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HomeMy WebLinkAbout0080 SANDY NECK �n UPC 12543 No. 53LOR � m13 7 71 1, '��MtY,�iy►,.,�,�h�"'r --s• rt•�' �.+r,i.,.:�it ratite .�� .. - �. THE TOWN OF BARNSTABLE C T0� G� OFFICE OF IMSTAIM BOARD OF HEALTH 039 i639' 367 MAIN STREET HYANNIS,MASS.02601 } November 3, 1994 Norman Hayes N. Box 281 West Barnstable, MA 02668 f}a Dear Mr. Hayes: You are granted permission to continue to utilize an "out-house" and to reconstruct a "lean-to" at parcel 4 located at Sandy Neck, Barnstable with the following conditions: (1) No door ways are authorized between the"camp"building and the"lean- to". (2) The"lean-to" may not be constructed any larger than the existing"lean-to" �3lonsite. 7-k. 1e�� s�Ia�( Aa61�z�o� b� o� The permission is granted because Sandy Neck is considered as an area of environmental concern. The use of a new onsite sewage disposal system at this site would increase human use and may prove to be detrimental to the area. Very truly yours, oseph C. Snow, M.D. Acting Chairman Board of Health Town of Barnstable 1 Jf; x45t, ti r hayesl ` is I Il I'. i..-Al ai 7, .31.E lyAll 14 i lut 1 I;rI !� l , diY J Lj IIJ;f. jaJ16A /. ., �� 'a�l�6 il.�l��!� lam. � .•�, �/ .. .,I�. tulle K NA�J�,. y � 1, �•w 4 }�, _...... ��•, :t ,,:i�,ill: ..7 J. � ��, � Sy--•,i�'•�'� kl Jk._k. . �/ ice`/��'f� .•� . ;=� � • 1 - ' - awn..-. - .::�,�C( '. ,.,__,. � . �' Y• i .1 , � .,�tw ��,. =ate, •;, ROPERTY ADDRESS I I ZONING I DISTRICT CODE 'SP-DISTS.I DATE PRINTED I STATE CLASS I PCS I NBHD KEY NO. a r Z LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS ,, UNIT' ADJ•D.UNIT Lana By1D810 Size 0""'�on LOCJYR.SPEC.CLASS ADJ. COND. P PRICE PRICE ACRES/UNITS VALUE Dexription FRENCH, 8 E R T R A N D C M A P- cD FF De tvAtros 4 L A N D 1 1 3 P 6 0 0 CARDS IN ACCOUNT 10 1BLDG.SIT 1 X -2 J= E( 251 26999.9S 54215.99 .25 13600 #ELDG(S)-CARD-1 1 90400 01 OF 01 a #PL SANDY.NECK COST 2300D-- BATHS 0.0 U X E= 100 1.0 c . 1.00 1.00 8 4RR 9906 MARKET 8500 - NO BSMT . S X E= 100 7.85 3.92 380 1500-8 INCOME A -.NO. HEAT S X E= 100 2.35 1.17 380 400-8 USE D AFPRAISED-VALUE i A 23.000 PARCEL SUMMARY F U AND 13600 S T BLDGS 9400 M 0-IMPS E :TOTAL 23060 N - CNST DEED REFERENC Type DATE R ,� .:PRIOR_YEAR 1 V A L U E T Beek Page Incl. Mo. Vr.p Set-Prig AND :1 3 6 0 0 r S LDGS 9400 I I TOTAL 23000. 1 I t I , BUILDING PERMIT � Number Data Type Arnprnt ' LAND LAND-ADJ ; INC ME SE SP-BLDS FEATURES- BLD-ADDS UNITS 13600. Cie99 Con91. Teial Base Role AO].Rele Vear Buiti Age Norm. Ob.v"''CND. Lot. %R.O. Repl:Cost New Aol.Rapt.Value Storie9 MBIgM Rooms Rm9 Kalb /Fla. P.rtywep F.C. .. Unit9 Uni19 Aolfu�.' Ih Depr. Cana... ..... .. OTE' 000 100 100. 35.55 35.55 90 60 31 63 - 110 95 63-.8 .14774_ 9400 -1.0 1 1 1.0 ' Dexriptlon Rare Square feat Repl.Cost MKT.INDEX: - 1.00 IMP:-BY/DATE: • -/ SCALE: 1I00.85 ELEMENTS CODE CONSTRUCTION DETAIL BAS?100, 35.55 380 .13509 GROSS AREA. 380 SINGLE FAMILY.DWELLI.N6 CNS7 :GP:00 FWD: 85 8.50 : 144 :1224 at.-.--r.-14----* STYLE _ 09COTTAGE 0.0 Z _ .FEP 65 • 23.11 84 '1941 6_._.. .fEP 6, DESIGN ADJMT 00 ------------------- 0.0 1 !--- ! EXTER.WALLS-- -01 OOD FRAME------- DA TYPE 01 ONE-------------- 0:0 - _ FINISH . -00 ------------------ 0.0 INTER.:LAYOUT _ 0.1 . ------ -----0.0 --- --- ---------------------- INTER:QUAL'TY: 03 ELOW'EXTER. '19. BASE ' 19 FLOOR STRUCT 00 -, ---------------- 0.0 ECOOR , . � _ , � CIA ;W COV---- -00 ------------------0-0 E Total Areas Aua. 228 Be- 380 `! ! EROOF?TYPEER OO.------------------- BAS•rN..19.<FE BUILDING DIMENSIONS ELECT- 0.0 -- --- --- - A BAS 4 W20J FWD 1 S08 E1 8.N08 W18'_. :' � _-----" -- --- - -- -- - P�N06_'E14 S06.W14'' EL------------ --- --- --- -- T•RI AL 00. 0 0 ..F-OUNDATION 00 _ 99 9 BAS'.E20,'S19-.._ - -=-- - L• _ - SANDY NECK,COTTAGES ---- ' 8 • 8 . _ AND TOTAL> > L MARKET: FWD PARCEL' '13600 -23000 *, --18=----c+! .AREA; VARIANCE STANDARD ' x25 rTOPOG'RAPHY• 2'.ABO'VE ST:. -*)TOPOGRAPHY, *{UTILI,TIESr J!NONE:,.. *CUTI'LITIE'S _UTILITIES- ' . .,T,FEATURE-:3.UNPAVED.,' * ST FEATURE . *; x r T, ST_FEATURE *"'S.T: . C0ND' .:` � �{ *xTRAFfIC���,� 1trLI6NT r't , DYELL"tL'OC. 2 MIDD6E ' *rLO,CATION *IAMENITIES *4AMENITIE`S ' ', -* 'NUISANCE-S' �"' . '4' = - r_NUISANCES f� �•4 S k BARNSTABLE PAGE 1 CAPE COD BAY III ' N / 10 "p S AN DW 16H ERo'� 161 18'F 74tq� a° !' HOI WAy t �b i00 F _�•qR 4°��fa N�ulgRn� � �� I� HAV'WAY ' c•P J r / 5CORTOH C+UX c TO;y•. A. �fl O `t c.R££K V0tp �u OPt .,co Ro ' • SANDWICH -�- -.. 5 aaµp � YC, apt �JI. r pp .DR $ P 0 • 99 S10Ri�6 • n �j{k'1 �, $ F Pp , I f!y 'a.�JfAO HIL14 � �, J9Y' •y ,a YA yPQo. 9 �155'' �y a?9�wP� e vo IS1 ti� ry / PWRY 9� / Toss Q 5A lgdGc, �; E /hy�N ti Q� b PN < 3'O zp-. ! p'�• •v tP \. �' V 88 sF r F of � .�° „� �4',., xe � ��� D• -. � � 'ei � a' � I r l Assessor's office(1st Floor): ,,/I - Assessor's map and lot number �C 0 ',3 (6 T ,T C- Conservation(4th Floor): .- `~�� -� 3 ►�Ov�y ' ' ������•w Board of Health(3id floor): N'4r ��' � -e.�� • Sewage Permit number �G`�l:!!,� �i Cy ,1111' j goy►nt Engineering Department(3rd floor): �J) o��a3q.`\�d° House number E //p ,%\� ytti., � o N&r Definitive Plan Approved by Planning Board 19 APPLICATIONS PROCESSED 8:30-9:36 A.M.and 1 00-2:00 P.M.only TOWN : OF B.AANSTABLE `BUILDING INSPECTOR APPLICATION FOR PERMIT TO .t�C� l D U TYPE OF CONSTRUCTION TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location 1dT�y Ass.--soe � Proposed Use Zoning District Fire District Name of Owner Aaem>av yeS Address 34,Ck57-3dle , 07,4, 026G8 Name of Builder �e(/eV A 16234/rOkI Address w lIif /AIIJDy /e a�673 Name of Architect Address Soo Number of Rooms / - I Foundation 30X We /�bPs � 2ZkS Exterior �O1) CeC>Re Shin31Fs Roofing /T Floors �)Od Interior d Heating lilONe Plumbing Ex rs%r,cA Fireplace AlOAle Approximate Cost do- Area ` Diagram of Lot and Building with Dimensions Fees ._ �,9i1iAGed �/ l 69 h/de�elc�,ue 1 c - OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name Construction Siipervisor's LicenseC"ap. -,�V 05-g301 , No Permit For Location ' Owner Type of Construction Plot Lot , Permit Granted i . 19 Date of Inspection: Frame r 19 Insulation - 19 Fireplace 19 Date Completed - 19 f ti e •k' � r ito IT ?/►;�,i � l :� :� ��4 1 1 � 1.c MLA t ��t��St •1 p� lei' • t.•a� �' � -,�s .71 �+"r�r.'ri ..iLt2�.. .�,`'d'�sts._ e..0�,� �.•. F ...'�� w,r — -■_:. I�3 fit �'- � itw`na`L`._ �.:�-,"�„—"w� I.�•,: . • �•+lJ1yt` A` I ! I v Qa Assessor's Office Ist floor Ma �.� Lot 001 Permit# U I 4* * Conservation Office Oth floor Z �'Y1 Date Issued Board of Health Ord floor a Engineering Dept Ord floor) House# Planning Dept. (1st floor/School Admin.Bldg.): 7 i ffrAB,a i ..� Definitive Plan Approved by Planning Board 19p �� (Applications rocessed 8 -9:3 .& 1:00-2:00 .m. r TOWN OF BARNS TABLE' r _;k Building'Permit Application � J J / Pro ect Street Address , � �S/I f��2 ,C/ ,¢/j, QC,C- - Village I� eks-Z� ' l Fire Districtm ,(- Owner 7 J�,�yy(/,(/,9 Gl//GCS �C r�i(/ol/ /,SUS/ Address ///i�5 Tcic hone r r' Permit Request: - 1 Zonine District Flood Plain Water Protection Lot Size Grandfathered Zoning Board of AppLals Authorization Recorded Current Use 0-,4/d7 AQ / Proposed Use OeAq��UN r,4 jT ocks, 1 h A'r Construction Type �f�Ocl Existing Information Dwelling Tyne: Single Family I-tffi/!2 Two family Multi-family Age of structure P'5- Basement type 00 N-e- Historic House Finished - / / I Old King's Highway , 0 /99 /(, Unfinished V2s �,Voo* c� �L)d s Number of Baths (Du//lDUre I No. of Bedrooms Total Room Count(not including baths) / P RODm, First Floor Heat Type and Fuel Natie Central AirNOV? Fireplaces Alood grove Garage: Detached Other Detached Structures: Pool Attached Barn None Sheds //ll Other DU/twUSe Builder Information Name &PIleN A. 1e,?,Ae0A) Telephone number /-5D -39-PO Address S 0 ,4 UE' 3,p. License# 0,5,?30 y �- /lIOU7lj w 0�6�'3 Home Improvement Contract r# /1430 Worker's Compensation # 16 • ig 8*4 96 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 ,YpAe Project Cost ©4, ate Fee W SIGNATURE �C<%U/�[/ DATE /995— BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) BPERM T ` FOR OFFICE USE ONLY 4/24/95 37-6—&r } 203.004 ' ADDRESS- Marsh Trail #2, Sandy Neck VILLAGE W. Barnstable - Hanna Wicks Island Trust OWNER I Al DATE OF INSPECTION: n FOUNDATION ' FRAME s INSULATION FIREPLACE ~ t ELECTRICAL: ROUGH OF FINAL PLUMBING: e ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING: DATE CLOSED OUT: , ASSOCIATE PLA44 NO. t } j cam, � �' i •} .,�`i� — -- COMMONWEALTH DEPARTMENT OF PUBLIC SAFETY - 1010 COMMONWEALTH AVE.OF S cc \ 1 MASSACHUSETTS �f BOSTON.MA 02215 i 1:t t_T.I_;r`ray=a , � " " � •-, I EXPIRATION DATE ij�:��L/ L•:,-;�; i�Ce _IN:�:T h. =:1.1F•E:FV i.:-;i ii� - , c e o z o I EFFECTIVE DATE LIC NO. z Z3. cc o s o C RESTRICTIONS 4 oe .•' O { - :TEVFrJ M L.EF{t�hijtd 1 C � • .O T Z �' L t a•`i •Q •� M1,11�11•�(�I'il_I F: 1. - t .- w :r an .n �� YE1`I.I II fl i.I._H MA 1_?G:!?%:_ ! -- !• o/.oro,OAwsTMacomcv& FEE: - — -- ! - - -• - .. _ _ _ f A^•.rin f 'Jol VN K),'pilo..^JI.IIE()Av Lr}/6FF.AM)I�/"v'All.v l 1 .lMl V(a1I,RkR O1 OI,e�i$$U.)•h.(+ 4 HEIGHT: 1 c ' j - I- 0 S 111K 1)lw.l1MEN1 ,,q K: A J$T BE ,1(yln llJ(IF,4'IF.,+$EE lie '�[-"-q�•, I I:NRilfll(JN 1/4.T'F.R.vJNa - � I 1 7HC NUMB 1 1 T ('�CiC1H IpC(YIPRI ION+1 YT.•cNTIT'7�i rnNEas• ke Pi7H - 1 1 mot, � ti � � � �� t- _ � • . � � . I _ rel � rqw }.- �\ � �t'I�:i1'llllt'111 t�'t � 1 ':ii:�'t `: i•'it 'ifl � � el�'Iet�lillll'tll;l� �l'T� ll�l'� ��'ED�.:r-�°•' l;uiluin;! lli�'ii0tl 367]',lain Strect,Hyannis MA 02601 Office: 508 790-6227 Ralph CS�ssea' Fax 508 775 3344 Building Commissioner For office use only Permit no. Date AFFIDAVIT HOME Il1ZPROVEMENTCONTRACPORLAW SUPPLEMENT"PERMIT APPLICATION MGL c.142A requires that the"reconstruction,alterations,remation,repai4 modernisation,conversion, improvement, removal, demolition, or construction of an addition to any pre-existing owner occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other. requtrements- / 5J D do Type of Wort::-�&II//CI o X/ (c5' Ect �Pi Es[.Cost D. Address of Work: �S lva Omer Name: ,�� Date of Permit Application: I hereby certify that: Registration is not required for the following rrason(s): Work excluded by law lob under S 1,000 Building not<m-ner-occupied Owner pulling own permit Notice is hcrcbv gi,.cn that: OWNERS PULLING THEIR OWN PEI:U I T OR DEALTNG VNTTN UNREGISTERED CON'•TRACTORS FOR APPLICABLE HOME Pv1PROV ,:C-:1\'T NVORt: DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARAKn'FLJND UNDER MGL c. 142A SIGNED UNDER PENALTIES OF PERJURY I hcreb\-2pp1\'for 2 permit 2s the 22cnt eit c o\%7.cv i - Date Contractor name Registration No. OR Date Owner's name 11/02/94 17:02 $`8177277122 DEPT IND ACCID I�UU1 (forrt►no ealth o/ MamackWeffil ..UePartrnenf 01,.J.J.6h al-AcieLh 600 W.1qtoj%,S'troat James J.Campbell &Ion, /I amachwd4 02 t f f Commissioner Workers' Compensation Insurance Affidavit with a principal place of business at: 5�1 `-7- cca/5"W f do hereby certify under the pains and penalties of perjury, that: () I am an employer providing workers' compensation coverage for my employees working on s this job. D s cLr o 96 Insur ce Company Policy Number (tY11" 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/Policy Number a Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number () I am a homeowner performing all the work myself. I undersond that a copy of this statement will be forwarded to the Office of investigations of the D1A for coverage verification and that faliure to secure coverage as required under Section25A of MGL 152 can lead to the Imposition of criminal penalties consistlnit of a fine of up to S 1,500.00 and/or one years' Imprisonment as weii as civil penalties In the form of a STOP WORK ORDER and a.fine of S 100.00 a day against me. Signed this day of � , 19 996- Ucensee/Permktee Building Department Licensing Board s Selectmens Office Health Department 1,,. TO VERIFY COVERAGE INFORMATION CALL: 617-727-4900 X403, 404, 405, 409, 375 a� Town of Barnstable ` Old King's Highway Historic District Commission 230 South Street, Hyannis, Massachusetts 02601 NAM (508)790-6290 Fax(508)790-6454 TO: Ralph Crossen,Building Commissioner FROM: Peger L. Freem Chairman, Old King's Highway.(�m�� DATE: April 20, 1995 { RE: Hannah!Wicks Island Trust,Marsh Trail at Sandy Neck application#1994-16 This memorandum is to inform the Building Department that we have examined the application of Hannah Wicks Island Trust, Marsh Trail at Sandy Neck. This Committee has found everything to be in order except the size on shed lean to which should read 6 r 14; otherwise, it stands behind its approval of the application dated February 9, 1995. l i I t 1 ti . :�-. -. --.�-. � _.- . . z r _,.- . � ,_� ;r j __ _- _ ._� t �� , - , Y ;3` ,-. �. - - — _ a.- a �. t . . 5�`?. '��1����r2 � '�w '^;*�� �ja,ii�(ti CWl+;t�ii'r�'w_� ��: J _ _� {,,. ... ISSUE DAR MM/DOPM Fm OORD. CERTIFICATE OF INSURANCE 10/03/94 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND jow CONFElIS HO RIOHTS UPON THE CERTIFICATE HOLDVVL THIS CERTIFIG ers i Gray Hyannis (2) DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY T►,. 640 Iyanough Rd Rte 132 POLJCIES SlLAW. COMPANIES AFFORDING COVERAGE Hyannis tt11 02601 O01i1'"'" A Worcester Insurance Company LETTTf11 73-2031 COMPANY 6 �a Steven M. Lebaron COMPANY C Urrw 54 Montague Drive OOMPAN LETM Nest Yarmouth NA02673 COMPANY E- LiT1D1 COYEMORS THIa IS TO CETiTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITMSTANOMM ANY REOUIREMEN'T.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEFMRCATE MAY BE I"WED OR MAY PERTAIN,THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN t8 SUBJECT TO ALL THE TERMS. E CLuaION&AND CONDITIONS of SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 00 ►OLCY auYlO POLICY vrlQVT i DATE(MM/IXWM N UWT1 TYP OF MW1A OATI p VOO/M L GENERALAOMQATE V 1 000 001 °lwtAUAWTf CBS14096 10/01/94 10/01/95 ,�rs AdO.coMP; 0 1,000,00, A X OENQRAI uAlllmr III PEAIONAL A ADV.INJURY • 500,00 OLAIIM MAD` XI OCCLOR l EAcn OOOURRKcl • 500,00 OWMI a OONTPACT7IM PRDT. i Films OAMA"(ARY aw Ib+t • 100 -1) WED.E%PL461 OM aro PVwq • OOM8040 VwUl • AUTOtlOiMI UAMW L"T WY AUTO WOLY INJLMtY • ALL OWNED AUTO! MW PN•�I . A i BODILY • IAA GAMOI UA#KftY , PROPERTY OAMAAE • EACH ooculNcl - "" NJ OCCURRENCEr AGGAEGATB - urrtltuu Pow - 0TIPGR THAN UNGRF .A POW BTAMOIIY LIMIT/ wasou t'l OOYP11"110p EACH ACCOW AltooatAK-POUcy Uuff - IMPWVW'UASIUTV I OMEAN-EtM[MPWM 1 OTN M mcrApTm of ommr4ws&ocA UU.1TlY6 ` CERTIFICATE HOB CANCEI•�r1oN $MOULD ANY OF THE ARM DEStRIBEO POLICIES at CANCELLED BEFORE THE r• Mr. Sears EXPIPATION DATE THEREOF,THE RUING C014PANYWILL ENDEAVOR TO hats's Path MAIL 10,-GAYS WRITTEN MorISF fOTHE CERTIFICATE HOLDER NAMEDTo THE .kings Way - LEFT,sun FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY)ONO UPON THE COMPANY,ITS AGENTS OR REPRE$ENTATNES. Yarmouth N71 02675 AUT14oftnO UpaISNTATIY{ ,I j o r , NOTES: 14 WINDOWS AND DOORS i SUPPLIED BY OWNER NEW LOCK FOR FRONT DOOR fy-w,lviod -^- ADD WwDow ' ; INSTALL WINDOW LOCKS } f m NEW ADD IT ION " i TPR ANKSNE I LD I , SHED ROOF OVER ` TANKS 100 _ RESHINGLE ROOF FRONT AND BACK I CRN GOODS i s STORAGE CS) I NEW ELBOW ! _ NEW ROOF I Ln jI ( I >x8 FAC1R 2X6X12 =� NEW RAKE BOARDS o �! DBL BED I I PRE—PRIMED — / lX8 0� NEW KITCHEN I — — i LAYOUT --�--II WOOD STOVE -4o CORRECT PIPING m it r"t _ ' I IiI I11I ' I � I � I I � i I � h- 1 I I �I j I I !' •' I FLOOR PLRN I +I 2X10 360 sq.ft. I I ! MAKE STEPS SHINGLE ADDITION I I WHITE CEDAR I BUNK BEDS ( ( i qX6 SUPPORT ! :SONRR TUBE I ! 8., I EXISTING COTTAGE SUPPORT 8X8X9 wlNoow BLOCK 3 " S IRON? DECK `N�ORMAN H_A.YES_ .._ __....-.- -362-V3477 P.O. BOX 281 +� W. BARNSTABI__E MA 02668 _ -•--'_-__.___._._._._.r.._..__.—..___._...............�..__....___._.__.._._........:. ... tt� f4?.Es^4 /4 e;,,_ t •��t �aRMp!•ltJd;.i! a7:� .�+���i^,`bR�:':. •�y�"•J.�-�� 'r—•� • i '� �,•;4 �..,_�`r_Y �/•�� r^ ;; P�I'T 1^•I �- i'� t�L' Y^trISC�•}^.... ._......._... ..- _....._._.- -- ADD ION ;. 3 it 4 8 ; _ Town of Bar Barnstable , 04 M .. Building _ s ��� ; Post This Card So That it is Visible From the Street Approved Plans Must be Retained on Job and this Card Must be Kept BARNv M"M S Posted Until Final Inspection Has Been Made.1639.° Permit ♦0 1l m cam Where a Certificate of Occupancy issRRequired,such Building shall Not be Occupied until a Final Inspection hasgbeen�made. Permit No. B-19-3576 Applicant Name: BARNSTABLE,TOWN OF(CON) Approvals Date Issued: 11/21/2019 Current Use: Structure Permit Type: Building-Deck Expiration Date: 05/21/2020 Foundation: Location: 80 SANDY NECK,WEST BARNSTABLE Map/Lot: 203-004 Zoning District: RF Sheathing: Owner on Record: BARNSTABLE,TOWN OF(CON) Contractor Name: Framing: 1 Address: JACKSON ISLAND TRUST Contractor License: 2 YARMOUTH PORT, MA 02675 Est. Project Cost: $3,000.00 Chimney: Description: Remove existing deck and replace with a new deck as well as Permit Fee: $ 110.00 I Insulation: improve existing footings on the deck and cottahe Fee Paid: $ 110.00 Project Review Req: Work limited to less than 50%of House foundation .r� Date: 11/21/2019 Final: � Plumbing/Gas } < I .� Rough Plumbing: Building Official This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months afterissuance. Final Plumbing: All work authorized by this permit shall conform to the approved application and the`approved construction documents for which this permit has been granted. Rough 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 Final Gas: work until the completion of the same. I i [ Electrical 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: Service: 1.Foundation or Footing r`J 2.Sheathing Inspection Rough: 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 Final: 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Low Voltage Rough: 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Work shall not proceed until the Inspector has approved the various stages of construction. Health "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Final: Building plans are to be available on site Fire Department All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT Final: ----- ------ ---- -------- ........ .. . f C 0; Application Number... ................................................ / ��S Cv Vcrh 0 � 1 10 . 6 0 MASS. h Permit Fee.......................................Other Fee........................ s639. TotalFee Paid............................................................... ...... TOWN OF BARNSTABLE Permit Approval by....UZ...............on..!! . J ... BUILDING PERMIT Map.......... PS.................Parcel..........D 1-1....................... APPLICATION Section 1 — Owner's Information and Project Location Project Address- SaVIOSA (Lqcv_ Owners Name C`n Ir t.<A t%an Owners Legal Address— 50.3 Nk e2n V)%5 QU City \J6Vrt10AQO V-� State zip q ziV-1 Owners Cell# -1-1 �50LA E-mail C. COW-\ Section 2 -Use of Structure Use Group El Commercial Structure over 3500 0 cubic feet cu❑ 0 Commercial Structure under 35,'00bic- A 3 pet El Single/Two Family Dwelling Section 3 -Type of Permit F-1 New Construction E] Move/Relocate EJ Accessory Structure El C11'ange,of use f; El Demo/(entire structure) E inish Basement El Family/Amne'sty El Fire Alarm Rebuild ��`Deck Apartment ❑El Sprinkler System F-1 Addition E] Retaining wall Solar ❑ Renovation Pool El Insulation Other-Specify Section 4 - Work Description t �'2�fY1�V� �e K(,SVk-rNq -t,�ec_ 0VV\C) C ac e, w vv-) (6ec (S's ,\MDT0Ve_ lex�sjr\lnm (-A naS o n ec)(, coAacw_ Last undated: 11/15/2018 Application Number.................................................... Section 5—Detail Cost of Proposed Construction 3 00 0© Square Footage of Project L4 Z© Age of Structure iq S uf0, ©I Dig Safe Number # Of Bedrooms Existing Total#Of Bedrooms (proposed) 110 MPH Wind.Zone Compliance Method ❑ MA Checklist ❑ WFCM Checklist ❑ Design- Section 6—Project Specifics ❑ Wiring ❑ Oil Tank Storage T ❑ Smoke Detectors ❑ Plumbing ❑ Gas ❑ Fire Suppression ❑ Heating System ❑ Masonry Chimney ❑Add/relocate bedroom Water Supply ❑ Public ❑ Private Sewage Disposal ❑ Municipal ❑ On Site Historic District ❑ Hyannis Historic District ❑ Old Kings Highway Debris Disposal Facility: zo,,rr%SkrW e I am using a crane ❑ Yes WNo Section 7—Flood Zone j Flood Zone Designation Z 0 hQ j Within or adjacent to a wetland, coastal bank?. Yes Ef No ❑ Section 8—Zoning Information i Zoning District Proposed Use Lot Area Sq. Ft. %A O.Cey, i Total Frontage Percentage of Lot Coverage #of Dwelling Units (on site) Setbacks Front Yard Required Proposed Rear Yard Required Proposed Side Yard Required Proposed Has this property had relief from the Zoning Board in the past? ❑ Yes LYJ No Last updated: 11/152018 3 S Z(a BUILDING DEPT, Cad ��� b'�4.C�, NO 1 8 2019 .. no-v zo I C� ve-, \ASS A-\rxck/--- BUILDING DEPT. NOV 18 2019 TOWN OF BARNSTABLE Legend FEMA,2014 CBRSA OPAs .� . .� •,,:-,« :`, s cF w.. z .. b,t.. „uz s..,� ..... � >.. QCOASTAL.BARRIERRESOURCES - - fM,.a .- �.: €� € .✓'.� ' .. /,i Qn.?* s"`,a ?- w € �,,.: V. (f; •t8r`.. r, '5Y5TEM' _ 0-OTHERWISE PROTECTED AREA 2014Flood Zones iD VE-Velocity Zone- i M AE-100 Year Flood i r h'r�"� •,./ �. _ ��� j•'�•; / ! € ' � ®AO 100 Year Flood 0.2%Annual Chance Flood WIN ! , ! / .�/� rf- e d-� 'Open Water Parcels Town Boundary Railroad Tracks Buildings k , !�'�. !! �' /, / ! / r. t� �� ... ° i• n�a�.�` '� { In Approx.Building. ,� - IM Buildings f f s $ Painted Lines f P,ROTEETE©ARE // ` Parking Lots El Paved ! a . . .; saved a Driveways ! f k V, •�� f� + a 13 Paved - Unpaved Roads E3 Paved Road % }'Unpaved Road Bridge 13 Paved Median - - - • a Streams Marsh Water Bodies .�"•4�, €2, s� t� ,psi. w � � "�,�,a'� �m�`..� �.,� �� a� a ..5� 5�,.. a. _�,...`,�'�; •n. 'SEE 3 r�� I •'�.,,�`e: e .�5 3a.. . � w iw,� �a.. d x , ti �k `��' "art � � •� � ' `�� �:��w �o�' ' CC L `L�ij•i � 1 A•,.by — 'C� i �u: �. ':.i1 .. , x >. .rssk$, 'C• S fi,., .`a`L tk'C-a e ;'` ..; ,'7 }ai��� �E • ,�"?La :V.?�,t �,,„yt\�5,�> rn(.yn� �. �.. fS`,y�.� k� `,$t,� R N����."�Yi#a .. ;n,. �.fa .:' ,.�&+ v:n.���� �Wj Ma ❑� .. Map printed on: 11/8/2019 This map is for illustration purposes only.It is not" Parcel lines shown on this map are only graphic Town of,Barnstable GIS Unit adequate for legal boundary determination or representations of-Assessor's tax parcels.They are Feet regulatory interpretation.This map does not represent not true property boundaries and do not represent 367 Main Street Hyannis,MA 026oi 0 167 333 an on-the-ground survey.It may be generalized,may not accurate relationships to physical objects on the map 5o8-862-4624 reflect current conditions,and may contain such as building locations. Approx.Scale: 1inch= 167 feet �' cartographic errors or omissions. gis@town.baritstable.ma.us 1 • A.� FP 7 �• h Mom,j. -- dr '[•c t ,.i, w.. R Vol tin I i • .- y T4 � "J� it II rr 6, +JW'i -4 y f• I f Massachusetts Department of Environmental Protection ;'THE c Bureau of Resource Protection - Wetlands ' WPA Form 2 — Determination of Applicability i D83H9Tr18t8, ! Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 163 9• pq9 and § 237-1 to § 237-14 Town of Barnstable Code DA- 190088 � A. General Information Important: When filling out From: forms on the Barnstable computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Jackson Island Trust c/o Christian Hayes return key. Name Name P.O. Box 137 r� Mailing Address Mailing Address East Sandwich MA 02537 Cityn*own State Zip Code Cityrrown State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Sketch plan on GIS by Norman Hayes 03/06/2019 Title Date Title Date Title Date 2. Date Request Filed: 03/06/2019 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40 and § 237-1 to§ 237-14 Town of Barnstable Code, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Replacement of an existing wood deck to include resetting existing piles and resetting footings on the associated cottage. Project Location: 80 Sandy Neck Road West Barnstable Street Address Village 203 004 Assessors Map Number Assessors Parcel Number wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.1016/04 Page 1 of 5 i I r Massachusetts Department of Environmental Protection ofzl{F c Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability a °e D8$A9TASLE, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 '°0 6 9 and § 237-1 to § 237-14 Town of Barnstable Code DA- 19008 '°�as,�, B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a"The boundary delineations of the following resource areas described on the referenced plans) are confirmed as accurate.Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Barnstable Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: § 237-1 to § 237-14 Town of Barnstable Code Chapter 237 Name Ordinance or Bylaw Citation wpaform2.doc-Request for Departmental Action Fee Transmittal Form-rev.10B/04 Page 2 of 5 Massachusetts Department of Environmental Protection �pTHE. o Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Y 89T�E, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 1639. and § 237-1 to § 237-14 Town of Barnstable Code DA- 19008aat,,Y ` B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Barnstable, Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. §237-1 to § 237-14 Town of Barnstable Code Chapter 237 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on @�by certified mail, return receipt requested on MAR 2 7 2019 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Barnstable Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see http://www.mass.gov/dep/about/region.find your.htm) and the property owner(if different from the applicant). Signatures: U10"�- � �, Date wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 4 of 5 I c J. Massachusetts Department of Environmental Protection o4�Krpo Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability L11 Y D9aa9TAHbE, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ''0 6 9. �09 and § 237-1 to § 237-14 Town of Barnstable Code DA- 190080 �&� B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ® 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. All debris to be removed off site and disposed of at a licensed facility. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require r the filing of a Notice of Intent, subject to the following conditions (if any). t ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the.filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•Request for Departmental Action Fee Transmittal Form-rev.10i8/04 Page 3 of 5 r A. ILIMassachusetts Department of Environmental Protection o4�Herc Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Y D6BD9TSBb8, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 °o $39. and § 237-1 to § 237-14 Town of Barnstable Code DA- 19008 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see http://www.mass.gov/dep/about/region.findyour.htm) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Departm*ent of-Environmenta! Protection,has no appellate jurisdiction. i wpaform2.doc-Request for Departmental Action Fee Transmittal Form-rev.1016104 Page 5 of 5 I RECEIVED APR 12 2019 BARNSTABLE CONSERVATION The Commonwealth of Massachusetts Department of Industrial Accidents Office of Invest1gations 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Bwlders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organizadon/Individual): ( 1 v �}I' 0-f Address' D em i S RG ow'I City/State/Zip: arrowwN ery MA Phone#: -770 " 8310 ,5SL1q Are you a-n employer?Check the appropriate box: Type of project(required): L❑ I am a employer with- 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. [ New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have 8. ['Demolition working for me in any capacity. employees and have workers' 9. ❑Building addition [No workers'comp.inmnmnce comp.insurance_ required] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3. I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself [No workers'comp. right of exemption per MGL 12.❑Roof repairs insurance ram]t C. 152,§1(4),and we have no employees. [No workers' 13.❑Other -D GGk comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors mast submit a new affidavit indicating such. :Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that isproviding workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lie.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify n the pains andPaAn-__ allies ofperjury that the information provided above is true and correct Si store: Date: Id '^`'3 ' ?O1C1 Phone#: rr'7u -' 8 36 S'50(4 Official use only. Do not write in this area,to be completed by city or town officiaL City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: l Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152,§25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required" Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority" Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number- The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 Tel.#617-727-4900 ext 406 or 1-877-MASSAM Fax#617-727-7749 Revised 4-24-07 www.mass.gov/dia r. P , Application Number........................................... Section 9- Construction Supervisor Name Telephone Number Address City State Zip License Number License Type Expiration Date P P Contractors Email Cell# �r I imderstand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable.Attach a copy of your license. i Signature f Date Section 10—Home Improvement Contractor I `f Name Telephone Number Address City State Zip Registration Number Expiration Date I understand my responsibilities under the rules and regulations for Home Improvement Contractors in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable.Attach a copy of your H.I.C... iSignature Date P - Section 11 —Home Owners License Exemption Home Owners Name: C h%-i i Or% ggeS Telephone Number TN .$34:,•SS4q Cell or Work Number - j I understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and ' documentation required by 780 CMR and the Town of Barnstable. Signature s — Date /6 • L3 ' ZOI C1 APPLICANT SIGNATURE P Signature ,, Date JO.2.3.7_0I Print Name G h r(.S� i aYl Telephone Number "1 4 • • 55L1y E-mail permit to: Gif Mk' Ca m Last updated. 11/15/2018 ... ..... ..... .... .... ._ Section 12 —Department Sign-Offs Health Department ❑ Zoning Board(if required) ❑ Historic District ❑ Site Plan Review(if required) ❑ Fire Department ❑ Conservation d i For commercial work,please take your plans directly to the fire department for approval Section 13— Owner's Authorization I, , as Owner of the. subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application for: (Address of job) Signature of Owner date Print Name L • J{ r f tt I Last updated 11/152018 i Town of Barnstable t � 3 ,� c� Regulatory Fxpires 6 monthsfrom issue date . g IC'y SeI'V1CeS Fee • snstvsreac.E. • 16,39. • Thomas F. Geiler,Director r Building Division Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.bamstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number_ z d,j- pdq Property Address Oa Residential Value of Work -2. S'00 Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address UlAr-,1&zz T /� :TL � DO jax a41 Contr ctor' N , same <� Telephone Number grog- Home Improvement Contractor License#(if applicable) iV 1,4 Construction Supervisor's License#(if applicable) A//0 X-PRESS PERMIT ❑Workman's Compensation Insurance Check one: APR 2 4 2012 I am a sole proprietor ❑ I am the Homeowner I have Worker's Compensation Insurance ` OWN OF BARNSTABLE Insurance Company Name Workman's Comp.Policy# Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) ❑ Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) Re-side Replacement Windows/doors/sliders.U-Value #of doors dL (maximum.35)#of windows!— *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License&Construction Supervisors License is required. 1 SIGNATURE: Q:\WPFILES\FORM uilding permit formsENP doc J'��6s � /✓ Revised 0518 The Comynonmealth of Massachusetts Department of Industrial Accide ris Office of Investigations IF 600 Washington Street Boston,MA 02111 wrwv mass gmldia Workers' Compensation Insurance Affidavits Bmldex-s/ContractarsJElectricians/Phumbers ApipUw,ant Information Please Print Lmbly Name U- Address. c�tyrst�t�a�: 1 � l-sty-�"7h-ti4�fi Are you an employer?Check the appropriate boa: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I employees(full and/or part-time)-* have hired the sub-contractors 6. ❑New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees. These sub-contractors have g_ ❑Demolition working for me in any capacity. employees and have wo&ers' [No workers'comp.insurance comp.insurance.1 9. ❑Building addition required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3.�kI am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself o workers'comp- right of exemption per MGL mrepairs su[ance required.]fP c.152, §1(41 and we have no 12.❑Roof employees.[No workers' 13.❑Other comp_insurance required_] 'Amy applicant Poet checks boa#1 must also fill out the section below showing then wmdiere compensation poRcy information- 1 Hameaunmera who submit this of ffii"indicating they are doing a14 woak and Poem hue outside contractors must submit a new affidavit indicating such rCouumctors that check this boat must attached an additional sheet showing the name of the sub-contaxom and state whether or not those entities have employees. If the cnbtaatactors Lave employees,they must provide their workers'comp.policy number. lam an employer that is prov&&W workers'cot gmmaion.insurance for my employem Below is the policy and Job site information. Insurance Company Nacre: Policy#or Self-ins-Lic.#: Expiration Date: Job Site Address: City/State/Zip- Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine ofup to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of1he DIA for ins rance coverage verification. I do hereby carti under thepains a penaNes ofpedkty that the information.provided above is ruse and correct Si Date: Phone#: O�ucial use only. Do not write in this area,to be completed by city or town o,(jrrciat City or Town: PermitUcense# Issuing Authority(circle one):: 1.Board of Health 2.Building Department 3.City/Town Cleric 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone 9: 6 of TME - a � • BARN6fABLE. • 9� 1639. � Town of Barnstable Regulatory Services Thomas F.Geiler,Director Building:Division M1 Thomas Perry,CBO Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner st Complete. and Sign T s Section If Using A B. ' der I, , a .Owner of the subject property reby authorize C G, Cry to act on my behalf, in all matters relative to work authorized by this g permit application for: L (Address Job) Si afore of Owner 6ate - Print Name If Property Owner is appl ng for permit,please complete the Homeowners License Exemption Form on the reverse side. QAWPFILESTORMS\building permit forms\EXPRESS.doc Revised 051811 t �t Town of Barnstable Regulatory Services snxxhta s i Thomas F. Geiler,Director °r ;o.,•``� Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-623 0 HOMEOWNER LICENSE EXEMPTION DATE: d24 JL61 Z— Please Print �JOB LOCATION: SG c)iw l) A(J number street village "HOMEOWNER" name home phone# work phone# CURRENT MAILING ADDRESS: Q city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two- family dwelling, attached or detached structures accessory to such use and/or farm structures. A person wbo constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. ° The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requireme_is and that he/she will comply w• said procedures and requirements./•—�� � ;�P6 re of omeown 7 Approval of Building Official Note: Three-family dwellings containing 3 5,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. ` HOA EOWNER'S'EXEMPTION - ,N The Code states that: "Any homeowner performing work for which a building permit is required shall'be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors); provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as-supervisor." Many homeowners who use this exemption are unaware that they are assuming the�responsibilities of a*supervisor (see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with-a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:\WPFILES\FORMS\building permit forms\EXPRESS.doc Revised 051811 t i 0pI}iE 'Town of Barnstable Permit# Erpires 6 ma the fr m issue date Regulatory Services Fee BARNSTABLE, 9c� ;39. Thomas F. Geiler,Director m plED MPr a Building Division Tom Perry, CBO, Building Commissioner - 200 Main Street, Hyannis, MA 02601 _ www.town.bamstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X Press Imprint Map/parcel Number 9c! j /Crrq Property Address e�Z3 ��/�-�„4 ®.Residential Value of Work teats Minimum fee of$35.00 for work under S6000.00 Owner's Name & Address /V,TP ,A"I—/Z,/ �� S Contractor's Name �i�iJ�s/i1�q;�' Ll �G/ S Telephone Number Home Improvement Contractor License#(if applicable)__/% 7 Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance X-PRESS HERMIT Check one: 1 am a sole proprietor APR 27 I am the Homeowner �0 � ��BARNS ❑ I have Worker's Compensation Insurance Insurance Company Name Workman's Comp. Policy# Copy of Insurance Compliance Certificate must accompany each permit. Permit Request heck box) ❑ Re-roof(stripping old shingles) All construction debris will be taken to ❑ Re-roof(not stripping. Going over existing layers of roof) i. ' r Re-side #of doors ® Replacement Windows/doors/sliders. U-Value (maximum .44)#of windows �/AIA od 'Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property OwnO must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License & Construction Supervisors License is required. SIGNATURE: r ? Q:�WPF ILES TORM2 building permit formslEXPR SS.doc Revised 0701 1 �j � The Commonwealth of Massachusetts i ^ i Department of Industrial Accidents d Office of Investigations 600 Washington Street. 1 .I Flu Boston, MA 02111 www.mass.g ov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please.Print Legibly Name (Business/Organization/Individual): 416M1/AI Address: B/_' ao� City/State/Zip: Phone #: /- `gg4— �76.6975' Are you an employer?Check the appropriate box: Type of project(required): 1. ❑ I am a with employer 4. ❑ I am a general contractor and I 6. ❑ New construction employees(full and/or part-time).* have hired the sub-contractors 2. ❑ I am a sole proprietor or partner- listed on the attached sheet. t ?• ❑ Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition working for me in any capacity. workers' comp. insurance. 9. ❑ Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their ME] Electrical repairs or additions 3. I am a homeowner doing all work right of exemption per MGL ME] Plumbing repairs or additions myself. [No workers' comp. c. 152, §](4),and we have no 12.❑ Roof repairs . insurance required.] t employees. [No workers' 13.5]C Other ge comp. insurance required.] *Any applicant that checks box#I must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that isproviding workers'compensation insurance for,my employees. Below is the policy and job site I information. Insurance Company Name: Policy#or Self-ins. Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct Si afore: , Date: d'f ZO// ^ Phone#: /-d Gg_ 91 - Offccial use only. Do not write in this area;to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1. Board of Health 2.Building Department 3. City(Town Clerk 4.Electrical Inspector 5. Plumbing Inspector 6. Other Information and .Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is d.efined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as"an individual,partnership, association, corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership,association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to,do,maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or`permit to operate a business or.to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the-affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information(if necessary) and under"Job Site Address"the applicant should write"all locations in (city or town).".A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,.MA 02111 Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE Fax# 617-727-7749 Revised 5-26-05 www.mass.gov/dia f Town of Barnstable of cite r yam 0 Regulatory Services, � A3M Thomas F. Geiler, Director �bs�� 1% Building Division PrED µA{ . Tom Perry, Building Commissioner 200 Main.Strect,_Ayannis,MA 02601 www.town.barnstable-ma.us Office: 508-862-4039 Fax:- 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: 64/Ze 1'k Ii JOB LOCATION: /VL4-,k- &1 ' � C ➢➢number J street village p ,1140MEOWNER": N6t-/Y1sl..tZ name home phone# work phone# CLIRRI NT MAE-NG ADDRESS: 0,142 t eiryho state rip code Tile current exemption for"homeowners"was extended to include owner-occupied dwellinU of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINMON OF HONLEOWT'ER Persons)who owns a parcel of land on which he/she resides or intends to reside, on which,there is, or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constrgcts more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit (Section 109.1.1) The undersigned `homeowner"assumes responsibility for compliance with the State B.uulding Cody and other applicable codes, bylaws,rules and regulations. The undersigned"homeowners'certifies that.he/she.umderstands the Town of Barnstable Building Department rrnnirnurn inspection procedures and requirements and that he/she will comply with said procedures and rc cnts. � i tort of Homcawn • Approval of Building.Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner perfbnTing work far which a building pcmrit is rcquirod shall be rx=ript from the provisions I of this secdon.(Section l om.1 -Licensing of construction Supervisors);provided that if the homeowner engages a pc sori(s)for hire to do such worYti that suCch Homeowner Shan act as supervisor." ?ri'any homeowners who use this mcmption arm unaware that they arc assuming the rcaponstbihties of a supervisor(sce Appendix Q, Rules&Regulations for Licensing construction Supervisors,Scction 2.15) This lack ofawarmess bft=resulrs in serious problems,particularly when the homeowner hires unliccnsed-persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To cnsurc that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that hdshe understands the responnbiliocs of a Supervisor. On the last page of this issue is e.form currcnt)y used by several towns. You may case t amend and adopt such a form/ccrtification for use in your commvniry. THE Town. of Barnstable o Regulatory Services 9MAMLB�E Thomas F. Geiler,Director u�'6 Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 vnv .town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 Properiyy awri Must Complete and Sig. his Section If Usin uilder as Owner of the subject.property hereby authorize to act on my behalf, M all matters relative to work au d by this building permit application for.. Address of Job tune of Owner Date rint Name If PrOpea eris applying for permit please complete. fine Homeowne_ License Exemption Form on .the reverse side. : . . : The Tower of Barnstable • s�Rysrns[�, • '� � Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner November 17, 1994 Mr. Jack Lyons 9725 Wyman Way Upper Marlboro, MD 20772 Re: Trail#5, Beach Point, Sandy Neck Dear Mr. Lyons: I regret to inform you that I must deny your building permit application at Trail #5, Beach Point,.Sandy Neck. The reason for this denial is the fact that you are considered a preexisting non-conforming structure by nature of the fact that you do not have acceptable road frontage. Preexisting non-conforming structures, in order to expand, must receive either a"Section 6" finding or a Special Permit from the Zoning Board of Appeals(ZBA). Since you are essentially building a new home, the ZBA must either grant a Special Permit, or if they believe it to be new construction, issue a Variance. If we can be of any assistance in helping you file with the ZBA, please let us know. Sincerely, / r Ralph M. Crossen Building Commissioner i t RMC/km Q941117A Town of Barnstable Planning Department _ .�nr►er,►ns = Staff Report-Appeal No. 1995-28&29 Lyons Special Permits Date: March 08, 1995 To: Zoning Bo Ap eals From: Robert P. 9-ckc—mig,Director Art Traczyk,Principal Planner Petition Summary Appeal"No. 1995-28&29 Lyons Applicant&Owner Jack Lyons Address: 9725 Wyman Way,Upper Marlboro,Maryland 20772 Property Location: Trial No. 5 Sandy Nock,-in West Barnstable,MA Assessor's Map/Parcel: 303-007. Zoning: RF-1 Residential F-1 Zoning District Applicant's Request: Appeal No. 1995-28 $pecial Permit in accordance with Section 3-1.3 (D), Conditional Uses,Windmills Appeal No. 1995-29 Special Permit in accordance with Section 4-4.2 Change of a Non-Conforming Use to remodel an existing cottage and add a second j floor. Time line: Filed,Jan 24,1995:Hearing March 15,1995: Decision Due June 13,1995 Background Information: The 6.03 acre lot located on the south side of Sandy Neck bordering on the Great Marshes and Barnstable Harbor. The locus is almost in line with Barnstable Marina. According to the Assessor's Record,the lot, is developed with an"825 sq.fL one story,unheated cottage structure and a 32'by 44'detached garage. + The five room cottage contains two bedrooms,one bath and no basement The applicant has been before the following Boards and Commissions: e Old King's Highway Regional Historic District Committee of the Town of Barnstable-Approved June 01, 1994. e Cape Cod Commission Development of Regional Impact-Approved with Conditions May 12, 1994 ' e Town of Barnstable Conservation Commission-Order of Conditions issued October 17, 1994 e Town of Barnstable Board of Health-Variance for on-site sewage disposal system,March 07, 1994 r° f i . This appeal was directed by the Building Commissioner to the Zoning Board of Appeals due to the fact ;•; that the lot upon whicli the building is located does not have frontage as required today. 4M Department Comments: Frontage&Access Concerns: �. Frontage,as defined in the Subdivision rules and Regulations is"The distance between the side boundaries of a lot,measured along the exterior line of whatever way or street serves as legal and ` practical access to the buildable portion of the lot." The trail system and access paths on Sandy Neck are not'ways'. They are not defined. The trail systems and major entrances to the Neck are vulnerable to flooding at high tide and during inclement Zoning Board of Appeals Staff Report 1995 28&29—Lyons t L I weather. The Trails and paths on the Neck normally becomes inundated during high tides and are usually impassable during common storms or high tides. It is not uncommon for the Neck to be inaccessible by land or water during storms. This cottage is one of 59+/-cottages located on Sandy Neck. All of the cottages are accessed from Sandy Neck Road at the entrance to the Neck through one of the sand trails or from the water side by boat only. This cottage is located just over 5 miles from Sandy Neck Road and is accessed by the"Jeep Trail"at the edge of the Great Marches to Trail No.5. It appears the site may also be-accessible from the water side through Elbow Creek. Although the Town of Barnstable owns 1,336 acres of the Neck,not all of the sand dune is publicly owned. This locus is one of those remaining private lots. Services to this section of the Neck are non- existing or extremely limited. Security on the Neck is provided by Sandy Neck Ranger patrols and are usually only once daily. Apparently fire and emergency would respond if called,however time of response would be hampered by the difficulty of access and apparatus would be limited No public utilities(water, gas,electric)exist of the Neck. Fuel heating and cooking all must be self generated or brought on to the Neck. Generally the cottages are self-sufficient. Appeal No. 1995-28 Windmill Conditional Permit During the previous permitting processes with,the Cape Cod Commission, Conservation,Old King's Highway Historic Commission hearings,no mention was made of a windmill. Is this windmill being repaired or reconstructed in any manner that might trigger the need for it to be approved by other Boards or Commissions? Will a building permit be necessary for this windmill?' The applicant is reminded that if a building permit is necessary for this windmill,it may require Old King's Highway Historic Commission approval and a building permit signed-off from the Conservation Department. Does this windmill exist and is it operational-has it been used within the last 5 years? Section 4-4.4 defines abandonment as not being used for five years. No detail plans for the windmill have been submitted(how high is it,single or multiple blades,any noise generated)? Section 3-1.3(3)(D)specifies the windmills as conditionally permitted"only a$an accessory use"to the principal permitted use which in this district is only single-family dwellings. Appeal No. 1995-29 To Expand the Cottage The proposal is to alter the one story,825 sq.ft.cottage structure and to rebuild a 1,380 sq.ft. two story building as per plans submitted. The new structure will be three bedrooms and two baths. The proposal is adding 555 sq.ft.to the existing structure size,a 67%increase in floor area. According to the application there is to be no increase in the structures foot print. Goldhirsh Considerations: In 1992,the"Goldhirsh Decision"(32 Mass.App. Ct.455)outlined a procedure for granting of Special Permits for the structural and use intensification of a non-conforming structure as a single and two- family dwelling. If this case is utilized by the applicant to justify the expansion,the Board may wish to first address if the Case is applicable. Goldhirsh is specific to single and two-family dwellings,in particular the case involved the change of a carriage house to single-family dwelling and the proposal to extend the non-conforming structure to include a second floor. The Lyon's structure is a cottage or seasonal dwelling. Barnstable's Zoning Ordinance defines a single family dwelling as"A detached residential building designed to be occupied by a single family." State Building Codes defines a dwelling unit as"A single unit providing complete,independent living facilities 2 I V Zoning Board of Appeals Staff Report 1995 28&29—Lyons for one or more persons including permanent provisions for living, sleeping,eating,cooking,and sanitation." ' This cottage has been utilized only seasonally. In the granting of relief,the Board of Health's Approval Condition No. 14,and the Cape Cod Commission's Approval,Condition No:2 stated that the structure's use is limited to seasonal use only. Does this structure and use qualify under Goldhirsh- as a single-family dwelling? Barnstable's Zoning Ordinance has no definition of a seasonal dwelling. Section 4-4.2-Non-conforming Situation: Section 4-4.2 of the Zoning Ordinance provides for the issuance of a Special Permit to a non-conforming situation and Section 5-3.3 provided the criteria for granting the permit. The applicant should be prepared to substantiate the legal non-conformity of the structure,lot and/or use as applicable. The second requirement is to prove that"the proposed change..."increasing the gross floor area 555 sq.ft. or 67% ,and adding of a second story,"is no more objectionable or substantially detrimental to the neighborhood...". Attachment: Application Forms&Plan Attachments Assessor's Record Cape Cod Commission Decision, Board of Health Variance Old King's Highway Approval Conservation Commission's Order of Conditions Goldhirsh Case&Case Law Update cc: Building Commissioner Conservation Board of Health Sandy Neck Ranger Legal Old King's Highway Historic District(Chairman) 3 TOM OF BARNSTARLB zoning Board of Appeals AN 2 4 N5 Application for a S29cial permit TON 01' Date Received B A -&Ffl�&`�uqe only: Town Clerk office eal # '95 A 24 P2 :49 Hearing Date Decision ecision Due 1 66', 1. The undersigned hereby applies to the zoning Board Of. Appea a for,a Special Permit, in the manner and for the reasons hereinafter set forth: Applicant Name: Jack K. Lyons Phone (301 ) 8680217 Applicant Address: 9725 Wyman Way, Upper Marlboro, Maryland, 20772 Property Location: . Treil # 5 Sandy Neck Property owner: Same as applicant Phone Address of owner: If applicant differs from owner, state nature of interest: Number of Years Owned: 2 years Assessor's Map/Parcel Number: 303/7 Zoning District: RF-1 Groundwater overlay District: AP 3-1 .3 Conditional' Usd's*- Windmill Special Permit Requested: 4-4 .2 Change- of Non-Conforming Use Cite Section i I�ltls Of the Zoning ordinance Description of Activity/Reason for Request: The applicant wishes to remodel an existing cottage -and' add a second floor on the same footprint. The new cottage will comply with all zoning requirements except frontage. The lot has no frontage. The applicant also wishes to maintain, a windmill on the property. Description of Construction Activity (if applicable) : see above Proposed Gross Floor Area to be Added: 820 sq.: Ft. Altered: 1380 Sq. Ft. Existing Level of Development of the Property - Number of Buildings: 9 Present use(s) : Cottage and garage —, Gross Floor Area: .2, 800± sq. ft. TOWN OF BARMSTARLg Zoning Board of Appeals A 2 d Application fore special Permit BH t TOWN OF BAR'NSTABL-. >.r ZONING BOARD OF A_P.;p` Date Received �:._.._•,. Town Clerk Office For office (use oniti• Hearing Date Decision Due The undersigned hereby applies to the Zoning Board of Appeals for a special Permit, in the manner and for the reasons hereinafter set forth: Applicant Name: Jack R. Lvons Phone 0011 8680217 Applicant Address: 9725 Wyman Way, Upper Marlboro, Maryland, 20772 Property Location: Trail # 5' ' Sandy Neck Property owner: same as applicant Phone Address of owner: sf appZ.icant differs from owner, state nature of interest: Number of Years owned: 2 years Assessors Hap/Parcel Number: 303/7 Zoning District: RF- Groundwater overlay District: AP 3-1 .3 Conditional Uses'- Windmill Special Permit Requested: ' 4-4.2 Change of Non-Conforming Use Cite section i Title of the Zoning ordinance Description of Activity/Reason for Request: The applicant wishes to remodel an existing cottage and• add a second floor on the same footprint. The new cottage will comply with all Zoning requirements except frontage, The lot has no frontage. The applicant also wishes to maintain a windmill on the property. Description of Construction Activity (if applicable : see above Proposed Gross Floor Area to be Added: 820 sq; Ft Altered: 1380 Sq. Ft. ;I Existing Level of Development of the Property - Number of Buildings: Present Use s) : Cottage and garage , Gross Floor Area: 2, 800t sq. ft. Application for a special Permit Is the property located in an Historic District? If yes OXE Use only: Yes (� ;•' No [ ] Plan Review Number Date Approved Is the building a designated Historic Landmark? Yes [ j No �C] If yes Historic Preservation De art Date Approved ment Use only: Have you applied for a building permit? i Has the Building Inspector refused a permit? Yes No [ J Yes No [ ] All applications for a special Permit require an a ' process must be successfull completed approved site Plan. That ' to the Zoning Board of y P Prior to submitting this application Appeals. For Buil ling De artment Use OnIve Not Required - Single Family [T Site Plan Review Number- Date�E2 ,ai signature: The following information must be sub®itted with the application at the time Of filing, failu requests re to supply this may result in a denial .of your 4• Three (3) copies of the completed application form, each with original signatures. ' Five (5) copies of a certified property surve the dimensions of the land, all wetlands, way ter(bodies and the land. plan)Plot showing surrounding roadways and the location of the existing improvements on Five (5) copies of a •proposed sits certified professional and. a pproved improvement plea, drawn by a is required for all by the Site Plan Review committee show the exact location Proposed' al1e�lopment activities. This plan must on the land and to a an improvements and alterations tructures. see "Contents of Site Plan", section 4-7.5 of the Zoning ordinance, for detailed requirements. The applicant may, submit an • assist the Board in making its additional documents to y '.signature: A**nrnev for Date .Jan. 24 , 195 AppltcantIa or Agents Signature Jack K. Lyons " Agent•s Address: P.O. Box 84, Hyannis, MA. 02601 Phone ( 508) 790-3030 Fax No.(508) 775-099.2 S Notice For Public Hearing The following are the most recent names, mailing addresses and corresponding Assessor's Hap b Parcel Numbers of the abutting property owners, the owners of land directly.-.-opposite on any public or private street or way, and all abutters to the abutters within Chree hundred (300) feet of the property lines of the subject property. Assessor's Map i Parcel Number Owner's Nana Address 303-5 Same as above 302-4 Same as above 302-4 Same as above 303-6 David A. Jones 15 Riverview 321-1 Nature Conservancy- 201 Deven h re St 321 -3 .Owners Unknown * M 0 T I C B Upon submission of application, it is required that all facts and documentation necessary to support the relief being sought be presented by the applicant. Failure to do so may result in the denial of the application at the scheduled hearing. i �_--_•�: :::-.__._.__..._.. ._._.__.__...�:. _.:.. .. ��+�\ ---pit FIT � III ' __._ � I � I� --•:... . .... - __ ICA .. -- �- Effl Ri ' ! 1 r ..._ •___--_.-. _ - ........ . .. .. . ._. _ - - 4.� - • • . _ I _ ---- .......... LMI • -- ... - -vJ��r �L�IA-rto�•l .__ K' �. r .t*77- 19 4A. 0' .OIO _ o OO t Q-F` V G �: --- - _-- - -ram':-�: - .• i�,i . t .For -ram , air 1 - - I fro' v moo,: G n � 4.-j • . �� ._. .I, 15,0� 0 1- - f— o (G• -y f�-- .8�0-- - o,. i T ;T i { � � •� (�RJINJL �- r SiZ., vuw C'sutwov, LOOUS L.� ,1 M n.• �s .. •.,. o ,:: LOCUS YAP f :Cr Ifr.t •w. . :.h ' N�1 • ••• W' 1_Tr U. A IAAA . .. • a. �..... N/T FRANOS CORIUM SITE RENEW ,CHARLES L.BASSETT PLAN OF LAND SAYUEL HOWES IN BARNSTABLE.MASS N/T y. NAIURE.CONSERYiNCIT ,� �ftb'p• ' 60TM LOT �:- • -�� CIfA-.-S:.NAsSl TT • ` r•Yrw:rw .Ilas . TOWN OF BARNSTABLE vlsF•rur soaR LCC 1333252'Lot 5or 9 i 1 LOT b` LOT a• bo _ q,;,, , LOT a Dsc LOT a ,..;' .f Ar. .•„ .r ••� .fi. p�T, �4 d w CHIESTERBONES lOT r•. - .,r .. goo COT i.A e.l•w•,f•. •a.a W ofRtl ? _L1.I4:.AC,. 'r;•' • T{if17SF1N+ o' ♦ n., l.. S.6 A _ R <. .. frY • .'La''i!i` PIR:fQY ` �• 9:". s .r.�-, /{ �_ •j' CHARLES C.Durso"* \ `^�4 ` ',S '. ` �, �.9 �tY: . "� 9 \• i lot! 4' 'rLOT t-�\Ir:. ♦. 3�;, '• Wafi/ wl PC TAur T• .' •' mow. Nit • . ...f .II .. ,• T •••:7[ O rr '.'1 Ulf , 1 s..l .„•r m - TOM!OF BARNSTABLE - II �. rRA'.ils BACJ'• Ll LANDATED t,lt%q IIEY TMIIU T/Ze,M Aa FREFARED t1 iNI S OFFIC4 FOR GEE DETAILS .... �.!•: - :�za-'h•'r�`„!� '!�Tlp:(:i�',.il •�.w�-•'rw . . ..1;••, '�'1 f.: •,�. '- ._ ..�._._. _ 0-06 IQPERTY ADDRESS I ZONING (DISTRICT CODE SP-OISTS.IDATE PRINTED(STATE I pCS �89AO �R33 ,1dDY NECK 04 RF-1 600 04xX cLAss LroTHER FE TURESDESCRIPTIONADJUSTMENT FACTORS 11/09/92 1G11 00 213 21 L.eo erro,ts s.e omens.n Y UNIT ADJ•D.UNIT L I C E Kco FF-D mtAan LOC./VR. PEC.CLAS ADJ. COND. P ACRES/UNITS VALUE De MAP- PRICE PRICE pLAND 10 1BLDG.SIT 1 x .2 J= 8 251 26999.99 54215.99 .25 13600 MBLD6lS)-CARD-1 : 1 17, p A2NT 4 1A[REAGE 1 X 6.0 =100 81 50 : 15800.00 6399.00 5.78 37000 MOTHER FEATURE 1 56,700 o�gfOF s BATHS 0.1 U X D= 100 MPL SANDY-NECK BARNSTABL ARKET T9T00 1490.90 1490.9T . 1.00 1500-B MRR 9906 A NO BSMjruu T S X . D= 100 7.85 6.1'2 ` 697 4300-8 NCOME NO HEAT S X D= 100 a2.35 i:83 697 1300-e SE J FIREPLACE U X D= 100 241�1.75 2411.75 1-U 2400 B PPRAISED VALUE � R61 DETGAR S 32 X 44 195 D= 43 A C25 4.77 . . 1403 6700 F ' 75:200 U ARCEL SUMMARY T f AND 50600 nn LOGS :17900 E -IMPS 6700 . N ' OTAI 75200 CNST EED REFERENC TI,P- DATE R-oo,t�.a R I O R: YEAR'V A L U E S 850387� qI /Tg� ° s.�.P.b. 1 AND 50600 31 LOGS 24600 OTAL 75200 1 , 1 1 _ BURDING PERMIT ESTIMATED-8 3 LAND LAND-ADJ INCOME SE SP-BLDS FEATURES BLD-ADJS UNITS Number D.0 Type A"w°"'" 50600 , 6700 4700-: Class Consl. Tasl ems•Ral- a in UniIs Umts A01.Rate A Age CND. LOC. M R.O. ROO.Coy,Nero 1 D 00 0 100-100 50.95 50.95 90 .50 41 4 3 "�"�' slat„ HMp1t1 Room Ref- - -F.. Prb-'.0 I.o. 105 95 39.9 44844 17900. 1.0 5 2 .1 1.0 Oeur plan Rate Squue Feel Repl.Cwl M%T.INDE%: 1.00 IMP.BY/DATE: � 1�01.00.. BAS. 10 0 0.9 5 697 3 5 512 SCALE: ELEMENTS E CONg7gUCT10N DETAIL FSF 90 5.86 64 2935 *-T7--- ---------.------T35----T-.---------* FEP 65 3.12 136 4504 ' ! ' FEP A ' TYLE 09 OTTAGE 0.0 FEP 65 3.12 ! - DESTGN-71WJR'r -00 ------------------Q:O 140 . 4637 ! ' ! � _ USF 60 0.57' 64 ' 1956 ! ' ! - EXTFR:YArES-- -Q1 WOO FIAAME-------U:O ! - ! RE -TYPE- -01 -'"'-U:0 ! ' IME--------- A . - NTEFi:FTNISH- -QQ ------------------U.O : 17. INTFR:LA700T -01 '--'--------- -----UFO 20 : 20 •. ..... BASE ! ' INTFR:➢UACTY- -02 711fE'71�"EXT :--U:O -----------------�=0 ! .. ! ' ! � FLDZTR-STiiUCT- -00 - E FLDTfR 7 CDUER-- E TelatAre.. Aux. 276 B.-. 761 ! - . A.' .. .. _ _ ____ -00 ------------------U:O BUILDING DIMENSIONS ° ! - / 00 T TPF QQ _________ T AS Y01 . S03 FSF S08 Y08 N08 E08 ! .*X• LEZTRITAr--- -00 ------------------ A 3 FOUN-QATI-aR U.0 BAS • Y25• FEP S08 E17•N08 Y17' +►-- - -00 -'--------------- - 7.-a-*-..-9----rtr--�r.17-r25---r*-r-8---*. -------------- eAS Y09 N20.FEP Y07 S20 E07 �'"- ----------------- 20 .. . BAS' E35 S1 7 .. ! ! ! -----SARDY-RE -C -TTAGES-'--------''--- 8 g 8 FEP r ! ' FSF ' ! - PARCEL- LAND +TOTAL, :MARKET *-------17---- -- ---8---* t AREA 50600 *75200 _ VARIANCE *0. -+0 • STANDARD :25 TOP OGRAPHY:1tLEVEL: "* iTOPOGRAPHY:4' ROLL'ING -*'UTILITIES 6 SEPTIC • ST-FEATURE 8=NONE •* 'ST. FEATURE * UTILITIES nw:l 1 .1 nr "I 1--- . ST. FFATIIna _ * I1TIL i1�tc .-�- ' SP=09248-0185 94-06-22 12*8 938161 CAPE COD COMMISSION Z 3225 MAIN STREET �l v P.O.Box 226 BARNSTABLE,MA o283o A SS 508.362.3828 FAX:508.362-3130 Date: May 12, 1994 To: Mr. Jack Lyons From: Cape Cod Commission ^� Re: Development of Regional Impact, Section 12 (e), Cape Cod Commission Act Project #: TR94007 Project: Lyon's Cottage Modification on,Sand yy Neck Barrier Beach, Barnstable, MA aWdi Joun1", SG4 Nec)�)Tf� P0. 5 Applicant: Mr. Jack Lyons 9725 Wyman Way Upper Marlboro, MD 20772 Lot/Parcel: Map 303,Parcel #7 Decision of the Cape Cod Commission Summary The Cape Cod Commission (Commission) hereby approves with conditions the application of Mr. Jack Lyons for a Development of Regional Impact (DRI) permit, under Section 12 (e) of the Cape Cod Commission Act (Act), c. 716 of the Acts of 1989, as amended. This decision is rendered pursuant to a vote of the Commission on May 12, 1994. Project Description The proposed project consists of the renovation and expansion of an existing cottage Lyons Cottage, Sandy Neck, Barnstable, MA May 12, 1994 Decision- #TR%007 1 I „ _ . BP:09248-0186 94-wo-22 12=58 #A161 ! I � i on an approximately six-acre site in Barnstable.MA. The project is located in the . southeastern section of the Sandy Neck Barrier Beach Area of Critical Environmental Concern. Sandy Neck is within the Old King's'Highway Regional i Historic District and Sandy Neck Cultural Resource District, which is included in the National Register of Historic Places. Sandy Neck is also designated as a scenic tment of Environmental Management and is landscape by the Massachusetts Depar with this designation outside the lower Cape. the only area on Cape Cod The existing one-story cottage, which was built circa 1875,was originally used as ad �I u nnin cottage and in later years as a summer residence. pitch pines, grasses Shrubs characteristic of the barrier beach landscape surround the cottage. The Great Marshes and Barnstable Harbor lie directly to the east and south. Procedural History The Lyons cottage was referred to the Cape Cod Commission under Section 12 (e) of he Ca Cod Commission Act as a discretionary referral on March 23,1994, acc Barnstable Town Manager, e t �I t Warren Rutherford. The Commission voted p the referral as a Development of Regional Impact on March 31, 1994. A ublic hearing was held on May 3, 1994 at the Barnstable Town Hall for the upipose of taking public testimony on the proposed project. A subcommittee meeting was also held on May 3, 1994 for the purpose of allowing the subcommittee to discuss the issues related to the project. A subcommittee meeting was held on !: May 9, 1994, at the Cape Cod Commission offices at which time the subcommittee voted on their recommendation to the Commission. . Materials Submitted for the record jQwn Submittals: aDiscretionary DRI referral form and attachments, dated March 23, 1994 •Notice of Intent and Appendices submitted to Town of Barnstable Conservation Commission for Remodeling and Repair, Title Septic S Mich Upgrade, 994e, and Dike Repair at Trail 5 on Sandy Neck in Barnstable, *Draft Sandy Neck Barrier Beach Management plan prepared by Town of Barnstable Natural Resource Department, dated •Massachusetts historical Commission Inventory Form for Bishop/Fogarty Cottage,. Sandy Neck Uplands, Barnstable, MA, dated January 1983, additions July 1983 *Executive Office of Environmental Affairs Designation of Sandy Neck Barrier Beach System as an Area of Critical Environmental Concern and Supporting Lyons Cottage,Sandy Neck, Barnstable,MA 2 May 12, 1994 Decision- #TR94007 z BP 109248-0187 94-06-22 12 s58 938161 r Findings, dated December 15, 1978 Staff Reports and Correspondence: *Cape Cod Commission Subcommittee Report dated May 9, 1994 *Cape Cod Commission Staff Report dated April 29, 1994 *Memo to Subcommittee members re: site visit, dated April 28, 1994 *Memo to Subcommittee members re: project information, dated April 28, I994 :Memo to Leslie-Ann Morse re: discretionary referral, dated April 13, 1994 •Memo to Subcommittee members re: public hearing, dated April 7, 1994 •DIU Notification Form to Norman Hayes, dated April 6. 1994 *Letter to Norman Hayes re: hardship exemptions, dated-March 5, 1994 (letter incorrectly dated March 5, 1994; actual date April 5, 1994) *Cape Cod Commission Staff Report dated March 30, 1994 Submittals from the Applicant: •Application for Development of Regional Impact, received April 19, 1994 *Letter from Leslie-Ann Morse re: Reservation of Rights, dated"April"19, 1994 -Elevation plans dated February 18, 1994 *Elevation plans dated February 18, 1994 showing red outline of existing cottage structure, submitted March 31, 1994 *Request for Certificate of Appropriateness from Old Kings Highway Historic District Committee, dated January 25, 1994 *Elevation plans dated April 28, 1994 *Photographs of Sandy Neck from Barnstable Harbor, submitted May 3,''1994 *Photographs (10) of existing cottage and of.cottage colony structures, submitted May 3, 1994 Submittals from Government AQe,,,_ncies• *Letter from Natural Heritage and Endangered Species Program, Division of Fisheries and Wildlife, re: Lyons Cottage, dated May 3, 1994 *Letter from Massachusetts Historical Commission re: need for further project information, dated April 22, 1994 *Letter from Massachusetts Historical Commission re: historic resources, dated May 9, 1994 Submittals from thepublic: *Statement from Nevin Weaver re: reasons for opposing Lyons Cottage Expansion, received May 3, 1994 The application and notice of public hearings relative thereto, the Commission's Lyons Cottage, Sandy Neck, Barnstable,MA May 12, 1994 Decision• OTR94007 3 BP:U9248-0188 94-06-22 12:58 C38161 staff reports, correspondence, notes and exhibits, minutes of all hearings and all written submissions received in the course of the proceedings are incorporated into the record by reference. ' Testimony At the May 3, 1994 hearing, testimony was presented by the applicant's attorney Ms. Leslie Ann Morse and Mr. Peter Coneen. Ms. Morse described the history behind the cottage and Mr. Lyons' ownership. Ms. Morse submitted several photographs for the record along with a revised architectural drawing showing a reduced building design. Ms. Morse discussed the several meetings that took place between the applicant, representatives from the town and Commission staff. She said that the meetings provided a forum for discussing the sensitive nature of the Sandy Neck Barrier Beach, the concerns of.the town and ways to meet the Commission's Minimum Performance Standards. Mr. Coneen, architect for the applicant, presented a brief history of how the design evolved to the present size. Mr. Coneen said that the building design was compared to the nearest cottages on Sandy Neck which are located on the point. The design went through the-Old King's Highway Regional Historic District review as well. Sarah Korjeff, Commission staff described the downsizing of the cottage as worked out in several meetings. The building size has been reduced and the town referring boards were generally satisfied with the final design, Ms. Korjeff said.. The applicant has addressed Minimum Performance Standard 2.2.2.3 that allows reconstruction on a barrier beach provided there is no increase in floor area or intensity-of use. The applicant has addressed the standard through a reduction of the total proposed building size and height and by building within the existing footprint, Ms. Pat Anderson, Barnstable Historic Commission read a statement into the record citing the importance of Sandy Neck Barrier Beach from a environmental, historical and archeological perspective. Mr. Rob Gatewood, Barnstable Conservation Agent, said that the project posed a threat to the character, setting and environmental sensitivity of the barrier beach and the town had wanted the Commission to set parameters for the development. Mr. Peter Freeman, Chair of the Old King's Highway Historic District, discussed the design history of the project and concluded that the Old King's Highway review was thorough and proper. Mr. David Martin, resident, asked the subcommittee to approve the project and Lyons Cottage, Sandy Neck, Barnstable,MA May 12, 1994 Decision- #TR94007 4 BP:09248-0189 94-06-22 12:58 #r38161 don't put the applicant in a "Catch-22" situation. Mr. Bums McCruber, resident, said that the building seems out of character on the Neck and that if this type of increase occurs elsewhere on the beach, there will be a significant cumulative impact on the resources. Mr. Nevin Weaver, resident, said that in his opinion,, the Title V septic variance does not satisfy environmental concerns. The trail system is also fragile and this should be taken into account Mr. Weaver said. Mr. William Swift, resident, said that the cottage should be approved. Mr. James Could, Chairman of the Barnstable Historic Commission, stated that he appreciates that the Cape Cod Commission accepted the discretionary referral, and that the overall setting is the key to the project's design. jurisdiction The proposed Lyons Cottage qualifies as a DRI under section 12 (e) where "a proposed development which does not exceed one of the specific thresholds in the interim standards and criteria set forth in subsection C.--may be referred to the commission by a municipal agency, in the municipality where the development is located,...provided that the commission accepts the referral as a development which may have regional impacts..." Findings The Commission has considered the application of Mr. jack Lyons for the renovation and expansion of an existing cottage located on Sandy Neck in Barnstable, MA, and based on consideration of such application and upon the information presented at the public hearings makes the following findings pursuant to section 12 of the Act: 1.) Sandy Neck Barrier Beach is,an extremely dynamic ecosystem sensitive to changes in use and particularly to changes In the intensity of use. Any threat to the existence of rare and endangered species that use the barrier beach, whether through actual takings or disturbance of habitat through'increased use, must be examined cautiously. Increased intensity of use could potentially threaten not only the habitat, floral and faunal diversity and rare and endangered species,but the potential also exists for destabilization of the dunes, and other landforms that characterize this Lyons Cottage,Sandy Neck,Barnstable, MA May 12, 1994 Decision- #7R94007 5 BFt09248-0180 84-06-22 12,58 438161 barrier beach. The town is best able to address the threat posed by cumulative increases in intensity of use on Sandy Neck through local and/or regional regulatory measures. 2.) Minimum Performance Standard 2.2.2.3 states that existing structures on a barrier beach may be reconstructed or renovated provided there is no increase in floor area or intensity of use. This standard seeks to prevent increases in intensity of use to prevent vehicle traffic in already stressed areas and additional human use that could potentially threaten the resources on site. The applicant has addressed the Minimum Performance Standard through a reduction of the total proposed building size and height and by building within the existing footprint. 3.) The applicant and his representatives stated on several occasions that they will not convert the existing cottage from a seasonal dwelling into a year round dwelling. The subcommittee acknowledges this commitment on the part of the applicant and finds that the dwelling will be used on a seasonal basis only. 4.) Natural resource concerns regarding the issues of dike repair and type and duration of construction techniques will be resolved at the local level. The town of Barnstable Conservation Commission has the authority to address the protection of natural resources and has stated confidence in their ability to address these concerns. 5.) To comply with Regional Polity Plan Minimum Performance Standard 7.1.2 (the distinguishing, original qualities of an historic building, structure ok"site and its environment shall be preserved) the applicant has retained the originAl historic gunning cottage and defined it as a component of the proposed design. 6.) To comply with Regional Policy Plan Minimum Performance Standard 7.2.1 (the height and scale of a structure and any addition to an existing building shall be compatible and harmonious with its site and existing surrounding buildings), the applicant has also reduced the overall height of the proposed structure to within the general height of the surrounding vegetation, and decreased the proposed mass of the building by approximately 35% so that it is in keeping with nearby structures in the cottage colony at the point of Sandy Neck. 7.) To comply with Regional Policy Plan Minimum Performance Standard 7.1.3 (development proposed on or adjacent to prehistoric or historic archaeological sites shall be configured so as to maintain and/or enhance such resources), the proposed structure will remain within the existing disturbed area of the site. The Massachusetts Historical Commission states that the proposed project is located in Lyons Cottage,Sandy Neck, Barnstable, MA May 12, 1994 Decision - #TR94007 6 BP=09248-0191 94-OS-22 12,58 938161 an area that has been previously disturbed and thus does not threaten archaeological resources in the Sandy Neck Cultural Resource District. 8.) The final design is approved based on building elevation plans dated April 28, 1994. Conclusion Based on the findings above, the Cape Cod Commission hereby concludes that the benefits of the proposed project outweigh the detriments. This conclusion is supported by the findings that the applicant will not convert the existing cottage from a seasonal dwelling into a year round dwelling, that he has reduced the height, scale and massing of the proposed structure to within the general height of the surrounding vegetation, that the historic gunning cottage will be preserved and defined as a component of the proposed structure, and that the project is designed on the footprint of the existing building or within previously disturbed areas so that archaeological resources will not be impacted. It is further supported by the finding that the Town of Barnstable is the only entity under the current regulatory framework able to address the threat posed by cumulative increases in intensity of use on Sandy Neck which may threaten the area's natural resources. Further, the Commission finds that the project is not more detrimental to the protected resource than would be allowable under Regional Policy Plan Goal 2.2.2. -` The Commission has reviewed the project against the Minimum Performance Standards in the Regional Policy Plan (RPP) and has determined that the project complies with the RPP. The project will be consistent with the Town of Barnstable zoning bylaws if the applicant obtains all necessary local permits and approvals. Conditions 3 . The Commission hereby approves with conditions the proposed renovation and expansion of the Lyons Cottage on Sandy Neck In Barnstable,MA, subject to the following conditions: 1.) The structure must be constructed as specified in plans notarized by the Cape Cod Commission clerk, dated April 28, 1994: 2.) 711is cottage is restricted to residential seasonal use. The cottage shall not be used for year-round residency. The above language is not Intended to restrict inspection, maintenance and/or repair, or short-term visitation to the property.. Lyons Cottage, Sandy Neck, Barnstable, MA May 12, 1994 Decision- #TR94007 7 ` BP:09248-0192 94-06-22 12:58 #38161 ' 3.) Prior to submission of the final building design plans to the Barnstable Building Inspector, the applicant or his representative shall provide these plans to the Cape Cod Commission for the purpose of verifying their consistency with those submitted on April 28, 1994. The clerk of the Commission will notarize these plans, which shall then be submitted to the Barnstable building department in application for a building permit. The Cape Cod Commission hereby grants Mr. jack Lyons an approval with conditions as a Development of Regional Impact, pursuant to Section 13 of the Act, for the renovation and expansion of the Lyons Cottage on Sandy Neck Barrier Beach In Barnstable, M.A. �+ ►-��t' (G'�1,.� ✓ i III David.H.Ernst,Chair --Date- COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. Su ld..and sworn to before me this day of 19 ary > fir,Obnrin sion expires: '•• rrs ' 7 T: Lyons Cottage, Sandy Neck, Barnstable, MA 4 ': May 12, 1994 Decision - #TR94007 8 s r Os It •.-�} 71, �•.; —�i'1 r •' -.X� + __ -__�•.7�.. _ _ -`'fir• co to '� Ste;f . � I ------�_ =�_�=- - -= - --- - -'_ • . ••... � •�� -- . - _ -.��- -• -�_ =; rim- Fr �o , L-,j•r� � 1�••CI.1" 1 .tip �t� •r';•J j�" -,: , ; : r'! ----�• ,�-.._ -"'—'�r w •m � �� - I .L'� .. 1 1 ��� ,_L•t�i� to Q • ///rYY�1�J T - m Im .. :v In OD --•_. .1 _ _ Ltl i_ f �..• - y'M�e'-i�.>s�aon!_ � .. , .., •�.•• :. :: _• tae�rl�I.ror.�.�c 0�;'�.1 i 1995 17: 41 617345802. THE BSC GROUP INS, PAGE 03 c TOWN OF BARNSTA13LE I' r� `n�• OFFICE OF } '•M � �Yt _ BOARD OF HEALTH 7 J9 d 367 MAIN STREET •`� HYANNIS.MASS.02601 March 7, 1994 + I • David Crispin, P.E. BSC Group 293 Washington Street Norwell, MA 02061 RE: A-303.007 Dear Mr. Crispins -� You are granted variances, on behalf of your client, Jack Lyons, to construct an onsite sewage diaposal . system at the end of Trail 5 on Sandy Neck, with the following conditions: i (1) Prior to obtaining a ' Disposal WorksfConstruction Permit, the well water shall be tested fcr all the parameters required by the Board of Health private Well Protection Regulation, dated June 1,. 1989. (2) The septic system shall be installed in strict accordance with the submitted plan dated revised November 8, 1993. ' (3) The proposed leaching chambers, manufactured by Infiltrator Systems Inc. ,' shall be installed in strict accordance with the conditions listed in the letter from the Massachusetts Department of Environmental Protection dated July 27, 1993 addressed to Stephen Dix (copy attached) . Condition3 states that the chambers must be installed by a trained installer who is certified by Infiltrator Systems Inc. A copy of the infiltrator .certification shall be submitted to the Health Department by the Installer prior to obtaining a permit. - The installer also must be t licensed by the Board of 8ealth. (4) The dwelling shall contain no more than 3 bedrooms. Dens, study rooms, sitting rooms, and similar rooms are considered as bedrooms according to the State DEP. The architectural plans dated February 18, 1994 shall be revised to show no more than three (3) bedrooms. The revised floor plans 02,"21/1995 17:41 61734580/ THE BSC GROUP It\ PAGE 94 ; f deed recording shall be submitted to the Board of Health prior to obtaining any- building permits. The variances are granted because the, existing system consists of a single cesspool which may be sitting in the groundwater— table. - Thus, the replacement system may alleviate a source of pollution to the marsh. Sincerely •yours, , Jcti�oseph C. Snow, M.D. g &irman Board of Health Town of Barnstable cc: Jack Lyons Norman Hayes Robert Gatewood JCS/bcs I Y + 1 /: 41 bl 134bUU2 1HL bbu UHUUH 1N, F'gUE 02 cf i To TOWN OF BARNSTABLE ,r OFFICE OF : DART� BOARD OF HEALTH + -�'T " 10196 367 MAIN STREET _ or�Y HYANNIS, MASS.02601 i .'. ���!J V'�i�%���) •" David Crispin, P.E. . November 22, 1993 BSC Group 293 Washington Street Norwell, MA 02061 Dear Mr. Crispin: You are granted variances, on behalf of your client, Jack Lyons, to construct an onsite sewage disposal system at the end of .Trail 5 on Sandy Neck, with the following conditions: (1) Prior to obtaining a Disposal Works Construction Permit, the well water shall be teeted`-'for all the parameters required by the Board of Xealth Private We11 Protection Regulation dated June 1, 1989. (2) The septic system shall be installed in strict accordance with the submitted plan dated revised November 8, 1993.' (3) The proposed leaching chambers, manufactured by Infiltrator Systems Inc. , shall be installed in strict, accordance with the conditions listed in the letter .from * the Massachusetts Department of Environmental, :.Protection'' dated July 270 1993 addressed " to Stephen .. Dix (copy attached) . Condition.. #3 states' that the chambers must be installed by -a" trained installer who is certified . -by Infiltrator - Systems'. Inc. A copy of the infiltrator certification shall be submitted to the Health Department by thw Tnataller prior to obtaining a permit. The installer also must be licensed by the Board of Health. The variances..' are granted because the existing system consists of"­a single cesspool which may -be - sitting in the groundwater table. ' Thus, the replacement system may .. alleviate a source of pollution to the marsh. Sincerely yours, usan G. dakt RS Acting Chairman TOWN OF BARNSTABLE cc: Jack Lyons BOARD OF HEALTH Norman Hayes Robert Gatewood JAN- 17-95 15. 33 FROM@ BARNS. .,3LE SCHOOL ADMIN ID. 1b08r006454 PACE' 2 ' ` Application to pro alp K;n s g Highway %ionA Historic District Committee �=f In the Town of 88mstabie for a , ►� aQd OPP CERTIFICATE OF APPROPRIATENESS Application is hereby made, in'triplicate, for the iswance of a Certifipte of A Acts and Resolves of Massachusetts. 1973, for proposed work pinOpriateness under Section 6 of Chapter 470,.. •ccomponying this application for: below and on plans, drawings or photographs CHECK CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑ New Building Indicate type of building: Addition M Alteration g ® Moue [� Garage ❑ Commarclal 2 Exterior Painting: ❑ ❑ Other l Signs or Billboards: ❑ New sign ❑ Existing sign 4. Structum: j3 Few ❑ Wafl ❑ Repainting existing sign ® Flagpole C3.Other TYPE OR PRINT LEGIBLY tPlease read other side for explanation and re"roments), DATE June 1. 1994 ADDRESS OF PROPOSED WORK Trail No. 5, Sandy Neck 303 ASSESSORS MAP NO. OWNER Mr. Jack L ons • ASSESSORS LOT No. 7 HOME ADDRESS 9725 Wyman waY, Upper Marlboro, MD TEL NO. 303-818-0217 FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Indude name of adjacent property owners across an street or way. (Attach additional dwit if naaeu"). ' y Public 1s Town of Barnstable Conservation COmMi88ion, 367 Main St:; FI an David A. Jones, 15 Riverview Street, N. Weymouth, MA Y nis, 82601 : 02191 _ _ . The Nature Conservancy, Sth Floor, 201 Devonshire St, Boston, MA 02108 AGENT OR CONTRACTOR Norman 'We Hayes, The BSc Group,, I nfkL N0. 617-659-7981 ' %DDRESS 293' Washington* Street, Norwell, MA 02061 )ETAILED DESCRIPTION OF PROPOSED WORK; Give atI vterials to be used, if specifications do not aceom putiailan vi work to be done(sae No.8,other side),including nations of new Signs. q palsy Plem. In the ease of signs,ire loeations of existin si On ( ttaeh additiond sheet,if newssaryj. to gm and proposed - See narrative contained in Jack Lyons' original January 25; 1994, - for 'specific details and a filing dated Pproved on February 23, 1994 . �"d roe bsiew line ro,Committee use, ,,ate • Hate is by .,,,•� -� Dan _ Y _� _ I ct BP:09420-0234 94-10-26 3:03 #620S 310 CMR 10.99 Forms oEOEF4*Na. tax 3-2752 � a ITe d•ororo�e ey t?EOEt • Commonwealth c,ty Tom Barnstable of Massachusetts am$ Apoucaet• Lyons wra Order of Conditions Massachusetts Wetlands Protection Act G.L.c. 131, §40 TOWN OP BJ=ST]IB1,E 0RDINRNf33$, ARTICLE XMI From ' Barnstable conservation Commission To Jack Lyons same (Name of Applicant) (Name of property owner► 9725 Wyman Way Address Upper Marlboro, MD 20772 Address Map Number 303 parcel Humber 7 This Order is issued and delivered as follows: = M by hand delivery to applicant or representative.on— October 17, 1994 (date) O by certified mail.return receipt requested on (date) This project is located at Trail ifs, Beach Point, Sandy Neck The property is recorded at the Registry of Deeds in Barnstable• Book 540 page 249 Certificate(if registered) The Notice of Intent for this project was filed on September 12, 1994 (date) September 27, 1994 The public hearing was closed on ----.(date) Findings The Barnstable conservation Urffiffl i peg nn has reviewed the above•relerenced Notice of intent and plans and has held a public hearing on the project.Based on the information available to the Commie ion at this time.the commisaien has determined that the area on which the proposed work is to be done is significant to the following in in accordance with t the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): 1 ❑ Public water supply C Flood control. [B'Land containing shellfish ❑ Private water supply Q� Storm damage prevention Q� Fisheries ❑ Ground water supply Prevention of pollution Cr Protection of wildlife habitat w �,i •+ Total Filing Fee Submitted 5280.00 She SJtard . tii27.SO i k CltyRown Share r i s 2_se (1h tee In excses of S25) ' Total Refund Due S_ CityJrown Portion S._._ State Portion S ' ARTxCLz 27 only: Oh total) 06 totaq (] public Trust Rights Q Agriculture (t�8rosion Control Q Aquaculture Q Rectreational ❑Effective 11J10J69 Historic GrAeathetic LP BP=09420-0235 94-10-26 3-'03 #62875 Therefore, the Barnstable conservation Commission hereby finds that the 1 following conditions are necessary, in accordance with the Performance standards not forth in the regulations, to protect these interests checked above. The Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ frogs the plans, specifications or other proposals submitted with the Notice of intent, the conditions shall control. General Conditional 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. This order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This order dose not relieve the permittee or Any-other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this order unless either of the following apply$ a) The work is a maintenance dredging project as provided for in the Act; or b) The time for completion has been extended,.to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are not forth in this Order. 5. This order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the order. 6. Any fill used in connection aitb this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administzative appeal periods from this order have elapsed or, if such an appeal has been filed, until all proceedings before the Dspsrtmont have been completed. Be No work shall be undertaken until the Final order has been recorded in the Registry of Deeds or the Land court for the .•• . r.LN•.<• ...►.•:.•.ws-'.H... ✓.Lr••r•••..r.w•rw�•��w.w..w.. 4. BN 09420-0236 94-10-26 3:03 66287S ; I district in which the land is located, within the chain of title of the affected property. in the came of recorded land, the linal order shall also be noted in the Registryfs ,orantor index under the name of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the commission on the form at the and of this order prior to i commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in' sise bearing the words, "Massachusetts Department of Environmental protection, file number BE 3-2752 •' 10. Where the Department of Environmental protection is requested to make a determination and to issue a superseding Order, the conservation commission' shall lie a•.party to all agency-proceedings and hearings before the Department. 11. Upon completion of the Work described herein, the applicant shall forthwith request in writing that a certificate of Compliance be issued stating that the work ham been satisfactorily com►ploted. 12. The work shall conform to the following plans and special conditions. fs 4 BPr09420-0237 94-10-26 3r03 #$2675 SE 3-2732 —Lyons Aproved Plans: July 25. 1994 Sewage Design,D.Crispin,P.B. Revised June 10, 1994,Elevation views dt construction d;W1(5 sheets),P.Coneen Sacrificial Dune Repair sketch plans(2 sheets) ' Findings: ' 1. The existing armourmcnt of the primary dune along the marsh trail(as shown on the approved plan)has no integrity as a coastal engineering structure. 2. The existing wood pier as shown on the approved plan is a derelict structure having no structural integrity. Special Conditions of Approval: 3. • General Conditions 1-12 on the proceeding peke am binding,and demand both your attention and compliance. j 4. Within one month of receipt of this Order of Conditions and prior to the commencement of any work approved herein,General Condition number 8(preceding page)-ahall bo complied with. S. The applicant shall pay for their Icgai advertisement as invoiced. 6. Approval shall be contingent upon receipt and approval of stamped foundation and sacrificial dune repair plans. Moreover,the foundation plans shall be revised to indicate that the footprint of the full basement remains the same as existing and the remaining crawlspace does nM exceed l8"in height. No work shall proceed until this contingency is satisfled. 7. Disturbance to existing vegetation in septic system and well construction shall be kept absolutely minimal. Disturbed areas shall be reclaimed In American beach grass,planted 12"on-center,or with other dune-compatible species with the approval of the Conservatoo Department. 8. Ditching shall be by small"ditch-witch"typo excavator. Dunes shall be restored to their original contour before revegctation. 9. Work on the project shall be tinted and sequenced to prevent adverse impacts to critical wildlife habitat and coastal resource areas. Prior to the start of work,the applicant shall submit a project schedule,barrier beach access proposal,and detailed work protocol to the Conservation Commission for its approval. 10. The work limit for the septic system shall be 4'off its north and west sides. 11. The work limit for the cottage repair shalt be 19'contour elevation south of the existing structure. 12. Prior to the start of wvrk,siltation fencing shall be set along the work limit lines.. Proper placement shall be verified by the project engineer. Effective sediment controls shall remain until the site is stabilized with vegetation. 13. The historic gunning shack portion of the existing cottage shall be preserved and successfully incorporated into the new dwelling. 14. The restored cottage shall be used seasonally only,not year round. r 77. Bf:09420-0238 94-10-26 3:03 #62975 15. No lawn shall be placed at the site. No unvegetaied dune shall remain Mouth or anal of the ,y restored cottage. This am shall be reclaimed in American beach grass 12"on canter or other dune-compatible species with tho approval of the Conservation Department. A 6'path to seaward may be maintained. 16. The site shall be thoroughly cleaned of debris: old cats,oil tanks,etc.,etc. This material shaU be removed from Sandy Nock and appropriately disposed of 17. The site shall be kept clean of demolition and Construction debris during the duration of the project. Demolition debris shalt be promptly removed(within one week). prior to tentoval,ft shall be covered with a tarp. All material shall be appropriately disposed of,off Sandy Nock,and In conformance with applicable regulations. . is. The existing gazebo shall be removed and shalt not be replaced. 19. The existing concrete pad east of the.cottage shall be removed and replaced with pervious material. The retaining wall shall remain. 20. The proposed dike repair southeast of the cottage shall ensue in the secondary dune only. Emergent salt marsh present between the primary and secondary dunes dW,bo protected by planking during this repair. 21. The repaired dune shall be planted in American beach grass, 12"on center. 22. Sand for the dune repair shall be clean and of compatible grain size with a4jacent secondaq dune sodiments. `may i 23. It is the responsibility of the applicant,owner and/or successors)to ensure that all conditions of this Order arc complied with. The project engineer and contractors ate to be piwAded with a copy of this Order and referenced documents before the commencement of eonstrnction. The foregoing condition shall not be construed to exempt project contractors from responsibility for any work performed in deviation with provisions of the Order of Conditions or with the detail of the plans of record. 24. The Conservation Commission.its employee&,and Its agents shall have a right of entry to inspect for compliance with the provisions of this Order of Conditions. ' 25. At the completion of work,or by the expiration of the present permit,the applicant shall requea In writing a Certificate of Compliance for the work herein pernitted. When a project has boat onmpletod in accordance with plans stamped by a registered professional enghmr, architect, landscape architect or land surveyor,a written statement by such a professional person certifying substantial compliance with the plans and setting forth what deviation, if any, exists with the record plans approved in the Order shall accompany the nquest for a Certificate of Compliance. • 6F':09420-0239 94-10-26 3:03 #6278 i 5 Issued By Barnstable Conservation Commission Signature(a) This Order must be signed by a majority of the Conservation Conunission. On this 17th day of October 1994 before me personally appeared Eric Strauss to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she e*SiV ed'the farne., as hial .%fr ct and deed. �� , • ...•.7� +' 1998 . . _ •� '�'.� _ November G Y�_- My commission expires The applicant.the owner,any person aggrieved by this Order,any owner of land abutting the land upba''ich the prpposed work is to be done or any ten residents of the city or town in which such land is located are here' nbpfied of•tNelr right to request the Department of Environmental Quality Engineering to Issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department within ten days from the date of issuan;e of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. BARNSTABLE REGISTRY OF DEEDS A A �54 32 Mass. App. Ct. 450 32 Mass. App. Ct. 455 455 I i ,-- 8akc► , Munga Goldhirsh v. McNear. I I T charges by the unit owners' organization are not subject to set-olf or some other form of self-help remedy.' See, e.g., Rivers Edge Condominium Assn. v. Rere. Inc., 390 Pa. � Super. 196, 199 (1990). See and compare Dockside Assn. v. BERNARD GOLDHIRSH vs. JOHN W. MCNEAR, individually De o-ens, 352 S.11.2d 714 (S.C. Ct. App.), aWd, 362 S.E.2d and as trustee' & others' 874 (S.C. 1987). Newport West Condominium Assoc. v. (and two companion cases'). Veniur, 350 NAV.2d 818, 821-822 (Mich. App. 1984). In view of the legitimacy of the charges and the lien as No. 9aP•adle. l established and the absence of any minimal factual predicate Suffolk.September 17. 1991.- April 28. 1992. mi this record to support the defendant's claims, particularly I• the abuse of process claim alleged solely "upon information Present: PERRErwA.PORADA. & LAURENCE.JJ. and belief*, sec P & F Constr. Corp. v. Friend Lumber Corp., 31 Mass. App. Cl. 57, 58-59 (1991), the judge did not Zoning, Nonconforming use or structure. err in dismissing all of the counterclaims. See Gennari v. Re- A carriage house converted to a single family structure was entitled to the ve•re. 23 mass. App. Ct. 979, 979-980 (1987). See also Tos- protection afforded residential structures by the second "except" clause 11e11- V. Chelins irrd tillage Condominium Assn., 397 Mass. of the first paragraph of G. L. c. 40A, 16, and a similar by-law provi- at 686, Kouruuvacilis v. General Motors Corp., 410 Mass. sion, where the structure was nonconforming by reason of its setback 706. 71 1-710 ( 1991). and not its use. 1458-4601 Where a town's board of appeals failed to consider whether a proposed full second story addition within the foundational footprint of a single-fam- Judgment affiirnred. ily residence that was nonconforming with respect to a setback require- ment would intensify the existing nonconformity or result in additional ; nonconformity, the case was to be remanded to the board for such a determination. 1460-4611 CIVIL ACTIONS commenced in the Land Court Department on .January 3, 1989; March 6, 1989; and March 16, 1989, resjlectively. The cases were consolidated for trial and were heard by Alarilyn 1t1. Sullivan, J. - Aevin U. Dalton for the plaintiff. ,I he nodion dial a unit owner may in some circumstances be able to .h Ott "bad faith" should give no comfort to the litigious (or even the un- -- 10% conicniiou.l because a unit owner's complaints should in most cases 'John W. McNear owns a one-third undivided interest in the property in Ise tilehis individual capacity subject nl a separate claim. The defendant's pending civil rights p y and an additional one-third undivided interest as trustee under a will. The final one-third undivided interest is owned by the a.tn,n in I edrral court. ttith which he alleged he sought to consolidate the � ,•. I',C%CnI atlron. %could nul operate to excuse payment of common charges in defendants John W. McNear, Jr., Joan K. McNear, and Kimberly 1. tlu. r.,.c I he imlependcnt nature of the covenant to pay in timely fashion McNear. In referring to McNear throughout this opinion, we refet to all t0n,iin►it charges to the condominium unit owner's organization is implicit the McNear defendants. m Ihe contractual agreement of the association's members that mainte Board of appeals of Manchester, John W. McNear, Jr., Joan K. M .mtc chino. and other proper assessments are necessary to the sound cNear, and Kimberly I. McNear. n .mh�nnE lin:otcial inanagcment and stability of the entire complex. l he companion cases involve substantially the same parties. 456 32 Mass. App. Ct. 455 32 Mass. App. Ct. 455 457 Goldhirsh v. McNear. Goldhirsh v. McNar. Charles G. Aadison Jr. (Francis L. Flatley with him) for be made except that any such non-conforming building may the defendants. be added to, enlarged, reconstructed or replaced, and such PURRt:trA. J. By appeal from a Land Court judgment in addition, enlargement, reconstruction or replacement used these consolidated cases, we are required to determine / for the purpose or for a purpose substantially similar to the whether a carriage house, which was converted to a single- purpose, for which the original building may lawfully be used family structure, is entitled to the protection afforded resi- if authorized by the Board . . . ." A variance from the dcntial structures by the second "except" clause of the first street setback requirement was granted to the then owner in paragraph of G. L. c. 40A, § 6, and the similar by-law pro- 1953, so that a one-car garage and a "wind-way" could be vision. We conclude that the building is entitled to that pro- built. section, but, because the defendant board failed to consider In 1955, the owner decided to sell the property, but the whether the owners' changes to the residential structure prospective buyer was concerned about whether the structure would increase its nonconforming nature, we reverse the could be used lawfully as a single-family residence. To put judgment. all doubts to rest, the owner applied to the board for a vari- 1. The history of the structure. We describe the history of ance "to alter and to maintain the dwelling house on the . . the structure as it appears in the trial judge's decision, which lot as a private dwelling in its present location . . . which is was based upon the parties' agreed statement of facts. The nearer to the street line and the northerly side line than is structure was built as a carriage house in the late Nineteenth permitted . . ." This variance was granted, and the McNear Century upon an estate in Manchester. It was situated only = family purchased the property. two feet from the side line of the lot upon which the owner's Some thirty-two years later, McNear applied for a build- main house, or dwelling, was also located. I ing permit to make alterations to the structure. The applica- In 1945. Manchester adopted its zoning by-law. The prop- tion incorrectly recited that the property had never been the crty in question was zoned for single-family residential and ( subject of a variance and described the proposed alterations accessary use. By definition, an accessory use did not include as the enclosure of an existing deck, the addition of a second dwellings. However. a garage or stable could be used as liv- I deck, and interior alterations. The building inspector granted ing quarters for qn employee of the owner of the house to the application on September 30, 1997. Two months later, which the garage or stable was accessory. The by-law pro I 'McNear filed an additional application seeking to replace the vidcd that only a one-story accessory structure could be built j existing dormers with a full second level to the carriage within tN-cnty feet of the side Iodine but not within five feet ' douse. of that line. The carriage house protruded three feet into the - Reasoning that this work would be'a vertical expansion of required sidelot setback distance and was, therefore, a non- the carriage house within its original nonconforming foot- confornting structure. print, the building inspector also granted this application. Several pertinent events occurred between 1952 and 1953. Goldhirsh, an abutter, attempted to.stop the work but made In September, 1952, that part of the land upon which the some procedural mistakes. Many of the alterations and the carriage house was located was conveyed out from the main I -� improvements had been undertaken and som ,-completed estate. Next, the structure was converted to a single-family before he formally requested the building inspector to en- ; dwelling sometime between 1952 and 1953. At that time, § force the zoning by-law. The building inspector then deter- IV(A) of the by-law provided, in part: "No increase in the mined that because the property had been the subject of a extent of the non-conforming use of the building or land may variance in 1955 (a fact unknown to him when he granted . 1. 458 32 Mass. App. Ct. 455 32 Mass. App. Ct. 455 459 t Guldhirsh r•. McNar. Goldhirsh Y. McNear. the permits), McNear would need-a variance before he could ential treatment only where the nonconforming building was continue wffh•the work. The board granted McNear a special used as a residence at the time of the adoption of the by-law permit for the�work requested on the first application and making the structure nonconforming. Because there was no concluded that he had the right to expand vertically within �) evidence, his argument continues, to show that anyone re- the structure's original footprint. sided in the carriage house in 1945, it could not thereafter be During the proceedings on his appeal to the Land Court, used lawfully as a dwelling without a variance. He cites Goldhirsh withdrew his objections to the granting of the spe- cial permit and confined his objections to the work within the , ' footprint.' The trial judge concluded that as the structure ' Ct. 527, 531 (1990), as support for his premise that the 1955 could be legally used for residential purposes under the 1945 = variance does not provide McNear with a basis for claiming by-law, even if not enlarged, the 1955 variance was immate- the protection which the statute and by-law afford residential rial; it was the structuwaiind not its use which was noncon- structures. forming. 13ecausc the additions and alterations were within We agree with the trial judge that the 1955 variance is the preexisting footprint, she concluded that the board had immaterial to the resolution of the dispute. That the carriage correctly determined that McNear was entitled to make the house might not have been occupied by an employee of the changes. owner of the main house in 1945, or anyone else, does not 2. The zoning .statute and bj--law. As here pertinent, the change the fact that the property was in a district zoned for first paragraph of G. L. c. 40A, § 6, as inserted by residential use. There can be no dispute that had the struc- St. 1975, c. 808, § 3, reads: "Except as hereinafter pro- ture been situated farther back from the side lotline, its use vided, a zoning ordinance or by-law . . . shall apply . . . to as a residence would have been lawful without a variance. any alteration of a structure . . . to provide for its use for a Compare Mendes v. Board of Appeals of Barnstable, 28 substantially dilfcrcnt purpose or for the same purpose in a Mass. App. Ct. at 530, where the building was not in exis- substantially differctit manner or to a substantially greater tence when the by-law was adopted and the variance allowed extent except %%-here alteration, reconstruction, extension or the owners to construct a commercial building in a residen- structural change to a single or two-family residential struc- tial zone. turc does not increase the nonconforming nature of said Even assuming that the structure could not have been used structure" (emphasis supplied). Goldhirsh claims that as a single-family residence without the granting of a use va- McNear is not entitled to the special treatment afforded resi- riance, our conclusion, that the carriage house is entitled to dential structures by § 6 and a 1984 amendment to the by- the special protection afforded residential structures, would law.' Ile argues that residential structures are given prefer- be no different. In applying the second "except" clause of § 6 l and the by-law to the present structure, the appropriate focus 'There is no need to discuss hlcNear's contention that Goldhirsh is not is not how or when the nonconforming building came to be in aggricvcd person. See Chongris v. Board oj'appeals of Andover. 17 used as asingle-fancily dwelling. Rather, the question is Mass. App. Ct. 999. 1000 (1984). and cases therein cited; Cummings v. c'rry Council of Gloucester, 28 Mass. App. Ci. 345. 349.350 (19901. whether the proposed changes to the nonconforming residen- 'In 1984. Manchester added a second sentence to § 6.1.2 of its by-law. tial structure will increase its nonconforming nature. As ex- A5 in effect in 1987. the by-law tracks G. L. e. 40A. § 6, in substance .110k reads: "A nonconforming structure or use may be changed. extended r dltcrcd, pnssidcd that in each case the Board of Appeals grants a spe the existing nonconforming structure or use. The above requirement does �lal'permil nc�rcfur after finding that such change, extension or alteration not apply to such art extension, alteration, reconstruction or structure change to a single or two family residential structure that does not in- 1, nUt suhsr.uui.rll) more detrimental or injurious to the neighborhood than crease the nonconformine nit.— �r ,r,.,, , rin•^ � 1 460 32 Mass. App. Ct. 455 32 Klass. App. Ct. 455 461 Goldhirsh Y. AtcNear' Goldhirsh v. McNear. plained in Rockwood v. The Snow Inn Corp., 409 Klass. 361, an increase in the structure's nonconformity, protrusion into 364 (1991): Nf the first and second sentence (of § 61 are the setback area. read together, [lie statute permits extensions :ind changes to In Willard, an addition which would protrude beyond the nonconforming structures if (1) the extensions or changes C I existing footprint was found to constitute an increase in the themselves comply with the ordinance or by-law, and (2) the nonconforming nature of the structure. However, we see structures as extended or changed are found to be not sub- nothing in Willard which supports the proposition that there stantially more detrimental to the neighborhood than the = will never be an increase in a structure's nonconforming na- preexisting nonconforming structure or structures . . . . [AJs ? I cure where the proposed alterations are confined to the ex- to a single or two-family residence, structures to which the - istin.9 footprint. statute appears to give special g � 'PP g p protection, the zoning ordi- Whether the addition of a second level to the carriage nancc or by-law applies.to a reconstruction, extension, or house will intensify the nonconformity is a matter which change that 'would intensify the existing nonconformities or must be determined by the board in the first instance. The result in additional ones.' Willard v. Board of Appeals of fact that there will be no enlargement of the foundational Orleans, 25 Mass. App. Ci. 15, 22 (1987)." footprint is but one factor to be considered in making the As set out in Willard v. Board of Appeals of Orleans, 25 necessary determination or findings. See Fitzsimonds v. Mass. App. Ct. 15, 21-22 (1987), an application for changes Board of Appeals of Chatham, 21 Mass. App. Ct. at 57; to a residential structure "requir[es] a board of appeals to Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. identify [lie- particular respect or respects in which the ex- at 21-23. Cf. Nichols v. Board of Zoning Appeal of Cam- isting structure does not conform to the requirements of the _� bridge, 26 Klass. App. Ct. 631, 634 (1988). present by-law and then determine whether the proposed al- 4. Conclusion. The judgment is reversed, and a new judg- teration or addition would intensify the existing nonconformi- ment is to enter annulling so much of the decision of the tics or result in additional ones." Should the board conclude board of appeals as provides that the defendants are entitled ilia[ there will be no intensification or addition, the applicant as matter of right to make those alterations which do not %%ill be entitled to the issuance of a special permit. If the expand the foundational footprint of the structure. The judg- conclusion is otherwise, the applicant will be required to ment shall also provide that the cases are to be remanded to show that the change will not be "substantially more detri- the board for further proceedings consistent with this opin- mental than [lie existing nonconforming structure or use to ion; the board, after new notices under G. L. c. 40A, § 11, j the neighborhood." Id. at 21. See also Fitzsimonds v. Board may rehear the matter for the purpose of taking further evi- uf Appeals of Chatham, 21 Mass. App. Ct. 53, 56 (1985). dence; the board shall render a new decision; the Land Court 3. The decisions of the board and the trial judge. The de- t may retain jurisdiction over the cases; costs of appeal are not termination required by Fitzsimonds and Willard was not to be awarded to any party. made by either the board or the trial judge. It appears from both decisions that the determination was deemed unneces- So ordered. nary for the reason that the changes to the structure were a vertical expansion which did not exceed the by-law's height limitation. Since the vertical expansion was within the preex- isting foundational footprint, the change could not result in ZONING AND SUBDIVISION CASE LAW UPDATE: aANUARy i -- OCTOM i, 1992 by Martin R. Healy The rough edges of Massachusetts zoning and subdivision The continue to be reshaped by reported judicial opinions. mmentary which follows deal$ with zoning and subdivision decisions from Massachusetts appallats courts thus far in 1s92• ZONTIM RE EF 9 name♦ -R NOPI--CO I. G.L. C.40A $6, first paragraph, requires a "finding" by the permit granting authority (or special pa=it granting authoritY designated by the ordinance or bylaw) before any (i) change or substantial • extension of a lawful nonconforming use, or (ii) raconatruetion, axtension, or structural change of a lawfully- nonconforming Structure, or (i®i to=1 ids use for a sub t ntiially conforming structure to provid different pul-peas or for the same purpose in a substantially different manner or to a substantially gr08tter extent. The required finding is that "such change, extension or alteration shall not be substantially. 'More se u at imen aneighborhood."thanaaxisti nonconformipg• Ettructure 1 Statutory language of G.L. c.40A 16, -first paragraph, on its face appears to exempt from this requirement any "alteration, recon- struction, extension or structural change to a single or two-family residential structure (which) does not increase t#e nonconforming nature of said structure. 41 After . V. mom. 32 Mass. APP% Ct. 455 (1992) , if proposed alterations affect the nonconforming aspect of a lawfully nonconforming single or two-family structure, the determination n that the alterations do not increase the nonconforming nature of said structure's can no longer be left to the zoning anforcoment officer even if the alterations are entirely confined-r within i he existing building envelope. In those instances, cold imposes the Following five-stop procedures 1. An application for permission to alterV must be made to I/ Tho bracketad wards were suppliad by Will v• Board 21 Ap AR1 s of Orleana, 28 Maea. App. C"-. 15, 21 (1987) . V Presumably, interior alterations would not be subject to this procedure. See WChnla v. Bngrd mf %2 ing Auyeal of (continued. . . ) 1 t• • r ..r the permit granting authority (or special permit granting' authority designated by the ordinanoe or bylaw) . 2. The board identifies "the particular respect or raspects in which the existing structure does not aonforia to the requirements or the present" zoning. 3. The board then determines "whether the proposed altor- ation or addition would intensity the existing nonconformities or result ii1 additional ones. 4. "Should the. board conclude that there will be no inten- sitioation or addition, the applicant will. be entitled to the issuance of a special permit.11V 5. . "1f the conclusion is otherwise, the applicant will bs required to show that the change will not be 'substantially more detrimental than the existing t ;r 'J (. . .continued) PaMbXidge, 25 Hass.. App. Ct. 631, 6341. n.6 (1988)'. Likewise, alterations which do not affect the nonconforming aspect of the structure should not be subject to this procedure.. Havazrtheless, if the nonconforming aspect of the structure is affected in any way, and where the municipal zoning law so provides with explicit language, OVen relatively minor-" and innocuous alterations to a nonconforming structure may require zoning relief. In •m, - - minor "alterations" of a nonconforming structure intruding into a ' sidayard, accompanied by a change from a lawful accessory garage use to a lawfully accessory architect's home office, required a special permit under the Cambridge zoning ordinance. The Halter- '. :. •..L... ations" that triggered the requirement were installation of utilitiaa, interior fixtures; carpeting, an interior wall, dropping the ceiling, placing wooden planks over the garage doors, rashingling the roof, enlargement of one window, and installation of storm windows. Id. at 632 n.2. G.L. c.40A 56 "authorises, but does not require, a munici- pality to chose a special permit application an the procedure for extension or alteration of a nonconforming ua4. " Shrew hury Eaaeners Asooca. Ltd, pnrtnersh u v. bodrd' of Anngals of ghT�lwnbury, 409 Mass. 317, 322 (1991) , 2 nonconforming structure or use to the neighborhood. aoldhirrtht ga at 460. A nonconforming single or two-family structure is not dis- qualified from being treated as lawfully nonconforming and®z;;-G.L. o. 40A §6 even if the nonconformity was established by a variance. ZA 9 at 469.11 Before Goldhirah, Land Court O?udge Xarilyn M. Sullivan construed G.L. c.40A §6 as allowing as of right modifications of nonconforming single and two-family structures, without resort to the permit granting authority, where the alterations affectad the nonconforming aspect of the structure but war* eomplataly confined within the pre-existing building "envelops#' as dafined by the building footprint and height. Under Judge Sullivan's approach, such alterations as a matter of lav did not "increase the nonconforming nature of .said structure". In 22ldhirsh that safe haven was dashed. Tha proposed alter- ation in 92ldhirah added a second story above an existing first story which intruded into the required yard. Even though the second story addition was completely confined within the building footprint and was under the applicable height limitation, the court dac:.ded that G.L. a. 40A §6 mandated the five-stew -process outlined above, and remanded to the board of appeals for compliance. TI. Yg G gOA 46 TU $$I== TOLERAN= gilt, x�BE GIVEN To NQ2,i QNFQ MTN . V8E ��? The predecessor of G.L. c.40A 96 was described .as prescribing "the minimum tolerance which must be given to noncbntorminq uses." ,fib, jl v. 26n nv Board of Ammaal .2f Attleboro, 344 Mass. 406, 411 (1962) . Based on this premiss many zoning practitioners concluded that municipal zoning laws could provide grae;ar tolerance and Under Bookwood v. =0 Snow Inn C X2. , 409 Hass. 161, 364 (1991) , a different standard was established for dimensional changes to nonconforming structures other than single and two- family rasidences. Thar* the court concluded that noncomplying dimensional alterations of noncomplying structures required L,- a section 6 tinding and a variance from the unaatiafiad zoning dimensional raquiroments. The G42dhirsh court distinguished the rule for single and two-family structures from tnat applicable to other nonconforming uses and structures. Sao Mandan v. Boa d of Annnald Barnstable, 28 Mass. • App. Ct. 527, 331, rev. dgni®d, 407 Mass. 1103 (1990) (a use establishod by a variance is not a "noncon- 1or::ing" use within the meaning of G.L. c. 40A j8) . 3 sume a proposed change to a nonconforming As structure, which change in not protsetod by a =reeze or otherwise. Law attar • structure I� 8tructurs ie 1 Not l or 2-Family Family j . srmit Board datermi- a' is insubstantial only a- building .g nation necse' Chang is neaassary. and doesn't increase aQry nonconformities. Board deterai- Changd is ingubaanonal sa �6 butinee a on s- nation WA 66 and does increase - finding n0css- conformities var ants nary Booard dates--mi- change is substantial nscess&ry finding nation neaes- and doesn't inaraAS& saryu nonconformiti®s Section Zinding and Board datet'mi- Change is substantial va ianae6nocsssary •ration � 16 and does increase n finding neces- conformitios _ saxy I/ This result may be difrarent when the o ysical' alterations ' do not touch or concern the dimensionally n the atruoture. result mA be diffarsnt when the physical alterations � This r Y aspect of do not touch or concern the dimensionally nonconforming . the structur©. p ^ 1 J r ' C. L. c. 40A, 56, brat paragraph, first sontohaa "Except as hereinafter provided, a zoning ordinance or key-law shall not apply to structures or uses lawfully in eicistanco or lawfully begun, or to a building or spacial permit issued before the first publication of notice of the public hearing on such ordinance or by-law required by section live, but shall apply to any change or substantial extension of such use, to a building or special permit issued after the I first notice of said public hearing, to any reconstruction, extension or-structural change of such structure and to any alteration of a structure begun attar the first notice of said public hearing to .provide for its usi for a substantially different purpoop or for the sam© purpose in a substantially different manner or to a oubssttantially greater extent i except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the non-conforming nature of said structure. " G. L. c. 4OA, SG, first paragraph, second sentence "Pre-existing non-conforming structures on uses msy be extended or altered, provided, that no such extension or alteration shall be pormittsd IF unless there is a finding by the permit granting authority or by the special persait granting authority designated by ordinance or 'w by-law r. ` that such changa, extension or alteration shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. " i Town of Barnstable *Permit#. Expirens months from issue dale Regulatory Services Fee Thomas F.Geiler,Director Building Division dFax: �Tom Perry,CBO, Building Commissioner200 Main Street,Hyannis,MA 02601 . www.town.barnstable.ma.us Office: 508-862-4038 08- -6230 EXPRESS PERNIUT APPLICATION - RESIDE Not Valid without Red X-Press Imprint Map/parcel Numbers Property Address , G J ®Residential Value of Worker ood Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address WAAWA// J/e.Al Q fox 1-42 11lc�sT/���s�/iuxsTD,47 t AS' Contractor's Name Telephone Number$V-77S-9919 Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) ❑Workman's.Compensation Insurance X®PRESS PERMIT Check one: ❑ I am a sole proprietor MAY 14 2007 NJ I am the Homeowner ❑ I have Worker's Compensation Insurance TOWN OF BARNSTABLE Insurance Company Name 2AAAI fTrAAX i &9A1:rY Workman's Comp.Policy# Copy of Insurance Compliance Certific a must be on file. Permit Request(check box) 5z Re-roof(stripping old shingles) All construction debris will be taken to a, , �`� ❑Re-roof(not stripping. Going over existing layers of roof) Re-side s ❑ Replacement Windows/doors/sliders. U-Value (maximum•44) h 019-1_A IQ *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign,Property Owner Letter of Permission. copy of the Hom Impro&terlt d tra%r4VNeW03s required. SIGNATURE: _ '13 ,A' Q:Fortns:expmtrg Revise061306 h r Town of Barnstable E 1ME) � „P Regulatory Services r! t Thomas F.Geiler, BA Director. RNSTABI.E,p MASS. 0 9, =639• ,0 Building Division ArE p � Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEON'VIN'ER LICENSE EXEMPTION Please Print DATE: oS JOB LOCATION: (� VfiA/I)�✓Ue L[l4fTW /i8l!/ number street village "HOMEOWNER": name home /pho work phone CURRENT MAILING ADDRESS: G• �{ 24Z LU. /Y�j�►//►/ �Tj,�� city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is, or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such i "homeowner" shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner" assumes responsibility for compliance-with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner" certifies that he/she understands the Town of Barnstable Building Department minimum • spection procedures and requirements and that he/she will comply with said procedures and requi• ts. 1-1 i ature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. . HOMEOWNER'S EXEMPTION E The Code states that: "Any homeowner perfomung work for which a building pemvt is required shall be exempt from the provisions of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such 1 work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction'Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly . when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a forrn/cenification for use in your community. Q:forms:homeexempt ' The Commonwealth ofMassachusetts Department of Industrial Accidents Office of Investigations _ e 600 Washington Street Boston,IVlA 02111' wyvw.mass.gov/din ' Workers' Compensation Insurance affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print I,e6ibly Name(Business/Organization/Individual): u I Ad3ress: 0• 2. City/State/Zip: Phone.#: Sr �79/�• Are you an.empioyer? Checkthe appropriate bog: :Type of project(required), : Fj,'M I am a employer with 4. I am a general contractor and I 6, []New construction . employees (full arld/oz part-time).* • have hired the stab-contractors 2,❑ I am a'sole proprietor or partner- listed on the'attaclied sheet 7. ❑Remodeling ship andhave no employees These sub-contractors have g, Demolition �torkin for me in an capacity. employees and have workers' g Y P t3'• $, 9. ❑Building addition [No workers' comp,insurance comp, insurance. required.] 5. 7 We are a corporation and its 10.❑•Blectrical repairs or additions 3. I am a homeowner doing ill-work . officers have exercised their 11.❑Plumbing repairs or additions ' yself,[No workers' comp. right 6f exemption per MGL 12.0 Roof repairs insurance.required.]t c. 152, §1(4),and we have no employees. [No workers' 13.0 Other comp,insurance required.] *Any applicant that checks boz R1 must also fill out the section below showing their workers'compensation policy i*ffmmation. t 11omeowoers,who submit this affidavit indicating they are doing all work and then hire outside contractors must submit anew affidavit indicating such. $contractors that check this box must attached an additional sheet showing the name of the sub-contractors'and state.wbether ornotthose entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that isproviding workers'compensation insurance for my employees. Below is.the policy and job site information. Insurance Company Frame: Policy#or Self ins.Lic.#: Expiration Date: lob Site Address: City/State/Zip: Attach a copy of the workers' compensation policy.declarationpage'(showing the policy number and expiration date). Faiiure•to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK,ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statemerit maybe forwarded to the.Office of Investigations of the DIA for insmance coverage verification. ' 7do hereby certi der the pains•ardpenalties of perjury That the informaton provided above is trite and cc erect. Signature: Date: `� 117, Phone T: q L only..Do not write in this area, t6.be completed by.city or town offuialn: Termit/L•icensehority(circle one): Health 2.BuildingDepartment 3. City/Town Clerk 4.ElectricalInspector 5.PlumbingT;,specter rson: Phone : r�s��)2 .,... .. �� .::i�': I nvtr �ntltrr1t:11 ��'FD'µ�-�` liUllUlllr-', l�l\'1j1U11 367 A,ain Street,Hpnnis MA 02601 Office: 508 790-6227 Ralph `,. Fax: 508 775-3344 Building Commissioner For office use only Permit no. Date- AFFMAVIT HOME EM PROVEMENf CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MG L c.I42A requires that the-reconstruction,alterations,renovation,npak modemiration,eonveIr ion, improvement, removal, demolition, or construction of an addition to arty pre-existing owner occupied:. building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: Fe lL&� 06v axx..Est.Cost,06 . Address of Work: Owner Name: GU L Date of Permit Application:_ '/0 y- I hereby certifv that: Registration is not required for the following re2son(s): Work excluded by law Job under 51,000 Building not owner-occupied Owner pulling o%%m permit Notice is hereby given that: OWNERS PULLING THEIR OWN PER.'.T OR DEALTNG VTrlil UNREGISTERED CON-rRACTORS FOR APPLICABLE HOB RvfPRO\T`.r__t,7 WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAI,S OR GUAR/-_�,M'FUND UNDER NiGL c. 142A SIGNED UNDER PENALTIES OF PERJURY I hcrcb\.2pph-for 2 permit 2s the 2Ecnt c:` .c o\k,cr: Datc Contrzctor name Registration No. OR Date Owner's name I ✓�P. �OI/LlI[d/fIIM.Q��� c"ej,16 I HOME IMPROVEMENT CONTRACTOR i Registration 114630 Type - INDIVIDUAL f. Expiration 10/07/95 STEVEN M LEBARON STEVEN M. LEBARON 54 MONTAGUE DR ADMINISTRATOR W YARMOUTH MA 02673 m sf m X 5 0 o z o y 3 (n D N —I D i m 000 <y i� a m omaN O m D] m —1 o x Qy L� _ N S xmzcr -i !� \ ov=z — m y n�v x a i Dzo� 'J .m C c m r!.D z i n z — fA " 0 mo < < ;! I1 ? 3 � n N m O ' n n D S m N O z z 0� o _ ir! � m m z �.z ii_i O m D t D O _ �� p 't•_i G v: — m f m m z m z u' � ISSUE DATE(MM/DD/YY) CERTIFICATE OF::INSURANCE - 10/04/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Rogers & Gray Hyannis (2) CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE 640 I anou h Rd Rte 132 DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE y g POLICIES BELOW. Hyannis MA 02601 COMPANIES AFFORDING COVERAGE COMPANY 73-2031 LETTER A Worcester Insurance Company INSUIrt D CL OMERNY B Steven M. Lebaron COMPANY C 54 Montague Drive LETTER COMPANY D W -•st Yarmouth MA 02673 LETTER COMPANY E LETTER COVERAGES W. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TLTR POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000 A X COMMERCIAL GENERALUABILIT' CB814096 10/01/94 10/01/95 PRODUCTS-COMP/OPAGG. $ 1,000,000 CLAIMS MADE �OCCUR PERSONAL&ADV.INJURY $ 500,000 OWNER'S&CONTRACTER'S PROT. EACH OCCURRENCE $ 500,000 FIRE DAMAGE(Any one fire) $ 100,000 MED.EXPENSE(Any one person) S 5 r 000 AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STANDBY LIMITS AND EACH ACCIDENT $ EMPLOYERS'LIABILITY DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCAnONS/VEHICLES/SPECIAL ITEMS I CERTIFICATE HOLDER;:>::: :::< c::::>:::::;:::>:::>;::;::::><> .:;:.«:;:;::.;; ..ION... . '. .::.. Town of Yarmouth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO Building Department MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Route 28 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Yarmouth MA 02675 >.i AUTHORIZED REPRESENTATIVE ROGERS&GRAY INS0 C8 AMMY,IINC. ACORD 25=S(7/90) CORD CORPORATION 1990 Assessor's office(1st Floor): Assessor's map and lot nuum)tar O O 7 'S C_ �`;THE Conservation(4th Floor): 'V�-'" `'��- -"� 3 Rood qy w � Board of Health(3rd floor): JVo ,9/ Sewage Permit number 4_o rd2�.' a Jr/-`A/"fO l �1,*7fo 1'., � 'saNAM& t rz r,u a Engineering Department(3rd floor):. 6. House number, �o �- / tcT YL4r �e NORDefinitive Plan Approved by Planning Board 19 APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE BUILDING ' INSPECTOR APPLICATION FOR PERMIT TO 1�ep��cr '.S�c ✓r (� 7 Flo% �q�l,�jPd ✓� �/iC,P/C4,i/e TYPE OF CONSTRUCTION 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: 14 Location v Proposed Use �TDP�i SF� Zoning District ► ! 7` Fire District Name of Owner Address ?AfNSTR�le , elk 9a6 9 y� v • STeOP�t/ /��• ���.q�/Od/ 1 5T ID,uTA�jUP,J�?• Name of Builder ._ Address lt/ .��inOd Name of Architect S9//1F Addressee / Number of Rooms �_ I Foundation SoNA,e 1 v.4s `17L kS Exterior k101)d/ cecG/4f Roofing As R 7— Floors �)eo Interior' �Ood Heating /t/ON-e Plumbing Ex is%iA_5 Fireplace /1/oye Approximate Cost T T �r AreaJ >f' I Diagram of-Lot and Building with Dimensions Fee 529; g� Alva lcgt,e. •P o?D n 1 a • • l OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name # C "/�/63o Construction Supervisor's License(?','S�. O' 058307 / J No Permit For Location Owner Type of Construction Plot Lot Permit Granted 19 Date of Inspection: , Frame 19 Insulation 19 Fireplace 19 - Date Completed 19 a a Application to 1994 0 -16 • dr'.c• �p rp.� CE�MEtEP Old King's Highway Regional Historic District Committee in the Town of Barnstable for a CERTIFICATION OF EXEMPTION Application is hereby made, in triplicate,for the issuance of a certificate of exemption under Section 6 and 7 of Chapter 470, Acts and Resolves o1 Massachusetts, 1973. as amended for proposed work as described below and on plans,drawings,or photo- graphs accompanying this application. --��-- TYPE OR PRINT LEGIBLY DATE , �-,IAA/ /994 ADDRESS OF PROPOSED WORK MAaS14 T2AI L A-r S Nb YNEcg ASSESSORS MAP NO. OWNER 14A.cINA 4 Intl -1/ s- T.c /A /1) T,m_7_ .� ASSESSORS LOT N0. —•!•— HOME ADDRESS /4rW.4A1 �l A11Gr Titt-7—e-C TEL NO. AGENT OR CONTRACTOR errnA / / • (' ADDRESS c2 41510 26PW ss ce /fJ Avgz: TEL. NO.�M?Xllf 7Z__ This a ication is for exemption of proposed exterior construction on the ground that: (1) It will not be visible from any way or public place. ❑ (2) It is within a category declared entitled to exemption by Old King's Highway Regional Historic District Commission. (Check applicable box) PROPOSED WORK: Describe and furnish plan of proposed work,showing location on lot,and, if an addition is involved,show• ing location of existing building. 04Al2 a.N exISTZ VG 4 X8, LFAIV'7o- D�S'T,¢ay ec� p�,2��j� 1✓u221cA�U�. �0 6 ��✓ /9 9/ . T/�e-sTizvc%u�c.is 4 -AWc. c vat/oT»,.S,FW ;20,1/ri�cr�A a.,/II�S / �•r�yL /s /Le��ecTe� �- Gf� L�2oirl Servo {. SIGNED i Space below line for Committee use. Owner ra or nt i RF 14 -lS ed�y i W.0'C-\\ The I e is hereby $lme t'Jejr By TOWN OF BARNSTABLE a —g- Y / AY ate 9 Approved B The categories of work entitled to exemption are listed on Disapproved ❑ 0 D D the back of this form. s- 293 Washington Street Norwell MA 02061 The BSC Group • February 1, 1994 617 659 798: Old Kings's Highway Historic District Committee Town of Barnstable School Administration Building 367 Main Street Hyannis, Massachusetts 02601 ATTN: Gwen Brown RE: Request for Exemption by the Hannah Wickes Island Trust, c/o Norman W. Hayes, to Reconstruct a Shed at Assessor's Map 203, Lot 4 on Sandy Neck Dear Commissioners: As Trustee of the Hannah Wickes Island Trust, I am requesting an exemption from the Old King's Highway Historic District Commission pursuant to the reconstruction of a shed which was destroyed by the 1991 hurricane and winter storms of 1992/1993. The i following are facts pertinent to this request: Engineers 1• The shed is to be-reconstructed as per the original footprint, complete with door and window and on four (4) sono tubes. Environmental Scientists 2. Because the shed is.behind the camp, it is not visible to the public. GIS Consultants Landscape 3. The shed is attached to the camp which was constructed in 1898. Architects 4. All debris has been removed from the site. Planners ,f surveyors 5. The entire structure is located on land owned by the Town of Barnstable. i I Old King's Highway Regional Historic District Committee Town of Barnstable February 1, 1994 Page 2 If you should have any questions, I plan to bring photographs which should assist with your understanding of the exemption request to the hearing. Please note that the land surrounding the structure and beneath it is owned by the Town of Barnstable. The Town has been notified by the applicant by certified mail of the hearing date. Sincerely yours, THE BSC GROUP, INC. f an W. Ha s iate NWH/no WP\NWH\WICKES 6 D D D n � � GroupThe BSC N F ATUR RlPTb0N ' ADJUSTMENT FA TORS I..d ro.y o SQ.D,..N r UNIT I.D.UNIT ACRES/UNITS VALUE o..np on f R E M C H• 8 E R T R A N D C M A P- OCJYR. C.C ADJ. COND. P FRICE PRICE #LAND 1 13 o 60 0 CARDS IN AOCOUlff L 10 1BLD6.SIT 1 X .2 J= 8 251 26999.95 54245.9 .25 13600 #BLOG(S)-CARD-1 1 9#400 01 OF 01 q #PL SANDY NECK [ARCEL S N BATHS 0.0 U X E= 100 1.0 1.0 1.00 8 #RR 9906 RKET 8500 p - NO BSMT S X E= 100 7.8 3.9 380 1500-8 CCME q - NO HEAT S X E= 100 2.3 1.1 380 400-8 E D PRAISED VALUE p 23.000 q U SUMMARY T S ND 13600 q T OGS 940C IMPS M TAL 23000 F E CNST E N DEED REFERE T„P. DATE R.o.,a.N R I O R 'Y E A R V A L U I q T s... P.o. `■'. Mo. r.. S"=F"°' A N D 13600 T S LOGS 9400 U OTAL 2300C R E BURDMIO PERMIT S Nw LAND LAND-ADJ INC ME SE SP-BLDS FEATURE OLD-ADJS UNITS 13600 • 1900- arr u„p ,A,p -R.I. 4- Ap. Dow. Ci0ii&' CND. I=. %R.D. ROL Cwt N.. Aq.PAO.VOW ao.w N.IQ Reaw R.r 9M*1 I R I P"+n+Pw. 01E 000 100 100 35.55 35.55 90 60 31 63 •110 95 63.8 14774 9400 1.0 1 1 1.0 s." raw.Com MIfT.INDEX: 1.00 MP.SYMATE: I SCALE: 1/0 0.8 5 r ELEMENT" CONSTRUCTION DETAIL S SAS 100 35.55 380 13509 GROSS AREA 380 SINGLE FAMILY•OWELLIN6 CNST 6P:00 T FWD 85 8.50 144 1224 *=----14----* TYLE 09 -OTT A6E 0.0 --------- --- -------------------- R FEP 65 23.11 84 1941 6• FEP 6 ESI6N AOJM_T 00 0. ---- ----------------- - U ! ! EXTER.YALLS _ 01 DOD-FRAME-______ 0.0 C *- 14«--*----* EAT/AC TYPE -01 ONE 0.0 --------------- --- ---------------------- T " ! ` ! ' LATER:FINISH 00 0.0 U ! ! INTER.IAYOUT_ _01 ------------------ 0.0 -------------- -- ----- ------- R ! ! INTER.QUALTY 03 ELOW EXTER. 0.0 --------------- ------------- ---- q 19 BASE 19 FLOOR STRUCT 00 0.0 --------------- -----------------------Cf.-d D Y ! ! EfL00R_ CQVER 00 0.0 E TOW Aloft lAw 228 380 ! ! ROOF T.YPE�- �00 0.0 BLROITq OMENSIONS ! ! _ ___-__ _ ELECTRICAL 00 0.0 T SAS N19 FEP N06 E14 S06 W14 .. *-------20-----*-X - ---_-- --� ----�-�-- __ q SAS W20 FWD SOB E18 N08 MIS FOUNDATION 00 99.9 � SAS E20 S19 .. ! ! STINOY NECK COffA6ES -- r.n ;; 8 8 LAND TOTAL MARKET �. IF ! FWD ! PARCEL 13600 23000 ff!! (( J �( D U il�U L� l5 *------18------* AREA p VARIANCE +0 •0 STANDARD 25 S TOPOGRAPHY 2 ABOVE ST * TOPOGRAPHY * UTILITIES 7 NONE * UTILITIES * UTILITIES ST FEATURE 3 UNPAVED * ST FEATURE * ST FEATURE * ST. COUP. * TRAFFIC 1 LI6HT DWELL LOC. 2 MIDDLE * LOCATION * AMENITIES * AMENITIES * NUISANCES NUISANCES J t, :w Lo' .CUS . The BSC Group Job No. Fig. �l N � Horizontal Scale in Feet -awt/ sA.v�y ...... .... ...1.�;- o I L n o e #t , f , •:,:�:..:: S N .:t?:1 •• c• �J a ,S o -o I• I;P — e r: �o I U -s a _4 \ :e 1 a O I ^•::•:7t o '' / li(i o A , a t � ` r a %t J t err * 1' a _ n^ 17 p s<"is?:`its::::?... 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