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8/9/02 54 Cedar St, Hy a
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Town of Barnstable
TME rgy,o Regulatory Services
Thomas F.Geiler,Director
BARNSTABLE,
9 MASS. Building Division
i639'
'0lfp Mpg s Tom Perry Building Commissioner
200 Main Street, Hyannis,MA 02601
Office: 508-862-4038 Fax: 508-790-6230
COMPLAINVINQUIRY REPORT
Date: - G Rec'd by:
Name: Map/Parcel
Location
Address: VT
Name:
Street:
Village: State:-- �y rZip:
Telephone: `/ n,e.. .310 / �d
Complaint Description: 7 q
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FOR OFFICE USE ONLY
Inspector's Action/Comments Date: Inspector:
Additional Info.Attached
Q:forms:complaint
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' Samuel H.White
• �'� ealth Inspector � ����
a Ct iNE�
Town of Barnstable
BARMASS. Department of Regulatory Services
i639 `eg
ED Mp+o PUBLIC HEALTH DIVISION
200 Main Street,Hyannis,MA 02601
Office Hours: Tel:(508)862-4644
8:00-9:30 Daily Fax:(508)790-6304
1:00-2:00 Daily email:samuel.white@town.barnstable.ma.us
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oF�„E Tom, Town of Barnstable
Department of Health,Safety and Environmental Services
B" MA Public Health Division
MASS.
aSS. �
QD i639• ♦e
AlE p 3�a 200 Main St.Hyannis,MA 02601
Office: 508-862-4644 Thomas A.McKean,RS,CHO
FAX: 508-790-6304 Director of Public Health
September 5, 2002
Daniel Koch
PO Box 416
Tisbury, MA 02568
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY
CODE II: M1NIMUM STANDARDS FOR HUMAN HABITATION AND THE
TOWN OF BARNSTABLE HAZARDOUS WASTE ORDINANCE,ARTICLE
XXXIX
The property owned by you located at 54 Cedar St., Hyannis was inspected on August 8,
2002 by Lee McConnell, RS, Health Inspector for the Town of Barnstable, after
receiving a complaint about the property. The property was inspected again on August 9,
2002 by Lee McConnell, and Sam White, Health inspectors, as well as, Ralph Jones,
Building Inspector for the Town of Barnstable. The following violations of 105 CMR
410.00, State Sanitary Code II: Minimum Standards Of Fitness For Human
Habitation and the Town of Barnstable Hazardous Waste Ordinance,Article
XXXIX were observed:
105 CMR 410.250: Habitable Rooms
0o s Other Than Kitchen-Natural Lights and
Electrical Outlets (B)
Two separate wall-type convenience outlets, or one such outlet and one electric light
fixture. Observed no working outlets in master bedroom. Missing light fixtures in rooms
in house and outside front door. Also, observed exposed wires where missing fixture was
outside front door.
410.256: Temporary Wiring
No wiring shall extend through a doorway or other opening in a structural element.
Observed an extension cord running out bedroom window, down the back of house to
kitchen,to supply power.
410.481: Posting of Name of Owner
An owner of a dwelling which is rented for residential use, shall post a notice constructed
of durable material,not less than twenty(20) square inch in size, bearing his/her name,
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address and telephone number. If the owner is a realty
p e ty trust or partnership,the name,
address, and telephone number of the managing trustee or partner shall be posted.
410.500: Owner's responsibility to Maintain Structural Elements
Every owner shall maintain the foundation, floors,walls, doors and windows, ceiling and
other structural elements of his/her dwelling so that dwelling excludes wind,rain and
snow, and is rodent proof, in good repair in every way fit for the intended use. Observed
missing ceiling tiles in back pantry room, sagging and torn ceiling tiles in master
bedroom. The back kitchen window has exposed insulation and is not weather tight and
the front brick steps are not secured in place.
410.551: Screens for Windows
The owner shall provide screens for all windows designated to be opened on the first four
floors opening directly to the outside from any dwelling,the owner need provide screens
for only those windows used for ventilation. The screens shall be tight fitting as to
prevent the entrance of insects and rodents around the perimeter.
Town of Barnstable Ordinance,Article XXXIX:
Section 4-Inventory and Registration:
4(1)No owner of a business,home occupancy, industry, or operator shall handle or store
hazardous materials in the Town of Barnstable unless he/she is the holder of a
registration. Such registration shall include an inventory,the location of the site,the
name of the operator, and the name of the owner. The inventory shall include the
proposed and/or existing quantities of all hazardous materials handles or stored on site on
the form provided by the Health Department.
Section 5- Storage Controls:
5(1) All hazardous material shall be stored indoors,unless in product-tight containers
which are protected from natural elements, leakage, vandalism and accidental damage.
Section 9-Prohibitions:
9(1) The release of any hazardous materials upon the ground, or into any surface or
groundwater's or into any sewage disposal system, sewer system, catch basin, or drywell
within the Town of Barnstable, is prohibited. Oil and gasoline stains observed on asphalt
and on soil on sides of building.
Section 12-3-Enforcement:
12(3) All records pertaining to storage,removal and disposal of toxic or hazardous waste
shall be retained for no less than five (5)years by the registered holder, and shall be made
available for review by the Health Department upon request.
s
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, r
780 CMR: State Building Code Commission:
Section 411.0 Paint Spraying and Spray Booths
411.2 Location of spraying processes: Such processes shall be conducted in a spraying
space, spray booth, spray room or shall be isolated in a detached building or as
otherwise approved by the building official in accordance with engineering
practice. Complaints received at this office alleging that tenants are spray painting
automobiles on this property.
You are directed to correct these violations within ten (10) days of receipt of this notice by
rectifying all housing and hazardous waste violations. The yard must be keep clean of any
loose rubbish or debris. Also,only three cars are allowed per bay and only one
unregistered vehicle on this property.
You may request a hearing if written petition requesting the Board of Health receives it
within seven (7) days after the date order is received. However,these violations must be
corrected regardless of any request for a hearing.
Please be advised that failure to comply with an order could result in a fine of not more
than$500. Each separate day's failure to comply with an order shall constitute a separate
violation.
PER ORDER OF HE BOARD OF HEALTH
mas cKean '
Director of Public Health
CC: Hyannis Fire Dept.
Thomas Perry, Barnstable Building Commissioner
Paul Drake, Executive Realty
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12-02-2002 2:44PM FROM HYANNIS FIRE,,P,ESCUE 5087786448 P. 1
11VANNIS FIRE DEPARTMENT
95 HIGH SCHOOL RD. EXT. HYANNIS, MA, 02601
N [CAL
iKAROLD S. BRUNELLE, CHIEF
p{ lAUplAi {{{A{{{01 RA{{W A
., FIRE PREVENTION BUREAU
BLI.SINESS PRONE:'(508)775-13M FACSIMILE PHONE:(508)778-6448
LT.DONA►LD H:CHMF,JR.,CFC LT.ERIC F.HXMI.ER,CF'I
FIRE PREVENTION OFFICER FIRE F>LbTVI*MON OFFICEER,
AGENCY NOTiFiCATION '
Building
Health
[ 1 Gas iring
[ Consumer Affairs
Pursuant to Mass. General Law, Charter 148:28A and 527 CMR 1,00, the above agency is hereby
notified that a hazard or violation is believed to exist relating to the above agency's jurisdiction.
The hazard or violation noted is not within the inspectors.code of enforcement or jurisdiction.
The following has been reported in pegson or by hone on this date:
€or the property Located at: 'in Hyannis:
3)
4) —
Owner of record:
phone.
Fire Prevention Office
cc:street file
rev. 112000
I
12-02-2002 2:45PM FROM HY,ANNIS FIRE/P.ESCUE 50877BG448 P. 2
!Massachusetts Fire Incident Report
+ Hyannis Fire Department
Date of Time Of Arrival Time In
FDID Incident No, Exposure #. Incident Day of week Call Time Service
01922 A2212a 1313 ; 0 11/30/2002� I Sa4ur�ay 21 34 12 a0 22:20
_- —� Zip .� Census Tract
5 4 Cedar Street —� H annis
Type of Situation Found Type of Action Taken Mutual Aid
$9 Good Intent, Not Classified i)9 3 Investigation Oniy_r— 3 i I
I I
Ignition Factcr
�.... a-- I" _._......
t Fixed
Xe�—ronetfamsl Dwellin : 1 41 1 L00 No Fire Found
it pc�cu ant Name Occupant Telephone I
!� CandX Cornett ) 500-862-0613 J II
Owner Name Owner Address T Owner Tel
i Dan Koch i135 Beach Rd. Tisbury,_My 5 0 8-6 9 6-7 7 66 J
Method Of Alarm Shift No Of Alarms #of Personnel Responded 7
,— Hazardous
1 Telephone l 1 ,_j j I Materials I
Engines Tankers Aerial Other Vehicles Present
f�1 07
Fire Service �+ ! Other Injuries
I Injuries �� I . Fatalities [- 0 �I Injuries =0 Fatalities 7 J Rescues Eo
Mobile Pro arty Use Is Car Stolen insurance Company }
� I
Mobile Property Make Year Model Color License Number VIN
Complex Area Of Origin i Estimated
L i _ - Loss
Equipment Involved In Ignition Form Of Meat Of Ignition
If Equipment Was Involved In Ignition
Material Ignited Year Make Model Equipment Serial Number
�— Method of EXtin uishment Level Of Fire Ori in Number Of Stories l
Construction Type _ Detector Performance Sprinkler Performance
Extent Of Damage
_ u—J
Flame Smoke
Material Generating Most Smoke Type Of Material Generating Most Smoke
` Avenue Of Smoke -Gravel Weather Conditions Commanding Officer
Lt Kenney
—� ...................................................
Report By JLt Kemmatey
I 12-02-2002 2.45PM FPON1 H'YANNIS FIRE/RESCUE S0877SG448 P. 3
I 6
HYANNIS FIRE DEPARTMENT - INCIDENT REPORT
COMMENT PAGE ,
Incident No. I A22 1 273 i Address 54 LCEPARSTREET
Date of Report 1 1 /30/200► Commanding Officer Lt Kenney
. ........-...... Report By L# Kenney
WE RESPONDED TO THE ABOVE ADDRESS FOR A REPORTED SMELL OF SOMETHING ELECTRICAL POSSIBLY
BURNING WITHIN THE DWELLING.UPON OUR ARRIVAL AT SIDE 1 WE WERE MET BY THE OCCUPANT.SHE
STATES THAT TODAY AND TONIGHT SHE HAS HAD A FUNNY SMELL IN HER UPSTAIRS AND BASEMENT, AS IF
SOMETHING ELECTRICAL WAS BURNING.WE ENTERED THE DWELLING AND THE OCCUPANT LED US UPSTAIRS.
WE COULD SMELL ANYTHING UNUSUAL WE CHECKED ALL ROOMS ON THE SECOND FLOOR VISUALLY AND WITH
A THERMAL IMAGER.WE THEN PROCEEDED TO THE BASEMENT AND CHECKED THAT AREA,NO SMELL WAS
EVIDENT.WE RAN THE FURNACE AND THE CLOTHES DRYER WITH NO UNUSUAL FINDINGS.THE BASEMENT WAS
EXAMINED WITH A THERMAL IMAGER AND NOTHING'WAS NOTED,WE THEN CHECKED THE FIRST FLOOR AND
RAN THE ELECTRIC KITCHEN RANGE.AGAIN NOTHING WAS NOTED,A THERMAL IMAGER SCAN REVEALED
WARM POWER STRIPS AND THE OCCUPANT WAS WARNED OF THE DANGERS OF OVERLOADING SAME. WE
CHECKED THE OUTSIDE,ELECTRICAL SERVICE AND OBSERVED NOTHING UNUSUAL,
WHILE INVESTIGATING THE BASEMENT THE FOLLOWING WERE NOTED:NUMEROUS EXPOSED WIRING
CONNECTIONS.FUEL OIL STAINING UNDER THE TANK,HEAVY ODOR OF FUEL OIL,TEMPORARY SCREW JACKS
HOLDING UP THE FIRST FLOOR,ROTTED STRUCTURAL COMPONENTS,AND EVIDENCE OF WATER DAMAGE AND
TERMITES,THIS LOCATION SHOULD BE REFERRED TO APPROPRIATE TOWN INSPECTORS.
OWNER: DAN KOCH,PO BOX 416, 136 BEACH ROAD,TISBURY, MARTHAS VINEYARD,02668
PHONE' 508-696-7766 AND 843-614.6652
THOMAS F. KENNEY, LIEUTENANT 113002
12-02-2002 2.4EPM FROM HYANNIS FIRE/RESCUE S0877SG448 P_ 4
NO RAPID LETTER
CARBO91il1 ESS , CARBON NOTE: Send White and Pink copies.
OF$IV! 3�®1 Sander retains Canary copy.
—+ Q1 REQUIRED TRIPLICATE
lo
O —
OATE
MESSAGE
SIGNED dam-
7.
. r
SIGNEO
oau,eni nnnctnuu.e.n ENDER:RETAIN CANARY CONY RECIPIENT: REPLY ON PINK COPY—RETAIN WIQTE COPY
QUERY PERMITS: QUERY END
QUERY PERMITS
PENTAMATION----------------------------------------------------------- 08/09/02
PERMIT NUMBER 45725 PARCEL ID 343 011 Q54 CEDAR. STREET
PERMIT TYPE (BGASA GAS PERMIT _ALT/ADDITION
DESCRIPTION �1GAS STOVE: CK#42985
CONTRACTOR
PERMIT FEE 20 . 00 VARIANCE
STATUS C COMPLETED
CONSTRUCTION TYPE 753 GROUP TYPE
APPLICATION 04/27/2000 EXPIRATION
VALUATION 0 . 00 DATE ISSUED_ 04/27/200.0 ; C-COMPLETED-05/02/2000
DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE----
(N) EXT/ (P) REVIOUS/ (C) ONTRACTORS/ PR(0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/ N
(F) EES/ (A)RCHITECTS/ (V) IOLATION/ (E)XIT
QUERY PERMITS : QUERY END
QUERY PERMITS
PENTAMATION----------------------------------------------------------- 08/09/02
PERMIT NUMBER 48378 PARCEL ID 343 011 C54 CEDAR_.STREET
PERMIT TYPE BELEC WIRING PERMITI
DESCRIPTION 1REPLACE METER- SOCKET .
CONTRACTOR
PERMIT FEE 40 . 00 VARIANCE
STATUS C COMPLETED
CONSTRUCTION TYPE 753 GROUP TYPE 1
APPLICATION 09/01/2000 EXPIRATION
VALUATION 0 . 00 `DATE ISSUED _09/01/2000 LCOMPLETED 09/07/2000
DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE----
(N) EXT/ (P)REVIOUS/ (C) ONTRACTORS/ PR(0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/
(F) EES/ (A)RCHITECTS/ (V) IOLATION/ (E)XIT
QUERY PERMITS : QUERY END
QUERY PERMITS
PENTAMATION----------------------------------------------------------- 08/09/02
PERMIT NUMBER ' 17656 PARCEL ID 343 011 {54_CEDAR -STREET
PERMIT TYPE �BELEC WIRING PERMIT-
DESCRIPTION ALARM OFF CEDAR STREET-HYANNIS
CONTRACTOR
PERMIT FEE 50 . 00 VARIANCE
STATUS C COMPLETED
CONSTRUCTION TYPE 753 GROUP TYPE
APPLICATION 09/03/1996 EXPIRATION
VALUATION 0 . 00 DATE ISSUED t09/03/1996) �, COMPLETED _ -09/03/1996
DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE----
(N) EXT/ (P) REVIOUS/ (C) ONTRACTORS/ PR(0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/
(F)EES/ (A)RCHITECTS/ (V) IOLATION/ (E)XIT
y
BUSINESS NAME FERREIRA'S DEMOLITION&DEBRIS REMOVAL m
CORPORATE NAME �
MAIL ADDRESS 7 COOK CIRCLE
} VILLAGE HYANNIS + r ESTATE:' MA ZIP ;02601
r, - = _ 1
BUS ADD IF DIFFERENT
F
-,
yOWNER#1 FIRST NAME.'TIMOTHY J _ LA$T FERREIRA I
STREET 7 COOK CIRCLE01 .
VILLAGE HYANNIS h1 , � STATE. 'MA � ZIP yy '02601
OWNER#2 FIRST NAME,-11 SLIAS,T
STREET �� ° �` _
VILLAGE STATE
4 t
STATUS NEW
-01
NO
;EXPIREDATE r`` 04/30/2006 t BOOK 188 " PAGE 02-149
DATE ISSUED , ; - 04/30/2002��`° , "DATE CLOSED: nth
�DATERENEW �x RENEWBOOK RENEWPAGE`
k �+
DATEDISCONT D�rIeSCBOOK DISCPAGE ,��
CON
_ DITIONS: NO HAZARDOUS WASTE NO SIGNAGE OF ANY KIND
9
QUERY PERMITS : QUERY END
QUERY PERMITS
PENTAMATION----------------------------------------------------------- 08/09/02 )
PERMIT NUMBER 32935 PARCEL ID 343 011 ( .54__CEDAR_STREET} -
PERMIT TYPE BHOMEOCC HOME OCCUPATION .
DESCRIPTION NATURAL HEALTH PRODUCTS CRAFTS
CONTRACTOR
PERMIT FEE 0 . 00 VARIANCE
STATUS Q APPROVED
CONSTRUCTION TYPE 753 GROUP TYPE
APPLICATION 08/26/1998 EXPIRATION
VALUATION 0 . 00 DATE ISSUED 08/26/1998' COMPLETED
DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE----
(N)EXT/ (P) REVIOUS/ (C) ONTRACTORS/ PR(0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/
(F)EES/ (A)RCHITECTS/ (V) IOLATION/ (E)XIT
f
f,
j
TO A.-i- iV YV BUSINESS OW NERS
DATE:_ ICI 10L
Fill in please: a MIMMI t _
APPLICANT'S �� YOUR NAME: G1r S C'C� C�rti� ,fit
BUSINESS � YOUR �i0llrlE ADDRESS: �� (� AG.�[_4tir�, o-lv£Z_
TFLEPHONE Telephone Number(Home) 'jC —_j� L
NAME OF NEW BUSINESS TYPE.OF BUSINESS MFCHiA&
IS THIS A HOME OCCUPATION? YES NO
Have you been given approval from the building division- ? YES NO
ADDRESS OF BUSINESS_ 5Lj Ce-zP*Q `& �'f 1�►,e��, '� _MAPIPARCEL NUMBER
When starting a new business there are several things you must do in order to be in compliance with the rules and requIations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need: Once you have obtained the required signatures,
X listed below, you may apply for a business certificate at the Town Clerk's Oflioe(Ist floor- Town Hall)or if you get the business oertificate first
you MUST go to the following office to make sure you have all the required permits and licenses..
GO TO 200 Main St.--(comer of Yarmouth Rd.& Main Street)and you will find the following offices_
1. BUILDING MMIS IONEFR'S OFFICE
This individVsen in d f ny permit requirements that pertain to this type.of business.
zed Signature"" '
� COI4ffdlEtfTS:_ __
2. .BOARD OF HEALTH
I This individual s n infor ed of th� b� permit re ar eats that pertain to this type of business.
N. Authorizes! Signature" .
COMMENTS: �. as
i - o
3. CONSU AFI IRS (LICEN AU�ORITY)
This irdivicfual hash inforrrred of a bicensin requirements t t pe#airt to this type of business.
F
uthorized Signature'*
COMMENTS:
Business certificates cost$20.00 for 4 (( years). A business certificate ONLY REGISTERS YOUR NAME lr,the town which you must
do by M.G.L. -it does not give you permission to operate -you must get that through completion of the processes from the various
departments involved.
Y'SIGNIFIES APPROVAL FOR A BUSINESS CERTIPGATE ONLY. �
UV(
a
TOWN OF BARNSTABLE
MASS.A,CHUSETTS
BUSINESS CERTIFICATE
DATEISSLJBD: 08/09/2002 DATE RENEWED:
: 1`r 9 �,p,
OOK. 188 RENEWAL BOOK '` RENEWAL PAGE:
AGE:02-266 DATE DISCONTINUED:
CERTIFICATE EXPIRES; 08/09/2006 DISCONTINUED BOOK: DISCONTINUED PAGE'
In conformity with the provisions of Chapter One Hundred and Ten,(I 10),Section Five(5)of the General Laws,as amended,the undersigned
horeby declare(s)that a business is conducted under the title below,located as shown,by the following named person,persons
or corporation:
BRAZIL MOTORS
MAILING ADDRESS: 54 CEDAR ST HYANNIS,MA 02601
ROBER.TO SCATAMSULI 25 GLEASON AVE W YARMOUTH,MA 02673
Signatures;
- G
T34E ABOVE NAMED PERSON(S)PERSONALLY APPEARED BEFORE ME AND MADE OATH THAT THE FOREGOING STATEMENT
1S TRUE,
TLL
Identification Presented:
or Outer: 04-358108" DATE: August 9,2002
PLEASE NOTE: IT IS THE RESPONSIBILITY OF THE APPLICANT TO OBTAIN ANY LICENSES AND PERMITS REQUIRED BY THE
BUILDING,HEALTH AND CONSUMER AFFAIRS DEPARTMENTS FOR THE LEGAL OPERATION OF THIS®USINESS IN THE TOWN.
CONDITIONS:, HAS SIGN APPS,_3 CARS ONLY PER DAY-ANNUAL HAZARDOUS WASTE INSP IS REQUIRED- NO PAINTING
ALLOWED ON SITE
In accordance with the provisions of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5 of the Mass Gone-al Laws,Business
Certificates shall be in effect for four years from the date of issue and shall be renewed each four years thereafter. A statement under oath must
be filed with the city clerk upon discontinuing,retiring or withdrawing from such business or partnership.
Copies of such certificates shell be available at the address at which such business is conducted and shall be furnished on request during
regular business hours to any person who has purchased goods or services from such business.
Violations are'subject to a tine of not more than three hundred dollars($300)for each month during which such violation continues.
CERTIFICATION CLAUSJ
I certify and the penalties of perjury that[,to the best of my knowledge and belief,have filed all state tax returns and paid all state taxes
required
' Sib. a f Individual or Corporate Name(Mandatory) By: Corporate Officer(Mandatory if applicable)
** or Federal ID Number
* This license will not be issued unless this certification clause is signed by the applicant.
"* your social security number will be famished to the Massachusetts Department of Revenue to determine whether you have met tax filing or
tax payment obligations. Licensees who fail to correct their non-tiling or delinquency will be subject to license suspension or revocation. this
request is made under the authority of Mass.G.L. Cha 62C,S.49A•
r ,:arcel Details Pagel of 3
Back I Home I Government Departments I Information Center
Data below is based on Fiscal Year 2002 Assessor's database
Details for Map 343 Parcel 011
Property Location Acreage
'54 CEDAR STREET 0.28
Owner of Record
�KOCH, DANIEL P
P O BOX 416
TISBURY, MA 02568
Appraised Value Assessed Value
Buildings $ 138,000 $ 138,000
Extra Building Features $2,300 $2,300
Outbuildings $0 $ 0
Land $41,000 $41,000
Total $ 181,300 $ 181,300
Construction Detail
Style Conventional
Model Residential
Grade Average Grade
Stories 2 Stories
Exterior Wall Wood Shingle
Roof Structure Gable/Hip
Roof Cover Asph/F GIs/Cmp
Interior Wall Drywall
Interior Floor Typical
Heat Fuel Gas
Heat Type Hot Air
AC Type None
Bedrooms 2 Bedrooms
Bathrooms 1 Bathroom
Total Rooms 5 Rooms
Building Valuation
Living Area 1264
Replacement Cost $89,449
Year Built 1920
Depreciation 25
Building Value $ 138,000
Outbuildings & Extra Features
http://www.town.barnstable.ma.us/webmap/assessors/dataview.asp?mappar=343011 8/9/2002
43
3-2 Office Districts
.3-2. 1 PR Professional Residential District I
1) Principal Permitted Uses: The following uses are permitted
in the PR District:
A) Single-family residential dwelling (detached) . .
B) Two-family residential dwelling (detached) .
C) Professional Offices.
D) Licensed real estate broker' s office.
E) Nursing home.
F) Rest home.
G). Medical/dental clinic.
H) Pharmaceutical/therapeutic use.
I) Hospital (non-veterinarian) .
J) Multi-family dwellings (apartments) , subject to the
following conditions:
a) The minimum lot area ratio shall be five thousand
(5, 000) square feet of lot area per each apartment
unit for new multi-family structures and conversions
of existing buildings .
b) The maximum lot coverage shall be twenty per cent
(20%) of the gross upland area of the lot or
combination of lots .
c) 'The maximum height of a multi-family dwelling shall
not exceed three (3) stories or thirty-five (35)
feet, whichever is lesser.
d) The minimum front yard setback shall be fifty (50)
feet or three (3) times the building height,
whichever is greater.
e) The minimum side and rear yard setbacks shall be nbt
less than the height of the building.
f) A perimeter green space of not less than twenty (20)
feet in width shall be provided, such space to be
planted and maintained as green area and to be
broken only in a front yard by a driveway.
g) Off-street parking shall be provided on-site at a
ratio of one and one-half (1. 5) spaces per each
apartment unit and shall be located not les.s than
thirty (30) feet from the base of the multi-family
dwelling and be easily accessible from a driveway on
s
the site.
i
i4
14
'2-6 Prohibited Usesj
2-6. 1 Application and Scope: The following uses are prohibited in all
zoning districts:
1) Any use which is injurious, noxious or offensive by reason
of the emission of odor, fumes, dust, smoke, vibrations
noise, lighting or other cause.
2) A tent maintained or occupied for living or business
purposes, except as permitted in Section 2-5. 1 (4) above.
(Changed by Town Council vote on 2122196 as* item. #95-194-by a 9
Yes 2 No roll - call vote.)
3) ' A trailer parked, stored or occupied for living or business
purposes, except as specifically provided for in Section 2-5/
herein.
4) Hotels and motels in precincts 1, 2, 4, 6, and 7 as existing
on November 9, 1983, except in the IND LIMITED and IND
Industrial Districts.
87
.3-5.2 Groundwater Protection Overlay Districts16 ,1
1) Purpose:
The purpose of this section is to protect the public health,
safety, and welfare by encouraging non-hazardous, compatible
land uses within groundwater recharge areas.
2) Districts Established:
In order to carry out the purpose of this section, the
following overlay districts are hereby established, and
shall be considered as superimposed over any other district
established by this ordinance:
AP Aquifer Protection Overlay District
GP Groundwater Protection Overlay District
WP Well Protection Overlay District
The GP Groundwater Protection Overlay District . is based onZone
! ! delineations to existing, proven future, and proposed future
public supply wells, as determined by Geraghty and Miller, Inc. ,
and as shown on figure 44, in their report entitled:
"Groundwater Conditions, Town of BarnstableMassachusetts,
Volumes I of III; together with Appendices A-D and E-H inVolumes
II of III and III of III", dated November 1993 and "Corrections,
Zone II Delineations for Public Water Supply Wells, Town of
Barnstable, Massachusetts", dated December 1993; except that the
GP Groundwater Protection Overlay District (Zone II) , to
Barnstable Fire District wells 3 and 4, is delineated by Whitman
and Howard, Inc. in a report entitled "Report on Prolonged
Pumping Test and Zone II Delineation at Test Well Site 8-90,
Barnstable Fire District, Barnstable, Massachusetts", dated
October 1991. The Zone II delineations to. existing and proven
future wells have been approved by the Department of
Environmental Protection, Executive Office of Environmental
Affairs, Commonwealth of Massaschusetts, in a letter to the Town
of Barnstable dated March 13, 1996.
.The WP Well Protection Overlay District is based on a five year
time of travel zone to existing, proven, future and potential
future public supply wells, delineated by Geraghty and Miller
Inc. , in reports referenced above, except that the WP zone to
Barnstable Fire District well No. 2 is delineated by Earth Tech,
consultant to Barnstable Fire District, summarized in a letter
and a map to the District dated May 13, 1997 . The WP Well
Protection Overlay District to Barnstable Fire District 2 is
that portion of the five year time of travel zone located within
the GP Grounwater Prot
ection Overlay District (Zone 11)
SS
The AP Aquifer Protection Overlay District consists of all areas
of the Town, except those areas within the GP Groundwater and WP
well Protection Overlay .Districts. The reports, letters and
maps are on file- with the Town Clerk. (Revised by a 10 Yes vote
of Town Council on Sept. 17, 1998 on item 99-012)
3) Overlay Districts Map:
The overlay districts established by this section: the GP
Groundwater Protection District; the WP Well Protection Overlay
District; and the AP Aquifer •Protection Overlay District, are
shown on the Official Zoning Map, Section 2-2 . 1, Identification
of Zoning Map. (Revised by 10 yes vote of Town Council on item
99-012 on Sept. 17, 1998)
4) District Boundaries:
Where the Overlay district boundaries divide a lot, each
portion of that lot shall be subject to all the regulations
applicable to the district in which it is
located. (Revised by 10 yes vote of Town Council on item 99-
012 on Sept. 17, 1998)
5) AP Aquifer Protection Overlay District Regulations:
A) Permitted Uses :
The following uses are permitted in the AP Aquifer
Protection Overlay District:
a) Any use permitted in the underlying zoning
districts, except for those uses specifically
prohibited by section 3-5. 2 (5) (B) herein.
B) Prohibited Uses :
The following uses are prohibited in the AP Aquifer
Protection Overlay District:
a) Any use prohibited in the underlying zoning
districts .
6) GP Groundwater Protection Overlay District Regulations : f
A) Permitted. Uses :
The following uses are permitted in the GP Groundwater
Protection Overlay District:
a) Any use allowed in the underlying zoning districts,
except those uses specifically prohibited in Section
3-5. 2 (6) (B) herein:
r
69
�B) Prohibited Uses:
The following uses are prohibited in the GP Groundwater
Protection Overlay District .
a) Any use prohibited in the underlying zoning
districts .
b) Landfills and open dumps as defined in 310 CMR
19. 006.
c) Junk yards, salvage yards and automobile graveyards,
as defined in MGL c. 140B, s . 1 .
d) Mining of land, removal of sand and gravel, and
quarrying of other raw materials .
e) The removal of soil_ ,. loam, sand, gravel and other
mineral substances to within four -feet of the
historic
high water mark unless the substances removed are
redeposited within 45 days and the final grade
exceeds
four feet above the historic high water mark, and
except for excavations for the foundations of
buildings
and structures and the installation of utilites.
f) Underground fuel storage tanks .
g) Storage for resale of heating fuels, including but
not limited to, oil, coal, gas and kerosene.
h) Sewage treatment plant, disposal works, or small
package treatment facility subject fo 314 CMR 5 . 00,
except for the following:
i) The replacement or repair of an 'existing
facility that will not result in a design
capacity greaterthan the design capacity .of the
existing system(s) ;
Treatment works approved by the Department of
Environmental Protection designed for the
treatment of. contaminated ground or surface
waters; and
Sewage treatment works including package.
treatment facilities, which are owned and
operated by the -Town of Barnstable, and located
in areas with existing water quality problems
attributable to current septic systems where
90
there will be a net improvement in water
quality
with the installation of the treatment
facility.
i) Commercial feeding of livestock.
j ) Storage of road salt or other deicing materials .
k) Metal plating, finishing and polishing.
1). Chemical and bacteriological laboratories.
m) Boat, motor vehicle and -aircraft cleaning,- service`s
and repair.
n) Dry-cleaning processing establishments .
o) Furniture stripping, painting and refinishing.
p) Any other use which generates, treats, stores or
disposes of hazardous waste that, are subject to
M.G.L. C. 21C and 310 MCR 30 . 00, except for the
following uses:
i
i) Very small Quantity Generators as defined
by 310 CMR 30 . 00;
ii) Waste oil retention facilities for retailers
of motor oil required and operated in +
compliance 1
with M.G.L. C. 21, S. 52A.
iii) Treatment works approved by the Department of
Environmental Protection designed in
accordance with 314 CMR 5. 00, for the treatment
of contaminated ground or surface waters;
iv) Household hazardous waste collection centers or
events operated according to 310 CMR 30 . 390.
q) Landfilling of sludge and septic as defined in 310
CMR 32 . 05 .
r) Storage of sludge and septage, as defined in 310 CMR
32 . 05, unless in compliance with 310 CMR 32 . 30 and
310 CMR 32 . 41
s) Storage of animal manures unless protected from the
elements and contained in a structure which prevents
leachate from contaminating groundwater, in
91
accordance with all the requirements of the United
States Soil Conservation Service.
. t) Stockpiling and disposal of snow and ice removed
from highways and streets located outside of the GP
and WP district which contains sodium chloride,
calcium chloride, chemically treated abrasives or
other chemicals used for ice and snow removal.
u) Storage of liquid petroleum products of any kind,
except those incidental to:
i) normal household use and outdoor maintenance
or the heating of a structure;
waste oil retention facilities required by
M.G.L. C. 21, S. 52A;
emergency generators required by statute, rule
or regulation;
iv) treatment works approved by the Department
designed in accordance with 314 CMR 5. 00 for
the treatment of contaminated ground or surface
waters;
and provided that such storage is either in a free
standing container within a building or in a free
standing container above ground level with protection
adequate to contain a spill the size of the container' s
total storage capacity; however, replacement of existing
tanks or systems for the keeping, dispensing or storing
of gasoline is allowed consistent with
state and local
requirements; and
v) ' Any other use which involves as a principal activity
or use, the generation, storage, use, treatment,
transportation or disposal of hazardous materials.
C) Lot Coverage:
Unless the applicant demonstrates that all run-off is
recharged on-site, no more than 15% or 2, 500 square
feet, whichever is greater, of the total area of any lot
shall be rendered impervious by the installation of
buildings, structures and paved surfaces. If all
recharge is disposed of on-site, no more than fifty
percent (50%) of the total upland area of any lot shall
be made impervious by the installation of buildings,
structures, and paved surfaces.
D) Site 'Clearing:
92
A minimum of thirty percent (300) of the total upland
area of any lot shall be retained in its natural state.
This shall not prevent the removal of dead, diseased or
damaged trees .
7) WP Well Protection Overlay District Regulations: , /
A) Permitted Uses :
The following uses are permitted in the WP Well
rotection Overlay District:
a) Any use allowed in the underlying zoning districts,
except those specifically prohibited in Section 3-
5 . 2 (7) (B) herein:
B) Prohibited Uses:
The following uses are prohibited in the WP Well
Protection Overlay District:
a) Any use prohibited in the underlying zoning 'r
districts.
b) All uses prohibited in section 3-5. 2 (6) (B) herein. /
c) Parking and/or storage of transport vehicles for
fuel, including but not limited to oil, coal and
gas .
d) Parking and/or storage of transport vehicles for
toxic and/or hazardous substances.
e) Any use which uses, generates or stores, including
racking for re-sale, toxic or hazardous substances,
totalling at any one time, more than fifty (50) .
gallons liquid volume or twenty-five (25) pounds dry
weight.
C) Lot Coverage:
Unless the applicant demonstrates that all run-off is
recharged- on-site, no more than 15% or 2, 500 square feet
whichever is greater, of the total area of, any lot shall
be rendered impervious by the installation of buildings,
structures and paved surfaces. If all recharge is
disposed on on-site, no more than fifty percent (500) of
the total upland area of any lot shall be made
impervious by the installation of buildings, . structures,
and paved surfaces.
• 93
D) Site Clearing.j
A minimum of •thirty percent (30%) of the total upland
area of any lot shall be retained in its natural state.
This shall not prevent the removal of dead, diseased or
damaged trees .
(Amended 8119193 - Item #93-105 - T. Council vote)
}