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illIi ! j 4 iIlfilIIifTItfiIifiT II t�ifr it?, tT W ........... lf144,v iI r � � � � TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel Application # Health Division Date Issued Conservation Division Application Fee k�v Planning Dept. Permit Fee 5P. Date Definitive Plan Approved by Planning Board 2�1'lu &AL Historic - OKH Preservation / Hyannis Project Street Ad ress Village 1,A r Owner Address --,� �1�-0/-Y Telephone //Z — s ; . Permit Request 4kho ez Square feet: 1 st floor: existi IOOproposed JQQ 2nd floor: existing�dp Q proposed . _ 0 Total new 00 Zoning District- Flood Plain Groundwater Overlay Project Valuation M. M ,00 Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes YNo On Old King's Highway: ❑Yes ❑ No Basement Type: XlFull ❑ Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) 1�9 Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing —new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: '�Gas ❑ Oil ❑ Electric ❑ Other Central Air: *Yes ❑ No Fireplaces: Existing_LNew Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ .` �q —� Attached garage: existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: o ks Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ lo If yes, site plan review # Current Use Proposed Use a` y C) In �a APPLICANT INFORMATION BUILDER OR HOMEOWNER) 'Name Telephone Number Address '1'G License # r Home Improvement Contractor# Worker's Compensation # l ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE �u FOR OFFICIAL USE ONLY y APPLICATION# DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: ti FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING It /L o,uLY F€ DATE CLOSED OUT ASSOCIATION PLAN NO. Y } I ' The Commonwealth of Massachusetts Department of Indttstrial Accidents Office of Investigations I' .600 Washington Street c F Boston, MA 02111 .7 www.mass.govldia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Naive (Business/Organization/Individual): Address: City/State/Zip:. y. QA Phone #: S 74 Are yo an employer? Check the appropriate box: Type of project(required): 4. I am-a general contractor and I 1. 1 am a employer with 6. ❑New construction employees a -ttme * have hired the sub-contractors 2. I am a sole proprietor or partner-` r rt ). (full and/o p listed on the attached sheet. 7.-� Remodeling ❑ . ship and have no employees These sub-contractors have g. F1 Demolition working for me in any capacity. employees and have workers' 9 Building addition [No workers' comp. insurance comp. insurance.$ 5.;[] We are a corporation and its 10.❑ Electrical repairs or additic required.] 3.El I required.] a homeowner doing all work officers have exercised their 1 l.❑ Plumbing repairs or additic myself. [No workers' comp. right of exemption per MGL 12.❑ Roof repairs insurance required.]t c. 152, §1(4);and we have no employees. [No workers' 13.❑ Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp,policy number. I'am an employer that is providing workers'compensation insurance for my employees: Below is the policy and job site information. ` Insurance Company Name: Policy#or Self-ins. Lie.#: [i Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' co ensation policy declaration page(showing the policy number and expiration date Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal-penalties of fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a'STOP WORK ORDER and a of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under pains and pe ties o perjury that the information provided abo a is t to and correct: Si nature: Date: Phone.#: 0 - Official use only. Do not write in this area, to be completed by city or town official City or Town: Permit/License# 1 Issuing Authority(circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 15.2 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or.implied, oral or written." An employer is defined as "an individual,partnership, association, corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed-to be an employer." MGL chapter 152, §25C(6) also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,-MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this-chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractors)name(s), address(es)and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the pen-nit or license is being requested,not the Department of Industrial Accidents. 'Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required.to complete this affidavit, The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE Revised 4-24-07 Fax # 617-727-7749 www.mass.gov/dia dcO _.x Massachusetts- Delia" thins Board of Bui :n(I Standards lding Construction Supervisor License f License: CS 66147 �J• Restricted to: 00. CRAIG J RILEY PO BOX 382 OSTERVILLE, MA 02655 Expiration: 2J512011 Trt#. 10398 � Cde ✓!ie.�onO16J License or registration valid for individul use only Office of Consumer Affairs&Business Regulation before the expiCation date. If found return to: n Business Regulation HOME IMPRgV.,EMENT CONTRACTOR Office of Consumer Affairs and I Registration: 125799 10 Park Plaza-Suite 5170 {i30/20,12 Try 291903 Boston,MA 02116 Expiration Type`j f _orl �f r yate-Corporation 1 C.J.RILEY BUILDER INCH CRAIG RILEY YF k g 10 B WIANNO AVE `,'� Undersecretary of val With t S► ature OSTERVILLE,MA 02fi55 ENERGY CONSERVATION APPLICATION FORM FOR ENERGY EMCICIENCY FOR ONE A2\fD TWO-F ,Y DETACHED RESYDENTIAL•CONSTR'UCTION (780 CMR 61.00) Applicant Name: r Site Addmss: pnnl Town: I Applicant Phone: Oki- Applicant Signature: Date of Application: NEW CONSTRUCTION: >h ,s of e foilowin two-options) 7 CNM,TABLE 6107.1 PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA FOR NEW ONE- AND TWO-FAMILY BUILDINGS MBIIMUM Ceiling or. Basement Slab Q Option 1: Fenestration exposed Wall Floor Wall Perimeter AFUB HSPF U-factor floors R-Value R-Value R Value R-Value and De th . R-Value. National Appliance-Sncr R-10� Consuvation Act(NAR .35 R-3 8 R-19 RI 19 R-10 4 1487 as amcndcd,minim catcr as applicabic Note: This for i m s"not required if you choose either of the two versions of REScheck as listed below. 0 Option 2: REScheek Vtrsion 4.1.2 or later variant software analysis must be completed 780 CMR 6107.3.2 RESche6k—Web which can be accessed at htt ://www.ener ycDdCS.gov/rgsch(_ ADDX`X OlVS OR AY;TERATZOI S.TO ES(STINGBrTLLDXl�IGS.OS?ER EARS OLD* *)3uildings under 5 years old must use option#1 or#2 in New Construction section above, Complete the following formula to determine the % of glazing: (a) Gross Wall & Ceiling Area equals Formula: (100 x b- a) ' SF 100 x - % of glazing b a (b) Glazing area equals SF If glazing is<:40%.il!je the chart below. If glazing is> 40 % rgcted to "SUNROOM" section 780 CMR TABLE 6101.3 PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA ADDITIONS T0,EXISTING LOW-RISE RESIDENTIAL BUILDINGS MAIXIMUM MINIMUM Ceiling and Slab Perir Fenestration Exposed floors •Wail Floor Basement Wall R-vall R--Value R-value R-Value U-factor R-Value and De .39 . R-37 a R-13 . R-19 R-10 R-10, 4 a R-30 ceiling insulation maybe used in place of R-37 if the insulation achieves the full R-value over the entire ceiling area(i.e.not compressed over exterior walls, and including any access o enin s). SUNROOM—An addition or alteration to an existing building/dwelling unit where the tot glazing area of said addition exceeds 40% of the combined gross wall and ceiling area of t addition. Note: Owner to fill out Consumer In ormation Form found iriAppndix 120.P � r Tawn of B a rastaWe F Regulatory Services F F Thomas F_ Geiler, Director �D. Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 jvww.tow n.b arnstable.ma.us Office: 508-862-4038 Fax: 508-79( Property Ow,(ierMust Complete and Sign This Section zf Hsina A.Builder I, as Owner of the subject_property hereby autho �' o act on my behalf, in all matters relative to work authorized y this buAding permit application for. ss of rob) a e , ' er - Date P e If Property Owner i plying for pe e Complete Homeowners erase Exemption Fo on the reverse "side. Town of Barnstable N�op THEY Regulatory Services Thomas F. Geiler,Director � '`9. Building Division PrED k Tom Perry,Building Commissioner 200_Maii-Street,._Hyannis,MA 02601 www.town.b2mstable-ma.us Office: 508-962--4038 Fax: 508-790-6230 FIO* E&G ER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: num strmt • village 1TOMEOWNER": "® � �29 -/� n ❑ home phone# work pbom# CURRENT MAILING S: D I �- city/town stato ap code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as SuperViSOI. ' DEFINMON OF BOMEOWNER Persons)who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that he/sbc understands the Town of Barnstable Building Departmcnt mi;' of inspection procedures and require cnts and that he/sbc will comply with said procedures and reu Sig -me cr Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the Sthte Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION .The Code states that: "Any bomcowncr performing work for which a building pemdt is required shall be exempt from the provisions of this sccGon.(Scction ]09.1.1 o -Licensing of construction Supervisors);provided that if the homcowncr engages a prrson(s)for hire to do such work that such Homcown4 shall act as supervisor." Many homeowners who use this exemption arc unaware that they an assurning the responsibilities of a supervisor(see Appendix Q, Rules&P-colations for Licensing Consbvetion SuperYison,Section 2.15) This lack of awareness bft=results in serious pmbicros,particularly when the homeowner hires unlicensed persons. In this ease,our Board cannot proceed against the unlicensed person as it-ould with a licensed co mcr actin as s crvisor is ultimatclyrespons,blc. Supervisor. The hem g uP To ensure that the homeowner is fully aware of his/her responnbiliHcs,many communities inquire,u part of the pamit application, a e of this issue is a.form currently used by 'c a Su cursor. On the last g e understands the re ons,bihti s of P that the homeowner ecRify[hat hdsh sp P several towns. 'You may care t amend and adopt such a fora-Jcertification for use in your community. Le: 1/19.,'2010 Time: 3:18 PM To: @ 9,15087906230 Page: 002 Client#: 10798 2RILEYCJ ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMID/ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dowling&O'Neil Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR g y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 973 lyannough Rd., PO Box 1990 Hyannis, MA 02601 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: National Grange Mutual Insuranc C.J. Riley Builder, Inc. INSURERB: P. O. Box 382 INSURER C: - Osterville, MA 02655 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT,TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATgJIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR ;:;•TYPE OF IN M POLICY NUMBER PDATEYMM/FDD/YYE PDATE MM/DYY N - -LIMITS - A GENE-RAL LIABILITY .� MPOS9664 05/02/09 05/02/10 EACH OCCURRENCE $1 OOO OOO COMMERCIAL•GENERAL LIABILITY - DAMAGE TO RENTED X C:e PREMISES(Ea occurrencel $500,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $1 O 000 X &Ded`600 w PERSONAL&ADV INJURY $1 00O 000 - - _. GENERAL AGGREGATE s2,000,000 - GEN',AGGREGATE. LIMIT APPLIES.PER: PRODUCTS-COMP/OP AGG $1 00O 000 -y POLICY r. �� BLOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLALIABILITY - - EACH OCCURRENCE $ OCCUR CLAIMS MADE - AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WC059664 - 05/05/09 .05/05/10 X WC STATU- OTH- EMPLOYERS'LIABILITY - - - ANY PROPRIETOR/PARTNER/EXECUTIVE - E.L.EACH ACCIDENT $500,000 . OFFICERIMEMBER EXCLUDED? NO E.L.DISEASE-EA EMPLOYEE $500,000 If yes;describe under SPECIAL PROVISIONS below " - E.L.DISEASE-POLICY LIMIT $500 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/.EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Operations performed by the named insured subject to policy conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Town of Barnstable _ DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1n DAYS WRITTEN 230 South Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Hyannis, MA 02601 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. . AUTHORIZED R PRESENTATIVE - ACORD 25(2001/08)1 of 2 #S65117/M65116 LS1 o ACORD CORPORATION 1988 I( RILEY 711111 BUILDER, Inc. pantry t • Osterville,MA - 0 0 508-428-6376 F7 00 0 0 � io L -T 11 CJ RILEY'S LAUNDRY ROOM January 12, 2010 ®1/1 rr.r� / �•�. /=1 •mil li-::...o ....� • = _ _ —bn!- L=_J /// err Finn :` —lore n/\ ... ... fm■n /r/_�—- rrr ur ,�_., rn ur =;lii ... .. _�^ t' I III III ■// II/r —_ rrr rrr - rrr rrr 011 115;mac -""TIIIINIII�lllllllllil(�IIIIII111lII�IIIIIlII1111� _ """ R • ims,11111 Iii III / ii iBinallI— rrr - � o a � tl�► • SCttE011[ W p �.-*.a TTR RR IIOr111► _ q IM TM to tlr0 1 ft, fORe N-Rr MPn11e tame HTZ• l mono •1010 g"Nrf1'-t I/r e �p rwM•r1P Gr—w9'Rn ■ �rO11O� M e r."Lwxr o ur Ur ' � �•P11 -~w Ris' �PMtlI rTR IR MICi e ro,.r.r M RLTm POOR • a#w• w"We Pea N 6ra.+ 111®1oa A d T Y•O'.e'.e' to Kflr • c KfM r-ow-w Ci " M bir— ' 1 MOTE.YL"Co"S To 11►K bi SAS O NYfUMO 5e4YAL5E MA OD . iSAA � If IS N v o 0 � ® Paarar or J R Rruui+ or- Lim® m y nLR # Pb Mi r PM � n„a„•,P I � Dtff6 I � Y xa v e.R.a R1,1 a,•a tf aan 1LLt.RR,Tr ^ v o WALE i v 17.E" pm ! i uv O L jf p —s M O[DROOM Q { m } dM,w.eM0a1 e+0.�ewPR.RPK ems,r Pun" jl6BAL 1 i - e. �ST /00R PLAN q i � a M ' M 00 O O CO O c m M d co CD a ow 00 ear s 1 f CLOWle O a. rmo �Raol1 IRIfM5 ED I � I J � m 5EOOND ROORPIAN � �Kd w J U /C4 g � a v M ao 0 0 co 0 c co 1 slls A� Illy `l i r C.J.RILEY BUILDER,INC. P.O.Box 382 Osterville, MA 02655 pk7 C.J. RILEY BUILDER,INC. P.O. Box 382 Osterroll►le, MA 02655 e r t, C.i. RILEY BUILDER,iNC. P.O. Box 382 Ostenvifle, MA 02655 i , � ao /� C.J. RILEY BUILDER,INC. P.O. Box 382 Ostenville, MA 02655 /,00 bo �.J. RILEY BUILDER,INC. P.O. Box 382 OSterviiiQ, NIA 02655 11y7 .. ............. 8/aa /ice b " X Co o po ` n w W OD 00 �t . o - w Ko o � rn > a 0 N fD i 0 U1 � CJ1 � C.J. RILEY BUILDER,INC. P.O. Box 382 Osterville, NIA 02655 „-�. `>�� ` 3 -s '_, „,; � r� q'_ 1= �� ' �:1. __ '_ t - ^I�ii_ _ t {'�� - .. `;�:�< 1 ..I�i l,r.'X._ _ _ r �� r, i�. ;, � � � � r ,. C.J. RILEY BUILDER,INC. P.O. Box 382 Ostenville, MA 02665 c vary /(� - r A. C.J. RILEY BUILDER,INC. P.O. Box 382 Osterville, MA 02665 � w Q - ~. h L Y n A �\ rt C.J.RILEY BWLCER,INC. P.O.Box 382 Osterville, MA 02655 SWA��«.bLTOO 1I IV, LdIT rim KM '1 g LLU 2 ` ♦S114LT NflflLb o zro nose _- A u�amoee sbr� am oil zro rLOc Canto 4 k 0� Wi gO fill uT ft o euv.mm, T c6 9 _cuua:noaR ucv za». 9DTO -C iO srwmus $33 g RRYNG WALL FRONT ELEVATION i e a..C. caKT imrc KM L.51NflCs S'TO V/ za z Q Q J m J z Q 1 z x z W �` W ] -- 2 1 2 2 0 = z z REAR ELEVATION ° • K/�tN�`t'4 � P 3 �� 4I�Q I 3 m�« � �� 1ST nose O O O LEFT SIDE ELEVATION ,. 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VI m�w a�� t. c •� FULL BASEMENT 9 ar ar, UNFNSMED am,mrn m ���r�� art ro enw wa p6a«aK.a,e SrE a v MIN".acro,mta FLLL S EW UiFHStA5EM 12 ' ca,r..cua tTr�verr R ec.r ..na m+.c rTc zas ttr<m e.rrua xna aovm T„v aoor axaacm. t2� nr,uu aoor a.rtvn.rnr..rvr �I ernes•r r ee ATTIC w'"s,tra ar oc. \ BEDROOM �� �•�*%%*_� UJ z 1_IJ AAA J.L I--L UNFMSkIED J >- xmxM tvra.ma .\ z Q m x aF n�m O _ m J taro , w BREAKFAST AREA WOMEN M m c:.u..ao W W O z RO°°` anumm.win io mn GARAGE —I V ur noar 4O(:34Ro—_— t.Mo v.'oam rtaa.se m+rc oe, •vbeM GAP"-SddC a yr M carae,t- rum uur cn.any ��� our wa ra wuea FULL BASEMENT toupnon wru UNFN5MED t,aaa Assessor's Office(1st floor) Map Lotto : r-�p�� ermit# Conservation Office(4th floor) ate Issued Board of Health(3rd floor)(8:30-9:30/1:00- 2:0 _t�La3f (p a d pI Engineering Dept.(3rd floor) House#1 'EVIs � ST BE Manning Dept.(1st floor/School Admin.Bldg.) INSTAL 11 ANCE efinitive Plan Approved by Planning Board . �„ 1 9 z� �� ENVY�N CAE ODE AND f TOWN ®` BA S ABLE �uL� Os1 Q �- �-3 Building Permit Application V Gl ' Project Street Address 447 Bay Lane (Map 187 Parcel 3.3 Subdiv' L Village L, - L N ) Owner Beech Leaf Island, Inc. /VJ,� Addr ss 19 Stree enterville « Telephone (508) 775-1442 -Permit Request New Construct ion (C o d e ) Total 1 Story Area(include 1 story garages&decks) square feet 9 ff\S Total Story Area(total of 1st&2nd stories square feet Estimated Project Cost $ 2 2 5 , 0 0 0 .0 0 G � - 4137 ys Zoning District Rd-1 Flood Plain C Water Protection AP Lot Size 16117.2 Grandfathered ? Open Space Subdivision Zoning Board of Appeals Authorization Planning Board Special Recorded 8/6/85 Permit 3/25/85 Current Use Proposed Use Single Family Home Construction Type Wood Commercial Residential Single Family Dwelling Type: Single Family X Two Family Multi-Family Age of Existing Structure Basement Type: Finished Historic House N/A Unfinished Concrete j Old King's Highway N/A Number of Baths 2.5 No.of Bedrooms 3 Total Room Count(not including baths) 7 First Floor 5 Heat Type and Fuel Gas Hot Air Central Air Yes Fireplaces 1 .Garage: Detached Other'Detached Structures: Pool '+'Attached - 2 �' Barn None Sheds ' � .. Other Builder Information Name Ronald J. Silvia Telephone Number (508) 775-1442 Address 619 Main Street License# 016932 HI 101621 Centerville, MA 02632 Home Improvement Contractor# 101621 Worker's Compensation# 3BY00253900 NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT) SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO BF 1 SIGNATU YDATE BUILDING PERMIT D ED FOR THE FOLLOWING REASON(S) FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED j 14 MAP/PARCEL NO. - ADDRESS - VILLAGE t OWNER DATE OF INSPECTION: ` FOUNDATION `� • . FRAME - , INSULATION FIREPLACE r -- ELECTRICAL: ROUGH FINAL•- PLUMBING: ROUGHS J -FINAL GAS: �IUGI 'r FINAL0 Sol _ r. FINAL BUILDIN � -- , DATE CLOSED OU3 ASSOCIATION PL No. i�fn ji { � i �_ � ���� � � -%� �. �� ,�� - �-�. __ . i �. _ KILROY & WARREN, P.C. ' ATTORNEYS AT LAW 171 MAIN STREET BERNARD T. KILROY P.O. BOX 960 BANKRUPTCY COUNSEL LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0960 WILLIAM G. BILLINGHAM TELEPHONE (508) 771-6900 TELEFAX (508) 775-7526 SENDER'S EXTENSION #{209 November 6, 1997 Ralph M. Crossen, Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Property at 447 Bay Lane, Centerville Dear Mr. Crossen: On behalf of Beech Leaf Island, Inc . I have filed an appeal of your decision not to process its. building permit application for the above lot . I understand that the basis for your decision is that the applicant had not "exercised" the relief granted to it by the Board of Appeals under appeal no. 1995-83 within one year of the granting of the variance decision or August 16, 1995 . As outlined in the application, the applicant : 1 . applied for and was granted a building permit from your office for LOT D on August 28, 1995 . An occupancy permit was issued for LOT D on October 7, 1996 and the lot was conveyed on October 31, 1996; and 2 . applied for and was granted a building permit from your office for LOT A on September 26, 1996 . The dwelling on LOT A is substantially complete and ready for sale . Enclosed is a copy of the application to the Zoning Board of Appeals and a copy of the case of Hogan v. Hayes which, I believe, answers the question whether the applicant has "exercised" the relief granted. In that case, the Defendant Hayes had purchased an undersize lot from Mrs . Stanton in 1982 seven years after Mrs . Stanton had conveyed an adjoining undersize lot witht her former dwelling located thereon to the predecessors of the Plaintiff, Hogan, under a variance . Mrs . Stanton had obtained a variance to enable her to sell her house and the undersize lot on which it was located and retain the adjoining undersize vacant lot on which she could "build a small residence" . The Defendant had applied for and was granted a building permit to build a residence on the undersize vacant lot and the Plaintiffs appealed. The Court found sufficient exercise of the variance within one year from its grant by the transfer of the house and undersize lot on which it was located and said further that "Even though the variance had not been fully carried out by actually building, we think it was sufficiently (and irrevocably) exercised. " In this case the applicant almost immediately after the grant of the variance exercised the relief granted by obtaining a building permit and constructing the dwelling on LOT D. I suggest that that action was an irrevocable exercise of the variance giving the applicant the right to complete the construction of the dwellings on LOTS A, C and F as contemplated by the variance decision under the holding in Hogan v Hayes . After you have had a chance to review this letter, I would like to meet with you to discuss the matter in the hope that we can avoid the need for the Board of Appeals hearing. CVe truly yours, nard T. Kilroy enc I 1158 Mass. 474 NORTH EASTERN REPORTER, 2d SERIES j 372, 376, 451 N.E.2d 734 (1983). It follows award raise issues (in different terms) from this principle (at least as far as this which have already been decided. They arbitration is concerned), that the injured need not be.discussed. party (F/D/C) could compel the contract Judgment affirmed. violator (the city) to assume the defense of unliquidated claims brought against F/D/C by the phase IV subcontractors which were 0&KE1UMBER SYSTEMcaused by the city's breach. It was open to the arbitrators to conclude that the city should have foreseen that its conduct would expose F/D/C to claims by its sub- contractors.12 19 Mass.App.399 [8,9] Indemnification here also carries Frank H. HOGAN et al.t some benefit for the city because it permits the city possibly to reduce damages by V. successful defense or settlement of the Robert P. HAYES et al.z pending subcontractors' claims. These I Appeals Court of Massachusetts, claims could not have been liquidated by Norfolk. the arbitrators because, at the conclusion of arbitration, most were still in litigation Argued Nov. 8, 1984. or awaiting arbitration. Importantly, the Decided Feb. 22, 1985.- city has not been subjected to a potential j blank check on damages.. The award cir- cumscribes the city's ultimate liability by Landowners brought administrative ac- i limiting indemnification only to subcontrac- tion to stop construction on adjacent lot. tot claims "pending" at the time the award After administrative appeal board denied was made, see note 8, supra. The claims relief, landowners brought two court ac- were identified, only the final amount due tions against owners of adjacent lot, build- on them was left unascertained. Contin- ing inspector, city board of appeals, and gent awards.by arbitrators are valid. See planning board. The Superior Court, Nor- Trustees of Boston &Maine Corp. v. Mas- folk County, George N. Hurd,Jr.,J., grant- sachusetts Bay Transp. Authy., 363 Mass. ed summary judgment for all defendants, E 386, 393, 294 N.E.2d 340 (1973). .The in- and landowners appealed. The Appeals demnity award, as we read it in light of the Court, Kaplan, J., held that: (1) failure of contract, extends only to the claims arising building inspector to make written re- out of the subcontractors' contracts and sponse' to landowners' written protest of. does not make the city liable for tort claims building permit did not destroy landowners' or damages. We conclude that the indem- administrative appeals; (2) zoning variance I nification award was a permissible remedy allowing division of lot previously encom- within the broad scope of the arbitration passing both adjacent lots, and allowing provision. Other arguments by the city building on vacant section, was sufficiently seeking to set aside paragraph 5 of the and irrevocably exercised by the partition I12. As we have noted, the issue of the parties' 1. Katherine A. Hogan, his wife. liability to phase IV subcontractors was before rr the arbitrators. F/D/C claimed that the city's 2, Mary A. Hayes, his wife; the inspector of I delay and other alleged defaults made it impos- buildings of Quincy; the board of appeals of I sible for it to perform phase IV of the contract Quincy; and the planning board of Quincy. As and requested all damages incurred as a result. indicated below, this action was consolidated In addition, the city submitted the issue of with another brought by the same plaintiffs and F/D/C's potential "liability for liquidated dam- naming as defendant only the board of appeals ages and extra costs incurred by the city in of Quincy. negotiating subcontracts under the [p]hase IV contract." t - T X,� I - ' F HOGAN v. HAYES Mass. 1159 C Cite as 474 N.Eld 1158 (Mass.App. 1985) t ferent terms) itself; and(3)building permit was rendered Robert W. Langlois, Wollaston, for de- ecided. They void by failure to satisfy subdivision con- fendants. trol law. Reversed with leave to defendants to Before GRANT, KAPLAN and KASS, supplement pleadings and proof. JJ. KAPLAN, Judge. 1. Municipal Corporations a621 The plaintiffs Frank and Katherine Ho- Failure of city building inspector to gan own a lot on a private way in Quincy, make written response, either voluntarily called Patrick Road, and the two-story or by compulsion, to landowner's written house and detached garage thereon. The protest to building permit issued for adja- lot is rectangular, has an area of 5,000 et a1.1 cent lot did not destroy landowners' admin- square feet, and a width of 50 feet fronting istrative appeal, even though inspector's on the way. The defendants Robert and response was technically necessary to trig- Mary Hayes own a contiguous lot, similar et a1.2 ger administrative review, particularly in shape and area, and with a similar 50 achusetts, since opposing parties did not make timely foot frontage on the way. Their lot is objection. M.G.L.A. c. 40A, §§ 7, 8; Rules vacant. The object of the present (consoli- Civ.Proc., Rule 12(h)(1), 43A M.G.L.A. dated) action was to prevent the Hayeses 984. from building on their lot. On cross mo- 2. Zoning and Planning a549 tions for summary judgment, aided by a 1985. Under the former Zoning Enabling statement of agreed facts, a judge of the Act, a variance once validly allowed could Superior Court gave judgment for all the ninistrative ac- continue in force without limit'of time al- defendants, who included, aside from.Mr. i adjacent lot. though not exercised. and Mrs. Hayes, the Quincy building in- board denied I 3. Zoning and Planning c-549 Spector, the board of appeals, and the plan- two court ac ning board. On the main issue, we, too, cent lot, build Zoning variance, allowing landowner to support the defendants, but there is a com- appeals, and divide lot and to build on vacant section, plication that stands in the way of an af- granted under prior Zoning Enabling Act, firmance, as will appear. or Court, Nor was sufficiently and irrevocably exercised Jr.,J.,grant by the partition itself, such that delay in We abbreviate the facts as far as feasi- 11 defendants, building did cause variance to lapse, not- ble. By.1949, Margaret Stanton and her The Appeals withstanding new Zoning Act, providing husband were owners by the entirety of (1) failure of for lapse if a variance is not exercised both lots,3 a combined area of 10,000 e written re- within one year. M.G.L.A. c. 40A, § 1 et square feet with the house and garage n protest of thereon, and a frontage of 100 feet. In y landowners' seq., 10. April, 1974, after the death of her husband, oning variance 4. Zoning and Planning a372.5 Mrs. Stanton applied to the board of ap- iously encom- Building permit which was not preced- peals for a variance to allow her to divide and allowing ed by satisfaction of the subdivision control her ownership so that she could sell the lot as sufficiently law was invalid, notwithstanding planning with the existing house and garage, and the partition board's "approval not required" endorse- build a small residence on the other lot. ment after issuance of the permit. M.G. There was need for a variance because the L.A. c. 41, § 81Y. zoning provisions then (and still) applicable the inspector of in this residential district specified a mini- rd of appeals of mum lot size of 7,650 square feet, mini- ,d of Quincy. As ' Robert L. Marzelli, North Pembroke, for mum lot frontage and width each of 85 .vas consolidated me plaintiffs and plaintiffs. feet, and minimum side yard depths of board of appeals 3. The lots were originally laid out as part of a Stantons bought one of the lots in 1948 and the plan recorded in 1902. By the late 1940's, the other in 1949. two lots came to be separately owned. The x . w: 1160 Mass. 474 NORTH EASTERN REPORTER, 2d SERIES thirteen feet.4 On a determination that "a and amplified by the statement of agreed literal enforcement of the provisions of the facts, asserted as a main proposition that Zoning Ordinance would involve substantial the variance had "lapsed," thus destroying hardship to [Mrs. Stanton]," and so forth, the basis for the building permit. If that the board of appeals granted a variance "to contention were to be rejected, then the r subdivide the premises ... and erect a sin- plaintiffs would assert that the permit was gle-family dwelling on the vacant lot creat- invalid because it was not preceded by sat- ed." Mrs. Stanton did not at that time ask isfaction of the Subdivision Control Law the planning board to give or dispense with (whether, as we may suppose, by approval approval under the Subdivision Control of a subdivision or by endorsement of "ap- Law. See Arrigo v. Planning Bd. of proval not required"); and, further, that Franklin, 12 Mass.App. 802, 429 N.E.2d the necessary conditions did not exist for 355 (1981). the endorsement given by the planning In 1975 Mrs. Stanton sold the lot with board. Perhaps to fortify themselves pro- house and garage to the plaintiffs' prede- cedurally, the plaintiffs on July 12, 1983, cessor in title. The other lot remained commenced a second action in the Superior vacant at the time. Subsequently, the de- Court attacking.specifically on the ground fendants Robert and Mary Hayes pur- of "lapse' the ruling of the board of ap- chased that lot from Mrs. Stanton, and, peals of June 24, 1983, which had refused about that time, on December 14, 1982, to disturb the allowance of the building they applied to the building inspector for a permit. The two actions were ordered con- building permit for a one-story, single fami- solidated, and the summary judgment ap- ly dwelling. The permit issued on January pears to have been intended to dispose of 14, 1983. On April 7, 1983, the planning both actions.' board gave the defendants an endorsement of "approval not required" under the Sub- [11 1. There is a possible difficulty— division Control Law. not raised by the defendants—which The plaintiffs have attacked in a number threatens to frustrate the plaintiffs'appeal. of ways. On January 24, 1983, ten days According to the case of Vokes v. Avery W. after the issuance of the building permit, Lovell, Inc., 18 Mass.App. 471, 479, 468 they filed a written protest with the build- N.E.2d 271 (1984), decided after the deci- ing inspector. Failing any response on his sion below, the triggering event for an part, the plaintiffs, on February 28, 1983, application for administrative review of the filed an administrative appeal with the action of the building inspector would be a ` board of appeals. That board denied relief written response by him to the plaintiffs' on June 24, 1983.1 As early as January 31, protest; but in the present case he has 1983, however, the plaintiffs had instituted made no such response voluntarily or by an action in the Superior Court against all compulsion. See G.L. c. 40A, §§ 7 & 8.' the defendants named above. Their com- We think, however, that the plaintiffs can plaint, as finally amended on May 11, 1983, escape this abyss. The defect, although it 4. Without the.variance,the division proposed by 6. We read the notice of appeal as being ad- Mrs.Stanton would have put the built-on lot in dressed to the consolidated action although manifest violation of the lot area and minimum nominally lodged only in the first action. frontage and width provisions. There would be a violation, also, of the side yard provision be- 7. As to the administrative route that must be cause a lot line bounding the vacant lot would traveled before judicial review is sought, see run within four feet of the existing house. Mrs. Neuhaus v. Building Inspector of Marlborough, Stanton's plan put the proposed house within 11 Mass.App. 230,,235, 415 N.E.2d 235 (1981); ten feet of a lot line. McDonald''Corp. v. Seekonk, 12 Mass.App.351, 5. The board indicated that the"lapse"question, 353, 424 N.E.2d 1136 (1981), and note Banquer mentioned immediately below, would have to Realty Co. v.Acting Bldg. Commr.of Boston,389 be finally decided by the court in the plaintiffs' Mass. 565, 574�575, 451 N.E.2d 422 (1983). action commenced on January 31, 1983. ` i i I � I HOGAN v. HAYES Mass. 1161 I Cite as 474 N.E.2d 1158 (Mass.App. 1985) _nt of agreed may be spoken of as "jurisdictional," ap- stroyed wholesale by a retroactive applica pears not to be of such significance that a tion of § 10, would appear quite drastic, oposition that i court must take notice of it even if the and hardly matches the text of that provi- us destroying j rmit. If that j opposing party fails to press it, cf. Mass.R. sion. A milder contention might take the ted, then the Civ.P. 12(h)(3), 365 Mass. 757 (1974) (sub- form that § 10 should extend to cancel ject matter defect); rather, like a defect of variances, granted well before the effective e permit was "personal" jurisdiction, it may be over- date of the new statute, which have not eded by sat- looked if not timely objected to, cf. Mass.R. been exercised within a year after that Control Law Civ.P. 12(h)(1), 365 Mass. 757. (1974). Ac- date. Even that proposition might put a by approval cordingly, the plaintiffs' appeal.is not de great and insupportable strain on the statu- ement f that stroyed and we consider it.s tory language. (See the reading of§ 10 in further, ; [2] 2. On the main question of the Knott v. Zoning Bd. of Appeals of Natick, not exist for 12 Mass.App. 1002, 1004, 429 N.E.2d 353 the planning claimed lapse of the rights granted by the emselves pro- variance, the plaintiffs would have to con- [1981].) July 12, 19831 cede that under the Zoning Enabling Act [31 But we need not and should not n the Superior which antedated the present Zoning Act, attempt to rule on the broad issue of retro- on the ground G.L. c. 40A(effective in Quincy on June 30, activity. We are prepared to say that, so board of ap- 1978), a variance once validly allowed could far as § 10 may conceivably bear on the h had refused continue in force without limit of time al- past variance at bar, there was a sufficient the building though not exercised.' Nor was a time exercise of it not later than the time when e ordered con- limit set on the instant variance, either by Mrs. Stanton sold the lot and buildings to judgment ap- the ordinance or by the actual text of the the plaintiffs' predecessor in 1975. As indi- to dispose of variance as allowed. The plaintiffs con- cated (see note 4, supra), the predecessor tend, however, that the new statute, G.L. c. at that point (and, indeed, the plaintiffs 40A, § 10, quoted in the margin,10 does today)would be in multiple violation of the le difficulty— establish a limit of one year, and that this zoning ordinance were it not for the vari ndants—which (or possibly the policy expressed by it) ap- ante. So also, after disposing of the plain- intiffs' appeal. plies not only to variances granted after tiffs' lot in reliance on the variance, Mrs. es v. Avery W. the effective date of the statute, but retro- Stanton retained a lot which, except for the 471, 479, 468 actively to variances granted theretofore. variance, could not have been developed after the deci- The plaintiffs do not spell out convincingly and would have lost value. Even though event for an II� the extent or detail of this claimed retroac- the variance had not been fully carried out e review of the tivity, but they assert that the instant vari- by actually building, we think it was suffi- tor would be a ante, unexercised, as they claim, through ciently (and irrevocably) exercised. Cf. the plaintiffs' 1982 and beyond, was extinguished and Dimitrov v. Carlson, 138 N.J.Super. 52, t case he has could not furnish a lawful foundation for 59, 350 A.2d 246 (App.Div.1975); Hill luntarily or by the building permit. Homeowners Assn. v. Passaic, 156 N.J.Su- OA, §§ 7 & 8? The notion that variances more than one per. 505, 512, 384 A.2d 172 (App.Div.1978); e plaintiffs can year old, and remaining unexercised by the Nuckles v. Allen, 250 S.C. 123, 130, 156 ect, although it effective date of the new statute, are de- S.E.2d 633 (1967).11 Moreover, the plain- eal as being ad- 8. It may be observed that the building inspector 11. We decide that the exercise of rights herein action although is joined in the present action and is aligned as would be sufficient to prevent a lapse of the first action. a defendant. variance even on the plaintiffs' hypothesized interpretation of § 10. We do not attempt a ute that must be 9. See,however,the reference below to the possi- definition of "exercise" under § 10 in its pro- 'ew is sought, see ble supersession of an unexercised variance by spective sense. Cf. Hunters Brook Realty Corp. r of Marlborough, reason of a severe change of conditions. v. Zoning Bd. of Appeals of Bourne, 14 Mass. .E.2d 235 (1981); 10. Section 10, as amended by St.1977, c. 829, APP• 76, 436.N.E.2d 978 (1982). 12 Mass.App.351, § 4B, provides: "If the rights authorized by a Unlike§ 10,some zoning provisions have car- and note Banquer variance are not exercised within one year of ried definitions of use or exercise. See Roy v. mr.of Boston,389 the date of grant of such variance they shall Kurtz 357 So.2d 1354, 1356 (La.Ct.App.), writ 2d 422 (1983). lapse, and may be reestablished only after no- denied, 359 So.2d 1307 (La.1978); In re 230 Lice and a new hearing pursuant to this section." Tenants Corp. v. Board of Standards&Appeals Mass.Dec.473-474 N.E.2d-15 V f t y 1162 Mass. 474 NORTH EASTERN REPORTER, 2d SERIES k tiffs' position is so intrinsically inequitable although asserting that the planning that it should not prevail. They take ad- board's endorsement of "approval not re- vantage of so much of the variance as is quired" was improper, the plaintiffs do not needed to enable them to hold their proper- provide any solid support for the assertion. ty lawfully but seek at the same time to See Haynes v. Grasso, 353 Mass. 731, 234 escape from its coincident burden upon N.E.2d 877 (1968); Adams v. Board of them. See Ellen M. Gifford Sheltering Appeals of Concord, 356 Mass. 709, 255 Home Corp. v. Board of Appeals of Way- N.E.2d 372 (1970). land, 349 Mass. 292, 295, 208 N.E.2d 207 Having lost their point that the variance (1965); Skipjack Cove Marina, Inc. v. has lapsed, the plaintiffs may see little County Commrs. for Cecil County, 252 profit in persisting with this litigation. Md. 440, 450-452, 250 A.2d 260 (1969). Cf. Strictly, however, they are entitled to a Selectmen of Stockbridge v. Monument reversal of the judgment, but with leave to ' Inn, Inc., 14 Mass.App. 957, 958-959, 438 the defendants to supplement P their plead- N.E.2d 365 (1982). "' ings and proof with th respect compliance liance In holding that the variance at bar did with G.L. c. 41, § 81Y (having reapplied so not lapse but on the contrary has been far as they may deem necessary to the sufficiently availed of, we do not mean to building inspector or planning board to at- reflect in any way upon a possibility that tain compliance); the action to proceed fur- an old variance, long unexercised, may lose ther in the Superior Court as occasion may its force by reason of radically changed require. conditions at the locus, including changes So ordered. brought about by revisions of a zoning ordinance or by-law. See Dimitrov.. v. Carlson, supra; In re Ambrosio v. Zoning CE YNUR SYSTEMBd. of Appeals of Huntington, 196 Misc. 1005, 1008-1009, 96 N.Y.S.2d 380 .(1949). No such claim can be made here. [4] 3. Like too many zoning cases, this one is beset by a procedural difficulty, here 19 Mass.App.392 arising upon the plaintiffs' objection, al- JULIUS TOFIAS & COMPANY, INC. ready adverted to, that the issuance of the building permit was not preceded by satis- V. faction of subdivision requirements. More JOHN B. STETSON COMPANY. particularly, the plaintiffs point to G.L. c. Appeals Court of Massachusetts, 41, § 81Y, par. 2 (as appearing in St.1953, Norfolk. c. 674, § 7), which states that a building inspector may not issue his permit "until Argued Oct. 16, 1984. first satisfied that the lot ... is not within Decided Feb. 22, 1985. a subdivision, or that a way furnishing the access to such lot as required by the subdi- vision control law is shown on a plan re- Broker brought action against vendor corded or entitled to be recorded under of building to recover broker's commission [§ 81X]," etc. We do not know on what under exclusive brokerage contract con- basis the building inspector acted. The taining extension provision. The Superior planning board's "approval not required" Court, Norfolk County, John H. O'Neil, J., endorsement would be a proper basis, but entered judgment for vendor, and broker that came too late for the purpose. The appealed. The Appeals Court, Dreben, J., plaintiffs' grievance seems minor at best: held that broker was not required to be of New York, 101 A.D.2d 53, 54, 474 N.Y.S.2d Associates, 76 Pa.Commw. 238, 242, 464 A.2d 498(1984); In re Appeal of Newton Racquetball 576(1983). t i �5 TOWN -OF, BARN3TABLE r zoning Board of Appeals Application for Other Powers Date Received For office use only: Town Clerk Office Appeal # Hearing Date .Decision Due The undersigned hereby applies to the zoning Board of Appeals for the reasons indicated: Applicant Name: 6�re:c- LGA ZSLAey�y �-NG. Phone Applicant Address: L'11-_NAIN �S MA . d (63,-,-- Property Location: {% -� This is a request for: [ ] Enforcement Action p(] Appeal of Administrative officials Decision [ J Repetitive Petitions [XJ Appeal from the Zoning Administrator [ya other General Powers - Please specify: o Q_ oc VflrLr�rvCL 17�C.is��rU �INDC-(L AP<<AL s Please Provide the Following Information (as applicable) : Property Owner: }s F-cA i NC, , Phone Address of owner: �1 j /y)4-j jy 5 ; . (-1EN) Er y1 LLI M4 0,)-63X If applicant differs from owner, state nature of interest: Assessor's Map/Parcel Number %)')flR ( C6 7 DArzfC-LS 3^3 + -3_ Zoning District2� -I Groundwater overlay District Which Section(s) of the Zoning ordinance and/or of MGL chapter 40A are you appealing to the Zoning Board of Appeals? 114(,[ C , Z10A 7 r13 Existing Level of Development of the Property - Number of Buildings: Foato roll- Present Use(s) : VACAf\/T , Gross Floor Area: sq. ft. I Application for Other Powers Nature Description of Request: SQL . �Th Cd./"D Attached separate sheet if needed. Is the property located in an Historic District? Yes [ ] . No. DQ if yes OKH Use only: Plan Review Number Date Approved Is the building a designated Historic Landmark? Yes [ ] No If yes Historic Preservation Department Use Onlv: Date Approved Has a building permit been applied for? Yes No [] Has the Building Inspector refused a permit? Yes No [] Has the property been before Site Plan Review? Yes [ ] No [ ] For Building Denartment Use only: Not Required - Single Family [ ] Site Plan Review Number Date Approved Signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your request: Three (3) copies of the completed application form,' each with original signatures. Three (3) copies of all attachments as may be required for standing before the Board and for clear understanding of your appeal. The applicant may submit any additional supporting documents to assist the Board in making its determination. Signature: Date: /d l � Gil I ��s , . I Applicant or Agen 's Signature: Agent's Address: . �7� �i Aid T , G', D (ubk Phone: 1 0-O --77/-61,-Q layRNrv,s� ynA. tn-6,-i _ Fax No. 6jj�-27 S -7 ZL INotice For Public Hearin g The following are the most recent names, -mailing addresses and corresponding Assessor's Map & Parcel Numbers of the abutting propert� owners, the owners of land directly opposite on an Y street or way, Y public or private and all abutters to the abutters within three hundred (300 ) feet of the property lines of the subject property. Assessor' s Map & Parcel Number Owner's Name Address --------------- * N 0 T I C E Upon submission of application, it is required that all facts and documentation necessary to support the relief being sought be presented by the applicant. The failure of which may result in the denial of the application at the scheduled hearing. NATURE AND DESCRIPTION OF REQUEST The applicant was issued a variance by the Board on August 16, 1995 which was recorded at the Barnstable County Registry of Deeds on August 24 , 1995 in Book 9811, Page 226, copy attached, for LOTS A, C, D & F on the Beech Leaf Landing Plan, copy attached. The applicant was issued a building permit on August 28 , 1995, copy attached, and an occupancy certificate on October 7, 1996, copy attached, for LOT D. The applicant was issued a building permit on September 26, 1996 for LOT A, copy attached, and has substantially completed the dwelling thereon at this time . i The applicant submitted an application for a building pe---mit for LOT F on August 28 , . 1997, copy attached, and the Building Commissioner issued a letter to the Applicant on September 18, 1997 , copy attached, returning the permit fee and indicating that he is unable to process the building permit application for LOT F (447 Bay Lane, Centerville) . The applicant believes that the basis for the Commissioner' s decision is that the variance has lapsed for lack of exercise of the rights granted thereunder. The applicant believes that it is entitled to building permits on LOTS F and C under the Variance decision and otherwise and asks that the Building Commissioner' s decision be overruled. See Hogan v. Hayes', 474 NE2d 1158 . Also attached are copies of a portion of Assessors' map 187 showing the affected lots and a copy of the site plan showing existing improvements on LOT F. Further, under the Board' s inherent power, the applicant requests the Board to modify or clarify its decision under Appeal .1995-83 by issuing a modification of said decision. The requested modification is to show that the true intent of the Board was that the provision contained in its decision that the relief authorized must be exercised in one year was not meant to require the construction and completion of the dwellings on all four lots within one year but only to begin the process on at least one lot within the year and thereafter continue the completion of the dwellings on the remaining lots in a reasonable manner. I 09-19-1997 04:02PM FROM 508-771-7626 TO 7757526 P.05 ` The Town of Barnstable HAM nnxraeraat.e. Department of Health Safety and Environmental Sen ices �Fo A building Division 367�ain Street, Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Buildiri;Commissioner September 18, 1997 Ronald J_Silvia Silvia&Silvia Associates 619 Main Street Centerville, MA 02632 447'13; ..a:, `. its r� �}. i y,�5�t,;...j�i�,'�.•;r ,c i.. � ,' T w i DearMr.:Stivta: We are returning your permit fee of$697.50 as we are unable to process your building permit application for the above referenced lot. Sincerely, 1, ` Ralph M. Crossen Budding'Commissioner RMC/km I TOTAL P.05 THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I M ^�c� C DATA P�,Ptr' a '��'• ti N�' �wx r � ^moo. n � t'•• �',� r3 ® 7k �. ® r CD e V 40 r Z u 1 k O Z 6 t q. t k- '6 10 2.50 AC 70 toYo y � / o i.h r•�'' A �.y4 Ali ILL s y o -'N ► t d AY 1 O d \ v 67. .. O PE Y, SPACE '•4s m bat.-. r O ` ,WO .rL o 3-7 v ✓: b rr 40.0 - .ar.� �a 77 u 3-6 C ,bo.•c . 4 .. 4Z AC. ^ Lz ei _ .ais 2.2 AC:S �•' 0 AC[E:,S Ein•T rG5 Z =4 .:.... _'. .� eeeLH LE.cf%, .,p• ,Og ° 37AC' ©ea 5> �>• � ,°4 r 6e�N LEiaF. ISliuu:: �61 73 ® i x 73 p} !10 ° 32 AC_ v gyp . .�'•YU' , � - 0 ro o ,Sb'r ` G ,fs✓'�ai - - b5 ,Lg�p..�� �L 2 Lo `� 37AC v \ LIS Ac OPEN ,.v✓� ' ? 1.1 SCALE 3•Z .'+ 3-I. LOr1•i "" ' �' 7 .44AC % GR•f+D TOTAL n 66 8 r"�+:YY •.. O 7 .` \ - 5 OPEN SCALE .�'1'•[. Y� LO uP4 f,t L 17 UPt AHD N �+'( 1={�L O df•'ro'ML 1 Jro wry—D >➢ o f':J P` - ,,w Mi b'° 1 Z.17AC TOTAL_ UNDER THE DIRECTION OF THE 374 ISS tTA13LE e�BOARO.OF ASSESSORS h+tl I S NIRM1P (NC.. � - i 1 SCALE p' e0, ti„ ice• /`••,f SCALE '�'.roo' IUSE77q CONNEC71CU7 \ _ \IY ,;�AM'i'J t71 Iw-4t�.gb. ..._.._.._.___ _....._.___. i 1 i'L / t . ssor's Office(1st floor) Map Lot Permit# C9nservation Office Oth floor) Date Issued Board of Health(3rd floor)(8:30-9:30/1:00-2:00) Fee Engineering Dept.(3rd floor) House#1 �TVW Planning Dept.(1st floor/School Admin.Bldg.) Definitive Plan Approved by Planning Board 19 •r .c w+: TOWN OF BARNSTABLE Building Permit Application Project Street Address 447 Bay Lane (Map 187 Parcel 3.3 Subdivision Lot F) Village Osterville Owner Beech Leaf Island, Inc. Address 619 Main Street, Centerville Telephone (508) 775-1442 Permit Request New Construction (Code 5th Edition) Total 1 Story Area(include 1 story garages&decks) square feet Total 2 Story Area(total of 1st&2nd stories) 3,790 square feet Estimated Project Cost $ 225,000.00 Zoning District Rd-1 Flood Plain C Water Protection AP Lot Size 16117.2 Grandfathered? Open Space Subdivision Zoning Board of Appeals Authorization Planning Board Special Recorded 8/6/85 Current Use Permit 3/25/85 Proposed Use Single Family How Construction Type Wood Commercial Residential Single Family Dwelling Type: Single Family X Two Family Multi-Family Age of Existing Structure Basement Type: Finished Historic House N/A Unfinished Concrete Old King's Highway N/A Number of Baths 2.5 No.of Bedrooms 3 Total Room Count(not including baths) 7 First Floor. 5 Heat Type and Fuel Gas Hot Air Central Air Yes Fireplaces 1 Garage: Detached Other Detached Structures: Pool Attached 2 Barn None Sheds Other Builder Information Name Ronald J. Silvia Telephone Number (508) 775-1442 Address 619 Main Street License# 016932 HI 101621 Centerville, MA 02632 Home Improvement Contractor#101621 Worker's Compensation# 3BY00253900 NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. BFI ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO SIGNATU DATE a� -',23-27 BUILDING PERMIT Df,NfFD FOR THE FOLLOWING REASON(S) • �., Zoning Board of Appeals-Decision and Notice BP:09811-0226 95-08-24 11 :19 4042171 Ap^ial No.1995-83 Beech Leaf Island,Inc. Town of Barnstable - Zoning Board of Appeals Decision and Notice Appeal No. 1995-83 Beech Leaf Island, Inc. Variance to Section 3-1.2 (5) Bulk Regulations - Illfinim,uT "t Area Summary Granted with Conditions Applicant & Owner. Beech Leaf Island, Inc. I 01 (- ; Address: 447, 465, 473 485 Bay Lane, Centerville, MA j Assessor's Map/Parcel: 187/3-3,3 3-5 3-7 I( Zoning: RD-1 Residen 'al D-1 Zoning District Applicant's Request: Variance to Section 3-1.2 (5) Bulk Regulations for minimum lot area " > : requirements for the remaining four lots of an open space subdivision �s Background Information: The application is for variance to Section 3-1.2 (5) Bulk Regulations for minimum lot area '< Y4 requirements for the remaining four lots of an open space subdivision. The property is shown on Assessor's Map 187, as Parcels 3-3, 3-4. 3-5 and 3-7, and is commonly addressed as 447, 465, 473 and 485 Bay Lane, Centerville, MA in a RD-1 Residential Zoning District. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals ! on May 31, 1995. A public hearing before the Zoning Board of Appeals was duly advertised and w j notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on co I 0 1 03, July 12, 1995 at which time the Board found to grant the variance with conditions for all four lots. Board members hearing the appeal were: Ron Jansson, Emmett Glynn, Dexter Bliss, Gene Burman and Chairman Gail Nightingale. This appeal is also related to Appeals No. 1995-81 and 82. All of the appeals were heard together. A . Attorney Baum represented the appeals. He noted that there are four remaining lots in this land division, each with foundation built in 1986. At present, the Building Commissioner revoked the I previous building permits and denied applications for new permits based on insufficient lot size. The land division was approved in 1984 via an Approval Not Required Plan (ANR) which was recorded in the Registry of Deeds showing 7 lots ranging from 20,000 - 9 rY 9 9 9 sq. ft. and 63,000 sq. ft. Litigation problems occurred with the DEQE that were dismissed in August 1991. The protective covenants documents is in the file as Exhibit G. Silvia and Silvia granted an easement in consideration of approval of open space development on October 12 ,1986. Between April 9. — 1986 through December 1986; foundation permits and building permits were given. Three of the seven lots were built upon and conveyed to owners, the four remaining lots had foundations and i utilities installed. o The fatal set of events began in 1991 with the closing of Sentry Bank, the bank that held the developers mortgage,'by the FDIC. The RTC was appointed as receiver and all funding was frozen as well as the development assets. The land mortgage went one place and the construction loans went another. They received no cooperation in attempting to obtain releases of unfunded lots. Therefore Beech Leaf then filed bankruptcy on March 23, 1993. This action n was used to in order to get a court release for Lot E. The bankruptcy was dismissed on March r 15, 1995 and Beech Leaf structured a deal with Sun Bank who got the lots releases on April 22, 1995. In May our Building permits were revoked by Mr. Crossen. C�) 06 `I 9 ;I 1 TOWN OF BARNSTABLE BUILDING PERMIT I PARCEL ID 181 003 007 GEOBASE ID 32784 i ADDRESS 486 BAY LANE PHONE Centerville ZIP - LOT A ,-> BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CO i PERMIT 18170 DESCRIPTION SINGLE FAMILY DWELLING (SEW.PMT.#86-1234) PERMIT TYPE BUILD TITLE NEW RESIDENTIAL BLDG PMT y5 CONTRACTORS: SITrV-IA, RONALD J. ; . `, Department of Health, Safety ARCHITECTS: and Environmental Services . TOTAL FEES: $6.35-97 BOND $.00 Oki CONSTRUCTION COSTS $205, 150-00 4 i K Qe► 101 SINGLE FAM HOME DETACHED 1 PRIVATE P Q * SARNBTABLE, • MAS& OWNER BEECH, LEAF ISLAND INC ADDRESS 619 MAIN ST ED M CENTERVILLE MA BUILD N BY DATE ISSUED 09/26/1996 EXPIRATION DATE j I THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED, SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. Bufu_-)Ttq(-t Pi T'r Picked Up by Ron Silv- la 8/28/95 10:20 a.m. 2:7 1.1 F Replaced Plan Dated 1.j I I R* BAY D'UHR 512I2Vj�5j-!al-a8 w/New Erig,11>1ger's Stamped plan - ---------- .00A V T. iTT DT1S-TR'U.,T Co P Fi: U IT 9107 F"(;CPT 1"'N('N' PUT U) T I 111.111q, N17W I t`1 D.F.I I) P I":FIC-1 T IT )�19 (770R,", R'('11AILD T . Department of Health, Safety and Environmental Services 3(1) 1 RUCITICI.N i 01 FAM -9 BARNSTABLE, • MAS& 039. ICH . LEAD .1.1S)LAND 111iC OwiliT (.119 MAIN ;T BUILDING.DIVISION i�_XP �P.A.T I oiq� BY, . Y I I i, THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION WHERE APPLICABLE. SEPARATE 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- PERMITS ARE REQUIRED FOR (READY TO LATH). PANCY IS REQUIRED, SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. 4 FINAL INSPECTION BEFORE OCCUPANCY. 16-jaij�] BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. 508-790-6227 �T q TOWN OF BARNSTABLE ci� N CERTIFICATE OF OCCUPANCY ?ARCEL ID 187 003 005 GEOBASE ID 32782 kDDRESS 465 BAY LANE PHONE Centerville ZIP SOT D BLOCK LOT SIZE )BA DEVELOPMENT DISTRICT CO ?ERMIT 18453 DESCRIPTION (BUILDING PERMIT NO. 9107) ?ERMIT TYPE BC00 TITLE CERTIFICATE OF OCCUPANCY ,ONTRACTORS: Department of Health, Safety kRCHITECTS: and Environmental Services TOTAL FEES: 3OND $.00 pF y 'ONSTRUCTION COSTS $.00 753 MISC_ NOT CODED ELSEWHERE * EAMSTABLE, # MAS& )WNER BENDER, ROBERT AND NANCY i639• Ohs kDDRESS 465 BAY LANE CENTERV I LLE MA BUIL DIVISI N BY DATE ISSUED 10/07/1996 EXPIRATION DATE r I ANO 'm Rf li I{SL fr,..r+/ // HB2 4Z06'E \ E 0.68 N))y� C UT/f T ce FiA7 ' 5536 � 9•E s 13626 m m � N 2 //�rPE JSYM'�1 S7;3q fCY.MI1XaY A� I v t ..� . pn CARA6f a L O T B REAR/CTE-p I' N , -— A9497sF s2A L OT A aWr 0'1\ ` 2297 I ,, co ER ` EWE 706..9 w- _ 1�5" PAVED .°r T 777q Z CAgpGE- `'ti•Ip'E 1�nn' � I I `�%/9' �`�-•� Q,\c�I 4JB�,Po/\ •'�wr/ 8 a o u by 4; z ol LOTS/ $ OTC .• /SLg/jc�y�Eq/c- \rH7N9j/��\ < w. 9J E5 29'1J• N))•3,'29`w 0 \\\\\ Gorr I r JJp J0 Po/. prrpy '«RI 4YYG '� W O. H7 d929 Q yy,'90 7A r \V LO.TE w J.� i /.5773 SF �• [t�a 6` N, b I EIIIFY THAT THIS PLAN CONFORMS TO b THE RULES A.ND REGULATIONS OF THE (:6,J0 Q 6B � REGISTERS 0:DEEDS. 72.32 _ v 00 y J N8 3.08'30"W / ��- u N 7 VJ4• r 9� \ 29 w -- -----no - &3.00 N63.OB'JO' mm o'V aA O' THE SUBDIVISION SHOWN IS ThE SAME AS W THAT SHOWN ON A PLAN BY BARNSTABLE �y7n Fe oeli / +\\-'- �\ • p SURVE f CONSULTANTS RECCRDED IN BOCK 402 r•G.78. LZo pal U n W BRB ' iL `"' BEECH LEAF LANDINGi1 \�J s° AT SCUDDER BAY j LOT F ti /42J95P , O� � � $I�:�. PLAN OF ;-AND IN B A R N S T A B L E !CENTERVILLE) MASS. _,V ;aacF , 8.13 FQR SILVIA 8 SILVIA ASSOC. INC. SCALE: T'.30' D A 3u —b- REV.DEC,17,1990 EAXTER 8 NYE,'NC. i"I-,' REGIS i ERED Li-BJD SURVEYORS •NETLAr;D: ED � AREA OF LOTS'.2.C6 AC. --- CIVIL ENGINEERS ,✓/✓ 1 OPEN SPACE- 2. 7 AC. - 3 ' O'iTFRVILLE,MA55. v AREA5.4�OF$J°DIV- SION. •C 1 I , ,J - NEE I 'WETLANDS B ME:': Gh:'•A'Cr LINE +:C 30 WERE OCF'NE0 BY A P'_).N F;EV10USL E(`•�_` RECOF—CD III SOO,3Br PG.15. IL+.x.•.�d(.pg ti I �r , cl GAS VALVE D4 \ NOTE: 28 EFROM C COMPONENT LOCATION INSTALLER TIES REF: ERMIT No. 86-7239 / ` ~ 26 i / SEPTIC VEN f 28 \` / S� LAWN L 0 T G o f 24 — 26 DRONE / ,pp. a >0.0 2 f \ N� STEWART SMIT, I — '`ry1 EXISTING \\ EXISTING / --ro RR 71E <J 59 h0l6 -, DISTRIBUTION OF ° \ LEACH PIT m 22��\ RET WALL \O ar• BOX 01G �t�,t' \ / m 26 P s 2 _ 20 LAWN Q \ '':+`.:: N _ t EXISTING > `. / SEPTIC TANK \ O� 26 28 m1 a ND OF COASTAL BANK- i `�� - 28 OWN DEFINITION /// �� \ c. h 12 '��/ AN26 G 6 A-4 v z9p GPy�,ti a moo¢ / �6 I i 6 A-3 \ m o �' LOT F \ ) C AL rn � Z �-0 m _F 24 16,239 SF t VIAND -EST PI WETLAND Vs-AND .TEST PITS 9BY 6 ut1 r 10-18-96 Q P B Y.,BAXTER k NYE, INC. ' TP 10-22-96 pF ° 6 \ 2 A i SITE PLAN AL /O d AT A S P A C E j / y` ° 447 SAY LANE / s Q, 22 ° CENTERVILLE, mASS. Tq P FOR f R T °�N�� SIL'AA do SLMA. INC. I'/ON X REVISED: NOVEMBER 19, .996 SCALE- 1' - 20' NOVEMBER 7, 1996 P " 15 + �26S 0 / _. B 812 M do NYE, INC. �812 MAIN STREET OSTERVILLE, MASS., 02655 / 13 a`V 20 / (508)-428-9131 y Y ?' ' k"r MEAN HI4H WATtR aY [AYi[R �'�rt vT:i' �& • /Sei•~f,et\-.. wILL14H R. LAIR UX, a -'..a. : 1 140,TT• fr. LOCATION MAP ''� NBi••` D' _ 577.�- SL All!� 1-s 2,0 a]'[ •. ,- 55.3 ' ��-2 T•E ZONE RD-I REFERENCES: .. ;, \\ s 77•- ASSE55ORS MAP 187 ''� I 14iD �9•F , ASSESSORS LOT 3 -'j DDo Jo �AE 4P °' ^, - 20,000 SF. IAIN AREA 'a IS S' MILL FRONTAGE LOT o. LOT 'A" sr IS,497'--S.F. •' 17,345 S.F. + LaZ : o x/ lz 'Os.DD. N»-34°too' E277.,� J SUBDIV1510N NAME z �� BEECH LEAF LANDING ~ lY V LOT 4o AT SGUDDER BAY LOT .p. D 14,73ots.F 2 _ _ 14, L 4 1'SY �ti o� ^w ti \ W ° TN 2 _ eB 4D 1'ZS.�N L '/ PERIM[T[R CDMPIL[D FROM PLAN aY BwX TER E NYE.INC. RECORDED IN T14E 7"" 734•Ij• ^ �S�AN BARNSTABLE R[GIiTRY OF D[EDS IN • O 1' 75 L� w `,� O O rr✓D PLAN BOOK )3:, PAae N b0• 7-3q• v,!s (P/�+1�NO LOT SHOWN Co THIS 9WI AND N 7S•31'41•E 50.42'... �� 43•w ��LP" `v - J - $0•Vg7E� APP ROV TD IN ACCORDANC[WITH THE I•E SG.43" - p 77 4j, `.�, ) • V �OEJ OPEN SPAL[ RESID[NTIAL DtVELOPMtNT 'N 1 Y PROVISIONS OF THS 'ARNETA.*L[ZONING - Ile O LOT'E- 77•��'Z j � 01 c� ` BY-LAW SHALL Bt FURTHER SUa DIVIDED. `•``•„�, _ _ 13,775�5'F .(. \''y 1•' APPROVAL UNDaR TH[ {�F OIVIIION CONTROL LAW IS NOT R[QUIR tD� `�\V •�' _'' BARNSTABLE PLANNING BOARD ✓L \ o w >` 4•'D PD+- CAPE COD SURVEY f( � � AI•E EO°O,: '' 7z.31' 9�` �� ,� 7.3a LT-W •• Y 2Z p3.D° N 73•p_a.!°"lU 'Sh/i��,l• 7p'OO' _ \•O� "At1 DATG CONSULTANTS Do'1 v •.� �{,�;y{ Q.�,dL( - 3261 MAIN STJROUTE 6A e 3.o D' ..'_'.7" N d3.oe BARNSTABLE VILLAGE,MA 02630 Z LOT•G 3p'w` LOT 'F- ,J' - ,3' � J>wwi L (617)362-81M 'o `l;'• -1.. 1 L,Z 3 8'-S.F. �' r O '/ DlV15E]NoF S F .D a �,�- BOSTDN SURVEY Corsv TA s 1HC. ENGINEERING SURVEYING PLANNIhYE i TITLE: 6 BB•3='42•W O`� J', ,T i<J'f,v ?t Q /O(l'1GL/ O PLAN OF LAND I.V a °! ° BARNSTABLE, MASS. (CEN TER VILLE) 2 h P N SPACE " �3 / PREPARED FOR: JB \ t h UPL 4IJD - 94,3Y6 S.F._ WETLAND 26,320 SY. = S-F. TH TOTAL AREA 120,666 IS PLAN WAS PREPARED IN R WITH THE J RULES AND RC CULATIO OF THE THE REGEaI.STRY OF SILVIA Q SILVIA < Y t0 DEECS OF THE COMMONWEALTH LTH OF M/A,SS/AC�HUSETT 6. ASSOCIATES, INC y GC/ 4.5 s 3T3.LG DATE PROFE651CNAL LANDISVRVEYOR .384.3' SCALE: 1'•40' iEET 0 tO .0 10 ._ PG.LAO WOK 4383 PG.24Z DATE: MARCH 5,1985 BOOK 43s3 PG L33 GR055 AREA L3L 4G4 S.F. COMP./DESIGN:C.W.R.A.M.P., RL.N. _ Y , CHECK: J.HC. THE WETLAND INFORMATION SHOWN`AS 5.43 AC. COMPILED FROM A PLAN BY HALTER 4 GRO65 AREA-OP[N DRAWN: N YE, INC. RECORDED IN PLAN BOOK 12o666 S.F' 0:'�1��: n••;Il 381,PAGE 15. T7 nC. FIELD' s z •r - - - . '. f ��• '�� 1•lr�d �.t�-J�rr'.g.�. 5 D uL',..i.✓i.,i:�1'.. .Y3�-..�:.1i.r_ -. s; DEPARTMENT OF PUBLIC SAFETY I CONSTRU0I0971UPERVISOR LICENSE Nuabe fz ires:p Birthdate: CS 616931 , t]18/1999 11/18/1949 t &4stfMod-fie ' 96 4. 3 RONAID SILVIA r 619 NAIN ST a CENTERVILLE, NA 61631 . s - The Co»tntonivealilt of Afassacllusetts 511 _t. Dc partn u�ri1 of Industrial Accitic�lNs +`• �� _•!� Offfceolllryest/gallvlrs tn; �'•_);:j�:? 600 Tf a.0in tort Street Boston,Alas. (12111 Workers' Compensation Insurance Affidavit Alt�l1 nformatio`n= I'Icnce PRt�rr le itih"" name: location: city nhon�i! ❑ I am a homeowner performing all wort.myself. ❑ Il+am a stole proprietor and have no one working in any capacity L:..V.... 3. -" :.,.,,`Ti° .. .__ ; ui c bt ^•�w-+'^e� !.,tee— w...-o-,, [ I am an employer providing worl.ers' compensation for my employees working on this job. �mnanp name: 011vla & Silvia Associates, Inc. rddress: 619 Main Street - City: Centerville, MA 02632 phone# (508) 775-1442" in_surnnce rn Lutnbermens Mutual Casualty nlicx Al #BY002539O0 ❑ I am a sole proprietor,general contractor, or homeowner(circle one)and have hired the contractors listed below who have the following workers' compensation polices: Come iv nimce address: t:ilY: ' phone H insurnnce co. nolicy Al arvr-a—rr�r,T ^ '.+ 'S�l•-- >L '�SU 47'at Sri vn address• city nhone# insurance co GCS # _ ;Attach additIonal sheet _��'.;'.��-_'C- _ f!7 ....:.: ?-.:t}I..:. f. ��...,. it "���lL,';.'t�L`..1L..wN.••.`stm Failure to secure coverage as required under Section 2SA of AIGL 151 can lead to the imposition of criminal penalties of a fine up to SI.500.00 and/or one years'imprisonment as well as civil penalties in the form Oft STOP WORK ORDER and a fine of 5100.00 a day against me. I understand that a eopY of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. 1 do herebi•cert' cr tb ai s a pe taln of pe ' rti• bat the information prodded above is true and corrccl. Signatureda Date .A8-Z ) Print name Ronald J. Silvia, President Phone# (508) 775-1442 official-use only do not write in this area to be compacted by city or town otiicial city or town: permitAicense q nl3uilding Department Q cheek if immed ❑Licensing finardiate response is required 0Sclectmen's Office ' 0I1ealth Department " contact person: phone k;_ nOther - ;r- In+rfed 7.qa�lA) . . .. ............. .......... ....... . ..... ... ....... ........ ... ISSUE DATE(MM/DD/YY) .............................................. . ............................................. .. ......................... ............................................ . .......................................... ......................... ............. .. ............................. . ....... ......... 99 ........ .......... HN CE R1 ................. :40-R.". . ................................. . ..... ......... ......... ........... ................................................... 08/25/97 . . . .................................................................... PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND rhe Fair Insurance Agency, Inc CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE .0. Box 430 619 Main Street POLICIES BELOW. Centerville, Ma 02632 COMPANIES AFFORDING COVERAGE (508) 775-3131 COMPANY A LETTER LUM13ERMENS MUTUAL CASUALTY COMPANY COMPANY B INSURED LETTER MARYLAND CASUALTY Silvia / Silvia Associates Inc COMPANY c 619 Main Street LETTER COMPANY D Centerville MA 02632 LETTER COMPANY E LETTER ......... ........ ................................ ........ . ...................... ..... .......... ................. ............................... ......:`:::::`:::::::,.-`.,. X, ................ ...... ... ............................... X%,---............... ............. ............................... .............. ........... ............................... .............................. ...................................................... ............................. : . .. .... . ...: ..... ............ ............. ft . : ................ ........................................... ....... ... ................................ ..... ..............THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS B GENERAL LIABILITY GENERAL AGGREGATE s2MIL X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. s2MIL CLAIMS MADE FX]OCCUR W 7 D 3 4 7 7 3 8 08/01/97 08/01/98 PERSONAL&ADV.INJURY ........ $1MIL OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE s1MIL FIRE DAMAGE(Any one fire) $50000 MED.E)(PENSE(Anyoneperson) s5000- AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $500000 X HIRED AUTOS CA90 517244 08/01/97 08/01/98 BODILY INJURY NON-OWNED AUTOS (Per accident) $1MIL GARAGE UABIUTY PROPERTY DAMAGE $500000 EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM ...... ...... STATUTORY LIMITS WORKER'S COMPENSATION . ........ AND 3BY00253900 04/01/97 04/01/98 -EACH ACCIDENT $500000 DISEASE—POLICY UMIT $500000 EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE $500000 OTHER DESCRIPTION OF OPERATIONS/LGCATIONSNEHICLES/SPECIAL ITEMS ......................................................................................................... ....... .. .............................................................. ..... .................... ........................................ ..... ............. ............... ................ ............... ................................ .. ... ....... ................................ ................. .............. ... .... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE rown Of Barnstable EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 3uilding Inspector MAIL 15 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 3outh Street LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 4yannis MA 02601 LIABILITY OF ANY IQND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ............................................................... .............................................. . .................................................................... ........... ...... .......... . ...................................................................................................................................................................................................................... ............................................ .. ............... ............ . .............................. .... r i €AIL 1 l 1—, -PG--33 ff" 1242 ice I = -2 kAW Town of Barnstable Zoning Board of Appeals Decision and Notice Beech Leaf island,Inc. Appeal No,1997-131 - Variance Section 3-1,1(5)Bulk Regulations Summary Granted with Conditions Applicant:......................... ........Beech Leaf Island, Inc. Property Address..........................447&473&485 Bay Lane,Centerville, MA Assessor's Maplparcel.................Map 187, Parcel 3-3,3-4,and 3-7 Zoning.,..........................................RD-1 Residential 0-1 Zoning District Groundwater Overlay,;..................AP,Aquifer Protection Overlay District Sackgraund: The property that is the subject of these appeals(Appeal Number 1997-130 and Appeal No, 1997-131) are three lots located off Bay Lane in Centanrille_ A Variance was issued to the entire subdivision in 1995 (Variance No. 1995-83). That Variance was issued to the four remaining lots within an open space division that dates to 1984. The division of tared was accomplished through an Approval Not Required Plan (ANR) for a 7 lot division of land approved in 1984. The Variance was granted due to the fact that the lots all have existing foundations built upon them, Zoning Relief Requested: The applicant did construct one of the homes upon the lots to which the 1995 Variance was granted in 1996. However, when the applicant requested to continue implementing the Variance with a request to the Building Department for construction of two more dwellings in 1997, the Building Department refused the permits citing that the Variance relief had lapsed and the applicant would again have to seek a new variance for the remaining lots. The department was apparently relying upon the fact that a variance if not executed within one year of the date of issue shall expire. The applicant has requested the Board to determine if the Building Commissioner is correct in his interpretation that the Variance originally issued in 1995 did expire(Appeal No., 1997-130). Should the applicant be entitled to a building permit as-of-right-as a continuance in execution of the Variance • In the alternative, if the Board should find that all four homes had to pull a building permit within the one year and that the Variance issued in 1995, has expired through non-continuance or implementation of it, then the applicant has requested the Board reissue the Variance for the remaining throe lots (Appeal No. 1997-131)- Procedural Summary: This appeal was filed at the Town C1ed(s Office and at the Office of the Zoning Board of Appeals on October 17, 1997. A public hearing before the,Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A_ The hearing was opened December 03, 1997, at which time the Board found the grant the variances requested in Appeal no. 1997-131,with conditions_ Board Members hearing this appeal were Ron Jansson, Gail Nightingale, Gene Burman, Torn DeRiemer, and Chairman Emmett Glynn, Attorney Bernard Kilroy represented the petitioner. Attorney Kilroy_ requested and the Board agreed to have these appeals heard together. i Town of Banulable-Zoning Board of Appeals-Derision and Notioe Appeal No. 1997-131 - Beech Leaf Island,Inc. Variance Section 3-1.1(6)Bulk Regulations Hearing Summary: Attorney Kilroy reviewed the memorandum submitted in support of these appeals. He reviewed the history of the lots, the 1984 ANR Plan and the 1985, Special Permit under the Open Space Bylaw. In 1986, Building Permits were issued on all the seven lots an the plan. At that time.the semi-circle driveway and all the septic systems were installed. In 1988, the certificates of compliance were issued from the Board of Health_ On December 18, 1990,a completed home on Lot B was conveyed. On June 6, 1991 a completed home on Lot G was conveyed. And in 1993, Lot E was conveyed. The permits for the remaining lots were revoked by the Building Commissioner. When the applicant applied for new permits, they were denied. At the hearing of the Zoning Board of Appeals regarding that denial, the Building Commissioner's decision was upheld. The current owners were granted a Variance to complete the lots. On August 25, 1996, a Building Permit was issued for Lot D and on October 10. 1996, a completed home was conveyed. On September 26, 1996, a Building Perrnitwas issued for Lot A. On September 18, 1907, the Building Permit for Lot F was denied. Because Building Permits have been denied for parcels 3-3, 3-4 and 3-7, the Applicant is now requesting that decision of the Building Commissioner be overruled. If the Building Commissioner is upheld, then the petitioner is seeking a Variance for the remaining parcels. Mr. IGlroy next cited the Variance conditions pursuant to Chapter 40A, Section 10. Because of the constraints imposed by the Town and the requirements for the maintenance of the open space and the requirement of the circular driveway for the two curb-cuts,these lots are unique. The remaining three lots are affected-they can not relocate any lot lines because of circular driveway and open space regulations. The Building Commissioner explained why he denied these parcels a building permit. In his opinion, the relief granted in the variance was not exercised within one year. There was one variance granted on four lots so he considers it one variance and the requested relief was not exercised in time. Attorney Kilroy is of the opinion that as long as some work was done the relief requested was exercised in time. The Board Members reviewed the fact that the last time the applicant was before the Board, there was concern that only one application was submitted for the separate lots and the fact that only one variance was requested and then granted. It was the Board Member's opinion that the relief must be exercised within the one year period- building permits should have been pulled for all the lots within the time frame- that was not done-the variance has expired. Also,when the variance was granted in 1995, pursuant to Chapter 40A, Section 10,variance conditions were found for each of the lots. The Board was also of the opinion that each lot should be applying for a separate variance. Public Comment, No one spoke in favor or in opposition to this appeal. There are letters in the file from Harold Scherer, Jr. & Patricia C. Scherer, Robert&Nancy Bender, Stewart N. Smith for Smith Realty Trust, and Mr. &Mrs.John V. Smith. They are all supporting the granting of the variance. Findings of Fact: At the Hearing of December 03, 1997, the Board unanimously found the following findings of fact as related to Appeal No. 1997-131: 1. On July 26, 1995, the Chairman of the Zoning Board of Appeals signed the Decision in Appeal Number 1995-83 granting a Variance to Lots 3-4, 3-4. 3-5, and 3-7[on Assessor's Map 1871. This is a matter of public record. 2_ The Applicant properly exercised his rights under the Variance with reference to Lot 3-5 but did not timely exercise his rights under the Variance for Lots 3-3, 3-4, and 3-7. 3. In 1995, when the Zoning Board of Appeals made their decision, the Board (by majority vote)found that all of these lots did, in fact,have Variance conditions under Chapter 40A, Section 10, for uniqueness which warranted the granting of the Variance. 4. There has been no evidence presented to the Zoning Board of Appeals tonight which would indicate that from that time. July 1995 to the present,that those conditions have changed. Accordingly, the same conditions that were found in July 1995, still pertain to the remaining three lots today. 2 „Town of Barnstable-Zoning Buard of Appeals-Decision and Notloe Appeal No. 1997-131 - Beech Leaf Island,Inc. Variance Section 3-1.1(5)Bulk Regulations 5. If the Variance relief far these lots were not granted, especially in view of the fact that one of the lots has been built upon Pursuant to a building permit, which may have been erroneously issued, there would be a significant financial hardship to the Petitioner. Decision: Based upon %a findings apotion was duly made and seconded grant Variances for each of these lots- Lot 3-3, Lot 3-4, and Lot 3-7 subject to the fallowing terms and conditions: 1. There shall be no expansion of the building footprints beyond the existing foundations- 2. All terms and conditions of the Planning Board approval of the lot division, its open space and plan of land shall be adhered to. The Vote was as follows: AYE: Ron dansson, Gail Nightingale, Gene Burman, Tom DeRiemer, and Chairman Emmett Glynn NAY: None Order: Variance Number 1997-131 has been granted with conditions. This decision trust be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made Pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town CI G /rya '1997 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Cleric of the Town of Barnstable, Barnstable County, Massachusetts,hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this '!f day of 00 under the pains and en -�--._ Y p p altles of perjury- 9 C Linda Hutchenrider,Town Clerk 3 a .. ��1:�����,�-'L.vr"'.4� � .L�.-Y Mu-. •—• Av_:1Wo+-.r tnr�-+-'��—._ --.• .. .- 1� 7•-/90 PARz R187 003.003 PAR: R18T 003.004 KEY: 3Z7809 TAX CODE:300 KEY2 327810 TAX CODE3300 d BEECH LEAF ISLAND INC BEECH LEAF ISLAND INC 619 RAIN ST 619 MAIN ST CENTERWILLE MA 02632-9000 CENTERVILLE MA 02652-0000 g; A187 003.007 - ~_— ~' PAR: R187 003_002 PAR: RIOT 003.001 Y: 327$;S TAX CODEt34O KEY: 32779E TAX GODE:300 KEY: 327783 TAX CODE:300 gfECN.LEAf ISLAND INC SMITH, STEWART & MARILYN TR SILVIA, RONALD J I •619 MAIN ST. SNtTH.AEALTY'TRUST SILVIA. FLOYD J TRS CENTERYILLE . HA 02632-0000 459 BAY LN BEECH LEAF LANDING CENTERVILLE MA 02632-0489 619 MAIN ST CENTERYILLE MA 0263E-0000 PAR: R187 002. PAR: R187 003.008 PAR: R187 003.605 KEY: 107574 TAX CODE000 KEY: 3YZ040 TAX C00E:300 "KEY; 327827 TAX CUDE2300 7RYAT• PETER P SHITA* JOHN V 8 BEVERLY H BENDER, ROBERT E & NANCV M X H0us1.ON HERSTEK FAVAT' ' PP BOX 34U 300 CHARLES RIVER ST 360 NEWBURY STREET- 8INGHAMT0U NY 13902--0000 NEEDHAM MA 02192-0000 305TON MA 02115-•0000 PAR: R151 003-006 PAR: R187 004- PAR: R187 057- KEY: 327536 TAX CODE:300 KEY: 101592 TAX CODEt300 KEY: 108092 TAX CODEa30O SCHERER* HAROLD N JR•TR $ BIRDSEV, BARBARA U TR GIOUTIFR• AN4REW F 8 KIN T StHERER.' PATRICIA C TR BRENDA R£ALTY' TRUST 503 BAY, LANE 467 8AY LANE PO BOX 669 CENTERYILLE MA 42632-0000 CENTERVILLE 14A'02632-0000• W BARNSYABLE MA 02668-0000 PAR: R18T 056- PAR: Rt87.055. PAR; R187 058. rET: 108003 TAX CODE:300 KEY: 108074 TAX COOEt300 KEY: 108109. TAX COPE:300 VOLLNANN, HERBERT &' KARR, PAUL J & NANCY 8ESSE,. CHARLOTTE H, TRUSTEX VOLLMANN, PRISCILLA P 0 BOX 1541 19 COVE ISLAND RD ZZ LANDSOOWN RD oukoURY MA 02332-0000 CENTERVILLE RA 02632-0000 ANNANDALE Ni•08801-0040 PAR: 9187 068. PAR: RIOT 067. PAR= R187 064. KEY: 108207.TAX CODE2300 KEY: 108190 TAX C00E:300 KEY: ID9163 TAX C009:300 BUTLER, PATRICK M $ GUT-AN WILLIAMS, ROBERT A. BAFARO, ALFRED C & JOAN C 522 SAY LANE WILLIAHB, SHIRLEY 'A 492 3AY LN CENTERVILLE NA 02632-0000 504 SAY LANE CENTERVILLE 11A 0263E-0000 CENTERVILLE MA 04632-0000 PAR: R187' 077. PAR: R137 073. PAR: R187 065. KSY: 108298 TAX COVF&300 KEY!* 108252 TAX CODE:300 KEY: 10817E TAX CODE:300 NENOLD. RICHARD & MARIE COAKLEY# MART ELIZABETH HAIDAS• ANNE 22 SEECH LEAF IS4ANP RD 8497 QUAIL MEADOW WAY PO BOX 448 CENTERYILLE MA 0263270000 Y PALM BEACH FL 33412-POGO OSTHRVILLE MA 02655-0000 PAR: R187 072. PAR: R187 066. PAR; R186 011. KEY; 108243 TAX C009:300 KEY! 108181 TAX C00E:300 KEY: 107547 TAX CODE:300 FOWLER. PAUL M & SNETLA A JOHNSON, R09CRT H FOWLER, PAUL M 8 SHEILA A 446 BAY LANE JOMNSON, GRACE E 446 BAY LANE ;INTERVILLE MA 0263E-0000 456 BAY LANE CENTERYILLE MA 02632-0000 CENTERVILLE MA 42632-0000 PAR: R196 094. PAR: R186 035. PAR: R186 015.002 KEY: 107486..TAX CODE:3O0 KEY: 107495 TAX CODE:300 KEY: 106708 TAX CODR1300 TERZOPOULOS, CHRISTOS E & KOGAN, FRANCIS E JR& N LEAN GRAHAM* ROLLA R 6 RITA R TERTdPOULOS. BARBARA S 442 GAY LANE 352 CHURCH STREET ATT:HARRLET STONESIFER CENTERYILLE MA 42632-0000 CLINTON $A 01510-0090 155 MITCHELL ST WEST ORANGE NJ 07052-0000 PAR: R196 015.001 KEY: 106091 TAX COUE:300 MACDONALDe MICNAEL•K & MACDONALOP CAMERON M - 420 BAY LANE ' CENTERVILLE MA 0263Z-0000 i 'roof of Publication Town of$arnatabte rZorjng.Board of Appeaiz Notice of Public Hearing Under The ZIDKAng 0r4inattGe for December 03.1997 To all persons interested in,or affected by the Board of Appeals under Sea 11 of Chapter 4(1A of the Generai.Lawe of the C�arranonwrealth of Massachusetts.and air amendments thereto you are hereby notified that- Appeal Number 1997-125 7!30 P-M. Jurrzyk • for Special Permit for a Danuta.Jur'trzyk.hog�ethloned to-the Zoning Board o f''Appears Family Apartment pursuant to Section 3.1.1(3)Q?)of the Zoning Orrllnance-The properly is showncnAsseswesNo01S.Parcel 117 and iscantmo*addressedas361 Popprsnessett Rand.Cotuit,MA in an f1F Residential F Zoning.D(sWGI Number 1997-126 7AS P,M, Lambert I • •• ApP Michael Lambert has patitionad to the Zoning Huard of Appeals for a Special Permit for a Family Apadmant pursuant to Section 3-1.1(3)(D)of the Zoning Ordinance.The property i s shown on Assessor`s Map_078:Parcel 080 and Is cornmonlYaddrsssed as 390 Route 149. Marstans Mills,MA in an•RF-1-Residential F I Zoning 015100t Br00 P.M, • Hostetter - ' Appeal Number 1 W7-127 Daniel Hostetter.Trustee of IEagia Tryst,has appealed the Cctober01.1997 Decision of the Building Commissionerwhich states'theuae of the smallerbuild€ngat 165 WestMain Street, ttyannis,ass two-famil}fis not in compl€anew&h tha Town of BamstabieZoning Ordinance'. The pn9 mr is 8havrrt onAsses�or's Mail289,Parcel30 and is eommonf�r addressed as 165 �ilfmys#Main Street,f#y"eiirnts,MA in an fib Btaln 'at.Dlstr€rt. 8-15 P.M. DeYoung(Rugo/Menr;M9 Appeal Number 1997.128 Phillip DeYoung and Tom Hugo and Dan Manning have applied to the long Board of ; Appeals for a Use Vartanae to Section 3. .1 Principal Permitted Uses to allow the use of a 1 law office in a residential district and chow the use oafs shown this office pursuant r's Map 292,Paget 4S.5(5)5lgnsinResidentiat Districts.The prnpertY rims.MAinanRSResidential6 075 and is commonly addressed as 405 Bearse's Way.Hya Zoning DlstscL 8:30 P,M, f_abana. Appeal Number 11907-129 John Cabana has Petitioned to the Zoning Board of Appeals for a Spacial Permit pursuant to Section 33.6Ci)Conditional ides In the MB Business District The petitioner is seeking to constnicta retail use building Wesigned forsingie twmntoceupe=W)on a Pm existing non- conforming tot.The property is shown an Assessor's Map 311.Parcel 075 and rs commonly addressed as I ST Falmouth Hoed(Route 28).Hyannis.MA is an MB Business District. 8.45 P.M. Basch leaf island.the. - . Appeal Number 1997-130 ioneras defined Beach Deaf Wand.Inc.has appealed thadecision of the Building In a letter dated September 19.t 997.7ha Building Commis Map rc has Pael the petitioner a building permit.The pnLaMea are shown on Assessor's Map 187,Parcels 3-3 and 8�1, commonly addressed 0 447 b 473 Say Lars.Center Alle.MA In an F1D-1 Residential 0-1 76rdng District: of Number 1997-1 31 8;S0 P.M, Beech Leaf island,Inc. APPe Beech Leaf Island.I=hoe appiied to the Zoning Board of Appeals fora Variance to section 3-1.1(6)Bulk Regulations to permit relief fmrn the curmnt minimum lotarea for S Parcels.The properties am shown on Assessor's Map 187,Parcel 3 3.3-4 and 3.7,commonly addmased as 447&473 S 485 Bay Lane.Centerville.MA in an HD-t Residential 0-1 Zoning Distrirat, These Public Hearings will be heJd in the Hearing Room:Second I loor,New Town Hatt 367 Main Street,Ityannie.Massachusetts on Wednesday,December 03. 1987_All ptans and applications may be mewed at the Zoning Board of Appeals Office.Town of Nmstable. Planning Department.230 South Street,Hyannis.MA, EmmettGlynn.Chaim Zoning Board of Appeals The Barnstable Patriot November 13&November 20.1997 r Town of Barnstable Planning Department Staff Report Beech Leaf Island, Inc. Appeal No. 1997-130 - Appeal of the Building Commissioner Appeal No. 1997-131 - Variance Section 3-1.1(5) Bulk Regulations Date: November 26, 1997 To: . d of A k— From: lRobeV. hernig, Director Art Traczyk Principal Planner Applicant:.......................................Beech Leaf Island, Inc. Property Address..........................447&473&485 Bay Lane, Centerville, MA Assessor's Map/Parcel................. Map 187, Parcel 3-3, 3-4,and 3-7 1 Residential D-1 Groundwater Overlay....................AP-Aqu Aquifer rl Protection on Overlay District Filed:Oct. 17, 1997 Hearing:Dec.05, 1997 Decision Due:Jan.23, 1998 Background: The property that is the subject of these appeals are three lots located off Bay Lane in Centerville. As the Board may recall, a Variance was issued to the entire subdivision in 1995 (Variance No. 1995-83). That Variance was issued to the four remaining lots within an open space division that dates to 1984. The division of land was accomplished through an Approval Not Required Plan (ANR)for a 7 lot division of land approved in 1984. The Variance was granted due to the fact that the lots all have existing foundations built upon them. To date, five letters in support have been submitted to the file. Zoning Relief Requested: The applicant did construct one of the homes upon the lots to which the 1995 Variance was granted in 1996. However, when the applicant requested to continue implementing the Variance with a request to the Building Department for construction of two more dwellings in 1997, the Building Department refused the permits citing that the Variance relief had lapsed and the applicant would again have to seek a new variance for the remaining lots. The department was apparently relying upon the fact that a variance if not executed within one year of the date of issue shall expire. A full description and dates are contained within the applicants submittal titled"Nature and Description of Request attached to Appeal No. 1997-130. • The applicant has requested the Board to determine if the Building Commissioner is correct in his interpretation that the Variance originally issued in 1995 did expire(Appeal No., 1997-130). Should the applicant be entitled to a building permit as-of-right-as a continuance in execution of the Variance • In the alternative, if the Board should find that all four homes had to pull a building permit within the one year and that the Variance issued in 1995 has expired through non-continuance or implementation of it, then the applicant has requested the Board reissue the Variance for the remaining three lots (Appeal No. 1997-131). Town of Barnstable-Planning Department-Staff Report Beech Leaf Island, Inc. Appeal No. 1997-130 - Appeal of the Building Commissioner Appeal No. 1997-131 - Variance Section 3-1.1(5)Bulk Regulations Variance: In consideration for the Variance, the Petitioner must substantiate those conditions unique to this lot that justify the granting of the relief being sought. In granting of the Variance the Board must find that: • unique conditions exist that affect the locus but not the zoning district in which it is located, • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and • the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Staff Recommendation: If the Board finds to grant the relief requested, the may wish to consider the following Y Y owing conditions as originally applied to the 1996 Variance: 1. There shall be no expansion of the building footprints beyond the existing foundations. 2. All terms and conditions of the Planning Board approval of the lot division, its open space and plan of land shall be adhered to. Attachments: Applications,Assessor Map,Plan Reduction copies: Petitioner 2 TOWN OF BARNSTABLE Zoning Board of Appeals — Application for other Powers OCT 17 1997 - Date ;Received _ = For office use only: Town clerk office: -" Appeal # /1791'7 Hearing Date /,) -63-`J7 '97 101s 17 P 311 :iI Decision Due The undersigned hereby applies to the Zoning Board of Appeals for the reasons indicated: Applicant Name: 61reCA L--,,A9. ISLALb �-4_AI . Phone S07- 77S-/qY)� Applicant Address: /0AI 's (4+')'E 2vILL:E MA QU Property Location: 4414 itT3 xl� LGRI',1� (,. ,t,176tLVILLr- Mpr This is a request for: [ ] Enforcement Action l Appeal of Administrative officials Decision [ ] Repetitive Petitions pq Appeal from the Zoning Administrator [x] Other General Powers - Please specify: l'LA(4i F*i L.A i)oj or. VAa4Yv4L 17�C.tSj�tU ;,tN1>�L Af AL 11`J5_R.3 Please Provide the Following Information (as applicable)s Property owner: ISL An> yNC. , Phone C0'-77c-Iyya3 Address of owner: CIG ly)411y Js- cEn0TeculjLLG m4 o,63x If applicant differs from owner, ,state nature of interest: Assessors Hap/Parcel Number flP DA2c� l� 3-3 -t 3' Zoning District Groundwater Overlay District A p Which section(H) of the Zoning ordinance and/or of MGL Chapter 40A are you appealing to the Zoning Board of Appeals? A(,I. C. 40R S.& N.� 7 /3 t Existing Level of Development of the Property - Number of Buildings: Fo"A04_T_ioN s Present Dse(s) : `VAC A f•� , Gross Floor Area: sq. ft. s r Application for Other Powers Nature Description of Request: S E A-TA WC-D Attached separate sheet if needed. Is the property located in an Historic District? Yes [ ] No. [� If yes OKH Use Only: Plan Review Number Date Approved Is the building a designated Historic Landmark? Yes [ ] No [� If yes Historic Preservation Department Use Only: Date Approved Has a building permit been applied for? Yes No [] Has the Building Inspector refused a permit? Yes [ No [] Has the property been before site Plan Review? Yes [] No [] For Building Department Use only: Not Required - single Family [] site Plan Review Number Date Approved signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your request: Three (3) copies• of the completed application form,' each with original signatures. Three (3) copies of all attachments as may be required for standing before the Board and for clear understanding of your appeal. The applicant may submit any additional supporting documents to assist the Board in making its determination. signature: Date: Applicant or Agen 's signature: �. Agent's Address: • /?1 P R IVY Ox of Phone: �-OF-77/- IfaJ H yA/v)v)S ►nA, wLgui _ Fax No. ItUc 775 G NATURE AND DESCRIPTION OF REQUEST The applicant was issued a variance by the Board on August 16 , 1995 which was recorded at the Barnstable County Registry of, Deedsfor on August 24 , 1995 in Book 9811, Page 226 , copy TS A, C,D & F on the Beech Leaf Landing Plan, copy attached. The applicant was issued a building permit on August 28 , 1995, copy attached, and an occupancy certificate on October 7, 1996 , copy attached, for LOT D. The applicant was issued a building permit on September 26 , 1996 for LOT A, copy attached, and has substantially completed the dwelling thereon at this time . The applicant submitted an application attafor ched, building permit he Building LOT F on August 28 , 1997, copy Commissioner issued a letter to the Applicant on September 18 , 1997 , copy attached, returning the permit fee and indicating that he is unable to process the building permit application for LOT F (447 Bay Lane, Centerville) . The applicant believes that the hat the variance basis for the CommiXe�oise of decision is t lapsed for lack of e the rights granted thereunder: has The applicant believes that it is entitled to building permits on LOTS F and C under the Variance decision and otherwise and asks that the Building Commissioner' s decision be overruled. See Hogan v. Hayes, 474 NE2d 1158 . Also attached are copies of a portion of Assessors' map 187 showing the affected lots and. a copy of the site plan showing existing improvements on LOT F. Further, under the Board' s inherent power, the applicant requests the Board to modify or clarify its decision decision.der Appeal 1995-83reques by issuing a modification of said ed modification is to show that the true intent of the Board was that the provision contained in its decision n thatot the r l e ,a ut u ho rerlthe zed must be exercised in one year construction and completion of the dwellings on all four lots within one year but only to begin the process on at least one lot within the year and thereafter continue the completion of the dwellings on the remaining lots in a reasonable manner. 09-19-1997 04:02PM FROM 508-771-7626 TO 7757526 P.05 - r axe The Town of Barnstable • �artxerasut. ' e t ,� Safety and Environmental Services 'Faracs" Department of Heal h Building Division 367 1 ain Street, Hyannis MA 02601 Office- 508.790-6227 Ralph Crossen Fax: 508-790-6230 Building,Commissioner September 18, 1997 Ronald J. Silvia Silvia&Silvia Associates 619 Main Street Centerville,MA 02632 2yF1_�' a 47'$a 4y: iiieltfe'rv�i11 '='1 'S2, .f't tyti !. 1 .'� r1 f.:I.:FT.S• �,� '•i• f S f ''r' M�1' 1. l j, Dear We are returning your permit fee of$697.50 s we are unable to process your building permit application for the above referenced lot. Sincerely, Ralph.M.CrosseP Building Commissioner RMC/km TOTAL P.05 Zoning Board of Appeals-Decision and Notice BP:09811-02261*95-08-24 11 :19 #04c:'171 Ap-ial No.1995-83 Beech Leaf Island,Inc. Town of Barnstable - Zoning Board of Appeals Decision and Notice Appeal No. 1995-83 Beech Leaf Island, Inc. Variance to Section 3-1.2 (5) Bulk Regulations -Njmimtm l;�t Are Summary Granted with Conditions Applicant & Owner. Beech Leaf Island, Inc. Address: 447, 465, 473 485 Bay Lane, Centerville, MA ( i Assessor's Map/Parcel: 187/3-3,3 3-5 3-7 Zoning: RD-1 Residen 'al D-1 Zoning District Applicant's Request: Variance to Section 3-1.2 (5) Bulk Regulations for minimum lot area requirements for the remaining four lots of an open space subdivision r Background Information: The application is for variance to Section 3-1.2 5 Bulk Regulations for minimum lot area requirements for the remaining four lots of an open space subdivision. The property is shown on I n Assessor's Map 187, as Parcels 3-3, 3-4, 3-5 and 3-7, and is commonly addressed as 447, 465, 473 and 485 Bay Lane, Centerville, MA in a RD-1 Residential Zoning District. Procedural Summary: +-� This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on May 31, 1995. A public hearing before the Zoning Board of Appeals was duly advertised and W ; notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on 0 1 00; July 12, 1995 at which time the Board found to grant the variance with conditions for all four lots. Board members hearing the appeal were: Ron Jansson, Emmett Glynn, Dexter Bliss, Gene Burman and Chairman Gail Nightingale. This appeal is also related to Appeals No. 1995-81 and 82. All of the appeals were heard together. w i Attorney Baum represented the appeals. He noted that there are four remaining lots in this land division, each with foundation built in 1986.At present,the Building Commissioner revoked the I } previous building permits and denied applications for new permits based on insufficient lot size. The land division was approved in 1984 via an Approval Not Required Plan (ANR)which was recorded in the Registry of Deeds showing 7 lots ranging from 20,000 sq. ft. and 63,000 sq. ft. Litigation problems occurred with the DEQE that were dismissed in August 1991. The protective covenants documents is in the file as Exhibit G. Silvia and Silvia granted an easement in consideration of approval of open space development on October 12 ,1986. Between April 9. —� 1986 through December 1986; foundation permits and building permits were given. Three of the i seven lots were built upon and conveyed to owners, the four remaining lots had foundations and utilities installed. O oo (xj The fatal set of events began in 1991 with the closing of Sentry Bank, the bank that held the developers mortgage,by the FDIC. The RTC was appointed,as receiver and all funding was d frozen as well as the development assets. The land mortgage went one place and the C construction loans went another. They received no cooperation in attempting to obtain releases of unfunded lots. Therefore Beech Leaf then filed bankruptcy on March 23, 1993. This action e--Q was used to in order to get a court release for Lot E. The bankruptcy was dismissed on March r 15, 1995 and Beech Leaf structured a deal with Sun Bank who got the lots releases on April 22, 1995. In May our Building permits were revoked by Mr. Crossen. C�) BP:09t 11-i i22 7 95-138-24 11 :19 4042171 Zoning Board of Appeals-Decision and Notice Appeal No.1995-83 Beech Leaf Island,Inc. The applicant feels they have diligently pursued as reasonably possible completion of the homes _ authorized in the 1986 foundation permits issued. On the issue of diligence; all site work was done. Two homes were done and one was well under way. The utilities were in; the road paved but the bank went under so they finished the home with private funds and used the bankruptcy court to get it released. The effects of a denial of relief is not only financial on the applicant but also on the residents who have already purchased. The town would benefit by taxes and more open space. There are some wetlands on the plan giving the town a shielded development and maintained open space. The variance would allow the development to be built out as per the planning board in 1984. Variance conditions include the shape has become unique. These lots did not arrive there in a vacuum. They have deed restrictions. This unusual shape is unusable for anything else because people have cross rights and restrictions requiring maintenance. The Board requested public comment. Harold Schere spoke to say he was the first owner in this subdivision. It is a very fine development and it seems only practical to owners and developers to allow it to go forward. No one spoke in opposition. Finding of Facts: Based upon the testimony given during the public hearing on this appeal, the Board found the following findings of fact: 1 The property is located in an RD-1 Zoning District and in an AP Aquifer Protection Overlay District. 2 Current zoning requires a minimum of one (1) acre of upland to be buildable as a single family dwelling. 3 The current configuration of lots labeled "A, B, C and F" are all substantially less one half acre. 4 The applicant has obtained the approval of the Town of Barnstable Planning Board for a seven (7) lot division of the land,three of which lots have been developed as single family dwellings.and the four remaining lots are vacant except for foundations and utilities. 5 The foundations were authorized by permits issued in 1986 by the Building Department. 6 Because of the transfer and sales of the three developed lots, the remaining vacant lots have been restricted from being able to be increased in size to meet the current minimum requirements. 7 The petitioner relied on the town boards and departments for approval and has deeded to the town an easement. 8 The petition if unable to develop the remaining lots with foundation would suffer a substantial financial hardship. 9 The condition of the lots, location, configuration, location of foundations and isolation of each lot establishes the requirements under MGL Chapter 40A, Section 10 for uniqueness warranting the granting of variance relief. 10 In granting the relief, it would not be in derogation of the spirit and intent of the Zoning Ordinance nor would it substantially derogate the neighborhood provide all conditions of the Planning Board and the Board of Health are met. The Vote was as follows: AYE: Dexter Bliss, Ron Jansson, Emmett Glynn, and Gene Burman NAY: Chairman Gail Nightingale Decision: Based upon the positive findings a motion was duly made and seconded to grant a the relief requested in Appeal No. 1995-83 as requested with the following conditions: 1. Their shall be no expansion of the building footprints beyond the existing foundations. _ L L Zoning Board of Appeals-Decision and Notice Appeal No.1995.83 Beech Leaf Island,Inc. 2. All terms and conditions of the Planning Board approval of the lot division, its open space _ and plan of land shall be adhered to. The Vote was as follows: AYE: Dexter Bliss, Ron Jansson, Emmett Glynn, and Gene Burman NAY: Chairman Gail Nightingale Chairman Gail Nightingale explained her negative vote by saying she feels Lots A and C could be combined and she does not find variance conditions for those reasons. Order: Variance No 1995-83, has been granted to the remaining four lots with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. Z 6 QS G Nightingale Pairman Date&gned I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office f the Town Clerk. Signed and sealed this day of 19 nder the pains and penalties of perjury. Linda Leppandnn;-Town Cleric t.I A S S. 0 ssor s Office(1st floor) Map Lot Permit# Conservation Office(4th floor) Date Issued Board of Health(3rd floor)(8:30-9:30/1:00-2:00) Fee Engineering Dept.(3rd floor) House#1d 'ay Planning Dept.(1st floor/School Admin.Bldg.) ; N.... e M", .•s Definitive Plan Approved by Planning Board 19 �o w+ TOWN OF BARNSTABLE Building Permit Application Project Street Address 447 Bay Lane (Map 187 Parcel 3.3 Subdivision Lot F) Village Osterville Owner Beech Leaf Island, Inc. Address 619 Main Street, Centerville Telephone (508) 775-1442 Permit Request New Construction (Code 5th Edition) Total 1 Story Area(include 1 story garages&decks) square feet Total 2 Story Area(total of 1st&2nd stories) 3,790 square feet Estimated Project Cost $ 2 2 5,0 0 0.0 0 Zoning District Rd-1 Flood Plain C Water Protection AP Lot Size 16117.2 Grandfathered? Open Space Subdivision Zoning Board of Appeals Authorization Planning Board Special Recorded 8/6/85 Current Use Permit 3/25/85 Proposed Use Single Family Home Construction Type Wood Commercial Residential Single Family Dwelling Type: Single Family X Two Family Multi-Family Age of Existing Structure Basement Type: Finished Historic House N/A Unfinished Concrete Old King's Highway N/A Number of Baths 2.5 No.of Bedrooms 3 Total Room Count(not including baths) 7 First Floor 5 Heat Type and Fuel Gas Hot Air Central Air Yes Fireplaces 1 Garage: Detached Other Detached Structures: Pool Attached 2 Barn None Sheds Other Builder Information Name Ronald J. Silvia Telephone Number (508) 775-1442 Address 619 Main Street License# 016932 HI 101621 Centerville, MA 02632 Home Improvement Contractor# 101621 Worker's Compensation# 3BY00253900 NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. B F I ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATU DATE BUILDING PERMIT D ED FOR THE FOLLOWING REASON(S) TOWN OF BARNSTABLE i BUILDING PERMIT PARCEL ID 181 003 007 GEOBASE ID 32784 ADDRESS 485 BAY LANE PHONE Centerville ZIP LOT A r,.. BLOCK LOT SIZE DBA DEVELOPMENZt DISTRICT CO I PERMIT 18170 DESCRIPTION SINGLE FAMILY DWELLING (SEW.PMT-#86-1234) PERMIT TYPE BUILD TITLE NEW RESIDENTIAL BLDG PMT CONTRACTORS: S I LV--I A, RONALD J. ;� . Department of Health, Safety ARCHITECTS: `5 and Environmental Services . TOTAL FEES: $6.35-917 r- ENE BOND CONSTRUCTION COSTS $205, 150-00 101 SINGLE FAM HOME DETACH XD 1 PRIVATE P OWNER BEECH, LEAF ISLAND INC ADDRESS 619 MAIN ST CENTERVILLE MA BUILD N BY DATE ISSUED 09/26/1996 EXPIRATION DATE j I THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. A BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. Picked Up by Ron Silvia 8/28/95 10:20 a.m. Replaced Plan Dated 1.!�Y 003 00!.) F T n 5/2aVj��j-j�d-a8 w/New 17, Engi-pp Stamped Plan Geiitervl- er s Stani NT IMI+ .1 DUA I?R P214 r T 9.1.07 'LLTNG PEMITT NJ T[If) T I Ylljq, NRVI R.EG/C;01.114 Pr:TIJITT Department of Health, Safety )NTRIAGTORS: (l T \1 I A, and Environmental Services 0C. j*-,-.r\j,j1 p 101 FAII 110fli? C. CT 11 i'I'l 1. BARNSTABUE, MASS. 6.19. Al AD 01'N'.;0 MATV- -0'T J �r� Y]i'1:61;1 1,t X� M.A BUILDING DIVISION T: f1i "T. BY, i. i�.Xlal �RAT FON )VO." THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK 08 ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU_ ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON. INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. 508-790-6227 le i TOWN OF BARNSTABLE ' CERTIFICATE OF OCCUPANCY ?ARCEL ID 187 003 005 GEOBASE ID 32782 WDRESS 465 BAY LANE PHONE Centerville ZIP - �OT D BLOCK LOT SIZE )BA DEVELOPMENT DISTRICT CO ?ERMIT 18453 DESCRIPTION (BUILDING PERMIT N0. 9107) ?ERMIT TYPE BC00 TITLE CERTIFICATE OF OCCUPANCY ,ONTRACTORS: Department of Health, Safety kRCHITECTS: and Environmental Services COTAL FEES: �Im 3OND $.00 "M ;ONSTRUCTION COSTS $.00 753 MISC_ NOT CODED ELSEWHERE * BARNSTABIA f MASS. )WNER BENDER, ROBERT AND NANCY 1639. kDDRESS 465 BAY LANE E� A CENTERV I LLE MA BUIL DMSI N BY DATE ISSUED 10/07/1996 EXPIRATION DATE ... � :;'. )' <''�`G' � 1 I.` .+. ,,� +L ' .SOU J,f +1•'+ � , > a- ._ _ el-flN MEAN:14M W A{T �•'`` a• — ITS- DATSP •/.•qs / -1L....♦. WILL/AN — /F 6L•i.'fl•[ '•• R.SLAT[ ILO TT LOCATION MAP 1 \ N{!•.t•Oe. - S)��" SCAIt. 1'.t,e tl'� REFERENCES: I ]s.l6 ' !•'i, r ZONE RD-1 ASSESSORS MAP oe` �_ s))•�='•e - 7 ASSESSORS LOT 3 ° + �•' !,V 16 t'OO• [ T: 1 20,000 lF. MIM AREA . - ILS' MIN. FRONTAL[ e n 3 LOT •g' o. LOT 'A' �• i 18,497`•S.F.- _ 17,345=s•F ;� W V tt.,7•= N Q .`+Ni ,� /05.00• t N».+=•t7•y N<a:'u: � - SUBDIVISION NAME A '=i+ �� LOT'C + '• __ BEECH LEAF LANDING s 14,730tS.F � o AT SCUDDER BAY ; LOT D_ - J _ \'i>• Vy (:ESN Pt RIYITFR GOMfILtD.ROTA ILAN SY Al \ _ 1� ,LV'{/• DAYTIR {NYE,INL.RICOROaD IN TNt t1 1 N • )>•-T• '' L7C ARNLIADL[Rt O1iTRY OF D[[°1 IN to iT w ' ° qND PLAN SOON{i6.PASt IF. ',y))• [I Jj „° 1 (Pq�NO LOT{MOWN ON THIS►LAN AND N co•s{•n•[ Sl.se ss.w a W �J + 30�670 N l5•]I'.1'i SO.6t'"., t ]� [9 a .' ATE A►IRON tO IN ALLORDANCt W1TN TNl ` E) DItN{TALI R!{ID[NTIAI DtV[LOIV{NT ))•,]• ~y.P l� ♦VO—,ION! OF TNt{ARNtTA{LE SOMING II ' + LOT•E' N>)•`I'(y.w •e+°O, es \ ST•LAW SMALL St FURTM{R SUDOIVID[D. ° 13.775t S.F. _ - �,..� C� APPReVAL uwo{R TMF wseNlswN ceMTReL T TT• N)L{•s0' P !�.C'� : LAW It NDT R.D utR[D. BSC -- a s' BARNSTABLE PLANNING BOARD SD°� >:.l,. „"» �+ t,w ,z / CAPE COD SURVEY .+ ANTS MTL'iD 3.DD. N]s•oe•s0-w '�,e`$•i >°Soo• s. \�'1 .�~ DATi �I rc 3O�S SI_TJROUTE 6A 6l.00' s °° ' - OA+� / '•�'' J�L1•�� � BARNSTABLE VILLAGE.MA 026.90 Nat.`s•!O•w� - LOT•F' �s �--,`tee 3 �•'Dv-wt lT•rn' l- (617)362-OM ? LOT G .� ✓✓ S.F. / O l/ EOSTON SIRNE°'�iOMLtrIL�ATANTsstc. ! I6,974 t 5 F SUAVETM° �'`y � ils t t r•�i 0 >J IS O.. �. ICD4�aCA— TITLE: `�"'• PLAN OF LAND BARNSTABLE, MASS. ..2 ryP (CENTERV/LIE) el PEN SPACE V r,e``• \ �`./ / UPLAND 9Y,3Y6-5.F. - PREPARED FORT ly / WETLAND_ 2b,320-S.F. •{ THIS FLAN WAS PREFAB EO IN CON iORHITY wITM T. ,j/LV/A B S/LV/A _\ I TOTAL AREA nI20.666 t S.F. 0Q. RVLES AND R[CULATIOEA OF THE SSACMUS 6. OtECS OF TN[CO YYONW[ALTM oc A=AS[wcwuc[TTa. ASSOCIATES, INC. y4 t4> 24 DATE PROFESSIONAL LANDrS—R tIO0. ,» SCALE: 1••40• DATE,• MARCH S.19015 >I<Ales vc.iat A.IIP.,RL.N. _ ODOR•sSl IG t{9 G ROf] AREA it4,•6.S.F. CHECK: J.NC. - TME WETLAND INFORMATION SHOWM WAS {,.! AC.: •' COMPILED FROM A RAN DT SAVER t GROSS AR.A-OI{N DRAWN: T.P.C..R.L.N. N Yt, INC.RECORDED IN ILA" tOOR 120.666 4—VT FIELD' oonr=:rn rtv T7 Ac_< .. GAS VALVE D4 / NOTE: \ 28 EXISTING SEPTIC COMPONENT LOCATION r FROM SEPTIC INSTALLER TIES REF: SEWAGE PERMIT No.86-1239. / 26 a I / SEPTIC VEN Y ' 28 \ / - / 9 LAWN �Jy .LO S 77-34'29'E STONE / GG )O / L O T G of 2a 26 DRIVE \\ EXISTING EXISTING e\ LEACH PIT N/17 STEWART SMITH DISTRIBUTIOR TIE N OE •.:'s;,,, b^ / -* RET WALL m a WO r_ BO% °GE' 4,�� \ I / 26 22v` p� LAWN20 ` u<•' L a l EXISTING m r 26 SEPTIC TANK 16 yeti 2811 m14 D O COASTAL OWNDEFINITIO 12 2\ \ \ 11 y 6 3- 11.0 2 ' 16 ' A-5 a + "^ e 3 Sc v \ tio�� �+'�gyck y��Sc► 3° i 3 c_Q ♦ M1 4r C / 6 �Gll .0 .°j• G � to 0 y 1 • ' �4`°� L 0 T F A-3 ' �24 16,239 SF A VEGETATED WETLAND AILv V AND TEST PITS BY 'no ;T, INC. - 10-18-96 \ O - BY BAXTER k NYE, INC. a 10-22-96 A-2\ SITE PLAN 6 0 / 0�p�' / pp. rc d• / AT A A-1 447 BAY LANE S P A C E CENIM'ALLE. MASS. ^ 22 w ry• FOR TO SILVIA do SILY,A. INC .'; ^>•`:�j ,. !1O moo• 11 i �. O REVISED: NOVEMBER 19. 199E °c 2 / TQ�7j� { SCALE: 20' NOV B—SR 7. 1996 - BAXTER k NYE, INC. 26S 0 / 812 MAIN STREET / OSTERVILLE MASS., 02655 (508)-428-9131 r 18 ti / 7. r '•*..7�. 'F�lJ:'.''� .1 ^1i• .� �..,f +A 3• - _ • Y� A n � rL- • • 1 _ "�,b '�' ,'.f �- � � '� r ,ia� - .. r:•' � W,.rY• � i '. fib• � �i • .>1 4*ogE-, .:n 4(COTYI K/q/ cello • seo•9rs9'E E'�OUTiFg T ^.- 12 sv 'r NBZ'4Z06rt \ "23.74EA6 w I - t1 37 4 \ AvM _` ```7j•S4'29-E l38Z8 145. L O r B R SEATED a"I 1 LorA I ! �e>r8,y `•�< C�y,rx�'navty °Csr•� .S, r, I 64uF° `•�),lG/j � 1 R 1 y,a 'IR�� N o c ..�,' hT 1 ,,,„ LOT �B.,D oL o r c IS4 ANp QE F Fir `ff9Jl� g]88 '•'y'- � �`. ` `N)rt9.45 ��1�W 'pq,N>)•J4't .Q �s.�, o. �',�:. 1 L N' `G•`�O ^ PoN a L OT S '�} \ ,� I CERIFY THAT THIS PLAN CONFORMS TO •.•� 4 �T71 pg�C°f bo THE RULES AND REGULATIONS O. THE REGISTERS OF DEEDS. ,'29• r ) �HFb1Y 00 top. 000 72.]2 _ �' •�y a N)) tl04' -------N83.08'30-W ' �` 79•p - BS.00 i O ej A^ THE SUBDIVISION S HOWN IS ThE SAME AS "-�.'=_ 'P� V > O' THAT SHOWN ON A PLAN 8Y BARNSTABLE •' N83'08'30'W SURVEf CONSULTANTS RECORDED IN / \\`• ..�� ` ♦ BOOK 402 PG.78. HIM Po ' o PoN Ivl . °"° BEECH LEAF LANDING ' AT SCUDDER BAY Lor F _ 14m, a o� 51':�. PLAN OF ;-3N� yvT' IN e B A R N S T A B L E (CENTERVLLE) MASS. ;. J / FOR ' !v! = SPACE l,Y , SILVIA 8 SILVIA ASSOC. INC. =y Poll "ors -'UG.2'(9B9 .go J.^. SCALE: "-30' �. 5 u w REV.DEC.17.1990 bASTER 9 NYE.'NC. �• 1' REGISTLRED L!-ND SURVEYORS A 11�• WETLAr;D. EO A:. _ 8 s. Cwll ENGINEERS 1•' AREA OF LOTS•2.C6 AC. •-3 OSTERVILLE,MASS. T OPEN SPACE. 2.•7 AC. TOTAL AREA OF SJ?DIV- �0 J ISION. 5.43 AC. _ 3• WETLpr:DS B�ME: +'Gti:•.A'Cw LINE a -,0•B'Id I WERE IEF'NED BY A P.",FAEVIOUSt 11`., -.R•r RECORG[D P!800'JB(PG.15. . x- 1" ,x • YYR , - - - c !. O 1.40AC ' a38 y. 1, 69^ (,y MAC cl 61 e }.56 i \ ssls Imo' � � \� •a K r i ` `,�6 a6tK 059K / 80-1 80-2 #993 - # Z� s109 r� 1 n 3i l A ¢ + i --- y g' - 6 <' 4 #492 `'�' 79-1 a61K 4K -4 t fp 79 2 N 3- '`` 6.46AC L I 3- mK (r 3-2 75 2 I4ri - ram• ry t �i ~may ( L►� ,y' %i~ J 72. E - k • � L' r I.l OAPAC b� � r 1 3 i �> oni =T�•_ ff` t91 2 k a67K #4u �1 85 .I40 07 8 ' Ac 90 IJIK f ` 16 psi 3 \ aAK a. ti. \ r 88'1 fa 88-2 j _ c ' 151 a4m 15-2 IdOK 87 MAP 187 PARCELS 3-3 3-4 & 3-7 N . BEECH LEAF ISLAND INC. '"- -E SCALE. I11_200— JAB 11-12-97 S . . THE ZONING RELIEF'BWG SOUG:, " NOV 71997 BEEN DETERMINED BY TES 10A- RTOt EORCEMENT OFFIf B1TERA/�PPTRrOPMATE,BEL - - . CIRCUMS .. TOWN OF BARNSTABLE Zoning Board of Appeals Application to Petition for a variance ' For office Use only: Date Received T Appeal # `"!c! _ own Clerk office Hearing Date /a -77 Decision Due The undersigned hereby applies to the Zoning Board of Appeals. for a Variance from the Zoning ordinance, in the manner and for the .reasons hereinafter set forth: Petitioner .Name: Aaea L�A� 1S"Nb ZNC, Phone(5dL 77' - l`q,7_ Petitioner Address: 61Q 1U.1A) .ST CEn/_�EUILk' 1)14 - Property Location: q'0 . • 73 Lf bs 020T LA NC CAN �(u G I rAA Property owner: OeECA LEE L.SLA&r INC- •. , Phone 4504) -77 -1 ri4 Address of owner: 61q MA;N ST, If petitioner differs from owner, state nature of Interest: Number of Years owned: Assessors Map/Parcel Number: )J'7 PA«L-S 3;3y " '4 4-3-7 zoning District: Groundwater overlay District: A e �3'" Variance Requested: ��cTiOv 3-J71 Cite Section & Title of the Zoning ordinance Description of Variance Requested: R�L�£� F�'�' e a0_p_S i t,1-;, j+ nwM td' P,(Lf ,Q ejA .Ni A/ XPIC4- �EVEc�9.m;rT J'� 1,i3 of- A fitSvio;dSL Q t'R f9 3 ✓ orvtu, Ai c;��� Pr„��> (�F����� i�1 �6� �c�c 4soX AFE77. l+ts� 5�E R, Description of the Reason and/or Need for the variance: ow;N,7- 7b 7M5 4A/;Gw sNEii C. TN&- ZOTJ4/m At-1 0 P 5P4cE P-ar/f�(.aA('���u� saGs;nr/r�A� jUF sN,P fly P 'DE✓e�..ornUti� CaKL� /yJ3 4E GorYfarEO AS C2a4�Nta6Ly QKTN4�1LEA �y 7rJ w.�l P�.f,^✓+v�NG / Ac.�. Description of Construction Activity (if applicable) : F,>u A_+ O SE�1� 5yS1 $ AL('.f.A� G4r/SifL1AC��, uNDFfJ- dG.,odL C iLD,ali F'60My, :.Y Gu7s C_ rF .Carr;nu�Ti�N (3 `�;+?QL�1 �L`iE6G�/VG ?p/r701•�iE ON 4,�j JQ i/M•ciy SJ; 0 �tt/LJ�N6 NErr�J Ju a P¢�IM�T (Z0c_r.S6 ggDeL Cymsrn NC, YAr?�A�lGF �dc�sJuN /yS�:- �3. Existing Level of Development of .the Property - Number of Buildings: 6a}tND�ITi�u3,y�'!E N�JEr�� Present Use(s) : �� <_.f�a j Gross Floor Area: N sq.ft. + Proposed Gross Floor'Area to be Added: >yl� Altered: /V1A Is this property subject to any other relief (Variance or special Permit) from the zoning Board of Appeals? Yes p4 No [] If Yes, please list appeal numbers or. applicant's name 1�45-F� (� F�hl LEAF 11�4/J, '�� Application to Petition for a variance tho property within a Historic District? Yes [] No �] i :he property a Designated Landmark? Yes [] No [h] For Historic Department Use Only: Not Applicable [] ORE Plan Review Number Date Approved signature: you applied for a building permit? Yes p(] No [] the Building Inspector refused a permit? Yes No applications fora variance which proposes a change in use, new :truction, reconstruction, alterations or expansion, except for single .wo-family dwellings, will require an approved Site Plan (see section 4- > of the Zoning ordinance) .. That process should be completed prior to fitting this application to the Zoning Board of Appeals. For 'Building Department Use Onlv:_ Not Required [] Site Plan Review Number 'Date Approved Signature: followings information must be submitted with the Petition at the time iling, without such information the Board of Appeals may deny your sst: Three (3) copies of the completed Application Form, each with original signatures. Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. All proposed development activities, .except single and two-family housing development, will require five .(5) copies of a proposed site improvements plan approved by the Site P1an'Review Committee. This plan must show the exact location of all proposed improvements and alterations on the land and to structures. see "Contents of site Plan:" Section 4-7.5 of the Zoning ordinance, for detail requirements. The petitioner may submit any additional supporting documents to assist the Board in making its determination. �. ature: �,r••.q.•�( � Date: Pe ltioner or Agents signature g� t's Address: /7/ /Y,'R�`N ST P�. rok ODU Phone: -y7I-�� °FSME tQ� : . � The Town of Barnstable BABxsTABIZ - 9� ` �4 Department of Health Safety and Environmental Services AtE16 9. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 18, 1997 Ronald J. Silvia Silvia& Silvia Associates 619 Main Street Centerville,MA 02632 RE: 447 Bay Lane,Centerville Dear Mr. Silvia: We are returning your permit fee of$697.50 as we are unable to process your building permit application for the above referenced lot. Sincerely, Ralph M.'Crossen Building Commissioner RMC/km !� �� y i j � �� �� _ ��1��1����. i `( } i. _ �` 1 n T� a Brigham Anna From: Weil Ruth To: Brigham Anna; Crossen Ralph Cc: Smith Robert Subject: FW: Per your request Date: Wednesday, September 17, 1997 9:32AM Attached please find the ZBA decisions on the Beech Leaf Landing lots. The variance decision is found under 95-83. As we discussed,this case raises a very interesting legal issue. Obviously, if this were the situation we initially thought it was, where a separate variance for each of the lots was issued in 1995, there would be no question that the variances had lapsed for the two remaining lots which we understand are not currently built upon. The interesting legal issue is whether the construction of houses on two of the four lots can be considered a sufficient exercise of rights under the variance or whether building permits had to be obtained on all four lots within one year from the date of the grant of the variance to excise the rights thereunder. As Bob indicated to you in the message he left last Friday, under the facts presented above, you clearly have discretion to determine whether or not the variance has lapsed for the two remaining lots. Please do not hesitate to call Bob or me if you want to discuss this further. From: Lavoie Debbra To: Weil Ruth Subject: Per your request Date: Tuesday, September 16, 1997 3:27PM <<File Attachment: D-95-83.DOC»«File Attachment: D-95-82.DOC»«File Attachment: D-95-81.DOC>> 11 a Page 1 f f Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1995-81 Beech Leaf Island, Inc. Appeal of an Administrative Official's Decision Summary Upheld Applicant&Owner: Beech Leaf Island, Inc. Address: 447, 465, 473 and 485 Bay Lane, Centerville, MA Assessor's Map/Parcel: 187/3-3,3-4,3-5 &3-7 Zoning: RD-1 Residential D-1 Zoning District Applicant's Request: Appeal of an Administrative Official's Decision in accordance with MGL Chapter 40A, Sections 7,13 and 15 Background Information: The application is for an Appeal of an Administrative Official's Decision. Beech Leaf Island, Inc. has appealed the May 2, 1995 decision of the Building Commissioner to revoke four previously issued 1986 building permits for the remaining lots of an open space subdivision. The property is shown on Assessor's Map 187, as Parcels 3-3, 3-4, 3-5 and 3-7, and is commonly addressed as 447, 465, 473 and 485 Bay Lane, Centerville, MA in a RD-1 Residential Zoning District. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on May 31, 1995. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on July 12, 1995 at which time the Board found to uphold the Building Commissioner's decision. Board members hearing the appeal were: Ron Jansson, Emmett Glynn, Dexter Bliss, Gene Burman and Chairman Gail Nightingale. This appeal is also related to Appeals No. 1995-82 and 83. All of the appeals were heard together. Attorney Baum represented the appeals. He noted that there are four remaining lots in this land division, each with foundations built in 1986. At present, the Building Commissioner revoked the previous building permits and denied applications for new permits based on insufficient lot size. The land division was approved in 1984 via an Approval Not Required Plan (ANR)which was recorded in the Registry of Deeds showing 7 lots ranging from 20,000 sq. ft. and 63,000 sq. ft. Litigation problems occurred with the DEQE that were dismissed in August 1991. The protective covenants document is in the file as Exhibit G. Sylvia and Sylvia granted an easement in consideration of approval of open space development on October 12 ,1986. Between April 9. 1986 through December 1986; foundation permits and building permits were given. Three of the seven lots were build upon and conveyed to owners, the four remaining lots had foundations and utilities installed. The fatal set of events began in 1991 with the closing of Sentry Bank, the bank that held the developers mortgage, by the FDIC. The RTC was appointed as receiver and all funding was frozen as well as the development assets. The land mortgage went one place and the construction loans went another. They received no cooperation in attempting to obtain releases of unfunded lots. Therefore, Beech Leaf then filed bankruptcy on March 23, 1993. This action was used in order to get a court release for Lot E. The bankruptcy was dismissed on March 15, 1995 and Beech Leaf structured a deal with Sun Bank who got the lots releases on April 22, 1995. In May the Building permits were revoked by Mr. Crossen. a ` Zoning Board of Appeals-Decision and Notice Appeal Number 1995-81 --Beech Leaf Island,Inc. The substance of the legal argument is the Building Commissioner is wrong and the applicant feels they have diligently pursued as reasonably possible, completion of the homes authorized in the 1986 foundation permits issued. On the issue of diligence; all site work was done. Two homes were done and one was well under way. The utilities were in; the road paved but the bank failed therefore they finished the home with private funds and used the bankruptcy court to get it released. The effects of a denial of relief is not only financial on the applicant but also on the residents who have already purchased. The town would benefit by taxes and more open space. There are some wetlands on the plan giving the town a shielded development and maintained open space. Attorney Baum said the open space title has been conveyed in perpetuity for the benefit of the town. The Board requested public comment. Harold Schere spoke to say he was the first owner in this subdivision. It is a very fine development and it seems only practical to owners and developers to allow it to go forward. No one spoke in opposition. Finding of Facts: Based upon the testimony given during the public hearing on this appeal, the Board found the following findings of fact: 1. The lots, as they were created do not now comply with zoning requirements. 2. Any protection that would have been afforded to them has expired. VOTE: AYE: Ron Jansson, Dexter Bliss, Emmett Glynn and Chairman Gail Nightingale NAY: None ABSTAIN: Gene Burman Decision: Based upon the findings a motion was duly made and seconded to sustain the Building Commissioner decision. VOTE: AYE: Gene Burman, Dexter Bliss, Ron Jansson, Emmett Glynn and Chairman.Gail Nightingale NAY: None Order: The Board upholds the decision of the Building Commissioner in revoking of the Building Permits issued in 1986. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. 1995 Gail Nightingale, Chairman Date Signed I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1995 under the pains and penalties of perjury. Linda Leppanen, Town Clerk 2 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1995-82 Beech Leaf Island, Inc. Appeal of an Administrative Official's Decision Summary Upheld Applicant&Owner: Beech Leaf Island, Inc. Address: 465 Bay Lane, Centerville, MA Assessor's Map/Parcel: 187/3-5 Zoning: RD-1 Residential D Zoning District Applicant's Request: Appeal of an Administrative Official's Decision in accordance with MGL Chapter 40A, Sections 7,13 and 15 Background Information: The application is an Appeal of an Administrative Official's Decision. Beech Leaf Island, Inc. has appealed the May 2, 1995 decision of the Building Commissioner to revoke a.previously issued 1986 building permit. The property is shown on Assessor's Map 187, as Parcel, 3-5 and is commonly addressed as 465 Bay Lane, Centerville, MA in a RD-1 Residential Zoning District. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on May 31, 1995. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on July 12, 1995 at which time the Board found to uphold the Building Commissioner decision. Board members hearing the appeal were: Ron Jansson, Emmett Glynn, Dexter Bliss, Gene Burman and Chairman Gail Nightingale. This appeal is also related to Appeals No. 1995-81 and 83. All of the appeals were heard together. Attorney Baum represented the appeals. He noted that there are four remaining lots in this land division, each with foundation built in 1986. At present, the Building Commissioner revoked the previous building permits and denied applications for new permits based on insufficient lot size. The land division was approved in 1984 via an Approval Not Required Plan (ANR)which was recorded in the Registry of Deeds showing 7 lots ranging from 20,000 sq. ft. and 63,000 sq. ft. Litigation problems occurred with the DEQE that were dismissed in August 1991. The protective covenants document is in the file as Exhibit G. Silvia and Silvia granted an easement in consideration of approval of open space development on October 12 ,1986. Between April 9. 1986 through December 1986; foundation permits and building permits were given. Three of the seven lots were built upon and conveyed to owners, the four remaining lots had foundations and utilities installed. The fatal set of events began in 1991 with the closing of Sentry Bank, the bank that held the developers mortgage, by the FDIC. The RTC was appointed as receiver and all funding was frozen as well as the development assets. The land mortgage went one place and the construction loans went another. They received no cooperation in attempting to obtain releases of unfunded lots. Therefore Beech Leaf then filed bankruptcy on March 23, 1993. This action was used in order to get a court release for Lot E. The bankruptcy was dismissed on March 15, 1995 and Beech Leaf structured a deal with Sun Bank who got the lots releases on April 22, 1995. In May the Building permits were revoked by Mr. Crossen. The substance of the legal argument is the Building Commissioner is wrong and the applicant feels they have diligently pursued as reasonably possible, completion of the homes authorized in Zoning Board of Appeals-Decision and Notice Appeal Number 1995-82--Beech Leaf Island, Inc. the 1986 foundation permits issued. On the issue of diligence; all site work was done. Two homes were done and one was well under way. The utilities were in; the road paved but the bank failed therefore they finished the home with private funds and used the bankruptcy court to get it released. The effects of a denial of relief is not only financial on the applicant but also on the residents who have already purchased. The town would benefit by taxes and more open space. There are some wetlands on the plan giving the town a shielded development and maintained open space. Attorney Baum said the open space title has been conveyed in perpetuity for the benefit of the town. The Board requested public comment. Harold Schere spoke to say he was the first owner in this subdivision. It is a very fine development and it seems only practical to owners and developers to allow it to go forward. No one spoke in opposition. Finding of Facts: Based upon the testimony given during the public hearing on this appeal, the Board found the following findings of fact: 1. The lot, as it was created does not comply with today's zoning requirements. 2. Any protection that would have been afforded to the lot has expired. 3. The Building Commissioner acted properly in revoking the 1986 Building Permit. VOTE: AYE: Ron Jansson, Dexter Bliss, Emmett Glynn and Chairman Gail Nightingale NAY: None ABSTAIN: Gene Burman Decision: Based upon the findings a motion was duly made and seconded to uphold the Building Commissioner's decision. VOTE: AYE: Gene Burman, Dexter Bliss, Ron Jansson, Emmett Glynn and Chairman Gail Nightingale NAY: None Order: Appeal No. 1995-82 has upheld the decision of the Building Commissioner to revoke the Building Permit. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. 1995 Gail Nightingale, Chairman Date Signed I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1995 under the pains and penalties of perjury. Linda Leppanen, Town Clerk 2 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1995-83 Beech Leaf Island, Inc. Variance to Section 3-1.2 (5) Bulk Regulations -Minimum Lot Area Summary Granted with Conditions Applicant& Owner: Beech Leaf Island, Inc. Address: 447, 465, 473 and 485 Bay Lane, Centerville, MA Assessor's Map/Parcel: 187/3-3,3-4,3-5 &3-7 Zoning: RD-1 Residential D-1 Zoning District Applicant's Request: Variance to Section 3-1.2 (5) Bulk Regulations for minimum lot area requirements for the remaining four lots of an open space subdivision Background Information: The application is for variance to Section 3-1.2 (5) Bulk Regulations for minimum lot area requirements for the remaining four lots of an open space subdivision. The property is shown on Assessor's Map 187, as Parcels 3-3, 3-4, 3-5 and 3-7, and is commonly addressed as 447, 465, 473 and 485 Bay Lane, Centerville, MA in a RD-1 Residential Zoning District. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on May 31, 1995. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on July 12, 1995 at which time the Board found to grant the variance with conditions for all four lots. Board members hearing the appeal were: Ron Jansson, Emmett Glynn, Dexter Bliss, Gene Burman and Chairman Gail Nightingale. This appeal is also related to Appeals No. 1995-81 and 82. All of the appeals were heard together. Attorney Baum represented the appeals. He noted that there are four remaining lots in this land division, each with foundations built in 1986. At present, the Building Commissioner revoked the previous building permits and denied applications for new permits based on insufficient lot size. The land division was approved in 1984 via an Approval Not Required Plan (ANR)which was recorded in the Registry of Deeds showing 7 lots ranging from 20,000 sq. ft. and 63,000 sq. ft. Litigation problems occurred with the DEQE that were dismissed in August 1991. The protective covenants document is in the file as Exhibit G. Sylvia and Sylvia granted an easement in consideration of approval of open space development on October 12 ,1986. Between April 9. 1986 through December 1986; foundation permits and building permits were given. Three of the seven lots were build upon and conveyed to owners, the four remaining lots had foundations and utilities installed. The fatal set of events began in 1991 with the closing of Sentry Bank, the bank that held the developers mortgage, by the FDIC. The RTC was appointed as receiver and all funding was frozen as well as the development assets. The land mortgage went one place and the construction loans went another. They received no cooperation in attempting to obtain releases of unfunded lots. Therefore Beech Leaf then filed bankruptcy on March 23, 1993. This action was used to in order to get a court release for Lot E. The bankruptcy was dismissed on March 15, 1995 and Beech Leaf structured a deal with Sun Bank who got the lots releases on April 22, 1995. In May the Building permits were revoked by Mr. Crossen. k 3 - Zoning Board of Appeals-Decision and Notice Appeal No. 1995-83 Beech Leaf Island,Inc. The applicant feels they have diligently pursued as reasonably possible, completion of the homes authorized in the 1986 foundation permits issued. On the issue of diligence; all site work was done. Two homes were done and one was well under way. The utilities were in; the road paved but the bank failed therefore they finished the home with private funds and used the bankruptcy court to get it released. The effects of a denial of relief is not only financial on the applicant but also on the residents who have already purchased. The town would benefit by taxes and more open space. There are some wetlands on the plan giving the town a shielded development and maintained open space. The variance would allow the development to be build out as per the Planning Board of 1984. Variance conditions include the shape which has become unique. These lots did not arrive there in a vacuum. They have deed restrictions. This unusual shape is unusable for anything else because people have cross rights and restrictions requiring maintenance. The Board requested public comment. Harold Schere spoke to say he was the first owner in this subdivision. It is a very fine development and it seems only practical to owners and developers to allow it to go forward. No one spoke in opposition. Finding of Facts: Based upon the testimony given during the public hearing on this appeal, the Board found the following findings of fact: 1 The property is located in an RD-1 Zoning District and in an AP Aquifer Protection Overlay District. 2 Current zoning requires a minimum of one (1)acre of upland to be buildable as a single family dwelling. 3 The current configuration of lots labeled "A, B, C and F" are all substantially less one half acre. 4 The applicant has obtained the approval of the Town of Barnstable Planning Board for a seven (7) lot division of the land, three of which lots have been developed as single family dwellings and the four remaining lots are vacant except for foundations and utilities. 5 The foundations were authorized by permits issued in 1986 by the Building Department. 6 Because of the transfer and sales of the three developed lots, the remaining vacant lots have been restricted from being able to be increased in size to meet the current minimum requirements. 7 The petitioner relied on the town boards and departments for approval and has deeded to the town an easement. 8 The petitioner, if unable to develop the remaining lots which have foundations, would suffer a substantial financial hardship. 9 The condition of the lots, location, configuration, location of foundations and isolation of each lot establishes the requirements under MGL Chapter 40A, Section 10 for uniqueness warranting the granting of variance relief. 10 In granting the relief, it would not be in derogation of the spirit and intent of the Zoning Ordinance nor would it substantially be detrimental to the neighborhood provided all conditions of the Planning Board and the Board of Health are met. The Vote was as follows: AYE: Dexter Bliss, Ron Jansson, Emmett Glynn, and Gene Burman NAY: Chairman Gail Nightingale 2 Zoning Board of Appeals-Decision and Notice Appeal No. 1995-83 Beech Leaf Island, Inc. Decision: Based upon the positive findings a motion was duly made and seconded to grant a the relief requested in Appeal No. 1995-83 as requested with the following conditions: 1. Their shall be no expansion of the building footprints beyond the existing foundations. 2. All terms and conditions of the Planning Board approval of the lot division, its open space and plan of land shall be adhered to. The Vote was as follows: AYE: Dexter Bliss, Ron Jansson, Emmett Glynn, and Gene Burman NAY: Chairman Gail Nightingale Order: Variance No 1995-83, has been granted to the reaming four lots with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. Gail Nightingale, Chairman Date Signed I Linda Leppanen, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 19 under the pains and penalties of perjury. Linda Leppanen, Town Clerk 3 I f 4 �� , �� �� TOWN OF BARNSTABLE, MASS,ACHUSETTS d- &=0 r aylo■ 0 DATE) },9 86 �Y yi t APPLICANT �r�� �:'� A ADDRESS R'� 'AR J iv 5i+3' NUMBER OF �I 016931 hq A r°` I PERMIT T0' ( TORY WELIING'UNITS —ilEfl2 # ' - nZONING = r p.6T A7 (LOCATION) t CT t1c r DISTRi NO ISTREE J { a h 1 BETWEEN ' -' AND . 7r �i��Ci a (CROSS.SREET), (CROSS STREET). , ° LOT tx n �Z- SUBDIV1510N LOT BLOCK SIZE: r 1 BUILDING IS TO BE' FT WIDE BY FT LONG BY FT IN HEIGHT;AND SHALL CONFORM IN'CONSTRUCTION S a To BYRE USE GROUP BASEMENT WALLS OR FOUNDATION ! IT.YPE) t�� i REMARKS QaT,y+a rra ri 7 a o rk ti r������ 1 'PERMIT AREA OR ESTIMATEq COST FEE ����— i it VOLUME ` t UB UA TAT [{ wt.l s �•,'. r .troy.. :r OWNER ,: • -f BUILDING DEPT h � LAODRE55 BY scyN.� r / n i _0 !• .2'r r n r r rs' -4.2.< ,•:; a J '} + y r r r �� n gp l'k� ` [ + �',�` }' J f 9n y ' r,:v:�i y5'"" u fls•i J, yt, ;,:.w r, �F:t _Atd°L'�"rlya t.:: f ..•t , <_f r Irr I ' x` i `I , l dFTME tad - - The Town of Barnstable BARMABU, A& ��t Department of Health Safety and Environmental Services 5" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralrh Crocse., May 2, 1995 Mr. Floyd Silvia Silvia and Silvia 619 Main Street Centerville, MA 02632 Re: Previously issued building permits on Bay Lane, Centerville Dear W. Silvia: Please be advised that the following building permits are considered revoked due to not diligently pursuing the construction authorized by the building permits issued in 1986.` 1. Lot"A", 485 Bay Lane, Centerville, Permit#30309, dated 12/18/86 / 9 7 �� ° a7 2. Lot"C", 473 Bay Lane, Centerville, Permit#30307, dated 9/18/86 7^ C, 0 3. Lot"D", 465 Bay Lane, Centerville Permit#30308 dated 12/18/86 19� _ D� ' a0 , � 4. Lot"F', 447 Bay Lane, Centerville, Permit#30305, dated 12/18/86 If you wish to resume construction on these lots, you must file for new permits with new supporting documentation. Please call us if we can help. Sincerely, Ralph M. Crossen Building Commissioner RMC/km cc: Attorney Robert Baum CERTIFIED MAIL P 015 496 621 R.R.R. y �3 -tOPERTY ADDRESS ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED CSTATE LASS I PCS I NBHD KEY NO. LAND/OTHER FEATURES DESCRIPTION i ADJUSTMENT FACTORS Ty UNIT ADJ'D.UNIT Land By/Date Sae Dimen,�on LOC./YR.sPEc.CLASS ADJ. COND. PE PRICE PRICE ACRES/UNITS VALUE Description BECH 'LEAF ISLAND. INC MAP— co. FF-De In/Acres #LAND 1 129,600 CARDS IN ACCOUNT 10 18LDG.SIT . 1 : x .3 A-15 A=155' 186 80999.9S 350324.9 .37 129600 #OTHER FEATURE 1 : ° 10.100 01 OF 01 + #DL:•LOT F COST 139700 FOUNDATION: U ' A x B= 100 1.0f 10085.5 1:00 10100 F #PL 447 BAY LANE MARKET 28500 *RE—SUB FY87 INCOME A #RR 0084 . USE D APPRAISED'VALUE JI A. 139,700 U PARC£L` SUMMARY 4 S LAND 129600 t T1 0—IMPS '10100 M TOTAL 139700 N N CNST DEED REFERENCE1 Type DATE Recorded PRIOR . Y E A R VALUE T Book Page MO In., . Yr.D Sale .Price LAND '129600 S 8081/092 v06/92 'B 100 BLDGS 10100 5073/126 UC5/86 6 149250 TOTAL 139700 4383/242 U01/85 8 149250 BUILDING PERMIT *FOUND ONLY'1/89 Number Daie rype Amoum. N/C"1/9 3 0 �... LAND LAND—ADJ . INC ME SE SP—BLDS FEATURE BLD—ADJ UNITS 129600. 101:0 830305. 12/86 ND 200000 LND•ADJ�FORiYIEY Class Co its Total Base Rate Adj.Rate Year Built Age Norm. Obsv. CND. L... %R.G. Rapt.Cost New Ad.Repl.Value glories Haight Rooms Rms Betha /FiR. Part Units Units Actual EII. Dapr. O.b%: 1 9 ywall F Units Description Rate Square Feet Repl,Cost MKT.INDEX: IMP.BY/DATE: / , SCALE: ELEMENTS CODE CONSTRUCTION DETAIL ---------------- -------------------------- I ___ ______________________ ---------------- -------------------------- ___ ---------------- -------------------------- ---------------- -------------------------- t. ___ ______________________ D Total Areas Aux Base _______________ ___ ______________________ = T BUILDING DIMENSIONS ----------------- -------------------------- A --------------- --- ---------------------- L NEIGHBORHOOD' 43AB CENTERVILLE 'LAND 'TOTAL' `MARKET PARCEL, : 129600 r139700 . AREA `,21467t e., VARIANCE +0'. ' .+0 STANDARD 20 TOPOGRAPHY':- *iTOPOGRAPHY, t *:;,UTILITIES n*"'UTILITIES UTIL' ITIES. ST FEATURE : * .STIFEATURE ` * STt:FEATUREI * STD-COND *:TRAFF,IE: D41ELL;L'OC.: *:LOCATION= * AMENITIES * AMENITIES " *'NUISANCES NUISANCES �/� .. ��✓.3... SEPTIC SYSTEM MUSS' THE INSTALLED IN COMPLI Ass'essor's map and lot'number. .. . ... ..... . Sewage Permit number ...........�:....p.... .:.(. .. �. . WITH TITLE ENVIRONMENTAL COX House number ............. '7....... . ...:.................:........ TOWN 3 E ' 7L �(I$ d�!: 039.A,\e�� V� OwpY TOWN OF -BARNSTABLE CAI �} BUILDING INSPECTOR APPLICATION FOR PERMIT TO .... F........./C!¢ 1... ...................................... ................................ TYPE OF CONSTRUCTION ....... GAD..... ... ..................................:............................................ . � / ........19.X TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies fora permit according to the following information:. Location /_.07 ..�.............1, .Z.11... ...............4,01--................................................................................................. ProposedUse ...._//. .A............. ...��. ?/.. ..........................................................................................................:...... d ZoningDistrict ..../.li,P..... .................................................Fire District .... ........................................................ Name of Owner .... .J./..v.4.......Address ...�Z�........ .........f.......�4' ................. Nameof Builder ....................................................................Address .................................... Nameof Architect ..................................................................Address .................................................................................... Numberof Rooms ... ............................................................. ................................................................................. Exterior o.............................................................Roofing .. :�' r7�. .. ......�................................................... Floors ..... .. ..Interior ..��El�-7 9 L/�......................................................... . .................................... ` .....::Heating ...041...................................... Plumbing G .....-..: 7-A Y,66/ Fireplace ..................................................................................Approximate Cost ...l ..4.f1 ................ [?-r1.......... ... . Definitive Plan Approved b PlanningBoard __s_ _ �_____________19 Area ���® Diagram of Lot and Building with Dimensions/ Fee /I �.. �v SUBJECT TO APPROVAL OF BOARD OF HEALTH � C3E.o2vri'�S 2= 1�07 [ .1A OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ...... ............................................................... a CcnStruction Supervisor's License ........... S--"J'JVIA & SILVIA ASSOC. -333 No : Permit for ...2 t o.ry............ .........siagig...Eam iI.Y.-D.We-Ulng............ Lane Location ....Lot...#.F.........4.4.7...B.ay.. Centerville ................. ............................................................. Owner ....................................................................Silvia & Silvia Assoc . Type of Construction ...Frame.......................... .. .. ....... ............................................................ ................... Plot ................. Lot ................................ .. Permit Granted ...... December18,jq 86 .................. ............ Date of Inspection ....................................19 Date Completed ..................:-19 qr FILE NO. 85-6 THE tp` `0 i IDAR13TAIM i rua �p 659. \� �o r�Y�• Order of Conditions TOWN OF BARNSTABLE WETLANDS PROTECTION BY-LAW, Ch. 3, Article XXVII FROM: BARNSTABLE CONSERVATION COMMISSION To Silvia and Silvia Associates, Inc. Same (Name of Applicant) (Name of property owner) 619 Main Street Address Centerville, MA 02632 Address This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) by certified mail, return receipt requested on April 9, 1985 (date) This project is located at Bay Lane (Lot F, Beech Leaf Landing at Scudder Bay) , Centerville j Barnstable Assessor's Map # 187 Lot 3 >> The property is recorded at the Registry of Deeds in Barnstable Book 4383 page 235, 240, 242 i Certificate (if registered) Notice of Intent dated March 3.1,,_1985 Date of Hearing_March 9-, 1 985 This Order is issued on April 9, 1985 Findings The Barnstable Conservation Commission has reviewed the above-referenced Notice of Intent and plans and has . held a public hearing:on the project. Based on the information available to the Barnstable Conservation Com- mission at this time,the Barnstable Conservation Commission has determined that the area on which the proposed work is to be done is significant to the following interests under Article 27 of the Town of Barnstable by-law: D Public water supply X1 .Storm damage prevention XX Erosion Control � ❑ Private water supply n Prevention of pollution )LX Wildlife ® Ground water supply ❑ Land containing shellfish ❑ Recreational (3 Flood control ❑ Fisheries ❑ Aesthetic t f' Therefore, the Barnstable Conservation Committee hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those interests checked above.: The Barnstable Conservation Committee orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL: CONDITIONS 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order.. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state•or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act: or (b) the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash,refuse, rubbish or debris, including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or,if such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land , Court for the district in which the land is located, within the chain of title of the affected property. In the :case of recorded land, the Final Order shall also be noted.in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the Barnstable Conservation Commissic: on the form at the end of this Order prior to commencement of the work. N/A 9. A sign shall be displayed at the site not less than two-square feet or more than three square feet in size bear- ing the words, "Massachusetts Department of Environmental Quality. Engineering. File Number N/A 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue'a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hear- ings before the Department. l 1.'.Immediately following completion. the project shall be certified to be as per these conditions and plans, in writing, to the Barnstable Conservation Commission by the project engineer who shall be registered in the state of Mass: 12. 'Upon certification by the project Pngi nPPr , the applicant shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satisfactorily completed.. 13. Prior to any work being done at the site, all legal advertising bills incurred by the petitioner in relation to the Wetlands Hearing held on this project shall be paid. 14. The Barnstable Conservation Commission or Conservation Officer shall be notified no more than two weeks nor less.than two days prior to the commencement of work, and have the authority to issue an Enforcement Order if the terms or intent of this Order are not complied with. -15. It is the applicant''&responsibility to provide all contractors with a copy of this Order and.to ensure that all workers are informed of the conditions of this Order before they begin work at the site. 16. The work shall conform to the following plans and special conditions: PLANS: Title Dated Signed and Stamped by: On File with: Lot F Commission Preliminary Site Plan March 11, 1985 C. Frank Whiting, R.L.S. Barnstable Conservation Sewage Disposal System Jan. 24, 1985 Stephen Wilson, P.E. Profile Key Sheet Design March 11, 1985 C. Frank Whiting, R.L.S. Special Conditions (Use additional paper if necessary) 1. There shall be no stockpiling of fill or excavated material..between. the building and the wetland. 2. Prior to the start of work at the. site; a .double row of staked haybales shall-be' placed at .the work limit/lot line, and these shall be maintained throughout construction. There shall be no disturbance of the'. site .within 35 feet of the edge of the wetland; that area shall be. left in its natural condition. Any area disturbed within 35 feet of the wetland shall be revegetated with .indigenous shrubs spaced three to four feet on center Unkberry, bayberry, high bush blueberry, clethra, etc.) . 3. The driveway for the residence shall be constructed of gravel or other pervious material. 4. Dry wells shall be installed to handle roof runoff. 5.. All disturbed areas shall be .revegetated immediately-following completion of work at the site. No area shall be left unvegetated or unmulched for -more than 60 days. 6. The site shall be inspected by the .Conservation Commission in June 1986. Prior to June 1, 1986, . the project engineer shall stake out the limit of the. vegetated buffer ,as required by Special Condition 2, above. Any areas that have not been re-established with indigenous vegetation within these areas shall be -replanted with indigenous shrubbery prior to September 15, 1986. 7. This approval is contingent upon Board of Health approval of the.proposed on-site sewage disposal system. ..........................................................................'Leave Space Blank).......................................................................... II 1. Issued By Barnstable Conservation Commission Signatur s This Order must be signed by a majority of the Conservation Commission On this 9th day of April 1985 , before me personally appeared Gilbert bert Newton , to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed November 28 1991 otay My commission expires The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed wo rk is to be do ne ne or any ten residents of the cityor town in which such land is located are herebynotified. f o their right to request the Department of Environmental Quality Engineering to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the.Department within ten days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach n t o Dotted Lice and Submit to the Issuer of this Order Prior to Commencement of Work. To Barnstable Conservation Commission(Issuing Authority) PLEASE BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PROJECT AT FILE NUMBER , HAS BEEN RECORDED AT THE REGISTRY OF ON (DATE) If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signed Applicant To D Time ete WHILE YOU WERE OUT M tAJC- � of Phone —7 2 / — 6 �6�y Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Messeg Operator 011hAMPAD 23-021-200 SETS EFFICIENCYe 23-421-400 SETS CARBONLESS ER187 003- 001 .I POSTED PAYMENTS ENXT1 E 3277831 TYPE REAS/CNCL PAID POSTED —RECEIPT-- AMOUNT PAID INT/DISC APPLID TAX YEAR = 19971 BILLING GROUP = 11 ROL.L. NO. = 148361 I....AST ACTION = 1 TOTAL TAXES DUE = 427. 04 1 OUTSTANDING BALANCE _ .00 1 D 9 05/30/97 06/30/97 99 90000001, 438. 59 11 . 55 427.04 CONSOLIDATION *F 1 053097 053097 53 'f....f 438.59 11 . 55 TAX YEAR = 19963 3 BILLING GROUP = 11 ROLL. NW - 148201 LAST ACTION = 1 TOTAL TAXES DUE = 410. 14 1 OUTSTANDING BALANCE - . 00 1 D 9 05/28/96 06/=c0/97 99 90000001, 436. 58 1 0 44 41 a 14 CONSOLIDATION *D 1. 052296 052396 t?6 51 =:7 428. 7Z 18. 44 TAX YEAR = 19953 BILLING GROUP == 13 ROLL_ NO. = 148751 LAST ACTION = T 1 TOTAL_ TAXES DUE = oo 1 bUTS"i ANDING BALANCE = .00 3 TAX YEAR -= 19943 BILLING GROUP = 1:i ROLL NO. LAST ACTION = T1 TOTAL_ TAXES DUE = . 00 1 OUTSTANDING BALANCE = .00 0 :1 7. I ER187 003. 001 1 POSTED PAYMENTS ENXTI E 327783:1 TYPE REAS/CNCL PAID POSTED -RECEIPT-- AMOUNT PAID INT/DISC APPLIED TAX YEAR = 19931 BILLING GROUP = 11 ROLL NO. = 153341 LAST ACTION = TI TOTAL TAXES DUE = . 00 1 OUTSTANDING BALANCE =: . 00 1 TAX YEAR = 19921 BILLING GROUP = 11 ROLL NO. = 153883 LAST ACTION = TI TOTAL TAXES DUE = . 00 1 OUTSTANDING BALANCE = . 00 1 TAX YEAR = 19911 BILLING GROUP = 11 ROLL NO. = 157141 LAST ACTION = I TOTAL TAXES DUE = 452. 74 1 OUTSTANDING BALANCE = . 00 1 D 5� 10/02/92 06/30/93 99 90000001 512. 09 59. 35 452. 74 CONSOLIDATION *D1 100292 101992 51 11 53. 02 INT INCL $5. 00 DEM FEE *11 121890 121990 51 35 222. 70 6. 33 TAX YEAR = 19901 BILLING GROUP = 11 ROLL NO. = 100156011 LAST ACTION = I TOTAL TAXES DUE = 404. 08 1 OUTSTANDING BALANCE . 00 1 D 9 12/18/90 06/30/92 99 90000001 460. 54 56. 46 404. 0:-=: CONSOLIDATION *D1. 121890 122490 5D 5 460. 54 56. 46, I 1 I �� a9-10-1997 02:31PM FROM 502-771-7626 TO 7906230 P.01 SIL VIA a& SIL VIA A SStOCIA TES, INC. 619 Main Street Centerville, MA 02632 Telephone (508) 775-1442 Fox (508) 771-7626 rAX 41 JL TRANSMITTAL Date: September 10, 1997 xo: Kathy Maloney From: Ronald J. Silvia Fax #: 790-6230 Pages to Follow: 5 1 am sending the following information related to the Building Pernut request for Lot F, Bay Lane: Deed of Open Space - Book 6110, Page 152 Easement of Town of Barnstable - Book 6110, Page 1.24 In addition, information about the trust can be found in Book 6110, Page 128 (I dropped a copy of this off for Jackie in the Planning Department late last week). Hopefully this is all the information required to get the Building Permit. if you have any questions or need any additional information, please contact Attorney Laurie Warren at 771-•6900. Finally, I would appreciate it if,you would cal], my office when the Permit is ready. Thanks Ron Please call (508) 775-1442 if all pages are not received or transmission is unreadable. 09-10-1997 02:.31PM FROM 509-771-7S26 TO 7908230 P.02 oau��iidPff '52 I ri �areXaa,jr� a *1,;1V1A AND Massachuset4z coe SrLVYA A55®CIATES, IMGORPGRATEri, p+xati4n h®ving its erihcipaX place et bu�iflesa at 039 A�alq S"L$8 Centelrvill8, �asffia4buscotCg 1 i A2G3dp izi oansidaratiern of Dist IEt.001 bOLLAR E Y;ONAY.t1 J. SYbYdlb and ELOyD S. 51LVVk, TzuSte�Dofd$B Cr L te ? fiZ LANDING AT SCUDMR.BAY TRUST, uaider a 27ealarat,i,tyn Ot TrUet f!f! dated KLY 2.1, ISM and rccordea with the Barnstable county z ® i Regi±ery of Seadt tKZewlth, with OVITMJ+,tM the lad 81t6�stCd tAsxcan in aarastable W aC Barnstable �:ou:1ty Masseehuset"' dell hated 3s c�nCezville7�� j a plan of Iant1 Tatltled "Kan cf chid �n Space', '.' (CCfMKRV2LLE), Prepared for Silvia and SilviaaxAAssociacos, Inc., Scale VI 4r', Md2ch S, 3Ad5, Cape Gad sarvm i Consultants,'. which plan is duly xccordQd with Barnstable f Co.:nty RCAistay of X.oeds in Plat Book ant, page 78. f d Said lard is subject cc the right og way l5 foet wide, d�ppzaximately as x�ewn oA is flan irc9ardec$ iws Ilan Back 399, v Phagew68, for the bttcfit of Florence W. unge n Pl to and from z d and of said plarenae W. ytjnq�rnlan and Bay an, ww� Sa1d Zanfl is subject to such rights as may existn the c £ GitcA, aPAtoxifg8".exy as ahawn on Cho. PiBn terrrded in Flap ,i IBoOk 349, Page F8_ f y i w Said X3d at subject to the z,ights of the Dub3ic ih fl3d W u 60dre Pond. also know:l as SCudde2' Lay. ` ' a § .aid .1417d is S4bject to Che provisions of tt•.c Open 1 F space Restriction - Eas maftz to, the Town of aes statae, a may 12, 198i, recorded ftarcNvith, � Said land �' t dCreral I.,aua, i.�'� aubyCct to a� t?cdoa• under Massactu,setts 198'�, $G ha8ter 130, Sc_tigr, 105. dated OCtobar 7, P Deeds 1n Pooke3156, Pagded e 2thc(Set �County Registry qg ! I s� �. S40 land is rubjcret to a s S f Cant3ltionx, dated May 3, "85, and recorded wtth sarrlat,% of j Decda in Boni, 4322. $49C 0R4. la= n;t0w US{r� �lti cls.t� � • Said land is subJcct to 8n CTdar e£ J"y 23, 1946 a andj tiaraC dated 5281, Page iG6, as Cx�ndCd by Deeds q Book Y d7, rccorwc� x W?tcnt dated DocYyMbQr 39, An'Tsaoi( 4090, p.esXc dgg, d�nstablc Deeds. ►aes,er,s� • ..e,aMesr ar.w � „� o�rcwnuc...male 9 ' ;y? i 1• .1•v i ..... .�,,. I � �� 1--•r fry f �L1 ry a 09-1a-1997 02:32PM FROM 509-771-7525 TO 799E.2.30 P.03 •' � i 4 r Par title, '800 deeHe ra4ordad -ith ea.rnstable Deeda 1.A f 1 Book 4163, Page 235, 'Book -5973, P*4e 174, and abok $073, pa � r I is b For coirpazne duthQrity, see j"tr%m at recorded 1,4 Hoak Ne63, P"o :7,t IN WxTVBRf WNsR40p ! j tbC sa;d SILVZA AND 3zxVZA 11 Asaaeia ts, i R pA7en tees CmuAeQ iCs s xr rae* seal to be '`w tearcto affixed anal ti•.caa PrCSet%%S to be signed, acknowledged f g. a»d tAW7.W"d to t,t$ nasc and bchatf by FL" J. 91LVIA, its ,. Treasurer, 'h"cto duly autJke; Eft, MIS twenty-second day of :i JduluasX. 1968. SILVZA AND SZLVIA M*OCXAYTES, I NCO"OAATLD BY, �/ ^rDIW�ALTI� OF P9A�SACFIVSE�'i'S ; 8a�rostaa��e, ss Jehuary 22, i9a$ i ;r d Than Personally aFPeared the above bmwd IrLazo J. sTLVz�, "km-+lodged the foregoinl 9. tr',geat tc be h•r ,: Cis* Exec act drv3 44*4 of SILVZA AND s2IXIA ASSCCIAT6B, y A s INCOMORATED, be Yoye me. l Not aLy 9ub1 ' y' �' CCaM1ie81ora Expires: 10/12t90 k •i �nm�.n l.w • e��ro..u.ielRMtl .� N •J'�'w+VW��Yt..9 .ww.aeem.s , • ills - r • r I ' 1 c° ' 3 a9-1a-1997 02:33PM FROM 5OB-771-762n TO 79062.30 P.04 OPEN $FAGS s�SaiRTtxYOK - EASEFt£MT �/:��$t x ;,, `�s :i ago 3 TLv:t asS!?^T,il'x',s .orp, L13C3 vr;Lh a u-3ua: 1'1 or yusr 1r.sa� L blg Jin 5 r B 4:r4ea..,h�tszL, t^e C, enCry�v::.a, Y' �'•„ r : t The Granca 7H4 TO t:F- 9A9l}s;a3}.7. ^,� i HYarirt_3, MA 02!iQ± r 367 n iS S�.^@t•i;, ai,d ;: e t gnu prumi,ac:i ar,� C. i ;Led en aa3 an in r,,yP V:tl i:p k ytb,.::':•_;. ofenter)e In khr Iawn :t_� N or 2 ' o@nstot ar rt ��-a"i r �± R`1 «17unGy �flrn9td9i� an i :�,y..ii�t+� Ito i dC3t AcT' �� O^ iC.=3 and tare sho,f^. B) Land�inYIIAt�is`TA��a;rrr on'r plan sC lanY 4.1GYL2ttl pF;Zr c�� i :;:::.r�• r: via h hY:i A6Z7.YMa3i. trLKl1T%si:' iLLF), P'.-epa�ax 1955, ,o :ud Ca aarn,t P rrry :a±ti•t�!,J:t^-S, 1 M!i16 S:.e� to ff ;� y:•:i: :'6' k b1G Yi YaKe vn�y .kab+.CrY' 0r J�+?•.i:l ,r p� u`ri3d +?th ?!rn...�tF,ly '; ' n-ai�6k �ti:lr. Pdi c 78. Page e35, �riPk 9UY7 y+., ti ritecy:'4ed i Eiaac 4f83 u!w l!'di,yr W"5 1� "Qwn ' i1�a74r7Jt"�.;Jn ApprovA: %of 64-.a a 1 1 grants ea :r,s W. zil;s,*.. r�,;..�t:t±. deva?orxanL, f. Cr.9n'rre :?n •n-;e.tLr,, :.3 Mild as^.lr.%4 .7 rho :�,,r,•},•,a',oe• •,t r, SC,It I,}ae., .ctian _ tJA DPG fore"YOo:aH, 'jJamr'rl' an the %"ld 'at`i1d "Jf ,nia -'jaran V—t* • i !a�^`.v!' Co aaaurt t ti%.@ RW eL^L"�lOn - '33P:Rn!^.L :rf, i ��'.... .�•:s' that Che pr ,;y 1 y, an -open ar aJL4r,�1 9C%t9 Qtty aot 4ea �1ni bd kap' in ^.4-'•',.1:..�:�_'��: .,. p;Ir...•iy 6r -aaefr:ay t +se�e3'�orx uaaa 3uan 9e i enr, 6'r4nLnr ro}+ Lt1c au r fir:}D 8. r.Pivrie. the ! .:A�'r i i pdrPJ rto Jr lvt 1,R C± 0 h®r4 C PoilOwl7At e:ls� r u:na an o aoriUrR, kh^ OCha;� S�dvmrC�C!rtq•V@, r?:td, ui : '- 48�p 6; i rh 1'}'�, F•;.R hex,C or of Ocarorary or �er�,iAehC w Rer s 1 =OfoC'-u.'% all pi.t_,...t ,Yr ill b0 LO Oil, 1GQ'Jtr Lttd P!" '•;.it e! �r@i:,i ir3A;, N.1A. •�Wewt4 ptnuki ' IT � •; ;tit.��.�;-� �. :� �.. WIC lay'' , '��.�'� l• �" ��, '>�!""�� >F: � i !�'k�'tlts,�t�ar�n�r�rz�2°N�?rtGxr<rl:?;;,riP.a:!tiYYwilbw"r�larX:!?rsi�er�,ayjro4t�rrvrw�-:c�,au�r�o+��"�"`* -"""•"•••`� ° `+••, 09-10-1997 02:.33PM FROM 508-771-7625 TO 79a6230 P.05 III ,� ennat�liOPcsF j`�� ' Exe ter.�, � •i le.tep, for Customary dralQege d1tAMin rAl3tin to Mosquito and e e inApCt onCrot, no $0,1 to test l A`' sand, ro.k ar.oLrcr mineral ray' ¢edti' dmatupa, oaourCt or nas.ural I ' y' depo0lt adt:ri 1 be aaoavated, dredged or renoved i from the oromzsea; and no coil, retp9e trash, I r`;�r vPibia l.e Dndics or Par ' a.matr or DLh.er subs;►, ts, rUbbdah, debris, �u4Jc, `- shall r sxce or 'Taterigi �h6Laaever M1�:'': th®teonJ AlOeed, Filled', st*e'*d or 04.PQpoE 1:t;`ro t31 go trees C , grasat;s or other vegutatiom oA the premises shall be out, rmmoved or other VI" Ceet:OYnd, r:tCc i h&rve4ting sf �'"0?1 "C"t(bj rdf!) the �'; eotivltiyg d3hd tW) ciearin m 0!sing f aad other begetatiort tS r Shrubbery, tree, bedaut4f4aaklon XPC mallatenence of v stas; aUrposend r • ��} H�'usr shall be made o r the prebt3se3 be permittell , "+�v,, dlaCtylty thereon aha41 y,. wd7Ssh is Or mnY becgRm '400"jStent With the intent of bh#� gnat 0009 the preservation of i th® premisrs predgro:rtabtly in their prea4bt a0ndition> ter. protgotive of environmental �:", systems aria semnt;, ar.�o7ment. , following Tne provjsi4'na of Paragraph P AOEaithgtanding, the B teaSa and dictiviLit•a Shall be ermittdd: gr,, ( f) Use Qi' the Oro"44sea for rdoraational usp ar.r9'��•s snciaentai yenDem_h accessory f40ilitaea,Leaf ' talana at 30udder i5sy, :s en Open $paoc Oevr?QAment, fln:luding bmt riot racgtee to cennia, p;,a�torm sports tennis and Daher improvem= customari�Ya inmi s) slid Other �. Was, J i'! tZJ vse or the preml8eo or as i for rarfAitt Y patt inherooE go agrftpv urea hortICU,tvre, 1 tvisulturg dOreaC. 81CCDid3CCP, 'Y t SUrd9 Us*a to be ip +rich goof xoo@land and agriculture managemerjt proo6ice3), GSrkr 'eaueatrian, ,anilhal t d>dotod'izee or ®a t^QaLioe a1 uses (noE £oly±rig '''. tional vehicAga U. vo h as Cross �' 1! •�",'. Cadntry skiing, hiklCg and harsebaok riasag; t ' i. µpj •+ewrw 1 ti >a i a «` >� ^, i 09-1i0-1997 :32:34PIM FROM 508-=77 1-762n TO 79OS2 33 P.86 ea gffQPicr 126 f � , ( ) LBRdscapiog, excavation and Tillin8, well alasing, rmoval or outttng of '11090t4tioh, ; i creation of ya6ho, 144ta1latioa of utilities, leoaing ana plowing, pro'aided that coca aWtivities aro normally a33ooLa6ed with the Foregoing permitted uses. The foregoing open Space 'Restriction _ Ees4went lb LAtended to ensure that Lhe land shall be Inept in an opea and natural state and no% be built .upon tar residential uae or s developed for aCeosaory vaas such as parking or reooway. �. i t 7'tte Open Speck 1e3triQ6ion - F.Rsliwcslt hereby oonvayed ' does sot graat ro Lne CronC*e, to the public. or to any othor person any right to enter opon the preali$ea, except as 1.. Sgllos�s There is hrroby granted EO LRe CrmRtee the right to ? 4 enter the pr'eKSDe3 for the purpose of ins;TacLiRg Lne 38MA to , - { dKtermine oorrpliseer nereviah, and the IOWA of sarnatable $hall be empowered. in the ewsttt of Lhe failure by the Truataes of the aee_n Leaf Landing at Soudder Bay crust, L0 perform the ,azintehxnee atad upkeep of the W eA Space arA87 and fscili.ties and if any guWh nark is pferro'rmea toy the Town . of aarnatabie, the owners of Iota within Beeoh Lea!' Lending at S:t,dder Bay ShAll Pey the eo•st thereof and the aoat shB11 constitute a Ilea upgn ttie Iota is said develOpalent VnLil the ; } 'Town of 8ernitable has Seep reimbursed. Zhg Grantot, iateads that th4% grant be an Uz ement In � d gross is peroctuity. ;*1 WITNESS wx-NZQP, tho Elio SILVIA A`(D 91i.116 r3S5tYZAT23, X)j0OPP0RAIZ0 has 4sused its aorporate seal to be { hereto affixed and these presents to be SilAtU, acknow1edgmo and atliv+rred in 4.t3 name and behalf by Ronald J. Silvia, iWa Prasipept, end Floyd d. Silvia, Its Treasurer, heretp duly ?? = authorized this ti is fly of /AAr' 49d. t SILVIA AN',". $ILVIA ASSOCIATES, � � F q �a"esm�i'J"',�Tvia, resi art loYd SLly a, Trea9urer } t Acsew+a ac. "• - OfRPMw.i MA iwrM �171AN�SD _ • 'M• ' r TO Hi_ e: s- Zoning Board of Appeals-Decision and Notice BP a 09:,1 1.—0212,6 95 0' `4 11 19 4042 i 1 v Appeal No. 1995-83 Beech Leaf Island,Inc. Town of Barnstable - Zoning Board of Appeals Decision and Notice U _ Appeal No. 1995-83_ Beech Leaf Island, Inc. Variance to Section 3-1.2 (5)bulk Regulations -Minim,u-T Lot Area Summary Granted with Conditions 1 Applicant& Owner: Beech Leaf Island, Inc. O (�; Address: 447, 46 473 and 485 Bay Lane, Centerville, MA Assessor's Map/Parcel: .187 -3, -4,3-5 &3-7 ` Zoning: D-1 esidential D-1 Zoning District Applicant's Request: Variance to Section 3-1.2 (5) Bulk Regulations for minimum lot area requirements for the remaining four lots of an open space subdivision F Background Information: The application is for variance to Section 3-1.2 (5) Bulk Regulations for minimum lot area requirements for the remaining four lots of an open space subdivision. The property is shown on =3 Assessor's Map 187, as Parcels 3-3, 3-4, 3-5 and 3-7, and is commonly addressed as 447, 465, 473 and 485 Bay Lane, Centerville, MA in a RD-1 Residential Zoning District. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on May 31, 1995. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on 0 a7 July 12, 1995 at which time the Board found to grant the variance with conditions for all four lots. . I Board members hearing the appeal were: Ron Jansson, Emmett Glynn, Dexter Bliss, Gene Burman and Chairman Gail Nightingale. This appeal is also related to Appeals No. 1995-81 and 82. All of the appeals were heard together. Attorney Baum represented the appeals. He noted that there are four remaining lots in this land division, each with foundation built in 1986. At present, the Building Commissioner revoked the previous building permits and denied applications for new permits based on insufficient lot size. I The land division was approved in 1984 via an Approval Not Required Plan (ANR)which was recorded in the Registry of Deeds showing 7 lots ranging from 20 000 s 9 9 q. ft. and 63,000 sq. ft. ` Litigation problems occurred with the DEQE that were dismissed in August 1991. The protective ' %.:, covenants documents is in the file as Exhibit G. Silvia and Silvia granted an easement in consideration of approval of open space development on October 12 ,1986. Between April 9. 1986 through December 1986; foundation permits and building permits were given. Three of the seven lots were built upon and conveyed.to owners, the four remaining lots had foundations and ! utilities installed. 0 J OJ I p The fatal set of events began in 1991 with the closing of Sentry Bank, the bank that held the developers mortgage, by the FDIC. The RTC was appointed as receiver and all funding was ¢ frozen as well as the development assets. The land mortgage went one place and the construction loans went another. They received no cooperation in attempting to obtain releases ~! � of unfunded lots. Therefore Beech Leaf then filed bankruptcy on March 23, 1993. This action was used to in order to get a court release for Lot E. The bankruptcy was dismissed on March 15, 1995 and Beech Leaf structured a deal with Sun Bank who got the lots releases on April 22, , .: ; � 1995. In May our Building permits were revoked by Mr. Crossen. REGISTER RECEIPT # : 1995 20246 BARNSTABLE COUNTY REGISTRY OF DEEDS RGiiOR PRINK: THU 8/24/95, 1 1 : 23 :48 6ATCh : 4 149 CA TOMER : N/A PAGE : i BOCK-PAGE : 9811 226 RECORDING FEE : INSTRUMENT # : 42171 POSTAGE : . ; RECORDING DATE : THU 1995-08-24 11 : 19 MARGINAL REr FEE : 4 . 00 ADDRESS : BAY LANE COPY FEE : . 00 CONSIDERATION : . 00 COUNTY EXCISE : . 00 TOTAL AMOUNT DUE : 16 . 32 STATE EXCISE : . 00 PAID BY : CHECK 2646 --------------------------------------------------------------------------------- GTOR/GTEE GROUP : 001 TOWN : BARN BARNSTABLE INSTRUMENT: N NOTICE OR CAVEAT GRANTOR : GRANTEE : DESCRIPTION: BAY LN CENTERVILLE MARGINAL REF BOOK-PAGE : 8081 92 TOWN : BARN BARNSTABLE INSTRUMENT: N NOTICE OR CAVEAT GRANTOR : GRANTEE : DESCRIPTION : BAY LN CENTERVILLE MARGINAL REF BOOK-PAGE : 8081 80 TOWN : BARN BARNSTABLE INSTRUMENT: N NOTICE OR CAVEAT GRANTOR : GRANTEE : DESCRIPTION : BAY LN CENTERVILLE MARGINAL REF BOOK-PAGE : 8061 84 TOWN: BARN BARNSTABLE INSTRUMENT: N NOTICE OR CAVEAT GRANTOR : GRANTEE : DESCRIPTION : BAY LN CENTERVILLE MARGINAL REF BOOK-PAGE : 808i -16 GRANTORS : BEECH LEAF ISLAND INC (&0) BARNSTABLE TOWN OF (APPEALS &0) GRANTEES : NONE RECORDED -------------------------------------------------------------------------------- RETURN ADDRESS : A M WILSON ASSOC INC 911 MAIN ST OSTERVILLE MA 02655 ----------------------------------------------------------------------------- --- 1 VV� ,� I f ncoi �L j DRESS ZONING DISTRICT CODE SP DISTS.I DATE PRINTED STATE PCS NBHD I CLASS KEY NO, -AY LANE C 919 5 1 =i A--i R107 IJ3.001 7 LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T LOC./YR.1spEc.CLASS ADJ. COND, F, J'D.UNIT ACRES/UNITS VALUE OIN A L D J M IT AD I L V I A PRICE PRICE A D 1 30,700 i '! Ck Af L 1 X 77 y2 I 15 CARDS IN ACCOUNT u 00 0 13 8 G C.0 0 2.1 7 2 9��u u S,')L UNNUM6 0i or 0 1 0 35 3 0.J 0 ou� �,P L 3 A Y L A N'E sk. 1 -3 L, 14 LT L A.A i X 6d i E-SU3 FY,37 K E r 2 0 5 c"I "')84 J L ;T .ji S P F A IS E D V A L U E R C L ll-.AM A R n 7,Y L 0 iT 01 L 7C F, DEED REFERENCE I DATE N Type R—d- -4 i V v 4 L:.IBookk Page Y, DI - IMO J 1 /8".3 E3 6 V 3/a 6 a 14 Q 2 5 0 4 2: V 1 /8 5 3 149250 BUILDING PERM- Number L L A'� T N I Dale Type L P-EL 0 S F E I L;,' -S t-1 L D-A,)j.Si I e.gn R —Bltn.I Fi, I F— I R-- Square F-1 %pl c— MKT.INDEX: IMP.BY/DATE: SCALE: ELEMENTS CODE CONSTRUCTION DETAIL - --------------- --------------- ----------- -------------- ------------------- --- - ---------- --------------------------- --------------- -------------------------- -- --------------------------- -- ------------ -------------------------- --------------- ------------- --- - -- -- ------------------ -------- - -I A -- ---------- ---------- ------- 4 3-A G-Z-E-N T -R-V 1-E L T- LAND TOTAL MARKET -i0700 30700 'A is A 21467 VARIANCE + +"J T ul -��- 9 7 �'�m � � s- � � � � Tom,. ,l� �, 'i [ ] [R187 003 . 001 ] LOC] 0000 BAY LANE CTY] 10 TDS] 300 CO KEY] 327783 ----MAILING ADDRESS------- PCA11321 PCS100 YR185 PARENT] 107583 SILVIA, RONALD J & MAP] AREA] 43AB JV] MTG] 0000 SILVIA, FLOYD J TRS SPl] SP21 SP31 BEECH LEAF LANDING UT11 UT21 2 . 77 SQ FT] 619 MAIN ST AYB] EYB] OBS] - CONST] CENTERVILLE MA 02632 LAND 30700 IMP OTHER ----LEGAL DESCRIPTION---- TRUE MKT 30700 REA CLASSIFIED #LAND 1 30 , 700 ASD LND 30700 ASD IMP ASD OTH #DL UNNUMB DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL BAY LANE TAX EXEMPT *RE-SUB FY87 RESIDENT' L 30700 30700 30700 #RR 0084 OPEN SPACE COMMERCIAL INDUSTRIAL SPLIT100985 EXEMPTIONS SALE101/88 PRICE] 1 ORB16110/152 AFD] V B t LAST ACTIVITY] 05/18/88 PCR] N t Crossen Ralph From: Etsten Jackie To: Crossen Ralph Cc: Schernig Bob; Smith Robert; Weil Ruth Subject: Open space, Sylvia and Sylvia Date: Wednesday, August 27, 1997 11:23AM Priority: High Ralph, please be aware that I signed off a building permit map 187, parcel 3.3, since there is no Planning Board covenant, this was an Approval Not Required, Open Space subdivision. The Planning board approved a Special permit subject to all the requirements of the open space residential provisions of the Zoning Ordinance. One of the provisions has never been complied with -the requirement that the open space be deeded either to a homeowners association, or to the town. This issue was raised at the ZBA hearing on the lot size and the ZBA decision was subject to compliance with all the terms and conditions of the Planning Board approvals. The assessors records indicate that the open space land is still owned by Sylvia and Sylvia. This issue was raised with a Mr. Sylvia of Sylvia and Sylvia, when he came to the Planning Department counter. He stated that he would take care of the issue and deed the land to the Homeowners Association. I would appreciate holding off on issuance of the building permit until the conditions of the original special permit have been met. The applicant should produce a copy of the deed of the open space land to the homeowners associ,atian. Thanks Jackie Page 1 I TOWN OF BARNS'.rABLE - `�, CTIFIGATE OF OCCUPANCY ti ff ( PARCEL ID 187 003 003 GEOBAS + ID 32780 ADDRESS 447 BAY LANE PHONE CENTERVILLE ZIP - LOT-. ---- DBA DEVELOPMENT DISTRICT CO PERMIT 4` 34023 DESCRIPTION SINGLE FAMILY DWELLING .(PMT.02,8252) PERMIT TYPE, BC00 TITLE CERTIFICATE OF OCCUPANCY . CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: - THEBOND CONSTRUCTION COSTS $.00 753 CERTIFICATE OF OCCUPANCY r * BAR�NS�Ip'AQBLE, + MASS. 16.9. ♦� wi BVILDI � BY DATE ISSUED 0 �f.��P 1 /14/1998 EXPIRATION %DATE w - - mail,, M� NNW APPROVED APPROVED TOWN OF BARNSTABLE TOWN OF BARNSTABLE Y�'PLUMBING ❑ $li'#E�9}A1G El SAS � WIRING � / � g �;� - - ❑ PLUM"G � BUILDING I' t `i^A Br" LDING PE IT l- ..,.. � PARCEL ID 187 003 043 GEOBASE ID. 32780; , 1ADDRES2 447 BAY LANE PHONE CENTERVILLE ZIP - LOT F BLOCK LOT SIZE _-- DBA DEVELOPMENT DISTRICT CO '' PERMIT 28252 DESCRIPTION SINGLE FAMILY DWELLING (SEP_PMT_#86-1239) ;, PERMIT TYPE BUILD TITLE NEW RESIDENTIAL BLDG PMT CONTRACTORS: S I L'V I A, RONALD J. Department of Health, Safety ARCHITECTS: and Environmental Services �OT-AL -FEES: $697 5G.. 101 SINGLE FAN HOME DETACHED 1 PRIVATE; +� •. BARNIFrABLE, MASS. ED MIS BUILDIIY DI I ON BY DATE ISSUED 01./12/1998 EXPIRATION DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OF APB'!?AR1 THEREOF,EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BU6L1;- •CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS? MINIMUM OF FOUR CALL INSPECTIONS REQUIRED `+ Y7 '� FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE'RETAINED'ON JOB AND WHERE,APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS ' THIS Cr AD'KEPT..POST.ED UNTIL FINAL INSPECTION PERMITS'.ARE REQUIRED FOR 2.PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE'WHErRETA CERTIFICATE OF OCCU ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). r PANCY IS REQUIRED,SUCH BUILDING SHALL NOT.BE ANICAL INSTALLATIONS. . 3.INSULATION: OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE i ' 4.FINAL INSPECTION BEFORE OCCUPANCY., r D4 .•, i, ;`t y POSTTHIS p 0 BUILDING INSPECTION APPROVALS PLUMBING,INSPECTION APPROVALS, ELECTRICAL INSPECTION APPROVALS 1 ,n � 2 2 oZ 2 �. 9,Z2� �NSuu 2 ! w- 3�y 1 H A ING INSPECTION APPROVALS ENG�RING EPAR MENT 4 G 2 BOARD OF HEALTH O ER: SITE PLA&kVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL P MIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE TRUCTION WORK IS.NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. 0 346 a� s> s.. .. ___----- �r .r� ;�.'�, y= . � M I r �� ...,. r iA CJ4K?fi0-'4*, 1 .� /F' '��- ti � I ��T ��' e .� i� � ` i �I�L-�T(c�7-�-� l"�'" i �� ate, ' ,: i .� ��: ��. fr_ �._ � � {A _ *'� e„"%,, • � '•1 ;fir /4 -%� " Q� �� G ,� ,,� i � r M `y d \ r .��_ `� 4�z awAe 10--/e-9,�4 1 Ai. ii / �r-� /a--/� - ftrrr� �' Sc"� � ` , ,��'.v� �t � �of-.. ' _ �, �, �ii wig �. . :�1� �+' --�r— -- _ c --�� � _�� ....�---A.�— . :..:: ,.. �. l !0!x-'9,tV Jam. 'F' ,. �l���� /o- /3 -4� v;�. � r. �'' Y T . _�y,f.�, , YY ,. _ 1 � . . �, , , 64 {� i 41 T o 4 � G o i � 1 2 +t d� 1 1 �N �,t�,►z►JG,TA�c_._� �"cr�rear�u.�;� h'U�iS, FOIL RE ST�Zt L1,QT�) SU 2t/�ya�2,S 1 Ce:; 1 F`f 7c4AT FovU'»710Q SPDc. )N I 14E-:12E:ow 60MP" VJiT14 THIS 41DELtrJo 44=> D �:2 i l..l..L, !i(-� T3A 21J'17"�4��l� Q�.1 D Isi hI GT LOCs1 T"�-'D 1 I N T14 E FLoo2::) PL-A i {J. . i I r � 'Tt-1 is -ar T---�,AIJ wA17 N1cr R2-0 v', p t4 � cv:.D NoT 3E L( we5, F i 4b s _ � I w E 1. I 7 t �- a / C=I z crT W L'tiJ m . � i , CGznr-i& PLo - pug� till ��W7TA�3 Lr-- Cc,&.ITea/rux--) MA%* FL . 5 wr Q s e7t L1/l A A45aG(ATes t wcdrzpo2at-at) . SCA La - 2 d' 'heG t"1, tR ge=l -l!�avToz i Wye IW-- l 1 GL�t'1 FLj TNA-r ` & FOVQT.>ATIOQ 51JOWN Gwlt. 15061NE FU 14SQW J 60mxy5 wit'm OS'EZ\/!LLB= AAAS S , .<wsAUL (Zout aam e'JTS Cam' "(3 Tau rJ Or 13l-zf4"57-ABLF-- A4D It OOr f o,eArt=-'D RMHARD A. D,, TER No.2:N8 `I is Tyr Pearl WAS NM- 'eVAM- RzoYV� Af4 -5+4ovL ) Werr sa UStm To JBv7TA8LJ5(4 iar L(WE$, PL�1J R. F '�?3 do2 PL, 070 :fie �, e� 1 u�bl K E Y A-1 •% WETLAND FLAG BY FUGRO EAST, INC. + �'� `� •�` `` '._> °f TEST PIT BY FUGRO EAST, INC. WATER GATE t�P o . Q_f 1)1 Bay��`� - '' .Jl c GUY POLE/NUMBER -® l _p j a /?• SAS :` J POST do RAIL FENCE —a—a �0 �•y1r WATER LINE w u �O '�,�:�(�,�, UNDERGROUND ELECTRIC WITH MANHOLE �alti: , ev ort o% cal •' GAS VALVE °biic Beach l l �,°ai°Q NOTE: r s s i M 28 ti_ ", 1,_Q, f , •..%_ %; i _ \ ,,�� EXISTING SEPTIC COMPONENT LOCATION / FROM SEPTIC INSTALLER TIES REF: SEWAGE PERMIT No. 86-1239 / LOCATION MAP 26 HYANNIS QUADRANGLE SCALE: 1:25,000 � SEPTIC VEN ASSESSORS MAP 187 PARCEL 3-3 1-11 \ / ZONES: 28 \ AQUIFER PROTECTION OVERLAY DISTRICT ,�� S� LAWN ZONING DISTRICT: RD - 1 js. do 34 29" MINIMUMS STONE 00. 70.00, AREA = 43,560 S. F. L 0 T 24 26 ORNE / FRONTAGE ---20' G o ------�' ` EXISTING / WIDTH 12 N F 51r1 f-XISTING ` LEACH PIT FRONT SETBACK = 30' S�wART SMITH —� o �9 �y6 /RR TIE tN- �, DI>TRIBUTION '. , ; my SIDE SETBACK = 10' —� RET WALL �° �•- f` BOX �QGF'��,� •�^ m / REAR SETBACK = 10, 22 /o QP r�,i. .,: 0 26 BUILDING HEIGHT = 30' / LAVIN •i�� " to (OR 2.5 STORIES IF LESS) �'�----____�-...,,+ 20 Al. EXISTING` ` 0 �,<v g SEPTIC TANK 26 \ O. w s / 16 ���h�"� 28 ` `9`<1' W �_. Q' v 6'• O 0 14 ND OF COASTAL BANK ,� 0V OWN DEFINITION >x 12 ' r.1Obi AR FLOOD � E�. ,i 0 .e.—_. . � _. _t,_� t� �_ � � ��> �: 26 ` A-50 A-4 SC 'v AL "EDGE OF VEGETATED WETLAND" ` 1 O %� L 0 T F PER BSC PLAN DATED 10-30-1986 ` I >A-3 ' ) i k 24 16,239 SF t BORDERING VEGETATED WETLAND TP o fy C � DEUNEA11ON AND TEST PITS BY 0 � ` -a FUGRO EAST, INC. - 10-18-96 QP FIELD LOCATION BY BAXTER & NYE, INC. NTP \ OF o 10-22-96 s SITE PLAN A-2 AT JIL d / ,dig A-1 �� ` ° 447 BAY LANE a LL O P E N SPACE �/ CENTERVIE, MASS. / s ,�ti°o w :� l 22 1000, 8 / Np C / o,`I' FOR "EDGE OF VEGETATED WETLAND" TI'ST P PER BSC PLAN DATED 10-30-1986 .1 p O qeq / SILVIA & SILVIA. INC. 100 YEAR FLOOD = EL 11.0 12 F M °N / ,� » , REVISED: NOVEMBER 19, 1996 G / ,{ SCALE. 1 20 NOVEMBER 7, 1996 14 P BARTER & NYE, INC. Ot 1 263 812 MAIN STREET / 16 0 OSTERVILLE, MASS., 02655 1 th (508)-428-9131 ga Y111 LIAM CPA. 2C � C• 18 O ,�'h v c v; N Y E , / '� •v . 193 \,� EBR. 01, GRAPHIC SCALE6 in 20 0 10 20 40 h y 100-YEAR FLOOD ELEVATION IS LIMIT OF STATE COASTAL BANK ( IN FEET ) i inch = 20 Pt. 96141 (SITE0I.DWG)