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0438 SOUTH STREET
y ;j C f a �, i �, t k\, d'� '� I P C I ��� �, �. :ir - e � ,} �'"" i � �T O O 2� �� i ,! I�' 1� f j r� � •� �I �� i �: 1 I, �t� �, �� },L ;;d" I j 3 V �, i / r �k',� J ?a ;� I _ Date: May 30, 2018 To: Building File RE: Living Conditions Substandard.—Home for Veterans Address: 438 South Street, Hy Originator: Jeffrey Linn (508-574-1476) Complaint: Substandard living conditions Enforcement Process Steps 131. Initiate local investigation: RA ® 2. Document/enter into system Yes ® 3. Contact ® 4. Property Owner Allen White—402 South St, Hy 5. Seek access to subject property •6. Seek administrative warrant (if necessary) NA 7. Notify state authorities of findings NA [38. Document conclusion OPEN • 139. Referred Building/Health Property—308-123 Site is developed (1840)with a number of 1 1/2 story single family dwelling containing 4 bedrooms and 4 baths on 0.35 acres in the SF zone. History Property is allegedly used to house disabled veterans. It was reported that there are 6 bedrooms although currently only 4 are occupied: - 05/30/2018 Caller stated that conditions are substandard and owner does not correct or repair defects. Residents are afraid that they will be evicted and end up homeless. Caller is a former resident.The following were identified as specific complaints to demonstrate the unsuitability of the property. 1st floor— The first bedroom on the left has an exposed sewer pipe in the closet and has been leaking for years. I"floor- Location of washing machine is awkward as it is perched on a makeshift landing under x f A second story staircase but to the right of the basement stairs. One must stand on a narrow stair in order to utilize machine. 1S`floor Kitchen sink does not drain properly as the plumbing was not professionally done and is not to code. 2"'floor Bedroom occupied by handicapped veteran is accessible only by a narrow staircase. Room is reported to have adequate emergency escape provision but it is not realistically plausible for a disabled person to be able to exit room in hurry. Basement- Exposed asbestos over/near dryer. Some asbestos was removed over/by stairway previously without proper means and methods. 2 R r Anderson, Robin From: Thomas Lanman <tlanman@hyannisfire.org> Sent. Monday, July 02,2018 5:11 PM To: Anderson, Robin Subject: 438 South Street Hi Robin, In regards to our conversation this morning, we have next to nothing in our files here that relate to this property regarding inspections now or in the past.There are a couple past incident reports but that is about it. Tim Lieutenant Tim Lanman Fire Prevention Officer Hyannis Fire Department Tel. 508-775-1300 Fax 508-778-6448 tlanman@hyannisfire.org 1 f : . c 4 �A TOWN OF BARNSTABLE `i: Zoning Board of Appeals Milli Gb r;c. �r=i 3 .. EDUA CONLEE cn.SON)_••••••••••••_••,••••••••••......••__ ••• Deed duly recorded in the __ ..__...._._ _. ._.. ._._ Property Owner County.Registry of Deeds in Book _.. JOHN F. HOGAN, JR. ..:..............._............_...._........ Page ......................, _ ............._.._-.-_._Registry Petitioner District of.the Land Court,Certificate No. Book___....... Page :...._...._._ 1-984-07 Appeal No. �1. nUs�.)Y.....3..1..,._�.. _..........._..... 1984 _...................................................... FACTS and DECISION JOHN F. HOGAN JR. December 28, 84 Petitioner ' filed petition on ...__ 19 requesting a a)(M ermit for remises at .......4.. 8 Soot•h••••St-. e•e•t•-•••••.-••.••••..• •_.......—.__._. , in the village q g P P 3...... . .. .. g (Street) Hyannis ••••••••• adjoining .premises of ....._._........ (see attached list) Locus under consideration: Barnstable Assessor's Map n�.0.8......._........................:_............_ .lot no. -.....1.._._23....,..280 Petition for Special Permit Application for Variance; ❑ made under Sec. .......................................__.._.. ...... ....... of the Town of Barnstable Zoning by-laws and Sec. _........::..........._.....................................................................:_.........._.__..... Chapter 40A., Mass. Gen. Laws forthe purpose of _.. .................................:...__...._.:...._..::.__.........................._...._...............:.........._......._..____....... _w._._....... _...—_. .. ._._... Locus is presently zoned in..............:..RB=1......................................... _••••- Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Barnstable Patriot newspaper published .in Town of Barnstable a ,copy of which is attached to the record of these proceedings filed with Town Clerk. - A public hearing by the Board of.Appeals of f.he Town of Barnstable was held at the Town Office Building, Hyannis,, Mass., at ..........M.M. P.M. _.._.Jan,uarY...:.1.9................................_. 1984 upon said petition under zoning by-laws. Present at the 'hearing were the following members: ........Richard L. BoY...m.._.........::... _Luke P. La11.Y._.............:....... a.1.1....N.l..�ht. ,n,�ale...........:.... ...... ............. .......... ._._.. .........._........_....... Chairman 'At the conclusion of the hearing, the Board took.said petition uuaer advisement. A view of the locus was made by the Board. 1984-07 AppealNo........ .... ._....._ ................w...................... Page _,_:.2.... . of ....3_._ ... . Januar 26 ............... 19 ....84........ The Board of Appeals found Attorney Michael Ford represented the ptitioner who is seeking a Special Perm it .to . allow a change of use from rental of rooms to professional offices at 438 South St. , Hyannis in a RB-1 zoned district. John Hogan, Jr. , is the owner 'of a Bel tone Hearing Aid Service presently located at 163 Main Street, Hyannis (east end) where he has been in business since 1977. The petitioner currently has the property under a Purchase and Sale Agreement with. the owner., -Brenda Conlee Mason. The locus consists of Lots 123, and 280 and is currently being used as a lodging house - located directly after the gas. station heading east on South Street.' The applicant will conduct hearing evaluations. in the office. There are sales people who work 'for the applicant but do not work out of the office - they only come in for sales ,meetings .or to file their reports, .during the regular 9, - 5 business office hours: Mr, Hogan holds a degree -in speech pathology .- semi medical type business. There are no plans at this time for expansion - the petitioner.wil. l remodel the interior C)f the building. . and. give . it a general face lift:- there is adequate off street parking available. Parking plans have been submitted for the Board to view - ten parking '.spaces - would need four per professional occupant - parking should be marked off to comply with the Town of Barnstable Parking Table - 200 square -feet paved area.- Section S, b and d of the zoning, by-law - with reference to five`.(5) feet of natural screening .(green) along the west side of the property. , The .petitioner tells the Board that he had... . planned on removing the existing shrubbery because, he thought it was dead. ,'There is some discussion as to.whether the .petitioner intends to operate professional offices within the entire building, The petitioner tel.ls .the Board. that he does intend to „ create/of'ice. an office out of the front portion of the building. 1f t hire is any .residential use, .it woul.d:_be for a. one-person 'apartment - perhaps someone residing in the building, to maintain same,- will; eventually convert to all office space. Gail comments that in the future he may enlarge, but for- the present time he is talking only about his own, use - the Beltone office may. at some time -comprise the entire structure. Luke'. Lally mentions the. parking and q.uesti.ons.whether the petitioner .does in fact comply with the parking - .it appears that the petitioner needs.. one more- space - .the parking plan can be .re-drawn. to show ten parking spaces. Also of interest is a turn around at .the end. of the lot - .perhaps. there should be .a restriction . in the decision that the petitioner must supply. the ten parking spaces. The petitioner feels that there is adequate par.k,ing safety should be of interest as there .is poor visibility between the gas station and the= traffic light. The petitioner would be . willing to. comply with the turn around and add.itional .parkig'. `M.r. Naylor, one of I. ..........._..........................._......................._............._......_...I.................„..:: .---,. Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty_ (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and.that no appeal of said decision has been filed in the office of,the Town Clerk. -Signed and Sealed this .::..................... day of . ...............:..................................................... 19 ..................... under the pains and penalties of perjury. Distribution:- PropertyOwner _.............................................................................................. Town Clerk hoard of Appeals Applicant Town of Barnstable Persons interested Building Inspector Public Information By .._........................................._.._....„._....... Board of Appeals, - Chairman` f At the conclusion (Y.L the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. Appeal No._. ....1984.-07 Page of3 On ..._.. .._._January. 26.a... ...m.._ ... ....................................... 19 _......84...:, The Board of Appeals found the abutters , tel'is the Board that he thinks before anything is granted to the petitioner, the Board should be, aware of the fact .that there have been. numerous complaints and problems with the property, as it. currently exists, presently a rooming house Dr... Dunn, a next door neighbor also speaks about the parking.the Dr. is asked to come-;forward..and View_.the proposed parking plan.. A new parking plan will be .submitted to the Board showing a cul-de-sac and. the ten parking' spaces. The Board voted unanimously to grant the petitioner a Special Permit for professional .. �ffices loc ted at 438 South Street_, Hyannis with the restriction that there be a 5 ft. , i h,natural. gr�en screening along the west side. of the property where . it abutts the°neighboring Shell Gas station,- in compliance with-,RB-1 zoning,,(5) and also Section S (b) of the zoning by-laws, I, ..._ ........._........n 1.4.,..(.�._.U....0..__. .......... Clerk .., Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that. twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above',entitled;petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this ....... ..1.,...... day of ...:.... .. �e ........................................_.... 19 ......... ..... under the pains and penalties of perjury. Distribution:— PropertyOwner ..................................................._...................... w _. Town Clerk Board of Appeals Applicant ; Town of Barnstable Persons interested Building Inspector Public Information B37 i Board of Appeals Chairman 7 S�- IK 'i NSTAI t 00 '80 FEB 29 AM11 18 Board of Appeals L.a..u..r..e.n.ce W• S.uJ.].J..v.a.n.................................................................. °Deed duly recorded in the ..AaXRs.1a.b.J.e................ Property Owner County Registry of Deeds in Book 2132 Laurence W. Sullivan .......................................................................................................................................... Page 3.7.............. ............................................................Registry Petitioner District of the Land Court Certificate No. .................. ........................ Book ........................ Page ................. 1280-J ......................... .............. 19 80Appeal No. ............ . . . .. ........................................ FACTS and DECISION Petitioner ...........1.au... ce W. Sullivan.. ry 4........... 1980 ...r.......en................................................. ....... filed petition on Iaao.a requesting a variance-permit for premises at ...............4.3.8 Sau-th............................................ Street, in the village of Uyani ..(5.Q.ea.Uarche.d Li.s.t.)...................................n.......s...............................................................I adjoining premises of .......... ............................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................. ........................................................................................................................................................................................................................................................................................... ........................................................................;..........................................................................................................................................................................................................!.......... for the purpose of s 1.Q��Sial Permit to al.low two..Dr fp.5 ...................................................... .................................. ................................................. ..................................................................................................................................... .............................................................................................................................................. Locus is presently zoned in.. Residence B-1 zoned d.i.s.t..r. .J..c ............................................................................. ........ ........................................................................ Notice of this heating was given by mail, postage prepaid, to all 'persons deemed affected and Cape Cod News & by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy -of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, -Mass., at ......7. .3.Q...................MMX P.M. ............January 3.1....................................... 1980 upon said petition under zoning by-laws. Present at the hearing were -the following members: Richard L...... Frank P. C n don ....... ........Heien W..Lntan.en.......................... ............................ �9.y............................ ...............................q..._q................................... Chairman .................................................................................. .................................................................................. ................................................................................ At the conclusion of the hearing, the Board took said petition under advisement.. A view of the locus was had by the Board. AppealNo..............L. B.Q.:-J..............................._....... Pahe .............2....... of ........................ On Janua.rY.....3�........................ 19 .80.........., The Board 'of Appeals found .................... . . . . . .................. Atty. Laurence Sullivan presented his petition before the Board and requested a special permit under Section P. of the Barnstable zoning by-laws to allow two professional offices at 438 South St. , Hyannis in a residence B-1 zoned district. The property in question is located next to the Hyannis Shell gasoline station and is now under a purchase and sales agreement with Atty. Russell Lucid who would have his law office in this dwelling and would rent out the second office. Mr. Lucid would live in the house in all probability and in total , there would be an attorney's office, a second professional office, and a family ink residence at this property. No one spoke in favor of or in objection to the petition and the Board took the matter under advisement. The Board voted unanimously to allow the petitioner a special permit to establish offices for two professional persons in accordance with the requirements of paragraph 26 of Section P. , Special Exceptions, at 438 South Street,, Hyannis in a residence B-1 zoned district. The following restrictions are imposed on this special permit. 1 . The existing driveway off South'Street leading to this property shall serve as the only ingress and egress to the property. 2. The professional office,use is limited to the main residential dwelling only, and the existing garage to the rear of the property shall remain as an allowed accessory use to a residence, only. U Clerk of the Town of Barnstable Barnstable I, ......... ..N...................... ............................ County; Massachusetts, hereby certify that twenty-one (21) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this .....�..�.`......... day of ......................... '. ................_........:. 19 �£'................. ........... under the pains and penalties of perjury. �. Distribution PropertyOwner ...............:.......................................................................................................................... Town Clerk Board of Appeals Applicant Town of Barnstable Persons interested �----� Building Inspector �.. Public Information liy .....................:.... ._.......... ...........� Board of Appeals Chairman r Yo. w ro`` BOARD OF APPEALS 7A"2TADL S i lAt PARTIES IN INTEREST = APPEAL NO. 1980-1 - LAURENCE W. SULLIVAN Edward J. Caracostas, Trustee Frank & Louise Cooper . Sossos & Santis Delis James F. & Helen B. Dunne John H. & Clara M. Eiler Alan J. Green Humble Oil & Refining Co. c/o Exxon Corp. John P. & Catherine V. Lyons William F. Jr. & Helen Naylor Joseph M. & Amelia N. Petrillo Pontiac Realty Corp.. Robert Salerno Daniel & :Anna V. Shea Shell Oil Company William C. Sperry, Jr. Sullivan, Anne L. & Maerti.ns Gustave R. & Willard, Priscilla c/o Willard, Priscilla Frank A. Sullivan Visiting Nurse Association of Central. Cape Theodore' J. Jr. & Kathryn W. Wehling c/o Robin S. Bryant & D.. D. Starke] Barnstable Planning Board Sandwich Planning Board Yarmouth Planning Board Mashpee Planning Board �t4t �t't 23 F11 Q 'L�2 r .a Town of Barnstablesa Planning Board oce of Public Hearing ]j j ; . 50 July 11, 2011, 7:15 P.M. - Town Hall,Second Floor Hearing.Room 367 Main Street, Hyannis, MA To all persons deemed interested in the Planning Board acting under Chapter 168 of the'Code of the r Town of Barnstable,Regulatory Agreements and the General Laws of the Commonwealth of Massachusetts, and the Zoning Ordinances of the Town of Barnstable, specifically Section 240-24.1 Hyannis Village Zoning Districts, you are hereby notified of a Public Hearing for:' Re ulatory Agreement 2011- 03 Beech Tree Alley,LLC Q43 eech Tree Alley,LLC is seeking a Regulatory Agreement to develop the properties located at 434 and 8 S uth Street, Hyannis MA as a parking.lot to be used as an accessory parking for the development at ain Street,Hyannis MA. Included in the proposal is a pedestrian,walkway connecting South Street with 599 Main Street. The 343 and 438 South Street lots are the lots to be regulated through this proposed Agreement. Those lots are located in the SF-Single Family Residential District of the Hyannis Village Zoning District and are shown on Assessor's Map 308 as parcels 280 and 123. The 599 Main Street lot is commonly known as the Beech Tree and is shown on Assessor's Map 308 as parcel 118 and, is zoned Hyannis Village,Business. The Regulatory Agreement seeks waivers from.the Barnstable Zoning Ordinances specifically: § 240-24.1.5.A-Permitted Uses to allow for the property to be used for a parking lot accessory to the Beach Tree lot on Main Street; § 240-24.1.5.B -Minimum Lot Area to allow the lot of less that 20,000,sq.ft.to be developed; § 240-24.1.5.B(1) - Minimum Green Space to allow development with less than the 10 foot perimeter planting area; § 240-24.1.5.C(2) -Site Development Standards to allow lighting that does not provided total cutoff at the property lines; §240-24.1.10.A(4)(a)[1] - Reduction of on-site parking requirements listed in 240-56; §240-24.1.10.A(4)(b)[1] -Location of Off-Street Parking to allow parking on a different lot than the business lot; §240-24.1.10.A(4)(c)(2)-to allow parking spaces with reduced dimensions; §240-24.1.10.A(4)(d)(2) and(3) - to develop the lot with less than the required 6 foot landscape buffer; §240-24.1.10.A(5)(c) -to eliminate or reduce the required 20-foot landscaped setback from all residential property lines; §240-51 and 52 -Location of parking spaces(not.located on same lot as use for which spaces are required) and to provide parking.spaces that are.less than 9 by 20 feet; § 240-53 -Landscape Requirements for Parking Lots to.allow for a reduction in the requirements; §240-63 Commercial Signs in a Residential District.to allow for a sign to be posted at the lot's entrance on South Street; and, in addition,the applicant is seeking waivers from compliance with Chapter 240,Article IX—Site Plan Review. The Applicant is requesting the Planning Board act on the behalf of the Site Plan Review Committee in approving this Regulatory Agreement. Copies of the application and plans are available for review in the Office of the Planning Board, 200 Main Street,Hyannis,MA between the hours of 8:30 a.m. to 4:30 p.m.,Monday through Friday. Barnstable Patriot Raymond Lang, June 24,2011 and July 1, 2011 Planning Board Chairman f Town of Barnstable Regulatory Services �� 0 Thomas F.Geiler,Director 3/ IR/� lARNSTABM = Building Division a r �F MASS. 1639• 61 Thomas Perry,Building Commissioner R/ 1 EDP 200 Main Street, Hyannis,MA 02601 ��� � 16 Office: 508-862-4038 Fax: 508-790-6230 June 23, 2011 Gail Hanley, Clerk Cape Cod Commission P. O. Box 226 Barnstable, MA 02630 RE: Jurisdictional Determination for Downtown Hyannis Regulatory Agreement "Beech Tree Alley"—434&438 South Street and 599 Main Street, Hyannis, MA Dear Ms. Hanley: I am writing pursuant to Cape Cod Commission Regulations; Chapter D, Development Agreement Regulations Governing the provisions for Development Agreements, Barnstable County Ordinance 92-1, as amended through July 19, 2005, Section 6(b), and Chapter 168 of the Barnstable Code. The Town has received a request for a regulatory agreement for property located at 434&438 South Street, Hyannis, Massachusetts. The proposal is to seek relief required to permit development and uses of 434 Main Street for accessory parking to the Beech Tree development at 599 Main Street, Hyannis. Included in theproposal is a pedestrian walkway connecting South Street with 599 Main Street over the adjacent lot addressed 438 South Street. 434 &438 South Street lots are located in the SF - Single Family Residential District of the Hyannis Village Zoning District and the proposed use is not authorized in that district. A copy of the Regulatory Agreement Application is enclosed for your files. I have determined that the proposed development is not a Development of Regional Impact at this time for the following reasons: ■ The proposed development does not meet or exceed one or more of the Cape Cod Commission mandatory thresholds for review as a Development of Regional Impact as set forth in the Cape Cod Commission Enabling Regulations, Chapter A, Section 3. ■ The proposed development is located in the Hyannis Growth Incentive Zone (GIZ) as approved by the Cape Cod Commission by decision dated April 6, 2006, and the proposed development is included within the area authorized by Barnstable County Ordinance 2006-06 establishing a cumulative development threshold within the GIZ, under which this development may proceed. r In addition,the project does not meet or exceed the DRI Thresholds established under Condition #G9 of the Cape Cod Commission Decision authorizing the Downtown Hyannis Growth Incentive Zone, dated April 6, 2006, as follows: 1. The project is not an addition or expansion associated with the Cape Cod Hospital. 2. The project is not a proposed demolition or substantial alteration of an historic structure or destruction or substantial alteration to an historic or archaeological site listed with the National Register of Historic Places or Massachusetts Register of Historic Places, outside a municipal historic district or outside the Old King's Highway Regional Historic District; 3. The project does not provide facilities for transportation to or from Barnstable County, including but not limited to ferry, bus,rail,trucking terminals, transfer stations, air transportation and/or accessory uses, parking or storage facilities, and any auxiliary or accessory uses are not greater than 10,000 s.f. of Gross Floor Area or 40,000 s.f. of outdoor area; and i 4. As represented by the applicant,the project does not require an Environmental Impact Report under MEPA. Please contact me if you have any questions regarding this matter. Sincerely, j Thomas Perry Building Commissioner Copy: Planning Board Jo Anne Miller Buntich,Director of Growth Manangement Attorney Steven J.Pizzuti BIKE rq SARMTARLE, - MARS. - - - Town of Barnstable Planning Board Application for Regulatory Agreement (Attach additional,sheets if necessary) A regulatory agreement is a contract between the applicant and the Town, under which the applicant may agree to contribute public capital facilities to serve the proposed development and the municipality or both, to.build fair affordable housing, to dedicate-or reserve land for open-space community facilities or recreational use, or to contribute funds for any of these purposes. The regulatory agreement shall establish the permitted uses, densities, and traffic within the development, the duration of the agreement, and any other terms or conditions mutually agreed upon between the applicant and the'Town. A regulatory agreement shall vest land use development rights in the property for the duration of the agreement, and such rights shall not be subject to subsequent changes in local development ordinances. .' For office use only: RA# Date Received Town Clerk: Days Extended: Hearing Dates: Dated Submitted to Town Council The undersigned hereby applies to the Planning Board of the Town of Barnstable for a Regulatory Agreement; in the manner and for the reasons set forth below: 1. Applicant Name': Beech Tree Alley, LLC Phone: (508) 539-1124.(Philip Miller) Applicant Address: 766 Falmouth Road, Madakat Place, D-20, Mashpee, MA 02649 Applicant Email Address: Phil(a-)millerstarbuck.com Project Name: Beech Tree Alley Property Location: 434 South Street, Hyannis and 438 South Street being accessory to 599 Main Street Hyannis If applicant differs from owner, state nature of interests ` r The Applicant currently under contract to purchase 434 South Street. Hyannis subject to an acceptable Regulatory Agreement. 2. Owners of Record. Provide the following information for all involved parcels (attach additional sheets if " necessary): ` Owners Land Ct Lot& Registry of Deeds #Years Map/Parcel Name Certif. of Title# Plan Book/Page# Owned 308/280 Allen White Tr. 2 on Plan 301/1 18818/344 7 308/123 Allen White 1 on Plan 301/1 18818/342 7 ' The Applicant Name will be the entity in whose name the Regulatory Agreement will issue. 2 If the applicant differs from owner;the applicant is required to submit one original notarized letter authorizing the application,a copy,of an executed purchase&sales agreement or lease, or other documents to prove standing and interest in the property. 2 May.18, 2007 Owners Contact information (if different from applicant) Name Address Phone number Email Steven J. Pizzuti, Esg. 336 South street, Hyannis MA 02601 (508) 771-1911 steven(dpizzutilaw com 3. List all Zoning District(s)within which the property is located: Single Family Residential (SF)District in HVD 4. Is this project located within the Groundwater Protection Overlay District? Yes [ ] No[X] 5. Is this project located within the Hyannis Main Street Waterfront Historic District? Yes [X)] No [ ] 6. Does this project involve the demolition or alteration of a building or structure, or any portion of any building or structure, created on or before 1933? Yes [ ] No [X]] 7. Is this proposal subject to the jurisdiction of the Conservation Commission? Yes [ ] No.[X 8. Is this proposal subject to the jurisdiction of the Board of Health? Yes[ ] No [X] 9. Is the Cape Cod Commission a party to the proposed Regulatory Agreement? Yes [ } No [X] 10. Total land area subject to the Regulatory Agreement: 12,622'square feet Total land area upland: 12,622 Total land area wetland: -0 11. Total estimated cost of construction: $100,000 12. Existing Development—Describe existing buildings including number of buildings, Gross Floor Area of each building, height of each building and uses in each building (include Gross Floor Area of each uses vacant land 13. Existing Residential Uses: Provide existing density(units per acre), number of total*residential units, number of market rate units, number of affordable units counted in the Town's DHCD inventory, and number of workforce units deed restricted, together with the number of bedrooms contained in each unit( also identified by market, affordable and workforce), and a description of which building said units are located (if more than one residential building exists on site): None 14. General Description of proposed agreement: The Applicant seeks to construct a parking area and pedestrian walkway connecting Main Street with South Street which will provide access to the historic beech tree located at 599 Main Street. The Applicant intends to create a "lifestyle center" on the Beech Tree property which will include a restaurant, a coffee/yogurt shop as well as a retail facility. The applicant will install a shell parking area with attractive lighting and landscaping The Applicant is committed to the investment in the west end of Main Street which with the.Planning Board's indulgence will help revitalize the area so that all business surrounding the project will prosper.: Proposed Level of Development-Number of Buildings: -0- Proposed Use(s): parking lot and walkway accessory to a Business Use Height of Proposed Uses: n/a Density of Proposed Uses: n/a 3 070517 15. List all zoning relief sought under the regulatory agreement, including a reference to each section of the zoning ordinance under which the applicant seeks relief.(Note: This information will form the basis of the legal advertisement for public hearings on this application and should include all relief that may be required to construct the project. Failure to list all required relief may result in an inability to approve the application and may result in the need to re-advertise the.public hearing(s) on the application.): 240-24.1.5(A)(1) Principal permitted uses (parking facility with walkway) 4240-24.1.5(B) Minimum Lot Area less than 20,000 square feet §240-24.1.5(13)0) Minimum -green space perimeter(less than 10 feet) 4240-24.1.10(A)(4)(a)[11 Reduction of on-site parking requirements listed in 240-56 §240-24.1.10(A)(4)(b)f11 Off-street parking on different lot` §240-24.1.10(A)(4)(c)(2) less than minimum dimension of parking spaces §240-24.1.10(A)(4)(d)(2) and (33) less than required six foot buffer §240-24.1.10(A)(5)(c) less than required 20 foot setback as required in SF zone §240-51 Location of parking spaces (not located on same lot as use for which spaces are required) 4240-52 AN)-Parking spaces less than 9 by 20 feet §240-53 A(2)-Landscape setbacks less than 15 feet(required building side and rear setback) §240-53 BO)-Reduced Landscape Buffer to less than 10 §240-53 B(3)-No screening abutting residential property 240-63-Commercial si n in residential district §240 IX1-Site Plan Review exemption §240-125 B(1)(c)—Waivers from the reguirement`to obtain variances as needed 16. List all relief sought from general ordinances, rules and/or,regulations of the Town of Barnstable, including a reference to each section under which the applicant seeks relief(Note: This information may form the basis of the legal advertisement for public hearings on this application and should include all relief that may be required.to construct the project. Failure to list all required relief may result in an inability to approve the application and may result in the need to re-advertise the public hearing(s) on the application.). 001-12 F(1)-Accessing parcel not over legal frontage 4 May 18, 2007 17. List the state and/or Federal Agencies from'which permits, funding, or other actions have been/will be sought: none 18..Proposed duration of the Regulatory Agreement(Note: By law, the agreement cannot exceed 10 years. The duration of the agreement limits the amount of time during which the applicant may seek to obtain development permits to construct the development. All conditions and terms of an executed agreement are on- going obligations of the parties.that shall be honored in perpetuity once the applicant exercises development rights under the Regulatory Agreement): 10 years 19. A description of the public facilities and infrastructure to service the development, including whom shall provide such facilities and infrastructure, the date any new facilities will be constructed, a schedule and a commitment by the party providing such facilities and infrastructure to ensure public facilities.adequate to serve the development are available concurrent with the impacts of the development: The applicant agrees to improve the public walkway between assessor map 308 parcels 68 and 72 leading from the north side of Main Street to the public parking lot The Applicant further agrees to landscape the walkway and maintain it for the duration of the Regulatory Agreement. 20. A description of any reservation or dedication of land for public purposes: none 21. Description of Construction Activity.(if applicable),including any demolition, alteration or rehabilitation-of existing buildings and a description of building(s)to be demolished, altered or rehabilitated: no buildings will be demolished Attach additional sheet if necessary 22. Submission Requirements: The following information must be submitted with the application at the time of filing, failure to do so may result in a denial of your request. Plan Submissions: All Plans submitted with an application shall comply with the requirements of Section 240-102 of the Zoning Ordinance. In addition, the following shall be provided: • Twelve (12)copies of the completed application form, each with original signatures. • Eight(8) copies of a 'wet sealed' certified property survey(plot plan) and twelve (12) reduced copies (8.1/2"x . 11" or 11"x 17") showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land: 5 070517 r i • Twelve (12) copies of a proposed site improvement plan and building elevations and layout as may be required plus twelve (12) reduced copies (8 1/2" x 11" or 11" x 17").of each drawing. These plans must show the exact location of all proposed improvements and alterations on the land and to the structures. Other required submissions: ` • Review Fee(s) payable by certified check to the Town of Barnstable. • Deed(s) or Purchase and Sale Agreement(s) for all involved parcels. • Proof of filing of a Project Notification Form with the Massachusetts Historical Commission if the project is located outside of the Hyannis Main Street Waterfront Historic District. 23. Other: The applicant may submit additional supporting documents to assist the Board in making its determination. All supporting documents must be submitted eight days prior to the public hearing for distribution to the Board. /. Signature: Date: June 23. 2011 (&PliaAor epr entative's Signature ' Print Name Steven J. Pizzuti Representative's3 336 South Street Phone: (508) 771-1911 Address: Hyannis, MA 02601 Fax No.:.. (508) 790-0800 3 Note: All correspondence on this application will be,processed through the Representative named at that address and phone number provided: Except for Attorneys, if the Representative differs from the Applicant/Owner, a letter authorizing the Representative to act on behalf of the Applicant/Owner shall be required. 6 May 18,,2007 oFVE ti The Town of Barnstable ^� Planning Board s63¢ ♦0 mac " 200 Main Street,Hyannis,MA 02601 Office: 508-8624786 Fax: 508-862-4725 JURISDICTIONAL DETERMINATION FORM for Proposed Regulatory Agreements Pursuant to Section 168 of the Barnstable Code, this Jurisdictional Determination Form establishes whether an applicant may enter into a two-party Regulatory Agreement with the Town of Barnstable. This form shall be submitted to the Barnstable Building Commissioner. The Barnstable Building Commissioner shall, at his or her sole discretion, determine when a Jurisdictional Determination Application is complete and will contact the applicant when a determination has been made. The Building Commissioner may request additional information if necessary. A project proponent may seek to enter into a Regulatory Agreement WITHOUT the Cape Cod Commission as a party if the proposed project is NOT the type of project .excluded from the Hyannis Growth Incentive Zone (GIZ) cumulative threshold. (Stated another way, the Cape Cod Commission must be a party to the Agreement if the project is the type that does not qualify for the GIZ cumulative threshold.) As required by Section 168, a copy of this Jurisdictional Determination Form will be forwarded to the Cape Cod Commission. w*w,t+r,rwtttttrttwf.wk,ry.www*w,ww www twwwwwww*www w w wwww w+tw wwww•kwwwwwtitt**ww,ewwwwwwtiwwwwwww,►wwwwwwwwwwwirwwwwwww .Submit three (3) copies of the following to the Barnstable Building Commissioner: (1) This Jurisdictional Determination Form, and (2) the Required Filing Materials set forth below. Please note that Jurisdictional Determination Forms do not require the submission of an abutters list. Applicant/Owner Information Applicant Name':Beech Tree Alley LLC Phone9508) 539-1124 (Philip Miller Applicant Address:766 Falmouth Road Madakat Place,D-20 Mashpee MA 02649 Applicant Email Address:PhiI@millerswbuck.com Property Owner(if different):Allen White Trustee and individually Phone: (5081775-1146 ` Address of Owner(if different):405 South Street Hyannis MA 62601 ' The Applicant Name will be the entity in whose name the R a o_ Bement will issue. 59. nit PEWfessiona d.)-wrd•_a d t1*fr?6 tri'M cwdh6 SY I th7j r 1f,::; i%E I'•?f:SS C t 63 i If applicant differs from owner, state nature of interest:2 Applicant currently has the property under agreement with the Owner Property Information Property Assessor's Map/Parcel Number(s): 308/280 and 308/123 Property Address:434 and 438 South Street, Hyannis, MA 02601 Deed Recording: Book 18818, Page 344 and Book 18818, Page 342 Plan Recording: Plan Book 301 Page 1 Zoning District: (SF) Number of Years Owned: 7 Total land area subject to the Regulatory Agreement: 12,622 square feet Project Information Project Name: Beech Tree Alley Regulatory Agreement Requested: The Applicant seeks to construct a parking area and pedestrian walkway connecting Main Street with South Street which will provide access to the historic beech tree located at 599 Main Street-The Applicant intends to create a"lifestyle center"on the Beech Tree Property which will include a restaurant, a coffee/yogurt shop as well as a retail facility The applicant will install a shelf parking area with attractive lighting and landscaping The Applicant is committed to the investment in the west end of Main Street which with the Plannin Board's indulgence will help revitalize the area so that all business surrounding the pro@ect will grosper. Gross Floor Area3 of all existing buildings: not applicable 2 If the applicant differs from owner,the applicant will be required to submit one original notarized letter authorizing the application,a copy of an executed purchase&sales agreement or lease,or other documents to prove standing and interest in the property. 3 For these purposes Gross Floor Area is defined as: "The sum of the area of all floors within the perimeter of a building, located either above or below ground level, except underground parking within the structure and accessory to the principal use shall not be included in the total gross floor area. Gross Floor Area shall be expressed in square feet and measured from the exterior face of the exterior walls, or the centerline of shared walls. It shall include all floor levels including basements, mezzanines and attics without deduction for hallways, stairways, elevator shafts, mechanical rooms,'closets, thickness of walls, columns or other similar features. Outdoor areas used for storage, sales, service and display shall also be included in the total Gross Floor Area." -2- nit P'',` 5pessiona d•:srrd_.,:I th-frae trial color at Gross Floor Area of all proposed demolition: not applicable Gross Floor Area of all new buildings: notappligable Net Gross Floor Area of buildings/structures: not applicable If more than one land use is proposed, Gross Floor Area of each proposed use with a brief description of each use: not applicable Total number of residential units proposed: none Qualification to Proceed Without Cape Cod Commission Participation 1. is the project to ted within the Hyannis Main Street Waterfront Historic District (HMSWHD)? YesA No ❑ If the project is NOT located within the HMSWHD, does the project propose demolition or substantial alteration of an historic structure or destruction or substantial alteration to an historic or archaeological site listed with the National Register of Historic Places or Massachusetts Register of Historic Places? If yes, explain what, if any, part of the structure or site is proposed to be demolished or substantially altered and the nature of the proposed alteration: 2. Is the project an addition or expansion associa ed with the Cape Cod Hospital that meets or exceeds a DRI threshold? Yes ❑ NoA 3. Does the project provide facilities for transportation to or from Barnstable County, including but not limited to ferry, bus, rail, trucking terminals, transfer stations, air transportation and/or accessory uses, parking or storage facilities, and any auxiliary or accessory uses greater than 10,000 s.f. of Gross Floor Area or 40,000 s.f. of outdoor area? Yes ❑ Nox 4. Does the w ect require the filing of an Environmental Impact Report under MEPA? Yes ❑ Noe Required Filing Materials Created with it ess'onal Ithafr-atrial r.nlineat df_c,:.rn j,r':fcs c•naI ❑ 1. Existing Conditions Plan. if requested by staff, submit an Existing Conditions Plan that illustrates existing site characteristics, including man-made and natural features, following Plan Size Requirements and General Requirements listed in 2(a) and 2(b) below. ❑ 2. Proposed Development Plans. Unless otherwise directed by staff, submit three 3 copies of proposed development plan(s) as follows: (a) Plan Size Requirements. For each plan submitted, provide each of the following: ❑ Copy of'plan(s)sheet size 24"x 36" ❑ Copy of plan(s) reduced to fit sheet size 11"x 17" (b) General Requirements. • All site plans should be drawn at a scale of 1" = 40'; however other scales which provide sufficient detail are acceptable. • If the plan requires more than one sheet, a cover sheet at the scale of 1"= 200' showing the entire property must be included. • Include a locus map at 1:25,000 scale with the outline of the entire property clearly shown. • All building plans should be drawn at a scale of 1/4"= 1'. • Legal Data to Appear on ALL Submitted Plans, as appropriate: ❑ 1. Name and address of applicant and authorization of owner if different from applicant. ❑ 2. Name and address of owner(s) of record, if different from applicant. ❑ 3. Name and address of person or firm preparing the plan. ❑ 4. Current zoning classification of property, including exact zoning boundary if the development site is in more than one district. ❑ 5. Property boundary line plotted to scale. Distances, angles, and area should be shown. ❑ 6. North arrow, scale, and date. ❑ 7. Property lines and names of owners of adjoining parcels. ❑ 8. Location, width, and purpose of all existing and. proposed easements, setbacks, reservations, and areas dedicated to public use within and adjoining the property. ❑ 9. Date.of plan(s) and subsequent revisions. ❑ 10. Plans must be stamped with original stamp of registered architect, landscape architect, or professional engineer, as appropriate. ❑ 3. Where there is a reasonable argument that the project is one that requires the Cape Cod Commission as a party, provide documents and analysis supporting the proposal that the project is NOT the type of project that requires Cape Cod Commission participation. ❑ 4. Copy of application(s) for any development permit(s) filed with Municipal Agency(ies) with filing date of such application(s). Created with -4- AT nitro Pg9f e s i o n l �•=r:ril,�+,�th.:fr,<e triAl o.nh k�et niirpj.:lt::•n (.t_f s i• i Signature The undersigned intends to file Regulatory Agreement Application with the Planning Board of the Town of Barnstable for a Regulatory Agreement, in the manner and for the reasons set fort ove: Signature: ppli nt pp ca�Reentative Print: Steven J. Pizzuti Esquire Signed by: ❑Applicant x Applicant's Representative Date: June 23, 2011 Mailing Address of Applicant(s) or Applicant's Representative 336 336 South Street Hyannis, MA 02601 Email Address of Applicant(s) of Applicant's Representative steven@lpizzutilaw.com IMPORTANT NOTE: Please contact the Growth Management Department at (508) 862-4725 if you have any questions or require assistance in completing this application form. C:rp.;C�d With -5- r„�' PDF'r� Sr11 p7 , • rli rl:, -1+1:-fi`--a rii I�,•I� � znr.;j:;,af r7.`3:=t-cif eirvierl STANDARD FORM PURCHASE AND SALE AGREEMENT FROM IIE OFFICE OF: (Vacant Land)Revised 3/7111 TheodoreA shlllling,PC 1185 Falmouth Road CenbMille,MA 02632 508 775 0700; FAX 775 0792 tas@lawcapecod.00m Thisr File#5895 day of May, 2011 1. PARTIES ALLEN 3.WHITE,TRUSTEE,HOMESTEAD REALTY TRUST u/d/t dated April 1, 1986,as AND MAILING amended,of 405 South Street, Hyannis,Massachusetts 02601 ADDRESSES hereinafter called SELLER, agrees to SELL and BEECH TREE ALLEY,LLC of 766 Falmouth Road, Madakat Place, 0-20, Mashpee,MA 02649 hereinafter called the BUYER OR PURCHASER, agrees to BUY, upon the terms hereinafter set forth,the following described premises: 2. DESCRIPTION A certain parcel of vacant land situated at 434 South Street, in Barnstable (Hyannis), Cindude title Barnstable County, Commonwealth of Massachusetts 02601. Shown as LOT 2 on • reference) Barnstable Plan Book 301 Page 1. For title see Deed recorded at Barnstable Registry of Deeds in Book 18818, Page 344. Also shown on Assessors'Map 308, Parcel 280. 3. BUILDINGS, Included in the sale as a part of said premises-are fences, gates,trees, shrubs, and plants. STRUCTURES, (Vacant land) IMPROVEMENTS &FIXTURES (fill in or delete) 4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, *rndude here by or to the nominee designated by the BUYER by written notice to the SELLER at least seven specific references any calendar days before the deed is to be delivered as herein provided. and said deed shall convey restrictions,easements, a good and clear record and marketable title thereto free from encumbrances except:rights and obligations in g r party watts not included (a) Provisions of existing building and zoning laws; in(b),leases,municipal (b) Existing rights and obligations in party wails which are not the subject of written agreement; and other liens,other (c) Such taxes for the then current fiscal year as are not due and payable on the date of the encumbrances,and make y P y provision to protect delivery of such deed: sELLER againstauyERS (d)Any liens or municipal betterments assessed after the date of this agreement; breach of SELLER'S (e) Easements, restrictions and reservations of record, if any,so long as the same do not covenants in leases, prohibit or materially interfere with the current use of said premises: ,where necessary *M 5. PLANS If said deed refers to a plan necessary to be recorded therewith,the SELLER shall deliver such plan with the deed in form adequate for-recording or registration. 6. REGISTERED In addition to the foregoing, if the title to said premises is registered, said deed shall be in form TITLE sufficient to entitle the BUYER to a Certificate of Tide of said premises, and the SELLER shall deliver with said deed all instruments, if any,,necessary to enable the BUYER to obtain such Certificate of Title. C.re.jrrJ with nl#t P°F rofess'onal, P &:, nl•_ad th<frae trizl onlA�a�t nitn:i:,:af.,::•r�;.,r f saoi,al 7. PURCHASE The agreed purchase price for said premises is PRICE ;, of which have been paid as a deposit this day and paid with Offer dated 00/00/2006 Seller financing (see attached Note&first Mortgage)to be signed by Seller Individually and Nominee(if applicable)jointly and severally are.to be paid at the time of delivery of the deed in cash, or by certified, cashiers,treasurer's or bank check(s),or Attorney MA IOLTA check. TOTAL 8. TIME FOR Such deed is to be delivered at 11,00 AM on the 29n' day of August, 2011 or 10 business PERFORMANCE; day following written notice of final Development agreement with Town of Barnstable approval DELIVERY OF whichever is sooner at the Law Office of Steven J. Pizzuti, 336 South street, Hyannis, MA 02601, DEED unless otherwise agreed upon in.writing. It is agreed that time is of the essence or this agreement. 9. POSSESSION& Full possession of said premises free of all tenants and occupants is to be delivered at the time CONDITION OF of the delivery of the deed, said premises to be then (a) in the same condition as they now,are, PREMISE reasonable use and wear thereof excepted, and (b) not in violation of said building and zoning (attach a list of laws, and (c) in compliance with provisions of any instrument referred to in clause 4 hereof.The exceptions,if any) BUYER shall be entitled personally to inspect said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause. 10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the PERFECT TITLE premises, all as herein stipulated, or if at the time of the delivery of the deed the premises do OR MAKE not conform with the provisions hereof, then the SELLER shall use reasonable efforts to remove PREMISES any defects in title, or to deliver possession as provided herein, or to make the said premises CONFORM conform to the provisions,hereof, as the case may be, in which event the SELLER shall give (change period of written notice thereof to the BUYER at or before the. time For performance hereunder, and time.if desired). thereupon the time for performance hereof shall be extended for a period of thirty calendar days, provided such reasonable efforts do not require Seller to expend more than $1,500.00 which figure does not included Buyer securing regulator approval. 11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects PERFECT TITLE in title, deliver possession or make the premises conform, as the case may be, all as herein OR MAKE agreed. PREMISES CONFORM,etc. 12. BUYER'S The BUYER shall have the election, at either the original or any extended time for performance, ELECTION TO to accept such title as the SELLER can deliver to the said premises in their then condition and to ACCEPT TITLE pay therefore the purchase price without deduction, in which case the SELLER shall convey such title. 13, ACCEPTANCE The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to OF DEED be a full performance and'discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of-said deed. Cre_�iteA with * PDF` y nitfa professional 2 downh.�d tfiefr-e trI rplir e�i nitrOj i{,:e•r>>prrfssFural 25.WARRANTIES& The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction REPRESENTATIONS nor has BUYER relied.upon any warranties or representations not set forth or incorporated in this if none,state agreement or previously made in writing, except the following additional warranties and "none',if any listed, representations. if any, made by either the SELLER or the Broker(s): indicate by whom each warranty or representation was NONE made 26.MORTGAGE Intentionally Omitted CONTINGENCY CLAUSE (omit if not provided for in offer to Purchase) 27. This instrument executed in multiple counterparts, is to be construed as a Massachusetts CONSTRUCTION contract, is to take effect as a sealed instrument, sets forth the entire contract between the AGREEMENT parties, is binding upon and ensures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be canceled, modified or amended only by a written instrument executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter or convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 28. LEAD PAINT N/A LAW 29. SMOKE N/A DETECTORS 30. ADDITIONAL The initiated riders, if any,attached hereto, are incorporated herein by reference. PROVISIONS SEE RIDER 1 ATTACHED HERETO AND MADE A PART HEREOF. SEE NOTE AND MORTGAGE ATTACHED HERETO AND MADE A PART HEREOF ATTACHED HERETO AS EXHIBITS"A"AND"B" SALE SUBJECT TO SATISFACTORY 21E ENVIRONMENTAL ASSESSMENT INSPECTION WHICH SHALL BE THE SOLE COST OF THE BUYER. NOTICE: This is a legal document that creates binding obligations. If not understood, consult an attorney. BUYER(S): SELLER(S): Beech Tree ALLEY,LLC HOMESTEAD TY TRUST -- P LIP MI LER, Manager �HrM,,TRUSTEE • : BROKER(S): THE BUSINESS EXCHANGE,LLC By: c_re t.E,d tr;ith 4 nitrQPi?F professional v>rlL ithefr-a trial cofirir erjitr_N,t 5t'pr, f ssicioaI RIDER I TO PURCHASE AND SALE AGREEMENT SELLER: ALLEN J.WHITE,TRUSTEE HOMESTEAD REALTY TRUST BUYER: PHILIP MILLER PREMISES: 434 SOUTH STREET,HYANNIS,MA 02601 31. TITLE TO PREMISES: Buyer's performance hereunder is conditioned upon title to the premises being insurable at standard rates on a standard ALTA form B insurance policy by companies licensed to do-business in the Commonwealth of Massachusetts without exception for any matters not expressly permitted hereunder, or permitted by Standard Conveyance Practices of the Real Estate Bar Association of Massachusetts. 32. TITLE STANDARDS: It is understood and agreed by the parties that the premises shall not be in conformity with the title provisions of this Agreement unless: a) All buildings, structures,septic systems and.improvements, if applicable,and all means of access to the premises,shall be located completely within the boundary lines of said premises and shall not encroach upon or under the property of any other person or entity; 2) No building, structure or improvement of any kind belonging to any other person or entity shall encroach upon or under said premises;and 3) The premises shall abut a public way,duly laid out or accepted as such by the city in which said premises are located,or have indefeasible legal access to same. 33. TIME INSURANCE AFFIDAVIT: At closing, Seller shall execute and deliver to Buyer's title insurance company an affidavit in the standard form of said company with respect to(a)mechanics'or materialmen's liens with regard to the premises; and(b)there being no parties in possession of or entitled to possession of the premises;and(c)shall execute and deliver all other documents reasonably required by Buyer's Lender. 34. NON-FOREIGN RESIDENT AFFIDAVIT: Seller shall execute and deliver at the closing or before written certification of non-foreign status under the Foreign Investment in Real Estate Property Act (Section 1445 of the Internal Revenue Code). The Seller warrants that the Seller is not a non-resident alien for the purpose of this Act and that no withholding of any tax is required as part ofthis sale,or,if required that such tax has been or shall be paid at the time of closing. The Seller shall execute and deliver any other document reasonably requested by the Buyer's bank or bank counsel at the time of closing,including a standard 1099-S Internal Revenue Reporting Form or a Certification For No Information Reporting On The Sale Or Exchange of a Principal Residence Form. C=t'B�T.'rC�Yy'it�l nitr+oP°F*professional . d�+nl+:.�dthtfr-ztril �nlinaairitrap;at.:c,r7.+"rnfrion.al. l RIDER 1 -PAGE 2 TO PURCHASE AND SALE AGREEMENT 35. NOTICE: Any legal notices given by either party hereunder shall be deemed to have been duly given if in writing and delivered by hand or mailed,postage prepaid,by registered or certified mail,return receipt requested, or by Federal Express or Express Mail addressed to the parties as shown on Paragraph 1 of the agreement,or by facsimile transmission to the attorneys at the facsimile numbers designated below: in the case of Seller: Law Offices of Theodore A. Schilling,P.C. Theodore A. Schilling,Esquire 1885 Falmouth Road Centerville,MA 02632 TEL: 508 775 0700 FAX: 508 775 0792 in the case of Buyer: Steven J.Pizzuti Esquire 336 South Street Hyannis,MA 02601 TEL: 508 771 1911 FAX 508 790 0800 Each party hereby appoints their attorney as stated above to be their lawful attomey-in-fact for the purposes of the execution of extensions to time limitations set forth in this Agreement. 36. INTENT TO EXCHANGE:It is the intent of Seller(Exchanger)to utilize this transaction as part of a tax deferred exchange as provided in Internal Revenue Code Section 1031, as amended and the treasury regulations promulgated thereunder. 37. EXCHANGE COOPERATION CLAUSE:Buyer hereby acknowledges it is the intent ofthe Seller to affect an IRC Section 1031 tax deferred exchange which will not delay the closing or cause additional expense to the Buyer. The Seller's rights under this Agreement may be assigned to a Qualified Intermediary, for the purpose of completing such an exchange. Buyer agrees to cooperate with the Seller and the Qualified Intermediary in a manner necessary to complete the exchange. 38. EXCHANGE: Purchaser hereunder desires to exchange other property of like kind and qualifying use within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder,for the fee title in the property which is the subject of this contract. Purchaser expressly reserves the right to assign its rights and interest, but not its obligations,hereunder to a qualified intermediary as provided in Reg. 1.1031(k}1(g)(4)on or before the closing date and Seller hereby assents to any such assignment by Purchaser. Seller agrees to cooperate with Purchaser or its assignee in order to complete a qualifying like kind exchange for the benefit of Purchaser, provided that Seller shall incur no liability, cost or expense in connection therewith. RIDER I -PAGE 3 !JrN�t�.l ts�th nitro professional x , }• dtw rvLz;�thefi,,triM ;nlh rar nMaH,<it{:,rol t}f'•IY ;uGrial i TO PURCHASE AND SALE AGREEMENT 39. Subject to a satisfactory 21 a environmental assessment inspection which shall be the sole cost of the Buyer. 40. Subject to the Seller(White)acting as a consultant to assist Buyer in obtaining state and local permits necessary for proposed project. This agreement is contingent upon Buyer obtaining a satisfactory Regulatory Agreement from the Town of Barnstable so as to conduct Buyer's proposed enterprise on the Premises. In the event that Buyer has not received a Regulatory Agreement within six(6) months from the date of this Agreement that is satisfactory to Buyer,then Buyer may extend this contingency and closing date up to four (4) months with notice to Seller. If after the extended time period., Agreement Buyer still has not received the said Regulatory Agreement,then Buyer may terminate this Agreement and all deposits shall be forthwith refunded. In the event that a said Regulatory Agreement is issued by the Town of Barnstable,the Buyer and Seller shall share equally in the cost to satisfy the public benefit requirement pursuant to the governing regulation. 41. BUYER RESPONSIBILITY: It is the sole responsibility of the Buyer to perform due diligence. Buyers are advised to seek counsel from an Attorney, Certified Public Accountant,and any other parties necessary to make an informed decision regarding the purchase of this property and/or business. It is understood that all information pertaining to this property or business, financial or otherwise,provided by Seller to the Buyer,are exclusively representations of the Seller, and Seller shall not be held liable for their content or accuracy. Buyer and Seller jointly agree to hold Seller and/or its agents harmless for any misrepresentations or omissions made by the Seller or his /her agents. 42. NON-CIRCUMVENTION: Buyer agrees NOT to circumvent or disclose the details of this transaction, in any manner. Information relating to the purchase and sales agreement and any other item or conditions shall not be disclosed by Seller or Buyer to anyone other than their professional advisors involved in the closing process. 43. SELLER SOLICITATION: It is agreed that Seller will not entertain directly or indirectly,solicit or encourage,any inquiries or proposal from,or participate in any discussions,or negotiations with,or provide any information to any third party with respect to the potential sale,transfer,merger or similar transaction involving the property/business to be purchased,or any associated property or assets until earlier of satisfactory completions of the contract. 44. ACCESS: . Buyer and/or Buyer's agent shall have the right of access to the Premises prior to the closing for purposes of conducting engineering or testing upon reasonable notice to Seller or Broker and provided that such access shall be coordinated through and be in the presence of Seller or Broker. c ire a ted With nits lP'profess'onal dcwYn.;-_,dthefr=etrQJrird0i7-atnitr,:.N•:Ifr;;ria?E7raf s<_;cnai i RIDER 1 -PAGE 4 TO PURCHASE AND SALE AGREEMENT , 45. ASSIGNMENT: The Seller acknowledges that Buyer intends to assign this contract or otherwise take title to the Property in a related company to Buyer. Notwithstanding anything contained in the Agreement to the contrary, Buyer may assign this Agreement to an entity in which Buyer has a financial or otherwise tangible interest. 46. This Agreement is contingent upon Allen J.White,individually,or the record owner of Lot 1 on Plan 301, Page 1 granting to the Buyer a good and marketable easement for access purposes over that portion of Lot 1 as shown on Exhibit C attached which easement shall be appurtenant pp ant to Lot 2 on said plan. 45. This agreement is contingent upon Seller securing a discharge of mortgage from TD Bank for no payment within ten(10)days from the date of this Agreement. . SELLER: BUYER: Homestead Real Trust Beech Tree Alley,LLC By: By: kil Allen J.Whirnlvy and— Allen ;,/u, P xp Miller,Manager individually as to P-W ph(46 y� BROKER: The Business Exchange,LLC 1 �rapt E�3;,itlt nitro profession 1 d,r.rd•saridl�fr-�tiI a,lii5��tnitrr,H,clf. ,n�-E,rcn_ssir.ral A TOI Olt � 1�15TLE fir`t h 1.:.'. •; Town of Barnstable Planning Board 'N dice of Public Hearing`, , °_} 29 NMI { ' July 11, 2011, 7:15 P.M. Town Hall, Second Floor Hearing Room 367 Main Street,Hyannis, MA To all persons deemed interested in the Planning Board acting under Chapter 168 of the Code of the Town of Barnstable,Regulatory Agreements and the General Laws of the Commonwealth of Massachusetts, and the Zoning Ordinances of the Town of Barnstable, specifically Section 240-24.1 Hyannis Village Zoning Districts,you are hereby notified of a Public Hearing for: Regulatory Agreement 2011- 03 Beech Tree Alley,LLC Beech Tree Alley,LLC is seeking a Regulatory Agreement to develop the properties located t 43., iida '438 South Street,Hyannis MA as a parking lot to.be used as an accessory parking for the deve en at 599 Main Street,Hyannis MA. Included in the proposal is a pedestrian walkway connecting South Street with 599 Main Street. The 343 and 438 South Street lots are the lots to be regulated through this proposed Agreement. Those lots are located in the SF Single Family Residential District of the Hyannis Village Zoning District and are shown on Assessor's Map 308 as parcels 280 and 123. The 599 Main Street lot is commonly known as the Beech Tree and is shown on Assessor's'Map 308 as parcel 118 and is zoned Hyannis Village Business. The Regulatory Agreement seeks waivers from the Barnstable Zoning Ordinances specifically § 240-24.1.5.A-Permitted Uses to allow for the property to be used for a parking lot accessory to the Beach Tree lot on Main Street; § 240-24.1.5.B -Minimum Lot Area to allow the lot of less that 20,000 sgft to be developed § 240-24.1.5.B(1) - Minimum Green Space to allow development with;less than,the 10 foot perimeter planting area; § 240-24.1.5.C(2) -Site Development Standards to allow lighting that does not provided total cutoff at.the property lines; §240-24.1.10.A(4)(a)[1] - Reduction of on-site parking requirements listed in 240-56; §240-24.1.10.A(4)(b)[1] -Location of Off-Street Parking to allow parking on a different lot than the business lot; §240-24.1.10.A(4)(c)(2)-to allow parking spaces with reduced-dimensions; , §240-24.1.10.A(4)(d)(2)and(3) - to develop the lot with less than the required 6 foot landscape buffer; §240-24,1.10.A(5)(c) -to eliminate or reduce the required 20-foot landscaped setback from all residential property lines; §240-51 and 52 -Location of parking spaces (not located on same lot as use-for which spaces are required) and to provide parking spaces that are less than 9 by 20 feet; § 240-53 -Landscape.Requirements for Parking Lots to allow for a reduction in the requirements; §240-63•-Commercial Signs in a Residential District to allow for a sign to be posted at the lot's entrance. on South Street; and, in addition,the applicant is seeking waivers from compliance with Chapter 240,Article IX—Site Plan Review. The Applicant is requesting the Planning Board act on the behalf of the Site Plan Review Committee in approving this Regulatory Agreement. Copies of the application and plans are available for review in the Office of the Planning Board, 200 Main Street,Hyannis,MA between the hours of 8:30 a.m. to 4:30 p.m.,Monday through Friday. Barnstable Patriot Raymond Lang, June 24,2011 and July 1, 2011 Planning Board Chairman i Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1995-155-CID-TREY INC. _ Appeal of Building Commissioner Summary Withdrawn Without Prejudice Applicant: CID-TREY, Inc-John F. Hogan Jr. Property Address: 438 South Street, Hyannis, MA. Assessor's Map/Parcel 308- 123 Area 27,452 sq.ft. Zoning: RB-1 Residential B-1 Zoning District Appeal No 95-155: Appeal of Building Commissioner's Decision according to Section 5-3.2(1). The petitioner is to present evidence that a second apartment is in fact a use which predates the adoption of zoning. Background: The locus of this property is 438 South Street, Hyannis in an RB-1 Zoning.District. At present, the site is developed with a principal structure containing an office of 2,550 sq.ft. (Beltone Hearing Aids) and two apartments totaling 1,370 sq.ft. The property also has a detached garage and parking for 10 cars. - Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on September 28, 1995. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on November 15, 1995 and continued until January 10, 1996, at which time the Board voted to allow the applicant to Withdraw Without Prejudice. Board members hearing this appeal on November 15, 1995 were Ron Jansson, Emmett Glynn, Richard Boy, Tom DeRiemer, and Chairman Gail Nightingale. This appeal (Appeal Number 1995-155) and Appeal Number 1995-156 were both continued to January 10, 1996. The new Board Members hearing the appeal on January 10, 1996 were Ron Jansson, Emmett Glynn, Robert Thorne, Tom DeRiemer, and Chairman Gail Nightingale. Attorney Charles McLaughlin represented the petitioner before the Board. John F. Hogan, Jr., President of Cid-Trey, Inc. is appealing the decision of the Building Commissioner. Cid-Trey, Inc. was issued a Cease and Desist Order on March 12, 1995. According to M.G.L. Chapter 40A, Section 15, an appeal of a Decision of an Administrative Official must be filed within thirty (30) days. Attorney McLaughlin stated that he could not locate a building permit nor an occupancy-permit and did not want to pursue this appeal which is the appeal of the Building Commissioner's decision. He asked to Withdraw the application Without Prejudice. Decision: A motion is made and seconded to Withdraw Without Prejudice Appeal Number 1995-155, the Decision of the Building Commissioner. VOTE: AYE: Ron Jansson, Emmett Glynn, Robert Thome;.Tom DeRiemer, and Chairman Gail Nightingale. NAY: None Order: Appeal Number 1995-155, the Decision of the Building Commissioner, has been Withdrawn Without Prejudice. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, with• twenty Q) s after the date'of the filing of this decision in the o ice of the Town Clerk. 1996 +1ghting Chairm' iy Date Sig ed I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of.the decision has been filed in the office of the Town-Clerk. Signed and sealed this _ day o 996 der the pins d penalties of perjury. Lin a Leppanen,Town Clerk .iA Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1995-156 -CID-TREY INC. Use Variance-Second Apartment on the Premises Summary Denied Applicant: CID-TREY, Inc. -John F. Hogan Jr. Property Address: - 438 South Street, Hyannis,MA. Assessor's Map/Parcel 308-123 Area 27,452 sq.ft. Zoning: RB-1 Residential B-1 Zoning District Appeal No. 95-156: Use Variance to Section 3-1.2(1)(A) Principal Permitted Uses,to allow the use of a second apartment in the barn located on the premises. Background: The locus of this property is 438 South Street, Hyannis in an RB-1 Zoning District. At present, the site is developed with a principal structure containing an office of 2,550 sq.ft. (Beltone Hearing Aids) and two apartments totaling 1,370 sq.ft. The property also has a detached garage and parking for 10 cars. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on September 28, 1995. A Public Hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on November 15, 1995 and continued until January 10, 1996 at which time the Board found to deny the petition. This appeal (Appeal Number 1995-156) and Appeal Number 1995-155 were both continued to January 10, 1996. The Board Members hearing the appeal were Ron Jansson, Emmett Glynn, Robert Thorne, Tom DeRiemer, and Chairman Gail Nightingale. Attorney Charles McLaughlin represented the Petitioners before the Board. The petitioner is seeking a Use variance to allow the use of a second apartment in the barn located on the premises. Attorney McLaughlin submitted an Affidavit from Walter Jacobson which states that he remembers rooms being rented during the summer months in the 1940s. His parents continued to rent rooms until the 1970s. The apartment was in the barn. The kitchen came into usage sometime in 1950s- 1960s. This use dates back fifty (50)years which predates zoning. The home has been used as a boarding house and has always had lodgers. Under current zoning, you can have three(3)3Iodgers as a matter-of-right so long as the property is occupied by a family member of the record owner. With a Special Permit you can have up to six(6) lodgers. There is commercial use surrounding the locus. The use of the property, as it is presently, is a less intense use than the Restaurant across the street or the Bank that directly abuts the property. , Attorney McLaughlin stated that Mr. Hogan (the property owner) maintains that he is in compliance because at the hearing in 1984 for Special Permit 1984-07 three apartments with three kitchens was mentioned. No one told him that he had to abandon the use of the three apartments. He A bought the roe and has used the income 9 property rtY me from the apartments ever since. The two apartments are occupied b one person each. P Y Regafding the granting of the Variance; the current use is far less intense than what is allowed by a matter-of-right and would not derogate from the Zoning Ordinance if relief were given. Also, shape I Zoning Board of Appeals-Decision and Notice Appeal No. 1995-156-CID-TREY INC. is relevant as the site of the barn is difficult to expand. The garage and the main house can not be expanded. The petitioner wants to leave the property as it was when he purchased it. To clarify, the"barn" is shown as a "shed"on the plot plans. There is a common wall between the main house and the"barn" but there is no door. You must go outside to get from building to building. Inside this"barn" has a small kitchen, sitting area, and a one-bedroom loft with one occupant. There is also another apartment on the premises. In 1984, when Mr. Hogan bought the premises there were three separate kitchens, one in the main house and one in each of the two apartments. He has abandoned one kitchen leaving two kitchens and the Use Variance request is to continue the use as it stands with one professional office and two apartments. There would be a financial hardship if Mr. Hogan were not allowed to rent the apartments. He bought the property with the understanding (be it right or wrong) that the property could be rented. The Public was asked to comment: Mr. Naylor, an abutter, spoke against the Variance. He stated the apartment had been rented to many kids who used it as a"dormitory" and were not considerate neighbors. There were complaints regarding the number of tenants and the noise generated. Mr. Naylor made out a formal complaint to the Building Commissioner which resulted in the Cease & Desist Order. A letter was read from Mrs. Dunne, an abutter. She also is against the Variance. Speaking in favor was Mr. Hogan, the owner, who reiterated that there has always been a"back" apartment and a second apartment attached to the house. He felt he had cleaned up the area and had improved the site. He spent approximately$80,000 to update the structures and spent over 4 months cleaning. He put in the driveway and the fencing in the back. There are two.kitchens. One in the main house and one in the loft. The tenant in the back apartment is an employee of Beltone, Inc. (the professional office space in the front building) and the other apartment is rented to only a single occupant. Rosemary Hogan also spoke in support indicating it would be a hardship if they could not rent the apartment(s). Board Member Ron Jansson read Variance 1984-07 which stated that the Use will eventually be converted to all office space He asked for the minutes from that hearing in 1984. The minutes from January 26,1984 were located and read. The minutes state that the Variance does not allow the either of the two apartments and the petitioner at the time did not, in fact, even ask for permission. Finding of Facts: Based upon the testimony given during the public hearing on this appeal, the'Board_unanimously ` found the following findings of fact: 1. The property in issue is located at 438 South Street, Hyannis, in an RB-1.Residential Zoning District. 2. The property itself currently has the benefit of a Special Permit for a Conditional Use granted in January 1984 to allow the principal structure on this lot to be used as professional office space for Cid-Trey, Inc. for a hearing aid business. 3. Based upon a review of the minutes of the meeting of January 26, 1984, no other use was permitted at that time. 4. The petitioner is seeking a Use Variance under Section 3-1.2(1)(A)to allow the use of a second apartment in a shed or.a barn that is located on the property. 5. In the RB-1 Zoning District several uses are contemplated and permitted under existing Zoning as-of-right and as,a Conditional Use by Special Permit. In particular,Under Conditional Uses, office uses are allowed. Special Permit#1984-07allows additional office space that the . petitioner could utilize as office space on this property. ` 6. No hardship is involved in allowing the current Use to be continued on the property in view of the fact that it is a use that would lend itself in an area which is already fairly developed as commercial property in the surrounding neighborhoods. 2 i }, Zoning Board of Appeals-Decision ara Notice Appeal No. 1995-156-CID-TREY INC. 7. There is no evidence that the property in its entirety could not be used as a professional office use, and therefore there is no hardship. 8. There are no conditions pertaining to soil conditions, shape or topography that are unique to this particular lot under the provisions of Chapter 40A, Section 10. Decision: - Based upon the positive findings a motion was duly made and seconded to Deny the Use Variance the petitioner is seeking in Appeal Number 1995-156. VOTE: a AYE: Ron Jansson, Emmett Glynn, Robert Thorne, Tom DeRiemer, and Chairman Gail Nightingale. NAY: None. Order: Appeal Number 1995-156 the Use Variance has been Denied. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within. twenty (20)d s after the date of the filing of this decision in the office of he T n Clerk. a-� 1996 Ga Nightingal ChairrA n Dad Sign id I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and a that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day o 1996 under the pains and penalties of perjury. Linda Leppanen, Town Clerk { , r 3 l 11 `L:li • TOWN OF BARNSTABLE r�'a Zoning Board of Appeals e J t?h 3 ON 1 U 05 BRENDA CONLEE (MASON• Deed duly recorded in the r Property Owner. . County Registry of Deeds in Book JOHN F. HOGAN, JR. - _ Page — .--Registry Petitioner District of the Land Court Certificate No. Book Page.__._____ 1.984-07 Appeal No. _. ... __ �_ _ .� .04ts�rY.. 3.1 1984 FACTS a^d DECISIOIN JOHN F. HOGAN, JR. December 28 84 Petitioner .. filed petition on _' 19 , requesting a XXl *permit for premises at -- 438 -haul k� s t r••�eis•_- in the village (Street) Hyannis of _____ _ adjoining premises of (see attached list) Locus under consideration: Barnstable Assessor's Map no P 8 lot no. 123,280 Petition for Special Permit Application for Variance: ❑ made under See. _ of the Town of Barnstable Zoning by-laws and See. _ _. _w_ _ Chapter 40A., Mass. Chen. Laws for the purpose of Locus is presently zoned in--- I' Notice of this hearing was given by mail; postage prepaid, to all persons deemed affected and by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, Mass., at .8._:00 - YX.M p m. __LajaAgLry 19. 1 j$4 upon said..petition under zoning by-laws. Present at the hearing were ,the following members: Richard L_: Boy __ _ Luke P. Lall _ ai•1Ni_gh• inga_••lg_____, Chairman •At the conclusion of tL-_ hearing, the Board took said petition uuuer advisement. A view of the locus was made by the Board. Appeal No 1984-07 Page 2 of 3 On January 26, 19 84 The Board of Appeals found Attorney Michael Ford represented the ptitioner who is seeking a Special Permit to allow a change of use from rental of rooms to professional offices at 438 South St. , Hyannis in a RB-1 zoned district. John Hogan, Jr. , is the owner of a Beltone Hearing Aid Service presently located at 163 Main Street, Hyannis (east end) where he has been in business since 1977. The petitioner currently has the property under a Purchase and Sale Agreement with the owner., Brenda Conlee Mason. The locus consists of Lots 123; and 280 and is currently being used as a lodging house - located directly after the gas. station heading east on South Street. The applicant will conduct hearing evaluations, in the office. There are sales people .who work for the applicant but do not work out of the office - they only come in for sales meetings or to file their reports, during .the regular 9 - 5 business office hours. Mr. Hogan holds a degree -in speech pathology semi medial type business. There are no plans at this time for expansion - the petitioner.wil.l remodel the interior n.f :the building and give it a general face lift there is adequate off street parking available. Parking plans have been submitted for the Board to view - ten parking spaces - would need four per professional occupant - parking should be marked off to comply with the Town of Barnstable Parking Table - 200 square-feet. paved area.- Section S, b and. d of the zoning. by-law - with reference to five (5) feet of natural screening .,(green) along the west side of the property. ; The .petitioner tells the Board that he had. . planned on removing the existing shrubbery because he thought it was dead. There is some discussion as to whether the petitioner intends to operate professional offices within the entire building, The petitioner tells the Board that he does intend to create/o fice. an office out of the front portion of the building. 1fhe7e is any ;residential u"se,� t-would_be . or-a. one-p.er.son_apartment--'_perhaps-someone-res i ding inthe"buildining-toroai_ntai:n _same - will eventually convert to all office space. Gail comments that in the future he may enlarge, but for the present time he is talking only, about his own use -' the Beltone office may, at some time comprise the entire structure.. Luke Lally, mentions the parking and questions whether the petitioner does in fact comply with the .parking - it appears that the petitioner needs..one more space - the parking plan can be re-drawn. to show ten parking spaces. Also of interest is a turn around at the end of the lot perhaps there should be a restriction in the decision that the petitioner must supply the ten parking spaces. The petitioner feels that there is adequate parking. - safety should be of interest .as there is poor visibility between the gas station and the traffic light.. The petitioner would be willing to comply with the turn -around and additional parkig. Mr. Naylor, one of Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20). days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this _ day of 19 _ , under the pains and penalties of perjury.. Distribution:— Property Owner Town Clerk Board of Appeals Applicant Town of Barnstable Persons interested Building Inspector Public Information By Board of Appeals Chairman I At the conclusion of the hearing, the Board took said petition under advisement. A view of the " locus was made by the Board. Appeal No 1984-07 Page 3 . of 3 r. On January 26, 19 84._, The Board of Appeals found the abutters, tells the Board that he thinks before anything is granted to the petitioner, the Board should be aware of the fact ,that there have .been numerous .complaints and problems with the property, as it currently exists, presently a rooming house . Dr.. Dunn, a next door neighbor also speaks about the parking - the Dr. is asked to comE ;`forward and view the proposed parking plan.. A new parking plan will be submitted to the Board showing a cul-de-sac and the ten parking spaces. The Board voted unanimously to grant the petitioner a Special Permit for professional _ �ffices loc ted at 438 South Street., Hyannis with the restriction that there be a 5 ft. , i h,natural green screening along the west side of the property where it abutts the neighboring Shell Gas station; in compliance-with_RB-1 zoning_.(() and also Section S (b) of the zoning by-laws. UrJ£ CIA(4 v_ a .-Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that. twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this._.....aLL_.... day of _ _ 19 under the pains and penalties of perjury. ( � -Distribution :- Property Owner Town Clerk 1.1oard of Appeals Applicant Town of Barnstable Persons interested Building Inspector Public Information By Board of Appeals Chairman Greater Hyannis Civic Association PO Box 783 W. Hyannisport, MA 02672 GreatHyannis @aol.com July 20, 2011 Town of Barnstable Planning Board Town Hall 367 Main Street Hyannis,MA 02601 RE: Application of Beech Tree Alley, LLC for a Regulatory Agreement Dear Members of the Planning Board: The Greater Hyannis Civic Association (GHCA),at their Board of Directors meeting on July 12`', 2011,voted to inform the.Barnstable Planning Board of their opposition to the application of Beech Tree Alley,LLC for a Regulatory Agreement to develop the properties located at-434 and 4301 CS.out Street,-Hyannisy as-a.parking lotto be used as an accessory parking lot for their development at 599 Main Street, Hyannis Mass.The vote of the Board of Directors was unanimous. A fair reading of the Barnstable Town Code, Section 168-6 offers a definition of the elern_ents constituting an appropriate and defensible Regulatory Agreement. It states that it Regulatorr co Agreement may include,but is not limited to the provisions whereby a qualified applicant ages ton provide certain benefits which contribute to one or more of the following: 1. The Town's infrastructure 2. Public capital facilities _r_- rn 3. Land dedication and/or preservation 0- 4. Affordable housing, either on or off-site 5. Employment opportunities 6. Community facilities 7. Recreational facilities 8. Alternative mass transportation `. 9. Any other benefit intended to serve the proposed development,municipality,or county, including site design standards, to ensure preservation of community character and natural resources x The Association does not believe that the requested Regulatory Agreement,with its raft of desired waivers,addresses any of these elements. As a consequence of failing to directly address any of these critical elements,it thus does not meet any reasonable standard for approval. In reviewing the material provided by the applicant and listening to the discussion before the Planning Board,it is our belief that approval of a Regulatory Agreement along the lines requested by the applicant would be both arbitrary and capricious. In addition, some of the requested fourteen waivers are not,in our judgment,in the public interest and are, frankly, unnecessary,illogical and incompatible with our view of rational community planning. More specifically,we wish to make the following comments or observations with respect to the requested Regulatory Agreement and the requirement of the provision of certain public benefits: • The creation of a parking lot on a residential lot does not contribute to the Town's infrastructure as any parking on the lot will logically be used by patrons of the business establishment; • There is no offered contribution to any needed public capital facility improvement in this proposed agreement; • There is no offer of any land dedication or preservation in this proposed agreement. In fact the proposed parking lot will remove from the real estate market,and the downtown area where we are trying to encourage the development of a residential community,a residential lot; • The proposal does not contribute,in any manner,to the creation of affordable housing; • The proposal makes no commitment toward increasing employment opportunities; • There is no contribution to the creation of community facilities in this proposal; • There is no mention of assistance in creating new recreational facilities in this proposal; • The requested Regulatory Agreement does address the issue of improving mass, transportation in the Town of Barnstable as the property owners have agreed to install one bicycle rack. While the gesture is appreciated,it is clearly insufficient. • Most disturbing,this project,instead of preserving community character, changes the character of the neigbborhood from residential to an unattractive and, according to the proponents, an arnneeded commensal parking lot! Regulatory Agreements were instituted to allow developments to move forward,after close review,in a manner that avoids current zoning provisions,if by doing so they provided a much greater benefit to the community. As is inherent in Section 168-6,such Regulatory Agreements,if properly negotiated and inclusive of terms and conditions reflecting the nine key elements, such Agreements benefit both the Town of Barnstable and the developer in an equitable manner. Regulatory Agreements were not created to simply convert residential homes into parking lots to Please the business needs of one commercial establishment. South Street is a mix of residential properties and professional offices. It is a mix of older, antique homes and more modern properties which combine together to offer a diverse streetscape that many other towns would wish to create. When the re-zoning of downtown Hyannis was proposed in 2005,it originally banned offices on South Street but was later amended in recognition of existing usage. There was never any thought to allowing new parking lots. The East-end of South Street has already been marred by parking lots on lawns and dirt lots, some legal and others illegal. This proposal,if approved,would begin the gradual transformation and ruin of the West-end of South Street. It is important to mention that we have not set forth our specific objections to the requested zoning waivers as we do�not believe it is.in the Town's interest to approve the Regulatory Agreement,per se. Should the Planning Board choose to move forward with the Regulatory Agreement,we wish to reserve our right to further comment on the fourteen requested waivers involving permitted uses,minimum lot size,minimum green space requirements,lighting standards,. reduction of on-site parking requirements,reduced parking dimensions,reducing landscape buffering requirements,reducing required landscaping abutting residential properties,reducing landscaping requirements in general,allowing for commercial signs in residential areas and other parking and egress requirements. Frankly,approval of the host of waiver requests makes a mockery of Town of Barnstable zoning requirements. In sum,this is not a request that conforms to the original concept of what constitutes a balanced and appropriate Regulatory Agreement. It provides no benefit-other than the installation of one bicycle rack—to the Town of Barnstable or to the South Street neighborhood. We hope that the Town of Barnstable's Planning Board rejects the application. The Greater Hyannis Civic Association is dedicated to improving the quality of life in our community and to providing our residents with a voice in how our village is developed in the future. Constructing a commercial parking lot in a residential area is not in the best interests of the village of Hyannis. Sinc e Ralph au Secretary, Greater Hyannis Civic Association cc: John Klimm,Town Manager Tom Lynch,Assistant Town Manager ' Paul MacDonald,Chief of Police } Harold S, Brunelle, Chief,Hyannis Fire.Department Thomas Perry,Building Commissioner' Tom Geiler,Director,Regulatory Services Jo Anne Miller Buntich,Director Growth Management Laura F. Shufeh,Chairperson, Zoning Board of Appeals Ellen Swiniarski,Site Plan Review Coordinator George Jessop,Chairman,Hyannis Main Street.&Waterfront Historic Committee Y YX YOU WISH TO.OPEN A BUSINESS? For Your Information: Business certificates(cost$30.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission to operate.) Business Certificates are available at the Town Clerk's Office, I'FL,367 Main Street,Hyannis.-MA 02601 (Town Hall) .. DATE: /L/ ,2,/� Fill in please: APPLICANT'S YOUR.NAME: -LMf�2L' rGo _Nu BUSINESS YOUR HOME ADDRESS: IV-3 C S 0 T� ST. TELEPHONE:.# Home-Telephonember ,, So� 77,?Z Y 20 NAM9.DF'NE1111 RUS1N 5 D't . . /�_ TYPE CIF BUSINESS'.. .T��'1y, I; frflS:A:t�I MIE OCOU 7Qri1' YEs T�I1Jf9 #iaire ycfu bean giveri.apprDvat#i .the bui(dtn d t�tsi4rt�=Yf�=Nt]��� • ' : • . - `� � . AODRESS,�FRLISI;IyE�$�`z-�.�7��=5'a ui��� -- T�_ " £"'=��''> � MAP,/•PAI�GEL NL1lVIBER C��V�' '��`-� When starting a new business there are several things you must do in order to be in compliance with the rules and eegul'ations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd.&Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COM NER'S OFFICE, C: { This individu I h n infor y permit requirements that ertain to this type of business. MUST COMPLY WITH HOME OCCUPATION uthorized Sig re**• RULES AND REGULATIONS. FAILURE-TO COMMENTS: - '010PLY K4AY RESUI T IN FINFS -- 2. BOARD OF HEALTH. This individual has been informed.of the.permit requirements that pertain to this type.of.business., Authorized Signature" COMMENTS: 3. CONSUMER'AFFAIRS[LICENSING.AUTHORITY)' This•individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature* COMMENTS: Town of Barnstable °p ZHE � Regulatory Services ti Thomas F. Geiler,Director Building Division BARNSTABLE, v� .63S. ,0$ Tom Perry,Building Commissioner AlED MA'S A 200 Main Street, Hyannis,MA.02601 www.town.barnstable.ma.us Office: 508-862-4038 F 08-790-6230 Approved: Fee: Permit#: HOME OCCUPATION REGISTRATION Date: /aa, lee Name: ZV22 ES G O 5_5-L J W . Phone#: .SO,? .77 8! IS?d Address: kjl�� so U 7,11 -5 r Village: '�6N'Y'y/ C Name of Business: Pros_q C Type of Business:_ Map/Lot: ��O ' w 3 INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings, subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes; and no increase in air or groundwater pollution. After registration with the Building Inspector, a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the permanent resident of a single family residential dwelling unit, located within that dwelling unit. • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings, and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke,dust or other particular matter, odors, electrical disturbance,heat, glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials, or flammable or explosive materials, in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. • There is no commercial vehicles related to the Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Herne Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned, have read and agree with the above restrictions for my home occupation I am registering. Applicant: a,0172J Date: Homeoc.doc Rev.5/ 0/03 YOU WISH TO.OPEN A BUSINESS? : For Your Information: Business certificates(cost$30.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town(which you must do by M.G.L-it does not give you permission to operate.) Business Certificates are available at the Town Clerk's Office 1"FL,367 Main Street,Hyannis,-MA 02601 (Town Hall) DATE:GL Z— Fill in please: APPLICANT'S YOUR NAME: Td�In e S C a BUSINESS YOUR HOME ADDRESS:4 3 tnr17� S 7 " TELEPHONE # Home-Tele ne Number NAME OF NEW-BUSINPSS - — TYPE OF BUSINV$S� F:�zs.T.o �. IS-r rr a►:>A ME t�i uw1�T�ON YFES° I � 14ave yiio b'eean.gjveh.epprbval��rcai�th buildlno.di�t itth.. YE8 NO-�,�5� ADDRESS'PPSUSTNE���� a e e C J MAP,�PAACt NUMBER (o`Z Co When starting anew business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. (corner of Yarmouth Rd.&Main Street) to make sure you have the appropriate permits and licenses required tb legally operate your business in this town. 1. BUILDING COMMISSIONER'S OFFICE This individual has been informed•of any permit requirements that pertain to this type of business. Authorized Signature* COMMENTS: 2. BOARD OF HEALTH. This individual has been i ed of p requirements that pertain to this type of business. Auth4izecf§iinaCure* COMMENTS: 3. CONSUMER-AFFAIRS LICENSING AUTHORITY This individual h en infor Hof the lic ng a ments that pertain to this type of business. Authorized Signature* COMMENTS: 0 Town of Barnstable 4 �.�: . Regulatory Services UMVMM�• Thomas F.Geller,Director Building Division Building Commissioner TomYerry, • 200 Main Street, Hyannis,MA 02601 Fax: 508 790-6230 Office: 508-8624038 � Date Address — To Whom It May Concern: contrary our attention has been alerted to the fact that you are a Towflying egalsign Code which is explicit regarding flags o the Town of Barnstable s Zoning Ordinances.Th Section 4-3.3,Prohibited Signs(1) ,Any sign,all or any portion of which is set in motion by movement,' including pennants,banners or flags,except official flags of nations or administrative or political subdivisions thereof." Please contact me at 508-862-463 when these flags have been removed so that I can inspect the site.Thank you for your anticipated cooperation. Sincerely, David Mattos Building Inspector � T f AP Et �. 4 .1995 , 439 South Street Hyannis, MA 02.601 April 11., 1.995 Mr. John Hogan Bel.tone 438 South Street Hyannis, MA. 02601. Dear Mr.: Hogan In response 'to your having talked to my wife at my house this afternoon„ I would rather that when you are that irate that you would choose a day when I am not working and when I. could answer your concerns since I. am the one` who signed- the original. coiuplaint. I will attempt to answer your concerns :: 1.. I had shown you the formal complaint last fall made out to the Building Commissioner,, and you thanked me for my consideration.. 2.. Your statement today that you would buy 445 South Street at auction in May . and leave it as it is seems to be just. a threat.. 3.. Your statement that you will. sell 438 South Street to a Drug Rehabilitation Center is another threat.. 4.. Y our . eomment that you will.. 'sue us and own our, house seems rather.. immature., 5.. Your comment that you will. be around after we are gone., has to- be answered by our children and--by our grandchildren.. Our posture is that we are adhering to state and local. laws, . and we are not intimidated by those who try to circumvent them at our expense.. Si cerely, William Naylor cc: Ralph Crossen, Building Commissioner Warren Rutherford, Town Manauer 6�PyOf THE TOWN . OF. BARNSTABLE Z DdDH9TdDL i 1639. MASSACHUSETTS 2 Solid Fuel Stove Permit DATE OF APPLICATION ...Z..`-?�..J5��-7..........:.. � ?8SUING PERMIT/.'�'g.......��'��....��.� / �J /� ��" l L1tl �✓�S NAME (owner) ... .Jt� 7.4 .......aT.....: . .........\..1................................ NAME (Installer) C`.( .......... .............. j/ ADDRESS 7/ • ADDRESS c �i1...T.tl7......./ STOVE TYPE ................ CHIMNEY: NEW .... ..... •EXISTING Manufacturer ........................................................................................................I............. CHIMNEY: Masonry ! S CHIMNEY: Metal Mass. Approval ...................... ..../:...........j.......� ...........:................................ ................................................................................................... This is to certify that the above installer has permission to install a solid fuel burning appliance at the listed address in accordance with an application.on file with the_ f�w''.. k? rN ... ..�Fire Department, and subject to the provisions of the Commonwealth of Massachusetts State Building Code and regulations made under the authority thereof. Issued By: ............................ '.".....C..............s.......*.r'5..�....—:................Title .. ...... ,A. ;,�a............... Date O��....L Permit to install expires 60 days after issue date �� JJ 'Stove ........................................ ......... .. ®..4...( ..........�,_A-d.1..&497......................................................................................................................................................... StoveClearance ............ A,Loft ......................f ...... .... .�:...........Y'D....►aJC�............................................................................................................................ FloorSOa�'� SmokePipe ..................................... .................................. _ .................................... . ............................................................... .................................................. SmokePipe Clearance 2 .......�-' e`?. •................................. ......................... .,.............................................,.....................................,............................................................................................... Chimney 5v>v✓ �J ........... ................................................ /............../.................................................,......:.....:.......................................................................................... =��.Smoke Detector ............................... .......................................................::.....:............................................................................................................................................................ The undersigned hereby certifies that theinstallation of solid fuel burning stove and equipment made under au- thority of permit dated .......... 3 .... has been,made in accordance with provisions of the Commonwealth of Massachusetts State Building Code now currently, in effect and pertaining thereto ........................................................................ Installer INSTALLATION APPROVED .........:��...�...�.. —�....... By:. ................ Title: .. ........................ ... date WHITE: FIRE DEPARTMENT - CANARY: BUILDING INSPECTOR - PINK: APPLICANT TOWN OF BARNSTABLE SIGN PERMIT PARCEL ID 308 123 GEOBASE ID 22091 ADDRESS 438 SOUTH STREET PHONE HYANNIS ZIP, - LOT 1 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 59849 DESCRIPTION HOGANS HEARING AIDS - 12 SQ FT PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $25.00 ION $.00 px tHE NSTRUCTION COSTS $.00 �T Qi► 753 MISC. NOT CODED ELSEWHERE + * BARNSI'ABLE, *' MA83. 3 9- Bul ILDI�G DI ION, DATE ISSUED 03/22/2002 EXPIRATION DATE r i Town of Barnstable 40 �TME r Regul ry ato Services .. �a Thomas F.Geiler,Director ` MA M- Building Division � Peter F.DiMatteo, Building Commissioner .200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Tax Collector ' Treasurer 02 3 Application for Sign Permit I Applicant: �o' tl 1�- 66A�A 5 2• Assessors No. Doing Business As: 6 AIJ S &oV AI G 5 Telephone No 08-?7/ - 18.3r Sign Location 011 St�eet/Road: �3$ - -JR 7-�'� Zoning District:- -Old Kings Highway? Yes/No Hyannis Historic District? Yes o Property O. ner / � 77/_ 13 3 Name: �zh F. 6G__�9 T�� Telephone: Address: 43$ sz) 52 A ��� Village: Sign Contractor // 8�2. Name: SfG� � � Telephone: 5'6 - 7 7 7 T Address:�yl 40W gair quy IVA.5dLeQ, 1)1Fli- Village: Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions,location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? YeseTo (Note:If yes, a wiring permit is required) I hereby certify that I am the owner or that I have the authority of the owner to.make this application,that the. information is correct.and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinance. Signature of Owner/Autho ' ed Agent: Date: )YtA. , 19,2 Size: 1�2 Permit Fee:_ Z z _ Sign Permit was approved: Disapproved: Signature of Building Offi ial: U Date: Signl.doc rev.122801 i kp � t ..:. - . 2 c� ;{ .�gp�'(g � J a L�c"IE.Yb�S��te4J 3 , HOGAN ' S Centers for Hearing,Excellence {� F. aY { •�` !fin 'v � fi� HEARING • . . • 54,ee4 5 8-7 71-1 15 • Tax Rate Per$1000 FISCAL YEAR 2002 REAL_ ESTATE TAX BILL Issue Date: 10/31/2001 paw1 0=2- Claw Claw Due Date: 11/30/2001 : RWWWWW crn--W kwustaw Notice of Real Estate Tax for fiscal Year 2002 Bill Number. 5504 lenmal $9.26 $926 $926 $926 Based upon assessments as of January 1,2001 your Raw Estate Tax for the fiscal year beginning July 1, Parcel ID: 308-280 listrict $254 $2 54 $'L 54 $254 2001 and ending June 30,2002 on the following described parcel.of Real Estate Is as follows_: Fire District: HYANNIS CID TREY INC Parcel ID: 308-280 %HOGAN,JOHN F JR Location: 434 SOUTH STREET 438 SOUTH ST Class. 1300 HYANNIS MA 02601 Acres: 0.280 Land Value for Class 1: 25,000 - S/A is General Tax:,, 231.50 0.00 . Land Value for Class 2: 0 S/A 2 0.00 District Tax: 63.50 Land Value for Class 3: 0 S/A T. 0.00 Land Bank Tax: . 6.95 Land Value for Class 4: - 0 SJA 4: 0.00 Total Tax.,` 301.95 Total Value for Land: 25,000 SIA 5: 0.00 Total S/A:• 0.00 _-Bldg..Value#or:£iass�: •:, 0; TotalS/A nL. 0.00"-._--_ __ Total Tax+S/A: 301.95 Bldg.Value for Class 2 0 Total S/A: 0.00 V for Class 3: 0 Fast Instaumer�% 150.98 Value Bldg.Value for Class 4: 0 Second installment: 150.97 Total Value for s:Bld 0� g Adjustment 1: 0.00 Net Actual Tax: 301.95 Adjustment 2: 0.00 Amount Paid: 0.00 Total Bldg./Land Value: �•� Adjustment 3: 0.00 Residential Exemption: 0 Adjustment 4. 0.00 interest: 0.00 Adjusted Total: 26,000 Adjustment 5: 0.00 Fees: 0.00 Total Taxable Valuation: 25000 .Total Adjustments: 0.00 Please put your Bill Number on your check. To obtain a receipted bill,enclose a sell- Mail payments to-. ottice -. our •if no t is and both sections of the bill with payment. receipt _. addressed,stamped envelope Y desired,please DETACH TOP SECTION and•forward with remittance. If not paid when due. Town of Barnstable 8:30 AM to -.30-PM yourtax amount is subject to penaitles of Interest,demand and fees. Collector of Taxes Monday through Friday i m t at 14 percent per annu will be'chwged from-the date of Issue I-qP. 'nip A 0 0260 Box 1 Hy Main Street to the date payment was received In the Tax Collector's Office. 1-13so a�"r'-as2-405054 Taxes will be delinquent on 12/01/2001. Abatement applications must be postmarked and mailed to the Assessor's Office,367 Main Street,Hyannis,MA 02601, no later than 11/30/2001. •For more information regarding the Land Bank Tax,the Voluntary Elderly/Disabled Fund,and the Scholarship.Fund,refer to the enclosed sheet. • Visit our Town Website at httpJ/town.bamstable.ma.us SEE REVERSE SIDE OF BILL FOR IMPORTA44T VFORMATION! NAP` tio� Hyannis Main Street Waterfront Historic District Commission STAKE, Cl TED MA'S a 200 Main Street Hyannis, Massachusetts 02601 508-862-4665 FAX: 508-862-4725 ' f - r}r(gg t Li f� ��`� ( !' f Ltr AGENDA FOR PUBLIC HEARING To all persons deemed interested or affected by the.Town of Barnstable's Hyannis Main Street Waterfront Historic District Commission Ordinance under Article LX of Chapter III of General Ordinances of the Town of Barnstable, you are hereby notified that a hearing will be held on the following applications for Certificate of.Appropriateness and other types of applications or requests, if so named, in the basement Conference Room of the School Administration Building on 230 South Street, Hyannis, MA at 6:00 p.m. on Wednesday, February 20, 2002 Agenda Items: John F. Hogan, 483 South Street,Hyannis. (Map-Parcel 308-123), Certificate of appropriateness for a new sign. Peter L. Gardner 29 North Street, Hyannis (Map-Parcel 327-001), Certificate of appropriateness for a new sign. Alessandro Colella, 640 Main Street, Hyannis (Map-Parcel 308-053), Certificate of appropriateness for an alteration including dormers,windows and skylights. Bob.Oldsman, Cape Entertainment Management, 8 Barnstable Road/334 Main Street, Hyannis (Map-Parcel 327-090);Certificate of appropriateness Repaint existing clapboard and trim, repaint existing signs, recover existing awning frames, install fence in rear. `f 77 WF-2 Zc`f i fE414,( i 14-fP r f-f YftN N ff�I pp°a ►on�fo I S / ( /4��'a S`S In the Town of BarnstablerQ CERTIFICATE OF APPROPRIATENESS In 0 1� Application is hereby-made,with four complete sets,for the issuance of a Certificate of Appropriateness undir Section fi of Chapter 470, Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings,or photographs accompanying this application for CHECK CATEGORIES THAT APPLY: :. 3 9. Exterior building connstructiOrc Q New 0 Addition 0 Aft atfun Indicate type of'building: 0'House Garage Q Commercial ❑ Other - 2. Exterior Painting: Q 3. Signs or,Billboards; Nam►Sign O Existing Sign R nting Exisfing Sign 4_ Sh . �vch Fenc 0 wall. 0 flagpole LJ Other TYPE OR PRINT LEGIBLY: DATE '`� Y� I� � ADDRESS OF PROPOSED WORK S ��LrTfi ASSESSOR'S MAP NO, 30� A OWNER �a�n �� OG�►�l, �n ' ASSESSOR'S LOT NO. 123 HOME ADDRESS TELEPHONE'NO:, 1 2 3 � FULL NAMES AND ADDRESSES OF ABUTTING OWNERS, including those of adjacent property owners across any public street or way. (Attach additional sheet if necessary.) AGENT OR CONTRACTOR S ��r✓ l A \ TELEPHONE NO:'l63- ADDRESS DESCRIPTION OF PR4 ZED WORK. Give particulars of work to be done, including materials to be used. Please: include locations ofpieMigns. � I Signed. Owner-Contract Agent For Committee Use.Oinly . This Cerfifmate is he a� I ate p led Committee Mernbere Signatures: N I K DAY SIGN COMPANY 451 Route 151,Mashpee,MA 02649 Tel(508)477-8824 *Fax(508)477-7233 Am o sic+ ..�r� �a+} _ r. .w� 5�''" .,�++ .,'� `� � t��•$sJ , ; .Yaa MAKING SAME AS OLD SIGN 438 SOUTH STREET 2-sided / carved sign } t. . 35"HT. X 48"WIDE X 2" MADE OF CEDAR WOOD NAVY BLUE BACKROUND y _ WHITE CARVED-IN LETTERS `� • 23K GOLD LEAF ACCENTS POSTS: 4"X4" CEDAR WOOD �. STAINED WITH CABOTS SOLID WHITE. 1 ® I HARDWARE: STAINLESS STEEL EYES AND "S° HOOKS L-BRACKETS �. - T M Town of Barnstable Old Kings Highway Historic District Committee SPEC SHEET FOUNDATION SIDING TYPE COLOR CHIMNEY TYPE COLOR ROOF MATERIAL COLOR PITCH WINDOWS COLOR SIZE TRIM COLOR DOORS COLORS SHUTTERS COLORS GUTTERS COLORS DECKS MATERIALS GARAGE DOORS COLORS SKYLIGHTS SIZE COLORS SIGNS — � ( 2 �1 � COLORS /Vf31/ �L�c� (.v�llle FENCE COLOR NOTES: Fill out completely, including measurements and materials/colors to be used. Four copies of this form are required for submittal of an application, along with Four copies of the plot plan, landscape plan and elevation plans, when applicable. SPECSHT Revised 11/98 t t t. t 1 Please tear alonj the pertoratiort anti include the above section with payment. t t * 4 t Tex Rate Per$1000 FISCAL YEAR 2002 REAL ESTATE TAX BILL Issue Date: 1013112001. Class t aass 2 ans 3 Class 4 Due Date: 11/30/2001 Residential opetrispim Ohm WMdal Notice of Real Estate Tax for Fiscal Year 2002 -Bill Number: 5503 General $926 $926 $926 $9.26 Based upon assessments as of January 1,2001 your Real Estate Tax for the fiscal year beginning July 1. Parcel ID. 30&123 District $2.54 $2.54 $2.54 $2.54 2001 and ending June 30,2002 on the following described parcel of Real Estate is as follows: Fire District: HYANNIS i CID TREY INC Parcel ID: 308-123 %HOGAN.JOHN F JR Location: 438 SOUTH STREET 438 SOUTH ST Class: 0101 HYANNIS MA 02601 -Acres: 0.350 Land Value for Class 1: 23,500 S/A 1: 0.00 General Tax: 1,420.48 Land Value for Class 2: 0 SJA 2 0.00 District Tax: _, 389.64 Land Value for Class 3: 0 S/A 3: 0.00 Land Bank Tax' 42.61 Land Value for Class 4: 0 S/A 4: 0.00 Total Tax:. 1,852.7.3 Total Value for Land: 23,500 S/A 5: 0.00 Total SJA: 0.00 Bldg.Value for Class 1:` 129,900-- Total SIA Int: ---- 0:00- - - ---- -- - : Total Tax+S/Q: 1,852:73 Bldg.Value for Class 2: 0 Total S/A: 0.00 Bldg.Value for Class 3: 0 First Installment 926.37 Bldg.Value for Class 4: 04 Second.Installment 926.36 Total Value for Bldgs: 129,90(11 Adjustment 1 0.06 Net Actual Tax 1,852.73 Total Bldg./Land Value: 153,400 Adjustment 2: 0.00 Amount Paid: 0.00 Adjustment 3: 0.00 Residential Exemption: 0 Interest: 0.00 Adjustment 4: 0.00 Adjusted Total: 153,400 Adjustment 5: 0.00 Fees: 0.00 Total Taxable Valuation: 153,400 Total Adjustments: 0.00 Please put your Bill Number on your check. To obtain a receipted bill,enclose a self- Mail,Payments to: Office Hours• addressed,stamped envelope and both sections of the bill with your payment.^If no receipt is desired,please DETACH TOP SECTION and forward with remittance. If not paid when due, Town of Ba-Taxese Mon ay to 4:30 PM your tax amount is subject to penalties of interest,demand and fees.- . collector of Taxes Monday through Fitday H Interest at 14 percent per annum will be charged from the date of issue P.o.Boot 1 0 6 Main street Hyannis,;MA02601-1360 . yahnis,MA to the date payment Was received In the Tax Couectoes Office. 508-W2-4054 Takes will be delinquent on 12/011/2001. Abatement applications must be postmarked and mailed to the Assessor's Office,367 Main Street,Hyannis,MA 02601, no later than 11/30/2001. •For more information regarding the Land Bank Tax,the Voluntary Elderly/Disabled Fund,and the Scholarship Fund,refer tay_thg enclosed sheet. • Visit our Town Website at http:/Aown.bamstable.ma.us SEE REVERSE SIDE OF BILL FOR IMPORTANT INFORMATIONI CAPE COD BANK&TRUST CO.,N.A. CID TREY, INC. MASSACHUSETTS DBA BELTONE OF CAPE COD 438 SOUTH ST. CHE CK NO . _ HYANNIS,:MA 02601 53.574/113 ..... . . : . -. 'I7_'19 - DATE" AMOUrJT 1 - - - _4 "Nine Hundred Twenty�ix.And 37/1.00 Dollars t- 11/20/04. -$ :-_926 37_- _; _ = raTHE t ORDER - -- :)F Town of Bamstable 0 ICED SI RE:... l I 9999P; KKTB KKSBY 2+K dRB KRX YTTX YKSX Y++++st+stst E Eha #Ds E Eha #D Urenas, Gloria From: Gei I er, T om Sent: T uesday February 12, 2002 3:24 P To: Urenas, GI on a; Di M . atteo P eter Subject: Response to B i I I Nay I ors I etter of Could I see a draft of your response before it goes out. Mr. Naylor has had a long standingneighbors.dispute p with eighbors. Office 508 862 4670 f. Fax 508 778 2412 i' If ✓- Department of Health, Safety I and Environmental Services I of THE Tp� Pv 'b BMWSTABLE, + % MASS. 16.59. prED Mp`l a BUILDING DIVISION BY: r. 1 l 00 Cam, 6 I � a BOSWORTH ASSOCIATES P.O. Box 685 - 1645 Falmouth Rd. ti Unit C - Second Floor Gloria Urenas Centerville, MA 02632 1/16/02 Zoning Enforcement Officer Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: 428 South St. Hyannis Dear Gloria, Per your request at our meeting January 11, 02, I spoke with my tenant in regards to the complaints from Mr. Naylor. A. He did say he has had friends over from time to time which has increased the amount of cars and people at the location, but they are not living or residing there. He also said that he did allow some people to stay there for a few days that were residing at the Cape Crossroads and were homeless after the fire that took place there. B. As far as a"welcome to Hyannis" sign in front of the property,that is not mine or my tenants. In fact, it belongs to the town. It is high up on the telephone pole (along with others on South St.) and reads"Welcome to Historical Hyannis". C. They did park on the front lawn only to get close to the front door when moving some furniture into the house. I was very stern and demanding with the tenant about my property and the neighbors. I told him I did not want any problems with the town or the neighbors and to act• accordingly. He is in agreement with me. He told me he has spoken with some of the neighbors asking if he was bothering them in any way, all of which said not at all. Mr. Naylor has said quite a few remarks to him that I won't discuss at this point. When I purchased this property a couple of years ago, I was warned by some of the neighbors and professional people in the area that, whatever I do here this Mr.Naylor will be against me..."A thorn in my side". I have spent over 35,000 dollars on the property with improvements and repairs and have yet to hear a good word from him about how nice it looks or how it helped improve the neighborhood! For a man with such a keen eye that says he knows everybody's age, I know he's noticed all my work. I also gave several business cards to my tenant so if someone had a question or concern they could call me,directly. He has never called. My tenants are wonderfulhardworking people whom are appreciative of the property and keep it immaculate. Had I had more like them I wouldn't have sold some other properties last year. They certainly don't want any problems with the neighbors the town or me. Please call me if you have any further calls or"plaints as I will deal with them promptly as I don't w t o do anyt ing her th mPly. cer , n orth BUILDERS - DEVELOPERS - PROPERTY MANAGEMENT Phone: 508-790-2422 - Fax 508-790-5982 BOSWORM ASSOCIATES ;y P.O. Box 685 Centerville, MA 02632 oF1HE r Town of Barnstable Regulatory Services * BARNSfABLE, MASS. g Thomas F. Geiler,Director 039. $'�lEp i�p2l A�0 Building Division Peter F.DiMatteo Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 MEMORANDUM DATE: 1/14/02 TO: John C. Klimm, Town Manager John J. Finnegan, Police Chief Peter DiMatteo, Building Commissioner FROM: Gloria Urenas, Zoning Enforcement Officer RE: Complaint from William Naylor I spoke to Mr. Naylor on 1/9/02 and told him I would investigate his complaint further. On 1/10/02 I contacted the owner of 428 South Street, Mr. W. Chandler Bosworth, who came in to see me and correct the problem. He was very polite and did apologize for having more than the allowable number of people at the site and gave a reason. The fire at Cape Crossroads put three people out of their homes, and their friends who live at 428 South Street allowed them to move in for two weeks. They are no longer there. Mr. Bosworth is going to write a letter for the file explaining his solution. Q020114a —=7 � -7—you! .Q e ____ .«.._ f � , � � 1 - ,� J a`OP�O�tHE 1p�� , The Town of Barnstable ' BARNSrABLE, i Office of Town Manager 9 MASS. 1639• a�� 367 Main Street, Hyannis MA 02601 ArFD MA't Office: 508-862-4610 John C.Klimm,Town Manager Fax: 508-790-6226 Joellen J.Daley,Assistant Town Manager MEMORANDUM TO: John J. Finnegan, Police Chief Peter DeMatteo, Building Commissioner FR: John C. Klim95��� DT: January 8, 2002 RE: Letter from William Naylor I am sending along information regarding the above said matter. Please respond back to me. Thank you. JCK:smo -77 , — 99 7 ZG `7' � Fr I TO�rPt ,!_ 3LE j '02 J11N -8 F l �►� - ---------------- 67�'L•G� ify-�- r 4- 4,L.- _ �-..-.. .w� � f�- .-.T+� d. . .•.:'liar"c.�'Tf� /W� _ ..CZ�� ...-` _��Gc'`-- � ell- 002 - �'` - � 44 a,IL� fain a-n-w s 4 ,�y, I I I - - - - - - ------------- . I jI I � .__._---- w e PyOE THE raw TOW N OF BARNSTABLE � 0 e BARNSTMME o° 90� �639; �0°j • s iDlEE MAY p,� Office of the Budding Inspector February 22, 1984 PERMIT TO ERECT SIGN IS HEREBY Fee: $25.00' GRANTEDTO ........... ........................................................................................................ LOCATION .................4 8...Si t.h.. t A.. s.................................... ggu :.:.......:..:........................................ ANY VIOLATION OF THE SIGN LAW WILL CAUSE IMMEDIATE REVOCATION OF THIS PERMIT / 'Bu Iding Inspeabr 6 TOWN OF BARNSTABLE � e { 3TA2L SIGH APPLICATION • rua ,ego. � 0116Y 19 Owner's NameUL/ �� l Address g s (� I l!G V Location Name of Builder 2[C "D &G+LL i Address 77 �4 f�Q E lE J IU I U—a Type of Construction WOOD GCS y) EC) S (GyQ 2 rows Free Standing or Attachedi/L('�� Zoning District Fire District I hereby agree to conform to all Rules and Regulations of the Town of Barnstable regarding the above construction. All permits subject to approval of the Inspector of Wires. Name Diagram of Lot and Sign with Dimensions to be placed on reverse side. May 16, 1983 ARCHITECTURAL REVIEW SIGN APPLICATION DATE Z TELEPHONE NUMBER(S) ��� < ADDRESS OF PROPOSED PROJECT �77 /� OWNER MAILING ADDRESS SIGN REVIEW/NAME OF BUSINESS - /7 AGENT OR CONTRACTOR �� G L �/ G�GI�D C 5�.. ,? &191/ AND ADDRESS DESCRIPTION OF PROPOSED WORK(Use back of form if more space is needed) Please indicate dimensions, colors, lighting, site location, and if a sign methods of application. P l PdST (, o (�1L S_ _' r2Slyr _ FOR OFFICE USE ONLY PLEASE DO NOT WRITE'BELOW THIS LINE/CHECK EACH ITEM Sketch Attached Photographs Dimensions on Sketch Distance. from ground . Illumination Method of attaching Colors Number of signs Maximum of two allowable Application Received on Action Taken Date of Hearing Building Inspector Notified NOT TO BE USED BY OPERATOR SEND ONE COPY TO: •pa' REGISTRY USE ONLY MAIL: 199100 P.O.BOX 1991 COMMONWEALTH OF MASSACHUSETTS BOSTON,MA.02119 POLICE REPORT NAME OF POLICE DEPT.SUBMITTING REPORT OF MOTOR VEHICLE ACCIDENT Barnstable Police Check One I1 Was this Accident investigated by an OHic3r? I' 01-195 9—AC Did you notice any indication YES NO i! It Yes,Check One Box Below i 1 Of 1 that an operator had been taking �] 1 Registry 4 7 State any medication or drugs? 1 2 u�!I! z olive Date of Accident Day of the Week Hour I YES NO I I 2 MOC 5 Po�az To your knowledge has any operator 1' 3 Other Lik, o Day Yr � ��I A.M. 1 had a histo of e le s " II'I_t L_1 U IL1 rY Pi P Y• 1� 2 �•!i 2 15 01 P.M.P M 2 1 0057 I heart disease,fainting spells? on re•:ersel,: Name of Operator Nvm<er ar IM l I F I• E Street Address Ciryfrown State Zip 1; i Owners Name and Address(it same,write"same'] i' Registration Number and State C iSILVIO V DIGIOVANNI/49 GLENN RD, BELMONT,MA 02478 I'MA 5844RD L I: E 1;Name of Insurance Company only may be written here Year Make Tye i,Approximate Cost i. ;CU HOMELAND INS. CO. 12001 I FORD CP to 6eon 1 I1 Describe Damage to Vehicle Ii Fire Damage oar~a]Car It Ycj S NO V=S %0 li FRONT AND UNDEF.CARRAGE 2 I Name of Operator Phone Zip bl F : V Street Address Cit frown State ! -Y E H li Owners Name and Address(if same,write"same) Phone Zip I Registration Number and State I I C IIIII j Make Type L j Name of Insurance Company only may be written here Year ;!Approximate Cos: j III I to Repair E is Describe Damage to Vehicle �'I Firz Damage Parked Car Y=5NO Y=S r_J , - 2; 111E 2 ' O II Describe Other Property Damage 4-=.imate Cost TIDAMAGE TO HOUSE AT 439 SOUTH ST. HYANNIS �zab N E Na�Property Owner Address r— R Ii NAYLOR, WILLIAM 439 SOUTH ST, HYANNIS,MA 02601 t State 2 ttDC 3 L�Muni::pa: I W I Other Witnesses or Persons Present Address Phcre T I Bus N I E I Res SIB SS I Bus Res t Number Injured To what hospital was injured taken? Taken by Ambulance? i 0 1 I�2 II Name of Injured Street Cityrrown State I I I N I Age I Sex 2 I INJURY SEVERITY I RESTRAINT SYSTEMS I PERSON INJURED 1 Killed YES NO! ? 1 Operatcr l In Vehicle U t (I0 M O F 1 I I Safety Belt Used 1` 6 ;Pedes:ran R I t 2 Serious Visible Injury 2 I Passenger No. 2 I Child Restraint Used i S;c-fs E j Ejected from Vehicle 3 Minor Visible Injury 3 Passenger in Train,Bus,Etc I� y^�' O YES NO 3 I Helmet Used 6 I Moped I;�I 4 No Visible Injury but I 4 Operator 1 U 2 uJ Complaints of Pain 4 I Air Bag Used 1 On Motorcycle c , ;Other II I I I 5 Passenger I _ Name of Injured - Street Gty/Tcwn 'State I I, N I i Age I Sex INJURY SEVERITY !RESTRAINT SYSTEMS PE N INJURED U II II'r"� �"j I 1 Killed i ES NO. ? 1 Opera:cr In Vehicle. F— R,: i• _bt I I F 2 Serious Visible Injury 1 Safety Belt Used 2 Passenger } No. 6 =_des:ra' E lj, Ejected from Vehicle 113 Minor Visible Injury I 2 Child Restraint Used 3 Passenger in Train.Bus,Etc 7 E.cycclst _ D i YES NO I 3 I Helmet Used B i %Iopec q No Visible Injury but 4 Operator On Motorcycle i_ 1 Complaints of Pain 4 t u 2 I I I Air Bag Used 5 Passenger 9 Other li I Name of Injured Street Ciry(Tcwn State I Age I 1 Sex 2 I INJURY SEVERITY 1 RESTRAINT SYSTEMS PE N INJURED U I a r [-� 1 Killed ES rIO ? 11 Operator In Vehicle R I NIF 12 Serious Visible Injury 1 ( Safety Belt Used g Passenger } No. 6 j I Padestr.an E I. Ejected from Vehida O Mirior Visible Injury 2 I Child Restraint Used 3 Passenger in Train,Bus,Etc - 7 I I Bicyclist D j YES NO 3 Helmet Used 9 L Moped q No Visible Injury but 4 Operator 1 2 Complaints of Pain 14 Air Bag Used 5 Passe' ar On hlotoreycle 9 i I Other E65 150M 11196 G001038 10022 BE SURE TO COMPLETE AND SIGN REPORT ON REVERSE SIDE E:Mark all i=mz which apply. The diagram and description of what happened(below)need not be completed if separate B%a x 11 size sheet with same detailed informatics is ettaobed. Please sian reoort in soace orovided below. I It Accident Occurred on Ram . I I Nearest Mile Marker II Number of Lanes At Rotary— City or Town Where Accident Occurred 2 i 1��Yes 2�I No I I Fill in Below: HYANNIS L I ❑ route ramp tc at intersection with route number O Street Name or Route Number � C 439 SOUTH ST N S E W A -Nfiieh direction was each vehicle traveling? Or-If not at an intersection,fill in below:- going'e I T N S E W N S E W r�N S E�W Of nearest intersection, On ramp from i; No 200 feet bridge,mile marker, I ❑ route number O I Vehicle l I I railroad. No 1 N S E Vy N I I Other Landmarks: SEA ST. I going I` one Accident Involved Collision With 7 ❑ Overturned collision involved tHo or more vehicles mar" urnetl in road �� I of the fallowing: T II Ran off roadway Y I� 1 ❑ Pedestrian 4 ❑ Railroad Train B ❑ non-collision y B.❑ Truck fatotdr Vehicle ❑ Ran off roadway hit fixed ❑ Fixed object.on shoulder C l Moped is 1 0 Raar End 2 n Angle 3�;Hr_:sn 2 in Traffic object feet from road 9 sidewalk or Island E] II IEII ❑ 5 �Ijj Motor Vehicle 6 ❑ Bicycle A ❑ Scheol Bus D Other 3 Parked COLLISION CONDITIONS �--LIGHT CONOITICNS What were vesicles doing prior I Where was petlestrain located at time of I ROAD SURFACE I � I i ^I , to accident? accident?Mark appropriate box I X Mark appropriate Do. X X 1 I Cry I I 1 I I Hit median barrier I l l I Daylight venic:e Co I I 1 I I I I I At intersection 12 X Wet 12 Hit guard rail 1 2 I I Dawn or awt Within 7C0 feet 2 from intersection 3 I Snowy �I 3 I Hit curbing 117 1 X Darkness road Sga:ed L I 1 I I Making right turn MoreNan 700 feet L i 3 I from intersecti on 1 6 I ICY 14 I I Fit abut^..ant 116 I I CaYlness•road un6ghteC 2 I I Making left turn 1 4 Walking in street S 3 I I Making U tum I S I wits Iralfic I S I Other I S I Hit signpost WEATHER CONDITIONS 1 Walking in street � O I{I X Going straight ahead against traffic ROAD CONDITIONS I g Hit utility light or pale I I I g Standing in street (7 I Hit tree 11 I I Clear N I s I Passing on right X 1 7 I Getting ontoff vehicle I I g I Embankment 12 Foggy i I g Passing on left 1 X No Defects ' I I G g Working on vehicle 17 Stop sign 2 Holes.rues,Dumps 1 9 I Ditch 3 X I Cloudy I 0 I I I g matt I Working in street 3 Foreign I q I Rock ledge I d i Rain ' N g Skidding er on surface D j A Playing in street 9 Stone wall 1 5 I I Snow 1 g I Stowing or stopping s Defective shoulder a Not in street T I A I Crossing median strip I I S Road under construction I C i I Bridge rail IgI 1Steel O a i Dnvedess moving I C Other g I Other I D X I Other II vesicle N C I I Backing I TRAFFIC CONTROLS S D Starting in traffic X , I ( � � E I Starting from 1 Stop sign y Y "� 439 South ct. parked position F Parked I.2 Yield sign G I Stalled or disabled i 7 Warning sign O H Slatted or disabled I d I Signal light wile flasher on --�—. �. 0 i C I In process of parking 5 Officer or flagman X Entering or exiting I g Railroad crossing gate South St. f from alley Or drivewa &taking right turn 17 Railroad automatic ignal L on red Traffic lighfT)'0 M.I I Entering median I a Control device not wanking t N I Crossed median 19 X No control present , 101 I )Other A I No tum on red i i D I A INDICATE G NORTH R BY ARROW M O orator Operator(mark one or more) i Operator I Operator t 1 II 1 O I i i I leaving Scene ct Operating Under Influence of 16 Improper Passing B Disregarded Traffic Lignt I G I Ae.:Ceht It I L I Liguor _ D,sre arded Warning or Stop H I I I Omer Moving q ' I Operating Under Influence of 7 I On Wrong Side or Road C I g I lions(uciam Dec.,De'c II 2! ! .Drugs Not Overtaking Signs I T I Disregarded Other I g I X ( Operating to EndvI r 1 3, I Exceeding Lawful Speed IgI Failed to Give Proper Signal I D Traffic Control Improper Start from K I Failed to Stop for O 3 j Failed to Grant Right of Way e I' Improper Turning Movement E Parxed Position I a Scncdeus N 1 to Other Vehicle I ; I A I Operating unregistered L I Defeo;r.e ET;ipme�: S S Failed to Grant Right of Way Uninsured Vehicle I F Improper Parked PosiY•on �_ to Pedestrian M i I No V'.Dlatipn Describe What Happened (Refer to Vehicles by Number) ! I I Seat Sea N I (Cpera:orl • Citation Number if issued li G I I I Sbaree3 (Passenger) e Barnstable Police 12-17-2001 Signature Police Dept Date PTL, JOHtJ X GO:.DEN —_--.--- _--- .—_.___.-- ------ -- ./17,/2001 Barnstable Police Department Page: 1 .,ef: 01-i959-RC NARRATIVE FOR PTL. JOHN K_ GOLDEN Entered: 12/15/2001 @ 0221 Entry ID: 138 , Modified: 12/17/2001 @ 1409 Modified ID: 742 Approved: 12/15/2001 @ 0437' Approval ID: 144 a. . 1. Veh. 91 ran off roadway tip over curbing and shrubs, then on the lawn and hitting house. At approximately 0057 hrs., I was dispatched to the area of South St. and Sea St. in Hyannis pertaining to someone hearing a loud crash and someone running from a motor vehicle. Just before my arrival, E-5 (Sgt. McMahon) arrived on the scene. Sat. McMahon advised the station that there was no personal injury and that he had the operator of the vehicle at the scene. -STATEMENTS OP #1: He states that he was heading east.on South St. and had stopped for the red light at Sea St. He told me that when the light turned green for him he accelerated and lost control of the vehicle. He states as a result of this, his vehicle went out of control and onto the lawn hitting the house. Investigation: Upon my arrival at the scene, I requested photos and also a wrecker. Dep. William Jaques of BCI was dispatched for photos and Davis Towing was requested for towing of the vehicle. After speaking with the operator, mmmWs issued to the operator in hand charging him with 772 The Town of Barnstable �Department c! 11cMwt- Cl'L l�.L (.41?r# Fntri rr ...ri.•,4.�1 6" J' P iJCI'VICCJ Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-623! Buildi—..Commissioner March 12, 1995 Mr. John F. Hogan, Jr. 438 South Street Hyannis, MA 02630 Re'43=8xSouth--Street;�Hyannis;;MAC A=308.123 Dear Mr. Hogan: You are hereby ordered to CEASE AND DESIST the use of your building as a multifamily dweliing. This use is in vioiation of your Zoning Board of Appeals Decision of 1984. Please apply for a permit through this office, within 48 hours of your receipt of this letter, to return this structure to its prior legal use. Sincerely, Ralph M. Crossen Building Commissioner RMC/km Q950412A f � 439 South Street r Hyannis, MA December 3,. 1995 Mr. Thomas Geiler Director of Health , Safety, and Environmental- Services Dear Mr._ Geiler I need help. Nobody expects a Building Commis- sioner to be warm and fuzzy, but this is ridiculous.. No litigation exists... Cid Trey i appealing the decision of the Building Commissioner.. That is not: litigation.. In the interim any information the ZBA, Cid Trey, or the neighbors ,c.an acquire might w.e1L be. beneficial. to all. concerned.. 'An atmosphere of communication should be encouraged.. The Building Commissioner should not promote an atmosphere of intimidation and acrimony.. I suppose- now I- will. receive another citation from the Board of .Health because of my mulch pile. The. last one was dated March 6,, 1995 , after I had complained about the boat yard at 44.5 South. Street, Hyannis.. That boat yard., as a matter of fact, is still in operation.- As one -of the neighbors said of the" Sali.ga. appeal on November. 1.5 , 19951_ "" Something is very wrong here.."' I concur.., Sincerely, William Naylor cc.- . Ralph Crossen, 'Building Commissioner Warren Rutherford, Town Manager TOWN DE BARNSTABLE BUILDING DEPT D DEC 52 1995' • NAM� • The Town of Barnstable g. Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner December 1, 1995 William Naylor 439 South Street Hyannis, MA 02601 Dear Sir: I have tried reaching you regarding 438 South Street, Hyannis. I am sorry I am unable to answer your questions as long as litigation is pending before the Barnstable Zoning Board of Appeals. Please do not hesitate to call me if I can be of further assistance. Sincerely, gIo M. Urenas Zoning Enforcement Officer GMU/car I 438 South St BARNSUBM • The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner December 1, 1995 William Naylor 439 South Street Hyannis, MA 02601 Dear Sir: I have tried reaching you regarding 438 South Street, Hyannis. I am sorry I am unable to answer your questions as long as litigation is pending before the Barnstable Zoning Board of Appeals. Please do not hesitate to call me if I can be of further assistance. Sincerely, -�e Gloria M. Urenas Zoning Enforcement Officer GMU/car 438 South St. -3S> la 4f a Q�i ��C/Z � 1 3 �• v vF BARNSTABLE BUILDING DEPI 1 Nov, 21 `1995� 439 South Street Hyannis, M.A. November 19.,; 1.995. Mr... Ralph Crossen Building C:ommis.sioner Town of Barnstable Dear Mr.., C.ros_s.en:. At Wednesday' s ZBA. public hearing concerning Appeal. 1.995 154 . (.C.id-Trey_),' , I. attempted. to ask ques- tions about the issue but was told by the chairman that questions should be asked of. you.> My questions are as follows:,-. l.f Since your Cease & Desist order "' on 43B South Street for illegal_ apartments was, issued. in April.,_ 1995, why are the apart- ments still. o.ccupied2, 2:..,. In light of the fact that Z. apartments: are illegal%, why doers the notice of Public Hearing 1995 155 and 1995-1.56 refer. only to. a. s.econd apartment in the barnZ Sincerely; William Naylor : .�. : The Town of Barnstable • snttrsrnau„ - A& ��' Department of Health Safety and Environmental Services Fn 5a+" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner March 12, 1995 Mr. John F. Hogan, Jr. 438 South Street Hyannis, MA 02630 , e:=438 South,Sti eet,,Hyannis_MA x— A=308.123 Dear Mr. Hogan: You are hereby ordered to CEASE AND DESIST the use of your building as a multifamily dwelling. This use is in violation of your Zoning Board of Appeals Decision of 1984. Please apply for a permit through this office, within 48 hours of your receipt of this letter, to return this structure to its prior legal use. Sincerely, Ralph M. Crossen Building Commissioner RMC/km DELIVERED IN HAND eceived, By Date Q950412A '. The Town of Barnstable • &ULN rABM iA& �� Department of Health Safety and Environmental Services nay" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax; : 08-790-6230 . Building Commissioner April21, 1995 Mr. William Naylor 439 South Street Hyannis, MA 02601 rRe: —438 South Street,Hyannis; A M Dear Mr. Naylor: I am sorry to hear that you feel your wife and you were mistreated by Mr. Hogan. If you feel you need to talk to our Police Department about his behavior toward you, please give them a call. Sincerely, Ralph M. Crossen Building Commissioner RMC/km cc: Thomas Geiler, Director, Health, Safety&Environmental Services 439. South Street Hyannis., Ma. 02601. April,_ 9,; 1995 Mr- Ralph Crossen Building Commissioner. Town of Barnstable Dear Mr. C.rossen:- I have not as yet received- an answer from you concerning my letter of March 17,. 1.995,, with an encl.o- sure which depicts the-dec- s o-n-of the-ZBA-on January , �38 South_Sr_eet, nis an 1985 limiting I ._ office only -- no apartments.... Today someone .moved. into the second illegal apart- ment at that address..., I would., hope that you would use your good offices to rectify the situation before the noise and. confu- sion of the summer season begins.,. Sincerely,, William Nay or cc:: Warren Rutherford, Town Manager. Thomas GeiLer, Director, Health, Safety, and Environmental., Sery ces. BUILDING DEPT, APR If '1995' BPI �17 ox� i3A► MAsi�„ • The Town of Barnstable i6`¢ 8 Department of Health Safety and Environmental Services Ma+" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: uN-790-6230 - Building Commissioner April 13, 1995 Mr. William Naylor 439 South Street Hyannis, MA 02601 Re: 438 South Street,Hyannis,MA Dear Mr. Naylor: This is to confirm my call this morning during which I told you that have I issued a Cease and Desist order on 438 South Street for illegal apartments. We will follow the case through the Zoning Board of Appeals and, as you know, you will be notified of a hearing date. . Once again, we are sorry for the inconvenience we may have caused you. Sincerely, Ralph M. Crossen Building Commissioner RMC/km cc: Warren Rutherford,Town Manager Mary Jacobs, Assistant Town Manage Thomas Geiler,Director of Health, Safety& Environmental Services . Q950413A �p� • The Town of Barnstable • isBIA b`¢ Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 d Building Commissioner n. March 12, 1995 Mr. John F. Hogan, Jr. 438 South Street Hyannis, MA 02630 Re: 438 South;Street;;Hyannis;MA A=308.123 Dear Mr. Hogan: You are hereby ordered to CEASE AND DESIST the use of your building as a multifamily dwelling. This use is in violation of your Zoning Board of Appeals Decision of 1984. Please apply for a permit through this office, within 48 hours of your receipt of this letter, to return this structure to its prior legal use. Sincerely, n Ralph M. Crossen W Building Commissioner RMC/km P . a rill .. a p'•. t - - .. � .. .. . Q950412A R308 123. LOC •0438- SOUTH STREET CTY 07 TDS 400 HY KEY 220914 ----MAILING ADDRESS------- PCA 0131 PCs 00 YR 00 PARENT C11 CID TREY, INC MAP AREA 67AB iv MTO 0000 HOGAN, jOHtl' F J R SPI rc:�l f I Fr:]1 430 SOUTH ST UTI UT2 . 35 SO FT 2070 YNS AY 4 E 7 CBS SI"HANI A I E100 EY190 CON g LAND 66500 IMP 148800 OTHER 1200 ----LEGAL DESCRIPTION---- TRUE MKT 216500 REA CLASSIFIED WAND 1 37, 700 ASO LNO 66500 ASD IMP 148800 ASO OTH 1200 #LAND 3 2S, SOO DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #BLDG(S)-CARD-1 1 104, 200 TAX EXEMPT #BLDG(S) -C nun D-1 3 44, 6qO RESIDENT-L 143100 1A3100 143100 #OTHER FEATURE 1 1 , 200 OPEN SPACE #PL 430 SOUTH ST HYANNIS COMMERCIAL 73400 73400 73400 #DL LOT 1 INDUSTRIAL #RR 1511 0127 EXEMPTIONS 'SALE 01/04 PRICE 110000 ONE 3993/180 AFD LAST ACTIVITY 06/18/86 PCR Y . � - /��� �� � -- � . �� T � ., _, w ._ - - � -�-�I� - c= -�1,' - -.�2t-h,--� _chi��'��,�L..f� _. � �, `��3�� � ��� -- - - _ --- - --- --' _ I , . J --t� �. _. __.__ ___ .T��_-T-_ 1 q CAPE COD IMES, FRIDAY,AUGUST 28, 1981 509 Services 602 Apartments HOUSE SITTER Veteran with house-trained police dog. Able to do maintenance&other duties. References. 362-2131 ext 322 or 324. Weekdays 9 a.m. - 5 p.m. BOOKKEEPING & AC- COUNTING SERVICES. Individual & small `business. Taxes, general, investment counselling. Pick-up and delivery ser- vice available. Len Mar j Bookkeeping Services. 487- 3465. M I D D L E A G E D MARBLE HEAD.Executive & wife would like to house sit water front property during your winter vaca- tion or for entire winter. Would pay' utilities and treat your house with great respect. Hyannisport area preferred. Top references. 688-2696,443-3935. 550 Business Wanted FINANCIAL PROFES- SIONAL/CPA with 15 yrs. public accounting & For- tune 500 industrial ex- perience seeks to associate with or purchase existing accounting or investment firm in Hyannis to P-Town area.Write— Box 143,c/o ` Cape Cod Times, Hyannis, MA.02601. 600 RENTALS 601 Rooms to Rent TWO ROOMS available, S50/week, kitchen. privileges, women prefer- red, for information, call 771-4110 or778-1379. HYANNISCENTER Rooms, kitchen privileges, S45 a week.Call 778-1559. Share House in Brewster, private room, laundry, cable TV,utilities included, $190 month,896-7367. ROOMS WEEKLY with kit- chen privileges, $40.'and $60. Near Hyannis and 4- C's.,428-2446. ANNIS AREA. Rooms for rent by the day or by the week Apartment also available. 438 South St., Hyannis. HYANNIS - Young working adult or student,use of kit- chen;available Labor Day. 775.7816. MASHPEE Room in private, quiet home,older working person, 477-1798. Groynds, uslnes plbce your.low colt-;"a iof shed every day, year rou Y E landscaping „x I � n FERRARI LANDSCAPIN I- Inc., Complete Landscapin U and Design Service, lawn 7 shrubs, trees, ston driveways, 13 years' e perience, 1-934-2651, 77 3740, FALL CLEAN UPS— Pla tings — Lawns Maintpnance — R. 439 South Street Hyannis, MA August 31, 1981 Mr. Joseph DaLuz Building Inspector r Town of Barnstable Dear Mr. DaLuz: As you know, Larry Sullivan, previous owner of 438 South Street applied for and was granted permission to have an apartment and two professional offices at that address. The present owner, Brenda Mason of Newton, elected to have a guest house there with a resident manager, Robert Monroe.. The attached advertisement from. the Cape Cod Times mentions an apartment. The question now arises: Is 438 South Street a guest house? Is it a boarding house as the sign on the . exterior indicated last week? Is it an apartment house? At any rate, what ever it is, it is well on its way to becoming another 445 South Street with similar problems requiring the attention of the' police and the Board of Health. I hope that you will clarify the status of 438 South Street before Brenda Mason continues further in her efforts to have anything there that she desires at the expense of other property owners in the neighborhood. Sincerely yours, William F. Naylor cc; Selectmen Board of Appeals Licensing Board Inspector TOWN OF BARNSTABZ j3 ,BUILDING DEPARTMENT• COMPLAINV INQUIRY }PPORT Date Rec'd B Assessor's No. Last Name 1'A First Name ORIGINATOR Street_ Lo cCT/-j J7. Villa e /yYr4 ,yw/.y State /))4 Zi Telephone: Home 77 7 Work - Descri tion: a i4 P4 IPT/fi,rA17_ S _ 'COMPLAINT a.L .•dam � �. ---------------- 44 INQUIRY Requestor's Signature COMPLAINT Street Address ✓' ®c(j�/7/ LOCATION OFFICE USE ONLY INSPECTOR'S Date / oz5 Inspector ACTION/ COMMENTS FA UP • Gar? , ACTION TIO.:ri, } TTACHED RIBU:IOt7: WHITL' - DEPARTYZNT FILE YELLOW - INSPECTOR PINK INSPECTOR (RETURN TO OFFICE Y.GR.) laSC1 RESIDENTIAL PROPERTY MAP NO. LOT NO. FIRE DISTRICT STREET 438 South St. Hyanrs SUMMARY 30`po l 123 H 73 LAND _ BLDGS. 3p OWNER t..;>,�.. f.C..: <°. rr'r'' r.::. v, t y--✓ TOTAL y a,i _ . LAND pQ RECORD OF TRANSFER —REMARKS: - '�' �� 7 ��g L.d''T 5s'r7,l �O/ BLDGS. "J 00 Pj ch TOTAL 422,00 Smarr- LAND Sullivan, I-awenee W., R BLDGS. Conleel ,r Brenda J. 8/23/80 3114 184 ($75,00 �G6� ;...�,,.« TOTAL LAND J3 COLL/Ns BLDGS. TOTAL LAND a) BLDGS. TOTAL LAND BLDGS. m TOTAL LAND BLDGS. TOTAL LLANINTERIOR INSPECTED: Irn,,��//DATE: / z/ ' "'""�ACREAGE COMPUTATIONS LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HOUSE LOT �;" —&-f-- -:_7 / L LAND CLEARED FRONT �.T9 13 ZOo O U / 00 ) I 804 j BLDGS. REAR 1 °� TOTAL WOODS&SPROUT FRONT - `� LAND REAR , ^7..,d.+�k:�.�-,F.l`' ) c:s�T BLDGS. `WASTE FRONT — — TOTAL REAR LAND � BLDGS. TOTAL a' LAND ' 1 BLDGS. 3� LOT COMPUTATIONS L D FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH 96 FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. Z- HIGH GRAVEL RD. TOTAL ' LOW DIRT RD. LAND SWAMPY NO RD. BLDGS. .onc Walls — - Fin. Bsmt.AreaIli Bath Room ) ✓ Base — — —-- -- / Z p BLDG. COST 1 �� .one. Blk.Walls Bsmt.Rec. Room St. Shower Bath Bsmt. PURCH. DATE 1yNb :onc.Slab Bsmt.Garage St:Shower Ext. Walls PURCH. PRICE 3rickWalls Attic Fl.&Stairs Toilet Room �J Roof RENT ;tone Walls Fin.Attic Two Fixt. Bath Floors 3^✓ a/ 3 kt 'iers INTERIOR FINISH Lavatory Extra lsmt. .` Y 2 3 Sink / %ii '` 1/2 -r/4 Plaster Water Clo. Extra Attic EXTERIOR *ALLS Knotty Pine Water Only loable Siding Plywood No Plumbing Bsmt. Fin. tingle Siding Plasterboard Int. Fin. Shingles 3 TILING D -- --- -- . o'nc. Blk.` G F P Bath Fl. Heat ,2 3 YG 'ace Brk.On Int. Layout Bath Fl.&Wains. Auto Ht.Unit -I- %T Veneer Int.Cond. Bath Fl. &Walls ' Fireplace Z _,__�.•:-.r_`� tom.Brk.On HEATING Toilet Rm. Fl. Plumbing solid Com.Brk. Hot Air Toilet Rm.Fl. &Wains. Tiling Steam Toilet Rm. Fl. &Walls ;lanketIns. Hot Water St. Shower toof Ins. Air Cond. Tub Area Total Floor Furn. ry� /QS6 ROOFING COMPUTATIONS 1sph.Shingle Pipeless Furn. / .S S.F. Need Shingle' No Heat S.F. U U 73 5- \sbs.Shingle Oil Burner Cl'/ a2 d U D S. F. y J /.J� .d date Coal Stoker y a S. F. ) '.1 p `/1 37 'ila*. Gas _ "r'ROOF. TYPE Electric y S' F. a a'y� 3 7 � OUTBUILDINGS table Flat S.F. 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 1 6 7 819110 MEASURED Mansard FIREPLACES S.F. Pier Found. Wy'-yJloor Fireplace Stack Wall Found. 0.H.Door LISTED ;FLO RS Fireplace Sgle.Sdg. Roll Roofing :one.'•. LIGHTING Dble.$dg. Shingle Roof _arth No Elect. DATE ,ine Shingle Walls Plumbing lardwood V ROOMS Cement Bik. Electric 1sph.Tile Bsmt. 1st TOTAL q3 33 1 Brick +jInt.Finish PRICED Tingle - 2nd 3rd FACTOR 1,... • REPLACEMENT CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dap. ACTUAL VAL. 11333 a /7 0 1� 20 360 6s 03941 z s i S/� 0 o 3 5 . B —7 y 8. ' '10` TOTAL 30 `/�9 1iiX-`�� .������ � ,� l � �� �� � s :�:. BY cc/ BY /00 C-INCOME -- --COMPARISO,',.4' TO CONTROL AREA 67AB -- --MAY NOT BE COMPARABLE— PARCEL CONTROL AREA TREND STANDARD 10 10 LAND-TYPE 66500 LAND-MEA% +0% . 228800 178835 IMPROVED-MEAN -10% 25% 127 FRONT-FT 100 DEPTH/ACRES TABLE 02 100% LOCATION-ADJ APPLY-VAL-STAT 1 . ' LNR LAND LFT/IMP ADJS/SB/FEAT STR STRUCTURE ARR AREA-MEASUREMENTS NOR NOTES COM MARKET INC INCOME PMR PERMITS SRR GRAPHIC FUNCTION- STRUCTURE-CARD NO- 000 DATA- XMT ? ' . � ` | ` | . P302 123. LOC 0438 SOUTH STREET CTY 07 .TDS 400 HY KEY 210914 ----MAILING ADDRESS---- --- PCA 0131 PCs 00 YR 00 PARENT CID TREY, INC MAP AREA 67AB iv MTG 0000 % HOGA!-il, jOHN F jR Spi SP2 3111:3 438 SOUTH ST LjTj4. UT2 . 35 SO FT 2870 HYANNIS 111 A 02,1..0 1 AYB 1040 EYB 1970 ODE CONSI_ . 66500 imp 148800 OTHER 1200 C 0C LAND ----LEGAL DESCRIPTION---- TRUE MKT 216500 REA CLASSIFIED WAIN'l.'! 1 37, 700 ASO LNO 66500 ASO IMP 148800 ASO OTH 120-'? OLAIN11D 3 28, S00 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #BLDO(S) -EARD- 1 1 104, 200 TAX EXEMPT #BLOG(S) -CARD- 1 3 44, 600 RESIDENT-L 143100 14310-1 143100 #OTHER FEATURE 1 1 , 20P OPEN SPACE #PL 438 SOUTH ST HYANNIS COMMERCIAL 73400 7340C) 73400 VDL LOT 1 INDUSTRIAL #RR 1511 0127 EXEMPTIONS SALE 01/84 PRICE 110000 ORB 3993/180 AFID 2. LAST ACTIVITY 06/18/86 PCR Y - R308 123. P E R M 1 T XXX ACTION R CARD 000 KEY 220914 PERMIT-NO MO YR TYPE VALUE CK-BY NO YR %CMF' 4.39 South Street.. Hyannis,, MA, March 1.7,,. 1995 Mr.. Ralph M.. Crossen Building Commissioner Dear. Mr.. Cros.s.en:. In responding to your letter of March 13,; 1995,; which is- in response. to my letter of September 2.9,: 19941 I feel_ that your findings do not agree: with the facts of the ZBA.. decision of January 311, 1.984.,, I am enclosing that decision.. The property at 438 South Street,, Hyannis,, is in violation because the ZBA_ decision of 1984, allows: only a business. use,, not the present use oaf business and at least 2 apartments: (.. one of which is presently occupied: by 2' peopled`... Last summer' s illegal. rentalL to Irish college students was an unmitigated. disas:ter which caused slLeeplessl nights for the neighbors.. Lf such dormitary quarters are al _owed, and. if your office Looks the other way„ the town is hot well served. As to your last paragr.aph, Gloria Urenas and I had' taken a walk in my neighborhood about one year ago.. I had, asked the Town Manager to take the walk„ but he delegated that pleasure to Mr., Urenas._• She noticed the violations and took. copious notes.. How- ever„ nothing has changed:., The infractions are notice- able because the violators make no. attempts to conceal.'.- them.- As to contracting the Barnstable Rol-ice.; I feel that your office. and that of the Board. of. Health, should enforc-e: exis:ting restrictions and not place the burden on the poll'ice... Al,-so,, L do. not think the B.-bard of Health s>hould:. put pressure on citizens. who have the temerity toquestion your off.ice:. Sdnncce�relay, wham Nayl�o: ccL warren Rutherford,, Town Manager Thomas. Geiler„ Director„ Health, Safety and En- vironmental- Services: l,.Y'. 'w"' _ e',,• P -..�,,`1, 6 ,b ,..,"s k Y- F %a' •tea.. F' '' a. ^�+crn•.--`� k < sIT • � , ; .435 South Street # r �* Hyannis, s . • j N, L V 1994 - ✓r + v R C .Mr. Ral�?hr fit, ros.s n, � f a - Building ° spe .,yy ti> c Z n C.t O Z _ , {� u, fi 3 •J55 • 4.} 5 4 tir .. Y 1 'own--oi. 3arnsta,�leg' '+: •y J.'. " lL• - ,,,,. fig-. x _ +� J�• r'' ~ S' - Dear`..Mr., Crossen: ✓r ,: n l ¢- or s, you suggested'-'in our t6lephoiie-,conve,rsat'ion , ' Y this„_morning,. I am. wri-ting,, ,to inform you co. kerning RJ., U„ � 'r • zoning-viol i ri 'riy"nea glib.orhood: Rattier,than ` k r '~.recite a l:i:tany �o �vi olat `' :, r'> ions,' I{, ark confinine� 'myself + l to. those viol atioris that, of f.eclt'r theJ qualit` ' of :life Y z` of tiie'n eig'hbors in this rMesidential area. t j = An, i:l`legal boat yard exists at. 445,'South Street : 1y.arinis., The #27t9n,e�Cr"' r,t ysTom uincy } ;02170�eter 1P s _Colo78 . odny 2 ve Y• 3893 , 9 .At" the --present-,; me there ar,e 3:"boats the r On, -property`.(AS1991RE,r ���S4207I{G, nd`a` s nall.er~'aluminum boat) �. 2.*`° There., are2xllegal.+'aartmentsy at 4385'outh 'Js _ y r street, r� annls. '•I Whey iio � t e • t reFce�.ved a• ' effort con s - t, r � •f'. cerning:-:the corrLlaint I filed Urith '�youroffice ' + s last s•, + si4mmer;, but;, the, al�art ents<.still e_xist;. If you- 'feel that my concerns ;are unfounded, Pease tell me:,', I `am' <beg nn ng ,to ,fee'l r that my �a'atience ` ` has been `misinter.oretedh f .f,r r ''i`•' a ~^ � r r r2..�^� 5 �• s r , J.�%.-'E ,`l° ,,,, � - '. pp r "1 . .. x Y 2 f :f sae/Cl iC�-C C /7/7 d� r r r 211i am,VayLot, ., cc gt. R.ichard Howard z h ' .. x rr, 3r h C 4 _- ", 'i! '`"'., iJ �n. fi r 't„ ~ � `ii 1,•} r, _1 r - ♦ R .. +. a3 .. _ ':Y.. � ''� �d �.�• ; a, }r " ^�„ �,ryr, .•. .J +n. it A :� � D =F .s _ q; dF� The Town of Barnstable MAWDepartment of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 • Ralph Crossen Fax: 508-790-6230 Building Commissioner March 13, 1995 Mr. William Naylor 439 South Street Hyannis, MA 02601 Re: 438 South Street, Hyannis, MA . 445 South Street, Hyannis Dear Mr. Naylor: I have looked into your complaints concerning the above referenced properties and I have the following information for you: 1. As to your reference to your abutter using his property as art illegal boat yard, the gentleman has removed all but one boat which he is allowed to have there. He was in this office recently and did admit that for a time he had more than one boat, but says he will not again. 2. As to whether 438 South Street is a legal two-family with an apartment, I can report to you that it is. In 1984, the Barnstable Zoning Board legitimized that use. If you feel that there is excessive noise at that site, you should contact the Police Department. I am sorry you feel I have not been responsive to you. I thought one of my employees had discussed this with you to your satisfaction. Sincerely, Ralph M. Crossen Building Commissioner RMC/km cc: Warren Rutherford, Town Manager Thomas Geiler, Director, Health, Safety and Environmental Services Q950313A N R308 123. A P P R A I S A L D A T A KEY 220914 CID TREY, INC LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RB- 1 32,200 1,200 117,300 1 A-COST 150,700 B-MKT 210,700 BY 00/ BY /00 C-INCOME PCA=0131 PCS=00 SIZE= 2870 JUST-VAL 150,700 LEV=400 CONST-C 0 ----COMPARISON TO CONTROL AREA 67AB -- --MAY NOT BE COMPARABLE-- NEIGHBORHOOD 67AB HYANNIS PARCEL CONTROL AREA TREND STANDARD 10] 10 LAND-TYPE 32200] LAND-MEAN +0% 150700] 178835 IMPROVED-MEAN -34% 25% 127] FRONT-FT ] 100 DEPTH/ACRES TABLE 02 100%] LOCATION-ADJ APPLY-VAL-STAT 1 LNR]LAND LFT/IMP]ADJS/SB/FEAT STR]STRUCTURE ARR]AREA-MEASUREMENTS NOR]NOTES COM]MARKET INC]INCOME PMR]PERMITS GRR]GRAPHIC FUNCTION-[ ] STRUCTURE-CARD NO-[000] DATA-[' ] XMT[?] GROPE RTY ADDRESS I ZONING I DISTRICT CODE "SP-DIST& DATE PRINTED I CST T LAAE SS PCS I NBHD KEY NO. - 0438 SOUTH STREET 07 RB-1 400 07HY 12/18/93 0131 00 67A8 R308 123 220914 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS Ty UNIT ADJD.UNIT Land By/Dale size Dmenswn p ACRES/UNITS VALUE De 6o 6eo C I D TREY, INC M A P- LOC./YR.SPEC.CLASS ADJ. COND. PRICE PRICE #L A D 1 37.700 c1 1 De mtAcres E CARDS IN ACCOUNT - 10 18LDG.SIT 1 127X .3S =10 194 60 134999.9 157139.9 .24 37700 #LAND 3 28.800 01 Op 01 A 30 3SITE 1 X .35 =1 OC 194 134999.9E 261899.9 .11 28800 #BLDG(S)-CARD-1 1 104,200 N #BLOG(S)-CARD-1 3 44i600 MARKET 210700 D IBATHS 4.0 U X B= 100 15435.2 15435.20 1.00 15400 8 #OTHER FEATURE 1 1.200 INCOME ISRR REC RM S X B= 100 8.9c 11.21 200 2200 8 #PL 438 SOUTH ST HYANNIS USE AIMULTI FAM U X 8= 100 8287.65 8287.65 1.00 8300 9 #DL LOT 1 APPRAISED VALUE D DIRG1 DETGAR S 16 X 20 192C C= 20 19.3 3.8 320 1200 F NRR 1511 0127 A 216.500 A Uj PARCEL SUMMARY T LAND 66500 A S SLOGS 148800 MI O-IMPS 1200 Ei TOTAL 216500 F N CNST G N DEED REFERENCE Type DATE Recoreae PRIOR YEAR VALUE A 1d". D Sale.Prize LAND 66500 A T I BOO Pa MO. Vr. T S 3993/180 D01/84 B 110000 BLDGS 150000 0 3114/184/ I;06/80 G 75000 TOTAL 216500 R c BUILDING PERMIT *7 Q/3 Q• - ' j Number Dete Typo Amoum *BELTONE•HEARING LAND LAND-ADJ INC ME SE SP-BLDS FEATURE OLD-ADJ UNITS AIDS............ .,:```:.. 66500 1200 25900 Class Units Un,ls Base Rate Adj.Rate A Year Buil' Aga Norm. Ob.v. CND. Lat. 9b R.G. Repl.Cost New Ad'.Repl.Velue Stories He'NI Rooms Rma Batlta I Fia. PM Depr. Cond. I re ywall FK. 158 000 110 110 66.10 72.71 40 70 21 78 95 73 203791 148700 2.0 10 7 4.0 13.0 Description R.I. Square Feel R.PL Cost MKT.INDEX: 1.0D IMP.BY/DATE:' / SCALE: 1/00.33 ELEMENTS CODEJ CONSTRUCTION DETAIL SAS 100 72.71 1056 76782 i E R SIDENT L CNST GP:00 FOP 35 25.45 240 6108 *-12*N STYLE 05COLONIAL OLD 0.r uSF 60 43.63 240 10471 15 15 ®l:SfGN-A6JMY -0 2 YES Ili-K-A6JifgT-_-_1.0. R FSF 90 65.44 242 15836 *lUA*-14-* EXTEA-ifALL3-- -1 CLPBbT�RINGt@ Q. ...... . . . .. ..:... UA 105 76.35 180 13743 15 11 REAT7AZ tYP7 0 fL=i10T HATER Q. r FOP 35 25.45 102 2596 ! FSF8-* INTER_YYNiSlf -0 -RYDA117PLAST Q. FSF 90 65.44 96 6282 *-*--16-* INTER-1KYOUT -12 VER:TIJORHAl ----Q. 3 820 60 43.63 1056 46073 ! ! ! INTER:aUACTY -0 -AP1E-A�-EXIER:-- 0- FOP ! FLVIJR--STIFOCT -02 6-JOTGT78Yk8----Q. 4 W ! 30 ! EFL-O'OR-Z6VER-- -01 AR0W-600----------Q' D -:. E T..1Arees Aax_ 342 Base_ 1574 ! ! • RDTfF-TYPT -- -01 IF_8_C_E__l�_S_P_H--S_�R_----Q. ==..'.'...:. :.:. BUILDING DIMENSIONS BASE 54 EL-ECT RICAC 0 Q� SAS W24 N24 E08 N30 FOP W08 S30 USf FSF FDUNDATfOR-"- -0 ---"-------------3rq� - A E08 N30 .. USF S30 W08 N30 E08 ! * =----- ------ --- ---------------------- t. BAS E16 FSF N04 W08 N11 W14 24 ! -----NEI-GRBOR OOD -67A8-WYAWfS------- L 1UA W12 N15 E12 S15 .. FSF S15 ! 7 LAND TOTAL MARKET E22 .. SAS S54 .. FOP E06 N17 ! 820 ! PARCEL 66500 216500 FSF N16 W06 S16 E06 .. FOP W06 *---24--FOP AREA 48683 S17 .. B20 W24 N24 E08 N30 E16 VARIANCE +0 +365 S54 .. STANDARD 25 S TOPOGRAPHY. I LEVEL * TOPOGRAPHY * UTILITIES 2 PUB WATER * UTILITIES 3 PUB SEWER * UTILITIES 4 GAS ST FEATURE 1 ,PAVED • ST FEATURE * ST FEATURE * ST. COND. * TRAFFIC 3 HEAVY-- - DWELL LOC. 2 MIDDLE * LOCATION * AMENITIES * AMENITIES * NUISANCES NUISANCES [ ] [R308 123. ] LOC]0438 SOUTH STREET CTY]07 TDS] 400 HY * . -. KEY] 220914 ----MAILING ADDRESS------- PCA]0131 PCS]00 .YR]00 PARENT] 0 CID TREY, INC MAP]. AREA167AB JV] MTG]0000 % HOGAN, JOHN F JR SP1] SP2Y SP31. 438 SOUTH ST UT1] UT21 .35 SQ FT] `2870 HYANNIS MA 02601 AYB] 1840 EYB]1970 OBS] CONST] 0000 LAND 66500 IMP 148800 OTHER 1200 ----LEGAL DESCRIPTION---- TRUE MKT -. •216500 REA CLASSIFIED . #LAND 1 37,700 ASD LND .66500 ASD IMP 148800 ASD OTH 1200 #LAND 3 28,800 DESCRIPTION _ TAX YR . CURRENT ,, EXEMPT TAXABLE #BLDG(S) -CARD-1 1 104,200 TAX EXEMPT #BLDG(S) -CARD-1 3 44,600 RESIDENT'L 143100 143100 143100 #OTHER FEATURE 1 1,200 OPEN SPACE #PL 438 SOUTH ST HYANNIS COMMERCIAL 73400. 73400 73400 #DL LOT 1 _ INDUSTRIAL #RR 1511 0127 EXEMPTIONS SALE]01/84 PRICE] 11000.0. ORB]3993/180 AFD] «'I B LAST ACTIVITY]06/18/86 PCR]Y , P H - i y • it - • - _ , . Town Office- Building Itipril 209 1972 . . Mr. Edward -Cad'rt1cpstas' 51A Chase Street Hyannis, Masdachu'setts 6�601 Dear Mr; Caaracostais s 'have been Advised "by the Barnstable Buil-ding i Inspector that .ea. carmme'rei.a 1, vehi tI6. to wit. t 'aick� ' is\ being, .a: ai taiu ed,, &raged arid/or stored on residential property owned by yoga at 131A Chase street© Hyannis" This ,goes not fall Within thane uses permitted in a. residential district. , , I , I 'w-oui d appreciate py orapt � acknowiedgment of this letter and your axa vice thaat rise aforesaid use. will, be. effocti.vely discontinued imwediaateiyo Very truly youro., 4 PIv11.ii.p Mho Boudreau,, Toini Counsel T�a,_r;� ;-0-h eb.-. Hord.ert D. Strin ge : 1 k[[ r r F[� l + � ' r� r f I j f R308 123. P E R M I T [PMT] ACTION[R] CARD[000] KEY 220914 00000000] PERMIT-NO MO YR TYPE VALUE CK-BY MO YR %CMP NEW/DEMO COMMENT [ l [ ] [ J [ ] l [ l [ l [ l [ J [ a [ J [ l [ ] [ ] [ l ] [ ] [ J [ ] [ ] [ ] [ ] [?l z� TELEPHONES 775-112 EXT. 107 .IOSEPH D. DALU7 Building Commissioner TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 October 2, 1981 Mr. William F. Naylor 439 South Street Hyannis, MA 02601 Dear Mr. Naylor: August , 1981 con- I wish to make reference to Your ofleAtPeals er f decision5 (#1956-6) re- cerning an April 6 , 1956 Board p Hyannis- In my garding the property at 445 South Street in Hy August 18, 1981 letter to you I stated that I would invSeptember and report my findings . On Tuesday, the rear building oing through the house with 22nd I investigated the complaint by g artment with a small the tenant. rThis theunit rear�nLThesBoardnvotedle P storage room in "That a permit should issue allowing the conversion of the artment, garage at 445 South Street, Hyannisarking a motor evehicle, reserving a space for storage and Inspector as to design with the approval of the Building and .material Therefore, I must conclude that no violation exists as charged in your letter. our letter of August 31, 1981 containing an In response to y ment for rent at 438 South Street, advertisement- listing an apartterm that er 22nd, ro informed e spoke sited Mrs. Brenda Mason on Sep at length concerning the ad and her tenants. I was Hyannis, I vi ad" was personnel changes had been madesatisfied that that the „ erroneous - personnel Following our discussion I w met and found no violation her lodging house license was being at this time. I trust that I have answered your complaints . Peace, Joseph D. DaLuz Building Commissioner JDD/gr cc: Board of Selectmen Board of Appeals Town Counsel I . t - q� -- 4 i t -144 a 1 ', ,� � I ,�� i� ' �; �� �� I � . � � , --____--��Y--- ,� i i � � � �_ -- ------ --,--- ___- -- ,-t------_ - ---- _ _- __ __ __ _ __ .- -- -- -------- ----� ;, �� -- � li __-- _- _ _ _ _____ _ .-- _ _-- ---_-___ ______�_�______.� �_ __ .___ _-- --��--4 --- -.--- - - --- -- --__---._- -- ----- ----- - - -- _ _._______ .---- - -------------t- _ _ ___.__-- -- _- __.___ ._ __ __ .� . �__ _ _______.. -------.,r- ,t �V 1 Fy 1 1 1 i r -- --- _- 1� 1, i i iIf ��I 1 _____ �_ �, __ ___ _�'t ___ _ _ �___ _ �._ _._____ _ _ ____ _ _______ __ ______ -- -__-- 1 - - �_�_ ...�._- ---- __ ._._�.�.--•---�----- -- ---- - ---- ----- i -- _ ____�1 ______._ __-- -�___-- -----__.__._ __ _-�__ �; __ ___ __ I � �____�_ _--- _-- ---_____- -- -- _ __..__-- _�- _�Y,.,____ _____ _�___ __ ________- ___-- _- - - - ----------------_ ___ -- __-- �_ .� �.._____ __�..�_ .__ _______�___.._ , ____ _�,. � , - _-- ------r-_�__ __._ � '� __ __�__ Wit{ __.,_ .�_.__. _�__. _ ___._� _ __-- __ _ _ _ -- -- ---- _ _ .___�_.�__� �__� , . �, _. ___ _._ fit _�__ __ _ _ �____- _-- - -__ ____ _ __-- _--- �.-- I t_..�_____.�� ._.__�_______r_. - �. _ �-_ __ .� .__ __..-- y AP Et 14 :1995 439 South Street Hyannis, MA 02601 April 11., 1.995 Mr. John Hogan Beltone 438 South Street Hyannis, MA 02:601. Dear Mr. Hogan In response to your having talked. to my wife at my house this afternoon,. I would rather that when you are that irate that you would choose a day when I am not working and when I. could answer your concerns since I. am the one who signed. the originaL. complaint.. I will attempt to answer your concerns:: 1. I had shown you the formal complaint last fall made out to the Building Commissioner,, and you thanked me for my consideration.. 2.. Your statement today that you would buy 445 South Street at auction in May and leave it as it is seems to be just a threat. 3.. Your statement that you will sell 438 South Street to a Drug Rehabilitation Center is another threat... 4. Y our comment that you. will. b.ue us and own our house seems. rather. immature. 5..,Your comment that you will- be around after we are gone has to be answered by our children and by our grandchildren.. our posture is that we are adhering to state and local- laws, ,and we are not intimidated. by those who tr.y ,to circumvent - them at our. expense.. Si cerely, William Naylor cc:. Ralph Crossen, Building Commissioner Warren Rutherford, Town Manager Thomas Geiler,: Director,. Health,. Safety, and. Environmentiil VIPi. AP it 4 1995. 439 South Street Hyannis, MA 02601 April. 11., 1995. Mr. John Hogan Bel-tone 438 youth Street Hyannis, MA. 02601. Dear Mr. Hogan:: In response to your having talked. to my wife at my house this afternoon„ I would rather that when you are that irate that you would choose a day when I am. not working and. when h. eould answer your concerns since I. am the one who signed. the original- complaint. I will attempt to answer your concerns.:.: 1. I had shown you the formal complaint last fall made out to the Building Commissioner.,, and- you thanked me for my consider.ation.. 2.. Your.: statement today that you would buy 445 S"outh Street at auction in May and. 1eave it as it is seems to be just. a threat.. 3.. Your statement that you will sell 438 South Street to a Drug Rehabilitation ,Center is another threat.. 4.. Y our comment that you will._ 'sue us and own our house seems. rather: immature.: 5.. Your comment that you will be around after we are gone has to: be answered by our children and- by our grandchildren.. Our posture, is that we are adhering to state and local laws, and we are not intimidated by those: who .try to circumvent them at our expense., Si cerely, William Naylor cc:. Ralph Cross.en, Building Commissioner Warren Rutherford-,. Town Manager Thomas Geiler,, Director,. Health,. Safety, and. Environmental L- dF� ry The Town of Barnstable sAi;xerA. . b e MAW mat' Department of Health Safety and Environmental Services rFc rr►�'" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: `C'490-6230 Building Commissioner March 12, 1995 Mr. John F. Hogan, Jr. 438 South Street Hyannis, MA 02630 Re: 438 South Street, Hyannis, MA A=308.123 Dear Mr. Hogan: You are hereby ordered to CEASE AND DESIST the use of your building as a multifamily dwelling. This use is in vioiation of your Zoning Board of Appeals Decision of 1984. Please apply for a permit through this office, within 48 hours of your receipt of this letter, to return this structure to its prior legal use. Sincerely, Ralph M. Crossen Building Commissioner RMC/km r Q950412A Morris Carole From: Maloney Kathy To: Moms Carole Subject: CEASE & DESIST Date: Wednesday,April 12, 1995 10:14AM Priority: High Please give attached letter to Tom right away. Thanks. KM <<File Attachment: Q950412A.DOC>> Page 1 aF�rq� The Town of Barnstable • IARIVBTABl�, • e`q: Department of Health Safety and Environmental Services +" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner March 12, 1995 Mr. John F. Hogan, Jr. 438 South Street Hyannis, MA 02630 Re: 438 South Street, Hyannis, MA A=308.123 Dear Mr. Hogan: You are hereby ordered to CEASE AND DESIST the use of your building as a multifamily dwelling. This use is in violation of your Zoning Board of Appeals Decision of 1984. Please apply for a permit through this office, within 48 hours of your receipt of this letter, to return this structure to its prior legal use. Sincerely, Ralph M. Crossen Building Commissioner RMC/km DELIVERED IN HAND Received By Date Q950412A APR 05 195 14:59 CAPITAL ANALYSTS 5087751311 P.1 I I i Ct1ARLE5 a. McLA.UGHLIN, Jr. j Attorney at Law ` 16 Sohool. Street t flyanni,s, Massachusetts '02601 Telephone (508) 775-1142 , FAX (,50a) 775-1311 TELECOMMUNICA`r'ION INTOWATION SHEET F Please deliver the following pa-ge(s) to: L � � RECIPIENT'S NAME COMPANY TELEPHONE NUMBER TE.LECOPIER NUMBER 41612 The material. :is from: SENDER'S NAME Charles_ McLaughlin Jr. COMPANY` Attorney at Law _ TELEPHONE NU14BER (508) 775.--1142 , TELECOPIER NUMBER (508) 775-1.311 TOTAL PAGES SENT (NOTE INCLUDING COVER PAGE) COMMEN'1'S: � , M 1 •k�ck�*kie'k* . IF YOU QO NOT RECEIVE ALL THE PAGES, PLEASE CALL SENDER'S TELEPHONE NUMBER AS SOON AS POSSIBLE - dr�i*k�ckkkh DATPS SENT a 0266a-8 APR 05 '95 14:59 CAPITAL ANALYSTS 5087751311 P.2 1 TOWN OF BARNSTA L Zoning Board of Appeals 2; nfi]i,l 05 �BRND(� Deed duly reebrded in the Property;Uvvner - County Registry of Deeds in Book .'JOHN F. HOGAN, J R. W......__._...._...._..._...... ...................................... »..� rage Petitioner District H�of the Land Court Certificate No. ....:.OI,Q..a ....Book » Page ../� 1984-07 Appeal lNo, »..»......».. ..,..»..,. .. 1984 FACTS and'DECISION. JOHN F: HOGAN, JR. filed etitioi December 28, - 84 Petitioner. ...» » »..»».,_ . .. ..�..» .»,.._,, .............._..» P i on » __. 19 requoting n )0*iGW4(,perxuit for premises at ......4.3$....�auttt•-.St r..®et,...._. . _._.___•_...•.._..., in the village Mr"Q ,of ...... ». Hyannis . .»„ ��_ ..�«,»»«.« »; adjoining premises of . . _.... (see attached list) ,._,_..._.•.. , 12' 280 ' Locus under. aonaiderh,64n s Barnstable Assessor's Map ne;0�........:..................,...... lot no. Pet.tiou for Special Permit Application for Variance.: . Q Made Under sec. .:......:. ....... of the Town of Barnstable' 2oriine by-laws and .Sec. . .......;.........._..................__......................................._............._.. Chapter 40A., Mass. (den. Laws forthe .purpose of ». .•...• ...... _ ........................._............. _.....•.... , --= �_ -----...._ _._W _:.__._ •.»__ ». ,.•...». .r .»................ .......,............................. ...... .Locus is presently coned in.... .....9- _ _..... »_.�___......... Notice of.this hearing was frivpn by rnxil, postage prepaid, ,to .all persons•deemed affected and by publisbing 'in .BarnS table. Pat r i.ot riew�paper published in Town of Barnstable:a copy -of. which is. attached, to the record .of .these proceedings filed with Town Clerk. . Ar public .hearing 'by.the Board of Appeals or tine `1'owa of Barnstable was .held at the Town. Office.Buildino, Fiyennis, Mass" at 8:00 1984 upon said petition under aonix�g by-lawn; . Present at'the hearing were the following members: Richard �:.....By........ .... _.• Luke f'.,.La il:al... Claairrzaan 9 , APR 05 '95 15:00 CAPITAL ANALYSTS 50e7751311 P.3 At the conclusion of the hearing, the Board took said petition under advisemient. A view of the locus was made by the Board. Appeal No.. 1984_07_._..._..._.____ Page of . 3, ........ On _,.... , The Board of Appeals found . ._.JancaarY_26s_ _. _...._........_...._._ ....... 19 84 Attorney Michael .Ford. represented the ptit'soner who. is seeking ,a Special Permit to allow a chan.ge.of use from rental of rooms to professional offices at 438 South St. , Hyannis in a RB-1 -zoned district. John Hogan, Jr. , is the owner of a Beltone Hearing . Aid Service presently located a 163 Main, Street, Hyannis (east end) where he has been in business'since 1977. The petitioner currently has the .property under a Purchase and Sale. Agreement with the owner, Brenda Gonlee Mason. The locus consists of Lots 123, and 280 and., is currently being used as a lodging house - located directly after. the gas station. heading east on South Street. The apP_ ican will conduct hearing evaluations In the office. There are sales people who work for the applicant but do not work out of the. office - they only come in for sales meetings or to file their reports, during the regular 9 - 5 business office -hours. Mr. Hogan holds a degree i.n. speech. pathology - semi medical type business. There are no plans at this -time for expansion.- the petitioner will remodel the interior of ,the building and give it a general facelift there is adequate off street parking available. Parking plans- have been submitted for the Board to' view - ten parking .spaces - would need four per, professional occupant - parking should be marked off- to comply with ,the Town of Barnstable Parking Table 200 square feet.paved area.- Section S, b and d of the zoning. by-Taw - with reference to five (5). feet of natural screening .(green) along the west side of the property. . The .pet itioner .teils the Board that he had planned on=removing the-exist.ing shrubbery. because he thought it was. dead. There is some discussion as to whether the petitioner intends to operate professional off' es within he entire building. The petitioner tel s tFie Bolt at,he oes rnten to createlo rce art o ice. out of the front portion of the building. If there is any residential use, .it wool:d ,be .for a cne-person apartment - perhaps someone residing in the building to mainta'i.n saoie - wiW_eventuaily convent to all office space. . Gall comments that in the future he may enlarge, but for- the present time he is talking only about his own., use -. the Bel.tone .off,ice may at some time comprise the entire structure. Luke Lally mentions the parking and questions, whether the petitioner does in ,fact comply with the .parking - it appears that the petitioner reeds one more spacer the. parking plan can be re-drawn to show ten parking spaces. Also of .interest is a turn around at the end of the lot -. perhaps there should be a restriction in. the decision, that the petitioner must supply the ten parking spaces. The petitioner feels that there is, adequate. park..Ing. - safety- should be of interest as there is poor visit-iIi,ty between the gas station and the traffic light. The petitioner would be wi-1 ng to comply with the turn around and additional parkig. Mr. Naylor, one of I, .... .. ............_. .... .-_ .;......W ........, Clerk of the Tpown of Barnstable, BarWable County,' Massachusetts, hereby certify that twenty (20) days have .elapsed since th,e Board of Appeals rendered its decision in the above.,entitled petition and that ao appeal of said decision has been filed iu the office of the Town Clerk, Signed and Sealed.this .................., day of ...... ....... 19 __.._ _. under the pains and poualties of perjury. Distribution:— Property Owner .......... ............:...:......................_..................... __ Town Clerk Board of Appeals Applicant Towu .of Barnstable Persons interested' Building Inspector l:'txblie Information B ... ..-..___...................:. ..._:,. �.__ Board of Appeals Chairman APR 05 '95 15:00 CAPITAL ANALYSTS 5087751311 P.4 1 At the conclusion of the bearing, the Board took said petition under advisement. A view of the locus was made by the Board. Appeal*No .» 1 9 84»»Q 7 Page of a On --.....d? rY.�bs _ ..........._-.......:»..»_» 13 a4 ,The Board of Appeals found the abutters, tells .the Board that he thinks before anything is granted to the petitioner, the Board should be aware of the fact that there have been numerous complaints and problems with.the property, as it currently exists, presently a rooming. house Dr.. Dunn, .a next 'door. neighbor also speaks about the parking the Dr.. is asked to come ,forward and view the. proposed parking plan. A new parking plan will be submitted to the..Board showing a cul-de-sac and the ten parking spaces. The .Board voted unanimously to grant the _petitioner a Special Permit .for professional ffices loc ted• at 43$ .S6uth $treet, ,H.yann•is with the restriction that there be a 5 ft.•, gr eur nns�r.eening Along the west side of the property where it abutts the neighboring Sbel I 'Gas, stat Lon, in°comp liance with..RB-I zoning.,(5) and also Section S (b) of the zoning by-1aw.s, i C ✓7 Vo p� .. s Clerk o'f the Town of Barnstable, Barnstable County, Massaebuset'ts; hereby, (:ertify, that twenty (20) days have elapsed since the.Board of Appeals rendered its decision in the abor a entitled.petition and that no appeal-of said decision has been filed in the offioe:of the-Town Clerk,. 3i;ned.aRC} .Scaled this dav;of ...,..__,..... ......... 19 y___..... under the Paine and -penalties .of perjury... :.. / l Dbtribution:— Property Owner;. :. ,.. Town Clerk .,..._,..................__.__�._.._.._..._.. hoard of Appeals Applicant Town oaf �3�rnntable Persons interested Building Inspector Public Information: I3w Board of .appeals G`flairman- . alh i� - t � � 5/`117 i a { l J 439. South Street Hyannis, Ma 026.01 April. 9 ,. 1995 `Mv ' Ralph- Crossen Building Commissioner Town of Barnstable Dear Mr. Crossen:.. I have not as yet received an answer from you concerning my. letter of March 1.7,_ 1995,; with an enclo- sure which depicts the decision of the ZBA.. on January 31, 19850' limiting 438 South Street, Hyannis,, to an office only -- no apartments., Today someone moved into the second illegal-.apart- went at that address... I would I't e taicat�, you would ::Se tour good offices to rectify the situation before the noise and. confu- sion of the summer season begins.: Sincerely„ William Nay or cc::: Warren Rutherford, Town Manager Thomas Geiler, Director, Health, Safety, and Environmental Services r APR I 1 '1995; ; ` . y t E i 439, South Street Hyannis., Ma, 0.2.601 April. 9,, 1995. Mr., Ralph Crossen Building Commissioner Town of Barnstable Dear Mr. Crossen:= I have not as yet received. an answer from you concerning my letter of March. 1_7,_ 1995,; with an enclo- sure which depicts the decision of the ZBA_ on January 31, -1985,; limiting 438 South Street, Hyannis„ to an office only --- no apartments., Today someone moved into the second illegal- apart- ment at that address... I would . hoti.e that you =would use your rood offices to rectify the situation before the noise and confu- sion of the summer season begins., Sincerely,, William Nay or cc Warren Rutherford,, Town Manager Thomas Geil.er, Director, Health, Safety, and Environmental.... Services APR I i 1995 " Jdhn Hogan 438 Sath Street Hyannis, MA. 02601 Dear Ms Lke as, To respond to cur phone oahversatim about the back apartnent. It was rented to three warren h= June 20,1994 untill August 26,1994. I would be at work 8:00 an and leave at 6:00 each right and would see the waxen with &fferent friends. Never did I see anyone else oaring cut in the morning. 'There was trcdole in rry Acing lot with the people frm GAdo nxphy. I have a d-am acmes my parking lot but cn more than ahe oocasiah they have raraved the dhain and parked in the lot. I would care in the next morning and find bmkr=n beer bottles and the srell of urine cn my bum. Because of the parking Clem and the mcmt of work I had to do after the amTer I will only be renting this cut cn a year rnrxrd lease. Sinoerly i L Better Hearing Through Professional Care 438.SOUTH STREET HYANNIS,MA 02601 TELEPHONE:(508)771-1835 Bd1diM Dqmrbrert 367 Md1n Street Hyamis, MA. 02M1 e N60 __ �:. -_. _ T< � t: '• �� �, .,,�. ,. Crossen Ralph From: Jacobs Mary To: Crossen Ralph Cc: Geiler Tom Subject: On-going saga of Mr. Naylor Date: Monday, March 20, 1995 2:49PM Another letter, huh? If Mr. Naylor's information regarding ZBA action changes the situation, please follow-up. Also, could I please get a copy of your last letter as I was not copied. Thanks. If this continues, it might be worth setting up an appointment with Mr. Naylor to explain all of the nuances of the situation so you don't have to keep corresponding. Please copy Warren and I on your next response. Page 1 - : ^�' J. � _ + i r w ,}.� rf _ f #•' } ,any r ,.� . -• •i - SM '`� F 1. - � . yyt fir• f I ��� n ;,rr�• d ,y; �'�'�'.. .f: ,yam,' yvt r'fi '. dr..'lf - . '+ 'f+ S +j t FS,•,,. a - . � � ..} �.:^s` x.. }i ham'D l.rw nh .3:"• 8 @-•`• r - - .-. •k �.'.. r: � .r �': T - is,' r � * 2y, .,r Y y,x 4 a. •y etir - .d+•',t ! 3... '� .K F .�,' '�`�.' 'M1ti C. �+.,7 d f.n T ,. ti. Oi tw ... _� L-' a 3 a+.``st lei r,°`,}. T �.sr N .•. T+') ;� ,. ,•'Y Y -!.. t'reet ,r �iarch' 3 , °1995 *� � �.,; �� by "+ �.'4 •. ,G" A ,"7r. ih �,_ <.. -Ralph M. ,Ciossen; Bui.ldi-ng ,I�ispectox y _ Town rof Barnstable 'Dear e-Mre. ,Cr'ossen vc r f kN { y'�r •�,",S 2 ''• 'fi ! +F t f` h !y} K v a,iJ1 ; !�` +J." r" �. f' '' t -.!. q �.. ! ," .-:, e ..,'.e ,, �.,�'• , � •��' ems' ..� ��'. -; � �: Y �; As.'of this 'date IJhay..eYnot received an answer , from you,concerning Y letter, of epte'mber .29 ,~ 1994, which ;you had' requested °' =�° °��rY ;• mot. ' •Lx r.. h Tr •^�r ` 5 An rge�diatee'pro lei Yexigts because the'-maneuv.�- f w ering�of boats a:nd;,out, of `445 Sautl � Street` �iyannas;�; -f - has `Caused damage' to the privet .heelg �ah� cY .�is °thee A only barrser4=betwee.ri' mY property anc �absolute .chaos n My,ccerns• have, not'-changed'.. ' T dam sti'llr'o E the 1 opinion that the zoning v`id, ations; in =the 'area :are „• ,- t flagrant' and,-have`.a deleterious effect on, ,the :value-'` "F `of. 'the proper-ty of the few wh'o abide Eby,!tie ;regulations ' ?.t 'r.4` r �^ Sincere-1y,� z r r VYilliam Naylor A-" -Cc Warren Ruther.fod, Town `manager. x, r .. rM - ,•�' n '�„� 4. k ��L�'� �,� r.. � �'�;. .k� a '`u.., r..` ,ate�.�. -'f .-, _ .� ... y,,,,; d.r ,.rid •� . �• ., L w t.:.' t y •tr .i 8 d ,y.2 :,T'Y�^ <�r+�f s'•pp, ! � �,. l, tj 1 K, y '�/ f 1S �' ,' 3N 4 y.y ate/ ra * � •s March 3, 1995. Randy Emmons 445 South Street Hyannis, MA 02601 Dear Gloria, After talking to you on March 3, 1995 I thought I'd drop a line. Since our conversation in the Fall and throughout the summer I realize only ONE boat is allowed at 445 South Street. Due to the ice in February I was forced to stop working and bring another boat here long enough to get the ice out of it and check for ice damage. This was approximately one week ago. I'm sorry to inconvenience your office with the continuing harassment from my neighbor. As far as the boat hitting his hedges I think it is an out and out lie. Furthermore, I think they are unfit neighbors. While I have this chance I would like to ask your office to direct me to the office where I may lodge a formal complaint about my neighbor(Mr..Nayler), blatantly throwing materials such as grass clippings, brush(from hedges), wood and basic lawn trash, while keeping his lawn up and lowering the value of this property, which is none of his business. If he is so concerned with this property I ' would like for him to remove this problem.. I believe an order from the Building Department or perhaps the Board of Health would solve this problem. Sincerely, Randy Emmons March 3, 1995. Randy Emmons 445 South Street Hyannis, MA 02601 Dear Gloria, After talking to you on March 3, 1995 I thought I'd drop a line. Since our conversation in the Fall and throughout the summer I realize only ONE boat is allowed at 445 South Street. Due to the ice in February I was forced to stop working and bring another boat here long enough to get the ice out of it and check for ice damage. This was approximately one week ago. I'm sorry to inconvenience your office with the continuing harassment from my neighbor. As far as the boat hitting his hedges I think it is an out and out lie. Furthermore, I think they are unfit neighbors. While I have this chance I would like to ask your office to direct me to the office where I may lodge a formal complaint about my neighbor(Mr. Nayler), blatantly throwing materials such as grass clippings, brush(from hedges), wood and basic lawn trash, while keeping his lawn up and lowering the value of this property, which is none of his business. If he is so concerned with this property I would like for him to remove this problem. I believe an order from the Building Department or perhaps the Board of Health would solve this problem. Sincerely, Randy ons S �. t�"°r Cs * .�X+rn �• Y `'� " .� -� •a39. �buth.`WM+eeet � ...�t F - a Hyanxlis„AMA. 199� 07,t r r r v t Me. Crosse `� Bui]iding Xnspector .y,}f.a 6.. F9t5 L/,t+y�{>�f�1 7. ?hi.�„y.. �4 a ar$� l.-:.�gSYi�� .,{a• at y a, . i r .� r Htit�k � arc y.3,�r ,La„ _ 'Sl. �ta w� � � s 7!r• �' f v.. i*:. ��1��+��'��TT'�'��e�r*, wr - �� r� � �I•�1'Y}Pi t t r u: rya y >° w• ,may, 'As: you- suggested 'inaehephone co.nvers.ation this � mornings I. am writing to.` inform cu conce ..in- Y y k zoning violations iiimy neig}iborhood:.: Rather: than 15. recite• a. litany, of 'violations:,, Z aw confining myself those violations that. aff:ec�t'thequality, of life ,the neighbors in this resientia area r �.,1•t t � 7 3 r }h * q zttN An,;, illegal. boat.-yard: exisas at 445 South. r Steet ` Y a nnis H .. . <' �• h The owner_ of the property -s To Peters p 17.8 ;Old:= Colony Ave,. #2.7.9.,, Quincy,: MA. 021.70 JfF ` 3897: ` At the present time: there are 3: boats on the property (MS1991Rz MS4 7KG and a s�aaller, aluminum F ro[ar� 4 Xlr }`¢boat I► ^x� : �` } °m+z4"Gy� �1`y �d.`w�•1?' r C '7S ��SJ"�rt-�t'. �. � i .ro .,: `'_ 'tea v - :'•',. �:'. ,. ^•Y There are 2_ illegal: apartments..:-at }438South iF ;S.trdet,:` Hyannis.. =:'h have not received. a report con- ` `�rtrR veining the .,compl.aint I. filed with..,your office: last summer,, but :the apartments still, exist,. If you `feel that ny',,..concerns.. are unfounded"L please. �y r Vi tell: me. I am beginning toa feel. that my patience ee has been misinterpreted. _ y $ A RAY 4 - ts� 7j �.,y' �� W�1.n Naylor �F aL�P,X i } .Je s xy v"'Sin,,•..{ �"3gt►.';Ra.chard� w Hord "; ,• x ; :{S..F � m-t%kx °u. � 'gri,�a,Y4b ''' �'sw�.w ". i .� 'n .'x '1.f�•�`�..��•t~�.� rsd .. .� '" _'c 1 - Y6,c.`yt- 4 i�,.. .-0:t: a• ^v.eI s"'[ °';, .r '". � :J• °.j ��,.w,s'C i R,_..of� ix r.,,r -�. :.�Y- �',�4•r �.£ „(. ., �?}„4 arJ:."}f M&r,•�` �. � yoY:. ra �;;�1 J..ky :% Y � r� "t a `}j J -��'�T' t ,P it y,} -S �,r�' rt���''�-�r�,v4 r••�y - �r z a '� . • r��}; g6z�"X"r�SC,.•r.k i{.�'?1{.41'.. a }�`�Y[E"r1R�s��, $�,4.ca`F;{*'�'°}° � ��—�a}s ' � ..e �y _ � �ti `*�h .��?Sf�r ? -�? r 3ar' 'La!^vL %�.•f?°r .�'`b'`t`.��+`t�Bd H+•?a+t_- >, a t'•Ps:.� _�, 5 ^" �2" r t. r a i �.. ke a4aY a "G s5. F F r•'<+.. POl s:. 'L.��y's� in'ti�}x}ry,.� .•��r 1 '.Ft '�,4 1 '� / - r t-c��tf`w `... ° r �,�-. a T ,r '� - ar, t,::.��r•r»'d��., ��^Lti�jhb' J �j c „�14'�rr. .+' y�j/� r'i y-: 3�'�,� '�s�a+`. ;71p .3 ���'�';� A�'• f �."Syzf�,D'�- �"'�-�,�'�f �sou�� �'z » ;.: ay ��e�� � .,4 k � t 7�'' qi'7,K y. •tr a' s sa ?yb•�t'�•� � �'' �.�. .r� �: .* W �Z�.. �1., � ". , y��L'�,��G#� �._ e" � � '+('7''y,- r„ ,,n�"4°r'#'..�'•,�,r.,sc,��'''u:_n r..d� ���y..# '".Cr..,4 t� r�arF + i���i'�_> +� 4 yily t >.9•bt,�S .i�' �Cb. p,� .XS .. y J .1 - sr J lit Pzle S . 1 R t b ' __ A j _. . . . . = f I r i t r r i{ I� r I• it i II ` �{ I! r, 1 lft I rr ( I t. 11 l� I II Ij 1 �rl ��; -- �� - �i - - 1 -- 'II', li I�I�� ----1( f. III Ili III i /oZ 9/1 i . G4 . Cl re,Rl -M�li 7 _ f _� ��' _ _ _. .. <. i ... r�� ,� :� ""�;�� ���: _ _ _ .. ��. 4. ... - .. - - - �- -- _ _ .._... . . . - ___ ... '1 ., t � �. ... , .. , � { `, iE „� _,.- 3-1.2 RB-I Residential District n F 1) Principal the RB Permitted Uses: 4 1 District: The following uses are L permitted A) Single-family residential dwelling (detached) . 2) Accessory ) Uses Uses' The following usesare in the RB-1 District: Permitted ' as access 0A= A) Renting of rooms members b the for not more than three 3. family (3) non-family dwelling. Y residing in a sin .. .,_ single-family B) Keeping R. P� 9, stabling provisi in and main of ons of Section main 2 horses sub ' ( ) (B) herein. 7ect to the 3) Conditional Uses: conditional uses inTthefollowing uses are Permit " is first obn t edRB-1 District Permitted as subject to the f Provided a Special specific . Provisions . Zoning Board of Appeals standards of Section 5-3.3 herein this section: for"such conditional and the " , uses as required in A) Professional Offices subject to a) Professional offices are the following; principal professional Occupants to use b clerical or other and their custy two omary mary b) Any new construction or remodelin structures is in g of existing . keeping with the existing residential character of the area. c) Adequate off-street with Section 4-2 herein. is provided in compliance B) Private non-residential parking areas subjec following: t to the a) The parking area is the RB-1 District whichaisdonly within that section of bounded on the the east b , on the south b north t the B Business District Street, y Pleasant Street and South Street, on on the west by Sea b) The parking area is in common ownership located on land contiguous to and District or in that sectionwith lof ot in the B described in Sec. Business 3-1.2(3) (B) (athe Residence B District ) v 5 L c) The parking area is limited to use by the employees, servants, agents and customers of a lawfully existing business establishment without cost for its use. d) The parking area has no access from South Street. e) The parking area is paved and is striped in accordance f with Section 4-2 herein. I� f) The parking area is 'screenVdsual from barrier from evergreens residential property by a E or other suitable natural growth. y 9) All areas not used for parking are appropriately landscaped and adequately maintained. C) Renting of rooms to no more than six (6) lodgers in one (1) multiple-unit dwelling. D) Public or private regulation golf courses subject to the herein. provisions of Section 3-1. 1(3) (B) E Keeping, stabling and maintenance of horses in excess of the density provisions of Section 3-1.1(2) (B) (b) herein, either on the same or adjacent lot as the principal building to which such use is accessory. F) Family Apartment subject to the provisions of Section 3- 1. 1(3) (D) herein. G) Windmills and other devices for the conversion of wind an energy to electrical., or mechanical energy, Y as accessory use. 4 ) Special Permit Uses: The following uses are ermitaeSpecial as special permit uses in the RB-1 District, p rovidedPermit is first obtained from the Planning Board: A) Open Space Residential Developments subject to the provisions of Section 3-1.7 herein. 5) Bulk Regulations: ZONING MIN.LOT MIN.LOT MIN. ETBACKS INMINIMUM RFT. MAXIMUM E SQ.FT. IN FT: IGHTMINLFT. DISTS. AREA FRONTAGE WIDTHTH S -------- IN FT. ------- FRONT SIDE REAR 1% RB-1 43560 20 100 20 # 10 10 30 * . * Or two and one-half (2-1/2) stories whichever is lesser. # 100 Ft. along Routes 28 and 132. ' 4 Crossen Ralph From: Jacobs Mary To: Crossen Ralph Cc: Geiler Tom Subject: William Naylor Date: Wednesday, March 08, 1995 1:45PM I'm sure you have probably read by now the next iteration of letter from Mr. Naylor. Please respond to him yourself. He will not be satisfied until he hears directly from the Building Commissioner. I'm sure you were intending to do this, but please advise him in the letter that if he has any concerns regarding things which are not zoning in nature, but are criminal in nature, he should contact the Police Department directly and file a complaint. Page 1 111 Crossen Ralph From: Geiler Tom To: Crossen Ralph Subject: letter from Warren re Naylor Complaint Date: Tuesday, March 07, 1995 4:28PM I believe warrens memo to you directed you to respond in writing to Mr Naylor. Glorias letter to Mr Naylor is fine but does not comply with Warrens directive. Please take the time to respond in writing to Mr Naylors letter(s). Page 1 I Crossen Ralph From: Jacobs Mary To: Crossen Ralph Cc: Geiler Tom Subject: Letter from William Naylor Date: Monday, March 06, 1995 11:47AM Warren was copied on a recent leter(march 3)from William Naylor regarding a previous letter to you on Sept. 29 which he claims you did not respond to. It alleges that there are zoning violations at 445 South Street, Hyannis. Please respond in writing to Mr. Naylor as soon as possible, and forward a copy of your response to me. Thanks. w Page 1 The Town of Barnstable iAIUUC. "9 " Department of Health Safety and Environmental Services ►�r.+" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner March 3, 1995 Mr. William Naylor 439 South Street Hyannis, MA 02601 Re: 445 South Street, Hyannis Dear Mr. Naylor: I have been in touch with Randy Emmons by telephone and letter(copy enclosed). I also went by the site and saw only one(1)boat and no unregistered cars. I do believe Mr. Emmons has tried to comply and this office will continue to monitor the situation. Very truly yours, Gloria M. Urenas Zoning Enforcement Officer GMU/km (SEAL) ; COMMONWEALTH:v' ` OF MASSACHUSET.TS DEPARTMENTOFTHE TRIAL COURT To Thomas J:,Peters Case and toall l Persons entitled t0 the benefit of ihe501diers'and Sailors 'CivilRe- Ilef Act of 7940 as amended: Fed- eral Deposit Insurance Corpora- tion as Liquidating A Savgent of in Southstate Bank for claiming to be the holder in a mortgage Covering real property gs in Hyannis,known and numbered OS 445 South Street given by Thomas J. Peters to East Wey- mouth Savings Bank,now known as Southstate Bank for Savings, dated June 1, 1988 and recorded With the Barnstable County Reg- istry of Deeds in Book 6286,Page f' with Sai court a Complaint�led for au ho ity to fore- close said mortgage in the man- l ner following: by entry,and Possession and exercise of power Of sale. If you are entitled TO the bene- fits of the Soldiers'and Sailors' I Civil Relief Act of 1940 as amend- ed and you obiect to such foreclo. i sure you or your attorney should file a written appearance swer n said court at B stonnodnaor before the 5th day of December, 1994, or you may be forever oneclosuremI iln'i dg that such under said Oct. C Oi R N,ChiefJ�Bic OfsaidC u(rt this 21st day of October,1994. Charles W.Trombly,Jr. Recorder t 11/3/94 TOWN OF YARMOUTH 439 South"street Hyannis,. -MA, i�Tovember. 1,0 1994 . Gloria xe.nas> F3ui . ins Ins-�ect.or+s Office : ToYn.•of Barnstable Dear Gloria cis' yo.0 re:guested- yesterday in 'a phone. conversation, I. a am.-enclosing. a.-,legal.. notice: concerning- 445 S-outh: -Street, Hyannis:, Also o.:C- the. three boats I complained -about i'n'; September., two�,'•have never, lef-tl'the 'Pro erty, =a.ne of the boats, a "'black` wooden a,one that :'Randy Eraonds. had sanded and ,painted last su* rer .was t.alcen ,'ac>>ay by the Powers br,others:; �,It.: was.-re;t,urned for •a 24 hour' period but has: been taken away :again, Further; the: _-two unregdistered'.vehicles are sti1.1: on the property. r s L- -agree :that 'deal' ng: Girth ,l:a`nc I is da ig e'rous and unproductive = Flowever., I am sure"the, Barnstable Police De'aartment would Laravide° an •.escort a-incereLy, William .Naylor cc _Mr. Ralph, Cfossen' , Mr.. Warren Rutherford -.Sgt., P2ic,hard Howard. n . 1 (SEAL) COMMONWE;�LTHF OF MASSACHIYSE rr:- _ LANDCOURT ' I- DEPARTMENTOFTHE TRIAL COURT Case No.211659 To Thomas J.Peters and to all persons entitled to the benefit of the Soldiers'and Sailors'Civil Re- lief Act of 1940 as amended: Fed- eral Deposit Insurance Corpora- tion as Liquidating Agent of Southstate Bank for Savings claiming to be the holder of a mortgage covering real property in Hyannis,known and numbered as 445 South Street given by Thomas J. Peters to East Wey- mouth Savings Bank,now known as Southstate Bank for Savings, dated June 1, 1988 and recorded with the Barnstable County Reg- istry of Deeds in Book 6286,Page 208 has filed with said court a complaint for authority to fore- close said mortgage in the man- ner following: by entry and possession and exercise of power of sale. If you are entitled to the bene- fits of the Soldiers'and Sailors' Civil Relief Act of1940asamend- ed and you object to such foreclo- sure You or your attorney should C file a written appearance and an- swer in said court at Boston on or before the 5th day of December, 1994, or You may be forever barred from claiming that such foreclosure is invalid under said act. Witness, ROBERT V. CAU- CHON,Chief Justice of said Court This 21st day of October,1994. Charles W.Trombly,Jr. Recorder 11/3/94 1 439 So-ith Street 11yannis , i", t..,ovcIiber lof 1994 ;�loria Urenas Buildiricj Ins.[:ectorl .,,; Office Tot-in of Darnstable Dear Gloria: i%s you rer,.(ueste(.-.1 yesterd.ay in a i.-,Iioiie conversation, I ai-ci enclosincj a le J l notice C'ollclernincj 445 .;outl-i Street, llyannis . :'also, of the three boats I com,,.'Aained about in S e-,ptember. two nave never left the pro-,perty. One of the boats , a black tToo,,-_`.en one that Ran'C.Ay Ei'tionds had sanded and painted last surai:ier, was taken aviay by the 1�owers brothers. It was returned -.I-:or a 241- hour _-_-period but has been tal-len away again. Further, the two unre(jistered v(-hicle.,-; re still on the -property. I ar'"free that dealing viith Handy is dangerou�; and unproductive. J.fowever, I am sure the F.Ijarnstable Police Dei)artment ,joul(j -Provide an escort. U�A o r cc : Vir. Ral-ph Cro., sen J. Mr.. Warren iwther .,ord Sort. "-'ichard INI USA i 29 b GRACE KELLY 1f �.�GGc�uc�ln �cyLGlr�'' /` f ®.2da/ .,,� � 'i ��� f ,� l,,f `�� � �� .,,\_ ` �. �� �. ., , ��_\ � - ��� '�� . � TOWN OF BARNSTABT,,E BUILDING DEPARTMENT- COMPLAINT/INQUIRY g1tPORT Date Rec'd B Assessor's No. Last Name First Name ORIGINATOR Street Village State Zi Tele hone: Home Work Descri tion• COMPLAINT INQUIRY ./oz Requestor's Signature COMPLAINT Street Address LOCATION G OFFICE USE OM Y INSPECTOR'S Date //l q/>9dl Ins ector ACTION/ COMMENTS FOLLOi•7-UP ACTI02: �:DDI i ZOi]hI, INFO. ATTACHED COPY DISTRIEUTION: fiHITE - DEPARTFIENT FILE YELLOW PINK - INSPECTOR (RETURN TO OFFICE FGRN)PECTOR f(Iscl POI Town of Barnstable ® Zoning Board of AppoiN ` Special Permit 26 Decision and Notice Summary . Appeal No. 1992-49 Applicant: Dr. Allen White Address: 362 South Street, Hyannis, MA 02601 Property Location: 362 South Street, Hyannis, MA 62601 Assessors map/Parcel: <3=0-8:/..9=8j Zoning: RB-1 - Residential District, AP Aquifer Protection Overlay District Special Permit: Section 3-1.2(F) Family Apartment, and Section 5- 3.3, Special Permit Activity Request: To permit a Family Apartment in an existing detached 2-car garage. Construction Activity: Renovations as per plan submitted. Procedural Provisions: Section 5-3.3 Special Permit and MGL Ch.40A, Section 14 Background: This decision concerns the appeal of Allen white who is seeking a Special Permit from the Zoning Board of Appeals to permit a family apartment in an existing structure containing a 2-car garage. According to Assessors records, the lot is 0.26 acres, and is developed with two structures on it. The principal structure is a 1 1/2 story, 1,560 sq. ft. single family dwelling, measuring approximately 50, X 261. The second structure is a garage measuring 22, X 42, and contains 950 sq..ft. The applicants proposal, as stated in the Memorandum of Support, submitted by Attorney Michael Ford, is to convert the existing 950 sq. ft. structure into a 620 sq. ft. Family Apartment and retain the remaining area for a two-car garage. The renovation is to be per plan submitted, titled Allen white, 362 South Street, Hyannis by S. Malone-son for Mike Mara. The Family Apartment is to be occupied by the Applicants mother, Mrs. Lillian white. Procedural Summary: The application was filed in the office of the Town Clerk and at the Zoning Board • of Appeals Office on July 21, 1992. The public hearing, duly noticed under MGL Chapter 40-A was opened and closed on. August 13, 1992, at which time a decision rendered by the Board.' The public hearing on this petition was held in the Selectmen's Conference Room, Town Hall. The petition was heard by Board members,- Gail Nightingale, Luke Lally, Richard Boy, Wayne Brown and Dexter Bliss, chairman. At the public hearing on August 13, 1992, Attorney Michael Ford represented the Petitioner. Mr. Ford discussed the background of the locus under consideration. f Decision and Notice " Appeal No. 1992-49 The petitioner stated that he intends to make this property his permanent place of residence. The public was asked to comment. No one spoke in opposition or in favor of the appeal. However, a letter in opposition from Clark Boydston, an abutter to the petitioners property, a resident of Hyannis, and the President of the Hyannis Civic Association, was submitted into the file. The letter and photographs from Mr. Boydston are contained in the file. The letter asks of the Board not to grant the petitioners request for a Family Apartment. . He states that Mr. white s properties are in deplorable condition and it reduces the value of the surrounding neighborhood. Finding of Fact: the zoning Board of evidence submitted and testimony g Based upon the Y given, Appeals at its August 13, 1992, meeting unanimously found the following facts related to Appeal No. 1992-49: . 1. The proposed use is a legitimate use under section 3-1.2 and 5-2.2 of the zoning ordinance. 2. The Applicant has agreed to comply with all the requirements for a Family Apartment, and has agreed to make this home his principal residence, and the Family Apartment shall be his mothers principal residence. 3. The Applicants request will improve the neighborhood. 4. The Applicant has agreed to comply with the requirements of 'a yearly affidavit for the Family Apartment. Conclusion: Accordingly, a motion was duly made and seconded that the Board grant the Special Permit for a Family Apartment as per plan submitted and representations made. The vote was.as follows: AYE: GAIL NIGHTINGALE, WAYNE BROWN, LURE LALLY, RICHARD BOY AND CHAIRMAN, DEXTER BLISS. NAY: NONE Order: Appeal No. 1992-49 for a Special Permit for a Family Apartment is granted. Appeals of this decisions, if any, shall be�made pursuant to MGL Chapter 40A, , Section 17, and shall be filed within Twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. F 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 bringing:.an action within twenty days after the decision has. been filed in the office of the Town Clerk. ✓ Chairman Clerk of the 'Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this day of 19 under the pains and penalties of perjury. bistribution: Property Owner Town Clerk Town Clerk Applicant Persons Interested Building Inspector Public Information Board of Appeals 4:35 South Steed Nyannis , .its ,,�nA 26,, 7:994 Town of Barnstable Inspection Department 'iyannis , MA. As : Storage and rep4i zing of boats at 445 South Street Dear. `air or iviadam:. The ;problem at 445. Sou.tti_.&tree st!li exists . U feel that :a " Zoning Violati .)h C"itation " is in order . it is i:� _,ortant that ��11 deci. ions of the Board of Appeals ,be enforce«. - sincerel.y,, • v:, rJ i 11 i a nt �a y i c�r • ccr Town Manager Councilor Gloria Rudman Tom Peters i, '� .,v• � •�.,.�` �.y:Fr � *^cam i"�•'�;,,,���G -:u.�rf�'..�,.'.' � w J�'�s. � J ».. s r `t. .•' FF�.yz�• F.Y,� of � ..5' r• n. ' r t * s•,t t ,� �. Y • •-,y. r• .d.�• r• ,ts}...��•r`iv n,{'M• N`xi' t`Jwet° R 4�Ea r� e��e;b Tl < . � , - s +y. d�' YP � ,Y:� C'� II4 qp. .,ram mYfg� t •.,�` q � L `'. - H h�� "•. k'i"" "p'? IL S>+ �{ Uri 4P '�x"'�¢ i ,;�,.•i- °{ r,...r? - .• , 4 ..,�= .4. ' .e;�i9+'r+' yr+ey:-w1+•. F .II"• t ?-` c*^'.'=j.�q`i. s. ,., o er' rt� Q i ' 439 = outYi street r ,S # x: yr ,) t s T�yanI21S is, �� 1 y +2 #�.•r '+5 y ^ tr A `w �4 +'C``.June,' 1,. 1973'.. % y- •r rren Rutherford Towh Manat7er .Town of Barnstable �97 _ ,➢' y ry".IIr / a• s� dear -Mr,* -�iZ y+ uthertord ' w- ' ' I would"`appreciate its i f -you- would"` 'se' your * r y food offices.. to resoi've -an oi-1 going; pr`obI6m which has the•: oterltial ,£or negate n;g�the zoning..re ui at ions r r • m r. , r -` of, the,town ,; _ � ;; , ,` °".-• 3. - '�, 4, . ,.,,.. t •} -r Y 1,,:t q d 1v.. ti.4 ,' +�y r�. xr r ,, „r ,+ .' -•"* { �.~ • t I •aim enclosing -a decislo'' of. the '' on ng. 3oard A•' },. „ 'of n J_�ea'ls w zch'O di s-.never b�e;en":enforced:... "That in ��tse3 zs an outragex ; At the , resent t�me"�there;lk is,a, '3j6 f or 42';' boat �arTced. beside= tt is outrage ihoan area.. which by'decree'" ,A ; sre"served�,ror' "household uses r ~' I}feel��that .it is about-ti'me for ,.the town' of., ` A t Barnstable to ,snort the• Board 'of Apeal.s and. the' ?.0 nln'g Zaws r j _ • '�.t }L, �,,� tin Ord{ } 3 �, � � � - . . ;, }: +• '}� Y•,t J •`Y..r x r*+ „ 'Sineerel_y.,y. , '` .-� ., i �.•�� a,. - '�. n - "` a '•4x - `LI x..,^ x�`+J ;�' e*. , .,.'�'�" s ,1a. y >Wil,liam .l�ay ..or, cc Jos.6Ph �7a Luz,. Buzlding;tConn� ssi one OL r N K ws John r Bery, Counci lrir= .` r > Gloria.Rudiaan C•ounc'ilor , n: yanni's "Cvic�`Asociati on, tii' r .. air•,* ✓:. t _� v s° �„ � .r i a .. r, _ 4= :,� `a y, • . �* \ `- Aft, 't- s`y ; t Q r. �r 4 .. -�`d- Nor c S.. n r }" V •� �Sf� n {r. .l. J +.•' : { h'Al nM �` f FN r 1 vt ♦ II 1 _ 4 •5 •A �. ryw � ` "' � ",,, f u} a9;?•".�,•y�rs M� vti 4 :.s II�+ `✓ r' � y y t�f .F•P n . y'i-. C " ' v+x :. ^'f' r � CS.t�✓" aq' _ .�;✓' ^C ^[ r} I k i � ,� S -. • 1} r'Y . .w of• � � ,+` x •.',. ?" � L , sc�•°,X r� * tr;, •r y^ � ,r At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was had by the Board. On ................................ Pl$...6 .................................................................. 191k, the Board of Appeals found ad e ' 1Y VW MI that a pemtt ®bould Leoue allowing the oommrsion of the garage at 4U booth Street# rqaraAsp into a single apartments reserving a space for etmge and parking a motor vehicles with the approval of the Build1ne Inspector as to design and moUrialse A 1 �1 Restrictions imposed: l* xho reW of tam 270 700 equate-feet lot Le to be ivaerved for uses i l'"tal to the MAn Via" 2* go other building aaargatent to be per- mitted an the . Distribution:— Board of. Appeals Town Clerk Town of Barnstable Applicant Persons interested Building Inspector PublicInformation By .................................... ..................... ...... ........................ Board of Appeals Chairman# 1 ae -� HerbRo S�bcrc f e_d'V✓l-�1'� //A�q���/�//� 'Ply/✓/[/��/{/�JA r ''�,�`_ / ~ . _,` ; �_ ,- � _.� � . ,, ,_ A � /� �� �. i -� �-- _, � ��i �,� � ��'\ �, �._ -- --w...�_ ______._� ;� - - -- �� �.� - - - - ---- - - --y�- --- .\ �� F �Y1 M 1p r 4 �f i s r, 439 ;youth Street Hyannis IA1r'i June 1 .".1993' .'r. Warren Rut :cri orc o��:n P'iunta:- er otj',n of rn'c t, ;::.e year �r. -wth r._orC.: I would a ::reciate it if you would use your good offices - to resolve an on-going problem wkiith has the )otential for ne. -iA7 the zoning regulations r of the town•: I am enclosing a decision of the Zoning Board of Axol�eals. which has never been enforced.- That 1n •'6 itself is an outrage- A, :! At the present tide there is a 36� or 42 ' "boat, 4 4' t parked beside this outran_ e in an area which b decree j Y <° is reserved for "householc� uses.," I feel that it is about time for the town of Barnstable to su > )ort the Board of Appeals and. the ' w zoning la-VIs.. ince-cly, �.1illiam P+ay or cc. Jos C" Joseph` Da Luz , Building oiii,kiissioner John Berry, Councilor Gloria Rudman, Councilor 1-1yannis Civic ssoci-ation I i... The Town of Barnstable 16 Inspection Department i6 O, `,�� 0W&I 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Leon Churchill, Assistant Town Manager FROM: Richard R. Bearse, Building Inspector : RE: 17 Chase Street, Hyannis A=308-191 James Salts DATE: September 2, 1992 The following building permits have been issued for the above referenced property: #26037 2/1/84 Remodel interior of single family dwelling #30794 6/1/87 Add bathroom to garage #35015 4/30/92 Attach accessory building to dwelling f. The accessory building with the bath addition was used by Mr. Salts as a private art studio/hobby area. The dwelling on the site is small and the addition of a bath and the installation of a washer and dryer was considered acceptable. The building was used solely as an accessory to the dwelling and ZBA action was not necessary. j I The current building permit is to attach the accessory building to the dwelling. The entire building will be used as a "single family dwelling" . i { s ' . The Town of Barns table 1 '".,,T..`�3 Office of Town Manager � rua oo, e�o• LOG # 'YET 367 Main Street, Hyannis, MA 02601 Office 508-775-1120 Warren J.Rutherford FAX 508-775-3344 CITIZEN'S REFERRAL FORM Town Manager i SPONSOR/ORIGINATOR: v '� fS COMPLAINT FOLLOW—UP F.Y.I. R.F.I. TOPIC: F r FORM OF RESPONSE: PREPARE FOR LETTER: COUNCILOR: TELEPHONE: TOWN MGR. MEMO: ASST.TN.MGR. DEPT.HD. OR DESIGNEE: DISPOSITION: - Awxz 6�� z B 179 ROUTED TO: TOWN MANAGER ADMIN.ASS'T. DEPARTMENT: FOR OFFICE USE ONLY COMPLAINT FOLLOW UP DATE IN _/ / DATE: DATE OUT f J The Town of Barnstable Office of Town Manager MAR& &39. �� 367 Main Street,Hyannis,MA 02601 Office: 508-790-6205 Warren J.Rutherford Fax: 508-775-3344 Town Manager September 8, 1992 Mr.William F. Naylor 439 South Street Hyannis, MA 02601 Dear Mr, Naylor: Thank you for your inquiry regarding 17 Chase Street in Hyannis and the building activity at that location. The conversion of the main building's garage to its current use was properly allowed through the following permits: No. 26037, Feb. 1, 1984. Remodel interior of single family dwelling No. 30794, June 1, 1987 Add bathroom to garage No. 35015, April 30, 1992 Attach accessory building to dwelling The accessory use was formerly an art studio. It is now permitted to be attached to the main building for the use as a single family dwelling. This building was solely used as an accessory to the dwelling and Zoning Board of Appeals action was not necessary. If you have any further questions, please contact Mr.Joseph DaLuz, Building Services Director, at 790-6227. Sincerely yours, Leon Churchill, Jr. Assistant Town Manager RLC CC.;TJoseph_DaLuz� A=308-101 f MARTIN J. O'MALLEY,JR., P.C. ATTORNEY AT LAW 33 BASSETT LANE P.O.BOX 759 January 8, 1990 HYANNIS,MA 02601 TEL:(508)775-7100 ,FAX:(508)775-6029 Joseph DaLuz, Building Inspector Town Hall Main Street Hyannis, MA 02601 RE: 336 South Street, Hyannis, MA Dear Mr. DaLuz: Thanks for your letter acknowledging our removal of the fence. Steve and I both wish to thank you for all of your help and ideas during the restoration of the Captain Lothrop residence. Over the last six months, we became aware of all the community interest in this visually prominent and historical structure. The project was one of the most gratifying I have been involved with as an owner. The building is almost completely restored and the restoration is one that we, and hopefully the residents of the Barnstable Community can be proud of. We hope that you will visit us soon for an unofficial tour of our new offices. Once again, thanks for all of your guidance and assistance in this restoration. Very truly yours, ---- Martin J. O'Malley, Jr. MJO/pbs JosrPH D. DALuz TELHPHONEt 775-1120 Building Commissioner. EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 December 28, 1989 Steven J. Pizzuti, Esquire, Trustee Martin J. O'Malley, Esquire, Trustee Corinthian Nominee Trust P. 0. Box 759 Hyannis, MA 02601 Re: A=308-101 336 South Street, Hyannis Gentlemen: On behalf of the motorists in -the Town of Barnstable I would like to . thank you for removing the fence at the corner of High School Road and South Street, Hyannis. The fence has been a visual obstruction to motor- ists for many years and its removal has done much to improve safety at the intersection. Peace, ?Jseph D. DaLuz g Commissioner JDD/gr 4139 South Street Hyannis,. MA ..:November 1.7, 1.9.89, Mr,. Joseph .DaLuz Building -hnspector: Town of 'Barnstable. Dear Mr.•. dDaLuz: This Letter is ,an, effort_, up`date the status of the .17 Chase Street, Hyannis, property... As a:' neighbor I `am concerned about- poteritial noise 'because -of over-crowd-i.ng in the. summer.: The "Oak i,Neck'Road ;;and ;Sea Street problems -are classic examples;. •The.y .represent =issues that should` have been addressed before :they became problems,... Also, I have seen 44.5 South street`,; Hyannis,.. de;teri.orate from a single family dwelling to. its"present condition - six shabby: apartments: ;owned ,.by a ;.slum l.and•lor.d •wrho lives in. Milton.. In rereading your •letters 'of* July 1.5011.987; July 29, 1987;, . and May 5„ 1.988, I find. "that the- fo -lowing questions come to mind:. • .mot. . .. .. .>: .. 1., Why was . a- permit- issued. by the ,*town.- for an. 8 x,:1.0 '= ,bathroom addition to .-a non existent" art studio2 2:., in your letter -of July. 29 19.87,, .you'. -refer. to, 'a, storage shed, ' Is that. stor.ag,e _shed ,the: same structure that you ;.ref(§r. to as. an adcess6ryll- buildingann your.-letter: of• May;. 5,,, 1988? 30., 'If that is a storage shed,. klhat is the hew structure ' that..i+s presently bei-ng: b.uiL't cl:.ose •.to they bound- ary line .behind the storage shed? ( I hope you do not call. it an out-house) .. Sincerely,. William Naylor` . cc: Glenmere Civic Association Board of Selectmen JOSFPH D. DALU2 rELOPHONEa 775-1120 Building Commitsiontr EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 May 5, 1988 Mr. William Naylor 439 South Street Hyannis, MA. 02601 RE: 17 Chase Street, Hyannis Dear Mr. Naylor: Obviously there must be some misunderstanding re the Salts property located at 17 Chase Street, Hyannis. The separate building is a shed, approximately 89 square feet in size., It so happens that Mr. Salts wanted an attractive shed as he is upgrading his property. Mr. Salts was in my office and I had an opportunity to hear his views. Yes, Mr. Salts has a building permit for an 8' x 10' bathroom as previously stated. The art studio, to date, is non existent as per my conversation with Mr. Salts and as verified by Inspector _Bearse. In the future he may pursue his artistic hobby of painting in his accessory building. The use would be similar to making bird houses in your garage as a hobby. As to the last sentence in your letter re the resale, obviously that is an assumption I cannot address at this time. Peace, )se�h D. DaL�� Building Commissioner JDD/gr cc: Board of Selectmen g `7 u_- - _ - -- - aAa `P .- rM SO -5z �- - -- .r .,i 6 CJ/ Q i BATHE B119SS. tASq. ''// �j 367 Kin Streel, -ldyunnsa, ///am. 02601 April 26, 1988 TO: Joseph DaLuz, Building Co issioner FROM: Board of Selectmen Attached please .find a copy of a letter that we received a copy of addressed to you concerning 459 South Street. Could you please advise the Board as to Mr. Naylor' s concerns? Thank you for your consideration. TOWN Of P,1 "STABLE sELECT�°;A 'S OFFICE 1M 15 P2 :48 4.39 South Street Hyannis, D1ii April 14, 1988 Mr. Joseph DaLuz Building Inspector 7f�" Town of Barnstable Dear Mr. DaLuz: I wish to express my oposition to the proposed conversion of 459 South St. to 3 condominiums as stated in today' s Cape Cod Times in the article concerning the recent fire at that address. Also, in talking today with Mr. Richard Bearse, the inspector for the 17 Chase Street property, I feel that your office has made a mistake.. Your letter of July 290 1987, states: As I stated, a permit has been issued for an 81k 10 ' bathroom addition. I am sure you are aware that the house contains only one bedroom and that he has been improving his property. The logic escapes me. If the house has one bedroom and one bathroom, why is it necessary ry to build a separate building in the back yard and also to convert the garage to an "art studio" and to build a bathroom onto the so called "girt studio." lie may be improving his property so that when he sells it, he will gain and his neighbors will lose ( as in the case of Ted Holmes at 445 South Street and Francis Sullivan at 438 south Street) . Sincerely, 4 V.i11iam. Na for cc: Board of Selectmen 439 South Street Hyannis,, 1Vf11k April 14, 1988 Mr., Joseph DaLuz Building Inspector Town of Barnstable Dear Mr. DaLuz:_ I. .wish to express m opposition to the proposed conversion of 459 South to 3 condominiums as stated in today' s Cape Cod Times in the atticle concerning the recent fire at that address.- Also, in talking today with Mr. Richard Bearse,, the inspector for the.- 1.7 Chase Street property I. feel. that your office has made a mistake., Your letter of July 29,. 1987,, states:. 11 As I stated„ . a permit has been issued for an S'X10' bathroom addition., I. am sure you are aware that the house contains only one bedroom and -that he has been improving his proper.tyw."` The logic escapes me., If the house has one_ , bedroom and one bathroom,, why is it necessary to build a separate building in the back yard and also to convert the garage. to an "`art studio and to build a bathroom onto. the so called , "art, studio.- , , He may be improving his .pro�perty' so• that' when he sells it,, he will gain and his neighbors will. lose ( as in the case of Ted Holmes at 445 South Street and Francis Sullivan at 438 South Street);« Sincerely,, 1 IZU40� William Naylor cc: Board of Selectmen JOSEPH D. DALOz _TELEPHONE: 775-1120 Building Commissioner EXT. .107 TOWN OF - BARNSTABLE ' BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 July 29, 1987 Mr. William F. Naylor 439 South Street Hyannis, MA 02601 RE: 17 Chase Street, Hyannis Dear Mr.Naylor: Mr. Richard Bearse is the inspector for the 17 Chase Street property. In my telephone conversation I stated the work being performed was in accordance with the building permit issued. However, Mr. Bearse informs me that Mr. Salts conferred with him about a storage shed. Because of the side line setback Mr. Salts had to place the shed at the present location. His original intention was to place the shed in the corner of the lot. As I stated, a permit has been issued for an 8'. x 10' bathroom addi- tion. I am sure you are aware that the house contains only one bedroom and that he has been improving his property. Peace, J seph D. DaLu P uilding Commissioner JDD/gr ,cc: Board of Selectmen 1 c "- � �I i U�. � ,.z ar. 439 South Street, Hyannis; MA 0.260I • •' � ' �` -p .-� -..� , •.�� ,;F `July'.'2"4',, 1.98T• .:.y j, • ,`Mr Joseph DaLuz:r� ' � � • . ^. . . .' s . Building Inspector : f7 Town of Barnstable. Dear Mr:..DaLuz:� I have not as yet heard what you, found out r since our. phone.-conversation of,,July 16,, 1987.. At- that time L pointed"out that the construction' taking place at 1.7, Chase -S-tre.et,, Hyannis, is. not an -addition ' as . you' had: stated in., your .,letter of July 15,, 1.987. . If one.is allowed 'to build s.uch.fa separate -building. and -also to convert an "existing garage to a - "studio"-- without a permit,,,I might ,be inter ested in such co.nstiuction •and, 'conversion myself as would hundreds. of. other, people in town!.., t �, Si ncerely,,, Wiil'iamri F.,,: Na or q cc: . Baard of Selectmen h * { t 1. .! ' f• -_l .. I. , t • - , • E `t P to 24 Jul- vv � �'.� i �� � i . - ` ` �� 6: � � ,._ � fi/ _ p /,_ / ��-.. 1� i �_� _ t' r 46 t JosEPH D. DA1,UZ TELEPHONE: 775•t 120 Building Commissioner EXT. 107 TOWN OF. BARNPTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 July 15, 1987 Mr. William F. Naylor 439 South Street Hyannis, MA 02601 RE: 17 Chase Street, Hyannis Dear Mr. Naylor: This letter is a reply to your letter dated June 25, 1987 concerning the above referenced property. Town of Barnstable Building Permit #30794 was issued to Mr. James Salts on June 1, 1987 to permit construction of an 8' x 10' addition to be used for a bathroom. The trench you mention is the connection to the Town sewer under permit #2123. I trust this information addresses your concern. Peace, J 'se h D. DaL z ilding Commissioner JDD/gr cc: Board of Selectmen f ct . . ,,_•_ 2 i i 1 PAGE 94 SUNDAY CAPE COD TIMES; JUNE 21, 1987 Investments 510 Mortgages 530 MCDONALD & LITTLE -0 , "Mortgage Banki�78"6267. Centerville 6 Homeowners Low fixed rates, Rena low adjustable rates, and low rate wanted To roat (ICKE'T -equity credit lines, House Sitting for borrowers Roommates HYANNIS Home sharing Real Estate Exchange with good credit. Rooms To Rent Apartments Apply by phone Houses Yearly H Y A N N I S Condos Yearly 6 apartments, each with Northern vacation Prop decks,oversized windows,to Rental-Season offer unique living environ- Financial Rental Servic menmt just blocks from Nursing HO downtown. All rented with good income. Call for Toll Free 1 800 462 9262 Business Si off cap. details. Hyannis 778.0011 SUNDAY CAPE COD TIMES, JUNE 21, 1987 PAGE 93 Opportunities 505 Opportunities 505 Opportunities 505 Interested in Leasing Negotiate Business BUYERS waiting for restau- EgUlpment& Sales rants, motels and small businesses.List with us to Automoblle5? day.Dodd Realty,394-3536 0 investment, 6 figure in- Picture .Yourself In the e potential+ and pro- prestige Of business bro BALLOON E fed territory. Rental pro FOR SALE available.Contact Bill A six year established fun on at 617 756 52,3, kerage. Expanding andinnoyativebusiness.Ex- wide. agency needs ever etlC, .cellent money r making po- g tential for a full time, hard or The Price of 1 sucessful men/women working creative individual. edroom With business'and sales Mon Pamay through info atS in year round location.Good convenient background. Integrity, 9 12 noon. y. Some owner age, intelligence, good BEAUTY/HEALTH OR $198,900. communication skillIs ODWIN CO. and a 7professional-Man.is 1500 IMAGE CLble in con- !unction1917 ner,are real positive and with large mid- Cape area hair styling salon, MIZED mo- welcome attributes infeaturing separate entrance or. l77 kin8 this field. If our compreand/or SSini�`nail equipment ve oo 1468 hensive training pro included. investment re. OUTH. 3 quired for any other equip- Good fi gram and proven meth- ment needed. Reasonable ods, are your desire rate or chance of profit n . hare do 439 South Street " 4I annis', MA ' June. 25 „ '1987 Mr,..,Joseph DaLuz,. Building . Inspector Town of Barnstable ' Dear Mr. DaLuz: ;,. '• . on January 4,, 1.986, I Shad' notified. you that ; decks were 'being built at' 445`YS'outh' Street„•Hyanni s, { without a permit.,. ',In 'your -letter 'of January.. 24, 1986,, you, refer to the,decks-, as platforrn/,.'stairs with• no permit 'required:,. Last summer the; young ' reveT.ers ( :Jbe',,Russo.,s r,Ruben �Santi;ago; ,�and 6n�6ccasion - 1`0 ,others).• gave th'e entire -neighborhood asmiser.able r. summer. while' using tYiey platform/sta•irs of the.' front , •apartment) as a' stage for incredible« exhibitionism '. which,-was not beneficial .toa:the' image Hyann'i'se wishes« y to portray.«. At' any .raTte,,,' even. they re.al.tor r_ecog- - nizes� a deckaw.hen he sees one.. .' ' -' . .F • - .. - . r�i .`*sue - �. ,� �.'4� . -Further, does: Jim Salts,'°of `L7 'Chase Street; Hyannis`„ have a. permit?; -If one °uses 4a ,power shovel, i he:R'may .be installing pipes: for plumbing or he, may: be laying,-wires,,. In -an Y''s,event my,''experience,w.ith 445 South•.street,, Hyannis, has• caused- de °to be 3 wary of any;, attempt, to._ alter .exis:ting -s.tructuresr or' to buil`dY. new 'buildings because subsequent owners t -can me abientee.• Landlords. ' S-incerely,, ,. - .. .. - r. - fir. - .. •1"r._ /���'. `..": - s _ •• Nayl William YF. , or cc: Board of: Selectmen i BAH1f BB. i 1pO r6,s��A}39 9 \,� 'FO MPY 367 Kin �lreel, Jdyunnce, V a. 02601 TO: Joseph DaLuz, Building Commissioner FROM: Board of Selectmen , SUBJECT: Correspondence from William F. Naylor Decks. being built at 445 South St., Hyannis DATE: July.9, 1987 We are in receipt of a copy of a letter dated June 25, 1987 written by Mr. William F. Naylor addressed to you. The Board would appreciate a copy of your response to this letter. Thank you for your cooperation in this matter. C mIV Selectriun's Ou�ica 439 South Street Hyannis, MA L N__" Z 8 1987, June. 25„ 1987. Mr. Joseph DaLuz Building Inspector Town of Barnstable Dear Mr. DaLuz: On January 4,. 1.986, I had notified you that decks were being built at 445 South Street,. Hyannis, without a permit.. In your letter of January 24, 1.986,, you refer to the decks as platform/stairs with no permit required. Last summer the young revelers ( Joe Russo, Ruben Santiago, and on occasion 1D others). gave the entire neighborhood a miserable summer while using the platform/stairs of the front apartment as a stage forincredible exhibitionism which was not beneficial to: the image Hyannis wishes to portray.. At any rate„ even the real-tor recog- nizes a deck when he sees one. Further, does Jim Salts of 17 Chase Street, Hyannis , have a permit? If one uses a power shovel, he may be installing pipes for plumbing or he may be laying wires. In any event my experience with 445 South Street, Hyannis, has caused me to be wary of any attempt to alter existing structures or to build new buildings because subsequent owners can become absentee landlords. Sincerely, William F. Naylor cc: Board of Selectmen PAGE 94 SUNDAY-CAPE COD TIMES,4UNE 21,1987 y Investments -- 510 Mortgages •530 1 ;'. McDONALD .& LITTLE 00 'Mortgage Banking" Centerville 778-6267. -6 Homeowners Low fixed rates, ReW low adjustable rates, and low rate wanted To Beet UCKET equity credit lines, House$„Neg a I HYANNIS for borrowers Roommates Home sharing al Es tate Exchange with good Credit. Rooms To R2et APP1V by Phone Apartments H Y A N N I S h Coeds Yearly. 6 apartments, each with Northern Vacation Pfa► decks,oversized windows,to Rental Seasc offer unique living o Financial Rental serv, menmt just blockss from downtown. All rented with Nursing Hr good income. Call for Toll Free 1.800.462-9262 Business! details. OH copf Hyannis 118.0011 ,�,__ . Town of Barnstable Citizen Concern Form .. Y Complaint Number : Taken By: Aheiln Cullinan Date : 08 / 14 / 86 Time : AM / PM Name of Complainant : Helen Navlor Phone No: 775 _ 2199 Address of Complainant : 439 South Street Hyannis Ma 02601 Complaint : . Does Mr. Jim Salts, 17 Chase St. , Hyannis have a building permit for an ana rrhment that; is going in his aaraoe? Routing Information : K /y Y Sent To: D.P.W. _ ` Dog Officer _ ,r Police Dept . _ Routed on : Natural Resources Selectmen _r Other Dept . Handled Internally -0 Disposition (To Be Completed By the Department and Returned to Selectmen's) y Z Handled By:�C �s r< _ .4)eIrl Date : Disposition: /VO (� b1,4 -rla s -- , r � ,� „� � 4- y v 1' � Comments : Al 7�s 0j'p , ,1 Z "It V4T V/S. ' JOSEPH D. DALU2 TELEPHONE: 775-1120 Building Commissioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 January 24, 1986 .Mr. William F. Naylor 439 South Street Hyannis, MA 02601 Dear Mr. Naylor: Please be advised that in 1961 the Board of Appeals granted a Variance to permit conversion of the building located at 459 South Street, Hyannis, for use as three (3) apartments. The present owner of the property, Mr. David Persuitte, has applied for and received a building permit to remodel the three (3) existing apartments and add decks. The 445 South Street .project was reviewed by this office particularly for proper means of egress. The platforms/stairs, as constructed, were request— ed by this office for safety. In addition, the Fire Department approved the means of egress. It is the responsibility of this office to insure public safety and when necessary give direct orders to accomplish same. If the dwelling located at 451 South Street owned by Virginia Bingle is being used as a lodging house I am sure Mr. Geiler will investigate and enforce the applicable laws. Peace, J se�h D. DaL{�Z `Building Commissioner JDD/gr - cc: Board of Selectmen JOSEPH D. DALuz TELEPHONE: 775-1120 BuildingCommissioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 January 24, 1986 Mr. William F. Naylor 439 South Street Hyannis, MA 02601 Dear Mr. Naylor: Please be advised that in 1961 the Board of Appeals granted a Variance to permit conversion of the building located at 459 South Street, Hyannis, for use as three (3) apartments. The present owner of the property, Mr. David Persuitte, has applied for and received a building permit to remodel the three (3) existing apartments and add decks. The 445 South Street project was reviewed by this office particularly for proper means of egress. The platforms/stairs, as constructed, were request- ed by this office for safety. In addition, the Fire Department approved the means of egress. It is the responsibility of this office to insure public safety and when necessary give direct orders to accomplish same. If the dwelling located at 451 South Street owned by Virginia Bingle is being used as a lodging house I am sure Mr. Geiler will investigate and enforce the applicable laws. Peace, �I BJZe D. Dal, z uilding Commissioner JDD/gr cc: Board of Selectmen r JOSEPH D. DALUZ TELEPHONE: 773.1120 Building Commissioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 January 24, 1986 Mr. William F. Naylor 439 South Street Hyannis, MA 02601 Dear Mr. Naylor: Please be advised that in 1961 the Board of Appeals granted a Variance to permit conversion of the building located at 459 South Street, Hyannis, for use as three (3) apartments. The present owner of the property, Mr. David Persuitte, has applied for and received a building permit to remodel the three (3) existing apartments and add decks. The 445 South Street project was reviewed by this office particularly for proper means of egress. The platforms/stairs, as constructed, were request- ed by this office for safety. In addition, the Fire Department approved the means of egress. It is the responsibility of this office to insure public safety and when necessary give direct orders to accomplish same. If the dwelling located at 451 South Street owned by Virginia Bingle is being used as a lodging house I am sure Mr. Geiler will investigate and enforce the applicable laws. Peace, E I � J se h D. Dal, z Building Commissioner JDD/gr cc: Board of Selectmen i 439 South Street Hyannis, MA. 02601 January 4,., 1.986 Mr.,. Joseph DaLuz 'Building Inspector ` Town of Barnstable Dear Mr. DaLuz: Pr'1 3 i - Cape Realty of-°South=Yarmouth -has told me-,that the owners of 459 South Street (.next to Ur.ano' s Restaurant), are: gutting the interior and renovating fir the structure: and that.. the selling price: is $2'6.9,,900.. � }_ , There, will. be 4 apartments.. As I remember it, the Appeals Board in the past had allowed. 2. apartments,+ fir '' • I Since 'there is so little land available. for parking', 2 apartments seem more, logical Do the present owners have a: permit to renovate and to create 4' apartments?` I really do not care for what is happening in � ��1�\ this. are-al, but maybe it is happening all "over the, � h town of Barnstable.. At any rate,, Dennis Leonardo built 4: decks at 445 South Street without a 'permit even ,though the infraction was pointed "out ,tbl'.youx.land to,� a,.Mr, Bearse• of- your o-ffice:.,. Virginia Bingie'was denied a` 1-odgir g.,house license at 451. S.;outh 'S`treet,. Hyannis'-.,. The` S-el.ectmen acted w.i.s.ely;-=in my estimation.., However:°,,; the lodgers° _ are stial. there il.l.egally• just- as they have been all. during her 2. ear owneishiP 'T In, light of these flagrant violations,, one might wonder: Why have. a. Board, of Appeals? Why have a Building InspectorZ. Why have licenses?. In this democracy of our.s. some people seem to be more equal than others Sincerely,' } , William F.,, Naylor cc:. Board. of Selectmen Thomas aeiler,Licensing Agent Town Counsel Chairman,. Board. of. Appeals Fire Chief John Kelly, . Board. of -Health J ` �Q��i�TN E T�� � �•� s � i BAH119TeHLE, i 7 MA60. ' pTEE MAY�\ /�/� 36 7 Main Sired, Jd//,,yannie, /P/am. 02601 M E M F , TO: Joseph: DaLuz, Building Commissioner FROM: _.Board of Selectmen Jl:; �V SUBJECT: Correspondence from Mr. William F, Naylor dated January 4, 1986 DATE: January 16, 1985 Please forward a copy of your res-pons-e to th-e attached -:corre.spondence. from Mr— William F. Naylor L x 439 South Street Hyannis, MA 02601 January 4, 1986 hr.. Joseph DaLuz Building Inspector Town of Barnstable Dear Mr. DaLuz: Cape Realty of. South Yarmouth has told me that the owners of- 459 South Street (next to Urano' s Restaurant) are gutting the interior and renovating the structure and that the selling price is $2691900. There will be 4 apartments.. As I remember it, the Appeals Board in the past had allowed 2 apartments;. Since there is so little land available for parking,. 2 apartments seem more logical. Do the present owners have a permit to renovate and to create 4 apartments? I really do not care ror what is happening in this area, but maybe it is happening all over the town of Barnstable. At any rate, Dennis Leonardo built, 4 decks at 445 South Street without a permit even though the, infraction was pointed out to you and to a Mr... Bearse of- your office. Virginia Bin gle was denied a lodging house license at 451 South Street, Hyannis_ The Selectmen acted wisely, in my estimation. .However, the lodgers are still there illegally -- just as they have been all during her 2 year ownership. In . light of these flagrant violations, one might wonder: Why have a Board of Appeals? Why have a Building Inspector?. Why have licenses? In this democracy of ours some people seem to be more equal than others. Sincerely, William F. Naylor cc: Board of Selectmen Thomas Geiler,Licensing Rgent Town Counsel Chairman, Board of Appeals Fire Chief John Kelly, Roard of merlth S � �11 p swa/,w 4 �7 4� on rim_ Jo zhd A7 JOSEPH D. DALUZ rELEPHONEi 775.1120 Building Commiuioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 August 18, 1981 Mr. William F. Naylor 439 South Street Hyannis, MA 02601 Dear Mr. Naylor: I have received your letter dated August 5, 1981 concerning your complaints re the property located at 445 South Street, Hyannis. For the record I wish- to state that I havefnade numerous visits to this property in response to--your numerous telephone calls including Saturdays, Sundays and evenings. _ I have had the auto repairing stopped, the yard cleaned and much of the noise abated. Now, you state that overcrowding exists. Perhaps overcrowding does exist. I know you are aware of the -laws concerning.entering the premises .of private indi- viduals, notices and warrants,. You make a charge that "each apartment .in the main building contains more people than the original lease permits". I trust that you are prepared-to defend this charge should Court action became necessary. You also state and have previously.stated your displeasure at the many automobiles in and out of the property. Ifail to see howl can control any .registered vehicle. . I agree that the noise is at timEs intolerable. . ARTICLE XXII. ANTI NOISE REGULATION of the General By-laws of, the Town of Barnstable is enforced by the Town of Barn- stable Police Department. I have had some information concerning the rear building from a .public official. and I will, as soon as humanly possible, investigate ..fully the April 6, 1956 decision of the Board of Appeals and make a determination. I_will take issue with your last-paragraph, '_that action on.your .part is- long overdue", particularly when I have had to leave my home on a Sunday because of your complaints. I shall continue, as I have in.the past, to investigate all complaints and to enforce the Zoning By-laws. But please keep in mind, even I have limitations: Peace, J seph D. DaLuz uilding Commissioner JDD/gr cc: Board of Selectmen Board of Appeals Town Counsel Certified Mail #0016987 R.R.R. E � t 439 South Street Hyannis, MA September l., 1976. Mr.. Joseph DaLuz Building Inspector Town of Barnstable Dear Mr. DaLuz: I am writing to ask that you use your good offices to enforce Zoning restrictions per- taining to a gas- station., As you know, I had called" your assistant within the last two: weeks concerning a body shop being oper- ated at the Shell station at Sea and. South streets. Last week I mentioned'. the same infraction to, you.. Pounding out dents and sanding with an electric sander are intolerable noises.. The proprie- tor is so highly motivated by ignorance and greed' that he even causes those same noises- on weekends and evenings.. SinFerely,/� William Nayl r I 439 South Street Hyannis, Massachusetts July 15, 1975 Mr. Edward Caracostas Proprietor, apartment houses Dear Mr. Caracostas: Because I have been unable to contact you, I am writing to let you know of the situation existing at 445 South Street, an apartment build- ing owned by you. The major problems are as follows: 1 . Last night Steven Thomas plowed through ,mv hedge and damaged 15 or 20 feet of it. e Barnstable police arrested. him. 2.- Both people in that apartment ( Steven and Ethel) have on several occasions been deliberately loud and profane . He also on occasion has played a record player with speakers outside . 3 . Kevin Hurley has a big motorcycle with no muffler that he is repairing. The noise is deafening and he assures me that I am "going to have to get used to it ." 4. The fact that there are 15 dogs and. assorted cats ( including attack dogs owned by Hurley) contributes to the noise and confusion. I am sure that you will take positive steps to eliminate these public nuisances which no abutter is obliged. to tolerate . Sincerely inceerrely yours, William F. Nayl r cc. Mr. Paul Brown -- Chairman , Board of Selectmen Mr. Joseph DaLuz- -- Building Inspector Lieut. Neil Nightingale -- Acting Chief of Police TOWN OF BA RNSTA ALE , Board of Appeals SHED'. 0_L COMP Petitioner Appeal-No. g3„ _tz.? s_ 19 66 PACTS and DECISIOhT Petitioner _..._ +COIL f'-0Pi _:____.— -._ filed petition one .•_.:..1 F_ ,.19 0, requesting a variance-permit for premises at _ _ _ 3 u. . Street in the village Althlea of .. adjoining remises f a a �"tb€ � f °? 3�t s G-a I3..�,�.. :Alton s .� s$� Iva, �e 11, ���.&�s:Lfa fi`r' :0',1 P. for the purpose of w._ fv 1 q°' Tl 3 £ : "� .�', ;3T Lr'`? non-�.p TI ` i"�� ��` C� ...... _._...._._._ _.._t _. . _. ...... ......�, _. . _.... a4D'J"()� t? ' 21t?x3-con'o i €s ax 5h g940? s£'° :a vt3 v. ........ .....:._... ....... Locus is presently zoned in Resld nce A ..._........... ...... . ................._... Notice of this hearing was given by_mail, postage prepaid, to all persons deemed affected and. by publishing in Cape Coda Standard Times, a daily newspaper published in Town of.Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town -of Barnstable was held at the Town. 66- Office Building, Hyannis, Mass., at .. .' P.M. _..... ..a:.�' ���...._'Y'�°r 8... ..........__ 19 upon said petition-tinder-zoning by-laws. Present at the hearing were the following members: '• ,.............. *......�r.-» __. {}.L�,gRr �... •..:: '._.:.a -�'_Y � -� a�'.+ ~ ..3al. lsr -io -. '.3�- .al ... Chairman At the conclusion of the hearing the Board took said petition under b� advisement. A view of the,locus was had by the Board. On __._ .__.__._..;__..._ ..__...._ _.__. w.__..._ _ ._ . 19. the Board of Appeals hound Daniai_ Fern, Lse represented the patit.foner, Shall Oil Company. 14ra porn sated that the s a under consid ation were located at t he corner of Sea and South -treat in a Flesidence A district in Filanniso :Mae attorney fur .ques-red that Vne Vplleation. be armeneed to ellade the enlargement - 'ai teration cf t he axist.IM building. It is tb-a 'p et It.toners ten ie~}n: to re3.oca�a tha oxistinfi has S mat ion by aettliag it back a ator distance from- tb4 Into-rosection 6f Sea ar-A So=_it:h Streets €am' to relocate the pre*ent pumpso Adjoining the premises ncw occu-pied by the gasoline service station, is a building f oxrarly � red by v 'Whit �4i.l ���� which is on � lot -with approximate1.7 100 see feat uith a fort frontage. It was t .os contention --had tho non-conformer use on this ad-jolnLng lot h d not be last by t as a e € t i `'he petitioner' intends to removet:ne' storage itilding ` cr. ncw located at t he northeast corner o=t` the rremise so 11ae ekisting, wit hai a icadina ni.atfo Valch-.had been used as part of the' Whit.I 1 A, ... . . e operation ox-d thisalso to be elrin4t . xis t i as ol lm sUa lon is ;� oxi;natelY4 feet1rom south " tarA40, feet f rom damlea St eaJ ...he Ye locathio would 'Set the y�iliiig. ' f !_c 67 feat {r titStreet ana 01 feet fran Sea Sytr to It'was the attorneyst opinion t1rialt Such a e-hangs ass -% one t1ho, appearance off' the area and Mould be a oe11nive a se f for better traffic cont#rol.. 'rho attonz-,e Mated that he had goer. Informed tn� t1lo Town oUld like to widen South Sues.4, and. the lncre-asad set bzi,hIks -would 1--aOnfi+clal for the comnlativn of this rc�ect 'ihe att ey "stared t h t the a s Meant alto dev*ires* that a Bus--tr of A peals .give approval to d o . conti:n hlon the on-ro,nXor-m ng lot fc nnerl.y occtzpled b W ti. Hllk. It was the attorneys' opinion building that the � �as o&dpart of try now aa. _:p f3 the non-conformin lot iculd 1-so be barzefieial to tY:e area -a A vNola .d. not be inviolation # `�� 3 r*' ��r d ",intent o4 the zonln.�� by-laur service }.i19i10yh o" the xg]$po�ard that-would the c�,Y��ang{e� of location"y�of ts;o� p existing '✓S V .'6�af ^_:T'+''�. ,i 1.il,b i 6.yY wf_FJ e C,� 4V W,t u�L..w- �V 3.F-1 i b � V :�� -s of thy!'.. loi-:r. of Barns-table., yx sta-Clon is lccato at: a busy intereseati.on. By. wars-nTz the a 1dU &ek f roWm the Intersection a distance al-most double 9apro s -a$ aet 3"e es Woles traffic on bot1 sea and South' Streets to Lava , rr,,��,,yy a y�;y-��pi 4"k r,y t� rtf gg..� q p r ' 1 t.e s c a.. mn 2 c of the t p�f f 3 S.0 YGy �+ts as-ia.i Wtd. 3:'.a'.JAa � ip✓�Q}�65y7d�i l/¢�:99's`��!y�g �9.ve.a:�+.. Fa Vj �af'.7ap ie i-i*, n 6-.c3-;�:yd ��W�[iye'iiv �C.'v"yVry� L.�y iryE,yS.to r}".�p4 . x�'Kd Re-L•5.��.�� Aa+f / 'ti 4a GY "i3 T..� VY_:�i.A7V rd .t.an lil RY.SA •g1 'U�. Y S/ +J Yai C. �i3 ,: WtVil..:F.iI.IF® � , Opinion � rd., rolti n to Bt rx present ,- € �- , t-�, t -d that tba ??on-�confo-iire status c�,�� c ,t. Iu kz�s ,> a ac�,n t� :� v F' �, 0k: tile S$ •' 1ho re. no. �'ca of a. }3, r+�Ipn of tn�e .�,ui1' dl,�T,.e',e will—l �.v3nsar.L ratya.'k9.a than �.il.�.3 ase Disfri ution:— Board o ppeals To1vn Clerk Town of Barnstable Applicant Persons interested. Building Inspector Public Information By Board of Appeals Chairman At the conclusion of the hearing, the Board took said petition under . advisement. A view of the locus was had by the Board. On .........................._ 19. .._, the Board of Appeals found 4 "•a s ,Qi� " 1 •+sr � 3 # '3�21l. "k2L3'�adj„. the b1. : denl of t_ &Ifton and joo-a-t}on o�glg.fa�s�-01 O�.�a.:Ski-Ln$+,✓DSO p9.�Yc�o-^?�. �'�{�+c��"?gL�.f. �y Ka i:��llv -.�. a^�'...��d. }� .to ��..�'.E'�..-..qd. t�...+J �L ova" fbr �L.i6caf Line cM1.4-I MO-d" �yase 01 !L� -e Board of Appeals'. on the p1m filed with t b Restrictions imposed: ' t Distribution:— Board of, Appeals . Toivn Clerk Town of Barnstable Applicant Persons interested Building Inspector Public Information By _................ ..:....................._................._. .. ....._.__.._._� Board of Appeals Chairman 1 UNITED STATES POSTAL SERVICE ^. OFFICIAL BUSINESS PENALTY FOR PRIVATE SENDER INSTRUCTIONS USE To Avolo PAYMENT i"Tint your name,address,and ZIP Code in the space below OF PosrncE.$3o0 . Ure • Complete items 1,2,and 3 on the reverse. ® r Attach to front of article if space permits otherwise affix to back of article. • Endorse article"Return Receipt Requested" adjacent to number. RETURN TO Mr. Joseph-DaLuz, Building Commissioner I f Sender : I ' Town of Barnstab e I - ,;,I 367 Main Street I (Street or P.O.Box) I Hyannis, MA 02601 (City,State,and ZIP Code) vh 0 SENDER: Complete items 1,2,and 3. c Add your address in the"RETURN TO"space on reverse. oWo 1. .The following service is requested(check one.) ❑ Show to whom and date delivered.............—a ❑ Show to whom,date and address of delivery..._Q ❑ RESTRICTED DELIVERY cc Show to whom and date delivered............—y ❑ RESTRICTED DELIVERY. Show to whom,date,and address of delivery.$_ (CONSULT POSTMASTER FOR FEES) 2. ARTICLE ADDRESSED TO: c Mr. William F. Naylor z 439 South Street . z Hvam.is MA_— 02601 Mr 3. AR ?CLE DLSCRIPI ION: R° REGISTERED NO. I CERTIFIED NO. I INSURED NO. V 0016987 m 0 (Always obtain signature of addressee or agent) Vi '+ I have received the article described above. m SIGNATURE ❑Addressee ❑Authorized agentIn ��tt t7 �.N N�o 2 C 4 TE OF DE 1/RV OSTjN4/�R �m ICI�P. S. ADDRESS(Complete only if reques 1 C)�� h m G T m 6. UNABLE TO DELIVER BECAUSE: S p INITIALS 3 A *GPO:1979.288-848 August 18, 1981 Mr. William F. Naylor 439 South Street Hyannis, IIQ4 02601 Dear 'Mr. Naylor: I have received your letter dated August 5, 1951'concerning your complaints re the property located at 445 South Street, Hyannis. For the record I �,rirh to state that I have made numerous visits to this property in response to your nimierous telephone calls including Saturdays, Sundays and evenings. I have had the auto repairing stopped, the yard cleaned and. much of the noise abated. Not>>, you state that overdrowdin.g exists. 'Perhaps overcrowding does exist. I knots you are aware of the laws concerning entering; the premises of private indi- viduals; notices and warrants. You make a charge that "each apartment in the main building contains more people- than the original lease.perm.its". I trust that you . are prepared to dPfen. this chaifie should',Court action become necessary. You also state and have previously stated 'your displeasur6.'atothe many automobiles in.an.d out of the property. I fail to see how I cnn control any registered vehicle. I agree that the noise is at time; intolerable. ARTICLE, XXII. ATUT NOISE REG7JI..ATIOIN of the General By-laws of the Town.•of Barnstable'�is enforced by the Tox�m of Barn- stable Police Department. 111 1 `' i have bad sane-information concerning the rear building from a public official and I will, as soon as humanly possible, investigate fully the April 6, 1956 decision of the Board of Appeals and make a determination. I will take issue with your last paragraph., "that action on your part is long overdue", particularly when I have had to leave my home on a Sunday because of your complaints. I shall continue, as I have in the past, to investigate all complaints and• to enforce the Zoning By-laws. But please keep in mind, even I have limitations. Peace, Joseph D. Daluz Building Comli.ssioner JDD/p,,r cc: Board of Selectmen Board of Appeals To-m Counsel Certified Mail j`-001693 7 R.R.R. I 439 South Street Hyannis, MA August 5, 1981- 'Mr, .Joseph DaLuz Building Inspector Town of Barnstable Dear Mr. DaLuz: I am asking again that you force Edward (ara- costas to comply with the decision off' the Appeals Board on April 6, 1956 (Appeal ##1956-6)„ This decision concerning the property at 445 South Street allows "the conversion of the garage into a single apartment, reserving a space for storage and parking a rotor vehicle, with the approval of the Building Inspector as to design and materials. " I feel that I have been patient and reasonable in asking that the decision of the Appeals Board be executed. I have asked for action verbally on many occasions. In letters I have formally asked that the Building Inspector should carry out his duties -- a letter to Mr, Stringer on February 199. 19641) and a letter to you on November 22, 1976. Both letters make reference to the fact that one part of the garage should- be reserved for storage purposes, The Appeals Board at that time did not wish to encourage the abandonment of garage Facilities because they state that that "would have a tendency of overcrowding or congesting an area unduly. " The overcrowding now exists. The tenant iri the garage, Rabin Rodrigues, has ,been renting rooms. Last week the police had her evict Charles Hayworth because .he had been noisy and because the one bed- room -apartment was not large enough, Thomas Sances still- lives,. there, t Each apartment in the main building contains more people than the original lease permits because each is renting (particularly in the summer). The resultant noise and confusion is intolerable because each of the people renting has friends and they have cars. On July 31, 1980, you wrote to Edward Cara- costas that unless he becomes more "responsive" that you would ask the Selectmen to revoke his "License". After having been awakened three times last night -- at 1:45 by Gail Pitts because of screaming, at 2:15 by Larry Campbell for the same reason! and at 4:00 by Dale Gothen when the police made arrests during a fight in which I believe . drugs were involved, I am now certain that action on your part is long overdue. S,,i''/ncerely yours, William F. Nay or cc: Selectmen Board of Appeals Barnstable Housing Authority t ♦ V � x i r t g ' I l A s f, eK e r 'gig 6¢ eel , MAX S / Mom.. : co rs Oki AILA, 1. 5 • '� 1 _ I '5` .. t - A i •.� '� ! ` • " I ( p s , ! yS, I i r .... .- �ee.e� t� ,� �.e �arc► ®S Fi 1 t` Wenv S lo k g ' , .+ .. a':�g�.�"�S + �2 r+ I Y 'J > 5 c. Y ..♦Y 4 ' - i - y} ' J _ . .. - N ////// f . •, k (/imp 6 A LLB/ (do N tot al« ' , n Su1 ❑el MAIN STREET 2 I A I oe m'm I I ai D w f I Nm N I I LOCUS MAP SCALE 1"=2DOD'3 LEGEND ASSESSORS MAP 308 PARCELS 118.123.280 + I —9D- IOI6T010 COMM LOCUS IS WITHIN FEMA FLOOD ZONE C AS • U4 �� I SHOWN ON COMMUNITY PANEL#250001 X Paf EXIST.SPOT ELLv. 0006 D DATED 7/2/1992 N ,O�JJ I Z -� FROMM COMM U (Bfi41 PROPoSEO SWT EL ZONING SUMMARY I Ea.,N iHt p�E Z i {"•o >aT ROtE ZONING DISTRICT:HVB HYANNIS VILLAGE BUSINESS DISTRICT DIDPE OF MO-D REQUIRED EXISTING PROPOSED MIN.L0T SIZE 5,000 S.F. 14.194 S.F.14.194 S.F. t60B I rns u,rtlrc POIc MIN.L07 FRONTAGE 10' 48.15' 48.15' MIN..FRONT SETBACK 4' 25.9. 19.9, MAW STREET y I ( ORE MIN.SIDE SETBACK - - MIN,REAR SETBACK - - - MAX.BUILDING EIGHT IOSDTORIES 2 ST. 2 ST. MAX.COVERAGE Z ix I bm I SITE IS LOCATED WITHIN AP OVERLAY b n o f I DISTRICT 4 F ( IA MAP Ste •16 ZONING DISTRICT: SF HYANNIS VILLAGE DISTRICT REOUIRED EXISTING PROPOSED MIN.LOT SIZE 20.000 S.F.12,093 S.F.12.093 S.F. IP I MIN,LOT FRONTAGE 20' 20.07' 20.07' $ I MIN.FROM SETBACK 20' - 136.5, MIN.SIDE SETBACK 10' I\ MIN.REAR SETBACK 10' - - I S5479091W MAX.BUILDING HEIGHT 38, - <30' xm•n•arE „ i 2.4J' J<g> MAX.COVERAGE - - - N G `� I x � SITE IS LOCATED WITHIN AP OVERLAY aA2 xar&ie E I DISTRICT / I I Pu¢w I 554 ------ j '1909"W 9.66' I PROPOSAL: 1 I IMPROVEMENTS TO 8599 MAIN STREET "BEECH TREE WALK" 1 I PROVIDE PEDESTRIAN CIRCULATION FROM SOUTH STREET HISTORIC I I Ji> TO MAIN STREET. BEECH TREE I 6 LIGHTED PATH a, /f-- ---_-_-_3 BIGNAGE FOR"HISTORIC BEECH TREE"•, ARBORS 1 "'I LANDSCAPING j1 I BIKE RACK RECREATION AREA I PARKING W/HP ACCESS I 1599 \ r I r.mn I MAP SOB PCL 118 maw MAP JOB MAIN STREET OB 24456 PCI teO 517TEET 6 MAP JOB P 117 �I 13501 PG 323 1� 6� 6 r-�i 1174 .z D 1c,,�'�- /� •� taaa avails •y MAP SOB PCL 280 MES - I V �u�1 12.093 SF OR 0.28 ACRES -. JOO mmersa xanrnY`EAs1 « 69 +••/ IIII •S i. p •BJB ,iil JO>v d I'Ir "�9> r ,rsweP• Asxu • rl,l STE FE '6 �� « «Jo, e • 'III en.CO.C. TEDCMGX(R11AD¢ <t 9 29 V <� illl .�� 1'TOPOGT u — 0, Y 5NO1 G «�B ro 04 s V• 1.0'BWOFR� m .- V ' x nt 1UOY ID""IT"S/W IR'T-BASE oN 2BS > �� Vee 'iil cauP.cT .nOurA «Jol�I «J&a III—III 26 °�, I w �I I ,�,e,o„• I I-1 11-1 I I—III—I I-1 I i— '29 60 I III' I I„IIII I1=j1 42 w I S �I �COMPACRD SUBGRADE t43B 8 �861 p I II OUTH 87AE7_T _b:I Ji( RASE:24'FROST FREE MAEOIILL V0.ROLLER COMPACTED(R'UFS) 1 _ 14 I ; a0%PASMRD/200 Sr (OF X P 9110 140). Jn�I In C, I ' J � 6 t J'6 o BIT. S/W & SHELL CROSS SECTIONS 7J O>g I M """ • NO,Tn BC= w H �. 11666 6 Z 7 w. 01L OVERALL SITE PLAN {J I 46 JI0 6 I �+ IN O m.A nr HYANNIS, MA I l — MAP P.35 123 SF q I rf ' �J7J xe< 6360 SF 0.]5 ACRES J' i 6 #599 MAIN STREET jo 60 ( ONE #434/438 SOUTH STREET - 123.Z,7' I ti ��-OHE—�RB , LE 4j O =NF2 T_--NE g -_ PREPARED FOR CURB °ME --OHECHE- --- MILLER — STARBUCK SOUTH STREET 4�UR13 ON DATE: JANUARY 20, 2011 REV. APRIL 5, 2011 (EASEMENTS) REV. MAY 18. 2011 (RECREATION AREA, DUMPSTER, BIKE RACK) �_CUo REV. MAY 25, 2011 (RAIN GARDEN, COBBLE APRON), /�J �J�26 o oC��-. ScDlr.l'm 15' 0 ].5 15 225 30 31.5 FEET !f SOB-808-302-45{1 Im 0B2-9BB0 ea•aoape. In cape endineefin`,MC. clv/l englneers land surveyors 939 W.M SI-1(Rf. 6A) YARMOU]HPORT MA 02675 10-089 MAIN STREET 689.ONO Oct/10-089 ZONING TABLE sue` GENERAL NOTES ZONING DISTRICT: SF (SINGLE FAMILY) AP (AQUIFER PROTECTION OVERLAY DISTRICT) HYANNIS MAIN STREET WATERFRONT HISTORIC DISTRICT EXISTING USE: COMMERCIAL — RETAIL/OFFICE PROPOSED USE: COMMERCIAL/OFFICE 1.) THE INTENT OF THIS PLAN IS TO DETAIL EXISTING CONDITIONS AT LOCUS EXISTING BUILDING FOOTPRINT'S: PRE—EXISTING NON—CONFORMING MAIN STRUCTURE = 2,011 SF 2.) LOCUS AREA IS COMPRISED OF GARAGE — 387 SF ASSESSOR'S MAP 308 PARCEL 123 LOT 1 0 PLAN BOOK 301 PAGE 1 A POND os DIMENSIONAL/BULK HEADING REQUIRED/ALLOWED PROVIDED DEED BOOK 18,818 PAGE N MIN. LOT AREA 20,000 SF *15 360t SF OWNER/APPLICANT. 4 05 SOUTH STREET 0 �, J. WHITE FRONTAGE 20 FT 127.24t FT HYANNIS, MA., 02601 LOT WIDTH 100 FT 126.9t FT PHONE: (508)-775-1146 nQ. FRONT SETBACK 20 FT 25.5 FT SIDE SETBACK 10 FT 28.4 FT 3.) ZONING INFORMATION REAR SETBACK 10 FT *3f FT MAX. BLDG. HEIGHT STORIES 38 FT OR 3 STORIES 2 STORIES ZONING DISTRICT: SF Single Family Residential District MAX. % LOT COVERAGE STRUCTURES NA NA AP Aquifer Protection Overlay District z FAR NA NA Hyannis Main Street Waterfront Historic District LOCUS MAP Scale: 1" = 2000' 0.o. IMPERVIOUS AREA AP OVERLAY NA NA MINIMUM ZONING REQUIREMENTS MINIMUM LOT AREA = 20,000 S.F. \ PREEXISTING NON—CONFORMING MINIMUM LOT FRONTAGE = 20' \ MINIMUM LOT WIDTH = 100' N/F MON E. SNELL MINIMUM YARD SETBACKS: FRONT = 20' AM MINIMUM SIDE & REAR SETBACKS: SIDE & REAR = 10' N/F GIL & MARIA RAPOSO, Tre. PLAN BOOK 7PAGE 33 MAXIMUM BUILDING HEIGHT = 38' STORIES = 3 \ AM 308 Pd 118 \\ 4.) 0 TITLE NECESSARY A H HAS NOT BEEN TTRE SEARCH PERFORMED BE PERFORMED BY IF DETERMINED MINED \ CHAIN UNK FENCE ^'+" �/ 5.) THE PROPERTY LINE INFORMATION SHOWN IS BASED ON CURRENT AVAILABLE RECORD INFORMATION CONSISTING OF PLANS AND DEEDS. THE EXISTING FEATURES SHOWN HEREON WERE OBTAINED FROM AN ON THE GROUND \ .� * E FIELD SURVEY PERFORMED BY BAM NYE ENGINEERING & SURVEYING ON MARCH 13 N/F JOHN J. HYNES. Tr. & 15, 2006. AM 308 P 120 d PLAN BOOK 344 PAGE 15 6.) COMMUNITY PANEL NUMBER: 250001 0006 D THE FLOOD INSURANCE RATE MAP DEFINES THIS AREA AS ZONE C, AREA OF MINIMAL FLOODING. STONE Baum w1bMwKU 7.) UTILITY INFORMATION SHOWN HEREIN: N/F ALLEN J. WHITE, Tr. FOUND _ HaD LOT 2 THE CONTRACTOR SHALL CONTACT DIG SAFE (AT 1-888—DIG—SAFE) AND UTILITY /g• AM 308 PcI 280 COMPANIES TO LOCATE ALL EXISTING UTILITIES AT LEAST 72 HOURS PRIOR TO THE 5�g ti ?�, PLAN BOOK 301 PAGE 1 START OF CONSTRUCTION. THE LOCATION OF EXISTING UNDERGROUND INFRASTRUCTURE, C�QD 1ST 12.092t SQ. FT. UTILITIES, CONDUITS AND LINES ARE SHOWN IN AN APPROXIMATE WAY ONLY, MAY NOT D R,•,� 0.28t ACRES BE UMffED TO THOSE SHOWN HEREIN AND HAVE BEEN RESEARCHED BASED ON THE AVAILABLE UTILITY RECORDS NOTED HEREON. THE CONTRACTOR AGREES TO BE FULLY • 15�.59+ 1D -ice w.� RESPONSIBLE •35�/ CONTRACTOR'S FAILURE TODLOCATEESAID DAMAGES WHICH AN UTILITIES EXACTLY. IF 75 40 t43 100' \ FIELD CONDITIONS DIFFERS FROM PLAN INFORMATION, THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY FOR POSSIBLE REDESIGN. N a cep R=1 C . E S "'20'30' E o �• i518 N .�' �` N/F W. CHANDLER BOSWORTH 0. N gg M AM 308 Pd 124 N/F ANDI CAROLE. Tr. \ °FtN1M01� 2 FOUND PLAN BOOK 79 PAGE 109 LOT 8A AM 308 Pal 121 \ 0.109; Land Court Plan 15010 B LOT 1 5 2 �AGti G OMLU4OUE FOUND y o, LOT 1 5 PARCEL AREA cigA N W 15.360t SO. FT. `' 0.35t ACRES �^ .o z�' film TA �As` ►&. Z, SITE LOCATION: ( D 438 South Street / Hyannis, MA 02601 ( _ 513•g� PAVED LEGEND /ABBREVIATIONS ��D � � wa� � Allen J. White � N/F JOHN C. MANOOG 111, Tr. FOOT �= 40 South Str00t AM 308 Pd 122 --- = UTILITY POLE/GUY WIRE Land Court Plan 15010 B ` Hyannis, MA 02601 M = WATER GATE/SHUT—OFF LOT 2 ® = CATCH BASIN /a� - N S\GAk . �0 c�Re�NG TITLE. . . ® = DRAIN MANHOLE �l ` ' ��.z� � W a�� uTIUTY/uGHT POLE �►44 Existing Conditions Site Plan sQ = SEWER MANHOLE ' = ELECTRIC MANHOLE � A � s �4b?� ® = TELEPHONE MANHOLE o = MANHOLE �+ °'�MA� °W.cam BAXTER NYE ENGINEERING & SURVEYING = SIGN® = ELECTRIC BOX ,2/'� pow EoWN \.�-� PR v�oEo� CREo� ® = GAS METER �� po%j � M as o� Registered Professional Engineers and Land Massachusetts 2 01 ® = FIRE PULL BOX / B�N� ��' pRo�`M ca,'NECNs�ae NOEo ew 78 North Street 3rd Floor, Hyannis, 0 6 0 _ / OUR 1 � %.' 1 GWp aRNs Ap8I2°a6� ` a GAS GATE p� e / Phone - (508) 771-7502 Fax - (508) 771-7622 r OF p o3/ �" V � = HYDRANT S 't R �REo' �� 1S` MATTIiEW ��y M []s = SIGNAL BOX ��g 3�j -� \A R \, , 2 20 0 20 40 w. m = TRAFFIC SIGNAL POLE / p V �g.10 j°�A �� .� '� o J = BOLLARD 5 WOL 2� Pack # = BOLLARD BASE LIGHT POLE / P / SCALE: 1 = 20 Fs< # = YARD/LANDSCAPE LIGHT / / = WOODEN FENCE M •----- = CHAINLINK FENCE illillillillillllllll111111111111111110 / a o —aNW �--�--—« = OVERHEAD WIRES DATE: 03/21/2006 o = TREE LINE o .. N 0. 0 = TREES & SHRUBS �. Y = YARD/LANDSCAPE LIGHT CONC. = CONCRETE _.��r 03.2 l , t.coco ■ w a = CONCRETE BOUND N0. BY DATE REMARKS o = STAKE & TACK SET / RA DESIGNED HECK DRAWING NUMBER • = PK NAIL SET / o (C) = DISTANCE (COMPUTED VALUE) 0: 2006 2006-013 surve worksht 2006-013ec.dw g (D) = DISTANCE (PER DEED) 2006-013 �o 0 0 O Hya. E sch. tr et h St. 5t. teens 00r �o�n MAIN STREET 0 O S South i QL. MOM N52'56'18"E N52'56'19"E - _ St. \off 52.01' 48.15' ddef Vo o 50J a m m 3 pl- at O > m � W 1 1 Oak NS II I N 0° Gosnold St. Aoan0N AREA II 1 N LOCUS MAP SCALE 1"=2000't LEGEND ASSESSORS MAP 308 PARCELS 118, 123, 280 8 1 0..7' I gg— LOCUS IS WITHIN FEMA FLOOD ZONE C AS o I = I EXISTING CONTOUR SHOWN ON COMMUNITY PANEL #250001 EX/SnNG a C., I X 99 EXIST. SPOT ELEV. 0006 D DATED 7/2/1992 BUILDING ti I p = 99 PROPOSED CONTOUR 1605 MAIN STREET ( A % I o r I W I #599 II I �i TH141 PROPOSED SPOT EL. ZONING SUMMARY , w W u 1 MAIN STREET Ij = I O TEST HOLE N o ( II I ZONING DISTRICT: HVB HYANNIS VILLAGE BUSINESS DISTRICT ''' 12.1' I 2% SLOPE OF GROUND REQUIRED EXISTING PROPOSED RESTAURANT II � I MIN. LOT SIZE 5,000 S.F. 14,194 S.F. 14,194 S.F. } ExrsnNc �, UTILITY POLE MIN. LOT FRONTAGE 10' 48.15' 48.15' BUILDING Z MIN. FRONT SETBACK 4' 25.9' 19.9, 1 II �I I /'595 MAIN STREET FIRE HYDRANT MIN. SIDE SETBACK - - - Q 1 I NOTE:-NOT ALL SYMBOLS MAY APPEAR IN DRAWING MIN. REAR SETBACK — — — � I I MAX. COVERAGE UILDING EIGHT OUS�ORIES 2 ST. 2 ST. m I �OIv ( SITE IS LOCATED WITHIN AP OVERLAY � ++ DISTRICT � I � V I I Z I I � ti w I MAP 308 PCL 118 I I� ZONING DISTRICT: SF HYANNIS VILLAGE DISTRICT I l03 I REQUIRED EXISTING PROPOSED z I MIN. LOT SIZE 20,000 S.F. 12,093 S.F. 12,093 S.F. 1 MIN. LOT FRONTAGE 20' 20.07' 20.07' C i MIN. FRONT SETBACK 20' - 136.5' ,�'605 REAR , I MIN. SIDE SETBACK 10 j I MIN. REAR SETBACK 10' - - se I I x i I S54`19'09"W 3, MAX. BUILDING HEIGHT 38' - <38' N53'42'37"E B I N '•3`�R2, 2.43' 85 MAX. COVERAGE - - - O x B� J - i I SITE IS LOCATED WITHIN AP OVERLAY N.3.3.2.3 °6 I —I DISTRICT N5714'29"E EXIST. BLDG 18.78' I I EX/SANG W X BUILDING S54 19109"W 1595 MAIN Sr ------ - I COFFEE SHOP 9 66' I _ PROPOSAL: � II I IMPROVEMENTS TO #599 MAIN STREET X I "BEECH TREE WALK" HISTORIC j I �, PROVIDE PEDESTRIAN CIRCULATION FROM SOUTH STREET TO MAIN STREET. BEECH TREE __ I I LIGHTED PATH - -----� SIGNAGE FOR "HISTORIC BEECH TREE" I ARBORS LANDSCAPING BIKE RACK X I I PARKING W/HCP ACCESS I x RETAIL MISC. RETAIL MISC. X #599 MAIN STREET I PROPERTY LINE I MAP 308 P 118 X PROPOSED DB 24456 PG 110 [29.0] SIX FOOT WIDE ARBOR GA FAIN j 29 Hve--x�_x CENTERED ON HISTORIC #597 MAIN STREET ZONING N H TREE GDBEEC1S ZONING DI TRICT MAP 3O8 P 117 PROPOSE CT BIKE RACK S59 39'13-W �9, PROPERTY LINE DB 13501 PG 323 PROPERTY LINE 51 2 ;, w �x x x C� o, 0 x PROPOSED = C'-, 28.7 s f oR `J�9 R DUMPSTER ON 12'X12' � COCRETE SLAB W/ 6' +,• a' RA SOLID WOOD FENCE 2 � F 3 � PRECAST C� 29.2 2 4 WHEELS P ANCH ED rn PROPOSE �27.8J 5 6 NTH RE AR (TYP) PROPO ED 7 FENCED PARKING LOT 9• 8 STORAGE 2 j +�� POLE LIGHTING (TYP.) ' 8 �2s PROPOSED AREA o, + r1 X RAIN GARDEN WITH HARDWOOD MULCH + o5 +� AND SELECT PLANTINGS 96 `r PROPOSED CURB PROPOSED & S c w i r flRDPOSED PARKING LOT GfZATED STEEL PLATE(SHELL) 91 --- VER -- -_ VRAIN GARDEN _, a I -- WA R]tli�-ET-----_Z ' 1 -- + PROPOSED -- - --- �_\ X ., ROPOSED=CURB-J r --------- _ J CATCH BASIN PROPOSED OVERFLOW BASIN = --� � `J � -------___ -_ ' �1 � �----_ �� r---- _ - (TYP.) d " 27.2 ���\ . PROPOSED - �\�/ ; --17 --� �r —=_?� �� �o TO PERFORATED 12 PIPE __ i IN 3'X3' LEACHING TRENCH Y M i X9 '-' ASPHALT `� --' --�\ `�`:' ----� `®J ;[28.5] 6 X AND 6X6 LEACHING PITS ` �E� + HP SPAC ----f27.9] , HVB ZONING DISTRICT ACCESS ISLE�'8 89 14 >> MAP--308 PCL 280 SF ZONING DISTRICT 15 PROPERTY LINE N54.24'36"E 23.33' _ e• f7 \ 12,093 SF OR 0.28 ACRES X SB FND Ilk 71P �2 #434 SOUTH STREET o �38 PROPOSED 30 18 RAIN GARDEN �R WITH HARDWOOD MULCH 9 2895 �27.6] C7 � � AND SELECT PLANTINGS v F 27.78 S59. 9'1350.69, 2 [29.21 CCn v i M'� 3oe PCL 123 PROPOSED + 8,s O +jo, EXISTING PARKIN G AREA 3/16" X 6" STEEL m> O 5 c EX/SANG "HP VAN 85 > � I EDGING (FLUSH) � U) i 0 GARAGE ACCESSIBLE" 29 2 � � BIT. CONC. �v+ O z z SIGN 08 9og 1" TOPCOAT 2" SHELL OD N Z + O �C v = O 289 R 2.0" BINDER 4 rn N x Ih 3 S?7 tY 6" T-BASE p I j EXTEND 6" BEYOND S/W 12" T-BASE N M `9 PROPOSE PROPO ¢S,66, I COMPACT WITH VIB. ROLLER (REPROCESSED GRAVEL) "BEECH TREE PATH" 6 SOLID COMPACT WITH VIB. ROLLER (4' WIDE ASPHALT) WOOD FENCING [29.9] [30.4] + I ROPERTY LIME I +`1q0 PROPOSED " 28 I W "HISTORIC BEECH TREE ( IS0 ( PLAQUE ON BOULDER cn I G1 I 6, COMPACTED SUBGRADE BASE: 24" FROST FREE MATERIAL VIB. ROLLER COMPACTED 6 LIFTS) [30.31 <10% PASSING #200 SIEVE (OF % PASSING #40) �� 3 / w �6 28 EXIST. 2 o A6 1 G1 rn D PAVED PARKING 3�� �6SWw N / BIT. S/W & SHELL CROSS SECTIONS I BUILDING R I PROPOSED v O 1 20' WIDE DRIVEWAY I N 00 NOT TO SCALE I 438 SOUAI ST. ( (SHELL) Z _U _ �858 (A I CAI M -i I BUILDING 2 I 1428 SI UIH ST. 936 3, I z W W OVERALL SITE PLAN 3 os + N I 10 I PROPOSE" I ~ "BEECH TREE PATH c I IN (4' WIDE ASPHALT) �2 I IS 3, PROPOSE I 3� PEDESTRIAN I I z HYANNIS, MA I MAP 308 PCL 123 POLE LIGHTING 1Ln ( ) '36 w I 15,360 SF OR 0.35 ACRES I (30.91#438 SOUTH STREET COBBLEPROPOSEDA #599 MAIN STREET .60 +3 COBBLE APRON / 3 >-O 41 19 )6 PROPOSED ARBO #434/438 SOUTH STREET OHE 123 23' W/ SIGN TO OHE 55812'S7"W "HISTORIC BEECH TREE" I I — CURB 3, OHE 0 �.0� --I27z - PREPARED FOR 0 I OHE�� --_ HE CURB = o_ 's �> �9 OHE - BEECH TREE ALLEY, LLC SOUTH [3D.68, 3o8�URB —off S T �0 DATE: JANUARY 20, 2011 BEET REV. APRIL 5, 2011 (EASEMENTS) CURB REV. JUNE 10, 2011 (RAIN GARDENS, COBBLE APRON) -_ -- -- n-B l• Scale:1"= 15' 0 7.5 15 22.5 30 37.5 FEET off 508-362-4541 I fax 508-362-9880 downcope.com down cope a#gineering, Inc. civil engineers land surveyors 939 Main Street ( R to 6A) YARMOU THPOR T MA 02675 DCE #10-089 10-089 MAIN STREET 599.DWG