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Home My WebLink About0196 CRAIGVILLE BEACH ROAD i �H i re rt� I M 3 J � ��',G�fif" I �DG2-�, p i f � J� 1 1 �I . ^ . Town of Barnstable Building �a ;f'� a w,•'�`mr r;n,-„^:v .��5�''; -w �,��„ .� �n-.. +r�. s a PostTh�sCar.,d So That rt is�Yistble Fromthe,Street Approved Plans Must>be Retemed on Job and this Card Must,be Kept r _,�. oARlVtTPABL6; " �� v - .�w': �,!r,n,.r,� �a.'de- , •.�`✓�`�-:'tea�, "`�y? z � <�' zt -��Y 3` x; .�.-. � • prize Posted�Untll Final Inspection Has`BeenMadex^ a R �� `� " �'"" '� �"� � `" �' it m shall�Not�be,Occu Ried u»t�l a�Frnal�lns?ectionhasbeen;;made Permit. :ram Where a Certificate.of Oecupancy�s Regwired,such Bud g ,� p .p K , Permit No. B-18-2864 Applicant Name: Brien Langill Vivint Solar Developer LLC Approvals Date Issued: 09/20/2018 Current Use: Structure Permit Type: Building-Solar Panel-Residential Expiration Date: 03/20/2019 Foundation: Location: 196 CRAIGVILLE BEACH ROAD,HYANNIS Map/Lot: 267 143 Zoning District: RB Sheathing: Owner on Record: SOUTO,RAUL G L&GILBER J I Contractor Name BRIEN LANGILL Framing:4-2 1 1 Address: 196 CRAIGVILLE BEACH RD p- ContractorLense: CS=106675 2 is Z.` i HYANNIS,MA 02601 "Est rbj6ct Cost: $14,520.00 Chimney: Description: Installation of roof mounted photovoltaic solar yst�ems E 22 panels �Pe mit Fee: $124.05 Insulation: 6.6 kW (' Fee Paid:` $124.05 Project Review Req: Date g 9/20/2018 Final: Plumbing/Gas I: Rough Plumbing: % Building Official Final Plumbing: Rough Gas: This permit shall be deemed abandoned and invalid unless the work authorzed by this permit is commenced within six months after issuance. All work authorized by this permit shall conform to the approved application and the.approved construction documPn#s for which,this permit has been granted. Final Gas: All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoningby laws a d codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open four publre�mspection for the entire duration of the work until the completion of the same. Electrical 4 11 Service: The Certificate of Occupancy will not be issued until all applicable signatures by he B ild g and Fire Officials are provided onithis permit. Minimum of Five Call Inspections Re uired for All Construction ork:; Rou h: W 1.Foundation or Footing q � �' g 2.Sheathing Inspection Final: 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Low Voltage Rough: 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Low Voltage Final: 7.Final Inspection before Occupancy Health Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Final: Work shall not proceed until the Inspector has approved the various stages of construction. "Pe'sons con cting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Final: Building plans are to be available on site All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT HARMON LAW OFFICES, P.C. 150 CALIFORNIA STREET 4, NEWTON,MASSACHUSETTS 02458 TEL(617)558-0500 FAX(617)244-7304 SERVING MASSACHUSETTS,NEW HAMPSHIRE AND RHODE ISLAND May 4, 2011 Town of Barnstable Regulatory Services Building Division ' 200 Main Street Hyannis, MA 02601 Re: Central Mortgage Company/Souto, Raul G.L. Property address: 196 Craigville Beach Road, Hyannis (Barnstable), MA 02601 Our File No. 200910-1710 Dear Sir/Madam: This is to inform you that the foreclosure sale on the above-referenced property which was scheduled for May 5, 2011 has been postponed until June 6, 2011 at 4:00 p.m.. Very truly yours, i Harmon Law Offices,.P.C. , - r 200910-1710- Souto, Raul G.L. PLEASE BE ADVISED THAT THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT AND THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 200910-1710 FCL ` /Continuance Letter to Parties/Souto, Raul G.L.- HARMON LAW OFFICES, P.C. 150 CALIFORNIA STREET T 0 W R OF I-E XR STA.8 L E NEWTON,MASSACHUSETTS 02458 TEL(617)558-0500 FAX(617)244-7304 : SERVING MASSACHUSETTS,NEW HAMPSHIRE AND RHODE ISLAND April 1,2011 Town of Barnstable Regulatory Services Building Division 200 Main Street Hyannis, MA 02601 NOTICE OF MORTGAGE FORECLOSURE SALE Re: Central Mortgage Company/Souto,Raul G.L. Pursuant to Massachusetts General Laws, Chapter 244, Section 14, as amended, enclosed is a copy of the Notice of Mortgagee's Sale of Real Estate. This notice is provided to you because an examination of the record title shows that you held an interest of record in the property thirty(30)days prior to the sale. Central Mortgage Company Present holder of mortgage By its Attorney, Harmon Law Offices, P.C. 7160 3901 9849 2366 0316 LRS/MAF/200910-1710 • ' i Enclosure CERTIFIED MAIL NO. ' RETURN RECEIPT REQUESTED 200910-1710 FCL /Notice of Sale_ Lienholder/Souto, Raul G.L. s NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Raul G.L. Souto and Gilbert J..Souto a/k/a Gilber Jesus Souto to Mortgage Electronic Registration Systems, Inc., dated December 8, 2006 and recorded with the Barnstable County Registry of Deeds at Book 21607, Page 207, of which mortgage Central Mortgage Company is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 4:00 p.m. on May 5, 2011, on the mortgaged premises located at 196 Craigville Beach Road, Hyannis (Barnstable), Barnstable County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: The land in Barnstable (Hyannis/West Hyannisport), Barnstable County, Massachusetts, with the buildings theren, bounded and described as follows: NORTHEASTERLY: by land of CX.M. Realty Associates, as shown on the plan hereinafter - described, 101 feet; SOUTHEASTERLY: by Lot 21, as shown on said plan, 100 feet; SOUTHWESTERLY: by Old Craigville Road, as shown on said plan,.101 feet; NORTHWESTERLY: by land of Anista and Priscilla Butkus, as shown on said plan, 100 feet. Containing 10,091 square feet, according to said plan. The above described premises are shown as Lot 22 on plan of land entitled "Plan of Land Barnstable, Mass. Owner: C.K.M. Realty Associates" dated April 12,1971, and recorded with Barnstable County Registry of Deeds in Plan Book 245, Page 153. Said premises are conveyed subject to Protective Covenants as set forth in instrument dated June 10,1972+and recorded in said Registry of Deeds, Book 1666, Page 172. For mortgagor's(s') title see deed recorded with Barnstable County Registry of Deeds.in Book 15383, Page 306. These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, covenants., liens or claims in'-the nature of liens, improvements, public assessments, any and all unpaid taxes, tax titles, tax liens, water and sewer liens and any other,municipal assessments or liens or existing encumbrances of record which are in force and are applicable, having priority over said mortgage, whether or not reference to such restrictions, easements,improvements, liens or encumbrances is made in the deed. TERMS OF SALE: A deposit of Five Thousand ($5,000.00) Dollars b certified or bank check will be required ' Y q to be paid by the purchaser at the time and place of sale. The balance is to be paid by certified or bank check at Harmon Law Offices, P.C., 150 California Street, Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton Highlands, Massachusetts 02461-0389, within thirty (30) days from the date of sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. The description of the premises contained in said mortgage shall control'in the event of an error in this publication. 200910-1710 FCL /Notice of Sale MA with legal description/Souto,Raul G.L. i Other terms, if any, to be announced at the sale. CENTRAL MORTGAGE COMPANY Present holder of said mortgage By its Attorneys, HARMON LAW OFFICES, P.C. 150 California Street Newton, MA 02458 (617) 558-0500- 200910-1710 - RED , o � �, �� ,i,� � �'' i Town of Barnstable Regulatory Services * swRtvsrns�, 9 MASS. Thomas F. Geiler, Director &639.�AlEOM►'�e Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM TO: Paul FROM: Lois DATE: 1/3/11 RE: 196 Craigville Beach Road, Hyannis At Robin's suggestion I sent a letter to Raul Souto regarding the family apartment application for this address. 200802299 was issued on 6/19/08, no inspections. Thiago Souto was in today, said the work was done, that his parents live in the main house and his cousin in the apartment. I gave him a Family Apartment Affidavit to give to his father to complete and return. He said they were waiting for someone to come and inspect. Debi told me that the permit can be reactivated. Please give Thiago a call re the final inspection (he helps his parents with English). His number is 774 836 6852. There is a 12/9/10 Notice of Mortgage Foreclosure Sale in the file. Thiago said it is not going to be foreclosed... Cc: Robin ask 24856 Ps 1 17 041E-3589 ~(SEAL) THE COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT To: Case No 10 MISC 433732 Raul G.L.Souto;Gllber J. Souto Central Mortgage Company and to all persons entitled to the benefit of the Servicemembers Civil Relief Act. Central Mortgage Company claiming to be the holder of a Mortgage covering real property in . Hyannis(Barnstable), numbered 196 Craigville Beach Road - given by Raul G.L. Souto and Gilbert J. Souto a/k/a Gilber Jesus Souto to Mortgage Electronic w Registration Systems,Inc.,dated December 8,2006,and recorded with the Barnstable County Registry of Deeds at Book 21607,Page 207 and now held by the plaintiff by assignment has filed with said court a complaint for authority to foreclose said mortgage in the manner following: by entry and possession and exercise of power of sale. If you are entitled to the benefits of the Servicemembers Civil Relief Act as amended and you object to such foreclosure you or your attorney should file a written appearance and answer in said court at Boston on or before OCT 2 5 2Q10 or you may be forever barred from claiming that such foreclosure is invalid under said act. Witness,KARYN F.SCHEIER,Chief Justice of said Court on SEP 0 7 2010 Attest: ATRUE COPY ATTEST. DEBORAH J.PATTERSON RECORDER RECORDER 200910-1710-RED BARNSTABLE REGISTRY,OF DEEDS HARMON LAW OFFICES, P.0` ' ` ' '= 150 CALIFORNIA STREET NEWTON,MASSACHUSETTS 02458 ? ._ :' 1 Z lit' TEL(617)558-0500 FAX(617)244-7304 SERVING MASSACHUSETTS,NEW HAMPSHIRE AND RHODE ISLAND— January 11, 2011 Town of Barnstable Regulatory Services Building Division 200 Main Street Hyannis, MA 02601 Re: Central Mortgage Company/Souto, Raul G.L. Property address: 196 Craigville Beach Road, Hyannis (Barnstable), MA 02601 Our File No. 200910-1710 Dear Sir/Madam: This is to inform you that the foreclosure sale on the above-referenced property which was scheduled for January 11, 2011 has been postponed until February 15, 2011 at 1:00 p.m.. Very truly yours, Harmon Law Offices, P.C. 200910-1710-Souto, Raul G.L. PLEASE BE ADVISED THAT THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT AND THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 200910-1710 FCL /Continuance' Letter to Parties/Souto, Raul G.L. Town of Barnstable Regulatory Services * BARNSFABLE, s 9 MASS. $ Thomas F. Geiler, Director 16 39ft. Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 . www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 December 22, 2010 Raul Souto 196 Craigville Beach Road Hyannis, MA 02601 Dear Mr. Souto: Please call me at 508 862 4039 regarding the.family apartments at 196 Craigville Beach Road and 57 Lewis Street, Hyannis. I look forward to hearing from you: Sincerely, Lois Barry Division Assistant HARMON LAW OFFICES, P.C. 150 CALIFORNIA STREET NEWTON,MASSACHUSETTS 02458 TEL(617)558-0500 FAX(617)244-7304 SERVING MASSA'CHUSETTS,NEW HAMPSHIRE AND RHODE ISLAND December 9,2010 Town of Barnstable Regulatory Services Building Division 200 Main Street Hyannis,MA 02601 r NOTICE OF MORTGAGE FORECLOSURE SALE Re: Central Mortgage Company/Souto,Raul G.L. Pursuant to Massachusetts General Laws, Chapter 244, Section 14, as amended, enclosed is a copy of the Notice of Mortgagee's Sale of Real Estate. This notice is provided to you because an examination of the record title shows that you held an interest of record in the property thirty(30)days prior to the sale. Central Mortgage Company Present holder of mortgage By its Attorney, Harmon Law Offices, P.C. dyZy 5d'�4 LRS/MAF/200910-1710 Q 390'L 984� • ® 4 . s Enclosure ?1b CERTIFIED MAIL NO. RETURN RECEIPT REQUESTED cam? =a 200910-1710 FCL /Notice of. Sale Lienholder/Souto, Raul G.L. NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Raul G.L. Souto and Gilbert J. Souto a/k/a Gilber Jesus Souto to Mortgage Electronic Registration Systems, Inc., dated December 8, 2006 and recorded with the Barnstable County Registry of Deeds at Book 21607, Page 207, of which mortgage Central Mortgage Company is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same ,will be sold at Public Auction at 1:00 p.m. on January 11,.2011, .on the mortgaged premises located at 91 6 C�aigville Beach Road;Hyannis(Barnstable)-Barnstable County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: The land in Barnstable (Hyannis/West Hyannisport), Barnstable County, Massachusetts, with the buildings theren, bounded and described as follows: NORTHEASTERLY: by land of C.K.M. Realty Associates, as shown on the plan hereinafter described, 101 feet; SOUTHEASTERLY: by Lot 21, as shown on said plan, 100 feet; SOUTHWESTERLY: by Old Craigville Road, as shown on said plan, 101 feet; NORTHWESTERLY: by land of Anista and Priscilla Butkus, as shown on said plan, 100 feet. Containing 10,091 square feet, according to said plan. The above described premises are shown as Lot 22 on plan of land entitled "Plan of Land Barnstable, Mass. Owner: C.K.M. Realty Associates" dated April 12,1971, and recorded with Barnstable County Registry of Deeds in Plan Book 245, Page 153. Said premises are conveyed subject to Protective Covenants as set forth in in dated June 10,1972 and recorded in said Registry of Deeds, Book 1666, Page 172. z For mortgagor's(s') title see deed recorded with Barnstable County Registry of Deeds in Book 15383, Page 306. These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, covenants, liens or claims in the nature of liens, improvements, public assessments,-any and all unpaid taxes, tax titles, tax liens, water and sewer liens and any other municipal assessments or liens or existing encumbrances of record which are in force and are applicable, having priority over said mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed. TERMS OF SALE: A deposit of Five Thousand ($5,000.00 ) Dollars by certified or bank check will be required to be paid by the purchaser at the time and place of sale. The balance is to be paid by certified or bank check at Harmon Law Offices, P.C., 150 California Street, Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton Highlands, Massachusetts 02461-0389, within thirty (30), days from the date of sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. The description of the premises contained in said mortgage shall control in 261911-1111 FCL [Notice .of Sale MA with legal description/Souto,Raul G.L. ff the event of an error in this publication. Other terms, if any, to be announced at the sale. CENTRAL MORTGAGE COMPANY Present holder of said mortgage By its Attorneys, HARMON LAW OFFICES, P.C. 150 California Street Newton, MA 02458 (617) 558-0500 200910-1710 - RED r DATE: August 5, 2009 TO": Bldg Files FROM: R. Anderson, ZEO RE: Souto, Gilber& Carolina Raul G Souto & Gilber J Souto are the record owners of,"96 Craigville_B:each'Rd-, Hyannis. Raul Souto is the record owner of 12 Kilkore Drive, Hyannis Gilbert J Souto is the record owner of 109 Compass Circle, Hyannis Carolina Z. & Gilber Jesus Souto are the record owners of 57 Lewis Street,Hyannis 57 Lewis Street was inspected as a result of a tenant's complaint to the BOH. An illegal basement apartment was found in the basement. A number of issues were identified. Photos are on file . An exit order was issued for two basement bedrooms . Documentation is contained in the street file. Assessing identifies the mailing address to be 57 Lewis St. It was confirmed during the inspection that the owner does not live here. She arrives to collect the rent (weekly?). 196 Craigville Beach Rd has a family apartment. The permit (200802299)to create the family apartment and add two egress windows identifies Raphael Ribeiro as a cousin. The property is limited to 5 bedrooms. 109 Compass Circle, Hyannis-no history in file. Not a registered rental. 12 Kilkore Drive, Hyannis—no history in file. Not a registered rental Barnstable Assessing Search Results Pagel of 3 xr y y � f Home: Departments:Assessors Division: Property Assessment Search Results New Search 'New Interactive Maps >> Owner: 2009 Assessed Values: SOUTO, RAUL G L&GILBER J 196�CRA_IGV_ILLEBEACH-ROAD Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $ 159,500 $ 159,500 267 /143/ Extra Features: $24,600 $24,600 Outbuildings: $500 $500 Mailing Address Land Value: $ 137,400 $ 137,400 SOUTO, RAUL G L&GILBER J Totals $322,000 $322,000 196 CRAIGVILLE BEACH RD Residential Exemption Received=$100,964 HYANNIS, MA.02601 2009 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $45.75 Fire District Rates Town Rt Barnstable FD-All Classes $2.37 $6.90 C.O.M.M.-All Classes $1.08 Town C4 Hyannis FD Tax(Residential) $573.16 Cotuit FD-All Classes $1.43 $6.12 Hyannis-Residential $1.78 Town Tax(Residential) $ 1,525.15 Hyannis-Commercial $2.77 W Barnstable-All Classes $2.11 Commur Total: $2,144.06 Construction Details Building Propery Sketch & ASBUILT Property Sketch legend Building value $ 159,500 Interior Floors Carpet Style Raised Ranch Interior Walls Drywall Model Residentiai Heat Fuel Gas Grade Average Heat Type Hot Water http://www.town.bamstable.ma.us/assessing/2009/displayparcelQ9map.asp?mappar=267143 8/3/2009 Barnstable Assessing Search Results Page 2 of 3 Stories 1 Story AC Type None Exterior Walls Wood Shingle Bedrooms 6 Bedrooms Roof Structure Gable/Hip Bathrooms 2 Full Roof Cover Asph/F GIs/Cmp living area 1288 Replacement Cost $187699 Year Built 1971 � Depreciation 15 Total Rooms 9 Rooms .v ra i 3R;c f '! Land3 ry I CODE 1010 ' if Lot Size(Acres) 0.23 Appraised Value $ 137,400 Assessed Value $ 137,400 As Built Cards: View Interactive Maps > Sales History: Owner: - Sale Date Book/Page: Sale Price: SOUTO, RAUL G L&GILBER J Jul 19 2002 12:OOAM 15383/306 $270,000 TURNER,JOSEPH T&ANN C Nov 15 199.6:.12:00AM 10483/282 $ 100,000 SCHMIDT, NORMAN H&MILDRED L 2050/311 $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL1 Fireplace 1 $2,600 $2,600 SHED Shed 80 $500 $500 BLA Bsmt Liv-Aver 1000 $21,300 $21,300 FPO Ext FP Opening 1 $700 $700 Property Sketch Legend BAS First Floor, Living Area FST Utility Area (Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRN .Greenhouse UUA Unfinished Utility Attic Full Upper 2nd Story FEP Enclosed Porch PTO Patio UUS (Unfinished) http://www.town.bamstable.ma.us/assessing/2009/displayparcelO9map.asp?mappar=267143 8/3/2009 Barnstable Assessing Search Results Page 3 of 3 FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/assessing/2009/displayparcelO9map.asp?mappar=267143 8/3/2009 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION. Map A 6 7 Parcel `�� Application# 2 OgO-2 9 Health Division Date Issued 9'Z/ 9/0 $ Conservation Division Application Fee (2 9 D a i Tax Collector Permit Fee Treasurer 0 • Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address 114 64 4-1 ✓/ Village iv V/'- ate/ Owner 0 !_ So«.17A l 6 - -5o v-M. Address Telephone ,(50o Permit Request !— I 'l b - CCU u S i / e— art � n Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. ' Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑YesXNo On Old King's Highway: Q Yes' No Basement Type: Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing new Half:existing ' new Number of Bedrooms: existing 5- new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: AGas ❑Oil ❑Electric ❑Other Central Air: ❑Yes XNo Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size l30 Pool:❑existing ❑new size Q Barn:❑existing ❑new size Attached garage:❑existing ❑new size )JO Shed:�(existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION Name d s� Telephone Number ('500 2� Address ( _Oj o U-R 1 (ry I LLB RACff P-AA- License# N N S ► M A- Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURIffftJLU ' DATE n O ` FOR OFFICIAL USE ONLY - APPLICATION# DATE ISSUED y MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL ?� FINAL BUILDING DATE CLOSED OUT P ASSOCIATION PLAN NO. r . The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): �— V'�� /�7 I L �' 60,7 1 Address:__ S(o �`{ ��IN 1 O Phone.#: 5©� oCiJ go City/State/Zip: g Are you an employer?Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and 1 , 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. 7. ❑Remodeling ship and have no employees These sub-contractors have g• ❑ Demolition workingfor me in an capacity. employees and have workers' Y P ty $ 9. ❑ Building addition [No workers' comp.insurance 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 +f myself. [No workers' comp. right of exemption per MGL _12.❑ Roof repairs insurance required.] t c. 152, §1(4),and we have no I employees. [No workers' 13.❑ Other 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 must submit a new affidavit indicating such. xContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site 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 indelthep r'ns an pen ies of perjury that the information provided/aboove is true and correct Si afar . l.� !Q Date: J o(/ (V _ Phone#: ��0 XJ -9 g"� 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#: 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 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 a Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. # 617-727-4900 ext 406 or 1-877-NIASSAFE Fax#617-727-7749 Revised 11-22-06 www.mass-gov/dia ENERGY CONSERVATION APPLICATION FORM FOR ENERGY EFFICICIENCY FOR ONE- AND TWO-FAMILY DETACHED RESIDENTIAL CONSTRUCTION (780 CMR 61.00) Applicant Name: Site Address: pr;nr Town: Applicant Phone: Applicant Signature: Date of Application: NEW CONSTRUCTION: choose ONE of the following two options) 780 CMR TABLE 6107.1 PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA FOR NEW ONE- AND TWO-FAMILY BUILDINGS MAXIMUM MINIMUM Ceiling or 0 tion 1: Basement FAFU7E1H-SPF SEER ent Slab L� P Fenestration exposed Wall Floor Perimeter - U-factor floors R-Value R-Value Wall R-Value R-Value R-Value and Depth National Appliance Energy .35 R-3 8 R-19 R-19 R-10 R-1.0, Conservation Act(NAECA)of 4 ft. 1987 as amended,minimums or greater as applicable Note: This form is not required if you choose either of the two versions of REScheck as listed below, ❑ Option 2: REScheck Version 4.1.2 or later variant software analysis must be completed (780 CMR 6107.3.2) [RES check—Web which can be accessed at http://www.energycodes.gov/reschecu ADDITIONS OR ALTERATIONS TOEXISTING BUILDINGS.OVER 5.YEARS OLD* *Buildings under 5 years old must use option#1 or#2 in New Construction section above. Complete the following formula to determine the % of glazing: (a) Gross Wall & Ceiling Area equals Formula: (1,00 x b-a) SF - 100 x % of glazing (b) Glazing area equals SF b a If glazing is <40% use.the chart below.. ' if glazin is>40 "/o;proceed to "SUNROOM' section, 780 CMR TABLE 6101.3 PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA ADDITIONS TO EXISTING LOW-RISE RESIDENTIAL BUILDINGS Vj MAXIMUM MINIMUM Ceiling and Slab Perimeter Fenestration Wall Floor Basement Wall Exposed floors R-Value U-factor R-Value R-Value R-value R-Value and Depth .39 R-37 a R-13 R-19 R-10 R-10, 4 feet a R-30 ceiling insulation may be used in place of R-37 if the insulation achieves the full R-yalue over the entire ceiling area(i.e.not compressed over exterior walls, and including any access openings), SUNROOM—An addition or alteration to an existing building/dwelling unit where the totalEl I glazing area of said addition exceeds 40%, of the combined gross wall and ceiling area of the ' addition. Note: Owner to fill out Consumer Information Form(found in Appendix 120.P) Town of Barnstable y�P �Olt THE Tp�� Regulatory Services g Y ,BARNSTABLE, Thomas F.Geiler,Director • * y MASS. . 039• .0 Building Division �AfFD MA't A Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 . www.town.barnstable.ma.us Office: 508-862-4038 Fax:. 508-790-6230 HOMEOWNER LICENSE EXEMPTION �J Q(� (�Q Please Print DATE: 1 j0&jI`V 0 JOB LOCATION: 191U cg,k U)C.I- /7J/ P01 J HA A 0 26 O—L number street village "HOMEOWNER': pAVLSOVTn V106 TIE ImI O /150 J —q/J 0�9ti name n home phone# work phone# CURRENT MAILING ADDRESS: 19 6 C2A-I i-V 1(-LE:-LE: 86A-C N J9A�_ NCI TIN 15 �-1�4 J'iG 0_1_._ city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellines 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 faun structures. A person who 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 fie/she understands the Town of Barnstable Building Department minimum inspection rocedures and requirements and that he/she will comply with said procedures and requirem tXeoe Signature o F 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 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 fomi/certification for use in your community. Q:forms:homeexempt n zHETa,, Town of Barnstable ti Regulatory Services ra MASS. $4 Thomas F.Geiler,Director �p 163q. Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Co lete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this wilding permit application for. (Address of Job) Signature of Owner Date Print Name If Property Owner is applying for permit please complete"the Homeowners License Exemption Form on the reverse side. Q:FORM&O WNERPERMISSION tE-- J V Apf}�TMErN� C.0 P-S�V,R I�, l La11 771 i B k 22S55 F':a 29s a -`-21 i 76 Do- � AS - F LUMMIZ HAM Town of Barnstable 'QA P`AR 21 P 1 -J 8 Zoning Board of Appeals Decision and Notice Special Permit No. 2008-019-Souto Section 24047.1.A(1) Family Apartments To maintain the lower level of a split level single-family dwelling as a family apartment of 826 sq.ft. Summary: Granted with Conditions Applicant: Gilber Souto Property Address: 196 Craigville Beach Road, Hyannis, MA Assessor's Map/Parcel: Map 267 as parcel 143 Zoning: Residence B Zoning District Relief Requested and Background: ® The subject property is a 0.23-acre lot developed with a one-story, split-level 1,288 sq.ft. single-family dwelling. The property was last transferred in July of 2002 and is titled to Raul G.L. Souto and Gilber J. Souto. According to the application submitted, the apartment unit existed in the lower level of the split level home when the applicant purchased the property. The applicant cited the apartment unit as being 688 sq.ft. However, at the hearing the Board received information from the Building Division t^ that it was 829 sq.ft. An engineered plan for the five-bedroom septic system was submitted along with a non-scaled drawing of the first floor layout of the dwelling and the lower level apartment unit. The drawings show 3 bedrooms on the first floor and 2 bedrooms on the lower level. J The applicant originally sought a variance from Section 47.1, Family Apartments. However, upon review of the Board it was determined that this relief could be granted as a Special Permit.pursuant to Section 240-47.1.A(1) Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 23, 2008. A public hearing before the Zoning Board of Appeals was duly advertised and, notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 12, 2008, at which time the Board found to grant the Special Permit subject to conditions. Board Members deciding this appeal were James R. Hatfield, Sheila Geiler,John T. Norman, Kelly Kevin Lydon, and Chairman, Gail C. Nightingale. Mr. Gilber Souto represented himself at the public hearing. He noted that he and his father purchased the property about five years ago and that the apartment unit existing in the lower level of the dwelling at that time. He cited that his whole family lives in the home and the Building Division cited them for the number of vehicles parked in the yard. When that division visited the home they noted the apartment units and stated that they had no records of the unit being installed and that relief form the Board would be required due to the size of the apartment. BARNSTABLB, ED Mpl� Town of Barnstable '08 MAR 21 P 1 8 Zoning Board of Appeals Decision and Notice Special Permit No. 2008-019 - Souto Section 240-47.1.A(1) Family Apartments To maintain the lower level of a split level single-family dwelling as a family apartment of 826 sq.ft. Summary: Granted with Conditions Applicant: Gilber Souto Property Address: 196 Craigville Beach Road, Hyannis, MA Assessor's Map/Parcel: Map 267 as parcel 143 Zoning: Residence B Zoning District Relief Requested and Background: The subject property is a 0.23-acre lot developed with a one-story, split-level 1,288 sq.ft..single-family dwelling. The property was last transferred in July of 2002 and is titled to Raul G.L. Souto and Gilber J. Souto. According to the application submitted, the apartment unit existed in the lower level of the split level home when the applicant purchased the property. The applicant cited the apartment unit as. being 688 sq.ft. However, at the hearing the Board received information from the Building Division that it was 829 sq.ft. An engineered plan for the five-bedroom septic system was submitted along with a non-scaled drawing of the first floor layout of the dwelling and the lower level apartment unit. The drawings show 3 bedrooms on the first floor and 2 bedrooms on the lower level. The applicant originally sought a variance from Section 47.1, Family Apartments. However, upon review of the Board it was determined thatthis relief could be granted as a Special Permit pursuant to Section 240-47.1.A(1) Procedural & Hearing Summary: This appeal was filed,at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 23, 2008. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 12, 2008, at which time the Board found to grant the Special Permit subject to conditions. Board Members deciding this appeal were James R. Hatfield, Sheila Geiler, John.T. Norman, Kelly Kevin Lydon, and Chairman, Gail C. Nightingale. Mr. Gilber Souto represented himself at the public hearing. He noted that he and his father purchased the property about five years ago and that the apartment unit existing in the lower level of the dwelling at that time. He cited that his whole.family lives in the home and the Building Division cited them for the number of vehicles parked in the yard. When that division visited the home they noted the apartment units and stated that they had no records of the unit being installed and that relief form the Board,would be required.due to the size of the apartment. ILIYL! i Town of Barnstable—Zoning Board of Appeals—Decision and Notice Special Permit No.2008-019—Souto-Family Apartment ( ' uY Mr. Souto noted that his cousin occupies the basement level apartment. The Board cited that occupancy is also limited to two persons in the apartment units. Mr. Souto stated that he would comply with that requirement. It was also confirmed that the main dwelling unit above had three bedrooms and was being occupied by four persons. It was also noted that the Building Inspector had been to the property and measured the family apartment unit at 829 sq.ft. and the main dwelling unit at 1,148 sq.ft. The Board stated that this area exceeds the 800 sq.ft. maximum area for a family apartment. However, it is under the 1,200 sq.ft. limit and the Board could permit it by special permit. The Board and applicant discussed the number of vehicles and it was noted that 6 vehicles are parked on the property. Mr. Souto stated that there is sufficient area on the lot to park that many vehicles. Building Commissioner Tom Perry addressed the area of the apartment stating that there is also a utility room in the basement and that the applicant would be required to secure a building permit for the unit and an occupancy permit also. The permits would trigger any improvements needed and assure all building codes were met. Public comment was requested and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of March 12, 2008, the Board unanimously made the following findings of fact: 1. Appeal 2008-019 is that application of Gilber Souto for property addressed as 196 Craigville Beach Road, Hyannis, MA. It is shown on Assessor's Map 267 as parcel 143. It is in a Residence B Zoning District. The applicant is seeking a variance to the provision of a family apartment to. allow the apartment to exceed the 800 sq.ft. maximum. However that relief can be granted as a special permit pursuant to Section 240-47.1.A(1). 2. The property is a 0.23-acre lot developed with a'one-story, split-level, 1,288 sq.ft. single-family dwelling. The applicant acquired the property in July of 2002 and according to.his testimony the apartment unit exi.sted in the Lower level of the home at that time. The Building Division has confirmed that the apartment unit is 829 sq.ft., and consists of 2 bedrooms. 3. In May of 2007, the Health Division issued a violation to the property requiring it to be upgraded to Title V. In August of 2007, the Building Division inspected the property as a result of a complaint that there was overcrowding. In December of 2008, a new on-site septic system was installed. That system's design capacity is that of a 5 bedroom dwelling. The property is in a Wellhead Protection Overlay District and the septic system was installed as an upgrade of the _existing. This allowed for the grandfathering of the number of bedrooms. The new system also was granted dimensional variances from the Board of Health regulations. .4. Today, the applicant is seeking to ensure that the apartment unit is legal under zoning. With proper conditions, this permit may be granted without'substantial detriment to the public good and neighborhood. Decision: Based on the findings of fact, a motion was duly made and seconded to grant a family apartment special permit to allow a family apartment of 829 sq.ft. subject to all of the following conditions: 1. The family apartment shall comply with, and be maintained, in full compliance with all other requirements of Section 240-47.1 for a family apartment as-of-right as well as all conditions in this decision. 2 Town of Barnstable—Zoning Board of Appeals—Decision and Notice. e Mu e Special Permit No.2008-019—Souto-Family Apartment 2. The family apartment shall be maintained as a two-bedroom unit in the lower level of the split level home not to exceed 829 sq.ft. Occupancy of the unit is limited to no more that two persons. 3. The main dwelling unit shall be limited to that of a three-bedroom dwelling to be occupied by the property owner. This unit shall be limited to an occupancy not to exceed four persons. 4. The total number of persons residing on the property shall not exceed 6. 5. The maximum number of vehicles parked on the property over night (midnight to 6:00 AM) is limited to 6 vehicles. 6. The applicant shall apply for a building permit for the construction of the unit. Any and all requirements of the Building Division shall be fully complied with to assure that the unit and building meet all applicable codes for human habitation, including building, fire, and health. .7. Occupancy of the dwelling and the family apartment unit is restricted to family members only and there shall be no renting of the unit to non-family members and no renting of rooms allowed. 8. This permit is issued to the applicant and is nontransferable. 9. The violation of any of the conditions imposed shall be reason for the Building Commissioner to request a show cause hearing with this Board to revoke this permit. The vote was as follows: AYE: James R. Hatfield, Sheila Geiler,John T. Norman, Kelly Kevin Lydon, Gail C. Nightingale NAY: None Ordered: Special Permit No. 2008-019 has been granted with conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. Appeals of this.decision, if any, shall be made pursuant to.MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision, a copy of which must be filed in the office of the Barnstable Town Clerk. CMG _?21 0� . Ga C. Nightingale Chair n Date Signed I, Linda Hutchenri r, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days,have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of u 62O Vunder the pains and penalties of perjury. Linda utchenrider, Town Clerk 3 �sr+E rq� rown of Barnstabic BARN9fABLE. = Assessing Division �q 639. s 367 Main Street,Hyannis MA 02601 fD MA'S www.town.barnstable.ma.us Office: 508-862-4022 Jeffery A.Rudziak,MAA FAX: 508-862-4722 Director of Assessing ABUTTERS LIST CERTIFICATION February 20, 2008 RE: Adjacent Abutters List For Parcel(s) :R267-143 196 Craigville Beach Rd As requested, I hereby certify the names and addresses as.submitted on the attached sheet(s) as required under Chapter 40A, Section 11 of the Massachusetts General Laws for the above referenced parcel. They appear on the most recent tax list with the mailing addresses supplied with no exceptions.. Nancy J Fin eh, MAA Assistant Assessor Attachment Q:\ABUTTER LETTERS\abutters-blank.DOC AbutterReport Page 1 of 3 Zoning Board of Appeals (ZBA) Abutter List for Map & Parcel(s): '267143' Parties of interest are those directly opposite subject lot on any public or private street or way and abutters to abutters. Notification of all properties within 300 feet ring of the subject lot. Close Total Count: 22 Map.&Parcel Owners Owner2 Addressl Address 2 Mailing CityStateZip 266031 HYANNISPORT CLUB 2 IRVING AVE HYANNISPORT, MA 02647 267067001 RUFO, GUY& 10 OLD TOWN RD HYANNIS, MA MAURAJ 02601 267067002 DERRICO, NICOLE S 32 MINET ST 02540 TH, MA 2540 267068 MCDONALD, 780 S MAIN ST CENTERVILLE, FRANCES A MA 02632 267069 BROWNELL, LINDA PO BOX 744 MATTAPOISETT, MA 02739-0744 MCSWEENEY, MASHPEE, MA 267090 DANIEL ONE MAGNOLIA LN 02649 267122 VITALI, PHILIP A 48 STRAIGHTWAY HYANNIS, MA 02601 MCNALLY, SO BOSTON, MA 267123 GREGORY&STACEY 549 E 4TH ST CH3 02127 LYNN 267143 SOUTO, RAUL G L& 196 CRAIGVILLE HYANNIS, MA GILBERI BEACH RD 02601 267144 STEWART, RACHEL PO BOX 228 FRAMINGHAM, A MA 01704 267145 MADDOX, HARRY R 1835 CARLA DR MORROW, GA &JOYCE 30260 MUNAFO,JAMES F HYANNIS, MA 267146 JR&ALICE A 33 STRAIGHTWAY 02601 SILVA, FRANCISCO %WELLS FARGO C/O COUNTRYWIDE 7105 PLANO,TX 267147 JOSE & NAT'L BANK TRS HOME LOANS SER CORPORATE 75024-3632 DRIVE 267148 PIMENTA,JOAO L 55 STRAIGHTWAY HYANNIS, MA 02601 COLLUCCI,. %WELLS FARGO 3476 STATEVIEW. FT MILL, SC 267149 ANTHONY C& BANK BLVD 29715 ALANA L 267155 DEOLIVEIRA, 41 PARKWAY PL HYANNIS, MA CLAUDINEI E 02601 BARNSTABLE HYANNIS, MA 267156 HOUSING 146 SOUTH ST 02601 AUTHOR'Y BAYVIEW REALTY MARSTONS 267157 BLEU,ALFRED A TR TRUST 28 PEACHTREE RD MILLS, MA 02648 SdU/ v n /.,,......o.. /A1..ff—D ar nrf oc"v7txmP=7RA /./I 400OR abutterReport Page 2 of 3 C/O 267158 LOMBA,JOHN C MO M &T AC# 0006647036 PO BOX 444 BUFFALO, NY MORTGAGE CORP 1420-0444 267159 GALL,JAMES R& FELICELLI, SARA M 148 MELBOURNE RD HYANNIS, MA 02601 267162 SCHWAAB, ERIC& 157 MELBOURNE RD HYANNIS, MA ELEANOR 02601 -11-.��--..-.-�.4...�.� t...�.....L..L�..�Mn •ten�nvnmn�nrr�t`p/�/1 vN/A 1-++-'D o— 9f,%ma=7R A AbutterReport Page 3 of 3 267163 GURSKI, DANIEL& GURSKI,ANDREIA 147 MELBOURNE RD HYANNIS, MA 02601 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters.If a certified list of abutters is required,contact the Assessing Division to have this list certified.The owner and address data on this list is from the Town of Barnstable Assessor's database as of 2/1 412 0 0 8. bttn-//www.tnv n_harpstahle.ma._nshmims/anngeoann/AbutterRenort.asnx?tvne=ZBA 2/14/2008 f LEGAL NOTICES 70�IIN OF BARN$TABLE ZONING BOARD OF APPEAL$ 'NOTICE OF PUBLIC HEARING UNDER THE ZONING'ORDINAKgE MARCH 12;2008 To all persons Interested m or affected by tha-. n ng Board of Appeals under:Section 11,of Chapte,40A of the General Laws of the ComfnornJealth of Massachusetts,and all.amendments thereto you are hereby notified that -7 00 PM ;Appea120f111-019 Souta Gllber Sbuto has applied for a variance, Section 24("71 A, FalnityApartmerds'fheapphcantaeeksthevanaricetothe.provision, tlf'a family apaitmentto allow the apartmentto exceed the 600 sq.ft ma�dmum permdted- de f zoning.Tf ie properly Is addressed as 196. CLalgvfile Beach Road,Fiyann�s;MA as shown.on Assessor s Map 267 as parcel 143 Lt is in a Residence B Zoning Distrrd 71S PM `Appea12008 020 Richardson MxhaelRchardsonof99M3urrtainAshRoad,:NlarstonsMills MA, has rippealed the January 18 2008„deterinmation of the'Building Commresloner that the Bu;.dIn Diviswn has no lunsdict on with, regards to wood end canoe racks Located on:abuthng pFbperty.;, The appellant had requested enforcement action m compel those stivdures'to be relocated tb cenf0. to the required 15 toot side:' yalyd setbacks The aliufhng lot'is.owned by Thomas J and.Karen Prichard addressed as'111 Mountain Ash Road Mafstons Mills. The parcel ro shown on 'a or's s Map 124 a parcel 030 and.is in eslden&e F Zo a f3 ning Distnd. ., These?1p Hearings well be held at the Bamsta6le Town Hall, 36TMainSfreet,Hyannis MA,Hearinil 6om 2n°Fl .r Wednesday, March 122008 Plans and applica5.pns maybe revrewed at the Zonurg Board of Appeals Office Growth Management Department, Town Offices 200 Main„Street.Hyannis MA all C.Nightmgale Ghairtnan Zoning Board of Appeals The Barristable Patriot: _ February 22 and February 29,2000 Bk 22985 Ps237 `32792 06--17--2008 01 _ 1 11 PP �'THE Town of Barnstable Regulatory Services aAMSTARM « Thomas F.Geiler,Director MASS. 039. �•� Building Division .ejFD MAr A Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 AGREEMENT FOR FAMILY APARTMENT I(We), the undersigned, being the owner(s) of property situated at 196 CRAIGVILLE BEACH ROAD, HYANNIS, MA, holding title under a deed recorded with the Barnstable County Registry of Deeds or Barnstable County District Registry of the Land Court in Book t� Fr 3 Page O(o or as Document No. being shown on Assessors' Map 267 as Parcel 143, hereby agree, certify, warrant and represent to the Town of Barnstable that the accessory attached apartment,which contains living quarters, is intended for use as a family apartment, for year-round.occupancy. The intended and . authorized use is for RAFAEL RIBEIRO, COUSIN OF OWNER, RAUL SOUTO/GILBER SOUTO, associated with the residential use on the same premises. This unit shall.be used for a "Family Apartment"(as defined in Zoning Ordinances) which would require compliance with the Family Apartment Rules and Regulations. This unit shall not be rented as an apartment or as a single room, or in any fashion,'which rental would be a violation of the Town of Barnstable's rules, regulations, and zoning ordinances. Prior to occupancy of this unit, affidavits reciting the names of occupants are to be`recorded with the building department. This agreement shall be updated whenever a change occurs or every calendar year. This Agreement shall be duly recorded or filed at the Barnstable County Registry of Deeds/Land Court for the purpose of alerting future owners of the property of this binding Agreement concerning the use of the property as herein stated. The consideration for this Agreement is the issuance of a building permit and/or certificate of occupancy by the Town of Barnstable Building Department. WITNESS our hands and seals this �r day of 200&. TOWN OF BARNSTABLE WNE By: 4 in ommissioner THE COMMONWEALTH OF MAS CHUSETT BARNSTABLE COUNTY, SS Date_�,i1�zoJ-t Then personally appeared the above-named (owner), ( �� ,� � and made oath as to the truth of the foregoing instrume WNolic fTrv � My Commission Expires: SABRINA LOCICERO Notary Public COMMONWEALTH OF MASSACHUSETTS CraigvilleBeachRd196 My Commission Expire:JUIy 07.2011 COMPLETEIR 1 SENDER: • ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. ❑Agent X ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you.■ Attach this card to the back of the mailpiece, E�gp Ned 'by(Printed Name) C. Date of Delivery or on the front if space permits. � �" 1. Article Addressed to: D. Is delivery address difftpt from item 1? ❑Yes 0 1 If YES,rented 43-eiss below: ❑No CL 24- A 3. Service Type �� rtiRed Mail E Mail ❑Registered `'mum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(gym Fee) ❑Yes 2. Article Number - ;•: s-(Transfer from service label) '1 t7 GO 8� 32 J 31 I O 0 D 2 i H?71 i 7 61`5 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • TOWN OF BARNSTABLB BUILDING DIVISION 200 MAIN ST. HYANNIS.MA 02601 I I I S 7 i �fd i�l1t111�11111111iktill1111 1.litltlll�l!till 1111111111 M11111 I BAMUABIZ MAM p tbsa `eb Eb MA�� Town of Barnstable '08 M.'IP 21 PI u Zoning Board of Appeals Decision and Notice Special Permit No. 2008-019-Souto Section 240-47.1.A(1) Family Apartments To maintain the lower level of a split level single-family dwelling as a family apartment of 826 sq.ft. Summary: Granted with Conditions Applicant: Gilber Souto Property Address: 196 Craigville Beach Road, Hyannis, MA Assessor's Map/Parcel: Map 267 as parcel 143 Zoning: Residence B Zoning District Relief Requested and Background: The subject property is a 0.23-acre lot developed with a one-story, split-level 1,288 sq.ft. single-family dwelling. The property was last transferred in July of 2002 and is titled to Raul G.L. Souto and Gilber J. Souto. According to the application submitted, the apartment unit existed in the lower level of the split level home when the applicant purchased the property. The applicant cited the apartment unit as being 688 sq.ft. However, at the hearing the Board received information from the Building Division that it was 829 sq.ft. An engineered plan for the five-bedroom septic system was submitted along with a non-scaled drawing of the first floor layout of the dwelling and the lower level apartment unit. The drawings show 3 bedrooms on the first floor and 2 bedrooms on the lower level. o The applicant originally sought a variance from Section 47.1, Family Apartments. However, upon review of the Board it was determined that this relief could be granted as a Special Permit pursuant to Section 240-47.1.A(1) Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 23, 2008. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to al abutters.in accordance with MG Chapter 40A. The hearing was opened March 12/ 2008, at which time the Board found to.grant the Special Permit subject to conditions, Board Members deciding this appeal were James R. Hatfield, Sheila Geiler, John T. Norman, Kelly Kevin Lydon, and Chairman, Gail C. Nightingale. Mr. Gilber Souto represented himself at the public hearing. He noted that he and his father purchased the property about five years ago and that the apartment unit existing in the lower level of the dwelling at that time. He cited that his whole family lives in the home and the Building Division cited them for the number of vehicles parked in the yard.-When that division visited the home they noted the apartment units and stated that they had no records of the unit being installed and that relief form the Board would be required due to the size of the apartment. I `r Town of Barnstable—Zoning Board of Appeals—Decision and Notice Special Permit No.2008-019—Souto-Family Apartment .;i Mr. Souto noted that his cousin occupies the basement level apartment. The Board cited that occupancy is also limited to two persons in the apartment units. Mr. Souto stated that he would comply with that requirement. It was also confirmed that the main dwelling unit above had three bedrooms and was being occupied by four persons. It was also noted that the Building Inspector had been to the property and measured the family apartment unit at 829 sq.ft. and the main dwelling unit at 1,148 sq.ft. The Board stated that this area exceeds the 800 sq.ft. maximum area for a family apartment. However, it is under the 1,200 sq.ft. limit and the Board could permit it by special permit. The Board and applicant discussed the number of vehicles and.it was noted that 6 vehicles are parked on the property. Mr. Souto stated that there is sufficient area on the lot to park that many vehicles. Building Commissioner Tom Perry addressed the area of the apartment stating that there is also a utility room in the basement and that the applicant would be required to secure a building permit for the unit and an occupancy permit also. The permits would trigger any improvements needed and assure all building codes were met. Public comment was requested and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of March 12, 2008, the Board unanimously made the following findings of fact: 1. Appeal 2008-019 is that application of Gilber Souto for property addressed as 196 Craigville Beach Road, Hyannis, MA. It is shown on Assessor's Map 267 as parcel 143. It is in a Residence B Zoning District. The applicant is seeking a variance to the provision of a family apartment to allow the apartment to exceed the 800 sq.ft. maximum. However that.relief can be granted as a special permit pursuant to Section 240-47.1.A(1). 2. The property is a 0.23-acre lot developed with a one-story, split-level, 1,288 sq.ft. single-family dwelling. The applicant acquired the property in July of 2002 and according to his testimony the apartment unit existed in the lower level of the home at that time. The Building Division has confirmed that the apartment unit is 829 sq.ft., and consists of 2 bedrooms. 3. In May of 2007, the Health Division issued a violation to the property requiring it to be upgraded to Title V. In August of 2007, the Building Division inspected the property as a result of a complaint that there was overcrowding. In December of 2008, a new on-site septic system was installed. That system's design capacity is that of a 5 bedroom dwelling. The property is in a Wellhead Protection Overlay District and"the septic system was installed as an upgrade of the existing. This allowed for the grandfathering of the number of bedrooms. The new system also was granted dimensional variances from the Board of Health regulations. 4. Today, the applicant is seeking to ensure that the apartment unit is legal under zoning. With proper conditions, this permit may be granted without substantial detriment to the public good and neighborhood. Decision: Based on the findings of fact, a'motion was duly made and seconded to grant a family apartment special permit to allow a family apartment of 829 sq.ft. subject to all of the following conditions: 1. The family apartment shall comply with, and be maintained, in full compliance with all other requirements of Section 240, 47.1 for a family apartment as-of-right as well as all conditions in this decision. 2 i Town of Barnstable—Zoning Board of Appeals—Decision and Notice Special Permit No. 2008-019—Souto-Family Apartment �h 2. The family apartment shall be maintained as a two-bedroom unit in the lower level of the split level home not to exceed 829 sq.ft. Occupancy of the unit is limited to no more that two persons. 3. The main dwelling unit shall be limited to that of a three-bedroom dwelling to be occupied by the property owner. This unit shall be limited to an occupancy not to exceed four persons. 4. The total number of persons residing on the.property shall not exceed 6. 5. The maximum number of vehicles parked on the property over night (midnight to 6:00 AM) is limited to 6 vehicles. . 6. The applicant shall apply for a building permit for the construction of the unit. Any and all requirements of the Building Division shall be fully complied with to assure that the unit and building meet all applicable codes for human habitation, including building, fire, and health. 7. Occupancy of the dwelling and the family apartment unit is restricted to family members only and there shall be no renting of the unit to non-family members and no renting of rooms allowed. 8. This permit is issued to the applicant and is nontransferable. 9. The violation of any of the conditions imposed shall be reason for the Building Commissioner to request a show cause hearing with this Board to revoke this permit. The vote was as follows: AYE: James R. Hatfield, Sheila Geiler,John T. Norman, Kelly Kevin Lydon, Gail C. Nightingale NAY: None Ordered: Special Permit No. 2008-019 has been granted with conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision, a copy of which must be filed in the office of the Barnstable Town Clerk. Ga' C. Nightingale Chair n Date Signed I, Linda Hutchenri r; Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has.been filed in the office of the Town Clerk. Signed and sealed this , day of r Zzz '32OaAnder the pains and penalties of perjury. Linda ITutchenrider, Town Clerk 3- 1,-- rkt .a a4� � ::z Town of Barnstable t. Growth Management Department g4 � � .. _- 'Patty Daley-Director Staff Report O Appeal 2008-019-Souto Variance-Section 240-47.1 family Apartments To maintain the lower level of a split level single-family dwelling as a family apartment Date: March 7, 2008 To: Zoning Board of Appeals Art Traczyk- Principal Planner Petitioner: Gilber Souto Property Address: 196 Craigvi►le Beach Road, Hyannis, MA Assessor's Map/Parcel: Map 267 as parcel 143 Zoning: Residence B Zoning District Filed:January 23,2008—No Extension Hearing:March 12,2008 Decision Due: Copy of Public Notices: Gilber Souto has applied for a variance to Section 240-47.1.A, Family Apartments. The applicant seeks the variance to the provision of a family apartment to allow the apartment to exceed the 800 sq.ft. maximum permitted under zoning. The property is addressed as 196 Craigville Beach Road, Hyannis, MA, as shown on Assessor's Map 267 as parcel 143. It is in a Residence B Zoning District. Background & Review: According to the Assessor's record, the subject property is a 0.23-acre lot developed with a.one story, ."-1,288 sq.ft:'Iiving area, six-bedroom, single-family dwelling. The property was last transferred in July of 2002 and is titled to Raul G.L. Souto and Gilber J. Souto. According to the application submitted the petitioner states that the apartment unit existed in the lower level of the home when they purchased the property. The applicant cites the apartment unit as being only 688 sq.ft. An engineered plan for the septic system was submitted along with non-scaled drawing of the first floor layout of the dwelling and the lower level apartment unit. The drawings show 3 bedrooms on the first floor and 2 bedrooms on the lower level. The petition seeks a variance form Section 47.1, Family Apartments. Review: Application for a Variance-Page 2 ry.n Level of Development of the Property-Number of Buildings: Existi g present Use(s): Gross Floor Area: J a = sq ft. proposed Gross Floor Area to be Added: sq. ft., Altered: sq.ft. Description of Construction Activity(if applicable): / Attach additional sheet and plans if necessary Site Plan Review (required to be completed prior to applying to the Zoning Board of Appeals). Site Plan Review Number Date Approved [ ]-Not Required-, zn 1 or Two Family use Is the property located in a designated Historic District?.................................................... Yes [ ] No If yes [ ]-Old King's Highway Regional Historic District Date Approved(if applicable) [ ]-Hyannis Main Street Waterfront Historic District Date Approved(if applicable) ................................ Yes No� TS the building a designated Historic Landmark?................................. [ ] Have you applied for a building permit?............................................................................... Yes [ No Have you been refused a building permit? .......................................................................... Yes [ ] NON The following information must be submitted with the application at the time of filing. Failure to do so may result in a denial of your request. Three(3)copies of the completed application form,each with original signatures. • Three(3)copies of a certified property survey(plot plan)and one(1)reduced copy(8 1/2"x 11" or 11"x 17") showing the dimensions of the land,all wetlands,water bodies,surrounding roadways and the location of the . existing improvements on the land. I I i • Three(3)copies of a proposed site improvement plan and one(1)reduced copy(8 1/2"x 11" or 11"x 17"), drawn by a certified professional and found approvable by the Site Plan Review Committee(if applicable). This .plan must show the exact location of all proposed improvements and alterations on the land and to strictures � . See Contents of Site Plan",Section 4-7.5 of the Zoning Ordinance,for detailed requirements. • The applicant may submit any additi nal supporting doc en to assist the Board in making its determination. } Signature: t Date: of 11 ® !` plic o Representative' Signature Print Name "PP Su Representative's z Phone: Address: . Fax No. 2 Note: All correspondence on this application will be processed through the Representative named at that address and phone number provided. Except for Attorneys,if the Representative differs from the Applicant/Owner,a letter authorizing the Representative to act on behalf of the Applicant/Owner shall be required. �( own orsa�nstable G:u c F :z :agemr'it 7ep,r^:r: "�I 200 y Stari Report- PP`- 17 This appeal Was referred to the Zoning Board form the enforcement agent of the Building Division. Staff had communicated to the agent that given the information submitted this apartment unit perhaps could be permitted as-of-right. That agent stated that the unit occupies all of the lower level and the area of the unit is equal to that of the first floor of the dwelling or approximtly1,288 sq.ft. Staff had suggested that they communicate that directly to the Board, however nothing was submitted to the file form the enforcement agent. The Board may wish to request input form the Building Division on the issues they have detected. Information contained in the Building and Health Division files document that: • In May of 2007, the Health Division issued a violation to the property requiring it to be upgraded to Title V. • In August of 2007, the Building Division inspected the property as a result of a complaint that there was overcrowding. Apparently it was during this inspection that the family apartment in the lower level was observed. • In December of 2008, a new on-site septic system was installed. That system's design capacity is that of a 5 bedroom dwelling. The property is in a Wellhead Protection Overlay Districts and the septic system was installed as an upgrade of the existing. That allowed for the grandfathering of the number of bedrooms. The new system also was granted dimensional variances for the Board of Health regulations. In January of 2008 this variance request was submitted to the Zoning Board. The Board may wish to secure additional information form the petitioner to determine the extent of relief being requested including the apartment area, occupancy of the apartment and relationship of the family members. The Board may also wish to make inquires as to who and how many are occupying the dwelling units itself. A copy of Section 240-47.1 the family apartment provisions are attached to assist the Board and as a guild to determine compliance with the requirements for a family apartment. Variance Findings: The statutory requirement of MGL Chapter 40A, Section 10 for granting a variance is a three-prong test. The applicant must substantiate those conditions that justify the granting of the relief being sought. The Zoning Board is required to find that each of the three statutory requirements has been met to consider the grant of variance. The statutory requirements are: • owing to circumstances related to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located; • a literal enforcement of the provisions of the zoning ordinance would involve substantial hardship,-financial or otherwise to the petitioner, and 2 Y; d L\U1�� Oj o r�A - gz9 � I j f � � y I, so ` o N\ d LL � ,y r _ To}hen of l3urnslc�.hJe PC/CodeBook for Windows CODE OF THE TOWN OF BARNSTABLE, MASSACHUSETTS, v11 Updated 02-15-20071 PART I: GENERAL ORDINANCES / Chapter 240, ZONING /ARTICLE V, Accessory Uses / § 240-47.1. Family apartments. [Added 11-18-2004 by Order No. 2005-026] § 240-47.1. Family apartments. [Added 11-18-2004 by Order No. 2005-0261 The intent of this section is to allow within all residential zoning districts one temporary family apartment unit occupied only by a member(s) of the property owner's family as accessory to an owner-occupied single-family residence. A family apartment may be permitted,provided there is compliance with all conditions and procedural requirements herein. A. Conditions. A family apartment shall comply with and be maintained in full compliance with all of the following conditions: (1) The apartment unit shall not exceed,800.square feet or 50% of the square footage of the existing single-family dwelling,whichever is'less: The Zoning Board of Appeals may allow up to 1,200 square feet by a special permit finding. In any case,the apartment shall be limited to no more than two bedrooms; (2) Occupancy of the apartment shall not exceed two family members; (3) The apartment shall be located within a single-family dwelling or connected to the single-family dwelling in such a manner as to allow for internal access between the units. The apartment must comply with all current setback requirements for the zoning district in which it is located. (4) At no time shall the single-family dwelling or the family apartment be sublet or subleased by either the owner or family member(s). The single-family dwelling and family apartment shall only be occupied by those persons listed on the recorded affidavit. (5) When the family apartment is vacated, or upon noncompliance with any condition or representation made including but not limited to occupancy or ownership,the-use as an apartment shall be terminated. A building permit must be applied for to remove all cabinets, countertops,kitchen sinks and appliances from the family apartment, and the water and gas service utilities must be capped and placed behind a finished wall surface. B. Procedural requirements. Prior to the creation of a family apartment,the owner of the property shall make application for a building permit with the Building Commissioner providing any and all information deemed necessary to assure compliance with this section - 1 Zd.. Hyannis 196 Craigville Beach Rd., Hyannis 3/11108 F r ; W., Hyannis 196 Crai ville Beach Rd., Hyannis 3l11l08 T I 40 Y ; —1� 196 Creigville Beach Rd., Hyannis 3/11108 196 Craigville Beach Rd., Hyannis 3/11/08 196 Craigville Beach Rd., Hyannis 3/11/08 y� 196 Craigville Beach Rd.,Hyannis 3/11/08 196 Craigville Beach Rd., Hyannis 3'11,08 l 196 Craigville Beach Rd., Hyannis 3/11/08 196 Craigville Beach Rd. Hyannis 3'11f08 iol II 196 Craigville Beach Rd.,Hyannis 3/11/08 196 Craigville Bch. Rd. Hy 3/11/08 i I ®o■ li 196 Craigville Beach Rd., Hyannis 3/11/08 196 Craigville Beach Rd., Hyannis 3/11/08 ryl - - . it - " p loft f 000000 ` . } 196 Craigville Bch. Rd. W 196 Craigville Bch. Rd. Hy 3/11/08 AbL 196 Craigville Bch. Rd. Hy 3/11/08 196 Craigville Bch. Rd. Hy 3/11/08 196 Craigville Bch. Rd., Hyannis 3/11/08 196 Craigville Bch.Rd.,Hyannis 3/11/08 --Now i s li 3/11/08 1 196 Craigville Bch.Rd.,Hyannis 3/11/08 196 Crai ville Bch.Rd. Hyannis 3/11 '� I YOU WISH TO"OPEN A BUSINESS? For Your Information: Business certificates(cost$30.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME'in town(which you must do by M.G.L.-it does not give you permission to operate.) Business Certificates are available at the Town Clerk's Office, 1"FL,367 Main Street,Hyannis,MA 02601 (Town Hall) DATE:J-%/1 O6 Fill in please: ° Jc©J-j-� APPLICANT'S YOUR NAME: BUSINESS YOUR HOME A MRESS:�°IS TELEPHONE # Home Telephone Number � +T.. S 6QU f P l TWPE OF BUSINESS NAME.OF NEW BUSINESS C f� �. . ISTHIS.�:�OMEOCCUPATION? _YES:�1Vp� #lave vdu peon Mven.gpproval fr.,. the building d�grs��irt�. YES NO . Afi3pRE5S f]F BWSIIVI=SS_,; I�yiLt RCN P--oA;T NuMBER -2'y3 When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd.&Main Street) to make sure you have the appropriate permits and licenses required to legally operate.your business in this_town. 1. BUILDING COM NER'S OFFICE This individu I h n.ipf a any permit requirements that pertain to this type of business. Au horned ature* COMM NT 2. BOARD OF HEALTH. This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature** COMMENTS: 3. CONSUMER-AFFAIRS (LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature* COMMENTS: Town of Barnstable ��SME'Ipk Regulatory Services Thomas F.Geiler,Director Building Division '71 .HAS& `�$ Tom Perry,Building Commissioner AlED:Y9. 200 Main.Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 Approved: Fee: �s °e P'ermit#: Zo 00 / 30r7 HOME OCCUPATION REGISTRATION Date —U/f e/06 Name•_(s/LBEF— SOU 5 SOUrO Phone# Jae 30 $0 Address:-i9 6 Cpw:5 Vy&LE aj vnllage: 4J AWN I S Name of Business: 6he& FiTN6-55 EQiu' i P i�EPA-I F— Type of Business:-B�C1GLE e,6414 Map/Lot: 16 Y-,-'13 INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling. there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes; and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit. • Such use occupies no-mote-than 400-square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke,dust or other particular matter, odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by,such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. • There is no commercial vehicles related to the Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned,have read and agree with the above restrictions for my home occupation I am registering./ Applicant. ��rf Date:. O Homeoc.doc Rev.5/30/03 Message Page 1 of 1 Barry, Lois y From: Puckett, Carol Sent: Thursday, March 20, 2008 2:34 PM To: Barry, Lois Z� Subject: Family Apartment-Souto Attached is the decision on Gilber Souto for property located at 196 Craigville Beach Road, Hyannis, MA. The 20 day appeal period will begin tomorrow. . Any questions, please call me. Thanks, Carol 1. Puckett-Administrative Assistant Zoning Board of Appeals 508-862-4785 �©&7 0/ z� /erg/off 3/24/2008 lie 059. eo na+' Town of Barnstable Zoning Board of Appeals Decision and Notice Special Permit No. 2008-019 - Souto Section 240-47.1.A(1) Family Apartments To maintain the lower level of a split level single-family dwelling as a family apartment of 826 sq.ft. Summary: Granted with Conditions Applicant: Gilber Souto Property Address: 196 Craigville Beach Road, Hyannis, MA Assessor's Map/Parcel: Map 267 as parcel 143 Zoning: Residence B Zoning District Relief Requested and Background: The subject property is a 0.23-acre lot developed with a one-story, split-level 1,288 sq.ft. single-family dwelling. The property was last transferred in July of 2002 and is titled to Raul G.L. Souto and Gilber J. Souto. According to the application submitted, the apartment unit existed in the lower level of the split level home when the applicant purchased the property. The applicant cited the apartment unit as being 688 sq.ft. However, at the hearing the Board received information from the Building Division that it was 829 sq.ft. An engineered plan for the five-bedroom septic system was submitted along with a non-scaled drawing of the first floor layout of the dwelling and the lower level apartment unit. The drawings show 3 bedrooms on the first floor and 2 bedrooms on the lower level. The applicant originally sought a variance from Section 47.1, Family Apartments. However, upon review of the Board it was determined that this relief could be granted as a Special Permit pursuant to Section 240-47.1.A(1) Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 23, 2008. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 12, 2008, at which time the Board found to grant the Special Permit subject to conditions. Board Members deciding this appeal were James R. Hatfield, Sheila Geiler, John T. Norman, Kelly Kevin Lydon, and Chairman, Gail C. Nightingale. Mr. Gilber Souto represented himself at the public hearing. He noted that he and his father purchased the property about five years ago and that the apartment unit existing in the lower level of the dwelling at that time. He cited that his whole family lives in the home and the Building Division cited them for the number of vehicles parked in the yard. When that division visited the home they noted the apartment units and stated that they had no records of the unit being installed and that,relief form the Board would be required due to the size of the apartment. i Town of Barnstable—Zoning Board of Appeals—Decision and Notice Special Permit No. 2008-019—Souto-Family Apartment &QED Mr. Souto noted that his cousin occupies the basement level apartment. The Board cited that occupancy is also limited to two persons in the apartment units. Mr. Souto stated that he would comply with that requirement. It was also confirmed that the main dwelling unit above had three bedrooms and was being occupied by four persons. It was also noted that the Building Inspector had been to the property and measured the family apartment unit at 829 sq.ft. and the main dwelling unit at 1,148 sq.ft. The Board stated that this area exceeds the 800 sq.ft. maximum area for a family apartment. However, it is under the 1,200 sq.ft. limit and the Board could permit it by special permit. The Board and applicant discussed the number of vehicles and it was noted that 6 vehicles are parked on the property. Mr. Souto stated that there is sufficient area on the lot to park that many vehicles. Building Commissioner Tom Perry addressed the area of the apartment stating that there is also a utility room in the basement and that the applicant would be required to secure a building permit for the unit and an occupancy permit also. The permits would trigger any improvements needed and assure all building codes were met. Public comment was requested and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of March 12, 2008, the Board unanimously made the following findings of fact: 1. Appeal 2008-019 is that application of Gilber Souto for property addressed as 196 Craigville Beach Road, Hyannis, MA. It is shown on Assessor's Map 267 as parcel 143. It is in a Residence B Zoning District. The applicant is seeking a variance to the provision of a family apartment to allow the apartment to exceed the 800 sq.ft. maximum. However that relief can be granted as a special permit pursuant to Section 240-47.1.A(1). 2. The property is a 0.23-acre lot developed with a one-story, split-level, 1,288 sq.ft. single-family dwelling. The applicant acquired the property in July of 2002 and according to his testimony the apartment unit existed in the lower level of the home at that time. The Building Division has confirmed that the apartment unit is 829 sq.ft., and consists of 2 bedrooms. 3. In May of 2007, the Health Division issued a violation to the property requiring it to be upgraded to Title V. In August of 2007, the Building Division inspected the property as a result of a complaint that there was overcrowding. In December of 2008, a new on-site septic system was installed. That system's design capacity is that of a 5 bedroom dwelling. The property is in a Wellhead Protection Overlay District and the septic system was installed as an upgrade of the existing. This allowed for the grandfathering of the number of bedrooms. The new system also was granted dimensional variances from the Board of Health regulations. 4. Today, the applicant is seeking to ensure that the apartment unit is legal under zoning. With proper conditions, this permit maybe granted without substantial detriment to the public good and neighborhood. Decision: Based on the findings of fact, a motion was duly made and seconded to grant a family apartment special permit to allow a family apartment of 829 sq.ft. subject to all of the following conditions: 1. The family apartment shall comply with, and be maintained, in full compliance with all other requirements of Section 240-47.1 for a family apartment as-of-right as well as all conditions in this decision. -2 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Special Permit No.2008-019—Souto-Family Apartment ®rim 2. The family apartment shall be maintained as a two-bedroom unit in the lower level of the split level home not to exceed 829 sq.ft. Occupancy of the unit is limited to no more that two persons. 3. The main dwelling unit shall be limited to that of a three-bedroom dwelling to be occupied by the property owner. This unit shall be limited to an occupancy not to exceed four persons. 4. The total number of persons residing on the property shall not exceed 6. 5. The maximum number of vehicles parked on the property over night (midnight to 6:00 AM) is limited to 6 vehicles. 6. The applicant shall apply for a building permit for the construction of the unit. Any and all requirements of the Building Division shall be fully complied with to assure that the unit and building meet all applicable codes for human habitation, including building, fire, and health. 7. Occupancy of the dwelling and the family apartment unit is restricted to family members only and there shall be no renting of the unit to non-family members and no renting of rooms allowed. 8. This permit is issued to the applicant and is nontransferable. 9. The violation of any of the conditions imposed shall be reason for the Building Commissioner to request a show cause hearing with this Board to revoke this permit. The vote was as follows: AYE: James R. Hatfield, Sheila Geiler, John T. Norman, Kelly Kevin Lydon, Gail C. Nightingale NAY: None Ordered: Special Permit No. 2008-019 has been granted with conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision, a copy of which must be filed in the office of the Barnstable Town Clerk. Gail C. Nightingale, Chairman Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk . 3 i 14 \ TOWN OF.BARNSTABLE BUILDING PERMIT APPLICATION qd Map Parcel / "l 3> Application 0o O Health Division Date Issued. Consery ion Division Application.Fee Tax Collect Permit Fee Treasurer 40c s C- N®4-- Planning Dept. � 4 Date Definitive Plan, roved roved by Planning Board Historic-OKH Preservation/Hyannis ova q� A- Project Street Address 1?,41 G V I LL-9— 86AC 0.4 Village kI -AN J 16 Owner EA - Address Telephone Permit Request 1 Vk �_b 1s` — , 0" N 7, - - I _q�s 1?, k,01,0 A V Alfin um uJ Square feet: 1 st floor:existing proposed 2nd floor:exis ing proposed Total new Zoning District /� Flood Plain Groundwater Overlay U Project Valu � Construction Type Lot Size Grandfathered: Yes ❑No If yes, attach supporting documentation. N Dwelling Type: Single Family ❑ Two Family ❑ Multi-Fam (#units) c� 4 a Age of Existing Structure Historic House: ❑Yes ❑No On Old King'shway: Yes ❑No Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement nfinished Area(sq.ft) Number of Baths: Full:existing new If:existing --new 9P _ Crr ,w, Number of Bedrooms: existing new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing ood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn ❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION Name ✓li'V L 611-66,P—TO L-OP6_5 50ol-C Telephone Number (50V 49�9 2,9 k0 Address 66M14 AOA� License# k54 NN 15 , m A- o l6 0.1, Home Improvement Contractor#- Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIG NATU P"�& - DATE . { § ! FOR OFFICIAL USE ONLY . . f 4 APPLICATION# \ DATE ISSUED ® 1 i MAP/PARCEL NO. . . ADDRESS VILLAGE ƒ OWNER \ y . DATE OF INSPECTION: � . . 7 FOUNDATION $ FRAME . f INSULATION �ƒ FIREPLACE ` ELECTRICAL: ROUGH FINAL � . fPLUMBING: ROUGH FINAL GAS: ROUGH FINAL \ FINAL BUILDING . . \ DATE CLOSED OUT ASSOCIATION PLAN NO. \ ( . � . J�j�7T.Jw. �-1,.. r....... - : a, . . 'N'�a`I-..r�a,a..ti.-L:. '} ,-.i-• y,yR Yn�+.c...' .1'N'.�- �'a;z. ., - � "_ / TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION o� �( G�(J�OIO Map Parcel � Application# Health Division Date Issued ..,t+ Conservation Division Application`Fee • t Tax Collector Permit Fee Treasurer Planning Dept. �n Date Definitive Plan App\oved by Planning Board � �� L/f/1"y�r .iF! "All/ Y Jl J� /v'C-•1�j Historic-OKH Preservation/Hyannis `- Project Street Address-19 6 ei 1 Gu 14-bF— B-CAC✓'-} P CA Villagey fi N N Owner kAv 6-1Z 86- -To 4 01965 50v70 Address Telephone t5101?) T Permit Request �� vly r�G /I t9n'li1 1/lti i! i� � �f (� 1 AI,, cl .A,() t t - � CL (ten A .fir -�,c, -� i A r r�"�� f r ill�l sir f a �7 I?r i: /49 Square feet:_1 st floor:existing proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuatip 66 Construction Type Lot Size --Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. t Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) - Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other ^Cj \ Basement Finished Area(sq.ft.) - Basement,Unfinished Area(sq.ft) 1 Number of Baths: Full:existing new Half:existing --.new Number of Bedrooms: existing new Total Room Count(not including baths):existing new \First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size a Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial;❑Yes ❑No If yes, site plan review# Current Uses ylh t ,in ,c r'1, _ ,,A Proposed Use U / BUILDER INFORMATION Name EkU L 6I1-86P-1-C LOPES 50,irO Telephone Number �� 9 140 Address 1,96 CRZA16 w-LE ec-Ac I4 POAC License# H�A N N t-5 h Oi- Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATUREA�i' �1' L`-� -I-� �blv DATE FOR OFFICIAL USE ONLY L APPLICATION# DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street �< Boston,MA 02111' www.mass.gov/dia ' Workers'Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers _Applicant Information .Please Print Legibly ]Name-(Bu6ess/Organizationandividual):.I A4JL G1&616P- ' LQ P6-!5 [Ad&ess _C � City/State/Zi Phone.#: 3 Are you an employer?Check the appropriate box: . Type of project(required):, 1.❑ I am a employer with 4. [] I am a general contractor and I 6. ❑New construction . employees(full and/or part-time).* • have hired the sub-contractors Remo deli listed on the attached sheet: 7. ❑ ng 2.❑ I am a'sole proprietor or partner- These sub-contractors have Demolition ship and have no employees 8. ❑ employee$and have workers' working for me in any capacity. 9. ❑Building addition comp.insurance.$' [No workers comp.insurance 10.❑Electrical repairs or additions requited.] �,,� ~ '�,Zwork 5. [] We aze a corporation and its3haraahomeowner doing . officers have exercised their 11.[]Plumbing repairs or additions ' �- p—--�— right of exemption per MGL myself [No workers;comp. 12.❑Roof repairs rc. 152, §1(4),and we have no -M—�tnsuiance.required.]t . 13.[] Other employees. [No workers 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 must submit anew affidavit indicating such. tContractors 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. compensation insurance for my employees. Below is.the policy and job site I am an employer that is providing workers' ' information. w Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: lob 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 maybe forwarded to the Office of Investigations of the MIA for insuran a coverage verification. I do hereby certify der the par and penalties perj ry that the information provided above is true and correct Date S i i 5a'atur e•,— — Phone#: Official use only. Do not write in this area, tb be completed by.city or town official. City or Town:. Permit/License# Issuing Authority(circle one): A.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Phone Contact Person: #: �ppTHETp� Town of Barnstable Regulatory Services BARNSTABL6, f Thomas F. Geiler,Director MAss. 16S9. �� Building Division lFvµp�a Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 -------------- ------------------- HOMEOWNER LICENSE EXEMPTION Please Print DATE: ppnuum��ber q street village p� "HOMEOWNER" f �.�G/L�ERT� L-O 1F6s _5_0✓� O''0✓ -1 i-y Z 8 name home phone# work phone# CURRENT-MAILING-ADDRESS: 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 "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 req 'rements and that he/she will comply with said procedures and requirem V5-114i rC Sign ure o J6meowner �.`3 ' 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 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. r 6 'K (Appeal or Permit No 200708010 i$ , s 1p_al Budding Permit I Status New ON 5 F vE s' 1- t as - First t Applicant ,Souto Raul Gilberto Lopes Addr P _ Addr2 ;196 Craigville Beach Road _ ra 4 f, Village Hyannis MA 02601Yk �� ¢ a Aff Received: j' 267143 st t .Zoning' ck Deciswn key �` �x s ,. ; -ri+ ' t., - F�'h.:.�y}z _ qp{r_rj t°7 #.t yam+;-.d°3 '!mc 'r Ltd 41 N.. a Notes Permit app submitted 12/14/07. Needs detailed floor plans& ' sq.ft. Will be in 12/20. ' �ems" asp Close {s 4" Mi t r F e ❑ �1� Edit Tools a�HOp to s i e #' Ye- e/Bi11 t �� Action �` s o a r �1d {9IPMfSC{yLltf7�(�(TSIC1©I9 ........ '� °.-mow-«x .. [ r p '„ "4`N'w* - r , HIst6 - j w'. St IJTO R I G L'8 4311 RRR, Pro pe tl information: �� , , 1 CM— GVILLIE BEACH,HD , ' " HANfiiS;, � 11� F� ©iig,Bill ` Parc-e'lI 226-143 s $' 1 r� aE~kr ' Aft Parc Effective Date _ 'Prop I Loc 196 CO 1G 1L E BEr`tCH f6dAD r .�be �C � � a � " v,��"`"� '� ' "�,^� ��• ;•. s �. �pecial Co13C�ti lon`3V��eS ` Quick Scan ktwv4— '� 1 7 `� irk Ilk Billeii , t�A °3 fr`Crd 'S�ecifi,Bill . ra�t/I(�!fl�yy a�C=$LL�fly a ��C ,Lrfn1_s lrrteres� t��Ly�(U, l#r aid dal Q V2JF7 � " * .455:JN r 4 ` `� $ 6G t dx° t {451 4 g y ��'..�_gT�. � r:w+a3� s.+i -�N£�.+Ev.;�d*�e..� *4.•_.vT'K�%.••^•�[�re.i-�••m+•ea.7 w�'�i +.�a�'sr�a^'+Ar..rind�'+ ^i1� "r.±FFlct! .ref ��' - �_ I ,Cll• ��1kav, ' Gust'orraer �* Parcel , 45/�217 �0 ' ' ? gJ E ` kt�t " 'ce - s _ fees/Pen :O k 11Qi � , E -O � �d30! z game Totals ,* Bth` �` 52 ..,e,.+.t.'a.:tw.,�Yb..°„"� ._ 86inging�DateS ' t s -p. d� •a ,s, r r 5, g �, e x �,�'{ „z. ,. Jlv: x � , t JAN 1 (�nmer SCUT©�R��JLGL8G1 n DBGB1lLHDRi # � K *` 1r�tPaid s u ° 1Ae}ddPn'fiUr, �sd6111� n�i�d rfxt* bt &' �e a w. r s t° w ar a air P&� ma tr r — _ n o r s ` �.�e 4r' 'db Vi �.r'," L . E � s. i o -, x'. a� �" „'�'i,��_ ��:"r�a -,�'"� na��v. ' =s's� �,'. *wt', �_ " s r"� * �'�n. .... "45,� �#��r•r, ft b i 1 �� aywlx;;aE 14 �� 3 ENS°�: �• � *k [ w t € t{x � 17 y � kri s "i*v °" � �� r �"� � t��"t'"4�� a✓��.�� ri"` �* � 9°'s. � �,� a fit" z^a-{' s r >s a ��.:...,.. ,..t..:� s � 't'�. ,•, 5- ...� " �.,�F = ..^�." ad`.��€?.t'�'q xr..% A`� '� 't�,�.'�w`"e....:.�"' a �"�ar�`' � x d,";w,. ":G�v.`_ ...��,�.,a j%i. Fri 12 . � .t Appeat or Permit No 200700808 Appeal Building Permit Status New Frst't Appl cant ,�Souto IGilber&Carolina b r ' Addr2 157 Lewis Street a,00. ay I yillage ,Hyanrns MA 02601 x ' Aff Received hap Par 310046 Zonm Atvi Al. s Decision i "- s No_tes: a Permit issued 3/6/07, needs CO when construction complete. ' On -Close 10 x . t - . ea ',, r File Ed�t;�Taals';Help - - �• t � �� g � � �j � � � e�� ** 't� �§ — Stan Year Type/B�l No + k h C stainer�4ccaunt Ho,r TnafidnA r� ll ... History i --•---ter __� t-�...�. .--� �''" �, w 1 ��7 + � � �� ' •.t,£ i .r 'F COSTA jOSEC- aLO S3 ILzD CS� _ vDetall Aaphnrfata RD�Pe & G%, y r p� n 'B,1i t11'a Wl 1S° fit 0 M; � ... . g Parcel 1 D t. 310 ff Pare EffectiV&Date 9 �� •,�., . � ;� a PmpLac S ,LEVi11S STREET a' `� _ ;;* A� vie18 » � I Lren/Sale' �7 v by z a,, £ l a,7 r ",i; f p GWi31 ant lt]Ciftslr £�e3 g £u 1 � € �•. - �. e; 00 f �r_i Y'Ct 77,y �'�".k�,- 1 ' Specrfic Bpi irtt-Dt B511ed� t,�d fi Brest' n Unpaidhal: 'a `rE ad + a L .00 ltaliWAcct Costar eZ r 02`775 /}8: I JB � 711 i Parcel -- 4 feeslPen id.L,S'es ' „£.£z�,-Go! tom �`�'�,'^.. "�—£;t, '"��'s��'�`; j' ^ :v�•� ;5k �'' �:dsm '��' " .-s Y=.�.�� ' game Totals M_ h ' Eill�rag Dates ;s t 1~Jotei/Alerts r ' i ue 121 DtZ ,, b ilk i�} u' 77 Per.Daem 13° + "j� 1 Winer.�CIDSTA,,POSE CA.RLOS r iBC B1LL�IDR� � yi,tlttPEd 0 s r i , ; °, s: rs 4,�•.a...,.Ma,{ aw. �,» '�° •,r Qa -t "£ kit 9- A €�� a * €� S= wat� � � � za' M1- f r 4M P3ar Ur1�7atd Bitls+' Adgq p ; 1 r. - s `4�°' p 1 �jNF ? :-'f k 1 .,''dwn 1Y(i;'ai 8 '.� I � _ � __ "� �_ �`#.: • .os, a • _ a � _ "tee °_ ZVI .1 . .�}.� ��` a^ of f. Dis la trdnskbon'Nstar` far the current bill:p Y Y �.a t � awn g'.�� x"Y �,, " ��- r�� a�',` `tlti': � � ��si° ",€ 'tea' n�y��n�'� ��. '��a ��'"�� s��•"" ate`f?t�� na• wIE ram, p Town of Barnstable Regulatory Services BAMSTABIX y MASS. Thomas F.Geiler,Director wu►. Building Division Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Building Permit Procedure for Family Apartment NE APARTMENT OR EXISTING APARTMENT REQUIRING CONSTRUCTION Determine map and parcel number and enter it on application. of plan or mortgage su . L;* ist istrict Commission,200 t a roval re uir structi demolition fo y properties located in a Historic District: Old ghway Historic District(north of the Mid Cape Highway) • Hyannis Main Street Waterfront Historic District(See map for boundaries) • Historic Preservation (if applicable). ❑ 5 sets of plans measuring 11" x 17",scaled 1/4"= 1' & fully dimensionalized, required for new apartments. Plans must include a foundation, cross section, framing schedule, insulation detail & floor plan showing location of smoke detectors(located with a Red `S'.) 5 copies of floor plan of house and apartment(with smokes marked) required. Plans must show room sizes and total square footage of house and apartment. Is family apartment attached to main house? ** If using engineered lumber and/or structural steel,provide engineering data. Approvals fro he following departments are required and can be obtained at 200 Main St.: �IIealth Department(8:00—9:30 AM&3:30—4:30 PM) [� servation Department(if exterior work)(8:30—9:30 AM &3:30—4:30 PM) ��ax Collector Building Permit application to be completed and signed. Description must include names and relationship of year-round residents of main house and apartment. or cers Compensation Insurance Affidavit form must be submitted for any workers hired. In the event the homeowner takes out the permit,.subcontractors hired must supply this. Copy of Insurance Com liance Certificate must be on file. nergy Compliance Form ❑ Copies of the following licenses are required: Construction Supervisors License& Home Improvement Contractor's License-if anyone other than the homeowner applies for the Q/ permit. Homeowner License Exemption Form must be submitted if homeowner is acting as ,general 7,,contractor or builder for the project. us stgn rope caner Letter of Permission. Application Fee($50)must be paid upon submittal of application for new apartments and existing apartments requiring construction. ❑ Family Apartment Accessory Use Restriction Document: Building permit application is reviewed by Building Commissioner and, if approved, Agreement for Family Apartment is prepared and signed by Building Commissioner. Agreement must be signed, notarized, recorded at the Registry of Deeds, and returned to Building Division by the applicant. Permit is then issued. ❑ Permit Fee for new apartments or existing apartments requiring construction:- $4.10 per $1,000 of construction value. Minimum fee is $25. ❑ Certificate of Occupancy Fee of$25 is due when building permit application is submitted. U gfamaptcon 112111 Lw �� A/► � � ►� LL 9 Fob �� § 240-47.1. Farnify apartrrten#s..[Added 11-18-2004 by Order No. 2005-026] The intent of this section is to allow within all residential zoning districts one temporary family apartment unit occupied only by a member(s,),of the property owner's family as accessory to an owner-occupied single-family residence. A family apartment may be permitted, provided there is compliance with all conditions and procedural requirements herein. G A. Conditions. A family apartment shall comply with and be maintained in full compliance with all of the following conditions: (1) The-apartment unit--s:hall--not-exceed--0.0_-squareTfeet or_50=%a-of-t�h q areefootage-of the -existing--single family--dwelling;which.ee i's.� les T.he Zoning Board of Appeals may allow up to 1,200 square feet by.a special permit finding, In any case, the apartment shall be limited to no more than two bedrooms; (2) Occupancy of the apartment shall not exceed two family members; (3) The apartment shall be located within a single-family dwelling or connected to the single- family dwelling in such a manner as to allow for internal access between the units. The apartment must comply with all current setback requirements for the zoning district in which it is located. (4) At no time shall the single-family dwelling or the family apartment be sublet or subleased by either the owner or family member(s). The single-family dwelling and family apartment shall only be occupied by those persons listed on the recorded affidavit. (5) When the family apartment is vacated, or upon noncompliance with any condition or representation made including but not limited to occupancy or ownership, the use as an apartment.shall be terminated. A building permit must be applied for to remove all cabinets, countertops, kitchen sinks and appliances from the family apartment, and the water and gas service utilities must be capped and placed behind a finished wall surface. B. Procedural requirements. Prior to the creation of a family apartment, the owner of the property shall make application for a building permit with the Building Commissioner providing any and all information deemed necessary to assure compliance with this section including, but not limited to, scaled plans of any proposed remodeling or addition to accommodate the apartment, signed and recorded affidavits reciting the names and family relationship among the parties, and a signed family apartment accessory use restriction document. (1) Certificate of occupancy. Prior to occupancy of the family apartment, a certificate of occupancy shall be obtained from the Building Commissioner. No certificate of occupancy shall be issued until the Building Commissioner has made a final inspection of the apartment unit and the single-family dwelling for compliance and a copy of the family apartment accessory use restriction document recorded at the Barnstable Registry of Deeds is submitted to the Building Division. (2) Annual affidavit. Annually thereafter, a family apartment affidavit, reciting the names and family relationship among the parties and attesting that the property is the year-round primary residence of the property owner and family member(s), shall be signed and submitted to the Building Division. y „ e x PAM � r r FF b N N Town of Barnstable : tua Growth Management DepartmenttY�„1, t � a� P tom- ector Staff Repo Appeal 2008-019-Souto Variance- Section 240-47.1 Family Apartments I ! To maintain the lower level of a split level single-family dwelling as a family apartment i I Date: March 7, 2008 j To: Zoning Board of Appeals i Art Traczyk- Principal Planner Petitioner: Gilber Souto ' Property Address: 196 Craigville Beach Road, Hyannis, MA Assessor's Map/Parcel: Map 267 as parcel 143 i Zoning: Residence B Zoning District Filed:January 23,2008-No Extension Hearing:March 12,2008 Decision Due: 11 dl {i Copy of Public Notices: Gilber Souto has applie d for a variance to Section 240-47.1.A, Family Apartments. The applicant Ii ! seeks the variance to the provision of a fa The apartment en s addressed as apartment 96 Craigville Beach Road, . I sq.ft. maximum permitted under zoning. property Hyannis, MA, as shown on Assessor's Map 267 as parcel 143. It is in a Residence B Zoning District. I Background & Review: ith a one story, According to the Assessor's record, the subject propel is Lin a 0.23-a'propertyeltdeveloped was lastransferred in July 1,288 sqA. living area, six-bedroom, single family dwelling.g application submitted of 2002 and is titled to Raul G.L. Souto and Gilber J. Souto. According Ievel of the home when they the petitioner states that the apartment unit existed m the lower purchased the property. The applicant citesrthe apartment unit as being only 688 sq.ft• ,! An engineered plan for the septic system was submitted along with non-scaled drawing of the first elling and the lower level apartment unit. The drawings show 3 bedrooms on floor layout of the dw the first floor and 2 bedrooms on the lower level. The petition seeks a variance form Section 47.1, Family Apartments. Review: r t � a -t h�i2�i clFi,['�fl r.'li i�t�.u'"�"":C'lt own osf earnsteble Grin h r,^ StW Rep ~ vw Tliis appeal was referred to the Zoning Board form the enforcement agent of the Building Division. Staff had communicated to the agent that given the information submitted this apartment unit perhaps could be permitted as-of-right. That agent stated that the unit occupies all of the lower level and the area of the unit is equal to that of the first floor of the dwelling or approximtlyl,288 sq.ft. Staff had suggested that they communicate that directly to the Board, however nothing was submitted to the file form the enforcement agent. The Board may wish to request input form the Building Division on the issues they have detected. Information contained in the Building and Health Division files document that: • In May of 2007, the Health Division issued a violation to the property requiring it to be upgraded to Title V. • In August of 2007, the Building Division inspected the property as a result of a complaint that there was overcrowding. Apparently it was during this inspection that the family apartment in the lower level was observed. • In December of 2008, a new on-site septic system was installed. That system's design capacity is that of a 5 bedroom dwelling. The property is in a Wellhead Protection Overlay Districts and the septic system was installed as an upgrade of the existing. That allowed for the grandfathering of the number of bedrooms. The new system also was granted dimensional variances for the Board of Health regulations. In January of 2008 this variance request was submitted to the Zoning Board. The Board may wish to secure additional information form the petitioner to determine the extent of relief being requested including the apartment area, occupancy of the apartment and relationship of the family members. The Board may also wish to make inquires as to who and how many are occupying the dwelling units itself. A copy of Section 240-47.1 the family apartment provisions are attached to assist the Board and as a guild to determine compliance with the requirements for a family apartment. Variance Findings: The statutory.requirement of MGL Chapter 40A, Section 10 for granting a variance is a three-prong test. The applicant must substantiate those conditions that justify the granting of the relief being sought. The Zoning Board is required to find that each of the three statutory requirements has been met to consider the grant of variance. The statutory requirements are: • owing to circumstances related to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located; • a literal enforcement of the provisions of the zoning ordinance would involve substantial hardship,financial or otherwise to the.petitioner, and 2 TOWn 0r Burnsruh�� PC/CodeBook for Windows NSTABLE, MASSACHUSETTS, v11 Updated CODE OF THE TOWN OF BAR ORDINANCES I Chapter 240, ZONING I ARTICLE er 02-15-20071 PART I: GENERAL ,24 - 7.1. Family apartments. [Added 11-18-2004Y V, Accessory Uses 1 § No. 2005-0261 - .L Family apartments. [Added 11-18-2004 by Order No.2005-026] § 240 47 family of this section is to allow within all residential zoning districts one temporary The intentb a member(s) of the property owner's family as accessory to an i apartment unit occupied only Y apartment may be permitted,provided there is i owner-occupied single-family residence. A family requirements herein. compliance with all conditions and p compliance with ns. A family apartment shall comply with and be maintained in full A. Condrtlo conditions: all of the following e of the square footage si 1 The apartment unit shall not exceed 800 square feet or 50% of Boar of Appeals may ( ) dwelling,whichever is less.The Zoning case,the apartment shall existing single-family permit finding.In any allow up to 1,200 square feet by a special p be limited to no more than two bedrooms; p ent (2) Occupancy shall not exceed two family members; of the a artm dwelling or connected to the ment shall be located w (3) The ap art ithin a single-family dwelling such a manner as to allow for internal e requirements for the zoning etween the single-family with all current setback q units. The apartment must comply district in which it is located. ent be sublet or (4) At no time shall the single-family dwelling or the family apartment either thlY e owner or family member(s).The singl o iedwelling e eoTa aan subleased bye v be occupied by those persons listed family apartment shall only affidavit. ce with any condition or When the family apartment is vacated, or upon o occu ancylor ownership,the use as an 5 but not limited P ( ) representation made including permit must be applied for to remove all I apartment shall be terminated. A building p d app liances from the family apartment, and the cabinets, countertops,kitchen sinks an ' utilities must be capped and placed behind a finished wall surface. { ce water and gas serve E I ements.Prior to the creation of a family apartment,the owner of the B. Procedural requir ermit with the.Building Commissioner I 1 property shall make application for a building p to assure compliance with this section I � i providing any and all information deemed necessary � �� 1 Application for a Variance-,Page 2 X�� _evelof Development of the Property-Number of Buildings: J Goss Floor Area: sq.ft. presentse(s): Proposed Gross Floor Area to be Added: sq. ft., Altered: sq.ft. Description of Construction Activity(if applicable): Attach additional sheet and plans if necessary Site Plan Review (required to be completed prior to applying to the Zoning Board of Appeals): Site Plan Review Number Date Approved f [ ]-Not Required or Two Family use Is the property located in a designated Historic District?.................................. ................... Yes [ ] No� IfYes [ ]-Old King's Highway Regional Historic District Date Approved(if applicable) [ ]-Hyannis Main Street Waterfront Historic District f Date Approved(if applicable) i Is the building a designated Historic Landmark?..................................... .............. Yes [ ] No X 4 ............ Yes No Have you applied for a building permit?.... .................................................. Yes[ ] No�]- Have you been refused a building permit? ....................................... [ ] The following information must be submitted with the application at the time of filing. Failure to do so may result in f k a denial of your request. k • Three(3)copies of the completed application form,each with original signatures. (, lot plan)and one(1)reduced copy(81/2"x 11" or 11"x 17") . • Three(3)copies of a certified property survey(P showing the dimensions of the land,all wetlands,water bodies,surrounding roadways and the location of the existing improvements on the land. • Three(3)copies of a proposed site improvement plan and one(1)reduced copy(8 112"x 11"or 11"x 17"), drawn by a certified professional and found approvable by the Site Plan Review Committee(if applicable). This sed improvements and alterations on the land and to structures. plan must show the exact location of all propo I See"Contents of Site Plan",Section 4-7.5 of the Zoning Ordinance,for detailed requirements. • y additi nal supporting doc en to assist the Board in making its determination. The applicant may submit an Date: D ® ' Signature: A plica t' o Represe tative' Signature Print Named Representative's z Phone: Address: Fax No. i i Z_Note: All correspondence on this application will be processed through the Representative named at that address and phone number L sentative to act on provided. Except for Attorneys,if the Representative differs from the Applicant/Owner,a letter authorizing the Repre :5 behalf of the Applicant/Owner shall be required. 1 c�� j�— 4�is � ' i AP Pr�l—M EsN� 5 vx OR �- �h� ,0- C�, > co cl ;6sl � - - - W ' �� a ��`� 4 r n . t - Z IME KAM i639. fD MAr 6 Town of Barnstable" Zoning Board of Appeals Decision and Notice Special Permit No. 2008-019 -Souto Section 240-47.1.A(1) Family Apartments To maintain the lower level of a split level single-family dwelling as a family apartment of 826 sq.ft. Summary: Granted with Conditions Applicant: Gilber Souto Property Address: 196 Craigville Beach Road, Hyannis, MA Assessor's Map/Parcel: Map 267 as parcel 143 Zoning: Residence B Zoning District Relief Requested and Background: The subject property is a 0.23-acre lot developed with a one-story, split-level 1,288 sq.ft. single-family dwelling. The property was last transferred in July of 2002 and is titled to Raul G.L. Souto and Gilber J. Souto. According to the application submitted, the apartment unit existed in the lower level of the split level home when the applicant purchased the property. The applicant cited the apartment unit as being 688 sq.ft. However, at the hearing the Board received information from the Building Division that it was 829 sq.ft. An engineered plan for the five-bedroom septic system was submitted along with a non-scaled drawing of the first floor layout of the dwelling and the lower level apartment unit. The drawings show 3 bedrooms on the first floor and 2 bedrooms on the lower level. The applicant originally sought a variance from Section 47.1, Family Apartments. However, upon review of the Board it was determined that this relief could be granted as a Special Permit pursuant to Section 240-47.1.A(1) Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 23, 2008. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 12, 2008, at which time the Board found to grant the Special Permit subject to conditions. Board Members deciding this appeal were James R. Hatfield, Sheila Geiler,John T. Norman, Kelly Kevin Lydon, and Chairman, Gail C. Nightingale. Mr. Gilber Souto represented himself at the public hearing. He noted that he and his father purchased the property about five years ago and that the apartment unit existing in the lower level of the dwelling at that time. He cited that his whole family lives in the home and the Building Division cited them for the number of vehicles parked in the yard. When that division visited the home they noted the apartment units and stated that they had no records of the unit being installed and that relief form the Board would be required due to the size of the apartment. Town of Barnstable—Zoning Board of Appeals—Decision and Notice Special Permit No.2008-019—Souto-Family Apartment Mr. Souto noted that his cousin occupies the basement level apartment. The Board cited that occupancy is also limited to two persons in the apartment units. Mr. Souto stated that he would comply with that requirement. It was also confirmed that the main dwelling unit above had three bedrooms and was being occupied by four persons. It was also noted that the Building Inspector had been to the property and measured the family apartment unit at 829 sq.ft. and the main dwelling unit at 1,148 sq.ft. The Board stated that this area exceeds the 800 sq.ft. maximum area for a family apartment. However, it is under the 1,200 sq.ft. limit and the Board could permit it by special permit. The Board and applicant discussed the number of vehicles and it was noted that 6 vehicles are parked on the property. Mr. Souto stated that there is sufficient area on the lot to park that many vehicles. Building Commissioner Tom Perry addressed the area of the apartment stating that there is also a utility room in the basement and that the applicant would be required to secure a building permit for the unit and an occupancy permit also. The permits would trigger any improvements needed and assure all building codes were met. Public comment was requested and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of March 12, 2008, the Board unanimously made the following findings of fact: 1. Appeal 2008-019 is that application of Gillber Souto for property addressed as 196 Craigville Beach Road, Hyannis, MA. It is shown on Assessor's Map 267 as parcel 143. It is in a Residence B Zoning District. The applicant is seeking a variance to the provision of a family apartment to allow the apartment to exceed the 800 sq.ft. maximum. However that relief can be granted as a special permit pursuant to Section 240-47.1.A(1). 2. The property is a 0.23-acre lot developed with a one-story, split-level, 1,288 sq.ft. single-family dwelling. The applicant acquired the property in July of 2002 and according to his testimony the apartment unit existed in the lower level of the home at that time. The Building Division has confirmed that the apartment unit is 829 sq.ft., and consists of 2 bedrooms. 3. In May of 2007, the Health Division issued a violation to the property requiring it to be upgraded to Title V. In August of 2007, the Building Division inspected the property as a result of a complaint that there was overcrowding. In December of 2008, a new on-site septic system was installed. That system's design capacity is that of a 5 bedroom dwelling. The property is in a Wellhead Protection Overlay District and the septic system was installed as an upgrade of the existing. This allowed for the grandfathering of the number of bedrooms. The new system also was granted dimensional variances from the Board of Health regulations. 4. Today, the applicant is seeking to ensure that the apartment unit is legal under zoning. With proper conditions, this permit may be granted without substantial detriment to the public good and neighborhood. Decision: Based on the findings of fact, a motion was duly made and seconded to grant a family apartment special permit to allow a family apartment of 829 sq.ft. subject to all of the following conditions: 1. The family apartment shall comply with, and be maintained, in full compliance with all other requirements of Section 240-47.1 for a family apartment as-of-right as well as all conditions in this decision. 2 Town of Barnstable—Zoning Board of Appeals—Decision and Notice Special Permit No.2008-019—Souto-Family Apartment 2. The family apartment shall be maintained as a two-bedroom unit in the lower level of the split level home not to exceed 829 sq.ft. Occupancy of the unit is limited to no more that two persons. 3. The main dwelling unit shall be limited to that of a three-bedroom dwelling to be occupied by the property owner. This unit shall be limited to an occupancy not to exceed four persons. 4. The total number of persons residing on the property shall not exceed 6. 5. The maximum number of vehicles parked on the property over night (midnight to 6:00 AM) is limited to 6 vehicles. 6. The applicant shall apply for a building permit for the construction of the unit. Any and all requirements of the Building Division shall be fully complied with to assure that the unit and building meet all applicable codes for human habitation, including building, fire, and health. 7. Occupancy of the dwelling and the family apartment unit is restricted to family members only and there shall be no renting of the unit to non-family members and no renting of rooms allowed. 8. This permit is issued to the applicant and is nontransferable. 9. The violation of any of the conditions imposed shall be reason for the Building Commissioner to request a show cause hearing with this Board to revoke this permit. The vote was as follows: AYE: James R. Hatfield, Sheila Geiler,John T. Norman, Kelly Kevin Lydon, Gail C. Nightingale NAY: None Ordered: Special Permit No. 2008-019 has been granted with conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals Office. The relief authorized by this decision must be exercised within one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision, a copy of which must be filed in the office of the Barnstable Town Clerk. Gail C. Nightingale, Chairman Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 3 Town of Barnstable Growth Management Department Patty Daley-Director Staff Report Appeal 2008-019-Souto Variance-Section 240-47.1 Family Apartments To maintain the lower level of a split level single-family dwelling as a family apartment Date: March 7, 2008 To: Zoning Board of Appeals Art Traczyk- Principal Planner Petitioner: Gilber Souto Property Address: 196 Craigville Beach Road, Hyannis, MA Assessor's Map/Parcel: Map 267 as parcel 143 Zoning: Residence B Zoning District Filed:January 23,2008—No Extension Hearing:March 12,2008 Decision Due: Copy of Public Notices: Gilber Souto has applied for a variance to Section 240-47.1.A, Family Apartments. The applicant seeks the variance to the provision of a family apartment to allow the apartment to exceed the 800 sq.ft. maximum permitted under zoning. The property is addressed as 196 Craigville Beach Road, Hyannis, MA, as shown on Assessor's Map 267 as parcel 143. It is in a Residence B Zoning District. Background & Review: According to the Assessor's record, the subject property is a 0.23-acre lot developed with a one story, . 1,288 sq.ft. living area, six-bedroom, single-family dwelling. The property was last transferred in July of 2002 and is titled to Raul G.L. Souto and Gilber J. Souto. According to the application submitted, the petitioner states that the apartment unit existed in the lower level of the home when they purchased the property. The applicant cites the apartment unit as being only 688 sq.ft. An engineered plan for the septic system was submitted along with a non-scaled drawing of the first floor layout of the dwelling and the lower level apartment unit. The drawings show 3 bedrooms,on the first floor and 2 bedrooms on the lower level. The petition seeks a variance from Section 47.1, Family Apartments. Town of Barnstable-Growth Management Department Staff Report—Appeal 2008-019—Souto F Review: This appeal was referred to the Zoning Board from the enforcement agent of the Building Division. Staff had communicated to the agent that given the information submitted, this apartment unit perhaps could be permitted as-of-right. That agent stated that the unit occupies all of the lower level and the area of the unit is equal to that of the first floor of the dwelling or approximtly1,288 sq.ft. Staff had suggested that they communicate that directly to the Board, however nothing was submitted to the file from the enforcement agent. The Board may wish to request input from the Building Division on the issues they have detected. Information contained in the Building and Health Division files document that: • In May of 2007, the Health Division issued a violation to the property requiring it to be upgraded to Title V. • In August of 2007, the Building Division inspected the property as a result of a complaint that there was overcrowding. Apparently it was during this inspection that the family apartment in the lower level was observed. • In December of 2008, a new on-site septic system was installed. That system's design capacity is that of a 5 bedroom dwelling. The property is in a Wellhead Protection Overlay District and the septic system was installed as an upgrade of the existing. That allowed for the grandfathering of the number of bedrooms. The new system also was granted dimensional variances from the Board of Health regulations. In January of 2008 this variance request was submitted to the Zoning Board. The Board may wish to secure additional information from the petitioner to determine the extent of relief being requested including the apartment area, occupancy of the apartment, and relationship of the family members. The Board may also wish to make inquiries as to whom and how many persons are occupying the units. A copy of Section 240-47.1 family apartment provisions are attached to assist the Board and as a guide to determine compliance with the requirements for a family apartment. Variance Findings: The statutory requirement of MGL Chapter 40A, Section 10 for granting a variance is a three-prong test. The applicant must substantiate those conditions that justify the granting of the relief being sought. The Zoning Board is required to find that each of the three statutory requirements has been met to consider the grant of a variance. The statutory requirements are: • owing to circumstances related to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located; 2 Town of Barnstable-Growth Management Department Staff Report—Appeal 2008-019—Souto • a literal enforcement of the provisions of the zoning ordinance would involve substantial hardship, financial or otherwise to the petitioner; and • desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoni.ng ordinance. An application for a variance that has met all three requirements does not automatically confer the right to a variance. The Board still has the discretionary power to grant or not grant the variance. Suggested Conditions: Staff has not generated proposed conditions as given the information, staff is not confident they have a grasp of the issues and problems before the Board. Copies: Petitioner/Applicant Attach: Application and Plans Parcel Information n 4 ' I ' a t - a Ili 3 i . Toivn of Barnsiuh)e PC/CodeBook for Windows CODE OF THE TOWN OF BARNSTABLE, MASSACHUSETTS, v11 Updated 02-15-2007 / PART I: GENERAL ORDINANCES / Chapter 240, ZONING I ARTICLE V, Accessory Uses / § 240-47.1. Family apartments. [Added 11-18-2004 by Order No. 2005-026] § 240-47.1. Family apartments. [Added 11-18-2004 by Order No. 2005-0261 The intent of this section is to allow-within all residential zoning districts one temporary family apartment unit occupied only by a member(s) of the property owner's family as accessory to an owner-occupied single-family residence. A family apartment may be permitted, provided there is compliance with all conditions and procedural requirements herein. A. Conditions. A family apartment shall comply with and be maintained in full compliance with all of the following conditions: (1) The apartment unit shall not exceed 800 square feet or 50%of the square footage of the existing single-family dwelling, whichever is less. The Zoning Board of Appeals may allow up to 1,200 square feet by a special permit finding. In any case,the apartment shall be limited to no more than two bedrooms; (2) Occupancy of the apartment shall not exceed two family members; (3) The apartment shall be located within a single-family dwelling or connected to the single-family dwelling in such a manner as to allow for internal access between the units. The apartment must comply with all current setback requirements for the zoning district in which it is located. (4) At no time shall the single-family dwelling or the family apartment be sublet or subleased by either the owner or family member(s). The single-family dwelling and family apartment shall only be occupied by those persons listed on the recorded affidavit. (5) When the family apartment is vacated, or upon noncompliance with any condition or representation made including but not limited to occupancy or ownership,the use as an apartment shall be terminated. A building permit must be applied for to remove all cabinets, countertops, kitchen sinks and appliances from the family apartment, and the water and gas service utilities must be capped and placed behind a finished wall surface. B. Procedural requirements. Prior to the creation of a family apartment,the owner of the property shall make application for a building permit with the Building Commissioner providing any and all information deemed necessary to assure compliance with this section 1 7OWT7 0."U(i1h"YTCi1)1e PC/CodeBook for Windows including,but not limited to, scaled plans of any proposed remodeling or addition to accommodate the apartment, signed and recorded affidavits reciting the names and family relationship among the parties, and a.signed family apartment accessory use restriction document. (1) Certificate of occupancy. Prior to occupancy of the family apartment, a certificate of occupancy shall be obtained from the Building Commissioner.No certificate of occupancy shall be issued until the Building Commissioner has made a final inspection of the apartment unit and the single-family dwelling for compliance and a copy of the family apartment accessory use restriction document recorded at the Barnstable Registry of Deeds is submitted to the Building Division. (2) Annual affidavit. Annually thereafter, a family apartment affidavit, reciting the names and family relationship among the parties and attesting that the property is the year-round primary residence of the property owner and family member(s), shall be signed and submitted to the Building Division. 2 - T . Town of Barnstable Zoning Board of Appeals Application for a VarianQ8 SRN 23 F .23 Date Received For office use only: Town Clerk's Office: Appeal# -Hearing Date Decision Due The undersigned hereby applies to the Zoning Board of Appeals for a Variance,in the manner and for the reasons set forth below: Applicant Name: �►' �5ou± ,Phone: �� `�� l v Applicant Address: N 6 CRA 1 6 y i l/ e F1'lu Ail c Property Location: C/2 A (C2,\1 l R)/j- -6 0 Property Owner: (.,I L13CP Phone:('-5 V_) " —_ S' q 9 D Address of Owner: I-�p1 1 e i �0 yTV If applicant differs from owner,state nature of interest.-' Assessor's Map/Parcel Number: 7 Y J Zoning District: Number of Years Owned: Groundwater Overlay District: Variance Requested: ""`/' -7 Cite Section&Title of the Zoning Ordinance Description of Activity/Reason for Request: U3V-L/\-% tXQU/.I.Q Uj t L Qnrnt �vov� c�l� ��✓ t�r�.l )no CWtitic�(n 4�.O�.c� �� ►nq /L1��C#P . C �.t `rlt��.e �� 'h CACCc4v►�OCIL, �:i 1.��X.i ` 1�(xi�� )�V -O.Q AXULLAA 0LIX0'TI VOr tUA_,i Jze C n tc c t 'i � �fiach additional sheet if necessary. Does the property have any existing Variance or Special Permit issued to it? Permit No.: If the applicant differs from owner,the applicant will be required to submit one original notarized letter,copy of a proposed purchase&sales agreement or lease,or other documents with the application to prove standing and interest in the parcel or structure. - Application for a Variance-Page 2 Existing Level of Development of the Property-Number of Buildings: of C.IM A Present Use(s): Gross Floor Area: 1 �� sq.ft. Proposed Gross Floor Area to be Added: sq. ft., Altered: s4•ft. Description of Construction Activity(if applicable): l Attach additional sheet and plans if necessary Site Plan Review (required to be completed prior to applying to the Zoning Board of Appeals): Site Plan Review Number Date Approved [ ]-Not Required n 1 or Two Family use Is the property located in a designated Historic District?.................................................... Yes [ ] Not' If yes [ ]-Old King's Highway Regional Historic District Date Approved(if applicable) [ ]-Hyannis Main Street Waterfront Historic District Date Approved(if applicable) Is the building a designated Historic Landmark?.................................................................. Yes [ ] No�q Have you applied for a building permit?.................. ........................ Yes [ ] No ..................................... Have you been refused a building permit? .......................................................................... Yes [ ] NoN The following information must be submitted with the application at the time of filing. Failure to do so may result in a denial of your request. • Three(3)copies of the completed application form,each with original signatures. • Three(3)copies of a certified property survey(plot plan)and one(1)reduced copy(8 1/2" x 11" or 11"x 17") showing the dimensions of the land, all wetlands,water bodies,surrounding roadways and the location of the existing improvements on the land. • Three(3)copies of a proposed site improvement plan and one(1)reduced copy(8 1/2"x 11"or 11"x 17"), drawn by a certified professional and found approvable by the Site Plan Review Committee(if applicable). This plan must show the exact location of all proposed improvements and alterations on the land and to structures. See"Contents of Site Plan",Section 4-7.5 of the Zoning Ordinance,for detailed requirements. • The applicant may submit any additi nal supporting doc en to assist the Board in making its determination. Signature: Date: A plic o Represe ative' Signature Print NameAt6/_ Representative's 2 Phone: Address: Fax No. ve named at that address and hone number z Representative P Note: All correspondence on this application will be processed through the R p provided. Except for Attorneys,if the Representative differs from the Applicant/Owner,a letter authorizing the Representative to act on behalf of the Applicant/Owner shall be required. `�1 G ter Lw�NCB c5 i r LL Zr- M � aCD M LL QCOM i i II Town of Barnstable Geographic Information System February 14,2008 267060 267062 O6 9061 r26T166 267160 267150 267 #69 80 # .131 #125 #77 267087 #.14 p # 14 J #70 S6092 22667059 2670�63 2671�64 � SUGARguSH 267098 267132 2607177 #66_3 267065.• - #137 #24 287058 #52 #39 CZ : #62 #14 j OC. 287159 #46�j 4i fi iy 14 S #71256133 3 1 O ?Gl1�2 L7071 267154 26/1�8. It 5 11 r (`� 267179 -t1 #43 #34/ �ti716j 4<15d ` tmn f t 267126j +1 267094 n ll-�' 26'ib5 #39 x #444 267070 26715r� 1 267127 �---} 267182 #29 O{ w > #16S #47 TC 267U67� 1 ' O 287134 F267072 ' t067001: 256 1.� 26 r 069 �© .�{ r'�v. t " ' 2 5 129 t1 267136 267190 1"1 267120. 2610t5 > #62 #0 267119 #238 ri ip2U6 (^ #244 �f3�140 > It# #10 GH ROAn 186� C�AtGV11.LE EA del 6p, s r J r 267096 267099 '6�iO3, #130 #132 0 73 Feet DDZ�#;o '/.Q7116 102 105 0 DISCLAIMERS:This map is for planning purposes only. It is not adequate for legal Map:267 Parcel:143 Zoning Board of Appeals(ZBA) Selected Parcel F NJ boundary determination or regulatory interpretation. Enlargements beyond a scale of t 1'=100'may not meet established map accuracy standards. The parcel lines on this map Abutter List Type-Parties of interest are those directly opposite subject lot on w•�:r .- E are only graphic representations of Assessor's tax parcels. They are not true property any public or private street or way and abutters to abutters. Notification of all Abutters �, boundaries and do not represent accurate relationships to physical features on the map properties within 300 feet ring of the subject lot Buffer /�' such as building locations. ` , Barnstable Assessing Search Results Pagel of 3 r Home: Departments: Assessors Division: Property Assessment Search Results New Search + , = New Interactive Maps » Owner: 2008 Assessed Values: SOUTO, RAUL G L&GILBER J 196 CRAIGVILLE BEACH ROAD Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $ 143,600 $ 143,600 267 / 143/ Extra Features: $24,600 $24,600 Outbuildings: $500 $500 Mailing Address Land Value: $ 143,200 $ 143,200 SOUTO, RAUL G L&GILBER J Totals $311,900 $311,900 196 CRAIGVILLE BEACH RD Residential Exemption Received=$105,082 HYANNIS, MA.02601 2008 REAL ESTATE Tax Information: Tax Rates: (per $1,000 of valuation) Coy mmunit Preservation Act Tax $40.83 Fire District Rates s Town Barnstable FD-All Classes $2.04 $6.58 C.O.M.M. -All Classes $1.03 Commei Hyannis FD Tax(Residential) $477.21 Cotuit FD-All Classes $1.03 $5.80 Hyannis-Residential $1.53 Persona Town Tax(Residential) $ 1,360.86 Hyannis-Commercial $2.35 $5.80 Hyannis-Personal $2.35 Other R; W Barnstable-Residential $1.86 Commur W Barnstable-Commercial $1.86 W Barnstable-Personal $1.86 Total: $ 1,878.90 Construction Details Building ProperPropertetch y�Sketch & ASBUILT' gend Building value $ 143,600 Interior Floors Carpet Style Raised Ranch Interior Walls Drywall Model Residential Heat Fuel Gas Grade Average Heat Type Hot Water Stories 1 Story AC Type None http://www.town.bamstable.ma.us/assessing/assess/displayparcel08map.asp?mappar=267143 3/5/2008 Barnstable Assessing Search Results Page 2 of 3 Exterior Walls Wood Shingle Bedrooms 6 Bedrooms Roof Structure Gable/Hip Bathrooms 2 Full Roof Cover Asph/F GIs/Cmp living area 1288 Replacement Cost $168935 Year Built 1971 2 W.D[K 12 3 Depreciation 15 Total Rooms 9 Rooms k a t i raa E trX ,sue Land r 46AS, n CODE 1010 BMTT r Lot Size(Acres) 0.23 a _ Appraised Value $ 143,200 AsBuilt Card N/A Assessed Value $ 143,200 ;.View Interactive Maps > Sales History: Owner: Sale Date Book/Page: Sale Price: SOUTO, RAUL G L&GILBER J Jul 19 2002 12:OOAM 15383/306 $270,000 TURNER,JOSEPH T&ANN C Nov 15 1996 12:00AM 10483/282 $ 100,000 SCHMIDT, NORMAN H&MILDRED L 2050/311 $0 Extra Building Features Code Description Units/SO ft Appraised Value Assessed Value FPL1 Fireplace 1 $2,600 $2,600 FPO Ext FP Opening 1 $700. $700 SHED Shed 80 $500 $500 BLA Bsmt Liv-Aver 1000 $21,300 $21,300 Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area (Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story (Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck http://www.town.bamstable.ma.us/assessing/assess/displayparcelO8map.asp?mappar=267143 3/5/2008 Bk 15383 P9306 06281— 07-19-2002 a'1 02836o QUITCLAIM DEED We, JOSEPH T. TURNER and ANN C. TURNER, husband and wife, as tenants by the entirety, both of 196 Craigville Beach Road, Barnstable (West Hyannisport) , Massachusetts, in consideration of TWO HUNDRED AND SEVENTY THOUSAND ($270,000.00) DOLLARS grants to RAUL G.L. SOUTO of 26 Yarmouth Road, Barnstable (Hyannis) ,Massachusetts and GILBER J. SOUTO of 800 Bearse Way, Barnstable (Hyannis) , Massachusetts, as Joint Tenants and not as tenants in common with QUITCLAIM COVENANTS The land in Barnstable (Hyannis) , Barnstable County, Massachusetts, with the buildings thereon, bounded and described as follows: NORTHEASTERLY: by land of C.K.M. Realty Associates, as shown on the plan hereinafter described, 101 feet; SOUTHEASTERLY: by Lot 21, as shown on said plan, 100 feet; SOUTHWESTERLY: by- Old Craigville Road, as shown on said plan, 101 feet; NORTHWESTERLY: by land of Anista. and Priscilla Butkus, as shown on said plan, 100 feet. Containing 10,091 square feet, according to said plan. The above described premises are shown as Lot 22 on plan of land entitled "Plan of Land Barnstable, Mass. Owner: C.K.M. Realty s Associates" dated April 12, 1971, and recorded with Barnstable a County Registry of Deeds in Plan Book 245, Page 153. Said premises are conveyed subject- to Protective Covenants as -� set forth in instrument dated June 10, 1972 and recorded in said 1=� Registry of Deeds, Book 1666, Page 172. Being the same premises conveyed to us by deed of Norman H. Schmidt and Mildred L. Schmidt dated November 14, 1996, and ,9- recorded at the Barnstable Registry of Deeds in Book 10483, CT� Page 282. For earlier title, see deed of Costrino to Schmidt dated June 5, 1974 and recorded at said Registry .of Deeds in Book 10483, Page 282. WITNESS, our hands and seals th' 8th day of Jun 200 p V oseph T. T rn Jf ( Ann C. Turner COM40NWEALTH OF MASSACHUSETTS Norfolk, ss. June 28, 2002 Then personally appeared the above-named, Joseph T. Turner and Ann C. Turner, as aforesaid, and ackn foregoing instrument to be their free act and R. C e, Joh lic My mmi- ust 16, 2002 Bk 15383 Po307 --62818 t ------------ BLE rOUNTY REY D COUNTY E� _ C�; --------------------- F:EG� EEDB RE G BARN. DATE 07.19.102 FRI 07/19/D2 2:47PM 01 TAX $615.60 D0000D k5471 TOTAL $615.60 F S723.4D CHECK $615.60 CLERK 1 N0.031620 CASH $923_4-D TIME 14:30 llll N N 0 y N N t0 Cl 'd w O O w w m C4 F- w F 41.0 C � z x `0tS � � w m c ao �� ee F d Z J m co d w x g ao N Z = NOan oV co z cb Y _ I . s BARNSTABLE REGISTRY OF DEEDS imp r U2 Town of Barnstable * BAMSPABLE, MASS. m Regulatory Services �D 16S9, �0 A'fD�AA�a Thomas F. Geiler, Director Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Certified mail: 7006 0810 0000 3525 3374 May 17, 2007 Raul Gilberto Lopes Souto 196 Graigville Beach Road Hyannis, MA.02601 NOTICE OF VIOLATIONS OF BARNSTABLE CODE CHAPTER 360 ARTICLE VII 4360-16, ARTICLE I 4353.1. VIOLATION OF 105 CMR 410.354 STATE SANITARY CODE The property owned by you located at 196 Craigville Beach Road, Hyannis was inspected by Donald Desmarais, RS Health Inspector for the Town of Barnstable, because of a complaint. The following violations were observed. 4360-9; Town of Barnstable Code: Upgrading systems consisting of one cesspool. The septic system is a single cesspool. It must be upgraded to current Title V. You are ordered to correct the above listed violation within the time frames listed below: 1) You are directed to contact and hire a professional engineer to design a septic system which meets local and state regulation requirements within thirty (30) days of receipt of this.letter in order to upgrade this system. 4) The newly installed septic system shall be completed on or before August 1 2007. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the date the order is served. Non-compliance may result in the issuance of a $100.00 non-criminal ticket citation. Each day's failure to comply with an order of the Board of Health shall constitute as a separate violation. PER ORDER OF THE B ARD OF HEALTH c ean Director of Public Health P.O. BOX 771 HARWICH PORT, MASSACHUSETTS 02646 Sanitary Systems Cleaned and Repaired . TELEPHONE Inspections and Certifications (508)432-4908 (Harwich) Sewerooter Service (508) 778-4908(Hyannis) General Trucking and Construction 1-800-281-4908 Established 1943 July 3, 2007 Barnstable Health Dept. Attn: Donald Desmarais 200 Main Street Hyannis, Ma 02601 Re: Marilene Souto 196 Craigville Beach Rd. Hyannis, Ma 02601 Map 267, Parcel 143 On Wednesday June 27, 2007, I performed a voluntary inspection of the septic system at the above mentioned property. I found a cesspool connected in series to a precast seepage pit. However upon opening the seepage pit, I observed the ponding (liquid level) to be above the invert of the inlet pipe and also noticed stain lines above the pipe indicating that the pit had been totally full. This system is failed due to hydraulic loading and will not pass a Title Five inspection. Jeffrey M. Wall Wall Septic Service DATE: 8/1/07 TO: Building File FROM: RCG RE: 196 Craigville Beach Road,Hyannis, ' This property was subject of an evening inspection as.a result of an overcrowding complaint. Dwelling is a split level. Property owners may apply for family apartment but BOH was unable to confirm septic capacity. DD (BOH) determined original approval was for total of 5 bedrooms - 3 on first floor and two down. DD advised Ricardo De Olivera(Portuguese translator) in my presence to: • Have a perc test done • Hire a professional engineer to design replacement 5 bedroom septic system • Submit plans to BOH for approval • Apply for family apartment J / Fees THE COMMONWEALTH OF MASSACHUSETTS Entered in computer:4 PUBLIC HEALTH DIVISION -TOWN OF BARNSTABLE, MASSACHUSETTS Yes 21ppiication for Miqu al !&pgtem Congtruction Permit Application for a Permit to Construct( ) Repair( ) Upgrade(l�Abandon( ), ❑Complete System ❑Individual Components Location Address or Lot No. �p�� /(,�L��.lj C�J G ti/1 ,(i"? Owner's Name,Address,and Tel.No. Assessor's Map/Parcel C " LAMA- '5'CJT^ hwfffC �+ C G Installer's Name,Address,and Tel.No. JC-P37:�r64 Designer's Name,Address and Tel.No.5Otl" Type of Building: Dwelling No.of Bedrooms ✓ Lot Size sq.ft. Garbage Grinder ( ) Other Type of Building No.of Persons Showers( Cafeteria Other Fixtures -+ Design Flow(min.required) 53 o gpd Design flow provided — ? gpd Plan Date jA3 Number of sheets Revision Date Title Size of Septic Tank?6*bP P <�2>i'N Ji$�c_;j Type f S.A.S. ` Description of Soil_A-.G _5 .1111 �-�:sue/ i Nature of Repairs or Alt7tions(Answer when applicable) Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance of the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certificate of Compliance has been issued by this f He lth. Si ed Date //// �7 Application Approved by Date _ J'T7.d_ Application Disapproved by: Date for the following reasons L, Permit No. C-)00-2 l� Date Issued ——————————————————————————————————————————-- THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,MASSACHUSETTS Certificate of Compliance THIS IS TO CERTIFY,that the On-site Sewage Disposal System Constructed ( ) Repaired ( ) Upgraded (� Abandoned( )by U /,2 Z-r at 49& 414"FIMS?a. 4AA:-4/%I) f Kas been constructed in accordance hh f with the provis' f Title 5 and the for Disposal System Construction Permit No. ��CA7_5 6 dated / Installer / G� �� O Designeri��rj.Lfi6 .� #bedrooms Approved design flow If gpd The issuance¢f thi permit shall n�t b,construed as#guarantee that the system nction as de�ign'e Date 11 1 �/' Cam'. M(f f l ,`� Inspectors //7L/ ---- //--//� No.�d0-7-566 --- ——-- Fee /mod THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION-BARNSTABLE,MASSACHUSETTS 00po5al 6p5tem Construction Permit Permission is hereby granted to Construct ( ) Repair ( ) Upgrade) Abandon ( ) ' System located at ' I and as described in the above Application for Disposal System Construction Permit.The applicant recognizes his/her duty to comply with Title 5 and the following local provisions or special conditions. i Provided:Construction ust bLo completed within three years of the`date of ilJ� Date 1 `! / Approve I I Q�vcS�dn � �� '� ,. ��s ��' . _ Message Page 1 of 1 Giangregorio, Robin From: Giangregorio, Robin Sent: Wednesday, March 12, 2008 1:35 PM To: Traczyk, Art Subject: 196 Craigville Beach Rd Art, I was out at 196 Craigville Beach Road this morning with Paul Roma, We measured the apartment and subsequently Paul determined the unit to be 829 sq ft. The following should be noted for consideration by the Board: 1. The septic capacity is identified as a 5 bedroom system installed in Dec. 2007 and therefore the number of bedrooms on site should be absolutely confirmed with the applicant. I have been informed that the first floor has 3 bedrooms and that is my memory from a prior visit. I noted three bedrooms on the lower level in accordance with Title 5 definitions. Although, one room was currently set up as a playroom, it still meets the Title 5 criteria for a bedroom including size, privacy and a closet. 2. Some minor improvements are required inside including but not necessarily limited to installing all switch cover plates, a hand railing for the interior stairway and a CO detector.A more complete punch list may be provided at the time the applicant applies for a building permit. 3. The biggest hurdle here is the installation of a proper egress window in all of the lower level bedrooms. These windows must have a clear glass opening of 20"X 24" and cannot be installed more than 44" off the ground level. Again, this information will be provided at the time of permitting. 4. The Board should confirm the total number of residents including children (and ages), number adults over 21, names of all, relationship to owner and where each party shall reside (primary or apartment). The floor plan should be labeled with the names of the residents for the record. 5. The Board should also determine the number of residents eligible to drive and the number of cars. 6. If granted a clause allowing the Building Commissioner to request a show cause hearing should be included.. I will provide you with copies of pictures taken this morning. Thanks for your help! `RA&n %n.i flg f:n.forC6'17J>n t Off cc.r bwyl c�!' 13,�nstrrE31e 200 ,Bfa.i n flyann.i s, JM 0260.1 3/12/2008 j mm . _L- A _ r K� s 1� i soon t _, ._... ,� , �� ' `' _, - .. �, --�- L°: _-.� s ;y. s r . i n ' I 1 � y r v - t } t s I1 . - � F � , i ��, �: i �� _ k 1 u: h i - ly � •f � \AY` `� .r`yr � �`� 11iti �� P r .e� M S. .� � tS�\\vV■■ll��a`y i' 'fir � K'1r �� ` •. � '+`+�. i a�� MA Rtbv- All TV 'rllt�Y. �, - .�w`��r r If � r7 t�,t .�s�,r�� V.�' � 'r s'/uJ r«� �� .,y ,•� !'"�5, ! � .L N ''..., �'►"'iT r�+• i. _. _' f' , • jf rah r'i- �(QJ` /� �. �� ` { '�'�, 5 S ` I� - r. '� 1 w�. � .�� ,i�� :' r '��, j/t 7�� .j//'��Fl:,,1 i /�� "y. �.. �«f fed�i.► -+k+r � . i�' �, .. i �t<, �jyj '� 1 . , 'j r t t •`rr' •,, .6j1�•r rz' rfwAm • 1 � �• ��1{1j1� � ,vR 7D, I F t y� y 11 .A j1k r 1 ,,;t,L Sri�• i ��• �e� 1�. ''�� '� ti .i�y� ^� ' 1'/�1}�s�+��ii',,;: ��M�`9j ona �, '!F 4 d � J■(■� 1 f ' i11 ti j . I 3 t i _ �A I 1/31/08 Art questioned why 196 Craigville Beach Rd was submitting an application before the ZBA for a family apartment and why it was not granted as of right. I replied that the sq ft exceeded the maximum allowed area. The floor plans submitted do not add up properly. This was confirmed with Don (BOH)who had been out there with me previously. The applicant submitted floor plans identifying sq ft but did not note the actual dimensions. The assessing dept notes about 1200 s ft of living area. This is a split level—the basement mirrors the first floor but the numbers don't add up....... 1/31/08 Art questioned why 196 Craigville Beach Rd was submitting an application before the ZBA for a family apartment and why it was not granted as of right. I replied that the sq ft exceeded the maximum allowed area. The floor plans submitted do not add up properly. This was confirmed with Don(BOH) who had been out there with me previously. The applicant submitted floor plans identifying sq ft but did not note the actual dimensions. The assessing dept notes about 1200 s ft of living area. This is a split level—the basement mirrors the first floor but the numbers don't add'up....... F Pz . i • No response to Amnesty letter dated 11/14/06. • Spoke to brother-in-law of owner. • He resides here with his wife, young child. • He has adult son living in basement unit. • Wife's child may also move in later. • Advised couple to apply for family apartment. • We were unable to access unit but owner will call & set up appointment. • Unable to confirm or dismiss egress concerns. Advised owner accordingly. • Discussed previous complaint regarding used car sales at this site. • Owner has ceased activity • Found no evidence of continued activity. ADDRESS: 196 Craigville Beach Road Home Occupy— Cape Fitness Repair Zoning: RB-WP Unrelated lodgers Owner of Record: Raul & Gilber Souto Contact Thiago Souto (son) &Mrs Souto 508-778-2940 Number of Bedrooms : 6 Bedrooms BOH 4 bedroom cesspool—location of 2nd tank unknown Actual 6 • Found 4 cars in driveway upon arrival. • 4 adults live upstairs, M&M Souto, Thiago and a cousin. • 3 Adults live downstairs. —another cousin, his wife and a third unrelated adult. • Found interior downstairs door to apartment in split-level to be padlocked from inside apt. • Advised Thiago to remove. (He did not have key) • Smoke detectors not working. ADDRESS : 55 Straightway, Hyannis Zoning : RB-WP Unrelated lodgers Owner of Record:Joao Pimenta Contact Number of Bedrooms : 3 Bedrooms BOH 3 Bedrooms Actual 5 • 6 Adults and 1 infant reside here. • Joao owns the tow truck that was parked at 166 Beth Lane. • Left instructions with daughter, Diane (owner of 166 Beth) to contact me ASAP. • This is a split level home. • Basement finished with 2 rooms that qualify as bedrooms. • Room immediately to right of stairs with fireplace was open but set up as a bedroom. • Entrance was segregated with a typical door. • Obvious that original layout intended this to be a family room. • Windows did not satisfy egress standards.Second bedroom in basement had 5' cased opening determined by P Roma. • Mattresses and furniture were stored here. • Diane stated this belongs to her brother who moved to N Carolina and left his stuff here. • For safety purposes, sleeping area should be in 2°a bedroom as egress window is ok. • Left exit order on site. UPDATE • Came in with interpreter as requested. • PR reviewed egress issues and septic concern. • Discussed complaint regarding tow truck at this location. • Advised to find new location to park truck within 2 weeks. • Must advise me of new location or be ticketed. ADDRESS: 229 Sudbury Lane, Hyannis Zoning :RB-WP Unrelated lodgers Owner of Record: Wanderson Figueiredo: Contact Number of Bedrooms : 3 Bedrooms BOH sewer Actual 3 • No problems here. • Garage looks like apt from outside but is actually storage only. • Tenants moving this month. • No apartment in basement—partly finished walls & floor. • Basement used for storage only. ADDRESS: 15 Wellesley Circle, Hyannis Zoning :RB-WP Unrelated lodgers Owner of Record: Paulo Hoffinan Contact Number of Bedrooms : 3 Bedrooms BOH sewer Actual • Language issue. • Tenant called someone who spoke English. Did not want to let us in without owner's approval. • Advised me that someone is sleeping in basement—temporarily and moving next week. • Apparent that there are egress issues here for basement. UPDATE - 15 Wellseley Circle • Received call 5/4/07 and made appointment to view property at 3:30 PM. Will return with BI JL. • Advised BOH of appointment. ADDRESS: 7 Lexington Drive, Hyannis Zoning:RB-WP Unrelated lodgers Owner of Record: James Tobin Contact Number of Bedrooms 3 Bedrooms BOH sewer Actual 4 • Found there to be 4 cars scattered between drive way and lawn. • English speaking residents invited us in. • Arrived at dinner time. • Found man at table drinking Bud and woman eating meatloaf out a brownie pan. • All zoning team members declined an invitation to partake. • Found there to be an unregistered family apartment. • Advised that"Bill" owns home and lives in attached apartment with girlfriend. • Girlfriend is in hospital-sick with cancer. • Ex-wife resides in main house with young adult son. • Son had a friend over for a cook—out on rear patio. • Found basement—no working light in stairwell. • Stairs very spongy—no railing. • Basement had two bedrooms no windows, bulkhead exit. • Bill was very inebriated and became agitated when over-crowding issue was identified as a concern. • Ex-wife also appeared to have substance-abuse issues. Zoning Team Field Report Date: Thursday,May 3, 2007 Locations: 5 Alicia Road, Hyannis 108 Walnut Street, Hyannis 85 Spruce Street,Hyannis 196 Craigville Beach Road, Hyannis 55 Straightway,Hyannis 229 Sudbury Lane, Hyannis 15 Wellesley Circle, Hyannis 7 Lexington Drive,Hyannis Inspectors: Don Desmarais, Health, Paul Roma. Building & Robin Giangregorio, Zoning Fire Dept: No Representative Police: Officer Kevin Donnelly ADDRESS: 5 Alicia Road, Hyannis Zoning: RB-AP Unrelated lodgers Owner of Record: Liberma Pinheiro 5-28-45 017706323 _ Contact 508-360-5345 Number of Bedrooms 3 Bedrooms BOH 3 Bedrooms Actual 6 &Beauty Salon w/2 chairs ` • No response on initial attempt at 5 PM. • Returned at 7:45 PM • Found one Portuguese speaking male adult, Jaimi Q De Souza • Officer Donnelly confiscated counterfeit international driver's license. A church representative stopped by to transport another occupant to services. • Subsequently accessed dwelling thru side door to 2-chair beauty salon. • Found 3 locked bedrooms on 1 st floor and a locked room in salon(likely supply room). • Found 3 bedrooms in basement—individual locks..No egress. • Door to bulkhead stairs secured with wooden bar. • Left exit order&business cards on salon chair. • Upon departure, Geraldo (formerly a temp custodian in S&G) stopped by. • He stated he does not know where Lena resides but will call her and advised her to contact us. f 1 .f UPDATE - 5 Alicia Road • Lena came in at I I AM on 5/4/07. She informed me that the salon has been removed. • I advised her that a permit is required- also in part to document compliance. She left with a building permit application for this work and the elimination of the 3 bedrooms in the basement. • Confirmed salon is removed. UPDATE • 5/25/07 Geraldo came in. Work on basement to be finished by 6/8/07. ADDRESS: 108 Walnut Street,Hyannis Zoning : RB-GP Unrelated lodgers Owner of Record: Mirian Oliveira Contact Sandra Lucia De Oliveira Number of Bedrooms : 3 Bedrooms BOH sewer Actual 3 • Found three cars on site—2 on front lawn near front door. • Owner lives here with adult son& one friend. • Found only 3 bedrooms occupied/set up as bedrooms. • Son is in a band and has music room downstairs. • Owner stated that son's band mates come here to practice. • Advised owner to restrict parking to edge of lawn so others will not complain. • One car currently on lawn belongs to former owner and will be relocated soon. • No other issues at his site. ADDRESS: 85 Spruce Street, Hyannis Zoning : RB-WP Unrelated lodgers Owner of Record: Gilberto DosAnjos Contact Number of Bedrooms: 3 Bedrooms BOH sewer Actual DATE: 8/1/07 TO: Building File FROM: RCG RE: 196 Craigville Beach Road,Hyannis This property was subject of an evening inspection as a result of an overcrowding complaint. Dwelling is a split level. Property owners may apply for family apartment but BOH was unable to confirm septic capacity. DD (BOH) determined original approval was for total of 5 bedrooms - 3 on first floor and two down. DD advised Ricardo De Olivera(Portuguese translator) in my presence to: • Have a perc test done • Hire a professional engineer to design replacement 5 bedroom septic system • Submit plans to BOH for approval • Apply for family apartment r Message Page 1 of 1 Giangregorio, Robin From: Giangregorio, Robin Sent: Tuesday, July 31, 2007 9:35 AM To: Desmarais, Donald Subject: 196 Craigville Beach Road Hope you're feeling better, Donnie. I need to talk to you about 196 Craigville Beach Road. What's the verdict here with regards to the final septic capacity. Once that is settled we can have him apply for a building permit and do what is necessary for the family apartment. Please advise. Thanks. zonji--I Erlforct.'Ivenl Offyc r lb;-n of Barnstable `00 ,Ifa.i n 54 r.rec r, Hyannis, .-fLt 02601 08 862 .027 7/31/2007 --7- &r a -7 ' WI k SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C f SYSTEM INFORMATION (continued) C-r ,- : v� �� l7 C-4 �c) Property Address: / �v y owner. L Date of lnspedion: SKETCH OF SEWAGE DISPOSAL SYSTEM: Indude ties to at least two perrnanent references landmarks or benchmarks locate all wells within 100' �Gt-L 3 - Pre- DEPTH TO GROUNDWATER adjusted high groundwater level feet Depth to groundwater: G— method of determination or approximation: 9 tl' F °FVE r Town of Barnstable Regulatory Services 9 xMASS. Thomas F. Geiler, Director �ArEc Mpg per. Building Division Thomas Perry, CBO . Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 Building Department Checklist Date: _ - 7 �tL.o4 I G-V I LL Location: Year built: Zoning district: ceiling height (7' basement; 7'3" house) after 1973 only sleeping room (70-sq. ft.) smokes PE'b - 6 a If'r w 012tc egress 140 carbon monoxide detectors # sleeping rooms_ 45 v P Da wN # sleeping rooms allowed septic or town sewer c 4 S� Pa-o e - #kitchens _- - 1 U -P 16 N ? apartment exit order yE S car count and license plate# fire separation if needed mechanicals: make up air proper work clearances other 5 6 PR0 -oS building permit needed `to P'E L4 ® V 1✓ fc I Tc f&74 a- electrical permit needed KE 5-m(zE- T-q S 1 K CrL plumbing permit needed I L-1 I Town of Barnstable y Regulatory Services 9B"R'''A"B`E' MASS. Thomas F. Geiler,Director o. ��lED MA'S p`e Building Division Thomas Perry, CBO,Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 EXIT ORDER DATE: 7 LOCATION: Under the provisions of 780 CMR, the State Building Code, Section 3400.5.1, you are hereby ordered to immediately discontinue the use of the cellar/basement area for sleeping purposes. LOCAL INSPECTOR SIGNATURE OF RECIPIENT f '� •'fib�. � � � � �� _t=. � �� r�; ` �-` +� � �.� ev a u 1 t .wr Of �h It k VI 3 a A tt € ii w` IV 196 Craigville Bch. Rd., Hyannis 5/4/07 o P 5TA i iZ5 r u I 4 z 4 • • / f 1' r . , 1_ �x� 4 b t 8 ;, rva .Y s 4 s� , 196.Cr.:aigville Bch. Rd., Hyannis � cESS 6. e_ 5/4/07� -s>s �K`.� _ f� i%� Yf , r. ##d R KC� �" �y P�"�.., �•33 `� .'¢, ?''Y"C Cu-Y' '' P'i- 41 qn� # i ss fl' 44 PS i 4 : qq £ r � t eilli�. f� rTe�N rat ��S��Mc�f'f'j' 0 1 f i { Ei i : t: r- a ' BI-; 22985 P:9237 -:32792 e 6-17-2 08 a 01 n019_:� . Town of Barnstable ' Regulatory Services fIAmsrABtE Thomas F. Geiler,Director MASS. l ��prE1639. g Building Division Tom.Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 AGREEMENT FOR FAMILY APARTMENT I(We), the undersigned, being the owner(s) of property situated at 196 CRAIGVILLE BEACH ROAD, HYANNIS, MA, holding title under a deed recorded with the Barnstable County Registry of Deeds or Barnstable County District Registry of the Land Court in Book i 5 Sr 3 Page O(o or as Document No. being shown on Assessors' Map 267 as Parcel 143, hereby agree, certify, warrant and represent to the Town of Barnstable that the accessory attached apartment,which contains living quarters, is intended for use as a family apartment,for year-round.occupancy. The intended and .authorized use is for RAFAEL RIBEIRO, COUSIN OF OWNER, RAU'L SOUTO/GILBER SOUTO,associated with the residential use on the same premises. This unit shall be used for a "Family Apartment" (as defined in Zoning Ordinances) which would require compliance with the Family Apartment Rules and Regulations. This unit shall not be rented as an apartment or as a single room, or in any fashion, which rental would be a violation of the Town of Barnstable's rules, regulations, and zoning ordinances. Prior to occupancy of this unit, affidavits reciting the names of occupants are to be "'recorded with the building department. This agreement shall be updated whenever a change occurs or every calendar year. This Agreement shall be duly recorded or filed at the Barnstable. County Registry of Deeds/Land Court for the purpose of alerting future owners of the property of this binding Agreement concerning the use of the property as herein stated. The consideration for this Agreement is the issuance of a building permit and/or certificate of occupancy by the Town of Barnstable Building Department. WITNESS our hands and seals this day of TOWN OF BARNSTABLE OWNER( By: of in ommissioner, THE COMMONWEALTH OF MAS CHUSETT BARNSTABLE COUNTY, SS Date1i1`Zoos Then personally appeared the above-named (owner), �� - � nj and made oath as to the truth.of the foregoing instrume e e me No lic My Commission Expires: '1� !0 SABRINA LOCICERO Notary Public COMMONWEALTH OF MASSACHUSETTS CraigvilleBeachRd 196 My Commission Expires July 07.2011 r tx 7 a Message Page 1 of 1 Traczyk, Art From: Giangregorio, Robin Sent: Tuesday, March 11, 2008 2:42 PM To: Traczyk, Art Subject: 196 Craigville Beach Road Q I Art, J I was out at 196 Craigville Beach Road this morning with Paul Roma, We measured the apartment and subsequently Paul determined the unit to be 829 sq ft. The following should be noted for consideration by the Board: The septic capacity is identified as a 5 bedroom system installed in Dec. 2007 and therefore the number of bedrooms on site should be absolutely confirmed with the applicant. I have been informed that the first floor has 3 bedrooms and that is my memory from a prior visit. I noted three bedrooms on the lower level in accordance with Title 5 definitions. Although, one room was currently set up as a playroom, it still meets the Title 5 criteria for a bedroom including size, privacy and a closet. Some minor improvements are required inside including but not necessarily limited to installing all switch cover plates, a hand railing for the interior stairway and a CO detector. A more complete punch list may be provided at the time the applicant applies for a building permit. The biggest hurdle here is the installation of a proper egress window in all of the lower level bedrooms. These windows must have a clear glass opening of 20"X 24" and cannot be installed more than 44" off the ground level. Again, this information will be provided at the time of permitting. The Board should confirm the total number of residents including children (and ages), number adults over 21, names of all, relationship to owner and where each party shall reside (primary or apartment). The floor plan should be labeled with the names of the residents for the record. The Board should also determine the number of residents eligible to drive and the number of cars. Investigation of zoning complaints resulting in enforcement action should be referred to the Board for review. I will provide you with copies of pictures taken this morning. Thanks for your help! �glrin ( l 3/11/2008 196 C mUa§e Bch. R±, Hyannis 3/44m8 . E2\ d` 2?Ly:�SkE \ 12/ \§§ . . , sv 1sc«giikn�,%sA &1,o� e \ § , w. < !j � ( E � - I l9r,Apm'g-ll'p.Remeh-RI-eemt. y \ \ ,m Craigville er Rd,,Hyannis &v/ ao 196 H n $t1eo . ya< �ƒ \ «©y ®« . : e _ cr y,/ , n U, H annis 196 Graigville Beach Rd Hyannis 3/11/08 1'•-� -. ate�,�,ti"; 4 � r... U, Hyannis 196 Crai vilie Beach Rd., annis 3/11/08 frt i i' 1: d: 1. 'F { {j f• I -� TA: u4 Y 196 Craigville Beach Rd.,Hyannis 3/11/08 196 Craigville Bch. Rd. Hy 3/11/08 196 Craigville Beach Rd., Hyannis 3/11108 196 Craigville Beach Rd., Hyannis 3 11/08 ^R! :ry 196 Craigville Beach Rd., Hyannis 3/11/08 196 Craigville Beach Rd., Hyannis 3111/08 196 Craigville Beach Rd., Hyannis 3111/08 196 Craigville Beach Rd., Hyannis 3111/08 t;L r 196 Craigville Beach Rd., Hyannis 3/11/08 196 Craigville Beach Rd., Hyannis 3/11/08 196 Craigville Beach Rd., Hyannis 3/11/08 = N LEGEND co 0 0 x 98.07 EXISTING CONTOUR o m ---7 04 EXISTING CONTOUR o a5�9or N oaa TEST PIT 4 a B�Sh La 3 `c V ") x 117.77 W EXISTING WATER SERVICE ' �c = N PROPOSED 2000 GALLON � -. � 2 COMPARTMENT EXISTING GAS SERVICE 0- m SEPTIC TANK x 118,26 \; Croigville Beach Rd OVERHEAD WIRES LOCUS J' �ckoo,� EXISTING CESSPOOLS O.H. W Lot 22 > o O. - - E TO BE REMOVED - BENCHMARK Benchmark set , r'� 70,094t S.F. ��`b ^TP-1 00� (SEE NOTE 11) LOCUS MAP N.T.S. TP- Top con c. ' re t. wall �� Map 26 7 O ,�. 117.82 El.=118.48 (Assumed) t Parcel 14.E O c�F 117,60 ^1 I l yam-`_ VENT llc`'"I. ox�_j 18.24 - r., R� �: i 4' GENERAL -'NOTES: y 1SF�•` j�� r •� ,aw. _�• `=t`' /b•,_.<� • / 1. ALL CHANGES TO THIS PLAN MUST BE APPROVED.BY THE LOCAL T '' fi M `��`� `� (x`� i� 0 117.00 BOARD OF HEALTH AND THE DESIGN ENGINEER. Co • 3? 1. `x i ra 2- ALL WORK AND MATERIALS SHALL CONFORM TO THE REQUIREMENTS ;'; ,°� ' ..h 3� ��`y ^ �' OF THE STATE ENVIRONMENTAL CODE, TITLE V, AND ANY APPLICABLE t3F ' LOCAL RULES AND REGULATIONS EXCEPT AS REQUESTED BELOW: 117,8 '� °" HOUSE 196 >c 117,85 oa 310 CMR 15.405(1)(b) CONTENTS OF LOCAL.UPGRADE APPROVAL ` (i' yry TOF=118.33. C, 1) A 2' variance to maximum cover req,rernent over S.A.S., for 'Walk-out Floor' .-' ..- �f 1 7 80 �0 5' of cover. S.A.S. shall have H-20 units and be vented. i E1.=114.82' -' �. _ 2) A 2' vorionoe to maximum cover regirement over Septic Tonk, �M'�ryry,. .(Assumed);' 116,81 for 5' of cover. Septic Tank shall have H-20 rating. 117,64 �� . 1, O 3. THE SEWAGE DISPOSAL SYSTEM SHALL NOT BE BACKFILLED PRIOR Paved O ^j TO INSPECTION AND APPROVAL BY THE BOARD OF HEALTH AND THE ' f Drive 00 DESIGN ENGINEER. '�`' 4. ANY CONDITIONS ENCOUNTERED DURING CONSTRUCTION DIFFERING X FROM THOSE SHOWN HEREON SHALL BE REPORTED TO THE DESIGN 117,66 x :F 17.45 ENGINEER BEFORE CONSTRUCTION CONTINUES. f 'gyp` 117.03 5. ALL ELEVATIONS BASED ON ASSUMED DATUM. 116.66 ed U 6. THE DESIGN ENGINEER IS NOT RESPONSIBLE FOR THE FAILURE OF 116.48 iiL� • THE! CONTRACTOR OR OWNER TO NOTIFY THE LOCAL BOARD OF /116.33 / S�a��i s� 116.81 HEALTH FOR PROPER INSPECTIONS DURING CONSTRUCTION. 7. WATER SUPPLY PROVIDED BY TOWN WATER. 116:19 ai4 �0.00' 8. THERE ARE NO, PRIVATE WELLS LOCATED WITHIN 150' OF THE S.A.S. e. N E'j• /j�� 9. ALL AREAS .DISTURBED DURING CONSTRUCTION SHALL BE RESTORED of loot" `��' 116,10 TO A CONDITION AGREED UPON BETWEEN OWNER AND CONTRACTOR. jb S8 /y. /SE 17 T 10_ IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY ,- f 0? - - THE LOCATION OF ALL UNDERGROUND UTILITIES, PRIOR TO BEGINNING CONSTRUCTION. 0-116.24 i 115.67 x 115, 11. WHERE REQUIRED, CONTRACTOR SHALL REMOVE ALL UNSUITABLE SOILS UP/24/16 �/ 916 IN THE AREA BENEATH AND FOR 5 FT. ON ALL SIDES OF THE S.A.S. 115.5 AND REPLACE WITH CLEAN FILL AS SPECIFIED IN 310 CMR 255(3). M 115. � OF . 43 /Q oa PETER T. yG�McENTEE PROPOSED SEPTIC SYSTEM UPGRADE Cj5/ o aviL 196 CRAIGVILLE BEACH ROAD, HYANNIS, MA No. 35109 O � R�CrSZE��o��Q Prepared for: Gilber Souto, 196 Croigville Beach Rd., Hyannis, MA 02601 Engineering by: Surveying by; SCALE DRAWN 235 N 07 Engineering Works WARNER SURVEYING 1"=20T. 12 West Crossfield Road 22 Long Rood Forestdole, MA 02644 Harwich, MA 02645 DATE CHECKED SHEET NO. U� l (508).477-5313 (508) 432-8309 1113107 P.T.M. 1 of 2 A