. fills, resource recovery facilities, sewerage treatment facilities which Sub-paragraph(b-Aparhnents)amended by adding"and subject to the modificatlon allowed by Section rY g P"An 127,approved by the Atty.Gen.June 22,1971. process and discharge less than tertiary-treated effluent, and any other Sub-paragraph 13d amended by adding"and ticensed.." Fall An 8,November 13,1984,approved by use which involves as a principal activity the manufacture, storage, use, the Atty.Gen.February 28,1985. transportation or disposal of toxic or hazardous materials, except as allowed by special permit under Section P. Subparagraph(e)added by 1973 An 135,approved by the Atty.Gen.Jane 15,1973.0Id Sub. paragraph(d)deleted,new subparagraph(d)added by Jan.22,1982,Sp.18,approved by Atty.Gen. May 20,1982. Page 14 Page 15 9� tu're:before improvement, or if damaged, before damage occurred) of residential structures shall have the lowest floor (including basement) dance with Section Q, as in any other zoning district within the Town of elevated to not less than base flood elevations. New construction or Barnstable, and may grant Special Permit from these requirements in- substantial improvement of nonresidential structures shall either be the case of new structures or substantial improvement to be erected on similarly elevated or, together with attendant utility and sanitary a lot contiguous to and surrounded by lots with existing structures and facilities, be flood-proofed to not less than base flood elevations. constructed below the base flood elevation, provided the following are 2. Where floodproofing is utilized in accordance with Section 1, a met: a. A showing of good and sufficient cause. registered engineer or architect shall certify that the floodproofing b. A determination that failure to grant the Special Permit methods are adequate to" withstand the flood depths, pressures, would result in exceptional hardship to the applicant. velocities, impact and uplift forces and other factors associated with the c. A determination that the Special Permit will not result in in- base'flood. creased flood heights, additional threats to public safety, or environ- 3. Any new construction or substantial improvement to be under- ment, extraordinary public expense, or any conflict with requirements taken within said district shall be in accordance with the Massachusetts in accordance with Chapter 40A, of the Massachusetts General Laws, Uniform Building Code, Section 748.0. The Building Inspector shall and (a) review all proposed development within the flood district to assure d. The Zoning Board of Appeals has notified the applicant for that all necessary permits have been received from those governmental the Special Permit, in writing, that the actuarial rates will increase as agencies from which approval is required by Federal or State law, in- the first floor elevation decreases, and that such construction below cluding Section 404 of the Federal Water Pollution Control Act base flood elevation level increases risks to life and property. Amendments of 1972, U.S.C. 1334. (b)obtain and maintain records of e. Favorable recommendation from the Board of Health on all elevation and floodproofing levels for new construction or substantial structures requiring sewerage disposal and/or water supply. improvement within the flood district. — 9. Upon the granting of such a Special Permit or permits, from 4. Any new construction, alteration of structures or other develop- Section Q, the Zoning Board of Appeals, shall maintain a record of all ment which is removed from the A. or V. zones by subsequent flood in- such special permits granted by the Board, including justification for surance map amendments shall only have to meet the requirements of their issuance, and report such special permits in its annual report to its new zone designation. the Flood Insurance Administrator in accordance with the Department S. All subdivision proposals and other proposed new developments of Housing and Urban Development Guidelines. greater than SO or S acres, whichever is the lesser, shall include within 10. The Zoning Board of Appeals may grant a Special Permit for the such proposals base flood elevation data. reconstruction, rehabilitation or restoration of structures listed on the 6. Assure that subdivision proposals and proposals for other National Register of Historic Places or the State Inventory of Historic developments, including their utilities and drainage, are located and Places or the Old King's Highway Regional Historic District, without designed to be consistent with the need to minimize flood damage. regard to the procedures set forth in Section 7 above. 7. No land within areas designated as V. (velocity) zones on the 11. Where these flood area provisions impose greater or lesser F.I.A. Flood Insurance Rate Maps shall be developed unless such restrictions or requirements than those of other applicable by-laws or development is demonstrated by the applicant to be located landward regulations, the more restrictive shall apply. of the reach of the mean high tide. All new construction and substantial 12. The invalidity of any section or provision of this by-law shall not improvement within the V. zones shall be (a) elevated on adequately invalidate any other section or provision hereof. anchored pilings or columns, and securely anchored to such piles or Prior Section 0 deleted,New Section o inserted by 1977 An 23,approved by Atty.Gen.Jan.12,1978. columns so that the lowest portion of the structural members of the P. SPECIAL EXCEPTIONS lowest floor (excluding the pilings or columns) is elevated to or above A. The Board of Appeals may grant a special permit for the following- the base flood elevation; and (b) certified by a registered professional exceptions to the zoning by-law: engineer. or architect that the structure is securely anchored to ade- 1. Temporary occupancy of a trailer during construction of a per- quately anchored pilings or columns in order to withstand velocity manent home. waters and hurricane wave wash.The following shall be prohibited with 2. Maintenance and occupancy of tents in an organized and super- a. Any man-made alteration of sand dunes and salt marshes vised recreational camp, subject to compliance with the rules of the which might increase the potential for flood damage. i Board of Health. b. Use of fill. 3. Increase in the total floor area of a non-conforming building c. Mobile homes. damaged by fire or other cause. 8. The Zoning Board of Appeals may authorize exceptions from 4. Any change, alteration, relocation or increase in size of an ex- flood regulations by Special Permit within the flood areas in accor- ! isting non-conforming building or structure on the same lot, or use of Page 20 Page 21 existing or construction of a new building or structure to extend the Residence D-2,Residence E deleted from prior paragraph 1979 An 9,approved n.F�b.'2 noo-conforming use on the same lot, subject to Section G. Paragraph 1980. by Ally.Ge B• Prior sub-paragraph 19 deleted by 1984 An 1 and remaining sub-pare' Its renumbered,approved I. Prior paragraph 4 deleted and new paragraph 4 Inserted by 1974 An 113,approved by the Arty.Gen. Any.Gen.July 31,1984. July 16,1974. 5. Re-establishment of a non-conforming use which has been discontinued for two (2) years. 18. On all zoning districts, public or private regulation golf course. Paragraph 5 amended by deleting the word and figure"one(1)year."and Inserting therein the wens — of a minimum length of 1,000 yards for a 9-hole course, 2,000 yards fo: and figure"two(2)rears."1978 Fall An 1,approved by Atty.Gen.Feb.6,1979. an 18-hole course, together with accessory buildings for storage of gol: 6. Change of a rion-conforming use to any specified use not more course maintenance equipment and materials including golf carts, a prc detrimental to a neighborhood. shop for the sale of golf related articles, rest room and shower facilities 7. Accessory use as defined in Section H, on a lot adjacent to the lot and locker rooms. No other accessory buildings shall be permitted. having thereon the principal building to which it is accessory. Sub-paragrapah added by 1973 July 11,Sp.6,approved by the Arty.Gen.August 24,1973• Prior sub-paragraph deleted by 1973 An 145,and new sub-paragraph inserted therein,approved by the Any.Gen.June 15,1973. 8. In a Business District, a yard for storage of coal, oil, junk or 19. The keeping, stabling, and maintenance of horses in excess of lumber, or any business requiring use of a railroad siding, the density requirement of Section I and subject to the conditions herein 9. In a Business District a building or place for recreation or set forth on the same lot as the building to which it is accessory or on a lot amusement, provided that no such special permit shall be granted for a adjacent to the lot having thereon the principal building to which such use which is principally the operation of coin operated amusement use is accessory. devices. Sub-paragraph added by 1974 An 103,approved by the Atty.Gen.July 16,1974. Prior paragraph deleted and new paragraph added by 1979 An 11,approved by Arty.Gen.Feb.26, 1980. . 10. In a Business Limited District C, professional or home occupa- 20. Ina Residence C-2 District, Nursing Homes and/or Retirement tion use as defined in Section I., and small retail businesses common to Homes must meet the following criteria. a residence district. (1) The lot area must be at least five 5 acres. Recission of old Paragraph 10,new Paragraph 10 inserted by Jan.21,1982 Sp.9.Approved by Arty. ( ) Gen.May 20,1982. (2) The capacity of the facility shall be limited to ten (10)beds 11. In a Business Limited District B, motel, hotel or lodging house per acre of upland. Paragraph amended by An 26 approved by Any.Gen.Jan.12,1978,the words`of upland,"added. and restaurants. (3) Adequate off-street coin- Prior shall be provided in co - Prior paragraph deleted and new paragraph added by 1978 Fall An 16,approved by Atty.Gen.Feb.6, 1979. pliance with Section S of the Zoning By-Laws. 12. In all districts where renting of rooms is permitted, the same (4) No building shall be located nearer than 150 feet from an total number of lodgers specified, may be permitted in one(1)multiple existing public way. unit dwelling. (5) The applicant must be in possession of a Certificate of Need from the Massachusetts Division of Medical Care, Department of Public 13. In a Marine Business District B, a restaurant. Health. 14. In Village Business District A and B, any use permitted in a Business District, except motels and hotels." (6) The use shall specifically exclude hospitals, sanitoriums, Former Paragraphs 8 and 17 deleted 1979 An.9,approved by Atly. Gen.Feb.26,1980.Remaining convalescent homes or detached infirmaries or clinics. paragraphs renumbered in proper sequence. (7) Plans required: 15. In a business district, any manufacturing use. (a) Perimeter survey showing entire tract ownership as Subparagraph added by 1%9 October 23,Sp.19,approved by the Atty.Gen.Dec.17,1%9. well as abutting owners, and any existing ways or easements. 16. In a Professional Residential District, the area requirements of (b) A topographic plan of the entire site at five (5) foot Section M Apartments, may be modified so that apartment buildings contour intervals showing all existing structure locations as well as shall cover not more than 50% of the gross land area of the lot or com- vegetative cover masses. This plan shall be prepared by a registered land bination of lots. surveyor by means of an on-site survey or by an approved aerial Subparagraph added by 1971 An 127,approved by the Atty.Gen.June 22,1971. photographic method. 17. In a Residence C-1 District and Residence F District, profes- sional or home occupation use. (c) Sketch plan of the proposed development showing the Sub-paragraph added b 1972 An 136 roved b the A Gen.Aug. 1972• following: PAP 7 ,aPP Y ny. ug. , Sub-paragraph amended by deleting the words"Residence D-3 District"at 1972 August 14,'Sp. 21, 1)Density and disbursement of structures over the approved by the Any.Gen.Sept.20,1972. parcel. Page 22 ., Page 23 EXHIBIT THREE I f. • tinlV;�frjBCE. "14SS. APPEAL NO. -lj� - ' Anil 26 TOWN OF BARNSTABLE PETITION FOR SPECIAL " PERMUT UNDER THE ZONING BYLAW To the Board of Appeals, Town Hall,Hyannis,MA 02601 0:,te 'March 27 19 87- The undersigned petitions the Board of Appeals to vary,in the manner and for the reasons hereinafter set forth,the application of the provisions of the zoning bylaw to the following described premises. Applicant: CHARLES J. BIRDSEY 362-314' (Full Name) - (Telephone Number) Address: 185 Meadow Lane, Td Rarnstahlp, ^:la r1)66R Owner: Richard Auclair 362-3076 (Full Name) (Telephone Number) Address: 1 Harvard Avenue, Alston, IIa. 02134 Prior Owner of record Robert E. I:ennedy Joseph ,A Kennedy, Fdward 7 Kenne�,77dy Schank Tenant(if any): None (Full Name) (Telephone Number) If Applicant other than Owner of property-state nature of interest Prospective Purchaser. 1.'Assessors map and lot number Map 179, Lot 2 2. Location of Premises 1000 Main St. VillageW• Barnstable (Name of Street) (What section of Town) 3. Dimensions of lot 160 200 38,800 (Frontage) (Depth) (Square Feet) 4. Zoning district in which premises are located V i 1 1 age R- 5. How long has owner had title to the above premises? since 12/27/85 6. How many buildings are now on the lot? �- 3 7. Give size of existing buildings Proposed buildings 8. State present use of premises Apartment Rentals in main house, Antique Shop in Barn. 9. State proposed use of premises P.partment upstairs, office downstairG boat repair shop 10. Give extent of proposed construction or alterations: llnnp nthpr than „r,nr d' � n Barn. J buildings. 11. Number of living units for which building is to be arranged no change 12. Have you submitted plans for above to the Building Inspector? nn 13. Has he refused a permit? no 14. What section of zoning bylaw do you ask to be varied? Thp TIRR Rag„1 a+;n-- Section K 7b i 15. State'reasons for variance or special permit:—Ape l i cant wanks to renovate the existing structure on the property and operate a small boat repair and conS17ruc- tion business in the barn P similar business was approved in 1983 (Appeal No. 1983-86) for James Kittredge Mr. Birdsey would overate the same type of business and the operation would l,p rmmnlimantary to Mr. Kittridgets. i :; ll a' (over) l; i The following are the names a''mailing addresses of the abutting owners of r--,)erty and the names and addresses of the owners of property abutting the abutting owners of property and then am es and addresses of the owners across the street all with their corresponding map and lot numbers according to the records in the Assessor's Office at the date of this application: Please type or print only. Map Lot# Name Address Zip Code see attached list. I Use additional separate sheet and so note if necessary There must be submitted with the application at the time of filing,a plan of the land,(Five[51 Copies)showing: 1. The dimensions of the land. 2. The location of existing buildings on the land. 3. The exact location of the improvements sought to be placed on the land. (All three of the above drawn to scale) Applications filed without such plans will be returned without action by the Board of Appeals. Respectfully submitted, RI cf-G4�1.45..3����n1G (uignatur�/' ��� (Address! 3� � � /'7A /•y :J i. fYF1e �'d� aC�, Tel.No. 31,d — *Please submit 5 copies of petition form. *Filing fee of—required with this petition EXHIBIT FOUR 7 • pF YNE Tp � .. y�P 1�w ZONING BOARD OF APPEALS RARRSTABW. . 47 f679• 00 1 dTt'p HAY�` MINUTES OF OPEN/PUBLIC HEARINGS - APRIL 30, 1987 MEMBERS PRESIDING: RICHARD L. BOY, CHAIRMAN GAIL NIGHTINGALE,VICE-CHAIRMAN RONALD JANSSON, CLERK LUKE ,P. LALLY DEXTER BLISS JAMES MCGRATH, ALTERNATE CALENDAR: 1987-32 JACK J. FURMAN 1987-26 FOX RUN REALTY TRUST 1987-33 EDWARD & RITA MEUSE 1987-34 MARSHALL & MARY ANN FARLEY 1987-35 CHARLES J. BIRDSEY 1987-36 FIRST FEDERAL SAVINGS & LOAN ASSOCIATION 1987-37 ROBERT SHIELDS, ET AL 1987-21 NICHOLAS FRANCO cc: Board of Selectmen Planning & Development A TRUE COPY ATTEST i Town Clerk '-'----_...BARNSTABLE Minutes of Open/Public Hearings - April 30, 1987 1987-34 MARSHALL & MARY ANN FARLEY the character of the house which was a converte� garage built during the e r o 1930-40s period merely trying to add bathroom/on them second .floor and to enlarge the kitchen - other end will add a small study. Ron Jansson asks the square footage of the house: 22' x 60 - two story - existing about 2400 square feet with garage - adding two separate wings - 16' x 14 and 27' x 22'when completed talking of 3200 - 3300 square foot in size - that is correct. Gail Nightingale questions why they do not put the additions elsewhere - preserving the character of the house (architectural) . Right hand addition is to be two-story, while the other is single story only. Where the house sits on the back lot line there is a large hill behind - no house behind - no one can actually see the house - not like we are jumping into someones front yard. The Board voted unanimously to grant the variance relief as sought based on the fact that variance conditions do exist at the site - the topography of the land - relief granted per the Plans presented - the motion seconded by Dexter Bliss. 1987-35 CHARLES J. BIRDSEY Attorney Richard Burling represented the petitioner who has a purchase and sale agreement to purchase the property from Mr. Auclair who has an antique business in the barn located on the property at Lot 10, 1000 Main Street, West Barnstable in a Village Business B zoning district for a parcel containing 38,800 squarebfagfit and three structures. The petitio res oes�r.es to renovate the existing/structure and operate a small boat repair/ anc sale o� same with retail sale of supplies related thereto. The petitioner intends no change in the footprint of the building - this is not a business that is currently allowed under Village Business B without a special permit - it is felt that will not be more detrimental to the neighborhood - would be less so because the nature of the business will not mean additional people coming in and out as has been in the past with the antique business - type of work to be done will be no more involved or noisy than an average home handy man. There are several apartments that have been in the building since the 1930s - intend to use one apartment, but not all of them. Ron Jansson questions whether this is the property that was "Packet Landing & Gift Shop" - that is correct Wand is;currently the "White Elephant" - propose to use large barn - Ron questions if that has the benefit of a pre-existing non-conforming use - Attorney Burling responed "yes", - Ron Jansson commented his question then is why the petitioner is not before the Board on that particular basis - --. Mr. Burling commented that he wanted to go under the additional business allowed under the zoning by-laws. Additional argument is that it was a pre-existing non-conforming business, but it is also allowable by Special Permit under provision of P, 14. Again, the proposed uses for these three buildings is: . main house used for residential purposes, Mr. Burling - that is not totally correct - there is going to be an office - the petitioner's wife operates an adoption agency - the office use allowed in Village Business Dis.trict - office and residential use and also have a two-car garage - to be only used to store vehicles - now understand if you look at Section G, 1 why you probably would not want to come before the Board with the pre-existing non-conforming use - because you are talking about two or more uses. - Mr. Birdsey described to the Board what he would like to do - landscaping, etc. Dexter Bliss questions whether the petitioner would have a boat outside during .the summer months - one during the summer time only - otherwise boats will be in the barn - to be no additional employees. Ron Jansson questioned would this be just a repair facility rather than service of other equipment that relates to boating - Mr. Birdsey commented that he would be a dealer but he would be selling antique hardware. Attorney Burling addressed the fact that the Board is in receipt of a letter from Mr. & Mrs. Caton who are i • � Y Minutes of Open/Public Hearings - April 30, 1987 1987-35 CHARLES J. BIRDSEY abutters to the property - they are in opposition to the petition - the letter addressed a deed restriction - second restriction does restrict usage through that entire development which runs down. Packet Landing to non-business uses with the exception of an antique shop - Paragraph six further on allows the trustee of the Barnstable Realty Trust to amend those restrictions - the current trustee of this trust is the current owner Mr. Auclair, who has agreed to sign an amendment to be recorded in the Registry of Deeds for Lot 10 only - this will not be a detrimental use in the neighborhood. Several abutters spoke in support of the petition, namely, James Kittridge, D. Ciberowski, Mr. & Mrs. Fisk and Mr. & Mrs. Byrnes and Carey - no objections. Ron Jansson made a motion to grant the special permit on the basis that the proposed renovation would not constitute 'a use that would be substantially more detrimental than what currently exists - the motion was seconded by James McGrath. The Board voted unanimously to grant a special permit with the restriction that there be no more than one boat to be on display at any one time outside. 1987-36 FIRST FEDERAL SAVINGS & LOAN ASSOCIATION Attorney Philip Boudreau represented the petitioner who is requesting a Special Permit and Varinace for a proposed addition to the existing bank building located at Route 28, Hyannis in a Highway Business zoning district for a parcel containing 59,575 square feet. The proposed addition to be 3,303 square feet on first floor and 3,421 square feet in basement is=to be roved additional space in which to conduct banking operation - per the/H ns sub- mitted at the hearing by Attorney Boudreau to replace plans originally sub- mitted with the filing. The upstairs of the existing building is divided with temporary dividers affording little privacy for the employees - in addition people are working in a windowless basement, etc. , due to lack of space. This is a narrow lot that opens up at the back. Mr. Boudreau feels that it is necesarry to apply for two dimensional variances as well as a special permit under setback requirements in a Highway Busines district. The entire property is zoned 300 feet back for business; the petitioner has adequate parking and seeks no relief for parking. When the building was constructed at 45 feet back from Route 28 it was conforming - current setback requirement is 100 feet - a portion of the building to the rear is not quite 100 foot back - in addition the area requirements in the Highway Business zone require 60,000 square foot lot - Mr. Boudreau feels that he cannot build a separate building without coming to the Board for a variance - has to do this by way of an addition - with one acre requirement of a minimum the petitioner would need two acres in order to have a separate free-standing building - where we propose to build we do not have 100 foot setback - Ron Jansson does not understand Mr. Boudreau's rationale - building is going to be occupied by the same tenant and will comply with the setback - there followed a dis- cussion - already have a building that occupies a portion of the locus - con sider the locus as one lot - think that to put two .buildings up petitioner would need two acres - perhaps Mr. Boudreau is not correct - if that is the case he would be delighted to have the Board rule that all' of this is unnecessary, but in any event afraid there is a problem anyway because where they propose to put addition, they would violate the 100 foot setback - due to the curvature southwest of Falmout Road - shape of the lot at that point and the fact that the building was put on at a 90 degree angle - Mr. Boudreau also feels that another variance relief is needed from the width requirement of 160 feet - it is true, that we have 181 feet from point to point, but at the place where we are building we have slightly less than the required 160width 0w i EXHIBIT FIVE s ��'� f �� Ply: ,Z•(1�? ', BUUKJIJ� :UiIN l•LikY� TOWN OF BARNSr.l,l1.�3LE, �►J,;I�a�c.lal��,,, Zt)ljing 13oard of Attprnls ltf "h( 13 I'll L. Richard AUclaiC ......... I)CCd rfilly rr•rnnlyd in t.h� .1�.�..........t_..............._....._.... Property Utvner �{1 S Q ('.urwly' Itrgintrp. nC 1)rrdn in lktolt .............................. Charles S. Dirdsey ..................................................Iteflisl.r!• l'etilionrr linlrir•I of Ihr. Iruul I'�rari. 1'r•rLifir.nl.0 No. ... II,uJ, ...... ..... I'n l.r......_.......... " 1981-35 Appenl No. _.__....._..._.._. ..... FAME and MWIRI011 Petitioner_._._......Chr—les S DirdseY--......................................... Illcd I t.ilian r.n I!) thtln Street in tUC villnq,•• requestiug a varinuce-permit for pre.ntisrs nl ...._.......l..U........UU................................................. .... . West Darn9tnble ndjoinin „I K IlrriHeR of .......... (u,•,, nllnrhrrl linll .. ................. of ._.__._ __--.__........................._. t_�.�. I„t. r„,. Locus under causidcratiou: lJnrnnlnhlr. Asscrsur'n f11np no. ............. ........................... Petition for Special Permit: K o[ Lhn 'Ir,trlt of Ilnnta;nblr Application for Variance: ntnde under are. .............................................................. Zoningby-laws and See. _............._............._.................................................................................. t'11111OCT' •tile\., )\Illm Chit, haws to allow the malntennncc! _reI'?!�...'.. llnr.. ^n...r nC mnnJ.J bonl:n alt.h for Lite purpose o[ _.__._.._.......................... ..................(....... retail sale of sUPplles related theteeu. ... ........................... p Villn r IStt ltte, s 1S . ...................................... Locus is presently zoned in......_.........._.. . ............ .............................. Notice of this hearing was given by mail, postnl:r• prepnid, In nil p tnnn3 ilrrnn•d nRr""err„r! nnrl by publishing In Barnstable Patriot nen•sllnper published ill 'town of linrnr:lnble n Copy of which is attached to the record of tile"'! proceedlllps filed with 'I'olrn 1.11rrk. A public hearing by the Bosrd of Appenls of the '1•otcn n( Itnrnsuthlr twc; held al. the Town ...... ......MR. 1'A. ...._._�+.Rr_�•.I......�.!!..t....................................... I;I 8 i office Building, llyeunis, Hass., at 0.......•UU._,. _ _. _ ' upon said petition under coning- by-lairs. Present at the hearing were the fnllowily! numbers: Richard L. Doy__---"- Chainnnn Luke P. Lally Dexter Dl.las EXHIBIT SIX THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH Application is hereby made for a Permit to Construct or Repair (&-jan Individual Sewage Disposal System at: or Lot No. 1.3t.11" Address Other—Type of Buildi No. of persons.......An................ Showers Cafeteria Other fixtures Z Other Distribution box Dosing tank f�p<12, ' LL//3" S72c",P Tile undersigned agrees to instalT the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Sanitary Code—'The undersigned further agrees not to place the system in operation until a Certificate of Compliance has bee E' the b of health. Signe X,Date ............. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH THIS IS TO CERTIFY, That the IndMdual Sewage Disposal System constructed has been installed in accordance with the provisions of T":—J, 5 of Tile State Sanitary Co, THE ISSUANCE OF THIS'CERTIFICATE SHALL NOT BE CONS7UED AS A GUAR I ANTEE THAT THE SYSTEM WILA, FUNCTJON SATISFACTORY. THE COMMONWEALTH OF MASSACHUSETTS � BOARD OF HEALTH '_—_—_----'op'— ",------- FEE........................ D' m3 Wor1w T�'tutrurtion V»rmit Permissioni, hereby granted.............................................................................................................................................. to Construct ( ) or Repair an zma.iova Sewage Disposal System at No :as shown on the application for Disposal Works Construction Permit No..................... Dated.........Z.........! � -----'---_---_'---_--'--` u�, of Health � ` ' �. — ' � � ' At the conclusion of the hearing, the Dowd tonl, sni,l petilinn under ndvi,,hmrn1: A view of the locus was made by the hoard. Appeal No.--- -13d.7...-3.5...................__.... Page ........nl........ of ... ._....... 1!1 ...........81..• '1'hr. Deunl of ApS seta (mind I Attorney Richard Burling represented the, pet:ltlunei-, ('11-1.es .1. BIT-dney who has a purchase and sale agreement for the properLy '.lot.nCed nt Lot IU, 1000 Hain St., W. Barnstable In n Village Business r:oni.og district. Mr. Auclair who is the current owner hnn nit nnti.gitc hu4l.ness on, the locus which contains 38.800 square feet mud three structures. The petitioner desires to renovate sit existing bnrn and operate' n smn.tl. hunt repair And rentorntion buninens with sale of supplies related thereto. There Vs to be no chnnge In the footprint of the building. mall, There are several apartments in the/building since the 1930s; the petitioner intends to use one apartment in the mnin houre and there is p,oitir to be one office - use by the petitioner's wife who runs an adoption ngency. There is en exi.nting two car garage which will be used only for the sturnge of vehicles. At the present time, there is a firrcl rcrr.rict.ion. I'lic current owner in nn, t to the trustee of Barnstable Rlty. Trust/ap.tei, to sign nn ameodmont to be recorded in the Registry of Deeds for Lot .10, to nmeud Lhe r'enttJcl:lon of nnu-bunl.ne.ss use with the exception of an nntique. shop Ronald Jansson made a motion to grant the Spec.inl Permit under P (14) of the Zoning By-Law on the basis that the proponed renrtvatlnu w,mld not conmtit'ute a use that would be subtantiall.y more detrino•ntal tbertt whet curreotl.y exists - the motion was seconded by James McCrnth. The Board voted unanimously to grant a Speelnl PermlL with the rentr. etion that there be no more than one boat on dlnliIny out.s.ldc nl. nay tn,e t l.me. , I 1, L�/.___. `�i{(�U./..N..........._..._..._...�..__.�>'S.�__�. . C%I,•rlc of the Tvi% of ISnrmU.nble, ISnrnatnble U County, Massaehuaetts, hereby certify that twenty (20) dot's have elapsed. since the Ilunrd of Appeals rendered its decision in the above entitled petit.im, and Ihnt no apptnl of nnid dtcisiou hnn been tiled in the office of the Town Clerk. Signed and beoled this ...........�.: .. d,hl'gf• ....... ..V...r.1L.E .r.............................. I!I "1............_ under the pains and 3� ! ,� " pennitica of perjury. �!� ' ,:.'Distribution:— r • ......................................................................................................................_....-......... Property Owner L.`: 1 ;Town Clerk t, \-\,fit`, Itnnrd of Apprnls Applicant ,{t ni' Town nt 13:Ir hlr• Persona interested ..• ` !" ' �— r Building Inspector -- Public Information .^:,� !ly ....................... :�... . ,/} I yt i hoard of Appeals Cbninnnn i f. JUN 4 ill 0 1 �I AFFIDAVITS 26 Packet Landing Way West Barnstable, MA 02668 May 24, 2010 To whom it may concern: I live next door to the property located at 1000 Main Street. I have resided there since 1980. I made the following observations during the period of time that Dave and Barbara Birdsey owned the property at 1000 Main Street: There were offices on the first floor. There appeared to be only one apartment, which was located on the second floor. 1t was occupied by a woman in the employ of the Birdseys and her husband. Dave Birdsey operated a boat shop from the barn. Sincerely, Marj on Keary �/ e s_ 995 Main Street P.O. Box 771 West Barnstable, MA 02668. . June 1, 2010 To whom it may concern: We have resided at 995 Main Street since 1993. Our home is located directly across the street from 1000 Main Street. At the time that we moved into 995 Main Street, Charles and Barbara Birdsey owned the property at 1000 Main Street. We observed the use of their property during the fourteen years that we were neighbors. The first floor of the building was used for offices. Initially it housed the offices of Orenda Wildlife Trust. There was a sign on Main Street which identified it as such. 'At some point the Orenda sign was removed and a sign was added to the side of the front door of the building which read "Pegasus Foundation". The living space on the second floor of the building was occupied by an employee of the Birdsey's. There were brief periods of time when the residence appeared to be unoccupied. Based upon our observations of the occupants, at no time did it appear that there was more than one residential unit. The barn in the rear of the property was occupied by the Speedwell Boat Company. There was a sign that identified it as such on Main Street. Charles and Barbara Birdsey listed the property for sale in 2007. The listing referenced "three separate living units in the front building". Later in 2007 the property was gifted to an LLC controlled by Christopher Birdsey. Based upon our observations since then it appears that there have been as many as three living units occupied. There were a large number of parked cars, consistent with that use. At present, however, there appears to be only one living space occupied. Sincerely, , Peter A. undelin Nancy R. Trafton i 995 Main Street, P. O. Box 7'7d' i'� r West Barnstable MA 02668 _7 R-1 1: 28 June 3, 2010; Mr. Clu-istopher Birdsey c/o Packet Landing LLC 218 Main Street, 3 W Hyannis, MA 02601 l< RE: 1000 Main Street, West Barnstable Dear Mr. Birdsey: Enclosed please find a copy of a letter with corresponding documents that we sent to Mr. Tom Perry, the Town of Barnstable Building Inspector. Once we became aware that your property was for sale, we felt that it was important to bring information which bears upon the status of the zoning to t1 e attention of the Building Inspector. We are sending this letter as a courtesy, should you wish to provide any additional information that you may have to the Building Inspector. Thank you. Sincerely, Peter A. Sundelin Nancy R. Trafton cc: Mr. Tom Perry 1 P420 Main St./rte 6a(W.barn.) , Barnstable, MA, Massachusetts 02668, West Barnstable, ... Page 1 of 2 William Raveis Real Estate-Mortgage-Insurance The Largest Family-Owned Real Estate Company in the Nol-theast "THE REST WEBSITE IN REAL ESTATE" I Need Help? Glck have for online assistance or call 1.888.699.8876 Home find a Home Open Houses :Y1¢pping Housing naht 1lmne G:v¢luntian S¢Id Hennes Mortgage Insurance Property Detail Next Previous 0 Tweet to ( i•. + '1: '/. 27 of 31 Click for larger pictures c PrevNext, (..,.1 +;Copyright 2013 Cape Cod&Islands • 4 r oy� t• Multiple Usting Service,Inc.All rights r For immediate assistance,dick here or call... reserved. "+f 1,888,699.8876 4,•y n W Listing courtesy of Bayview Real Estate $585,000($255 per Sqft) Property Info Map 1000 Main St./rte 6a(W.barn.),Barnstable(West Barnstable),MA 02668 Similar Properties Estimated Payment-$2.302 Per Month' r Change Terms Check Rates Community Information Town: Barnstable Type:Single-family residential Click"on Tabs Bedrooms:3 Baths:2 full/1 half Style:Antique Year Built: 1900 Garage:2-car Detached Heating:3+Zone Heat,Oil,Hot Water Cooling:3+Zone Heat,Oil,Hot Basement:Cape Cod Water Approx Sq.Feet:2,296 Acreage:0.89 Est.Taxes:$5,613 Assessment: $472,800 Days on Market:" MLS#:21305703 LONG W to view additional information above(as required by the MLS). 1000 Main St./rte 6a(W.barn.),Barnstable,MA,Massachusetts 02668.Wonderful Opportunity to own this unique 1900's Victorian home&Barn on the historic Old King's Highway.This property consists of a main building,one of the largest barns on historic Route 6A,a two car garage,a shed&front and back yards.Located on a prominent corner in the village of West Barnstable,this property offers great flexibility:use the main building as a home or office and use the barn for your workshop or shop.Zoned Village Business D&partial RF(Residential)with quick access to Rte.6:Permitted uses for the property include residential,Village Business B,AND according to a Special Permit:offices on the 1st fir.,an apartment on the 2nd&a boat building business in the barn.Both home and barn are in great shape and have had many recent renovations and upgrades.Buyers to verify all zoning and uses. Save to Favorite Properties E-mail new listings to me Community Information http://www.raveis.com/prop/21305703/1000mainstrte6awbarn bamstable ma. 11/6/2013 r 1000 Main St./rte 6a(W.bam.) , Barnstable, MA, Massachusetts 02668, West Barnstable, ... Page 1 of 2 William Rnveis Real Estate-Mortgage-Insurance The Largest Family-owned Real Estate Company in the.Noiiheaat "THE BEST WEBSITE IN REAL ESTATE" I Need Help? Click here for online assistance or call 1.898.699.8876 Home Find a Home Open liousec �lupping Hnusine D to }tome livuluntion Sold Homes ATortgagc htsurancc Property Detail Next Previous p Tweet 11y . 4 of 31 Click for larger pictures t PrevNext MIT. ; "� 3 opyright®2013 Cape Cod&Islands . I z ( I Multiple Listing Service,Inc.All rights S For immediate assistance,dick here or call... 1.888.699.8876 Listing courtesy of Bayview Real Estate /Z $585.000($255 per Sqft) Property Info Map 1000 Main St./rte 6a(W.barn.),Barnstable(West Barnstable),MA 02668 Estimated Payment-$2,302 Per Month" Similar Properties Change Terms Check Rates Community Information Town: Barnstable Type:Single-family residential Click on Tabs Bedrooms:3 Baths: 2 full/1 half Style:Antique Year Built: 1900 Garage:2-car Detached Heating: 3+Zone HeatOil,Hot Water Cooling:3+Zone Heat,Oil,Hot Basement:Cape Cod Water Approx Sq.Feet:2,296 Acreage:0.89 Est.Taxes: $5,613 Assessment: $472,800 Days on Market:" MLS#:21305703 LOG W to view additional information above(as required by the MLS). 1000 Main St./rte 6a(W.barn.),Barnstable,MA,Massachusetts 02668.Wonderful Opportunity to own this unique 1900's Victorian home&Barn on the historic Old King's Highway.This property consists of a main building,one of the largest barns on historic Route 6A,a two car garage,a shed&front and back yards.Located on a prominent corner in the village of West Barnstable,this property offers great flexibility:use the main building as a home or office and use the barn for your workshop or shop.Zoned Village Business D&partial RF(Residential)with quick access to Rte.6:Permitted uses for the property include residential.Village Business B,AND according to a Special Permit:offices on the 1st flr.,an apartment on the 2nd&a boat building business in the barn.Both home and barn are in great shape and have had many recent renovations and upgrades.Buyers to verify all zoning and uses" Save to Favorite Properties E-mail new listings to me Community Information http://www.raveis.com/prop/21305703/1000mainstrte6awbam bamstable ma 11/6/2013 1000 Main St./rte 6a(W.barn.) , Barnstable, MA, Massachusetts 02668, West Barnstable, ... Page 2 of 2 MAP this Home Monthly Mortgage on this Home Insurance Quote Directions Mortgage Pre-approval Back to Search Criteria Print a Brochure Contact Mortgage Banker Property List E-mail this to a Friend School Information Contact Customer Service Barnstable, MA- Single Family Properties One-Month Comparison: •r t2013 Septeniber, t r Unit Sales 73 60 21.7% Average Sale Price $581,850 $725,283 -19.8% Median Sale Price $370,000 $288,250 28.4% Average List Price $1,082,398 $1,016,341 6.5% Sales to List Price Ratio r A A j P Q93.8%n I-"-1 91.4% 2.6% y y M/ t 'wv tl.L,.F Inventory 592 598 -1.0% Months of Supply 9.3 10.5 -11.3% Market Time(Days) 123 163 -24.5% Price per Sq Ft $287 $355 -19.1% New Listings 119 96 24.0% Click Here to view local housing reports in your area Click Here to sign up for our monthly housing newsletter Let Us Hel t.- Click here to view more videos. Recent Articles Top 10 Things to Love About Durham I Mon,04 Nov 2013 Hot off the Presses:October 2013(Thu.31 Oct 2013 Diy Raveis Romepage :About Us Northeast Community Info Careers Sales Associates OnFv NInving G Nome Sciwices o Agents/Offices Convention&Expo Relocation Affiliate Program Buyer/Sellers Guide William Raveis Breast Cancer hued Cont-Act Us Award Winning Team In the News \11<•sachuscus'fuwna Crnureoieut Tuwms Rhoda Isltmd Towns New York'Rn�ns Cape Cal Tmvns ,M L.sachusew,Real F,taa Connecticut Real I siate• Rhode•.Island Read]'state Now York Read Estate Cape Cod Real L-state 1'rivacy Policy Licensing Site MaR Featured Prnrert}1-iit Raveis Pro&W%List Broker Prot M List New Listinas Let Our Family Show Your Family the Way Home 1000 Main SL/rte 6a(W.bam.),Barnstable.MA,Massachusetts 0266& The rates and annual percentage rate(APR)displayed are based upon the following assumptions:a 20%down payment,conforming loan amount,$1,500 in finance charges, 30 days prepaid interest,1 point,30 day rate lock.The rates and annual percentage rate(APR)will vary depending upon the actual down payment percentages,points and fees for your transaction.Rates and the margin for adjustable rate mortgages(if applicable)are subject to change Witltottt prior notice and may vary with your unique credit history, and terms of your loan.The rates displayed vary by property state,may change or not be available at commitment or closing or may be subject to product restrictions.CT Licensed Mortgage Correspondent Lender 15524-MA Licensed Mortgage Lender/Broker MC2630-Licensed by the NH Banking Dept Mortgage Banker/Broker 11083MB-RI Licensed Lender/Loan Broker 20051918LL.20051919LB-NY Licensed Mortgage Banker-NYS Banking Department LMBC 106535-NJ Residential Mortgage Lender 2630 All .. information is deemed reliable,but not guaranteed BR ,y,,,loot q "ak All data relating to real estate for sale on this page comes from the Broker Reciprocity(BR)of the Cape Cod&Islands Multiple Listing Service,Inc.Detailed information about real estate listings held by brokerage firms other than William Raveis Real Estate include the name of the listing company.Neither the listing company nor William Raveis Real Estate shall be responsible for any typographical errors,misinformation,misprints and shall be held totally harmless.The broker providing this data believes it to be correct,but advises interested parties to confirm any item before relying on it in a purchase decision..Copyright©2013 Cape Cod&Islands Multiple Listing Service.Inc.All rights reserved. 0 http://www.raveis.com/prop/21305703/1000mainstrte6awbarn bamstable ma 11/6/2013 U/C Cont.to Market Listing#21305614 1000 Main St./Rte 6a(W.Barn.)#0 West Barnstable,MA 02668 LP $585,000 �I Prop Type Income/Multi Family Prop Subtype Pri:RESI County Barnstable Town Barnstable Zoning Village Business D and Partial Subdivision #Units 3 Lot Size/Source 38,768sf/(Assessors Records) Basement Desc Bulkhead Access,Cape Cod,Partial Year Built 1900/Approximate Tax ID 179-2-0-0-BARN Sq.Ft./Source 2,296/Assessors Records Remarks: Wonderful Opportunity to own this unique 1900's Victorian home&Barn on the historic Old King's Highway.This property consists of a main building,one of the largest barns on historic Route 6A,a two car garage,a shed&front and back yards.Located on a prominent corner in the village of West Barnstable,this property offers great flexibility:use the main building as a home or office and use the barn for your workshop or shop.Zoned Village Business D&partial RF(Residential)with quick access to Rte.6:Permitted uses for the property include residential,Village Business B,AND according to a Special Permit:offices on the 1 st flr.,an apartment on the 2nd &a boat building business in the barn.Both home and barn are in great shape and have had many recent renovations and upgrades.Buyers to verify all zoning and uses. All-Office Remarks: Leases in place for two units.24 Hours notice to tenants required to show. Directions: Rte.149 North to East on 6A,property is on the right on the corner of Packet Landing and Route 6A Showing Instr.: Appointment Req.,Call Listing Agent,Call Listing Office,Tenant,Yard Sign Listing Agent Tara J Schiffmann 508-362-8543 tara@bayviewcapecod.com Listing Office Bayview Real Estate 508-362-8543 Agreement Type ER Listing Date 06/13/13 Orig.List Price $585,000 Owner Packet Landing Llc DOM/CDOM 153/153 Commission BAC 2.5% FCOM0.0% Other Commission0 Dual or Variable Rate Commission Arrangement No Comments General Information Garage/#Cars Yes/2 Garage Desc Detached Parking Off-Street Foundation Crawl Space,Stone Rd Frntg Lot Depth Lot Desc Corner,Level Room Sizes&Levels Units Unit 1 Unit 2 Unit 3 Unit 4 Rooms 4 3 1 Bedrooms 2 1 Full Baths 1 1 1 Half Baths Floor Level Leased Lease Exp. Rent Unit 1 Features Unit 2 Features Unit 3 Features Unit 4 Features Interior Features HU Dryer-Electric,HU Washer Exterior Amenities Pool/Pool Description No/ Dock/Dock Description No/ Exterior Features Barn/Stable,Exterior Lighting,Outbuilding,Porch,Prof.Landscaping,Screens,Yard Siding Shingle Roof Asphalt,Pitched Amenities Waterfront/Waterfront Desc No/ Waterview/Waterview Desc No/ Miles to Beach 1 to 2 Water Acc Bay,Ocean,Public Beach Own Public Beach Desc Bay,Ocean Beach/Lake/Pond Name Sandy Neck Beach Convenient to Conservation Area,Horse Trail,House of Worship,In Town Location,Major Highway,Marina,Medical Facility,Shopping School District Barnstable Neighborhood Amenities Printed by Buyer Brokers of Cape Cod-on 11/13/13 at 1:45pm Information has not been verified,is not guaranteed,and is subject to change.Copyright 2013 Cape Cod&Islands Multiple Listing Service,Inc.All rights reserved Copyright©2013 Rapattoni Corporation.All rights reserved. U.S.Patent 6,910,045(Multi Family Agent Detail) ti f A Listing#21305614 Page 2 Mechanical Amenities Heating/Cooling 3+Zone Heat,Hot Water,Oil Hot Water Oil Water/Sewer/Util Electricity,Inspection Req'd,Private Water,Septic Landlord Pays Electricity,Snow Removal,Water,Yard Maintenance Legal/Tax Information Improvement Asmt $272,900 Land Asmt $199,900 Other Asmt 0 Total Asmt $472,800 Annual Taxes/Tax Year $5,613/2013 Annual Betterment 0 Unpaid Betterment 0 Title Ref-Book/Page/Cert 2227/102/ Plan To Be Assessed Unknown Spec Assessment Mass Use Code/Definition 101-Single Family Undergrnd Fuel Unknown Asbestos ; Lead Paint Unknown Flood Zone Unknown Printed by Buyer Brokers of Cape Cod-on 11/13/13 at 1:45pm Information has not been verified,is not guaranteed,and is subject to change.Copyright 2013 Cape Cod&Islands Multiple Listing Service,Inc.All rights reserved Copyright©2013 Rapattoni Corporation.All rights reserved. U.S.Patent 6,910,045(Multi Family Agent Detail) �a 1 �Cv5�3 Assessor's'Oflice(1st floor) Map 1 H .�� Permit# �/ Conservation Office Oth floor Date Issued Board of Health Ord floor —,�F4 Engineering Dept. (Ord floor) House# °R � PlanningDe t. Ist floor/School Admin. Bldg.): 0A�eP�'lc$ i Definitive Plan Approved by Planning Board 19 . Pi (Applications processed 8:30-9:30 a.m. & 1:00-2:00p.m.) i � J TOWN OF BARNSTABLE Building Permit Application Project Stre t Address Village Fire District OwncrfAw Address -� Telephone Per it Re Quest: C 0-ma l -PAa--- j:�akK'-cnOZ!�7 , Zoning District Flood Plain Water Protection Lot Size Grandfathered Zoning Board of ADDeals Authorization Recorded Current Use Prop2sej Use Construction Type f s� Eaistina Information Dwelling Type: Single Family Two family ulti-fam' Age of structure C?V 4l? , Basement type_ y 1 Historic House Finished Old Kings Highway Unfinished Number of Baths No.of Bedrooms Total Room Count not includ in baths First Floor Heat Type and Fuel � ,U3 L,, Central Air Fireplaces Garage: Detached Other Detached Structures: Pool Attached Barn None Sheds Other Builder Information Name Telephone number Address License# �-- j� Home Improvement Contractor# i ri Worker's Compqnsation # NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN (AS BUILT) SHOWING EXISTING, AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO � Project Cost Fee SIGNATURE JAMPDATE f 3 `9S BUILDING PERMIT DENIED FOR THE FOLLOWIN ASON(S) BPERM T 7// FOR OFFICE USE ONLY ADDRESS D /y l < ( < VII.LAGE OWNER �Yl DATE OF INSPECTION: FOUNDATION FRAME �. INSULATION FIREPLACE r ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING: 1 �� DATE CLOSED OUT: ASSOCIATE PLAN NO. B A Y V I E W REAL E S TAT E "On a clear day you can see forever." June 15, 2010 Mr. Peter A. Sundelin, Esq. 999 Main Street P. O. Box 771 West Barnstable, MA 02668 Dear Attorney Sundelin: Mr. Christopher Birdsey called me and also provided me with copies of your letter to � him, dated June 3, 2010, along with your letter and corresponding exhibits addressed to Mr. Tom Perry, Building Inspector of the Town of Barnstable, dated June 1, 2010 regarding the property located at 1000-Main.Street--in West Barnstable:-and its permitted uses. After_reyiewing them and talking with clerks at the town regarding the permitted uses for the property I have..amended the property's listing accordingly to fully reflect its permitted uses which include: Residential, Village Business B, and according to the Special Permit: offices on,the first floor;-an.apartment on the 'second and a boat building business in.the barn. Please find attached a copy,of the amended listing which provides full discfosure to prospective buyers of the property. Thank you! Sincerely, Tara Schif&nann Brown _s Listing Agent for 1000 Main Street, West Barnstable Bayview Real Estate 3220 Main Street, PO Box 165 Barnstable,MA 02630 C - . Cc: Mr. Tom Perry,Building Inspector,-Town,of Barristablb� "`' •- -` ' -� � �-".....Town of-Bainstable;-200..Main Street,Hyannis.-MA 02601" � � �-• ��� -�:� '� `rJ�, rn Cc:..ML.Chris_Birdsey, c/o Pack et,Landing LLC 218 Main,Street, 3 W, Hyannis;N A-02601 3220 Route 6A, P.O. Boz--165, Barnstable, MA 02630 �® ivr�s® Te1:'508-362-8543- Fax: 508-362-4786 Page 1 of 1 Active Listing#21004054 1000 Main St./Rte 6a .Barn. West Barnstable,MA 02668LP$725,000 Prop Type Single Family Subdivision County Barnstable Town Barnstable goo - Zoning Village Business Band partial Sq.Ft./Source 2,296/Assessors Records -- - Rooms 8 Lot Size/Source 38,768sf/(Assessors Records) w Beds 3 Style/Desc Victorian/Antique Baths F/H 3/1 Levels 2.0 Year Built 1900/Approximate Tax ID 179-2-0-0-BARN Remarks: Wonderful Opportunity to own this unique 1900's Victorian home&Barn on the historic Old King's Highway.This property consists of a main building,one of the largest barns on historic Route 6A,a two car garage,a shed&front and back yards.Located on a prominent corner in the village of West Barnstable,this property offers great flexibility:use the main building as a home or office and use the barn for your workshop or shop.Zoned Village Business B and partial RF(Residential)with quick access to Rte.6:Permitted uses for the property include residential,Village Business B,AND according to a Special Permit:offices on the 1st fir.,an apartment on the 2nd&a boat building business in the barn.Both home and barn are in great shape and have had many recent renovations and upgrades. 1000 Main is a great value! Directions: Rte. 149 North to East on 6A,property is on the right on the comer of Packet Landing and Route 6A Showing Instr.:Appointment Req.;Call Listing Agent,Call Listing Office,Yard Sign General Information Garage/#Cars Yes/2 Gar Desc Detached Basement/Basement Desc No/ Foundation 37/32/Crawl Space,Stone Wing Width/Wing Depth 16/16 Street Description Paved,Public Parking Stone/Gravel Interior Amenities Interior Features Floors Hardwood,Laminated Veneer,Tile,Vinyl,Wall to Wall Carpet,Wood Equipment/Appliances Living/Dining Room Combo Kitchen/Dining Room Combo Fireplaces/#Fireplaces No/ Exterior Amenities Pool/Pool Description No/ Dock/Dock Description No/ Exterior Features Bam/Stable,Exterior Lighting,Porch,Fenced Yard,Prof.Landscaping,Screens,Yard,Outbuilding Siding Clapboard,Shingle Roof Asphalt,Pitched Assoc Fee/Fee Year / Assoc/Membership Required No/ Amenities Waterfront/Waterfront Desc No/ Waterview/Waterview Desc No/ Miles to Beach 2 Plus Water Acc Bay,Ocean Beach Own Public Beach Desc Ocean Beach/Lake/Pond Name Sandy Neck Beach Convenient to Conservation Area,Golf Course,Horse Trail,House of Worship,In Town Location,Major Highway, Medical Facility,Shopping School District Barnstable Neighborhood Amenities Mechanical Amenities Heating/Cooling 3+Zone Heat,Oil, Hot Water Water/Sewer/Util Private Water,Septic,Electricity,Telephone Hot Water Oil Legal/Tax Information Improvement Asmt $202,800 Land Asmt $183,1000ther Asmt $79,900 Total Asmt $465,800 Annual Taxes/Tax Year $3,200/2010 Annual Betterment 0 Unpaid Betterment 0 Title Ref-Book/Page/Cert 22277/102/0 Plan To Be Assessed Unknown Spec AssessmentUnknown Mass Use Code/Definition101-Single Family Undergrnd Fuel Unknown Asbestos Unknown Lead Paint Unknown Flood Zone Unknown Printed by Bayview Real Estate on 06/15/10 at 5:23pm Information has not been verified,is not guaranteed,and is subject to change.Copyright 2010 Cape Cod&Islands Multiple Listing Service,Inc.All rights reserved Copyright©2010 Rapattoni Corporation.All rights reserved.(Residential Client One Page View) http://ccimis.rapmis.com/scripts/mgrgispi.dll 6/15/2010 Appeal ............................. Page ........................ of ......................... On .30, _ ......... 19 ..........8..7... The Board of Appeals found Attorney Richard Burling represented the petitioner, Charles J. Birdsey who has a purchase and sale agreement for the property located at Lot 10, 1000 Main St. , W. Barnstable in a Village Business zoning district. Mr. Auclair who is the current owner has an antique business on the lotus which- contains 38;800 square feet and three structures. The petitioner desires to renovate an existing barn and operate a small .boat repair and restoration business with sale of supplies related thereto. There is to be no change in the footprint of the- building. main There are several apartments in the/building since the 1930s; the petitioner - intends to use one apartment in the main house and there is going to be one office use by the petitioner's wife who runs an adoption agency. There is an existing two car garage which will be used only for the storage of vehicles. At the present time, there is a and deed restrictions . The current owner is the trustee of Barnstable Rlty. Trust/agreed to sign an amendment to be recorded in the Registry of Deeds for Lot 10, to amend the restriction of 'non-business use with the exception of an antique shop. Ronald Jansson made a motion to grant the Special Permit under P (14) of the Zoning By-Law on the basis that the proposed renovation would not constitute a use that would be subtantially 'more detrimental than what currently exists - the motion was seconded by James McGrath. The Board voted unanimously to grant a Special Permit with the restriction that there be no more than one boat on display outside at any one time. I, .._.......&1: .U.441........................_..... .5�'............. Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days haNve elapsed since the Board of Appeals rendered its decision in tKO abo-,•e entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this .3 zb....:... daN. oi ..................... ZLL ........................ 19 ............... under the pains and penalties of perjury. Distribution:- 1'roperty Owner .......................:.................................................................................................................. Town Clerk Board of Appeals Applicant Tomn of Benrnzla Persons interested Building Inspector t�. .............._. Public Information ......... .._,....:.. % ....................._............. .... Board of Appeals Chairman . Mr. Kittridae ' s• _-__ �Y��f•Py t:J�Yjety -2- 4 J In the latter case, noted above, 310 CMR 15. 02 (8) requires a board of health to issue a Certificate of Compliance stating that the system has been "located, constructed, altered or repaired . in compliance with the terms of the permit and the requirements of Title 5. " A Certificate of Compliance is required for a repair, alteration or enlargement of an existing system regardless of whether or not the work done under the permit will result in an increased sewage flow to the system. Please note that "Emergency Repairs" authorized by order of the local board of health, in accordance with the provisions of 310 CMR 11. 00 (Title 1) may be done to abate an emergency in which the interest of protecting the public health or the environment requires that ordinary procedures be dispensed with. Emergency repair of a system, however, does not necessarily constitute a permanent repair or solution in compliance with Title 5. An emergency repair should eliminate imminent threats to the public health or the environment; a permanent repair, alteration or replacement should bring the system into complete compliance with the provisions of Title 5, wherever possible. This may require extensive upgrade or even replacement of the existing system, which in turn may include the granting of reasonable variances to the code. Such variances must be granted. only in accordance with the procedures at 310 CMR 15. 20. . No variances should be granted for designs which do not provide No system components (a septic tank and soil absorption system) required by Title 5. . In cases where the applicant is seeking to enlarge, renovate or replace existing buildings where a permit from the Building Inspector -is required, 310 CMR 15. 02 (7) provides: "No building permit, foundation permit, special building permit or plumbing permit shall be issued until a Sewer Entrance Permit or Disposal Works Construction Permit has been obtained, unless the Board of Health determines that the existing sewage disposal system is adequate for a proposed alteration or addition to an existing dwelling. " The Department interprets the term "adequate" to mean that the existing sewage disposal system is in full compliance with Title 5, including sufficient volume capacity to serve the proposed alteration or addition to the building. If full compliance is not present, the owner must obtain either a Disposal Works Construction Permit to upgrade the system to full Title 5 compliance or seek a variance under 310 CMR 15.20. Some boards have adopted a regulation under G.L.c. 11l s. 31 which requires the upgrade of any system to meet existing state and local standards prior to real estate transfers. This has proven to be an effective tool to bring existing substandard systems such as cesspools into compliance. WA '�"I lt_ 0 Ad p . ' e'who. t� 4f #' Av 7 _ Ar 4 yy �a _ JL y • at TOWN OF BARNSTABLE 7018 JAN 23 PM 2; 58 �Tws10N _ M 1 / � C 4ho •_ .� .. ,9 �.r . . k — Ad, + �i WIL jr ' s� `�� _ _h� - �, ��• -� tee.�., Y - ' • _ � Ig _ y +fir_ _ �.- �_` �' °'-_ k'} - -,�"�if' �.d, r ■• - Wit, � �� +}. - :-iy A _� � _ tom- ' F, Via" � �: 1_.�•`_ ♦ S � .��,_ _{ M-4 '-� �� • - ■L, '. t } �~ � P-.ma's: '9 +t 4'-.�'� �� MwT ' a's.� L�'!7+� *�•�r- ' �L - - � _L ��- �� � '.t.'.qt �r�'!"- "�. `�r s y � ,ram _ l{ii�yV'i 3, � ' "'1■�+y. ��'�•�� - - �.._`i'��-; 't-� ter- - - _ J TOWN OF BARNSTABLE 7018 _JINN 23 PM 2: 59 OIVi;iON 1 ; t # s ^ y IV -C-. -- �T• '4.. .). +L _ VL F r1� - _ W,... r i _ .cam •�:. �-� ^!��•-' '�,- +�. '' ���, - _ • a _ sr r TOWN OF BARNSTABLE 2018 JAN 23 PM 2- 59 DIVISION � ° a r_ � r 0 1 ;,. JL i sue,. �. R NW =a, VIA - - ry _ ...,al, wry �'� ±�• :?.,' ��°ii` - a •` 1� -Aw,�� wr i ii•+ _ ' , y t TOWN OF BARNSTABLE 70N JAN 23 PM 2* 59 DIVISION i w jw >t y 4 f . yam« �* L P �4 14 *• *S Aii�f T� I�N t��c 4. It v v- T;,A- lli-;Zl�W�112 3`7A" I lft�' V11 �4 S; OWN Av; om RA.W1 ,- 71 4 ®r, 4T ....... ----- Oz ,, :.... 4 m 5 ;�j A. Uwilq tv ex W 0�-�, I 4�v N;_nl;!i- t 5.2 T., IMERS:This map is for planning purposes only. It is not ad equate for leg Map:179 Parcel:002 Sele boundary determination or regulatory Interpretation. Enlargements beyond a scale of DISCLA' at cted Parcel Owner:PACKET LANDING LLC Total Assessed Value:$434300 I-=100'may not meet established map accuracy standards. The parcel lines on this map are only graphic representations of Assessor's tax parcels. They are not true property Co-Owner: Acreage:0.89 acres Abutters boundaries and do not represent accurate relationships to physical features on the map Location:1000 MAIN ST./RTE 6A(W.BARN.) such as building locations. Buffer ._,�.,�„�:-max•—A.. 16 4 J•7- .a.. we. 0 0 AO immNa— Ah G s * � �-_ .wry � •. �. �'' �,�- ' _ -_� t _ e ,1 � T � L _fi,h a it %boa _ L TOWN OF BARNSTABLE 7918 WN 23 PH 2: 58 Page 1 of 1 7-f�iT� 4r r � } t rye.. , �`ory �-:. i a+,�y •_ MR— .. « yyyyY� f �"T v _.._—ter.-` "^-may�•-•,w�+ s mjx. tN• 10 „ .. file://\\isvisions\images\00\02\97\25.jpg 6/26/2015 y, Y � r h 1 y Y . jIII t TOWN OF BARNSTABLE SIGN PERMIT PARCEL ID 179 002 GEOBASE ID 10489 ADDRESS 1000 ROUTE 6-A (W.BARN) PHONE W. Barnstable ZIP LOT 10 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT WB PERMIT 12322 DESCRIPTION ORENDA WILDLIFE PERMIT TYPE BSIGN TITLE SIGN PERMIT I CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $50.00 BOND $.00 p ENE , CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE : 1ARN3TABLE, +' MA83. OWNER BIRDSEY, CHARLES J & E� A ADDRESS BIRDSEY BARBARA TRS 203 S ORLEANS ROAD B LDING DIVISION ORLEANS MA BY DATE- ISSUED 12/14/1996 EXPIRATION DATE ,7 j I 12/08/1995 15:52 1-508-790-6230 BARNSTABLE BLDG DIV PAGE 01 f arnstable t The Tow o B Department of Health, Safety and Environmental Services Building Division d a 367 Main SM4 ffyz is MA 02601 Application for Sign Permit Applicant: Q)c� b 6,9 a.. p _ASSdSOr's no. I—I `t ©o Doing Business As: C 1�� �' Telephone ©?y0 Sign Location streetlroad: ! y�z> I'Yl. �� � S�rLe�-f � L,Jes� ��..r� ►��-I�� �e. Zoning District Old King's Highway District? yes no Property Owner Rise./ Tel hone sb �yo- a9o0 Name: C Address: 9 n3 Sign Contractor Name: Telephone _ Address: village Description Diagram of lot showing location of buildings and e)dsting signs with dimensions, location and size of the new sign to be drawn on the reverse side of this application. Is the sign to be electrifiedT yes no ✓ (Note: if yes, a-erring permit is required) I hereby certify that I am the owner or that I have the authority of the owner to make application, that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinances. ate Signature of Owner/AtMorized Agent Size (sq. $.) A� Permit Fee �1 O Sign Permit was approved: disapproved:_---- --— r 11/02/94 17:02 $6177277122 DEPT IND ACCID Q 001 Co►n►rlonttle �. o/ MalJacliu�etfi ' aUctPartnte►t�o�J�ndudfriaL✓dcciden,f.� 600 1/I/c,,�&.Seat James J.Campbell &ton, Veia zAuasth 02 f f f Commissioner �j Workers' Compensation Insurance Affidavit with a principal place of business at: (GiLyatatkizip) do hereby certify under the pains and penalties of perjury, that: () I am an employer providing workers' compensation coverage for my employees working on this job. Insurance Company Policy Number () I am a sole proprietor and have no one working for me in any capacity. i am a sole proprietor, general contractor or homeowner (circle one) and have hired the contractors listed below who have the following workers' compensation policies: Contractor Insurance Company/Pol>I y Number Contractor Insurance Company/Policy Number Contractor insurance Company/Policy Number O I am a homeowner performing all the work myself. I understand that a copy of this s:ztement will be for+xarded to the Office of Investigations of the DIA for coverage verification and that failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties consisdn¢of a fine of up to S 1,500.00 and/or one years' imprisonment:u well as civil penalties in the form of a STOP WORK ORDER and a fine of S 100.00 a day against me. S' ed this day of �PPoo 19 S Licensee/Permittee Building Department Licensing Board Selectmens Office Health Department TO VERIFY COVERAGE INFORMATION CALL: 617-727-4900 X403, 404, 405, 409, 375 TOWN OF BARNSTABLE BUILDING PERMIT # COMMONWEALTH DEPARTMENT OF PUBLIC SAFETY �={ OF " 1010 COMMONWEALTH AVE. .. MASSACHUSETTS BOSTON,MA 02215 t! Z. L I L 'M•S E u 4 : CAUTION EXPIRATION DATE C.O N S T R. S U P E R.Y_I S O R � 4: 08/31/1995 r.RESTRICTIONS EFFECTIVE DATA FOR PROTECTION AGAINST. LIC—NO. � ; r . THEFT, PUT RIGHT THUMB MOVE 09/.01/1992 "'"0'58942 PRINTINAPPROPRIATE SCOTT D 'H,UMPNREY `"" BOX ON LICENSE. 41�. WfLLfSLEYAR SMTl�A 02181 •s',• BLASTING OPERATORS MUST INCLUDE PHOTO. f�it ( GAGE DINTHISOCCUPAiO - MMISSION- g J�i I\�t APPLICATION FOR PERMIT TO INSTALL AND REQUEST �'`"� or FOR ELECTRICAL SERVICE //, 0� 245294 4 Inspector of Wires Wiring Permit # COM/Electric`# Town of Massachusetts Building Permit # Date Customer: on(Street Lot # in the village of fAJA utility pole number or underground number Customer's billing address Temporary New installation Change of service Starting date Job description t�%v-o0w. r V jbc. a S 0 V'U IC'N NlCA1- 4t Service entrance voltage { l z y Amperage Phase Wire size,(cu�oa_1. Conductor per phase Number of meters Water heater Off peak: Yes_No Estimated load: Electric heat kw,lights kw,Range dryer Motors,H.P.&Phase Ready for first inspection b y�Q,/ #? A, ' Ready for final inspection Electrical Contractor_ (,,,1 -17hc • Lic. # A 91/4<-- Telephone# Address Additional Remarks: Do Not Write Below This Line ELECTRICAL WIRING INSPECTION CERTIFICATE INSPECTOR OF WIRES INSPECTIONS DATE FEE CHARGE / Temporary Service_ Roughing in /6 Service and Meter Off Peak Meter Final Approval Disapproved* *For the following reasons CERTIFICATE OF INSPECTION Date To the COMMONWEALTH ELECTRIC COMPANY. The installation described above has been completed and has this day been - inspected and approval granted for connection to your service. /Inspector of Wires WIRING INSPECTOR TO BE NOTIFIED WHEN WORK IS READY FOR INSPECTION Permit Good For One Year From Date Of Issue CA 46 INSPECTOR'S NOTICE i 2 � Office Use OrlyThe Commonwealth of MassachusettsParnitNo. Z0 61 Department of Public Safety OocVancy&FmCheelced BOARD OF FIRE PREVENTION REGULATIONS S27 CMR IZW V90 (leavebla&) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed In accordance with the Maaaachusens Electrical Code. 527 CMR 12:00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date 10& ( a'- TOWN OF BARNSTABLE To the Inspector of Wires: The undersigned applies for a permit to perform the electrical work described below. Location (Street 6 Number) I b 0 o ft/1 bt.i ti 5 T Owner or Tenant Owner's Address Is this permit in conjunction with a building permit: Yes R No ❑ (Check Appropriate Box) Purpose of Building _Utility Authorization NO. Existing Service L6b Amps 11-0 /1-4.tS Volts Overhead ❑ Undgrd❑ No. of Meters New Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work No. of Lighting Outlets No. of Hot Tubs No. of Transformers Total KVA No. of Lighting Fixtures Above In- B 8 Swimming Pool grnd. ❑ grnd. ❑ Generators KVA No. of Receptacle Outlets No. of Oil Burners No. of Emergency Lighting Battery Units No. of Switch Outlets No. of Gas Burners FIRE ALARMS No.)of Zones No. of Ranges No. of Air Cond. Total No. of Detection and tons Initiating Devices No. of Disposals No. of pumps Total Total No. of Sounding Devices Tons KW g No. of Dishwashers Space/Area Heating KW No. of Self Contained Detection/Sounding Devices No. of Dryers Heating Devices KW Local❑ Municipal ❑Other Connection No. of No. of Water Heaters Signsf Ballasts Wirinoltage No. Hydro Massage Tubs No. of Motors Total HP OTHER: ` {( + QJ i F F.LA.) t OkAk-t—0 O t v`u �o C rehS+ .:.�.ytJ i Ct di�I to K INSURANCE COVERAGE: Pursuant to the requirements of Massachusetts General Laws I have a current Liability Insurance Policy including Completed Operations Coverage or its substantial equivalent. YES❑ NO I have submitted valid proof of same to this office. YES❑ NO ❑ If you have checked YES, please indicate the type of coverage by checking the appropriate box. INSURANCE'o BOND ❑ OTHER ❑ (Please Specify) (Expiration ate Estimated Value of Electrical Work S 00 Work to Star[ 10 Inspection Date Requested: Rough Final Signed under the penalties of perjury: FIRM NAME LIC..NO_ Licensee Signature LIC. NO. Bus. Tel. No. Address Alt. Tel. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the insurance coverage or its sub- stantial equivalent as required by Massachusetts General Laws, and that my signature on this permit application waives this requirement. Owner Agent (Please check one) f� Telephone No. PERMIT FEE S / Signature of Owner or Agent :A.,. B C D E F G H / . _ _W.,Mo. ,Twu 19, 19Y0 CAP E M.vMin zoning naP la approva0. (Art.95 oM 1051 COO SA 1 9 ----_ — E = 9 ZONING NL9P . OF , BARNSTA 3LE PRECINCTMASSACHUSMS .7 FEBRUABY>, 1989 �yy � ' REY/JED MARr.✓3 H7o R E,- • ` a".rruu w,aa. 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