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Home My WebLink About0465 BAY LANE '�r}# {f !"�yY"i�lr_ri #!r ,,., �,. .f� ' ��`t"P, ,,t,. .�, / - +� ;�,;a.� ,:tr. '7. ��ftY �ir'�t� "#K .'�,Yyl ':q)�.Y�y'� �!�•rr,;;'la ��.,q�r"'t Jar �"'Y��u,��X.{� �`' `i fi �a*' j• �jf•0H^F' +��. <ti'Y`'Ft f � h '� '�(�{��;Y; >t + i�l,� �,r r.� M t {„�ry ch� ,( J},�y�7, ...ci � y�1 ri�:fq�r'1,�>t.,}'.(t yy i�i�j�u�t��!, �/!.'�1`` ",.`i�,�..�.pf}{. �,k It..-' r ,s�d��{K x' '" LL r' ��t"s � t,�'[� �° i, � J"�({,,,lJ�f rt+ 'OAJ•�A�✓''�fN.. ."(.. ��': ! 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PERMIT DATE: M/P: t 4 y o 3 c oS LARGE ROLLED PLANS ARE IN: Box ( I SLOT Data entered in MAPS program on: 0 2.Z i BY: q/wpfites/forms/archive Town of Barnstable IKE'°�+- - Regulatory Services r r Thomas F.Geiler,Director r r " B' ` Building Division y MAm 3S. 0q "rEn Mpg a Tom Perry Building Commissioner 200 Main Street-, Hyannis,MA 02601 Office: 508:862-4038 Fax: 508-790-6230 . COMPLAINTANQUIRY REPORT Date: ® Rec'd by:_'��XLI Complaint Name: 4�' Map/Parcel Location Address: Originator Name: Street: Village: State: Zip: Telephone: Complaint Description: C cry ,r( FOR OFFICE USE ONLY Inspector's Action/Comments Date: Inspector: 33a c) 4b AZ >> Ca Additional Info.Attached Q:forms:complaint I -- r-....................... " �- -- ---- :, l Town of Barnstable Geographic Information System December 8, 2010 1 t € �187003007 187003004 #485j 187003005 i 187003006 f #465 #467 °. 187004 ^ � . 187073 #0 ( 187003008 j. #461 t 187002 7. 187065 #373 + ' ^ .., 187003002 #459 f a 187066 as 187003003 �t ^" a S .� #456 , N 1860J1 . t2 #446 187003001 °may.. <. �� .,. 186085 t 186015002 35 Feett... �,» •^"""`« ° 186015001 #430 ~s + r #420 'w7 DISCLAIMERS.This map is for planning purposes only. It is not adequate for legal Map:187 Parcel:003003 l . boundary determination or regulatory interpretation. Enlargements beyond RILEY,CRAIG J 8 COLLEEN A Total Assessed Value:$642100 Selected Parce beyond a scale of # 1''=100'may not meet established map accuracy standards. The parcel lines on this map are only graphic representations of Assessor's tax parcels. They are not true property Co-Owner:. Acreage:0.37 acres Abutters •. �y" boundaries and do not represent accurate relationships to physical features on the map Location:447 BAY LANE such as building locations. Buffer .r 1 SENDER: H • Complete items 1 and/or 2 for additional services. I also wish to receive the m • Complete items 3,and 4a&b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): N return this card to you. 6 �. m • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address N does not permit. r, t • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery G • The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. (D 3. Article Addressed to: 4a. Article Number P 015 496 627 i Silvia & Silvia 4. °L 4b. Service Type 0 c619 Main St. ElRegistered'`•, El Insured cc Centerville, MA 02632 c � �Cered�� }❑ COD W ❑ Express Mail- ❑ Return Receipt for W Merchandise o Re: 465 Bay Lane, Centerville 7. Date of D livery �� 5. Signature dd a 8. Addressee's Address(Only if requested Y and fee is paid) LU t , c .6. Signature n f' yPS Form 3811, December 1991 *U.S.GPO:1993-352-714 DOMESTIC RETURN RECEIPT o• M 0 UNITED STATES POSTAL SE E �� w F \n o-, c � Official Business / ��- 9-,"000VENALTrPOR=PF"AT �B P�9YMEtu OF POSTAGE,$300 Print your name, address and ZIP Code here TOWN OF BAR NSTABLE j BU ILO ING DI VI S ION 367 MAIN ST I HYANNI S MA 92691 0 r 7=7- .eF ROBERT J. BAUM9 P.C. COUNSELLORS AT LAW 20TH FLOOR FIFTY MILK STREET BOSTON, MASSACHUSETTS 02109 TEL(617) 292-8877 FAX(617)482-9710 May 19, 1995 , Tomu� � �N DEPT� FEDERAL EXPRESS Rd ANT Ralph M. Crossen Building Commissioner p Nj Town of Barnstable 0 ►`� 367 Main Street Hyannis, MA 02601 Rem 465 PBav Lane, Centerville, -MA- Dear Mr. Crossen: In response to your letter of May 12, 1995 regarding the building permit that my client has requested for the above parcel, I enclose the following: 1 . A copy of the special permit the Planning Board approved on March 25, 1985, which was recorded in Book 4655, Page 173, of the Barnstable Registry of Deeds; 2. A copy of the Deed to the subject lot, dated June 22, 1992 and recorded in Book 8081 Page 084; 3. Copies of the various recorded deeds for each of the remaining lots of this open space development: Lot A, Lot B, Lot C, Lot E, Lot F, and Lot G. Please note that the last lot conveyed, Lot E, is deeded- from Beech Leaf Island, Inc. to Marchal, et ux on July 30, 1993 and was recorded in the Barnstable Registry of Deeds on August 9, 1993. The special permit that was granted authorized the development of seven lots "ranging in size from 13, 775 square feet to 18, 974 square feet, and open space, containing approximately 2. 7 acres. " After the special permit was granted, all infrastructure, improvements and utilities were installed, three lots were improved with single-family homes and sold with building permits being granted for the remaining four lots and foundations poured. You will recall that it was only a. few months ago that you requested that my client install fencing around the foundations on the four remaining lots. While the completion of the construction of all lots was delayed due to the failure of the Sentry Federal Savings Bank and litigation that ensued thereafter, all roadways, Ralph M. Crossen May 19, 1995 Page 2 utilities, septic systems, water or electric service and other infrastructure improvements were completed, and all lots were deeded to at least one subsequent owner, with the last transfer occurring late in July of 1993. Disputes with the RTC, which succeeded Sentry .Federal, resulted in litigation and prevented further construction activity until those matters were resolved last month. As my client was anticipating continuing the construction when you rescinded existing building permits on May 2, 1995, for what you described as a failure to diligently pursue construction, we are very interested in avoiding any further delay. Since you have advised me that the plans that were given you for the building permit for this lot were satisfactory, I trust that this information addresses the concerns of your recent request so that a building permit can issue without delay. I would appreciate your response as soon as practicable. iry my s, Robert um, P.C. RJB:rtg Enclosures cc: Ronald J. Silvia Crossen Ralph From: Crossen Ralph To: Etsten Jackie Subject: RE: Sylvia and Sylvia Date: Thursday, September 11, 1997 2:24PM Just turned them down due to variance being over a year old. From: Etsten Jackie To: Crossen Ralph Cc: Urenas Gloria; Weil Ruth Subject: Sylvia and Sylvia Date: Thursday, September 11, 1997 1:14PM Re: 187. parcel 3.3; Sylvia and Sylvia subdivision off Bay lane Regarding the open space parcel that was supposed to be deeded to an association of home owners, according to Laurie Warren, the land was deeded to a trust, the beneficiaries of which are the homeowners. However, I have not seen this paperwork. She had asked Ron Sylvia to forward this information to both of us. As you are probably aware, there is also an issue of whether the variance granted in 1995 is still valid. I don't know if they conveyed ownership of the lot in question within the one year period. The appeal number is 95-83. Page 1 Crossen Ralph 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>> Page 1 Crossen Ralph From: Weil Ruth To: Crossen Ralph Cc: Smith Robert Subject: Beech Leaf Landing Variance Date: Thursday, September 18, 1997 5:15PM In discussing the wording of my memo to you regarding the above with Bob Smith, I have some concern that it might not have been as clear as I intended. Specifically, the thrust of the memo was that since there is no specific law that we could find on the issue of what constitutes the proper exercise of a variance which provides bulk regulation relief to multiple lots,we could not say unequivocally that the variance had either lapsed or had been exercised as to the two remaining unbuilt-upon lots. The "discretion" involved referred to the fact that since there appeared to be no clear direction in the case law on the issue, which is an interpretation of the State Zoning Act, Chapter 40A, you could make your own choice between the two options. However, your position as Building Commissioner would not entitle your choice to any particular deference. A court in the end might decide that whatever choice you made was not, in its opinion, the correct one. This is clearly different than a situation where a provision of a zoning ordinance provides you a degree of discretion and a court might, therefore, accord your interpretation of such a provision a certain degree of deference. Please do no hesitate to contact me if you would like to discuss this further. C7 Page 1 r 05/31/95 10:46 $817 482 9710 LAW OFFICES 11003/007 . mmW OF.gggg nRr_sr zoning Beard of appeals . � 9 Application for Other Powers Date Received For office use only: Town Clerk office Y Hearing Date *j •�. 31 3 Decision Due The undersigned hereby applies to the zoning Board of Appeals far the reasons indicated: - applicant Name: Beech Leaf' Island, Inc. , phone' (508) 7751442 Applicant Address: 619 Main Street, Cemterv-Ul.e, MA02632 property Location: 447,465,• 473, .85 .Bay Lane,Cdntervilla, M& This is a request for: [j Enforcement Action . jq= Appeal of nd+i n i atsative officials .Decision C1 R.,petitive Petitions jgCx Appeal from the zoning Admini3trat0r jl other General Powers - -Please specify: Please Provide the Following YnfoZzati.ag (as applicable): Property owner: Beech Leaf Island, Inc. Phons (508) 775 1442 Address of owner: 614 Main Street'. Centerville xf applicant differs from•cwnex-, .stare nature of interest: x3sessor•s Hap/Parcel Number Map 187 lots 3-3,3-4,3-5, & 3-7 Zoning District Residential. D-1 Groundwater Overlay Di.stxict AP _ which section(s) of the zoning ordinance and/or of MGL Chapter 40A are you appealing to the Zoning Board of Appeals? MCL c. 40A Sections •7 z 3 15 Existing LeVA of Development of the property - number of Huildings: 4 folindati nns Present use(s) : vacant Gross Floor Area: NA sq. ft. TOM OF BARNSTARLE BUILDING DEPT. p �� • 3 � (1995' ��► �:�� 1 p'�r, 1995 05/31/95 11:16 '2617 482 9710 LAW OFFICES DD4/019 ApMncation for other Porters Nature & Description of Request: SEE ATTACHED Attached separate sheet if needed. I9 the property located in an Historic District? If yes ORE Use Drily: Yes C3 No C$X Plan Rev3.ew Number uate .Approved 2e the buUding a designated Historic Landmark? Yes 13 Np Cam, rf yes Ristoric Preservation Department Usa Onlv: Date Approved Has a building permit been applied for? Yes xx Na [� Has the Building Inspector refused a, permit? Yes rc e � � Has the �) p p rty been before site Plans Review? Yes (� - Ho For Building Department IJse cnl Not Required - Single Family I� site Plat Ravlew N=bet Date Approved signature: The following inforMation most 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 map 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 staking its determination. Signature: - vats: 5/31f 95 - jApIc-lint: or Agent's Signature: Agent's Address: phone: bZ7 292-8877 50 MILK ST.,MTH FL (617) . 482-g71� G=ON MA mpg Fax No. i NATURE AND DESCIUMON OF BEQUEST By letter dated Allay 2, 1995(a copy is attached as Ea u'bit A)the Building Commissioner "revoked"the Building permits for the remaining four lots of a previously approved open sty development in spite of the fact that several other lots had been completed and sold,all septic systems had been=taIted,all utilities were installed and'Wfiustruct=IInpravemeais had been completed.Foundation bad bm poured for:.'_ .:;:each of the lots in question and construction was proccoding when tha failure of the bank holding the martgages on the iota and the appoiitti=t of the FDIC as R=civer,forced an intenuptim in omtrwtion and litigation preventing fm d= work until it was resohred last month. By its appeal the Applicant regwsts that the Board overrule the decision of the Building r'om�o�er_ 05/31/95 10:47 0617 482 9710 LAW OFFICES 006/007 i The Town' of Barnstable '" Department of'Health Safety And Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Offt= 509-790-6727 Ralph Cross n Fan: - -6 Building Cemmimianer b4ay Z 1995 ; Mr.Floyd Silvia Silvia and Silvia 619 Main•Stred Cente:vr-Ur.,MA 02632 Re: Previously issued building perm s on Bay Lane,Centerville Dear Mr. Silvid: Please be advised that the following bujUng perrtaits are considered revoked due to not dtTrgently pursuing the coustruction authorized by the building permits issued in 1936. 1. Let"A", 485 Hay Lane, Centerville, Permit 930309, dated 12tl8/86 2, tot'C; 473 Bay Lane, Centet 41e, Permit #30307, dated 9118186 3. Lot"D",465 Bay Lane, Centerville+Permit 930308, dated 12/18/96 4. Lot'71447 Bay Lane, Centerville,Permit 930305,dated 12/I8/86 If you w4h 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 l3u0ing Cormnissioner RMCJ EXHIMIan •--- . CC Attorney Robert Baum - - DELYVHRED IN HAND Received By ti "I,Mco., 1 1 o. Z-bZ s�•�!r•I � �� iF, � •el 1 • Ir war o• 1, I ter• / •as` R I � G) , I J � / 1 � �t a •,\ ® ) 11• O � 7dO�• �� Wn'NnpL' - �+�'�••L f'i BI I-d �� A • .2-51 r-.T•T 1 ruvrn Z6• Vrz • \ -)Ira4 LG•1 1 1 r \i n Obl `�� "'�.�`' ' / / .j - o=) '► ~ Olt 7►y�• s° , �► '. �b►' � 77441 N3d0 �1 97 ° ,viol ON►a'S9 Tr1f• iTl'd4 \ ® \l l o°• o I'E 2-f Nedo 'w%e+ \ ce O c oto o �F lot o � Vw n 3 M (y•Oc 100E S-£ . 4k' .`-• a�oa Ir.ICI OL < l—a° `�\r �aq ••.fit' a _.�� '� � Yam•� ooq �'. s. t� 6L w .. '':©►:.. 4/ Jlr +ayr• � 11\ O\ / c•c•T �/ \ r =F 5.7.9C� r�•`rNs a• �� `.d�� \ qp Ob 4 l • 611 b �/ -- '�� •� a I ti Toms ar .8 Zoning Board of Ammm aC gavllcation for other Pavers Date Received hor office USM only: Tows cl,ark Office .appeal # /Y Hearing Data Decision Ace 1'?7 The undersigned hereby applies to the zoning Board of Anneals for the reasons indicated: Applicant l m so Beech Leaf Island, Inc. phone ou) 7751442 Applicant address; 619 Main Street, Centerville, MA02632 Property Location: 465 Bap bane, Centerville, MA This is a =$quest for: jI Eaforcemeat Action > ;floc appeal of ;*+;native officals recision ; (I xepvtit:,va Petitions jq= Appeal fret the zoning ndm ni trator t I Other Ceaeral Powers - •Bleame specify: Please provide the rolloKing Iaformaticu (as applicable): ' Property Owner: beech Leaf Island. Inc. , Phons (508) 775 11142 Add egg of owner: 619 Main Street, Centerville, MA, I2 applicant diffQrs f;om owner; state natusg of ,interest: Assessor's Map/Parcel m=bsr Map 1,97 1dr 1-5 zoning,n:0 i t Residential. D-1 - Croundwatez overlay District AP Which section(a) of the Zoning ordinance and/or of Mac chapter 40A are you . appealing to the zoning Board of Appeals? MM c. 40A, Sections 7,13 ,15 Eoistinig Level of Develop=ent of the Property - wuamber of Buildiriys: 0mtj;*t-ion it Present vse(s) :. vacant , crass Floor Area: HA sq. ft. TuM OF BARNSTABLE ! _ 31s"ist�+t'3 AD►,A01 BUILDING DEPT. D MAX, 3 S 199F, 8Io/ L� M La �� OTLB Z8b Li9$ LS dT S8/Is/50 � � � 1 � ��. I K; Apgli-cat3oa for Other Power Nate Description of Request: SEE A=A MD Attached separate aheet 11 needed. Is the property located in an Historic Distzictq It'yes o7H ttse Daly: Yes [f No [ R Pl= Review N=Mber Date Appravad Xs the building a designated Iistoric 7GandAwrk? Yes j 3 No [IX, If ye8 Historic Pre9ervation Delpaxtment lase Onl : Date Approved Has a bttUding permit been appUed for? Has the Suilding Inspector refused a pezm,itz Yea NX No [1 Has the property been before site Plan Review? Yea No 13 Yes [] No (] For Building De artment use only: Not Required - Single Family [I Site Plan Review Number Date Approved signature s The following information meat be subatitted with the application at the tequ� of filing, fai r lure to Supply this may result in a denial of your est; Three (3) copies of the completed appplicaticm form, each urit'h original signatures. Three (3) copies of all attachments as maybe re <~: Y before the Board and for clear unde=tandin of enured for starldiag g your appeal. The applicant may submit any additional supporting documents to assist the Board in making its determination. signature: Date: 5/31/95 4App �t: or Agenr•s SSgnaCurar Agents Address: .. Phone: 617 292-8877 ROSERT.L DAUA;ESQ. 50UMKSI-,MTHFL (617) 02-9710 fWON,MA GM. Fax No. 6T0/L00Ib saDIddo Airl OTL6 UT LT90 BC:ZI S6/TC/SO NATURE AND DESCRI MON OF REQUEST By letter dated bUy 2, 1995(copy attached as Exhibit A)the Building Commissioner *zcvoked"the building permits fir the remaining four lots of an approved open space devrJopmeut in.spite of facx brat several lots had previously bean completed and sold all septic systems lead been installed all utilities installed and the foundations had been poured befare the failure of the bank boidigg mortgages on the property and the appointment of the FDIC as the Auks Receiver forced au intmaption in consmuc tion.The Buildi og Commissioner repesbed that a new application with updated plans be st&nitted.A new application was immediat* submitted on beef of the applicant By letter of Mayl2, 1995 the Building Commissioner requested fiadw information for this lot and the others which had previously been approved under a Special Permit of the Plaon izig Board pu mzzit to the Zoning Bylaw.This information was provided with the letter of Applicant's legal counsel to the Building Commissioner dated May 19, 1995(altached as E..xl -W B).Although the Special Permit(attached as Exhibit C)lord specifically audwrizcd and approved the seven lot open space development and three lots had been completed and sold in reliance,the Building Commissioner denied he application by letter dated May 25, !995(attached as Exhibit D)based upon his determination efinsIIfficient tot size. By its appeal the Applicant mpicsts that the decision of the Building Commissioner be avcmuled by the Board 610/900 1M 930I3d0 AVII OTLB UP LT9$ 99:6I 58/Te/20 �ME The Town of Barnstable ',M ' Department of Health Safety and Environmental Services +' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 25,1995 Silvia and Silvia 619 Main Street Centerville MA 02632 Re: 465 Bay Lane, Centerville, MA Dear Mr. Silvia: I'm sorry to inform you that your application for a building permit for 465 Bay Lane in Centerville must be denied. The reason for this denial is the fact that your lot does not meet the minimum lot size requirements under zoning. Furthermore;I do not see any evidence*that you have preexisting non-conforming status under 40a Section 6 nor Barnstable Zoning Ordinance Section 4-4. You have the right to appeal this decision to the Zoning Board of Appeals. If you so choose, we will be more than happy to help you. Sincerely, Ralph M. Crossen Building Commissioner RMC/km cc: Robert Smith, Town Attorney /K ail Nightingale, Chairman, Zoning Board of Appeals Robert Schernig, Planning Director Attorney Robert Baum CERTIFIED MAIL P015 496.627 R.R.R. t Q950525A To= OF BARm5Tn8LR , Zoning Board of Appeals ; ✓ A�lication to petition for a Vh*-=Cc Date Received Pbr office Use only: Town clerk office f. Appeal I 19 _.. gearing (Date 1-12 95 r Decision Duo _ qvq zq, Ig9S' The =dersigned hereby applie .to � g aoai�a d of Appeals for a variance from the Zoning ordinance, in the cfuuea3fvr°reasons hereinafter set forth: Petitioner Name: Beech Leaf Island, Inc. , Phone (508) 775-1442 Petitioner Address: 619 Main Street, Centerville. MA . Property Location: 447 465, 473, 4Ai Raj Lane Cenci 1 e, MA Property Owner: Beech Leaf Island. Inc. Phone (50 .) • 775-144 address of owner: 619 Main Street Centerville rf petitioner diffars from owner, state nat=e of .interest. M=ber of Years owned: Assessor,s.xnp/Parcel W=ber: _Map:_-187 lots 3-3. 3-4, 3-5, & 3-7 Zoning District: RD-I Groundwater overlay District: AP variance Requested: Secticyn 3-D!aZrI6t - c1te. section 6 TIE& of the Sorting ordinance Description of variance Requested:relief fro he current m4nignim requirement for the remaining lots of a RravlQusly a o exx sj2ace developmmt for lots A C D and F on the attached Rla-n dated Defies Iion98 - �g q Pt o� the Reason and/or mead far the parlours: nr�, o the Lai ess uj d ze-su if the developme t c uld not. be, contnl.eted as orizinally _ autaorize y e 'town. Description of construction activity (if applicable): foundations. utilities__ and septic systems already installed under prior building permit. Construction needs to be co feted. !Existing Level of Development of the Property - Number o£ Buildings: 4 foundations. Present Use(s) : Vacant Gross Floor Area: IA sq.ft- proposed Gross Floor area to be Added: - N/A Altered: N/A . Ia this property subject to any other relief (variance or special Psrmit) from the Zoning Board of .appeals? Yes XX No [] .Zf yes, please list appeal numbers or applicant's name Beech Leaf 131and. Inc. 1 L� l7 L5 � n7--f r. �1'� • I _ Application to_ Peution for a variance Is the property Vithin a Sistoric District? Yes (3 no $T In the property a Designated Landmark? Yes (l Bo Far Bistoric Department Use only: Not Applircn 3A ....... ........ (3 0E8 Plan Revieer NU mber Date approved Signatures Have you app3-ied for a building permit? Yea n No j 3 Hag the Building =apectar refused a pest? (.for 465, Lot D) Yes jbi NO 13 All applications for a .varflwnce which proposes a change In use, new constractian, reconstruction,. aZterat,ions or expansion, eaeept for single or two-family dwellings, will require an approved site. Plan (sea Section 4- 7.3 of the Zoning Ordinance)- That.process should be completed po-i= to. aubmitting this application to the Zoning Board of Appeals. For Building Department Use onllX: ` Sot Required .:............... 13 site Plan Review wumber Date Approved signatures ., The followings information mast be submitted with the Petition at the time Of filing, Without aucli i Afornatian the Board of Appeals may deny your requent: Three (3). copies of the completed aIppll=tian Form; each with original signatures. • Five (5) copies of a certified property survey (plot plan) showing I the 44M nsions of the Iaad, all wetlands, water bodies, �-di aq roadwayg and the location of the existing iysprovements on the land. All proposed development activities, except single and two-family housing development, will require five (5) copies of a proposed site improvments plan approved by the site Plan Review Committee. This Plan must show the exact Location of all proposed imp -ov�ement9 and _ alterations on the land and to structures. see 'Couteuts of site Plan:" section 4-7.5 of the' Zoning ordinamce, for detail requirements. The petitioner may submit any additional supporting documents to assist the Board in asking its deterzLination. _ Signature: Data: 5/31195 P alter or 19rent�9 Signature Agents gddroes: ROhert J- Bacan_ P_C_. Phone: (617) 292-U77 50 Milk Street 20th F1. Fax Ra-(617) 482-4710 Boston, MA 02169 OT0/600 In MUM Irl OTLB M LT90 LC:ZT S6/TC/20 4 �W A f Town The ,.�� . o Barnstable M& ��' Department of Health Safety and Environmental Services Ma+" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227aln}?Crossen 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 Mr. 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 2. Lot"C", 473 Bay Lane, Centerville, Permit#30307, dated 9/18/86 3. Lot"D", 465,Bay Lane, Centerville,Permit#30308, dated 12/18/86 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. Town of Barnstable of Planning Department 's „A STA.,U 's Staff Report -Appeal No. 1995-81, 82 & 83 ` �� Beech Leaf Island, Inc. Date: July 06, 1995 To: a `f Appeals From: Jacki Etsten, Principal Planner Applicant & Owner: Beech Leaf Island, Inc. Property Location: 447, 465, 473 and 485 Bay Lane, Centerville, MA Assessor's Map/Parcel: Map 187 - Parcels 3-3, 3-4, 3-5 and 3-7 Zoning: RD1, Residential D-1 Zoning District Applicant's Request: Appeal No. 1995-81 -- appeal of 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 Appeal No. 1995-82 -- appeal of the May 25, 1995 decision of the Building Commissioner to not issue a building permit for a single family dwelling on a lot that the commissioner has ruled does not meet the lot area requirements of the Zoning Ordinance Appeal No. 1995-83 -- Variance to Section 3-12(5) Bulk Regulations for minimum lot area requirements for the remaining four lots of an open space subdivision Summary of Planning Board File - Beach Leaf Landing at Scudder Bay December 7, 1984 Board of Health approves a "Preliminary subdivision of land" Cape Cod Survey consultants, Dated October 12, 1994 Job#03-1291-03 .February 11, 1985, ANR plan disapproved by Planing Board, states that lots do not met zoning, need Special Permit under Section T of the Zoning Ordinance. February 14, 1985, letter from Arlene Wilson, stating please find attached request for Special Permit and to include with Form A and plans previously filed (Form A is an ANR application form) i February 20, 1985, application form received by Planning Board for Special Permit, signed by Albert Schulz, for Silvia and Silvia, Notice of public hearing references a subdivision plan, and Section T of the Zoning Ordinance. Does not mention a Special Permit is involved - notice is faulty? March 11, 1985, public hearing on application March 25, 1985, Planning Board approved the subdivision plan and granted a Special Permit under Section T of the Ordinance. Letter dated March 27, 1985, signed by Paul Brown. Plan date is incorrect, the approval of the Special Permit references a plan dated January 29, 1985; the plan endorsed by the Board is dated . A later Special permit was filed at the Registry of Deeds referencing a plan date of March 5, 1985. March 20, 1985, date of approval of Board of Health of plan drawn by Cape Cod Survey Consultants, date Jan 29, 1985,job#03-1291-03 April 1, 1985, date of decision which was filed at the Registry of Deeds, Aune Cahoon signed "no appeal.." July 3,1985. Decision is different than the letter dated March 27, that was filed originally at the Town Clerk's office. Also signed by Paul Brown. Other Notes Section T of the Ordinance: Section 7L states that the development shall comply with all other provisions of the Subdivision Rules and Regulations. The only development that the subdivision rules and Regulations regulate is the construction of roads. Section 10 - "In addition to the materials normally required for the submission of a preliminary plan under the Subdivision Rules and Regulations, the ........ Section 10B states that 'Within 60 days of after the receipt of preliminary materials ....the Planning Board shall give its approval..... (60 days use to be the approval period for a preliminary subdivision plan) Section 10D states that applicants should file and Definitive development plan in conformity with the Subdivision Rules and Regulations ..... "in addition to the.materials submitted for definitive subdivision plan, the ......... " 10E Hearings for special permit may be held simultaneously with "subdivision review hearings" No hearing is required for an ANR. According to a Planing Board member who joined the Board at about this time, it was discussed at a later date that ANRs should not be accepted again for this type of development because they cannot condition an ANR To their knowledge, this was the only Open Space development done with an ANR. In the time that I have worked with the Planning Board, an open space development has never been submitted or approved with an ANR. J. Etsten CONCLUSION: Section T requires the submission of a preliminary subdivision plan later followed by a definitive subdivision plan. The ANR was neither. Special permit Is only valid for two years (Section 3-7(11)(A) of the Zoning Ordinance, Open Space parcel, map 187 - parcel 3-1: Section T of the ordinance requires that the open space parcel be deeded either to the town, to a non-profit corporation , the principal purpose of which is conservation of open space, or to a corporation or trust owned by the owners of the lots in the subdivision. According to the Assessors records, it appears that the open space parcel is still owned by Ronald and Floyd Silvia, Trs. If this is the case, this is a violation of Section T, and the Special Permit. Such a violation strikes at the most important concept of the Open S pace residential provisions -ensuring that the open space parcel stays as such in perpetuity. A copy of the deed of this parcel is needed. A notice has been placed in the Planning Board file stating that no Building Permit sign-off should be given on this parcel. February 14 1985 February 20, 1995, filed petition for Special permit March 11, 19985 Public Hearing March 25, 1985 approved Special Permit i ! � ' i 4 +i l 1 r 4 f ` -` l �.`-.... ;-ter^.:- --- -... ..�.� _. .�_.�,..;..,. _...-. - ... r - R'E I RECEIPT # : 1995 P RI 20246 BARNSTABLE COUNTY REGISTRY OF THU 8/24/95 11 : 23 :48 DEEDS hGIiOn CUSTOMER ; N/A t,A i'Cri ------------------------- PAGE : I BOOK-PAGE : -9811 226 " INSTRUMENT # : 42171 RECORDING FEE ; - RECORDING DATE : THU 1995-08-24 11 : 19 POSTAGE : uu ADDRESS : BAY LANE MARGINAL REF FEE . CONSIDERATION : . 00 COPY FEE : k • u0 TOTAL AMOUNT DUE : 1632- .00 COUNTY EXCISE : PAID BY : CHECK STATE EXCISE ; . u0 ----2646 . 00 ------------- GTOR/GTEE GROUP : 001 ---------------- TOWN : BARN BARNSTABLE INSTRUMENT: N NOTICE OR CAVEAT GRANTOR : DESCRIPTION : BAY LN CENTERVILLE GRANTEE : TOWN : BARN BARNSTABLE MARGINAL REF BOOK-PAGE : 80811 y INSTRUMENT : N NOTICE OR CAVEAT GRANTOR : DESCRIPTION : BAY LN CENTERVILLE GRANTEE : TOWN : BARN BARNSTABLE MARGINAL REF BOOK-PAGE : 8081 60 INSTRUMENT: N NOTICE OR CAVEAT GRANTOR : DESCRIPTION : BAY LN CENTERVILLE GRANTEE : MARGINAL REF BOOK-PAGE : 8081 014 TOWN : BARN BARNSTABLE INSTRUMENT: N NOTICE OR CAVEAT GRANTOR : DESCRIPTION : BAY LN CENTERVILLE GRANTEE : MARGINAL REF BOOK-PAGE : 8081 _in GRANTORS : BEECH LEAF ISLAND INC (&0) BARNSTABLE TOWN OF (APPEALS &0) 3RANTEES : NONE RECORDED ------------------------- ZETURN ADDRESS : A M WILSON ASSOC INC---------- -- ^-- 911 MAIN ST OSTERVILLE MA 02655 _,:WA N SILVIA & SILVIA ASSOCIATES, INC. EXPLANATION AMOUNT -- v CUSTOM BUILDERS AND DESIGNERS 2546 .mimu'r*619 MAIN ST. CENTERVILLE, MA 02632 Y 5-255-110 AAOUNT ,j CZ �� DOLLARS CHECK DATE TO THE ORDER OF DESCRIPTION CHECK AMOUNT NUMBER WAINWRIGHT BANK & TRUST COMPANY 01 BOSTON, MA 02110 11■00 2 51, 6111 1:0 1 100 2 5 50II: 70 O LOB 9 7 711, t Zoning Board of Appeals-Decision and Notice Appeal No.1995-83 Beech Leaf Island,Inc. Town of Barnstable - Zoning Board of Appeals,-.'., Decision and Noticb Appeal No. 1995-83 Beech Leaf Island, Inc._ Variance to Section 3-1.2(5) Bulk Regulatiorts Nlin rnift 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 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 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. 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. 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 ( ) 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: 1.11Their shall be.no expansion of the building footprints beyond the existing foundations. 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. 06,1 XLL4 Z 6 G4 Nightingale hairman Date&gned F 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 Pf the Town Clerk. Signed and sealed this day of 9' thre'pains and penalties of perjury. /11w li�W. Linda Leppanen,Town Clerk r PAR: R186 015.001 : R186. 015.002 ; PAR: 1186 085. KEY: 106691 TAX CODE:300 106708 TAX CODE:300 KEY. 107495 TAX CODE:300 PIACDONALD* MICHAEL K & GRAHAM, ROLLA R & RITA R MOGAN* FRANCIS E & MACDONALD* CAMERON M 352 CHURCH STREET MOGAN* M. LEAH 420 BAY LANE CLINTON MA 01510-0000 16 COVE ISLAND RD. CENTERVILLE MA 02632-0000 CENTERVILLE MA 02632-0000 PAR: R186 084. PAR: R186 090. PAR: R186 073. KEY: 107486 TAX CODE:300 KEY: 107538 TAX CODE:300 KEY: 107360 TAX CODE:300 TERZOPOULOS* CHRISTOS E & HORTON, DEREK J & GRACE M HARRISON# VIRGINIA 6 TERZOPOULOS* BARBARA S 57 THORNEERRY LANE RFD 2 ATT:HARRIET STONESIFER CENTERVILLE MA 02632-0000 CHARLES CITY VA 23030-0000 155 MITCHELL ST WEST ORANGE NJ 07052-0000 PAR: R187 081. PAR: R187 003.005 PAR: R187 066. - KEY: 108332 TAX CODE:300 KEY: 327827 TAX CODE:300 KEY: 108181•TAX CODE:300 SILVIA & SILVIA ASSOC INC BEECH LEAF ISLAND* INC JOHNSON* ROBERT H 619 MAIN ST 619 MAIN ST. JOHNSON* GRACE E CENTERVILLE MA 02632-0000 CENTERVILLE MA_ 02632-0000 456 SAY LANE CENTERVILLE MA:02632-0000 PAR: R187 072. PAR: R187 065. PAR: R187 073. KEY: 108243.TAX CODE:300 KEY: 108172 TAX CODE:300 KEY: 108252 TAX CODE:300 FOWLER• PAUL M & SHEILA A 6ILMOREP JEREMY:F & SUSAN:T OWENS* ROBERT J TRS & 8 PINE BLUFF ROAD 464 BAY LANE . HATES• JAMES P BREWSTER MA 02631-0000 CENTERVILLE MA 02632-0000 BEECHILEAF REALTY TRUST 50 CONGRESS ST RnSTAN NA n2ino-nnnn PAR:"R187 064. PAR: R187 057. PAR: R187 056. KEY: 108163 TAX CODE:300 KEY: 108092 TAX CODE:300 KEY: 108083 TAX CODE:300 BAFARO* ALFRED C & JOAN C CLOUTIER* ANDREW F & KIM T DELORENZO* A DARIN 492 BA'T LN 503 BAY `LANE 44,NOBSKA ROAD CENTERVILLE MA 02632-0000 CENTERVILLE MA 02632-0000 WOODS.HOLE. - MA 02543-0000 PAR: R187 055. PAR: R187 073. PAR: R187 058. KEY: 108074 TAX CODE:300 KEY: 108252 TAX CODE:300 KEY: , 108109 TAX CODE:300 KARR* PAUL J .& NANCY. OWENS* ROBERT J 'TRS & BESSE* CHARLOTTE H* TRUSTEE P 0 BOX 1541 HATES* JAMES P • If COVE ISLAND RD OUXBURY MA 02332-0000 BEECH LEAF REALTY:TRUST OENTERVILLE MA 02632-0000 50 CONGRESS ST RORTQN ._ MA n7ino-nnnn PAR: R187 061. PAR: R187 004. PAR: R187 003.006 KEY: 108136 TAX CODE:300 KEY: 107592 TAX CODE:300 KEY: 327836 TAX CODE:300 GORDY* MINOS T & JEANNE M BIRDSEY* BARBARA U TR SCHERER* HAROLD N JR & 40 COVE ISLAND ROAD ORENDA REALTY TRUST . SCHERER# PATRICIA C CENTERVILLE MA 02632-0000 203 S ORLEANS ROAD 467 3AY LANE . ORLEANS. • MA 02653-4009 CENTERVILLE-, NA 02632-0000 PAR: R187 003.008 PAR: R187 003.002 PAR: R187 002. KEY: 352040 TAX CODE:300 KEY: 327792 TAX CODE:300 KEY: 107574 TAX CODE:300 MARCHAL* PATRICK 8 DEBORAH SMITH* STEWART & MARILYN TR . FAVAT* PETER P 463 BAY.LANE SMITH"REALTYiTRUST. 855 BOYLSTON STREET CENTERVILLE MA 02632-0000 459 BAY LN BOSTON MA 02116-0000 CENTERVILLE MA 02632-0438 PAR: R187 003.001 PAR: 'R186 085. PAR: R186 084. KEY: 327783 TAX CODE:300 KEY: 107495 ,TAX-CODE:300 KEY: 107486 TAX CODE:300 SILVIA* RONALD J & MOGAN* FRANCIS E 9 TERZOPOULOS* CHRISTOS E 9 SILVIA• FLOYD J TRS MOGAN* M. LEAH TERZOPOULOS* BARBARA S BEECH LEAF LANDING.- 16 COVE ISLAND.RD •.ATT:HARRIET STONESIFER 619 MAIN ST CENTERVILLE MA .02632-0000 . 155 MITCHELL ST CFNTFRVTLIF NA n7Al?-nnnn YFCT OR�MGF NJ n70S7—nnnn PAR: R_186 073. KEY: 107360 TAX CODE:300 HARRISON, VIRGINIA G RFD 2 . [HARLES CITY VA 2 3030-0000 #/WJ 6 9/ PAR: R187 066. PAR: R187 072. KEY: 108181-TAX CODE:300 - KEY: 103243 TAX CODE:300 JOHNSON• ROBERT H -•FOWLER• PAUL M 9 SHEILA A JOHNSON• GRACE E 8 PINE BLUFF ROAD 456 BAY LANE BREWSTER MA 02631-0000 CENTERVILLE MA.02632-0000 PAR: R187 065. PAR: R187.073. PAR: R187 064. KEY: 108172 TAX CODE:300 KEY: 108252 TAX CODE:300 KEY: 108163 TAX CODE:300 GILMORE• JEREMY F 6 SUSAN T OWENS• ROBERT J TRS 9 SAFARO• ALFRED C 6 JOAN C 464 BAT LANE HATES* JAMES P 492 SAT LN CENTERVILLE MA 02632-0000 BEECH LEAF REALTYITRUST CENTERVILLE MA 02632-0000, 50 CONGRESS ST _ RnSTnw.. mA n»no-nnnn . PAR: R187 077. PAR: R187 067. PAR: R187 057. KEY: 108298 TAX CODE:300 KEY: 108190 TAX CODE:300 KET:, 08092"TAx CODE:300 HEROLD• RICHARD 8 MARIE WILLIAMS• ROBERT A CLOUTIER• AMDREW F i KIM'T 22 BEECH LEAF ISLAND RD WILLIAMS• SHIRLET:A 503 SAY LANE CENTERVILLE MA 02632-0000 504.BAT LANE CENTERVILLE MA 02632-0000 CENTERVILLE MA 02632-0000 . PAR: R187 056. PAR: R187 068. PAR: R187~ 082. KEY: 108083 TAX CODE:300 KEY: 108207:TAX CODE:300. KEY: 108341 TAX CODE:300 DELORENIO• A J DARIN BUTLER• .PATRICK.M 8 SUSAN VIA i SILYIA_ASSOC INC 44 NOBSKA ROAD 522 BAY LANE SIL SIL 619 MAIN ST. WOODS HOLE MA 02543-0000 CENTERVILLE MA 02632-00001 CENTERVILLE MA 02632-0000 PAR: R187 055. PAR: R187 058 f KEY: 108074 TAX CODE:300 KEY: 10 8 1 09 PAR. R11 '061. �TAX CODE:300 KEY: 108136 TAX CODE:300 KARR• PAUL J 8 NANCY BESSE• CHARLOTTE He TRUSTEE GORDY• MINOS T 8 JEANME M P 0 BOX 1541 19 COVE ISLAND RD 40 COVE ISLAND ROAD DUXBURT MA 02332-0000 CENTERVILLE MA.02632-0000 CENTERVILLE MA 02632-0000 PAR: R187 004. PAR: R187 003.006 PAR: R187 003.008 KET: 107592 TAX CODE:300 KEY: 327836 TAX CODE:300 KEY: 352040 TAX CODE:300 • BIRDSEY• BARBARA U TR SCHERER• HAROLD N JR i MAR@HAL. PATRICK 6 DEBORAH ORENDA REALTY TRUST SCHERER• PATRICIA C 463 BAY LANE 203 S ORLEANS ROAD 467 BAT LANE CENTERVILLE MA 02632-0000 ORLEANS MA 02653-4009 CENTERVILLE MA:02632-0000 PAR: R187 003.002 PAR:- R187 002. PAR:'R187 003.061 KEY: 327792 TAX CODE:300 KEY: . 107574 TAX CODE:300 KEY: 327783 TAX CODE:300 SMITH, STEWART 8 MARILYN TR FAVAT• PETER P SILVIA• RONALD J 8 SMITH REALTY TRUST -855 BOYLSTON STREET SILVIA• FLOTD J TRS 459 BAY LN BOSTON MA 62116-0000 BEECH LEAF LANDING CENTERVILLE MA 02632-0488 619 MAIN ST --, -- [FMTFYVf1LF _Ml_n2AR7-nnnn NO 7hD OF - c,. ...•.Q t rBB�813TAB� - To - _..... ... C�NEAg1pC UNpNG BpM_ LOM F� ona.d �� ':: rVLY 1 ER�s APPEALS 1 APPEAL Yeu an re Laws of th or ad by the �`• .� !!CE } James T,p0. t995-78�pby efled : .�ofM �fAppeals,underr :•X 1.4(S)of the rldna has petltlob dos . •-: chusetts end� .of e8a sideline for areae Ordi ed the Zonln a erfd Respa►ce1009;end 1 b t e►eBulkRegulsd��Of APPeat s for l/a! ldena�F 1a rg9�+tred. The Setbacks to e�nce.to APPEAL HEARING a h'eddrea�a 1 to shoe garage 13,9feet ircrn on 3• OREI�N0..1998-7 WILL BEHEW ' .. : Geraldine R on�Aeesaor'8 Map 040 , Pte�Oclate's Inch REAsa•o•_teNTHIS'PER1lOW � ., ►n a RF not to is �'Sectl 7 aPpea1eed ttO th�,7 Imo' •'t1:• AT 7.30 P;M•:'' ;. ..: 19,21.23 afgle.ibmi $end IStheM�orringgoerdof the 1 acre and25 bu!lding Pennita ay9 1998�al peels In ' requi Uing or j310 on of the °bents °fg bene8ta ^went of the gCO^ laWonerhe nUmbe Butldtn cep MGL the affobed to nrl and 1..3.S 9 ssl is shownng 0 ur. rMGL C4pie; ance and ad�t the un 7.9.i t, 13.IS �jr •" ehd On'4ssnence ^e. . r40q,Sects theyd°not �edlots donot 2S end is c seta Map 1 Pact to man °n 8nordo the have the'gmn 'neat A PUB Res►den�lYaddressedegparcel3 LLts 1 31�►�-conforml ereyw ments APp L HEARING Zorrle9 Dl Falit ( S•7 9, 11 13 Lots IS The pope Genet 199S-aa G BE H�ON. Lane(offq�m pie), 17 19.21.23 ModiR Mips Re tozan mere!MAIs 7NIS p' Oste►wile '►rods cation of 3staurent,.Inc has Raeteu.�ONAT 7:45 p andl�uOnrequestisto Pe'"t No 'appealed to Zwl1Lobster)M ge area .The tOPemut re '� for.a ng Boaro Onlyaddres ran isnwdeling 1.ISOs COnd►tonal Use of'APPeals for a'. . and 8usthe sedan 1(>g3 ahoy on 9e►efeetof Rester q PUBLIC Zoning Di IYanp R A�"We the►estau rent. The APP HEARING sbMLLlcE.;;, 0ed.11l'annls, INaP 294,as p rantfora � dBeech 1 1�5-81sknd. . ON THISgpp . MAInaHBaridBHighwe;%and is s eftioPermits for of.the BWI Its appeal ,.h Leaf Inc. E'�AT 8:00 P M. Anse for the n39 ad to the Zonl 1 :. . 488, 73 a Map 187atnln9 lots 6f.aDoer to^�►'ok n8 BOf A PUBLIC and 485 as parcels 3 3.°pen space su four prewoual),APPeela the May 2, 1.998 UCH Bay Lane 3.4,3.8 end lslon• The issued 1986 bull APp�NO EAR►NG Lane 8 CenteMlle Mq to •end la property!s ding gg Beech '995.82 E HELD O' a RD-1 comet -ty add shown on 1 dwep�o Leaf f��Baillnc.►as hLe Island. p�1T10N AT said_IS P i.Ing a can 447 of ng on a lot ►ding gym! ed to the Zonln bit the Zoning O lhatthe commi asloner to not 1 g Board ofandi ,q�peal rc Distn conunonlyad a• ThepBalonerheweddceabupdtn9 Pe s the May 2S 199S . A PUBS _. arias 486S Bay- s ahoyOr, t Aftmeat t f r slnple f APp NOEMING by�(�t�� :. �eYLene,Cen�IIsesaor<s Map 187. 8 area We Beech 1 BEHELp ON `" ;;iMAinaAa Redd Parcels 3-S btsofen-121land n( Inhe c edl dlc P7 ONAT8;?0 pM_ .. . ant, ;.: . 3-3,3.4,�napacesub lj*di laton. orminlrrw Z°nIn Bow .:. .: 1 CenervUle nand 7•ed 1 n.Thep►opertyla hn�m .Appals for Varian UC RD.1 COmn10n1Y a °Wn on n�forthe ce to .These Public�l�G ALL BE H n�Zonl�pl�as 447 as''s Map 187�ning four Main Street gs will be held ON THIS abet 473 end parcels .e aPPlicatJeB' HYa"►us..Me be theFI pETITIOI�FgT :" Bay Lane, Depa,tmat•2r 3p South Srevie at tI� M edne �nd qOar.New T. . _ t,HYennls, 0 8oeb ofaday 1y 12. 1995 °wn Flail,367 . Mq - Ap All plan Gal Peal Th 1 e .. . a Jae mateble paWot : Night, �tmv. . Mice,!n the P►an d 8 July t3, 1998 ZONING BOARD pF APPEALS f PAR: R186 015.001 : R186 015.002 . PAR: -186 085. ' KEY: 1,36691 TAX CODE:300 106708 TAX CODE:300 KEY. 107495 TAX CODE:300 uMiACDGNALD. MICHAEL K & GRAHAM. ROLLA R & RITA R MOGAN. FRANCIS E & MACDONALD. CAMERON M 352 CHURCH STREET MOGAN• M. LEAN 420 BAY LANE CLINTON MA 01510-0000 16 COVE ISLAND RD. CENTERVILLE MA 02632-0000 CENTERVILLE MA 02632-0000 PAR: R186 084. PAR: R186 090. PAR: R186 013. KEY: 107486 TAX CODE:300 KEY: 107538 TAX COOE:300 KEY: 107360 TAX CODE:300 TERZOPOULOS• CHRISTOS E & HORTON• DEREK J & GRACE M HARRISON. VIRGINIA G TERZOPOULOSP BARBARA S 57 THORNEERRY'LANE RFD 2 ATT:HARRIET STONESIFER CENTERVILLE MA 02632-0000 CHARLES CITY VA 23030-0000 155 MITCHELL ST WEST ORANGE NJ 07052-0000 PAR: R187 081. PAR: R187 003.005 PAR: 9187 066. KEY: 108332 TAX CODE:300 KEY: 327827 TAX CODE:300 KEY: 108181-TAX CODE:300 SILVIA & SILVIA ASSOC INC BEECH LEAF ISLAND. INC JOHNSON. ROBERT H 619 MAIN ST 619 MAIN ST JOHNSON# GRACE E CENTERVILLE MA 02632-0000 CENTERVILLE MA 02632-0000 456 BAY LANE CENTERVILLE MA 02632-0000 PAR: R187 072. PAR: R187 065. PAR: R187 073. KEY: 108243.TAX CODE:300 KEY: 108172 TAX COOE:300 KEY: 108252 TAX CODE:300 FOWLER,, PAUL M S SHEILA A GILMORE. JEREMY.F & SUSAN:T OWENSP ROBERT J TRS & 8 PINE BLUFF ROAD 464 BAY LANE HATES& JAMES P BREWSTER MA 02631-0000 CENTERVILLE MA 02632-0000 BEECH;LEAF REALTY TRUST 50 CONGRESS ST Rn&TnN Ni n»no-nnnn PAR: R187 064. PAR: R187 057. PAR: R137 056. KEY: 108163 TAX CODE:300 KEY: 108092:TAX CODE:300 KEY: 108083 TAX CODE:300 BAFARO. ALFRED• C & JOAN C CLOUTIER. ANDREW F & KIM T DELORENZO• A DARIN 492 BA'Y LN 503 BAY LANE 44.NOBSKA ROAD CENTERVILLE MA 02632-0000 CENTERVILLE MA 02632-0000 WOODS HOLE. NA 02543-0000 I PAR: R187 055. PAR: R187 073. PAR: R187 058. KEY: 108074 TAX CODE:300 KEY: 108252 TAX CODE:300 KEY: 108109 TAX CODE:300 KARR. PAUL J & NANCY. OMENS• ROBERT J 'TRS & BESSE. CHARLOTTE No TRUSTEE P 0 BOX 1541 HAYES• JAMES P 1i COVE ISLAND RD DUXBURY MA 02332-0000 BEECH LEAF REALTY:TRUST 9ENTERVILLE MA 02632-0000 50 CONGRESS ST RncrnN :.. Na n»no-nnnn PAR: R187 061. PAR: . R1.87 004. PAR: R187 003.006 . KEY: 108136 TAX CODE:300 KEY: 107592 TAX CODE:300 KEY: 327836 TAX CODE:300 GORDY• MINOS T & JEANNE M BIRDSEY* BARBARA U TR SCHERERP HAROLD N JR & 40 COVE ISLAND ROAD ORENDA REALTY TRUST , SCHERERi PATRICIA C CENTERVILLE MA 02632-0000 203 S ORLEANS ROAD 467 3AY LANE ORLEANS ... MA 02653-4009 CENTERVILLE NA 02632-0000 PAR: R187 003.008 PAR: R187 003.002 PAR: R187 002. KEY: 352040 TAX CODE:300 KEY: 327792 TAX CODE:300 KEY: 107574 TAX CODE:300 MARCHALo PATRICK & DEBORAH SMITH• STEWART & MARILYN TR FAVAT. PETER P 463 BAY.LANE SMITH REALTY'TRUST 855 BOYLSTON STREET CENTERVILLE MA 02632-0000 459 BAY LN BOSTON MA 02116-0000 CENTERVILLE MA 02632-0438 PAR: R187 003.001 PAR: R186 085. PAR: R186 084. KEY: 327783 TAX CODE:300 KEY: . 107495 TAX CODE:300 : KEY: 107486 TAX CODE:300 SILVIAP RONALD J & MOGAN. FRANCIS E & : TERZOPOULOS. CHRISTOS E & SILVIA, FLOYD J TRS MOGAN• M. LEAH rERZOPOULDS• BARBARA S BEECH LEAF LANDING 16 COVE ISLAND RD- ATT:HARRIET STONESIFER 619 MAIN ST CENTERVILLE MA .02632-0000 . 155 MITCHELL ST f.FNTFRVILIF MA n?Aw-nnnn WF9T nRAWAF Nj n7n57-nnnn PAR: R_186 073. KEY: 107360 TAX CODE:300 HARRISON. VIRGINIA G lqa RFD 2 CHARLES CITY VA 23030-0000 V PAR: R187 066. PAR: R187 072. KEY: 108181 TAX CODE:300 KEY: 108243 TAX CODE:300 JOHNSON* ROBERT H -.FOWLER* PAUL M & SHEILA A JOHNSON# GRACE E 8 PINE BLUFF ROAD 456 BAY- LANE BREWSTER MA 02631-0000 CENTERVILLE MA 02632-0000 PAR: R187 065. PAR: R187.073. PAR: R187 064. KEY: 108172 TAX CODE:300 KEY: 108252 TAX CODE:300 KEY: 108163 TAX CODE:300 GILMORE* JEREMY F & SUSAN T OWENS* ROBERT J TRS i dAFARO* ALFRED C & JOAN C 464 BAY LANE HAYES* JAMES P 492 dAY LN CENTERVILLE MA 02632-0000 BEECH LEAF REALTY!TRUST CENTERVILLE MA 02632-0000. 50 CONGRESS ST RARTAN.. IU n»no-nnnn . PAR: R187 077. PAR: R187 067. PAR: R187 057. KEY: 108298 TAX CODE:300 KEY: 108190 TAX CODE:300 KEY: 108092 TAX CODE:300 HEROLD* RICHARD 8 MARIE WILLIAMS, ROBERT A CLOUTIER* ANDREW F Y KIM'T 22 BEECH LEAF ISLAND RD WILLIAMS* SHIRLEY!A 503 dAY LANE CENTERVILLE MA 02632-0000 504 BAY LANE CENTERVILLE MA 02632-0000 CENTERVILLE MA 02632-0000 PAR: R187 056. PAR: R187 068. PAR: R187 082. KEY: . 108083 TAX CODE:300 KEY: 108207:TAX COD£:300, KEY: 108341•TAX CODE:300 DELORENZO* A J DARIN BUTLER* .PATRICK.M E SUSAN SILVIA i SILVIA ASSOC INC 44 NOBSKA ROAD 522 BAY 'LANE 619 MAIN ST. WOODS HOLE MA 02543-0000 CENTERVILLE MA 02632-0000 CENTERVILLE MA 02632-0000 PAR: R187 055. PAR: R187 058. KEY: 108074 TAX CODE:300 KEY: 108109•TAX CODE:300 PAR: R187 061. KEY: 108136 TAX CODE:300 KARR* PAUL J 8 NANCY BESSE* CHARLOTTE No TRUSTEE GORDY* MINOS T 8 JEANNE M P 0 BOX 1541 19 COVE ISLAND RD s 40 COVE ISLAND ROAD DUXBURY MA 02332-0000 CENTERVILLE MA- 02632-0000 CENTERVILLE MA 02632-0000 PAR: R187 004. PAR: R187 003.006 PAR: R187 003.008 KEY: 107592 TAX CODE:300 KEY: 327836 TAX CODE:300 KEY: 352040 TAX CODE:300 BIRDSEY* BARBARA'U TR - SCHERER* HAROLD N JR i MAR@HAL. PATRICK i DEBORAH ORENDA REALTY TRUST SCHERER, PATRICIA C 463 BAY LANE 203 S ORLEANS ROAD 467 BAY LANE CENTERVILLE MA 02632-0000- ORLEANS MA 02653-4009 CENTERVILLE MA 02632-0000 PAR: R187 003.002 PAR: R187 002. PAR:'R187 003.001 KEY: 327792 TAX CODE:300 KEY: 107574 TAX CODE:300 KEY: 327783 TAX CODE:300 SMITH* STEWART 8 MARILYN TR FAVAT* PETER P OTD NALD J g SILVIA* RO SMITH REALTY TRUST 855 BOYLSTON STREET SILVIA* F J T RS CENTERVILLE MA 026320488 459 BAY Lk BOSTON MA 02116-0000 BEECH LEAF LANDING CENTERVILLE •'619 MAIN ST — r.swrcovuis _NA_n2AA>-nnnn NO pV U N�,ULe Z C,EIF-"MQ UgpNG BOARD OF P' �.dee��TO pan, Y. R`tV�Y1Z�ggs?01YI AQ thereto.You re Laws Of to Or affeClad by the .`�--..:..: i•- .� 1 4Af Cg 1; A-JaPPEAL NO. 1 �'notlfiad COn on►v�1 Board o f 1.4(5)oflherkns 1>es P e .: : ' of M et asr�d epr$�c.' 11.of the sideline Z°^fngOrdinance��the Zonln <±ft' ndrnerits ' as Pan; whe►ea8 15 •Bulk Rare g Boefd of Residentlal Fel es•and!s cO feet 'Ired The ps��,�t,��" cap r a�ja ae to A PUBUC Zoning D,atri �'addre ?ro 'T is sh Oon arege 1 Secton 3. APPEAL No WILL . .as 12 Geraidine A on As s9feet from OREA,,, �79--OR BEHELD ON . pad, Cotes 040 gates 1n THIS P t M�4- a . �ePterq has appeal s..1nc ��ON AT 7:30 p ,.�:•.;:,..:.. RF not t0 lasu@ 7$ ed t0 tit. r 0aafn�tlOng and 15, th 4 Ing .,,.., tl�e?1.23and25 iYbuildin theM1 ,9S 0f g aY9.1995 Appeals in acre The BuUdio mots for 13 deciston of_ �o►dence �'beneR re9uirernent of g COA�nlsafcner lots nurr�e 1h@ Building with MGL 0f the Zonl�aff�d@d lrhe Zcning p�n� ruled f gat red 7..3.5,7,9 1O'1°►nnYssianer . Is t ng Ordi MCL ce and the unders 13 1 o►M nance 01apterq thatch lzedb 517, and 2S, °n Assessor's f respect to SectlOn 6 nory d°not have is do not meet . Ina RC,Ae corn* aP 144,as peon 4.4 5 theYrnee grandfather. t A PUBUC H antis►CZarun ressedas Falp Lots Leaf1,3I�o5n 9�nning Lots requirements v Gene I Wo. ,9g1 NG ALL BE� (off,gcom p�,e)5. 17, 19 2�4 w Moclifica mill O fRes�G I Mins etsul� .ON AT 7:4 i:.�sterype Ma ... modiR S has. L, (R 5 P.M. and I �tlon re9uest�� PemNt No. Pealed to ,,e ed Lobster) _ • s,. _ °urge a tOPemu994 04 ZcnIn d gush was The Pro nY is shOwn remodeling1.1�Square f Re Appeals f�a A ssZonl �lyen °nAase feet errant i PUBUC H ng District ;.°Ugh ROad, saw's Map 294 Restaurant. fora The r; APPBeech EAL NO II 95.81W1LL BE NE1 D,pN 11Yennis.MA in a HB B H arcel pq2�a k decisionLeaf►sland.�hBeeclhas I LBefl THiS APPEAL ghwaYBusiness Permits Of.the Bulldin appealed�•In, AT8.00 P.M. - Assesso�M remairri g'.. ommiss(or>e°�Zoning Bow of 465 473 P 187.as Ots of.a - n9vok@ four Appeals A PUBUC d 485 Bay Parcels 3-3.3 4,3.sPac@ subdtvlsi reKouslY tssu� Y 2. 1995 . pen APPEALNO 1EI�G 8terv(Ile.Aqq e RD.and tsn- TheProperty is sh1986 own t decision off Island,1, Beech Leaf Oiv THIS P AN@afden �^ddfeasedas 447, of the Build, AT tad 1 nc. AT 8i 15 P,M g District. dwelling O _ g one lot that ng Con'rrnfssl the Zoning of the Zen the Oner to n g Board of andiscornm�Ordinance Th nr..70�erhas N ssP@ bwldMg pePeals the M8Y 25, Dishict. IYaddre3 PrOpe is ed does not nails for 1995 AP()BUC.`..: sedas4g5Be shOwrt.onAssess—- tthelot.a�a single faintly . c� 0 r-quire �IN�G3byl(��BI NH O La^s Centervill@c MA in a RQ I R I as 3-5 Section 3_af d. lnc,haaa THIS p ON lots 0fan 1.2(5)Bulk R aPPealed t d Inc. ..,. . AT 8:20 P M. ,Zoning 3-3 °Pensp� @9ulatons fur the Zonfn -.;,y:;.:•;_.i:,,. ." 1 3-4or ,3.5 and su vlston minimum lot I g Board of P BUC HtervilleEARING the o a RD s conun°nh'a fsshn�ree ntjr� rea.Va►iance to AP .These EARiNG sidentlal ddressed sots rnin Public hearin WILL BE H ZOf 1 ing Distri 7'465.473 187,as pa9rc0ur Main Street gs wtll b@ h ON THIS District. . and 485 els applications HYennis, Me held the H PE7TTTON,AT BaY Lane, 230 reviewedsaa on W ROOrm;S6Cond jO r M. ': ` > f pariment, � wines Roa _ SOuth St' L Hyantn Zoning Boabdef. July.12. 1.9,q Own(.fall,3B7 Gail AMA !4PPeals OfRce in the and uneB 9$table Patriot NCR.tin Chjm�an,ZONING Planning July 6. 1995 BOARD OF APPEALS r � /J t✓l7/)1/37!)ilU,eatm 01 /!�(1lje7c17.It S!l S ��cirin��tlgo/��iaivlri�! �cci�nls 600 f/Valltinyfon Sfreel James J.Campbell W."achwelb 021 f f Commissioner Workers' Compensation Insurance Affidavit 1, Ronald J. Silvia (literate/perm i ttee) with a principal place of business at: Silvia & Silvia Associates, Inc. , 619 Main Street, Centerville, MA 02632 (C1ty/snte/zip) do hereby certify under the pains and penalties of perjury, that: () 1 am an employer providing workers' compensation coverage for my employees working on this job. Lumbermens Mutual Casualty Company TBD Insurance Company Policy Number (} I am a sole proprietor and have no one working for me in any capacity. () I am a sole proprietor, general contractor or homeowner (circle one) and have hired titre contractors listed below who have the following workers' compensation policies: Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number O l am a homeowner performing all the work myself. 1 understand that a copy of this statement will be forwarded to the Office of investigations of the DIA for coverage verification and that failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties consisting of a fine of up to S 1,500.00 and/or one years'imprisonment a aZciVV 7pi the form of a STOP WORK ORDER and a fine of S 100.00 a day against me. Signed chi day of /eA- 1925— Licensee/Permittee Building Department Ronald J. Silvia Licensing Board HI Lic #101627 Selectmens Office LC Lic #016932 Health Department TO VERIFY COVERAGE INFORMATION CALL: 617-727-4900 X403, 404, 405, 409, 375. TnWN OF BARINSTABLE, MASSACHUSETTS BUILDING I T 4 TE )gtRMIT .. :w r APPL;CANT ADDRESS • - - S 4 t•}C E N 5 E 1 " -I 77 NUMBER OF PERMIT TO Rtl�i�i LZ(�(•�� nrY ( ) STORY C� i�+ c� ri+r� 7 rr 1'�ifa ,—DWELLING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) "J ZONING AT (LOCATION) ITI a L DISTRICT.U3 — 1 BETWEEN AND (CROSS STREET). (CROSS•STREET) LOT .. SUBDIVISION LOT ;CK SIZE t BUILDING IS TO BE FT. WIDE BY FT. LONG BY fT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION f TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION" ! - (TYPE) .REMARKS: . ,�,fTFt_i�IZf 3 7 (. ' - ... Bond` AREA OR T e VOLUME 1 u; .. �r PERMIT - - A�—�fss ESTIMATED COST FEE tci rn_ B.I C/SO UARE FEET! _ sII-J�V" OWNERAssociates I ADDRESS ran' in '':,''"�., „'"'1 ` „ �_7 - BUILDING DEPT. aid ent 4-i FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT-FlT6'FrTFfE-CLfT7[SFTTOTTS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL !APPROVED PLANS MUST BE-RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK:, _ - ELECTRICAL, PLUMBING AND 1. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS.RE- MECHANICAL INSTALLATIONS. 2: PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MEMBERS(READY TO LATH). FINAL INSPECTION HAS BEEN MADE. 3. FINAL INSPECTION BEFORE OCCUPANCY.. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS wal 2 -Z --- 2 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT i OTHER 2 BOARD OF HEALTH WORK SHALL NOT PROCEED UNTIL THE INSIDE& 'E RM I T 'W!L L BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD CAN BE TOR HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE ARRANGED FOR BY TELEPHONE OR WRITTEN CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. NOTIFICATION. TOWN Building Department - Foandatiou Permit Date Name Location _ DEPARTHENT OF T'tJRLIC r,01 T rY ONE ASHRUR I ON PL.ACf , RI 11.30.1. u BOSTON, MA 02.1.08 ,1.6,1.£3 CONSTRUCTION SUPERVISOR LICENSE Number: Expires: Restricted To: 00 RONALO J SILVIA Detach bottom, fold sign on 619 MAIN ST back; and ..dm).TlatP- .l.].Crnse Cal CENTERVILLE, MA 02632 Keep top for receipt anti r..hange DU P�HIC µf.�.s��ress notifi.cati.on. � ��C Coy»meo»u�ca��. n�,i�firJJ�c✓z uJ��lJ ., Restricted To: DO u DEPARTMENT OF PUBLIC SAFETY Z , CONSTRUCTION SUPERVISOR LICENSE 00 - None a; Nu�ber• Expires: IG - 1 6 2 family Homes Restricted To: 00 U RONALD J SILVIA D P L_I C AT 619 MAIN ST �4 '' CENTERVILLE, MA 02632 Failure toposeiss ace►rnnt COMMONWEALTH DEPARTMENT OF PUBLIC SAFETY 4tassschatottsBtsyBet/wg0 OF ONE ASHBORTON PLACE Codalsosss4lorry 9941lon MASSACHUSETTS BOSTON,MA 02108 0lth/sllColls*• i CAUTION { EXPIRATION DATE r:� :.;,. (.I rl t • ,:i,l y::;i::i:7 t EFFECTIVE DATE LIC-NO. FOR PROTECTION.AGAINST RESTRICTIONS THEFT, PUT RIGHT THUMB j j, ,I'tc` ;t;, L . { PRINT IN APPROPRIATE 6 BOX ON LICENSE. =,'-�! BLASTING OPERATORS I Irl l i m MUST INCLUDE PHOTO. GAGED NTHISOCCUPATION, V 7W V o1 HOME IMPROVEMENT CONTRACTORS REGISTRATION Board: of Building Regulations .and Standardsl ' '} �' 'g* One Ashburton Place - Room 1301 { Boston , Massachusetts 02108 HOME IMPROVEMENT ''CONTRACTOR '. Registration 101627 Expiration 06/26/96 Type - PRIVATE CORPORATION Silvia & Silvia Associates , Inc . Ronald J . Silvia 619 Main Street Centerville MA 02632 IIsaP, ,u� f7' a, s � Ro�i4l�' tl II ,r° • �Goi�A•v.DR•:a•1T. I ' RIDCIB•.?lT,TTri Ct.�. I I `\ q THING.&5 :FA•D R1Eti�NS aEC I —M.G.�.Hu15tcS.W� — __ �t>uco•sro<.v{ !.�es-snlem�. Cmr _ --- :d.o wswlNq .•9CY+-RT.N•A.-fit. T�cENTEF. n -i�oF vcWC1%T14J 6L i.TN of / — 1�'�Si1MGlb i q yyp �l lvnu� _ tli D 1.6 g Q WL}N IGlg7•{ ;' L1l.i I LI _ - _ ___ F- . ~ §�f9i� I 1 .= 5 B(RY:FD •" - _ _- I .,I f I I I�'f _ _ Iz'Tw13w(wNoaNfi � . 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Ra s:..Wo.4 rtH # gyB .. , Wr�H d' AD9 QJ IA'�HIL/.PPILLmAVA 1vw -- __ � Cw a�ikJl ssrvo waaL \Y A'-�4ALT 9NI*NariS. �'9G_t.N!FOIt�. - -11cvSWw�v oN.`-STDL �' is C C1 •u.G. � � I r�,'FIW Si �UIL�INCT�GTIOtJ n s scae•r/ .,.� ro.r..v:w.r rn•m< u �t 1.4.GSM 5aml� � L no fx®,wnuq _ i -----a<a+l vx�c.e�s a IYwc Af+ C t T ~ � J _- 11l-0 FOST lPAiTME S "V s2 P_-uiwrJc-r secnorJ s! • B �a,v.'-r.o• woTfl.wan To oollsTlacna.mmunaN a t _. Town of Barnstable Zoning Board of Appeals F Decision and Notice Appeal No. 1995-82 Beech Leaf Island, Inc Appeal of an Administrative Official's Deg, ision,.= p E _ _ } " ,- 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 the 1986 foundation permits issued. On the issue of diligence; all site work was done. Two Zoning Board of Appeals-Decision and Notice Appeal Number 1995-82—Beech Leaf Island,Inc. 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 this decision in tho offi a of the Town Clerk. july. 1995 G I Nightinga , Chairm --Siate ne 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 d the pains and penalties of perjury, "� Linda Leppanen, Town Clerk PAR: R186 015.001 R186 015.002 : PAR: 1186 085. KEY: 106691 TAX CODE:300 106708 TAX CODE:300 KEY. 107495 TAX CODE:300 MACDONALD, MICHAEL K 6 GRAHAM, ROLLA R & RITA R MOGAN# FRANCIS E 9 MACDONALOP CAMERON M 352 CHURCH STREET MOGAN# M. LEAH *42D BAY LANE CLINTON MA 01510-0000 -16 COVE ISLAND RD, CENTERVILLE MA 02632-0000 CENTERVILLE MA 02632-DODO ' PAR: R186 084. PAR: R186 090. PAR: R186 073. KEY: 107486 TAX CODE:300 KEY: 107538 TAX CODE:300 KEY: 107360 TAX CODE:300 TERZOPOULOSP CHRISTOS E B HORTON• DEREK J 8 GRACE M HARRISON* VIRGINIA 6 TERZOPOULOSP BARBARA S 57 THORNEERRY LANE RFD 2 ATT:HARRIET STONESIFER CENTERVILLE MA 02632-0000 CHARLES CITY VA 23030-0000 155 MITCHELL ST WEST ORANGE NJ 07052-0000 PAR: R187 081. PAR: R187 003.005 PAR: R187 066. KEY: 108332 TAX CODE:300 KEY: 327827 TAX CODE:300 KEY: 108181.TAX CODE:300 SILVIA 6 SILVIA ASSOC INC BEECH LEAF ISLAND• INC JOHNSONP ROBERT H 619 MAIN ST 619 MAIN ST. JOHNSON* GRACE E CENTERVILLE MA 02632-0000 CENTERVILLE MA 02632-0000 456 SAY LANE CENTERVILLE MA 02632-DODO PAR: R187 072. PAR: R187.065. PAR: R187 073. KEY: 108243 TAX CODE:300 KEY: . 108172 TAX CODE:300 KEY: 108252 TAX CODE:300 FOWLER• PAUL.M 6 SHEILA A GILMORE.- JEREMY:F '9 SUSAN:T OWENSP ROBERT J TRS 8 8 PINE BLUFF ROAD 464 BAY LANE HATES# JAMES P BREWSTER MA 02631-0000 CENTERVILLE MA 02632-0000 aEECH,LEAF REALTY TRUST 50 CONGRESS ST anaTnW Na n7in9-nnnn PAR: R187 064. PAR: R187 057. PAR: R187 056. KEY: 108163 TAX CODE:300 KEY: 108092:TAX CODE:300- KEY: 108083 TAX CODE:300 SAFAROP ALFRED C 6 JOAN C CLOUTIER* ANDREW F e KIM T DELORENZOP A DARIN 492 BAT LN 503 BAY LANE 44.NOBSKA ROAD CENTERVILLE MA 02632-0000 CENTERVILLE MA.02632-0000 WOODS HOLE. MA 02543-0000 PAR: R187 055. PAR: R187 073. PAR: R187 058. KEY: 108074-TAX CODE:300 KEY: 108252 TAX CODE:300 KEY: 108109 TAX CODE:300 KARRP PAUL J 9 NANCY. OMENS# ROBERT J -TRS i BESSEP CHARLOTTE No TRUSTEE P 0 BOX 1541 HAYES• JAMES P • If COVE ISLAND RD OUXBURY MA 02332-0000 BEECH LEAF REALTY:TRUST OENTERVILLE MA 02632-0000 50 CONGRESS ST ROSTOY ._ MA n7ln9-nnnn PAR: R187 061. PAR: R187 004. PAR: R187 003.006 KEY: 108136 TAX COOE:300 KEY: 107592 TAX CODE:300 KEY: 327836 TAX CODE:300. GORDYP MINOS T 8 JEANNE M BIRDSEYP BARBARA U TR SCHERER• HAROLD N JR 8 40 COVE ISLAND ROAD ORENDA REALTY TRUST . SCHERER# PATRICIA C CENTERVILLE MA 02632-0000 203 S ORLEANS ROAD 467 3AY LANE ORLEANS - MA 02653-4009 CENTERVILLE MA 02632-0000 PAR: R187 003.008 PAR: R187 003.002 PAR: R187 002. KEY: 352040 TAX CODE:300 KEY: 327792 TAX CODE:300 KEY: 107574 TAX CODE:300 MARCHALP PATRICK 8 DEBORAH SMITH# STEWART B MARILYN TR FAVATP PETER P 463 BAY LANE SMITH REALTY:TRUST 855 BOYLSTON STREET CENTERVILLE MA 02632-0000 459 BAY LN BOSTON MA 02116-0000 CENTERVILLE MA 02632-0438 PAR: 003.001 PAR: R186 085. PAR: R186 084. KEY: 327783 TAX CODE:300 KEY: 107495 TAX-CQOE:300 : KEY: 107486 TAX CODE:300 SILVIA. RONALD J 8 MOGANP FRANCIS E 9 :TERZOPOULOSP CHRISTOS E 8 SILVIA• FLOYD J TRS MOGAN# M. LEAH TERZOPOULOSP BARBARA S BEECH LEAF LANDING 16 COVE ISLAND RD ATT:HARRIET STONESIFER 619 MAIN ST . CENTERVILLE MA 02632-0000:: 155 MITCHELL ST CFNTFRVTLIF NA n7A;7-nnnn WFST nRANAF N1 n7nS7-nnnn PAR: R_186 073: KEY: 107360 TAX CODE:300 HARRISON, VIRGINIA G RFD 2 CNARLES CITT VA j23030-0000 PAR: R187 066' _ PAR: ' R187 072. KEY: 108181 .TAX CODE:300 KEY: 108243 TAX CODE:300 JOHNSON• ROBERT H --FOWLER• PAUL M 9 SHEILA A JOHNSON• GRACE E 8 PINE BLUFF ROAD 456 BAY LANE BREWSTER MA 02631-0000 CENTERVILLE MA 02632-0000" PAR: R187 065. PAR: R187.073. PAR: R187 064. KEY: 108172 TAX CODE:300 KEY: 108252 TAX.CODE:300 KEY; 10863 TAX CODE:300 GILMOREP JEREMY F B SUSAN T OWENS♦ ROBERT J TRS i dAFAROi 464 B ALFREO C 8JOAN C AT LANE HAYES• JAMES P 492 BAY AL CENTERVILLE MA 02632-0000 BEECH LEAF REALTYITRUST LN CENTERVILLE MA 02632-0000. 50 CONGRESS ST nORTAN. Na wino-nnnn PAR: R187 077. PAR: R187 067. PAR: R187 057. KEY: 108298 TAX CODE:300 KEY: 108190 TAX CODE:300 KEY:- 108092 TAX CODE:300 HEROLD. RICHARD 8 MARIE WILLIAMS, ROBERT A CLOUTIERP ANDREW F 9 KIM'T 22 BEECH LEAF ISLAND RD WILLIAMS.- SHIRLEY:A 503 SAY LANE CENTERVILLE MA 02632-0000 504 BAY LANE CENTERVILLE MA 02632-0000 CENTERVILLE MA-02632-0000 PAR: R187 056. PAR:, R187 068. PAR: R187 082. KEY: .108083 TAX CODE:300 KEY: 108207:TAx CODE:300 KEY: 108341 TAX CODE:300 DELORENZO• A J DARIN BUTLER, PATRICK.M 9 SUSAN SILVIA 8 SILVIA.ASSOC INC 44 NOBSKA ROAD 522 BAY LANE 619 MAIN ST. WOODS HOLE MA 02543-0000 CENTERVILLE MA 02632-0000 CENTERVILLE MA 02632-0000 PAR: R187 055. PAR: R187 058. PAR; R187 061; KEY: 108074 TAX CODE:300 KEY: 1081091TAX CDDE:300 KEY: 108136 TAX CODE:300 KARR. PAUL J B NANCY BESSE• CHARLOTTE H• TRUSTEE GORDY• MINDS T 8 JEANNE M P 0 BOX 1541 19 COVE ISLAND RO 40 COVE ISLAND ROAD DUXBURY MA 02332-0000 CENTERVILLE MA.02632-0000 CENTERVILLE MA 02632-0000 PAR: R187 004. 10 KEY: 1O PAR: R187 003.606. PAR: R187 003.008 T592 TAX CODE:300 KEY: 327836 TAX CODE:300 KEY: 352040 TAX CODE:300 BIRDSEYi BARBARA U TR SCHERER, HA N JR S MAR@HAL. PATRICK 9 DEBORAH ORENDA REALTY TRUST SCHERER. PATRICIARIC C 463 BAT LANE 203 S ORLEANS ROAD 467 SAY LANE ORLEANS MA 02653-4009 CENTERVILLE , MA:02632-0000 CENTERVILLE MA 02632-0000 PAR: R187 003.002 PAR: R187. 002. 01 . PAR: R181 003.0 KEY: 327792 TAX CODE:300 KET: I 107574 TAX CODE:300 KEY: -327783 TAX CODE:300 SMITH• STEWART 8 MARILYN TR FAVAT• PETER'P. SILVIA• RONALD J 8 SMITH REALTY TRUST 855 BOYLSTON `STREET SILVIA• FLOYD J IRS 459 BAY LN 'BOSTON MA 02116-0000 BEECH LEAF LANDING CENTERVILLE MA 02632-0488 619 MAIN"ST - -- rvNTGYVl"9 __ra_n2jss7-nnnn k TOWN OF NO.n OF PU B.NSTAB ., f1 NI euc �zo To ell pens 1.lULYA1pER?Ale ewe ZpDN N qPP�� i � po4-CA OfG��Interested orea;rr�i',�R411ygNCF l AP You eye he Laws Of the Ifected 6Y the Jem Np 8�7 y nottfled t► �o fM of gpPesla,un , 1.4(5) Pe has ins Of the ing O Petitioned the zoning :, •; ti_. . and ell 8fnerid l l.of e eI - . Yse �r Sec. the sideline #s ;.:. manta Ras Parcel 009 areas 15 feet Bulk Aegulau!n Of,gPpeele for a Aesidentlal F and is required, The Setbacks to Vadarice.tc •• i'' A PuBUC H Zoning Distdco:7h'add, *reseed pro arty a►e ap°�ya garage 13.,on 3. APP E4R1NG }= 12 Garaldin Road, essoes Me t b'°m OREAsaoclat.1995.7�RE.H�ON n IIS'p Cotult, Mq h P 040 ChoPtergOa �.Inc.has ePpeal�ocletes,.Inc ON AT 7: ;, e RF not to issue Sem°na 7.8 edto the ;_... 30 P,M. ,... ; the j 1.23ea,s farrNlybuodingpe eMa)'911995BO�ofgpPealsto r. r.:•:_ acre Bulldin traits for it ion Of-the wt 4 Ingo acre of thrJ 9 COmmk over 31ota nurr Building MG Cf' Of the'Zoning mad under Zaning O�nan�l . ruled t�tthe red 14.3--— 1 mi Sonar .r Is shown 9 O' ar►ce MGL�Pterq and that th unde 3 1 and 25; °n'�sessoi'e ft"�Pect to Oq'Section B�eY do not have the18 donot rr�t Inan endts c Mep f44,as Sectlon q-q 5 dOtheymeet grandfather. APPUBLJCeslden C Ladd Parcel 3l�on confomun the regwra E . H 'eased as FalUn Lots 1; 5,7 9 Lots. "�n1s PFjkL NO ERRING WILL eneBEStrict 8 Lane(off 9, 11 13 Prope gq�� IS, 17, 21, Mod,Rra1 Mills Rea�4"--Genera Mills If TMl8 P � Drive) osteMile, 23 cation of fit. Inc: RestauranIII,-, A 7:45 ! u4 .... modification SPec1a1 Pb has.eP t• (Red PM. ".�.:.:... end l requestis. rmit NO, 1 ed to lher Lobster) _ cOfi°Un9e eyes tOPenNcremode11 04 for zonln9 B� of:. and Sure dmasede Property dy is ah ,150squ iuoned Use Aeto thst�suPeals e ; APP BUC HAss RING paten• �9h Roar/HYennls s Map 2sq,sa parent fore wa1U e G. Beech N0..1895f letard..81�LL B-H8LD ON TMIachS MAInaHBandsHig el 042 and is P nrU son of the U has— tend,Inc.APFE,gL AT 8:00 P M yBusiness deci465.473 s M 8 as gperl dPen�e revoke lb,�Mreyof ;.�' endp Appeals the PUQUC q8S Bay Lane 3 3.3•q.3,S sub'*Wslon 'iastred 1986 24 1995 '4PPE4L NHEARING HRLL �ntervale, end3.7 ey►d!s Thep party is building Beech 01 istadS•82 HELD ON TM S p RD 1 gesido ,h'e ressedl8 edeclston of the Build,, has ePP eeech dlt� Inc ETMONA.T8e15 M in9District, o +neleIng on a lot that g Commissioner the Toning the to Board Of end isc�n9 0rtflnonce, lsatonerhes not laspe building g'4PP We the' Distd mmonlya Pb , ►tiled dcas 9 Penis .. 25 1995 r A PU L1ot C..t.,. .ddneasedsa q85�y l own.on q O t the lot single 6mj� sec�No FARING WILL BE HE p o- nil Centervu�L MA in RD. R d lPertels 3 5 Section 3-1 af lend,in�Led ON THIS Inc.PE71ilON AT va�Zoning lotaofanOPens) appealed to 8 20 P M. Bulk R 3.3, e9!ll8uon8 the Z°riIn o,..._.. pace for • .:n;,;<�:--.; �.• i Centerville .3 S and 3.7��1�on.The minimum lot arpeB°e^i Of Appeals .Thes Varian e UC H q in C and n qe de h'a rreesssed °fin m soes r e Ora nwh gc�° Main Public h WILL BE HELP zor'in9 DlsMct 447,46S 4731NsP 187.as pert t Sheet. 9s will be h ON THIS •< -.. _. and 485 els a)Plications l iyannls,.Me oldin the Headn PE .ONAT `• Say Lene, De may be. sechuse 9 Room; 8:25 3 _. j Parhnent,230 r�ewed on Wed, SecondA , r0pe South Stree at the Zonin eed July °or,New 7, f The HYenniaGail ,Z Board c f,p all. 1995. -gl m Hag, 87 June 29mstable Paldot Nightingale;Chsi►man . �`!ce!n the Planniinn d 8 July g 1995 20NlNG BOARD OFgPPEgLS r f � Town of Barnstable Zoning Board of Appeals . Decision and Notice - _-_ -- _ _ -_ Appeal No. 1995-81 Beech Leaf Island, [ P x 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 i 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 y Zoning Board of Appeals-Decision and Notice Appeal Number 1996-81—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 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: v 26 1995 Ga Nightingal Chairm 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 as been filed in the office the Town Clerk. Signed and sealed this ' day of 1995 under the pains and penalties of perjury t - -- -• - Lirida-Leppanen, To Jerk 2 PAR: R186 015.001 R186 015.002 PAR: 100 UGD- KE;Y: a06691 TAX CODE:300 106708 TAX CODE:300 KEY. 107495 TAX CODE:300 MACDONALOP MICHAEL K 8 GRAHAM, ROLLA R & RITA R MOGAN#, FRANCIS E i. MACDONALOP CAMERON M 352 CHURCH STREET MOGAN, M. LEAN 420 BAY LANE CLINTON MA 01510-0000 16 COVE ISLAND RD. CENTERVILLE MA 02632-0000 CENTERVILLE MA 02632-0000 ' PAR: R186 084. PAR: R186 090. PAR: R186 073. KEY: 107486 TAX CODE:300 KEY: 107538 TAX CODE:300 KEY: 107360 TAX CODE:300 TERZOPOULOSi CHRISTOS E B HORTON• DEREK J 8 GRACE M HARRISON• VIRGINIA�G TERZOPOULOS• BARBARA S 57 THORNEERRY LANE RFD 2 ATT:HARRIET STONESIFER CENTERVILLE MA 02632-0000 CHARLES CITY VA 23030-0000 155 MITCHELL ST WEST ORANGE NJ 07052-0000 PAR: R187 081 ' PAR: R187 003.005 PAR: 4187 066. KEY: 108332 TAX CODE:300 KEY: 327827 TAX CODE:300 KEY: 108181-TAX CODE:300 SILVIA 8 SILVIA ASSOC INC BEECH LEAF ISLAND. INC JOHNSON. ROBERT N 619 MAIN ST 619 MAIN ST. JOHNSON• GRACE E . CENTERVILLE MA 02632-0000 CENTERVILLE MA" 02632-0000 456 BAY LANE CENTERVILLE MA 02632-0000 PAR: R187 072. PAR: R187.065. PAR: R187 073. KEY: 108243 TAX CODE:300 KEY: 108172 TAX CODE:300 KEY: 108252 TAX CODE:300 FOWLER, PAUL.M 6 SHEILA A GILMORE• JEREMY:F 9 SUSAN:T OPENS, ROBERT.J TRS 6 8 PINE BLUFF ROAD 464 BAY LANE HAVES, JAMES P BREWSTER MA 02631-0000 CENTERVILLE MA 02632-0000 3EECH.;LEAF REALTY TRUST 50 CONGRESS ST ansrnw Na n7ino-nnnn PAR: R187 064. PAR: R187 057. . PAR: R187 056. KEY: 108163 TAX CODE:300 KEY: 108092 TAX CODE:300 KEY: 108083 TAX CODE:300 BAFARO, ALFRED C 8 JOAN C CLOUTIER• ANDREW F 9 KIM T DELORENZO• A.J DARIN 492 BAY LN 503 BAY LANE 44 NOBSKA ROAD CENTERVILLE MA 0 2632-0000 CENTERVILLE MA 02632-0000 WOODS HOLE MA 02543-0000 PAR: R187 055. PAR: R187 073. PAR: R18T 058. KEY: 108074-TAX CODE:300 KEY: 108252 TAX CODE:300 KEY: 108109 TAX CODE:300 KARR, PAUL J 6 NANCY. OPENS, ROBERT J "TRS i BESSE. CHARLOTTE H• TRUSTEE P O BOX 1541 HAVES, JAMES P 1J COVE ISLAND RD DUXBURY MA 02332-0000 BEECH LEAF REALTY%TRUST OENTERVILLE MA 02632-0000 50 CONGRESS ST AncTON _ Ma n7ino-nnnn PAR: R187 061. PAR: R187 004. PAR: R18T 003.006 KEY: 108136 TAX CODE:300 KEY: 107592 TAX CODE:300 KEY: 327836'TAX CODE:300 GORDY, MINOS T 8 JEANNE M BIROSEY. BARBARA U TR SCHERER, HAROLD N JR i 40 COVE ISLAND ROAD ORENDA REALTY TRUST ., SCHERER, PATRICIA C CENTERVILLE MA 02632-0000 203 S ORLEANS ROAD 467 3AY LANE '.ORLEANS MA 02653-4009 CENTERVILLE MA 02632-0000 PAR: R187 003.008 PAR: R187 003.002 PAR: R187 002. KEY: 352040 TAX CODE:300 KEY: 327792 TAX CODE:300 KEY: 107574 TAX CODE:300 MARCHAL, PATRICK 8 DEBORAH SMITHv STEWART 9 MARILYN TR MAT, PETER P 463 BAY LANE SMITH REALTY TRUST 855 BOYLSTON STREET CENTERVILLE MA 02632-0000 459 BAY-LN BOSTON MA 02116-0000 CENTERVILLE, MA 02632-0438 PAR: R187 003.001 PAR: R186 085. PAR: R186 084. KEY: 327783 TAX CODE:300 KEYS . 107495 TAX CODE:300 : KEY: 107486 TAX CODE:300 SILVIA. RONALD J 8 MOGAN• FRANCIS E & TERZOPOULOS• CHRISTOS E & SILVIA• FLOYD J TRS MOGAN• M. LEAH TERZOPOULOS• BARBARA S BEECH LEAF LANDING 16 COVE ISLAND RD ATT:HARRIET STONESIFER 019 MAIN St CENTERVILLE MA .02632-0000 155 MITCHELL ST CFNTFRVTLIF MA n7Ai7-nnnn YF!! OY�N6F Ni 07n57-nnnn PAR: R186 073. KEY: 107360 TAX CODE:300 l Q HARRISON,. VIRGINIA G RFD 2. Q CHARLES CITY VA 23030-0000 PAR: R187 066. PAR: R187 072. KEY: 108181 TAX. CODE:300 KEY: 108243 TAX CODE:300 JOHNSON. ROBERT H ..FOWLER. PAUL M Y SHEILA A JOHNSON. GRACE E 8 PINE BLUFF ROAD 456 SAY- LANE BREWSTER MA 02631-0000 CENTERVILLE MA, 02632-0000' PAR: R187 065. PAR: R187.073. PAR: R187 064. KEY: 108172 TAX CODE:300 KEY: 108252 TAX CODE:300 KEY: 103163 TAX CODE:300 GILMORE. JEREMY F B SUSAN T OWENS. ROBERT J .TRS a aAFARO• ALFRED C B-JOAN C 464 BAY LANE HATES. JAMES P 492 SAY LN CENTERVILLE MA 02632-0000 BEECH LEAF REALTYITRUST CENTERVILLE MA 02632-0000. 50 CONGRESS ST nncTnN.. ru► wino-nnnn PAR: R187 077. PAR: R187 067. PAR: R187 057. KEY: 108298 TAX CODE:300 KEY: 108190 TAX CODE:300 KEY: 108092 TAX CODE:300 HEROLD. RICHARD 8 MARIE WILLIAMS. ROBERT'A CLOUTIER. ANOREY F i KIM:T 22 BEECH LEAF ISLAND RO WILLIAMS. SHIRLEY:A 503 BAY LANE CENTERVILLE MA 02632-0000 504 SAY-LANE CENTERVILLE MA CENTERVILLE MA 02632-0000 02632-0000 PAR: R187 056. PAR: R187 068. PAR: R187 082. KEY: 108083 TAX CODE:300 KEY: .108207:TAX' CODE:300. a KEY:- 108341-TAX CODE:300 DELORENZO• A.J DARIN BUTLER. PATRICK.M i SUSAN SILVIA i SILVIA ASSOC INC 44 NOBSKA ROAD 522 BAY 'LANE 619 MAIN ST: MOODS HOLE MA 02543-0000 CENTERVILLE MA 02632-0000 CENTERVILLE MA 02632-0000 PAR: R187 055. PAR: R187 058. PAR: R187 0611 KEY: 108074 TAX CODE:300 KEY: 108109-TAX CODE:300 KEY: 108136 TAX CODE:300 KARR, PAUL J B NANCY BESSE, CHARLOTTE H. TRUSTEE GORDY. MINOS .T i JEANNE M P 0 BOX 1541 19 COVE ISLAND RD 40 COVE ISLAND ROAD DUXBURY MA 02332-0000 CENTERVILLE MA.02632-0000_ CENTERVILLE MA 02632-0000 PAR: R187 004. PAR: R187 003.006 PAR: R18T 003.008 KEY: 107592 TAX CODE:300 KEY: 32783.6 TAX CODE:300 KEY: 352040 TAX CODIE:300 BIROSEY. BARBARA U TR SCHERER, HAROLD N JR Y MAR@HAL* PATRICK A DEBORAH ORENDA REALTY TRUST SCHERER, PATRICIA C 463 BAY LANE 203 S ORLEANS ROAD 467 BAY LANE CENTERVILLE MA 02632-0000 ORLEANS MA 02653-4009 CENTERVILLE MA:02632-0000' PAR: R187 003.002 PAR: R187 002. PAR:'R187 003.001 KEY: 327792 TAX CODE:300 KEY: 107574. TAX CODE:300 KEY: 327783 TAX CODE:300 SMITH. STEWART 8 MARILYN TR FAVAT, PETER P D J i SILVIA. RONAL SMITH REALTY TRUST 855 BOYLSTON STREET SILVIA. F J TRS CENTERVILLE 459 BAT LN BOSTON, MA 02116-0000 BEECH LEAF LANDING CENTERVILLE MA 02632-0488 619 MAIN'ST - -- . CFMTFYVTILF gl_n2Ai7-nnnn , •..,E p pF MN$r NOT► B ABLE ZONING BOARD UB1JC MEIN To all Persons �,-FOR JULY 028 THE=p OF APPU ththereto),.of eneral me Laws0r fZ• tabs NING,gRQI 4v APPEAL N era hereby no Of tiA the cted by the " /. Jaynes T P�' 1995.78�e ed that by. of '4PPeels,,under 1.4(5) e*ins hasddns . ; .: ; usetta Ste, 11 Petitioned ;f . . andallam" -Of the Bidet a �°rth�g 5 Bulk Zon>n8 :..�,; ts Residential 009'whereas ere ReBulatl Hof gIs PePPeals f a V'`` _:.. F ro c �N►►ed. Tha lbacicato e4ence.to . RED NO.. G on 3- ►N►LIBE -�- mG►aldineeis shown '4ssessc 8 from re AssOciat 7�ORE . ON THIS.p Oad' COtuit. MA p 40 RF pter es,Cha Inc.has '�sodatas,.lnc. -�ON AT 7; to a not to 4�'SectlOna 7,�Pealadtothe 30 p , �: .:>:;: : M. ; 19,?1 23 alndle•fany Band is,theMZoningBOa� f 23and25. 1Ybutrding aY9,I995 °'4PPealsinaccc the t acre The Buildin Permita fort decision of rdenre , irtg• re`�'trement Of the Corruy8si 3 lots - the Building with MGL in bene8tsatfob theZon� °nerhes numbered 1ed#Wtthe ,3, a COrtmMsst is�"n Ass �'1thno ordinanc MneaCheP1e�4QAhancea^dVWthaYdo��reizedlotedon 15,oj7r .r. Ina25,and is Assess M �Pect to Secti On 6nOrdo not heva the'grand t►neat a RC cornrnon . aP 1 as 4.4.5 theYmeetth father. AP(►BUCesldentJalCzoning rassad tp13lota1.3�9fonrdngLotae��m manta APPEAL NO 199EAR1NG yylLL B LeafLena(01f 13 ib 17 9 rbPe1ty Moe General Mills RestS4 ---enema Mill,A ELD ONTHIS PEjR10 ��:�te^'tne, �cation of fit, �; Restaukjc� NAT7; modification ra f SPI Permit Nc•PPealed tto wed Lob ster)M'and _ `• commonly om°U^ee a►oa• Tla'e�perUt►artgd19eft 04 f a Zoning Board of,.;.,.;,T' �. �d��1Yeddra$BadaBProparlY is shq�,n 50aq�dittonal Use Re Peals for a :l A P Ine8e Zon 0951yanou °n Assa feetofthe stau►ant. APp 1BUC HYING District•. .t,. gh Road ssor's Map 294►eats ra t foreas Parcel Th9 G, Beech Lea F4L Nod-f...- BE �ONTHISAPpts.MAtneHBanBHighwa;Buatnnadis.. permitsdecilion of.the has edhand.Inc, . UL AT 8:00 pM• ss for eutl 9 appeal the Assessor'$M rerna►ning lots sslonar to Zoning goad f f, ' evoke jou ° '4pPeals 465.473 and 485 87' L' Pacer 3-3.open Pace su r p;jZu' Fy,9�May 2. 1995 A PUBLIC H Bay Lena, .3.5 end 3.j dMst°ne ed 1986 butt APp E4RING y�LL Centscp�THIS Beech Leaf NO. 1995.82 BE HELDryION in a RD.IR issd vnonly $8 shown dwellingecisionthe�d no has aph Leaf ItWand ►�P�6N AT g P M no District. 447, Buir 9��_p�eered the °f the ne lot that the o nRY"Oner t°rt°zoning Boab of _ ;�.,•�`::...:=,; andisco no not misstoner� lsave bug '4PPeala the DtsMct. mmO^IYaddre8 The property ash does not 9 Permits Mey 25, 1995 r .. A PUBLIC N: . -• sad es 485 BeyL own On A sess�t the lot.arae single APPF t.NOEA9R9I�NGG WILT B CentervUre, h1aP 187, �uiroments ; Sect,Beech Island, ►n-sec Le01ON THIS pON in a RQ 1 q�d �2oni g lot Ofan open seek Reguta8 to the" r, AT 8 20 p M su mint 9 Board e,,_- . Cent 3.5 and 3.7, b�iaion•The �'m lot areaqui Of'4pPeals i A PUBLIC.Mq Ina RQ Ae com Iy.ar nYisshown ramente fort e a Variance to Tearin hese public hARING MyILL BE s dentie►,Zontng a8tric,�as 447,4 agas sces Map 18�^ r►ing fart Ma,caG�s t, HYann s will held t� IS PVMONAT ..-473 end 485 B�,��S � . , aPpliHeal, , Department,2�be sachusatts ng Room, 8:25 p M i South st�L a1 the Zo Ina HAnnis g�be�Y �12°p��Ne►vrownF�/,367 The Barnstable Catl tinges - 4PAeals pAgce In t�j�plans and June Patriot Carmen,ZO Manning i 29 8 July 8, IWS `ZONING BOARD OF AP _ pEk" A TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARCEL ID 187 003 005 GEOBASE ID 32782 ADDRESS 465 BAY LANE PHONE Centerville ZIP LOT D BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CO PERMIT 18453 DESCRIPTION (BUILDING PERMIT 90. 9107) PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: ' BOND $.00 Ox THE CONSTRUCTION. COSTS $_00 753 -MISC. NOT CODED ELSEWHERE ; •, * iARNSTABLF, MASS. 039. A� OWNER BENDER, ROBERT AND NANCY � . ADDRESS 465 BAY LANE Mlr►I CENTERVILLE MA BYIL�,I1 �D�IV,ISI Nf`� !� DATE ISSUED 10/07/1996 EXPIRATION DATE / / zz i _ � �� w.i^-�.�r t �r f 111.it- j,� t y. , \ �•'T• I r t,f•�t,,il t o)�� '' �}��i.�i.Y P+f�'. _a.�':~-:.,:.y 1:,�.k I,'1' ��.',nti _. .� {, ; S 11 gig' B 1 1 �` � i Y _ �,f� •411�... +r'{ F (v; - rx ■ �;,{� Y1�1"r� �l '�� C �8! 117ry�fQ�1 � -� {' 1 • , \� t �.�!F QR �•' -�•.�i � � 1 S il`5i 4 �I l�, _* N`�;'w'v�l b , 1 ,.1, _i � 1 � ! ✓ .,K ..Y` � ,Y'. t� 1. g7,,. , T',jt,, � Y w f'1 ] T i y�l�{f� f'tl��rti 2;rJ( t ' I"{�,.fl�.� p � - �,�.. Ip1a�� h ,Y J YL_P. r lJ rl 1`ttr h 1..�.. l � ,• •, -I) gin ��, a,� Its' � �!4 ��'• r'�a '�y z k !�� • � J ��- rI$�.- •r,� ! )J�j � } P, �� k aglj ti ; d sl` •„ 4 t r ra ' r ��rr••'i�?�4r a�r��a ti9h'�'Vf r ' ?t• T 1 f},�a� ' '�' .;� ":r J:'b``r /T'tV `�a. 'ui�e.Z,. •.Sa�,�-,ii ' .'1= t ''.�`�,.:_ f� T �.�. 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'V" r � "'i�} (, '�? �1�� '��• '�'v-�' !{.'LT�,..J+s„ a (tit7` }+ •''- "x' a•'?;'.'., (1`Jl.f_1.)f' �l� t��: � ' tr ,mil.' �"7 1. i, .,.r�. qpo L,F: FAA HOME J�H"IA ,j0��xY � .ISS(/ .1�'!J.. ,('}rty. .r,►�?� P�'�`'�. - t+Y ti�� r .A� jj+c.' R y. #- _ � `.:$' (h� '�u,. rt. �pj F kZH nK�:llt.��**t1:�,Ak� C 19 M A I LET lf.r o C, t�iJ'1!:FtV l J AY, MA 2,,n•1L,. ; -Clr V ' .q IR1" , ��"� l Y, ti,r. y,�,(�(y�� •��zlr;�,y�k '��' -�F y,aS��IN Y, a PERMIT CONVEYS NO RIG_ HT.TO OCCk, `C ANY STREET,ALLEY OR SID AIllC OR Ahti1;THEREOF ERHER•TEM RILY OR PERMANENTLY.EN ,CROACHMENTS ON PUBLIC PR NO ECIFICALLY PERMITTED UND COQ MUST dE PROVED�Y THE JURISDICTiON:STREET OR yALLEY GRADES AS WELL AS D TH ATION 9 PUBLIC.SEWER"U MAY BE BTaFiONI(T?iE DEPAFiiMEav i OF PUBLIC WORKS THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE ` a 4AFIOM THE CONDITIONS OF ANYRESTRICTIONS ;.. y.1Y MINIMUM OF FOUR CALL INSP r n O ^�REQUIRED "'` ;t FOR ALL CONSTRUCTION WORK -' 1 FLANS MUST BE RETAINED,ON 308 AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS iS ' CARD KEBT POSTED UNTIL FINAL INSPECTION "PERMITS ARE REQUIRED' FOR 2.PRIOR TO COVERING STRUCTURAL 1CTURAL rMEMBERS HAS BEEN MADE�.' VHERE A CERTIFICATE QF OCCIE ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). r ff PANCY IS REQl11P9ED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. " - Ir OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. 1P'N,N Y• "� �` NG INSPECTION APPROVALS S ''- PLUMBING INSPECTION APPROVALS 'ELECTRICAL INSPECTION APPROVALS UlIL As ON APPROVALS, ENGINEERING DEPARTMENT 3' ///�t/��_/\HEATING INSy�IPECTI N A - A , V'I— /a / � �N�Z �r2pylY ��.t� ,� — I {{{ r �y OARQ OF HEALTH , ik VIE PROVAL OTHER: SITE PLA AP D IF CON- IN S ,ECT.IOPJS,INDICATED ON IS WORK SHALL NOT-PROCEED UNTIL PERMIT.WILL BECOME NULL. t ' '^•'CAA- E ARRANGED FOR BY Q. IN SIX CAR:: N:8�' ON RVI(RITTEN NOTIFICA- THE INSPECTOR HAS APPROVED THE, STRUCTION WORK IS NOT SSA ED AS TELEF NE OFH 1 •. VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT TION• �790-, "T TION. NOTED ABOVE. `OpIKE T� The Town of Barnstable 7 BARNSTABLE.�` Department of Health Safety and Environmental Services MASS. t639• 0 �0 pTFt 639. Building Division 367 Main Street,Hyannis,MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Inspection Correction Notice Type of Inspection l n'j Location ,NiNJ`6 Permit Number Owner Builder L,\j One notice to remain on jobsite, one notice on file in Building Department. The following items need correcting: 0 ) (�C-t- C, �� ii; &"-f 066K— CL is in n tr�t fi 1�S �. r v "V-'Q q Please call: 508-790-6227 for reeinspection. r Inspected by Date 10 00 Assessor's Office',(,lst floor) Map` / Lot Permit# Conservation Office(4th floor) q.� I� te.Issued ` , a c%M c ;,r, C LtPd Ctj n k 6vop Yti i.Yh_', r. Board of Health(3rd floor)(8:30-9:30/1:00- 2:004& W 0 HN COMPLIANCE Engineering Dept.(3rd.floor) House# � I a,, 3(o( E k,? VINONM E AND Planning Dept.(1st floor/School Admin. Bldg.) ` OWN R S ' L BARNSTABLE. `- Definitive Plan Approve y Planning Board of 19 _ b 9 TOWN &BAItNSTABLE Building Permit Application Project Stre t Address 65 Ba Lane (Map 187 #35 Subdivision Lot D) Village Centerville Owner Beech Leaf Island, Inc. Address 619 Main Street, Centerville Telephone .(508) 775-1442 .Permit Request New Construction j f r 1 Total 1 Story Area(include 1 story garages&decks) 1992 square feet Total 2 Story Area(total of 1st& 2nd stories) 2831 square feet Estimated Project Cost $ 225,000.00 Zoning District RD-1 Flood Plain `` C Water Protection AP Lot Size 16241 Grandfathered ? Open Space Subdivision Zoning Board of Appeals Authorization Planning Board Special Recorded 8/6/85 Permit 3/25/85 Single Family me Current Use Proposed Use g Y Ho Construction Type Wood - Commercial Residential S/F Dwelling Type: Single Family S/F 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 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 Barnstable P SIGNATU e- DATE BUILDING PERMIT D D FOR THE FOLLOWING REASON(S) FOR OFFICIAL USE ONLY PERMIT NO. 9107 DATE ISSUED 8/2 8/9.5 = L MAP PARCEL NO. 187 003 005 465 Bay Lane Centerville ADDRESS VILLAGE s Beech Leaf Island Inc. OWNER DATE OF INSPECTION:' FOUNDATION _ FRAME v � 1� " fit. INSULATION ^ t FIREPLACE ELECTRICAL: ,ROUGH FINAL PLUMBING:. ;';ROUGH FINAL GAS: 2 ROUGH FINAL FINAL BUILI2I:N' s: - ;sue i " � `. ,s• ' DATE CLd!4tP9,UT ^4r (iv ASSOCIATIbN RL�k-N NO. 1t$ c�'j 4Cr i� `OFTNE 1pr,. The Town of Barnstable BARNSTABLE. ' Department of Health Safety and Environmental Services MASS. 059. Building Division ! 367 Main Street,Hyannis, MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Inspection Correction Notice Type of Inspection r Location ,. : Ua.'A--Permit Number —AW z C Owner R U S Builder U N V),• One notice to remain on jobsite, one notice on file in Building Department. The following items need correcting: At Vrrx,,�� 0' Please call: 508-790-6227 for reeinspection. Inspected by r<—, Date •` 2 ` 4 r • `� tom- � •�. 7 ,;z7 - 9654e R1 1 003. 005 r: E C- M r T i M•r ACTION r: CARD 00 i;•Ev 7027 00000000 PERMIT-NO NO u E TYPE - VALUE rK _BY NO u„ • CMP NEW/DEMO COMMENT OMMENT i t i Y ^+OPERTY ADDRESS - I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CSTATE LASS I PCS I NBHD KEY NO. RDI Lan LAND/OTHER S DESCRIPTIpN ADJUSTMENT FACTORS T,, Afl r inrn on L-4 A R JR1R7 no-;-n UNIT ADJ'D.UNIT d FEATURE Byloate size Dimen.mn SLOG./YR.SPEC.CLASS COND. PE PRICE PRICE ACRES/UNITS VALUE Desodpti— BEECH LEAF ISLAND. 1 N C MAP- ADJ.If CD. FF-De IhiAcres #LAND 1 129,600 CARDS IN ACCOUNT I10 .1BLDG.SIT_1 X .3�A=15 A=155 186 80999.9 350324-96 .37 . -129600 #OTHER FEATURE 1 10.100 01 OF 01 #DL LOT. D COST a 139700 FOUNDATION U iiX • B= 100 1.0 10085.50 1:D0 :10100 F #PL 465 BAY:LANE CENTERVIL' MARKET 28500 *RE—SUB FY37 INCOME A #RR 0084 USE D PPRAISED'VALUE JI A 139:700 U PARCEL' SUMMARY S AND ;129600 T LOGS M -IMPS 10100 ElTOTAL' 139700 N CNST DEED REFERENCE Type DATE Recorded PRIOR'YEAR'V A L U E T Book Page Incl. MO. Yr.D Sales Pries AND . 129600 S 8081/0841. V�06/92 B 100 BLDGS '10100 5073/124; V;05/86 B 49750 . OTAL :139700 43831240: V�01/85 B 49750 j I BUILDING PERMIT * FOUND ONLY, 1/89 Numb., Date Type Arnouat .N/C..1/93 LAND LAND-ADJ INCOME SE SP—BLDS FEATURES BLD—ADDS UNITS 129600. i10i00 830308 :12/86 ND .200000. "ND ADJ.FOR•VIEW Class Const. Total Year Bui11 Norm. Obsv. Units Units Base Rale Adj.Rate gclual EII. Age Depr. Contl. CND. Lot. %R.G. Repl.Cost New Adj.Repl.Value Stories I Height Rooms Rms Baihs I Fia. Partywall FeC. Description Rate Square Feet Repl,Cost MKT.INDEX: IMP.BY/DATE: /,- SCALE: ELEMENTS CODE1 CONSTRUCTION DETAIL f ___ ______________________ 2 D s _______________ ___ ______________________ C Total Areas Auz= Bae - --------------- --- ---------------------- C TBUILDING DIMENSIONS ---- q -------------------- L NEIGHBORHOOD>43AB10ENTERVILLE LAND !TOTAL* :MARKET PARCEL' 129600. 139700.. ``AREAS 21467: VARIANCE - +0: +0 . `STANDARD ' 20. : TOPOGRAPHY: * TOPOGRAPHY.; ;*.:UTILITIES< *'UTILITIES ST;FEATURE. * .ST,FEATURE *.:S7-.FEATURE: *;ST�t.CONO _ *.;TRAfF.IC x D1/ELLILOC,; *iLOCATLON€ * :AMENITIES'. * 'AMENITIES * NUISANCES ' N NUISANCES r 4 .k yr A `F �•-..v..L ,,.T p.,H„�A ,.a. 1. _ ,,,, is Office 1st floor Ma 1� Lot Permit# � Conservation Office 4th floor � Date Issued Board of Health Ord floor / Engineering Dew. Ord fl r House# Planning Dept. 1st fl /School Admin.Bldg.): wwsr�ett, Definitive Plan Apdoved bv Planning,Board &N( ^ 19 �� A lications r :30-9:30 a.m.& 1:00-2:00 .m.) 04 % TOWN OF BARN TALE Building Permit Application' Protect Street Address 65",Ba Lane (Ma 187 Lot 3-,5)Subdivision Lot D) Village Centervill Fire District COMM Owner Beech Leaf Is nd, Inc. Address 619 Main St. , Centerville Telephone (508)775-1442 Po+ v � , Permit Request: New Const etion �,A .w ; f Zoning District RD-1 FI ain C Water Protection AP Lot SizQ 16241 GrNaiNathered Open Space Subdivision arming 15oara Special 3/25/85 Recorded 8/6/85 Current Use Under Construction NwposedUse Single Family Residential Construction T Wood Frame 'E Existing Informatio Dwelling T Single Family Two family Multi-family Age of structure Basement type Po d Concrete Historic House Finished Old Kings Highway Unfinished Wimber of Baths No.of Bedrooms r4`tal Room Count not including baths First Floor Heat Type and Fuel Central Air Fire laces Garage: Detached Other Detached Structures: Pool Attached Barn None Sheds Other Builder Information F Namc Silvia & Silvia Associates, Inc. Tele hone number (508)775-144 619 Main Street Address License# Centerville, MA 02632 Home Improvement Contractor# W6rker's Com nsation#— 13 la?V rV L_CA50At-1 i TA NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN (AS BUILT) SHOWI EXISTING, AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 4 Pro'ect Cost $225,000.00 Fee 6,0�3 -5 6 SIGNA TUR DATE BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) s rryBPERM T 17 fps Q-( 7 3, FOR OFFICE USE ONLY Permit: 9107 Date Issued: 7/19/95 Map/Parcel 289 %010 ADDRESS - 465 Bay Lane VILLAGE Centerville OWNER Beech Leaf Island Inc. E , DATE OF SP,EE ON: FOUNDATION FRAME INSULATION ' FIREPLACE ELECTRICAL: TROUGH FINAL PLUMBING: ROUGH FINAL • GAS: 'ROUGH FINAL ` FINAL BUILDING: � DATE CLOSED OUT: y` ASSOCIATE PLAN NO. ,�, .. .:,t.�..r�-, :,,�,.s-}{•Y•-�'•v* .,;,,.�0.-' v„' «.`.,.. r^!^w" ^.. twc•..-n.y r,,r PEi®M.' ■ TOWN OF BARNSTABLE, MASSAI HUSETTS n.UI .®.'N•� A-187-3 ns.eeaa_ :DATE r, k t to 19 n� PERMIT � Z�?tr�r[- A.PPLICANT'. - .i•I "t__.!-_, n __� •- ` ADDRESS._ - "a)ili7 Y�Y fY ►71.7- '1C1, w'7. li• - R. '?41i ',a( e - ,•'N� C�CENSE) - - - � �.' ` .:•: .,- . .NUMBER;OF PERMIT TO Rii t�7 A RGi7fy� I t ncr "( ) ;STORY - G� 4'1('f�1 F mil<� LIE T�-ii 1 t nrDWELLING UNITS - (TYPE OF IMPROVEMENT) N0. �� (PR OP.OSED USE ' .. .. - ZONING AT (LOCATION) T-...h- J4r, CC » G.e r .a.,... .v t - - �'+r> t . DISTRICT— . (Noll /. .•Y.. �('ST EST) irWY L 1 �, l:Lu 1 `1 BETWEEN - .•ANDL- - - (CROSS STREET) '. . - -(CROSS STREET) L - SUBDIVISION. LOT -+ BLOCK''-...` .. SIIZE . . - - • _ .! BUILDING'IS..TO-BE, - FT. WIDE BY FT. LONG BYL" FT..IN :HEIGHT AND SHALL CONFORM,IN-CONSTRUCTION- TO TYPE,: USE GROUP - BASEMENT WALLS OR"FOUNDATION '(TYPE) - REMARKS: .. c+;... ... .., to ohd . AREA. OR 'PERMIT - VOLUME '..,�7�_c . i-z ESTIMATED COST " 7QQ. A09 0,0 FEE -� i-•i ' cn .. (C'UBIC_ /SQUARE FEET) _ / " �u . OWNER XXv,iu to n n., 7�. :wr d..Y. 'iu.. a w:r.:xvw»LtV�O BUILD6 NC, DEPT. ADDRESS GtA" re .1_ es y� »2 t t _ 7 / Assessors ma and lo{•number ®i S �IIIC SYST FTNEt Sewage •Permit number WITH TITLE r .-r!....... :�........ ............ ENVIRONMENTAL �� B9HB9TADLE, i House number .......... . ..� ..:.. .. rya 'Ho' 'TOWN. ' OF BARNSTABLE .DUILDIHG INSPECTOR APPLICATION FOR PERMIT TO ..... �!1!��`/. ....:. .�.....1.... .............................................:.......................... TYPE OF CONSTRUCTION ..............4�Af. .-p............ r. ../'I ................................................................... .......... . . ..f. Q.......... .19 TO THE INSPECTOR'OF BUILDINGS: ,The undersigned hereby applies for a permit according to the following information: Location .Z�7 ...........13�.. ........1-14e�. ...............:.......:....... n / - ........ ........................................................... ProposedUse .�?.. .1.........�� . ... ......................................................................................................F.... Zoning District .. .�'S �?,.. , ...... ........... .....................Fire District ............................................................... Name of Owner`..Olrl 1. ... ' , /:'D....?/rfi'O` ......Address 0�..................✓ {,....................................................... Name of Builder ..........Address ' J t Name of Architect :.....:...........................................................Address .................................................................................... Number of Rooms .....................................Foundation "........ ........ �O ��/ Exterior .. .:...............................,...................................Roofing .... r� Floors ... ................................................... ..........Interior ®®r.�l�Tfr� Ca�`I yHeating . �:✓............................. .....................................Plumbing ./ &.c............ f9/' �.................� . . Fireplace .............................................................:....................Approximate Coste... . ....................... Definitive Plan ._Approved by Planning. Board ___-----------19_P-57 Area ................ Diagram of Lot and Building with Dimensions Fee / SUBJECT TO "APPROVAL OF BOARD OF. HEALTH 270© 3 C3EoRooM � L /�/ ✓ $J 1 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 ............. .... ................ ...... SiLVIA & SILVIA ASSOC. t Permit for ...1.21...s Y.Qx-- ........... Single. Famly. .D� .�.�.Tlg. ,� ............... LOt ii-D_, 465 Ba Lane... .' Location ... ........ ...................I- . .................. Centerville ............................ ......................................... .. ,. Owner ... °. .Silvia...&...Silvia...4 . . . Type of Construction ....Fr.am .................. ............ ................................ ............................... r ; . Plot .::..... '� .......... Lot ............................. f Permit-Granted . December .. , 19 86 Date of Inspection ......................................19 i Date Completed NO gy JJ7 i t ti . • FILE NO. 85-4 ,*THE T Q i 11MU3 laL i ■Yl �p Y►Y 6, 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 62632 Address This Order is,issued and delivered as follows: ❑ 'by hand delivery to applicant or representative on (date) �7 ,by certified mail, return receipt requested on April 9, 1985 (date) r_ This project is located at Bav Lane (T,ot n Rppch TPaf ,Tandi ng a ` s ;rider Bays' rPntP,yille Barnstable Assessor's Map # 187' 'I;ot 3 The property is recorded at the Registry of Deeds in Barnstable Book 4383 page 235, 240, 242 Certificate (if registered) Notice of Intent dated March 11, 1985 Date of Hearing March 19, 1985 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: O Public water supply IC Storm damage prevention X% Erosion Control ❑ Private water supply ) Prevention of pollution 4 Wildlife Ground water supply ❑ Land containing shellfish ❑ Recreational `Flood control ❑ Fisheries ❑ Aesthetic t 1 /T r S 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 circustances warranting the extended m 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, r vehicles or arts of an of the foregoing. moto p Y 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-r�g information shall be submitted to the BarnStahl A rnnGPrvat;nn Comnissio. 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 11., 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 ensi per who shall be registered in the state of Mass. . 12. Upon certification by the project engineer 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's 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 D 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. " Design Profile Key Sheet 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 top of the bank. 2. Prior to the start of .work at the site, a double row.of staked haybales shall be set at the work limit/lot line, and these .shall .be maintained throughout construction. 3. There shall be no disturbance of the site within 20 feet of .the top of the bank this area shall .be maintained,in its natural condition. Any areas disturbed - within the 20-foot buffer shall .be replanted with indigenous shrubbery planted three to four feet on center (rosa rugosa, bayberry, inkberry, etc.) .. 4. The .driveway for the residence shall be constructed of gravel cr other pervious material. 5. Dry wells shall be installed to handle roof, runoff. 6. All disturbed areas shall be ievegetated immediately following completion of work at the site.. No area shall be left unvegetated or unmulched for more than 60 days. 7. 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 301. 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. 8. This approval is contingent upon Board of Health approval of the proposed on-site sewage disposal system. ...................................................................................................................................................................................... , (Leave Space Blank) f Issued By Barnstable Conservation Commission Signatur ► �� G' This Order must be signed by a majority of the Conservation Commission. On this 9th day of April 1985 , before me personally appeared C h _r -'N w on , 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 N My commission expires The applicant.the owner,any person aggrieved by this Order.any owner of land abutting the land upon which the.proposed work is to be done or any ten residents of the city or town in which such land is located are hereby notified of 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 on Dotted Line 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 SEPTi Assessor's office(1st Floor): f INSTALLED IN CO PIJAN E" Assessor's map and lot number 0 / G WITH LE 5 �pF THE W Tp� Board of Health(3rd floor): . / ENy1R0NMENTAL CODE Sewage Permit number p;:CULATI®NS i Z DAHa9T'ADLL Engineering Department(3rd floor): T®WN r.sa ,x House number 1639. Definitive Plan Approved by Planning Board 19 APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P. .only; TOWN-= OF BARNSTABLE IL.DING INSPECTOR 'ABP ATION FOR PERM11DW, L �(`Q(�y►�� OG`Stn�c+�.4 TYPE OF CONSTRUCTION 19 � TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit ordipg to th�_following information: ,�. /MRLocation ��^ 03-0 z- Proposed Use e�> Zoning District Fire District Name of Owner %3-e,rr!,j, Address H(..'-1 wt C�s Name of Builder moc Ncx-� Address C Q u(.- �.S�w�c1� Co ✓��c Name of Architect — Address Number of Rooms 3 Foundation - Exterior Roofing Floors Interior C�n-t W" Heating Plumbing �� 9sA l Fireplace Approximate Cost a2 cL 000 Area ,Q Diagram of Lot and Building with Dimensions Fee 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 Construction Supervisor's License _ - I GILMORE, JERRY Ottt No' 34699 Permit Fof f B BASEMENT , ix Single F Mi1v T# Location 465 Bay VDA } Owner- Jerry Gi 117M0rJ Type of Construction Fr =rn et Plot Lot ' ¢ i �. t a Permit Granted -November 19 , 19 91 , Date of Inspection /�/��/ 19 t ' .Date Completed T// �� 19MCI 0c C.3 .- - I f !. I .-�T �'� �� f t t r �' P 015 4 91-;,t L 2 Receipt for Certified .Mail - *. No Insurance Coverage Provided Do not use for International Mail (See Reverse) Seo,"Silvia & Silvia Street and No. P.O.,State and ZIP Code Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing pt to Whom&Date Delivered oReturn Receipt Showing to Whom, C Date,and Addressee's Address 7 TOTAL Postage C &Fees 0 Postmark or Date M E `o. STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES($an front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attachbd and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. of r- 3. If you want a return receipt,write the certified mail number and your name and address on a 1 return receipt card,Form 3811,and attach it to the front of the article by means of the gummed y ends if space pereuts.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. C 4. If you went delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. co 6. Save this receipt and present it if you make inquiry. 1025e5-93-z-0478 K The Town of Barnstable 1659. Department of Health Safety and Environmental Services Ma+" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 25,1995 Silvia and Silvia 619 Main Street Centerville, MA 02632 Re: 465"13ay Lane, Centerville,MA Dear Mr. Silvia: I'm sorry to inform you that your application for a building permit for 465 Bay Lane in Centerville must be denied. The reason for this denial is the fact that your lot does not meet the minimum lot size requirements under zoning. Furthermore, I do not see any evidence that you have preexisting non-conforming status under 40a Section 6 nor Barnstable Zoning Ordinance Section 4-4. You have the right to appeal this decision to the Zoning Bard of Appeals. If you so g PP g o PP choose, we will be more than happy to help you. Sincerely, Ralph M. Crossen Building Commissioner RMC/km cc: Robert Smith, Town Attorney Gail Nightingale, Chairman, Zoning Board of Appeals Robert Schernig, Planning Director Attorney Robert Baum CERTIFIED MAIL P015 496 627 R.R.R. Q950525A Crossen Ralph From: Etsten Jackie To: Crossen Ralph; Smith Robert; Weil Ruth Date: Wednesday, May 24, 1995 1:36PM <<File Attachment: BEACHLF.DOC>>Ralph, here is a summary of the file,just in case it is needed in the future. Bob and Ruth,there was no copy of the deed of the open space parcel in the package you sent to me. This issue should probably reviewed some more. Jackie Page 1 r Town of Barnstable Planning Department M,AE , : Staff Report-Appeal No. 1995-81, 82 & 83 `0 Beech Leaf Island, Inc. ac Mop� Date: July 06, 1995 To: Zoning Board of Appeals From: Jacki Etsten, Principal Planner Applicant & Owner: Beech Leaf Island, Inc. Property Location: 447, 465, 473 and 485 Bay Lane, Centerville, MA Assessor's Map/Parcel: Map 187 - Parcels 3-3, 3-4, 3-5 and 3-7 Zoning: RD1, Residential DA Zoning District Applicant's Request: Appeal No. 1995-81 -- appeal of 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 Appeal No. 1995-82 -- appeal of the May 25, 1995 decision of the Building Commissioner to not issue a building permit for a single family dwelling on a lot that the commissioner has ruled does not meet the lot area requirements of the Zoning Ordinance Appeal No. 1995-83 -- Variance to Section 3-1.2 (5) Bulk Regulations for minimum lot area requirements for the remaining four lots of an open space subdivision Summary of Planning Board File -Beach Leaf Landing at Scudder Bay December 7, 1984 Board of Health approves a "Preliminary subdivision of land" Cape Cod Survey consultants, Dated October 12, 1994 Job#03-1291-03 February 11, 1985, ANR plan disapproved by Planing Board, states that lots do not.met zoning, need Special Permit under Section T of the Zoning Ordinance. February 14, 1985, letter from Arlene Wilson, stating please find attached request for Special Permit and to include with Form A and plans previously filed (Form A is an ANR application form) r February 20, 1985, application form received by Planning Board for Special Permit, signed by Albert Schulz, for Silvia and Silvia, Notice of public hearing references a subdivision plan, and Section T of the Zoning Ordinance. Does not mention a Special Permit is involved - notice is faulty? March 11, 1985, public hearing on application March 25, 1985, Planning Board approved the subdivision plan and granted a Special Permit under Section T of the Ordinance. Letter dated March 27, 1985, signed by Paul Brown. Plan date is incorrect, the approval of the Special Permit references a plan dated January 29, 1985; the plan endorsed by the Board is dated . A later Special permit was filed at the Registry of Deeds referencing a plan date of March 5, 1985. March 20, 1985, date of approval of Board of Health of plan drawn by Cape Cod Survey Consultants, date Jan 29, 1985, job#03-1291-03 April 1, 1985, date of decision which was filed at the Registry of Deeds, Aune Cahoon signed "no appeal.." July 3,1985. Decision is different than the letter dated March 27, that was filed originally at the Town Clerk's office. Also signed by Paul Brown. Other Notes Section T of the Ordinance: Section 7L states that the development shall comply with all other provisions of the Subdivision Rules and Regulations. The only development that the subdivision rules and Regulations regulate is the construction of roads. Section 10 - "In addition to the materials normally required for the submission of a preliminary plan under the Subdivision Rules and Regulations, the ........ Section 10B states that"Within 60 days of after the receipt of preliminary materials ....the Planning Board shall give its approval..... (60 days use to be the approval period for a preliminary subdivision plan) Section 10D states that applicants should file and Definitive development plan in conformity with the Subdivision Rules and Regulations ..... "in addition to the materials submitted for definitive subdivision plan, the ......... " 10E Hearings for special permit may be held simultaneously with "subdivision review hearings" No hearing is required for an ANR. According to a Planing Board member who joined the Board at about this time, it was discussed at a later date that ANRs should not be accepted again for this type of development because they cannot condition an ANR To their knowledge, this was the only Open Space development done with an ANR. In the time that I have worked with the Planning Board, an open space development has never been submitted or approved with an ANR. J. Etsten CONCLUSION: Section T requires the submission of a preliminary subdivision plan later followed by a definitive subdivision plan. The ANR was neither. Special permit Is only valid for two years (Section 3-7(11)(A) of the Zoning Ordinance, Open Space parcel, map 187 - parcel 3-1: Section T of the ordinance requires that the open space parcel be deeded either to the town, to a non-profit corporation , the principal purpose of which is conservation of open space, or to a corporation or trust owned by the owners of the lots in the subdivision. According to the Assessors records, it appears that the open space parcel is still owned by Ronald and Floyd Silvia, Trs. If this is the case, this is a violation of Section T, and the Special Permit. Such a violation strikes at the most important concept of the Open S pace residential provisions - ensuring that the open space parcel stays as such in perpetuity. A copy of the deed of this parcel is needed. A notice has been placed in the Planning Board file stating that no Building Permit sign-off should be given on this parcel. February 14 1985 February 20, 1995, filed petition for Special permit March 11, 19985 Public Hearing March 25, 1985 approved Special Permit Uv 2 Summaryof file Beach Leaf Landing at Scudder Ba � 9 Y December 7, 1984 Board of.Health approves a "Preliminary subdivision of land" Cape Cod Survey consultants, Dated October 12, 1994 Job#03-1291-03 February 11, 1985, AN plan disapproved by Planing Board, states that lots do not met zoning, need Special Permit under Section T of the Zoning Ordinance. February 14, 1985, letter form Arlene Wilson, stating please find attached request for Special Permit and to include with Form A and plans previously filed (Form A is an ANR application form) February 20, 1985, application form received by Planning Board for Special Permit, signed by Albert Schulz, for Silvia and Silvia, Notice of public hearing references a subdivision plan, and Section T of the Zoning Ordinance. Does not mention a Special Permit is involved - notice is faulty? March 11, 1985, public hearing on application March 25, 1985, Planning Board approved the subdivision plan and granted a Special Permit under Section T of the Ordinance. Letter dated March 27, 1985, signed by Paul Brown. March 20, 1985, date of approval of Board of Health of plan drawn by Cape Cod Survey Consultants, date Jan 29, 1985, job#03-1291-03 April 1, 1985, date of decision which was filed at the Registry of Deeds, Aune Cahoon signed "no appeal.."July 3,1985. Decision is different than the letter dated March 27, that was filed originaly at the Town Clerk's office. Also signed by Paul Brown. Other Notes Section T of the Ordinance: Section 7L states that the development shall comply with all other provisions of the Subdivision Rules and Regulations. The only development that the subdivision rules and Regulations regulate is the construction of roads. Section 10 - "In addition to the materials normally required for the submission of a preliminary plan under the Subdivision Rules and Regulations, the ........ Section 10B states that"Within 60 days of after the receipt of preliminary materials ....the Planning Board shall give its approval..... (60 days use to be the approval period for a preliminary subdivision plan) Section 10D states that applicants should file and Definitive development plan in conformity with the Subdivision Rules and Regulations ..... "in addition to the materials submitted for definitive subdivision plan, the ......... " 10E Hearings for special permit may be held simultaneously with "subdivision review hearings" No hearing is required for an ANR. According to a Planing Board member who joined the Board at about this time, it was discussed at a later date that ANRs should not be accepted again for this type of development. To their knowledge, this was the only Open Space development done with an ANR. In the time that I have worked with the Planning Board, an open space development has never been submitted or approved with an ANR. J. Etsten CONCLUSION: Section T requires the submission of a preliminary subdivision plan later followed by a definitive subdivision plan. The ANR was neither. Open Space parcel, map 187 - parcel 3-1: Section T of the ordinance requires that the open space parcel be deeded either to the town, to a non-profit corporation , the principal purpose of which is conservation of open space, or to a corporation or trust owned by the owners of the lots in the subdivision. According to the Assessors records, it appears that the open space parcel is still owned by Ronald and Floyd Silvia, Trs. If this is the case, this is a violation of Section T, and the Special Permit. Such a violation strikes at the most important concept of the Open S pace residential provisions- ensuring that the open space parcel stays as such in perpetuity. A deed of this parcel is needed. A notice has been placed in the Planning Board file stating that no Building Permit sign-off should be given on this parcel. February 14 1985 February 20, 1995, filed petition for Special permit March 11, 19985 Public Hearing March 25, 1985 approved Special Permit THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) M A�C(, I DATA { k ••' 7PECIAT• '-F i,It� 1 � OR a .0 - - _ i i rl�n slfi _� 7 !_f) �a ( V r.,i,�s 5 . cdt lh '�c 4 _ _ _ fi i 4 ...... .. a -- �� nl a t h � i:l*tx!1 1 11. IaLi cf `,ft w?r t .r,. trPt SSE u� J fi)I 5 n Ji 0` t ;,T Pit ., ::l .ci .;ll}•:4 +illy/i�p lCE t1UL'J4 ai lily,t . S r� r, AS Q r i xj ijP., O' �:el;Gl'si _,.r:,r ...5 .`1-".......-{_....... v - rc, , _.., r f- r J �r riq 3. rji:.en ions of s0� _" ._.•.... �. _.._.. ��... __ .... _ ._. . . -reµFeet' 4. Zo•j.n district in ,?hich prem sea r..r: ,oust E ._`C.:, `. ...".. "i...,:zli ._.. .. .... w.__ .__..... .... 5. How long has GAS'.*.tel° had ti.tl.e to the au^?e prern ses? ... M. _._....... _gone_• R._aow. many.buildings are now on the lot° 7. Give size of existillr Gal+uw.,;b Proposed buildings _ 111:4— „^ � s p �7'l�t- subdivisoh Pro i Recorded 8. State present use of premises. Lot Open acSubdivision..,___ 9. State proposed use of premises ------ - - _i � 10, Give extent of prop s ed attachedo or alterations: - - ••---- ""-`"' lans 11 Number of living units for which building is to be arranged ".-•• ••••" --- -"-" 12. Have you submitted plans for above to the Building Inspecto.ry No 13. Has he refused a permit? '-_ -- --"--- "--" """ 14. What section of zoning by-law do you ask to be varied? _ -•• - ------- •'�'"""""'""'" The allowance of_•_•Petitioner' 15. State reasons for variance or special permit: _",-••• - " " the preservation Open Space Development provides for the public interest by �"- us, 'n res idential �ho ..g."....___ n i of o _ spa_ee in per ebw-t, _, and variet�i - -" - 2sed to seven driveways --• rovidin fcr on1�7_"two curb cuts' as opt r• - pa terns b Lyi vi under traditional development) and development and placement of dwellings _ .features. The petitioner's Provo which are more harmonious with natural _"__ _ _ ron�otes the maxim�un sible_�ro ti n of open__ . C pep ace Deyelo�-nent also • ..____S•i••�.pia•-••st••-•S•i•3-�3•a:••'•�•ss'ee;,-�� ..._............"...._.-•••-•..�....._.........�........__.__••_•-._-• , Respectfully submitted,$ ' t thorn 619 `Main St. , Centervi e i� (Address) -" CT ��C7�1�! A ent �� D1..... m,hmit 3 conies of .petition form. ( g ) T - - � ..1 1 ed parking spaces easily accessible from a paved driveway on the pro- struction of roads, no grading of land or lots, no excavation except for perty for each professional person occupying or using said office. Each purposes of soil testing, no dredging or filling, and no construction of such space shall be not less than two hundred (200) square feet paved buildings or structures shall be done on any part of the development site area, exclusive of driveway. until the application has been reviewed and approved as provided by (c) Nursing Care Home and Rest Homes: there shall be not less these regulations. than one paved parking space easily accessible from a paved driveway (c) No Open Space Residential Development will be approved on the property for each four hundred (400) square feet of total floor within an established single-family residential neighborhood if the Plan- area of the building, ning Board determines that such land use would have a detrimental ef- (d) All off street parking spaces in excess of 1,000 square feet fect upon the surrounding property. shall be screened on each side, adjoining residential premises, except (d)It is a general policy of the Town of Barnstable to encourage that such screening shall not be required where the parking area is the development of interior land parcels when appropriate in Open already screened from the residential premises by a natural terrain Space Residential Development projects. Correspondingly, the develop- feature. Such screening shall be a solid wall or fence, not less than five ment of land along existing road frontage shall be discouraged, in order (5) feet in height. In lieu of such fence, a compact evergreen hedge of to retain and enhance the visual quality of the Town and to maintain the not less than three (3)feet in height at time of original planting may be safety and efficiency of public ways. used. The fence, wall and/or hedge shall be maintained in good condi- (e) It shall be the responsibility of an applicant for an Open tion and no advertising shall be placed thereon. The screening shall be Space Residential Development special permit to demonstrate to the designed so that vehicle sight distance shall not be affected at en- Planning Board that this form of land development will be as or more ap- trances, exits, or at street intersections. propriate than traditional patterns of residential development for the 11&.salon ad3ed by 1970 An 105,appmnd b7 the Atg.Gen.June 19,1970. particular site being considered. T. OPEN SPACE RESIDENTIAL DEVELOPMENT— 4. Permitted Uses. 1. Purpose. (a) Detached one-family dwellings. In order to provide for the public interest by the preservation of (b) Uses permitted within the Common Open Space as de- open space in perpetuity, variety in residential housing development pat- scribed in these regulations. terns which allow for development more harmonious with natural (c) Recreational facilities exclusively for Open Space features and town growth policies than traditional residential develop- Residential Development purposes. ment,to promote the maximum possible protection of open space,visual S. Minimum Requirements. quality and watershed protection, and to encourage efficient provision of (a) Density: The total number of residential units allowable on necessary utilities and community services, the following regulations are a site proposed for Open Space Residential Development shall not ex- established for Open Space Residential Development within the Town of ceed the number of units that would be allowed in the zoning district in Barnstable. In making any and all determinations under this bylaw the which the site is located, [except as otherwise permitted in this section.] Planning Board shall always compare the impact of an open space Wetlands and water bodies shall not be included in the overall area when development with potential conventional development, and may approve calculating density. The burden of proof shall be upon the applicant in open space development if the impact is no more adverse than conven- determining the allowable number of units. tional development. The total number of units allowed shall be determined by one of 2. Applicability. the following methods to be selected by the applicant: Open Space Residential Development shall be allowed within 1. Dividing eighty-five (85%) of the total upland area of all residential zoning districts subject to the requirements of this bylaw the tract by the minimum lot size of the underlying zoning district; or, for those districts, and in accordance with the additional requirements 2. Layout by a preliminary sketch plan in accordance with specified herein. subsection VIII A 1., showing the total number of lots which could be 3. General Requirements. obtained by utilizing a conventional grid subdivision. (a) Any parcel of land located within a zone permitting Open (b) Intensity Regulations: The Planning Board may grant a Space Residential Development which would accommodate at least four reduction of up to 75% on all intensity regulations of the underlying zon- dwelling units under the provisions of the underlying zoning district may ing regulations for all portions of an Open Space Residential Develop- be considered for an Open Space Residential Development subject to a ment, if the Planning Board finds that such reduction will result in better special permit issued by the Planning Board. design, improved protection of natural and scenic resources, and will (b) After an Open Space Residential Development application otherwise comply with these regulations, provided that in no instance ,•� „_�___ �:� A:„- �1: it ten,.ln+�nn+µ;n lPgc than 5 (W sn are fe t or have less thn— has been submiiied, ao utility ivatailativltb, 11V u,u.,,"%' S.u. r' I z---- I ':.....a•.. .i._IiY .I..c! .,...[.••...:.._,::..'S.ra♦l:...i..>i6.(..i.0... .! J. _:flair.\FiMJiiSL)'tiFLJd•F✓R.:uU').iXiShc.d�3 tr:in4?ra' !. 1.J..... ..,.....-!:_'.. •..... .v.. vc..a.rvi.• .r.. ...... .. ..,.. ... ... .... �. ... .,.... .,. ... _... (20) feet of frontage, or front, side and rear setbacks of less than seven State Environmental Code or Town Health Regulations in regard to and one-half(7.5') feet. Normally, a 50-foot perimeter strip will be re- depth to groundwater or distance to wetlands, buildings and water sup- quired but may be reduced to 20 feet by the Planning Board. Such ply wells. perimeter strip should have natural vegetation whenever possible,and be 6. Any parcel to be serviced by on-site sewage disposal properly maintained. Bicycle paths, riding trails or walkways within the systems located wholly or partially within the recharge area of any public perimeter strip are permitted, but only a minimum number of curb cuts water supply or the recharge area of any inland water body shall be sub- will be permitted, in accordance with subsection V.C., below. The ject to the following additional requirements: perimeter strip shall be considered to be a part of open space. a. No more than six (6)units shall be clustered together (c)Development Standards: Prior to the issuance of a special per- and a one hundred (100) foot, naturally-vegetated buffer area shall be mit for an Open Space Residential Development,the applicant shall sub- provided between all such groups of units, unless sufficient mit the information necessary to demonstrate that the.following develop- hydrogeological information is supplied by the applicant to demonstrate s ment standards have been met: that ground water discharges from on-site sewage disposal systems will 1. Curb cuts: It is a policy of the Town of Barnstable to be spread across the ground water contours to the maximum extent limit the number of curb cuts on public ways. Within an Open Space possible so as to avoid the development of a concentrated effluent plume. Residential Development, normally only two (2) curb cuts will be al- b. The use of septic tank sewage disposal systems lowed, although the Planning Board may approve additional curb cuts if designed to service more than one unit is prohibited. - the applicant can demonstrate that they are necessary for the site and For the purposes of this subsection, the recharge areas of public will not result in traffic hazards or congestion. In all instances, it will be water supplies and surface water bodies shall be determined from the the responsibility of the applicant to demonstrate that the location, following maps which are on file with the Town Clerk: ."Water Table number and design of curb cuts.are both necessary and the most ap- Contours and Public Water Supply Well Zones of Contribution", propriate for the site. prepared by the Cape Cod Planning and Economic Development Com- 2. The development will not cause unreasonable traffic mission, dated 1982, and "Surface Water Recharge Areas Barnstable congestion or unsafe conditions and will comply with Town standards for Conservation Commission", dated March, 1984. ° parking, access, road design and construction. .. 7. Public water supply shall ordinarily be required in Open .3. The development will provide for and maintain con- Space Residential Developments, unless the applicant demonstrates that venient and safe emergency vehicle access to all buildings and structures it cannot reasonably be made available to the site. In that event, on-site at all times. _ wells may be allowed in accordance with all applicable provisions of state 4. The nature of the soils and subsoils shall be suited for law and Town of Barnstable regulations, provided that it is the intended purposes. This determination shall focus upon, but shall demonstrated that there will be a sufficient supply of potable water as not be limited to the location, design and construction of roadways, well as sufficient water for fire protection for the proposed development. buildings, surface water drainage systems and on-site sewage disposal In determining this issue, the Planning Board may require the applicant systems. Soil borings or test pits may be made on each lot, to provide in- to submit written statements of the Fire Chief and the chief water.supply formation on soil texture, color, percolation rates and depth to the official in the district or districts in which the site is located. ground water table at its maximum elevation. Maximum ground water 8. Filling, dredging and placement of utilities or structures elevation shall be determined using data available from the United States within the one hundred year flood plain as shown on the current Flood Geological Survey publication "Probable.High Ground Water Levels on Insurance Rate maps shall be avoided. If conditions of the site are such Cape Cod", when applicable. that compliance with this paragraph would be impracticable, such ac- 5. The development shall either be connected to Town tivities may be allowed in conformity with Section O of this bylaw. sewer or shall comply with the provisions of 310-CMR 15.00, of the State 9. Anticipated storm water runoff from the site shall not Environmental Code (Title 5) and the Town of Barnstable Health exceed peak runoff from the site prior to development. The applicant Regulations, with regard to on-site waste water disposal. On-site sewage shall submit formal drainage calculations by a registered professional disposal system shall be located so as to minimize the impact on surface engineer for this purpose. and subsurface water resources. In evaluating this issue, the Planning 10. Proper soil erosion and sedimentation control measures Board shall take into consideration both the direction of groundwater shall be employed to minimize sedimentation and siltation of existing flow and the distance between any such system and a water supply or surface water bodies and wetlands:lif.-&eas -where the land slopes �- other water resource. On-site sewage disposal systems shall not -be downward towards any surface water body, coastal or freshwater located within one hundred fifty (150) feet from any wetland or surface wetland, proposed filling, cutting, clearing, or grading shall be mini- water body. In no instance shall a variance,be granted from Title 5 of the mized and all such development activities shall be carried out in such a Page 30 Page 31 �I way as to retain the natural vegetation and topography wherever possi- soil removal,harvesting of trees or other natural features,refuse disposal ble,The Planning Board shall require that an erosion and sedimentation or any other activity deemed inappropriate with proposed uses of the control plan, approved by the Conservation Commission in cases in Common Open Space, the Planning Board may require the developer to which it otherwise has jurisdiction, be submitted if significant regrading restore or improve the condition and appearance of the Common Open is anticipated in slope areas. Space, and may require the posting of a bond or other appropriate form 11. .The site design shall preserve and, where possible, of performance guarantee to ensure such restoration or improvement. enhance the natural features of the property, including scenic views, by 7. Common Open Space Ownership and Management. adapting the location and placement of structures and ways to the ex- (a) Common Open Space in an Open Space Residential isting topography in order to minimize the amount of soil removal, tree Development shall be conveyed to: the Town and may be accepted by it' cutting and general disturbance to the landscape and surrounding for park or open space use; to a non-profit corporation, the principal properties. purpose of which is the conservation of open space;or to a corporation or 12. The development shall comply with all other provisions trust owned or to be owned by the owners of lots or residential units of the Subdivision Rules and Regulations of the Planning Board and any within the development. If a.corporation or trust owned by the owners of other land use regulations of the Town in effect at the time of applica- lots or residential units is utilized, ownership thereof shall pass with the tion, insofar as they are apt. V conveyances of the lots or units. In any case where such land is not con- 6. Open Space Use and Design Standards. veyed to the Town,a restriction enforceable by the Town shall be record- (a) Within an Open Space Residential Development, no less ed providing that such land shall be kept in open or natural state and not than thirty(30%)percent of the total land area shall be devoted to com- be built upon for residential use or developed for accessory uses such as mon open space. The common open space shall not include land set parking-or roadway. aside for roads and/or parking uses. (b) If the Common Open Space is not to be conveyed to the (b) The Common Open Space shall be designed and,main- Town, the application for an Open Space Residential Development tained in accordance with the following standards: special permit must include a program describing how the Common 1. Naturally-existing woods, fields, meadows and Open Space will be maintained in perpetuity to standards satisfactory to wetlands shall be maintained and improved in accordance with good the Planning Board.The applicant shall also provide as part of the Com- conservation practices. ; . mon Open Space proposal an agreement empowering the Town of Barn- 2. Common Open Space shall be planned as large, con- stable to perform maintenance of the Common Open Space in the event tiguous units whenever possible. Strips or narrow parcels of Common of failure to comply with the program included in the application pur- Open Space shall be permitted only when necessary for access or as suant to the preceding sentence, providing that, if the Town is required vegetated buffers along the site's perimeter. to perform any maintenance work, the owners of lots or units within the 3. Common Open Space may be in more than one parcel Open Space Residential Development shall pay the cost thereof and that provided that the size,shape and location of such parcels are suitable for the cost shall constitute a lien upon their properties until said cost has the designated uses. been aid. 4. No more than twenty(20%) percent of the Common 8 Review Procedures. Open Space shall be covered by impervious surfaces. All applications for Open Space Developments shall be submit- 5. Common Open Space may be used for active and ted in conformity with the requirements and procedures for submission ' passive recreation, conservation, forestry, agriculture, natural buffers, and review under the Subdivision Rules and Regulations of the Planning structures necessary to approved uses, utilities and other facilities Board and the following additional requirements: necessary for the convenience and enjoyment of the residents, subject to ~(a) The Planning Board shall be the special permit granting approval by the Planning Board. authority for all Open Space Residential Development applications. Ap- 6. Use of Common Open Space shall in all instances re- plicants shall submit preliminary materials to the Planning Board and quire approval by the Planning Board, and all structural improvements Board of Health prior to filing a formal special permit application, in and impervious surfaces must be shown on the definitive Open Space order to obtain a consensus regarding the suitability of the site for Open Residential Development plan. Space Residential Development general design concepts, and to deter- 7.. There shall be a minimum setback of fifty (50) feet mine allowable density prior to preparation of further materials. In addi- between any Common Open Space structures and all property lines of tion to the materials normally required for submission of a preliminary, a the site. plan under the Subdivision Rules and Regulations, these preliminary ' 8. In cases where the Open Space has been environmen- materials shall include tally damaged prior to the completion of the development as a result of 1. Four(4)copies of a sketch plan showing the allowable Page 32 Page 33 number of units in accordance with the underlying zoning. The sketch 1. Six (6) copies of the definitive development site plan, plan shall include ten(10)foot contours of existing topography, approx- accurately showing the proposed layout of all lots, ways and common imate area and dimensions of all lots,ways and wetlands in conformance areas and structures in relationship to the Common Open Space. The \ with the underlying zoning.The sketch plan shall be necessary only if the Common Open Space shall be accurately depicted on the plan and a note applicant chooses this method of determining density under sub- shall appear on the plan to the effect that"No lot as shown on this plan section 5. (a). and approved in accordance with the Open Space Residential Develop- 2. Four(4) copies of a soils map or other suitable infor- ment provisions of the zoning bylaw of the Town of Barnstable shall be mation regarding the nature of the soils within all areas of the proposed further subdivided." development. 2. .Regrading and erosion control plans, where required. 3. Six (6) copies of an overall development concept plan 3. Information as to the degree to which the proposed showing the location and dimensions of all building lots, the nature and plan departs from the requirements of the underlying zoning, and the extent of the Common Open Space, the location and use of any common reasons why such departures are deemed to be in the public interest. facilities or structures, the location of all ways and easements, existing 4. Drafts of proposed deeds, management plans for all and proposed drainage areas, public and private water supply wells common areas and structures, and the proposed open space restriction, within the site boundaries and on adjacent properties and, where ap- if any. plicable, the limits of any defined water recharge area as specified in (e) Upon receipt of an Open Space Residential Development ap- subsection V.S. of this section, and such other improvements as may be plication, the Planning Board shall proceed as with applications for proposed. special permits under chapter 40A of the general laws. Hearing on ap- 4. Supporting documents describing the proposed uses plications under this section may be held simultaneously with subdivision of the Common Open Space and the preferred form of ownership and review hearings. _ maintenance thereof, and of any facilities to be owned in common. 9. Duration of.Approval. 5. Any documentation tending to establish that the pro- .. (a)Notwithstanding the provisions of Section Q., Subsection 5., posed plan is better suited to the site than a conventional subdivision of this bylaw, any special permit granted by the Planning Board for an plan, including matters relating to the layout of ways and open space in Open Space Residential Development shall become void within two years relationship to the surrounding property and the site,the degree to which from the date of issue,which two years shall not include time required to the plan provides for protection of important natural features including pursue or await determination of an appeal referred to in section 17 of wetlands, steep slopes and agricultural land,the extent to which the plan chapter 40A of the general laws, unless any construction work con- provides for development of those areas best suited for building pur- templated thereby shall have commenced and proceeded in good faith poses. continuously to completion,except for a good cause. All open space shall (b) Within sixty (60) days after the receipt of preliminary be dedicated at the time the permit holder proceeds with construction materials as specified herein, the Planning Board shall give its approval, under a building permit. with or without modifications,or shall disapprove the proposal stating its (b) If at any time before, during or after construction of the pro- reasons. The Town Clerk shall be notified in writing of such approval or posed development unforeseen conditions make it necessary or disapproval. Preliminary approval for an Open Space Residential preferable to modify the project as described in the approved definitive Development shall be valid for a period of six (6) months. Open Space Residential Development application, the Planning Board (c) The Planning Board shall base its review of the requirements may authorize such modifications provided that they are within the spirit for granting a special permit on the provisions of subsection 5(c)of this of the original proposal and comply with these regulations. Recision of prior Section T,new Section T inserted by An 1 Sp May 8,1984.Approved by Ally.Gen. section. A special permit shall not be granted unless the applicant Jniy 31,1984. demonstrates compliance therewith._All other improvements shall comp- U. SIGNBOARDS ly with the Subdivision Rules and Regulations, insofar as apt. 1. Purposes, Prohibition (d) Applicants for special permits for Open Space Residential This section is adopted for the regulation and restriction of Developments shall, at the time of filing the application, submit a billboards, signs and other advertising devices within the town on definitive development plan in conformity with the Subdivision Rules public ways or on private property within view of a public way or public and Regulations of the Planning Board,which plan shall be derived from park in order to protect and enhance the visual environment of the the approved overall development concept plan.required under subsec- tion(a), above. In addition to the materials required for submission of a town and the safety, convenience and welfare of its residents. Signs definitive subdivision plan, the following documents and information which are erected or otherwise created without a permit from the sign shall be provided: officer, as herein provided,or are maintained except in conformity with this section are prohibited. Page 34 Page 35 RoBERT J. �BAUM P.G.' CpUNSELLO !S>AT,LAW 20TH•'FLOOR FIFTY•WILK STREET BOSTON, M-ASSACHUSETTS 02;109, TEL(6.17) 292-8877 FAX.(6:I:Z);482=97.10 May 19,- 1995 OE �PTB - FEDERAL EXPRESS BUILDING Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main Street ". Hyannis, MA 02601 + Re: 465 Bay Lane; Centerville, MA Dear Mr. Crossen: In response to your letter of May 12, ' 1995 regarding the building permit that my client has requested for the above parcel, I enclose the 'following: 1 . A copy of the special permit the Planning Board, approved on March 25, 1985, which was recorded in Book 4655; Page 173, of the Barnstable Registry of •Deeds; 4 2. A 'copy of the Deed to . the subject lot, dated _June ' 22, 1992 and recorded in -Book 8081 Page 084; 3. Copies of the various recorded deeds for each of the remaining lots . of this open- space development: Lot A, Lot B, Lot C, Lot E,' Lot F, and Lot G. Please. note that the last lot conveyed, Lot E, is deeded from Beech Leaf' Island, Inc. to Marchal, et ux on July 30, 1993 and was recorded-in the Barnstable Registry, of Deeds on August 9, 1993 The special permit that was granted authorized the development of seven lots "ranging in size from 13, 775 square feet to 18, 974 square feet, and open space, containing ',approximately 2.7 acres.. " After the special.'. permit was granted, all infrastructure, improvements and utilities were installed, three lots were improved with single-family homes . and sold with building permits , being w granted for the remaining four lots and foundations poured. You will recall that it was only a. few months ago that you requested that my client install fencing around the foundations- on the four remaining lots. While the completion of the construction of - all lots was delayed due to the failure of the` Sentry Federal Savings Bank and litigation that ensued thereafter, all roadways, Ralph M. Crossen May 19, 1995 Page 2 utilities, septic systems, water or electric service and other infrastructure improvements were completed, and all lots were deeded to at least one subsequent owner, with the last transfer occurring late in July of 1993. Disputes with the RTC, which succeeded Sentry Federal, resulted in litigation and prevented further construction activity until those matters were resolved last month. As my client was anticipating continuing the construction when you rescinded existing building permits on May 2, .1995, for what you described as a failure to diligently pursue construction, we are very interested in avoiding any further delay. Since you have advised me that the plans that were given you for the building permit for this lot were satisfactory, I trust that this information addresses the concerns of your recent request ,so that a building permit can issue without delay. I would appreciate your response as soon as practicable. ry my s, Robert um, P.C. RJB:rtg Enclosures cc: Ronald J. Silvia i eooy&36 FACE '035 46SS4 - - QUITCLAIM DEED l It. BEECH LEAF ISLAND, INC , a Massachusetts Corporation, having an office at 619 Main Street, Centerville, Massachusetts 02632. i For Consideration Paid of FORTY-TWO THOUSAND (s 42.000.00) AND I OO/100 DOLLARS Grant to MICHAEL K. SOUIER and KIMBERLY A. HARTSELL as Joint Tenants with rights of survivorship, with a mailing address of 28 Wequasset Avenue. Harwichport. MA 02646 g with QUITCLAIM COVENANTS the land. together with any Improvements 1 and buildings thereon. situated on 582 Bay Lane. Barnstable i (Centerville). Barnstable County. Massachusetts, described as ' follows: BEING SHOWN AStiLOT i on a plan of land entitled "BEECH LEAF LANDING. Land Court Plan in Barnstable (Centerville). Mass.. Being a Subdivision of Land Court Plan 40931A. Petitioners. Silvia & Silvia Associates. Incorporated. Scale 1" a 40 April 14. 1982. Baxter & Nye. Inc.. Registered Land Surveyors. Ostervlile. Mass." which plan Is duly filed with the Lana ,> Registration Office at Boston as Land Court Plan 40931A-2 (sheet 2) Pending. a copy of which is filed with the Barnstable County Registry of Deeds, and.to which plan reference may be made for a more particular description of said lot. LOT I contains 45,494 square feet, more or lees. as shown on said plan. r The property Is conveyed subject to the Protective Covenants. ;. Restrictions. Rights and Reservations Governing Beech Leaf Lanaing as set forth In an Instrument dated August 20. 1982 and recorded with said Registry of Deeds In Book 3546. Page 133. The Grantor herein warrants that the property conveyed herein does not constitute all . or substantially all . of the real estate or other assets owned by Beech Leaf Island. Inc. In the Commonwealth of Massachusetts. For authority, see vote recorded with said deed In Book 401.3. '! Page 14 Also see Certificates recorded in Book 7599. Pages 316 and 320. For title see deed recorded In Book 3979. Page 267. Ii — i r 1 ieooK8136 Facl 036 ' .I ' i IN WITNESS WHEREOF the said Beech Leaf Island. Inc. has caused = � Its corporate seal to be hereto affixed and these presents to be signed. acknowledged and delivered In Its name and behalf by Floyd J. Silvia. Its Treasurer. hereto duly authorized. this 29th day of July. 1992. BEECH LEAF ISLAND. INC. yA' . BYE -z -- FLOO J. qILVIA IT9 TREASURER I COMMONWEALTH OF MASSCHUSETTS Barnstable.se. July 29. 1992 I i Then personally appeared the above-named Floyd J. Silvia. Treasurer as aforesaid. and acknowledged the foregoing Instrument I to be the free act and deed of Beech Leaf Island. Inc.. before me. ;i WILLIAM A. PRICE, JR NOTARY PUBLIC j My Commission Expires: January 22. 1993 i I 7 i n[ LO JUL 29 92 i II a li i '- s , B0098481 WE 076 38690 . 1 QUITCLAIM DEED rb SILVIA AND SILVIA ASSOCIATES, INC., a Massachusetts corporation, with a usual place of bus-iness at 619 Main Street, Barnstable (Centerville), Barnstable County, Massachusetts 02632, for consideration paid of less then one hundred dollars ($100.00), grants to Beech Leaf Island, Inc., a Massachusetts corporation with a usual place of business at 619 Main Street, Barnstable, (Centerville), Barnstable County, Massachusetts with QUITCLAIM COVENANTS, the land, together with the buildings and improvements thereon, in Barnstable (Centerville) shown as Lot A on a plan of land entitled "Plan of Land in Barnstable, j Massachusetts (Centerville) prepared for: Silvia & Silvia Associates, Inc.", dated March 5, 1985, prepared by Cape Cod Survey Consultants Engineers & Land Surveyors, 3261 Main I Street/Route. 6A, Barnstable•Village, MA 02630, which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 402, Page 78, ,being more particularly bounded and described as shown on.said Plan. jy Said Parcel. of Land is also shown as�Lot'A on a plan of Land p entitled "Beech Leaf Landing at Scudder Bay, Site Flan of Lend l in Barnstable (Centerville), Mass. for Silvia & Silvia Assoc., Inc.", Scale 1"-30', dated August 24, 1989, Revised December 17, 1990, prepared by Baxter & Nye, Inc., Registered Land Surveyors & Civil Engineers, Osterville, Mass., t corded with the Barnstable County Registry of Deeds in Book ?7 , Page The aforesaid premises are conveyed subject to the followings Clio (a) to such rights as may exist in the ditch, approximately s shown on a plan recorded in Plan Book 349 Page 68. (b) the rights of the public in Old House Pond,' also known as. w Scudder Bay; v j (c) th8 right of way 15 feet wide' approximately shown on a plan of land recorded with the Barnstable County Registry r of Deeds in Plan Book 386, Page 15,. for the benefit of � - Florence W. ' Ungerman, her heirs and assigns, to and from w land now or formerly of Florence w. Ungerman and Bay Lane; • 1 (d) the provisions of an order under Massachusetts General Laws Chapter'130, Section 105, dated October 7, 1980, recorded with Barnstable County Registry of Deeds in Book 3355, Page 213; ' _ M 1 F' V_�.e. .. ... .__--._..ilLf�i6t�' - -'4'• ••d,KfuWY�iL�N� �6i.1.'t8' �'a. a a — •" p __ .... .. .... t• 500W 8081 FACE 077 Said premises are to be conveyed subject to and with the is benefit of the following: (a) the protective covenants, restrictions and. reservations, rights and easements set forth in the Protective.Covenants, Restrictions, Right and i Reservations Governing "Beech Leaf Landing at Scudder • Bay" an Open Space Development in Centerville, Massachusetts dated May 12, 1986, recorded with the Barnstable County Registry of Deeds in Book 5073, Page 200; as .amended by the First Amendment to Protective Covenants dated F<• / , 1990 and recorded in the Barnstable County Registry of Deeds in Book 73�"{ Page [_ (hereinafter referred to as the "Protective Covenants"); (b) the terms. and provisions, rights and restrictions of =n the Beech Leaf Landing at Scudder Bay Trust dated May 12, 1986, recorded with the Barnstable County ' Registry of Deeds in Book 6110, Page 128, as amended by the First Amendment to Declaration of Trust dated Tge./fr , 1990 and recorded in the Barnstable County Registry of Deeds in Book 'fe Page rf` (hereinafter referred to as the "Beech Leaf Landing at Scudder Bay Trust"); (c) the terms and provisions ,of a special permit from the Planning Board of the Town of Barnstable dated April 1, 1985, recorded with the Barnstable County Registry of Deeds in Book 4655, Page 173; ,J (d) the terms and provisions, rights and restrictions, and easements of the Open Space Restriction-Easement ;y recorded in the Barnstable County Registry of Deeds in Book 6110, Page 124, as amencled by the First Amendment thereto dated r'_ / , 199d and recorded ;'L in the Barnstable Cou jty Registry of Deeds in Book P73 , Page _�5 6 . The aforesaid premises are conveyed together with an undivided fourteen and 29_/100 percent 14.29 interest in said Beech Leaf Landing at Scudder Hay Trust. y. '.•k Said conveyance is made subject to a mortgage to the Sentry I � ' Federal Savings Bank, given by Silvia & Silvia Associates, Inc., dated September 14, 1988 in the original principal amount tr of $1,289,600.00 (the "Mortgage"), which Mortgage is recorded- in the Barnstable County Registry of Deeds in Book 6438, Page J;q 286. 2 - r t' �• 1 x" J oT L i e00Y808i WE .078 --i_ .•_.__._ Said conveyance is also made.subject .to a mortgage to the Sentry Federal Savings Bank, given by Silvia & Silvia Associates, Inc., dated September 14, 1988 in the original principal amount of $298,200.00 (the "Mortgage"),- which Mortgage is recorded in the Barnstable County Registry,of Deeds in Book 6438, Page 290. Grantor warrants that the conveyance of the real estate ! described in this Deed does not constitute all or substantially ll of the assets of Silvia and Silvia Associates, Incorporated -0' located within the Commonwea.lth of Massachusetts. Fo,r Grantor's title, see the deeds in Book 4283, Page 235, Book 5073, Page 124, Book 4073, Page 126 and see deed to Beech Leaf Landing at Scudder Bay Trust recorded in Book 6110, Page 152, all in said Barnstable County Registry of Deeds. ' EXECUTED as sealed instrument this /2 day of June, 1992. SILVIA AND SILVIA r ASSOCIATES, INCORPORATED i By• w ald Silvia, President By: .�. j Floyd J. Sil ia, Treasurer COMMONAALTH OF MASSACHUSETTS •f BARNSTABLE, SS June ,1992 Then personally appeared the above-named Ronald J. Silvia, President of Silvia and Silvia Associates, Incorporated and acknowledged the foregoing instrument to be the free act and deed of said Corporation, before me. i Notary Public - My Commission Expires: - 3 ` 1 y5: , J i • •--yj,,,� a:�JJ.Ir,1:ARLii1+=�%•��",dr�.:i+.�..iA�•:.L•a.rr.r:'- - _ ___.._. ' � D ,: 1 • t • • h � t1 t P J•; i #- L n t ii 1 1 �} y :M1 'Tl J 2 r4k 1'i+ 4 Jk ' �nrr 4K t ( I lr t•�> � r s f r� 0j�IV��tW. 35 Y SW8081 PUE 080 nnt'±Y'r.aIM DEED SILVIA AND SILVIA ASSOCIATES, INC., a Massachusetts - cdrporation, with .a usual place of business at 619 Main Street, ' Barnstable (Centerville), Barnstable County, Massachusetts 02632, for consideration paid of less then one hundred dollars ..g ($100.00), grants to Beech Leaf Island, Inc., a Massachusetts corporation with a usual place of business at 619 Main Street, Barnstable, .(Centerville), Barnstable County, Massachusetts with QUITCLAIM COVENANTS, the land, together with the buildings and improvements thereon, in Barnstable (Centerville) shown as Lot C on a plan of land entitled "Plan of Landiin Barnstable, Massachusetts (Centerville) prepared for: Silvia & Silvia M Associates, Inc.', dated March 5, 1985, prepared by Cape Cod Survey Consultants Engineers & Land Surveyors, 3261 Main Street/Route 6A, Barnstable Village, MA 02630, .which plan is a recorded with the Barnstable County Registry of Deeds in Plan Book 402, Page 78, being more particularly bounded and described as shown on said Plan.. o Said Parcel of Land is also shown as Lot C on a plan n Land ) ; a entitled "Beech Leaf Landing at Scudder Bay, Site Plan of Land in Barnstable (Centerville),. Mass. for Silvia & Silvia Assoc., e Inc.', Scale 1"=30', dated August 24, 198.9, Revised December 17, 1990, prepared by Baxter & Nye, Inc., Registered Land a eers,. Osterville, Mass., Surveyors & Civil Engin recorded with the Barnstable County Registry of Deeds in Book Y 7 7 Page - `• .,- w M The aforesaid premises are conveyed subject to the following: e (a) to such rights as may.exist in the ditch, approximately m shown on a plan recorded in Plan Book 349, Page 68. ! v (b) the rights of the public in Old House Pond, also known as , Scudder Bay; (c) the right of way 15 feet wide, approximately shown on a d plan of land recorded with the Barnstable County Registry 0 of Deeds in Plan Book 386, Page 15, for the benefit of T:� A w ' Florence W. Ungerman, her heirs and .assigns, to and from land now or formerly of Florence W. Ungerman and Bay Lane; (d) the provisions of an order under Massachusetts General.. Laws Chapter 130, Section 105, dated October 7, 1980, .� recorded with Barnstable County Registry of Deeds in Book 3355, Page 213; 1 R �- 1-7 sonK 8081 FAU 081 i "%— --- Said premises are to be conveyed subject to and with the benefit. of the following: (a) the protective covenants, restrictions and reservations, rights and. easements set forth in the Protective Covenants, Restrictions, Right and ' -Reservations. Governing "Beech Leaf Landing at Scudder Bay" an Open Space Development in Centerville, Massachusetts dated May 12, 1986, recorded with the Barnstable County Registry of Deeds in Book 5073, Page r ."s• 200, as amended by the First Amendment to Protective .c Covenants dated Pt. If , 199 4 hereto and recorded in the Barnstable County Registry of Deeds in Book'�f F Page Ila (hereinafter referred to as the "Protective �. Covenants"); (b) the terms and provisions, rights and restrictions of the Beech Leaf Landing at Scudder Bay Trust dated May 12, 1986', recorded with the Barnstable County Registry of Deeds in Book 6110, Page 128, as amended by the First Amendment to Declaration of Trust dated !�t<•/F, 199e and recorded in the Barnstable County Registry of Deeds in Book7_W, Page V.1 (hereinafter referred to as the "Beech Leaf Landing at Scudder Bay Trust"); r.. (c) the terms and provisions of a special permit from the Planning Board of the Town of Barnstable dated April V 1, 1985, recorded with the Barnstable County Registry of Deeds in Book 4655., Page 173; (d) the terms and provisions, rights and restrictions, and easements of the Open Space Restriction-Easement i a recorded in the Barnstable County Registry of Deeds in Book 6110, Page 124, as amended by the First Amendment thereto dated IV—L 199.o and recorded in the Barnstable County Registry of Deeds in Book Zafdr is Page &. { The aforesaid premises are conveyed together with an undivided fourteen and 29 /100 percent (14,29) interest in said ' Beech Leaf Landing at Scudder Bay Trust. Said conveyance. is made subject to a mortgage to the Sentry ( Federal Savings Bank, given by Silvis 6 Silvia Associates, Inc., dated September 14, 1988 in the original principal amount 1 ' of $1,289,600.00 (the "Mortgage")', which Mortgage is recorded in the Barnstable County Registry of Deeds in Book 6438, Page 286. . 2 _ 1 i - 1 • i' 1 .t -- f e00r.808i ► 1. 082 Said conveyance is also made subject to a mortgage to the Sentry Federal Savings Bank, given by Silvia 6 Silvia Associates, Inc., dated September= 14, 1988 in the original principal amount of $298,200.00'(the "Mortgage"), which Mortgage is recorded in the Barnstable County Registry of Deeds in Book 6438, Page 298. • t Grantor warrants that the conveyance of the real estate described in•this Deed does not constitute all or substantially all of the assets of Silvia and Silvia Associates, Incorporated located within the Commonwealth of Massachusetts. For Grantor's title, see the deeds in Book 4283, Page 235, Book f 5073, Page 124, Book 4073, Page 126 and see deed to Beech Leaf { Landing at Scudder Bay Trust recorded in Book 6110, Page 152, all in said Barnstable County Registry of Deeds. EXECUTED as sealed instrument this zL day of June, .1992, x SILVIA AND SILVIA 3 ASSOCIATES, INCORPORATED i By., I { Ronald Silvia, President i Flo Silvia, Treasurer COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, 88 June 1 Z, 1992 Then personally appeared the above-named Ronald J. Silvia, President of Silvia and Silvia Associates, Incorporated and acknowledged the foregoing instrument to be the free act and deed of said Corporation, before me. Notaiy Public My Commission Expires: • - 3 - .Z{F ;. `<. aoo Mi F•!cf .083 •'.. COMMONWEALTH OF MASSACHUSETTS HARNSTAHLE, SS June 7? 1992 - F Then personally appeared the above-named Floyd J. Silvia, Treasurer of Silvia and Silvia ASSOCiates, Incorporated and ? . acknowledged the foregoing instrument to be the free act and deed of said Corporation, before me. le, / Notary Public F ' My Commission Expires z - :i 4, }( " 4 ' nCLUhULG JUN 24 92 : t rJ - . e00K8O81 mE. 084 38692 , .QUITCI:AIM DEED sIpm AND SILVIA ASSOCIATES, INC., a.Massschusetts f corporation, with a usual place of business at 619 Main Street, . Barnstable (Centerville), Barnstable County, Massachusetts .02632, for consideration paid of less then one hundred dollars (5100.00); grantstto Beech'Leaf-Island, -Inc.; a Massachusetts corporation with a- usuaI-place"of bus iness .at. 619 Ma in:Street, . Barnstable, (Centerville), Barnstable County, Massachusetts with QUITCLAIM COVENANTS, the. land, together with the buildings and improvements thereon,. in Barnstable (Centerville) shown as Lot. D .on'a plan of land entitled "Plan of Land in Barnstable, Massachusetts (Centerville) prepared .for: Silvia & Silvia ' `Associates, Inc.", dated March 5, 1985, prepared by Cape Cod Survey.Consultants Engineers & Land Surveyors, 3261 Main t Street/Route 6A, Barristable.Viliage, MA 02630, which plan is ` recorded with the Barnstable County Registry of Deeds in, Plan ` r Book 402; Page 78, being more particularly bounded.and described as shown on said Plan: :. ~_ Said Parcel .of .Land is also shown as Lot D,on a plan of_Land entitled *Beech Leaf .Landing at .Scudder Bay, Site Plan of•Lend . a. in Barnstable (Centerville), Mass. fo.r Silvia & Silvia Assoc., f Inc.", Scale d"=3'01,..dated August 24., 1989,: Revised December 17, 1990, prepared by Baxter &' Nye, Inc., Registered Land �. Surveyors & Civil Engineers,;Csterville, Mass..; rQcorded'with a the Barnstable County'Registry, of Deeds in .Book 77 , Page Ll z The aforesaid premises are conveyed subject to .the followingt a (a) to such rights as may- exist in the.:ditch, .approximately shown on a.plan recorded in Plan Book 349, Page 68 ot0o (b) the,ri'ghts of the public in.Old House Pond, also known as , ~ . Scudder Bay: (c) the right.of way 15• feet wide, approximately shown on a a a plan of land.'recorded with the Barnstable County Registry w of Deeds in Plan'- Book•386, Page_15, for-the benefit of Florence W Ungerman, :her heirs and assigns, to and from land now or formerly of•Florence W. Ungerman'and Bay Lanel w (d) the provisions of an order.under MassachusetCs'Genera2 w Laws Chapter 130, Section 105, dated.October.7, 1980; c : M recorded with Barnstable County Registry of Deeds in Book w 3355, Page 213f. J. 800A 8081-Fact •085 j. ,r. Said premises are to be conveyed. subject.. to and with the . benefit of the following: J (a) the protective covenants,' restrictions and reservations, rights and easements set forth in the r Protective Covenants', Restrictions, Right and Reservations Governing "Beech Leaf Landing at Scudder "•' ' Bay" an Open Space Development in Centerville, Massachusetts dated May 12, 1986, recorded with the Barnstable County Registry of Deeds in Book 5073, Page 200, as amended by the First endment to Protective Covenants dated c. , 1994, and t, recorded in the Barnstable County Registry of Deeds. * in eook7 , Page -3-f. (hereinafter referred to as ...4 the "Protective Covenants"); (b) the terms �and :provisions, rights and restrictions of the.Beech Leaf Landing at Scudder Bay Trust dated May 12, 1986, recorded with the Barnstable County' Registry of Deeds in Book 6110, Page 128, as amended . by the Fi.rst.Amendment to Declaration of. Trust �• dated Ft / , 1990, and' recorded in the Barnstable County Registry. of Deeds in Book'? Page _yam } y (hereinafter referred to as the "Beech Leaf Landing ! at. Scudder Bay .Trust"); ?. (c) the .terms and provisions of a: special permit from the Planning Board of the. Town of. Barnstable dated April 1, 1985, recorded with the Barnstable County Registry of Deeds.in Book 4655, Page 173; (d) the terms and .provisions, 'rights and restrictions, I and easements of the Open Space Restriction-Easement recorded in the Barnstable County .Registry of _Deeds in Rook 6110, Page 124, .as amended by the First Amendment thereto' dated :e 199Q and recorded',in the Barnstable County Registry of Deeds in Book Page , r. i } ..The aforesaid premises are conveyed together with an undivided fourteen and 29 /100 percent 14.29 interest in said .Beech Leaf Landing at Scudder Bay Trust. t" Said conveyance is made subject to a mortgage to the Sentry Federal Savings Bank, given by Silvia& Silvia Associates, . Inc., dated September 14, 1988 in the original principal amount ` of $1,289,600.00 (the "Mortgage'), Which Mortgage is recorded in the Barnstable County Registry of Deeds in Book 6438, Page 286. it - 2 + 808O81 086 Said conveyance is also made subject to a mortgage to the Sentry Federal Savings Bank, given by Silvia & Siavia jlasociates, Inc., dated September 14, 1988 in the original principal amount. of $362,700.00 (the 'Mortgage'); which - Mortgage is recorded in the Barnstable County.Registry of Deeds in Book 6438, Page 302. Grantor warrants that the conveyance of the real estate described in this Deed does not constitute all or substantially all of the assets of Silvia and Silvia Associates, Incorporated located within the Commonwealth of Massachusetts. For Grantor's title, see the deeds in Book 4283, Page 235, Book 5073, Page 124, Book.4073, Page 126 and see deed to Beech Leaf . .-Landing at Scudder Bay Trust recorded in Book 6110, Page 152, all in said Barnstable County Registry of Deeds. i EXECUTED as sealed instrument this?2 y day of June, 1992. SILVIA AND SILVIA ASSOCIATES, INCORPORATED ' BY: (2JIL ,A �! /� j • Ronald J. lvia, President . i Floy . Silvia, Treasurer COMMONWEALTH OF MASSACHUSETTS . BARNSTABLE, SS June , 1992 Then personally appeared the above-named Ronald J. Silvia, i President of Silvia and Silvia Associates, incorporated and acknowledged the foregoing instrument to be the.free act and deed of said Corporation, before me. otary Public 04 My Commission Expires: 3 - i i _—.-+..•r�+y,r�.L•-w-;n.wt.: ri•.w. ..,..�,�••.—r ....._-... .. .._-.. .•-.� .. .. --�{�.+_.c�.:�-•�.jr•�♦ _ _ 4. tk ,l ;N 80OX8081 F,cr 087 y & COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS June L�', 1992 Then personally appeared the above-named Floyd J. Silvia, Treasurer of Silvia and Silvia Associates, Incorporated and acknowledged the foregoing instrument to be the free act and deed of said Corporation, before me. . tary Public {�. My Commission E:pirost l r _ _ .. .. + .��UhUr 0 JUN 24 92 ^4 . , Fitt 092 . eooK8081 38694 . j OUiTCT.sIM DEED a SILVIA AND SILVIA ASSOCIATES, INC., a Massachusetts corporation, with a usual place of business at 619 Main Street, Barnstable (Centerville), Barnstable County, Massachusetts 026320 for consideration paid of less then one hundred dollars ($10o.00), grants to Beech Leaf Island,,;Inc., a Massachusetts corporation with a usual place of business at 619 Main Street, Barnstable, (Centerville), Barnstable County, Massachusetts with QUITCLAIM COVENANTS, the land, together with the buildings and improvements thereon, in Barnstable (Centerville) shown as Lot F on a plan of land entitled "Plan of Land in Barnstable, Massachusetts (Centerville) prepared for: Silvia & Silvia Associates, Inc.", dated March 5, 1985, prepared by Cape Cod Survey Consultants Engineers & Land Surveyors, 3261 Main Street/Route 6A, Barnstable-Village, MA 02630, which plan is . x recorded with the Barnstable County Registry of Deeds in Plan Book 402, Page. 78, being more particularly bounded and described as shown on said Plan. Said Parcel of Landis also shown as Lot F on a plan of Land d entitled "Beech Leaf Landing at Scudder Bay, Site Plan of Land I e in Barnstable (Centerville), Mass. for Silvia & Silvia Assoc., . Inc.", Scale 1"-30', dated August 24, 1989, Revised December r ; 17, 1990, prepared by Baxter & Nye, Inc., Registered Land aSurveyors & Civil Engineers, Osterville, Mass., recorded with *. m the Barnstable County Registry of Deeds in Hook _, Page _• m The aforesaid premises are conveyed-subject to the following: d (a) to such rights as may exist in the ditch, approximately c shown on a plan recorded in-Plan Book 349, Page 68. T m (b) the rights of the public in Old House Pond, also known as x: ' Scudder Bay; (c) 15 feet wide roximatel shown on a the right of way , .spp Y plan of land recorded with the Barnstable County Registry a of Deeds in Plan Book 386, Page 15, for the benefit of Florence W. Ungerman, her heirs and assigns, to and from land now or formerly of Florence W. Ungerman and Bay Lane; j 1 r (d) the provisions of an order under Massachusetts General o Laws Chapter'130, Section 105, dated October 7, 1980, recorded with Barnstable County Registry of Deeds in Book OW -3355, Page 213; _ f . 1 , Boos 6081 FAA 093 Said premises are to be conveyed subject to and with the ry, benefit of the following: (a) the protective covenants, restrictions and reservations, rights and easements set forth in the Protective Covenants, Restrictions, Right and Reservations Governing "Beech Leaf Landing -at Scudder Bay" an Open Space Development in Centerville, ' Massachusetts dated May 12, 1986, recorded with the Barnstable County Registry of Deeds in Book 5073, Page i 200, as amended by the First Amendment to Protective Covenants dated J)C4. /,, 1990 and recorded in the i Barnstable County Registry of Deeds in Book 7 7 Ff ;,: Page 1 C (hereinafter referred to as the "Protective Covenants"); y (b) 'the terms and provisions, rights and restrictions of the Beech Leaf'Landing at Scudder Bay Trust dated May . 12, 1986, recorded with the Barnstable County Registry of Deeds in Book 6110, Page. 128, as amended by the i First Amendment to Declaration of Trust dated IE , 199.b and recorded in the Barnstable County Registry of Deeds in Book 19f, Page FA- (hereinafter referred to as the "Beech Leaf Landing at Scudder Bay Trust"); (c) the terms and provisions of a special permit from the Planning Board of the Town of Barnstable dated April 1, 1985, recorded with-the-Barnstable County Registry y of Deeds in Book 4655., .Page 173; r.; (d) the terms easements ofdtheoOpeno rights $Space Restriction and recorded in the Barnstable County Registry of Deeds in i Page 24 a amended b the First Amendment Book 6110, a i s y t 9 r thereto dated ')cC 1C , 199_� and recorded in the i Barnstable County Registry of Deeds in B ook'r3F f , � Pa e n 9 _.�• I The aforesaid premises are conveyed togetther with an fourteen and 28 (14.28) undivided _/100 percent interest in said i Beech Leaf Landing at Scudder Bay Trust. Said conveyance is made subject to a mortgage to the Sentry Federal Savings Bank, given by Silvia & Silvia Associates, Inc., dated September 14, 1988 in the original principal amount of $1,289,600.00 (the "Mortgage"), which Mortgage is recorded in the Barnstable County Registry of Deeds in Book 6438, Page 290.. i - 2 - h , I ROOK 808i WE 094 Said conveyance is also made subject to a mortgage to the Sentry Federal Savings Bank, given by Silvia a Silvia Associates, Inc., dated September 14, 1988 in the original principal amount of $298,200.00 (the "Mortgage"), which }' Mortgage is recorded in the Barnstable County Registry of Deeds in Book 6438, Page 310. Grantor warrants that the conveyance of the real estate . described in this Deed does not constitute all or substantially �r all of the assets of Silvia and Silvia Associates, Incorporated located within the Commonwealth of Massachusetts. For Grantor's title, see the deeds in Book 4283, Page 235, Book 5073, Page 124, Book 4073, Page 126 and see deed to Beech Leaf Landing at Scudder Bay Trust recorded in Book 6110, Page 152, all in said Barnstable County Registry of Deeds. EXECUTED as sealed instrument this Z L day of June, 1992. SILVIA AND SILVIA ASSOCIATES, INCORPORATED By. �.na .11via, President 0o 4 FloyyJ. Sil�reasurer -COMMONWEALTH OF MASSACHUSETTS. BARNS TABLE, SS June 2Z`, 1992 Then personally-appea'red the above-named Ronald J. Silvia, President of Silvia and Silvia Associates, Incorporated and acknowledged the foregoing instrument to be the free act and deed of said Corporation, before me. i Notary Public , My Commission Expires: 3 - � u 1 BOD 8081 FOCE 095 COMMONWEALTH OF MASSACHUSETTS HARNSTAHLE, SS June ZZ, 1992 Then personally appeared the above-named Floyd J. Silvia; •^ '� Treasurer of Silvia and Silvia Associates, Incorporated and acknowledged the foregoing instrument to be the free act and deed of said Corporation, before me. 7ew_s �.? Lf7otery public My Commission Ezpirest 1- ALLUhU 0 JUN 24 92 _ + _ °a I !! '- 1 i' I. f4 is AIR ,,•,,elm.. , �� BP1U8719-0141 93-08-09 1138 946527 yt ii t�y QUITCLAIM DEED Y BEECH LEAF ISLAND, INC., a Massachusetts corporation, with a usual place 0 of business at 619 Main Street, Barnstable (Centerville), Barnstable County, Massachusetts 02632, for consideration in the amount of Four Hundred Twenty Five Thousand and no/100 ($425,000.00) Dollars, grants to Patrick P. Marchal and Deborah K.Marchal� 463 Bay Lane, Barnstable �. (Centerville), Barnstable County, Massachusetts 02632, with QUITCLAIM ., COVENANTS, the land, together with the the buildings and improvements Y thereon, in Barnstable (Centerville) shown as Lot E on a plan entitled"Plan f _J of Land in Barnstable, Massachusetts (Centerv111e) prepared for: Silvia & a Silvia Associates, Inc.', dated March 5, 1985, prepared by Cape Cod Survey =� T, Consultants Engineers & Land Surveyors, 3261 Main Street/Route 6A, �) Barnstable Village, MA 02630, which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 402, Page 78, being more ' particularly bo u, unded and described as shown on said Plan. rye: *husband and wife as tenants by the entirety ' Said Parcel of Land is also shown as'Lot E on a plan of Land entitled "Beech Leaf Landing at Scudder Bay, Site Plan of Land 1n Barnstable �. (Centerville), Mass. for Silvla & Silvia Assoc., Inc,", 1"-30', dated ; August 24, 1989, Revised December 17, 1990, prepared by Baxter &Nye, Inc., Registered Land Surveyors &Civil Engineers, Osterv111e, Mass., 1 recorded with the Barnstable County Registry of Deeds in Book 477, Page t 42. The aforesaid premises are conveyed subject to the following: (a) to such rights as may exist in the ditch, approximately shown on a plan recorded In Plan Book 349, Page 68; (b) the rights of the public in Old House Pond, also known as Scudder Bay; ` 1 •,�; ton �� x O n In CQ MM M¢ Ln 91 4 V .r1 <<f b •tr 14V406718.0142 93-08-09,, 1138 *46527 (c) the right of way 15 feet wide, approximately shown on a plan of land recorded with the Barnstable County Registry of Deeds in Plan Book 386, Page 15, for the benefit of Florence W. Ungerman, her heirs and assigns, to and from land now or formerly of Florence W. Ungerman and Bay Lane; (d) the provisions of an order under Massachusetts General Laws Chapter 130, Section 105, dated October 7, 1960, recorded with Barnstable County Registry of Deeds in Book 3355, Page 213; Said premises are to be conveyed subject to and with the benefit of the 4. following >a 19} ri (a) the protective covenants, restrictions and reservations, rights and easements set forth in the Protective Covenants, restrictions, Right and Reservations Governing "Beech Leaf Landing at Scudder Bay" an Open Space Development in Centerville, Massachusetts dated May 12, 1986, recorded with t the Barnstable County Registry of Deeds in Book 5073, Page 200, as amended by the First Amendment to Protective Covenants dated December 18, 1990 and recorded in the.. Barnstable County Registry of Deeds in Book7388, Page 36 (hereinafter referred to as the "Protective Covenants"); * and as further amended in Book 7560, Page 211 (b) the terms and provisions, rights and restrictions of the Beech Leaf Landing at Scudder Bay Trust dated May 12, 1986, recorded with the Barnstable County Registry of Deeds in Book 61 10, Page 128, as amended by the First Amendment to Declaration of Trust dated December 18, 1990 and recorded in the Barnstablc, County Registry or Deeds in Book 7388, Page 45 (hereinafter referred to as the "Beech Leaf Landing at Scudder Bay Trust"); (c) the terms and provisions of a special permit from the Planning Board of the Town of Barnstable dated April 1; 1985, recorded with the Barnstable County Registry of Deeds in Book 4655, Page 173; n. l` V L rqs Z p.. . Bpi08719-0143 93-08-09 1138 44GS27 (d) the terms and provisions, rights and restrictions, and easements of the Open Space Restriction-Easement recorded in the Barnstable County Registry of Deeds in Book 61 10, Page 124, as amended by the First Amendment thereto dated l December 18, 1990 and recordedMesoMMM in Book 7388, Page 50. :c The aforesaid premises are conveyed together with an undivided fourteen .; and 28/1.00 (14.28%) percent interest in said Beech Leaf Landing at Scudder Bay Trust. - Grantor warrants that the conveyance of the real estate described in this Deed does not constitute all or substantially all of the assets of the r Grantor, and that the transfer 1s being made In the ordinary course of a business. For Grantor's title, see the Quitclaim Deed in Book 8081, Page 088 and see Deed to Beech Leaf Landing at Scudder Bay Trust recorded in Book 6110, F 152, all in said Barnstable Count Registry .�:.. page Y of Deeds. EXECUTED as a sealed instrument this a0"day of July, 1993. BEECH LEAF ISLAND, +' INCORPORATED w ;. _ g a By. Ronal Silvia, President •- '` Flo J. SIM , Treasurer `Y�n - r BP+08719-0144 93-OS-09 1�38 i46S27 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. Date: vy 3a /��✓ 0� Then personally appeared the above named Ronald J. Silvia, President of Beech Leaf Island Incorporated, and acknowledged the execution of the foregoing instrument to be the free act and deed of said Corporation before me. rotary lic Commission Expires: in/-7AAY. COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. Date: r a• t : Then personally appeared the above named Floyd J. Silvia, Treasurer {' j: of Beech Leaf Island Incorporated, and acknowledged the execution of the foregoing instrument to be the free act and deed of said Corporation before me. - otary lic . y Commission Expires: j Y s. BARNSTABLE REGISTRY OF DEEDS �; . i itg shall be designed so that vehicle sight distance shall not be affected at (e) It shall be the responsibility of an applicant for an Open entrances, exits or at street intersections. Space Residential Development special permit to demonstrate to the 5. Any specific provision in any other section of the Town bylaw Planning Board that this form of land development will be as or more'ap- relating to parking shall prevail over provisions in this section." propriate than traditional patterns of residential development for the Recission of old Section S,New Section S inserted by May 4,1985 Sp 10,approved by Atty.Gen.July 19, particular site being considered. 1985. T. OPEN SPACE RESIDENTLAL DEVELOPMENT— 4. Permitted Uses. 1. Purpose. (a) Detached one-family dwellings. In order to provide for the public interest by the preservation of (b) Uses permitted within the Common Open Space as de- open space in perpetuity, variety in residential housing development pat- scribed in these regulations. terns which allow for development more harmonious with natural (c) Recreational facilities exclusively for Open Space features and town growth policies than traditional residential develop- Residential Development.purposes. ment, to promote the maximum possible protection of open space,visual 5. Minimum Requirements. quality and watershed protection, and to encourage efficient provision of (a) Density: The total number of residential units allowable on necessary utilities and community services, the following regulations are a site proposed for Open Space Residential Development shall not ex- established for Open Space Residential Development within the Town of ceed the number of units that would be allowed in the zoning district in which the site is located, [except as otherwise permitted in this section.] Barnstable. In making any and all determinations under this bylaw the Wetlands and water:bodies shall not be included in the overall area when Planning Board shall always compare the impact of an open space calculating densityTHe burden of proof shall be upon the applicant in development with potential conventional development, and may approve open space development if the impact is no more adverse than conven- determining the allowable number of units. tional development. The total number of units allowed shall be determined by one of 2. Applicability. the following methods to be selected by the applicant: Open Space Residential Development shall be allowed within 1. Dividing eighty-five (85%) of the total upland area of all residential zoning districts subject to the requirements of this bylaw the tract by the minimum lot size of the underlying zoning district; or, for those districts, and in accordance with the additional requirements 2. Layout by a preliminary sketch plan in accordance with subsection VIII A 1., showing the total number of lots which could be specified herein.3. General Requirements. obtained by utilizing a conventional grid subdivision. Regulations: The Planning Board may rant a (a) Any parcel of land located within a zone permitting Open (b) Intensity reduction of up to 75% on all intensity regulations ofthe underlying zon- Space Residential Development which would accommodate at least four dwelling units under the provisions of the underlying zoning district may ing regulations for all portions of an Open Space Residential Develop- ment, if the Planning Board finds that such reduction will result in better Develop- be considered for an Open Space Residential Development subject to a design, improved protection of natural and scenic resources, and will special permit issued O the Planning Board. otherwise comply with these regulations, provided that in no instance (b) After an Open Space Residential Development application p y g has been submitted, no utility installations, no ditching, grading or con- shall any lot contain less than 5,000 square feet or have less than twenty struction of roads, no grading of land or lots, no excavation except for (20) feet of frontage, or front, side and rear setbacks of less than seven purposes of soil testing, no dredging or filling, and no construction of and one-half(7.5') feet. Normally, a 50-foot perimeter strip will be re- buildings or structures shall be done on any part of the development site quired but may be reduced to 20 feet by the Planning Board. Such perimeter strip should have natural vegetation whenever possible, and be until the application has been reviewed and approved as provided by properly maintained. Bicycle paths, riding trails or walkways within the (c) No Open Space Residential Development will be approved these regulations. erimeter strip are permitted, but only a minimum number of curb cuts within an established single-family residential neighborhood if the Plan- will be permitted, in accordance with subsection V.C., below. The ning Board determines that such land use would have a detrimental ef- perimeter strip shall be considered to be a part of open space. fect upon the surrounding property. (c)Development Standards: Prior to the issuance of a special per- mit for an Open Space Residential Development, the applicant shall sub- the development of interior land parcels when appropriate in Open (d)It is a general policy of the Town of Barnstable to encourage mit the information necessary to demonstrate that the following develop- Space Residential Development projects. Correspondingly, the develop- ment standards have been met: ment of land along existing road frontage shall be discouraged, in order 1. Curb cuts: It is a policy of the Town of Barnstable to to retain and enhance the visual quality of the Town and to maintain the limit the number of curb cuts on public ways. Within an Open Space safety and efficiency of public ways. Page 30 Pace 31 Residential Development, normally only two (2) curb cuts will be al- lowed, although the Planning Board may approve additional curb cuts if b. The use of septic tank sewage disposal systems the applicant can demonstrate that they are necessary for the site and designed to service more than one unit is prohibited. will not result in traffic hazards or congestion. In all instances, it will be For the purposes of this subsection, the recharge areas of public the responsibility of the applicant to demonstrate that the location, water supplies and surface water bodies shall be determined from the number and design of curb cuts are both necessary and the most ap- following maps which are on file with the Town Clerk: "Water Table propriate for the site. Contours and Public Water Supply Well Zones of Contribution", 2. The development will not cause unreasonable traffic prepared by the Cape Cod Planning and Economic Development Com- congestion or unsafe conditions and will comply with Town standards for mission, dated 1982, and "Surface Water Recharge Areas Barnstable parking, access, road design and construction. Conservation Commission", dated March, 1984. 3. The development will provide for and maintain con- 7. Public water supply shall ordinarily be required in Open venient and safe emergency vehicle access to all buildings and structures Space Residential Developments, unless the applicant demonstrates that at all times: it cannot reasonably be made available to the site. In that event, on-site 4. The nature of the soils and subsoils shall be suited for wells may be allowed in accordance with all applicable provisions of state the intended purposes. This determination shall focus upon, but shall law and Town of Barnstable regulations, provided that it is not be limited to the location, design and construction of roadways, demonstrated that there will be a sufficient supply of potable water as buildings, surface water drainage systems and on-site sewage disposal well as sufficient water for fire protection for the proposed development. systems. Soil borings or test pits may be made on each lot, to provide in- In determining this issue, the Planning Board may require the applicant formation on soil texture, color, percolation rates and depth to the to submit written statements of the Fire Chief and the chief water supply ground water table at its maximum elevation. Maximum ground water official in the district or districts in which the site is located. elevation shall be determined using data available from the United States 8. Filling, dredging and placement of utilities or structures Geological Survey publication "Probable High Ground Water Levels on within the one hundred year flood plain as shown on the current Flood Cape Cod", when applicable. Insurance Rate maps shall be avoided. If conditions of the site are such 5. The development shall either be connected to Town that compliance with this paragraph would be impracticable, such ac- sewer or shall comply with the provisions of 310-CMR 15.00, of the State tivities may be allowed in conformity with Section O of this bylaw. Environmental Code (Title 5) and the Town of Barnstable Health 9. Anticipated storm water runoff from the site shall not Regulations, with regard to on-site waste water disposal. On-site sewage exceed peak runoff from the site prior to development. The applicant disposal system shall be located so as to minimize the impact on surface shall submit formal drainage calculations by a registered professional and subsurface water resources. In evaluating this issue, the Planning engineer for this purpose. Board shall take into consideration both the direction of groundwater 10. Proper soil erosion and sedimentation control measures flow and the distance between any such system and a water supply or shall be employed to minimize sedimentation and siltation of existing other water resource. On-site sewage disposal systems shall not be surface water bodies and wetlands. In areas where the land slopes located within one hundred fifty (150) feet from any wetland or surface downward towards any surface water body, coastal or freshwater water body. In no instance shall a variance be granted from Title 5 of the wetland, proposed filling, cutting, clearing, or grading shall be mini- State Environmental Code or Town Health Regulations in regard to mized and all such development activities shall be carried out in such a depth to groundwater or distance to wetlands, buildings and water sup- way as to retain the natural vegetation and topography wherever possi- ply wells. ble. The Planning Board shall require that an erosion and sedimentation 6. Any parcel to be serviced by on-site sewage disposal control plan, approved by the Conservation Commission in cases in systems located wholly or partially within the recharge area of any public which it otherwise has jurisdiction, be submitted if significant regrading water supply or the recharge area of any inland water body shall be sub- is anticipated in slope areas. ject to the following additional requirements: 11. The site design shall preserve and, where possible, a. No more than six (6) units shall be clustered together enhance the natural features of the property, including scenic views, by and a one hundred (100) foot, naturally-vegetated buffer area shall be adapting the location and placement of structures and ways to the ex- provided between all such groups of units, unless sufficient isting topography in order to minimize the amount of soil removal, tree hydrogeological information is supplied by the applicant to demonstrate cutting and general disturbance to the landscape and surrounding that ground water discharges from on-site sewage disposal systems will properties. be spread across the ground water contours to the maximum extent 12. The development shall comply with all other provisions possible so as to avoid the development of a concentrated effluent plume. of the Subdivision Rules and Regulations of the Planning Board and any other land use regulations of the Town in effect at the time of applica Page 32 tion, insofar as they are apt. Page 33 Open Sp ace Use and Design Standards. veyed to the Town, a restriction enforceable by the Town shall be record- 6. Ope p g a Within an Open Space Residential Development, no less ed providing that such land shall be kept in open or natural state and not O for accessory uses such as or developed than thirty(30%)percent of the total land area shall be devoted to com- be built upon for residential use d p y mon open space. The common open space shall not include land set parking or roadway. aside for roads and/or parking uses. (b) If the Common Open Space is not to be conveyed to the (b) The Common Open Space shall be designed and main- Town, the application for an Open Space Residential Development in accordance with the following standards: special permit must include a program describing how the Common tained t g i to standards satisfactory to Open Space will be maintained in perpetuity y 1. Naturally-existing woods, fields, meadows and _ OP P P P tY wetlands shall be maintained and improved in accordance with good the Planning Board. The applicant shall also provide as part of the Corn- conservation practices. mon Open Space proposal an agreement empowering the Town of Barn- 2. Common Open Space shall be planned as large, con- stable to perform maintenance of the Common Open Space in the event tiguous units whenever possible. Strips or narrow parcels of Common of failure to comply with the program included in the application pur- Open Space shall be permitted only when necessary for access or as suant to the preceding sentence, providing that, if the Town is required vegetated buffers along the site's perimeter. to perform any maintenance work, the owners of lots or units within the 3. Common Open Space may be in more than one parcel Open Space Residential Development shall pay the cost thereof and that provided that the size, shape and location of such parcels are suitable for the cost shall constitute a lien upon their properties until said cost has the designated uses. been paid. 4. No more than twenty (20%) percent of the Common 8. Review Procedures. Open Space shall be covered by impervious surfaces. All applications for Open Space Developments shall be submit- s. Common Open Space may be used for active and ted in conformity with the requirements and procedures for submission passive recreation, conservation, forestry, agriculture, natural buffers, and review under the Subdivision Rules and Regulations of the Planning structures necessary to approved uses, utilities and other facilities Board and the following additional requirements: necessary for the convenience and enjoyment of the residents, subject to (a) The Planning Board shall be the special permit granting approval by the Planning Board. authority for all Open Space Residential Development applications. Ap- 6. Use of Common Open Space shall in all instances re- plicants shall submit preliminary materials to the Planning Board and quire approval by the Planning Board, and all structural improvements Board of Health prior to filing a formal special permit application, in and impervious surfaces must be shown on the definitive Open Space order to obtain a consensus regarding the suitability of the site for Open Residential Development plan. Space Residential Development general design concepts, and to deter- 7. There shall be a minimum setback of fifty (50) feet mine allowable density prior to preparation of further materials. In addi- between any Common Open Space structures and all property lines of tion to the materials normally required for submission of a preliminary the site. plan under the Subdivision Rules and Regulations, these preliminary 8. In cases where the Open Space has been environmen- materials shall include tally damaged prior to the completion of the development as a result of 1. Four(4)copies of a sketch plan showing the allowable soil removal, harvesting of trees or other natural features, refuse disposal number of units in accordance with the underlying zoning. The sketch or any other activity deemed inappropriate with proposed uses of the plan shall include ten (10)foot contours of existing topography, approx- Common Open Space, the Planning Board may require the developer to imate area and dimensions of all lots, ways and wetlands in conformance restore or improve the condition and appearance of the Common Open with the underlying zoning. The sketch plan shall be necessary only if tlic Space, and may require the posting of a bond or other appropriate form applicant chooses this method of determining density under sub- of performance guarantee to ensure such restoration or improvement. section 5. (a). 7. Common Open Space Ownership and Management. 2. Four (4) copies of a soils map or other suitable infor- (a) Common Open Space in an Open Space Residential mation regarding the nature of the soils within all areas of the proposed Development shall be conveyed to: the Town and may be accepted by it development. for park or open space use; to anon-profit corporation, the principal 3. Six (6) copies of an overall development concept plan showing the location and dimensions of all building lots, the nature and purpose of which is the conservation of open space;or to a corporation or extent of the Common Open Space, the location and use of any common trust owned or to be owned by the owners of lots or residential units facilities or structures, the location of all ways and easements, existing within the development.,If a corporation or trust owned by the owners of lots or residential units is utilized, ownership thereof shall pass with the and proposed drainage areas, public and private water supply wells within the site boundaries and on adjacent properties and, where ap conveyances of the lots or units. In any case where such land is not con- Page 34 Page 35 • (e) Upon receipt of an Open Space Residential Development ap- plicable, the limits of any defined water recharge area as specified in plication, the Planning Board shall proceed as with applications for subsection V.S. of this section, and such other improvements as may be special permits under chapter 40A of the general laws. Hearing on ap- prt'pt'sed plications under this section may be held simultaneously with subdivision 4. Supporting documents describing the proposed uses review hearings. ()f the Common Open Space and the preferred form of ownership and 9. Duration of Approval. maintenance thereof, and of any facilities to be owned in common. (a)Notwithstanding the provisions of Section Q., Subsection 5., 5. Any documentation tending to establish that the pro- of this bylaw, any special permit granted by the Planning Board for an posed plan is better suited to the site than a conventional subdivision Open Space Residential Development shall become void within two years plan, including matters relating to the layout of ways and open space in from the date of issue, which two years shall not include time required to relationship to the surrounding property and the site, the degree to which pursue or await determination of an appeal referred to in section 17 of the plan provides for protection of important natural features including chapter 40A of the general laws, unless any construction work con- \\etlands, steep slopes and agricultural land, the extent to which the plan templated thereby shall have commenced and proceeded in good faith provides for development of those areas best suited for building pur- continuously to completion, except for a good cause. All open space shall Doses. be dedicated at the time the permit holder proceeds with construction (b) Within sixty (60) days after the receipt of preliminary under a building permit. materials as specified herein, the Planning Board shall give its approval, (b) If at any time before, during or after construction of the pro- with or without modifications,or shall disapprove the proposal stating its posed development unforeseen conditions make it necessary or reasons. The Town Clerk shall be notified in writing of such approval or preferable to modify the project as described in the approved definitive disapproval. Preliminary approval for an Open Space Residential Open Space Residential Development application, the Planning Board Development shall be valid for a period of six (6) months. may authorize such modifications provided that they are within the spirit (c) The Planning Board shall base its review of the requirements of the original proposal and comply with these regulations. for granting a special permit on the provisions of subsection 5(e)of this Recision of prior Section T,new Section T inserted by An 1 Sp May 8, 1984.Approved by Atty.Gen. section. A special permit shall not be granted unless the applicant July 31, 1984. demonstrates compliance therewith. All other improvements shall comp- U. SIGN REGULATIONS. ly with the Subdivision Rules and Regulations, insofar as apt. 1. Purpose and Prohibition (d) Applicants for special permits for Open Space Residential This section is adopted for the regulation and restriction of Developments shall, at the time of tiling the application, submit a billboards, signs and other advertising devices within the Town on public definitive development plan in conformity with the Subdivision Rules ways or on private property within view of a public way or public property and Regulations of the Planning Board,which plan shall be derived from in order to protect and enhance the visual environment of the Town and the approved overall development concept plan required under subsec- the safety, convenience and welfare of its residents. Signs which are tion (a), above. In addition to the materials required for submission of a erected or otherwise created without a permit from the Building Com- delinitive subdivision plan, the following documents and information missioner, as herein provided, or are maintained except in conformity shall be provided: with this section, are prohibited. 1. Six (6) copies of the definitive development site plan, 2. Definitions accurately showing the proposed layout of all lots, ways and common a) Abandoned Sign. A sign which no longer identifies or areas and structures in relationship to the Common Open Space. The advertises a bonafide business, lessor, service,owner, product,or activity Common Open Space shall be accurately depicted on the plan and a note and/or for which no legal owner can be found. shall appear on the plan to the effect that "No lot as shown on this plan b) Animated Sign. Any sign which uses movement or change and approved in accordance with the Open Space Residential Develop- of lighting to depict action or to create a special effect or scene. ment provisions of the zoning bylaw of the Town of Barnstable shall be c) Area. (See Section 3 herein). further subdivided." d) Banner. A sign made of fabric or any non-rigid material 2. Regrading and erosion control plans, where required. with no enclosing framework. (Itiired e) Billboard. (See "Off-Premise Sign"). 3. Information as to the degree to which the proposed 0 Building Commissioner.The Building Commissioner of the plan departs from the requirements of the underlying zoning, and the Town of Barnstable or his designee. reasons why such departures are deemed to be in the public interest. g) Building Sign. A sign affixed to and wholly supported by 4. Drafts of proposed deeds, management plans for all an exterior wall of a building or structure. common areas and structures, and the proposed open space restriction, Page37 if ally. Page 36 4'I iit l I ! ,. _ eoolcq�Sr�cE 17.3 r i .! r , I 44'734 i TOWN OF BARNSTABLE _ I , PLANNING BOARD - � i S1LV1A AND SILVIA ASSOCIATES, INCORPORATED r M r# BEECH LEAI ISLAND 1NC. Deed duly recorded in the r" h &HORNBERRY, INC., Property Owner .j County-Ite t -C _ _ -- --- r. eia ty of Deea76�Bonii i ! SAME _ Petition page `_ Registry er ' District of the Land Court Certificate No. t —__Dock { . Page ,. d11110*No. ADrll 1, 1985 I!) ' ^ — --_---- YAM and DZOIBION Incorporated, et al ` II I'm itloner Sl.lvZa and SllvfA (t,��oclates, filed petition on Fib• 20, 83 f Spt•r.ial 19 - rrr sera - ti n a 1 edt'a.naa e i R emit for ..ro P p misea at Bev Lane In the village U ntrrvl l lr prnaq J _�...__.. .........� adjoining premise• of 5 j (ace Attached list) it tx,cus under nonddrntloar Barnstable Assraaor's Map no, tea lot no. ...3__.__�y rf: 1'rtllion far Mpeciai Permltr AtpitlkaWaousYtaiaw�it T. ilk ` r ❑made under&a. �_,_.�,_.__,, of the Town of Barnstable 9xm1119 bylaws and tiro, ('haptrr 10A., Mass. Gen. taws »� for the puryraa of Idvrus Is prrarntiy untrd In— RD.... __.. ......_.»......... �-' i, . NnUer of this hearing was given by mail, posintto prrpnld, to all persons dremed affected and i :a .;..Y by publMhiog In Harnstabir ilrtriot urwai,aper published In Town of Iimmmlable a copy of which In attarhrd to the reeord of these proerrdUrgs flied with Town Clerk. nnninR A public hraring by !{rr PI Q&*vBRRnnrd � Mi lls of the Tn%vn of liarnslable Was held at the Town - -- a; Office Building, Ilyannla, Mall„ at uiwn said petition under soning by.laws. laws, 3 Present at the heating were the follow nrem/t/r��'•/r_•r brown � d Chairman Lrl� udith French L KA Robert Brown Mar Ann B. 9tra er Pater Hutton ,�: t r r r r. r;l aoaK465r�cf 174 At the eonolasioa of the hearing, the Board took said petition under advisement. A view of the loess was made by the Board, Arymik No p 2 of 3 n March 2S•.; • Planning Boardpees Be t On ' 19ILL.The 1110MUMMUIppoW found and surrou Petitioner The Petitioner tv the owner of a 3.4 acre parcel of land on Bay Lane in Centerville, Approval k shown as Parcel 3 on Assessor's Nap 183, which.it has divided .into seven (7) lots on an approval not required plan prepared by Baxter 6 Nye. Inc., which has been recorded in the Rarntrnhle County Registry of Deeds in Plan Book 386, Page 15. This land is serviced F g by Town water. Petitioner proposes, as an alternative, an Open Space Development, and seeks a special permit pursuant to Section T of the Town of Barnstable Zoning By-laws. (2`.. Petitioner's plan, dated March 5, 1985, prepared by Cape Cod Survey Consultants, shows seven (7) lots, ranging in size from 13,775 square feet to 18,974 square feet, and Open -` Space, containing approximately 2.7 acres. Each lot on the proposed Open Space Development will be serviced by its own septic system. The premises are located in an established residential area containing lots of v, approximately 20,000 square feet in area. The houses proposed for the Open Space Development would be similar in size and price range to the existing houses in the area. In addition, --- Ba- the number of houses proposed, i.e. 7, ir.-:.the same as- could be constructed under the - a Special Approval Not Required 'above referred to, thus the Board finds that the Open Space Development ' would not have a detrimental effect upon the surrounding property. tU r. The Centerville-Osterville Fire Chief has advised the Board that the proposed common driveway to be constructed will provide safe and convenient access to all buildings 1 ` and structures by emergency vehicles. ,. !. The Board of Health has issued septic system permits for all seven of the proposed ' dwellings, and has found that these septic systems are in compliance with Title 5 and «^' Town of Barnstable Board of Health regulations. None of the lots in the proposed development are within the recharge area of any 1@ public water supply, or the recharge area of any inland water body. Petitioners have submitted calculations showing that the anticipated storm water run-off of the site as developed will not exceed peak run-off from the site prior to development. Also, the location of the proposed structures have been adapted to the existing topography of the (Continued on Page 31 /J -L / �St'T Clerk of the Town of Barnstable, Barnstable County, 31assachusetts• hereby certify that twenty (20) days have elapsed since the PZarnin.-,7 ta' to-rd rendered its decision in the above entitled petition and that no appeal ul said derision has been filed ;k An the office of the Town Clerk.. ; :g Sigurd and 5euL•d this ..f ..i� �pf_ ��bl/_ 19 -��' — under the pains and penalties of perjury.,,.. Distribution:— Property Owner'4t Town Clerk tr jli, ' Mtvrs4ol liplwwia PZcnn?na board Applicant �,. ;, Town of Barnstable Persnns interested'l �•T' .qs5• �:' Ituilding Inspector 1�'•i :' �' " , /�/�1k/� Public InformatioA�_�C `t .� :� !:' Ily• GP, fir:+'.t• `Chairman • ---_—�------ 1. _---:-----------------_ -----------------------------------...----._ -- ------------------- ---._._.-.... Bvx4655mE V5 . premises, and that the soil removal tree tuttin , and eneral_disturbance to the landscape ' and surrounding properEfes has been minimized. The Board additionally finds that the Petitioner's proposed Open Space Development is superior to development under the current Approval Not Required Plan in the following two important respect a: k (1) The Open Space Development contains only two_c_urb cuts, while under the-"curr'ent-'recoided Approval Not Required Plan, there could conceivablybe seven (7) driveways exiting onto Bay Lane. This would reducetraffic congestion in the area. i t t (2) All septic systems in the proposed Open Space Development are e located at least 150 feet from any wetlands, while under the current Approval Not Required Plan, septic systems could conceivably be located as near as 75 feet if a variance were `. obtained from the Town of Barnstable Board of Health Regulations. In any event, septic systems could be as near as 100 feet from i . e the wetlands. Based on the above findings, the Board voted unanimously to grant the Petitioner a Special Permit pursuant to Section T of the Town of Barnstable Zoning By-Laws. SEE Pt-AN r2E C09DED 14/ PLAN gooK Y0.2 PA&E 78 . t r . i T ;:I:l1a1.1, - (f41M ]le; . eeu+ ;iv�fr-r M " aoo�61i0��cE i29 -- I OPENYRESTRICTIONSPACE :. O ` zk i EaseNE NT 354 the Grantor: SILVIA AND SILYIA Ma33ach ASSOCIATES, INCORPORATED, a Massacusetts corporation with a usual of business at 619 Main Street Place ' i Massachusetts r Centerville, The Grantee: THE TOWN OF BARNSTABLE, 367 Main Hyannis, MA 02601 Street, r p The premises are located on Bay Lane of Centerville in the Town and fount in the ble a consist Orr2. -_._-- 77 acres more or Y of Barnstable and designated "p " less and are shown as Areas i -` - -` - pen Space on a Land in BARNSIABLE Plan of land entitled ^ Silvia 8 Silvia Associates,' (CENIERVILLE Plan of 1985 Ca , Scale i"�_ Prepared for Cape Cod Survey Inc.Consultants, 3261 Main March 5,Barnstable Registry of Massachusetts Street/Route 6A; Count g• , recorded with Barnstable 9 Y Deeds in Plan Book 402 Page 78. For Grantor's title e ' see deeds recorded in Book 4 ! `B 124 , and Book 5073 Pa a 383' Page 235, Book 5073 pa The Grantor, for ' g 12ti . consideration of the approval b Town of Barnstable of an open space residential development, grants to the Grantee and its succ Y the Grantee an 0 successors and assigns of the 'as set forth below. Restriction - Easement on the premises I �' r; The terms of the Open Space Restriction that, in order to assure that the - Easement are an open or natural state and notibes shall be kept in ! residential use or developed for accessor�ilt upon for parking or roadway, the Grantor a roes y uses such as I g that; u at; , A. Except as set forth in Paragraph B f Grantor nor the successors , neither the give or assigns of the Grantor will Perform or Permission following to others to acts or uses on the premises: perform, the (1) No residence, road sign, I other advertisinE display, �mobile home oror hemp-orary or j permanent structure j will be ted to be constructed, placed or permit ( I ALRER'TJSG"Ult or to remain on, above or under the Placed •TTa"«•tuw premises; i �•11at"�D.D f "!"T J.SC"ULZ 16.71 oart+wua.w oa••• i I � •noa"[r•r uw aloes •A•tR RD•D i � 1 1 - BOOK611OPIGE 12$ ,4 4 (2) Fxcept for customary drainage ditching 1 activities relating to, mosquito and other insect control , no soil , loam, peat, gravel:, - sand, rock or other mineral resource or 'natural deposit shall be excavated, dredged or removed -.----- - -- from thetrash,, . a - i premises; and no soil refuse ee vehicle bodies or parts, rubbish, debris, ,junk, e, waste or other substance or material whatsoever shall be placed, filled, stored or dumped r - thereon; t[ (3) No trees, grasses or other vegetation � e k on the premises shall be cut, removed or ter 6 otherwise destroyed , except for (a) the i - harvesting of marsh hay, (b) ditching ge .� P activities and (o) clearing of shrubbery, trees ❑d and other --veget-at-i-orr-fur—the-purposes of as T "s p beautification and. maintenance of vistas; and or ' (4) No'use shall be made of the premises, 7, I pxi and no activity thereon shall be permitted )At' I ., _ _ N which is or may become inconsistent with .the le I r intent of this grant, being the preservation of the premises predominantly in their present t condition, the protection of environmental 33, I systems and scenic enjoyment. B. The provisions of Paragraph A notwithstanding, the he rr . ; following uses and activities shall be permitted: 1 t, :. 4 he ( 1 ) Use of the premises for any s {'Y 3 .} n recreational use. and accessory facilities, _ incidental to Beech Leaf Island at Scudder Bay, _ an Open Space Development, (including but not re limited to tennis, platform tennis and other in racquet sports, and swimming) and other or I improvements customarily associated with such as I use; i (2) Use of the premises or any part thereof he for farming, agriculture, horticulture, . 1 >' -•- silviculture, forestry (such uses to .be An he accordance with good woodland and agriculture management practices), park, equestrian; animal husbandry or recreational uses (not involving -- - # = r motorized recreational vehicles) such as cross a country skiing, hiking and horseback riding; and SCNUL2 . "Jy• 2 E reap F all ISOUL ONGE(3) Landscaping, excavation and filling, g�' bell di ine � _ creationofg� removal or cutting of vegetation fencing f paths, installation of utilities, plowing, provided that such activities are normally associated with the foregoing permitted uses I , They foregoing Open Space Restriction Easement is ( intended to ensure that the land shall be kept in an open and natural state and not be built upon for residential use or t • developed for accessory uses such as parking or roadway. I ( ( The Open Space Restriction - Easement hereby conveyed does not grant to the Grantee, to the Public, or to any other person any right to enter upon the premises, except as follows: There is hereby granted to the Grantee the right to r> enter the premises for the purpose of inspecting the same to j ? determine compliance herewith, and the Iown of Barnstable shall be empowered, in the event of the failure by the Trustees of the Beech Leaf Landing at Scudder Bay Trust, to . } perform the maintenance and upkeep of the Open Space areas r i and facilitiesand if any--such work is P P of Barnstable, t Performed by't-he-..-Town R 1 -= --- - --- -- --�-- ---` at Scudder Bay, shall pay owners cost thereof and the cost shall { constitute a lien upon the lots in said development until the Town of Barnstable has been reimbursed. F N ' the Grantor intends that this grant be an . t gross in perpetuity. easement in ^ IN WITNESS WHEREOF, the said SILVIA AND SILVIA i ASSOCIATES. INCORPORATED has caused its corporate seal to be ( ! hereto affixed and these presents to be signed, acknowledged ;F 5 and delivered in its name and behalf by Ronald J. Silvia, its .. s ( President, and Floyd J. Silvia, its Treasurer, hereto duly r authorized this day of 1774 =F 1986 >' . \ 4! r = SILVIA AND SILVIA ASSOCIATES, Rona a 1 via, re3i ent By Floyd jC Silvia; Ire asurer .f Auewr J.scNutz yv ArrOfgay avUW - `•. O'sTallYllli.Yl Oaaaa !!(9y +Pr K + ain•aapau ( F ( 5 � ( tf r » BOOKE110POE 127 I . x I [ i [ r Commonwealth of Massachusetts I z 4 9arn3tabl.e-, — -- -- } — - --- - -- sa- 1986 Ihen personally appeared Lhe above named RONALD J. men is ' SILVIA and FLOYD J. SILVIA, and acknowledged the foregoing )pen and instrurdent to be their free act and deed of SILVIA AND SILVIA . use or ( ASSOCIAIES, INCOR.P.ORAI.ED.,_-before-me------- iy. onveyed9/ iy other I - I 4otary-ept as My commission expires s LG SeX6�2 L -fight to _ li same to I astable 4 .. b.y the ust, t0 I 4 e areas .h e Town ----- anding h t shall �. til the ment in SILVIA to be 'I rledged ri ia, its .o duly I p 1986. , 'IATES, "• � ,�„ s-ii n t a x ;urer < �y. •L![RT J SCHULZ I .�[R[R ROAO a T-IL[:".02H0 - - - 4 f f f �Ot.CED JAN 22 88 i 4 S. t r._ � The Town ®f Barnstable Deparment of Health Safety and Environmental Services \� " S& ` Building Division 61 16 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Cressen Fax: '508-790-6230 Building Commissioner- May 12, 1995 Robert J. Baum, P.C. Counselors At Law 20th Floor 50 Milk Street Boston, MA 02109 Re: 465 Bay Lane, Centerville, MA Dear Attorney Baum: This letter will confirm my conversation yesterday with your client, Ron Silvia, and my message on your voice mail earlier this week where I requested more.information concerning Mr. Silvia's building permit application at 465 Bay Lane, Centerville, MA The following were requested: 1. proof of recording and the date of recording of your special permit for this lot concerning an open space configuration. 2. copy of all deeds, including open space parcels, for all lots involved in this special permit. 3. proof that your lot conforms to Barnstable Zoning Ordinances and 40a dimensionally. If you are claiming a lot size based on Section 6, please show me the dates involved to justify that. If you are claiming that the lot conforms to zoning, please tell me how. If you are relying on some other form of relief, please let me know. Sincerely, Ralph M. Crossen Building Commissioner RMC/km cc: Silvia and Silvia Robert Smith, Town Attorney Q950512A A The Town of Barnstable BARIM16 9. � Department of Health Safety and Environmental Services Ma+" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen .Fax: 508-790-6230 Building Commissioner 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 Mr. 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 2. Lot"C", 473 Bay Lane, Centerville, Permit 930307, dated 9/18/86 3. Lot"D", 465 Bay Lane, Centerville, Permit#30308, dated 12/18/86 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 v/'Z A9 S Building Commissioner RMC/km cc: Attorney Robert Baum DELIVERED IN HAND Received By Date P 015 496 621- Rec®ipt for- a Certif�d°IGiail No Insurance Coverage Provided u�sr Do not:use for,International Mail . (See Reverse) Sent to Mr. Floyd Silvia Street and N 619 Main Street P.O.,State and ZIP Code Centerville, MA 0263 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing p� to Whom&Date Delivered m Return Receipt Showing to Whom, c Date,and Addressee's Address 7 - TOTAL.Postage y C &Fees ll� Postmark or Date M E o` LL STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address y leaving the receipt attacllbd and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return' address of the article,date,detach and retain the receipt,and mail the article. F rn E 3. If you want a return receipt,write the certified mail number and your name and address on a! c return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ended space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. O O 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E 5. Enter fees for the services requested in the appropriate.spaces an the front of this receipt;If LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. T N 8. Save this receipt and present it if you make inquiry. 1025e5-e3-z-0478 - - �: The Town of Barnstable 6`9. � Department of Health Safety and Environmental Services " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissitmer, 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 Mr. 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 2. Lot"C", 473 Bay Lane,Centerville, Permit#30307, dated 9/18/86 3. Lot"D", 465 Bay Lane, Centerville, Permit#30308, dated 12/18/86 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 DELIVERED IN HAND Received By Date .IOSFPH D. DALUz xflRkillt1nt917NRoxRX1lXkk�4tx Building Commissioner EXT 107 XXXX xxkxx TELEPHONE 508-790-6227 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 June 24, 1991 Silvia & Silvia Associates, Inc. 619 Main Street Centerville, MA 02632 RE: Open Foundations, Bay Lane area, Centerville Gentlemen: Please contact this office re the open foundations in the Bay Lane area of Centerville. Peace .J ,seph D. Dan Building Commissioner JDD/gr r, I d SENDER: H • Complete items 1 and/or 2 for additional services. I also wish to receive the ru • Complete items 3,and 4a&b. following services (for an extra ` • Print your name and address on the reverse of this form so that we can m return this card to you. fee): ` N • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address N does not permit. m • Write"Return Receipt Requested"on the mailpiece below the article number. G • The Return Receipt will show to whom the article was delivered and the date 2. El Restricted Delivery c delivered. Consult postmaster for fee. 0 cc •0 3. Article Addressed to: 4a. Article Number Beech Leaf Island, Inc. P O15 493 893 * � 0• 4b. Service Type 0 E 619 Main Street fr 0 El ❑ Insured Centerville, MA 2632 ❑ Certified ❑ COD rA lLU ❑ Express Mail ❑ Return Receipt for = Merchandise 7. to of Delivery w 5. Signature Add ssee) 8` A ressee's Address(Only Ifrequested x and fee is paid) C L C 6. Signature (Agent) HPS Form 3811, December 1991 *U.S.GPO: DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE I Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT I I OF POSTAGE, $300 I I I I I � I I ( I � I I Print your name, address and ZIP Code here Mr. Ralph M. Crossen, Bldg. Commissioner I I TOWN OF BARNSTABLE I 367 Main STreet Hyannis, MA 02601 I i �C � � v � �.r ��, �' tu�-�, � ,�,' . , � �> 41 SENDER: ( � I also wish to receive the H • Complete items 1 and/or 2 for additional services. ra • Complete items 3,and 4a&b. following Services (for an extra V Print your name and address on the reverse of this form so that we can fee): d return this card to you. N m • Attach this form to the front of the mailpiece,or on the back if space 1. ElAddressee's Address y does not permit. +' N • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery a t '"' • The Return Receipt will show to whom the article was delivered and the date o delivered. Consult postmaster for fee. f(D v 3. Article Addressed to: 4a. Article Number Z 269 564 997 d Mr. Ralph M. Crossen ` Ea BuildingCommission 9 Service Type 0® Registered El Insured cc cc) The Town of Barnstable 0 y ® certified 367 Main Street ❑ COD y N [I Express Mail ❑ Return Receipt for o Hyannis , MA 02601 Merchandise c 7. Date of Delivery � � 5. Signature Addressee) 8. Addressee's Address (Only iftrequested c and fee is paid) M ,,,u,,,j 6. Signature (Agent) ~ 0 PS Form 3811, December 1991 *U.S.GPO:1993-352-714 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE I Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE,$300 I i Print your name, address and ZIP Code here SILVIA&SILVIA ASSOCIATES, INC. 610 gain Street CabWft MA 02632 T (60)776.1442 P 375 7-- !-` 6 Receipt for Certified Mail e No Insurance Coverage Provided UIUTED Mns Do not use for International Mail Po9tu SERVICE (See Reverse) ach Leaf Island, Inc. Mr. Ronald J. StrUl'9d Main Street P.O.,State and ZIP Code Centerville, Postage Certified Fee y1� Special Delivery Fee s .Restricted Delivery Fee Return Receipt Showing - o) to Whom&Date Delivered' �. .Return Receipt Showing to Whom, j Date,and Addressee's Address TOTAL Postage ~J c &Fees Postmark or Date 00 E o ' LL N STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front): 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address y leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier(no extra charge). ' 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. rn 3. If you want a return receipt,write the certified mail number and your name and address on a c return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. O O 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E `o 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. rn a 6. Save this receipt and present it if you make inquiry. 105603-92-a-0226 '.� SENDER: ;y Complete items 1 and/or 2 for additional services. I also wish t0 receive the y i•.Cor9plete items 3,and 4a&b. following services (for an extra i Print your name and address on the reverse of this form so that we can feel: 41 ra urn this card to you. N • Attaeh this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address does not permit. r t • Write"Return Receipt Requested"on the mailpiece below the article number. 2 ❑ Restricted Delivery G " • The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. 4) -0 3. Article Addressed to: 4a. Article Number d Beach Leaf Island; Inc. P 375 771 616 CL 4b. Service Type m Mr. Ronald J. Silvia ccl cc) 619 Main Street [IRegistered ❑ Insured N E�t Certified ❑ COD 5 Centerville, MA 02632 Return Receipt for � ❑ Express Mail ❑ I Merchandised 7. Date of Delivery a ellvhpy ' z k� lz Z 5 ' na a (Add re el 8. Addressee's Address 0 I. if reques x and fee is paid) 0 r m 6. Signature (Agent F' � 4 � yPS Form 3811, December 1991 *U.S.GPO:1993-352.714 DOMESTIC RETURN RECEIPT � �- i UNITED STATES POSTAL SERVI }° �� O P; G P M Fcr Cl- Official `� 1 +� Business �7 i t OCT ,rt� �. USE TO PENALAVOIDgPAYMENT QF POSTAGE;.— Print your name, address and ZIP Code here 1 L " I Town of Barnstable Inspection Department 367 Main Street Hyannis, MA 02601 t r r r n r r lll::r r :laih:IhII,r; llll 11 The Town of Barnstable MAS& Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building-Commissioner October 14, 1994 Beach Leaf Island, Inc. Attention Mr. Ronald J. Silvia, President 619 Main Street Centerville, MA 02632 Re: A 187 003.003 A 187 003.004 A 187 003.005 A 187 003.007 Dear Mr. Silvia: While I appreciate your letter assuring me that you had taken action to fence around all your foundations, I am somewhat perplexed. A site visit has shown that you only fenced in portions of these foundations. Attached, in yellow, are the areas fenced. Maybe you prematurely sent your letter out half way through the job. If that is the case, when will you be fencing in the rest of each foundation? I suggest you finish the job and send me a letter after you finish. Thank you in advance for your cooperation. Sincerely, 1 Ralph M. Crossen Building Commissioner RMC/km enclosure CERTIFIED MAIL P 375 771 616 R.R.R. Q941014A t I t Silvia & Silvia Associates, Inc. October 7,1994 Mr. Ralph M. Crossen Building Commission The Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: A 187 003.003 A 187 003.004 A 187 003.005 A 187 003.007 Dear Mr. Crossen: Pursuant to your request to fence in the above referenced foundations in your letter dated September 28, 1994, please be advised this has been completed. Cordially, �- Ronald J. Silvia President Isb Certified Mail: Z 269 564 997 619 Main Street, Centerville, Massachusetts 02632 (508) 775-1442 Fax 771-7626 SEND, o y Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete itims 3,and 4a&b. following services (for an extra it • Print y6ur name and address on the reverse of this form so that we can fee): > 0 return this card to you. d • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address N does not.pf(mit. CL �.; •, • Write;;Feturn Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt will show to whom the article was delivered and the date U c delivered. Consult postmaster for fee. � 3. Article Addressed to: 4a. Article Number P 015 493 899 d � a Beech Leaf Island, Inc. 4b. Service Type 0 619 Main Street El Registered ❑ Insured NCM Centerville, MA 02632 ® Certified ❑ COD W ❑ Express Mail ❑ Retur Receipt for p� I Merofiandise C 7. Date of Deliver a v / XZ o cc5. Signature (Addressee) 8. Addressee' Addr ss(Only if requested Y and fee is paid) r H L W 6. Si a Gturee ((�genty E' _ y PSi orm 3811, December 1991 au.s.GPO:1993-352.714 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT US MAIL OF POSTAGE,$300 Print your name, address and ZIP Code here s Town of Barnstable Building Division 367 Main Street Hyannis, MA 02601 [I re?p? !I! {??I{ee?Hill?idI1 P 015 493 599 Receipt-for r -. Certified.Mail. .. No Insurance Coverage Provided Do not'use for International Mail (See Reverse) Sent to Beech Leaf Island, Inc. Stree No, 041n6 Main Street P.O.,State andZlP Code Centerville, MA. 02632 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee - Return Receipt Showing p� to Whom&Date Delivered mReturn Receipt Showing to Whom, C Date,and Addressee's Address 7 I TOTAL Postage C &Fees is Postmark or Date M E `o I CA a f I STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CUSS POSTAGE, CERTIFIED MAIL FEE,ADO CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). x 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attachld and present the article at a post office service window or hand it to t your rural carrier(no extra charge). Cl- 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. rn 3. If you want a return receipt,write the certified mail number and your name and address on a r- return receipt card,Form 3811,and attach it to the front of the article by means of the gummed .� ends if space permits.Otherwise,affix to back of article.Enderse frontal article RETURN RECEIPT REQUESTED adjacent to the number. C 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E 0 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If u- return receipt is requested,check,the applicable blocks in item 1 of Form 3811. a 8. Save this receipt and present it if you make inquiry. 102595-93-z-0478 r • s�xysrnsi,�, The Town of Barnstable MASS. Department of Health, Safety and Environmental Services ram" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner October 7, 1994 Beech Leaf Island, Inc. 619 Main Street Centerville, MA 02632 Re: My letter to you, dated September 28, 1994 regarding: Lot F, 447 Bay Lane, Centerville(A=187.003.003) Lot C, 473 Bay Lane, Centerville(A=187.003.004) Lot D, 465 Bay Lane, Centerville(A=187.003.005) Lot A, 485 Bay Lane, Centerville(A=187.003.007) Gentlemen: We have not heard from you regarding the above referenced letter. Unless we hear from you by October Gi 7s1f994, we will proceed with court action. Sincerely, Ralph M. Crossen Building Commissioner RMCAun CERTIFIED MAIL P015 493 899 R.R.R. I_ Silvia & Silvia Associates, Inc. Alt October 7,1994 Mr. Ralph M. Crossen Building Commission The Town of Barnstable 367 Main Street. - Hyannis, MA 02601 , Re: A 187 003.003 A 187 003.004 A 187 003.005 A .187 003.007 Dear Mr. Crossen: Pursuant to your request to fence in the above referenced foundations in your letter dated September 28, 1994, please be advised this has been completed--- Cordially, 8 - Ronald J. Silvia President /sb Certified Mail: Z 269 564 997 619 Main Street, Centerville, Massachusetts 02632 (508) 775-1442 Fax 771-7626 op� • a�xxsrnsi,E. The Town of Barnstable Department of Health, Safety and Environmental Services " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner October 14, 1994 Beach Leaf Island, Inc. Attention Mr. Ronald J. Silvia, President 619 Main Street Centerville, MA 02632 Re: A 187 003.003 A 187 003.004 A 187 003.005 A 187 003.007 Dear Mr. Silvia: While I appreciate your letter assuring me that you had taken action to fence around all your foundations, I am somewhat perplexed. A site visit has shown that you only fenced in portions of these foundations. Attached, in yellow, are the areas fenced. Maybe you prematurely sent your letter out half way through the job. If that is the case, when will you be fencing in the rest of each foundation? I suggest you finish the job and send me a letter after you finish. Thank you in advance for your cooperation. Sincerely, Ralph M. Crossen Building Commissioner RMC/km enclosure Q941014A . . °: The Town of Barnstable • >AxxsrAJ" • '& Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner October 7, 1994 Beech Leaf Island, Inc. 619 Main Street Centerville, MA 02632 Re: My letter to you, dated September 28, 1994 regarding: Lot F, 447 Bay Lane, Centerville(A=187.003.003) Lot C, 473 Bay Lane, Centerville(A=187.003.004) Lot D, 465 Bay Lane, Centerville(A=187.003.005) Lot A, 485 Bay Lane, Centerville(A=187.003.007) Gentlemen: We have not heard from you regarding the above referenced letter. Unless we hear from you by October 17, 1994, we will proceed with court action. Sincerely, Ralph M. Crossen Building Commissioner RMC/km CERTIFIED MAIL P015 493 899 R.R.R. i P 015 493 893 Receipt for -`!a- Certified.Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to Beech Leaf Island, Inc. Street and No. 619 Main Street P.O.,State and ZIP Code Centetvjlle::;, MAv--i Q2632 ' Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing p� to Whom&Date Delivered. mReturn Receipt Showing to Whom, C Date,and Addressee's Address 7 TOTAL Postage C &Fees 0 Postmark or Date. M E LL I j STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, p' CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(as front). I � 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attachtid and present the article at a post office.service window or hand it to your rural carrier(no extra charge). x ` 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. or 3. If you want a return receipt,write the certified mail number and your name and address on a c return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse from of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. a I 8. Save this receipt and present it if you make inquiry. 102595-93-z-0478 A a The Town of R,�,�.�� : Barnstable A& Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner September 28, 1994 Beech Leaf Island,Inc. 619 Main Street Centerville, MA 02632 RE: A 187 003.003 A 187 003.004 A 187 003.005 A 187 003.007 Gentlemen: You are hereby ORDERED to fence in the above referenced foundations the same way the Nehemiah Lovell House of Osterville foundation was enclosed. You must do this within twenty four(24)hours of receipt of this order. Call me if you have any questions with this order. Sincerely, /G�G��, Ralph M. Crossen Building Commission RMC/g CERTIFIED MAIL: P 015 493 893 R.R.R i i - - : The Town f. MRNgr o Barnstable NABS. Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner September 28, 1994 Beech Leaf Island,Inc. 619 Main Street Centerville, MA 02632 RE: A 187 003.003 A 187 003.004 A 187 003.005 A 187 003.007 Gentlemen: You are hereby ORDERED to fence in the above referenced foundations the same way the Nehemiah Lovell House of Osterville foundation was enclosed. You must do this within twenty four(24)hours of receipt of this order. Call me if you have any questions with this order. Sincerely, Ralph M.Crossen Building Commission RMC/gr CERTIFIED MAIL: P 015 493 893 R.R.R. R187 003. 007 LOC 0485 BAY LANE CTY 10 TDS 300 Co KEY 327845 ADDRESS------- PCA 1011 PCs 00 YR 85 PARENT 107583 BEECH LEAF ISLAND, INC MAP AREA 43AB iv MTG 0000 619 MAIN ST SPI SP2 SP3 UTI UT2 40 S(-,I. FT CENTERVILLE MA 02632 AYB EYB OBS CONSl_ 0000 LAND 131900 IMF, OTHER 10100 ----LEGAL DESCRIPTION---- TRUE MKT 142000 REA CLASSIFIED #LAND 1 131 , 900 ASD LND 131900 ASD IMF' ASD OTH 10100 #OTHER FEATURE 1 10, 100 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #DL LOT A TAX EXEMPT #PL 485 BAY LANE RESIDENT"L 142000 142000 142000 *RE-SUB FY87 OPEN SPACE #RR 0084. COMMERCIAL INDUSTRIAL SPLIT100985 EXEMPTIONS SALE 06/92 PRICE 100 ORB 8081/076 AFI.-1 V B LAST ACTIVITY 01/29/98 PCR N A/ JlMiWm !t /ommfaID .VA07ami age~ sew ao maoasr�ai .. 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NO: 8 76 JOB SHEET: I OF. ..»_......-.....,,.+mn....,, ..m-•mrm..emrn..m €?.A1e'+fis,fi:•.;taY!^,.. ,..: - _.,.y"^yl "~tie%mrm m,,...n,.eare,.,r:,*w,-aer"»i..r.7a ... ...."^'pX"K;r"SER"'°Nr.YMtACr vsv.•.u,o-,,,• :R•-e,.•.,,.,..ep..,.e +namm+aaerrnet..+at..;.Men..-...*A! !vwnr=„x..-,o.«•+.................... .._.._....,..,,...,w...:r,......a..,c--•.,r.eyae.auulF.a'Mwrx•+ r BOOK AGE AMA REVISIONS: h0 Dy5 E �i 7110186 A©o nrorE - _ 1A, _ s - O' IL-1 C-HENCES. r �.. 4 , v1� ro 7 L N L ' f J , , r t �' 1 �� 3. �• i 9. 3�.,_ — . `� ' _ .—- _ --— :\._-.t sr C f`L E 0 3 3 ' + .w e ry '� t t. t may..< '• ,j � c, r+ .� { >, ,� f� � r + � Y �i� .,�,_.`,,� . � ,� 1 ] , _.q ) I� i Aze '"tA . >'4 ._. A r I t '. E I N 1 r ` - L ti 1, ? t yp .. $ - f i 1 .w 1. mil+ t'7: .b J. 4 { 77 .,,•/ .� Q _ - � , ; � � �9 Iry � � ; ,_ ,(fir-� LOT C 4.. o ,. 17 i _ . i t y- � -...-_...._ gyp. , l 3 .A L lo x 0 0 `/ .1 ,/J/ °per+, ( -_ Y� � �• /! O%,\ � ) '�} '. 9 1. _-- !YV \/ (✓j t 1 N 7 A_ 4 i f/ — 1 ' 4. LOT E 1.0T /_'61 Mein Streei N, �. .7. .ti ^->rnsta '•{e Vi{! ' MA 017 362 8133 IF 1 SPACE L. \ 9 -e� NNII ZA111_-Z . "A' PROFESSIONAL LANI SU�7VE1CR \ _ �/ ` . ;`. , _ S S E A S E M E N_�_ " ._._. ; TE � r '' E PROPf-_ RTY LINES SHOWN ON THIS PLAN � v Or? LOT T ' NG � �;E I'I N RECOF is �ONfc.r'',�?'!7 . �lrP>✓ �:`,`.�_ _ ; J, �-' !_ r^-+RE THE LINES DIVIDII`YG EXISTING OWNERSHIPS OF rHE i�t'�^y/.$7��r`i}.� of 9Et"f�S OF GALE , . ., �TAIE < ^� ! i e ( 0fS PLAN --- - 4300K 402 ��,;3E 7R. -- -- ._. _ AND THE LINES OF THE STREETS (�R WAYS 7"}r�' f: �'�;�` 71V YLAt_r1� OF � e 0 20 a0 �0 FEET Slar` N ARE THOSE OF PUBLIC OR PRIVATE ,`3A 51A(7' ,,S.A1 � S< STREETS OR WAYS Al- READY ESTASI-. ISHED, AND 0 5 �o 20 "�ErLRS f THAT NO NEW I- INES FOR DIVISION OF EXISTING - -- - - - -- ---� �/ �— DATE' JUi� E 26 , I986 OWNERSHIP OR FOR NEW WAYS ARE J#��0`�M. :r9AM' PROF SS/01VAL LA,V0 5&RVF_Y0R COMP DESIGN: R LH � CHECK: _ CIF ,N - - - -- DATE PROFESSIONAL LAND S RVEYOR > DRAWN: T P C j FIELD. 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