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0092 HARBOR ROAD
,` i� PROJECT. NAME. -�.�C.. ADDRESS: PERMIT#. a� l' n60 PERMIT DATE: �- LARGE. ROLLED. PLANS ARE IN: s' SLOT Data-entered in MAPS program on: =�► o y 3 BY. ©<<.. s-3 -.► 3 PF Town of Barnstable Permit Expires 6 months from rssu dat, Regulatory Services Fee • i�ARNSrABr.Fw .. MAS& $ Thomas F.Geiler,Director 1659. ♦� Building Division Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma us Office: 508-862-403 8 Fax:-508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY VaUd without Red X-Press Imprint Map/parcel Number (J Property ddiess � .30 • (k n� � S . ©'Residential Value of Work Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address-7/�� ,% o U /t-) 0 C k__,O�q s Contractor's Name ��� 66A C7 Telephone Number Home Improvement Contractor License#(if,applicable) Construction Supervisor's License#(if applicable) P R E C C ®� �'A' ❑Workman's Compensation Insurance M Check one: MAY 01 2013 ❑ I am le proprietor ❑ I the Homeowner have Worker's Compensation Insurance TOWN OF BARNSTABLE Insurance Company Name Workman's Comp.Policy# Copy of Insurance ComplianceCertificate must accompany each permit. Permit Request(check box) ❑ Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to ❑Re-roof(-hurricane nailed)(not stripping. Going over existing layers of roof) e-side #of doors maximum.35 #of windows ❑ Replacement Windows/doors/sliders.U-Value ( ) - ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. Separate Electrical&Fire Permits required. *where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License&Construction Supervisors.License is req SIGNATURE: i The Cotmmommalth a,f assachuseft Department of lndusjoial Accidenft DYW-a, investigations 600 Washhgton Street Boston,Md#2111 . rtm*w xrrass.govldia Worlrem' Compensation Iusnrance Affidavit" Bugders/Con ractorvUectric aanslPhtmbers A ppWant Information Please Print Leafy Nance(Busita �(?tga�tinnb&vid©al): Address: ��J //� e) J CityfS gip: , v1 e�V "� Phone# — �7 � Q Are yo employer?Check the appr/upriate box: T of . . ect F �. I am a contractor atui I J'Pe Imo] (required): 1. I am a employer with ❑ l (- ❑New oamsh�cfitm employees(full an&ar part-#i me).* have hired the sub-contractors i❑ I am a sole proprietai or partner- listed an the attached sheet, 7. ❑Remodeling ship and have no employees fie sub-contractors have $- ❑Demolition 1 and have workers' ;+!4 for me in any capacity. employees g. ❑Building addition IN-o wpkers'comp_insurance comp.mcnrance required] 5. ❑ We are a corporation and its l D.❑Electrical repairs or a�litiaus 3.❑ I am a homeowner doing all wo& affect shave exercised 11-❑Plumbing repairs or addi#itms of per mys�€ [Na worinvrs'cc'�_ right exentgtim P 12_0 Roof regairs insurance required.]T c-152, §1(4),and we have no em*yees-[No workers' 13.❑Other comp.iusuranm required.] 'Aug'Wp&=abut checim box#1 amst also tin aw tine seclion below showing their waakes'am pemts a wn policy infoumadam- Y llomeow�who submit this t€fidavd indiccating they aae•dmg Owed end ilea hum outside cams us>nnsI submit anew affidavit mebratitag such IContmcmrs'that rhea this boa must attached 2n xildifinsa sheet showing the name of the sub-anizaam and stale wbelher or not-ftse entities have employees. Iftbe sub-canisaanis kwe employees,theyanmstPmvide they warkere gyp.policy number. I am an emplyer that isproviding workers't;oa perzra ion insurance far my employ Eda"is the pedzya and jab site i><lfa�rarrctr�ta. { Insurance Company Name:_ 1<? �e 1104 --- 01 Policy#of.self-ins- o_ — ' Expiration Date: UACI Job Site Adcl�.s:� �s� � CitytStafa�T.rp:J� �'/�///o Attach a cgpy of the workers'compensation policy declaration page(showing the policy munber and expiration slate). Failure to secure cove nge as required under Section 25A of MOL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500-00 anVor one-year imprisonment,as well as civil penalties in lie fbm of a STOP WORK ORDER and a fine of ups to$250-00 a day against the violator. Be whised that a copy of this statement may be forwarded to the Office of Imestigatiiuis oftie D1A for mace ctnmrage vez aa. ' I do hereby certo� under tine pains andpw-nai ks rrf ury float the it ormadon prmided a7avve rs hw:e end correct 5i ahrre' Date: Phone#- © cial use only. Do not tease in this antra,to be camg;We+d by city or tmvtu ajg7citat . UtycrTown:, PermitUcense# llssuing Authority(circle one): _ 1..Board of$•ealth Z.Building Department 3.Clqfrawn Clerk Electrical F:nspeibtor 5.Phsbrbing Inspector her.' 'Plump tl` - N MASSACHUSETTS ASSIGNED RISK POOL REQUEST FOR CERTIFICATE OF INSURANCE Use this form to request a Certificate of Insurance from an assigned Risk Pool Carrier. Please provide all of the requested information, including the Facsimile number(s) of the person or persons to whom the Certificate of Insurance should be issued. If this form is fully and accurately completed, the Certificate of Insurance will be issued and distributed by facsimile to each fax number provided below, within two (2) business days of the carrier's receipt. This Form may be mailed or faxed to the Assigned Risk Pool Carrier. To obtain each carrier's contact information refer to the Certificate of Insurance section located in the.Producer Community section of the Bureau's website, (www.wcribma.org). 1. Name, address,telephone number and facsimile number of.the INSURED: Name: Creswell Construction Co. Inc. Mailing Address: 195 Pine Street Centerville, MA 02632 Physical Address: Phone: Fax: 508-778-2926 2. Name,Address,Telephone number and facsimile number of the Certificate Holder: Name: Town of Barnstable, Building Division Mailing Address: 200 Main St., Hyannis MA 02601 Physical Address: Phone: Fax: 508-790-6230 3. Name,Address,Contact Person, Telephone number and facsimile number of the PRODUCER: Name: Kerry Insurance Agency Mailing Address: P.O. Box 1945 North Eastham, MA 02651 Contact Person: Scott Kerry Phone' 508-255-8000 Fax: 508-240-1860 4. Policy Number, Policy Effective Date and Policy Expiration Date If a Certificate of Insurance is needed for more than one policy term, provide the Policy Number, Effective Date and Expiration Date for each policy term. If the policy has not yet been issued, you must attach a copy of the Notice of Assignment. Policy Number: WC 31S342421-023 Effective Date: 04/19/13 Expiration Date: 04/19/14 5. List any special requests for optional coverages/endorsements (see Page 2 for listing of coverages available in the pool and the conditions of availability) or additional information (including changes in exposure not yet reported to the carrier)that will assist the carrier in the issuance of the Certificate of Insurance. NOTE: An additional insured(s) shall not be listed on any Certificate of Insurance unless such additional insured(s) is a named insured on the policy. f I I v.rK Ittr C4i €1E It a't11 crtl cif Public�.f1'c•tt 43t xrtl rl'lCuiltlis� Rf wtJatiwir rrrc4 tifafrtl:3rti, a . CS �;�f¢�zta;t�It'�9a Cuprrtfi.�r�r�Lio�n�o _ 76536 STEPHEN W CRESWELL 195 PINE STREET CENTERVILLE, MA 02632 8127/2013 i r% 20265 t=anzra�y,tua•r �, mar { 1 y 1?.C? "t 1'TU11C 111•LC166111 tf!' Office ot.Consumer Affairs and Business Regulation 1,0 Park Plaza.'- Suite 5170 „ Boston, Massachusetts 02116 Hblxie Improvement Coiatl actor Kegisti afi,on_ Registration; 160fi27 M t Types Individual Expiration: 8/8/2014 Trft 227491 STEPHEW W. CRESWELL K. STEPHEN CRESWELL 105 PlNE,ST CENTERVILLE, MA 02632 tipctate Address and return card..N4ark reason for change. i ,address -a Renewall mploynient ( Lost Card .ti.Office of Consumer Affairs&,Busin.ssRegul7hoh. License or registration valid for i,ndivitlul use only "7 DOME IMPROVEMENT CONTRACTOR, before the expiration date. IC found return to: = , ;egistration' 100627 Type: office of Consumer Affairs and Business Regulation g 10 Part Plaza-Suite 51.70Expiration 8/812014 individual r Boston,h1A 021,1.E - STEPHENW.CRESWELL STEPHEN CRESVVELL tM 195 PItvE"ST CENTERVILLE,MA 02632 ' l3ndt rsecrcu Not valid without signature. __ ,_.__ ._ ._._. ._.._..,-..-. ...._. .. .., .,_.,. ... ._.._., _W- -- ---- — ...... _ _........___ . ... .. ._ ...._........ Creswell CONSTRUCTION INC. Roofing& Siding Specialists PO Box 692 West Hyannis Port,MA 02672 508-778-2495 1-888-766-3043 Member of the Better Business Bureau—Insured—Licensed—Free Estimate C�x�60�aG Elias Poutoucheas February 8,20013 92 Harbor Rd. 508-243-1997 Hyannis Ma. 02601 DESCRIPTION Furnish and install the following, labor and materials to re-roof building at , 92 harbor Rd. Hyannis Ma. as follows: 1. Remove existing Vinly and Red cedar clapboard. 2. Install pre- dip 2 coates white cedar shingles. Grade B. $14,400.00 3. Remove existing rakes. 4. Install lx8 rakes lx2 second members pvc. $960.00 5. Remove existing corner boards. 6. . Install 1x4 lx5 5/4 pvc corner boards. $1,800.00 7. Remove existing facia and sofate board. 8. Install facia sofate and bed moulding pvc. $2,200.00 9. Remove and install 1/8 freeze boards. $1,200.00 Note: Price is for grade A pr- dip white cedar shingles. -Dump fees for removal are included in this quote. TWENTY THOUSAND FIVE HUNDRED AND SIXTY: $20,560.00 All materials are guaranteed by manufacturer.All work to be completed in a substantial workmanlike manner according to specifications submitted,per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon verbal request and will become an extra charge over and above the estimate. All agreements contingent upon weather,accidents,or delays beyond our control. Owners to carry fire, tornado, and other necessary insurance. This proposal maybe withdrawn if not accepted within 30 days. ACCEPTANCE OF PROPOSAL---- The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be de as o d above. G�� �✓ Signature �2"� �, Signature Date 'r5/2/2013 8:18:14 AM PST (GMT-8) FROM: 100005-TO: 15087906230 Page: 2 of 2 Aeo0, CERTIFICATE OF LIABILITY INSURANCE 5/2/2013 DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER KERRY INSURANCE AGENCY INC CONTACT NAME: - EASTHAM COMMON RTE 6 PHONE A/c No. t: FAX A/c No): NORTH EASTHAM, MA 02651 - E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC N INSURER A: INSURED INSURER B: CRESWELL CONSTRUCTION CO INC 195 PINE STREET INSURERC: CENTERVILLE MA 02632 INSURERD: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 16214737 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD. POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE 7OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL GATE $� d GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCT MP/OP AGG IT Ln POLICY PRO- LOC a-e �_�.FAUTOMOBILE LIABILITY OMBIN�D'„_ LE LIMIT -..,t•t a acci en ANY AUTO BODILY 10641 (Per person) $) ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURI (Per acddent). NON-OWNED PROPERTY DA AGE HIRED AUTOS AUTOS Per acddent) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ $ $ A WORKERS COMPENSATION WC2.-31 S-342421-023 4/19/2013 4/19/2014 WC sTATu•AND - AND EMPLOYERS'LIABILITY Y/N J I TORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500000 OFFICERIMEMBER EXCLUDED? F_N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 1-1,Additional Remarks Schedule,If more space is required) Workers compensation insurance coverage applies only to the workers compensation laws of the state of MA. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TOWN OF BARNSTABLE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN BUILDING DIVISION ACCORDANCE WITH THE POLICY PROVISIONS. 200 MAIN ST HYANNIS MA 02601 AUTHORIZED REPRESENTATIVE (' Jeff Eldridge ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD W37 NO.: 16z 1A737 CLIENT CQDE: 1364037 Deb Derochem nt 5/21Z013 8.17:,21 AM Page 1 of 1 1s certi icate cancels and supersedes AL� .previous y issued certi icates. i r { >4 r� S`���* a �.. � • i �[• <� � ` to���F ,� �� N • I ZI N k+^ 171 lab NAIAr ��,.� ;�� � ,>•� ��' a �,J -_� f rt �y i 'ti7 ate' •�`; 9Z Harbor- Point Rd, Bw+mt e-- G'Kp t5 7/10/12 � .-5 su�� - — _ Doyle &Thomas _ + Construction, lnc. ui ' Doyle&Thomas i� —ooytea;o;n m sronsouctbn.com ` 11r � s t w s,h w. 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I iii s `A' F 5�• .� s clo �-r 1 CD i _ W c� C fn tam"u ", .3r,� , •,-.n.., ,., ,_ 1 .'9 .� ., r-�� , ,� ,, ki If C ., MI, i 11. fill u � _ 717 W ; -� - - -y � � llhlllilllilillll � 3 cr i O 4-1 r . � T � v r + `.♦ `' j.�� � .�3r� 4 ,r+pgfk+;•'§,t'p�'si�rfi� +F � r f " _ . +h�7,s•.J`+j'+'�';�ti{�'.�4 d„��J���t��"�'y'J.k��.�Yk.:x� h.: 7lYa.rrti �b�sY��tkr•-�Y�'' �iq�Y'v�r�r� ; a-c �5,•�` y..r �. f".x.1C'hf✓X"'4;r:, r t 4.F') t sh 1 t { aY� -3"ris{S isa },�. ��t ri�)Xt k .. Sr.fp• 1 Its° 4,/�t,{�,�S�h4(%..7 y-9 '� .�+.� 3 q ['r 'rU'•xr ry r (�s: �,Pr sh-SAS,x x �7��d'+a. W. �S r spre+o?LFP a Z.�„:'1 k,,t i .� S•'r.�9t i),±.J a r Jai q��}£R,�� ,•� if���7 r � �. , J $ dy x y7' VS * x 4 4f �k+ '�A d „ � .kt t t� i 3 4 k a� 'y c ' r 2:" � t r d' WE Town of Barnstable *Permit# Expires 6 months from issue date Regulatory Services Fee c�. r + BAPJWABLX� • F - �� 1630. Thomas F. Geiler,Director" e Building Division rC Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma..us 00ce: 508-862-4038 4 Tax:508-790-6230 EXPRESS PERMIT APPLICATION >— RESIDENTIAL ONLY �/ 7 3 Not Valid without Red X-Press Imprint. Map/parcel Number �' e `�� Property,Address Z /—�,rr� '�j,<i,.>:� S esidential Value of Work D' cr Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address d Ucp S�•�-- .dam Contractor's Name Telephone Number ( 32$ ASS Home Improvement Contractor License#(if applicable)' Construction Supervisor's License#(if applicable) 'PERM ❑Workman's Compensation Insurance Check one: 9 2�12 ❑ I am a sole proprietor ❑ Lzj�the Homeowner I have Worker's Compensation Insurance F B.Aa�sTABUF Insurance Company Name �004 O , Workman's Comp.Policy 3 9Q .Copy of Insurance Compliance Certificate must accompany each permit. Permit Requ t(check box) ¢c-�i���-v�,3r�— [C Re-roof(h g old shingles) All construction debris will be taken to CA( Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof). r' Re-side y # #.of doors 0 Replacement Windows/doors/sliders.U-Value (maximum.35)#of windows ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. . Separate Electrical&Fire Permits required. *Where required: Issuance of this permit does not exempt compliance with other town departinentregulations,i.e.Historic;Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy he Hom provement Contractors License&'Construction Supervisors License is I SIGNATURE: QAWPFILES\FORMSIbuilding permit formslE32RESS.doc Revised 053012 The Commonwealth of Massachusetts ' Department of Industrial Accidents Office of Investigations 1 600 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): Address: City/State/Zip: .4 O . ^ Phone#: Are __,,yoou�u an employer?Check the appropriate box: Type of project(required): 1.V'I am a employer with 4. I am a general contractor and I 6. * have hired the sub-contractors ❑New construction employees(full and/or part-time). � - 2.❑ I am a sole proprietor or partner- listed on the attached sheet.. 7. 0 Remodeling ship and have no employees These sub-contractors have .g, 0 Demolition working for me in any capacity. employees and have workers' [No workers' comp.insurance comp.insurance. $ 9. � Building addition required.] 5. ❑.We are a corporation and its 10.0 Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself. [No workers' comp. i right of exemption per MGL 12.❑ Roof repairs insurance required.] t c. 152, §1(4),and we have no employees. [No workers' 13.0 Other comp.insurance required.] *Any applicant that checks 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. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy dnd job site information. t / , . Insurance Company Name: Fee",114 (rc ,// Policy#or Self-ins.Lic.#: , &w .Jbyo Expiration Date: lel Job Site Address: Yl oZ ,�>�' j L-1(' 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 coverageverification. I do hereby certify under the.pains and penalties of perjury that the information provided above is true and correct. Signature: Date Phone#: Official use only. Do not write in this area,to be completed by city or town official City or Town: I 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#: i VCOIS,iCE-RTIFICATE DATE(MMIDVNYYY) ax CERTIFICATE OF LIABILITY INSURANCE 07/09/2012 IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR'ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poliCy(ies)must be endorsed. If SUEIROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A Statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER - . . ME CT Lisa Kerns - - Mark Sylvia Insurance Agency,LLC PHONE ,(508)428-0440 FAX Na): 404 Main Street MAIL - Centerville,MA 02632 IN9URER(5)AFFORDING COVERAGE NAIL(1 INSURER A:Farm Family Casualty Insurance INSURED INSURER 9: Doyle& Thomas Construction,Inc. INSURER C: PO Box 168 Centerville,MA 02632-0168 INSURER D I INSURER E: RERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ' INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADULISUHR POLICY E F POLICY EXP ILTRR TYPE OF INSURANCE POLICY NUMDRR MMIDDlYYYY D Y LIMITS A GENERAL LIABILITY 2001X04� 7/21/2012 7/2 12013 EACH OCCURRENCEDAMAGF=TO 1 000 000 X RENTED COMMERCIAL GENERAL LIABILITY PREMISES ME oocur $ 50.000 CLAIM"AOE a OCCUR MED EXP(Any on?parson S 5,000 PERSONAL 9 ADV INJURY a _ GENERAL AGGREGATE ..- $ 2,000,000 GENT,AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMPIOP AGO $ 2.000 000 X POLICY PRO- LOC $ COMBINED INGLE LIMIT AUTOMOBILE LIABILITY a eccidoM)' ANY AUTO BODILY INJURY(Per person) - ' ALL OMINED SCHEDULED BODILY INJURY(Par accident) $ AUTOS AUTOS NON-0WNED PRO RTr DAMAGE S Per soCldenll. HIRED AUTOS AUTOS A UMBRELLA LIAR OCCUR - EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATEM R _ DEO RETENTION A WORKERS COMPENSATION 20DiVJ63BD 7/112012 7/1/2013 WOSTATU• 1, X _oE[QRy LIMITS TH . AND EMPLOYERS'LIABILITY YIN .ANY PROPRIETORMARTNER/6XECUTIVE N E.L.EACH ACCIDENT $ 500.00.0 OFFICER/MEMBER EXCLUDED4 Y A E.L.DISEASE-EA EMPLOYEE 9 500,000 (Mandatory In NMI If ee,deacrlba-dor 500,000 . DESCRIPTION OF OPERATIONS below. E,L,DISEASE.-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VENICLES'(Attach ADORD 101,Additional Remarks Schodula,if more space Is requlrod) Carpentry Troy A Thomas, President; Shawn Doyle, V President are not covered by the workers compensation policy, CERTIFICATE HOLDER CANCELLATION (508)790-6230 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Barnstable Building Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ACCORDANCE WITH THE POLICY PROVISIONS. 200 Main Street Hyannis,MA 02601 AUTMORIbED REPRESENTATIVE (D-1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010/05) The ACORD name and logo are registered marks of ACORD . , ftoz/£L/v0 tocslattrd'>� a �auorsstww�� . � � �°, £9zo'vi^r�'I�IIAN�.LN�� • AIBQ,h1IdH9NLLLON 66t £L6660-ISSO :asuaot spJVPUCIS glue suoiteln6a�j F3iJlp .ink}o pit. �taix s orlgnd so WaLu;jcda O- st�asnyopssevv � ��ie Uanz�na�uuP,rzlCfi a���%ltauac�uae�i ` Office of Consumer Affairs&Business Regulation License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: == ' Registration:. 145954 Type: Office of Consumer Affairs and Business Regulation — Expiration: . 3/15/2073 Private Corporation `10 Park Plaza Suite 5170 Boston,MA 02116 ' DOYLE+THOMAS CONST-INC. TROY THOMAS ' 499 NOTTINGHAM DR CENTERVILLE,MA 02632. Undersecretary Not vj&1d wi out signature f � a 56®33®163 SPECIALIZING IN ALL FORMS OF ROOFING & SIDING doyleandthomasconstruction.com P.O. BOX 168 sea. CENTERVILLE, MA 02632 ' fully Licensed & Insured Construction Supervisor Lic#99913 Doyle and Thomas Inc.Proposes,to perform the following work: Location of proposed work: Mr.&Mrs.Patoucheas 92 Harbour Lane Hyannis,MA 02601 Date on which construction should begin: June/July 2012 The homeowner hereby acknowledges and agrees that the scheduling dates are approximate and that such delays that cannot be avoided by the contractor shall not be considered as a violation of this contract. . The contractor agrees that when such delays become known to the contractor,the contractor , will advise the homeowner as soon as possible. The homeowner hereby acknowledges that in certain remodeling work,the demolition process may reveal defects in the existing structure which must be repaired,creating additional work which may need to be carried out in order to complete the work described in this contract. In such case the homeowner agrees that the duration of the work and the schedule date of completion may differ,and that such variation is not to be considered a violation of this contract. The total cost for labor and materials under this contract: $7,803.07 Proposal to remove existing deck system with railings&save everything we can. Remove upstairs bedroom.door&storm door Remove old sleeper system,old�rubber roof down to a solid sub-straight. Install RPI rubber roof membrane on a tapered ISO board system as discussed. Install pressure treated sleeper system for decking boards _ Thank You For Giving Us The Opportunity To Help You Improve Re-install decking&railing systems&doors removed as discussed In the event that while stripping the roof or siding we find rot that needs to be replaced.-the homeowner then has to agree and authorize any replacement or restoration. Then in addition to the above contract price,the homeowner agrees to compensate the contractor for any repairs or restoration at the hourly rate of$45.00 for a carpenter and$30.00 for a carpenters laborer,plus the cost of materials. -Roof to be stripped and cleaned of all old shingles,debris and rubber membrane -install of RPI rubber roof membrane on entire upper deck -5 yard dump trailer will be needed on site;and will be removed at completion of the job -Contractor will be responsible for all building permits needed at the property NOTICE REQUIRED.BY LAW With the agreement of the contract$500.00 of estimate is due. Further payments under this contract are as follows: 1/2 of the estimate due at the start;and remainder due at completion of the job. Balance of all materials and labor shall be payable in full upon completion of work described in this contract. Payment as agreed upon shall be made when due. Any payments which are delayed shall be subject to a finance charge of 1.5%permonth. The contractor warranties the work completed under this contract.for a period of one year from the date of completion. During the stated warranty.period the contractor shall be responsible for the service of the repair or adjustment,but the contractor shall not be responsible for the normal maintenance,repair due to abuse,misuse,,and or normal wear and tear,which shall.-be the responsibility of the homeowner. All warranties for the materials supplied by the contractor shall be passed directly to the homeowner. The homeowner may be required to register or mail in such warranty card or evidence of ownership in order to activate such warranties. Homeowner failure shall not create any responsibility for the contractor under the:warranty provisions;the choice of repair of replacement shall be at the discretion of the contractor. The homeowner acknowledges that the form,content,and notices contained in this contract are intended to comply with the applicable portions of the Mass.General Law Chapter 142A, and regulations promulgated there under. In the event of any instance of non-compliance,only such portion shall be invalid and the remainder of this contract shall be in full force effect. In addition,any, such portion not in compliance shall be read and interpreted so as to have its intended meaning to the maximum extent allowed under such law and regulation. Signed as a sealed instrument on this date: Date: Home wner �0.-11d'a .Contractor CBND 580' CBND 101:15' N _ �. . .. lip 9Lo .o ui z I. 1 ' N78.4�1 0 6D -3 i w ' I 4' . ' � to ol 0 0 306/173/006 _Z 10,604 sf �10.4 S83'54'05"E 2ND STORY �$ � 2.00' DECK ASBUILT DECK DOES NOT. R=10.00 \ \ 190 EXTEND. PAST EXISTING ROOF L=9.27 \ .�. LINE. EXISTING DWELLING 8"• 5ON67UBE. a SHOWN IS FOUNDATION LINE (TYP) � J 10.0' -•y-, O0 l O Ili �yTH OFF p ,o. c0 n ,r o 0 aI z dOaIATWW 9�yc � .. I � w ft 41787 40 l P�' Y lqN� ION Q REBAR S83'S4'05"E w 2.00' NOTE: Sssoo - 1. AS-BUILT SURVEY WAS COMPLETED ON S�� F 10 0 3/22/10 BY SILVA ENGINEERING ASSOCIATES,.PC. 4 co (6. AS-BUILT LOCATIONS SHOWN .ARE RELATIVE TO O Z . PROPERTY LINE PREVIOUSLY ESTABLISHED. PLAN BOOK 482, PAGE'.98. REBAR SITE: -306 173 ,006 DECK AS-BUILT 92 HARBOR=RO=AD-=� BARNSTABLE MASSACHUSETTS SILVA PREPARED FOR: 0 ENGINEERING �] ASSOCIATES, P.C. ELIAS PATOUCHEAS CIVIL ENGINEERS & ENVIRONMENTAL CONSULTANTS SCALE' DATE ACAD FILE ' FIGURE � 1615 BEDFORD STREET BRIDGEWATER. MA. 02324 - -ATr- PHONE (508) 697-3100 FAX (508) 697-3136 1" _.20' 3/23/1,0 I 0907MAB 1 r �} � ' _� � ', s 5 I J �V " i � � _ _ x f �IME, TOWN OF BARNSTABLE Buflaing . , Application Ref: 201000709 • • Permit * BARNSTASLE, Issue Date: 02/22/10 9 MASS. �ArFD �A1� Applicant: PEREIRA,ARMANDO M Permit Number: B 20100288 Proposed Use: SINGLE FAMILY HOME Expiration Date: 08/22/10 Location 92 HARBOR ROAD Zoning District RB Permit Type: DECK/PORCH RESIDENTIAL Map Parcel 306173006 Permit Fee$ 120.00 Contractor PEREIRA,ARMANDO M Village HYANNIS App Fee$ 50.00 License Num 083273 Est Construction Cost$ 10,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND REPLACE DECK OVER SUNROOM WITH PROPOSED DECK ADDITI NS THIS CARD MUST BE KEPT POSTED UNTIL FINAL AT REAR AND FRONT OF DECK,NEW STAIRS AND NEW LOWER D CKINSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: WETLAUFER, DONALD B 8L BUILDING.SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 13002 VALEWOOD DR INSPECTION HAS BEEN MADE. NAPLES, FL 34119 Application Entered by: PR Building Permit Issued By: THIS PERMIT CONVEYS NO`RIGHT,'TO OCCUPY ANYSTREET,ALLY'OR SIDEWALK�OR ANY PART THEREOF;EITHER TEMPORARILY OR:PERMANENTLY. ENCROACHEM4NE TS ON PUBLIC PROPERTY, CA,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVEDBY THE JURISDICTION: STREET-ORALLY GRADES AS'WELL AS.DEPTH.AND"LOCATION OFTUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENY OF PUBLIC WORKS. THE ISSUANCE OF.,THIS PERMIT DOES NOTRELEASE THE APPLICANT FROM THE CONDITIONS OF,ANY APPLICABLE SUBDIVISION RESTRICTIONS. .- MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT START- I D WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 t{PRE- � 1 1 ,era � -P" � 2 2 2 3 1 Heating Inspection Approvals Engineering Dept V R' Fire Dept 2 Board of Health �t OF THE 1p� owe of Barristable rrm't �7 P� O Evpires 6 tit or#i•is fray i sae dnt Regulator' Services Fee y BAB.NSrABEE, v� MASS. ,�$ Thomas F. Geller,Director AlfD AlA't A Q Building Division I Tom Perry, CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY . Not Valid withour Red. X-Press Imprint - Map/parcel Number Property Address �� �� / 462 �� oe residential Value of Work /> Mininuim fee of$2S.00-for work under$6000.00 - Owner's Name &Address [� �� r � _ �-�, Contractor's Name Telephone Number, Home Improvement Contractor License#(if applicable)J Construction Supervisor's License#(if applicable) ❑Workman''s Compensation Insurance WPRESS PERMIT Check one: ❑ I am a sole proprietor, FEB 19. 2010 Ll mthe Homeowner I have Worker's Compensation'Insurance TOWN .OF BARNSTABL Insurance Company Name �� /Z� Workman's Comp.Policy# Z_-z— �J�' / (`> / ,�i Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) Re-r of . otie3i�t��z1S� e a en to. oof(not stripping. Going over existing layers of roof) ❑ Re-side #.of doors ❑ .Replacement Windows/doors/sliders.U-Value (maximum.44)#-of windows *Where required: Issuance of this permit does not exempt compliance with other town`department regulations,i.e.Historic,Conservation,etc: ***Note: Property Owner must sign Pr caner Letter o rmission. A copy of the Nome n Contractors Li e&Construction Supervisors License is quired. SIGNATURE Q:\WPFILESWORMS\building permit for ns\EXPRESS.doC " Revised 090809 i The Commonwealth ofMassachusetis Department of Industrial Accidents Office of Investigations. I' ff 600 Washington Street Boston, IVIA 02111 Z � wwmmass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le ibl Name (Business/Organization/Individual): �e!2 ztj Address: City/State/Zip: Phone Are you an employer? Check the appropriate box: Type of project (required): I.❑ I am a employee with. 4. ❑ I am a general contractor and I ployees (full and/or part-time). * have hired the sub-contractors 6, New construction 2. I am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition workin for me in an capacity. employees and have workers' g Y P y• 9. ❑ Building addition [No workers'_comp. insurance comp. insurance.$ required.] 5. ❑ We are a corporation and its 10.0 Electrical repairs or addition 3.❑ 1 am a homeowner doing all work officers have exercised their 11.❑ Plumbing repairs or addition myself. [No workers' comp. right of exemption per MGL, 12.❑Roof repairs insurance required.) t c. 152,§1(4), and we have no 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. 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. Cf the sub-contractors have employces,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: elk/ ell 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 fin 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 ce under the pain n penalt' f perjcrry that information provided above is tA e and correct. Si nature: Date: � Phone# 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/Torun Clerk 4. Electrical Inspector S. Plumbing Inspector 6. Other Contact Person: Phone#: 4il� • r 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 inclu ding.the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership,association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer.' MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally, MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-contractor(s)name(s), address(es)and phone number(s)along with their certificate(s) of insurance. Limited Liability Companies (LLC)or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage.' Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the pen-nit 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 permiUlicense number which will be used as a.reference number. In addition, an applicant that must submit multiple permiUlicense applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address" the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each. year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to-burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE Fax # 617-727-7749 Revised 4-24-07 www.mass.gov/dia } , 1 Bo r 0. HOME IMPROVEMENT CONTRACTOR RegistraE 136402 0 j.j E iV ►eri\71312010 T e n ividual p � . 5 ARMANDO M.PER ARMANDO PER1 J1 2 HOLLY TREE 1� M� 6; Admmistratol WEST WAREHAM, -- I { _ ��el � ' oard ot'�Buildmg,Regulat�ons and$tandards onst`riiction.Supervisor License ; i Uc n e's GCS 83273 x i putt ig- / 01.0 Tr# 24622 Rtd o 0 ARMANDO PO BOX 578 W-WAREHAM,MA 02576 Commissioner • t License or registration valid for individul-use only before the expiration date. If found return to' ; Board of Building Regulations and Standards ' One Ashburton Place Rm 1301 Boston;Ma.02108 I Not valid"without signature OF r Town of Barnstable i < Regulatory Services 9$^ ' 'E'� Thomas F. Geiler,Director fD;9;�A,� Building Division Tom Perry,Building,Commissioner 200 Main Street,Hyannis, MA 02601 . wwww.town,barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 F - Property Owner Must Complete and Sign This Section If Using A Builder E 7, f nzo , as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application for. (Address of Job) f a - Z�?, --- ;7-111 7 Signature of Owner D afe a 'r � Print Name If PropejU Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. Town of Barnstable F-cr1F r� Regulatory Services Thomas F. Geiler, Director r IARNSTABLE, MASS. 16jg. ,�� Building Division ATFD �� 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 Please Print DATE: JOB LOCATION: number street village "HOMEOWNER": 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 Depa`ftment minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official ! . Note: Three-family dwellings containing 35;000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION 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 d4 such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:\WPFILES\FORMS\homeexempt.DOC Assessor's map and lot number ��.. 1.13.............. P�O*THE Sewage Permit number j Z MAKE TABLE, F{ouse number ................................. ...' ... r rasa ........................ �AO 0 {i m 'Fp MFY h TOWN OF B VRNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ...........Z Y /� 1U .................................................................................................................. TYPE OF CONSTRUCTION .......... o d o F04-1t °�� 1� " f�. 4—V ........................ ................... ........................................... .............. '7L" ........19.. ' S .'. ,,: � 6 I TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according-to the following information: 4 � .. & � , is/✓(/ Location 1 . � � ,+a & .................. ............... ............................................ ......>. ............ ...................... Proposed Use ............. '. ,. ... '.. ........ ? f !.`" . .......... �'�t,., ............... .......I........................ .. . yZoning District ................1,............ ......................................Fire District ........ . !, } Name of Owner �- .!.f �a.�� !`-f .. :...... .'PJ-/J�V `Addr'ess ... . .?�'���'�/ !` ........ .... _ ' Ali �- - ,,' Nameof Builder .................^........................... ..Address`......... ........................................................................ } r Name of Architect . t N t f .. : Address .... ................. !, .....r ................... ...... .............. Number of Rooms Foundation ..............................................................o (� ....................a:............................................ Exterior � 0 � ff-`..Roofing ..... . .. ..:�... '66 Floors ......:"................Interior ......... ,r.r - _ Heating ....t ............Plumbing �S c1 C D v Fireplace ............ ; ... ........ •.............................................Approximate Cost ....0.., ,!................................................. Definitive Plan Approved by Planning Board _ Area A. ........ -. Diagram of Lot and Building with Dimensions Fee Cf SUBJECT TO APPROVAL OF BOARD OF HEALTH f 1 3Z# OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .................. �. . r.: ! ` ............ Construction Supervisor's License ` r t MAHONEY, EUGENE A=306-173-006 , No ...2.$629... Permit for ..1z..StorY.................. Family....DwellinP................ Location ......LAt...Sx....9Z..Harbor...Road....,..... .. ...... .......................Hyalll s......................................... Owner ..........BA99I4e„MahoneY.......................... Type of Construction ......EXable......................... ............................................................................... Plot ............................ Lot ................................ Permit Granted ,,,November 5, 19 85 .............. Date of Inspection ....................................19 Date Completed ......................................19 e ®. � 1/Id7 �o o,EPTIC SYSTEM MUS' Div O , T.3�L 401 ` 4, �Assgssq-'s map and lot number ....d(o...:r... .v..^',....... �������..�� Co x �► C *THET WI T14 P Sewage Permit number ........ J�.� :- .J.4. ........ . ENVjARON, N-r+ ( * �.� . ^ -TOWN RC-GU ��I" t BJEBA9BTa LE. i HOUSe number ..................... ......... ............................, 9�p �639. e�0 .... TOWN OF BARNS TABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO � � r . 1 / `�a TYPE OF CONSTRUCTION I _ �...,� �� �!........��. "��� � �—�.. ................A........ ..............................`. ..�.........19. - TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ..........� Aoz'66......2 ................ ........................................................ ProposedUse .............:r..�.. ..................................................... .......V.......... ..... .................. Zoning District ... Fire District ......:.F.1 ................ ................ .......... ..X,//, / .... .. ..I. .. .. / . Name of Owner .............. .Address .... ..... ...... _ nRrh` Name of Builder Z��f.... � " � T%.'v������ .................... ......................................... ..Address ......:............................. ... ..... ..................................../. t 2 Name of Architect ...... .....®.!".��..."......rl."c/%.........Address ..... �60 f� Numberof Rooms .................. ..........................................Foundation .................................................................. . Exierior .S_. .G.!71f.. J ..••►••••. .. f�iw ..Roofing ...........100 ........................................................... ... pper�•• n lc.� Floors �....../' �a''•�. Interior ............ !` .....! '?-L..................................... hHeating... .... .r :..�!/ .� . .......(. .................................`..Plumbing ............. /��•H'Je,�.�—".................. � Fireplace ............ G���,............................................Approximate. Cost .......vs.....f..e 19 C............:...................... C�'. Definitive Plan Approved by Planning Board ________!_L_"` �_ ��--77_ � lv 25 - --____19__d__ Area ... .............. .............. Diagram of Lot and Building with Dimensions fs `y Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH O 12-1 _ 01 C\, Cy n- ems,. a a r,c)� i� U. g� OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name �r.................. . .. . .. �!�7 - __ Construction Supervisor's License ................:..�.....ek...` ZWiONEY, EUGENE 28629 11 Story ......I......... Permit for .................................... single Family Dwelling ............................................................................... A Lot 5, 92 Harbor Road Location. ................................................................ ► Hyannis ............................................................................... 'Eugene Mahoney Owner .................................................................. Frame Type of Construction .......................................... ............................................................................... Plot ............................. Lot ................................ Permit Granted .... • .............19 85 Date of Insp'ecti8h-..0 Date Completed ........ ....19 Ike Ir TOWN OF BARNSTABLE_BUILDING PERMIT APPLICATION Map 3 t� Parcel• 1 "��� Application # r W-7 Health Division Date Issued Conservation Division '-Application Fee J� Planning Dept. Permit Fee r Date Definitive Plan Approved by Planning Board V rz- . • z Historic - OKH Preservation/ Hyannis Project Street Address � (� Village Owner -1AS �' (,�'� Address i Telephone Permit Request -SOXl Ar"r K90r- Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Kk> Flood Plain Groundwater Overlay Project Valuation / K Construction Type /* �. ��� Lot Size z� C.�' 5(/�¢6PGrandfathered: ❑Yes ❑ No If yes, attach supporting documentation. 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: 4rulI ❑ Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing : new e52 Half: existing � newer Number of Bedrooms: existing anew Total Room Count (not including baths): existingneW_��First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other ' Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove❑Y; ❑ No Detached garage: ❑existing ❑ new size—Pool: ❑existing ❑ new size _ Barn: ❑ existing �ew ize_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: w Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No. If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name �� 0 )ag&g Telephone Number Address D! BaA; 2S zq License # ✓� eg,_-3�. 7 Home Improvement Contractor# TC�� /.7.`Z57�' Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATUR DATE FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL .f G GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. The Commonwealth of Massachusetts ' Depgrtrnelit of Industrial Accidents Office of Investigations 1 la 600 Washington Street Boston,MA 02111 ' www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Busi-ness/Organization/Individual): Armando M. Pereira P.O. Box 578 Address: �-. keLi� _r2KE9_ City/State/Zip: West Wareham, MA 02576 Phone.#: 508-291-1061 Are you an employer? Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4.t.❑ I am a general contractor and I 6'� New construction employees(full and/or part-time).* have hired the sub-contractors ' 2. I am a sole proprietor or pailner- listed on the attached sheet.' 7. ❑'Remodeling .These sub-contractors have ship and hake no employees s• Demolition❑ • ,• :employees and have workers' working for me to any capactt5. 9. ❑ Building addition... [No workers' comp, insurance comp. insurance.$ required.] (Project Manager) 5 oration and its 10.0 Electrical repairs or additions . - ❑ We are a corporation 3.❑ I am a homeowner doino all work officers have exercised their I1.❑ Plumbing-repairs or additions myself o workers' com right of exemption per MGL ' Y p 12.❑ Roof repairs insurance required.]t c. 152, §1(4), and we have no employees.'[No workers' 13.n Other Roofing/Deck comp, insurance required.] "Any applicant thatchecks 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. *Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. if the subcontractors 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: Zurich _ Policy#or Self-ins. Lic. #:Policy#6ZZUB0261 M69708 + - ;,. Expiration Date: 7/12/09 thru 7/12/10 Job Site Address: 92 Harbor Road Hyannis,,MA(PM). City/State/Zip: New Bedford, MA 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 S1,500.00 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.wiolator.,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 cent' underZ!e/x-� penalties that the information:provided above is true and correct: Signature ` Date: 2/20/10 Phone#: 508-291-1061, ext. 100 r 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 S. 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 lave 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 an given ear,need only submit one affidavit indicating current P Y ,P g Y Y g 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 pernnit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The:Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE Revised 11-22-06 Fax # 617-727-7749 wwvw.mass.gov/dia y HOME IMPROVEMENT CONTRACTOR Registration: 136402 Expiration:'-T/23/2010 Tr# 0 : Type Ahdrvidual . i ARMANDO M.PEREIRA� � E ARMANDO PER EIRAi 2 HOLLY TREE LANE ` WEST WAREHAM,MA 025i6 Administrator . - � - , ✓iZC i/J007YI72dltUJe(LUIb O��J(/(,(1',OO�L[[Oeua � ` -. "rd of Building Regulations and Standards ° Construction Supervisor License License:,._CS 83273 i Expiration '5/30/2010 Tr# 24622 - Restriction`00 a ' •. ,..... i�� Yi fir'{ ., ( ARMANDO,M PEREIRA {{ PO BOX 576 W WAREHAM,MA 02576_ Commissioner { y (I License or registration valid for individul use only 1 before the expiration date. If found return,to: f Board of Building Regulations and Standards ft One Ashburton Place Rm ON Boston,Ma.02108 } Not valid without signature � }I i �0p'HErp Town of Barnstable Regulatory Services Thomas ;{, Geiler, Director 59,�b`� Building Division Tom Perry, Building Commissioner 200 Main Street; Hyannis, MA 02601 www.town.b a rnsta ble.m a.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign. This Section ff Using A Builder as Owner of the subject property hereby authorize e�!SR& o to act on my behalf, ,in all rnatters relative to work authorized by this building permit application for: `72 darb� r i�cTl �ia.h, i s .(Ad.dtess of Job) f Signature of Owner ate E1 i s / l:f y/''J�1 a a-. l Print Name If Property Owner is applying for permit please complete the 1-forneownets License Exemption Form on th'e reverse side. Town of B arnstable y�� of YHe rqh�� Regulatory Services Thomas F. Geiler, Director * EA"SrAI]IL4 MASS.� Building Division s 67 � 9• ��pTep MPt a Tom Perry,)3uilding Commissioner 200 Main Street, Hyannis., MA 02601 -A y)y.toA'n.barnstable.ma.us Fax: 508-790-6230 Office: 508-862-4038 -- UOi IEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: street villagc number "I-IOMEOWNER": home phone It work phone# name CURRENT MAILING ADDRESS: state zip code city/town ts or less The current exemption for"home owners"was extended to include own5e oca>�iP ed d`yrozded that thgs Of six e owner act nd to allow homeowners to engage an individual for hire who does not po supervisor. AEP'INITION OF HOMEOWNER Persons) who owns a parcel of land on'which he/she resides or intends to reside, on which there is, or is intended to e or two-famil dwelling, attached or detached structures accessory to such use and/or farm structures. A be, a on Y considered a homeowner. S person who constructs more than one home in a two-year period shall not be c "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 pLrformed under the building errrut. (Section 109,1,1) The undersigned "homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws, rules.and regulations. Th'e undersigned "homeowner"certifies that he/she understands the Town of Barnstable Building Department rocedures and requirements and that he/she will comply with said procedures and zrurumum inspectionP requirements, Signature of Homeowner Approval of Building Official • Note; Tbree-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 -Licensing of consuvcb.on Supervisors);provided that if the homeowner engages a person(s)for hire 10, do such work, thal such Hnmc:c) f shall act as supervisor," Many homeowners who use this exemption a're unaware that they arc assuming the responsibilities of a supervisor(see Appendix Q, Rules &•Rcgula-tions for Licensing Construction supervisors;Section 2.15)o�rlroce dack oagainst the unlf awareness teensed personen results in casoit wouus ld Hmth aal c'cnsedy u Board cannot when the homeowner hires unlicensed persons. In this cast,Our P 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 fom>/ecrtification for use in your community. TMF>o TOWN OF BARNSTABLE Permit No.. 28629 BUILDING DEPARTMENT { ,k"2T I Cash �$544.•.Q9.� Iq� m� TOWN OFFICE BUILDING w ' HYANNIS,MASS.02601 Bond ................ CERTIFICATE OF USE AND OCCUPANCY Issued to Eugene Mahoney Address Lot #5, 92 Harbor Road Hyannis, Mass. USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL 4 SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND.IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. April 9, .......................... I9.9 Q........... ........... .,/ .. Bui ding Inspector SW PINK DEFT FILE COPY/WHITE FIELD COPY/'YfkL01# .APPLICANT COPY I pow B` 111�!11�f w.? a M N OF BA NSTABLE, MASSACHUSETTS ` h A�306 PE 17 3- 0 6 I VALIDATION , Novem$er $., M.... ...:- OWhe'r OAT! 9 S.Si� . PERMIT NO :APPLICAN,T ®a�B®10j�' Q ADDRESS 24406 Build ;;(�TIIfE T) (CONTR'S LICE NSfI PERMIT TO i 'selling. 11� STORY Single FN a Drge�, NUMBER OF (TYPE 0I.1 ROVlMENT);•.;. NO. PROPO D'USE/ DWELLING UNITS'' AT(LOCATION). ot'' .E Har or Road, Hyannis ZONING (STREET) - 'DISTRICT 8ETWEEN (CROSS STREET)-- AND (CROSS STREET) SUBDIVISION LOT BLOCK LOT' ..:.. SIZE BUILDING t BUILDING IS TO BE: FT WIDE BY FT. LONG BY j FT'. IN HEIGHT AND SHALL CONFORM IN CONSTR' TO TYPE• USE GROUP BASEMENT WALLS OR FOUNDATION Sewage 854360 . . (TYRE) REMARKS Euggae Mahoney ($5.41 AREA>DRi 1462 SU�Q�D�OO PERIakT VOLUME ` EpUAp ESTIMATED COST $ SQL 2S !ET FEE r OWNER��285�WashingtO�i, treet BtYPe z, 'firms ..r..,�^�+�� yin ••' °�., FROM THE DEPARTM D t.; OF ANY.APPLICABLE SUBDIVISION RESTRICTIONS. / -OF 1 MINIMUM ONS THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE I INSPECTIONS REQUIRED FOR ALL,CONSTRUC.TION WORK, CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FOR ELECTRICALI: FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL'INSTALB1ATIONS.D 2, PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MEMBERS(READY TO LATH). 3: FINAL INSPECTION BEFORE FINAL INSPECTION HAS BEEN MADE. ' I OCCUPANCY.. POST-THIS CARD SO IT IS VISIBLE FROM STREET � y. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS" ELECTRICAL INSPECTION APPROVALS ' 2�*-yl-,P - i z 2 2 4 t I 3 N.S HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT I ►gyp r- �.t � � o - � ,� OTHER Z BOARD OF�TH ?' yz r 1 WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT WILL BECOME NULL AND VOID IF"'CONSTRUCTION i TOR HAS'APPROVED THEVARIODUS STAGES,OF WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE INSPECTIONS INDICATED ON THIS CARD CAN CONSTRUCTION, ARRANGED FOR BY..TELEPHONE OR WRITT i PERMIT IS ISSUED AS NOTED ABOVE. NOTIFICATION. 1 �- TOWN OF BARNSTABLE ZONFNG .BOARD OF APPEALS J VARIANCE DECISION AND NOTICE PETITION: # 1989-49 PETITIONER: LORA S. MAHONEY At a regularly scheduled hearing of the Barnstable Zoning Board of Appeals , held on June 8, 1989, notice of which was duly published in the Barnstable Patriot and notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of Massachusetts, the petitioner, Lora S. Mahoney, through attorney Arthur Hyland, petitioned the Board for a variance from the zoning bylaw, Section 3- 1 . 1 ( 5) , Bulk Regulations in the Residential B zoning district. . The petitioner seeks a variance from the Bulk Regulations which require that the building be setback 10 feet from the rear lot line. The existing building is approximately 9-feet from the rear lot line at one corner of the house and 6. 5 feet at another corner (Booth survey is 9. 19 feet and 6.92 feet ; Milne survey is 8.89 feet and 6. 59 feet) . The petitioner' s attorney stated that the violation was the result of a mistake and that the petitioner was unaware of the violation until after the home was constructed. Several of the neighbors stated that , in their opinion, the house was deliberately constructed in violation of the setback requirement to capture the view of the water. The Board heard conflicting testimony on this point . Board members viewed the site alter it was staked out so the lot lines could be seen and determined that the building violates the setback requirements . FINDINGS .OF FACT: Based . upon the information submitted, the Board made the -following findings of fact : l The house is in yi-olation of the rear setback YY requirement; and 2 the petitioner has not demonstrated circumstances relating to soil conditions , shape or topography of the • i I i t I land which created a need for the violation; and l 3 a literal enforcement of the bylaw would not constitute a financial hardship directly related to the land; and f 4 relief would continue a situation which is detrimental to the neighbors and would nullify the clear intent of the setback requirements; and 5 therefore, the conditions which authorize the Board to grant a variance have not been demonstrated. i; The vote on the findings of fact was as follows : AYES: BLISS, BURLINGAME, JANSSON, LALLY NAYS: NONE r i s r DECISION : Based upon :the information submitted and the. findings of fact, . at a meeting held on August 10, 1089, the Zoning Board of Appeals denied the relief requested by the following vote: AYES.: BLISS, BURLINGAME, JANSSON, LALLY NAYS: NONE EUGENE J. MAHONEY 285 WASHINGTON STREET BRAINTREE, MASSACHUSETTS 02184 March 7, 1990 Mr. Joseph Daluz Building Inspector Town of Barnstable South Street Hyannis, MA Re: 92 Harbor Road Hyannis, MA Dear Joe, Attorney Arthur Hyland has had discussions with .Assistant Town Counsel Ruth J. Weil regarding my Petition for .Variance on the Harbor Road property. He informed her that..d was willing to demolish 3. 5 _ feet frou0--the porch so long as the 0 . 91 foot encroachment at the corner of the house was approved as de minimis. This approach was used in order to save both the Town and me from the expense of a trial and also to bring this problem to a definitive conclusion. The Assistant Town Counsel informed Arthur Hyland that she represented the Board of Appeals and it was their position that they were not going to do anything about it. In an attempt to resolve this matter, I am contemplating removing the corner of the porch and then asking you for an occupancy permit . as your opinion is that the corner of the house is de minimis in nature. If this is agreeable with you, please inform your assistant, Mr. Martin, so that I may get started as soon as possible. Very truly yours, JOBFPA D. DALuZ TELBPHONEs 773.1120 B;ilding Cohmissioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 September 16, 1988 Mr. Eugene J. Mahoney 285 Washington Street Braintree, MA RE: Building Permit #31277 Lot #13, 100 Harbor Road, Hyannis A=306-173.007 -966_/-73, b o (� Dear Mr. Mahoney: Reference is made to the proposed plot plan by United Surveyors and Engineers and the certified plot plan by .Pr9bas_t---8- B�----Jr. of Er erst- .—B —I--C -, Civil Engineers for the dwelling in located at g to J 5 100 Harbor Road, Hyannis. Both plans indicate that the foundation is in compliance with the Town of Barnstable Zoning By" laws. However, I have received another certified plot plan from a neighbor that indicates that the dwelling is not located in compliance with the Town of Barnstable Zoning By-laws. The sideline appears to be less than required under the By-law. Since the question of compliance with zoning has been raised, I am ruling that there appears to be a side line violation and the occupancy permit cannot be authorized at this time. Please contact my office re clarification on this matter. Peace, o eph D. Da u Building Commissioner JDD/gr cc: Town Counsel Certified mail: P-539 082 840 R.R.R. n f I cb aAX 1 `77� � t7/- . o-t 6 - . 11 1 yat. 5p 00 •o 3¢'- _. q o 2' ytq /dc✓clio,i ,�c `J/ rcw�re Y.k7 load - 401 wide , o � ti KP' ` lot36 9 .C'o� S d � 0 � v N. Cu.C-fie mac � 40 � Pad, s� qU Cape �nc�i�2ee�u .>Co-t 13 ,19 Sca-f e I "-30 I.Iqatul.i4, fir'a. 02601 Date 9-12-88 ' '1he, buUrJi.yu; ah.nwn on this p&2 ,ice -tocated CeAtZi -.i.ed Plot 1"tan on •t p- `rtou,,,d a I, "I'own he,-eon, caul doe-, not _— nae e t the Gacl azc�u�iea evr t'l o U Via Down o r`)e*,iw,. lot S a,, ahown on 4 C. pl c 7!72 C ep LNE J� /ycf avr� y l. 02+ 01 `o,3243J 7?0 - 0 q 3/ I ECISTER�� �y4 JpSF, H D. DALUZ TELBPHONEs 773.1120 Birilding'Cosemissioner .EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 September 29, 1988 Mr. Allan S. Larson 7855 Boulevard East North Bergen, New Jersey 07047 RE: Building Permit #28629 Eugene Mahoney A=306-173-006 Dear Mr. Larson: Please be advised that Mr. Mahoney has notified this office that he plans to apply to the Board of Appeals for relief from the side yard requirement. As an abutter you should be notified, by mail, of the .hearing date. Peace, Joseph D. DaLuz Building Commissioner JDD/gr : :. .Cat:6 i .. . 1a�1•�S �z'' s Ste. yA qU 2 dty /Ja tho t I-100 UUJeti�. $P 40 wade .Cot S. 10,,604 0 � Cut-1 e Sac 110 iqa�9 /da�o2 �o�e � .Cot I3 � idyavuzi�, fra; 0260! Scc.te / „-30 Jate 9-!2-88 `_1he ahn(OrL on -th,L4 i) i4 toCca t ed Cett i.Q a.ed Not. ;'.l O4 on the c,W&w,d w. diwwn lier�eon, and does. Plot meet the �etl�aclz aec�Ctiherre�rLt� o� the Slowvi o dot S, aj ahown on X.C. pin 13a�:veytab•Ce. 117172 C • p r ��'fI P,,,.epaA4d j of N T !l 1 '✓c w,ate t Shoo e d. 0.32430 0� OSTO, ,ram 1 t 7855 Boulevard East North Bergen, New Jersey 07047 September 21, 1988 Chief Building Inspector Town of Barnstable Hyannis, Massachusetts 02601 Dear Sir: Enclosed herewith is a copy of a certified survey of the above mentioned property. It clearly shows that despite regulations requiring ten feet, a portion of the house erected on this property is less than seven feet from the adjoining property line, with the main portion less than nine feet from the line. The structure as a whole has :directly restricted the view from our house at #24 Breakwater Shores Drive (Deed Ref: 1372/858; Parcel ID: .R306 157. . .Also shown as Loc: 97 Breakwater Sh) . The portion of the Harbor Road structure that is less than the required ten feet from the property line blocks a substantial percentage of our.• (remaining) water view with a major reduction in the enjoyment and value of our property. We therefore respectfully ask that the builder/owner of the offending structure be required to immediately remove that portion of the building which is less than the required ten eet from the property line. 1 Si cerely, i Al a . ar n Enc. TOWN OF BARNSTABLE ZONING BOARD OF APPEALS '_; 'iF - , VARIANCE DECISION AND NOTICE PETITION: # 1989-49 PETITIONER: LORA S. MAHONEY At a regularly scheduled hearing of the Barnstable Zoning Board of Appeals , held on June 8, 1989, notice of which was duly published in the Barnstable Patriot and notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of Massachusetts, the petitioner, Lora S. Mahoney, through attorney Arthur Hyland, petitioned the Board for a variance from the zoning bylaw, Section 3- 1 . 1 ( 5) , Bulk Regulations in the Residential B zoning district. The petitioner seeks a variance from the. Bulk Regulations which require that the building be setback 10 feet from the :rear lot line. The existing building is approximately 9-feet from the rear lot line at one corner of the house and 6. 5 feet at another corner (Booth survey is 9. 19 feet and 6. 92 feet ; Milne survey is 8.89 feet and 6. 59 feet) . The petitioner' s attorney :stated that the violation was the result of a mistake and that the petitioner was unaware of the violation until after the home was constructed. Several of the neighbors stated that, .in their opinion, the house was deliberately constructed in violation of the setback requirement to capture the view of the water. The Board heard conflicting testimony on this point. Board members viewed the site after it was staked out so the lot lines could be seen and determined that the building violates the setback requirements . FINDINGS OF. FACT: Based upon the information submitted, the Board made the following findings of fact : 1 The house is in violation of the rear . setback requirement; and 2 the petitioner has not demonstrated circumstances relating to soil conditions , shape or topography of the land which created a need for the violation; and 3 a literal enforcement of the bylaw would not constitute a financial hardship directly related to the land; and 4 relief would continue a situation which is detrimental . to the neighbors and would nullify the clear intent of the setback requirements;, and 5 therefore, the conditions which authorize the Board to grant a variance have not been demonstrated. The vote on the findings of fact was as follows : AYES: BLISS, BURLINGAME , JANSSON, LALLY NAYS: NONE DECISION: Based upon the information submitted and the findings of ,fact, at a meeting held on August 10, 1089, the Zoning Board of Appeals denied the relief requested by the following vote: AYES.: BLISS, BURLINGAME, JANSSON, LALLY NAYS: NONE Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringi.ag:.an action within twenty days after the decision has been filed in the office of the Town Clerk. Chairman I I Barnstable Count Massachusetts, Clerk of the Town of Barnstable, y� hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its deci sion in the aboveentitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this day of 19 under the pains and penalties of perjury. Distribution: Property Owner Town Clerk Town Clerk Applicant Persons Interested Building Inspector Public Information Board of Appeals A=306-173.006 JOSFPH D. DALUZ TELBPHONEt 77li-t120 EXT. 107 7 Building Commiuione• TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 September 16, 1988 Mr. Eugene J. Mahoney 285 Washington Street Braintree, MA RE: Building Permit #31277 - Lot #13, 100 Harbor Road, Hyannis A=306-173.007 _9a�_y7, o o Dear Mr. Mahoney: Reference is made to the proposed plot plan by United Surveyors and Engineers and the certified plot plan by _ _ o - f . loYZ t W Rr_a*GZ7 �..�I-n� Civil Engineers for the dwelling located at, [T lJL3--5 100 Harbor Road, Hyannis. Both plans indicate that the foundation is in compliance with the Town of Barnstable Zoning By- laws. However, I have received another certified plot plan from a neighbor that indicates that the dwelling is not located in compliance with the \ Town of Barnstable Zoning By-laws. The sideline appears to be less than required under the By-law. Since the question of compliance with zoning has been raised, I am ruling that there appears to be a side line violation and the occupancy permit cannot be authorized at this time. Please contact my office re clarification on this matter. Peace, do7eph D. Da u Building Commissioner JDD/gr �. cc: Town Counsel Certified mail: P-539 082 840 R.R.R. " 'i • .Cot 6 I . Z2 s o 2. d'bf 34�= - • ldc (�oa ..U/ � rte 8.y� J-bad 3 , , _y 40 , w•r de G.y9 Xo•t '36 i3 .('o•t S. 10,60�1 0 lv CccL-fie mac. v • 40 ham, Q s� qU Cap e rlu�,i At 13 49 fdc✓cbo�c Hoed �cc�e l "-�0 � Idy t;a: 02>60/ bate 9-12-88 9he bLal lbl ah.w)n on •thid J� Ceir t i:'a i nil Not t f .. Lo c.G,t�l on .the riAouuul c✓,. 41wwn /te n, cnd doea clot ntept ice �.tf�coc/z aect�vcPa te,r, o the Slown o s` l ot l3aavr.��tc�li 1 e. e�uu S. all /hoton on Z C. p la z 'J17172 C o�7.e 2 INF LJyCu�tt�� .1�1C�, 02(�Ol 0 32490. OSTER `I LANDSJ, ;. 1 JosFPH'D. DALUZ TELBPHOHEs 775.1120 Building Commissioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 September 29, 1988 Mr. Allan S. Larson 7855 Boulevard East North Bergen, New Jersey 07047 RE: Building Permit #28629 Eugene Mahoney A=306-173-006 Dear Mr. Larson: Please be advised that Mr. Mahoney has notified this office that he plans to apply to the Board of Appeals for relief from the side yard requirement. As an abutter you should be notified, by mail, of the hearing date. Peace, Joseph D. DaLuz Building Commissioner JDD/gr I 7855 Boulevard East I North Bergen, New Jersey 07047 September 21, 1988 Chief Building Inspector Town of Barnstable Hyannis, Massachusetts 02601 Dear Sir: Enclosed herewith is a copy of a certified survey of the above mentioned property. It clearly shows that despite regulations requiring ten feet, a portion of the house erected on this property is less than seven feet from the adjoining property line, with the main portion less than nine feet from the line. The structure as a whole has directly restricted the view from our house at #24 Breakwater Shores Drive (Deed Ref: 1372/858; Parcel ID: R306 157. . .Also shown as Loc: 97 Breakwater Sh) . The portion of the Harbor Road structure that is less than the required ten feet from the property line blocks a substantial percentage of our (remaining) water view with a major reduction in the enjoyment and value of our property. We therefore respectfully ask that the builder/owner of the offending structure be required to immediately remove that portion of the building which is less than the required ten eet from the property line. S2aaAr Enc. 7855 Boulevard East North Bergen, N. J. 07047 November 22, 1988 Mr. Joseph D. DaLuz Building Commissioner Town of Barnstable. Town Office Building Hyannis, Massachusetts 02601 Dear Mr. DaLuz: RE: BUILDING PERMIT #28629 EUGENE MAHONEY A=306-173-006 I have not responded to your letter of September 29 previously on the assumption that I would be notified by you, or by the Board of Appeals, of some action on this matter. Since it is now almost two months since you wrote and I have not had any such notice, I can only assume that Mr. Mahoney has done nothing. While I do not pretend to know the law in such cases, it would seem to me that it is the obligation of the Town of Barnstable to require Mr. Mahoney to bring this structure into conformity with existing statutes with no further delay. If I am in any way incorrect in this assumption, I would appreciate your so advising me. If I am not incorrect, I would appreciate being informed as to the specific action being taken by your office. I look forward to hearing fro o 1 S' ce 1 S. Lars n CERTIFIED RETURN RECEIPT fiv - r TOWN OF BARNSTABLE ZONING BOARD . OF APPEALS VARIANCE. , A f, . DECISION AND ,NOTICE r s PETITION: # 1989-49 PETITIONER: LORA S. MAHONEY At a regularly scheduled -hearing of the Barnstable Zoning Board of Appeals , ;held on June 8, . 1989, notice of which was duly published in the Barnstable Patriot . and notice of which was forwarded to al.l interested parties pursuant to Chapter 40A of the General Laws of Massa.chusetts,.,,.the petitioner , Lora S. Mahoney, through attorney Arthur Hyland, petitioned the -Board for:,a ,var i ante from the zoning bylaw, ,Sect i on ,3- ,<.Bulk =Regul..ations jn the Residential 8 zoning dl St? 1 Ct.' X, e.1ia` +sates s :aA'. ! i'tiy+E The petitioner seeks a variance. from the Bulk Regulations b eack f10 feet ,from the ' which requ�;re athat .the building Yset b,. A., rear,�l of I i ne:,.'The existing building -is approximately 9, feet :from .the.`rear lot .lime at one corner of the house and 6. 5 and 6.92 feet survey is 9. 19: " (Booth su feet at another corner' .(Boo Y ; -feet; Milne survey 'i s 8.89 feet and 6. 59 feet) . v i o l at�on was the a ''The :pet i t i o.ner rs attorn"ey .stated that the ' result of a mistake and that .the petitioner was unaware" of . 3 xr the violation until after the home. was .constructed. Several ` of the neighbors `stated that, .i n their opinion, the house fx was deliberately constructed in violation of the setback : requ i rement-to• capture" the view of the water. :The :Boards heard conflicting testimony on this point. Board members viewed the 'site after i-t was staked -out so the lot lines could be seen and determined that .the building violates the setback requirements. FINDINGS OF FACT: } Based .upon the `i nformat'i on submi.tted,' the Board made ,the following findings of .fact : f 5 y., 1 The house is in violation of the rear setback ;requirement; and 2 the petitioner has not demonstrated circumstances relating to soil conditions , shape or topography ,of t;he Jr, FI land which created a need for the v-iolation; and 3 a literal enforcement of'th'e bylaw would not constitute #, a 'financial hardship directly, related to the Jand; and re l:i of would ,cont i nue: a `situation wh.i ch i s-.detr i menta 1 ..'4� I _-*vto the. neighbors and would nullify the `clear intent. of . the setback. requirements -Rand z�y .� z'"'" e:,'�"F � .ter• ,t, � ,ter ,r 5 -,: therefore, the .conditions ,which. authorize the Board to .,.a 1. grant -a variance have not been demonstrated. The "vote on the findings bf fact was as follows:' AYES: BLISS, BURL I NGAME,'. JANSSON"', LALLY NAYS: NONE W DECISION: I Based 'upon' the information submitted and the ,f i nd i ngs of X :x _. -fact.',,at :a meeting, held on August 10, ` 1089, the Zoning Board 1 s denied the re 1 i of requested by the following r f Y t �1:�?.u'L ti a,b [.�•'�v,.i.. .�-!L4`.F..9 tr .•w� _.., .m, t °��'`g"�"'} �+��� �vk: ��r`�.y-Yx -ir s- � A,+,.{ �' rcn A4 K l .. awyl+ ✓r.f .hAM*.c.� au 4 G,x,k* t q'4 p fl s� EK ✓" f .^ �.'f5 L �w'-`c��.fY?x yr 6�..,.as Z as+ S 1- '� �`� � w n'� �" ., '� AYES s - i BLISS, .BURL I NGAME ensi� tl. � cc g^n. ",z Ms.' A P,r x r--{ {k f..���'., �s�°'»'1�., 9a�Yb ._,.rt .1fs.I§fig. '� �,z�.`3J��..�. ,��� �`•�t! �'y�:' a �4ti-N 'i'. Y `�'�;�,: j{iv}�f�rXti'r �.",�;µtiCfa�`w,M1. .� '� �' 7 l '•4 ; � ,t ,; �a 3�`�x i � �� F�d{L'�`n�€VY t`T ie `�.` ♦ i �♦t '� �, y. y � •r.= �,. - ° 1�6 3}.�c eN.h i ��T,` t��fi^^-- .,5 j 6��'� '',� k'.f �k u..�*�` 'a.:.�� 'e s �es ..p� •� � M��' ,�,r. w-t '� x, «"" .3 c:'�.. id.l V—L3i.�iwi�;'��,h'";�'" may.. r� �' ..'xyr,'�st,sip'<.E {.+3# �""'1 �,� 1 n."w"'a° "' ..'*r. � ,+aw!a,'.'?rd s.. "`,• 4 $'# ',.',� +EdT.'i.".,2':���itS.�:C{.-.�� r�"Y w.��.s $,xi - - i � , -•.E -a _ .. ., s ',x., -r. Y - •,'.a` y `' �,.. .t ",au' , w W. k t a is i AT V3 a 7-`4 f tV*Z►� A. ♦:x 3z.:3.. . f OFFICE OF TOWN ATTORNEY TOWN OF BARNSTABLE INTER-OFFICE MEMORANDUM July 17 , 1991 TO: JOSEPH DALUZ, Building Commissioner FROM: RUTH J. WEIL, Assistant Town Attorney RE: Mahoney v. Zoning Board of Appeals Our File: 89-0097 iJ ----------------------------------------- J------------------ .� • i'1 Attached please find the Superior Court decision denying Mr. Mahoney' s request for a variance . I thought that I had sent you a copy previously, but my records indicate that I did not. I apologize for the delay in this I regard. Please feel free to contact me with questions. ( IIIIIIIII.IIIiIIVZIIII) o C���I55�I���1I5L 5 BARNSTABLE, ss. SUPERIOR COURT No. 89-1117 LORA S. MAHONEY VS. BOARD OF APPEALS, TOWN OF BARNSTABLE JUDGMENT ON FINDINGS BY THE COURT This action came on for trial before the Court, Xifaras, J. , presiding, and the issues having been duly tried and findings having been duly rendered., it is ORDERED and ADJUDGED: (1) that the decision of the Board of Appeals of • the town of Barnstable, filed with the Town Clerk on August 23 , 1989, did not exceed its authority and no modifications are required; (2) that. the Clerk of Court shall, within thirty days after the entry of this judgment, send attested copies thereof to the Board of Appeals. Dated at Barnstable, . Massachusetts, this thirteenth day of May, 1991. FORM OF JUDGMENT APPROVED: ust ' a of the pe i r Court Ass 't. Clerk Q A t co y " test: MdY 1 51991 r 6�1 8 er{c TOWN ATTORNEY _, TOWN OF BARNSTABLE P?_ 6uliuitolt£ calfil o c ��z s 1��z�k s BARNSTABLE, ss. SUPERIOR COURT No. 89-1117, LORA- S MAHONEY vs BOARD OF APPEALS, ' TOWN OF BARNSTABLE F JUDGMENT ON FINDINGS BY THE COURT This action came on'.,for trial before the Court, XifarasA J. ,` presiding, and the issues' having . been duly 'tried `a'nd, findings having been duly rendered, " it is ORDERED and ADJUDGED: (1) that the decision of the Board of Appeals of the town of Barnstable, filed 'with the Town Clerk .on August 23, -1989 , did not exceed its . authority and "'no modifications are required; c4 (2) that the Clerk, of Court shall, within thirty days after the entry of this judgment; send attested.. copies thereof to the Board of Appeals. Dated at' Barnstable, Massachusetts, this thirteenth day of May, 1991. FORM OF. JUDGMENT APPROVED:, w ust e of the : i r pe Court Ass'.t. Clerk p R 9 W R A true copy, Attest : 1ivi:l 201991 p TOWN OF BAR"'STAB!E Asst. Clerk ZONING B�'"R^0P r.PPF ALS �!it112IIiUIT�l1L'�Ilfll of BARNSTABLE, ss. SUPERIOR COURT No. .89-1117 LORA S. MAHONEY VS. ZONING BOARD OF APPEALS OF BARNSTABLE FINDINGS OF FACT, RULINGS OF LAW, AND ORDER FOR JUDGMENT BACKGROUND This is an appeal by the plaintiff, Lora S. Mahoney, from a decision of the defendant, Barnstable Zoning Board of Appeals, which denied plaintiff's request for a variance from the rear-yard setback requirement for a single-family residential dwelling located at 92 Harbor Road, Hyannis (Exhibit 1, Lot 173-6 of Map 306) . The rear-yard setback requirement is 10 feet and a corner of the building is only 9. 19 feet from the adjacent lot. After hearing and a view, I make the following findings of fact. FINDINGS OF FACT 1. Lora S. Mahoney ("Mahoney") owns the locus which consists of 10, 604 square feet, and is located in a RB single family residential district. Mahoney constructed a single family house which is unoccupied. The rear-yard setback requirement is 10 feet. I find that the unoccupied residence on the locus is 9. 19 feet. from the rear boundary and as a result there is an encroachment on the required rear-yard setback by approximately 1 foot. This locus abuts Harbor Road. 2 2 . In 1985 Mahoney submitted a site plan and a foundation plan to the building. inspector. These plans indicated compliance with the setback requirements. This residence was constructed in 1988 and a certificate of occupancy issued. Mahoney became aware that two corners of the dwelling house were 9. 19 feet and 6.92 feet from the rear boundary of the property. Mahoney has removed a porch eliminating the 6.92 foot encroachment. Presently, there is the setback encroachment as to the corner of the building which is 9 . 19 feet from the rear boundar . Y 3 . This encroachment was unintentional and was an error in construction. This locus is in a zoning district where the required setback from the rear lot line is 10 feet. The plaintiff, therefore, seeks a variance from setback requirements because a portion of the residential structure is less than 10 feet from the rear-yard setback. 4 . Other than the financial burden of $70, 000 to eliminate the encroachment, I find that a literal enforcement of the zoning by-law would not constitute -a financial hardship directly relating to the land. 5. The zoning area includes a single family residence with ' a water view of Nantucket Sound and Hyannis Harbor. This locus . borders other land which is adjoined to a beach. There exists no peculiar circumstances relating to the soil conditions, shape, or topography of this locus that do not generally affect other land in the zoning district. Essentially, the adjacent 1ots are similar J 3 in size, shape, soil conditions or topography. The relief sought undermines the intent of the setback requirements of the by-law and is obviously detrimental to the neighbors. 6. The shape of the locus is not unusual or different from other lots in this area. The topography is also not unusual. It is the same grade and elevation. The soil conditions are not unusual or different from the soil conditions in this area. RULINGS OF LAW 1. G.L. c. 40A, § 10, authorizes a board of appeals to grant a variance only where it "specifically finds (a) that owing to circumstances relating to the soil conditions, shape, or topography of such land . . especially affecting such land . . . but not affecting generally the zoning district in which it is located, (b) a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, . . . (c) that desirable relief may be granted without substantial detriment to the public good and (d) without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. " Warren v. Zoning Board of Appeals of Amherst, 383 Mass. 1, 9 (1981) . 2. Section 5-3 .2 (2) of the Barnstable Zoning by'-laws provides that the Barnstable Zoning Board of Appeals has the following powers with regard to the granting of variances: (3) Variances: To authorize upon appeal or upon petition in cases where a particular use is sought for which no permit is required with respect to a particular parcel of land or to an existing building thereon, a variance from the terms of this bylaw where, owing to conditions especially affecting such parcel of such 4 building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of .this bylaw would involve substantial hardship, financial or otherwise to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this bylaw, but not otherwise. 3 . The burden is upon the person seeking a variance, pursuant to G.L. c. 40A, § 10, to produce evidence that each of the discrete statutory prerequisites has been met and that the variance is justified. Warren v. Board of Appeals of Amherst, 383 Mass. 1, 10 (1981) ; Knott v. Zoning Board of Appeals of Natick, 12 Mass. Ct. 1002, 1004 (1981) . The requirements for the grant of a variance are conjunctive, not disjunctive, a failure to establish any one of them is fatal. 4. The Board of Appeals has no authority to grant a variance from the dimensional requirements of a zoning enactment. Feldman v. Board of Appeals of Boston, 29 Mass. App. Ct. 296, 297-198 (1990) ; Mitchell v. Board of Appeals of Revere, 27 Mass. App. Ct. 1119 (1989) (rescript) ; Warren v. Board of Appeals of Amherst, 383 Mass. 1, 9-13 (1981) . 5. I rule that the plaintiff has failed to demonstrate that there are any circumstances relating to soil conditions, shape or topography peculiar to the locus. The failure to meet dimensional requirements alone cannot serve as the basis for finding the unique conditions necessary for variance relief pursuant to G.L. c. 40A, § 10. Guiragossian v. Board of Appeals of Watertown, 21 Mass. App. Ct. 111, 116 (1985) ; Arrigo v. Planning Board of Franklin, 12 Mass. 5 App. Ct. 802, 805 (1981) . ORDER It is hereby ORDERED that the decision of the Barnstable Zoning Board of Appeals did not exceed its authority, no modifications are required, and is hereby AFFIRMED. ohn Xifaras ustice of the S p rior Court Dated: A true copy, A esh l/C - ir I . I .j i f i i i j :1 49 I 136. = �p t)TXb,.. . MM► :ble�M 04 TW5 Fl-- M 15 LC>c^-r -P �1 O N T ht G F;Ov N� P"5 1 N O �C A%La 1"= 2©` Mom, -6 ►`�1S5 n•r�C� coca FoiZMS To - +r- 'ZONING. C�N1T�t� SuRv �oF��a T2 h6i�S t 1, d. z O Z— 0� ' T i /Z .3 b -6/NGL /L/- 3 BE17�'G�vrf '� Llv- .StoEGs/�lLL A,e,�FAI — _ / 0 // S � �� , ram,-.--:' ; < c} -�-.�Z��z. 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