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518 & 518A YARMOUTH ROAD
5��� , � . � ,; 4 i � �- `� �� � ��� ���� � _ ���� � �'.,��� ,. , r - ' tiSign TOWN OF BARNSTABLE 'Permit MASS. 16 9. 9��F0 MA'S a, Permit Number: Application Ref:' 201200889 20070708 Issue Date: . 02/13/12 Applicant: LM-2 LLC = Proposed Use: PARKING LOT Permit Type: SIGN PERMIT < - Permit Fee $, 200.00 s Location- , 518 YARMOUTH ROAD Map Parcel 344004 Town HYANNIS Zoning District Contractor PROPERTY OWNER Remarks p r }c 76.62 SQ FT SIGNS 47.15 WALL PYLON 21.24 WALL 8.2 'HYCINDAI Owner: :LLC . , . LM-2 Address: 556 YARMOUTH RD' HYANN►S, MA 02601 r V. r C Issued>3y; t2�------- POST THIS CARD SO THAT IS VISIBLE FROM TIDE STREET �FTHE Tp Town of Barnstable Regulatory Services MA S. ` Thomas F.Geiler,Director 160 1639.tA`�� Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Permit# Building 0111cial approving._----- ---- Application for Sign Permit r, Applicant:-CY 2-- --L---Eric -----=--------Assessors No._Sl "_d_f_37y U�� - 00, J Doing Business As:-&1i�_� t�YVJ9!_of( C_4_C_/ Telephone No._ '5og__ 3 O_ — Iq UO Sign Location I Street/Road: - S ��__G id sst:_ G r MOL 1 AD 1 a w �s�__ e o Zoning District: Old Kings HighwayP Yesl(No) Hyannis Historic DistrictP Yes Property Owner 4q S2. Name:_ C N C Telephone: J U 8 — y3 a ��(�� ----��- --�--- --------1-1----------- -- Address:_5) --C`-^� l ---SS(o__ �t f✓�U�)T �1--' ---Village:__�1f►��1Y� 1 S C 1__ (o a ---------- U - --- - Sign Contractor Name:--!7 G --------'Telephone: S�_ Ll a ry QV ---------------------------- - - -- Mailing Address:_SS_1 e/N���i J��1I �U✓�C v�i��- -U 1/ i�N ) UDC��v1� VA Description Please follow the cover directions.You must have an accurate rendition of sign with dimensions and location. Is the sign to be electrified? Ye .r v�.z (Note:IFPcs, a mmig-perimt is required) n Width of building face_ Q--ft. x 10= I OO x.10= �_��__ j �j 1�c�1 2 Check one Reface existing sign____or New_v/__Total Sq. Ft. of proposed sign (s) �_ ®� Ifyou have additioirtl.sigrrs p/ease attach a shcct listing mch one tiritli dimensions If refacing an existing sign please provide a picture of the existing sign with dimensions. I hereby certify that I am the owner or that I have the authority of the owner to make this application, that the information is correct and that die use and construction shall conform to the provisions of' §240-59 through §240-89 of the Town of Barnstable Zoning Ordinance. Signature of Owner/Authorized Agent:r_ _ _ _ �1o, Date_4t 2tD, SIGNS/SIGNREQU revised 12110 r "BLUE Box" ARCHITECTURAL ELEMENTS ' �j. ►�'a .. - 3'-11 U2" 3/4" 3'.-111/2" 3/4" V-111/2. 2'-81/4" 6'-7 1/2" 1'•6 518" . - :8' 10 314" n-n�\q O iV ' ifl a s+w.Lkwr }g,. .✓., a�h'.k$�i.. ;$ }.i .Fie � � ,�}F tb HBB-144 41.15 sq ff{SYMBOL&LOGO)) Site ID: Hyundai MA058 554 Dawn by:..MAR rFG- ,11 AGI Rep J W B ..".�• .n a..am r.�...rF.., Architectural GI'8phlcs,:Inc.. �,R.01...11-n h nOnmW FmEv• . VA 1' 0„ .. ..IIII.MW f.i.tlpMhp kr.W..W p/i.....^• .. . Scale:3/8" m. .�. .��.. .,...�.. .wma"m..n..b.mr ma.,.e"I,.m n. 2655 InleinaFwFwl Pkvey.-Virginia 8ecch, 23l52 -rap....no�mnw a wnoi.-m a wM.Fwr w PHONE.17371-A27-1900-Fm�(757)E3P1297 .. rn w.aieF,emum wf mr m ma a.r,c a w AGISign.cem www. Date: 4/6/11 eerpun.a m awr a N.� i AGI Contact Information Susan VanVleet 513-520-3324 svanvleet@agisign.com Oft«� Customer Site: MAi BALISE HYUNDAI OF CAPE C 556 YARMOUTH RC HYANNIS, MA 21 HY00000 1* i F � _ - _ - r �1 Hyunns; l ... ............. ........ ram, r +x4 f BLUE CHANNEL LETTERS 6-2 3/16" 1, 8 Site ID Hyundai MA058 554 Brawn py: MAR • A%Re J mi a u m .ei.anw*W m ua - - p:� Y V kchitectural Graph cs, Inc.. , � a ero eaeeeelY'lo.amaen n .eapmmaa uean.'. �"� 11� 1 -amaldentiq nmtlenYap,f i0eeb0 W.Vaee:end �.�y p '-'ms �ml,ry>aneam�o Nm eaa..,eln eeum<e ia�e �.1 .2¢55 kt ma mml Pkw SC y.;Virginb BeoeE,.VA 23452. �ww e. .� aaaaale..+won ma.gror aye.e.ro mr w.aan PHONE:(!571 477:1,900•fw 1757)43Q7297.. a<i n,nor Ae _.: _ -. auapl M nw aamn*r«MYep n a.e manna:wr www AGISlgn tom: - Date; 4/6/11 .er.pNPI aampn ro mu aea,n na , _ pcarpentoa!a Alper ala.aro, - 23'. MONUMENTS HM-22 Dealer Name Text will vary. 21 .24 Sa ft 5'-115/8" 2.85" 65.91" 2.85" 5.70" 63.06" q ! O Wi W O u 1 � p I Y O W C0 0 - Lo STREET SIDE Site ID: Hyundai MA058 554 Drawn by: MAR r&Gj-I AGIRep: JWB W.a«ymant t.�a"'.P. rty or pMhoeNrol °`°°"' '"°°»°"" "' a° .- Architectural Graphics, Inc. rohic the m.Mahb rocmamu�..,n . xprenoly lorhroaan.h Is whmlllea u^Oo. �onna°nllsl robtbiwhro tot°apd VwOaw�and Scale: 1/4"=1 f ,.orol«n,M saooal4p Inl.aoo.anwll a..°ma. 2655 International Pk Virginia Beach,VA 23452 ataaY wW pnaaa Ihvl lhU aaa„me^I Wn not lro �,' 9 w^ t.'lo�eroD I�eei^a^°r^W+o roue`a'"m a v ne ro PHONE:17571 427.1900•Fox(757)430,1297 o°ospt Iw Iha po,—for"IM n wve toMeroa,nw www.AGISIgn.com Date: 4/6/11 po°Ial ,aalw.. �.°nw la Ihb aeN.n .. Imoryoraled In oNw prolecb. 20 BLUE SERVICE CHANNEL LETTERS 11'-3 3/8lJo N 23.7 sq. tt HBL-24 SB-1 S - _ Drawn by: MAR Site 10: Hyundai MA058 554 1 �� AGI Rep: JWB Architectural Graphics, Inc, $Caie. 3/8"— 2655'inurrwiimal Pkwy. Yt,ginla Beech,VA 23452 ara :.V571 427-1900-Faa(7sTj A30-1 N7 - .ww mr a»wRo..rn aadi n vee Wo.":aw www.Aosignxmp Date; 416/11 . 10 t—.�. m�s � o�., . 22 Ater Neh ;n5[.3!! Channel Letterset !"r'�'Jnrj 31�IUe L�C I» H'f U, HBL-23 N A Dealer to pr'?yl(je neK elednca!ruv wan dedluale' ;f'; !t ovate('•lily, SIG.^. Customer Site: MAO BALISE HYUNDAI OF CAPE CC 556 YARMOUTH RO, ,� HYANNIS, MA 26 f� LAW OFFICES OF MICHAEL FORD ATTORNEYS AT LAW 72 MAIN STREET, P.O. BOX 485 WEST HARWICH,MA 02671 TEL. (508)430-1900 FAX (508)430-9979 lawofficeofmichaelfordgverizon.net MICHAEL D.FORD o JEFFREY M.FORD Hyundai Motor Company RE: Balise Hyundai / Signage 518 & 556 Yarmouth Road To Whom It May Concern: Our office represents Balise Nissan and at their request has prepared the following letter regarding the Town of Barnstable sign ordinance. The site is located in the Business District which allows for the following signs: §240-65. Signs in B, BA, UB,HB, HO, S&D and SD-1 Districts. [Amended 8-15-1991; 7-15-19991 A. Each business may be allowed a total of two signs. B. The maximum height of any freestanding sign will be 10 feet except that a height of up to 12 feet may be allowed by the Building Commissioner if it is determined that the additional height will be in keeping with the scale of the building and will not detract from the appearance or safety of the area and will not obscure existing signs that conform to these regulations and have a Town permit. C. The total square footage for.all signs of each business shall not exceed 10%of the area of the building wall facing a public way or 100 square feet, whichever is the lesser amount. D. Only one freestanding sign is allowed per business, which may not exceed half the allowable size as permitted in this section. E. One projecting overhanging sign maybe permitted per business in lieu of either a freestanding or wall sign,provided that the sign does not exceed six square feet in area,is no higher than 10 feet from the ground at its highest point and is secured and located so as to preclude its becoming a hazard to the public.Any sign projecting onto Town property must have adequate public liability insurance coverage, and proof of such insurance must be provided to the Building Commissioner prior to the granting of a permit for such sign. F. Incidental business signs indicating the business,hours of operation,credit cards accepted,business . affiliations, "sale"signs and other temporary signs shall be permitted so long as the total area of all such signs does not exceed four square feet and is within the allowable maximum square footage permitted for each business. Nl G. When a business property is located on two or more public ways,the Building Commissioner may allow a second freestanding sign,so long as the total square footage of all signs for a single business does not exceed the provisions of this section. H. When two or more businesses are located on a single lot,only one freestanding sign shall be allowed for that lot,except as provided in this section,in addition to one wall or awning sign for each business. If approved by the Building Commissioner, the one freestanding sign can include the names of all businesses on the lot. I. One awning or canopy sign may be permitted per business in lieu of the allowable wall or freestanding sign,subject to approval by the Building Commissioner. I In addition to the allowable signs as specified in this section each restaurant may have a menu sign or board not to exceed three square feet. K. In lieu of a wall sign,one roof sign shall be permitted per business,subject to the following requirements: (1) The roof sign shall be located above the eave,and shall not project below the eave, or above a point located 213 of the distance from the eave to the ridge. (2) The roof sign shall be no higher than 115 of its length. As a result,the site is allowed a maximum of 100 square feet for all signage. The Town of Barnstable Zoning Ordinance goes on to determine the area of a sign as follows: §240-6Z.Determination of area of a sign. A. The area of the sign shall be considered to include all lettering, wording and accompanying designs and symbols,together with the background, whether open or enclosed, on which they are displayed. B. The area of signs painted upon or applied,to a building shall include all lettering, wording and accompanying designs or symbols together with any background of a different color than the finish material or the building face. C. When a sign consists of individual letters or symbols attached to or painted on a surface, wall or window,the area shall be that of the smallest rectangle which encompasses all of the letters and symbols. D. Only one side of a double-faced sign shall be counted in computing the area of that sign. E. For the purposes of these regulations,the area of a building face or wall shall be calculated by using a height of no more than 10 feet from the ground multiplied by the width of the building front. As the Attorney for Balise Hyundai, I can represent that my office has met with the Building Commissioner to discuss the newly proposed signs. When determining the area of a sign as set forth above, specifically in Section 240-62. A., designs and symbols (which include company logos) are calculated into the total area measured as part.of the sign. In addition, signs which are isolated by color or boarder (in this case the blue square tiles set behind the logo and brand name "Blue Box" on the building face) would also be included in the total square footage allowed. If the "Blue Box is counted in the total area allowed for signage it alone exceeds the entire site signage at 144 sq ft (12 x 12 box).This determination is consistent with other dealerships in Barnstable. Based on this conclusion our office worked with the Building Commissioner on a way to preserve the "Blue Box" by extending the blue coloring down around the entrance way as depicted on the revised plans which were prepared for us.By doing so, the "Blue Box" is would no longer considered a sign and simply becomes coloring for the building face. Each business is also allowed a maximum of two signs(see Section 240.65.A.);not including the pylon. In your case the Hyundai name & Logo would count as the first and the Balise.would count as the second as set forth above. As a result, the symbol and logo from the entrance referred to as the "Gateway" would need to be removed, as well as the logo from the service section. Please let us know if you will require any further details regarding this letter. L Very truly y�Sr Jeffrey �q. Town of Barnstable Building Commissioner CC: Clients LAW OFFICES OF MICHAEL FORD ATTORNEYS AT LAW 72 MAIN STREET,P.O. BOX 485 WEST HARWICH, MA 02671 TEL. (508)4.30-1900 FAX (508)430-9979 lawofficeofmichaelfordga erizon.net`` MICHAEL D.FORD JEFFREY M.FORD Hyundai Motor Company RE: Balise Hyundai /Signage 518 & 556 Yarmouth Road . To'Whom It May Concern: �+ Our office represents Balise Nissan and at their request has prepared the following letter regarding the Town of Barnstable sign ordinance: The site is located in ahe Business District which allows for the following signs: 240-65. Signs in B, BA; UB,HB, HO,S&D'and SD-1 Districts. [Amended 8-15-1991; 7-15-19991 A. Each business may be allowed a total of two signs. B. The maximum height of any freestanding sign will be 10 feet,except that a height of up to 12 feet.mny be allowed by the Building Commissioner if it is determined that the additional height will be in .' keeping with the scale of the building and will not detract from the appearance or safety of the area and will not obscure existing signs that conform to these regulations and have a Town permit. C. The total square footage for all signs of each business shall not exceed 10%of the area of the building- wall facing a public way or 100 square feet, whichever is the lesser amount R Only one freestanding sign is allowed perbusiness, which may not exceed.half the allowable size as permitted in this section. E. One projecting overhanging sign may be permitted per business in lieu of either a freestanding or wall sign,provided that the sign does not exceed six.square feet in,area, is no higher than.10 feet from the ground at its highest point and is secured and located so as to preclude its becoming a hazard to the. public.Any sign projecting onto-Town property must have adequate public liability insurance coverage,and proof of such insurance must be provided to the Building Commissioner prior to the granting of a permit for such sign. F.Incidental business signs indicating the business,hours of operation, credit cards"accepted,business affiliations, "sale"signs and other,temporary signs shall be permitted so long as the total area of all. such signs does not exceed four square feet and is within the.allowable maximum square footage. permitted for each business. N G. When a business property is located on two or more public ways,the Building Commissioner may allow a second freestanding sign,so long as.the total square footage of all signs for a single business does not exceed the provisions of this section.. H. When two or more businesses are located on a single lot, only one freestanding sign shall be allowed for that lot,except as provided in this section,in addition to one wall or awning sign for each . business. If approved by the Building Commissioner,the one freestanding sign can include the names of all businesses on the lot. L One awning or canopy sign may be permitted per business in lieu,'of the allowable wall or freestanding sign,subject to approval by the Building Commissioner. J. In addition to the allowable signs as ipecified in this section each restaurant may have a menu sign or board not to exceed three square feet. K.In lieu of a wall sign, one roof sign shall be permitted per business,subject to the following requirements:. (1) The roof sign shall be located above the eave,and shall not project below the eave,or above a point located 213 of the distance fro►ri the eave to the ridge:` (2) The roof sign shall be no Higher than 1/5 of its length.: As a result,the site is allowed a maximum of 100 square feet for all signage. The Town of Barnstable Zoning Ordinance goes on to determine the area of a sigmas follows: 7. §240-62. Determination of area of a sign. A. The area of the sign shall be considered to include all lettering, wording and accompanying designs and symbols,together with the background, whether open or enclosed,on which they are displayed` B. The area of signs painted upon or applied to a building shall include all lettering, wording and accompanying designs or symbols'togetherwith any background of a different color than the finish material or the building face.., k C. When a-sign consists of individual letters or symbols attached to or painted on a surface, wall or. window,the area shall be that of the smallest rectangle which encompasses all of the letters and symbols. k. r D. Only one side of a double faced sign shall be counted in computing the area of that sign. E. For.the purposes of these regulations,Wie area of a building face or wall shall be calculated by using a height of no more than 10 feet from the ground multiplied by the width of the building front. As the Attorney for Balise Hyundai, I can represent that my office has met with the Building Commissioner to discuss the newly proposed signs. When determining.the area of a sign as set forth above,.specifically in Section 240-62. A., designs and symbols i / .71 (which include company logos) are calculated into the total area measured as part of the sign..In addition, signs which are isolated by color or boarder (in'this case the blue square tiles set behind the logo and brand name "Blue Box"on the building face) would also be included in the total square footage allowed. If the "Blue Box is counted in the total area allowed for signage it alone exceeds the entire site signage'at 144 sq ft(12 x 12 box).This determination is consistent with other dealerships in Barnstable. Based-on this conclusion our office worked with the Building Commissioner on-a way to preserve the `Blue Box" by extending'the blue-coloring down around the entrance way as depicted on the revised plans which were prepared for us. By doing so the "Blue Box" is would no longer considered a sign and simply becomes coloring for the building face. Each business is also allowed a maximum of two signs (see'Section 240.65 A.), note including the pylon. In your case the Hyundai name & Logo would count as the first and the Balise would count as the second as set forth above. As a result, the symbol and logo from the entrance referred to as the "Gateway" would needto be removed; as well as"the° logo from the service section." Please let us know if you will require any further details regarding this letter. Very truly yours, Jeffrey M. Ford, Esq. o Barnstable Ruildin krftimissioner: CC: Clients . TOWN.OF BARNSTABLE BUILDING PERMIT APPLICATIONAid- �� j Map 6T, Parcel v Permit# �� 7 Health Division Date Issued J/ es Conservation Division t U 1 Application Fee Tax Collector Permit Fee / Treasurer Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address S 1 519 � ` Village n Owner --- Address r Telephone 0 I Permit Request rno Square feet: 1st floor: existing proposedO/A 2nd floor: existing a proposed Total new Zoning Districteunazicie Flood Plain IV C1 Groundwater Overlay Project Valuation Construction Type Lot Size 9 Grandfathered: ❑Yes 0 No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family Cl Multi-Family(#units) Age of Existing Structure sa + Historic House: ❑Yes ❑No On Old King's Highway: 0 Yes ❑No Basement Type: ❑Full ❑Crawl O Walkout ❑Other Basement Finished Area(sq.ft.) 0 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: ®Gas ❑Oil 0 Electric ❑Other Central Air: ❑Yes 4 No Fireplaces: Existing 140 New Existing wood/coal stove: ❑Yes A No Detached garage:dexisting ❑new size 5061sV%ol: 0 existing ❑new size Barn:❑existing 0 new size Attached garage:❑existing ❑new size Shed:❑existing 0 new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes 0 No If yes,site plan review# -Current Use _-_ Proposed Use BUILDER INFORMATION ' d aName /I,, p le hone Number 5C�� Address /) License# 62410" }'- I Home Improvement Contractor# Worker's Compensation# ` 62 b b -T 63 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO &Sol I r�_ CA 1611 SIGNATURE `�.�'r DATE 1 1 ` 1 b ' 03 FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED X MAP/PARCEL NO. t R ADDRESS VILLAGE OWNER DATE OF INSPECTION: _ r r FOUNDATION - i R FRAME INSULATION FIREPLACE ' 'C ELECTRICAL: ROUGH -FINAL PLUMBING: ROUGH FINAL y 74 GAS: ROUGH -FINAL ^ y. FINAL BUILDING Al r'T•,' CJ � 1 t `� DATE CLOSED OUT ASSOCIATION PLAN NO. 4; �4 THE t° Town of Barnstable - Historic Preservation Division Barnstable Historical Commission BAR STABLE, * 200 Main Street, Hyannis, Massachusetts 02601 9� MASS. 039. (508) 862-4786 Fax (508) 862-4725 �� ArFO MAr A p July 15, 2003 LM-2 LLC c/o Robert Cannon Furman Cannon, PC -, 86 Willow Street Yarmouthport, MA 026753 Reference: 518 Yarmouth Road, Hyannis Dear Attorney Cannon: We are in receipt of your June 16, 2002, letter notifying the Town of Barnstable Historical Commission of your intent to demolish a dwelling at the above referenced property that is over seventy-five years old. The Barnstable Historical Commission has reviewed your request in accordance with the General Ordinance, Article XLIX— Protection of Historic Properties. Although the dwelling meets the threshold as being older than 75 years it does not qualify under Section a as a "Significant Building", and therefore the Commission determined that preservation of the structure was not warranted. In accordance with the Ordinance, this will serve to notify you that the Barnstable Historical Commission has no further concern for the demolition and you may proceed to seek a demolition permit from the Building Commissioner. Respectfully: Thomas A. Broadrick, AICP Director of Planning, Zoning, and Historic Preservation cc: a Thomas Perry, Building Commissioner Linda Hutchinrider,Town Clerk �NOV-04-2003 12:29 BARNSTABLE WATER COMPANY 5oe 790 1313 P.02i02 "Barnstable Water Company 47 Old Yarmouth Road a� P.Q.Box 326 A.'iInMLARYGYcUNNBCnCUTwATIM.rM M 1Nc.��,r� Hyannis, MA 02601-0326 Office:508.778.9617 Fax:508.790.1313 Customer Service:508.775.0063 November 4,2003 Town of Barnstable Building Inspector Town hall Hyannis,MA 02601 RE: Services#4054 and#6399, 518 'Yarmouth Road,Hyannis Dear Sir: Please be advised that the above water services were shut off and the meters removed on August 7,2003.The owners_ have informed us that they intend to demolish the buildings at that site. Sincerely, Jane Morse, Clerk Barnstable Water Company TOTAL P.02 I , NOV-14'2003 FRI 01 :31 PM KEYSPAN ENERGY DELIVERY FAX NO. 17818904898 P. 01 KeySpan Energy Delivery 201 Rroermoor Strom VV(;SI Roxbury.MassnchuuU5 02132 Tel 617 723-5512 November 14, 2003 Robert Bevilacqua 518 & 518A Willow St.. Hyannis, Ma. 02601 Re: 518 & 51 SA Willow Street, Hyannis, MA This letter is to confirm that the natural gas service to the above referenced property Main House and Cottage) has been cut and capped at the Gas Main on 11/12/63. Tf you should have any questions, I can be contacted directly at 508-760-7502. Sincerely, Johanne Ouellette 11eld Coordinator Cape Division ONSTAR Ohe NSTAP Way,Westwood,Uessachusetts 02090-9230 EL EC rIN/C OAS Dear Ms. Guadagnino!$evilacqua Const_, This letter will serve as confirmation that the electric service at 518 &518A Yarmouth Rd_, Hyannis was removed. Based on this information,there is no electric power to this building and you may proceed with the demolition. If you have any questions,please contact me at (781)441-3641 Sincerely yours, Angela 13alzarini Customer Service Clerk 199-d ZO/ZO'd LEb-1 BEBEbZtiL19 SNOUMd0 3010A MSN-Wojd 91 5l EO-LI-II The Commonwealth of Massachusetts Department of Industrial Accidents 600 Washington Street Boston,Mass. 02111 Workers'Com ens Insurance Affidavit-General Businesses name: address: /�D city state: 2i hone# � .. work site location full address): \ ❑ I am a sole proprietor and have no one Business Type: ❑Retail 0 Restaurant/Bar/Eating Establishment working in any capacity. ❑Office❑ Sales(including Real Estate,Autos etc.) ❑I am an em loyer with ism ]oyees(full& art time). ❑Other (%� %%%���%/'�i.��i. ill/% %%%%%% %%%// J�J I am an employer r rain workers' compensation for my ployees working on this job. COID an IIame. v V' saaress - ci : ( hone# J insurance.co: olle # . ❑ I am a sole proprietor and have hired the independent contractors listed below who have the following workers' compensation polices: address:.: . . . . -. .. ,. . ;. city:. phone#: insurance co. o lic; # j. j . . ZI%%////%�/%/ comnany name: address' city, Phone it insurance eo. tilicv#: . Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. 3 do 8 by der the p ins gnd�en esMegu�y that the in o n pr vi t ove is h rr�and eogPeyG a-- PrintAl 2 ure name / Phone#E.J( l�K , . offrcial use only do not write m this area to be completed by city or to official city or town: permit/license# ❑Building Department ❑Licensing Board 0 check if immediate response is required ❑Selectmen's Office f ❑Health Department contact person: phone#; ❑Other (revised Sept 2003) h Information and Instructions. Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the"law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual,painership, association,corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have-been presented to the contracting authority. Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation. Please supply company name, address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the"law'or if you are � required to obtain a workers' compensation policy,please call the Department at the number listed below. 0/1 City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits maybe returned to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents WIN of Investlgmens 600 Washington Street Boston,Ma. 02111 fax#: (617)727-7749 phone#: (617) 727-4900 ext. 406 Town of Barnstable • Regulatory Services S s�xrrsr�s Thomas F.Geller,Director tress. �prE 639. Building Division _ Tom Perry, Building Commissioner 200 Main street, Hyannis,MA 02601 office: 508-8624038 Fax: 508 790-6230 Property Owner Must Complete and Sign This Section If Using A Builder {Vic Cr1�_.:Lzi..::-......_.:_...;as..0urnet..ofthe.subjectproperty_ ._......._... .: hereby authorize ... :. .to:act on my:behalf,. in all matters relative to work authorized-by this building.permit-application for: • �►�,- 5 l�� ���r�.c�� ' �� 1 �s ��-_ c.�a�� 1. (Address of Job) '- Signature of Owner Date Print Name ...T-nn*,tc.r1WNFRLFRAdT.C.CTIIN ' Giangregorio,.Robin From: Giangregorio, Robin Sent: Wednesday, December 31, 2003 10:27 AM To: 'rcannon@furmancannon.com' Subject: Lincoln-Mercury, 518 Yarmouth Rd, Hyannis Dear Attorney Cannon; It has come to my attention that work is progressing with the aforementioned project at 518 Yarmouth Road (SPR 041-03). Yesterday,cars were relocated to this site for storage as proposed during the site plan review process. Obviously, not all of the site work has been completed and I recognize that completion may be impeded by the impending cold weather. For this reason, the issuance of a final CO will be postponed until 4/15/03. This will afford the applicant an opportunity to install the finish coat on the pavement,provide the landscaping buffer and finish any other work required in accordance with the approved site plan. Upon the completion of all work, a registered engineer or land surveyor must submit a letter of certification,. made upon knowledge and belief in accordance with professional standards that all work has been done in substantial compliance with the approved site plan(ZO Section 4-7.8 [7]). This document shall be submitted prior to the issuance of the final certificate of occupancy. If you have any questions regarding this matter please contact me directly either by email or phone. Thank-you. Sincerely, O�Phi_ Robin Giangregorio Barnstable Zoning&SPR Coordinator 508-862-4027 1 r V fi v Town of Barnstable Regulatory Services ` s"Ms"B MAIM ` Thomas F.Geiler,Director Fc •`��' Building Division Tom Perry. Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-403 8 Fax: 508490-6230 August 5,20.03 Attorney Robert Cannon 86 Willow Street-Suite 4 , Yarmouth Port,Ma 02675 Re: SPR 041-03 CC.Lincoln Mercury, 518 Yarmouth Road,Hyannis (R344-004) Proposal: Demolish existing dwelling & create paved vehicle storage area associated with CC Lincoln Mercury Dear Attorney Cannon: Please be advised that your client's application was approved administratively on August 5, 2003 as presented. A signed copy of the approved plan remains on file entitled "518 Yarmouth Road Proposed Vehicle Storage Plan in Barnstable, Massachusetts, May 21, 2003, by. Ross Engineering Company, Inc, Professional Engineers Land Surveyors, stamped and signed by Paul J Mirabito, Land Surveyor and Gregory J. Tansey, Professional Engineer and consisting of four sheets with revision dates identified as 6/30/03 Review Committee Revisions and 7/29/03 Site Review Comments. In accordance with Section 4-73 of our Zoning Ordinance, -a letter of certification shall be submitted by a Registered Engineer or Land Surveyor upon the completion of all work certifying' " substantial compliance with the approved site plan. erely, i k ; Robin C. Giangregorio Zoning& Site Plan Review Coordinator P Giangregorio, Robin mmimmmim From: Giangregorio, Robin Sent: Wednesday, December 31, 2003 10:27 AM To: 'rcannon@furmancannon.com' Subject: Lincoln-Mercury, 518 Yarmouth Rd, Hyannis Dear Attorney Cannon; It has come to my attention that work is progressing with the aforementioned project of 518 Yarmouth Road 1 (SPR 041-03). Yesterday, cars were relocated to this site for storage as proposed during the site plan review process. Obviously, not all of the site work has been completed and I recognize that completion may be impeded by the impending cold weather. For this reason, the issuance of a final CO will be postponed until 4/15/03. This will afford the applicant an opportunity to install the finish coat on the pavement,provide the landscaping buffer and finish any other work required in accordance with the approved site plan. Upon the completion of all work, a registered engineer or land surveyor must submit a letter of certification, made upon knowledge and belief in accordance with professional standards that all work has been done in substantial compliance with the approved site plan(ZO Section 4-7.8 [7]). This document shall be submitted prior to the issuance of the final certificate of occupancy. If you have any questions regarding this matter please contact me directly either by email or phone. Thank-you. Sincerely, ¢biniaie�2e�o�io Robin Giangregorio Barnstable Zoning&SPR Coordinator 508-862-4027 3 08/61/2003 'FR1 14:40 FAX 10002/011 FURMAN CANNON, P.C. Attorneys at Law 86 Willow Street VIA FAX Yarmouthport, MA 02675 Internet: furmancannon_eom August 1, 20C13 Robert T. Cannon Direct Dial Torn Perry 508-362-1548 Building Conunissioner Direct FaxNoicemail Town of Barnstable 508-861-0216 200 Main Street rcannon c�furmancann aiLmrn Hyannis,MA 02601 RE: Site Plan Review Application L.V1-2 LLC 518 Yarmouth Road,Hyannis;-MA-Applicant Y Dear Mr. Perry: As requested please find enclosed a revised paragraph 31 to my client's lease specifically noting a prohibition of any activities set out in section 3-5,2 (6)(B)of the Town Bylaws for Crroundwater Overlay Districts as well as a letter to my client enclosing that regulation and specifically bring their attention to it- I understand that we have now satisfied all the requirements of the Site Plan Review Committee ' and you will be signing off on this project so that we can close on this property on August 7, 2003. Thank you for your attention to this matter and you assistance. Very truly yours, Robert T. Cannon cc: James Langway f 08/01/2003 FRI 14:41 FAX zoo3/011 Lease, and said sentence shall apply to an assignee only when Lessor has specifically and expressly consented to such an assignment pursuant to Section 16 hereof. 29. performance of Obligations. (a) Subject to Section 39, with respect to any services to be furnished to Lessee or Lessor or any other obligations of Lessor or nonmonetary obligations of Lessee, each party shall in no event be liable to the other for failure or delay caused by war, strikes, labor difficulties, lockouts, breakdown; accident, order or regulation of governmental authority, failure of supply, or inability, by exercise of reasonable diligence, to obtain supplies, parts or employees necessary to perform such services or-obligations, or for any other cause beyond the first party's reasonable control, or for any cause due to any act or neglect on the part of the second party or its agents, employees, invitees or any person for whom such party is legally responsible; and in no event shall the Lessor or Lessee, except as otherwise provided herein, ever be liable to each other for any indirect or consequential damages or any inconvenience to such other party, or interruption of such other party's business. (b) The Lessor shall in no event be in default in the performance of any of its obligations hereunder unless and until the Lessor shall have failed to perform such obligations within fifteen(15) days or such additional time as is reasonably required to correct any such default after written notice by.Lessee to Lessor specifying wherein the Lessor has failed to perform any such obligation, (c) In the event of Lessor's default hereunder Lessee may perform such services or obligations itself at.a cost not to exceed the then current Monthly Base Rent, and deduct such cost from the rent. 30. Covenant of Title. Lessor covenants and warrants that Lessor has full right and lawful authority to enter into this Lease for the full term hereof. 31, Comgliance with Laws. Lessor acknowledges and warrants that the Property is now and , shall throughout the term of this Lease be kept or made in full compliance with any applicable laws, rules, regulations, codes,bylaws or ordinances in force in the Commonwealth of Massachusetts and the Town of Barnstable and Lessor shall not conduct (or suffer or allow to be conducted) any trade or occupation in or make any use of theproperty which is or will be unlawfully or contrary to any such law, rule, regulation, code or ordinance in force in the Commonwealth of Massachusetts and the Town of Barnstable. Specifically, Lessee shall not conduct or cause to be conducted any activity in violation of Section 3-5.2 (6)(S) of the Town Bylaws. 32. Notice of Lease. Lessor and Lessee agree that neither party shall execute a Notice of Lease in compliance with 1VI U L. c. 183 §4 nor record the same. 33. ADA Compliance. Lessor hereby represents and warrants that theproperty will comply upon completion of construction with the applicable provisions of the Americans with Disabilities Act. 13 w 08/01/2003 FRI 14:42 FAX 0 004/011 FURMAN CANNON, h.c. Yarmouthport Falmouth Attorneys at Law 86 Willow Street August 1, 2003 Yarmouthport, MA 02675 508-362-1548 Internet: fiir narcannon.com James Langway Cape Cod Lincoln Mercury Robert T, Cannon k 556 Yarmouth Road Direct Fax/Voicemail Hyannis, NIA 02601 508-861-0216 rcannon@fiy7nancannon.co com RE: 518 Yarmouth Road, Hyannis,MA Dear Jim: Enclosed, please find a revised paragraph 31 to the lease Agreement specifically noting that no activity will take place that is prohibited under Section 3-5,2 (6) (B)of the Town's Bylaws which governs Ground Water Overlay Districts. I have also attached a copy of thosc Regulations so that you are familiar with them. As always, if you should have any questions, please do not hesitate to contact me directly. Very Truly Yours, ROBERT T. CANNON OV01/2003 FRI 14:42 FAX C 005'011 ROSS ENGINEERING COMPANY, INC. Professional Engineers&Land Surveyors so Maki stnee+ Nor*W,MA 910e1 7at��3as FAX TRANSMITTAL Date: COMPANY: SUBJECT- FAX- FROM: COMPANY: ROSS ENGINEERING COMPANY, INC. PHONE NO: (781) 659-1325 Please call l`transmissior. is illegible or incomplete, FAX NO: (781) 659,1519 #PAGES lrneluding cover page) FILE NO: JN PRO COPY TO; REMARKS: ❑ FYI ❑ For Your Review ❑ Reply ASAP ❑Please Comment MESSAGE: --- ��D� �l[� � "- sCtc`0 r" 1 CONFiVENBAL1TY NOTICE This facsimile eontains privileged Ord confidential information intended only'o-the use of the Individual or entity reamed above. if the reader of this AMmli®la not the Intended recipient or the•rriplayee or aprit responsible for deflminq if to the o'nt®nded reclplent,you are hereby notified that any Wssenfrn 26an or copying of tins facsimile is strictly prohibited. If you have received this fausimile in error,please notify us itlmedistely by telephone and return the odglnal facsimile to us at the above address vie tie V.S, Postal Service. Ive will relmbu:se you for postage. Thank you. too in 5NIUSSATID93 99011 519T`659 TV1 VJ 91:90 IUd CO/10/90 , 08/01i2003 FRI 14:43 FAX Z 006/011 B3 3-5.2 Groundwater protection overlay Dietricte16 1) Purpose: The purpose of this section is to protfct the public health, safety, and welfare by encouraging non-hazardous, compatible ' land uses within groundwater recharge erea6. 2) Districts S%tab-lishmd: In order to carry out the purpose of tf.is section, t1le following overlay districts are hereby established, and shall be, considered as superimposed over any other district established by this ordinance: AP Aquifer Protectiont Overlay District G? Groundwater Protection Overlay District WP well Protection Overlay Diatric:t The GP Groundwater Protection overlay District is based on Zone l ! delineations to existing, proven future, and proposed future public supply wills. asp determined by Geracihty and Miller, inc_ , and as shown on figure da, in their report entiticd: "Groundwater Cond«tionso Town of Barnstable.-, Massachusetts, Volumes I of III; together with Appendices A-D and E-1i in Volumes II of 1Iz AAd III of 1I1", dated a)vember 1993 and "Corrections, zone II Delineations For Pub'Ac Water Supply wells, Town of Barnstable, Massachusetts", dated December 19931 except that the GP Groundwater Protection overlay District (Bone II) , to SartAstable Fire District wells 3 and 4, is delineated by Whitman and Howard, Inc. in a report entit.,ed "Report on Prolonged Pumping Test and Zone 11 Delinsa- ion at Test Well Site 6-90, Barnstable -Fire District, Barnstable Massachusetts",. dated October 1991. The Zone I1 delineations to existing and proven future wells have been approved by -:he Department of Mvironmental Protection, Executive Office of Environmental Affairs, CommoAwealth of Massachusetts, in a letter to the Tovm of Barnstalal® dated March 13, 1996. The 17P Well'Protection Overlay District is based on a five year time Of LXavel ,zone to existing, proven future and potential future public supply wells, delineated by +3eraghty and Miller Inc. , in report$ referenced above, except !hat the WP zone to BarnstOle Fire District well.No. 2 is delineated by Earth Tech, con3ultant to Barnstable Fire District, cirm. arized in a .lsttar and a map to the District dated Max 13, 1937. The WP Well Protection Overlay District to Barnstable Yire District 2 is that portion ot 'the five year time cf trav-1 zone located within the GP Groundwater Protection Overlay District (Zone 11) 5001� DKIUHTg 19143 SGGH 6191 8S9 19L rVA 9I:90 INN �0/10/40 08/01/2003 FRI 14:44 FAX 00v%(III 54 The AP Agaifer Protection overlay District cousists 'of all areas of the Town. except those areas within the GP Groundwater and WP well Protection Overlay Districts. The reports, letters and maps are on fiit with the Town Clerk. (Revised by a 10 Yes vote of Town Council on Sept. 17, 2998 on item 59-012) 3) Overlay Districts Map: The overlay districts established by this section: the GP Groundwater Protection District; the WF Wall Protection Overlay District; and the " Aquifer protection overlay District, are shown_ on Che Ofticial Zoning Map, Section ;-2.1, IdentifiCation of Zoning Map. (Revised by 10 yes vote of Town Counetl on Stem 99-012 on Sept. 27, 1998) 9) Dis:triat HotiGdarlos: where the overlay district boundaries cdvide a lot, each portion of that lot shall be subject tc. all the regulations applicable to the district in which it is located. (Revised by 10 yes vote of ''`oim Council on item 99- 012 on Sept. 17, 2998) 3) AP Aquifer Protection Overlay District Regulations: A) F"—=Itted Uses: The following uses are permitted it, the AF aquifer Protection Overlay District- a) Any use permitted in the under:.ying zoning districts, except for those uats specifically prohibited by Section 3-5.2 (S, (0) herein. B) Prohibited uses: The Following uses are prohibited :.n the AF .Aquifer Protection Vverlay District; a) Any use prohibited in the unde:-3yixxg zoning districts. 6? GP Groundwater Protection Overlay District Regulations: AJ permitted- Uses. The following uses are gexmi:ted in the GP Groundwater Protection Overlay District; a) AhY use allowed in the underiy:_ng 7=ing districts, except those uses specifically prohibited in Section. 3� •2 (6) ;B) herein: too1z 1599 19L XY3 BT 80 Im 'Co/70/90 r i18;01i2003 FRI 14:45 FAX o08iii11 85 B)T Uses: wing uses are prohibited ii tLo GP groundwater n Overlay District_ se prohibiteO. in the underlying zonizq icts. , ills and open *Umps as defined in 310 CMR �.yards, salvage yards and automobile graVeyarde, as defined in MGL C. d) Mining of land, re#'Oval of Banc and gravel, and quarrying of other raw materials. e) The removal of soil, loam, Sane , gravel and othez mineral substances to within four feet of the historic high water mark unless the substances remOVed are redeposited within 45 days and the final grade exceeds four £set above the historic h'.gh water mark, -and except for excavations for the foundations of buildings. . and structures and the instalItttion of utilities- Underground fuel storage tanks g) storage for resale of hcatkng ''.eels, including but . not limited to, oil, Coal, gas and kerosens. �1. h) Sewage treatment plant; dispos,31 works, or small package treatment facility subject to 314 CMR 5.00, except for the following: i)The replacement or repair of an existing facility that will not rtgult in a design eapaC4.ty greater _than the design capacity of the existing system(s) ; t t "ii)Treatment works approved by the Department of j Environmental prvtee"_lon desigjsd for the treatment of'.contaminated ground cr surf aca waters; mild iii)Sewage treatment works includzrig package treatment faCilities, which are 0WAe4 and operated by the Town of Barnstable, acid located in areas with existing water asality problems attributable to current septic systeuts where there will be a. net improvement in water quality with the installation of tht treatment facility, too[} 67H 699 18t %Yd GIM IHJ MTo/90 08/01/2003 FRI 14:46 FAX m 009i011 i) CorlmerCial feedi-ag of livestock . j) Storage of road salt or other deicing materials. k) Metal plating, finishing and pclfshing_ 1) Chemical and bactexiological la borator es. m) Boat, motor vahicle and aircraft cleaning, . service and repair. n) Dry-cleaning processing establishments. o) Furnitllra stripping, painting zmd refinishing. p) -Any other use which generates, treats, stores or disposes of hazardous waste thrt are subject to M.G.L. C. 21C and 310 MCR 30.0(1, except for the following uses; i)VerY small Quantit e y Generato:' as defined by 31Q CMR 30.00; ii)waste oil retention f acilit:.®s for retailers of motor oil required end operi�ted in compliance with M.G.L. C, 71, S. 52A,. ® iii)Treatment works approved by ':he Department of Environmental Protection desiq.ied in accordance with 314 CMR 5.00, �.or the treatment of contaminated ground or surface waters; iv)Ho�Avehold hazardous waste collection centers or evonts operated according to 3Lo CMR 30 ,390\,. q) Landtilling of sludge and septic as defined in 310 CmR $2.05. r) Storage of sludge and septage, as defined in 310 CMR 32.05, unless in compliance wi:h 310 CMR 32.30 and 310 CMR 32.41 al Storage of animal manures unless protected from the elements and contained in a at!-ucture which prevents leachate from contaminating grDundwater, in accordance with all the requirements of the United States Soil Conservation Servi-.e. t) Stockpiling and disposal of snow and ire removed from highways and streets located outside of the GP fi00 j ONIR3'dOSMa SS08 8191 699 TBL xyd eT:90 Ise! 0/10/80 08i01/2003 FRI 14:46 FAX ry0010!011 A' ; � x er . ^and WP di trict wh1c11 Contains° sodium ck loride;' calcium ^hloride, chemioally. treated abrasives or other chemicals used for. ice and snow xemoval . u) SEorage of liquid pettoleum prcducts of any kind, except those incideaatal to: i)normal household use. and outdoor maintenance cr the heating of a structures ii)waste oil-retention faciliti e3 required by M.G.i,• �\ C. 21, iii)emergency generators req'uirec,, by statute, °rule or, regulation; a . iv)treatmerit- works approved by the Department p® designed in accordance with 31�. CMR 5.00 for j the treatmtAr of contaminated s_fround or suriaoe waters; and Provided that such storage is �iithez in a Tres sanding container within a b-oi,ldii+g or in a free standing container above ground lelrel with protection ° adequate to contain a spill the si::e of the container's total storage Capacity; however, replacement of existing tanks or ®y®tems for the keeping, dispensing or stdtirrg of aa®oLine is allowed consiatent 'iith State, and local requirements; and � r� v) Any other uee.Ahich involves as a principal activity tor.use, the generation, etoYag•', use, treatment, transportation or disposal -of iaaardous materials. C)- Lot Coverage,: ek . x"Vnless the applicant clemonsirates that all -rim-off is rttharged on-site, no more than 15k or 2,500 oquare feet,' whichever is greater, of the total area of aiiy lot skull be rendered imper-tious lfy the installation of building3e otructures and paved surfaces• If all rechaxge is disposed of on-site, no more than fifty percent (50%) of the total upland area. of any lot shall 'be made .-impervious by th►� installation of :buildings, st"Qt-U es, and paved surfaces. L`) site'Clearing: A .minimum Of thirty percent (30W) of the total upland X ! area of any lot shall be 'retained in its natural state, This shall not prevent the removal of dead, disea8ed or "- LUmcred trees. M. x y - c , r i ®oo �,aaaant BTQT 6C9 TSL �d OL:90 1lL�I� c0/T9/80' = x r e. r r 08/01/2003 FRI 14:47 FAX (�JO11/011 6B 7) WP Well Protection overlay Dlstrict Reculations: A) FeMlr,ted U@C5 Z The following uses area permitted ir. the WP Well protection Overlay tistii.ct: a) Any use allowed in the underly-ncg zoning districts, cxaept those specifically prohibited in Section 3- S.a(7) -iB) herein: B Prohibited d Uses The following uses are'prohibitcd :.n the WP well Protection overlay District: a) any use prohibited In the under.-lying zoning . �' districts. ,IN b) All uses pxol?ibited in section 3-5.2 (6) (a) herein. c) Parking and/or storage of tran.aport vehicles for fuel,, including but not. 11mite,l to oil, coal and gas. d) . Parking and/or storage of trap;port vehicles for toxic and/or hazardous substances. e) ' Anytuse which uses, generates zr atores, including racking for re-sale, toxic ar jazardous substances, totaling at any one time, more than fifty (50) gallons liquid volume or twenty-five (25) pounds °dry weight. C) hot .Coverage: Unless the applicant demonstrates that all run-off is recharged on-site, no more than ISW or 2.500 square feet whichever is greater, of the total area of any lot shall be rendered impervious by the installation of buildings, structurc5 And paved surfaces. If all recharge is disposed on on-site, no more than fifty percent (50"%) of the total -Aplard area of any lot r-hall be made impervious by' the installation of buildinga, structures, and paved aurfaces. D) Site Clearing: _ A minimum of thirty percent (300) of the total upland area Oz any lot Shall be retained in 'itQ natural state. t00�! IDNI?IgM15KH ss08 6191 698 18L Vd OZ:90 Iva .90/TO/80 Wednesday, July 30, 2003 11:47 AM Robert T Cannon 508-861-0216 � p.01 . t FACSINI.ILE TRANSMITTAL SHEET TO- FR.i�k1 1'OM l'ert-y Kcil)ttrt Caritiori CC)k!P-�NY I)A*1'i': Too r1 o B-arrist�Ablc,Builclinlr Ju1v 30 1003 Ci Mmn:issioner FAX NUMBER: TO'TsI.NO.Or i 1GEE[N::LUDING'.=UV ER 9,5087906230 17 I'ri0Nb\uA-1LIE l: s::rat_txsxLt•'�R�Nc:t r,u�,tt;tx: 518 Y,,,T)10LitI1 Rt:,,1ci l ItTinnis �L� _ L© lti-c-ec Ck 04-(`e ❑ URC;Er:'T ❑ FUR KEi'iE.,,v ❑FL-- :SE C!?h'I;tiPNT PLE! SE REPLY ❑ PLEASE REC'YCL=. r P:uTL5i.:.7iv:PdENT6:� Dce j.r .Mr. Lenz', .�s requested as[part of the Site Plan i:e ie�c process for -he ab,,-;e site i.,a cops-of the Leaee Agteemerir that i'�-ll he enrcred alto upon completion of the s-,,& I tuiderstmd that gnu requested this for your staff mcctilig,this afternoon. Picase do not licsitate to contact rn,-if You need aj.iy fi-trther information. c.c. lames Laugway ct r J / f v .. IF YOU HAVE ANY QUESTIONS OR PROBLEMS RECE MNG TI IE ATTACHED,PLEASE CALL (508)362-2000 THIS FACSIMILE:CONTAINS PRIVILEGED AND C ONFIDE;NI'.IAL INFORMATION INTENDED ONL`i FOR THE USE OFTI IE INDIVIDUAL OR ENTITY NANIED,A.IIOVE. IF THE READER OF, THE FACSIMILE IS NOT THE INTFNT)FT) RECIPIENT OR THE FMPLOYEF, OR AGENT RFSPONSIBLE, FOR I)F:I,IVF;RIN(; I'I"I'O THE IN'I'F;NDF:I) RECIPIENT, YOU ARF: HF:RF:IiY NOTIFIED TIIAT ANY DISSEMINATION OR COPYING OF THIS IIS FACSIMILE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE, 1MMEDLki'ELY NOTIFY US BY TELEPHONE AND REAIURN THE ORIGINAL FACSIMILE TO US AT THE ABOVE ADDRESS VLi THE U.S.POSTAL SERI,ICE. THANKYOU. SUITE 1 508 -.1518 508-861-0:116-DIRECT GOICE.1.i]LiFS? Wednesday, July 30, 200311:47 AM Robert T Cannon 508-861-0216 p.02 THIS LEASE made this day of 2063, by and between Cape Cod Lincoln, Mercury,Inc.,a Massachusetts Company,with a place of business at 556 Yarmouth Road,Hyannis, MA (hereinafter called the "Lessee"), and L--ki TH, LLC, a Massachusetts,Limited Liability Company, with a usual place of business at 556 Yarmouth Road,Hvannis, .Nlassachusetts, (hereinafter called the "Lessor') WITNESSETH as follows: 1. Property and Appurtenant Rights. 'That_in''consideration of the rent and covenants herein reserved and contained on the part of the Lessee to be paid, performed or observed, and subject to the terms and conditions hereinbelow set forth., the Lessor does hereby demise and lease unto"the " Lessee the Property(hereinafter the "Property") consisting of approximately 39,381 square feet of" land as shown on the Plan in Exhibit "A" attached hereto and identified as Lot 2 � 2. Term. (a) The term of this Lease shall be` ten, (I O'-years, commencing on R 'August 7, 200' (the "Commencement.Date"). ,A (b) Lessee is hereby granted the option to extend the term of this Lease for two (2) fire (.5) year terms,with each extension term commencing at the end of the preceding term; provided that nine(9) a months'advance written notice("Lessee's Extension 1°votice")is given to Lessor,and further provided' that Lessee is not in default hereunder beyond any applicable grace or cure period at the tinge of delivery of Lessee's Extension Notice to Lessor..The terms and conditions of this Lease shall apply during each extended term, except that theAnnual Minimum Base Rent shall be 90%,of the fair market value of the Property determined in accordance with the procedure set forth below as of the commencement of the applicable extension ierm. (cl Fair market value`of the Prppe'rty shall be determined as follows: Lessor and Lessee shall attempt t first to agree upon the fair market value fcr'the Property. Ifthe parties have not agreed in writing as s to the fair market value on or before the ninetieth (90th) day preceding the commencement date of the, applicable extension term,Ahe"n',he' fair market value shall be determined by arbitration as provided herein. Each party`"shall appoint an arbitrator within thirty (30) days after written notice k from either party of the necessity`for arbitration, and shall adi''ise the other party in,writing of its choice of arbitrator:If either party fails to appoint an arbitrator within the later of said thirty:(30)day period-or,ten-(10) days after notification of the appointment of arbitrator by the other party, the, person appointed as first arbitrator:may appoint a second arbitrator on behalf of the party which has` v ar Wednesday, July 30,2003 11:47 AM Robert T Cannon 508-861-0216 p.03 not appointed its arbitrator. The two arbitrators appointed in either manner shall then proceed to determine the fair marl,,-et value of the Property, in the event of their inability to agree on a result withir:thirty(30)days of their appointment,the two arbitrators may select a third arbitrator,in which event an award by two ofthe three arbitrators shall be binding upon the parties. If the two arbitrators are unable to agree on the identity of the third arbitrator within thirty (30) days of their failure to agree on a result,they shall petition a court of competent j uriscjiction to appoint such third arbitrator. The decision of the arbitrators shall be binding and conclusive upon the parties and may be entered in any court of competent jurisdiction. Lessor and Lessee shall each pay one-half of the expenses and fees of the arbitrators. 3. Annual Minimum Base Rent. (a) The Arulual Minimum Base Rent payable by Lessee during the initial term of this Lease shall be payable in advance on the first day of each and every month during the term of this Lease, and proportionately at said rate for any partial month and shall be as follows: Square Feet Lease Year Net Rent. Annual Monthly 39,381 1-10 $ 0.00NNIN $ n0,000 00 $$5,000.00 (b) As used herein "Lease Year" shall mean the twelve (12) month period following the Commencement Date of this Lease (or if not commenced on the first day of a month, then the first day of the first full calendar month following such Commencement. Date.) and each anniversary thereafter. Checks for rent shall be payable to the Lessor and sent to it until the Lessor directs otherwise in.writing (c) if any rent obligation due hereunder is not paid within fifteen(15)days after it is due,Lessee shall pay Lessor a late charge equal to five (511%) percent of such obligation, which late charge shall also be collectible as additional rent hereunder. 4. Use of Pro per . The Property shall be used solely and only for the retail sale of automobiles and ancillary uses related thereto. 5. Lessee's Share of Lessor's Ope"rfntinE Costs. � (a) The Lessee shall pay to the Lessor, in addition to the Annual Minimum Base Rent and other payments to be paid hereunder, as additional rent, a pro rata share of the Lessor's actual and reasonable costs and expenses paid or incurred by Lessor in operating, repairing, maintaining and managing the property (collectively, "Operating Costs and Expenses"). Such Operating Costs and Expenses shall include,but not be limited to- a reasonable management fee not to exceed four percent (4%) of total gross income of the property, landscaping, water and sewer charges,_ repairs, Wednesday,July 30,200311:47 AM Robert T Carnon 508-861-0216 p.04 maintenance, liability insurance, snow and refuse removal, management, and maintenance of all the paved areas of roadways and parking area. For purposes of this Lease, the following items shall not be included as Operating Costs and Expenses: i. Costs of any capital improvements or replacements, except to the extent they reduce operating costs; ii. Loan payments or interest of any kind; iii. Refinancing costs; iv. Depreciation or amortization; V. Costs of remedying any building code violations; vi. Interest or penalties resulting from delinquent payment by landlord of any taxes, fees or contract amounts,' vii. Penalties or costs, including legal fees, arising from Landlord`s violation of laws or contracts with third parties, viii. Advertising costs; promotional fees, and leasing commissions; ix. Any amount in excess of 100% of actual expenses; except the four{4%) Management fee established in paragraph 5(a) above; X. Anv bad debt loss, rent loss or reserves for debt oY rent.loss,, xi_ Costs, including legal fees, directly and solely related m the creation- maintenance and operation of the entity or partnership which constitutes the Landlord-, xii. The cost of any work for which Landlord is reimbursed by insurance proceeds or for which landlord is not obligated to pay by reason of any warranty or guaranty; xiii. Installation of all fire/life safety systems or equipment fincluding. any sales taxes or other taxes thereon) required by currently existing laws, ordinances or regulations; xiv. Cues, fees., and contributions paid to civic or political " organizations and associations; xv. franchise and license fees or charges; xvi. Any fees or- charged paid by Landlord to any government agency for the privilege of owning, leasing, operating, maintaining, or servicing the Property or any of its equipment or property,. r XV11. Payments made under any easements, operating Agreement, license, restrictive covenant_, or any ` r instrument pertaining to the payirtent or sharing of { 1 Wednesday,Jcly 30,2003 11:47 AM Robert T Cannon 508-861-0216 p.05 costs among property owners, xviii. Rentais for items wl'iclr, if purchased rather than 'rented, would constitute a,capital improvernent or t f equipment; xix. Costs arisilig from the negligence, or intentional acts- of Landlord or its agents,or any vendors,contractors;,. g or providers of materials or services.selected,-hired or engaged by Landlord or its agents; ; xx. Costs arising from the presence or removal''of >` - hazardous or toxic materials or substances located on the land, including, without limitation, any costs }. incurred 'pursuant to the requirements of any governmental laws, ordinances, regulations or orders H relating to health,safety or environmental conditions, including. but not limited to, regulations concerning. , asbestos, soil and ground water rconclitions'-or contamination regarding hazardous materials or substances; xxxiii Reserves for capital items, including, but not limited { to, replacement reserves, and reserves for bad debts Pr lost rent or any similar charge not irvolving the = payment of money to third parties; F xxxiv, Any other expenses which would not normally be treated as a cost of operation (to be reimbursed by` tenants)by'landlords of comparable properfvs". 3 n (b) Lessee may, on reasonable notice and'du`ring normal business hours, audit Lessor's records of operating costs and expenses: (c)' Lessee agrees to pay to Lessor monthly, at the time and place the Annuat Minimum Base Rent is payable, one-twelfth (1/12) of Lessee's„pro rats share of the Operating Costs and Expenses as estimated by Lessor's good faith judgment,;with a final adjustment to be made-as soon as actual operating costs have been determined by Lessor. Such final adjustment shall be determined by Lessor - vGithir, three months after the close of the Lease Year for which such adjustment is being made. } Operating costs shall be collectable as additional rent hereunder. Lessor shall,furnish Lessee any and' all reasonable backup information and documentation pertaining to Operating Costs and Expenses. (d) Subject to final adjustment;as,provided in section E(c),Lessor has estimated Lessee's additional P monthly rent for Operating Costs-and Expenses to be $5.00 per square foot per annum 6. ;'Payment By Lessee for heal JEstate Taxes. _ Wednesday, July 30, 200311:47 AM Robert T Cannon 508-861-0216 p.06 (a) In addition to the rent to be paid by Lessee, Lessee shall also pay to the Lessor a pro rata share, allocated as below set forth, of the real estate taxes (the"Taxes") paid by Lessor on the property in each year. The term"real estate tax" or like term as used herein shall include "betterment assessments". Howeven if the real estate tax includes such"betterment assessments" and such assessments may be paid on an installment basis, Lessor agrees to allow Lessee to make such payments on the same installment payment basis. (b! Lessee agrees to pay monthly, at the time and place the regular rent is payable, one-twelfth 0 12) of Lessee's pro rata share of Taxes as estimated by Lessor's good faith judgment, with a final adjustment to be made as soon as Lessee's actual share has been determined by Lessor. Such final adjustment shall be determined by Lessor within three months after the close of the Lease Year for which such adjustment is being made. Taxes shall be collectable as additional rent hereunder. Lessor shall furnish Lessee with copies of all real estate tax bills for the Property. (c} An equitable adjustment shall be made in Lessee's pro rata share of Taxes with respect to the first and/or last year of the term hereof in the event that the first and./or last year of said term shall not coincide with the tax year. (d) Lessor shall have the right, from time to"time and at any time, to apply for abatements or reductions of Taxes upon advance written notice to the other party and, once commenced, the applying party shall diligently prosecute the same to completion, all at its sole cost and expense, and shall not discontinue and same without at least fifteen(15) days' advance written notice to the other party and without ottering the other party the opportunity to take over such proceedings. The non-applyring party shall be provided with copies of all pleadings, filings, and correspondence with respect thereto and the opportunity to participate at its own expense. Each party shall cooperate with the other in such proceedings. If Lessor or Lessee shall receive any Tax refund-car reimbursement of Taxes or sum in lieu thereof with respect to any tax year, then any balance remaining thereof after deducting Lessor's and/or Lessee's (as the case may be) expenses as the party cond'+.acting such proceedings reasonably incurred in obtaining such refund shall be allocated between Lessor and Lessee according to the portion of the applicable tax year for which Lessee paid Taxes under this Lease; provided, that in no event shall Lessee be entitled to receive more than the payments made by Lessee on account of Taxes for such tax.year and provided further that.no party shall otherwise be entitled to reimbursement for its costs and expenses from the other. (e) The foregoing provisions of this section are predicated upon the present system of taxation in the Commonwealth of Nlassa.chusetts. If taxes upon rentals or other taxes shall be substituted, in whole or in part,for the present ad valorem real estate taxes, Lessee's pro rata share of taxes (as - set forth above) shall be based upon such taxes on rentals or other taxes to the extent to which the same shall be a substitute for the present ad valorem real estate taxes. 7. Lessee's General Covenants. in addition to all other covenants and agreements of Lessee contained in this Lease, Lessee covenants and agrees at all times during the term hereof and for Y Wednesday, July 30, 2003 11:47 AM Robert T Cannon 508-861-0216 p.07 t, any further time as it shall occupy the Property or any part thereof to pay when due. all Annual Minimum Base Rent and additional rent provided for herein; to save the Lessor harmless from all loss and damage occasioned by the use of water in or escape of water from the Property, or from the bursting or cracking of the water pipes, or from the stopping or leakage of water, gas, sewer, steam, or other pipes, if any, unless such damage Is caused by the act, omission or negligence of Lessor, its agents, employees, invitees or any person for whom Lessor is legally responsible; to remove its goods and effects., and those of all persons claiming under it, at the termination or expiration of this Lease, and to peaceably yield up the Property thereto to the Lessor, and leave the same clean and in substantially the same repair, order and condition as such Property are in at the Commencement Date or may be put in during the continuance thereof excepting reasonable wear and tear, and damage by fire or other unavoidable casualty; not to commit any nuisance, or overload, damage or deface the Property: not to carry- on any business or occupation which shall be unlawful, or contrary to any applicable law or ordinance in force for the time being; not to do any act or thing upon the Property outside of the scope of uses permitted under Section 4 hereof which will make them uninsurable, or which shall directly increase the premium for insurance on the property and will reimburse Lessor for all extra andior additional premiums caused by Lessee's use; and to procure any authorizations or licenses required for Lessee's use of the Property by the Lessee, and to procure any authorizations or licenses required for Lessee's use of the Property; to permit the Lessor to enter at reasonable times, after at least twenty-four(24) hours' advance notice (unless there is an emergency) so as not to unreasonably.interfere.with Lessee's business activities, to view the Property and to make, if it so elects, repairs or alterations necessary for the preservation and safety of the Property and to permit the Lessor to show the Demised Premised to prospective tenants and mortgages in the last six (b) months of the initial term of this Lease or any extension thereof, provided Lessee has riot renewed the Lease. 8 Repairs. (a) Lessor shall promptly commence repair, if necessary, within seven(7) days of receipt of notice ti-om Lessee, repairs to the parking areas and roadways, and repairs to electrical systems, except for damages caused by any act or negligence of the Lessee, its agents, employees, invitees or any person for whom Lessee s legally responsible, and except as provided in Section 18, damage by fire or other unavoidable casualty. All repair costs shall be operating costs and expenses under Section 5(a) (except as expressly excluded thereunder). Lessor shall make, if necessary, all repairs, alterations, additions, improvements, or replacements required to rectify or correct any defect in the paving surfaces or equipment. (b) If Lessor fails to make such repairs as required by Section 8(a) above, Lessee may,at its election, make such repairs and deduct the cost of such repairs from its next payment of Annual Minimum Base Rent and additional rent due hereunder. 9. Utilities. Lessee shall pay for its own utilities, including but not limited to, electricity. The separate electric and gas meters for the Property shall be in Lessee's name. Subject to the preceding sentences of this Secticn'and subject to interruptions due to unavoidable casualty, and the time required to repair damage, Lessor agrees to provide throughout the term hereof hot and Wednesday,July 30, 2003 11:47 a^A Robert Cannon 508-861-0216 p.08 cold twining water for ordinary cleaning, lavatory, and drinking purposes. The cost of water and sewer charges are part of the Operating Costs and Expenses under Section 5(a). 10. Alterations and Improvements. The Lessee shall make no alterations, changes or improvements in or to the.Property without.the written consent of Lessor, which as to non- structural and non-mechanical/electrical alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Lessor's consent shall not be required for any non-structural alterations, changes or improvements the total cost of which does not exceed Three Thousand ($3,000,00)Dollars. Alterations, changes or improvements to the Property that are approved in writing by Lessor shall be constructed by a contractor selected by Lessee and reasonably acceptable to Lessor, at Lessee's cost and expense. 11, Removal of Fixtures and Tenant Improvements. Lessee may, during the term hereof and at the termination of this Lease, remove all fixtures and equipment installed by it but all additions or tenant improvements made by either the Lessor or Lessee which are attached to the Properly. 12. Indemnification. (a) The Lessee covenants and agrees to indemnify and defend the Lessor against, and to save it harmless from, any and all claims or whatever nature, actions, losses, damages, liability and expense (including reasonable attorneys fees) in connection vcTith loss of life, personal injury, and property damage arising out of or resulting from(i) any occurrence-within the Property,unless due to the act or omission of the Lessor, its agents, employees, invitees, or any other person for wham the Lessee is legally responsible or(ii) any act or omission of the Lessee, its agents, employees, invitees., or any person for whom the Lessee is legally responsible, whether or_not in or on the Property. o , o h) The Lessor coy covenants and a gees to indemniiti and defend the Lessee against, and to save it harmless from, any and all claims of whatever nature, actions, losses, damages, liability and expense(including reasonable attorney's fees)in connection with the loss of life,personal irijury, and property damage arising out of or resulting from(i) any occurrence on the Property unless due to the act or omission of the Lessee, its agents, employees, invitees, or ary other person for whom the Lessee is legally responsible or (ii) any act or omission of the Lessor, its agents, employees, invitees, or arty other person for whore the Lessor is legally responsible, whether or not on the Property. (c) The Lessor agrees not to seek indemnification directly from the assets of the Lessee pursuant to Section 13(a)until the Lessor has received all amounts recoverable after final judgment on an action by the Lessor to recover on, or payment of the policy,limit on, the liability insurance policy or policies purchased by the Lessee pursuant to Section 13. (d). The Lessee agrees not to see indemnif cation directly from the assets of the Lessor pursuant to Section 16(b)until the Lessee has received all amounts recoverable after final judgment on an Wednesday, July 30, 2003 11:47 AM Robert T Cannon 508-861-0216 p.09 action by the Lessee to recover on, or payment of the policy limit on, the liability insurance policy or policies purchased or caused to be purchased by the Lessor pursuant to Section 13. Insurance By Lessee and Lessor. (a) The Lessee shall maintain with respect to the Property comprehensive general liability insurance, with appropriate contractual liability endorsements covering all of the Lessee's obligations under Section 15, and covering personal injuries and property damage with limits of not less than $1,000,000 for any injury, death, or property damage which arise out of a single occurrence, and a $2,000,000 annual aggregate for multiple occurrences. Such insurance shall be written by a company licensed in Massachusetts. The insurance policy shall name the Lessor as an "additional insured" and the coverage shall not be canceled except on thirty(:30) days' advance written notice to the Lessor. The Lessee shall deliver to the Lessor a certificate of said insurance by the Commencement Date. if the Lessee shall fail to comply with the requirements of this Section.. Lessor may purchase such insurance and the reasonable expense thereof shall constitute a debt by the Lessee payable to Lessor as additional rent. (b)Lessee shall insure its own personal property at its expense. 14, Damage By Fire, Eminent Domain, The Lessor and Lessee covenant and agree that., in the event that the Property, or any part thereof or the whole or any part of the Property shall be destroyed or damaged by fire or other casualty after the execution hereof and before the expiration of the then existing term hereof, Lessor shall exercise all reasonable efforts to restore; m repair or rebuild the sae. 1f the same are not restored, repaired or rebuilt within. six (6) months of the date of such fire or casualty, then this Lease and the said term shall terminate at the election of the Lessee. Lessor and Lessee further covenant and agree that, in the event that the Property, shall be taken by any exercise of the right of eminent dor-rain, Lessor shall similarly use all reasonable efforts to cause the Property, or whatever may remain thereof to be restored, repaired or rebuilt to as close to their original configuration as reasonably possible, provided, however, that if sixty percent (60%)or more. ofthe Property shall be taken by the right of eminent domain, Lessee shall have the right to terminate this Lease. In the event of any such taking, or destruction of or damage to the Property, rendering the same or any part,thereof unfit for use and occupation, a just proportion of the rent Annual 'Minimum Base Rent and other charges due hereunder shall be suspended or abated until the Property, or, in the case of such taking what may remain thereof shall have been put in proper condition to said taking, damage or destruction. Ti he Lessee hereby releases and discharges the Lessor from any claims it may have or may in the future have against 4 the Lessor by reason of any taking as hereinbefore set forth; and the Lessee hereby assigns to the -Lessor any and all claims and demands or damages on account of such taking or for compensation for anything lawfully done in pursuance of any public authority;, and covenants with the Lessor that the Lessee will, from time to time, execute and deliver to the Lessor such further instruments or assignment of anv such claims and demands as the Lessor shall reasonably request; provided, however, that the Lessee shall be entitled to recover for its fixtures, personal property and Wednesday,July 30, 2003 11:47 AM Robert T Cannon 508-861-0216 p.10 relocation expenses. 15. Waiver of Subrogatit1n. Each party Nroill, on the request of the ether, vrohen it can be arranged without affecting the requested party's rights to settle losses and receive.proceeds and without cost, or the requesting party agrees to pay the cost, cause the requested party's fire and casualty insurance with respect to the Property and prooery therein to be so written that the insurer will not have rights of subro,Tation against the requesting party. Each.party hereby .�gives anv riglit of recovery against the other for loss of injury to the extent the waiving party is protected by insurance so written 16. Assignment, Sublet. Nomithsta.nding any other provisions herein contained, the Lessee may net.assign this Lease or sublet the Properly without the written consent of the Lessor, which consent shall not be unreasonably withheld, conditioned or delayed, provided that the intended use of the Property by the proposed assignee or sub-Lessee is consistent with the usew of the property as set forth in section 4 above. In the event Lessor consents to an assignment of this Lease, Lessee shall remain liable for all obligations of the Lessee hereunder, including payment of Annual Nfinimurn Base Rent and other charges under tl-ds Lease, Notwithstanding any provision of this Lease to the contrary, Lessee shall have the right with the consent of Lessor to assign this Lease and to sublet the Property to an affiliate of Lessee. or to any entity irto which Lessee is merged or with which Lessee is consolidated or which purchases a majority interest in the ownership or assets of Lessee. in the fiurther event that such assignee pays rent in excess of the Annual Minimum Base Rent and all other charges due under this Lease, Lessee shall be entitled to one-half of such excess after deduction of Lessee's reasonable and documented costs of assignment- 17. Lessor's Remedies In Case of L1efillult, (a) a default shall be considered to have occurred if pa.yrnent of all Annual Minimum Base Rent and/or additional rent shall not have been made when due,and if such failure to pay shall continue for fifteen (1'5} days after notice from Lessor to Lessee, or if within thirty (30) days after written notice thereof from Lessor to Lessee specifying any other default or defaults, Lessee has not cured such default or defaults (or if the same cannot be reasonably cured within said thirty (30) day time period by exercising due diligence, then such additional reasonable time for Lessee o cure, prwded Lessee continues to use clue diligence to cure). In the evert (a) of any breach or default of and, of the terms and covenants of this Lease to be perfon-ned or observed by Lessee within the applicable cure or extercied cure period described above, as applicable, or(b)the estate hereby created in Lessee is taken by process of law, or (c) Lessee ` shall file a voluntary petition of bankruptcy, or Id) any involuntary petition initiating a bankruptcy proceeding is filed against Lessee and is not dismissed within sixty 160) days, or (e) Lessee is adjudicated bankrupt.. or (f) Lessee shall make an assignment for the benefi- of any insolvency law, or(g) a receiver is appointed for Lessee, then Lessor rnay, upon five (5) days' prior written r Wednesday, July 30. 2003 11:47.AM Robert T Cannon 508-861-0216 p.11 notice to the Lessee, expel and remove from the Property by summary process or other legal means. Lessee and those claiming under it and its effects; without being guilty of any manner of trespass. thereby ternunating this Lease without prejudice to any remedies which Lessor might otherwise be entitled to for arrears of Annual Minimum Base Rent or otherwise. In the event of such termination, Lessee shall indemnify the Lessor against all loss of Annual Minimum Base Rent and costs and expenses which Lessor may reasonably incur by reason of such termination; provided, h.o�wever, if the Property are relet in whole or in part, the Lessee shall be entitled to a credit in the net amount of rent received by the Lessor with respect to such reletting but after Lessor is first reimbursed for its reasonable expenses incurred in preparing the Property for reletting, and its reletting and other costs and expenses due to such termination. Lessor agrees to use reasonable efforts to mitigate its damages in the event of any such termination. (b) Lessee covenants and agrees to pay-to Lessor reasonable legal costs and reasonable attorney's fees incurred by the Lessor in collecting any rent or other damages hereunder, in obtaining possession of the Property by summary process or otherwise, or in enforcing any provisions of this Lease provided Lessor is the prevailing party. If Lessor reenters the Property for any cause in the event of a default hereunder beyond any applicable grace or cure period, or if Lessee abandons the Property, any property left in the Property by Lessee shall be deemed to have been abandoned by Lessee, and Lessor shall have the right to retain or dispose of such property in an),manner without a.rry obligation to account therefor to Lessee. (c) Lessee's abandonment or vacation of the Property shall not constitute an event of default so long as Lessee satisfies all other obligations hereunder, provided, however, that Lessor may, at its sole optiotl, terminate this Lease by notice to Lessee if Lessee vacates for longer than twelve 1.12) continuous months. 18. Quiet Eniovmen.t. The Lessee, subject to the terms and provisions of this Lease, on payment of all rent and additional rent and Ibsen ing, keeping and performing of all of the terms and provisions herein contained on Lessee's part to be Performed, kept and observed, shall lawfully, peaceably and quietly held and enjoy the Property during the term hereof without hindrance or ejection by any persons lawfully claiming under Lessor to have title to the Property superior to Lessee; the foregoing covenant of quiet enjoyment is in lieu of any other covenant, express or implied. 19. Holding Over. Lessee agrees to vacate the Property upon expiration or termination of this Lease. If Lessee holds over or continues in possession of the Property after the expiration of the then-applicable term of this Lease and`VIthout the execution of a. new lease or other agreement between the parties, the tenancy thus created shall be one from month to month. All covenants, obligations, conditions and agreements herein contained shall so far as applicable appiy to all holding over by the Lessee as a tenant at will. However, notwithstanding the aforesaid, in the event the Lessee fails to vacate the Property upon expiration of the term of this Lease., or upon termination of this Lease, the Lessee shall be liable for all damages incurred by the Lessor as well as the difference between the holdover rent.paid by Lessee and the f a-ure rental income lost to Lessor as a result of the Lessor's inability to deliver the Property to a new tenant. _ f Wednesday.July 30,2003 11:47 AM Robert T Cannon 508-861-0216 p.12 20. Governing Law; headings. Tlris Lease shall be governed by the laws of the Commonwealth of Massachusetts. The headings of various sections are for convenience only_ , and are not to be considered in construing this Lease. 21. Notices. Ali notices that may be given hereunder by lessor or Lessee shall be in writing, shall be effective upon the earlier of receipt or refusal of delivery and shall be (Yiven by registered or certified mail, return receipt requested, or by recognized overnight carrier, addressed in the case of Lessor., to the address listed on page 1 of this Lease(ATTN:James Langwav, President) and all notices that may be given to Lessee shall be addressed to the address listed on Page 1 of this Lease, Attention: James Lang-vay, Manager. 22. Invalidity. if any provision of this Lease shall prove to'be invalid or unenforceable, such invalidity or unenforceability shall only affect the part of such provision which shall be in-valid or unenforceable, and no other portion or provision of this Lease shall be invalidated, impaired, or affected thereby and each terry, and provision of this Lease shall be valid and be enforced to the fullest extent permitted byr law. 23. Waiver. Failure on the part of the Lessor or Lessee to complain of arty action or non- action on.the part of each other, no matter how long the sarne may continue, shall never be deemed to be a waiver by the Lessor or Lessee of any of its rights hereunder. 24. Subordination. a It is agreed that the rights and interest of the Lessee under this Lease ( 1 ree . . _ shall be subject to and subordinate to any mortgages or deeds of trust that are now or may, hereafter be placed upon the Property, and to any and all advances to be made thereunder, and to the interest thereon and charges thereunder, and all renewals, modifications, replacements and extensions thereof provided that the holder.of such mortgage or similar instrument shall execute a Subordination and Non-Disturbance .Agreement providing that in the event such holder exercises its rights to foreclose such mortgage or otherwise exercise Lessor's rights hereunder or with respect to the Property, so long as Lessee is not in default hereunder beyond any applicable grace or cure period such holder will not disturb Lessee's rights under this Lease or with respect to the Property. Any such mortgage to which this Lease shall be subordinated may contain: such terms, provisions and conditions as the holder reasonably deems usual and customary; including, but not limited to; provisions requiring Lessee to attorn to the mortgagee and agreeing that such mortgagee shall have no liability for any defaults by Lessor prior to such mortgagee'taking possession of the property: The Lessee shall execute and deliver such reasonable instruments as may be required to effectuate such subordinatiOn, said attornment, said non-disturbance, said agreement of'no liability, and to execute a consent: to the assignment of this tease if requested by anv such mortgagee, and in the event Lessee fails so to do within fifteen (15)days after receipt of such request fi-OM Lessor. This agreement shalt be made to expressly bind and inure to the benefit of the successors and assigns o-Lessee and of the mortgagee or upon anyone purchasing an interest in,said Property at anv foreclosure sale. Wednesday, July 30,2003 11:47 AM Robert T Cannon 508-8e!-0216 p.13 (b) i otwithstanding the fo-egoing, any holder of a mortgage of property which includes the Property may at any time subordinate its mortgage to this Lease without Lessee's consent, by notice to Lessee and thereupon this Lease shall be deemed prior in lien to such mortgage with regard to their respective dates of execution, delivery and record; and in that event such holder shall have the same rights with respect to this Lease as though it had been executed and delivered prior to the execution and delivery of the mortgage and had been assigned therein to such mortgagee. This paragraph is supplementary to and riot in derogation of any rights such a holder may otherwise have. 25. Estoppel. Each of the Lessee and the Lessor agree from time to time, when reasonably needed for delivery to a prospective real estate purchaser, mortgagee, mortgage assignee, lender or prospective acquirer of assets or interests, upon !lot 'Less than fifteen (15) days' prior written request given to the other party at the address specified for notices in Section 25, by the other party; to execute, acknowledge or deliver to the other party a statement in writing certifying; (a) that this Lease is unarnended (or, if there have been any amendments, stating the amendments); (b) that it is then in full force and effect, if that be the fact; (c) the last rent rates and other charges determined and the date to which paid; and (d) any, defenses; offsets and counterclaims which such party, at the time of the execution of the statement, has against the other party obligation to pay rent and/or to perform its other obligations under this Lease or that there are none, if that be the fact. Any such statement delivered pursuant to this clause may be relied upon b_y such prospective purchaser., mortgagee, assignee, lender or prospective acquirer, 26. Rules and Regulations. Lessor shall have the right to make such reasonable rules and regulations as, in Lessor's judgment from time to time., are necessary or advisable for the appearance, safety care and preservation of the Property and for the keeping,of good order therein. Upon receipt by Lessee, such rules and regulations shall be deemed to be covenants of this Lease, and shalt include.. but not be limited to; provisions regulating signs for Lessee, window covering, or other treatment, use of common areas, and the like. Lessee shall abide by such rules and regulations 27. Trust, Partnership, Limited Liability:Company- In the event that theLessor is a partnership, no partner, general or limited,.,of such partnership, or if a trust, no trustee thereof or beneficiary thereunder, or if a limited liability company, no manager or member thereof shall be personally liable to anyone under any term, condition; covenant, obligation; or agreement expressed herein or implied hereunder or for any claim of damage or cause at law or in equity arising out of the use, maintenance or occupancy of said Property. 28.- Persons Bound, etc. Except as herein otherwise provided, the terms and provisions of this Lease shall be binding upon and inure to the benefit of the heirs, devisees, personal representatives,successors and assigns, respectively, of the Lessor and Lessee. Nothing in the invnediatel �preceding,sentence shall be construed as a consent by Lessor to ail assignment of this Wednesday,July 30, 2003 11:47 AM Robert_Cannon 608-861-0216 p.14 Lease. and said sentence shall apply to an assignee only when Lessor has specifically and expressly consented to such an assignment pursuant to Section 16 hereof. 29. Performance of Obligations. (a) Subject to Section 39, with respect to any services to be ftirnished to Lessee or Lessor or any other obligations of Lessor or nonmonetary obligations of Lessee, each party shall in no event be liable to the other for failure or delay caused by war, strikes, labor difficulties, lockouts. breakdown, accident, order or regulation of governmental authority, failure of supply, or inability, by exercise of reasonable diligence, to obtain supplies, parts or employees necessary to perform such services or obligations, or for any other cause beyond the first party's reasonable control, or for any cause due to any act or neglect on the part of the second party or its agents, employees, invitees or any person for whom such party Is legally responsible; and in no event shall the Lessor or Lessee, except as other,Y,Ise provided herein, ever be liable to each other for any indirect or consequential damages or any inconvenience to such other party, or interruption of such other party's business. (b) The Lessor sha'1 in no evert be in default in the performance of any of its obligations hereunder unless and until the Lessor shall have failed to perform such obligations within fifteen (1 5)days or such additional time as is reasonably required to correct any such default after written notice by Lessee to Lessor sfeciNing wherein the Lessor has failed to perform any such obligation, (c) In the event of Lessor's default hereunder Lessee may perform such services or obligations itself at a cost not to exceed the then current Monthly Base Rent. and deduct such cost from the rent. 30. Covenant of Title. Lessor covenants and warrants that Lessor has full right and lawful authority to enter into this Lease for the till term hereof 31. Compliance with Laws. Lessor acknowledges and warrants that the Property is now and shall throughout the term of this Lease be kept or made in fitll cornplianc�with any applicable laws, rules, regulations, codes, bylaws or ordinances in force in the Cormnon ealth of Massachusetts and the Town of Barnstable.and Lessor shall not conduct (or suffer or allow to be conducted) any trade or occupation in or make any use of theproperty which is or will be unlav;,fully or contrary to any such law, rule, regulation, code or ordinance in force in the .� Commonwealth of Massachusetts and the own of Barnstable. 32. Notice of Lease. Lessor and Lessee agree that neither party shall execute a Notice of Lease in compliance with M.G.L. c. 183 §4 nor record the same. t . ADA Compliance.. Lessor hereby represents and warrants that theproperty will comply upon completion of construction with the applicable provisions of the Americans witli Disabilities Act. Wednesday,July 30,200311:47 AM Robert T Cannon 508-861-0216 p.15 34. Brokers. The Lesso and Less each warrant and covenant wit the other that neither has had dealings with any broker or anent in connection with this Lease and each agrees to hold the other harmless from liability for any compensation. corrrrissions and charges claimed by any broker or agent with respect to this Lease or the negotiation thereof and from any expenses in connection with such claims. 35. Si na e. Lessee may, at its own expense install all signage allowed by local zoning and Ste permits. -56. Securi . Lessor and Lessee agree that because the Property is a small suburban/rural property, Lessor shall not be required to provide securi`v. 37. Hazardous -Materials. Lessor represents and warrants that the Property shall be free from all Hazardous Materiais (as hereafter defined). Lessor shall provide Lessee with all documentation demonstrating to Lessee's reasonable satisfaction that the Property satisfy all applicable legal requirements respecting Hazardous Materials. "Hazardous Materials" shall mean anv substance, cheinical, oil or material tha' is identified as hazardous, toxic or dangerous under any applicable:federal, state or local law and includes asbestos and PCBs. 38, Access. Lessee shall have access to the Properiv twenty four(24) hours per day, three hundred and sixty-five 0)65 j days per year. 39. Lack of Service. If the Property.siiall lack service that is required to be provided by Lessor pursuant to this Lease thereby rendering the property or a portion thereof untenantable so that. for five (5) consecutive business days; rater notice to Lessor, the operation in the ordinary course of Lessee's business is adversely affected, then Annual Minimum Base Rent and Operating Costs and Expenses shall thereafter he abated in proportion to.such untenantability until the day such condition is completely corrected. 40. Objective Standard. In any instance where Lessor provides sen ices to Lessee (including but not limited to general manitenance.}, Landlord shall provide such service in a manner consistent with services provided by other"Class,_" landlords in the area. In any instance where m Lessee is obligated to purchase aterials and sen-ices from Lessor, Lessor shall charge a reasonable price for such services and materials. FN 'W ITiNT SS WHEREOF, the parties hereto have hereunto set their respective hands and seals on the day and year first above written. 14 Wednesday,July 30,2003 11:47 AM Robert T Cannon 508-861-0216 p.15 a o Les-Nee. GalperCod Llncoin Nlerct,iy,-Inc Witness= d By: ,. Janieti President `L-NI 111,LL( ` T,ilde: 'Ilana<,ez Duly Authorized R I.IST of F,xHIBITS k , EXHIBIT TILELE p r1 s Plan 41 4 =Y , f e r ° .s r s -^ 'p Exhibit A' y CERT.# 150,225 C•TE: I; DETERMINATON AS TO COMPLWNCE WITH T4E JNING DRDINANCF REOILREMENTS HAS BEEN MADE - C8 FND { (GALE r`R INTENDFD W THE ABOV1= ENDORSEMENT t O 4" SEE DFTpn ;T o o O OTF: LOT 1 IS NOT TO RE CONSIDERED A SUILDAELE LOT 4t7 1 0.� PLAN.0 J y Coi I°o.Psfn KA bl �! BARNS?' SHED f '_ tM-2 LLC . HYr u CERT# 150,226 �. Al PREPA r� \ EXISTING-BU LDINGS: (�(��}r[`� R T /�f1(\� le 3-6 f' - e.V i11�1+VtLL I�.l FLORENI \1": LOT 1 ~ EXISTING BUILDINGS y ' a ° ' SCALE: 1 446 SFt C, 178gjs TO BE:REIAOYCD ^ S. ya DATEi DE TWO CBS I FND SEE DETAIL Y 8390° 4.7'.t 7g 35 35„w. a T = + " _ SS/DH " k r 9 ,r p - ._ fND SEE Yh1NTHROP*-'NILBUh DE IAIL CER1(j.I16:388 - :' a �'. _ `:� � 9 78, ,' j_.•� .. ,. ' gL d 920-09-805 uouu1301))ago8 Ay Lb".LL£ODZ'oeArr `Aepsaupem Town of Barnstable oF.NKE Regulatory Services BAMSrnsre, v M^M Thomas F. Geiler,Director '°lfc Mr►'�" Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-8624038 Fax: 508-790-6230 July 3,2003 Robert T. Cannon Furman Cannon,P.C. Attorneys at Law 86 Willow Street Yarmouthport,MA 02675 RE: Site Plan Review 518 Yarmouth Road,Hyannis Dear Attorney Cannon: This letter is in response to your correspondence dated June 12,2003 regarding the above-referenced property. I agree with the principal permitted uses you have listed in your letter. However,you are proposing to operate a separate lot as accessory to the dealership on the abutting lot. This department is not concerned with lease agreements when it is confronted with issues such as this. My concern is with this lot and this lot only. Again,I ask the question of what is the principal use? It is my opinion the principal use as proposed on this lot is parking cars. This use as being proposed is accessory to the dealership that is on a separate lot. Section 4-1 of the Zoning Ordinance provides that an accessory use must be on the same lot as the principal use that it is accessory to. Section 4-1.2 has provisions to allow accessory uses in a residential zone on an adjoining lot or the accessory use is for scientific research. This proposal does not fit this category. It is my opinion that these lots need to be combined or relief granted from the Zoning Board of Appeals. Should you have any questions,please feel free to call 508-862-4038. Tom Perry. Building Commissioner cc: Tom Geiler r Q030703a 1 FURMAN CANNON, P.C. Attorneys at Law June 12, 2003 86 Willow Street Yarmouthport, MA 02675 Internet: furmancannon.com Tom Perry Building Commissioner Robert T. Cannon Town of Barnstable Direct Dial 200 Main Street 508-362-1548 Hyannis, MA 02601 Direct Fax/Voicemail 508-861-0216 rcannongfurmancannon.com RE: Site Plan Review Application-518 Yarmouth Road, Hyannis, MA Dear Mr. Perry: Thank you for meeting with our engineer, Kevin Biggens, and myself this morning at the Site Plan Review hearing for the above captioned project. I wanted to follow up on your comments that you thought that there may be a need for a Special Permit from the Zoning Board of Appeals for the construction of this parking lot next to the Lincoln Mercury dealership. As I indicated to you and the other Committee members, our research shows that no variance or Special Permit would be required for this property for the proposed use. I wanted to share that research with you. T'he property.in questiori;is`located�m the B (Business) Zoning,District.,The Town:s Zoning By Laws defines permitted uses asrof right-ofright,:in,the B District as follows: 1) Principal Permitted Uses. The following uses are permitted in the B,, BA and UB Districts: A) Retail and wholesale store/salesroom. B) Retail trade service or shop.... H) Any other ordinary business use of a similar nature. Currently, my client operateC the Lincoln. Mercury dealership, concurrent with the..several :ether, automobile dealerships along that section of Yarmouth Road, as a retail store and a retail service. The proposed use for the property at 518 Yarmouth. Road is for additional storage of motor vehicles which will be inventoried and sold at retail by the Lincoln Mercury dealership. This constitutes an "ordinary business use of similar nature" and so is allowed as of right. Recognizing, unlike in other towns, that there is no specific Barnstable By Law authorizing automobile dealerships per se and that the majority of them are in a B District, this seems to be the most reasonable interpretation. I think it is fair to say that this would be its "common and approved usage'._(See.Salah y. Board of Appeals-of Canton, 2 Mass. App. Ct. 488, 314 N.E.2d 88:1 (1.974):,Needham v.. Winslow-Nurseries,Inc. 33.0,Mass. 95;, 99 [1953]) and its context4rr the by-law. See also Jackson v. Building Inspector of Brockton, 351 Mass. 472, 475,(1966); Carpenter v. Zoning Bd. of Appeals of Framingham,352 Mass. 54, 58-61 (1967); Kreger v. Public Bldgs. Commr. of Newton, 353 Mass. 622, 624-626 (1968). If your concern that prompted the question about going to ZBA was due to our plan to have the lot owned by an entity separate from the current Lincoln Mercury lot with a lease agreement between the entities, I want to assure you that we are doing this solely to accommodate certain business concerns of my clients regarding the management of their business and Buy Sell Agreements among the principals. Should you feel that common ownership, although it is not clear to me how this would have any legal effect, would obviate your concern that a Special Permit be obtained then I would be happy to review that with my client. Overall, however, I think my analysis is correct as does Peter Freeman of my office who,.as you know, concentrates in zoning issues. As for the remainder of items requested by the Committee today, we will make those`changes to the plan and the inquiries to historical and the housing authority and be ready to report back at your next meeting. Thank you for your attention to this matter. Please do not hesitate to contact me if you have any further questions or need any further information. Very Truly Yours, ROBERT T. CANNON c.c. 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'�r�a , r I I �6 230$oulh°s:eas C"3 `�y►, liMnla,Maeeachuaelle 02aol ��,'�� �LLl T�.,1�1� TOWN V BARNSfAOIX BARNSTABI_C, t"AASS. Notice of Intent to Demolish or Move an Historic builds stru 33 . 18 pi 9: 117 , rint in Lnk Date of Application: June 16, 2003. c� Building/Structure Address: 518 Yarmouth Road, Hyannis, MA 02601 `---�. Assessor'a Flap and Lot Number: Map 344 Parcel 004 , . In buildin8/at7ruetoro Located in a local or regional historic dlstrietl Y N NO If you, Protection of Historic Properties Bylaw does not apply and it is not necessary to oomplete the remainder of this form. Is building/structure listed on the National Register of Historic Places,gso pending listing on the National tegister of nistori.o Placeni Y N �IVV flow old is the building/structuzei 1924 Arahl.teictural style of building/structures describe if not known: Unknown Is this building/atruet a oc ate with one or more ILIstorlo events or persons, name and description ` lotxpophica�le 7. Type of Building/Structure elidl'roposed Work: Demolition of sty jcture and outbuildings. Structure is a currently dilapidated and unihaBited resid0tial property Ina uslnes B. Zoning District: B 1'I,rr Ul.strict• Hyannis Applicont's Name:' LM-2 LLC To1. 1 508-861-0216 nJdress: c/o Robert Cannon, Furman Cannon, PC, 86 Willow Street, Yarmouthport, MA 02675 �• Owner's Name: Estate of Florence Rosaryry Ie1• 781-34.1-4430 Address: c/o Charles George, Esquire, 10 Cabot Place, Stougton, MA 02072 - Contractor: Not yet determined Tel I Address: Material of Building/Structure: Wood I' flow is fluildiug/Structure OccoliAcd, Unoccupied No. of Stories: 1 ' Explanation of Lhe proposedus4 Lu be made, ul lhc,slce: _ Structure and outbuildings are proposed to be demolished for construction of new par Ingo or a iagram of Lot slid Building/Structure Hl.lh UI mries I uns: , See attached - LM-2 LLC ' By: Robert TCannon, Esquire I - I CRITERIA FOR. EVALUATION OF NATIONAL RECISTER NOMINATIONS: The National Register is n list of historic places which are "significant" cultural resources. What, exactly, is 'significance"7 It is the quality in American history, architecture, archaeology, engineering and culture which is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling association, and: and A. that are associated with event that have made e significant contribution to the broad patterns of our i►istory; or D. that.-are associated with the lives of in uIr past; or _ persons. aignificent `•n C, that'epbody the distinctive characteristics of a type, perio{1 ; or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significank and distinguial:_ di able entity whose components may lack individual stinction; or D. that have yielded, or may be likely to yield, information important in prehistory or history. .r . ti cwc yr c; PAVEMENT EXISTING ! _ CATCH BASIN - pp - L- EXISTING ABANDONED WELL, RIM=99.39' zc i s PINE TO BE FILLED - - t,1 j 0 PINE 38 APPROXIMATE LOCATION OF- EXISTING CURB CUT ABANDONED(WATER SERVICE, N/f (SEE NOTES 1,:& 2 THIS SHEET) LM-2'LLC ROXIMATE LOCATION OF "T CERT.# 150,226 ITING SEWER SERVICE NOTES 1 & 2 THIS SHEET) EXISTING TREELINE 38 t Aq' F - �'Y!. EXISTING TO6°O/R�NC .. CATCH BASIN APPROXIMATE LOCATION OF RIM=99.35' 3e.2 F'yO qy EXISTING GAS SERVICE 12' cs �0; (SEE NOTES 1 & 2 THIS SHEET) EXISTING CE 36" .38.2. CATCH BASIN MAPLE RIM=99.2B' 36 4 C 7k lv° EXISTING GARAGE TO BE RAZED AND REMOVED 36"MAPLE C/y 20• Q MAPLE EXISTING SHEDS TO BE " RAZED AND REMOVED MAPLE 14" —EXISTING LAWN AREA— MAPLE \\\ TNN i2" .. �� HOLLY CLUMP N/F CHAIN LINK FENCE CHAFLES A. ROSARY (TYP.) —EXISTING HEDGE a (TYP.) o TYP. EXISTING 1 STORY WOOD DWELLING N/f' TO BE RAZED AND REMOVED - A WINTHROP WILBUR JR. CERT,# 116,388 .. - EDGE OF EXISTING - �- PAVEMENT(TYP.) Al k.2 ;4.