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HomeMy WebLinkAbout0088 YARMOUTH ROAD J � l \rl �L. ��4 p s . d �� -i~ f, n � r--- -� t ''� � rl �� � �� �me�� ��. �, __ __ .4- Ak Town of Ba nstab STABLE THE Tp�� o Regulatory YPsM 2: 46 Thomas F.Geiler,Director iARNWABLE, i 9�A 16.19.. �0� Building Division lEv �a Tom Perry,Building o kftilft 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 v PERMIT# l(o FEE: $ SHED REGISTRATION ` 120 square feet or less . Ps Location of shed(address) Vil age Property owner's name Telephone number Size of Shed Map/Parcel# Signature Date Hyannis Main Street Waterfront Historic District? e Old King's Highway Historic District Commission jurisdiction? f � Conservation Commission(signature required) S PLEASE NOTE: IF YOU ARE WITHIN THE JURISDICTION OF ANY OF THE ABOVE COMMISSIONS,THERE MAY BE A REVIEW PROCESS AND APPLICATION FEE. PLEASE SEE THE APPROPRIATE COMMISSION FOR DETAILS. THIS FORM MUST BE ACCOMPANIED BY A PLOT PLAN Q-forms-shedreg � 2J REV:121901 �t YARMOUTH ROAD { i HOUSE 88 Lu { MAP 328 PCL.198 zIco 6,970 SF. Q I + Q 32.0 - 4.4.00' 1 l „1. N O P �- J i r..r 14, ICON?VN ��• ZONING DISTRICT PRD 1 - , ". f - PLOT PLAN OF LAND r LOCATED IN HYANN IS,MASS. . PREPARED FOR ' MICHAEL.. FECAL DATE:DEC.27,2000 SCALE:1 =20' CAPE & ISLANDS ENGINEERING YARMTHRD MASHPEE,MASS. -- Town of Barnstable EVEr �o Regulatory Services , Thomas F.Geiler,Director ` miwrnsLE. MIAS& g Building Division 1639. �0 Arfp Mpl° Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 COMPLAINUINOUIRY.REPORT Date:(t,111 (116 Rec'd by: � Complaint Name: � Map/Parcel Location Address: Originator Name:- Street:- Village: State: Zip: a ephone• Complaint Descripti - —, D- — ----FO OFF US,, NLY Inspector's Action/Comments Date: inspector: e— Additional Info.Attached i Q:forms:complaint Jones, Walohi From: Cairns, Joe Sent: Tuesday, June 11, 2002 10:06 AM To: Jones, Ralph Cc: Burgmann, Bob Subject: RE: 88 Yarmouth Rd. Hyannis Hi.Ralph The side_,ne_at 88 Yarmouth-Road:has-been-marked_out-and-the-fence on the Nly�sid_eline_is_g-back=of-the-street-line-and the-fence on`the Sly sideline.is 1-back_of_the_street_line. Joe Cairns ----Original Message----- From: Burgmann,Bob Sent: Friday,June 07,2002 4:22 PM To: Cairns,Joe Subject: FW:88 Yarmouth Rd. Hyannis Please comply. -----Original Message----- From: Jones,Ralph Sent: Friday,June 07,2002 2:53 PM To: Burgmann,Bob ` Subject: 88 Yarmouth Rd. Hyannis We have received a complaint about a new fence that has been erected on this property and extends out over the sidewalk. Also the fence blocks the neighbors when exiting her driveway. Please determine'the town boundary for me . Thank you Ralph 1 Barnstable Assessing Search Results Page 1 of 2 i s - �"" Home: Departments:Assessors Division: Property Assessment Search Results <<back to search 88 -YARMO UT' -A- Owner: BECAL, MICHAEL J TR Property Sketch Legend Map/Parcel/Parcel Extension0 a tj0 328 /198/ Mailing Address BECAL, MICHAEL J TR out) � REAL ESTATE VENTURES TRUST 118 PINE ST '', �'- HYANNIS, MA. 02601 " F 113 .,s S.A Assessed Values: Appraised Value Assessed Value ' Building Value: $64,200 $64,200 Extra Features: $ 1,400 $ 1,400 Outbuildings: $0 $0 Land Value: $40,900 $40,900 Interactive Property Map: Ma requires Plu in: 'i". Totals:$ 106,500 $ 106,500 1 have visited the maps before f Show Me The Map 't" April 2001 photos available �" Sales History: Owner: Sale Date Book/Page: Sale Price: BOGGESS, MARY B 8/15/1992 8142/037 $25,000 FERRO, RONALD C TRS 11/15/1986 5414/220 $79,900 BRITO, STEVEN M 11/15/1986 5414/219 $ 11 BRITO, MANUEL J 1329/965 $0 CAPE COD MORTGAGE TRUST INC 6/11/1998 11493/.075 $ 1 BECAL, MICHAEL J TR 11/29/1999 12689/242 $43,600 Tax Information: Tarr Rates: (per$1,000 of valuation) Town Tax $ 1,001.10 Town Fire District Rates Other Rates 9.40 Barnstable 2.88 Land Bank 3%of Town Tax Hyannis FD Tax $307.79 C.O.M.M. 1.54 Cotuit 1.88 http://www.town.barnstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing/... 1/16/2003 Barnstable Assessing Search Results Page 2 of 2 Land Bank Tax $30.03 Hyannis 2.89 West Barnstable 1.96 Total: $ 1,338.92 Due to rounding differences these values may vary Land and Building Information Land Building Lot Size(Acres) 0.15 Year Built 2001 Appraised Value $40,900 Living Area 1344 Assessed Value $40,900 Replacement Cost $ 107,002 Depreciation 0 Building Value 64,200 Construction Details Style Cape Cod Interior Floors CarpetHardwood Model Residential Interior Walls Drywall Grade Average Grade Heat Fuel Gas Stories 1 Story F A Heat Type Hot Air Exterior Walls Wood Shingle AC Type None Roof Structure Gable/Hip Bedrooms 3 Bedrooms Roof Cover Asph/F GIs/Cmp Bathrooms 2 Bathrooms Total Rooms 5 Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value DOR Dormer 9 $ 1,400 $ 1,400 Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/tob02/Depts/Administrative Services/Finance/Assessing/... 1/16/2003 i `- _- - - 000 4 1 f 7 i r U , � � TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 'Map Parcel n b F Permit# Health Division 56'o�-� r�"'�``^�� 43 i 'a f�J=S Date Issued Conservation Division /���s ll?�,3� 01 AAA)/;V271aa byC��'�•o, Fee Tax Collector Treasurer Planning Dept. AP CANIT MU(17 OBTAIN Date Definitive Plan Approved by Planning Board Al eoAo e, !'N� POAIT .� J;tt©M fNcin�E�,a�s Div. Pftt C T , Histc,� -OKH Preservation/Hyannis A OR t4 ONS tipN Project Street Address � a , M�' -t As R e ,� ra Village ° - Ar � y ,Owner a,� S �'M^�/(/ �I���- 4 Address Telephone _f-c 3 Permit Request Square feet: 1st floor: existi &N G proposed 2nId floor: existing proposed Total new / �3 Valuation AA� Zoning District P.y Flood Plai Groundwater Overlay Construction Type wt f Lot Size e Us Grandfathered; F Yes O No If yesattach supporting documentation. Dwelling Type: Single Family tall, Two Family D Multi-Family(#units)' Age of Existing Structure �w ik Historic House: ❑YA No On Old Kiing's Highway: ❑Yves No Basement Type: Full ❑Crawl ❑Wal out ❑O,t r ' Basement Finished Area s Cft._ "�✓t "T `' ( q ) easement Unfinished Area(sq,ft) # Number of Baths: Full: existin new '` lf: existin 9 9fi: new Number of Bedrooms: existing new ? pt Total Room Count(not including baths): existing new First Floor Room-,Count, ,� Heat Type and Fuel: Gas ❑Oil ❑ Electric ❑Other ` Central Air: ❑Yes XNo Fireplaces: Existing N w Existing wood/coal stove: D Yes ❑No Detached garage:D existing ❑new size Pool: O efisn •g g g g ❑new; size Barn ❑existing ❑anew size Attached garage:D existing ❑new size Shed-.4 existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes D No If yes, site plan review# b Current Use` - Proposed Use s BUILDER INFORMATION Name �o��,� �C 07y�..- Telephone Number J 6 I Address 3y cibc.J � License# ..� 1;4,, ©�bo Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO rhf�� 5 SIGNATURE DATE /6� ��A/ r FOR OFFICIAL USE ONLY PERMIT'NO. DATE'ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER 1.. f. DATE OF INSPECTION t FOUNDATION > y FRAME F INSULATION FIREPLACE p� ELECTRICAL: 'ROUGH FINAL r PLUMBING: ROUGH FINAL GAS: ROUGH n°; FINAL FINAL BUILDING -r } DATE CLOSED OUT ASSOCIATION PLAN NO. F g _t TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map .. Parcel �-� Permit# Health Division .oi_a,,, S'�� � i-1�P�4 /3la Date Issued �' S .��d/ p4,4-N1217-7101) C*- 17A� Cc* Fee Conservation Division � � Tax Collector %©� oJea= PP Treasurer IQ) fD 03 (� I co z� ID Planning Dept. Z 2&>1 Z-1C, 61 400 Date Definitive Plan Approved by Planning Board �, - �`� CANT ldxf�a CONN RBTAMA8EVVER ENGINEERING MIT FROM TIIE Historic-OKH N�� Preservation/Hyannis EONSTRUCTJON VISION PRIO$TO t/ Project Street Address Village ullaagt ' M e I V.,15i2L Owner e address . ?! G)Yc C .-dut U0a 1 C 47 Telephone :2 7 s-- I Permit Request L(v /bd)n ad -- - AA APR 5 2001 Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new 16 6 LI ZQ Jail Valuation Zoning District ffio Flood Plain Groundwater Overlay Construction Type ukx) Lot Size % �� Grandfathered: ❑Yes ;lo If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure C-qz Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ,Ao Basemer,A`Type: Wull ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: XGas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes XNo Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage: 0 existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing /new size Shed: ❑existing Cl new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use - Proposed Use BUILDER INFORMATION Name Q Y VOM Telephone Number 7S-17 f� Address Cll-C_cu e License# 05� W\q1,0A 1,5 Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE r FOR OFFICIAL USE ONLY PERMIT NO`. DATE ISSUED Iry MAP/PARCEL NO: 4 + Fly ADDRESS VILLAGE OWNER*' ' ! 0 DATE OF INSPECTION: FOUNDATION Z(9'co FRAME i t ' INSULATION 2411 FIREPLACE 3i€G �N�3�+44�u1�3 �+i;1h3 + • ELECTRICAL: W'61Y ZI03 OF Rom FINAL, r PLUMBING: ROUGH FINAL f 'w GAS: ROUGH FINAL I - , FINAL BUILDING r ' f DATE CLOSED'OUT `. ASSOCIATION PLAN NO. y RESIDENTIAL BUILDING PERMIT FEES APPLICATION FEE New Buildings,Additions $50.00 Alterations/Renovations $25.00 Building Permit Amendment $25.00 FEE VALUE WORKSHEET NEW LIVING SPACE square feet x$96/sq.foot ° x.0031= plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.'foot= x.0031= plus from below(if applicable) ACCESSORY STRUCTURE>120 sq.ft., >120 sf-500 sf $35.00 - >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf- 1500 sf 100:00 >1500 sf-Same as new building permit: square feet x$96/sq.foot= x.0031= r STAND ALONE PERMITS Open Porch x$30.00= (number) Deck x$30.00= d' (number) Fireplace/Chimney x$25.00= (number) Inground Swimming Pool $60.00 . Above Ground Swimming Pool $25.00 a Relocation/Moving $150.00 / (plus above if applicable) ` Permit Fee A projcost 03riAY.24.2001.: ANNIE SECAL NO.94S.TP.1/4 n� 1 rcQ � � Sr � D �i�"��4 Co ,�ImtEti+F�+ad�ere'a+4ar..�.. �.... a.uma.c,r. •:,..•.... ,..:-,, . ✓Te C�omr�azonu�eall a� ����rvaar.�uae lYd `. BOARD OF BUILDING;4REGULATIONS License: CONSTRUCTION SUPERVISOR Numbeir CS 07537E Birthd%7: Ezpl312003 r.no: 75376 d To: 00 ROGER E BYAM 34 CIRCUIT AVE HYANNIS, MA 02601 Administrator y x , i i i i . I TOWN OF BARNSTABLE , BUILDING DEPARTMENT-- COMPLAINT/INQUIRY REPORT Date Rec'd B Assessor's No------------ Last Name First Name ORIGINATOR Street Village State Zip Telephone• Home Z/,?b Work Description: f _ COMPLAINT Aw- -AT INQUIRY Requestor's- Signature COMPLAINT Street Address LOCATION A- a,l OFFICE USE ONLY INSPECTOR'S Date 21 1 �� (U_ Ins ector ACTION/ � t - COMMENTS (.E 3-7(y/ FOLLOW-UP ACTION CU 7-4 ADDITIONAL INFO. ATTACHED COPY DISTRIBUTION: WHITE - DEPARTMENT FILE YELLOW - INSPECTOR PINK - INSPECTOR (RETURN TO OFFICE MGR.) i misci -._ The Commonwealth of Massachusem �'i� ! F— Department of bidtistrial Accidents ao = 1�4 OfflCt OIffiYCS11881fOOS - 600 Washington Street Boston,Mass 02111 1 Workers' Compensation Insurance davit name: r ' location �� X ill��l Dr/�� • cRv phone# J U ❑ I am homeowner perfa=dug all work myself am a sole tnoorietor and have no one in anv=adty 1 ensauoa for i on as +orkerl LUIS •IOU . 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OAR•#.. .c•�.��-;r-;•rn . ------------- FalZms to seeore cove mp as req red ender Section 2SA of Mt'L M e us lead to the impooMm of erimtaal penalties of a Bt @ up to s1.500.00 and/or am years,imprisonment as well as dvil peoald"in the form of a STOP WORK ORDER and a tme of 5100.00 a day agatost me. I tmdernand that s copy of this sntemmi vasty be forwarded to the Once of Invesdgxdnm of the DIA for coverage verin at on. I do hereby eerti,fy under the pars mrd penalties of pc7zuy the the information provided above is&w and tarred Sigastare Date d p��r R64f;�CPhalle# � JI — oiIIdai use only do not write in this area to be completed by city or town ofHdal ` &Y or town: permtm ense# ❑BtMing Departrue" C3Ucenvn=Board ❑eheel<if immediate— nse is required ❑Sdecnnen's Ounce ❑Health Deparanent contact person: phone#: - ❑Other i4••1• . . . �. . •1•J . 1 . . . •.1•p L• y •.I .• . • . I. • - II• • • • .. . 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I 11,0 11 1 1 1 1 1 1 I I - 1 ' I I � 1 / • 1 ' I s ESTIMA TEO PROJECT COST WORKSHEET LIVING SPACE - Val, (high end construction) square feet X$1151sq. foot= (above average constructio square feet X$961sq. foot (average construction) square feet X$571sq. foot= GARAGE (UNFINISHED) square feet X�$251sq. foot= PORCH square feet X$20/sq. foot= DECK square feet X$151sq. foot= OTHER square feet X$??lsq. foot= Total Estimated Project Value � �y PETER M. DAIGLL Attorney at Law 6 Center Placeil 1550 l•almonth R.J. Route 28 Centerville, MA 02632 Telephone 508-771-7444 F.csin ile 508-771-8286 June 13, 2001 Albert Ulshoffer, Jr. Building Inspector Town of Barnstable Barnstable Town Hall 367 Main Street Hyannis, MA 02601 Re: Real Estate Ventures Trust Dear Mr. Ulshoffer: Enclosed please find a copy of the decision of the Zoning Board of Appeals. Sincerely, Peter Daigle PMD/js Enc. i :e as ow a A. 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TOM _ bn!'tcYi.0.ZOLb emub S, O.DI RAcaE FBUhIbAY IOhl T H .� s t v. 1-4 aN S,J1A. ♦h YARMOUTH ROAD • �g.eRK' R=303.23' L=91 M 1 HOUSE 88 co , lcn z MAP 328 PCL.198 z / 2 6,970 SF. o 1 1 Q CO c1� 32,00' DG�jeL`1NG N rn � 44.00' 4.00� i- 0, � n a ' Q90��^G �aoFOP�� ZONING DISTRICT PRD 1 • ` PLOT PLAN OF LAND LOCATED I N HYAN N I S,MASS. PREPARED FOR MICHAEL SECAL DATE:DEC.27,2000 SCALE:1 "=20' . . ' CAPE & ISLANDS ENGINEERING YARWHRD MASHPEE,MASS. d e f 88 YARMOUTH ROAD-MOVE HOUSE CALL BOB HAYDEN. HE NEEDS TO PULL A SEPARATE PERMIT TO REMOVE A BUILDING FROM A LOT. CHARGE MINIMUM FEE FOR THIS. NEED LETTERS OF CERTIFICATION FOR UTILITY SHUT-OFFS �� D PLAU NEED ROAD BOND E'=$I24� ASED N VALUE OF FIGURES 000 S T$40/SF= U ALUE 40,000) �-- WE WILL ISSUE PERMIT TO"INSTALL EXISTING SINGLE FAMILY HOME ON NEW FOUNDATION" ISSUE FOUNDATION PERMIT AND THEN BUILDING PERMIT AFTER THE AS-BUILT IS SUBMITTED. INSPECTIONS REQUIRED WILL BE: FOUNDATION AND FINAL NOT REQUIRED HOUSE PLANS ENERGY COMPLIANCE FORM BUILDING DOES NOT HAVE TO BE BROUGHT INTO COMPLIANCE WITH CURRENT BUILDING CODE r 3 Urenas Gloria Subject: FW: Real Estate Venture Trust- 88 Yarmouth Road From: Traczyk Art To: Ulshoeffer, Elbert Cc: Urenas Gloria Subject: Real Estate Venture Trust-88 Yarmouth Road Date: Wednesday, November 01, 2000 1:36PM Elbert& Gloria I have been working with the folks on this lot- and the more I find out about it the worse it is getting. It appears this lot was illegal created (not in conformance with zoning ) and transferred in 1953. It was created in 1953 and according to the bylaw of that time, the lot should have had a minimum of 7,500 sq.ft. at that time - it actually required it as of March 1951. This lot absolutely has to have zoning relief. Art. Page 1 z m; NJ ltSk, Zi c3 22/l 98� u J9- jiv o� t�,Z`C���u...b-bbb;F—CCtiO� B'� �Ir \. tii• w . I HE-REaY RXT RAN S�owtJ "P-ri4E 00lLS1 GONFo-M -ro -rv� J'�a � 1NA W f-rN PE"b4R-9 -Ta ��M E 5 Dr.L�.L C�J 1 rz.EM TS 4jd F-N �7 i' Qj L .. �FU2-Cii>^.� FY'T�4 'TH' '-rdl_�'o 1 = 2�� �TE° OvY�.1 DES N o-r �At..l_wiTk�i�a.SF'1J�1- C. �DE�At- �1h7 E-ta.�a.C'� �•�--� /a,�1L7 15 F� ' ��a���J6r �) :*- 1D� 1U{�A�E+D AS o►JE "c orb Fl�zi�l (-,Sze) l - 71 -71 ►.��� P-o;�� �lfc Z co tes - 9- 8 S / ere, SY 8 5 x VTs�9��(�`tsiloT sE v �'i�-D �f vwx ►�Q.oZslo > t�'r'L. cucCf� Y 4 Sv fz. S a y5Y 1 G o� E13WARD L� >WoEf- - Mg2Y s A. �. STONE 0.28980 oQ cG 14 2 PG'S .57 Z a Ac�1ST AOIW t Z- tint A n a 1 ,Z paw � SIN NO Z-OAJ 1►�t �waxz.o,o., S rar.J E P L• 980 rv1 A� �� rur�N FAT i '75" M I rJ 'ZO� M i nl sir ,t� �•s' _ 1 YARMOUTH ROAD R=303.23' HOUSE 88 MAP 328 PCL.1 98 zIce 6,970 SF. °'- 44.04 119�1u ZONING DISTRICT PIED 1 , ' f PLOT PLAN OF°LANDLOCATED ICI HYANNIS,MASS_ PREPARED FOR MICHAEL BECAL ° DATE DEC.27 2000 A "- , SC . LE 1 20 CAPE & ISLANDS ENGINEERING YARWHRD MASHPEE,MASS. t, ,L �a Town of Barnstable Planning Department Staff Report Real Estate Ventures Trust - Appeal 2000-97 Variance to Section 3-2.1 (6)Bulk Regulations, Minimum Lot Size Date: October 20, 2000 To: Zoning Board of Appeals Approved By: J66kie atsten, Principal Planner Drafted By Art Traczyk, Principal Planner Applicant: Real Estafe Ventures Trust`., Property Address: '88 Yarmouth Rd.,,Hyannis,MA Assessor's Map/Parcel:''Map 328, Parcel 198 Zoning: PRD Professional Residential Zoning District Groundwater Overlay: WP-Wellhead Protection District Filed:September 14,2000 Hearing:October 25,2000 Background: The property at issue in this appeal is a 0.15 acre(6,734 sq.ft.)vacant lot addressed as 88 Yarmouth Road, Hyannis. The lot is located in the.PRD-Professional Residential Zoning District which today requires a minimum lot area of 7,500 sq.ft. The locus was before the Board on September 13, seeking to have the decision of the Building Commissioner overruled. In that appeal, the Board upheld the decision of the Commissioner and the applicant sought to seek relief in the form of a variance. Site History&Staff Review: The lot was previously developed with a one-story single-family dwelling. On July 10, 1992 a fire occurred in the structure and shortly thereafter it was vacated. The structure went unoccupied and deteriorated over time. In May of 1994 concerns were raised by neighbors over the neglect of the building and the hazard it posed.. In early 1995 the Building Commissioner's office became concerned for the vacant structure and on March 6, 1995 requested that the building be razed On March 9, 1995 the Building Department condemned the structure and again requested that it be razed.* On March 13, 1995, Building Permit No. 37485 was issued to the site for the demolition of the structure. This was completed on that day as noted on the building permit and confirmed in a March 14, 2000 Letter from the Building Department. On May 29, 1998 a survey lot plan was prepared b EAS Survey Inc. for the site showing a proposed Y YP P P P Y Y 9 P P location of a new structure on the lot. This plan was later referenced in a May 30, 2000 letter as a proposed plan for the location of a home to be moved to the site. On June 3, 1998, Building Permit No. 31344 was issued to Lawrence M. Nadzeika to permit a building to be moved from 148 Lewis Bay Road to the 88 Yarmouth Road site. That permit was good for the building of a basement for the structure and rehabilitation of the building as a single family dwelling. The estimated project cost was$40,000. The building had been placed on the lot but no foundation was constructed and no use was made of the building during that time. The building remained on the 88 Yarmouth Road site on temporary wood block piers until January 7th, 1999. On that date, the building was again moved from the Yarmouth Road site to a new site within the Town of Yarmouth. r Town of Barnstable-Planning Department-Staff Report Real Estate Ventures Trust - Appeal 2000-97 Variance to Section 3-2.1 (5)Bulk Regulations,Minimum Lot Size On March 16, 2000, the applicant, Real Estate Venture Trust, submitted a plan to the Site Plan Review Committee. That plan was for the development of a 3,192 sq.ft. two-story rooming house of 8 bedrooms. The review took place on March 30, 2000, however, the plan was not found approvable. The plan did not meet minimum standards set forth under the provisions of Site Plan Review and dimensional requirements for parking. On April 10, 2000, a request by Peter M. Daigle was made to the Building Commissioner, to determine the buildability of the undersized lot. Mr. Daigle maintained that the lot was a non-conforming lot in terms of size and that it had been in continuous use by virtue of the structure located there on and permits issued, On April 21, 2000, the Building Commissioner responded to Mr. Daigle's letter, stating that in his view the move of the building to the site did not hold back the three year abandonment given that no foundation was built. On May 30, 2000 a letter from Mr. Daigle to the Building Commissioner cited additional information to . substantiate that permitting activities were continious and that the lot has never been abandoned'. On July 3, 2000, the Building Commissioner responded stating that it was his"belief that 88 Yarmouth Road is not a building lot." On September 13, 2000 the Board upheld the decision of the Building Commissioner finding that the lot has lost its non-conforming status because the use was abandoned. Variance Findings: In consideration for the Variance, the applicant must substantiate those conditions unique to this lot that justify the granting of the relief being sought. In granting of the Variance the Board must find that: 1. unique conditions exist that affect the locus but not the zoning district in which it is located, 2. a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and 3. the relief may be granted without.substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Suggested Conditions: If the Board should find to grant the requested Variances, they may wish to consider the following conditions: 1. The variance is issued only for relief of lot size to permit the 6,950 sq.ft. lot to be buildable. 2. Given the small size of the lot, use and development of the lot shall comply with all other zoning requirements for the PRD district without further variance relief from this board, including parking and landscaping requirements of the ordinance.. 3. Only one curb-cut on to Yarmouth Road shall be permitted for this lot. 1 2 1 TI F BEING S01WRT Imo` .€: t 1],TIAINED BY THE ZONIiIti OFFICER TO BE APPROPRIATE RE GIM THESE NC '+OWN OF BARNSTABLE Zoning Board of Appeals SEP 1 4 2000 Application for a Variance TOWN OF BARNSTABLE ZONING BOARD OF APPEAL",��_ Date Received For office use only Town Clerk's Office: Appeal# GOtJ— Hearing Date Decision Due ZA' The undersigned hereby applies to the Zoning Board of Appeals for a Variance,in the manner and for the reasons set forth below. Applicant Name: Jt C ct i �S� Ue.larc s TK.s" Phone: S Y-7 7 /7Y5C j _ Applicant Address: LAQ Mo r ��� r� 1i°hc�t AQ�. SW!`it f, HTc,..,J�� yv►�•. Property Location: '%T Va hip►?b aj1 /Q44 . . A4,a w M.;s Property Owner. E Jr �TtTt T�ave-s vk.Sr Phone: � 71'7�y� Address of Owner O n /)%w Oot r y ff apprcant differs hom owner,state datum.of interest I Assessor's Map/Parcel Number. Zoning District P�� Number of Years Owned: l Groundwater Overlay District: Variance Requested: 3 . i (60 ROUG Rg&Uc:A'0bNs Cite Section$Tide of the Zoning Ordinance Description of Activity/Reason for Request Attach additfonai sheet if necessary Does the property have any existing Variance or Special Permit issued to it? wV Permit No.:. 1 if the applicant differs from owner,the applicant will be required to submit one original notarized letter,copy of a proposed purchase&sales-agreement or lease,or other documents with the application to prove standing and interest in the parcel or structure. Application for a Variance-Page 2 existing Level of Development of the Property-Number of Buildings: Present Use(s): IhA ceii X: Gross Floor Area: sq. ft. Proposed Gross Floor Area to be Added: t1 s^`�6 sq. ft., Altered: sq. ft. Description of Construction Activity(if applicable): S,nj t .l l bll� y 1 X EZ 1 L Attach additional sheet and plans ifnecessary Site Plan Review(required to be completed prior to applying to the Zoning Board of Appeals): Site Plan Review Number Date Approved [Jj-Not Required-Single or Two Family use Is the property located in a designated Historic District?.................................................... Yes[ ] No y� lfyes [ j-Old King's Highway Regional Historic District Date Approved(if applicable) ( ]-Hyannis Main Street Waterfront Historic District Date Approved(if applicable) is the building a designated Historic Landmark?.................................................................. Yes[ J No[� Have you applied for a building permit?............................................................................... Yes[r] No[ ) Have you been refused a building permit?.......................................................................... Yes jij No[ j The following information must be submitted with the application at the time of filing. Failure to do so may result in a denial of your request Three(3)copies of the completed application form, each with original signatures. Three(3)copies of a certified property survey(plot plan) and one(1)reduced copy(81/2"x 11'or 11"x 17")showing the dimensions of the land,all wetlands,water bodies, surrounding roadways and the location of the existing improvements on the land. • Three(3)copies of a proposed site improvement plan and one(1)reduced copy(81120 x 11"or 110 x 170),drawn by a certified professional and found approvable by the Site Plan Review Committee(if applicable). This plan must show the exact location of all proposed improvements and alterations on the land and to structures. See"Contents of Site Plan", Section 4-7.5 of the Zoning Ordinance, for detailed requirements. • The applicant may submit any additional supporting documents to assist the Board in making its determination. Signature: Date: AppleMantt's or Representative's Signature Representative's ISO f46%Ok'k Phone: SS" 171- 7M , Fax No.: Address: C� +77h bg �i� ti1a' Yq,9*00 '9p,4D a.3o3 z/_ - 4� W h h Q too; i a y G, V SO S.r m Q. ill 86.99 N 03'39.29"E O N-lN q blS T21GT PIZU .1 PLOT PLAN OF LAND L OCA TED IN HYANNIS - MASS PREPARED FOR � GA>>R; MICHA EL BECA L 08 DATE.-APR. 13. 2000 SCALE- 1°=20 FT. ''; '.,.r, - ✓' -_ ^ i. ���5� CAPE 6 ISLANDS ENGINEERING ` MASHPEE - MASS. t6•101 AiM -4 Nrl 11: L13 Town of Barnstable Zoning Board of Appeals i Decision and Notice Real Estate Ventures Trust - Appeal 2001-21 Variance-Section 3-2.1(5) Bulk Regulations, Minimum Lot Size Summary: Granted with Conditions Applicant: Real Estate Ventures Trust and Cape Cod Mortgage Trust, Inc. Property Address: 88 Yarmouth Rd., Hyannis, MA Assessor's Map/Parcel: Map 328, Parcel 198 Zoning: PRD Professional Residential Zoning District Groundwater Overlay: WP-Wellhead Protection District Background: The property at issue in this appeal is a .15 acre(6,950 sq.ft.)vacant lot addressed as 88 Yarmouth Road, Hyannis. The lot is located in the PRD-Professional Residential Zoning District which today requires a minimum lot area of 7,500 sq.ft. This property was previously before the Board in Appeals 2000-81 and 97. In Appeal 2000-81 the Board found to uphold the decision of the Building Commissioner that the lot at issue was not buildable as-of-right. In 2000-97, the Board did not grant a bulk variance to the minimum lot area to allow for the construction of a two-family dwelling. Concerns were expressed by Board members that the two family dwelling on this undersized lot, at this!location, would be problematic. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 8, 2000. 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 February 21, 2001, at which time Vice-Chairman Gail Nightingale stated that there were only four members present to hear the appeal. She cautioned the applicant that with a four member board a unanimous vote is.needed to grant the relief being sought. The petitioner elected to proceed with a four member board. The members of the board discussed whether or not this petition was to be considered a repetitive petition and determined to refer the matter to the Town Attorney for an opinion on the matter. No one spoke for or against the petition. The hearing was continued to March 141', 2001. At the meeting of March 21, 2001, the board was unable to vote on the petition due.to the town's nomination as a District of Critical Planning Concern, and the matter was referred to March 21, 2001, for the purpose of voting. The Town Attorney rendered a decision that the petition was not repetitive. Board Members hearing this appeal were; Dan Creedon, Gail Nightingale, Tom DeRiemer, Dick Boy and Chairman Ron Jansson. Attorney Stanley Nowak represented the petitioner. He stated that it was the intent of the applicant to build single-family dwelling. The minimum lot area in the PRD district is 7,500 sq. ft. The locus of this appeal contains 6,950 square feet. The Board discussed development of the lot and cited that given the lot size a single-family house would be better suited for this lot. Mr. Jansson stated that he had viewed the site and the lots in the neighborhood were of similar size. The members of the board discussed the structure and determined that a three bedroom cape-style would be best suited for the location. Findings of Fact: At the hearing of March 21, 2001, the Board proposed the following findings of fact as related to Appeal 2001-21: 1. In Appeal 2001-21, the applicant, Real Estate Ventures Trust, is seeking a Variance to Section 3-2.1 (5) Bulk Regulations, Minimum Lot Size, to construct a single family dwelling. 2. The property at issue is addressed as 88 Yarmouth Rd., Hyannis, MA, Assessor's Map 328, Parcel 198. The property is zoned PRD Professional Residential Zoning District and is within the WP- Wellhead Protection Overlay District. 3.' The property at issue is a .15 acre(6,950) sq.ft vacant lot. 4. The applicants seek a variance from the minimum lot area to allow for the construction of a 2 story approximately 1,792 sq.ft., 3 bedroom single-family dwelling with an attached garage of 252 sq.ft. 5. The non-buidablity of this lot was initially attributed to abandonment of the use as cited in a July 03, 2000 letter of the Building Commissioner that the Board found to uphold in Appeal 2000-81. However with further information staff has concluded that the lot when created probably was not legally created under zoning for the time. According to information supplied by the applicant during the 2000 hearings, this lot was created in 1953. The lot at that time was deficient in-area. 6. On September 13, in Appeal 2000-81 the Board found to uphold the decision of the Building Commissioner that the use had been abandoned and the lot has lost its legal non-conforming status. 7. The proposal would be a substantial detriment to the neighborhood and problematic 8. No unique conditions under Chapter 40A, Section 10, exist. 9. The relief, if granted, would be a substantial detriment to the public good and nullify or substantially derogate from the intent or purpose of the Zoning Ordinance. The majority of the board did not concur with these findings. The Vote was as follows AYE: Gail Nightingale, Richard Boy NAY: Tom DeRiemer, Dan Creedon, Ron S. Jansson Discussion on findings Mr. Jansson stated that quite frequently the board did not find variance conditions, but hardship conditions are often recognized by the board. He further stated that in this instance denial would be a hardship to the petitioner, and that the proposal was not a detriment to the neighborhood, and that the petitioner had come before the board three times. Mr. Creedon stated that he distinctly recalled that the board had encouraged the petitioner to come back to the board with a single family dwelling, and he supported the petitioner's appeal. Additionally, he proposed that a cape style single-family dwelling be submitted to the board with not more than three bedrooms and minus the family room and office. Mrs. Nightingale requested that the plans be submitted to the board before the building permit is issued. She also stated that the plan be for a one and one/half story cape. 2 Decision: Based on the split vote of the Board on the findings and the majority's concern that the proposal constitutes a substantial hardship, and the relief sought may be granted with conditions imposed that would not be a detriment to the neighborhood and would be in the spirit and intent of the.Zoning Ordinance, a motion was duly made, and seconded to grant the relief being sought in Appeal 2001-21 subject to the following conditions: 1. Development of the lot is limited to a cape style 1.5 story home not to exceed 3 bedroom of approximately 1,700 sq. ft. No family room and no office room are to be designed into the structure. Plans for the home are to be submitted to this Board's Office for its approval prior to the issuance of a Building Permit. 2. Use of the lot is limited to one single-family dwelling and its accessory uses. However, accessory uses shall exclude renting of rooms to not more than 10 persons as provided for in Section 3- 2.1(2)(A)of the PR District. In this case, the renting of rooms shall be limited to no more than 3 persons by the family residing in the dwelling. 3. Only one curb-cut shall be permitted for this lot onto Yarmouth Road The Vote was as follows AYE: Gail Nightingale, Richard Boy,Tom DeRiemer, Dan Creedon, Ron S. Jansson NAY: None Ordered: Appeal 2001-21 is Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Ron S. Ja , Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts; hereby.certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been fille/din the office of the Town Clerk. Signed and sealed this F GC day o e 2 under the pains and penalties of perjury• c1 r Linda Hutchenrider, Town Clerk 3 `• f 1 - i • Town of Barnstable Planning Department Staff Report Real Estate Ventures Trust - Appeal 2000-81 Appeal of the Building Commissioner Date: September 07, 2000 To: Zoning Board of Appeals Approved By: Jackie Etsten, Principal Planner Drafted By Art Traczyk, Principal Planner Applicant: Real Estate Ventures Trust Property Address: 88 Yarmouth Rd., Hyannis, MA Assessor's Map/Parcel: Map 328, Parcel 198 Zoning: PRD Professional Residential Zoning District Groundwater Overlay: WP-Wellhead Protection District Filed:July 12,2000 Hearing:September 13,2000 Decision Due:October 19,2000 Background: The property at issue in this appeal is a 0.15 acre(6,734 sq.ft.)vacant lot addressed as 88 Yarmouth Road, Hyannis. The lot is located in the PRD- Professional Residential Zoning District which today requires a minimum lot area of 7,500 sq.ft. The applicant is appealing the ruling of the Building Commissioner that the lot in question is not buildable under zoning. The issue of this non-buildability appears to be one of abandonment. The Building Commissioner expressed his opinion in a letter dated July 03, 2000 and the applicant appealed that decision on July 12, 2000. The appeal was taken within the 30 day limitation set by MGL Chapter 40 A Section 15. Site History&Staff Review: The lot was previously developed with a one-story single-family dwelling. On July 10, 1992 a fire occurred in the structure and shortly thereafter it was vacated'. The structure went unoccupied and deteriorated over time. In May of 1994 concerns were raised by neighbors over the neglect of the building and the hazard it posed2. In early 1995 the Building Commissioner's office became concerned for the vacant structure and on March 6, 1995 requested that the building be razed3. On March 9, 1995 the Building Department condemned the structure and again requested that it be razed4. On March 13, 1995, Building Permit No. 37485 was issued to the site for the demolition of the structure. This was completed on that day as noted on the building permit and confirmed in a March 14, 2000 Letter from the Building Department.5 On May 29, 1998 a survey plot plan was prepared by EAS Survey Inc. for the site showing a proposed location of a new structure on the lots. This plan was later referenced in a May 30, 2000 letter as a proposed plan for the location of a home to be moved to the site. 1 See-Hyannis Fire Department Report of 7-10-92 2 See-Town of Barnstable Building Department Complaint/Inquiry Report 3 See-March 6, 1995 letter 4 See-March 9, 1995 letter 5 See-Permit Application#3785, Building(Demolition) Permir#37485 and March 14,2000 Letter Town of Barnstable-Planning Division-Staff Report Real Estate Ventures Trust - Appeal 2000-81 , Appeal of the Building Commissioner On June 3, 1998, Building Permit No. 31344 was issued to Lawrence M. Nadzeika to permit a building to be moved from 148 Lewis Bay Road to the 88 Yarmouth Road site. That permit was good for the building of a basement for the structure and rehabilitation of the building as a single family dwelling. The estimated project cost was$40,0007. The building had been placed on the lot but no foundation was constructed and no use was made of the building during that time. The building remained on the 88 Yarmouth Road site on temporary wood block piers until January 7th, 1999. On that date, the building was again moved from the Yarmouth Road site to a new site within the Town of Yarmouth.8 On March 16, 2000, the applicant, Real Estate Venture Trust, submitted a plan to the Site Plan Review Committee. That plan was for the development of a 3, 192 sq.ft. two-story rooming house of 8 bedrooms. The review took place on March 30, 2000, however, the plan was not found approvable. The plan did not meet minimum standards set forth under the provisions of Site Plan Review and dimensional requirements for parking.9 On April 10, 2000, a request by Peter M. Daigle was made to the Building Commissioner, to determine the buildability of the undersized lot. Mr. Daigle maintained that the lot was a non-conforming lot in terms of size and that it had been in continuous use by virtue of the structure located there on and permits issued1o. On April 21, 2000, the Building Commissioner responded to Mr. Daigle letter, stating that in his view the move of the building to the site did not hold back the three year abandonment given that no foundation was built". On May 30, 2000 a letter from Mr. Daigles to the Building Commissioner cited additional information to substantiate that permitting activities were continuos and that the lot has never been abandoned'Z. On July 3, 2000, the Building Commissioner responded stating that he"belief that 88 Yarmouth Road is not a building lot.," Attachments: Copies: Petitioner/Applicant 6 See-Plot Plan 7 See-Permit Application#31344 and Building Permit#31344 8See-Permit to Move Building 9See-Site Plan Review Application No.40 10 See-April 10,2000 Letter 11 See-April 21,2000 Letter 12 See-May 30,2000 Letter 13 See-July 3,2000 Letter 2 KEJ,JEF BEING SOUGH; 17" N 3-P1, TOWN OF ART TERMINED BY THE ZONING :�:_:. -��-�;:,,',IENT OFFICER TO Zoning Board of Appeals L ".::;'MATE RELIEF GIVEN THL Application for OtherPowers Date Received For office use only: Town Clerk office Ta] Y 1- 12 Pill 3: 23 Appeal f Hearing Date 9`10 Decision DUO 16-a-do The undersigned hereby applies to the Zoning Board of Appeals for the reasons indicated: . Applicant Name: Rpal Estate 11gan+-rrracz Tynigt- Phone rnn -7-71 -7AAA Applicant Address: -C/o Attorney Peter M---Daicrle Property Location: 1550 Falmouth Road, Suite 6, Centerville 88 Yarmouth Road, Hyannis, MA This in a request for: Enforcement Action H Appeal of Administrative Officials Decisio -JUL 12 20M 11 Repetitive Petitions W Appeal from the Zoning Administrator TOWN ARMSTABLE 0 H other General Powers - Please specify: ZONING BOARD j -APPEAL'S Please Provide the Following Information (as applicable): Property owner: Real Esiatiz Xzt=nf-n_r-,=c rr-rj,Qj- Phone Address of owner: P.O. Box 664' Ry,&pnjqpnrf- P MA n7gA7 Xf applicant differs from owner, state nature of Interest: Assessor's Map/Parcel Number R12&/1 98 Zoning District PR Groundwater overlay District which section(s) of the Zoning ordinance and/or of HGL Chapter 40A are you appealing to the Zoning Board of Appeals2 51 Rulk Existing Level of Development of the Property Number of Buildings; 0 vacant land Present Use(s) : Gross Floor Area: sq.- ft. ------------ Application for other Powers - n Nature a Description of Request: Applicant appeals from Building Commission denial of a building permit. Attached separate sheet If needed. Is the property located in an Historic District? Yes [j NO If yes ORH use only: Plan Review Number - Date Approved Is the building a designated Historic Landmark? Yes [j No Q�] Sf yes Historic Preservation Department use only: Date Approved Has a building permit been applied for? Yes Pj No [] Has the Building inspector refused a permit? Yes [Xj No [] Has the property been before Site Plan Review? Yes [j No For Buildina Department use only: Not Required - Single Family [] Site Plan Review Number Date Approved Signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your request: Three (3) copies of the completed application form, each with original signatures. Three (3) copies of all attachments as may be required for standing before the Hoard and for clear understanding of your appeal. The applicant may, submit any additional supporting documents to assist the Board in making its determination. :si nature �} 9 Date: / Appl .cant or Agent's SS nature: Agent's Address: 1550 Falmouth Road, Suite 6 Phone: 508-771 -7444 Centerville, MA 02632 Fax No.508-771 -8286 Zcao- 8 J ' o �,' � � � 38 ® o 0 ! 65 i \ 328 r32 1616 NAP 328 // - , 00 01 o i 3219 ¢ 300 Ft.;'B� r 96 92 a9 77 ! 11 329 p 19 / I _ 1 I !-� *� _._. ._ 1r32e -- - �-_� N1AP3 .._328 328 328 ?<$$ 186 p 23D8 1824 7a" 28 36 l 1I 1 AIAP'327 #R #� - 1 1 1 / Z. - 1 328 I' 318 I 1 11 .i 326 1 o OO tIAr327 1 (�! 1 9k 1 - • : 2 327 :. Q f5 6-1 327 (� r 1 Mu_ _ 1 1 // 88 AP 321 1 ll IA�P327 .. NAP 327 7 185❑ 1 / 327 327 ; I ' 11 // 1 s 75 C SB 1 4 u IT. o AIAP 321 168 MAY 3 327 / I _ . 2 / - _... / 169p ! I¢ A1P321 ®� $1 ?327 j / OO 327''❑ 180 7Q•: ,*Wff 31T. N sULE: I 150- MAP 328 PARCEL 198 W Tr- E S *NOTE: Plonimetriq topography,and **NOTE The parcel lines are only graphic representations DATA SOURCES: Planimetria(man-made features)were interpreted from 1995 aerial photographs by The lames vegetation were mopped to meet Notional of property boundaries.They are not true locations,and W.Sewall Company.Topography and vegetation were interpreted from 1989 aerial photographs by GEOD Mop Accumq Standards of a scale of do not represent actual relationships to physical objects Corporation. Plonimetrics,topography,and vegetation were mapped to meet Notional Map Accuracy Standards 1"=1001. on the mop. at a scale of I"=100'. Parcel lines were digitized bum 2000 Town of Barnstable Assessor's tax maps. Igisxt1Xbarn\dgn\m328198.dgn Aug. 17, 2000 14:01:17 Property Location: 88 YARMOUTH ROAD MAP ID: 328/198/// Vision fl): 27949 Other ID: Bldg#: 1 Card 1 of 1 Print Date:09/07/2000 2' AMMITUM-1.Vj?V-SX11" 41" "0 BECAL,MICHAEL J TR DescripLion Code !Appraised Value Assessed Value REAL ESTATE VENTURES TRUST ES LAND 1300 16,800 16,800 118 PINE ST 801 HYANNIS,MA 02601 VEDATA-Barnstable,A ma"P-rz Additional Owners: ccount# 245719 Plan Ref. Tax Dist. 400 Land Ct# Per.Prop. #SR Life Estate #DL I Notes: VISION #DL 2 GIS ID: Total j 16,800j 16,800 BECAL,MICHAEL J TR 12689/242 11/29/1999 Q V 43,600 00 Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value CAPE COD MORTGAGE TRUST INC 11493/075 06/11/1998 U 'V I IA 2000 1300 16,800 1999 1300 16,8001998 1300 16,800 BOGGESS,MARY B 8142/037 08/15/1992 U 1 25,000 L FERRO,RONALD C TRS 5414/220 11/15/1986 Q 1 79,900 BRITO,STEVEN M 5414/219 11/15/1986 1 1 A BRITO,MANUEL J 1329/965 Q IM I U 1 01 t—zatal... 16,800i Total.i 16, 16,800 ------ WN WM= This signature acknowledges a visit by a Data Collector or Assessor Year TypelDescr4ption Amount Code Description Number Amount Comm.Int. O Of R MIKE, M��Mlll 'M a m; Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 Total.I Appraised OB(L)Value(Bldg) 0 Appraised Land Value(Bldg) 16,800 MIRMARLIM�oll,��llwllr 51 MINN. Special Land Value *LAND ADJUST.FOR REISDENTLA,L..... ................ Total Appraised Card Value 16,800 *FIRE-HOUSE OF Total Appraised Parcel Value 16,800 NO VALUE 1/93... Valuation Method: Cost/Market Valuation ................ �et Total Appraised Parcel Value 16,800 e Co� DEMOSF Da te Permit ID Issue Date Type De rcription Amount Insp.Date %Comp. Date Comp. Comments ate ID Cd. PurposelResult !D!B37485 3/1/1995 D 0 1/15/1996 100 !WWWO 1 9- Z W .......... B# Use Code Description Zone D Frontage Depth Units Unit Price I Factor S.I. C.Factor Nbhd Ad!. Notes-Ad YS ecial Pricing Adj. Unit Price Land Value 1 1300 Vac Land PRD 4 0.15 AC 387,000.00 0.80 1 0.50 P015 0.72 SPCL(.15,UI0)Notes:10 IBLD 112,230.00 16,8-0-0 Total Card Land Units 0.15 AC Parcel Total Land Area: 0.15 AC I Total Land Valu 16,800 Property Location: 88 YARMOUTH ROAD MAP ID: 328/198/ Vision ID:27949 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 09/07/2000 Element Cd. JCh, Description Commercial Data Elements tyle/Type 99 Vacant Land Element Cd. Ch. Description odel 00 Vacant eat&AC ade 7rame Type tones aths/Plumbing ccupancyCeiling/Wall ooms/Prtns Exterior Wall 1 /a Common Wall 2 Wall Height Roof Structure Roof Cover ii` v�.. Interior Wall 1 � ;' lement 2 ode Description Factor terior Floor 1 omplex 2 Floor Adj nit Location Heating Fuel Heating Type ber of Units C Type ber of Levels �Fownership Bedrooms Bathrooms "ti _ y" ng nadj.Base Rate 1.00 otal Rooms Size Adj.Factor .00000 Grade(Q)Index .00 Bath Type Nbhd Adjustment .00 Kitchen Style Adj.Base Rate Idg.Value New Year Built ff.Year Built mil Physcl Dep uncnl Obslnc 0 Maw wt con Obslnc pecl.Cond.Code 1300 Vac Land 100 pecl Cond Overall%Cond. eprec.Bldg Value Code Description LIB Units Unit Price Yr. Dp Rt %Cnd Apr. Value 71-AW NOW 4 Code Description Living Area Gross Area E .Area Unit Cost Unde rec. Value h Gross LiylZease Area 0 01 0 Bldp Val, MASSACHUSETTS FIRE INCIDENT REPORT DEPARTMENT Rev sed O a:. .:.<019 2 2 f> H annls Fire Department Report Form If Ex Alarm Arrival In Service It Date 0006031 Fire 007/10/92 Day lFriday 6. 23:50 123:5 3 1 01 :44 SITUATION FOUND ACTION TAKEN $ Structure Fire <v1 1 .•.._ _;:•,••""""< MUTUAL AID Extin uishment FIXED PROPERTY USE (OCCUPANCY) ?=> '':<. >Jv IGNITION FACTOR C 1-FamilyDwelling: Year < 41 1 Suspicious. Not Disturb ' CORRECT. ADDRESS ZIP CODE CENSUS TRACT 88 YARMOUTH ROAD 02601 40 O 11 OCCUPANT NAME (LAST, FIRST, MI) TELEPHONE ROOM or APT. UNOCCUPIED E, OWNER NAME (LAST, FIRST, MI) ADDRESS TELEPHONE 12 UNKOWN G 13 METHOD OF ALARM CO. DIST. PERSONNEL ENG RESP. .......... AERIALS RESP. ,: 40 ::. ® RESP. 2 4. SHIFT HAZ MAT PRESENT? N TANK. RESP. OTHER RESP. "D r; 0 41 Telephone (Tie-line) NO. ALARMS SUBSTANCE 0. 0 1 ?:LSPEC. EQUIP. USED? 20 F r<.SERVICE 0 S< < f<c z•:;::; OTHER03 OMOBILE PROPERTY TYPE 0 8 VEHICLE STOLEN? 'ESTIMATED TOTAL INSURANCE.CO. Mobile Property N/A DOLLAR LOSS TOTAL INS.. CLAIM PD 0 0 30 YEAR MAKE MODEL COLOR - LICENSE NO. VIN#F �►• JIF EQUIP INVOL. YEAR MAKE MODEL -""` SERIAL.NO. 40 IN IGNITION COMPLEX ;:;; AREA OF EQUIP INVOLVED IN IGN. Dwelling 1 & 2 Family) ORIGIN Sleeping Room • :?1..' No Equipment Involved FORM OF HEAT IGNITION :MATERIAL FORM %ti"'' A :.f0 0 TYPE © Heat of I n Undeterminecl. ;;:;<r:: : IGNITED Form of Mat Undeterminec �;�:.;. Type of Mat Undetermined ;< :::_ METHOD OF LEVEL OF ORIGIN Number of Stories CONSTRUCTION TYPE P". EXTINGUISHMENT sY: :`• YPreconnect fron '`` Grade to 9 feet abc :.. . 1 storyUnprotected Wood Fram >8 EXTENT OF DAMAGE Flame Smoke DETECTOR PERFORMANCE SPRINKLER PERFORMANCE N Confined to structure `+```` O Confined to structure 6^< 6" op No detectors ' 8..... 8 .. resent Noe ui ment resent ® Material generating FORM TYPE most smoke Apparel Not on a Person 1 34 Man-made Fabric, Fiber 71 CAVENUE OF SMOKE TRAVEL R WEATHER 1 CLEAR Opening in construction CONDITIONS Officer in Charge: Date P CHISHOLM CHIEF 7/1 1 /9 2 Comments for this incident have been printed on an additional comments page. TOWN OF BARNSTABLE , ~' BUILDING DEPARTMENT COMPLAINT/INQUIRY REPORT Date Rec'd By Assessor's No. 1 Last Name First Name ORIGINATOR Street Village /� State Zip Telephone: Home � ,[ (� Work Descri tion: _ -COMPLAINT INQUIRY / Requestor's Signature. COMPLAINT Street Address LOCATION A= OFFICE USE ONLY INSPECTOR'S Date f Inspect r ACTION/ ' COMMENTS FOLLOW-UP ACTION ADDITIONAL INFO. ATTACHED COPY DISTRIBUTION: WHITE - DEPARTMENT FILE YELLOW — INSPECTOR PINK - INSPECTOR (RETURN TO OFFICE MCR.) MISC1 / he 'down of Bart__table "¢NAM 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 6, 1995 Ms Mary B. Boggess 56 Capri Lane Chatham, MA 02633 Re: 88 Yarmouth Road, Hyannis, MA Dear Ms Boggess: We have been working with you to have the above referenced house demolished. Unfortunately, it appears that our efforts to coordinate with you have fallen by the wayside. We are now informing you that you must apply for a permit to raze that structure within 48 hours and raze it within two weeks. We sincerely hope you comply with this letter. If we do not hear from you, the Town will be forced to raze it and lien your title. As you probably are aware, due to the requirements of municipal bidding laws, the costs will be considerably higher if the Town does the work than if you contract the work yourself. Please let us know which course you wish to pursue. Sincerely, Gloria M. Urenas Zoning Enforcement Officer GMU/km Certified Mail P 015 496 602 R.R.R. _- The Town of Barnstable • wewsreai.� • 16,1 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 Ms Mary B.Boggess 56 Capri Lane Chatham,MA 02633 Re: 88 Yarmouth Road,Hyannis,MA Dear Ms Boggess: The above referenced building has been condemned by this office. Please contact this office immediately regarding the razing.of the building. Sincerely, Gloria K Urenas Zoning Enforcement Officer GMU/km Certified Mail P 015 469 599 RR-R. /FA? . Q950210A The k „ UMAH,� : Town of Barnstable =- d 9. Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 mph Cmsse-• Fax: 508-790-6230 Building Com:=lone: March 14, 1995 Ms Mary B. Boggess 56 Capri Lane Chatham, MA 02633 Re: 88 Yarmouth Road, Hyannis, MA Dear Ms Boggess: The above referenced building was razed by Mr. Lawrence Donovan on March 13, 1995. The Town is completely satisfied with the job. The appropriate Town agencies will be notified. Sincerely, Gloria M. Urenas Zoning Enforcement Officer GMU/km - r cc: Lawrence Donovan — Date Issued - /4zo s` En-dinccring Dept.(3td floor) House# k(T FJ1 �Im YAM 19 (Awfications Processed SA-9:30 a.nL&1:00-2:00 .m. 'a TOWN OF BARNSTABLE j Building rer nit Application! Project Street Address Vw Village Awl S F' vncr STD N Bo 6-61 O Addn= t'rcr- dool Ci6rt CGR yf Teleohonc S?9l'—2 SS 390.0 Permit Request: j EAU LI p �— Zoning District Flood Plain Water Protection Lot Sizc Gmndfathered Zoning Board of Appeals Authorization Recorded Cuffent Use Proposed Use Construction Type E:istine Information Dwelling Tvoe: Single Family y Two family Multi-family Age of structure Basement type Historic House Fi "(� Old King's Highway UUl `t Number of Baths No c V — Total Room Count(not including baths) „Q2{� Heat Type and Fuel Centn Garage: Detached Other Dc ` Attached None Builder: Name LI�W Addres D 2e^^n.CQQE JJd A/D✓I4� 7 s 1T11��r CA/,y1 s A•��..� _ 'n D•tw, Home Improvement Contractor# Worker's Compensation # NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN (AS BUILT) SHOWING EXISTING. AS WELL AS PROPOSED STRUCIURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO y/I/rMv✓711 Pmiect Cost S 0 0 Fee Sa.�J SIGNATURE 4 "'^-- DATE y� BUILDING PERMIT DEN®FOR THE FOLLOWING REASON(S) SPERM T �,�„� o,�IF �.�,;{ - .....oM�.nvacl�J ar YV�`V��\\� ■ r�1�W�■ SATE March 'I3 °��s its No 3.748.5 pPLICANT Lawrence Donovan r: `.PERMIT NO. +►ooREss � ort Dennis Road, A.-Yarmouth. MA Demolish Single t« ( (STREET► (CONTR'S UCENSEI 3 RMlrro Family Dwelling I 1 I STORY -Single F mi DwellingNUMBDWELER UNITS 1 'ITrPE OF IMPROVEMENT) MO. IP EO USE) J/►T(LOCATION) �­ 88 Yarmouth Road, '—rannis, T y' k v DZONING ISTRtcT (STREETIp :. 6ETWEEN AND MV ')CROSS STREET) .E .: ... . DROSS .STREET) k $UBOIVISION LOT BLOCK.' 'IZE BUILDING IS TO BE. FT.'WIOE.BY FT LONG BY FT ,IN HEIGHT AND SHALL CONFORM IN CONSTRUCT101 TYPE USE GROUP + `AASEMENTiWALlS OR iOUNOATION .,f{r Yt•' ^.- (TYPE) (EMARKS: a , r 'AREA Oh it 3t2 i "ice WALdlME " E PERMIT 50.00 -(CUBIC/SOUARf FEET) _ - - sowNER: Stephen Boggess =y �►oDREss `"Route 6A, Orleans, MA BUILDING BY ill iP OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.��II TZ(ELEA-SFTRE"A'FFLTC7CNT�RaF1-THE CONDITION: MINIM'-'M OF THREE CALL ):APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR PERMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN ci cMTo.r a o. .�..e....e t. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUP. 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCI MINAL INSPECTION TI TO LATHE FINAL INSPECTION HAS BEEN MADE. 3.FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISHIL BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS 1 ]� I - 1 2 Z • HEATING INSPECTION APPROVALS BOARD OF HEALTH AN REVIEW APPROVAL ! ED ON THIS CARD LAN BE 7(t GG NOT START EDME yWITHINULL N IX MONTHS OF D VOID IF DATETHE ARRANGED ARRANGEED FOR ON INSPECTIONS IBYTTELEPHONE OR WRITTEN S ISSUED AS NOTED ABOVE. NOTIFICATION. AC o. 1 A,'LA C.G f r P I 0, O a a 77 tz � A Eo \ 1 ''ems �! �� "ate�` �1 � �� •� ; � �� s.���,- l T�� 'Yoh ��� :� • 1 H�RE3Y CaELCI V=Y -Tl+,LT -ri1= 4e- n- L1- "P + FECT R-AN 5kowtiJ Tt-FE BylLnl►Jr 7. -,Pc -Nt c.� wt��4 L�-TO fl E o c L� rs r N rw>`.-rH Eta c��-c FY' �-rH' ` 20, Pam, o C";'F �.� Fwvo t-ta:ea= AtZd 15 71 .a ar,)hl 4T-1j ! - w71DSSIdy AXE V� AS �p#3s -C oft FIZM , A•�- cotier> HFtS PLa('PLAN t s B �c11t-pinl'7 �9- RJ�f�OSES is 599P GI3 �-r-L car LP.vTLIY E 4t55�Nf:q!y Y s,�(� 1N Of �/qs o►.>� 'L 9 -9 8 At7vR�s$- Y>,2r•j �r�• �cti �y�J 1�3!6 . l a EDWARD ��' QwIJ E� - M t�2�( �. f�.a6•� A. SMNE H a 6a2J�'�•P =C, o.28920 14 2 ?-- 'S 7 90'`' A�ClST Ao!�,�;Z- I A A P 3 S W,O..SZfl a., ��rUti1 E 1-• 980 . I . . , -4— 2 . . ►..•"Z-- - Engineering Dept.(3rd floor) Parcel Permit# J 344 House# Date Issued —3 ' Hoard of Health(3rd floor)(8:15-9:30/1:00- 3B) ,17ee Conservation Office(4th floor)(8:30-930/1:00-2:00) r k?y --B® raved and 19 pNNRi R10 0 �;5 �j rum s UCTMi He TOWN OFjB i i ! I Building Perini Application i ject t Address / Village , Owner Al & is /�i Address. `telephone I A _ r Permit Requ est ' i i•` First Floor square sq feet Second Floor square feet Construction Type h2w �r Estimated Project Cost $ Zoning District Flood Plain Water Protection Lot Size , /,r Grandfathered ❑Yes 0 No Dwelling Type: Single Family M11", Two Family ❑ Multi-Family(#units) Age of Existing Structure 9.0 T Historic House ❑Yes RNo On Old King's Highway ❑Yes ®No Basement Type: [full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.f►.) Basement Unfinished Area(sq.ft) New Half: Existing 0 New O v 4-l(loele— :isting_ New 0 First Floor Room Count �{ _ Electric ❑Other Existing INew Existing wood/coal stove ❑Yes QNo Other Detached Structures: ❑Pool(size) ❑Barn(size) ClShed(size) ,j `] t--7 j '71 7� ❑Other(size) < l Appeal# Recorded❑ plan review# t,urrent Use J r Proposed Use /Builder Information Name Z4u//`P4 cr l' a-Xe Telephone Number Address Jr — License# P Home Improvement Contractor# ///may/ OOF Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ���� ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO /ab4e SIGNATURE - l Y DATE BUILDING PERMIT DENIED FOR THE FdtWING REASON(S) r O� _ TOWN OF BARNSTABLE � BUILDING PERMIT PARCEL ID 328 198 GEOBASE ID 24571' .ADDRESS 86 YARMOUTH ROAD PHONE HYANNIS ZIP - .,OT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 33.344 DESCRIPTION MOV.FROM 148 LewisBay -0 ..88 Yarmouth Rd. 'EizMIT TYPE HRElOD TITLE RESIDENTIAL ALT/CONV CONTRACTORS: LAWRENCE M. NADZEIKA Department of Health, Safet3 ARCHITECTS: and Environmental Services 'TOTAL FEES: $124.00 BOND �ME CONSTRUCTION COSTS $40,000.00 753 MISC. AFT CODED ELSEWHERE 1 PRIVATE Q ` > + HARNSTABLE. i . MA88. IIAI� BUILD I BY DATE ISSUED 06/03/1998 EXPIRATION DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,-NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINII......B ..__... ...----- FOR `raa4 ;.LANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FC AW) EPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2.PF _ ADE.WHERE A CERTIFICATE OF OCCU ELECTRICAL,PLUMBING AND MECH- (RI QUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.IN! TIL FINAL INSPECTION HAS BEEN MADE. IS VISIBLE FROM STREET 8 =* SPECTION APPROVALS' ELECTRICAL INSPECTION APPROVALS 1 � 2 2 3 ISPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVEDTHE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. PERMIT TO MOVE BUILDING P/A PPLICA"PION tl (ijrrpplicuble) FEE SSESSORS MAP& PAGE NO.OF CURRENT LOCATION MAP&LOT NO. WHERE MOVED TO THE TOWN MANAGER OF BARNSTABLE The undersigned respectfully requests written permission to move a building over the public ways in the Town of Barnstable under the provisions of General Laws(Ter. Ed.),Chapter 85, Section 18. The building (multiple move,see reverse) shall be moved: FROM: .. �O TO: ROUTE: BUILDING SIZE: Height(loaded) Length �.5� Width Weig ht t�o (See reverse for additional buildings) �— g DATE OF MOVE: \ P7 TIME OF MOVE: To 167, 'e1U 44M ALTERN TE DATE(S) c�i?� ��a''-?rg , APPLICA T DATE 7�0 ADDRESS PHONE w . IPA �e OWNER DXTEADDRESS PHONE The d partment heads listed below do he prave the granting of the ab TREE WARDEN *3& SUPE NT OF D. P. W. DATE A. y 0AV , r 'CHIEF OF POLICE DATE � COMMONWEALTH CTRIC DATE 15 ENGLAND T-E-6EPHONE DAT9 BUILDING COMMISSIONER DATE &.OLD GS HI HWAY(fopplicable) .DATE CABLEVISION TE CHIEF OF FIRE.DEPARTMENT DATE OWNER OF ROADWAY(private) DATE LICENSING DIVISION(collecifee) An original certificate of insurance shall be provided to the Town Manager's office regarding workmen's compensation, public liability,automobile liability and any other applicable insurance including subcontractors. The name of the insuring agent will also be supplied upon request. The Town shall determine the specific insurance limits through consultation with the Administrative Services Director. On building moves over 18 feet loaded height Where,there are additional time requirements for the raising and lowering of wires(utility company assistance)the applicant shall be responsible for notifying a daily newspaper as well as at least two on- Cape radio/TV stations to properly apprise the public of the impending moving activity(i.e date/s of move,hours of move and roads affected). L� ,AMONWEALTH OF MASS. building moving permit(ifapplicable)has been issued on Permit#71 —\ TOWN OF building permit(ifapplicable)has been issued on for the new site on Street/Road,permit# TOWN OF Demolition/Removal Permit(•ifapplicable)has-been issued on for the existing site tin Street/Road, Permit# SECOND STRUCTURE Dimensions L W H.L WGT Moving date Alternate dates THIRD STRUCI't 1 RE i Dimensions L W H.L WGT Moving date Alternate dates FOURTH STRUCTURE Dimensions L .W H.L WGT Moving date Alternate date °4•, PERMIT I,the undersigned Town Manager of Barnstable hereby give written permission to to move a building in the ways specified above upon the terms and conditions as set out in the application and as listed below and upon the vote of the Town Manalacr. Witness my hand this �� day of u_•c 19 T"'OlxvTOWN MANAGER / TERMS OF PERMIT This permit is issued under the following p f g terms: 1. That the moving of the building be done promptly and in a skillful manner with no unnecessary inconvenience to the traveling public 2. That proper warning signs and lights be set-up to guard the public safety and such police protection be provided 'as the Chief of Police may require. 3. That the moving be done under the supervision and direction of the Chief of Police and the Superintendent of D. P. W. 4. That this permission be given upon the express condition that the Town shall be held harmless by the applicant against all liability, statutory or otherwise,for personal injury or property damage arising out of the moving of the building. S. If the move involves more than one structure,an addenda will be attached to the back of this form indicating the dimensions of each structure and the number of units to be moved on a given day, as well as alternate dates necessitated by weather and uncontrollded circumstances(accidents, etc.) 6. Notification shall be made to the Town Manager and Department Directors not less than 48 hours prior to moving date or alternate move date. 2 - la Western Surety Company . i LICENSE AND PERMIT BOND 1 :' For County, City,Town or Village Only-Not Valid for Bands Required by the State:Not Valid for Contract, ' ! Performance,Maintenance,Subdivision,Agent to sell Hunting and Fishing Licenses or Utility Guarantee Bond. KNOW ALL MEN BY THESE PRESENTS: BOND No. L&P-4 2I7 0 2�7 O `J w , That we, K & L Realty Trust of the Tom of Hyannis State of , as Principal• and WESTERN SURETY COMPANY, a Corporation duly licensed to do business in the State of MASSACHUSETTS , as Surety, are held and firmly bound unto the Town of Yarmouth , Stte of MA _Obligee, in the amount i (Valid only when a County,City,Town or Village is named as Obligee) of Three hundred and forty dollars DOLLARS ($ 140. 00 ), (NOT VALID FOR MORE THAN$25.000) lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made we bind ourselves and our legal representatives,jointly and severally. 1 THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal has been licensed to travel over roadways to move a structure to Map3 .8 , Pa Pl 198 Yarmouth Road, Yarmouth, MA by the Obligee. NOW THEREFORE, if the Principal shall faithfully perform the duties and comply with the laws and ordinances (including all amendments), pertaining to the license or permit, then this obligation to be void. othemis*'36':�temain in full force and effect for a period commencing on the 2nd day of June,•:•` ` �a;�'une ' ,•- i999 1998 , and ending on the 2nd day o$' - unless renewed by continuation certificate. •�This•bond 1riberEerminated at any time by the Surety upon sending notice in writing to the Obligee and to eaP cipal, in care.oi the Obligee or at such other address as the Surety deems reasonable, and at the expira- oir'of thirty-five fS days from the mailing of notice or as soon thereafter as permitted by applicable law, ; whfclieverzs,}ater•;d6 Aond shall terminate and the Surety shall be relieved from any liability for any subsequent acfssdY: . qW# �e Principal. Dated. s a '''Znd day of June /,2 _. 1 I I Principai Principal Countersigned WESTERN U Y COMP A N Y I By ��Jaov rl_ oZ� ��- By Resident Agent - President ' ACKNOWLEDGMENT OF S Ty STATE OF SOUTH DAKOTA }ss (Corporate Officer) County of Minnehaha f On this 2nd day of June 19 98, before me, the undersigned officer, personally appeared Jo ' e P.Kirby ,who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY, a corporation, and that he as such of SURETY being authorized so to do, executed the foregoing instrument for the purpose therein contained, by signing the name of the corporation by himself as such officer. I; IN WITNESS WHEREOF, I have hereunto set my hand and official seal. S. BARNES • /\ NOTARY PUBLIC 1 Notary Public, South Dakota W4 SOUTH DAKOTA �-°.� I Ny Cummission Fvpire: 1.22.9Y .� Western Surety Company r Farm 849—6.93 1-605-336-0850 TOTFL Application for bite .Flan Keview Location Business Name: Real Estate Ventures Trust Assessor's Map and Parcel Number: R 3 2 8-19 8 Property Address: 88 Yarmouth Road, Hyannis Owner of Prop ertry Applicant Real Estate Ventures Trust c/o Name: Real Estate Ventures Trust Name: Peter M. Daigle, Esquire Address 2.0_ Rnx. 6-4 Address: 1550 Falmouth Road. Suite 6 144zi3nni G.pnrt, r9A-02647 Centerville. MA 02362 Phone: Phone: ( 5 0 8) 7 71 =7 4 4 4 FAX: ( 508) 771 -8286 Engineer Att_ orney Name: ALL-Cape Eng; neeri n g Name: Peter M.-Daigle, Esgu i re Address:49 Harbor Road Address: Hyannis, NIA 02601 SAME AS ABOVE Phone: ( 5 0 8) 7 7 8-is 05 8 Phone: FAX: Storage Tanks Existing N/A Proposed N/A Zoning Classification Number: Number: District: PRD Size: Size: Groundwater Overlay: u,p Above Ground: Above Ground:. Sewage Daily Flow: Underground: Underground: - -� LDistrict 1 a Contents: Contents: f - f �/y Fi Hyann i G -O Utilities Nf Buildings Sewer-Public/Rdyat& L REV'E�"oposed: isting: 0 Water-Public:Tac 1 Electrical-AeriaWja4RZKw4 Demolition: Gas -Natural/kwjw RECE1VE ® MAR 16 2000 Total Floor Area By Use Residential: 3 T 9 2 s.f. Parking Spaces Curb Cuts TOWN OF BARNSTABLE Office: Required: 10 Existing: BUitDING DIV. Medical Office: Provided: 1 0 Proposed: 0 Commercial: On-S ite: 10 To Close: 0 Wholesale: Off-Site: 0 Totals: 2 Institutional: HP: Industrial: (Specify Use) *GP or WP areas restrict wastewater discharge to 330 gallons per acre per day into an onsite sewage system . 3 Old Binges Highway Regional Historic District: N/A Approved? Yes/No Hyannis Main St/Waterfront Historic DistricK: Approved? Yes/No Previous Zoning Board of Appeals action? No In Area of Critical Environmental Concern? No Project within 100' of Wetland Resource Area? No Note that all signage must be discussed with Ms. Urenas at the Building Department Listed in National and/or State Register of Historic Places?: No Perimeter setbacks: yn ' Front 40NO AA Side: ; Rear. %Lot Coverage (buildings&pavement): 77 Number of Floors: Floor Area: 319 Le. � First:��g�, Second: a 6l} Other (Specify): Are there Accessory Buildings? Accessory Building Floor Area: Please provide a brief narrative description of your proposed project. Construction of Q eight hadrnomr tfn-stcr� raomiag hnilce- I assert that Ihave completed(or caused to be completed)this page and the Site Plan Review Application and tha.4 to the best ofmyknowledge, the information submitted here is true. Signature Date 4 �� p, HEAVY DUTY C.I. FRAME & GRATE A+� SOD BOTTOM AND SIDES OF SWALE �► '4 w� at �� �\ SLOPE 1:2 0.67 C9 0.9F RIM..ELE 36. 918 SF C=0.9 2.38f 00 6.67 612 F N 1143 SF 2.00 6.00 1.00 ID c 612 1143 0.50 CORRUGATED ALUMINUM o DRAINAGE PIPE a; OR EQUIVALENT BETWEEN BASINS ao o o • A OWNSPOUTS �O ARE TL O LEACHING o0 6.00 BASINS o 3/4" - 1 1/2" RIM ELEV 36I4 BASIN PAD WASHED STONE CATCH BASIN DETAILS- 38' x 42' (LCb-1000-H-20 1000 GAL. LEACHING (1596 SF) CATCH BASIN ON 6' BASIN PAD ® W/ C.I. FRAME AN GRATE AT GRADES .SHOWN ON N y, 10.00 SITE PLAN) 87.00 pk� 1444 SF NAT'L/LANDSCAPED SCALE: 1/4•=11-0• C=0.3 6709 SFt TOTAL- LOT AREA PROPOSED DRAINAGE PLAN SITE PLAN jj' #88. YARMOUTH ROAD HYANNIS MA scALe 1•=za BJY 03-08-00 i PETER M.DAIGLE ATTORNEY AT LAW 1550 Falmouth Road, Suite 6 Centerville, MA 02632 TELEPHONE: (508)771-7444 FACSIMILE: (508)771-8286 May 30,2000 Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: 88 Yarmouth Road,Hyannis,MA Dear Mr. Crossen: This letter is in response to your determination as to the buildability of the referenced lot. I have enclosed some additional supporting data to further my claim that there was an intention to permanently move a house on the site. 1. A letter dated March 6; 1995, from Gloria M. Urenas,Zoning Enforcement Officer condemning the structure and order to raze. 2. A letter dated March 14, 1995, from Ms. Urenas indicating the building had been razed. 3. A copy of the engineer's plan dated May 29, 1998 showing the proposed new building location 4. A copy of the license and permit bond dated June 2, 1998. Certainly as to the"spirit and intent", as you describe it, to work within the three-year abandonment rule,the applicant went to great expense at the time to have the lot engineered for a specific house, obtained a bond and permit to relocate an existing house to the locus, and received a permit from the Town of Barnstable. Unfortunately, at the time,the applicant had a contractual dispute with the builder, whereas,a foundation was never completed and the house removed. However,the applicant at all times acted in good faith. After reviewing the documentation submitted herewith, I would appreciate meeting with you to discuss the issues. Sinc e ter M. Daigle The Town of Barnstable NAM• s�,srna�, • �e� Department of Health Safety and Environmental Services Ec 39. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-8624038 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 3,2000 Peter M.Daigle,Esquire Attorney at Law 1550 Falmouth Road Centerville,MA 02632 Re: 88 Yarmouth Road,Hyannis,MA Dear Attorney Daigle: I have received your letter of 5/30/00 and all supporting documentation and still am of the belief that 88 Yarmouth Road is not a buildable lot. You have the right to appeal this decision,if you so choose. We will be more than happy to assist you. Sincerely, Ralph M.Crossen Building Commissioner RMC:cah g000703a �IM Town of Barnstable A gepartment Plannin D BAMSrAB M g 230 South Street, Hyannis, Massachusetts 02601 fD�Aim (508) 862-4786 (508) 862-4725 �ar To: Site Plan Review y' 1� From: Drafted by Douglas Bill,Associate Planner Reviewed by Art Traczyk,Principal Planner / Approved by Robert Schernig,AICP,Director V Rv Checklist Site Plan Review Report: A The Site Plan shall include one or more appropriately scaled maps or drawings of the property, drawn to an engineer's scale, clearly and accurately indicating such elements of the following information as are pertinent to the development activity proposed: ❑ 1) Legal description,Planning Board Subdivision Number(if applicable), Assessors'Map and Parcel number and address(if applicable)of the property. { ART'�'s�#n�+�ttlt��} ya�,: A ❑ 2) Name, address and phone number of the property owner, and applicant if different than the property owner. tl; >�state�etktur�s`1�rustx tee f R�eai l�stat�'i�e���`�A�plt�artt l7� �{�ox/��i�64 elt�I�e}{tx�r ry 1��� �1✓sq #} 2 2 2 rysprt M 2 .�x( t1�:lt1aLL 5 C� ❑ 3) Name,address, and phone number of the developer,contractor,engineer,other design professional and agent or legal representative. All Cape Engineering ❑q�4�)y Complete ro ertv dimensions,area and zoningclassifica[%ti�yon of property. �( 5 1'i2WGBy: i EX:t5r -< >E 22}`$ laaetS}. v'8t INS- * or two(2)stories whichever is lesser. ❑ 5) Existing and proposed topographical contours of the property taken at two-foot (2) contour intervals by a registered engineer or registered land surveyor. N/A ❑ 6) The nature, location and size of all significant existing natural land features, including, but not limited to,tree, shrub, or brush masses, all individual trees over ten inches(10")in caliper, grassed areas, large surface rock in excess of six feet(6)in diameter and soil features. Provide a more detailed plan ❑ 7) Location of all wetlands or water-bodies on the property and within one hundred feet(100)of the perimeter of the development activity. See Plan Dated ❑ 8) The location, grade and dimensions of all present and/or proposed streets,ways and easements and any other paved surfaces. See Plan Dated ❑ 9) Engineering cross-sections of proposed new curbs and pavements, and vision triangles measured in feet from any proposed curb cut along the street on which access is proposed. See Plan Dated ❑ 10)Location,height,elevation,interior and exterior dimensions and uses of all buildings or structures, both proposed and existing; location, number and area of floors; number and type of dwelling units; location of emergency exits, retaining walls,existing and proposed signs. See Plan Dated 'redse(s) afpl0. 0nz ° cArtd fltyar� Tire Lod n ..o..... .... > 1 ..Aria :.....:.. ❑ 11) Location of all existing and proposed utilities and storage facilities including sewer connections, septic systems and any storage tanks, noting applicable approvals if received. Engineering ❑ 12) Proposed surface treatment of paved areas and the location and design of drainage systems with drainage calculations prepared by a registered civil engineer. Engineering ❑ 13) Complete parking and traffic circulation plan, if applicable, showing location and dimensions of parking stalls,dividers,bumper stops,required buffer areas and planting beds. k Present Plan to Planning Department for review \S+O 14)Lighting plan showing the location, direction and intensity of existing and proposed external light ��' fixtures. KVI `. At" / t Present plan to PlanningDepartment for review . ❑ 15) A landscaping plan showing the location, name, number and size of plant types, and the locations and elevation and/or height of planting beds,fences,walls,steps and paths. Present plan to Planning Department for review ❑ 16)A location map or other drawing at appropriate scale showing the general location and relation of the property to surrounding areas including, where relevant, the zoning and land use pattern or adjacent properties,the existing street system in the area and location of nearby public facilities. ❑ 17) Location within an Historical District and any other designation as an Historically Significant property, and the age and type of each existing building and structure on the site which is more than fifty (50)years old. Old Kings Highway Regional Historic District N/A Hyannis Main Street Waterfront Historic District N/A ❑ 18) Location of site with regard to the GP, Groundwater Protection Overlay District and WP, Well Protection Overlay District as shown on the Official Zoning Map, Section 2-2.1, Identification of Zoning Map. (Revised by Town Council on Sept. 17, 1998 b a 1.0 Yes vote on item 99-012) ❑ 19)Location of site with regard to Flood Areas re lated bZ Section 3-5.1 herein. . ,Vn: ❑ 20) Location of site with regard to Areas of Critical Environmental Concern as designated by the Commonwealth of Massachusetts,Executive Office of Environmental Affairs. N/A ❑ Additional information may be required by the Building Commissioner or his designee, as reasonably necessary,to make determinations required by this section. Staff Comment: Use: The proposed use is a Conditional Use identified in Section 3-2.1(3)(A) which requires a Special Permit to be issued by the ZBA. The lot is currently vacant with no structures, as such, the new construction must meet the bulk requirements and landscape requirements of the district. Landscaping: Section 4-2.6 10 foot front yard landscaping required in a PR District 10 foot side and rear yard landscaped setback required 10 foot landscape buffer between building and parking The applicant should provide a Landscaping plan with reconfigured parking plan to the Planning Department for review. Parking: 1.2 * 8 bedrooms = 10 spaces The applicant should be informed that parking is to be located to the side and rear of the new building per Section 4-2.7. The parking is to be so located that vehicles will not back out onto a public way per Section 4-2.5(3). Bulk Requirements: It appears that the applicant's plan does not meet the minimum bulk requirements for the district. These include 7.5 foot side and 20 foot rear yard setbacks. A lot coverage calculation should be provided as the project is located in a WP Groundwater Protection Overlat District. The applicant should also be informed of the 50% impervious standard in Section 3-5.2(7)(C). If the minimum requirements can not be met, a variance application appears necessary to seek relief from the ZBA. i a. 1 �F PETER M. DAIGLE ATTORNEY AT LAW 1550 Falmouth Rand, Suite 6 Route 28 Centerville,MA 02632 TELEPHONE: 508-771-74M FACS&ME: 508-7714286 April 10, 2000 Mr. Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Determination of Buildability of Undersized Lot Locus: Map 328 Parcel 198 88 Yarmouth Road,Hyannis,it& Zoning: Locus deed: 1329/965' . Dear Mr. Crossen: -As a follow-up-to our telephone conversation of last.week,I am confirming certain representations made to you as to a priorhome locate&on the above referenced lot within the last three years. Based on these.representation,I believe the lot currently is a "non-conforming Lot" exempted from the current minimum lot size provisions of the Barnstable Zoning Ordinance and a building permit is obtainable. A copy of a permit to"Move Building' dated January 5, 1999 is enclosed for your review. Additional, some correspondence from Bell Atlantic discussing moving of the telephone lines is enclosed. Thank you for your attention to this matter. Sin ely, MPeterK Daigle, Esquire °FtHE r, The Town of Barnstable • snnrrsrnsre, • ��� Department of Health Safety and Environmental Services ATE1 39. A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner April 21,2000 Attorney Peter M.Daigle _. _.... ^ 1550 Falmouth Road,Suite 6 Centerville,MA 02632 — = Re: 88-Yarmouth Road,Hyannis;.MA.. Dear Attorney Daigle: r �` I regret to inform you that the house move to 88 Y-armouth Roadthit-you�+rote,to me about on=Apri1-10, --=' - 2000 was never a real move. There has never been a foundation bNi It on the site;soat-iHouse stopped::.: _ -there briefly,it was never with the intention to follow t'fiiou witTrVib mdme loca there: This would not be a sufficient enough placement:to.cirsumynnt.the spu t aaduitent abandonment rule:.-....- Sincerely, Ralph M.Crossen tr Building Commissioner RMGIun g000421b FROM _Y .....FAX NO. Mug. T t 7 _:Yarmouth Road ; , :i.I 1- + ' _q0 Wide 1 _i _:_ -t t _ �. , 1 i , rl r^, - -•�;•---T•- L( .i ._ 1. LOT S#Ye Previous .7933/246 a.. i.. .4 •Apartments ... ft '? 4. ti LL Y i •1 '- . _l-+_ .. -;_...� .,. ' -a 5:3 �9-•��i tv '' `.84 b'9: 1�' � TXot1 it F: :i_�.. _ .�.. Iron pin6.4 L 1 •M�p� 3 i3 •pc� 1981� -+.,.. ••T• �� : : : . :: �:s... :� � '.._'I �• ? _ Pir,kingf �: I a.; 4-4 t Zone PR _1 Site Atari :of Land In Hyarinis MA Far Pdtei Dagld... _ i �:'i..l .•� ! I _ * �.: ..._ ! _ B'tsTri2�"13j� ;d�'dd 1329�i9�65 - .... j !•? -%-- -._*i �` 1- ; i Scab 14 l"- ' 20' 1 ;Date�3-1OU P .1 , II ; 1lII Capp Enginddririg :� ,•' i -• 1 49 'Harbor Road ° ` r 1 '-i liyaririis, MA ..._ 1 ` : I,: .._' ;° _ 1.. : .ram - � �-T.... .. ; �• - --�i .� T7 f IE - LAB PETER M.DAIGLE ATTORNEY AT LAW 1550 Falmouth Road, Suite 6 Centerville, MA 02632 TELEPHONE: (508) 771-7444 FACSEVI LE: (508)771-8286 May 30,2000 Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: 88 Yarmouth Road,Hyannis, MA Dear Mr. Crossen: This letter is in response to your determination as to the buildability of the referenced lot. I have enclosed some additional supporting data to further my claim that there was an intention to permanently move a house on the site. 1. A letter dated March 6, 1995, from Gloria M.Urenas, Zoning Enforcement Officer condemning the structure and order to raze. 2. A letter dated March 14, 1995, from Ms. Urenas indicating the building had been razed. 3. A copy of the engineer's plan dated May 29, 1998 showing the proposed new building location 4. A copy of the license and permit bond dated June 2, 1998. Certainly as to the"spirit and intent", as you describe it,to work within the three-year abandonment rule,the applicant went to great expense at the time to have the lot engineered for a specific house,obtained a bond and permit to relocate an existing house to the locus, and received a permit from the Town of Barnstable. Unfortunately, at the time, the applicant had a contractual dispute with the builder, whereas, a foundation was never completed and the house removed. However,the applicant at all times acted in good faith. After reviewing the documentation submitted herewith, I would appreciate meeting with you to discuss the issues. Sinc ter M. Daigle The Town of Barnstable BAM'019. Department of Health Safety and Environmental Services ED MPS�' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 3,2000 Peter M.Daigle,Esquire , Attorney at Law 1550 Falmouth Road Centerville,MA 02632 Re: 88 Yarmouth Road,Hyannis,MA Dear Attorney Daigle: I have received your letter of 5/30/00 and all supporting documentation and still am of the belief that 88 Yarmouth Road is not a buildable lot. You have the right to appeal this decision,if you so choose. We will be more than happy to assist you. Sincerely, Ralph M.Crossen Building Commissioner RMC:cah g000703a l MAM Town of Barnstable Zoning Board of Appeals Decision and Notice Real Estate Ventures Trust - Appeal 2000-81 Appeal of the Building Commissioner Summary: upheld the Building Commissioner FILE COPY ONLY! ` Applicant: Real Estate Ventures Trust Property Address: 88 Yarmouth Rd.,Hyannis, MA NOT RECORDED AT Assessor's Map/Parcel: :Map 328,Parcel 198 DEEDS Zoning: PRD Professional Residential Zoning District REGISTRY OF Groundwater Overlay: WP-Wellhead Protection District Background: The property at issue in this appeal is a 0.15 acre (6,734 sq.ft.)vacant lot addressed as 88 Yarmouth Road, Hyannis. The lot is located in the PRD-Professional Residential Zoning District which today requires a minimum lot area of 7,500 sq.ft. The applicant is appealing the ruling of the Building Commissioner that the lot and use has been abandoned under zoning and therefore not a buildable lot. The Building Commissioner expressed his opinion in a letter dated July 03, 2000 and the applicant appealed that decision on July 12, 2000. Site History The lot was previously developed with a one-story single-family dwelling. On July 10, 1992 a fire occurred in the structure and shortly thereafter it was vacated. The structure went unoccupied and deteriorated over time. In May of 1994 concerns were raised by neighbors over the neglect of the building and the hazard it posed' In early 1995 the Building Commissioner's office became concerned for the vacant structure and on March 6, 1995 requested that the building be razed, On March 9, 1995 the Building Department condemned the structure and again requested that it be razed' On March 13, 1995, Building Permit No. 37485 was issued to the site for the demolition of.the structure. This was completed on that day as noted on the building permit and confirmed in a March 14, 2000 Letter from the Building Department. On May 29, 1998 a survey plot plan was prepared by EAS Survey Inc. for the site showing a proposed location of a new structure on the lot This plan was later referenced in a May 30, 2000 letter as a proposed plan for the location of a home to be moved to the site. On June 3, 1998, Building Permit No. 31344 was issued to Lawrence M. Nadzeika to permit a building to be moved from 148 Lewis Bay Road to the 88 Yarmouth Road site. That permit was good for the building of a basement for the structure and rehabilitation of the building as a single family dwelling. The estimated project cost was$40,000., The building had been placed on the lot but no foundation was constructed and no use was made of the building. The building remained on the 88 Yarmouth Road site on temporary wood block piers until January 7th, 1999. On that date, the building was again moved from the Yarmouth Road site to a new site within the :- Town of Yarmouth. On March 16, 2000, the applicant, Real Estate Venture Trust, submitted a plan to the Site Plan Review Committee. That plan was for the development of a 3,192 sq.ft. two-story rooming house of 8 bedrooms. The review took place on March 30, 2000, however, the plan was not found approvable. The plan did not meet minimum standards set forth under the provisions of Site Plan Review and dimensional requirements for parking. On April 10, 2000, a request by Peter M. Daigle was made to the Building Commissioner,to determine the buildability of the undersized lot. Mr. Daigle maintained that the lot was a non-conforming lot in terms of size and that it had been in continuous use by virtue of the structure located there on and permits issued' On April 21, 2000, the Building Commissioner responded to Mr. Daigle letter, stating that in his view the move of the building to the site did not offset the three year abandonment of use of the building. On May 30, 2000 a letter from Mr. Daigle to the Building Commissioner submitted additional information to substantiate that permitting activities were continious and that the lot has never been abandoned On July 3, 2000,the Building Commissioner responded stating that"it was his belief that 88 Yarmouth Road is not a buildable lot." Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 12, 2000. 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 September 13, 2000 at which time the Board found to uphold the decision of the Building Commissioner. Board Members hearing this appeal were; Richard Boy, Dan Creedon, Jerry Gilmore, Gail Nightingale and Ron Jansson Chairman. Attorney Peter M. Daigle represented the applicant. He presented the history of the lots which agreed with that given by the staff and cited above. The Board discussed Section 4-4.8- Abandonment. It was determined that the critical year was in 1992 with the fire and vacating of the site. No use was made of the locus for three years after 1992. Public comment was requested and no one spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of September 13, 2000 hearing the Board unanimously found the following findings.of fact as related to Appeal 2000-62: 1. In Appeal 2000-81, Real Estate Ventures Trust has appealed the decision of the Building Commissioner. dated July 3, 2000, that the lot is not buildable under zoning and prior use thereon abandoned. 2. The applicant is Real Estate Ventures Trust, owner of property at 88 Yarmouth Rd., Hyannis, MA. The lot is shown on Assessor's Map 328 as parcel 198 and is in a Professional Residential Zoning District 3. The property at issue in this appeal is a 0.15 acre (6,734 sq.ft.)vacant lot addressed as 88 Yarmouth Road, Hyannis. 4. The lot is located in the PRD-Professional Residential Zoning District which today requires a minimum lot area of 7,500 sq.ft. 5. The applicant timely appealed the decision of the Building Commissioner 6. Section 4-4.8-Abandonment-sets a limit of 3 years for reconstruction, and re-use to commence in order to establish the continuance of the non-conforming rights. �,r,hcab.t5�b� 7. In view of the fact that property was rendered non-hebited by the fire of July 10, 1992, and that no residential use of the property was established within three years of date the previous use is abandoned. 2 I Decision: Based on the findings of fact, a motion was duly made and seconded to uphold the decision of the Building Commissioner. The Vote was as follows: AYE: Richard Boy, Dan Creedon, Jerry Gilmore, Gail Nightingale and Ron Jansson Chairman NAY: None Ordered: Uphold Decision of the Building Commissioner The Board has upheld the decision of the Building Commissioner that the lot has lost its non-conformity through abandonment. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 2 Ron S. Ja hairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this (� — day of d - under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 3 mappars_for labels mappars_�or mappar owner1 owner2 addr city state zip country ' 327156001 MASS BAY TRANSPORTATION CORP 50 HIGH ST BOSTON MA 02110 USA . 327156002MASS BAY%EXECUTIVE OFFICE TRANS 10 PARK PLAZA-RAIL DIVISION BOSTON MA 02116 USA 327166 ELLSWOR ELLSWORTH, JOAN A 257 SOUTH SEA AVE W YARMOUTH MA 02673 USA ,327167 PARENT, EPARENT, JOHN DANIEL TRS 3 LEWIS ST NASHUA NH 03060 USA 327168 ARENSTRIPARK SQUARE TRUST 11 PO BOX 2248 HYANNIS MA 02601 USA 327184 LITTLE, JAMES L 5 LYNXHOLM COURT HYANNIS MA 02601 USA 327187 SHAW, WILLIAM F & DOROTHY E 53 CAMP ST#A HYANNIS MA 02601 USA 327188 HOLBROOHR AND M NOMINEE TRUST 19 MARY DUNN WAY HYANNIS MA 02601 USA 327267 MCBRIDE, SEAN PO BOX 2448 HYANNIS MA 02601 328185 KRAJEWS WEST WIND TRUST 156 MAIN STREET HYANNIS MA 02601 USA 328186 ,MERRICK, JOHN T 61 FALMOUTH RD HYANNIS MA 02601 USA 328187 DILLON, JOSEPH P & PAULA J 100 HITCHCOCK COURT CHESHIRE CT 06410 USA 328189 DANTOS, PHIDIAS G 8 GRASSE RD HANOVER NH 03755 USA 328190 ABRAHAN KAPS REALTY TRUST 300 BARNSTABLE ROAD HYANNIS MA 02601 USA ,328191 CARCHRIECARCHRIE-FELTUS, MAR Y D 85 CAMP ST HYANNIS MA 02601 USA 328192 MOHR, JOAN BART 55 TROUT POND LN CHATHAM MA 02633 USA 328193 SORBLOM, ROY M &CAROL A 17 MIRICK RD PRINCETON MA 01541 USA 328194 GEORGE, ALICE M 17 THACHER SHORE RD YARMOUTHPORT MA 02675 USA 328195 HAZARD, (3ILSON, H %HY BLDG ASSOC 140 YARMOUTH RD HYANNIS MA 02601 USA 328196 CARCHRIE, BURNHAM W PO BOX 1183 HYANNIS MA 02601 USA 328197 CARCHRIEMARY B CARCHRIE PO BOX 1183 HYANNIS MA 02601 USA 328198 BECAL, MI REAL ESTATE VENTURES TRUST 118 PINE ST HYANNIS MA 02601 USA 328228 PICARDE, FRANCIS N 1 RONAELE RD MEDFORD MA 02155 USA 328238 CHRISTMAS CROSSING INC 261 WHITES PATH SO YARMOUTH MA 02664 USA. 328188001 SIEGEL, P CAMP STREET TRUST 65 CAMP ST#D1 HYANNIS MA 02601 USA 328188002SIEGEL, P CAMP STREET TRUST 65 CAMP ST#D1 HYANNIS MA 02601 USA 327165002WOODS HOLE, M V& NAT STMSP P O BOX 284 . WOODS HOLE MA 02543 USA 3 rm t{�• i �R M g t, B 1 y�� r _���,,. �� �� � + J <f� �.5•+--a �.. '9���'� r. xPr�a '+ F, w 4. IF pY, T `., ,, �. ., �y.• e _ I �sd rpf ,y,1't h ..iN r; 1 - Xgi'vyy° 1-4 i' a• +� - r Tr•„�:. � xMo _ t, F � � j�p ti r� ��i � N • ' it kF� ly.'�Nx + �' =9 $ 3^ Yr l } j4 r .. +... F tHE The Town of Barnstable Y 1ARNSTABLE. 9� MASS. � Department of Health Safety and Environmental Services '°lEnMa�°i Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner April 21,2000 Attorney Peter M.Daigle 1550 Falmouth Road, Suite 6 Centerville,MA 02632 Re: 88 Yarmouth Road,Hyannis,MA Dear Attorney Daigle: I regret to inform.you that the house move to 88 Yarmouth Road that you wrote to me about on April 10, 2000 was never a real move. There has never been a foundation built on the site,so it a house stopped there briefly,it was never with the intention to follow through with the move by locating there. This would not be a sufficient enough placement to circumvent the spirit and intent of the three year abandonment rule. Sincerely, Ralph M.Crossen Building Commissioner RMC/km g000421b PETER M. DAIGLE ATTORNEY AT LAW 1550 Falmouth Road, Suite 6 Route 28 Centerville, MA 02632 TELEPHONE: 508-771-7444 FACSIIvME: 508-771-8286 April 10, 2000 ,,. Mr. Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Determination of Buildability of Undersized Lot Locus: Map 328 Parcel 198 88 Yarmouth Road,Hyannis, MA Zoning: PRD Locus deed: 1329/965 Dear Mr. Crossen: As a follow-up to our telephone conversation of last week, I am confirming certain representations made to you as to a prior home located on the above referenced lot within the last three years. Based on these representation, I believe the lot currently is a "non-conforming Lot" exempted from the current minimum lot size provisions of the Barnstable Zoning Ordinance and a building,permit is obtainable. A copy of a permit to"Move Building"dated January 5, 1999 is enclosed for your review. Additional, some correspondence from Bell'Atlantic discussing moving of the telephone lines is enclosed. 'r Thank you for your`attention to this matter. Sin ely; Peter M. Daigle, Esquire PERMIT TO MOVE BUILDING f•• , APPLICATION I! (if applicable) FEE ASSESSORS MAP& PAGE NO.OF CURRENT LOCATION MAP& LOT NO. WHERE MOVED TO THE TOWN MANAGER OF BARNSTABLE The undersigned respectfully requests written permission to move a building over the public ways in the Town of Barnstable under the provisions of General Laws(Ter. Ed.),Chapter 85, Section 18. The building (multiple move, see reverse)`shall be moved: FROM: O O TO: ROUTE: L BUILDING SIZE: Height(loaded) ,2 Length �.5� Width o? Weight (See reverse for additional buildings) � Q DATE OF MOVE: /ZTl'9�_ TIME OF MOVE: TO "5/U #M ALTERN TE DATE(S) �l � �� o�- Z;3 APPLICA14T DATE ADDRESS PHONE OWNER D E ADDRESS PHONE The d partment heads listed below do her e the granting of the ab 04 gy REE WARDEN A ! SUPERINX9340fNT OF D. P. W. DATE y ' A t3PO Z Po CHIEF OF POLICE DATE ."""'COMMONWEALTH CTRIC DATE ENGLAND TE PHONE D AT BUILDING U LDING COMMISSIONER DATE &OLD GS HI HWAY (ifapplicable) DATE CABLEVISION D TE CHIEF OF FIRE DEPARTMENT DATE OWNER OF ROADWAY (private) DATE LICENSING DIVISION (collect fee) An original certificate of insurance shall be provided to the Town Manager's office regarding workmen's compensation, public liability,automobile liability and any other applicable insurance including subcontractors. The name of the insuring agent will also be supplied upon request. The Town shall determine the specific insurance limits through consultation with the Administrative Services Director. On building moves over I8 feet loaded height-where.there are additi.onal time requirements for the raising and lowering of wires(utility company assistance)the applicant shall be responsible for notifying a daily newspaper as well as at least two on- Cape radio/TV stations to properly apprise the public of the impending moving activity(Le date/s of move,hours of move and roads affected). t COMMONWEALTH OF MASS. building moving permit(ifapplicable)has been issued on Permit# TOWN OF building permit(f applicable) has been issued on for the new site on Street/Road,permit# TOWN OF Demolition/Removal Permit(ifapplicable) has been issued on for the existing site oil Street/Road, Permit# SECOND STRUCTURE Dimensions L W H.L WGT Moving date Alternate dates THIRD STRUCi'URI Dimensions L W H.L WGT Moving date Alternate dates FOURTH STRUCTURE Dimensions L W H.L WGT Moving date Alternate date r PERMIT I,the undersigned Town Manager of Barnstable hereby give written permission to to move a building; in the ways specified above upon the terms and conditions as set out in the application and as listed below and upon the vote of the Town ager. Witness my h;uul This day of 19 71 TOWN MANAGER / TERMS OF PERMIT' This permit is issued under the following terms: 1. That the moving of the building be done promptly and in a skillful manner with no unnecessary inconvenience to the traveling public - 2. That proper warning signs and lights be set-up to guard the public safety and such police protection be provided as the Chief of Police may require. M1 3. That the moving be done under the supervision and direction of the Chief of Police and the Superintendent of D. P. W. 4. That this permission be given upon the express condition that the Town shall be held harmless by the applicant against all liability, statutory or otherwise,for personal injury or property damage arising out of the moving of the building. 5. If the move involves more than one structure, an addenda will be attached to the back of this form indicating the dimensions of each structure and the number of units to be moved on a given day, as well as alternate dates necessitated by weather and uncontrollded circumstances(accidents, etc) 6. Notification shall be made to the Town Manager and Department Directors not less than 48 hours prior to moving date or alternate move date. - 2 BELL ATLANTIC 44 Old Townhouse Road South Yarmouth, MA. 02664 •1 O Mr. Robert Lalime Uectmber 17,1998 This memorandum is to confirin'an earlier telepbane conversation regarding your Proposed house move to Hyannis. Massachusetts. The structure is to be moved from the present location on Yarmouth Road along Route 28 to a lot on Rosemary Lanz. The loaded height of the stxuctum is 26 feet per your description yA i have surveyed the route to be taken and have identified approximately 130 hours of Fieldwork,which must be completed prior to movement of the building. The wort:will be accomplished by January 4. 1999. Your move um be scheduled during the week of 4- S January 1999 Please notify Nlr. Hero Montgomery,Lint Supervisor. 308 398.5782, rwo days in advance of your actual move date As I previoualy stated,I was not able to meet our eulier discussed date of December 1 S, 1998, because of service provision cornmitmenta within my geographic areas of responsibility. Should your plans require further contact, 1 can be contacted at 509 399-5731 John S. Shea, Jr. Engineer xiK TC"rrL F►CE.C2 w* i f; : 17 FAX STATE OF MASS",( 't RJSETTS _F'E1;1V7I`1'- 1 '_�t- i_;'V�;�IEN'1' OF NON-QIVISA. LE OVERSIZE & OtJERWE, ,.GHT LOADS A_opl_r_ant : HAYDEN P-LD M' v'tRS ---._ --- - V a.ii ; ,,-; Address J Perrni Number :. 975756 BOX 496 Mun1'C1r,)ci.l -ty St . 7,ip i�'O`1'UIT A'!A G263S Type Of Load: BUTY,bING If mobilz/modular home , der . NA Type of Equipment ; TRUCK Registration of hauling vehicle Registration n Of Equiprrten-- GC 2215 Overa11 Length �s;idth e i ght Gross We.icrht 42Ft . OIn• 26Ft.- . OIn . 24Ft:. . 7n . 7000U Origin : HYA,I,iii1S best- � nati ; , 'W YARVIOUTH Rotates : G8 #Axles : 6 Effective Ua 01/21/99 Vendcr code : ��iP Expixa~ion Date : 01/26/99 , Type Of Pa y _nt : RMV MARLBOROUGH Pee Paid : * * $15 . 00 This permit relates to State Highways Only. This only shall be kept tpermit covers proper?;i register vehicles �t across h the brimovdge p load at: all imes, This Permit does not authorize travel over or across any bridge posted for a. we.l,ght which in 7a.G„ than the we ' F vehicle With 1c).1ci TE ,. -eight o, !--'aid this Permit i , issued fo;_ an overweight lc;ad; i.t .i a not, valid un1 esS all axles, :ncluii, « the steering ax1� (s) haves brakes in good working Condition. No loads shall be moved this Permit during a snow or ice storm, or when there are areas of hard packed sno.: or ice on the surface of the read<vay. Skid chains shall be carrier in the vehicle and shall, be installed wherever I:ecessa;•y. The load sr.all be fil-mly Chained to the truck, trailer o-- semi-trailer. For all overdimensional loads, signs and red warnir. shall be affixed to all exc remities. For. all c-:erdimensional moves made during ho;,,,r, darkness, a flashing amber light shall be in ore.ration ab t : vehicle and vasl,k,i ove r_he highest_ point of the followi e. from the front and rear of ti-ie vehicle. No movements are allowed on following from Day, Thanksgivi.n3 Day. No movements a:-e allowed between noon the day preceaing and noon the day following these rtolida s :Pde� Y�- Day and C:�ristmas • Otherwise, travel is allowed -ar's Da.y, Indeper.dence at 12 :01 A+� Saturda 8 or. State Highways from Monda,. m^rning at to %n;_n on y, . and Sunday morn�ng from 12 :01 hM to noon. *FLAG CARS FRONT A1,TD REAR WITH WIDE LOAD SIGNS AIiD FLASHING ,AMBER LIG:.TS r , *TRAVEL ONLY TUR'SlDAy, WEDNESDAY, ' PJST BE USEr. AND 9: 30 A.M. TO 3 :30 p,N; *TWO STATE POLICr- SHALL ESCORT.THE MOVE. *THE GRANTEE SHALL zNDEMNIFY AND SAVE HARMLESS THE COMMONWEAL-rh AND ITS DEPARTMENT OF PUBLIC WORKS AGAINST Ar,T. ;UITS, CLAIMS- OR'-Li�,BILITY OF' rJERy NAME ADM NATURE T-.P,ISZNG AT API TiiiE OUT OF OR IN CONSEQUENCE OF THE ACTS OF THE GRADTI'EE. IN THE PERFORMANCE OF THE WORK !'OVERE'D BY THIS PERMIT A TD!OR FAILURE TO COMPLY ;VITH THE TERMS AND COiTnITIGraS OP TSEL THxS pERMIT PUBLIC UTILITIE WHETHER ' OR ITS EMPLOYEES OR SUB-CONTRACTORS . DEPAR`IT�Ir'Nt T,'TA.INTENANCE GA Og TI =;, LOCAL POLICE, -FIRE THE MOVE- ALL , E;ES AND :HEIR BRANCHES rUSTTBE, IPROTECED FROM T BE r,1 LTR F AGED 48 HCS PRIER ^" "rfilS PERMIT Cps ONLY THOSE ROUTES OR SECTXOI} OF ROUTES DES?;;,,iATFD t._SFRE POSSIBLE. / HIS PERMIT i '4Y 5R SUSPENDED OR REVOKED $y THE DFPARTM.EVT FOR ,,"VT OFY ITS TERMS UTHORI2En �rr_i.Tr���,,,� .. __ �r — — — -- — — — --s -- ` JJJ A'- �� ,0 ee r� I � 1 a ........ —eV 111-7 7 � ,i V / v` Memorandum TO: Mr. Bob LaLime FROM: Nancy Crossman DATE: December 30, 1998 SUBJECT: House move from 88 Yarmouth Rd This memo is to confirm our verbal conversation that Bell Atlantic will be ready to move your house from 88 Yarmouth Road to Rosemary Lane, West Yarmouth on or alter January 4. We first need confirmation of date and time by the mover to the line manager, Herb Montgomery, at 508-398-5782. Please give at least 24 hour's notice to assure the date is available. Nancy Crossman, Bell Atlantic 508-398-5719 s -►* 'forAL PAGE.02 ** r G� _ �' �( `- � - �- 3 9� r 05-24-2001 @ 03 : 53G � Mmerams$ �r� P nn t ,• • �� Town of Barnstable Zoning Board of Appeals Decision and Notice Real Estate Ventures Trust - Appeal 2001-21 Variance-Section 3-2.1(5) Bulk Regulations, Minimum Lot Size Summary: Granted with Conditions Applicant: Real Estate Ventures Trust and Cape Cod Mortgage Trust, Inc. Property Address: 88 Yarmouth Rd., Hyannis, MA Assessor's Map/Parcel: Map 328, Parcel 198 Zoning: PRD Professional Residential Zoning District Groundwater Overlay: WP-Wellhead Protection District "d Background: The property at issue in this appeal is a .15 acre(6,950 sq.ft.)vacant lot addressed as 88 Yarmouth Road, Hyannis. The lot is located in the PRD-Professional Residential Zoning District which.today requires a minimum lot area of 7,500 sq.ft. This property was previously before the Board in Appeals 2000-81 and 97. In Appeal 2000-81 the Board found to uphold the decision of the Building Commissioner that the lot at issue was not buildable as-of-right. In 2000-97, the Board did not grant a bulk variance to the minimum lot area to allow for the construction of a two-family dwelling. Concerns were expressed by Board members that the two family dwelling on this undersized lot, at this location, would be problematic. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 8, 2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter40A. The hearing was opened February 21, 2001, at which time Vice-Chairman Gail Nightingale stated that there were only four members present to hear the appeal. She cautioned the applicant that with a four member board a unanimous vote is needed to grant the relief being sought. The petitioner elected to proceed with a four member board. The members of the board discussed whether or not this petition was to be considered a repetitive petition and determined to refer the matter to the Town Attorney for an opinion on the matter. No one spoke for or against the petition. The hearing was continued to March 14"', 2001. At the meeting of March 21, 2001, the board was unable to vote on the petition due to the town's nomination as a District of Critical Planning Concern, and the matter was referred to March 21, 2001, for the purpose of voting. The Town Attorney rendered a decision that the petition was not repetitive. Board Members hearing.this appeal were; Dan Creedon, Gail Nightingale, Tom DeRiemer, Dick Boy and - Chairman Ron Jansson. Attorney Stanley Nowak represented the petitioner. He stated that it was the intent of the applicant to build single-family dwelling. The minimum lot area in the PRD district is 7,500 sq. ft. The locus of this appeal contains 6,950 square feet. The Board discussed development of the lot and cited that given the lot size a single-family house would be better suited for this lot. Mr. Jansson stated that he had viewed the site and the lots in the neighborhood were of similar size. The members of the board discussed the structure.and determined that a three bedroom cape-style would be best suited for the location. F-iadings of Fact: At the hearing of March 21, 2001, the Board proposed the following findings of fact as related to Appeal 2001-21: 1. In Appeal 2001-21, the applicant, Real Estate Ventures Trust, is seeking a Variance to Section 3-2.1 (5) Bulk Regulations, Minimum Lot Size, to construct a single family dwelling. 2. The property at issue is addressed as 88 Yarmouth Rd., Hyannis, MA, Assessor's Map 328, Parcel 198. The property is zoned PRD Professional Residential Zoning District and is within the WP- Wellhead Protection Overlay District. 3. The property at issue is a .15 acre(6,950) sq.ft vacant lot. 4. The applicants seek a variance from the minimum lot area to allow for the construction of a 2 story approximately 1,792 sq.ft., 3 bedroom single-family dwelling with an attached garage of 252 sq.ft. 5. The non-buidablity of this lot was initially attributed to abandonment of the use as cited in a July 03, 2000 letter of the Building Commissioner that the Board found to uphold in Appeal 2000-81. However with further information staff has concluded that the lot when created probably was not legally created under zoning for the time. According to information supplied by the applicant during the 2000 hearings, this lot was created in 1953. The lot at that time was deficient in area. 6. On September 13, in Appeal 2000-81 the Board found to uphold the decision of the Building Commissioner that the use had been abandoned and the lot has lost its legal non-conforming status. 7. The proposal would be a substantial detriment to the neighborhood and problematic 8. No unique conditions under Chapter 40A, Section 10, exist. 9. The relief, if granted, would be a substantial detriment to the public good and nullify or substantially ` derogate from the intent or purpose of the Zoning Ordinance. The majority of the board did not concur with these findings. The Vote was as follows AYE: Gail Nightingale, Richard Boy NAY: Tom DeRiemer, Dan Creedon, Ron S. Jansson Discussion on findings Mr. Jansson stated that quite frequently`the board did not find variance conditions, but hardship conditions are often recognized by the board. He further stated that in this instance denial would be a hardship to the petitioner, and that the proposal was not a detriment to the neighborhood, and that the petitioner had come before the board three times. Mr. Creedon stated that he distinctly recalled that the board had encouraged the petitioner to come back to the board with a single family dwelling, and he supported the petitioner's appeal. Additionally, he proposed that a cape style single-family dwelling be submitted to the board with not more than three bedrooms and minus the family room and office. Mrs. Nightingale requested that the plans be submitted to the board before the building permit is ssued. She also stated that the plan be for a one and one/half story cape. 2 Decision: Based on the split vote of the Board on the findings and the majority's concern that the proposal " constitutes a substantial hardship, and the relief sought may be granted with conditions imposed that would not be a detriment to the neighborhood and would be in the spirit and intent of the Zoning Ordinance, a motion was duly made, and seconded to grant the relief being sought in Appeal 2001-21 subject to the following conditions: 1. Development of the lot is limited to a cape style 1.5 story home not to exceed 3 bedroom of approximately 1,700 sq. ft. No family room and no office room are to be designed into the structure. Plans for the home are to be submitted to this Board's Office for its approval prior to the issuance of a Building Permit. 2. Use of the lot is limited to one single-family dwelling and its accessory uses. However, accessory uses shall exclude renting of rooms to not more than 10 persons as provided for in Section 3- 2.1(2)(A) of the PR District. In this case, the renting of rooms shall be limited to no more than 3 persons by the family residing in the dwelling. 3. Only one curb-cut shall be permitted for this lot onto Yarmouth Road The Vote was as follows AYE: Gail Nightingale, Richard Boy, Tom DeRiemer, Dan Creedon, Ron S. Jansson NAY: None Ordered: Appeal 2001-21 is Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Ron S. Jahssc , Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this--, day o perjury under the pains and penalties of v` Linda Hutchenrider, Town Clerk,. 3 � nrk lti.o':h' rhtl �"l,IGil'EJt'7iilA ��� I}S • .�•i`Un m9A t ,' Y rd< T r rci�a u..rr _y♦j'"' {im l, 4j ;iNyR�C1t1{D! p;i+ rant 11 5 ` if �v$ yn k:;�it of 'n� i'i j'�6j��t � `�` c r' Aly+ A •.�F f, f �i x � 5 k v 3' Soh� t� A 4+7 � :.1 fw�.• .,Ti'� bA k' " t i , A. akntq M." L r ��� - i��@ t� �CF � �R 4W �S:�1�•�V Y�r, eddrsssid :r44 y` Ste �r . (9 7p OfU t �, M Mdfo+ramtrwnly� 7hea pub b8 , td I� Id�tantng pistHCt ;. 9tree#, (1 Qa $eo g }. dsJt ' and' € dyvnNalF; BTRtali . kmay es � { mod` ,��bruary2l 2001EpIans ' bivtsti•� lj} /R i Apia) 4 t a nn�apptioatior .. A i '�'�t`,�,f�'�'�' " b���3�tlgg.: . 72 .:is tf FTon 5.JanSSOn;Cfaimnan Tho Bamsteble Patti AalsFebrua e ry and February 8,2001 a Planning Labels '22 Jan-01 RefNo mappar : ownerl owner2 addr � city state zip 21 327 156 001 MASS BAY TRANSPORTATION CORP 50 HIGH ST BOSTON MA 02110 327 156 002 MASS BAY TRANSPORTATION CORP %EXECUTIVE OFFICE TRANS 10 PARK PLAZA - RAIL DIVISION BOSTON MA 02116 327 165 002 WOODS HOLE, M V & NAT STMSP P O BOX 284 WOODS HOLE MA 02543 327 166 ELLSWORTH, PHILIP J & ELLSWORTH, JOAN A 257 SOUTH SEA AVE W YARMOUTH MA 02673 327 167 OSULLIVAN, PETER M 58 YARMOUTH RD HYANNIS MA 02601 327 168 ARENSTRUP, RICHARD D T:.S PARK SQUARE TRUST II PO BOX 2249 HYANNIS MA 02601 327 189 LITTLE, -JAMES L 5 LYNXHOLt9 COURT HYANNIS MA 02601 327 187 SHAW, WILLIAM F & DOROTHY E � 53 CAMP ST #A HYANNIS MA 02601 327 188 HOLBROOK, DENISE E TR LMR PROPERTY MANAGEMENT 1019 IYANOUG RD #6 HYANNIS MA . 02601 327 267 MCBRIDE, SEAN PO BOX 2448 HYANNIS MA 02601 328 '185 KRAJEWSKI, NANCY J TR WEST WIND TRUST, 156 MAIN STREET HYANNIS MA 02601 328 186 MERRICK, JOHN T 61 FALMOUTH RD HYANNIS MA 02601 328 187 DZLLON, JOSEPH P & PAULA J 100 HITCHCOCK COURT CHESHIRE CT O6410 328 188 001 SIEGEL, PAUL TRS CAMP STREET TRUST 65 CAMP ST #D1 HYANNIS MA 02601 328 188 002 SIEGEL, PAUL TRS CAMP STREET TRUST 65 CAMP ST .#D1 HYANNIS MA 02601 328 189 UPTON, GEORGE L 115 IYANNOUGH RD HYANNIS MA 02601 328 190 ABRAHANI, MUHAMMAD S TR KAPS REALTY TRUST 300 BARNST.ABLE ROAD HYANNIS MA 02601 328 192 CARCHMOHR, IOAN BART ROGER J & CARCHRIE-FELTUS, MARY D 85 CAMP ST HYANNIS MA 02601 326 192 MOHR, JOAN BART 55 TROUT POND IN CHATHAM MA 02633 328 193 SORBLOM, ROY M & CAROL A 17 MIRICK RD PRINCETON MA 01541 328 194 GEORGE, ALICE M 17 THACHER SHORE RD YARMOUTHPORT MA 02675 328 195 HAZARD, GERALD W JILSON, H %HY BLDG ASSOC 140 YARMOUTH RD HYANNIS MA 02601 328 196 CARCHRIE, BURNHAM .W 328 197 CARCHRIE, BURNHAM W PO BOX 1183 HYANNIS MA 02601 MARY B CARCHRIE PO BOX 1183 HYANNIS MA 02601 328 198 BECAL, MICHAEL J TR REAL ESTATE VENTURES TRUST 118 PINE ST HYANNIS MA 02601 328 228 PICARDE, FRANCIS N 1 RONAELE RD MEDFORD MA 02155 328 238 CHRISTMAS CROSSING INC 261 WHITES PATH SO YARMOUTH MA 02664 li Count=F 27 1 ��� ' I � I � � � _ � 1 � � ----- � / C OV I � -...._. t���. a._�T . .._. .� . I �1 i1S ii Ai;�'...). HE r s679. Town of Barnstable Zoning Board of Appeals Decision and Notice Real Estate Ventures Trust - Appeal 2001-21 Variance-Section 3-2.1(5) Bulk Regulations, Minimum Lot Size Summary: Granted with Conditions Applicant: Real Estate Ventures Trust and Cape Cod Mortgage Trust, Inc. Property Address: 88 Yarmouth Rd., Hyannis, MA Assessor's Map/Parcel: Map 328, Parcel 198 Zoning: PRD Professional Residential Zoning District Groundwater Overlay:WP-Wellhead Protection District Background: The property at issue in this appeal is a .15 acre(6,950 sq.ft.)vacant lot addressed as 88 Yarmouth Road, Hyannis. The lot is located in the PRD-Professional Residential Zoning District which today requires.a minimum lot area of 7,500 sq.ft. This property was previously before the Board in Appeals 2000-81 and 97. In Appeal 2000-81 the Bobrd found to uphold the decision of the Building Commissioner that the lot at issue was not buildable as-of-right. In 2000-97, the Board did not grant a bulk variance to the minimum lot area to allow for the construction of a two-family dwelling. Concerns were expressed by Board members that the two family dwelling on this undersized lot, at this location,would 'Lie problematic. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 8, 2000.•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 February 21, 2001, at which time Vice-Chairman Gail Nightingale stated that there were only four members present to hear the appeal. She cautioned the applicant that with a four member board a unanimous vote is needed to grant the relief being sought. The petitioner elected to proceed with a four member board. The members of the board discussed whether or not this petition was to be considered a repetitive petition and determined to refer the matter to the Town Attorney for an opinion on the matter. No one spoke for or against the petition. The hearing was continued to March 141', 2001. At the meeting of March 21, 2001, the board was unable to vote on the petition due to the town's nomination as a District of Critical Planning Concern, and the matter was referred to March 21, 2001, for the purpose of voting. The Town Attorney rendered a decision that the petition was not repetitive. Board Members hearing this appeal were; Dan Creedon, Gail Nightingale, Tom DeRiemer, Dick Boy and Chairman Ron Jansson. Attorney Stanley Nowak represented the petitioner. He stated that it was the intent of the applicant to build single-family dwelling. The minimum lot area in the PRD district is 7,500 sq. ft. The locus of this appeal contains 6,950 square feet. The Board discussed development of the lot and cited that given the lot size a single-family house would be better suited for this lot. Mr. Jansson stated that he had viewed the site and the lots in the neighborhood were of similar size. The members of the board discussed the structure and determined that a three bedroom cape-style would be best suited for the location. I Findings of Fact: At the hearing of March 21, 2001, the Board proposed the following findings of fact as related to Appeal 2001-21: 1. In Appeal 2001-21, the applicant, Real Estate Ventures Trust, is seeking a Variance to Section 3-2.1. (5) Bulk Regulations, Minimum Lot Size, to construct a single family dwelling. 2. The property at issue is addressed as 88 Yarmouth Rd., Hyannis, MA, Assessor's Map 328, Parcel 198. The property is zoned PRD Professional Residential Zoning District and is within the WP- Wellhead Protection Overlay District. 3. The property at issue is a .15 acre(6,950) sq.ft vacant lot. 4. The applicants seek a variance from the minimum lot area to allow for the construction of a 2 story approximately 1,792 sq.ft., 3 bedroom single-family dwelling with an attached garage of 252 sq.ft. 5. The non-buidablity of this lot was initially attributed to abandonment of the use as cited in a July 03, 2000 letter of the Building Commissioner that the Board found to uphold in Appeal 2000-81. However with further information staff has concluded that the lot when created probably was not legally created under zoning for the time. According to information supplied by the applicant during the 2000 hearings, this lot was created in 1953. The lot at that time was deficient in area. 6. On September 13, in Appeal 2000-81 the Board found to uphold the decision of the Building Commissioner that the use had been abandoned and the lot has lost its legal non-conforming status. 7. The proposal would be a substantial detriment to the neighborhood and problematic 8. No unique conditions under Chapter 40A, Section 10, exist. 9. The relief, if granted,would be a substantial detriment to the public good and nullify or substantially derogate from the intent or purpose of the Zoning Ordinance. The majority of the board did not concur with these findings. The Vote was as follows AYE: Gail Nightingale, Richard Boy NAY: Tom DeRiemer, Dan Creedon, Ron S. Jansson Discussion on findings Mr. Jansson stated that quite frequently the board did not find variance conditions, but hardship conditions are often recognized by the board. He further stated that in this instance denial would be a hardship to the petitioner, and that the proposal was not a detriment to the neighborhood, and that the petitioner had come before the board three times. Mr. Creedon stated that he distinctly recalled that the board had encouraged the petitioner to come back to the board with a single family dwelling, and he supported the petitioner's appeal. Additionally, he proposed that a cape style single-family dwelling be submitted to the board with not more than three bedrooms and minus the family room and office. Mrs. Nightingale requested that the plans be submitted to the board before the building permit is issued. She also stated that the plan be for a one and one/half story cape. 2 • t Decision: Based on the split vote of the Board on the findings and the majority's concern that the proposal constitutes a substantial hardship, and the relief sought may be granted with conditions imposed that would not be a detriment to the neighborhood and would be in the spirit and intent of the Zoning Ordinance, a motion was duly made, and seconded to grant the relief being sought in Appeal 2001-21 subject to the following conditions: 1. Development of the lot is limited to a cape style 1.5 story home not to exceed 3 bedroom of approximately 1,700 sq. ft. No family room and no office room are to be designed into the structure. Plans for the home are to be submitted to this Board's Office for its approval prior to the issuance of a Building Permit. 2. Use of the lot is limited to one single-family dwelling and its accessory uses. However, accessory uses shall exclude renting of rooms to not more than 10 persons as provided for in Section 3- 2.1(2)(A) of the PR District. In this case, the renting of rooms shall be limited to no more than 3 persons by the family residing in the dwelling. 3.. Only one curb-cut shall be permitted for this lot onto Yarmouth Road The Vote was as follows AYE: Gail Nightingale, Richard Boy, Tom DeRiemer, Dan Creedon, Ron S. Jansson NAY: None Ordered: Appeal 2001-21 is Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Ron S. Jamwd, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts; hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no . appeal of the decision has been filed iin the office of the Town Clerk. Signed and sealed this day o 9 under the pains and penalties of. perjury• c' r Linda Hutchenrider, Town Clerk - 3 ��v . c `'. � .. _ _Vie:. .:3�:��..:- --r):�..�:- `�'¢ _ _ ��- .,wr_a_:x;,,___ r�s-.. '. - _ .. •-. ... �u N m 41L� GIfAOC Q f IM"QL"& � 5}II'Ii1LM W N OD la 19 cn m ao 1 w m cn - w G�ILINO -IHC A D[R - D Z Z 1--1 m 3UDrL0o(t P I Nt PANG I A D I. WILL 43/4'A4' PIMC IADCR CAR I:QARD GSA. 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' I "1 N Jf y 7w.►:Yi 10 - 4, C3 N 6RT �.►' x 2Ai fka I 1 �'�• b tra /e r,.+µ• J ;' '{/A V/1- basf/1ar I 11o' CD 17 I 1 � ' �U� • ' a'M ld bYey- ia.l•°a 1 i i 1 I ' C O.G. •lef LLL� I/b•1 1 I 1 ,V ID i dvvl°e�aF.: ro'�aw, t►I n�j ��ilV,l - - - I f � 'o�•• noi,llh...r I I j1� 1 �• ,nrl�VIAS u+G 'Sip vit>S >u�•'f rn oUNbA�IoN �u•N o x.L[I - o kip D) N o b L Yam....:1y'c r< ' O U- r Town of Barnstable <� , Planning Division - Staff Report �J Traywick Appeal 2002-23 - Modification of Variance 2001-21, Conditions 1, 2 and 3 to allow for a medical office, addition of parking and permit two curb cuts Date: February 26, 2002 To: Zoning Board of Appeals Art T aczyk, Principal Planner Petitioner: Samuel C.Traywick Property Address: 88 Yarmouth Road,Hyannis,MA Assessor's Map/Parcel: Map 328,Parcel 198 Zoning: Professional Residential Zoning District WP-Wellhead Protection Overlay District Filed:December 11,2001(120 day Extension) Hearing:March 06,2002 Decision Due:June 14,2002 Copy of Legal Notice: Samuel C. Traywick has applied for a Modification of Variance 2001-21, Conditions 1, 2 and 3 to allow use of the structure for a medical office,the addition of parking and to permit two curb cuts. The property is shown on Assessor's Map 328,Parcel 198, commonly addressed 88 Yarmouth Road, Hyannis, MA, in a Professional Residential Zoning District. Background & Review: The Board issued Variance 2001-21 on March 21, 2001. That variance was issued to an undersized lot to allow it to be buildable under zoning. The lot is 6,950 sq.ft. when the PRD district requires 7,500 sq.ft. to be buildable. In issuing the variance,the Board imposed conditions to limit the use to single-family only and restricting - . The Board also to 1.5-story, 3-bedroom 1,700 sq.ft. dwelling and an attached 1 car garage budding ry, q limited the number of curb cuts to one. The development of the lot was initiated and the structure approved is almost complete. At the end of 2001, an application was submitted to the Zoning Board of Appeals Office requesting a modification of the variance to permit a medical office and alteration of the site plan to permit additional parking and a second curb-cut. The applicant was before site plan review on February 14, 2002 and continued to February 28, 2002. Apparently the applicant is considering modifying his request and considering using the second floor as a residential unit.' As of this report, site plan approval is still pending. The applicant has also proposed to convert the garage area into the reception area for the office use. The Board will recall the issues involved in this site. The findings issued in the variance were negative findings. The vote on the findings was split. Had that split vote followed forward into the decision,the variance would not have been granted. Discussion resulted from the findings and the Board members voted--to grant the variance with the conditions imposed. (see Decision 2001-21). 1 Note: This information was communicated to staff in a phone conversation received February 25,2002. Planning Division-Staff Report Standing: To establish standing,the applicant has submitted a copy of a Purchase and Sales Agreement between himself and Real Estate Venture Trust,Michael J. Becal,Trustee. The agreement is contingent upon the applicant "obtaining permits for the Town... .to operate subject property as a professional/physician office."' Suggested Conditions: If the Board should find to grant the modification, it may wish to consider the following This variance is issued to permit office use of the first floor area inclusive of the garage area and residential use of the second floor of the existing structures with the following conditions: 1. There shall be no additions in footprint or gross area to the existing structure beyond that what. exist today. 2. Medical use is limited to no more than one office suite to be occupied by no more than two professional doctors and one receptionist/nurse assistant. 3. The garage may be used as part of the medical offices. 4. Parking for the residential use shall be dedicated and assigned. 5. Residential use is limited to one apartment. That apartment use shall not include lodging of any type. Residents in the apartment shall be limited to no more than three persons. 6. Signage shall conform to Section 4-3.6 of the Zoning Ordinance-Signs in Professional Residential Districts: 7. Only one curb-cut shall be permitted for this lot onto Yarmouth Road Copies: Petitioner/Applicant Attachments: 2 Note: Source—Addendum to Offer on 88 Yarmouth Road,Hyannis,MA 2 I ' BARNUPABli, - AfAlL TOWN OF BARNSTABLE Zoning Board of Appeals DE C 1 1'U. Application for a Variance Date Received For office use oniv: Town Clerk's Office: Appeal# 024t Hearing Date Decision Due The undersigned hereby applies to the Zoning Board of Appeals for a Variance, in the manner and for the reasons set forth below: Applicant Name: Samuel C. Traywick , Phone: 508-775-3174 Applicant Address: p_O_ Box* 2160 West Hyannisport, MA 02672 Property Location: 88 Yarmouth Road, Hyannis, MA 02601 Property Owner: Real Estate Ventures Trust . Phone: 508-367-5826 Address of Owner: . 34 Circuit Ave. , Hyannis, MA 02601 If applicant differs from owner, state nature of interest:l Applicant has property under contract, see Purchase & Sales Agreement attach Assessor's Map/Parcel Number: 3 2 8-1 9 8 Zoning District: PRD Number of Years Owned: 1 Groundwater Overlay District: WP Variance Requested.: Modification of existing variance Appeal 2001 -21 Cite Section& Title of the Zoning Ordinance Description of Activity/Reason for Request: Modification of above variance as follows: Condition 1 : Allow for use as medical office as per submitted plans; Condition 2: Use of the lot to allow for medical offices , Condition 3: Allow for two curb cuts and parking Attach additional sheet if necessary as per submitted plan. Does the property have any existing Variance or Special Permit issued to it? Yes Permit No.: Appeal 2001 -21 If the applicant differs from owner, the applicant will be required to submit one original notarized letter, copy of a proposed purchase&sales agreement or lease, or other documents with the application to prove standing and interest in the parcel or structure. Application for a Variance-PagL Existing Level of Development of the Property- Number of Buildings: One Present Use(s): Single family (under constructiorpross Floor Area: 1 572 sq. ft. Proposed Gross Floor Area to be Added: sq. ft., Altered: 264 sq. ft. Description of Construction Activity (if applicable): _ 1 1 /2 story Cape style structure with attached garage of 264 sg. feet. Garage to be converted to reception area for medical office. Attach additional sheet and plans if necessary Site Plan Review(required to be completed prior to applying to the Zoning Board of Appeals): Site Plan Review Number Date Approved [ ] - Not Required -Single or Two Family use Is the property located in a designated Historic District?.................................................... Yes ( ] NO" if yes [ j - Old King's Highway Regional Historic District Date Approved (if applicable) [ ] - Hyannis Main Street Waterfront Historic District Date Approved (if applicable) Is the building a designated Historic Landmark?............................................I...................... Yes ( ] Nof)j Have you applied for a building permit?.............................S.ingle,,,family,..residenk � No [ ] Have you been refused a building permit? .......................................................................... Yes[ ] NokA The following information must be submitted with the application at the time of filing. Failure to do so may result in a denial of your request. • Three (3) copies of the completed application form, each with original signatures. • Three (3) copies of a certified property survey (plot plan) and one (1) reduced copy (8 1/2"x 11"or 11" x 17")showing the dimensions of the land, all wetlands,water bodies, surrounding roadways and the location of the existing improvements on the land. Three (3) copies of a proposed site improvement plan and one (1) reduced copy (8 1/2" x 11" or 11' x 17"), drawn by a certified professional and found approvable by the Site Plan Review Committee (if applicable). This plan must show the exact location of all proposed improvements and alterations on the land and to structures. See"Contents of Site Plan", Section 4-7.5 of the Zoning Ordinance, for detailed requirements. • The applicant may submit any additional supporting documents to assist the Board in making its determination. Signature: Date: Applicant's or Repro ntative's Signature Representative's P.O. Box 216 Phoneb08-775-3174 Address: West Hyanni snort' MA 0?672 Fax No.:508-771 -5336 #614 I %% 1 MAP 328 160 / `328 #116 140 /. f. I O MAP 328 to _ ® 0° 7 5 74 ES 47 LJ P32B 4 CAP32 AP 32 V47 2 0 — --. ,sl � ��- / MAP 328 >' 192 / l� 77 - I #� _ r l MAP 328 - M 328 Q 19 -' I P 328 '1 I ! r a� P 8 `` 1 9 0 1 _ _.. —r MAP "1,# P 328 328 1 7 y 1 I I MhP32 P 318 2 28 1 7 11.186 0 30 24 8 #36 1 @ 8 75 -- 1I P326 �. 8_ 328 P328 0 1 I 1/ Fi MAP 327 2 7 MA 327 M 187 327-- 53. �^ rl/ 88. - --- MAP 327 1 I MAP 327 l i 7) 9 �j T 16 27 321 ! P327 � ' I#75 i T 13 MAP 327 r /�/ ;%/ i I ❑- 27 -;168 ®k;, MAP 1 32 - #so 183 ` p; —� ---- t, 1 1 1 _ - - 1 j{ l� ---- -MAF327 _. 169 4# --- `, MAP 327 - O 133 ® P 327 `� 1180 _ __ MAP 31 MAP19, 34 � P 321ru 165-1 01 I !. 1 0': A1AP 327 i 32 I 171 I. ', II MAP 317 It G. N -MAP .328 , PARCEL 198 SCALE: 1"=150 W Am-.E With 300' Buffer S *NOTE: Planimetrics,topography,and **NOTE: The parcel lines are only graphic representations DATA SOURCES: Planimetrics(man-made features)were interpreted from 1995 aerial photographs by The James vegetation were mapped to meet National of property boundaries. They are not hue locations,and W.Sewall Company. Topography and vegetation were interpreted from 1989 aerial photographs by GEOD Map Accuracy Standards at a scale of do not represent actual relationships to physical objects Corporation. Planimetrics,topography,and vegetation were mapped to meet National Map Accuracy Standards 1"=100'. on the map. at a scale of 1"=100'. Parcel lines were digitized from 2001 Town of Barnstable Assessors tax maps. m YARMOUTH ROAD C�•BRK' R=303.23' L=91.58' LU HOUSE 88 co UJ cn �� MAP 328 PCL.198 z I I 6,970 SF. co T w, m �, 32.00' Cl.tl- 2 _ PR, AMtt x co N 1R0N p1P1 1 DECK o 1 Fp. .►�' 22.5 l tA �Ro�p 0 ZONING DISTRICT PRD 1 PLOT PLAN OF LAND LOCATED IN HYAN N IS,MASS.PREPARED FOR MICHAEL BECAL DATE:DEC.27,2000 SCALE: 1 "=20' CAPE & ISLANDS ENGINEERING YARWHRD MASH PEE,MASS. I 'roperty Location: 88 YARMOUTH ROAD MAP ID: 328/198/// lision ID 27949 Other ID: B OWNER Idg# 1 Card 1 of 1 Print Date• 12 TOPO C/TILITIES S RT/ItOAI) LQCATIQN . .., RREITASSESSIY�ENT . BECAL,MICHAEL J TR Description Code Appraised Value Assessed Value REAL ESTATE VENTURES TRUST OM LAND 3900 40,900 40,900 801 118 PINE ST Barnstable 2001,MA HYANNIS,MA 02601 SUt'PIEMENTAL DATA Additional Owners: ccount# 245719 Plan Ref. Tax Dist. 400 Land Ct# er.Prop. #SR Life Estate VISION DL 1 Notes: DL 2 GIS ID: Tatall 40,900 40,900 PR:1? IOIISA SESS EN�'S H1'S :OR ., BECAL,MIC HAEL J TR - 12689/242 11/29/1999 Q V 43,600 00 Yr. Code Assessed Value Yr. Code I Assessed value Yr. Code Assessed Value CAPE COD MORTGAGE TRUST INC 11493/075 06/11/1998 U V 1 IA 2000 1300 16,800 1999 1300 16,860 1998 1300 16,800 BOGGESS,MARY B 8142/037 08/15/1992 U I 25,000 L FERRO,RONALD C TRS 5414/220 11/15/1986 Q I 79,900 BRITO,STEVEN M 5414/219 11/15/1986 U I 11 A BRITO,MANUEL J 1329/965 Q 0 Total 16,8( Total: 16,800 Total: 16,800 EXE PTIONS OT SSESSM TS This g nture acknowledges a visit a Data Collector orAssessor EIR A EN..r sin etl es by Year T e/Descri tion Amount Code 'Description Number Amount Comm.Int. APPRAISED`TYttLUESUtYf1{ R ' Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 Appraised OB(L)Value(Bldg) 0 Total Appraised, .....: ., , ppra�se a ue(B 40,900 Special LdVal e *LAND ADJUST.FOR REISDENTIAL..... Total Appraised Card Value 40,900 Total Appraised Parcel Value 40,900 *FIRE-HOUSE OF Valuation Method: Cost/Market Valuation NO VALUE 1/93... et Total Appraised Parcel Value 40,900 &UILD7IVG,PERMIT RCO�I) ... z <. ..:: .<.. ,. s ,::;.. „ .,,. ,-. P'S1T/CHANGE=.FIISTO.BF.::�, Permit ID Issue Date Typ e Description Amount Insp.Date %Comp. Date Comp. Comments Date ID Cd. Purpose/Result B37485 3/1/1995 D 0 1/15/1996 100 HY DEMOSF 4nu.. .. r , _.. D1;lET�f1LTlATIIjN. B# Use Code Description Zone D Frontage Frontagel Depth I Units I Unit Price I.Factor S.I. I C.Factor Nbad. Ad'. Notes-AdYS ecial Pricing Ad'. Unit Price Land Value x.,.. 1 3900 EVEL LAND PRD 4 0.15 AC 387,000.00 0.80 A 1.00 P015 0.83 PCL(.15,U10)Notes:10 1BLD 272,799.80 40,900 Total Card Land Units 0.15 AC Parcel Total Land Area: 0.15 AC Tota[ La Land Vala 40,900 roperty Location: 88 YARMOUTH ROAD MAP ID: 328/198/ ision ID:27949 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 01/22/200212 CONST3tU,CTIQNDETAIl r .:; . 1'ifETCH Element Cd. Ch. Description Commercial Data Elements tyle/Type R9 acant Land Element Cd. Ch. Description 4odel DO Vacant Heat&AC Trade Frame Type Baths/Plumbing tories )ccupancy eiling/Wall oms/Prins ?xterior Wall 1 /o Common Wall 2 Wall Height :oof Structure :oof Cover CONDO/tY,fOB,TZE,X�t•OtI��D.�T.fl r, nterior Wall 1 Element Code Pescription Factor 2 nterior Floor 1 Complex Ad 2Floor Adj Unit Location leating Fuel umber of Units leating Type umber of Levels 1C Type /o Ownership ledrooms lathrooms GOSTM�RRET T�,9GTT.�TXD1V 'otal Roomsnadj.Base Rate 1.00 Size Adj.Factor 0.00000 lath Type Grade(Q)Index 0.00 .itchen Style Adj.Base Rate 0.00 Bldg.Value New 0 Year Built 0 ff.Year Built 0 rml Physcl Dep 0 uncnlObslnc 0 MIXED.USE con Obslnc 0 Spec].Cond.Code 3900 DEVEL LAND 100 Specl Cond% Overall%Cond. 0 eprec.Bldg Value ° O$;UiITBUILrDI1VG& lr�#RI?I7'.�lVl (L`)�:X,F`BOYLDIIV�BXTIt.4�'L�'Ax' 3'{B)_. Code Description LIB Units Unit Price Yr. Dp Rt %Cnd I Apr. value � . B.CIILDG SUBAREA SVMARYSE ;,TION ' Code Description I Living Area Gross Area E .Area I Unit Cost Unde rec. Value 7/ 0 r Gross Lv/tense Area 0 0 Q al: AIM► I,III q1 ►Zo_N.T .. -;L.7 1.o+4 I;LlctH SID.�.�L �/EAT10N I,I ;, - I' Ll ANKLE[MR l 6 rl' -�_— _�/ - \•-\ -JIB ,'`. RtA EST, RE5 7-Ru5 _ .i � �w qt�,_p ..�ww.enr oeewuwevJT II' .. J=1-f DESIGN {-I-YANNIS� MQ ��I I o..wiva uuu.0 I;l L if : x 10 Wt} m Q. i YR Do .I asi b w+ y 3 qL N c i f J �� ! !f � - � _1 A a4 � •, a ^e,yl (yI L j . s` T • = C i 1 re ss•r V PURCHASE AND SALE AGREEMENT 1. Parties and Addresses Real Estate Ventures Trust,Michael J. Becal,Trustee, 34 Circuit Avenue, Hyannis, MA 02601 hereinafter called the.SELLER, agrees to SELL AND Samuel C. Traywick, P.O. Box 216, West Hyannisport,MA 02672 hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth,the following described premises: 2. Description Land and building(s) located at 88 Yarmouth Road,Hyannis, MA,more accurately described in the Barnstable County Registry Deeds in Book 12689,Page 42. 3. Buildings, Structures, Improvements Fixtures Included in the sale as a part of said premises are the buildings, structures, and improvements now thereon, and the fixtures belonging to the SELLER and used in connection therewith SELLER shall at the closing deliver to BUYER all existing keys to the premises, automatic door openers and all security codes. 4. Title Deed Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or the nominee designated by the BUYER by written notice to the at least seven business days before the deed is to be delivered as herein provided, and said deed shall convey a good and clear record and marketable title thereto, free from encumbrances, except (a) Provisions of existing building and zoning laws: (b) Existing rights and obligations in party walls which are not the subject of written agreement; (c) Such taxes for the then current year as are not due and payable on the date of the delivery of such deed; (d) Any liens for municipal betterments assessed after the date of this agreement; (e) Easements, restrictions and reservations of record, if any, so long as same do not prohibit or materially interfere with the current use of said premises; (fl None. 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 Title - In addition to the foregoing, if the title to said premises is registered, said deed shall be in form sufficient to entitle the BUYER to a Certificate of Title 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. 7. Purchase Price The agreed purchase price for said premises is Two Hundred Ten Thousand 00/100 ($210,000.00)'Dollars,.ofwhich $ 2,000.00 has been paid as a deposit to Seller not to be held in escrow and to be used by Seller for construction specifically requested by the Buyer and shall be nonrefundable in the event the variance as described below is not granted. 18,000.00 on or before November 19, 2001 and 190,000.00 are to be paid at the time of delivery of the deed in cash, or by certified, cashier's, treasurer's or bank check. $ 210,000.00 TOTAL . 8. Time for Performance: Delivery of Deed Such deed is to be delivered at 2:00 o'clock PM on the 17th day of January, 2002, or within 30 days after having met the contingency as outlined in Paragraph 46 herein, whichever occurs later. Closing shall take place at the Barnstable County Registry of Deeds, unless otherwise agreed upon in writing. It is agreed that time is of the essence of this agreement. 9. Possession and Condition of Premises Full possession of said premises free from all tenants and occupants, except as herein provided, is to be delivered at the time of the delivery of the deed, said premises to be then(a) in the same condition as they are now, reasonable use and wear thereof excepted, (b) not in violation of said building and zoning laws, and(c) in compliance with provisions of any instrument referred to in clause 4 hereof. The 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. 11. Extension to Perfect Title or,Make Premises Conform If the SELLER shall be unable to give title or to make conveyance, or to deliver possessillh of the premises, all as herein stipulated, or if at the time of delivery of the deed.the premises do not conform with the provisions hereof, the SELLER shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the premises conform to the provisions hefedt, 8 the,case may be, and thereupog the time for performance hereof shall be eki ndcd,,for a period of thjqX clams. 'flip SELLER shall not be obligated to expend more:-$1500.00, excl�s�y� q f�4e aptual cost to discharge liens of record, if any. I the case may be, all as herein agreed, or if at any time during the period of this ' agreement of any extension thereof the holder of a mortgage on said premises shall refuse the insurance proceeds, if any, to be used for such purposes,then any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be.void and without recourse to the parties hereto. 12. Buver's Election to Accept Title The BUYER shall have the election, at either the original or at any extended time for performance, to accept such title as the SELLER can deliver to the Said premises in their then condition and to pay therefor the purchase price without deduction, in which case the SELLER shall convey such title, except that in the event of such conveyance in accord with the provisions of this clause, if the said premises shall have been damaged by fire or casualty insured against,then the SELLER shall, unless the SELLER has previously restored the premises to their former condition, either; (a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any partial restoration, or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds (c) or a part thereof to be used to restore the said premises to their former condition or to.be so paid over or assigned, give to the BUYER a credit against the purchase price, on delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. 13. Acceptance of Deed The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a 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. 14. Use of Money to Clear Title To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, provided that all instruments so procured are recorded simultaneously with the delivery of said deed, or at such later time as shall be reasonable acceptable to BUYER, and provided further, with respect to discharges of mortgages from insurance companies, banks and credit unions, such discharges may be recorded within a reasonable time after the recording of the deed. 15. Insurance Until the delivery of the deed, the SELLER shall maintain insurance on said premises as follows: Type of Insurance Amount of Coverage Fire and Extended Coverage As presently insured 16. Adjustments Water charges, for the then current fiscal year, shall be apportioned and fuel value shall be adjusted, as of the day of performance of this agreement and the net amount thereof shall be added to or deducted from, as the case may be,the purchase price payable by the BUYER at the time of delivery of the deed 17. Adjustment of Unassessed and Abated Taxes If the amount of said taxes is not know at the time of the delivery of the deed, they shall be apportioned on the basis of the taxes assessed for the preceding fiscal year, with a reapportionment_as soon as the new tax rate and valuation can be ascertained; and, if the taxes which are supposed to be apportioned shall therefore be reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the parties, provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 18. Broker(s) Fee The Broker's fee for professional services of $20,000.00 is due from SELLER to Craigville Realty, P.O. Box 216, W. Hyannisport, MA 02672,the Broker(s)herein, if an when title has passed, and SELLER has received the full Purchase Price hereunder, and not otherwise. 19. Broker(s) Warranty The Broker, Craigville Realty, warrants that it is duly licensed as such by the Commonwealth of Massachusetts. 20. Deposit All deposits made hereunder shall be held in an escrow account, bearing interest at customary bank rates, by Peter M.Daigle Esq, as escrow agent subject to the terms of this agreement and shall be duly accounted for at the time for performance of this agreement. In the event of any disagreement between the parties, the escrow agent may retain all deposits made under this agreement pending instructions mutually given by the SELLER and the BUYER, or as otherwise ordered by a Court of competent jurisdiction. So long as Escrow Agent served in good faith, BUYER and SELLER each agree to hold harmless Escrow Agent from damages, losses, or expenses, arising out of this Agreement or any action or failure to act, including reasonable attorney's fees, related hereto. Interest shall follow the deposit. The Escrow Agent shall not be obligated to deposit the deposits,in an interest-bearing account until receipt from both parties of an IRS Form W-8 or W-9 setting forth their respective taxpayer identification numbers. Interest on the deposits shall be reported for income tax purposes. I 21. Buyer's Default:Damages If the BUYER shall fail to fulfill the BUYER'S agreements herein, all deposits made hereunder by the BUYER shall be retained by the SELLER as liquidated damages, and this shall be SELLER'S sole and exclusive remedy in law and in equity. 22. Release by Husband or Wife If applicable, the SELLER'S spouse hereby agrees to join in said deed and to release and convey all statutory and other rights and interests in said premises. 23. Broker as Partv The Broker(s)named herein join(s) in this agreement and become(s)a party hereto, insofar as any Provision of this agreement expressly apply to the Broker(s), and to any amendments or modifications of such provisions to which the Broker(s) agree(s) in writing. 24. Liabilityof Trustee Shareholder,older. Beneficiary If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied, hereunder. 25. Warranties and Representations The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has he relied upon any warranties or representations. not set forth or incorporated in this agreement or previously made in writing, except for the following additional warranties and representations, if any, made by either the SELLER or the Broker(s):None. 26. Mortgage Contingency Clause This agreement is subject to the BUYER obtaining a purchase money mortgage of no greater than 80% of the purchase price at conventional rates and terms. 27. Construction of Agreement This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and ensures to the benefit of the parties hereto and their respective heirs, devises, 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 are used only as a matter of 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 Law N/A 29. Smoke Detectors N/A 30. Additional Provisions The executed riders, if any, attached hereto,are incorporated herein by reference. 31. Prior Agreements This Agreement superseded any and all prior agreements between the parties. 32. Notice Notices required to be delivered hereunder shall either be delivered in hand or shall be mailed by certified or registered mail or by express delivery, return receipt requested, postage prepaid, to the following persons, until either party hereto notifies the other of a change of address in like manner: If to BUYER If to SELLER Michael I Becal Sam Traywick 34 Circuit Ave. P.O. Box 216 Hyannis, MA 02601 W. Hyannisport,MA 02672 Notice given by facimile machine, or any other form of electronic communication, shall not be sufficient to give any required notice to the other party to this agreement 33. Title and Practice Standard Any Title or practice matter which is the subject of a Title or practice standard of the Massachusetts Conveyances' Association at the time of delivery of the deed shall be governed by said Title or practice standard to the extent applicable. 34. Brokers SELLER and BUYER represent.and warrant to each other that they have not dealt with any other Broker other that the Broker(s)named herein in connection with this Purchase and Sale Agreement. Nor does either party know o-f-any other broker who has claimed or may have the right to claim a commission with respect to this Purchase and Sale Agreement. 35. Access The BUYER and his/her agents shall have a right of access to the premises prior to the time specified for delivery of the SELLER'S deed for the purpose of showing the premises to prospective mortgage lenders and/or contractors. Said right of access shall be exercised only in the presence of SELLER or SELLER'S agent's and only after reasonable notice to the SELLER and only at reasonable times convenient to the SELLER 36. Condition of Premises The SELLER agrees to deliver the premises at the time of delivery of the SELLER'S deed in broom clean condition,removing all of the SELLER'S possessions and other property therefrom which is not being sold to the BUYER, or left for BUYER'S benefit, as consented to by the:BUYER 37. Knowledge SELLER has no knowledge of any underground fuel storage tanks under the dwelling or on the premises. 38. Title Notwithstanding anything contained herein to the contrary, the premises shall not be considered to be in compliance with the provisions of this Agreement with respect to title unless: (a) all structures and improvements, including, but not limited to any driveway(s), garage(s), and any cesspool(s) or leaching fields and all means of access to the premises shall be wholly within the boundary lines of the premises and shall not encroach upon or under any property not within such boundary lines; (b) the premises shall abut a duly laid out and accepted public way, or the premises shall abut a private way over which private way the BUYER shall have a right of access in common with others legally entitled thereto; (c) no building, structure, improvement, property, right of way or easement of any kind belong to any other person or entity encroaches upon or under the premises from other premises, exclusive of utility easements which do not interfere with the principal use of the property; (d) title to the premise is insurable, for the benefit of the BUYER by a title insurance company, in a fee owner's policy of title insurance at normal premium rates; in the American Land Title . Association form currently in use. 39. Title Insurance SELLER agrees at the closing to execute a statement under oath to any title insurance company issuing a policy to BUYER and/or BUYER'S mortgagee and/or the BUYER individually to the effect that; (1) there are no tenants, lessees or parties in possession of the premises, (2)SELLER has no knowledge of any work having been done to the premises which would entitle anyone now or hereafter to claim a mechanics' or materialmens' lien on the premises; and the SELLER agrees to indemnify and hold harmless the title insurance company for any loss, costs,or damages sustained as a result of issuing a policy without exceptions covered by such representations; (3)that SELLER is not a foreign person subject to withholding provisions of the Internal Revenue Code of 1986, as amended (FIRPTA); and(4)that there is no urea formaldehyde foam insulation in the dwelling; SELLER agrees to comply with UFFI law Massachusetts General Laws, Chapter 255, Section 121 and the Department of Public Health Regulations in effect at the time of the closing with regard to UFFI. SELLER hereby makes such representations to the BUYER as of the closing and this paragraph shall survive the deliver of the SELLER'S deed. 40. "Foreign Persons" The SELLER hereby warrants and represents that; (a)neither she/he nor any of his/her beneficial interest holders in a"foreign person"as defined by Internal Revenue Code ("IRC')section 1445; (b)SELLER'S United States Taxpayer identification number is: 291-12-0974; (c)SELLER will execute, at closing, an affidavit or certificate in compliance with IRC section 1445(b)(2) and the applicable regulations thereunder and in compliance with the requirements of the BUYER'S title insurer,the provisions of this paragraph to survive the delivery of the SELLER'S deed hereunder. SELLER also agrees to execute,at closing, any documents necessary or appropriate in order for the appropriate form 1099-S to be prepared. 41. Urea Formaldehyde Foam Insulation(`UFFI") N/A 42. Documents Required by Mortgagee At the closing, SELLER shall execute and deliver a FNMA Affidavit, IRS informational forms and other documents reasonably required by BUYER'S mortgagee's counsel, provided that these documents are true and correct. 43. Extension In the event that any extension pursuant to Paragraph 10 of this agreement will cause the BUYER to lose its commitment or incur a higher interest rate on the mortgage, then the BUYER shall have the right to refuse to allow the extension, at which time any payments made under this Agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. The BUYER shall give notice in writing as provided in this Agreement. 44. Inspection The BUYER may, at his own expense,have the premises inspected by the- consultants of his own choosing within two (2) weeks of the execution of this agreement. If it is the opinion of the inspector that there are serious structural or other defects,then the BUYER shall have the option to terminate this Agreement by written notice to the SELLER and/or the BROKER, as agent for the SELLER,prior to the expiration of said time, accompanied by a copy of the inspector's report, whereupon all deposits made under this Agreement shall be forthwith refunded and this Agreement shall be null and void without recourse to the parties hereto. The BUYER shall provide the SELLER with a true and complete copy of any inspection report relied upon. 45. Septic System Inspection N/A 46. Additional Provisions This agreement is contingent upon obtaining a special permit from the Barnstable Zoning Board of Appeals for an adult entertainment use. BUYER shall submit application on or before September 1,2001. See addendum to Offer to Purchase attached herewith as Exhibit 1. REAL ESTATE VENTURES TRUST BY: el I Becal, Trustee SELLER Samuel C. Tra ick UYER ADDENDUM TO OFFER ON 88 YARMOUTH ROAD, HYANNIS, MA PERMITTING Sale is contingent upon Buyer obtaining permits from the Town of Barnstable to operate subject property as a professional/physician office. BUILDING SPECIFICATIONS SELLER agrees to do the following: 1 . Replace downstairs French doorway with wall. 2 . Move kitchen to second floor right. 3 . Make downstairs bath handicap and to code 4 . Move doorway on second floor right bedroom 5 . Install door off kitchen to landing with stairs to ground level deck. 6 . Convert garage to reception area with shelving and counter. 7. Install handicap ramp to reception area. S. Make all doorways handicap accessible 9 . Provide parking area to code (gravel) 10 . Close in present kitchen and install door 11 . Provide satisfactory landscaping .BUYER, S ICSAER,X., MICHAEL J. BECAL, TR �S� V,v.`t- 7r_ A V E R L CO. i y� Town of Barnstable Planning Division - Staff Report Real Estate Ventures Trust - Appeal 2001-21 Variance - Section 3-2.1(5) Bulk Regulations,Minimum Lot Size Date: February 15,2001 To: Zoning Board of Appeals Approved By: Jackie Etsten,Principal Planner Drafted By Art Traczyk,Principal Planner Applicant: Real Estate Ventures Trust and Cape Cod Mortgage Trust,Inc. Property Address: 88 Yarmouth Rd.,Hyannis,MA Assessor's Map/Parcel: Map 328,Parcel 198 Zoning: PRD Professional Residential Zoning.District. Groundwater Overlay: WP-Wellhead Protection District Filed:December 08,2000 -Hearing:February 21,2001 Background: Board members may recall that this property was previously before the Board in Appeals 2000-81 and 97. In Appeal 2000-81 the Board found to uphold the decision of the Building Commissioner that the lot at issue was not buildable as-of-right. In 2000-97, the Board did not grant a bulk variance to the minimum lot area to allow for the construction of a two-family,dwelling. Concerns were expressed by Board members that the two family development of this undersized lot at this location would be problematic. The property at issue in this appeal is a 0.15 acre (6,734 sq.ft.)vacant lot addressed as 88 Yarmouth Road, Hyannis. The lot is located in the Professional Residential Zoning District which today requires a minimum lot area of 7,500 sq.ft. The applicants seek a variance from the minimum lot area to allow for the construction of a 2 story 1,792 sq.ft.,. 3 bedroom single-family dwelling with an attached garage of 252 sq.ft. Fotaff Review: he non-buidablity of this lot was initially attributed to abandonment of the use as cited in a July 03,2000 letter f the Building Commissioner that the Board found to uphold in Appeal 2000-81. However with further information staff has concluded that the lot when created probably was not legally created.under zoning for the time. According to information supplied by the applicant during the 2000 hearings, this lot was created in 1953. The lot at that The 1953 zoning bylaw for Hyannis stated that:, "No building except one story buildin s of accessoi use, shall be erected on a lot less than seventy-five f e� t wide and containing less that venty-five hundredsquare feet,provided that one,one-family dwelling and its accessory boil '': may e erected in any lot hich on March 6, 1951 was separately owned or on a lot shown on a plan ... recorded.... before March 6, 1951." This lot being less than 7,500 sq.ft. and owned by an abutter lot had the ability to exist as an"accessory use lot" and could be developed with the one story cottage, that existed prior to 1995. However, to transfer that lot off separately as a legal developable lot under zoning would not have be-enin accordance with the 1953 zoning_of the area. r - Planning Division-Staff Report Staff has seen this lot over the course of time and it has become somewhat of a dumping ground. Directly across Yarmouth Road,is the Steamship Authority's off-site parking lot. The condition of this vacant lot is not the image the town desires to impart to its visitors and residents. Variance Findings: In consideration for the Variance,the applicant must substantiate those conditions unique to this lot that justify the granting of the relief being sought. In granting of the Variance the Board must find that: • unique conditions exist that affect.the locus but not the zoning district in which it is located, • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner,and • the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Suggested Conditions: If the Board should find to grant a permit,it may wish to consider the following conditions: 1. Development and use of the lot is limited to one single-family dwelling and its accessory uses. Accessory uses in this case shall exclude renting of rooms to not more than 10 persons as provided for in Section 3- 2.1(2)(A) of the PR District. In this case, the renting of rooms shall be limited to no more than 3 persons by the family residing in the dwelling. II 2. The dwelling is to be built in conformance with plans presented entitled"Custom Home-Real Estate Ventures Trust", dated December 10,2000 and drawn by J.H. Design. The location of the structure shall be as shown on a proposed plan entitled"Plot Plan of Land in Hyannis,Mass prepared for Michael Becal", dated December 27,2000, scaled 1"=20', drawn by Cape&Islands Engineering,Mashpee Mass. 3. Only one curb-cut shall be permitted for'this lot onto Yarmouth Road. Copies: Petitioner/Applicant Attachments: 2 i i r E31C 1 E BF 1 Pl.028 127221 12 a 4 its QUITCLAIM DEED 1,Jeffrey Chabot,aka Jeffrey A.Chabot,Trustee of Raleigh Realty Trust d/d/t dated September 18,1995,retarded in Barnstable County Registry of Deeds,Book 9845 Page 303,being of Brockton,Plymouth County, Massachusetts For nominal consideration of one hundred and xxl100 ($100.00)dollars grant to Jeffrey A.Chabot and Debbie L.Chabot,as tenants by the entirety being of 146 Errol Street,Brockton,MA 02302 with quitclaim covenants,all my right,title and interest in and to that certain parcel of land with the buildings thereon more fully described in Exhibil"A"attached hereto. Address of Locus: 69 Spring Street,Hyannis, MA 02601 WITNESS my hand and seal this 29 th day February,2000 ' t�l� � cJll.� J Chabot,aka Jeffrey A.Chabot, Trustee COMMONWEALTH OF MASSACHUSETTS Norfolk, Ss February 29,2000 Personally appeared the above-named Jeffrey Chabot,aka Jeffrey A.Chabot, Trustee of Raleigh Realty Trust and acknowledged the foregoing to be his free act and deed,and the free act and deed of Raleigh Realty Trust,before me. � Stanley N.Free man 9otary Public My cornmissi n explres: June 7,2002 E d8T :90 20 62 .aeW BK 12861 P0290 12736 a EXHIBIT"A" (69A Spring Street,Hyannis,MA) A parcel of land with any buildings thereon,known as 69A Spring Street,located in Barnstable(Hyannis),Barnstable County,MA,more particularly bounded and described as follows. EASTERLY by Spring Street,so called,there measuring thirty-four(34)feet, more or less; SOUTHERLY by Lot 8,Block B,as shown on said plan hereinafter mentioned, and land now or formerly of Stasinakis at ux,there measuring ninety-four and 60l100(94,60)feet,more or less; WESTERLY by land now or formerly of Frank B.Hallett,there measuring thirty-four(34)feet,more or less;and NORTHERLY by land now or formerly of Terpos et ux,there measuring ninety- three and 751100(93.75)fact,more or less. Shown as Part of Lot 9,Block B on a plan entitled"PLAN OF LOTS BELONGING TO R.B.BODMAN AND E.S.BRADFORD",recorded with Barnstable County Registry of Deeds in Plan Book 37,Page 77, For Grantor's title,see quitclaim deed recorded in Barnstable County Registry of Deeds, Book 9854,Page 310. f d5T�B1,E REGISTRY OF DEEDS EA-rRUE ABLE COUNTY C RY OF DEEDS COPY,ATTEST r=ADE.REGISTER d 4ei =90 20 62 Jew 03.-02--2000 2 02 a 1 i l QUITCLAIM DEED I,Jeffrey Chabot,aka Jeffrey A.Chabot,Trustee of Raleigh Realty Trust dldlt dated September 18,1995,recorded in Barnstable County Registry of Deeds,Book 9845 Page 303,being of Brockton,Plymouth County, Massachusetts For nominal consideration of one hundred and xx/100 ($100.00)dollars grant to Jeffrey A.Chabot and Debbie L.Chabot as tenants by the entirety being of 146 Errol Street,Brockton,MA 02302 with quitclaim covenants,all my right,title and interest in and to that certain parcel of land with the buildings thereon more fully described in Exhibit"A"attached hereto. Address of Locus: 69A Spring Street,Hyannis,MA 02641 WITNESS tiny hand and sea;this 29,i"day of February,2000 Je sabot,aka Jeffcy A.Chabot,Trustee COMMONWEALTH OF MASSACHUSETTS Norfolk,Ss February 29,2000 Personally appeared the above-named Jeffrey Chabot,aka Jeffrey A.Chabot, Trustee of Raleigh Realty Trust and acknowledged the foregoing to be his free act and deed,and the free act and deed of Raleigh Realty rust,bete a me: ianley N.F adman Notary Public My commission expires: June 7,2002 T J81 :90 20 6Z Jew Property Location: SPRING STREET HY MAP ID: 328/225/// Vision ID: 27974 Other ID: Bldg#: 1 Card 1 of I Print Date:03/29/2002 15:47 MULLIN,LISA A TR Description Code Appraised Value Assessed Value RALEIGH RLTY TRUST ES LAND 1010 11,900 11,900 801 433 WEST ELM ST REAR ESIDNTL 1010 20,000 20,000 BROCKTON,MA 02403 Barnstable 2000,NT MA A 7 R'3 2,W , A ilk kccount# 245979 Plan Ref. rax Dist. 400 Land Ct# Per.Prop. #SR Life Estate #DL I LOT 9 Notes: VISION #DL 2 GIS ID: Total 31,9001 —31—,-9010 10 i G,-,E SALED - L P-- VC;:P-' t, S- A SS;E MULLIN,LISA A TR 9854/310 09/15/1995 U 1 60,000 N Yr. Code I Assessed Value Yr. Code I Assessed Value Yr. Code I Assessed Value MCAVOY,ELEANOR CRT&M-792 9854/300 fi U I A 1999 1010 11,9001998 1010 11,900 MCAVOY,JOSEPH F&ELEANOR M 2595/ 99 7 Q 0 1999 1010 20,000 1998 1010 20,000 Total: 31, 20,600 EOTHER This signature acknowledges a visit by a Data Collector or Assessor Year TypelDescription Amount Code I Description Number Amount Comm.Int. Az Appraised Bldg.Value(Card) 20,000 Appraised XF(B)Value(Bldg) 0 Total. Appraised OB(L)Value(Bldg) 0 Appraised Land Value(Bldg) 11,900 Scial Land Value 11; "'NO E "MA '91: ik:I pe S, Total Appraised Card Value 31,900 Total Appraised Parcel Value 31,900 Valuation Method: Cost/Market Valuation Net Total Appraised Parcel Value 31,900 T T 7 A S, 7u, L ORY t %: V XC "Al Permit ID Issue Date Type Description Amount Insp.Date %Comp. Date Comp. Comments Date ID Cd. I Purpose/Result ........... B#I Use Code Description Zone D Frontaze I Depth Units Unit Price I.Factor S.I. C.Factor Nbhd Adj. Notes-A ecial Pricing Adj. Unit Price Land Value 1 1010 Single Fam RB 4 0.07 AC 485,000.00 1.00 5 1.00 64AC 0.35 SPCL(.07,UI0)Notes:10 1BLD 169,750.00 11,900 Total Card Land Units 0.07 AC Parcel Total Land Area: 0.07 AC Total Land Valu 11,900 Property Location: SPRING STREET HY MAP ID: 328/225/// Vision ID:27974 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 03/29/2002 15 P D,ETAXL,,, � ;�� „�< �_,, , �,,,,� �c.;, ;,;;,•� � ;:SKETCK ,;� � '� '�, :r:, ;� � .: Element Cd. Ch. Description Commercial Data Elements Style/Type 01 Ranch Element Cd. Ch. Description Model 01 Residential Heat&AC Grade D D Frame Type UBM[214] Baths/Plumbing Stories 1 1 Story Occupancy 0Ceiling/Wall ooms/Prtns Exterior Wall 1 14 Wood Shingle /o Common Wall 2 Wall Height Roof Structure 3 Gablefflip BAS 8 Roof Cover 3 sph/F GIs/Cmp CONVOf�IQD Eo E DA7 4 Interior Wall 1 8 Typical 2 Element ode Description Factor 7 7 Interior Floor 1 20 rypical Complex 2 Floor Adj Unit Location Heating Fuel 03 Gas eating Type 09 Typical umber-of Units C Type 01 None umber of Levels 18 1 /o Ownership Bedrooms 1 1 Bedroom Bathrooms 1 1 Bathroom .... ;;. .CQS7%MARXET,)�', 10 1 Full nadj.Base Rate 48.00 Total Rooms Rooms Size Adj.Factor 1.91034 10 12 Bath Type Grade(Q)Index 0.73 FOP Kitchen Style 3 dj.Base Rate 66.94 Bldg.Value New 31,730 Year Built 1970 ff.Year Built 1960 rml Physcl Dep 37 uncnlObslnc 0 con Obslnc 0 Specl.Cond.Code 1010 Single Fam 100 Specl Cond Overall%Cond. 63 eprec.Bldg Value �n nnn ��oB�ovTBurznrN YA�D, XTEt�s(.c1 rx�BzrxL�ic��r� A FE��zr:�s�B _"�.. �..: - Code Description LIB Units Unit Price Yr. Dp Rt %Cnd Apr. Value Code Descri tion Livin Area Gross Area E .Area Unit Cost Unde rec. Value BAS First Floor 428 428 428 66.94 28,650 FOP Porch,Open,Finished 0 15 3 13.39 201 UBM Basement,Unfinished 0 214 43 13.45 2,878 Til. Gross Liv/Lease Area 428 657 474 Bide Val. 31,730 Property Location: 69 SPRING STREET HY MAP ID: 328/224/// Vision ID: 27973 Other ID: Bldg#: 1 Card 1 of 1 Print Date:03/29/2002 15:47 ULLIN,LISA A TR Description Code Appraised Value Assessed Value LEIGH RLTY TRUST RESLAND 1010 19,900 19,900 33 WEST ELM ST REAR ESIDNTL 1010 67,400 67,400 801 ROCKTON,MA 02403 _ Barnstable 2000,MA 5T1 'PEMENTAbATfl, ccount# 245960 Plan Ref. Tax Dist. 400 Land Ct# er.Prop. #SR Life Estate VISION DL 1 LOT 8 Notes: DL 2 GIS ID: Totall 87,300 87,300 L/. G 54 :SEDATE /u, v/i S..LB>PRLCL L'C PREtfIOISASSSSM T ,�I .,ORY Q�.QWNERS�tP_ ... �a,....�.. BK V�(1,_.PA,:.� ,.�w- �.� �I ..._,, ,f. . ,.�.. � ,,,: .._.�,, �,.,....� �,�,_� .,�< ,� _..,.. ..,:.�'. � __.,...�"....._. �,�,__ ���> 3 „• �� �, LLIN,LISA A TR 9854/310 — 09/15/1995 U I 60,000 N Yr. Codel Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value CAVOY,ELEANOR CRT&M-792 9854/300 U 1 A 1999 1010 19,900 998 1010 19,900 CAVOY,JOSEPH F&ELEANOR M 2595/ 99 Q 0 1999 1010 67,400 1998 1010 67,400 Total: 87,300, Total: 87,300, Total:1 75,400 XENPIIONS;=, :,,; €� .. ,- �, '' OTH,E:,,RASSSMN •.,y„ This signature acknowledges a visit by a Data Collector or Assessor Year TypelDescription Amount Code Description Number Amount Comm.Int. AP-MAISED T/AL�UE SUMMARY � ; Appraised Bldg.Value(Card) 64,900 Appraised XF(B)Value(Bldg) 2,500 Total: Appraised OB(L)Value(Bldg) 0 Appraised 9 Value(Bldg) 1 0 90 �. �, �. : ..... : .. Special Land Value Total Appraised Card Value 87,300 Total Appraised Parcel Value 87,300 Valuation Method: Cost/Market Valuation et Total Appraised Parcel Value 87,300 „3...r i :3 _ 'Y:. 3i• :.'<_�.-[ .3 3-.sr,>_ :# BUILDING ERMI�T RECORD .:.5 ,:, ;,�W:- �, � VISIT/CIIANGEHISTORI_', ,� �.-�,r. 3,_. .... ..........a_.._ ,.a....x._,,,,......._��,£..._. , ,. ,.,.. ...3�..I..._ ..... Permit ID Issue Date Type Description Amount Insp.Date %Comp. Date Comp. Comments Date ID::" D Cd. Pur ose/Result B#I Use Code I Description Zone D ifrontage I Depth Units Unit Price I.Factor S.I. C.Factor Nbad. Ad No \tes-Ad%S ecial Pricin Ad. Unit Price Land Value 1 1010 Single Fam RB 4 0.13 AC 438,000.00 1.00 5 1.00 64AC 0.35 PCL(.13,U10)Notes:10 1BLD 153,300.00 19,900 Total Card Land Units 0.13 AC Parcel Total Land Area: 0.13 ACj Total Land Valu 19.900 Property Location: 69 SPRING STREET HY MAP ID: 328/224/// Vision ID:27973 Other ID: Bldg 1 Card I of 1 Print Date: 03/29/2002 15 NO awe 0, Element Cd. Ch. Description Commercial Data Elements Style/Type 64 Cape Cod Element Cd. Ch. Description Model 01 Residential Heat&AC Grade 0C C Frame Type WDK 18 Baths/Plumbing Stories 1.5 1 1/2 Stories Occupancy 00 Ceiling/Wall 8 8 Rooms/Prtns Exterior Wall 1 14 Wood Shingle %Common Wall 18 2 all Height FHS 10 34 24 oof Structure 03 Gable/Hip AS Roof Cover 03 Asph/F GIs/Cmp UBM Interior Wall 1 08 Typical Element Code Description Factor 7 Interior Floor 2 1 20 Typical Complex BAS 8 2 Floor Adj Unit Location Heating Fuel 3 as 10 1 4 24 eating Type )9 Typical Number of Units AC Type )i one Number of Levels %Ownership 8 17 Bedrooms )2 2 Bedrooms Bathrooms 1 1 Bathroom 0 1 Full Unadj.Base Rate 48.00 Total Rooms 5 Rooms Size Adj.Factor 1.08374 15 34 19 ath Type Grade(Q)Index 0.97 FOP Kitchen Style 6 31 dj.Base Rate 50.46 Bldg.Value New 83,158 Year Built 1940 Eff.Year Built 1975 Nrml Physcl Dep 22 FuncnI Obslnc: 0 Econ Obslnc 0 Code Deurrintion Percentage Specl.Cond.Code 1010 Single Fam 100 Specl Cond% Overall%Cond. 78 Deprec.Bldg Value 4A 0M '4 Lq Code Description LIB Units Unit Price Yr. Dp Rt %Cnd Apr. Value FPL2 Firepl-1/2 Sty B 1 3,200.00 1975 1 100 2,500 Code Description Livi.ngArea Gross Area Eff Area Unit Cost Undeprec. Value BAS First Floor 896 896 896 50.46 45,212 FHS Half Story,Finished 571 816 571 35.31 28,813 FOP Porch,Open,Finished 0 18 4 11.21 202 UBM Basement,Unfinished 0 816 163 10.08 8,225 WDK Wood Deck 0 144 14 4.91 706 T ti. Gross JwLease Area 1,467 21690 --F,6_48 Bldg Val: 83,158 Town c-f Barnstable Assessors Division Page 1 of 3 / h�Sk'3p5q m3&S`kGY cat r Your Location : Home : Town Departments : Administrative Services : Assessors Division Property Results <<Back -Forward» Friday, March 29, 2002 Assessors Division- Property Results Data is based on.Fiscal Year 2002 Assessor's database and is provided for informat purposes only. 69 SPRING STREET Map/ Parcel/Parcel Extension: Mailing Address: 328/224/ CHABOT, JEFFREY A& DEBBIE L Owner of Record: CHABOT, JEFFREY A& DEBBIE L 146 ERROL ST Property Location: BROCKTON, MA 02302 69 SPRING STREET Parcel ID:328224 Map Fiscal Year 2002 Assessed Values Appraised Value Assessed Value Building Value: $66,500 $66,500 Extra Features: $2,300 $2,300 Outbuildings: $ 8,100 $ 8,100 Land Value: $27,600 $27,600 Totals: $ 104,500 $ 104,500 Sales History Owner: Sale Date: Book/Page: Sale Price: MULLIN, LISAA TR 9/15/1995 9854/310 $60,000 MCAVOY, JOSEPH F &ELEANOR M 2595/99 $ 0 .MCAVOY, ELEANOR CRT&M-792 9854/300 $ 1 CHABOT, JEFFREY A & DEBBIE L 3/2/2000 12861/028 $ 100 Land and Building Description Land Building Lot Size (Acres): 0.13 Year Built: 1940 Appraised Value:$27,600 Living Area: 1304 Assessed Value: $27,600 Replacement Cost: $ 88,727 Depreciation: 25 Building Value: $66,500 http://www.town.barnstable.ma.us/comeonin/Departments/Administrative_Services/Finance... 3/29/2002 I Town of Barnstable Assessors Division Page 2 of 3 Construction Details Style: Cape Cod Interior Walls: Drywall Model: Residential Interior Floors: Carpet Grade: Average Grade Heat Fuel: Gas Stories: 1 Story F A Heat Type: Hot Air Exterior Walls Wood Shingle AC Type: None Roof Structure: Gable/Hip Bedrooms: 2 Bedrooms Roof Cover: Asph/F GIs/Cmp Bathrooms: 1 Bathroom Total Rooms: 5 Rooms Outbuildings& Extra Features Code pP Description UnitsiSQ FT Appraised Value Assessed Value P FPL2 Fireplace 1 $2,300 $2,300 FGR2 Garage-Avg 360 $8,100 $ 8,100 Building Sketch 11 a �Er Nil G Map:; Sketch Legend BAS First Floor, Living Area FST Utility Area (Finished Interior) UAT Attic Area (Unfinished) BMT Basement Area (Unfinished) FTS Third Story Living Area (Finished) UHS Half Story (Unfinished) CAN Canopy FUS Second Story Living Area (Finished) UST Utility Area (Unfinished) FAT Attic Area (Finished) GAR Garage UTQ Three Quarters Story (Uni FCP. Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story (Unfi FHS Half Story (Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story (Finished) http://www.town.barnstable.ma.us/comeonin/Departments/Administrative_Services/Financ,... 3/29/2002 i Tom of Barnstable Assessors Division Pagel of 3 H ' ��, xp � Yi,O { o Your Location : Home : Town Departments : Administrative Services : Assessors Division : Property Results <<Back -Forward» Friday, March 29, 2002 Assessors Division- Property Results Data is based on Fiscal Year 2002 Assessor's database and is provided for informat purposes only. 69 SPRING STREET Map/Parcel/Parcel Extension: Mailing Address: 328/225/ CHABOT, JEFFREY A& DEBBIE L Owner of Record: CHABOT, JEFFREY A& DEBBIE L 146 ERROL ST Property Location: BROCKTON, MA 02302 69 SPRING STREET Parcel ICE:328225 Fiscal Year 2002 Assessed Values Appraised Value Assessed Value Building Value: $ 31,500 $ 31,500 . Extra Features: $ 0 $ 0 Outbuildings: $ 0 $ 0 Land Value: $26,800 $26,800 Totals: $ 58,300 $ 58,300 Sales History Owner: Sale Date: Book/Page: Sale Price: CHABOT, JEFFREY A& DEBBIE L 3/2/2000 12861/289 $ 100 MULLIN, LISA A TR 9/15/1995 9854/310 $60,000 MCAVOY, JOSEPH F &ELEANOR M 2595/99 $ 0 MCAVOY, ELEANOR CRT&M-792 9854/300 $ 1 Land and Building Description Land Building Lot Size (Acres): 0.07 Year Built: 1970 Appraised Value:$26,800 Living Area: 396 Assessed Value: $26,800 Replacement Cost: $ 39,333 Depreciation: 20 Building Value: $ 31,500 http://www.town.bamstable.ma.us/comeonin/Departments/Administrative_Services/Finance... 3/29/2002 u-.Tc�wn of Barnstable Assessors Division Page 2 of 3 Construction Details Style: Ranch Interior Walls: Drywall Model: Residential Interior Floors: Carpet Grade: Below Average Heat Fuel: Gas Stories: 1 Story Heat Type: Hot Air Exterior Walls Wood Shingle AC Type: None Roof Structure: Gable/Hip Bedrooms: 1 Bedroom t Roof Cover: Asph/F GIs/Cmp Bathrooms: 1 Bathroom °. Total Rooms: 3 Rooms 9 ' Outbuildings& Extra Features ' Code Description Units/SQ FT Appraised Value Assessed Value No records returned. BuildipkSketch Map:; Sketch Legend BAS First Floor, Living Area FST Utility Area (Finished Interior) UAT Attic Area (Unfinished) BMT Basement Area (Unfinished) FTS Third Story Living Area (Finished) UHS Half Story (Unfinished) CAN Canopy FUS Second Story Living Area (Finished). UST Utility Area (Unfinished) FAT Attic Area (Finished) GAR Garage UTQ Three Quarters Story (Uni FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story (Unfi FHS Half Story (Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story (Finished) http://www.town.barnstable.ma.us/comeonin/Departments/Administrative_Services/Finance... 3/29/2002 (tip CO , . P/An Y�Q N �1 V' 1 �GNQ P► a c1 PAM \J .I,. T Town of Barnstable Zoning Board of Appeals Decision and Notice Real Estate Ventures Trust - Appeal 2001-21 Variance -Section 3-2.1(5) Bulk Regulations, Minimum Lot Size Summary: Granted with Conditions Applicant: Real Estate Ventures Trust and Cape Cod Mortgage Trust, Inc. Property Address: 88 Yarmouth Rd., Hyannis, MA Assessor's Map/Parcel: Map 328, Parcel 198 Zoning: PRD Professional Residential Zoning District Groundwater Overlay: WP-Wellhead Protection District Background: The property at issue in this appeal is a .15 acre (6,950 sq.ft.) vacant lot addressed as 88 Yarmouth Road, Hyannis. The lot is located in the PRD- Professional Residential Zoning District which today requires a minimum lot area of 7,500 sq.ft. This property was previously before the Board in Appeals 2000-81 and 97. In Appeal 2000-81 the Board found to uphold the decision of the Building Commissioner that the lot at issue was not buildable as-of-right. In 2000-97, the Board did not grant a bulk variance to the minimum lot area to allow for the construction of a two-family dwelling. Concerns were expressed by Board members that the two family dwelling on this undersized lot, at this location, would be problematic. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 8, 2000. 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 February 21, 2001, at which time Vice-Chairman Gail Nightingale stated that there were only four members present to hear the appeal. She cautioned the applicant that with a four member board a unanimous vote is needed to grant the relief being sought. The petitioner elected to proceed with a four member board. The members of the board discussed whether or not this petition was to be considered a repetitive petition and determined to refer the matter to the Town Attorney for an opinion on the matter. No one spoke for or against the petition. The hearing was continued to March 141", 2001. At the meeting of March 21, 2001, the board was unable to vote on the petition due to the town's nomination as a District of Critical Planning Concern, and the matter was referred to March 21, 2001, for the purpose of voting. The Town Attorney rendered a decision that the petition was not repetitive. Board Members hearing this appeal were; Dan Creedon, Gail Nightingale, Tom DeRiemer, Dick Boy and Chairman Ron Jansson. Attorney Stanley Nowak represented the petitioner. He stated that it was the intent of the applicant to build single-family dwelling. The minimum lot area in the PRD district is 7,500 sq. ft. The locus of this appeal contains 6,950 square feet. The Board discussed development of the lot and cited that given the lot size a single-family house would be better suited for this lot. Mr. Jansson stated that he had viewed the site and the lots in the neighborhood were of similar size. The members of the board discussed the structure and determined that a three bedroom cape-style would be best suited for the location. Findings of Fact: At the hearing of March 21, 2001, the Board proposed the following findings of fact as related to Appeal 2001-21: 1. In Appeal 2001-21, the applicant, Real Estate Ventures Trust, is seeking a Variance to Section 3-2.1 (5) Bulk Regulations, Minimum Lot Size, to construct a single family dwelling. 2. The property at issue is addressed as 88 Yarmouth Rd., Hyannis, MA, Assessor's Map 328, Parcel 198. The property is zoned PRD Professional Residential Zoning District and is within the WP - Wellhead Protection Overlay District. 3. The property at issue is a .15 acre (6,950) sq.ft vacant lot. 4. The applicants seek a variance from the minimum lot area to allow for the construction of a 2 story approximately 1,792 sq.ft., 3 bedroom single-family dwelling with an attached garage of 252 sq.ft. 5. The non-buidablity of this lot was initially attributed to abandonment of the use as cited in a July 03, 2000 letter of the Building Commissioner that the Board found to uphold in Appeal 2000-81. However with further information staff has concluded that the lot when created probably was not legally created under zoning for the time. According to information supplied by the applicant during the 2000 hearings, this lot was created in 1953. The lot at that time was deficient in area. 6. On September 13, in Appeal 2000-81 the Board found to uphold the decision of the Building Commissioner that the use had been abandoned and the lot has lost its legal non-conforming status. 7. The proposal would be a substantial detriment to the neighborhood and problematic 8. No unique conditions under Chapter 40A, Section 10, exist. 9. The relief, if granted, would be a substantial detriment to the public good and nullify or substantially derogate from the intent or purpose of the Zoning Ordinance. The majority of the board did not concur with these findings. The Vote was as follows AYE: Gail Nightingale, Richard Boy NAY: Tom DeRiemer, Dan Creedon, Ron S. Jansson Discussion on findings Mr. Jansson stated that quite frequently the board did not find variance conditions, but hardship conditions are often recognized by the board. He further stated that in this instance denial would be a hardship to the petitioner, and that the proposal was not a detriment to the neighborhood, and that the petitioner had come before the board three times. Mr. Creedon stated that he distinctly recalled that the board had encouraged the petitioner to come back to the board with a single family dwelling, and he supported the petitioner's appeal. Additionally, he proposed that a cape style single-family dwelling be submitted to the board with not more than three bedrooms and minus the family room and office. Mrs. Nightingale requested that the plans be submitted to the board before the building permit is issued. She also stated that the plan be for a one and one/half story cape. Decision: Based on the split vote of the Board on the findings and the majority's concern that the proposal constitutes a substantial hardship, and the relief sought may be granted with conditions imposed that would not be a detriment to the neighborhood and would be in the spirit and intent of the Zoning Ordinance, a motion was duly made, and seconded to grant the relief being sought in Appeal 2001-21 subject to the following conditions: 1. Development of the lot is limited to a cape style 1.5 story home not to exceed 3 bedroom,of approximately 1,700 sq. ft. No family room and no office room are to be designed into the structure. 2 r Plans for the home are to be submitted to this Board's Office for its approval prior to the issuance of a Building Permit. 2. Use of the lot is limited to one single-family dwelling and its accessory uses. However, accessory uses shall exclude renting of rooms to not more than 10 persons as provided for in Section 3-2.1(2)(A) of the PR District. In this case, the renting of rooms shall be limited to no more than 3 persons by the family residing in the dwelling. 3. Only one curb-cut shall be permitted for this lot onto Yarmouth Road The Vote was as follows AYE: Gail Nightingale, Richard Boy, Tom DeRiemer, Dan Creedon, Ron S. Jansson NAY: None Ordered: Appeal 2001-21 is Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Ron S. Jansson, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 3 IY/ � BALNMSTABIE, L€..,o —'14 Town of Barnstable Zoning Board of Appeals Decision and Notice Real Estate Ventures Trust - Appeal 2001-21 Variance-Section 3-2.1(5) Bulk Regulations, Minimum Lot Size Summary: Granted with Conditions Applicant: Real Estate Ventures Trust and Cape Cod Mortgage Trust, Inc. Property Address: 88 Yarmouth Rd., Hyannis, MA Assessor's Map/Parcel: Map 328, Parcel 198 Zoning: PRD Professional Residential Zoning District Groundwater Overlay: WP-Wellhead Protection District Background: The property at issue in this appeal is a .15 acre(6,950 sq.ft.)vacant lot addressed as 88 Yarmouth Road, Hyannis. The lot is located in the PRD-Professional Residential Zoning District which today requires a minimum lot area of 7,500 sq.ft. This property was previously before the Board in Appeals 2000-81 and 97. In Appeal 2000-81 the Board found to uphold the decision of the Building Commissioner • that the lot at issue was not buildable as-of-right. In 2000-97, the Board did not grant a bulk variance to the minimum lot area to allow for the construction of a two-family dwelling. Concerns were expressed by Board members that the two family dwelling on this undersized lot, at this location, would be problematic. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 8, 2000. 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 February 21, 2001, at which time Vice-Chairman Gail Nightingale stated that there were only four members present to hear the appeal. She cautioned the applicant that with a four member board a unanimous vote is.needed to grant the relief being sought. The petitioner elected to proceed with a four member board. The members of the board discussed whether or not this petition was to be considered a repetitive petition and determined to refer the matter to the Town Attorney for an opinion on the matter. No one spoke for or against the petition. The hearing was continued to March 1411, 2001. At the meeting of March 21, 2001, the board was unable to vote on the petition due,to the town's nomination as a District of Critical Planning Concern, and the matter was referred to March 21, 2001, for the purpose of voting. The Town Attorney rendered a decision that the petition was not repetitive. Board Members hearing this appeal were; Dan Creedon, Gail Nightingale, Tom DeRiemer, Dick Boy and Chairman Ron Jansson. Attorney Stanley Nowak represented the petitioner. He stated that it was the intent of the applicant to build single-family dwelling. -The minimum lot area in the PRD district is 7,500 sq. ft. The locus of this appeal contains 6,950 square feet. The Board discussed development of the lot and cited that given the lot size a single-family house would be better suited for this lot. Mr. Jansson stated that he had viewed the site and the lots in the neighborhood were of similar size. The members of the board discussed the structure and determined that a three bedroom cape-style would be best suited for the location. Findings of Fact: • At the hearing of March 21, 2001, the Board proposed the following findings of fact as related to Appeal 2001-21: 1. In Appeal 2001-21, the applicant, Real Estate Ventures Trust, is seeking.a Variance to Section 3-2.1 (5) Bulk Regulations, Minimum Lot Size, to construct a single family dwelling. 2. The property at issue is addressed as 88 Yarmouth Rd., Hyannis, MA, Assessor's Map 328, Parcel 198. The property is zoned PRD Professional Residential Zoning District and is within the WP- Wellhead Protection Overlay District. 3. The property at issue is.a .15 acre(6,950) sq.ft vacant lot. 4. The applicants seek a variance from the minimum lot area to allow for the construction of a 2 story approximately 1,792 sq.ft., 3 bedroom single-family dwelling with an attached garage of252 sq.ft. 5. The non-buidablity of this lot was initially attributed to abandonment of the use as cited in a July 03, 2000 letter of the Building Commissioner that the Board found to uphold in Appeal 2000-81. However with further information staff has concluded that the lot when created probably was not legally created under zoning for the time. According to information supplied by the applicant during the 2000 hearings, this lot was created in 1953. The lot at that time was deficient in area. 6. On September 13, in Appeal 2000-81 the Board found to uphold the decision of the Building Commissioner that the use had been abandoned and the lot has lost its legal non-conforming status. 7. The proposal would be a substantial detriment to the neighborhood and problematic • 8. No unique conditions under Chapter 40A, Section 10, exist. 9. The relief, if granted, would be a substantial'detriment to the public good and nullify or substantially derogate from the intent or purpose of the Zoning Ordinance. The majority of the board did not concur with these findings. The Vote was as follows AYE: Gail Nightingale, Richard Boy NAY: Tom DeRiemer, Dan Creedon, Ron S. Jansson Discussion on findings Mr. Jansson stated that quite frequently the board did not find variance conditions, but hardship conditions are often recognized by the board. He further stated that in this instance denial would be a hardship to the petitioner, and that the proposal was not a detriment to the neighborhood, and that the petitioner had come before the board three times. Mr. Creedon stated that he distinctly recalled that the board had encouraged the petitioner to come back to the board with a single family dwelling, and he supported the petitioner's appeal. Additionally, he proposed that a cape style single-family dwelling be submitted to the board with not more than three bedrooms and minus the family room and office. Mrs. Nightingale requested that the plans be submitted to the board before the building permit is issued. She also stated that the plan be for a one and one/half story cape. A 2 -rE Decision: Based on the split vote of the Board on the findings and the majority's concern that the proposal • constitutes a substantial hardship, and the relief sought may be granted with conditions imposed that would not be a detriment to the neighborhood and would be in the spirit and intent of the Zoning Ordinance, a motion was duly Made, and seconded to grant the relief being sought in Appeal 2001-21 subject to the following conditions: 1. Development of the lot is limited to a cape style 1.5 story home not to exceed 3 bedroom of approximately 1,700 sq. ft. No family room and no office room are to be designed into the structure. Plans for the home are to be submitted to this Board's Office for its approval prior to the issuance of a Building Permit. 2. Use of the lot is limited to one single-family dwelling and its accessory uses. However, accessory uses shall exclude renting of rooms to not more than 10 persons as provided for in Section 3- 2.1(2)(A) of the PR District. In this case, the renting of rooms shall be limited to no more than 3 persons by the family residing in the dwelling. 3. Only one curb-cut shall be permitted for this..lot onto Yarmouth Road The Vote was as follows AYE: Gail Nightingale, Richard Boy, Tom DeRiemer, Dan Creedon, Ron S.Jansson NAY: None Ordered: Appeal 2001-21 is Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the-date of the filing of this decision. A copy of which must be filed in the office of the • Town Clerk. Ron S. Ja�swd, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts;'hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decisions and that_no appeal of the decision has been file -in the office of the Town Clerk: Signed and sealed this day o under the pains and penalkies of. . perjury. c- Linda H utchen rider,-Town Clerk n, 3 3-,>0-zoau .2 VI , � i \ $ LA R 0 D 1 L F1f < }8'!%�jriHov92j 'ate, d - r. �_. •� - - �• �`� :�3 �. �. � ' � �� _ =�. _ _. '� _ --� -_ .,�.--' _.._ �r�. I li'lt -�.f?li li L���V�.. _ j ,1 ' � ! ` .. �. �; ll.s-� Y ». L e F i�r � � t L- .y ........_ ...._... .. _.._ _.. l �� i � . ., � _ j �+i ��,�n-r �., � Y�� � ....���1 `��� �."� �.ma+" �:F.fit r m"-� �. � i' � 1 �. �_._ _� .r ..� �.�-- s � I'r r• g�f +'� ",yam, � ��`_A .._ .___ � r Y. _ � l —- Z� � � �,I 1 f ���I `.-� _` _ ... I _ � 0 �, � � � I q �. � ��\ �r S� � � � ��� �� � � o N � 1 �` `� i I �-' �`�! ��_. �� � JS �, ��,�!� fi� , l " I i ,.. �+ `� '� � �. `T i Town of Barnstable Regulatory Services Thomas F.Geiler,Director Building Division ' a'` ASS.M Tom Perry,Building Commissioner nsa< 039. ,0� 200 Main Street, Hyannis,MA 02601 rF0 MA'S A Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violations) and Order to Cease, Desist and Abate: Casey Upton Trust and the 88 Yarmouth Road Trust and all persons having notice of this order. As r--- - - owner/occupant of the premises/structure located at 88 Yarmouth'Road,Hyannis,Map 328 Parcel 198, you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordiriances and are ORDERED this date,December 4,2003 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinance Section 2-6.1(3) 2. COMMENCE within seven(7)days,action to abate this violation. SUMMARY OF ACTION TO ABATE: Remove trailer from the premises And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced, further action as the law requires will be taken. By or , David Mattos Local Inspector /FO Q RMS/viozonel i acCS { =y' -,"Parcel Details Page 1 of 3 Back Home Government Departments Data below is based on Fiscal Year 2004 Assessor's database.. Details for Map 328 Marcel 198 Property Location Acreage 88 YARMOUTH ROAD 0.15 CHYAONrNINS, wne of Record PTN, CASEY TR THE 88 YARMOUTH RD TRUST 15 IYANOUGH RD I MA 02601 Appraised Value Assessed Value Buildings $ 131,700 $ 131,700 Extra Building Features $ 1,400 $ 1,400 Outbuildings $800 $800 Land $73,900 $73,900 Total $ 07,800 $ 07,800 Construction Detail Style Cape Cod Model Residential Grade Average Stories 1 Story F A Exterior Wall Wood Shingle Roof Structure Gable/Hip Roof Cover Asph/F GIs/Cmp Interior Wall Drywall Interior Floor Carpet Hardwood Heat Fuel Gas Heat Type Hot Air AC Type None Bedrooms 3 Bedrooms Bathrooms 2 Bathrooms Total Rooms 5 Rooms Building Valuation Living Area 1568 Replacement Cost $ 131,735 Year Built 2001 Depreciation 0 Building Value $ 131,700 http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar=328198 12/3/2003 t "Parcel Details Page 2 of 3 Outbuildings & Extra Features Description Units Appraised Value Assessed Value Dormer 9 $ 1,400 $ 1,400 Shed 100 $800 $800 Ownership History Owner Book/Page Sale Date Sale Price BOGGESS, MARY B 8142/037 8/15/1992 $25,000 FERRO, RONALD C TRS 5414/220 11/15/1986 $79,900 BRITO, STEVEN M 5414/219 11/15/1986 $ 11 , BRITO, MANUEL J 1329/965 $0 CAPE COD MORTGAGE TRUST INC 11493/075 6/11/1998 $ 1 BECAL, MICHAEL J TR 12689/242 11/29/1999 $43,600 UPTON, CASEY TR 15369/ 102 7/16/2002 $ 175,000 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $ 1,373.56 Town Fire District Rates 6.61 Barnstable 2.01 Hyannis FD Tax $421.83 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $41.21 Hyannis 2.03 West Barnstable 1.36 Due to rounding differences these Total: $ 1,836.60 values may vary Other Rates Land Bank 3% of Town Tax Building Sketch No sketch is available for this parcel. Sketch Legend BAS First Floor,Living Area SFB Semi Finished Living Area BMT Basement Area(Unfinished) TQS Three Quarters Story(Finished) CAN Canopy UAT Attic Area(Unfinished) FAT Attic Area(Finished) UHS Half Story(Unfinished) t FCP Carport UST Utility Area(Unfinished) HP Enclosed Porch UTQ Three Quarters Story(Unfinished) FHS Half Story(Finished) UUA Unfinished Utility Attic FOP Open or Screened in Porch UUS Full Upper 2nd Story(Unfinished) FST Utility Area(Finished Interior) WDK Wood Deck FTS Third Story Living Area(Finished) FUS Second Story Living Area(Finished) GAR Garage http://www.town.bamstable.ma.usfWebmap/assessorsK/dataviewk.asp?mappar=328198 12/3/2003 r ¢Parcel Details Page 3 of 3 ILP -- GRN Greenhouse PTO Patio By using this site,you are agreeing,to the following terms and conditions. DATA SOURCES: Assessing information is based on FY2003 data. NOTE:The parcel lines on the map are only graphic representations of property boundaries. They are not true locations,and do not represent actual relationships to physical objects on the map. For more detailed information on map data sources and accuracy,click on the hyperliriks in the map legend. Developed by Town of Barnstable Information Systems Department-GIS Unit. Send comments or suggestions to gis@town.barnstable.ma.us http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar=328198 12/3/2003 I { Aft. q�¢C, ., t` ....• '�',�^"..".W.,.-'-^""".s� 'F���I p{ �A�'�: � v1J.sr+� ,r,{�t �ryrwwwyo-,..,.. ;y".`ry,>�`, n.�..,s .nr'.- r ' �^4 ?��, �•/�� /f/� 1• u "S^'w,t'°� d.. } !3 nit w., �v. 4 x - E .l r v NI y1 'S`tt. r��,1 r" i t � i4•+4" �ta"}t S�, `�,a - p�, r ' f� _,�s.',r,�pW r ` a;o!` :R j �sd' ♦,�„�ey�•�".�.� $Y 1�,. r������t. '?"1 i R.. w,e r�. _ � � a,� t . i"' �V�gpi�''' ryAe V,�1- �� s+:1 / f *1 .�8.. � � �ftw 1 �' �.�'°' �� _a :. r�`� E`s�T.�- ;� yJ/��+j� .� E sf�.w� .� '��A�,�4' �{�l� ��'st� .^` �� � • `A t.� N � �'�. �� � � •�� �*N-NA R0. t ."-"`�t���/����',�f. �`!�, y�'/��1��„" r. 'fir "L,�. ,•• � - M, INN . Sys P '•`_ 'AL _ 'i rr � y •" `J u -.." " _- 17 a .u_ ISM ' Maw f. ell Is— v;r�, .�. � ,, .� �.. �_� �.. ..;��,. lam•, �',� _ , . �- • .,fir. ��� a s ` ,.+- s �"+". 'tilt `a's,r •v'.,- " a?^j'' •l vx'1. ��:,5f• ."� Y it R328 198. n r-« P R n I S n. L D A T n. K E Y 245719 i'O LESS, MAR t B LAND t—'^'1 1 U 1L_J BUILDINGS NUMBER a»N r' 60, 600 CA=-1_ 1 1 ''[,S 00 SIZE- JUS f-VAL 45, 900 .._.__...._COMPARISON TO CONTROL AREA P012 ...,.-_.._....__..-..._....... ......,.--- ------ - PROFESSIONAL . . - PARCEL. CONTROL AREA i '!f::.ND STANDARD 10 0 LAND-TYPE PE 37600 LAND-MEAN 4590i_7 IMPC"iJvE.�� t'IEAN »hc.ro .r•=Je FRONT-FT 100 DEPTH/ACRES TABLE 02 1 0''a Y I J 4" JJ n r " _v VA_ "STAT d LiyFi LAND L{""'i JJ I NP ADDS/SB/FEA'T S T R STRUCTURE ARR AREA-MEASUREMENTS NOR NOTES 1',r-IRt.-::E f. INC' INCOME r-I Ir1 PERMITS Ci„R GRAPHIC , FUNCTION- STRUCTURE-CARD NO- 000 DATI^ - X MT Western Surety Company 605 335 0357 06/02/99 09: 14 2 of 2 W6stern Surety Company 0 , LICENSE AND PERMIT BOND For County,City,Town or Village Only-Nat Valid for Bonds mired by the State.Not Valid for.Contract, Performance,Maintenance,Subdivision,Agent to Sell Hunting and Fishing Licenses or Utility Guarantee Bond. KNOW ALL MEN BY THESE PRESENTS: BOND No.L&P-4 2e7 0 2�7 0 5 That we, K & L Realty Tzast , of the Town of 13yann i s , State of NA , as Principal, and WESTERN SURETY COMPANY, a Corporation duly licensed to do business in the State of MASSACHUSETTS ,as Surety,are held and firmly bound unto the Town of Yarmouth ,State of MA ,Obligee,in the amount (Valid only when a County,City,Town or Village is named sa Obligee) of Three hundred and forty dollars DOLLARS( 140-110 (NOT VALID FOR MORE THAN$26,000) lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives,jointly and severally. THE CONDITION OF THIS OBLIGATION IS .SUCH, That whereas, the Principal has been licensed to travel over roadways to move a tructure JEo Ma=l2a, pare-I .196 Yarmouth Read, Yarraauth, MA by the Obligee. NOW THEREFORE, if the PrincipaI shall faithfully perform the duties and comply with the laws and ordinances including all amendments), pertaining to the license or permit, then this obligation to be void, of elyis I t in full force and effect for a period commencing on the 2na day of X. 1998 ,and ending on the 2nd day 'tee '''..�"' 9 ,unless renewed by continuation certificate. G '`hbnc�" "1 -terminated at any time by the Surety upon sending notice.in writing to the Obligee and to ��r . incipal, i ° the Obligee or at such other address as the Surety deems reasonable,and at the expira- fw ,of, hiry-fvi days from the mailing of notice or as soon thereafter as permitted by applicable law, w u"r Y. Water' is,nd shall terminate and the Surety shall be relieved from any liability for any subsequent ae`tar°binissiQaoIte Principal. I?ated'th�s; :�2nd day of 3nne . 948 . Principal Principal Countersigned WESTERN U Y' COMPANY By By Resident Agent . President ' ACKNOWLEDGMENT OF S TY STATE OF SOUTH DAKOTA . 't ss (Corporate Officer) County of Minnehaha j On this 2nd day of June 1998, before me,the undersigned officer,personally appeared Joe P.Kirby who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY,a corporation,and that he as such officer,being authorized so to do,executed the foregoing instrument for the purpose therein contained,by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF,I have hereunto set my hand and official seal. S.13ARNES Cal. ear`s NOTARY PUBLIC sF Notary Public,South Dakota. SOUTH DAKOTA ' •`' Ms Commission Expires 1-92.99 tF Western Surety Co any Porn 8a9 ss� + 1-605-336.0950 - Western Surety Company 605 335 0357 06/02/99 09:14 1 of 2 ** WESTERN SURETY COMPANY ** ** Business Services ** Date: 06/02/99 Time: 09:14:20 To: Pat From: Antoinette West Including this cover sheet, you should receive 2 pages. If you have difficulty in receiving this transmission, please call. Western Surety Company PO Box 5077 Sioux Falls,' SD 57117-5077 Phone # 1-800-331-6053 Fax # 1-605-335-0357 Message: ?hen sending us additional information, .please indicate that this request was "fax" submission or attach a copy of this correspondence.) IMPORTANT NOTICE ie information contained in the notice is privileged. and confidential. It is itended only for the use of the individual or entity named above. If the Bader of the message is not the intended recipient, you are hereby notified iat any dissemination, distribution or copying of the communication is :ohibited. If you have received the communication in error, please notify us zediately by telephone collect and return the original message to us at the )ove address via the U.S. Postal Service. We will reimburse you for )stage. Thank you. l JUN-02-1998 09: 16 DGP MILES INS AGENC'; 508 880 27G4 P.02i02 Y J I ' 1 I • 9 J , Y , 0 Western Surety u e , c � , LICENSE AND PERMIT BOND For County, City,Town or Village Only-Not Valid for BondA Required by the State.Not Valid for Contract, Performance,Maintenance,Subdivision, Agent to Sell Hunting and Fishing Licenses or Utility Guarantee Bond. y KNOW ALL MEN BY THESE PRESENTS: BOND No. L & P•4 2A,7 0 2�7 0 5 That we, K & L Realty Trust a of the Town of Hyannis State of _ MA , as Principal, and WESTERN SURETY COMPANY, a Corporation duly licensed to de business in the State of MASSACHUSETTS , as Surety, are held and firmly bound unto the Town of Yarmouth , Statc of MA ,Obligee, in the amount (Valid only when a County, City,Town or Village is named as Obligee) of Three hundred and forty dollars DOLLARS ($ 340 . 00 ), (NOT VALID FOR MORE THAN$25,000) lawful money of the United States, to be paid to the said Obligee, for which payment well and truly o be made we bind ourselves and our legal representatives, jointly and severally. t � • THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal has been licensed _ to travel over roadways to move a structure tn M328 Par-s-Pl 198 Yarmouth Road Yarmouth MA by the Obligee. NOW THEREFORE, if the Principal shall faithfully perform the duties and comply with the laws and ordinances (including all amendments), pertaining to the license or permit, then this obligation to be void, other�vis�e''`ti ` emain in full force and effect for a period commencing on the 2nd -day of 1998 _and ending on the 2nd day. 1999 unless renewed by continuation certificate. o �• • '}u's bond m'. beerminated at any time by the Surety upon sending notice in writing to the Obligee and to - - x•- e�F iricipal, in care_ot the Obligee or at such other address as the Surety deems reasonable, and at the expira don"•of-this ty--five (3 xlays from the mailing of notice or as soon thereafter as permitted by applicable law, v� ielieYer is a shall terminate and the Surety shall be relieved from any liability for any subsequent ac��rd7ti 1]Sa `the Principal. Da led. 6.f;' nd day of Junk $_. Principal fir. Principal • Countersigned WESTERN U Y COMPANY By Cw.c�x� oZ 7Cu By Resident Agent President ' ACKNOWLEDGMENT OF SU UTY , STATE OF SOUTH DAKOTA �ss (Corporate Officer) County of Minnehaha On this 2nd day of June 1998, before me, the undersigned officer, personally Y appeared Joe P.Kirby ,who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY, a corporation, and that he as such officer,being authorized so to do, executed the foregoing instrument for the purpose therein contained, by signing the name of the corporation by himself as such officer, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ; S. BARNES NOTARY PUBLIC .0 NotaryPublic, South Dakota SOUTH DAKOTA ; Western Surety Company My Cummisaion FYpirec I.22.99 , r Form Bd9—6-9J b`ybMy',",`'t""",Sy�',�",","�'+'+',y�+ 1-605.336-0850 - '4, "TOTAL P.02 Assessor's map"and lot number" ... , SINE to Sewage Permit; number .... •............ .......' a _ Z BJBBSTAXLE, i 1 . House number .... ..lG'a`�........................... ....... 90 0� MAl6 C 1639. 9 �F0 MO a� TOsW-N ' OF BARNSTABLE '44 BUILDING :11SPECTOR APPLICATION FOR PERMIT TO ..... - � .....` ... :TYPE OF CONSTRUCTION ............. .. .......................19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a .permit according to the following •information: Location ........... ........ 5�•:C �, y�. . Ic! � Zf���j..... ........................................... ProposedUse ................ ..... 0? t .... .................................................................................. ............ Zoning District ........aa..11...i... .r....................:.................Fire District ...:..� 5/ ................. ............ Name of Owner ... -A . ...... .Address Name of Builder .� Address —"e. Name of Architect ....Address ' Numberof Rooms .Foundation .........................'................................................................. ....................................................... Exierior ...........................:........................................................Roofing ..................................................................................... Floors ......................................................................................Interior' ..................................................................................... Heating .... .............................................................................Plumbing .................................................................................. #. " 'Fireplace ..................................................................................A pproximate. Cost ..................:................................ Definitive Plan Approved by Planning Board ------------ ______-----------19________ . Area .......................................... y Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS Y I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. NameC ..J. ................ Construction Supervisor's License ��... ... �, ....�...... DR. SEIGEL DEMGLi5H GARAGE 26014 f Permit for ... Garage.. Location ..c'. ... ...................... Hyannis Ow_ ner ...Dr: Seigel......... Type of Construction ...F'x: ..... ? .. Pof ..........................�.. Lot . ?............................. ✓:" r JF Permit Granted ..... ..,anua V, 26,-` ....19 84 r' f Date of.Inspection .:.............. ........ ......19 _ a, Date Completed/.L�' ..................19 i�• h _ ! /mot AX i �--- MOWN - - � 1 � � � ._ OD1J Western Surety y._ 4 Y _ CO . P do -- , 3U.-hbd L 4-, fit c-f.i t tte j�: JE ** A Subsidiary of CNA Surety Corporation t''"'P.O. Box 5077 Sioux Falls, SD 57117-5077 = yppp� U PDMETERa' u 12�5]Q1 U.S: POSTA . Town of Yarmouth s � �9g Town .Hall Town Clerkp` Yarmouth, -.,MA 4,02:.675 _ -j-RX -awas. f'� 6ce€€.(!4'kel'I`usLt�Ge sFtf't�� kt`k '+ist�Itlil�It1U�t.isri�'t.�atl�i��iY"�1��'Iti'1Ytttt�-i'F 1 >I' t 1 i - r �R r)V/UN + Grp �, v•.� r !y 31 a It 5 5y 19 5 § I UNITED STATES POSTAL SERVICE fit. rUi `u .o�.�. .. re Official Business C` _ ^�1 PENAF7-AV0fU'P1AYA4EWT,- eatATE USE TO = O 0 I Print your name, address and ZIP Code here I Town of Barnstable I I Inspection Division 367 Main Street Hyannis, MA 02601 I I G. URENAS r.. SENDER: I also wish to receive the W • Complete items 1 and/or,2 for additional services. N • Complete items 3,and 4a&b. following services (for an extra ` • Print your name and address on the reverse of this form so that we can fee): "> 41 return this card to you. d • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address 0 does not permit. m a ' t • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery •' • The Return Receipt will show to whom the article was delivered and the date C delivered. Consult postmaster for fee. d v 3. Article Addressed to: 4a. Article Number 0 Ms Mary B. Boggess P 015 469 599 E56 Capri Lane 4b. Service Type cc 0 Chatham, MA 02633 El Registered El Insured rn Certified ❑ COD � I W ❑ Express Mail ❑ Return Receipt for p� Merchandise 7. Date of Deliver 31 Z I n ture (Addr see) 8. Addres ee's Address(Only if requested Y �j and fee is paid) C 6. Signature (Agent) ~ >' PS Form 3811, December 1991 *U.S.GPO:I —352-714 DOMESTIC RETURN RECEIPT 1 UNITED STATES POSTAL SERV Pmi) ),) III ---------- --I- Official Business 0 PtNAL�-PRTVATE USE-�0Avbia-PAYIEN T— — — —�EF-POSTAGE $300--- Print your name, address and ZIP Code here Town of Barnstable Building Division 367 Main St. Hyannis, MA 02601 GU C ^ - .o SENDER: . I also wish to receive the y • Complete items 1 and/or 2 for additional services. ! • Complete items 3,and 4a&b. y following services (for an extra d • Print your name and address on the reverse of this form so that we can V fee). at return this card to you. ` • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address coo not permit. • Write"Return Receipt Requested"on the mailpiece below the article number. a r 2. El Delivery '' • The Return Receipt will show to whom the article was delivered and the date U I c delivered. Consult postmaster for fee. d I m 3. Article Addressed to: 4a. Article Number W I ® Ms Mary Boggess P 015 496 599 E 56 Capri Lane 4b. Service Type 4) p ❑ Registered ❑ Insured V Chatham, MA 02633 NI ® Certified ❑ COD ❑ Express Mail ❑ Return Receipt for 5 C Merchandise 7. Date of Delivery (� 0 W5. r Ad r s ee► 8. Addressee's Address(Only if requested Y Kand fee is paid) H L I -L 2 6. Signature (Agen ) I' I � HPS Form 3811, December 1991 tru.s.GPO:1993-152.714 DOMESTIC RETURN RECEIPT I — +P 0�15 496 599 Receipt for Certified Mail *. No Insurance Coverage.Provided Do not use for International Mail (See Reverse) Sent to Ms Mary Boggess Street and No. 56 Capri Lane P.O.,State and ZIP Code Chatham, MA 02633 Postage Certified Fee Special Delivery Fee , Restricted Delivery Fee, Return Receipt Showing p� to Whom&Date Delivered m Return Receipt Showing to Whom, c Date,and Addressee's Address ') TOTAL Postage C &Fees 0 Postmark or Date M E o LL STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES laeo front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address y leaving the receipt attechbd and present the article at a post office service window or hand it to your rural carrier(no extra charge). CC 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. o0 3. If you want a return receipt,write the certified mail number and your name and address on a c return receipt card,Form 3811,and attach it to the front of the article by means of the gummed -21 ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. O O � 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E 0 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. rn a 6. Save this receipt and present it if you make,inquiry,....... 102595-93-Z-0478 RECEIPT NO. PAYMENT TAX YEAR/B. G. AMOUNT DATE TYPE PID 0 OWNER------ TAX DUE 648. 58 OUTSTANDING 648. 58 ------JANUARY I OWNER------ ACTION MORTGAGE CODE 0000 0000 OPEN SPACE . 00 TAXABLE . 00 -----LEGAL DESCRIPTION----- COMMERCIAL . 00 #LAND 1 37, 600 TAXABLE . 00 *OTHER FEATURE 1 8, 300 INDUSTRIAL . 00 #PL 88 YARMOUTH ROAD HY TAXABLE . 00 � � #RR 1890 0098 � � LATEST ACTION 1993 -7 }1 XMT ? � r�9� / / 7 /� | PROPERTY ADDRESS I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CSTATE LASS I PCS I. NBND PARCEL IDENTIFICATION NUMUFJ3 '--J KEV NO. 0148 LEWIS BAY ROAD n7 At- ,9 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T�, UNIT AOJ'D.UNIT Lana By/Date size Dime..�2 LOC./VR.SPEC.CLASS ADJ. COND. PE PRICE PRICE ACRES/UNITS VALUE Description H ORT 0 N, E L I Z A B E TH M A P- , CD. FFDe th/Acres #LAN D 1 102,500 CARDS IN ACCOUNT - L 30 3SITE 1 70X .2 =10C 270 75 219999.9 7 44 54 99.9 .23 102500 #BLDG(S)-CARD-1 1 40,800 01 OF 01 A #OTHER FEATURE 1 1,300 COST 4 N BATHS 1 .0 U X B= 100 4400.00 4400.0 1 .00 440U 8 #PL 148 LEWIS BAY RD MARKET D RG1 DETGAR S 10 X 20 195 D= 38 22.35 6.62 200 1300 F #RR 0886 0070 INCOME A USE APPRAISED VALUE D D A 144,600 A U PARCEL SUMMARY T S LAND 102500 A T BLDGS 4080C 0-IMPS 1300 E TOTAL 144600 F N CNST E N DEED REFERENCE Type DATE R-.,yec PRIOR YEAR VALUE A T Book Page In st. MO. Yr.D Sales Price LAND 102500 T S 4137/334, It06/84 A BLDGS 42100 U 2309/221: 00/00 TOTAL 144600 R E BUILDING PERMIT BLAND ADJUST.FCR S Number Date Type Amount U S E LAND LAND-ADJ INC ME SE SP-BLDS FEATURE BLD-ADDS UNITS 102500 130 4400 822389 7/80 AD Const. Total Year Built Norm. Obsv. C1a55 Units Units Base Rale Atlj.Rate A+,f �/9 Age Depr. Contl. CND. Loc. %R.G. RWL Cost New Adj.Repl.Value Stories. Height Rooms Rms Baths •Fia. Perly all Fac. 0 1 B 000 100 100 75.75 75.7.5 50 50 44 38 115 100 43.7 93356 40800 2.0 6 3 1.0 4.0 Description Rate Square Feel Repl.Cost MKT.INDEX: 1-00 IMP.BY/OATS: / SCALE: 1/0 1.0 D ELEMENTS CODE CONSTRUCTION DETAIL S SAS 100 75.75 560 42420 GROSS AREA 1390 SINGLE FAMILY DWELLING CNST GP:00 T FEP 65 49.24 35 . 1723 *--7---* N *-------17-------* STYLE 00 0. R FSF 90 68.18 270 18409 5 FEP 5 6 FSF ! DESIGN ADJMT OD 0._ _ FWD 85 8.50 112 952 ! ! ! ! E _XTER.4IALLS OIWOOD FRAME 0._ u 320 60 45.45 560 25452 *-*-9----*----28--19-----*3-* ! ---------------`----.-REAT/AC- TYPE 04OIL 0 --- ----------- --- ---------------------- T ! B20 ! ! INTER.FINISH 00 0. ! 18 INTER.LAYOUT -01 _--- --------0.- !R 12 ! INTER.QUALTY . 02SAME AS EX_T_E_R. 0. ! FLOOR STRUCT 00 0.0 A ------------- --- L D W ! ! ! EFL'OOR COVER 00. 0.0 --------------- --- E Tot al Areas Aox= 47 BaSa= 830 20 BASE 20 ! ROOF TYPE 00. 0.0 BUILDING DIMENSIONS ! *------14-----* ELECTR_I CAL _00 0.0 T SAS W28 N20 E09 FEP N05 W07 S05 ! ! f�WNDATION 00 99.9 E07 .. SAS E19 FSF S12 E14..FWD ! 8 g . S08 W14 N08 E14 .. FSF N18 W17 COMMERCIAL NBND IN HYANN.IS HY04 L S06 E03 .. SAS S20 .. 820 N20 ! FWD LAND TOTAL MARKET W28 S20 E28 .. *-------------28------------X------14-----* PARCEL 102500 144600 AREA 527520 VARIANCE t0 -73 STANDARD 50 I i S32_ 1 . _ u i_Jt' 008"=' ;`!at=;"?r)l.Jl'!•-! ";C;Afs CTY , 07 "C'I:tS +4=30 ,...IY '-..G:. 1 275: 1:: - ---MAILING . ...."......_...._.... -,-•n. � tri •1 PCs t✓i:) Yip t7t_ �'A�i{� ti?" t::).'....! !n 1.�.1!v 4f ... ...�...hi .L _ i 1 BOGGESS,, MARY B MAP AREA P012 JV MT•G 0000 6 CAPRI LANE SPI , i T i 1 T2 . 15 SO FT C:F•'IA--fl-il"11, ! IA 'Cr • _ ._ _ ril Lt E , B GB._; CONS ! ^_ ZC _)- -iC —AND 7__ _ am •r• OTHER _t- - :I _ _ . —LEGAL AL DESCRIPTION---- ESCrIrTTOn _ . — . TRUE MKT 45900 REn CLASSIFIED � •H'V.i•"!!4d_! 1. 37, 600 H,.7O _{ya_• 3 7, ,t:I t_. '.!-!7D IMP A,..i O OT r 8300 0, 300 DESCRIPTION TAX ! I•i CURRENT EXEMPT! - ,i AnAE'._;_:: Tfl L. 88 !1"'1RI 1O_J i H ROAD H 1 TAX EAL..!'IY" ! ,t'R Ft. 1 c,9 t_I 0096 R E S T L;E N !" ._ 45900. 45900_ 45960OPEN SPACE COMMERCIAL INDUS TRIAi.._ EXEMPTIONS SALE t_i,_,f. ._ PRd.t..E ._._!,.,_ICI ORB 8142. .I: :; AF'D 1 �.. LOC 70088 YARMOUTH ROAD CTYJ07 TDST 00 KEY] 245719 ----MAILING ADDRESS------- PCA..110.11 PCSJ00 YRJ00 PARENT] Ct FERRO', RONALD C TRS MAFJ AREAJP012 JVJ MTGJOOOO 0,13E NOMINEE TRUST EF17 SP21 SP31 36 PLEASANT ST unj UT2] .15 Sty FTJ 768 E DENNIS MA 02641 AYBJ1920 EYBJ1960 OBS] CONSTJ 0000 LAND 41800 1-0 p 26200 OTHER ----LEGAL DESCRIPTION----- TRUE NEI' 68000 REA CLASSIFIED #LAND .1 4.1 ,800 ASD LNV 41800 ASD IMP 26200 ASD OTH #BLDG(S)-CARV-1 1 26,200 DESCRIPTION TAX YR CURREN] EXEMPT TAXABLE #PE 838 YARMOUTH ROAD RY TAX EXEMPT #RR 18910 0098 RESIDENT'L C,8 0 0 68000 68000 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE]II/86 PRICE] 79900 ORBJ54141220 AFDJ LAST ACTIVITYJOS,,106187 PCRJY r _ , _ + : 8o P r R M Y T PMT 'ACTION R CARD 000 KEY 2457 ar E PG.R I ."•iyO MO i R TYPE VALUE 5C.,K..,..G l MO 1 R :acid'' NEW/DEMO COMMENT i ass i I � �, � � � I i I � I i � 4' • I ! l • I f I I � I � MAY., 7.1998 4.05PM RICOTTA AND ASSOCIATES5089452492 NO.022 P.1 I ? } i .. it ✓ ' � I � n � f ✓ 1 (7 1 I CERTIFY TO APPRAISAL-ASSOCIATES OF MASS . , - CAPE COD MORTGAGE TRUST, AND ITS TITLE +':'' 'JRANCE COMPANY, THAT WHERE ARE NO VISIBLE ENCROACHMENTS OR EASEMENTS cPT Av SHCWN AND THAT THIS PLAN WAS PREPARED UNDER MY IMMEDIATE _SiON THE LOCATION OF rHE DWELLING AS SHOWN HEREON IS IN COMPLIANCE t41TH THE LOCAL ZONING BYLAWS WITH RESPECT TO HORIZONTAL :�r ►+ DIMENSIONAL REQUIREMENTS . ;,E DWELLING SHOWN HERE DOES NOT FALL `',',� WITHIN A SPECIAL FLOOD HAZARD ZONE AS :�» •�r,,; ,.,.. DELINEATED ON A MAP OF COMMUNITY #250001 DATED °8/19/85 BY THE F, I .A NIE-', LOT CONFIGURATION TAKEN FROM ASSESORS MAPS OF RECORD AND IS NOT I L*nd surveyors CIv11 Engineer; NECESSARILY ACCURATE 172 �'illium �t. �C'r� raEora, 02740 ; GRERAL NOTES: (1) The declarations made above are on the basis of my knowledge, information, and belief as the result of a mortgage plot plan tape servey inspection made to the normal standard of care of registered land .1 surveyors practicing in Nassachusetts. (2) Declarations are made to the above named client only as of this-'I date. (3) This plan was not made for recording purposes, for use in preparing deed descriptions or for con— structions. (4) Verifications of property line dimensions, building offsets, fences, or lot configuration may f MASSACHUSETTS FIRE INCIDENT REPORT •Wb. `' ' :<::DEPARTMENT Rev sed FfO 1 Y< 01 9 2 2 Hyannis Flre Department Report Form If Ex Date Alarm Arrival In Service nt # '000603 Fire 007/ 10/92 Day Frlda a 23:50 23.53 01 .44 SITUATION FOUND ;...........:::. ACTION TAKEN ,;; <' MUTUAL•AID B Structure Fire 1 1 Extin uishment FIXED PROPERTY USE (OCCUPANCY) ;:; IGNITION FACTOR C 1-Family Dwelling: Year "'Q 1 1 . Sus icious, Not Disturb °.2..1.....'` OCORRECT ADDRESS ZIP CODE CENSUS TRACT 88 YARMOUTH ROAD 02601 40 O 11 OCCUPANT NAME (LAST, FIRST, MI) TELEPHONE ROOM or APT. UNOCCUPIED F 12 OWNER NAME (LAST, FIRST, MI) ADDRESS TELEPHONE UNKOWN G 13 METHOD OF ALARM CO. DIST. PERSONNEL ENG RESP. ........... AERIALS RESP. 7 s » 40 © RESP. 2 Q . SHIFT HAZ MAT PRESENT? N TANK. RESP OTHER RESP. D 0 4 Telephone (Tie-line) NO. ALARMS SUBSTANCE 0 0 1 SPEC. EQUIP. USED? FIRE O 2 SERVICE 0 0 ::: OTHER F.AIAT-TT ES L TTT RESCUES F '�` C O MOBILE PROPERTY TYPE 0 8 VEIiICLE STOLEN? ESTIMATED TOTAL INSURANCE CO. Mobile Property N/A DOLLAR LOSS TOTAL INS. 0 CLAIM PD 30 YEAR MAKE MODEL COLOR LICENSE NO. VIN# 40 IF EQUIP INVOL. YEAR MAKE MODEL SERIAL NO. IN IGNITION COMPLEX AREA OF EQUIP INVOLVED IN IGN. 2 1> '9'8>::>< 0 Dwelling 1 & 2 Famil ''`4 1 ORIGIN SleepingRoom ;;;::;;:».: No E ui ment Involved FORM OF HEAT IGNITION : MATERIAL FORM TYPE © Heat Of I n UndetermineCI...X. IGNITED l)..0... :0 0 Form of Mat Undeterminec ;:::;;::;:::::::: <:: Type. of Mat Undetermined::: ;..... OMETHOD OF LEVEL OF ORIGIN Number of Stories CONSTRUCTION TYPE EXTINGUISHMENT ' 6 1 8 Preconnect frorr ` ` . Grade to 9 feet abi:: ...... 1 storyUnprotected Wood Fram EXTENT OF DAMAGE Flame ......... Smoke DETECTOR PERFORMANCE SPRINKLER PERFORMANCE N Confined to structure s'''' fi»: 1? 8...:: O Confined to structure No detectors present ;<:1...8 Noe ui men present Material generating FORM TYPE ® most smoke Apparel Not on a Person 1 3 4 Man-made Fabric, Fiber 7 1 AVENUE OF SMOKE TRAVEL R • WEATHER CONDITIONS 1 ' CLEAR Opening in construction Officer in Charge: Date P CHISHOLM CHIEF 7/ 1 1 /9 2 Comments for this incident have been printed on an additional comments page. t • 4 Comments for Incident: 92 000603 Exposure: 00 Date: 7/10/92 RECEIVED A CALL FROM THE BARNSTABLE POLICE OF A BUILDING FIRE,SGT JENKINS ON LOCATION AT#80 YARMOUTH ROAD. RESPONSE: ENG, S 822, 826,LADDER 829, RESCUE 821, RESCUE 827, CARS 801, 802 ENGINE 822 LAID A 4 INCH SUPPLY LINE UPON SEEING HEAVY SMOKE IN THE AREA OF THE FIRE UPON ARRIVAL HAD A SINGLE STORY UNOCCUPIED,BOARDED UP WOOD FRAME WITH FIRE SHOWING IN THE RIGHT FRONT BEDROOM STRECHED TWO 1 3/4 HAND LINES TO SIDE ONE OF THE DWELLING.PULLED THE BOARDING OFF THE WINDOWS AND DOOR, MADE AN EXTERIOR ATTACK ON THE FIRE,THEN WENT THROUGH THE FRONT DOOR TO EXTINGUISH THE FIRE. OVERHAULED THE FRONT BEDROOM AND LIVING ROOM.PULLED THE CEILING IN THE REAR BEDROOM AND KITCHEN TO CHECK FOR FIRE EXTENTION,OPENED THE ROOF FOR VETILATION AND FIRE EXTENTION. r INVESTIGATION REVEALS HEAVY FIRE DAMAGE TO THE FRONT BEDROOM,LIVING ROOM,AND ATTIC AREA.SPECIAL NOTE TAKEN THAT THERE WAS NO FIRE LOAD IN THE DWELLING.THE ROOM OF ORIGIN HAD NO CONTENTS EXCEPT SOME CLOTHING IN OR ON THE FLOOR OF THE CLOSET.THE REST OF THE DWELLING ALSO HAD NO CONTENTS. SGT CAMRON OF THE BARNSTABLE POLICE,DEPUTY BRUNELLE AND MYSELF CONDUCTED THE INITIAL INVESTIGATION INTO THE CAUSE OF THE FIRE.THE ROOM WAS CLEANED OUT AND THE FLOOR WASHED REVEALING HEAVY CHARING OF THE FLOOR OF THE ROOM WITH HEAVY CHARING OF THE MOP BOARDS ALSO.THE CEILING IN THE ROOM HAD BURNT AWAY AND THERE WAS HEAVEY CHARING IN THE ATTIC AREA WITH EXTENTION TO OTHER AREAS OF THE DWELLING. PHOTOS WERE TAKEN BY THE BARNSTABLE COUNTY SHERIFFS OFFICER(CIO)WITH FURTHER INVESTIGATION TO FOLLOW IN THE MORNING ENGINE 822 CAR 802 TO QTS 0144 ERIC FARRENKOPF CAPTAIN 07/10/92 U�Q %MT Western Surety Company A Subsidiary of CNA Surety Corporation Q May 19, 1999 Agent Code: 20 01362 Town of Yarmouth Town Hall Town Clerk - Yarmouth, MA 02675 Re: Bond#42702705 - K & L Realty Trust 21 Arlington St. ' Hyannis, MA 02601 $340 -.-Street Permit- Town of Yarmouth We have received a request to cancel or nonrenew this bond. We wish to comply with the principal's request by taking advantage of the cancellation provision pertaining to this bond. You are hereby notified that this bond is cancelled and voided as of July 4, 1999, or the earliest time permitted by applicable law,,whichever is later. Thank you for your attention to this matter. cc: D.G P-Miles,Ins. Agency,yInc. . K&L Realty Trust RCEIV ® MAY 2'TOVV 5 199.9 • .�tda 4�1+}= � _" .� i�: _f_.y'l.,d . . ��. t- E _i. .7+. ..ter �. N CLERK&'.. REASURER SOUTH YARf4OUTN,MA Underwriting Services SINCE 1900 - 1-800 331=6053 P.0.Box 5077 FAX 1-605-335-0357 - Sioux Falls,South Dakota 57117-5077 http://www.westernsurety.com ram; �t a i _2 T vt s d ;➢ IE tt o �i { ro. - 4, r 2T�•'' --i:�70 = ..��I�G ' � � .wK '�i. r *Tidr N m� .. r. _ d�'` � m k..s -t �..ctA•r p"� �'^.C=..f. c �o ice`-���o n .c = SO c .� - :� 3 v � .O v {-"' � r. ,➢ - o a \,...9• air W - .. - P _<.N { .7C -a. �.�,r. r-. Z•�., an_^� � -moo � T' � - MAY-28-1998 08:06 FROM RIDER RISK SPECIALISTS TO 15087750851 P.01 ..x..,r.;nx.;t..:roxxwc :'>: « :wx X'�x;;ai:?aka:w .:.x:. .x.. ' k:i i::>pox.:,.Yi,X...i:a;,,...:.:::::.x. x e x::i:' ......x x.x�yX.t:44%a::wxkisx<ki >:a,>......DATE...............�...�•..:.4? x xyx,: oKyx ?, tax. (6/98 VY) << t 5/26/98 x�k ,..::.:.::..;.:!.x•>;o:�,xr .xo:•;x.x•,:<•wX•%xx e:<.%o;,:.;:.x..<.,:,«.x.x x x x. x 6xx ^'" .�......�......�...�....P..................... `°" ..,.::'.,x;x.o_2 «:.xox:.::....,..,...,•.,•................ xx..-!%.cxexo,o,wxexex., PRODUCER RIDER RISK SPECIALISTS INSURANCE AGENCY,INC. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DAMES W.RiDER INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2 SHORE ROAD ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BOURNE MA 02532 COMPANIES AFFORDING COVERAGE _ COMPANY LEGION INSURANCE COMPANY A INSURED LAWRENCE M.NADZEIKA COMPANY P.O. BOX 808 B E.SANDWICH MA 02537 COMPANY C COMPANY D eXx�kp�x.+ic<,.o0ra.x aex<K•s.ex%x,.es.x.%.<as...%..aat...i!x xax kn,aA xadX x,a•,s,x�.ax.,.x,:,::..o.dx rot .�C K ,,y!RYaXA:kes:;:o::•::;�:o:iFiF:�ujoi';';Xi?";X.m>.7X%a?!k?:i«>:ko erx i°iRMA'e ,«e ..::. x<•nx•%Lox.xox.x.x.:x.x.x•,x•wx•x•ieAe:>:ea•x•ise:ox•x:•:ex.x.•x.x.xex�x.,aeX.%:,e:�,a�u,wu..e' ..,.^.:.^.:::.:•.: :.:,..�"eip;:k;,;;:{::k•::ox!.x�::<:,a,.;t:eSa•,.4:.ao:eXow,X.x:.x;.�o.'?........:.:.�:.: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY AEOUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION$OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT�R TYPE OF INSURANCE POUCH NUMBER U ��„O �.�(MMMti�EXPIRATION LIMBS DATE GENERALUABILITT GENERAL AGGREGATE $ COMMERCIAL GENERAL UASILITY PRODUCTS-COMP/OP AGO S CLAIMS MADE �OCCUR PERSONAL ti AOV INJURY S OWNER'S&CONTRACTORS PROT EACH OCCURRENCE $ FIRE DAMAGE(Arty one fire) 5 MED W Way one person) 3 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT S ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS __ ) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS f(Per accident I- _ PROPERTY DAMAGE 9 GARAGE LIABILITY AUTO ONLY-EA ACCIOENTT I S _ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT I$ ~AQOREOATE $ EXCESS LIABILITY EACH OCCURRENCE_ $ UMBRELLA FORM AGGREGATE B OTHER THAN UMBRELLA FORM $ V A WORKERS COMPENSATION AND X STATUTORY LIMITS 'EIiiPLDYERS'uABILRY WC3 0281826 9/02/97 9/02/98 EACH ACGDENT Is 1001000 HE PROPRIETOR/ RO RIETO / RX INCL DISEASE-POUCY LIMIT S 500,000 OFFICETtS ARE: EXCL DISEASE•EACH EMPLOYEE $ 100 000 OTMER DESCRIPTION OF OPERATIONS/LOCATIO"11CLES/SPECIAL fTEWS .�...x: x:k:y%a:x�x;cxn'a................. ....::.:.:............. .. .. .x:;.;.x.xk: .... :k%ueik�a:a:e n yy y A R7a'X'A'k a kD"?t! .X��iha :4 �'j Z</`Y R"%k%xe:ai�dx xax k 6k l6Saka 'exR%kt' • ...� � .'. '..:� �o��....•......,axxxx�.ww:ox. .wux.x.,w.xoe"owx b.l.%a::,GN4 ,.,...,.^,,,,.,.,, :.� � x x ., n,.e.,..,.., .�S°�`^a,.e B'' -. ,xoxexyxoxf R�k� e .:.............. /r��' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED REFORQ THE v 00WAT" DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO IWL TOWN OF BARNSTABLE _ 5 DAYS WNMEN NOTICE TO THE CERTIFICATE HOLUM NAILED TO THE LEFT, BUILDING INSPECTOR BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPosE No oeUCLATON OR UTARIuTY TOWN HALL, SOUTH STREET OF ANY IpND UPON 14 COMPANY, ITS AGENTS OR REPRESENTATIVES. HYANNIS MA 02W A PRESENTA o r. ..r.,w.,.^'^.:;;".:: w;";„^o•�"S,w,::�r,.;�.;;^";;c=s•':s�:�;!y::�mm ..:, ...��JG.,. .�. .,.. ^., n. ;>aEIKiG.tdf3f!i%..xx yw =;.« ;: n;rf.-.. -ye:• i:rx�xrx«oeo^xoxweinu"' r ��. �.: '• ......:t ....... .XA:exM�.r...%.% e..:!�%X.:aT:^:exnvlY..%e.!+.�%e.e%.%e. n.M..;..Xate:•.,�v'!xMwxN %•X :...• vwvwvw•.mw,rwv.wn .nv w d a o�- ssessor's office 1st floor Ma ,�� Lot Permit# 3 7 4��P.5— Date Issued f -Engineering Dept. (3rd floor) House# rw ' 3 IARNB'GB[Z, t MABB. 19 i639. O MKS (Applications rocessed 8:30-9:30 a. & 1.00-2:00 .m. TOWN OF BARNSTABLE Building Permit Application Protect Street Address d9�l:�hevV� �COy9,E� Village Fire District 0%vner STe`RHC-,v 0 G- Address I2rr O/V c tis Telephone -so f— 2 SS 3g00 Permit Request: 10 Zoning District Flood Plain Water Protection Lot Size Grandfathered Zoning Board of Appeals Authorization Recorded Current Use Proposed Use Construction Type Existing Information Dwelling Type: Single Family Two family Multi-family Age of structure Basement type Historic House Finished Old King's Highway Unfinished Number of Baths No. of Bedrooms ` Total Room Count(not including baths) First Floor Heat Type and Fuel Central Air Fireplaces Garage: Detached Other Detached Structures: Pool Attached Bam None `✓ Sheds Other Builder Information Name L-'q L.." /L c^.+.C E JJd AA01;e9 / Telephone number 3 �� 7 Address /Y /Sdw,/ j s04 A� License# d 0 G G( 2 Y P0 v 141, �+/O Home Improvement Contractor# r Worker's Compensation # NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN (AS BUILT) SHOWING EXISTING, AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 1111?Mev tk Pro'ect Cost -�412S 0 O Fee _570, Gti SIGNATURE � �.� DATE BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) BPERM T 3/13/95 37485 FOR OFFICE USE ONTLY " 328. 198 + r 88 Yarmouth Road Hyannis ADD VILLAGE O •R Stephen Boggess DA F SPECT s N FOUNDATIONFRAME L INSULATION - �+ 'FIREPLACE ' L , ELECTRICAL: ROUGH FINAL r � PLUMBING: ROUGH FINAL GAS: ROUGH r FINAL FINAL BUILDING: r ATE CLOSED OUT: ASSOCIATE PLAN NO. ry l � � t � �� � -� , � � � � - � � � �`' � � � � � o ' � � �, R L � 11.02'9 1;:02 'U617727 i122 DEPT INTD .ACCID 1600 ZI ��-- �.n,;:�;;,,n,.:�•n�ili n! {l•�n�s��zc//rc�et�� �UaPa,tnwnt a��ndu�t�eal,�eecdanU 600Lvo 4Vaa�unSton.,het James J.Campbell &&n, 02il l Commissioner w Workers' Compensation:tnsurance.�davit with a principal place of business at: x , III���V ��/St1tllZip) �C�IL' do hereby certifyunder the pains and penAties of P� �Y, � ' _ - i am an employer"provid'mg workers' compensation coverage for my employees.working on this job. Insurance Company Polity Number {) I zrr sole proprietor and have no one.working f,,,- l» n*y"Mclty O I am a sole proprietor, general,contmaor"or homeowner (cirde one) and have hired the contractors listed below who have the fallowing workers' compensation policies.''- . 4 Contractor Inuurance Company/Policy Number Contractor Insurance Company/Policy Number. Contractor Insurance Company/Policy Number O I am a homeowner performing all'rhe work myself. of t'::5__,G-E.'1,tti J.'_'e fC r-C Cft iC C:ncc.Cf of d:e oif;for cclTr2ze rEc_'::f C l:'CE!SCC,:Cf:2z1,of NGI.,152 CC�iuc.O Lhc impCSrtlon CI CnMin;i pcnzl;,es consistu cf i fine of up to S t,500_03,'.rxlcr C'.. f.�'•' f.^;�f L'C.`.'-E n;:�µ0-s C A in tte fcr7n cf;STO P WORK ORDER and a fine of S I00.00 a dzy against me. Si nec day of ��/ c 19��` Lic`enseelPermittee Building Department Licensing Board Selectmens Office Health Department TO VERIFY COVE PAGE INFORMATION CALL: 617-727-4900 X403, 404, 405, 409, 375 a,. TD;;� p $i.-� BU +.DL,,;G pEa 1IT �- The 'down 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 March 6, 1995 Ms Mary B. Boggess 56 Capri Lane Chatham, MA 02633 Re: 88 Yarmouth Road, Hyannis, MA Dear Ms Boggess: We have been working with you to have the above referenced house demolished. Unfortunately, it appears that our efforts to coordinate with you have fallen by the wayside. We are now informing you that you must apply for a permit to raze that structure within 48 hours and raze it within two weeks. We sincerely hope you comply with this letter. If we do not hear from you, the Town will be forced to raze it and lien your title. As you probably are aware, due to the requirements of municipal bidding laws, the costs will be considerably higher if the Town does the work than if you contract the work yourself. Please let us know which course you wish to pursue. Sincerely, Gloria M. Urenas Zoning Enforcement Officer GMU/km Certified Mail P 015 496 602 R.R.R. L - J I i ............ j. 1 j' The Town of Barnstable swnxsrwa�. b& Department of Health Safety and Environmental Services Ma+" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crosse--. Fax: 508-790-6230 Building Com.:z oner March 14, 1995 Ms Mary B. Boggess 56 Capri Lane Chatham, MA 02633 Re: 88 Yarmouth Road, Hyannis, MA Dear Ms Boggess: The above ref erencedkuilding..w`as razed by Mr. Lawrence Donovan on March 13, 1995. The Town is completely satisfied with the job. The appropriate.Town agencies will be notified. Sincerely, Gloria M. Urenas , Zoning Enforcement Officer GMU/km cc: Lawrence Donovan : . . : The Town of Barnstable • snRrraiesii,. • 6` � Department of Health Safety and Environmental Services n +" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Ms Mary B.Boggess 56 Capri Lane Chatham,MA 02633 Re: 88 Yarmouth Road,Hyannis,MA Dear Ms Boggess: The above referenced building has been condemned by this office. Please contact this office immediately regarding the razing of the building. Sincerely, a Gloria N&Urenas Zoning Enforcement Officer GMU/km Certified Mail P 015 469 599 RRR .r Q950210A I �� � �,� � � � � � �� , s � � � � IM r TOWNrfOF"BARNSTABLE ASSACHUSETTS, _ r ` p u I,L®' ;,. E I T r z ,yz c h _ �� sx x, 3 DA'TE. March 1�' .: � -`;3 7 4 8:5 a,�J1PPLJ : ' "f5 ' PE•RMIT'NO.. car Lawrence Donovan AODRESs 1 orth Dennis 'Road, armour , MA d` �,yy °M"DemolshSingle ✓ `a`4 "`IN 1 'ISTREET) _ (CONTR'S LICENSE) sn rfi�r �* PERMIT YTO tp Family Dwellino 11' I STORY ,.Sin le:rF mi Dwel]in NUMDWEBERN OF G UNITS 1 d (TYPE OF IMPROVEMENT) NO I EO USER. ,88f'Yarmouth'Road, Hvanni'`s,� k` `'� t° ' zoNlNc a A+T+a(LOCATtON) DISTRICT— i id d ,d' e4 INO.Ir, '>'e 3 { t +rk.�., ,�rn' �^t r ,"�r§ISTREET)43i..a 'ae"XSa�'�+trs s•t, ,w� n� xr a.•+� -V. ..,� $fir'' y.•ass r,J ,. .R ! - t - - xBETWEEN r 'rICROSS`. S.STREET) _ s 8 r`_ TOS STREET)+ . - — .BDIVISION l4� y LOT BLOC S12E -�S�ii-fn� ��'k?("'�t�r�ni 4r ��� �, � ' "4 �- ... r^ 7.• t ,y fBBBUILDINGIMS TO BED °^1 FT WIDE BV FT LONG BY r FT IN HEIGHT AND•SHALL CONFORM IN CONSTRUCTION bxiSe.' :a �4 �.ar..r *.T -.Yfu �t rx .. .. Y. , µ• q ;S S?ft _ - .. § T.0 TYPE USE GROUP "-.BASEMENT WALLS OR FOUNDATION �.1 ! d"�'cye l•'�' s4 3 - r .5 r s h r '' 5 �,a 3 �• s3 a .r �t a; m .. Yt +' 1 a +� +} x `aF rr ' r sREMARK5:1§#'' .+ieg ! .,a.is�':I s. x ,"k,}} „4.}-': .+ J.r:}..M C r,''+-z,::. St ty¢- a .s•t.r'��`^ r -; 4:.. - . ,€`s,rj>y tl *M� f5" J4P JS 1 i4'y �fe•°7 ;✓! {�l �iyitft�. } T,r �S T T 3,R(� f �2S+.b 'k t v, 3i f..F�'Y._ L§5l2 y4 RW i- N - AREA 0 1 d sa,4T as 1 t ' 4 r r 5 i $ k h UOLUMEti �iek. kl F r k a e p t f ate- 9 4 Y ri;t y PERMIT', SO.00 ESTIMATED COSTS A ' ti1x'7 J 4 k 3 - (CUB-IC/SOUARE FEET) F "FEE i+�owriER ..Stephen :Boggess ;4� �FfrRoute 6A Qr.leans ''MA } '3 aADORESS f t , wt BUILDING BY ;tr;, �`��r`t.__ ;r < "�+ p .}s..: } +r x'� �" :� t .r, 'rr S ��ST r`i 1 "�$"* F :�� �• .� ..APPLICABLE SUBDIVISION TiICTIOfE'f55i771NLPE'RI.�Tl'D-OFSN6T�tFLE7CSE��N'E:A-PPrlC�NT—FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIM!'M OF THREE CALL ,-APPROVED PLANS MUST BE RETAINED ON JOB AND T:AIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN I PERMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: F3.crToar•et ar. _. .. 1. FOUNDATIONS OR FOOTINGS. MADE. .WHERE A CERTIFICATE OF OCCUP, 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCI MINAL INSPECTION TI TO BEFORE FINAL INSPECTION HAS BEEN MADE. 3. FINAL INSPECTION BEFORE - ' OCCUPANCY. - POST THIS CARD SO IT IS VISIBL BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS fQ 2 . 2 '- HEATING INSPECTION APPROVALS t BOARD OF HEALTH Y OTHER SITE PLAN REVIEW APPROVAL a 3 WORK SHALL NOT PROCEED UNTIL THE INSPEC- , PERMIT +/!L L BECOME NULL AND VOID IF CONSTRUCT ION INSPECTIONS INDICATED ON THIS CARD CAN BE TOR HAS APPROVED THE VARIODUS STAGES OF I WORK 15 NOT STARTED WITHIN SIX MONTHS OF DATE THE ARRANGED FOR BY TELEPHONE OR WRITTEN CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. NOTIFICATION. P 015 496 602` Receipt for Certified Mail No Insurance Coverage Provided Do,not use for International Mail (See Reverse) Sent to Ms Mary B. Boggess Street and No. 56 Ca ri Lane P.O.,State and ZIP Code Chatham, MA 02633 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee _Return Receipt Showing - 0) to Whom&Date Delivered o Return Receipt Showing to Whom, c Date,and Addressee's Address 7 TOTAL Postage C &Fees Postmark or Date Cq r ' ...U. I STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES fees heat). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attachhd and present the article at a post office service window or hand it to I your rural carrier(no extra charge). I I 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the returnCID address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a r_ return receipt card,Form 3811,and attach it to the front of the article by means of the gummed .y ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT C REQUESTED adjacent to the number. C 00 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E 0 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LL return receipt is requested,check the applicable blacks in item 1 of Farm 3811. a 6. Save this receipt and present it if you make inquiry. 102595-93-z-0478 c1�TME r� The Town of Barnstable • fARMA13M .9. Department of Health Safety and Environmental Services Ma+" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner March 6, 1995 Ms Mary B. Boggess 56 Capri Lane Chatham, MA 02633 Re: 88 Yarmouth Road,Hyannis, MA Dear Ms Boggess: We have been working with you to have the above referenced house demolished. Unfortunately, it appears that our efforts to coordinate with you have fallen by the wayside. We are now informing you that you must apply for a permit to raze that structure within 48 hours and raze it within two weeks. We sincerely hope you comply with this letter. If we do not hear from you, the Town will be forced to raze it and lien your title. As you probably are aware, due to the requirements of municipal bidding laws, the costs will be considerably higher if the Town does the work than if you contract the work yourself. Please let us know which course you wish to pursue. Sincerely, Gloria M. Urenas Zoning Enforcement Officer GMU/km Certified Mail P 015 496 602 R.R.R. E'i•.J i_ J. : _ a n t f� 1'\ i'^I .1. i::r H f_.. L i'7 I n E<:.E 1 245715, v; GGEP LAND BLD/E=EATURES BUILDINGS NUMBER Z!`.!/F!_=PRD 37, 600 c'o .:,{7i=3 "A..,.��Cc�'° � ---' -7 45", 900 . BY Coll BY loo, C-INCOME - A=4 a PCS S I IC_" c: rti_ _ F'C�W-:�i�3S. .� 1-'��r=i3t=3 rIZE'�W �1�,.=, E"-'VAL_ �•._I, •c]_3 , LEv=4i_Si% -"CVfIE"i—I I"\It'J LJ14 TO CONTROL AREA A i :•J..::. ----------------------------- PROFESSIONAL AREA E`012 PARCEL CON'T' `IL AREA TREND STANDARD 1 LAND-MEAN ..i.. vy i,'ri:3(3 i_3!: _ 45900 3t_ i i'Y1"'F'{O`,1ELi....hiLr^+E'N ••,_i",/ y_, i _ o Jo FRONT-FT 100 DEPTH/ACRES TA••BLE. 02 4 0 o LOCATION—A ) r•,r,I Y— IAI STAT d .i•?�]/ L!:3�.IW 1 J.LJ14 MI.!t.� AI I � t al•Yrv.-':a, n I J. . LhNR LAND LFT/IMP AS:!JS/SB/ "EAT STR STRUCTURE AF"R AREA:. NEASURE'=MENTS NOR NOTE:.: FUNCTION- L'�iJI 1 MARKET^y INC INCOME !"I�IY"\ PERMITS r_li'"..�". GRAPHIC �- FUrNC 1"ION— STRUCTURE-CARD by i.�— 0 0 DA'i A.'- X 1' j 77 - r � k Engineering Dept. (3rd floor) Ma �-- —�jrcel''^ Permit#- 31 House# Date Issued s 9 ,! r' . Board of Health(3rd floor)(8:15 - 9:30/1:00-- � e u/ ;�--- Conservation Office(4th floor)(8:30-9:30/1:00-2:00) L�4 � 114E NT NU MR 19 -CONNECTION } oard "$NOINE IRIN9 TO MA SJ/3 MTRUCTION •c� 6 9 .� TOWN OF B rEOMAt° , Building Permit Application roject et Address / ,9 i. S Village Owner L Fig//v 71-1,,s/— Address S 7S� AO,,i7 Telephone eO Permit Request '" /� g,,,tt3' t.' First Floor square feet Second Floor square feet Construction Type ALB/ Estimated Project Cost $ 'r " `Az` Zoning District Flood Plain Water Protection Lot Size a /15— Grandfathered ❑Yes CINo Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure d T Historic House ❑Yes p'No On Old King's Highway ❑Yes allo Basement Type: fQ'�11 ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: Existing New Half: Existing O New No.of Bedrooms: Existing „1 New Total Room Count(not including baths): Existing New 0 First Floor Room Count Heat Type and Fuel: @/Gas ❑Oil ❑Electric ❑Other Central Air ❑Yes Q-No Fireplaces: Existing / -New Existing wood/coal stove ❑Yes LWo Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) ❑Attached(size) ❑Barn(size) 214one ❑Shed(size) 41' ❑Other(size) %Z Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes [a'�io If yes, site plan review# Current Use S-I-e Proposed Use M / JZ Builder Information Name L�}-t�//��c P /,mo Cal/C,e, Telephone Number Address License.# (7 �IC 9 9f of Home Improvement Contractor* Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO `P SIGNATURE DATE BUILDING PERMIT DENIED FOR THE F& OWING REASON(S) t FOR OFFICIAL USE ONLY ERMIT NO. DATE ISSUED MAP/PARCEL NO. r , 4 Jt r 4" - S1 ADDRESS ' VILLAGE - OWNER + ". DATE OF`INSPECTION: ' FOUNDATION- FRAME INSULATION` + FIREPLACE ELECTRICAL: ROUGH FINA>✓ • t PLUMBING: I;,,QUGH FINAL _ GAS: ROUGH FINAL t FINAL BUILDING t s r DATE CLOSED OUTS ~µASSOCIATION PLAN NO. , a .rPROPEi T, ADDRESS STATE • I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CLASS I PCS I NBHD ATION NUMBERKEY NO. 0088 YA"RESUESCRIPTION ROAD 7 LAND/OTHER FEA ADJUSTMENT FACTORS LaneB,IDate Dimens,on Y UNIT ADJ'D.UNIT ACRES/UNITS VALUEBOGGESS, MARY B MAP— em/goes LOC./VR.SPEC.CLASS ADJ. COND. P PRICE PRICE #LAND 1 37.600 CARDS IN ACCOUNT — 10 is 1 X .1 =10 387 60 107999.9 250775.9 .15 37600 #OTHER FEATURE 1 8.300 01 OF 01 A #PL 88 YARMOUTH ROAD HY Lost 45VOIr N FOUNDATION U 1 X C= 100 1.01 8331.50 1.00 8300 F #RR 1890 0098 MARKET 60600 D INCOME A USE p APPRAISED VALUE D 45.900 J A PARCEL SUMMARY T U LAND 37600 A S SLOGS T 0-IMPS 8300 M TOTAL 45900 F E N CNST 23000 E N DEEDREFERENC Tv� DATE Recw,ea PRIOR YEAR VALUE A T Book Pegs Inal' MO. Yr.D Sales Price L A N D 37600 T S 8142/03t I,08/92 L 25000 SLOGS 8300 u 5414/220 1:11/86 79900 TOTAL 45900 R 5414/214 1:11/86 A 11 E - BUILDING PERMIT *LAND ADJUST,FOR S Number Dale Type Amount R E I S D E N T I A L..... LAND LAND—ADJ INC ME SE SP—BLDS FEATURE BLD—ADJS UNITS 37600 830 *FIRE—HOUSE OF tenet. rotas year ee�u Nprm. obsv. N O.V A L U E 1/9 3. ------------ Class Units Vnits Base Rate Aej.Rate #cruel Ett. Age ;o'pm Contl. CND. Loc. %R.G. Reps.Cast New Aej.Rapt.Value Stories Haight Rooms Rms Barns I Fix. Partywall Fec. 0 ................ Description Rare Square Feet Repl.Cost MKT.INDEX: IMP.BY/DATE: / SCALE: ELEMENTS CODE CONSTRUCTION DETAIL S T_ .... --------------- -- ------------ R U -------------- --- -------- -------- C --------------- --- - - T --------------- --- ---------------------- U --------------- --- ---------------------- --------------- --- ------------------- R --- A --------------- --- ---------------------- L D E --------------- --- ---------- ------ Total Ar­ Aux Base --------------- -- —-- ------------------ BUILDING DIMENSIONS T A —------- ---- — -- ---------- ----- r. I ` PROFESSIONAL AREA P012 LAND TOTAL MARKET PARCEL 37600 45900 AREA VARIANCE +0 +0 STANDARD 25 TOPOGRAPHY 1 LEVEL * TOPOGRAPHY UTILITIES 2 PUB WATER * UTILITIES 4 GAS * UTILITIES b SEPTIC ST FEATURE 1 PAVED * ST FEATURE * ST FEATURE * ST. COND. * TRAFFIC 3 HEAVY DWELL LOC. 2 MIDDLE * LOCATION * AMENITIES * AMENITIES * NUISANCES i NUISANCES RESIDENTIAL PROPERTY rr — FIRE DISTRICT - LAN SUMMARY f MAP NO. LOT NO. . HyaTLT13 Ei STREET M Yarmouth Rd. 328, 198 �3 se .—0 r_.. H BLDGS. y 0 00 OWNER j�c vu<.-tT� : {�il'� a TOTAL /•/ L LAN D `I O RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: '7 BLDGS. 70 5 D rn -Brito Manuel.J. 3/23/66 1329 965 B TOTAL S`O �J / L 1.Gl: •1 a LAND v S 7 ��Y°2.sht;� %Gn„g: �.sH>d c*•r+.,t • ,, m BLDGS., TOTAL Ll LAN D 0) BLDGS. TOTAL LAND BLDGS. TOTAL LAND .: BLDGS. N TOTAL a LAND BLDGS. Qi TOTAL LAND INTERIOR INSPECTED:- //: _ BLDGS. TOTAL LAND a ACREAGE COMPUTATIONS '. ` c. ...r- BLDGS. rn _ LAND-TYPE - # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HOUSE LOT: '..3'9�� L - LAND CLEARED FRONT D 8 O O .�(o(> "SD �O v REAR BLDGS. TOTAL i .- ',WOODS&SPROUT FRONT /DES a LAND t : REAR — 0) BLDGS. F WASTE FRONT TOTAL c REAR LAN D a BLDGS. -. TOTAL I'+. LAND i �� � BLDGS. 'y LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT. PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND 1 p�' ROUGH TOWN WATER BLDGS. J HIGH GRAVEL RD. TOTAL LOW DIRT RD. HLANDSWAMPY NO RD. LAND COST Donc.Walls Fin. Bsmt.Area Bath Room Q Base i / Y/(� BLDG. COST Conc.Blk.Malls Bsmt.Rec.RoomVIT e St. Shower Bath 7- Bsmt. _ /�� G { :onc. Slab` Bsmt.Garage St. Shower Ext. PORCH. DATE Walls PORCH. PRICE . Brick Walls Attic Fl.&Stairs Toilet Room Roof RENT Stone Walls Fin.Attic 79 U Two Fixt.Bath kAttic 'iers INTERIOR FINISH Lavatory Extra 3smt. (i 1 2 3 Sink r% r: r/iVL' Plaster Water Clo. Extra EXTERIOR WALLS Knotty Pine Water Only louble Siding Plywood No Plumbing in. IS Tingle Siding Plasterboard Int. Fin. Shingles TILING 36 :onc.Blk. G F P Fireplace 4- Y 5-0l Bath Fl. Heat ,I- /O a-: -2 1/ . ace Brk.On Int.layout Bath Fl.&Wains. Auto Ht. Unit / 3 Veneer Int.Cond. Bath Fl. &Walls :om.Brk.On HEATING Toilet Rm. Fl. Plumbing solid Com.Brk. Hot Air Toilet Rm.Fl. &Wains. Steam Toilet Rm.Fl.&Walls Tiling 31anket Ins. Hot Water A St. Shower loof Ins. Air Cond. Tub Area Total Floor Furn. ROOFING COMPUTATIONS 4sDh.Shingle Pipeless Furn. ;7,/ S. F. Nood.Shingle No Heat S.F. Asbs.Shingle Oil Burner S. F. Slate Coal Stoker S.F. file Gas S ROOF TYPE Electric S. F. OUTBUILDINGS Sable Flat S. F. 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 MEAS R D Hip Mansard FIREPLACES S. F. Pier Found. Floor c_E Gambrel Fireplace Stack Wall Found. 0. H. Door LISTED Fl-obps Fireplace Sgle.Sdg. Roll Roofing Conc. LIGHTING Dble.Sdg. Shingle Roof Earth No Elect. DATE, Pine Shingle Walls Plumbing l Hardwood ROOMS Cement Blk. Electric '/� 7 J Asph.Tile Bsmt. 1st TOTAL <�.�2 e9 Brick Int. Finish PRICED Single. 2nd 3rd FACTOR REPLACEMENT 3,� 78 (Ld6) OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. owLG. ZZ a 74.5 U 1 . 2 3 A Q 5 6 7 , 8 9 to TOTAL TOWN OF BARNS'IABLE BUILDING PERMIT I PARCEL ID 328 198 GEOBASE ID 24571 ADDRESS 88 YARMOUTH ROAD PHONE j HYANNIS ZIP i LOT ¢��-~ BLOCK LOT SIZE TyBA n . . DEVELOPMENT DISTRICT HY PERMIT 31344 DESCRIPTION MOV.FROM! 148 LewisBay to,- 88 Yarmouth Rd. PERMIT TYPE tBREMOD TITLE ' RESIDENTIAL ALT/CONY CONTRACTORS: LAWRENCE .M. NADZEIKA Department of Healih, Safety ARCHITECTS, and Environmental Services TOTAL FEES: $124.00 THE BOND CANSTRUCTION COSTS , $40,000.00 753 MISC." �T CODED ELSEWHERE 1 PRIVATE P * BARM3TABLF, + MASS. y. 1639. BUILDI I BY DATE ISSUED 06/03/1998 EXPIRATION DATE I OF A,Ck.4S.�'Slt�W$1�,P„+- r �,x. g ...P cSigL D 32 8 198 •r a GEOBo AS/ 9L�4 D . 45 1 ADDRESS 88ARMO iOAD pHyN a . ZIP afl�}Tp - j , ., �„ ...;LOT�SIZEDISTRICT HY �m � .'......_.. ro,... .. S.dL7ES.• w x ,,, .r.F :tw PKRMIT. 31344 DESCRIPTION MOV-FROG! 148 LewisBay to ,88 Yarmouth Rd. P2; 1�' TYPE � BREHO.i7 TITLE Y RESIDENTIAL ALT/ClONV CONTRA.`VORS= LA ENCI, M= _ ikl Department•of Health, Safety ' ARCHITECTS: !and Environmental Services •TOTAL FEES;' $124,00 . BOND $.00 �• CONSTRUCTION CO TR 4J. 40,bC o.OCD 1..�3 MISC. C3 CODE :FLU , _ 1 .1 FRIV �.(*. " . . BARNSTABLE, • y MASS. 0 9. Ills �. BUILDIN `IVI I . .- -BY - 414 THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR-CALL.INSPECTIONS REQUIRED FOR ALL,--CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATION$•OR F..00TINGS. THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING,;STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- . (READY TO'LATH) PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE r ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. s BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL w WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVEDTHE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. BUILDING PERMIT PETER M. DAIGLE ATTORNEY AT LAW 1550 Falmouth Road, Suite 6 Centerville, MA 02632 TELEPHONE: (508) 771-7444 FACSEMH E: (508)771-8286 May 30, 2000 Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: 88 Yarmouth Road,Hyannis, MA Dear Mr. Crossen: This letter is in response to your determination as to the buildability of the referenced lot. I have enclosed some additional supporting data to further my claim that there was an intention to permanently move a house on the site. 1::,. . -A-letter dated March 6, 1995, from Gloria M.'Urenas, Zoning Enforcement Officer condemning the structure and order to raze. 2. A letter dated March 14,,1995, from Ms. Urenas indicating the building had been razed. 3. A copy of the engineer's plan dated May 29, 1998 showing the proposed new building location 4. A copy of the license and permit bond dated June 2, 1998. Certainly as to the"spirit and intent", as you describe it,to work within the three-year abandonment rule, the applicant went to great expense at the time to have the lot engineered for a specific house, obtained a bond and permit to relocate an existing house to the locus, and received a permit from the Town of Barnstable. Unfortunately, at the time,the applicant had a contractual dispute with the builder, whereas, a foundation was never completed and the house removed. However,the applicant at all.times acted in good faith. After reviewing the documentation submitted herewith, I would appreciate meeting with you' to discuss the issues. Sinc e v r ter M. Daigle - b OF Uwe fps The Town of Barnstable � Department of Health Safety and Environmental Services '0�� t► Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 3,2000 Peter M.Daigle,Esquire Attorney at Law 1550 Falmouth Road Centerville,MA 02632 Re: 88 Yarmouth Road,Hyannis,MA Dear Attorney Daigle: I have received your letter of 5/30/00 and all supporting documentation and still am of the belief that 88 Yarmouth Road is not a buildable lot. You have the right to appeal this decision,if you so choose. We will be more than happy to assist you. Sincerely, Ralph M.Crossen _ Building Commissioner RMC:cah F. f g000703a The -�- : e Town of Barnstable �,�8' Department of Health Safety and Environmental Services Fo Mr. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 k Building Commissioner f March 6, 1995 Ms Mary B. Boggess 56 Capri Lane Chatham, MA 02633 Re: 88 Yarmouth-Road, Hyannis, MA Dear Ms Boggess: We have been working with you to have the above referenced house demolished. Unfortunately, it appears that our efforts to coordinate with you have fallen by the wayside. We are now informing you that you must apply for a permit to raze that structure within 48 hours and raze it within two weeks. We sincerely hope you comply with this letter. If we do not hear from you, the Town will be forced to raze it and lien your title. f As you probably are aware, due to the requirements of municipal bidding laws, the costs will be considerably higher if the Town does the work than if you contract the work yourself. Please let us know which course you wish to pursue. Sincerely, Gloria M. Urenas Zoning Enforcement Officer . GMU/km Certified Mail P 015 496 602 R.R.R. 4 BARNSTABM The Town of Barnstable 6'9. Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crosse: Fax: 508-790-6230 Building Com:: =joner March 14, 1995 Ms Mary B. Boggess 56 Capri Lane Chatham, MA 02633 Re: 88 Yarmouth Road, Hyannis, MA Dear Ms Boggess: The above referenced building was razed by Mr. Lawrence Donovan on March 13, 1995. The Town is completely satisfied with the job. The appropriate Town agencies will be notified. Sincerely, Gloria M. Urenas Zoning Enforcement Officer GMU/km cc: Lawrence Donovan • N 71 a N: /2 o•ls�SsAc, RIJ o R, : a i�9 •ems�� ' � �� \� j,�' � o , i 757 I H2=REBY I FY -rl+aT 'Ve-,.J R.Aw : };4 OwtJ Q.L�1 P-rl 4 E r3 f I LS7!�.Y ? Po w -1-�•E o+J r l ' t�,M E 5! �FU2TH t=1� t'=i't FY 1-44 �}{O vy�.1 �>=5 N oT ��a1.s.-w i•r t�i►S ai�-r�" AS ) �o►JE �c " va FI%zm i - 7r -7r ��, p.O 1 f: I 1 Z9 RJ 7-F-05E5 9'J L-`( 5 N OT TO SE USetP r7w;E-i i47Tt1►J E NST LJ M - `jN OF A/qs c o EDWARD A. 1211-2 �. 0.28920 �,�' 1tG Ac IS1 o5�xp tZ- NA A P 3:8 ►��.� a I�we.tzo o., �rar`I E -PL• 980 r11 -75 > �►�'!^;s rF Del I rJ ' dD Western Surety Company LICENSE AND PERMIT BOND For County, City,Town or Village Only-Not Valid for Bond%Required by the state.Not Valid for Contract, Performance. Maintenance, Subdivision.Agent to Sell Hunting and Fishing Licenses or Utility Guarantee Bond. KNOW ALL MEN BY THESE PRESENTS: BOND No. L&P-4 2i7 0 2�7 0 5 That we, K & L Realty Trust of the Town of _ Hyannis , State of MA , as Principal, and WESTERN SURETY COMPANY, a Corporation duly licensed to do business in the State of MASSACHUSETTS , as Surety, are held and firmly bound unto the Town of Yarmouth Statc of MA ,Obligee, in the amount (Valid only when a County, City,Town or Village is named as Obligee) of Three hundred and forty dollars DOLLARS ($ 340 - 00_ ), (NOT VALID FOR MORE THAN$25.000) lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal has been licensed to travel over roadways to move a struct 198 Yarmouth Road Yarmouth MA by the Obligee. NOW THEREFORE, if the Principal shall faithfully perform the duties and comply with the laws and ordinances (including all amendments), .pertaining to the license or permit, then this obligation to be void, otherwisb:''`t4`:�±emain in full force and effect for a period commencing on the 2nd day of Jun�;:a�•'.. 1998 , and ending on the 2nd day I 1999 , unless renewed by continuation certificate. �Thrs-bblici y7ri b'terminated at any time by the Surety upon sending notice in writing to the Obligee and to }le iilcipal, in e_o�the Obligee or at such other address as the Surety deems reasonable, and at the expira- €ian•o£-thirty-five (3�r)xlays from the mailing of notice or as soon thereafter as permitted by applicable law, viw iclieveris iater.,;&Iond shall terminate and the Surety shall be relieved from any liability for any subsequent knih e Principal. d 'day of June1998 i Principal Principal • Countersigned WEST ERN U Y COMPANY �lEv 1,��Jcy�cl, By Resident Agent - President : ACKNOWLEDGMENT OF SU TY STATE OF SOUTH DAKOTA as (Corporate Officer) County of Minnehaha On this 2nd day of June 1998, before me, the undersigned officer, personally appeared Joe P. Kirby ,who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY; a corporation, and that he as such officer,being authorized so to do, executed the foregoing instrument for the purpose therein contained, by signing the name of the corporation by himself as such officer. ; IN WITNESS WHEREOF, I have hereunto set my hand and official seal. S. SARNES ' ns NOTAAYPUHLlC .v.�� .c Notary Public, South Dakota SOUTH OAKOTA MY Cum,,,ieeton r..rir«122 B9 I Western Surety Company ' Form sae—6.99 1-605-336-0850 TOTAL P.02 ,.,Flpr 04 01 09: 18p Mark H. Jones ' 50EI 748 9628 p. 2 i' MAScheck COMPLIANCE- REPORT __- Massachusetts Energy Code I Permit # MAScheck Software Version 2 .01 :Release 2 I Checked by/Date CITY: Barnstable STATE: Massachusetts HDD: 6137 CONSTRUCTION TYPE: 1 or 2 Family, Detached 'T TYPE: Other Non-Electric Resistance) � HEA`1_NG SYSTEM ( _ DATE:: 4-4-2001 DATE OF PLANS: 04/04/01 TITLE: real estate venture trust PROJECT INFORMATION: cape w/ attached garage COMPANY INFORMATION: mascheck NOTES: ande:rsen windows and stanly doors fig. COMPLIANCE: PASSES Required UA = 336 Your Home = 298 Area or Cavity Cont. Glazing/Door Perimeter R-Value R-Value U-Value ---------------------------------------------------------------------------- CEILINGS 896 . 30 . 0 0. 0 WALLS: Wood Frame, 16" O.C. 1692 1:3.0 0'.0 1 GLAZING: Windows or Doors 247 0. 330 GLAZING: Skylights 16 0. 450 DOORS 41 0.400 DOORS 41 0.330 FLOORS: Over Unconditioned Space 896 19. 0 0. 0 HVAC EQUIPMENT: Furnace, 85: 0 AFUE COMPLIANCE STATEMENT: The proposed building design described here is consistent with the building plans, specifications, and other calculations submitted with the permit application. The proposed building has been designed to meet the requirements of the Massachusetts Energy Code. The heating load for this building, and the cooling load if appropriate, has been determined using the applicable Standard Design. Conditions found in the Code. The HVAC equipment selected to hea_ or cool the building shall be. no greater than 125% of the design load as specified in Sections 780CMR 1310 and J4 .4 . flpr 04 CI1 09: 19p Mark H. Jones 50EI 748 9628 p. 3 v Builder/Designer Dote _ 3 el�o '----"--- --�-- -Uf-- z `Fipr 04 01 09: 19p Mark H. Jones 50EI 748 9628 p. 4 Massachusetts Energy Code MAScheck Software Version 2.01 Release 2 real estate venture trust DATE: 4-4-2001 Bldg. ( Dept. I Use ( CEILINGS: [ ] ( 1 . R-30 Comments/Location I ( WALLS: [ ( 1. Wood Frame, 16" O.C. , R-13 ( Comments/Location ( WINDOWS AND GLASS DOORS: [ ] I 1 . U-value: 0.33 ( For windows without labeled U-values, describe features: i # Panes Frame Type Thermal Break? [ ] Yes [ ] No ( Comments/Location ( SKYLIGHTS: [ l I 1 . U-value: 0. 45 . . ( For skylights without labeled U-value;;, describe features: ( # Panes Frame Type —_ Thermal Break? [ ] Yes [ ] No ( Comments/Location---- -- ------ --------- -- -- ( DOORS: [ l I 1 . U-value: 0.4 ( Comments/Location [ ] I 2. U-value: 0.33 ( Comments/Location----------------- -- - -------- - -_ ----- - - i ( FLOORS: [ ] ( 1 . Over Unconditioned Space, R-19 ( Comments/Location i . ( HVAC EQUIPMENT: [ ] ( 1. Furnace, . 85.0 AFUE or higher ( Make and .Model Number i AIR LEAKAGE: [ ] I Joints, penetrations, and all other such openings in the building I envelope that are sources of air leakage must be sealed. When ( installed in -the building. envelope, recessed lighting fixtures shall meet one of the following requirements: ( 1. Type IC rated, manufactured with no penetrations between the ( inside of the recessed fixture and ceiling cavity and sealed or I gasketed to prevent air leakage into the unconditioned space. 2. Type IC -rated, in accordance with Standard ASTM E 283, with no I more than 2.0 cfm (0.944 L/s) air movement from the the ( conditioned space to the ceiling cavity- , The lighting fixture ,Fier 04 01 09: 19p Mark H. Jones 508 748 9628 p. 5 I shall have been tested at 75 PA or 1 .57 lbs/ft2 pressure I difference and shall be labeled. l . VAPOR RETARDER: ( ) I Required on the warm-in-winter side of all non-vented framed ceilings, walls, and floors. MATERIALS IDENTIFICATION: [ ] I Materials and equipment must be identified so that compliance can I be determined. Manufacturer manuals for all installed heating I and cooling equipment and service water heating equipment must be I provided. Insulation R-values, glazing U-values, and 'heating I equipment efficiency must be clearly marked on the building plans ! or specifications. I - DUCT INSULATION: [ ] I Ducts shall be insulated per Table J4 .4 .71 .1 . DUCT CONSTRUCTION: [ ] ( All accessible joints, seams, and connections of supply and return _ ! ductwork located outside conditioned space, including stud bays or I joist cavities/spaces used to transport air, shall be sealed I using mastic and fibrous backing tape installed according to the I manufacturer' s installation instructions . Mesh tape may be I omitted where gaps are less than 1/8 inch. Duct tape is not I permitted. The HVAC system must provide a means for balan(.:•ing I air and water.systems. ( TEMPERATURE CONTROLS: [ ] I Thermostats are required for each separate HVAC system. A manual I or automatic means to partially restrict or shut off the heating I and/or cooling input to each zone or floor shall be provided. • I HVAC EQUIPMENT SIZING: [ ] I Rated output capacity of the heating/cooling system is I not greater than 1250 of the design load as specified I in Sections 780CMR 1310 and J4 .4 . I ( SWIMMING POOLS: [ ] I All heated swimming pools must have an on/off heater switch and I require a cover unless over 20% of the heating energy is from I non-depletable sources. Pool pumps require a time clock. I I HVAC PIPING INSULATION: [ ] I HVAC piping conveying fluids above 120 F or chilled fluids I below 55 F must be insulated to the following levels (in. ) : PIPE SIZES (in. ) HEATING SYSTEMS: TEMP (F) 2" RUNOUTS 0-1" 1 .25-2" 2 . 5-4 I ' Low pressure/temp. 201-25.0 1.0 1.5 1 . 5 2 . 0 I Low temperature 120-200 0.5 1.0 " 1 .0 1.5 Steam condensate any -1. 0 1.0 1 .5 2.0 COOLING SYSTEMS: Chilled water or 40-55 0.5 0.5 0 .75 1.0 s .rftpr 04 01 09: 20p Mark H. Jones 50EI 748 9628 p. 6 I refrigerant below 40 1.0 1.0 1.5 1.5 1 CIRCULATING HOT WATER SYSTEMS: [ } Insulate circulating hot water pipes to the following levels (in. ) : I I PIPE SIZES (in. ) NON-CIRCULATING I CIRCULATING MAINS RUNOUT N HEATED WATER TEMP (F) : RUNOUTS 0-1" I 0-1.25" 1.5-2.0" 2 .0+ 170-180 0.5 ( 1.0 1.5 2 .0 I 140-160 0.5 0.5 1.0 1.5 I 100-130 0.5 0.5 0.5 1.0 ----NOTES TO FIELD (Building Department Use Only) ------------------------- J . i I03PAY.24.2001.C; 2:55PM3877PLANNI^IG ANNIE BFCAL N0.949 P.5f 4C.L n� C w A T I ON a �e a®a arre� 7MAR2001 e #YSTVM � r��aMIN� TOWN OF BARNSTABLE 7"NING BOARD OF APPEALS rt� X44 ooal�o r R, NNITe R �iliC9 �i r.a�ev0os 4: ;i III �w 1 GLR. umi Te wim o4wo 6I I � f 5 l 0C CLCVAT e awe® I'm w 1 '� LICENSED ROAD OPENING CONTRACTORS LIC# INSTALLER ST# STREET 2ND ADDRESS TOWN STATE ZIP PHONE FAX 0 BRENTWOOD CONSTRUCTION CORP. 550 WILLOW STREET HYANNIS MA 02601 775-3357 775-7238 95002 NE UTILITY CONSTRUCTIONS, INC. 143 SPRING STREET P.O.BOX 698 EVERETT MA 02149 617-389-5500 617-389-4896 95003 BAY COLONY CONSTRUCTION INC. 139 SULLIVAN ROAD WEST YARMOUTH MA 02673 778-6634 778-6634 95004 ROBERT B.OUR CO., INC 24 GREAT WESTERN ROAD P.O. BOX 1539 HARWICH MA 02645 432-0530 432-7057 95005 BARNSTABLE WATER COMPANY 47 OLD YARMOUTH ROAD HYANNIS MA 02601 775-0063 790-1313 95006 ABCO CESSPOOL&CONSTRUCTION 81 CAMMETT ROAD MARSTONS MILLS MA 02648 477-0349 477-0349 95007 CENTERVILLE-OSTERVILLE WATER DEPARTMENT 1138 MAIN STREET OSTERVILLE MA 02655 428-6691 428-3508 95008 BAY STATE PIPING CO., INC. 174 AIRPORT ROAD HYANNIS MA 02601 775-9268 775-9329 95009 SYLVESTER&SONS 158 SANDWICH ST. WAREHAM MA 02571 95010 C.C.CONSTRUCTION, INC. 176 UNDERPASS ROAD BOX 2368 BREWSTER MA 02631 896-2879 896-8130 96011 NORTHERN PAVING 20 CANDLEWOOD LANE P.O.BOX 995 DENNISPORT MA 02639 398-9474 398-0955 96012 R.H.WHITE CONSTRUCTION CO., INC. 41 CENTRAL STREET P.O.BOX 257 AUBURN MA 01501 508-832-3295 508-832-6751 96013 IANNUCCILLO&SONS CONSTRUCTION CO. 70 CALVERY STREET PROVIDENCE RI 02903 401-3518877 401-351-5884 96014 CROWLEY CABLE CONSTRUCTION, INC. 24 COMMERCE ROAD P.O.BOX 319 POCASSET MA 02559- 08-564-6499 564-7639 97015 FARRELL ELECTRIC P.O. BOX 253 NORTH EASTHAM MA 02651 508-255-1697 255-1735 97016 CAVOSSA EXCAVATING, INC. 95 TURNPIKE STREET W. BRIDGEWATER .MA 02379 508-588-2236 508-587-9433 97017 WM.E. ROBINSON SEPTIC SERVICE P.O. BOX 1089 CENTERVILLE MA 02632 508-775-8776 790-1694 BARNSTABLE FIRE DISTRICT WATER DEPT. 1841 PHINNEY'S LANE BARNSTABLE MA 02630 362-6498 CAPE COD CABLEVISION 10 OLD TOWN HOUSE ROAD SOUTH YARMOUTH MA 02664 771-3700 COLONIAL GAS CO 127 WHITES PATH SOUTH YARMOUTH MA 02664 394-9851 COM/ELECTRIC P.O. BOX 790 HYANNIS MA 02601 1800-642-7030 COTUIT WATER COMPANY 4300 FALMOUTH ROAD COTUIT MA 02635 428-2687 NEW ENGLAND TELEPHONE 44 OLD TOWN HOUSE ROAD SOUTH YARMOUTH MA 02664 398-5771 JOHN A AALTO BACKHOE SERVICE 150 WALNUT STREET MARSTONS MILLS MA 02648 NUCCI VINE ASSOCIATES 253 LOW STREET NEWBURYPORT MA 01950 97026 BORTOLOTTI CONSTRUCTION 45 INDUSTRY ROAD P.O.Box 704 MARSTONS MILLS MA 02648 428-8926 98001 EARLY&SONS, INC. 58 SOUTH KIMBALL STREET BRADFORD MA 01835 978-374-8033 978-374-1876 98002 MIRRA CO, INC 6 NORINO WAY BOX 399 GEORGETOWN MA 01833 978-352-7879 978-352-7172 98003 R.J. BEVILACQUA CONSTRUCTION BOX 628 FORESTDALE MA 02644 508-833-4899 508-833-4899 98004 A&B CANCO 350 MAIN STREET W.YARMOUTH MA 02673 508-775-2800 508-778-9628 98005 SOIL EXPLORATION CORP. 148 PIONEER DRIVE LEOMINSTER MA. 01453 978-840-0391 978-537-9918 98006 DL MAHER CO. BOX 127 NO. READING MA 01864 781-933-3210 508-664-3299 98007 R.J. NARDONE CONSTRUCTION INC. BOX 262 SO. DENNIS MA 02660 508-394-4177 508-394-6310 98008 99001 DANKRIS BUILDERS CORP 12 BOW STREET PLAINVILLE MA 02762 508-695-4066 508-695-5866 99002 RANDOLPH E. HARNOIS BOX 511 MARSTONS MILLS MA 02648 508-428-5054 99003 WIRELESS FACILITIES INTERNATIONAL 20 INDUSTRIAL DRIVE NASHUA NH 603-598-9850 99004 SHANNON CONSTRUCTION CORP. PO BOX 793 BRIGHTON MA 02135 800-286-4595 617-787-9426 99005 CROWELL CONSTRUTION, INC. PO BOX 309 ISO.DENNIS MA 02660 508-398-8334 508-394-4083 99006 WMC CONSTRUCTION, INC. PO BOX 2607 ISEABROOK NH 03874 603-860-5028 1990071 LAWRENCE-LYNCH CORP. PO BOX 913 IFALMOUTH IMA 02541 Pagel E3k: 1 PG242 SOS42 02 O r QUITCLAIM DEED CAPE COD MORTGAGE TRUST,INC., a Massachusetts corporation with a principal place of business at P.O. Box 280, Orleans, MA 02653, for consideration of Forty Three Thousand Six Hundred and 00/100 ($43,600.00) Dollars paid, grant to MICHAEL J. BECAL,TRUSTEE OF REAL ESTATE VENTURES TRUST, u/d/t dated November 1999 and recorded at the Barnstable County Registry of Deeds herewith, of 118 Pine Street, Hyannis, MA 02601 ry with QUITCLAIM COVENANTS y The parcel of land with any buildings thereon, situated in Barnstable(Hyannis), Barnstable County;Massachusetts, located at 88 Yarmouth Road, Hyannis, Barnstable County, Massachusetts and bounded as follows: , t WESTERLY, by Railroad Avenue (known as Yarmouth Road), eight-seven(87)' feet, more or less; NORTHERLY by land now.or formerly of Junes B. O'Brien, sixty-four(64) feet, more or less; EASTERLY by land now or formerly of Mary A. Bacon, eighty-seven(87) feet, more or less; SOUTHERLY 'by land now,I r formerly of Louis S. Koenig, eighty-nine (89) feet, more or less. Subject to and together with all matters of record insofar as the same are now in 3 force and applicable. For title reference see`deed recorded at the 13arnstable,County Registry of Deeds at Book 11493, Page 075: r ' The subject premises do not constitute all or substantially all of the:assets of the Grantor, and the sale of said premises is made in the ordinary course of business. r Town of Barnstable Office of Town Manager Decision and Notice of Hardship Exemption Michael Becal,Trustee, Real Estate Ventures Trust Summary: Granted Applicant: Michael Becal,Trustee,Real Estate Ventures Trust Property Address: 88 Yarmouth Road, Hyannis, MA 02601 Assessor's Map/Parcel: Map 328 ,Parcel 198 Date of Hearing: May 14,2001 - Town Manager's Designated Hardship Panel Members: Emmett Glynn,Thomas Lynch,James McGillen Request: In accordance with Paragraph 13 of the Cape Cod Commission's Decision of "Acceptance of District of Critical Planning Concern (DCPC) Nomination", dated March 15th, 2001, and the Regulations for Evaluating.Hardship Applications dated March 29, 2001, the applicants have requested that the Town Manager grant a hardship exemption to allow for the issuance of a Building Permit. Materials Submitted: Completed Application for Building Permit Exemption Based Upon Substantial Hardship, (undated) with various attachments. Summary of Evidence Submitted: 1. A foreclosure sale is scheduled for the property and the lot in question will be foreclosed upon if the building permit is not immediately issued. 2. The applicant has been engaged in the town's permitting process for several years. 3. The applicant represented that the inability to immediately obtain a building permit will result in financial insolvency. After reviewing the documents submitted and taking testimony, a motion was made and duly seconded as follows: We find substantial and significant hardship if a building permit is not issued.. Vote: Aye: Lynch,McGillen, Glynn Based upon the findings of substantial hardship by the Designated Hearing Panel, I authorize an exemption from the limitation placed upon the issuance of residential building permits for the a 1 I r property located at 88 Yarmouth Road, Hyannis,MA 02601. (Map 328,Parcel 198). As stated in the Cape Cod Commission's acceptance, all permits issued as hardship exemptions shall be counted as part of the annual-capped total under the Implementing Regulations to be adopted. LL John C.Klimm,Town Manager Date Signed 2 t The Town of Barnstable Aft Office of'Gown Manager 0)9�. •� 367 Main Sir n.-t,Hyannis MA 02601 Office: 508-862-46:G John C.KUmm,Town Manager Fax: 508-790-62:5 Joellen J.Daley,Assistant Town Manager Appli ration for Building Permit Ex !:nption Based Upon Substantial Hardship Date Rec."Wed For office use only: Town M.:nager's Office: _ Hearing Date, Decision Date: The undt t signed hereby applies to the Tc%m Manager for a Hardship Exemption; in the manner t :,.d for the reasons set forth belo . Michael Becal, Trustee of Applicrr : Name: Real Estate Ventures Trust Phone: 508-167—SR2F Appliczzu : Address: 34 Circuit Avenue, Hyannis, MA 02601 Property Location: 88 Yarmouth Road, Hyannis MA 0 26 n 1 Property Owner: Real Estate Ventures Trust Address :f Owner: 34 ri rrn; t Phone: 508-367-5826 If applicant differs ft;m owner, state nature of interest:" Assess,) i Map/Parcel Number: Number of Years Owned: 1 1 /2 . Does dit .property have any existing pet ri is issued to it? No Type of 'ermit: _ Expiration Date: Type of ':=it: _ Expiration Date: Type of •,—.-mit: _ Expiration Date: *if the al licant differs from o%%-ncr, the spi 1 cant will be required to submit one original notarizcc !eacr, copy of a proposed purchas: & sales agreement, or other documents with the applica:i! to prove standing interest in the ,irdship. Attachment for Michael Becal The lot was purchased in November, 1999,due to its buildability in our opinion per our enclosed copy of permit issued to K&L Trust in April of 1998. It was purchased at fair market value at the time at $43,500. The Building Commissioner rejected my permit in November due to abandonment. We then appealed the decision to the Zoning Board of Appeals and from July, 1999, until March, 2001, have been in front of the Zoning Board of Appeals 5 times and finally received my preliminary approval on April 5, 2001 for a single family home. To date I have spent in excess of$20,000 between legal fees and engineer drawings. Per my agreement with Cape Cod Mortgage,I am on my final extension and will lose my land to the bank on May 15, 2001. At this time, no bank will lend on my property without a building permit. I currently owe $18,000 on the property. -2_ Have you :een denied an extension of an} of the above permits? N/A Type of P :-mit: _ Denial Date: Type of P :.-mit: _ Denial Date: Type of: :-mit: Denial Date: Building ermit application submission&-.te: November, 1999 . Lotter• d: te: April 26, 2001 _ Please de .ribe how the failure to obtain )uilding permit has caused substantial personal : nit financial hardship: See attached. Attach additional sheet if necessary. Please 1>(. .:ure to attach all supporting do imentation to substantiate the hardship claim. Example )f the types of documentatior i at may be included appear under Section B. on the atta,:l ,d document entitled "The To-.k r Manager's Regulations for Evaluating Hardsh:l- .kpplications Submitted Durinc -he Pendency of the DCPC Nomination." Signed a :.ier the penalties of perjury. Signa!ur __ Date: Repress► ..hive's Addres.; Phone: j The Town.-A Barnstable AM Office of own Manager 39. 367 Main Strec t.Hyannis MA 02601 Office: 508-862-4610 John C.Ktinun,Town Manager Fax: 508-790-6226 Joellen J.Dalcy,Assistant Town Manager THE T -VN MANAGER'S REGUL.1;'IONS FOR EVALUATING HARDSHIP APPLI ',1`TIONS SUBMITTED Dt':Z1NG THE PENDENCY OF THE DCPC NOM:IIATION. Pursuant :. paragraph 13 of the Cape Co(f :ommission's decision "Acceptance of District of Critical 1anning Concern (DCPC)No:r.:nation" dated March 15th, 2001, the Town Manage.- c t ie Town of Barnstable adop , hese regulations to establish a process whereb,, a ) icants may make application :)r an exemption from the limitations placed upon the i. uance of residential building n;mits based upon substantial hardship, financial c c therwise. A. All ot• ; .e following threshold criterir nust be satisfied before a hardship exempt:(,. will be considered by the T(,,a Manager and or/his designee(s): 1) The ::r:r cant must have submitted a c ;.pleted building permit application to the Buildin,,i .)'iamissioner. 2)The ::} } J ation must have been throuE 1 it least one building permit lottery. 3) The is ant must complete the appli : ion for hardship on the forms provided by the Town o r 1 mstable and provide any doc:: r entation requested in the application form. B. If an :i .).icaut has satisfied the abo v - threshold criteria, the applicant, at a hearinc t, be held by the Town Maaagc r and/or his designee(s), must then demon:.0 ;( that the failure to receive : wilding permit during the lottery process bas cnt:se the applicant,substantial h:t dship, financial hardship or otherwise. In makia, o determination as to whetl t i the applicant shall receive an exempt permit :3: e J upon substantial person:.] :..ad financial hardship, the Town Manager and/or lri designee(s) may consider th. fallowing criteria: 1) Wh0 t-ie applicant has received a s. :vial permit, variance, disposal works permit, order c t.iitions, certificate of approp:i : eness or any other permit from the Town of Barnst. .,r the construction of a sing]! imily home on the parcel in question,which will ex.,i. ):lapse unless a building per t i is obtained immediately and the permit grantit:!� a.ority has refused to extend :: i I permit. 2) Whemc� ;Ee applicant has signed a con, ruction contract on or before February 28, 2001 for 0 construction of a single fami!} tome on the parcel in question and paid a deposit the con, which deposit will be los°. ialess a building permit is obtained immedi-:t�- which loss will constitute sO �tantial financial hardship. (Copies of the contract ar : a check negotiated before Fez-Mary 28,2001 shall be provided). 3)Whet:tc: Ie inability to immediately o ;.in a building permit has resulted.or will result in ti: .u:cial insolvency.. 4) Whet:t: :l.e applicant has entered into : ;purchase and sales agreement for his/her current r_:: :c nce before February 28, 2001 vhere the buyer has satisfied the mortgage and othk r r:tingencies and the applicant l s executed a construction contract and has a deposit ,. h -1 negotiated prior to Februar..• ;8, 2001 for a new single family dwelling on the parc: :. opies of the purchase and sa. : agreement, executed construction contract, cancellc I ; .eck and_progf that the mortgai a and other contingencies have been satisfied shall be •)r i ded). 5) Where t;ie inability to obtain a buildi: = permit immediately will jeopardize the health aft : aety of the applicant. The app:ic. n- shall provide any additiona .tformation or documentation that is deemed by the ?;;% .t Manager and/or his designee: s►necessary to evaluate the application. After hearing. '- "own Manager and/or his de.- :nee(s)shall issue a written,decision on the request Date: 29, 2001 Attachment for Michael Becal The subject lot was purchased in November, 1999 based on an opinion letter issued to K&L Trust in April of 1998, a copy of which is enclosed. It was purchased at fair market value which at the time was$43,500. Upon application for a building permit, the then Barnstable Building Commissioner rejected my permit in November, 1999 due to abandonment. The applicant then appealed the decision to the Zoning Board of Appeals and from July, 1999 until March, 2001, have made numerous appearance before the Zoning Board of Appeals 5 times receiving preliminary approval on April 5, 2001 for a single family home. To date,the applicant has spent in excess of$20,000 between legal fees, interest costs and engineering. As per the agreement with Cape Cod Mortgage Trust,who holds the first mortgage, the applicant is on a final extension and foreclosure proceeding have been suspended until May 22, 2001. I am unable to obtain other financing without a building permit. I CIS ID: BK-VUL7FAUE SALEDATEQ u v t JA[,v r. w..� APE COD MORTGAGE TRUST INC 11493/075 06/11/199 U V 1 lA OGGESS,MARY B 8142/037 08/15/199 U I 25,000 L ERRO,RONALD C TRS 5414/220 11/15/1986 Q I 79,900 RITO,STEVEN M 5414/219 11/1511986 U I 11 A T1RITO,MANUEL J 1329/965 Q p ota: 16,8uui Total.1 , ota: 6,f earyp escrrptron mountits signature acknowledges a visit y q Data o eclor or ssesso, c Comm.-Int. APPRAISED VALUE SUMMA:RY Appraised Bldg.Value(Card) Appraised XF(B)Value(Bldg) O told Appraised OB prais d()Value(Bldg) Appraised Lan Value(Bldg) 40,9( Special Land Value REISDENTIAL..... •"•••"......•. Total Appraised Card Value 40.9, *FIRE-HOUSE OF Total Appraised Parcel Value 40,91 Valuation Method: NO VALUE 1/93... Cost/Market Valuatir of'I ofal�ppraise lc-Par ceT —Value— --- 40;9C ER]GIITKSC Permit JD_ STURY ssue ate ype Description mount Insp.Date o Uomp. Date Comp. Comments Date ID Gd. PurposelResult se o e Description one rontage Depth Units Unit Price actor actor I Nbh Adj. I Notes-Ailjl3pecial Pricing I Adj. unit Price Land Value . o es: , To M ar an nun U.15TXUI ParcelTotal am rea: nm my rrnn Property Location: 88 YARMOUTH ROAD MAP ID: 328/198/// Ot/�er ID: Vision ID:27949 Bldg#: 1 Card 1 of 1 Prirrt Date: 04/27/2001 ement Description ommercra ata ements y e ype scan an ement Description odel 0 Vacant Heat& rade Frame Type Baths/Plumbing tones ccupancy Ceiling/Wall ooms/Prtns -xterior Wall 1 Y.Common Wall 2 Wall Height oof Structure oof Cover nterior Wall 1 Pa . t o e escrrptron actor 2 ex nterior Floor 1 dj 2 ocation s eating Fuel r of Units eating Type r of Levels C Type ership edrooms athrooms . ase to otal Rooms dj.Factor .00000(Q)Index .00ath T e ase Rate 00 .tchen S le Value Newry uilt ff.Year Built rml Physcl Dep uncnl Obslnc con Obslnc pecl.Cond.Code pecl Cond% o e. escrr tron ercenta a verall%Cond. LAINU eprec.Bldg Value o e escrrp Ion n nrt rice r. p.. t o n pr. a ue o e Description rvrng rea ross rea . rea nit 0st n eprec. n ue STATE TAX FORM128 THE COMMONWEALTH OF MASSACHUSETTS ERReceived USEONLY Rev.8/97 NAME OF CITY.TOWN OR DISTRICT . Fiscal Year APPLICATION FOR ABATEMENT OF ❑ REAL PROPERTY TAX ❑ PERSONAL MASS.General Laws Chapter 59,Section 59. THIS APPLICATION IS NOT OPEN TO PUBLIC INSPECTION. (See General Laws Chapter 59,Section 60.) Must be filed with Board of Assessors not later than due date of first actual not preliminary) tax payment for fiscal year. 1. TAXPAYER INFORMATION: A. Name(s)of Assessed Owner: B. Name(s)and Status of Applicant(if other than Assessed Owner): Subsequent Owner(Acquired Title After January 1 onEl ) Administrator/Executor. MortgageeEl Lessee. Other. Specify: C. Mailing Address and Telephone No.: Address Tel No. ' D. Soc.Sec./Taxpayer ID No.(optional): E. Amounts and Dates of Tax Payments: 2. PROPERTY IDENTIFICATION:Complete using information as it appears on tax bill. A. Tax Bill No.: B. Assessed Valuation: S C. Location: No. Street Zip D. Description: Real: Parcel Identification No.(Map-Block-Lot) Land Area Class Personal: Property Type(s) 3. REASON(S)ABATEMENT SOUGHT:Check reason(s)an abatement is warranted and briefly explain why it applies. Continue explanation on attachment if necessary. Overvaluation. Incorrect Usage Classification.Disproportionate Assessment. Other.Specify: Applicant's Opinion of: S Class . Value Explanation: 4. SIGNATURES: SUBSCRIBED THIS DAY OF ,UNDER THE PENALTIES OF PERJURY. SIGNATURE OF APPLICANT IF NOT AN INDIVIDUAL,SIGNATURE OF AUTHORIZED OFFICER Title (Print or Type)Name Address Tel.No. IF SIGNED BY AGENT ATTACH COPY OF WRITTEN AUTHORIZATION TO SIGN ON BEHALF OF TAXPAYER. SS OF THE FILING OF THIS APPLICATION DOES NO STAY H CHARGES,COLLECTION LLECIOH8 TAX SHOUL.TO AVOID D BE PAID AS ASSESSEDEAL RIGHTS OR ADDITION OF INTEREST AND OTHER CO See Reverse Side for Important Information. JOVERI Form 876-877 Rev.8/97 APPLICATION FOR ABATEMENT INSTRUCTIONS FOR FISCAL YEAR 2001 (Barnstable, MA) WHEN AND WHERE: The Board of Assessors must receive your abatement application no later than 30 days after the April 25,2001 mailing of the tax bills, or by May 25,2001. The Assessors are not authorized to extend'or waive this deadline. If your application is being mailed, it mast be.postmarked no later than May 25,2001. If your application is received beyond the 30-day limit, you lose your right to an abatement, regardless of how justified your reason(s) may be. See the reverse side of your tar bill for information relevant to -filing an abatement. REASONS FOR FILING AN ABATEMENT: Abatements are generally filed when a taxpayer feels that one of the following reasons apply: • Assessment/Fair Market Value: If your contention is your assessment exceeds the fair market value of your property, you may wish to file an application for abatement, but, you should support your claim by including along with your application a listing of 3 to 5 sales of properties that took place within your neighborhood as near to the January 1,2000 assessment date as possible. It helps to speed the process and avoid confusion if you identify these properties by their map & parcel numbers (Parcel ID). Choose sales of houses similar to your own. Try not to compare the sale of a"Cape Cod"style house with that of a "Ranch", or a house with 1,200 square feet of living area to one having 2,200 square feet, as the houses are not similar and will add little weight to your appeal. Choose comparables that closely match yours in style.size. quality of construction,and condition. Chances are you'll never find an exact match, but remember, the closer the match, the stronger your case. In searching for comparable properties;you may find our web site at- http://toNvn.barnstable.ma.us helpful • Disproportionately Assessed: If your contention is your property is disproportionately assessed, your position may be more difficult to prove. The difficulty lies with your having to prove the Assessors intentionally"schemed" to value your property in a disproportionate manner. It is a misconception to believe that finding one or two similar houses in your neighborhood valued for less automatically entitles you to an abatement; it doesn't. If an inequity does exist we'll correct it, however, the problem may lie with the properties you've selected, not with your own. Regardless, let us check it out, and an abatement will be granted if we have you over assessed. If you decide to use this approach, use the same methods of comparison as addressed with fair market value. Don't compare apples with oranges! Remember,the closer the match,the stronger your case. • Incorrect Listina: If you believe your property has been incorrectly measured or listed, bring this to our attention, and we'll check it out and make the necessary correction(s). PAYMENT OF TAX: Filing an application for abatement does not stay the payment of your taxes. To avoid penalties and possible loss of further appeal rights, your taxes should be paid in full. An adjustment will be mailed to you in the way of a credit or rebate if an abatement is granted. WHAT THE ASSESSORS CANNOT DO: The Assessors cannot reduce an assessment based upon a person's inability to pay the tax. The Assessors cannot.and will not reduce an assessment without justification. Often times, advice is given by well-intentioned friends or neighbors who tell you that you're over assessed. Please do some checking yourself before filing an abatement. There's_ no harm in listening or acting on advice from others,but make sure your appeal can be supported. ASSESSORS DECISION (DISPOSITION): The Assessors will notify yoti'of their decision within three(3)months from the date your application is filed. q/as sr/forms/abatelet b Bsml.Garage St. Shower Lat. Walls PURCH. PRICE. :. hs AEE tli;Fl.t Stairs Toilet Room Root RENT Its Fin.Attie Two Fiat.Bath Floors INTERIOR FINISH lavatory Extra =WAL 2 3 SinkAltlePlaster Water Clo.ExtraKnotty Pine Water Only t Plywood No Plumbing Bsmt.Fin. f ;ding l , ding Plasterboard Int.Fin. 38 Shingles TILING -------. I 0 F P Bath Fl. Heat �- /O On Int.Layout Bath Fl.L Waln$. Auto HI.Unit { 3 .2 Int.Cond. Bath Fl.3 Walls Fireplace �- Veneer t.On HEATING Toilet Rm.Ft. Plumbing —� r n.8rk Hot At, Toilet Rm.FL IL Walns. Tiling r Toilet Rm.Fl.i Wells _ -. .... I ru. Hot St.Shower 'r .. Water owe Air Cond. Tub Area ...... _ .... w . Floor Furn. COMPUTATIONS ROOFING—' _. ..._.._. a 'In la" Pi Fur". 7 . .S.F. /i dngla No Heat— S.F.' - ,Ingle Oil Burner S.F. _• _—.. ._. - "' Coal Stoker S.F. Gas OUTBUILDINGS 5.F. tOOF TYPE Electric S F 1 2 3 4 5 6 1 8 9 10 1 2 3 4 5 6 7 8 9 10 M! RED Flat Pier Found. Floor Mansard FIREPLACES S.F. ` Wall Found. D. H.Door LISTEE D Fireplace Stack Roll Rooting Fireplace Sgle:Sdg. FLO S Shingb Root LIGHTING Dble.Sdg. DATE, No Elect. Shingle Wails Plumbing Electric Cement Bik. ✓/7 7�7 od ROOMS Int.Finish PRICED TOTAL .J/�.2 .Brick -. lie Bsmt. 1st 2nd 13Fd FACTOR - /5,4 REPLACEMENT /3 y 78 LdG) OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dsp• PHYS. VALUE Funct.Dep• ACTUAL VAL. 22 4 74s D lAk TOTAL BLAND 1 37.600 • cAnosiNAccouNT - L 10 18LDG.SIT 1 K .1 ■10 387 60 107999.91 250775.9 .15 37600 MOTHER FEATURE 1 8.300 01 OF 01 `. . MPL 88 YARMOUTH ROAD HY �0� A . N FOUNDATION U 1 X C= 100 1.0c 8331.5C 1.00 8300 F pRR 1890 0098 MARKET 60600 D INCOME A USE APPRAISED VALUE D D A 45.900 A U PARCEL SUMMARY T S LAND 37600 A DGS T 0—IMPS 8300 M TOTAL 45900 F E N CNST 23000 E N DEED REFERENc Trw DATE' PRIOR YEAR VALUE A T s..I r.o. UrL w. ra s.r.►I.. LAND 37600 T Is - 8142/03 I ` I108/92 L 25000 BLD6S 8300 U .. _.._. 5414/220 I:11/86 79900 TOTAL 45900 R 5414/21A I:11/86 A 11 E BUILDING PERMIT *LAND ADJUST.FOR S te' rP. AM-1 REISDENTIAL...... LAND LAND-ADJ INC ME SE SP-BLDS FEATURE ;'BLD-ADJ UNITS • 37600 83, *FIRE-HOUSEOF CND. L«. w a:o. a.PL C.w N— V.w. sw. N 0:9 A L U E 1/9 3... Ualt. VM. Iwl D.p• Caa. Aq,a.V. K aea.r R.:. l.IM /h. P.rIr.Y I.c. .. p ............... uppl.n ar. Sow..i.w 11-0.Cwt MKT.INDEX: IMP.aYIDATE: /- SCALE: ELEMENTS C.ONSTRUDTIDN DETAIL T --------------- -- ---------------------- R U C ----------------- -------------------------- T --------------- --- ----------- U --------------- -- ---------------------- R A - - - - - ..:... . L D --- TBUILDING DIME NSK)NS ' - -------------'-- --- -------------- ------ A --------------- --- ---------------------- L ---PRDTESSIVRAL -�CREA -P012----------- LAND TOTAL MARKET PARCEL 37600 45900 AREA - VARIANCE +0 +p' STANDARD 25 TOPOGRAPHY 1 LEVEL * TOPOGRAPHY * UTILITIES 2 PUB WATER * UTILITIES 4 GAS * UTILITIES 6- SEPTIC ST FEATURE 1 PAVED * ST FEATURE * ST FEATURE * ST. COND. * TRAFFIC 3 HEAVY DWELL LOC. 2 MIDDLE * LOCATION * AMENITIES + AMENITIES * NUISANCES NUISANCES r � T -77 NJ e-,�9 i _r?�8 �B^a �� t U7' .� , �✓, IV I H�REaY c�cIF=,y j,; L S Ro T ft -AN c o N f=o CN► 70 -r � W f TH F4dRD 'Ta fll M E S t Dr,Ls. 2D. pn'-r-5 c, �FU2TH F-�7- CCTL F Y'T�4 'T Fl�r' �. O vs✓�1 4�E S N o-r' �A11—w t-r Fi( �. zr�pp H4.�A.T?x� �• � aJt7 15 �' =c AS ►J E"C " o N FI A/� �r-.�' � I - 7 7 J Gol TBt� a- t9- SS �nl �R 5( S �jfz 2 �I0 7 c.oz5 Rt�t✓nn5 5 t5 NOT-! 1-� E-rc-• c uccP Y4 S J >!�YJ2J 6Y) � $ OF EDWAR��cGs t.-2Y 6- 15 STONE "' —E�'���1� cG t 4 2 P�•�5 3 i 9 0.289t30 �� , 1�� 1�.✓R-.- tAA� o� �cCIST Pro 0 - !� sok Hov,J - � l TOWN OF BAR14STABLE BUILDING PERMIT PA_tCEI: TD '3-231 198 G20BASE ID 24571 ADD F S S 88 YAz?MOUTH ROAD PRONE IiYkl\ IS ZIP - ,0rl Bh0CLK LOT S I ZE 613A DEVELOPMENT DISTRIC"I HY FERMI i' 31344 DESCRIPTION MOV. FROM 148 LewisBay to 88 . Yarmouth Rd. PERMIT TYPE BR CLOD TIT1_2 RESIDENTIAL ALT/CONY COINTRAC`10R -': T.IAWRENGE M. NADZFIKA Department of Health, Safe APCHITECT.S: and Environmental Service TOTAL FEES: $124-00 THE BOND $. 00 CONSTRUCTION COSTS $4) ,000 .O0 753 MISC. t OT CODED ELSEWHERE 1 PRI'IATE p '� sARivsrAB[.>E, +' MAS& �► i6g9. 10 BUILDI3� I BY G DATE ISSUED 06/03/1998 EXPIRATION DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. F CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF Tt PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED APPROVED PLANS MUST BE RETAINED ON JOB AND FOR ALL CONSTRUCTION WORK: THIS CARD KEPT POSTED UNTIL FINAL INSPECTION WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS PERMITS ARE REQUIRED FOR HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- 2. PRIOR TO COVERING STRUCTURAL MEMBERS. ELECTRICAL,PLUMBING AND MECH (READY TO LATH). PANCY IS REQUIRED.SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. • • - , . U • 0 BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 � 1 2 2 2 g 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THI .THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR B VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS T LEPHONEORWRITTENNOTIFIC� TION. NOTED ABOVE. : . The Town of Barnstable RANNSTASM Department of Health Safety and Environmental Services 1639. n 3 .t Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 3,2000 Peter M.Daigle,Esquire Attorney at Law 1550 Falmouth Road Centerville,MA 02632 Re: 88 Yarmouth Road,Hyannis,MA Dear Attorney Daigle: I have received your letter of 5/30/00 and all supporting documentation and still am of the belief that 88 Yarmouth Road is not a buildable lot. You have the right to appeal this decision,if you so choose. We will be more than happy to assist you. Sincerely, Ralph M.Crossen Building Commissioner RMC:cah g000703a PETER M. DAIGLE ATTORNEY AT LAW 1550 Falmouth Road, Suite 6 Centerville, MA 02632 TELEPHONE; (508) 771-7444 FACSRvffLE: (508) 771-8286 May 30, 2000 Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: 88 Yarmouth Road,Hyannis, MA Dear Mr. Crossen: This letter is in response to your determination as to the buildability of the referenced lot. I have enclosed some additional supporting data to further my claim that there was an intention to permanently move a house on the site. 1. A letter dated March 6, 1995, from Gloria M. Urenas, Zoning Enforcement Officer condemning the structure and order to raze: 2. A letter dated March 14, 1995, from Ms. Urenas indicating the building had been razed. 3. A copy of the engineer's plan dated May 29, 1998 showing the proposed new building location ' 4. A copy of the license and permit bond dated June 2, 1998. Certainly as to the"spirit and intent', as you describe it, to work within the three-year ' abandonment rule, the applicant went to great expense at the time to have the lot engineered for a specific house, obtained a bond and permit to relocate an existing house to the locus, and received a permit from the Town of Barnstable. Unfortunately, at the time, the applicant had a contractual dispute with the builder, whereas, a foundation was never completed and the house removed. However, the applicant at all times acted in good faith. After reviewing the documentation submitted herewith, I would appreciate meeting with you to discuss the issues. Sinc e ter M. Daigle Engineering Dept: (3rd floor Ma r - "�: ) p-- Parcel Permit - House# 3 ... --�-�- c Date Issued _ 9 Board of Health(3rd floor)(8:15=9:30/1:00-*.-%) Conservation Office(4th floor 8:30 nu `- i Peved-ley-]?lanninIC g�ard 19 ! :CpNNgO IONv S rC ��eJseYc�tt. roLj i :>iN111NBNRtN® Zp' i TOWN OF BA S�3 NST>tucTloN �t6 9 Eoi j i Building Perini{Application i i i roject et Address ! �IA Village Owner P �� �lis Address Lr ,.S /tl C' •,9,0 ,I ;•Telephone i`S •.;�;:) �, � ; ' �Permit Request i First Floor square feet Second Floor i square feet Construction'Type '• i Estimated Project Cost $ Zoning District i Flood Plain Water Protection Lot Size /S Grandfathered ❑Yes Callo Dwelling 3�pe: Single Family M Two Family ❑ Multi-Family(#units) Age of Existing Structure �'D -r Historic House ❑Yes Q'No On Old King's Highway ❑Yes (s�No Basement Type: OTI ull ❑Craw1 El Walkout p Other RACPmPnf Finiehs%rJ Ar,-a (en ff\ TZnonmu.�f TT.,f;n:or.o,T A.o.. Sent By.: CAPE COD LAW OFFICES; 1 508 771 8286;�/( Apr-27-01 13:16; Page 1/7 Pf 1'l► i-'Zo Fj"Rm ,Rtt6 23 Cat MA "plan,508-711.7444 F.��1.so8.rrt�esss � . FAX COVER SHEET DATE: TO: FROM: RE: . FAX#: MESSAGE: Number of pages (including cover) If you experience difficulty in reception, or do not receive all pages. please call (508) 771-7444 'CONFIDENTIALITY NOTICE' The information and documents transmitted by thla fax are privileged and contain confidential information intended only for the person(s)named above. Any other distribution.copying or disclosure is strictly prohibited. if you have received this faz in error.please notify us immediately by telephone.and return the original 10 us without tnswat a copy.Thank you. 3.Qnt By; CAPE COD LAW OFFICES; 1 508 771 8286; Apr-27-01 13:16; Page 2/7 --• ••• ��'•�� III L81 1 ruF i j*ornuLU 1AU,L1iNUK h AVNU, 15082553786 P. 01/01 TNOMMA.LA rmo LA TANZI,SPAULDING 6 LANDRETH, P.C. RACSIMIL[ LAWWNCE 0.6PAUUMNa,JR. (50A)465-3726 DUANIE P.LANDRCTH ATTORNEYS AT LAW, www,LgTAN21,Cow KAFWS 4MTZPYANIAN a CARDINAL LANIE _ ZRIC K,KASHUSUN P.0.aox 2300 DNA A.BERRY ANNEa IMIL LAINC NTCMFIEW ORLEANS• MASSA�CHUSETTS 02683.230p Ju�IA MKITAG Num 80,900 S.TMAM LIU F.SNERNAN TELEPHONe(BOA)XfG-SI,J April 13,2001 Peter M, Daigle,Esquire 6 Center Place 1550 Falmouth Road,Route 28 Centerville,MA 02632 Fax: 508-771-8286 Re: Cape Cod Mortgage Trust v. Real Estate Ventures Trust Dear Peter. Please be advisod that the foreclosure sale in the above captioned case has been postponed to Tuesday,June 12,2001 at 3 p.m. It is my understanding that you will provide me with an wwuted copy of the Second Agwxment and Modification of Promissory Note and a cheat for the additional foreclosure costs in the amount of S200.00. Very truly yours, Dana A.Berry cc: Mr. Stephea Boggess Fax: 617-267-1390 DAB:fob NIS LZAT A\)TOME.\907U\BERRY1CCMT'.OAB\31198 Sent By.: CAPE COD LAW OFFICES; 1 508 771 8286; Apr-27-01 13:17; Page 3/7 _.••_� ..• v. vnGLSn —, 0003 combccal.doc THE RAYMOND C. GREEN TRUST One Exeter Plaza Boston�Massachusetts 02116 RODMAN FINANCIAL CORP. One Exeter Plaza Bos_t-on,Massachusetts 02116 February 6,2001 Mr. Michael J.Becal,Trustee C/o Attorney Peter M.Daigle(by fax 508-771-8286) 1550 Falmouth Road,Route 28 Centreville,Ma.02632 RE: Property: 88 Yarmouth Rd.,Hyannis,Ma. Gentlemen: We are pleased to advise you that your mortgage application on the above-referenced property(the "Property") has been approved by The Raymond C. Green Trust and Rodman Financial Corp, (together the "Lender")in accordance with the terms,conditions and agreements set forth below. 1. Borrower: Michael J.Decal,Trustee ofReal Estate Ventures Trust 2. Guarantor(s): Michael J_Decal 3. Amount of Loan: $I40,000(One hundred forty-thousand) 4. Interest Rate: Interest shall be computed and payable monthly at the rate of Sixteen percent (16%)per annum. All uiterest computations shall be calculated on the actual number of days elapsed at a daily rate 5• Interest Rate, based upon a year assumed to have 360 days. • .. after Maturity: Twenty Four Percent (24%) per annum, calculated on the actual number of days elapsed at a daily rate based on a year assumed to have 360 days. 6. Origination Fee_ $2,800 of which $1,400 is payable herewith, and$1,400 is payable at closing. Borrower and Guarantor acknowledge that the entire Origination Fee is fully earned by Lender for the issuance of this commitment, no portion of which shall be rebated upon prcpaymrnt or for any other reason. T Term. One (1) Years, at which time die loan shall be fully repaid witli tnteres Page I of 5 Sent By.. CAPE COD LAW OFFICES; 1 508 771 8286; Apr-27-01 13:17; Page 4/7 combecal,doc satisfactory to Lenders attorney. Lender shall receive title insurance which must be available at regular rates and which must have all standard exceptions deleted. r b. Insurance: Borrower(s)shall furnish to Lender a fire and extended coves a insurance policy mortgagee loss.payable clause satisfactory to Lender containing an agl-cement to notify Lender in writing at least ten (10) days prior to the cancellation of such policy. At closing, said policy is to be paid in advance for a one(1)year period- C. Costs and Expenses: Borrower(s) shall pay all costs and expenses incurred in connection with the preparation of this loan, including legal fees and recording costs,survey costs,publication costs and any other costs incurred related to the transaction regardless of whether or not the Loan closed, Borrower has requested that A.ttorne P. Dai le r Y g epresent the Lender and Gender is prepared to do this provided Attorney Daigle execute s Lender's Standard Representation letter. 313e responsibility of the attorney for the Lender is to protect the interest of the Lender. Borrowers) may, at its own additional expense, engage an attorney of its own choice to represent Borrower's and its interests in connection with this loan transaction. d. Docuinentation: Lender shall be furnished with such security and credit instruments as Lender shall deem necessary or expedient for his protection. c. Condition of Collateral: At the time of closing, the collateral shall be in good condition and no eminent domain proceedings or other governmental action shall be pending or threatened. f• Zoning: All zoning, subdivisio ,�nndominiuM_and Qt r� s. building codes environmental and other licens uircments must be fully complied with as ceffi ttv opinion from Borrower' rncy. A valid building permit must be delivered to Lender prior to the closing. , g• Survey: Borrower(s) s u i !• andard survey exception shall be deleted from the title insurance policy. h. Time: Time is of the essence with respect to all dates and periods of time as set forth in this commitment. i. Solvency: The Borrower(s) and Guarantor each warrant that it is financially responsible and solvent with no garnishments, bankruptcies or court actions pending against them as of the date hereof. Borrower and Guarantor(s) shall deliver Personal Financial Statements to Lender at least 48 hours prior to closing. It is a condition to Lcmder's obligations hereunder that Boirowcr or its affiliates not be in default on any other loans from Lendcr. ]• Broker: The Borrower(s) agree to indemnify and hold Lender harmless fiom and against any loss, cost, damage, or expense arising out of any claim for brokerage commission alleged to be due on account of the placing of the loan. •t k. Reliance: Lender is relying upon the accuracy of the representations made by Aorrower(s) and the truthfulness of the plans, reports and documents given to Lender to induce Lender into making this lean. The continuing accuracy of such representations,plans,documents,ctc. is a condition precedent to Lender's obligation to lend under this Conunitment L. Representation regarding the Property: Borrower and guarantor warrant and represent the following: 1. That I`i•operty consists of a fully approved single-family house lot on which borrower intends to construct a single family home and office containing approximately 1,800 Page 3 of 5 Sent By: CAPE COD LAW OFFICES; 1 508 771 8286; Apr-27-01 13:17; Page 5/7 006 corabecal.doc square ft,and no obstacles remaining to the start of construction. 2. The house to be built will contain three bedmorns plus an office and a garage. 3. That Borrower intends to sell this house for$230,000 4. Lender must receive a letter from an engineer assuring no system. issues regarding the septic tn. Disbursements: At closing,the following sums will be paid out of the loan proceeds: 1• $1,400 to Lender being the balance of the Origination Fee due. 2. Legal and other expenses incurred in closing this Loan. 3• Balance tip to$25,000 to be applied towards the purchase of the land. 4. $115,000 to be retained by Lender and disbursed as construction work gets done and approved. n• Borrower hereby approves Lender's placement of a sign on the Property indicating that Lender has ..provided financing for the Property. o• All documentation required to close this transacti 48 hours prior to closing, attorney shall be received by tender's attoey at least P. No stockholder, director, officer or employee of Lender shall have any personal liability to Borrower or any Guarantor,-and Borrower and any Guarantors agree(s) to in look solely to the assets of Lerner. Lender connection with any claim made in connection with the loan described in this Commitment q- The material conditions contained in this Commitment are conditions precedent to Lender's obligation to lend. If such conditions are not satisfied by the Borrower,no obligation to lend shall arise. r• Borrower and Guarantor(s) warrant and represent that no portion of the Property is to he used by them as a personal residence and that this loan transaction is solely for commercial purposes. S. Borrower acknowledges the following: i. This Commitment contains the entire agreement of the parties.(Lender&Borrower) ii. This Committent supersedes any previous agreement,written or oral. iii, The Lender has not made any representation, warranty or covenant not contained in this Commitment. tv This Commitment may be modified, supplemented or otherwise changed, in whole or in part. only by a written instrument duly signed and executed by designated officers of the Lender. V. This Commitment may not be modified, supplemented or otherwise changed, in whole or in part, by any waiver,oral representation or course of dealing. vi. No delay or failure to,exercise any right, power or remedy by Lender shall constitute a waiver of any default, or an acquiescence therein, nor shall it constitute a waiver or acquiescence in similar or future defaults. t BORROWER DOES HEREBY ATTEST, CERTIFY, WARRANT AND REPRESENT THAT NEITHER THE PROPERTY NOR ANY PORTION THEREOF ARE USE,) OR INTENDED TO Bl✓USED $Y THE BORROWER OR GUARANTOR AS A DWELLING OR HOME AND THAT TFIE PROCEEDS OF THE LOAN ARE SOLELY TO BE USED FOR COMMERCW. AND BUSMsS PURPOSES AND NOT FOR AGRICULTURAL OR CONSUMER PURPOSES. Porrower's counsel's legal opinion shall confirm this representation. In the event Lender is not reasonably satisfied as to the Page 4 of 5 Sent By: CAPE COD LAW OFFICES; 1 508 771 8286; Apr-27-01 13:17; Page 6/7 cornbecal.doc accuracy of this warranty or if Lender is not satisfied, in its sole discretion, with the condition of the collateral, including,.without limitatidrn,title,survey,environm building inspection, ental,zoning, subciivisiott, land use,utilities, adverse market conditions, potential litigation, etc. or the $orrowes osed documentation relating thereto, Lender reserves the right to terminate this eommittncnt and refund the paid Origination Tee,less Lender's out-of-pocicet expenses,including attorney's fees. If the terms of this letter are agreeable to you, please sign the original copy of this letter in the space provided below. Vcry truly yours, THE RAYMOND C. GREEN TRUST Raymond C. Green, President Raymond C, Green, Inc., Trustee RODMAN FINANCIAL CORP. _ Jeffrey S. Rodman, President AGREED AND ACCTPTED: Michael J. Decal, Trustee of Real Estate Ventures Trust Michael J. Decal, individually it LL - Page 5 of 5 Sent By: CAPE COD LAW OFFICES; 1 508 771 8286; Apr-27-01 13:18; Page 7/7 combecal.doe 8• Payments: Interest Only monthly in arrears, on the first day of each month, based on principal balances from time to time outstanding. 9. Late Fees: In the event of a delinquency of fifteen 15 in an � ) days Y y periodic Payment, Lender may assess a late charge of 3% of the amount overdue. 10. Prepayment: The loan may be prepaid at anytime without, penalty, however no Portion of origination fee shall be rebated upon prepayment or for any other reason. l 1. Loan Purpose: To provide funds for the construction of a three bedroom house with an office containing approximately 1800 square feet plus a garage at the Property ill accordance with plans and specifications 12. Loan Advances: to be approved by Lender. Construction finds shall be advanced only to the Borrower or to the Borrower and the Contractors and Subcontractor jointly in accordance with terms and conditions of a construction loan agreement to be prepared by Lender's attorney. A budget is to be prepared by Borrower and approved by Lender prior to closing. Construction advances shall be made only upon completion of work according to budget and are subject to there being no new licks, attachments, notices of contract,etc, on the property. Title shall be updated, at Borrower's expense prior to each disbursement, and Lender shall receive an endorsement to the'ritle Policy. A construction inspection shall be performed prior to each advance, and Burrower shall pay a fee of S150.00 per inspection to the independent contractor performing the inspection. Lender shall receive an "as built" foundation plan from an engineer certifying that the foundation satisfies all set back.and;coning requirements. 13. Loan Security: First mortgage position on the above referenced Property. Collateral assignment of all licenses, approvals, permits etc, regarding the Property. 14. Releases: N/A 15, Release Fee: N/A 16. Assignability: This commitment may not be assigned by the Borrower. 17. Closing Date: On or within thirty (30)days from the date of this letter after which time our commitment is null and void. This commitment may be Other Condition,,;: extended at Lender's option. a. Title: The Dorrowcr(s)' title to the premises to be mortgaged shall be good and clear of record, marketable,, free of all liens, restrictions and encumbrances (except ax set forth herein) and otherwise Page 2 of 5 Confirmation Report — Memory Send Time 04-27-01 12:18 Tel line 15087906226 Name TOWN COUNCIL#TOWN MANAGER Job number 903 Date 04-27 12:05 To 95083626295 Document pages 11 Start time 04-27 12:06 End.:time 04-27 12:18 Pages sent 00 Status NG BO Job number 903 ** SEND FA I LED *** ' The Town Of $arnstnble Office of'rowu Manager HNtl�6TAHLS. - " 367 Main Street,Iiyaunis MA 02601 Ou..:c: amain-eo<-•.oav John C.Klirtu"ri,Town Manager Fax: 505-790-6226 Joclle_J.Daley,Asat.'Town Manager April 27, 2001 MEMO TO:Interested Perties From: John Kli— ItE:Initial Drag of Building Cap Ordinance Enclosed please find a copy of an initial draft of thm building cap ordinance{or your review. I very mu.), would appreciate hearing frown you with any i:orr--ent9. suggestions,ere. Ylease feel from to flax or E A MIL me your comn�cnts prior to May 4��or,if,you would Ill—to tateet with me,just rive me a call _ (jlLlimrn(2ycaoe.com or Fax-790-6226) 1 th u or your Input S Confirmation Report — Memory Send Time : 04-27-01 12:15 Tel line 15087906226 Name : TOWN COUNCIL*TOWN MANAGER Job number 902 Date 04-27 12:03 To 95087607487 Document pages 11 Start time 04-27 12:03 End.time 04-27 12:15 Pages sent 00 Status NG BO Job number 902 *** SEND FA I LED *** � e �" �. The Town of Barnstable n..ttNaz�.t._ OfftCe of Town Manager 4gji� ejp •� 367 Main Street,nyannis MA 02601 Q u.co: ono-o o ry John C.Klimn�,Towr.Maaager raw: SO8-790-6226 - Joellen J.Daley,1sat.Town Monger April 27, 2007 MEMO TO:Interosted Parties From: John Klirnrn - ItF-:Initial Draft of Building Cap Ordinance L-nclosed please find a copy o£an initial draft o£thc huildittg cap ordinance for your review. I very m-ch would appreciate liearint from you with any corrunents,suggestions,etc. Please fccl free to Fax or EMAIL rite your eorr—c-ts prior to May 4":or,if you would Ii1ce to rraeet with just give rrte a call. , (,jjrlinim�rd`ane.com or Fax-790-6226) _ 7 th u or your input. - - r�asna� ss�• sus aw IN" IM r lit !tt sin IF. Wnu Arm nr �rsr ,e a ta�rat �'i . a 46W � �t ® twrir � no WIMa �a�raa r. ems► ..�.a�.�� IL AROM Lill � � ,;...... ,k, VIN V� boom PE IMM .roe. . ..■L 03 - - - _ - wow Gammw co N N _ — -- b r- z z D - Z Z H - - m rb r1W fAC41A n - 11f 44- r itK •�, - z 0 fill _ ao sUWLOMcs _ C� PROJECT 2C . . � �c-1�r�c 2 S ADDRESS. r tnD �'1 Rd 7 7- . 7 - 1 1 1 C: 1 4. k1�:s. r'f T Y+ �♦ _ 1 1 :-.-,}y n r;; 1 1 _ y?t r 1 9 fc ����+y� _ ° i ♦. t 11 +n 1-�,,f`r r -PEi_�11111 tF Y tl I♦.r. } �. sf _ > 1`I vr� f. y` .� _ 1,, N r ly .t f�, ;i PERMIT DATE T rt r r s } ! r--�7� ;t .1 r 111/r �� 1 Jam' r YI'�•-•1-..�+ Yf r+ GJ , ......h' (w r1•->7 .� 1" LAR'P PLANSARE , I BA►NI�RS' f Y Jr a t e r �. ¢ )P t ♦ a ..j`.P Y_ ) r i i. 1 r _ 1 ° 1 T' I _f ",YC- ♦ i t. 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