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1321 BUMPS RIVER ROAD
�a P's ve Ain Who not xv ;Iloilo ish k 1 S E 1 0 2 � Nt /,�r/l�:) D 2/ Nr xlv,—oe Ro R-Z> 026 3� fir-Op J�e-vcR .siv5�e.c tl�o� W-j s 6cJat.� 95 :a wa [a ejj slat 318V1SN878 d0 NMOl ��� , ���a� �y -� r n �3,��3 ��,cn�s ��`e�c� �t �=F �� 11� 13�3 ��c�,—C�� h,�1w��c�,-h n� J�V�+ s IParcel Detail Page 1 of 7 THE't ,tElN3`rACiLE. :l 1 s -. .. .y.. aiyy (I ,y iLt55 �y.t�. Sf 11 '' � ...,,„,a.•.+- adMltl+w+ r -� - }_"�,a.- d/ � GT/VIPf� ..ia.•! ,. i ',Yw'Y Logged In As: Friday, May 27 2016 Pa rce I Detail Parcel Lookup Parcellnfo Parcel ID 188-119 I Developer Lot LOTS 12&13 Location 11321 BUMPS RIVER RC�. R Pri Frontage 1210 I" r Sec Road I Sec Frontage I , Village lCenterville Fire District C-O-MM Town sewer exists at this address INO r - ) Road Index 0194 `I Asbuilt Septic Scan: , ' ` ' " 1881191 s Interactive Map ' aa•+ ?�, �' 1 tt 8 f � Owner InfoCo- -- --- —.— , - -- --_ -, Owner IFOLEY DUPUY,CATHLj� -Owner LT REALTY TRUST ( Y Streetl 11277 BUMPS R Street2 City CENTERVILLE State�MA (Zip 02632 Country - Land Info -- Acres 10.73 !I Use Multi Hses MDL-01 I zoning RD-1 �I Nghbd 10107 f ' Topography ILevel !I Road jPaved I Utilities jPublic Water,Gas,Septicl Location Construction,Info F , Building i of 2 N Year Roof Ext « - Built 1941 1 struct Gable/Hip Wall Wood-Shingle�� ` LivingRoof AC F12 y1 , Are 1244 Cover Asph/F Gls/Cmp Type None J & i „ Style IRanch Wall Int D Rooms rywall Bed 3 Bedrooms c ` ' 122 Int Bath B�MT Model Residential Rarpet—��� ' 1 Full-0 Half �� 7 Floor Rooms 3 8 F� Grade Average Beat Hot Water ( Total 6 Rooms - Type Rooms FDP - Story Heat Found . B Stories 1 Story Fuel OII atlon Poured Conc. GrossArea 12788 Building 2 4of 2 a Year 960- I Roof Gable/Hip I Ext Wood Shingle !� Built Struct Wall _ Living 18820 1. Roof nc None. Area^ Cover IASph/F GIs/Cmp_ I Type �. Be Style Conventional J wale Drywall Rooms 2 Bedrooms Model Residential J or Carpet _ Bath 1 Full-0 Half` ` Floor Rooms_ http //issgl2/intranet/propdata/ParcelDetai,l.aspx?ID=12839 ' I,_ 5/.27/2016 Parcel Detail Page 2 of 7 Grade Average I Heat Hot Water I Total Type Rooms _ USTic Heat stories 1 Story I Fuel Oil f Found-ation conc. Block ?�: Gross 1120 Area `BAS, 21 1 4'14 Permit History Issue Date Purpose Permit# Amount Insp Date Comments Visit History Date Who Purpose 12/19/2013 12:00:00 AM Nancy Finch In Office Review 7/18/2011 12:00:00 AM Pamela Taylor In Office Review 6/2/2011 12:00:00 AM Robin Benjamin Cycl Insp Comp 12/3/2008 12:00:00 AM Paul Talbot Cyclical Inspection 5/20/2008 12:00:00 AM Tony Podlesney In Office Review 6/29/2001 12:00:00 AM Paul Talbot Meas/Est Sales History Line Sale Date Owner Book/Page Sale Price 1 10/26/2006 FOLEY DUPUY, CATHLEEN TR C181441 $1 2 4/28/2006 DUPUY, MATHEW J & CATHLEEN C179919 $1 FOLEY- 3 1/23/1997 FOLEY-DUPUY, CATHLEEN TR C143388 $1 4 3/8/1994 DUPUY, MATTHEW J & CATHLEEN C133139 $1 FOLEY- 5 7/16/1992 FOLEY-DUPUY, CATHLEEN C127243 $1 6 4/17/1992 DUPUY, MATHEW J & CATHLEEN FOLEY- C126300 $1 7 3/29/1988 FOLEY-DUPUY, CATHLEEN TR C113811 $1 8 12/30/1985 DUPUY, ROY L & KEINATH D & C104764 $130,000 KEINATH D 9 3/23/1972 PREBLE, HARRY & HENR'IETTA M C54139 $0 Assessment History Save Building Total Parcel # Year . Value XF Value OB Value Land Value Value 1 2016 $142,800 $29,200 $2,800 $183,300 $358,100 2 2015 $157,600 $32,000 $3,300 $150,300 $343,200 3 2014 $157,600 $32,000 $3,500 $150,300 $343,400 4 2013 $157,600 $32,000 $3,600 $156,300 $349,500 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=12839 5/27/2016 �. Parcel Detail - Page 3 of 7 5 2012 $152,000 $32,300 $2,800 $150,300 $337,400 6 2011 $180,600 $3,600 $0 $150,300 `` ` $334,500 7 2010 $183,700 $3,600 $0 $152,700 $340,000 8 2009 $189,700 $2,400 $0 $171,200 $363,300 9 2008 $205,800 $2,400 $0 $183,300 '$391,500 11 2007 $205,000 $2,400 $0 $183,300 $390,700 12 2006 $180,300 s $2,400 $0 $199,500 $382,200 13 2005 $165,700 $2,300 $0 $183,500 $351,500 14 2004 $133,700 $2,300 $0 $183,500 $319,500 15 2003 $121,400 $2,300 $0 $56,200 $179,900 16 2002 $121,400 $2,300 $0 $56,200 $179,900 17 2001 $95,000 $3,400 $5,900 $56,200 $160,500 18 2000 $78,900 $3,600 $6,300 $43,400 $132,200 19 1999 $78,900 $3,600 $5,000 $43,400 $130,900 20 1998 $78,900 $3,600 $5,000 $43,400 $130,900 21 1997 $83,200 $0 $0 $43,400 $128,400 22 1996 $83,200 - $0 $0 $43,400 $128,400 23 1995 $83,200 $0 $0 ' $43,400 $128,400 24 1994 $77,100 $0 $0 $54,700 $133,900 25 1993 $77,100 $0 $0 $54,700 $133,900 26 1992 $87,800 $0 $0 $60,800 $151,000 27 1991 $80,100 $0 $0 $86,900 $173,100 28 1990 " $80,100 s $0 $0 $86,900 $173,100 29 1989 $80,100 $0 $0 $86,900 $173,100 30 1988 $50,100 $0 $0 $43,100 $98,800 31 1987 $50100 $0 $0 $43,100 $98,800 32 1986 $50,100 $0 $0 $43,100 $98,800 Photos http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=12839 5/27/2016 �r Fz�FTy, -77 v N`,'.•y f"f'V.4,�,`Y �'' I3 h6.Z' , ' '' .._ w.w..F' +✓ 4�. 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I 1/141201 Q s _ i t} HYANNIS 385 MAIN ST HYANNIS MA 026019998 08/10/2015 (800)275-8777 11:23 AM ----------------------------------- Product Sale . Final . Description Qty Price PM 1-Day 1 $6.70 (Domestic) (BOSTON, MA 02116) (Weight:2 Lb 8.10 Oz) (Expected Delivery Day) (Tuesday 08/11/2015) (USPS Tracking #) (9505 5121 6522 5222 0380 45) Insurance 1 $0.00 (Up to $50.00 included) Total $6. 00 Cash $10.00 Change ($3.30) For tracking or inquiries go to USPS.com or call 1-800-222-1811. Save this receipt as evidence of insurance. For information on filing an insurance claim go to usps.com/ship/file-domestic-claims.h'tm Order stamps at usps.com/shop or call 1-800-Starnp24. Go to usps.com/clicknship.to print shipping labels with postage. For other information call 1-800-ASK-USPS. Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. All sales final on stamps and postage Refunds for guaranteed services only Thank you j or your business Today's Postal Service is hiringi. ' Immediate openings.available for City Carrier Assistants (CCA) in many j locations nationwidel Apply today at www.usps.com/employment, HELP US SERVE YOU BETTER j Go to: https://postalexperience.cotb/Pos ti TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS Lis COMMONWEALTH OF MASSACHUSETTS., BARNSTABLE, ss, SUPERIOR COURT DEPARTMENT CIVIL ACTION N6.`1572CVOO197 + CHRISTOPHER P.NILAND, Plaintiff V. —r ..: 6 F m . A ' ssSa CATHLEEN FOLEY-DUPUY,: Individually and as Trustee of the J.V. t REALTY TRUST and MATTHEW J. DUPUY, Defendants ; DEPOSITION SUBPOENA DUCES TECUM TI .� 7 TO: Keeper of the Records Town of Barnstable. - - Building Division `' w 200 Main street Hyannis,MA 02601 GREETINGS: YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts in accordance with the provisions of Rule 30 and 45 of the Massachusetts Rules of Civil Procedure to appear and testify on behalf of defendants before a Notary Public: of the Commonwealth,at the office of Attorney Peter Montgomery of Brody Hardoon Perkins&Kesten,LLP, 699 Boylston Street, 12th Floor,Boston,Massachusetts 02116, at 10:00 a.m. on Friday,August 14,2015 and to testify as to your knowledge, at the taking of the deposition in the above-entitled action. You are required to bring with you the documents on the attached Schedule A. ` * In lieu of appearing,we will accept certified copies of all documents requested in Schedule A. If you have an objection to the documents requested or cannot provide this office with a complete copy of the documents,your attendance at a deposition may be necessary. ' If you have any questions,please contact Attorney Montgomery upon receipt of this subpoena(617)880-7100. Hereof fail not as you will answer your default under the pains and penalties.in the law in that behalf made and provided. Notary Public: My,Commission Expires W Dated:•?-- Z 4 /S ' AN_ t. CA ���r �i e' 1 i� � .EsR�+"`o•t.,ga.hy,si4?�:.PAJ✓-++w?s�xa'c,, .:n$r ; .. _. SCHEDULE A = 1. Any and all documents in the Barnstable Building Division's possession and/or control, evidencing,describing,pertaining or relating to property located at 1321 Bumps River Road, Centerville,Massachusetts including,but not limited to, correspondence,memoranda, investigation,inspection reports,photographs, incident reports,call logs,department logs, and other documents. 2. An affidavit to certify that the attached records are a true and complete copy of the Town of Barnstable Building Division's records concerning this incident that are kept in the normal course of business. Said Affidavit should be signed under the pains and penalties of perjury by the Keeper of the Records. ¢ III COMMONWEALTH OF MASSACHUSETTS" BARNSTABLE,ss; SUPERIOR COURT DEPARTMENT' CIVIL,ACTION NO, 1572CV00197 CHR:ISTOPIER P.NI .AND; Plaintiff ` CATHLEEN FOLEY DUPUY,Individually and as.Trustee of the J V.REALTY TRUST and MATTHENV J.DUP.UY, . Defendants N©T111 4 OF TTAKING DEPOSITION TO: Charlotte E.Glinka;Esquire Neches Lau,Group,P C. 2 Granite Auenue, Suite 400. 'Wtoh;_MA 02.186 x P'IJEASE_TAKB.NOTICE:that at 10:00 a.m.:on Frlday,.Augui I4,1615 at the offiees of Attoraey.Peter'Montgomery.nf Brodv,Hardoon, Perkins&K6st LLP;699' Boylston Street,Boston,Massachusetts:021.16,the defendants,in.this.action;by.their attorney, will tale the deposition upon oral examination of the Keeper offhe Records, Barris.ta171e Builtling Division pizrsuarit to the p rov,isians of iL�e 30 of the Massachusetts ° Rules of Civil Procedure before,a Notary,Public in and for the Commonwealth of Massachusetts,.or ,before some:other duly authorized officer. You are further:requzred_to . bring with you all documents andlor information outlined:n:the attached Schedule A The oral examination will..eodtinue from day to iiay until completed. Y. are inssted to-attend and cross eaatnine; Respeclfuily subinifted; • fihe::Deferidants By it attorneys; Richard E.3tody, BBOUoit-f ?6;0 Peter E.:IVlontgamery, 632698 Brody.Hardoon Perkins&Kesten,LLP 699.Boj,Won Street. Boston,.MA'02116 (61;7)8:0071 WO CFRT.iF'ICAT.E OF S.ERVYCE rlirody@bhpklavci:com I hereby certify that a true copy of fhe above document pmontgQmery@bhpklaw� coca Dated: July 29,2015, was served upon the atfome}f ofreco/rd:for each other party b mai= nd on (� r. COMMONWEALTH OF MASSAC14USETTS BARNSTABLE, ss, SUPERIOR COURT DEPARTMENT CIVIL ACTI6N'N0:`1_572CV00197 CHRISTOPHER P.NILAND, Plaintiff V. ATRVECO EST _ CATHLEEN FOLEY-DUPUY, Individually and as Trustee of the J.V: REALTY TRUST and MATTHEW J. . DUPUY, Defendants DEPOSITION SUBPOENA DUCES TECUM TO: Keeper of the Records Town of Barnstable - -.4 - Building Division r w 200 Main Street' Hyannis, MA 02601 : GREETINGS: YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts in accordance with the provisions of Rule 30 and 45 of the Massachusetts Rules of Civil Procedure to appear`and testify on behalf of defendants before a Notary Public of the Commonwealth,at the office of Attorney Peter Montgomery of Brody Hardoon '} Perkins&Kesten, LLP, 699 Boylston Street, 12th Floor,Boston,Massachusetts 02116, at 10:00 a.m. on Friday,August 14,2015 and to testify as to your knowledge,at the taking of s the deposition in the above-entitled action. You are required to bring with you the, documents on the attached Schedule A. * In lieu of appearing,we will accept certified copies of all documents requested in ; Schedule-A...If you have an objection to the documents requested or cannot Provide this office with a complete copy of the documents,your attendance at a deposition may be necessary. _ { ' If.you have any questions, please contact Attorney Montgomery upon receipt of,. .,-this.subpoena (617)880-7100. Hereof fail not as you will answer your default under the pains and penalties in the law in that behalf made and provided. ` Notary Public: .My Commission Expires Dated: , � .. Notary Public �i sr ;C�iUsv#1S m ��� Cornsno„�voaif'n of 147a'' P1 w SCHEDULE`A 1. Any and all documents in the Barnstable Building Division's possession and/or control, evidencing,describing,pertaining or relating to property located at 1321 Bumps River Road, , Centerville,Massachusetts including,but not limited to.correspondence, memoranda, investigation,inspection reports,photographs,'incident reports,-call logs,department logs, and other documents. _ 2. An affidavit to certify that the attached records are a true and complete copy of the Town of Barnstable Building Division's records concerning this'incidenttthat are kept in the normal course of business. Said Affidavit should-be,signed under the pains and penalties of perjury by the Keeper of the Records. ' { 04 d (dMMONWIIA- LTII,Or CI.MASSAl(fSI✓TTS BARNSZ ABL)✓;ss SUPERIOR COURT 17EPARTIv1ENT Chi L ACTION_NO, 1S72C�/OQ1.97 ,CI-IRISTOPI�ER,P: NILAND;-. . , i ; PlaintFF` V. CATtjLEEN`FOL•EY DUPUYF I'-diV-I'Oo lly; and as;Trustce of the J V.<REALTY TRUST and MATTHEW J. DUP.UY; „ NOt Ic, OF TAKING D:EPOS1fTION TO Charlotte E JGlinka';Esquire = K. files Law Group; P,C..; Granite Avenue, Suite 404 , Milton,MA. 021.$6 ` PLEASE�;rbkE NoT�,, that at 10 00 a:m. on Fr flay;August 14,2015 at the< . offices:ofAttorney.Peter Montgomery of,Br' d' Hardoon, Perkins':7. &Kesten, LLP, 699: .` Boylston Sweet, Boston, Massac)usetts 0?1°16-the defendants in.this action,by their ,at will take.the deposition upon oral examktiaton of the Keeper of the Reeards Barnstable Building Dt�ision pursuant`to the>proVisi:ons of Rule 3Q of the Mas.sachuscas° Rules°of Cis%il Proceclure.l efore a Notary Public in.ancl for tlae Comrnonweal6of Massachusetts,or before some other dul)� authorized officer. You are further requzred to brtn w-th you all documents andJor information outlined.ia:the°attached:Schedule A The oral eYariunat on w�Il conitriue fro n day;to day untticomple-ted. You,are 'nvited;to Abend and cross e�-hine. Respectfully strbilrtted;' Tlie,Def6n&nts BY a rr attorneys:; f `aX., n, Richard E-. Broo B:BO Q 260 Peter E Montggmer}T,I IB 9 63 698; Brady Hadoon Perkins&Kcsten, LLP° ` 699 Boylston Street: Boston, N1A 021:16 • (6.1Y7} S$0=7I00. � _ . C'FRTtEICAT,E Olt SER'UTC� k rbrody a7bhpkla�%cons , f I here h} certify that a true copy of the abo e document pmontgoinejty bbpkla}� corn. Dated July 29 �01 was served upon the attor►�e} of repaid for.each otf�er arty tip rn��a.nd on . . p tc -•-... ,.a x. rb...... ...... :...an r.x.u"' ,.,w,'.a..: '^ .z.s :5 s2. - LF 8RI]ITO,SW. �Y,ST f ROBERTSON SSE• 4 J. DUUY Attorney at Law 25 Mid-Tech Drive Suite C West Yarmouth, MA 02673 Phone (608) 776.3433 Fax(508) 790.4778 LA 'F-r f Town. of Barnstable �oFIME rOa'� Regulatory Services c Richard V. Scali,Director �,,� Building Division :*:] LE •n rnx!¢s&YMm/dlP Thomas Ferry, CBOBuilding Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 April 9, 2014 Cathleen Foley,Dupuy, TR LT Realty Trust 277'Bumps River Road Centerville, MA 02632 Re: 1,321 Bumps River Road, Centerville, MA Dear Ms Dupuy: This letter is to inform you that no permits shall be issued for your property located at 1321 Bumps River Road. There is a long history of zoning violations associated with this site and the matter apparently continued unabated. Our records reflect that the ZBA heard your appeal and upheld our cease & desist order issued on Sept. 13, 2006. Their decision (Appeal No. 2006-100) recognizes the property to be limited to a single family home without non-confirming rights to an accessory dwelling unit. On Dec. 18, 2013, a fire was reported to have occurred in the rear structure located on the subject property. This is in fact the same structure identified in the 2006 appeal. I am now informed that earlier this week it was reported that you replaced windows and doors in the rear building without the necessary buildings permit. As a result, a Stop Work order was posted on the structure. Subsequently, I have been made aware that your representative advised staff of an pending matter before the Land Court allegedly associated with this property...This information was offered as resolution to the zoning matter. We have no knowledge or evidence of this filing and as such we are required to rely,on the decision rendered by the Board of Appeals in 2006. Reports issued by the COMM Fire Dept. as well as inquiries from your former tenant, Chris Niland, made it glaringly obvious that you have continued to rent the structure despite the determination that you are not legally entitled to that use: This use must be immediately discontinued although you retain the right to appeal this directive. Sincerely, > Tom Perry I Building Commissioner JAIllegal Apartments\DUPUY 1321 Bumps River Rd 04092014.doc Tr Town of Barnstable *Permit# Expires 6 months from issue date �T �^ Regulatory Services Fee } • �naivsz,�sc.E. 9� arms.1639- Richard V.Scali,Interim Director �� AjEp�,t� Building Division Tom Perry,CBO,Building Commissioner 200 Main Street;Hyannis,MA 02601 -DENIED www.town.barztstable,ma.us Office: 508-8624038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY nt Valid witho t Red X--Press Imprint Map/parcel Number Property Address /_ a !�/��S l!/✓Yi.i �G D �iy/� /d�� �a��a residential Value of Work$ 9`000,t? G ° Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address -Z Contractor's Name. S G Telephone Number Sd 8"�7�,T�2 12—? Home Improvement Contractor License#"(if applicable) Email: ^// f Cd le-i Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance , Check one:, t ❑ I am a sole proprietor ❑ I am the Homeowner ❑ I have Worker's Compensation-Insurance Insurance Company Name Wo6cman's Comp.Policy# Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) ❑ Re-roof(hurricane nailed)(stripping old shingles) All construction debris will betaken to ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of,roof) ❑ Re-side (Replacement Windows/doors/sliders.U-Value , l/1J�A�i•�J (maximum.35)#of windows (j Ad t/idgge'� Ax* #of doors: . ❑ smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. ' Separate Electrical&Fire Permits required. *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. *"Note: Property Owner must sign Property Owner Letter of Permission. A'copy of the Home Improvement Contractors License&Construction Supervisors License is _—require SIGNATURE: . . 0AWPFM\F0RMS\building permit forms\EXP .doc 40. Revised 061313 Town of Barnstable .. Regulatory Services - rEU *fix 1 tt>ERichard V.Scab,Interim DirectorBuilding. Buildin ]Division � '" '* ReRMAMY, t Tom Perry,.Building Commissioner 9 ��� 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: '508-862-4038 Fax:- 508-790-6250 . HOMEOWNER LICENSE EXEMPTION ; Please Print DATE: ' JOB10CATION: number street. village "HOMEOWNER": �f/1� 4� 1/ ►/• name r Z home phone#. work phone# CURRENT MAILING ADDRESS: / 77 city/town: . state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two- family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who.constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes; . bylaws,rules and regulations. I The undersign owner".certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures ents and that he/she will comply with said procedures and regwements. afore omeowner. Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.6 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors); provided that if the homeowner engages a person(s)for hire to do such work,,that such Homeowner,shall act as supervisor." d Many homeowners who use.this exemption are unaware_that they are assuming the responsibilities'of a supervisor (see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,.particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form-currently.used by several towns. You may:care t'amend and adopt such a form/certification for use in ' your community. ' Q:IWPFUM\FORMS\bdding permit formslEMTMS.doc -t u 0c, ta w �. �' ppp Ca /tf..,c, A7 Ala/ i 14 S1l�iu�f� 0-1Grh� 78 g i�2- 1 � t . i ` 1y _ •` IRS i . . �.\ � a�•1 � L. . i I s 4 •,` .. ,`ti- ' ' , _.;Tl Ly l ,fir .. � /�w. 1T� � P ' - �\R M1 '. `, _ ' - - • , 'ice. , i a h• ' wlGof!v� Cd hr,vc, a . de lel�Gr/liC-47, �1 r Town of Barnstable *Permit# Expires 6 months from issue date Regulatory Services Fee nnnxsresc.E, ti 9� $ Richard V.Scali,Interim Director i639. ArE'D MA't� Building Division Tom Perry,CBO,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY of Valid witho t Red X-Press Imprint Map/parcel Number Property Address �� a� l�/����«5YC� Oesidential Value of Work$9000,0 0 Minimum fee of$35.00 for.work under$6000.00 Owner's Name&Address 4 Gz Contractor's Name S G Telephone Number —77f�,2 /2? Home Improvement Contractor License#(if applicable) Email: �'J Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ I am the Homeowner ❑ I have Worker's Compensation.Insurance Insurance Company Name �� ` Workman's Comp.Policy# Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) - ❑ Re-roof(hurricane nailed) (stripping old shingles) All construction debris will be taken to ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) ❑ ReTside 'aReplacement Windows/doors/sliders.U-Value riA) (maximum.35)#of windows 16 OD did *of doors: ❑ .Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. Separate Electrical&Fire Permits required. *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc.. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the home Improvement Contractors License&Construction Supervisors License is uire SIGNATURE: Q:1WP-FIL-ES\FORMS\building-permit forms\00 :doc- —— - Town of Barnstable Regulatory Services oFtt>E Tom,. Richard V.Scab,Interim Director ti �-� Building.Division ReRNSTARr.v. Tom Perry,Building Commissioner BUM 9cb 163q, ��� 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-623 0 HOMEOWNER LICENSE EXEMPTION Please Print DATE: 9 ` f JOB.LOCATION: a /�' -number village "HOMEOWNER": name home phone# - work phone M # CURRENT AILING ADDRESS: l a 7 7 Cl�/N�f A 6 2 G zm cityttown state zip code The current exemption for"homeowners". was extended to include owner-occ�ied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided thatthe owner acts as supervisor. DEFINITION OF HOMEOWNER Persons)who owns a parcel of land on which he/she resides or intends to reside, on which there is,or is intended to be,a one or.two- family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersign owner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures ents and that he/she will comply with said procedures and re ements. er ature omeown Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the;State Building Code Section 127.0 Construction Control HOMEOWNER'S EXEMPTION The Code states that: "Any.homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors); provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities*of a superaisor (see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,.particularly when-the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately.responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. i Town of Barnstable Regulatory Services fig' o ,Richard V. Scali, Director a ,sz��>r ; Building Divisio® BAMSTABLE 9cb 639 �� Thomas.Perry, CBO n .1639,20.ro W1R510.45.MILS•OSlERV11lF•W6T 6KnTMtE -16 0 639-2019 QED 11AP�A 'Building Commissioner �D 200 Main Street, Hyannis, MA 02601 www.town.barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 April 9, 2014 Cathleen Foley Dupuy, TR LT Realty Trust 27.7 Bumps River Road Centerville, MA 02632 Re: 1321 Bumps River Road, Centerville, MA Dear Ms Dupuy: This letter is to inform you that no permits shall be issued for your property located at 1321 Bumps River Road. There is a long history of zoning violations associated with this site and the matter apparently continued unabated. Our records reflect that.the ZBA.heard your appeal and upheld our cease &•desist order issued on Sept. 13, 2006. Their decision (Appeal No. 2006-100) recognizes the property to be limited to a single family home without non-confirming rights to an accessory dwelling unit. On Dec. 18, 2013, a fire.was reported to have occurred in the rear structure located on the subject property. This is in fact the same structure identified in the 2006 appeal. I am now informed that earlier this week it was reported that you replaced windows and doors in the rear building without the necessary buildings permit. As a result, a Stop Work order was posted on the structure. Subsequently, I have been made aware that your representative advised staff of.an pending matter before the Land Court allegedly associated with this property. This information was offered as resolution to the zoning , matter. We have no knowledge or evidence of this filing and as such we are required.to rely on the decision rendered by the Board of Appeals in 2006. Reports,issued by the COMM"Fire Dept. as well as inquiries from your former tenant, Chris Niland, made it glaringly obvious that you have continued to rent the structure despite the determination that you are not legally entitled to that use. This use must be immediately discontinued although you retain the right to appeal this directive: Sincerely, Tom Perry Building Commissioner ' JAIllegal Apartments\DUPUY 1321 Bumps River Rd 04092014.doc town of tsarnstaaie Regulatory Services pFt rqy� Thomas F.Geiler,Director Building Division BAatMsrABte Tom Perry,Building Commissioner MASS. 9 1639. ,0� 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Matthew J.Dupo and all persons having notice of this order. As owner/occupant of the premises/structure located at 1321 Bumps River Rd,Centerville;Map 188 Parcel 119,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date, Sept. 13,2006 to: 1. CEASE AND DESIST IMMEDIATELY, all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Multifamily use in a single family zone (RD-1). Violation of Town of Barnstable Zoning Ordinances: Chapter 240-11 2. COMMENCE immediately,action to abate this violation. Vacate premises and convert to non- habitable space. SUMMARY OF ACTION TO ABATE: Obtain building permits to reconfigure accessory unit to non-habitable space including the complete elimination of the kitchen and capping all utilities in the wall. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by -- own Cterk-of� tabie,allotee-of-APpeai-(speei ngfihee greund-thereef-y- --------- - - - within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. order, Robin C.Giangregono Zoning Enforcement Officer Q/FORMS/viozonel 77 It 4 F* SIMPIV3S7ON PLAN OP LAND TN 11ARNSTOLE , OV 7•. :,.. •• l ��' vn Nelson Pearse-Richard Low, Surveyors August 11, 1970 August 12, 1970 c.e Co. 0 ' CA N 08° 4P' 40- / o° i o u, r, /2 �, ti Cp : h .r, a 25/.92 W Cl '2�as tic Oy . \6-\ ` Ow. ca 230./4 /8 JO w __ h CB. 44ugos/a f% Alsi�s . �nrnVnt;rJ��.�r 1.5017 Aonnd 5150A7i1 W t rt. of TI On Kno. 311j0 end 21005 � -„ t.;r,••,1 t.; . .rSct of Rnrnstablo County Separale�certitcates of title.mey be issued for/and shovrn hemm,asLots..9..1bra:LZ............. ... Corr of JUH orp'O 9 By the Oo il. A~ LAND REGISTRATION MICE �' nn •----- SE'P7 2, /970---- /�.. ,(Iy. A� $wle if IN pplian`;0-feet-to en inch .....- ..f�eCorak� IRL.Woodbvey,fnglneer.l�irCoarttC ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW 25 MID-TECH DRIV,:E;�SUITE;C, WEST YARMOUTH, MA 02618' "t ) L (508) 775-3433 Telephone M (508) 790-4778 Facsimile Edward J.Sweeney,Jr. Thomas P.Carpenter Michael B.Stusse Kelly S.Jason Donna M.Robertson Hal€ dtn �` — Herbert F. Lach,Jr. Matthew J.Dupuy Tracey L.Taylor ' Charles M.Sabatt Girard C.Brisbois Charles J.Ardito P.C. Refer to file no: May 11,2006 Town of Barnstable Linda Edson,Zoning Officer Amnesty Program Building Department 200 Main Street ' Hyannis,MA 02601 Re: 1321 Bumps River Road, Centerville,MA 02632 Map 188 Parcel 119 Dear Linda, As we discussed,I will obtain Affidavits that indicate that there were two structures on the . premises at 1321 Bumps River Road at the time of the adoption of the zoning by law. Also,I have enclosed four (4) plans showing the plan history which indicates locus being a separate lot. This would seem to obviate the need for the Affidavits. Very tru urs, AT EW J. DUPUY, ESQ. MJD/tlb Enc. z 1.5a7Q� PLAN OF LAND IN BA MTABLE Nelson Bearse Surveyor AUGUST 1930 Mary A,.6rube S. 35°11t/4 r W• 123.75 - - q A* moo_ ` A .d 0 Qu . T may• A , 3� Olron Kw• kA JgJSkB � Q w ---------- 1bAb------ l2l•JO ___ v _____ ___ COpyOfppart Ofplan Locusi Post 19ed in --�=' Marked`M' LAND REGISTRATION OFF/C.. //� FEB. 29.1932. L Ansel 'Boai-se Scale of this plan 60 feet to an inch C.B.Humphrey, Engineer for Court 48-H-1. r i SUEDIVISION PLAN OV LAM:; IN BARNSTABLE "� �A15 ��Nelson Bearee Surveyors , r Richard Law, September 5, 1957 C.B. 0 0 F CBr-� be N 35�11'4p" E_ C.B. E 1J- — WO ,o ((� t9 \ Q7 \ E p E � o Apr E p O 00 C.B. 0 0 0 0 \ 0 m d N 1 Z N o• O O N �0° :33 �a ss - 8 s2 ea ry C.B. Subd1.visiOn of Lot A Shown on Plan 15087A1 Filed with Cert. of Title No. 3140 Registry District of Barnstable County Separate certificates of title may, be'rssued for,land shown hereon as L.o is_5,Fi _7_--- ----------- Copy of part;of plan By the Court. filed '^ LAND REGISTRATION OFFICE- �" i1 S E PT,I a•,I J5'1'�- feet Q2[M�► 1 3 t............ �t3wrr a.1ll+ FLAB OF LgRD gUBDIVIg1CN iat'erd LaW, S f o r. Nell n - 19Z1 pov_ember 23• C.B. to r: O, C.B. 6 15087 N . O; Pl o n r $ No 21005 Oe�l. . C.B �}`�, 80 42 40 16889 c N C:S 99.2/ 1 \to - y �'N O In cV 4 14 tu 30 W 75.$2 o , rcl 0� 9�%, 4 .04, 1140.00 �Y%peel 1- 4n/E i f 9 e.nd 11 of Lots Sj 81 of Plar n 5�8T or TItle N°' 5 tebleCounty COPYoon f .� Show d with Cortet of Bar or Viand U REGISTRA ION gale �S str issued f 11�N�aDEC.29► 7ief ReBistrl ates ovO f titled Y be - Sca►e of o�S P , 9'neer dp crate certlfrc 1Qt�_ 13-.NZ R.L.W b, }' Show rep0 as- ' .Shp 0 the . r Court. r A �in7/Li/ i 86 L 8Y LV i�6£ PTA ° °o' ^I'll Rs -1 '9XV" �'� � i�OQ��2 '9` " 0�0 Change Basic FDID * State.* Incident Date * Station Incident Number .* Exposure No Activity se Chook this box to Indionto that the eddresa for this incident is provided on the Nlldlaod Fire Census Tract BLocation* ❑Module In station a-Alternatiw iooation specification". Use only for eildlend fires. u u ®Street address 1321 " IBUMPS RIVER RD I I U ❑Intersection Number/Milepost Prefix Street or Highway Street Type suffix [:]In front of El Rear of I B J ICEN,PBRVILLE I kjf 102632 -1 J Apt./Suite/Rows City State Zip Code ❑Adjacent t0 ❑Directions I Cross street or directions as applicable Midnight is 0000 C Incident Typo * El Date & Times E2 Shaft & Alarms 111 IBuildi.ng fire , Check boxes if Month Day Year Hr Min Sec Local Option dates are the Incident Type same as Alarm ALA always required 12 f I I =112 Aid Given or Received* Data' RM Alarm * 12 18 2013 02:45:46 Shift orIAlar�ms District DPlatoon ARRIVAL required, unless canceled or did not arrive 1 ®Mutual aid received 101922 IIMA ❑ rival 1 121 1 181 I 20131 02t 50.15 j E3 2 ❑Automatic aid real. Their FOID Their 3 ❑Mutual aid given state CONTROLLED Optional, Except for wildland fires Special Studies 4 []Automatic aid given I I ❑Controlled �� �� I I I Local option 5 []Other aid given Their LAST UNIT CLEARED, required except for wildland fires Ih--�I {L�� Incident Number Last Unit ,' �9� Special special N ❑None ❑ Cleared U1J L --u l 2013f 4�0 •56:15 I study IDq study valve Actions Taken* G1 Resources* G2 Estimated Dollar Losses & Values ❑ Check this box and skip this LOSSES: Required for all fires if known. Optional section if an Apparatus or for non fires. 11 (Extinguishment by fire I Personnel form is used. No ne Primary Action Taken (1) Apparatus Personnel Property I 'l 100 1 000 ❑ Suppression 0001 0001 Contents s I J r 040 f 000 ❑ 12 (Salvage & overhaul I I I Additional Action Taken W EMS 1 L� PRE-INCIDENT VALUE: Optional 33 (Provide advanced life i other I 0012I 0009I Property 000 000 ❑ Additional Action Taken (3) ❑ Check box if resource counts I include aid received resources. Contents UJ 000 ,L 0O ❑ Completed Modules Hl*Casualties❑None H3 Hazardous Materials Release j Mixed Use Property ©Fire-2 Deaths injuries N ❑None NN Not Mixed Sire 10 Assembly use QStrueture-3 I' I 1 ❑Natural Liras: slow leek, no—ti-e or n-!drat motions 20 Education use ❑Civil Fire Cas.-4 Service L I I I 2 ❑Propane gas' of lb. ha.is kmat no g.silh 33 Medical use ❑Fire Serv. Cas.-5 CivilianL---J I I 3 ❑Gasoline: whim-feel teak er perdue aantw— 40 Residential use ❑EMS-6 4 ❑Keroseone: fasl buxning ewapow.t or portable stores- 51 EnvRow os wall Detector 53 Enclosed mall ❑HasMat-7 Required for confined Fires. 5 []Diesel fuel/fuel oal:wbime fuel teak or portable 58 Bus. & Residential ❑ []Detector alerted oohmpante , m Wildland Fire-8 6 []Household solvents: h-mt/-ffia.spin -now-sly 59 Office use ].®Apparatus-9 7 ❑Motor oil: from englno s.p-.table-oewstr 60 Industrial use Personnel—l0 eecor no alert 63 us® © 2❑Dtt did not the 8 ❑Paint: lrooa Paiot Dons totaling<a5 gml-m 65 Farm arm use ❑Arson-11 jJ❑Unknown 0 ❑other: epemal wmexet astis-s—rd-ed or spili>ssgel., 00 Other mixed use piss-espier.th.aakle foam J Property Use* Structures 3410Clinic,clinic type infirmary 539❑Household goods,sales,repairs 342❑Doctor/dentist office 579[]Motor vehicle/boat sales/repair 131❑Church, Place of worship 361❑Prison or jail, not juvenile 571 ❑Gas or service station 161❑Restaurant or cafeteria 419N 1-or 2-family dwelling 599 ❑Business office 162 ❑Bar/Tavern or nightclub 429❑Multi-family dwelling 615 ❑Electric generating plant 213❑Elementary school or kindergarten 439❑Rooming/boarding house 629 ❑Laboratory/science lab 215[]High school or junior high 449❑Commercial hotel or motel 700 ❑Manufacturing plant 241 ❑College, adult education 459❑Residential, board and care 819 ❑Livestock/poultry storage(barn) 311 []care facility for the aged 464❑Dormitory/barracks 862 []Non-residential parking garage 331 ❑Hospital 5190Food and beverage sales 891 ❑Warehouse Outside 93fi❑vacant lot 981 ❑Construction site 124 ❑Playground or park 938 ❑Graded/care for plot of land 984 ❑ Industrial plant yard 655 ❑crops or orchard 946[]Lake, river, stream 1 Lookup and enter a Property Use code only 1P 669 [:]Forest (timberland) 951 ❑Railroad right of way you )rave NOT checked a Property Use box: ; 807 ❑outdoor storage area 960 El Other street property Use 1419 j 919 ❑Dump or sanitary landfill 961❑Highway/divided highway I 931 []Open land or field 962 []Residential street/driveway 11 or 2 family dwelling NFIRS--1 R�si 03111199 C0MM'pirEJ0Zt Ed 913UTUI�1U060 Inia0J4279 d 46 do 1321 Ow ` - C. 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D"'�,y,'., � ^$�'.s..-i��,,,.,� `' •.Ir- - ,� • 10,60= - � �,", ""�• .r ,,� - .., _ � ;�; �-c;—.»>= � -"' �'- 'A"�`. .- '•sa>; '"fir '*^;� a � "".. `� c` �•'" " �;, .z- .,,�,, i,,,v. �' "'.t• h'., T- wr cr ..b"»... .i*-. ,•w:;:: ;w _ x�. -Yg�+��...«, �� _ r'�r^�,�+a' _ at,�:«. '-set` - - f�yg'. IC i " l._�y� -.,.+i7. lot 1321 Bumps River Rd . , Cent 4/7/2014 Fig i �\� `i ����:�� +fit� � � "� •#+ :MCI .t��S ,��'"'tsr 4 '? 44 41 S1. SM ,�. r r�`���>� � �.,,fi:1�. •, .l;�,�a ,��•r-V,y.r� ti' yhY. �,.:. y. e ' a e as ��. • + "� �� �.! --,: .__= �:rt.� �� tie f •- It�F/SAD � �" � A 4 lit I J_ v®r i 1 1 � f � r r t A O ISpace Above This U(ne For Recording Data] MORTGAGE THIS MORTGAGE("Security Instrument")is given on MARCH 8. 1994 The mortgagor is MATTHEW S. DUPUY and CATHLEEN FOLEY—DUPUY THE CAPE COD FIVE CENTS SAVINGS BANK ("Borrower"). This Security Instrument is given to which is organized and existing under the laws of Massachusetts P.0. Box 10 — 19 West Road, Orleans, MA 02653 and whose address is SEVENTY THOUSAND (1•ender"). Borrower owes lender the principal sum of Dollars(U•S.$ 70,000 .00 ). This debt is evidenced by Borrower's note dated the same date as this Sccurity Instrument ("Note"), which provides for monthly payments, with the frill debt, if not paid earlier, due and payable on April 1, 2009 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and maditications of the Note, (b)the payment of all other sums,with interest,advanced under paragraph 7 to protect the security of this Security Instrument;and(c)the performance of Borrower's covenants and agreements under(his Security Instrument and the Note. For this purpose, Borrower does hereby mortgage,grant and convey to lender,with power of sate,the following described property located in the Town of Barnstable (Centerville) , Barnstable County,Massachusetts: ;F being LOT 12 on Land Court Plan 15087-J and LOT 13 on Land Court Plan. 15087-K filed with the Land Registration Office at Boston, a copy of which is filed with the Barnstable County Registry of Deeds. The above-described premises are conveyed subject to and 'with the benefit of all rights, rights of way, easements, appurtenances, reser- vations and restrictions of record and .especially as set forth in Certificate of Title title 3 IJ Z to which reference may be had for , , which has the address of 1321 Bumps River Road Centerville (strecl l Massachusetts 02632 lc,tyl. lzipCodel ('I'toperty Address.); MASSACHUSFT"I'S--single Family-•Fannie MaelFreddte Mac UNIFORM 1NSTRUMF,NT Form 3022 9/90 ITEM 19M (9o12) (page 1 c j6 pages) FORMS GRAPHICS.INC.(601)W0.211S - 6 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Properly." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Propeny is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to all claims and demands, subject to any THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: . 1. Payment of Principal and Interest;Prepayment and Late Charges, Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender,Borrower shall pay to Lender on the day monthly payments are due under the Note,until the Note is paid in full, a.sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b)yearly leasehold ' payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq.("RESPA"),unless another law that applies to the Funds sets a lesser amount. if so,Lender may,at any time,collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender,if Lender is such an institution)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan,unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid,Lender shall not be required to pay Borrower any interest or' earnings on the Funds. Borrower and Lender may agree in writing,however,that interest shall be paid on the Funds. Lender shall give to Borrower, without charge,an annual accounting of the Funds, showing credits and debits to the Funds and the ' purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. if the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments,at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, tender.prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first,to any prepayment charges due under the Note;second,to amounts payable under paragraph 2;third,to interest due;fourth,to principal due;and last,to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2,or if not paid in that manner,Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the Form 3022 9/90 (Page 2 of pages) i:TH.I,:1 BARNSTABLY Lt IHD COURT URT RE I'-ST RY QUITCLAIM DEED a We, MATT-HEW J. DUPUY AND CATHLEEN FOLEY-DUPUY, of 1277 Bumps ni River Road, Centerville, MA 02632 for consideration paid in- the oamount of One Dollar ($1.00) hereby grant to Cathleen Foley-Dupuy, TRUSTEE of L.T. REALTY TRUST under a Declaration of Trust dated April 15, 1987 filed as Document 454,467 with the Barnstable Registry District of the Land Court, with QUITCLAIM COVENANTS' Cz the land, with the buildings thereon, known and numbered 1321 Bumps River Road, situate in Barnstable (Centerville) , Barnstable,County, Massachusetts, more particularly described as follows: Lot 12 on LAND COURT PLAN 15087-1 Lot •13 on LAND COURT PLAN 15087-K The above-described premises are conveyed subject to and with the n benefit of all rights, rights of way, easements, reservations and restrictions of reco d andespecially as r set aforth in Certificate of Title 127243. For title see certificate of title no: 133139 v EXECUTED under seal this l day of January, 1997. - Mat a J. Dupuy ' Cathleen Foley-D COMMONWEALTH OF MASSACHUSETTS Barnstable, as zlk 1997 Then personally appeared Matthew J. Dupuy and Cathleen Foley- ARDITO,SWEENEY Dupuy and acknowledged the foregoing to be their free and deed, before m@, STUSSE.RODERTSON / Q DUPUY.PC j - ATTORNEYS A7 LAW - - WEST VARMOUTH MASS QA�\IRNTABAE RG � DI ViISIHI V �,��'t;J, Not Pub],kc: �L � S.Mss4� 0257] Li -- Com Exp: (508)775-3433 ram,. w�. d ' ' Doc-1 s 032 s 379 04-28-2006 2=27 Ct f�=179919 QUITCUMP LARD COURT REGISTRY 1,CATHLEEN FOLEY-DUPUY,TRUSTEE of L.T.REALTY TRUST under a Declaration of Trust dated April 15, 1987 and filed as Document No.454,467 with the Barnstable Registry District of the Land Court, with a mailing address of 1277 Bumps River Road, Centerville, Massachusetts 02632 for consideration paid in the amount of One Dollar($1.00) grant to MATTHEW J. DUPUY and CATHLEEN FOLEY-DUPUY, husband and wife tenants by the entirety of 1277 Bumps River Road, Centerville,Massachusetts 02632 with QUITCLAIM COVENANTS, The land with th e e buildings thereon known as 1321 Bumps River Road, Centerville, Massachusetts and further described as follows: LOT 12 on LAND COURT PLAN 15087-J and ' LOT 13 on LAND COURT PLAN 15087-K The above-described premises are conveyed subject to and with the benefit of all rights,rights of way, easements,appurtenances,reservations and restrictions of record insofar as the same are now in force. 4 ~ For title see Certificate of Title No. 143388. ARDITO,SWEENEY STUSSE,ROBERTSON ` &DUPUY,PC ATTORNEYS AT LAW WEST YARMOUTH,MASS 02673 (508)775-3433 WITNESS my hand and seal this 27th day of April 2006. Cathleen Foley-Dupuy, tee COMMONWEALTH OF MASSACHUSETTS Barnstable, Ss. On this 27th day of April 2006 ,2006,before me,the undersigned notary public, personally appeared Cathleen Foley-Dupuy, proved to me through satisfactory evidence of identification,which were license ,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily,for its stated purpose. (official signature and seal of notary). Donna M. Robertson My commission expires 8/l/08 DONNA M.ROBERTSON Notary Public Commonwealth of Massachusetts 1 Yq Commission Expires t.l:alrt 1,2003 ARDITO,SWEENEY STUSSE,ROBERTSON &DUPUY,PC w a ATTORNEYS AT LAW WEST YARMOUTH,MASS 02673 (508)775-3433 e TRUSTEE'S CERTIFICATE L.T.REALTY TRUST The undersigned, being all the Trustees of the L.T.REALTY TRUST under Declaration of Trust dated April 15, 1987 filed with the Barnstable Registry District of the Land Court as Document No. 454,467,hereby certify in accordance with the terms of said Trust: 1. That I am the sole Trustee of said Trust; 2. That said Trust as recorded aforesaid has never been amended or modified; 3. That said Trust remains in effect and has never been terminated; and 4. That the undersigned have been duly directed by the beneficiaries,who are of full and legal age and competent,owning 100%of the beneficial interest in and to the aforesaid Trust,to transfer the real property described in a Deed filed with the Barnstable District of the Land Court on Certificate of Title No. 143388 to Matthew J.Dupuy and Cathleen Foley-Dupuy for$1.00 and to execute and deliver any and all documents necessary to effectuate said conveyance. EXECUTED as a sealed instrument this27�y of April ,2006. °. Cathleen Foley-Dupuy, rustee o L.T.REALTY TRUST COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. ; On this 27 day of' April .2006,before me,the undersigned notary public, personally appeared Cathleen Foley-Dupuy,Trustee,proved to me through satisfactory evidence of identification,which were license ,to be the person whose names is signed on the preceding or attached document,and acknowledged to me that she signed it voluntarily for its stated purpose. (official signature and seal of notary). Donna M. Robertson AROITO,SWEENEY M commission ires: 8/1/08 STUSSE,ROBERTSON y ex p &DUPUY,PC ATTORNEYS AT LAW r WEST YARMOUTH,MASS . 02673 DONNA M.ROBERTSON (508)775-3433 Notary public Commonwac11h of Massochuse$s 41y C""r"is<ion Expires BARNSTABL E Rl`r�"T� ' DEEDS, f KI r20rson/Entity Involved Local Option Rosiness name (if applicable) Area Code Phone Number, a Check This Rox 1f Mr.,Hs:, Mrs. First Name HI Last Name suffix same ddress as a inc three location. The kip skip the - duplicate address Number Prefix Street or Highway Street Type Suffix lines. L I •• I i State Rip Coda More people involved? check this box and attach Supplemental Forms (NFrRS-IS) as necessary X2 Owner ❑Same as person involved? Then check this box and skip The rest of this section, Local Option Business name (if Applicable) Area Code Phone Number Check this box if Mr.,Ms.♦ Mrs. First Name MI Last Name Suffix same address as incident location. Then skip the three a h Hi t St Pre fix Number rex Street or Highway duplicate address Street Type, suffix lines. I ( I l I I I Post Office Box - Apt./Sni-to/Aoom City _ state Zip Code L Remarks Local Option Caller Name BPD FOR HOMEOWNER Caller Phone 292-4003 Caller Address. : SAA OIC : CAPT.RHUDE Pats. . 0 AGR 1IReceived AGRD HYAJHYANNIS FD rpierce ; 2013/12/18 02:50:15 - 321 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 02:50:47 - 307 AT EVENT MANNING IS 3 rpierce ; 2013/12/18 02:54:26 - 304 AT EVENT MANNING IS 3 rpierce ; 2013/12/18 02:55:49 - 303 AT EVENT MANNING IS 3 rpierce ; 2013/12/18 03:00:24 - E-826 AT'EVENT MANNING IS 4 rpierce ; 2013/12/18 03:09:25 - R-828 AT EVENT MANNING IS 3 rpierce ; 2013/12/18 02:56:17 - 320 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 02:56:20 - 301 At EVENT MANNING IS 1 rpierce ; 2013/12/18 03:39:09 - 323 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 03:01:31 - C-802 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 03:05:20 - 326 AT EVENT MANNING IS 3 rpierce ; 2013/12/18 04:42:31 - 317 AT EVENT MANNING IS 1 , rpierce 2013/12/18 02:46:11 STRUCTURE FIRE IN LIVING ROOM / ALL OCCUPENTS OUTSIDE L Authorization 18385 j RHUDE, PAUL ICAPT { { {•.L 121 181 2013 3 _ Position or rank Assignment Month Day Year Officer in charge ID Signature t Check sox if® 18385 ,I ,I RHUDE, PAUL j ICAPT., I { L 121 LjJ8 2013 •' o same ing report - Position or rank Assignment Month Day Year Member mak ID Signature + as officer q in charge. - i COMM Fire District 01920 12/18/2013 13-0004279 MM DD YYYY 61920 U 12 1 18 2013 L_i3 13-0004279 000 _ complete FDID * State.* Incident Date * Station Incident Number Exposure * * NBrrativA Narrative: Caller Name BPD FOR HOMEOWNER Caller Phone 292-4003 ` Caller Address : SAA OIC CAPT.RHUDE Pats. . 0 AGR : 1IReceived AGRD : HYAJHYANNIS FD rpierce .; 2013/12/18 02:50:15 - 321 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 02:50:47 - 307 AT EVENT MANNING IS 3 rpierce ; 2013/12/18 02:54:26 304 AT EVENT MANNING IS 3 rpierce 2013/12/18 02:55:49 - 303 AT EVENT MANNING IS 3 rpierce 2013/12/18 03:00:24 - E-826 AT EVENT MANNING IS 4 rpierce 2013/12/18 03:09:25 - R-828 AT EVENT MANNING IS 3 rpierce ; .2013/12/18 02:56:17 - 320 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 02:56:20 - 301 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 03:39:09 - 323 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 03:01:31 - C-802 AT EVENT 'MANNING IS 1 rpierce ; 2013/12/18 03:05:20 - 326 AT EVENT MANNING IS 3 rpierce ; 2013/12/18 04:42:31 - 317 AT EVENT MANNING IS 1'. rpierce ; 2013/12/18 02:46:11 STRUCTURE , FIRE IN LIVING ROOM / ALL OCCUPENTS OUTSIDE rpierce 2013/12/18 02:50:29 321 - NOTHING SHOWING SIDE A INV, rpierce ; 2013/12/18 02:54:50 321 - FIRE IN COTTAGE IN REAR", 20X20 , 10% INVOLVED rpierce ; 2013/12/18 02:59:30 321 - BULK OF FIRE KNOCKED DOWN , AMB 828 FOR HOMEOWNER , SMOKE INHILATION . rpierce ; 2013/12/18 03:00:40 321 - 826 RIT rpierce ; 2013/12/18 03:03:42 321 - FIRE KNOCKED DOWN , INTERIOR SEARCH COMPLETE , UNITS COMMITTED / NSTAR + COMMWATER ENROUTE ETA 20 MIN. / CAPT.ROGERS SAYS NO NEED FOR WORKING ASSIGMENT COVERAGES , 326 @ HQ TOTAL 6 PEOPLE i rpierce 2013/12/18 03:31:48 320 - REQ CAPT.GREENE TO SCENE+CIO FOR PIX / PD NOTIFING CIO ' 1 rpierce 2013/12/18 03:38:26 321 - NEED 2 FOR FIRE WATCH i rpierce ; 2013/12/18. 03:59:20 321 - 324 CLEARING, , GETTING 317+2 FF FOR FIRE WATCH COM Fire District 01920 12/18/2013 13-0004279 MM DD YYYY 01920 j U 32 16 2013 L 3 J ) 13-0004279 000 Mete FDID * State* Incident Date * Station Incident Number * Exposure Narrative Narrative: rpierce ; 2013/12/18 03:59:57 p HYANNIS RUN # FOR PATIENT 5953 ' rpierce ; 2013/12/18 .04:03:44 320 - NO NEED FOR DPW SANDER rpierce ; 2013/12/18 04:17:38 FIRE WATCH - C.ROGERS , SCHNECKLOTH rpierce ; 2013/12/18 04:44:46 321 - 304 IN SVC ON LOC , 307 SHORTLY , RELEASE OPS+ GO BACK ON FIRE ALARM rpierce 2013/12/18 04:48:36 321 - COMMAND TERMINATED / CLEAR 321 reports home turned back over to owner,321/317 clear at 10:15hrs Called for reported structure fire by single occupant. Units responded from Station 1, 2,' 3, and Hyannis. Upon location found occupant in front yard, suffering from smoke inhalation, reporting interior fire, and building evacuated. Building was a cottage approximately 201X40' in the rear. Smoke and fire showing from the front, approximately 20% involved. L-307 pulled a 1 3/4" cross lay, attacked the fire through the front door and removed windows for horizontal ventilation. E-304 pulled 4" hose from the hydrant in the front yard to L-307. E-303 pulled a backup line to the front door. Hyannis E-826 reported to side A to function as RIT. Fire quickly knocked down. Deputy Eldridge, Capt Greene, and Detective York examined the fire scene prior to overhaul. F-317 reported to the scene with two for fire watch. F-317 requested an engine to the scene for a rekindle. F-317's pump had frozen and they were unable to flow water. E-306 responded and assisted F-317 to get their pump going and wet down the rekindle. 12/18/2013 08:09:21 prhude I 7 _ J i COMM Fire District 01920 12/18/2013 13 0004279 BARNSrABLE. _ MA$ i67q. �0� Town of Barnstable Decision and Notice Cathleen Foley-Dupuy Appeal No. 2006-100 —Appeal of the Building Commissioner Upheld-Cease and Desist Order issued September 13, 2006 for violation of Chapter 240-11 of the Town of Barnstable Zoning Ordinance for the multi-family use of property zoned only for single-family use. Summary: Upheld Building Commissioner Appellant: Cathleen Foley-Dupuy Property Address: 1321 Bumps River.Road,Centerville,MA Assessor's Map/Parcel Map 188, Parcel 119 Zoning: ' . RD-1 Zoning District Relief Requested and Background: The property is located at 1321 Bumps River Road, Centerville, MA in a Residence D-1 Zoning District. According to the Assessor's record the main house has a gross floor area of 1,244 sq. ft. An accessory building commonly referred to as a 'cottage' has a gross floor area of 820 sq.ft., and apparently contains two bedrooms and one bathroom. The record also indicates the main house was built in 1941 and the cottage originally built some time around 1960. The present owner/trustee of the property, Cathleen Foley-Dupuy, has been in possession of the property since 1988, but the property has been in the Dupuy family since 1985. The owner resides at 1277 Bumps River Road, Centerville, some three dwellings removed from the subject property. All indications are that the main house and cottage are separately rented. The subject property is located in the Residence D-1 Zoning District. The Zoning Ordinance of the Town of Barnstable, Section 240-11.A, allows only a "single-family residential dwelling (detached)" as a principal permitted use in the Residence D-1 District. Section 240-7.A cites that "No building shall be erected or altered and no building or premises shall-be used for any purpose except in conformity with all of the regulations herein specified for the district in which it is located." Section 240-7.F(1) further states that; "within residential districts, only one principal permitted building shall be located on a single lot." Zoning in the Town of Barnstable dates back to 1929. This area of the town was zoned to Residence A by Article 68 adopted March 6, 1950. That district permitted only single-family dwellings as-of-right and required a minimum lot area of 7,500 sq.ft. and 75 feet of lot width. In 1956 it was rezoned to Residence B-1 by Article 42 (Comprehensive New Zoning) adopted March 6; 1956. That district permitted only one single-family dwelling as-of-right on lots having a minimum area of 10,000 sq.ft., and 100 feet wide. In 1958 it was rezoned Residence D-1 by Article 49 which was adopted March 4, 1958. That district permitted only one single-family dwelling as-of-right on lots having a minimum area of 20,000 sq.ft. and 125 feet wide. In 1985,Article 1, adopted February 28, 1985, increased the minimum lot area to one acre (43,560 sq.ft.). In 2000, the Resource Protection Overlay District was imposed in this area of the town increasing the minimum lot area for all new lots to 2 acres (87,120 sq.ft.). --. - - - Town of Barnstable-Zoning Board of Appeals 2 Decision and Notice-Appeal No.2006-100 Cathleen Foley-Dupuy—Upheld Building Commissioner Based upon the Land Court Plans filed, the creation of the lots and building upon those lots were subject to local zoning regulations as applicable for the respective time. Land Court Plan 15087-K -Tot No-1-1-as shown-on"that plan in 1-97T:-The lot area includes-the current subjects "cottage" structure. That division is based upon an Approval Not Required (ANR) plan submitted by the then property owners, Harold Renzi and Elaine S. Renzi. That ANR Plan and the accompanying application to the Planning Board states that Lot No. 13 is to be transferred to the adjoining Lot No. 12. On March 23, 1972, Lot No. 13 was transferred from the Renzis to Harry Preble and Henrietta M. Preble, the owners at the time, of adjoining Lot 12 by Certificate No. 157657. That certificate also states that "This lot [Lot 13 on Land Court Plan 15087-K] is intended to be added to and to increase the size of the remaining land of the Grantees [the Prebles] shown as Lot 12 on Land Court Plan 15087 J." In 1973, the Prebles petitioned the Zoning Board of Appeals for a special permit to change the nonconforming use of the subject 'cottage'-then purported to be a workshop—to areal estate office In that petition, the Zoning Board at that time found that "no substantial evidence that this nonconforming use did exist" and that if it did, "fact would indicate that the nonconforming use was forfeited since a three year period [of not being used] had elapsed" and, it would constitute abandonment of the nonconforming use under zoning. The Zoning Board denied this request for special permit. The property (Lots 13 and 12 combined) was transferred from the Prebles to Roy L. Dupuy and Keinath D. Dupuy in 1985. Then, in 1986, Mr. Dupuy applied for and secured an on-site septic disposal permit from the Board of Health. That disposal permit was requested and issued to install a "bathroom for garage-shop" and was designed upon a daily flow of 45 gallons (Permit No. 86-567). On April 19, 2006, Ms. Linda Edson, of the Building Division cited the use of the property with the second unit as being an illegal use. On May 11, 2006, Mr. Dupuy responded to Ms Edson's letter reporting that the use of the second dwelling is legal and that the building is on a separate lot. On June 28, 2006, Ms. Edson again cited the Dupuy's for the violation of Zoning noting that the property must be brought into compliance with zoning or it would be subject to a fine of up to $300 per day. On July 6, 2006, Mr. Dupuy responded to her June letter stating that the subject structure predates 1948.,Also, on July 10, 2006, Mr. Dupuy corresponded to the Town Attorney, Robert Smith, seeking to discuss these issues with him. On July 11, 2006, Attorney Christine M. Palkoski, Regulatory Coordinator for the Growth Management Department of the Town of Barnstable responded to Mr. Dupuy requesting of him documentation of the legally created, pre-existing nonconformity use of the subject cottage. On July 31, 2006, Mr. Dupuy responded to Ms. Palkoski citing that he was in the process of securing the information,requested. On September 13, 2006, the Building Division issued the Notice of a Zoning Violation and Orderao Cease, Desist and Abate for the use of the accessory building as a residence. This is the order being appealed to the Board. ° Town of Barnstable-Zoning Board of Appeals Decision and Notice-A Appeal No.2006-100 Cathleen Fole Du u held Building Commissioner 3 • ,�,F PP Y- Y—Upheld P g Procedural & Hearing Summary: This appeal was filed by certified mail at the Town Clerk's office and the Building Division office on September 19, 2006. A copy of which was forwarded from the Town Clerk to the Zoning Board of Appeals office on September 29, 2006. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on November 15, 2006, and continued to February 28, 2007, at the request of the appellant. An extension of time for filing of the'decision was executed by the appellant's representative and the Board Chairman. At the February 28' hearing, the Board found to uphold the Notice and Order issued to the appellant by the Building Commissioner for property addressed 1321 Bumps River Road, Centerville MA. , Board Members deciding this appeal were: Daniel M. Creedon, Ron S.Jansson; Randolph Childs, James R. Hatfield, and Chairman -Gail C. Nightingale. Attorney Charles M. Sabatt represented the appellant during the public hearing. Also present was Matthew J. Dupuy. Mr. Sabatt gave a brief history of the issue and land division and development. He noted that in addition to the Notice of Zoning Violation and Order to Cease and Desist issued on September 13, 2006, the Town also issued a noncriminal citation with a fine of$300.00. That noncrimial citation was appealed to Barnstable District Court and on December 8, 2006, after Clerk Magistrate- Robert E. Powers who heard the evidence that each building was located on its own lot dismissed the citation. Mr. Sabatt acknowledged that, although the citation was dismissed, the notice of a zoning violation and Building Commissioner's order is still outstanding. Mr. Sabatt stated that based upon the Clerk Magistrate's actions, the Zoning Board should follow suit and overrule the Building Commissioner's order. Mr. Sabatt presented the 1971 Land Court Plan 15087-K stating that the plan was based upon an Approval Not Required (ANR) Plan endorsed by the Planning Board of the Town. He also stated that because this plan created Lot 13 as an independent lot with the structure located on it, it is a separately created independent lot. Also, as that structure is now being used as a single family dwelling, it is in full conformity with zoning. The Board noted the subject lot, when created,,did not conform to zoning as it was only approximately 6,750 sq.ft. whereas zoning for this area in 1971 required 20,000 sq.ft. It was also noted that the lot had no frontage on a designated way. The Board cited that in case law, Norwell Arch vs Norwell Zoning Board of Appeals (12 LCR 208; 204 Mass), the, Planning Board endorsement of ANR plans does not confer conformance with zoning nor do they imply any zoning relief. Mr. Sabatt acknowledged that he was aware of the case. The Board reviewed a copy of the 1971 Approval Not Required Plan and the accompanying application submitted to the Planning Board. It was noted both the plan and application cited that"Lot 13, was to be transferred to neighboring owners of Lot 12 and it was not to be considered a separate independent lot." The Board also cited that, indeed, in March of 1972, Lot No. 13 was transferred from the Renzis to the Prebles who were the owners of the abutting Lot 12. Land Court Certificate No. 157657 that transferred the ownership of Lot 13 specifically reads that Lot 13 "is intended to be added to and increase the size of the remaining land of the Grantees [who are the Prebles] shown as Lot 12 on Land Court Plan 15087 J" The Board questioned the use of the structure on that area shown as Lot 13 on the Land Court Plan. Mr. Sabatt stated that he did not know the'exact use of the building. The Board noted that in 1973 the then owners, the Prebles, sought a special permit from the Zoning Board attempting to convert the use, of the building to that of a real estate office. The Board at that time found that there was no substantial t Tow of Barnstable-Zoning Board of Appeals 4 • �e Decision and Notice-Appeal No.2006-100 Cathleen Foley-Dupuy—Upheld Building Commissioner .w evidence that a nonconforming use existed and, in fact, went so far as to cite that if there had been any nonconforming use of the building that the nonconforming use was forfeited due to non-use of the --"— lding.--The-Board read from"the 1973"decision which rendered.—"Mr Renzi;tP►e former owner of-----v-- the property started to work for the Barnstable school department on January 5, 1970. This fact would indicate the nonconforming use was forfeited since a three-year period had elapsed." The Board questioned Mr. Sabatt as to when the use of the building as a residence occurred. After conferencing with Mr. Dupuy, Mr. Sabatt stated the Dupuy family purchased the property in 1985 and it was between 1985, and about 1988, that interior improvements were made. Mr. Sabatt posed that the improvements all conformed to zoning and building at that time as the Town's Board of Health issued a septic disposal permit in 1986 to install the septic system for the building. The Board asked about a building permit. Mr. Sabatt stated that.no building permits were needed as the work was all interior. The Board -reviewed the1986 septic permit noting that it was issued for a "bathroom for garage-shop", not for a separate residence. The Board also stated that at that time building permits would have been required to improve the interior space as habitable area. Public comment was requested. Chairman Nightingale noted two letters in opposition had been submitted to the file from: George E. Genlot of 1288 Bumps River Road and Sandra Storm of 23 Kalmia Way. Mr. Sabatt refuted the letters as it appears the objections are made with an assumption that the main dwelling is going to be converted into two units. Mr. Sabatt stated this is not the case. Findings of Fact: At the hearing of February 28,2007, the Board unanimously made the following findings of fact: 1. Appeal No. 2006-100 is an appeal of the Building Commissioner's Cease and Desist Order . issued September 13, 2006 for violation of Chapter 240-11 of the Town of Barnstable Zoning Ordinance. The appellant is Cathleen Foley-Dupuy. The property is located at 1321 Bumps River Road, in Centerville, MA. It is in a Residence D-1 Zoning District. The subject parcel.is shown on Assessor's Map 188 as parcel 119. It is a 0.73 acre lot. 2. The Assessor's record indicates that the cottage, that is the subject of this appeal, was originally built some time around 1960. It is a 820 sq. ft. building. The main house dates to 1941 and it is a 1,244 sq. ft. building. 4 3. Up until 1971, the subject land area was shown as a part of Parcel 11 on Land Court Plan 15087 J. At that time Lot 11 was owned by Harold Renzi and Elaine S. Renzi. Parcel 12 on that Land Court Plan was owned by Harry Preble and Henrietta M. Preble. In 1971, the Renzis applied to the Planning-Board for endorsement of an Approval Not Required Plan to divide their lot, Lot 11. The reason cited for the division was to transfer a portion of Lot 11 to abutting property owned by the Prebles. The Renzis ANR plan eventually became Land Court Plan 15087-K. In that plan former Lots 9 and 11 become one lot, Lot 14, with frontage on Bay Lane. In turn, that plan also segmented part of the former Lot 11 into Lot 13. Lot 13 did not conform to the zoning minimum to be an independent lot nor did it have frontage on a way., As noted on the ANR plan and abutting Lot 13 was to be united with abutting lands. That being Lot 12 shown on that Land Court Plan. Town of Barnstable-Zoning Board of Appeals 5 ` Decision and Notice-Appeal No.2006-100 Cathleen Foley-Dupuy—Upheld Building Commissioner 4. At the time of the ANR/Land Court Plan 15087-K, Lot 12, the Preble's lot, was improved with the main house and Lot 13 had on it a smaller building that by all accounts was a woo wor mg s op an notan Independent residence. "Upon fhe transference""of Lot 13'-d-the---T" owners of Lot 12 (the Prebles), the smaller building could only become accessory to the main residence already located on the lot. As documented in Certificate No. 157657, the deed transferring Lot 13 to the Prebles from the Renzis, Lot 13 is intended to be added to and to increase the size of Lot 12. The intent being, that Lot.13 and 12 were to be merged and used in combination as one lot. Sometime in 1985, Lots 12 and 13 as shown on Land Court Plan 15087-K were transferred to the appellant as a tenant in common. 5. Testimony has been made to the Board and documentation is contained in the Zoning Board files that sometime in the past, the building on that land area that is Lot 13 had been used for a workshop. However, in that 1973 application of the Prebles to the Board for a special permit, it was determined that the workshop building was vacant. Also, in that decision, it was determined that the building had not been used for a period of three years and that the non- use of the structure would have led to the abandonment of the nonconforming use if one had ever occurred in the structure. 6. Use of the two buildings on this property as individual residences constitute multi-family use of the property and is in violation of zoning as the division of Lot 13 as shown on Land Court Plan 15087-K did not create an independent residential lot. Decision: Based on the findings of fact, a motion was duly made and seconded to uphold the September 13, 2006 Notice of Zoning Violation and Order to Cease, Desist and Abate issued by the Building - Division. The vote was as follows: AYE: Daniel M. Creedon , Ron S.Jansson, Randolph Childs,James R. Hatfield, and Gail C..Nightingale NAY: None , Ordered: Appeal 2006-100 has upheld the September 13, 2006 Order of the Building Division.. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. Gail C. Nightingale-Chairman Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider-Town Clerk Date: September 13, 2006 To: Building File From: R. Giangregorio -- —�—Re:—— Violation of Zoning-Code-C-hapter240-Section-l3 — ---- — ---- Owner: Mathew J Dupuy& Cathleen Foley-Dupuy M&P: 188-119 - 1321 Bumps River Rd, Centerville Zoning: RD-1/AP Received complaint about an illegal apartment'in separate structure. A review of the file shows: F A 1973 appeal for a special permit to change from one nc use (workshop)to another(RE office). The Board found the preexisting nonconforming use to be abandoned. Appeal 1973-50 was denied. The following plans were submitted by Atty Dupuy in defense of his claim: 1930 plan 3 lots A,B &Mary Grubs 1957 plan 7,6,5 &B 1970 plan 9,10,11,12 1971 plan 14,13,12,10 7/6/06 Claims structure predates zoning and subsequently focuses on subdivision rules®s. 8/30/06 LE advised this property was subject of a meeting and I was asked to issue a citation. BC asked me to hold off. The file contains the follwong correspondence: 4/19/06 Amnesty letter to C Foley-Dupuy 5/11/06 Letter to LE from M Dupuy 6/28/06 Letter to C from LE 7/6/06 Letter to LE from M Dupuy 7/10/06 Letter to LE from M Dupuy 7/11/06 Letter to M Dupuy from CP After reviewing the file, it is my position that the use of the structure is subject matter not the structure itself. It is clear that 6riginally the intended use of the,subject structure was a workshop. It is also apparent that the conversion of the workshop to a dwelling unit occurred without permits or zoning relief. Consequently, there is no valid claim to nonconforming rights here. Must discontinue un-permitted use oes econd dwelling unit'. 9/13/06 . Issued citation&cease &desist letter to M Dupuy. I UWil Ul .D ufustaUle Regulatory Services of roy� Thomas F.Geiler,Director Building Division '* sAxtasrnai.E Tom Perry,Building Commissioner MASS. �$ 1639. `0� 200 Main Street, Hyannis,MA 02601 QED MA'i A .. -- Office:_5.0.8-8.62-4-03.8-- Eax:_508-7-9.0_623.0 Notice of Zoning Ordinances Violations) and Order to Cease, Desist and Abate: Matthew J.Dupuy and all persons having notice of this order. As owner/occupant of the premises/str»ctmire located at 1321 Bumps River Rd,Centerville;Map 188 Parcel 119,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date, Sept. 13,2006 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Multifamily use in a single family zone (RD-1). Violation of Town of Barnstable Zoning Ordinances: Chapter 240-11 2. COMMENCE immediately,action to abate this violation. Vacate premises and convert to non- habitable space. ' SUMMARY OF ACTION TO ABATE: Obtain building permits to reconfigure accessory unit to non-habitable space including the complete elimination of the kitchen and capping all utilities in the. wall. And,if aggrieved by this notice and order,to show cause as to why you should not be required to'do so}by -- ow�C�erk o€Barnstabie,-aatiee of�rpPeai EsPeeifg fihe gieuneree#}------------ - - within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action_ as the law requires will be taken , order, " Robin C.Giangregorio Zoning Enforcement Officer , Q/FORMS/viozonel, Centerville man escapes his burning home CapeCodOnline.com Page 1 of 1 ,� et+„ .�: .:tom't..�t �.` _..r•y5:�.�'-- ._ ... k Centerville man escapes his burning home By K.C. MYERS kcmyers@capecodonline.com December 18,2013 8:00 AM CENTERVILLE-A man escaped from a fire that destroyed his home overnight. The only resident of a cottage at 1321 Bumps River Road woke up due to a fire in the living room of his home, said Centerville Osterville Marstons Mills Fire Captain Paul Rhude.The man called the fire department and waited for them outside the residence. 'Firefighters found about 20 percent of the home on fire when they arrived, Rhude said. The man appeared to be suffering from smoke inhalation and was transported to Cape Cod Hospital, Rhude added. The home,valued at$349,500 by the town assessing department,will now need to be gutted due to heavy damage, he added. Copyright©Cape Cod Media Group,a division of Ottaway Newspapers,Inc.All Rights Reserved. r http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20131218/NEWS 11/1312196... 12/18/2013 M.1. SUBDIVISION PLAN OF LAND TN }iARNSTAEiLF 1508 7 :,; Nelson Pearse-Richard Law, Surveyors , .. August 11, 1970 August 12, 1970 0 6 C. AI -080 4T 40• F + oo� co 0d ° titi // /2 , 2/O.07 ' 70.00 _oft. _ ///.B$ 1 `• �` Ra s 230.14 1 �.Q� g90q S 090 18 30 w — :h cs 4opuslu f�. - meiys :vhh;Vtsior of Tots 13 and 5 o;;r, fjr: r']*,:^ ].50`�7A and 150$71j Vi r!A w°i.r rt. of Tit n Nos. 33.40 rind 2lo05 i' :; +:;+,•;r t,i: �.rSct of Rarnst<<ble Co++nt.y Separate certificates of title mey be issued for land ►08,rJf shovmherea+ ------------------- Corr oFwr1 err%,S 50RT3?. By the Court. LAND REGISTRATION OfflCC n SEPT z, f970--- --^/� Sale athis Plan 50 feet to en inch S�'P_L_2,.t9_7 - %fetorde�r� RL.Woodbury,fn97n ter fir CourttL ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW 25 MID-TECH DRIVE; SUITE C,. WEST YARMOUTH, MA 02678 (508) 775-3433 Tel on` S (-508)790-z 778 Facsimile Edward J.Sweeney,Jr. Thomas P.Carpenter Michael B.Stusse "" ~~ 'b - Kelly S.Jason Donna M.Robertson ;: � �'^" Herbert F.Lach,Jr. Matthew J.Dupuy Tracey L.Taylor Charles M.Sabatt Girard C.Brisbois Charles J.Ardito P.C. Refer to file no: May 11,2006 Town of Barnstable Linda Edson,Zoning Officer Amnesty Program Building Department 200 Main Street Hyannis, MA 02601 Re: 1321 Bumps River Road, Centerville,MA 02632 Map 188 Parcel 119 Dear Linda, As we discussed,I will obtain Affidavits that indicate that there were two structures on the. premises at 1321 Bumps River Road.at the time of the adoption'of the zoning by law. Also,I have enclosed four (4) plans showing the plan history which indicates locus being a separate lot. This would seem to obviate the need for the Affidavits. Very tru urs, a EW J. DUPUY,ESQ: MJD/tlb Enc. 1D V0 e PLAN OF LAND IN BARNSTABLE Nelson Bearse Surveyor j AUGUST 1930 1 - I Mary A. - 0 123,75 — F I �w o w jog. I J L i�5 A. V1 V, . < 1^ t0• � I .0 0 y�jo�• 01ron K" a V I Do I 05 ----------- Copy o partOW n fpla N. 40°3830'=E. locusi Post --*-' Marked 'M` LAND REGISTRATION I OFFICE -''-^- FEB. 23.19-52. i .. ,. Ansel Bearse Scale ofthis plan 60 feet to an inch C.B.Humphrey, Engmer for Court 1 48-H-1. i I ' i . a•, SUMIVISION PLAN OF LAND. IN BAF3NSTAI3LE �I y� V 41 15V • Id 1 t ' Nelson Bearae, Surveyors Richard Law, coo September 5, 1957 J C.B. 50.00' 0 0 N �-�•�Abe • N 3 5�1 1�40y � C.B, � .. A� \tip `o i i WO �o co \ / �o 1 oo G� I Pro . 0 0 0 0 Z Z a �. 1 ; - Noo. , • , N Q N Rio o° 5 sS8 s 2 zs w e' Subdivision of Lot A Shown on Plan 15087A1 Filed witFi Cert. of Title No. 3140 i Registry District of Barnstable County Separate certificates of title may be issued for land shown hereon as La s_5,F_i r_T____ ____-_____ Copy of part;ofl plan By the Court. filed "' ' LAND R£G%STRAT/ON OFFICE �57-- -... ---- -- ,1 %Mb l fe. I - - R�STABLE LAID UBDIVIgTSN PLAx d Lary, stir S BeargelRi�her Nelson N°ve°�bsr 239 19?1 � Z cB 6 Plan 15067N Cer1. No. 21005 C.B. p' ' 40 E N 80 42 __ 108.89 � • c.a` g9.21 1. Q 1 m o � O CPI � o O / 4 • \ y°` 6� �`a 4i �` � v 30 W i g.81 9 ►co Oi Q 96 m 49.04 (40.oo wider ca LANE- ;; `j l j and 11 \ on. C Lots J 54BI rt of pla i Sabd t'v on 'Plan 1508101 Title 1400 table Count� Co.of " 1 3bou d Vitt' Car let of erne or land p ROIS 29,19oh 1 Flle Dlstr issued f IJ�N DEC. e� e b _ - Ian 5 I Regl tr! s f title m Y e _ - Sc le of this Plan n ineer to•ce ti,Ic d- R Wood y Engineer � r Sepal as -1-t a awn hereon _ s t By the Court. _ AC _ Record __�'' f r Town of Barnstable *Permit# Expires 6 months from issue date Regulatory Services Fees Thomas F.Geller,Director Building Division Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.bamstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number v Property Address \--5c91 Gsidential Value of Work 6 ` Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address brYN cYM �LJ 1' l — (�E'_V\A Contractor's Namef\`�� M� Telephone Number r7�U b b b Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) X-PRESS PERMIT �Workman's Compensation Insurance Check one: J U N 2 6 2007 ❑ I am a sole proprietor ❑ I am the Homeowner TOWN OF BARNSTABLE ❑--Ch—ave Worker's Compensation Insurance AInsurance Company Name M W orkman's Comp.Policy# Copy of Insurance Compliance Certificate must be on file. F=_. ut Request(check box) coRe-roof(stripping old shingles) All construction debris will be taken to , ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side ' ❑ Replacement Windows/doors/sliders. U-Value (maximum.44) *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e. •P �0! vation,etc. ***Note: Property4Hoove g r Letter of Permission A copy ors License is requireOe :01 tt; SIGNATURE: 00, Q:Forms:expmtrg Revise061306 ' The Commonwealth of Massachusetts Department oflndustrialAccidents Office of Investigations ' 600 Washington Street Boston,MA 02111 - www.mass.govh a Workers' Compensation Insurance.Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le 'bl Name(Business/Organization/Individual): . Address: City/State/Zip: W1 Phone 9a�d `� b Are you an employer?Check the appropriate box: Type of project(required):. 1.[3�I am a employer with �;; 4. 0 I am a general contractor and I T* have hired the sub-contractors 6. ❑New construction . . employees(full and/or part-time). . 2.❑ I am a'sole proprietor or partner- listed on the-attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have 8. 0 Demolition workingfor me in an capacity. employees and have workers' Y P t3'• $. 9. �Building addition comp.insurance. [No workers' comp.insurance required.] 5. We are a corporation and its 10.0 Electrical repairs or additions .3.❑ officers have exercised their I am a homeowner doing all work 11.❑Plumbing repairs or additions myself [No workers' comp.- right of exemption per MG!, 12.[ Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' . 13.0 Other comp.insurance required.] . *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. :Contractors that check this box must attached an additional sheet sbowing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must providt their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is.the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.M Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and ezpiration.date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine nip to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy-of this statement may be forwarded to the Office of Investigations of the DIA for insurance cove a verificatWn. I do hereby certify;ender he d altie ' ry that the information provided above is true and correct Si mature: Date: r Phone#: Official use only. Do not write in this area,to be completed by city or town ditciaL City or Town: Permit/License# ' Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: ,P� �lce �arrinzamrae� a�✓�aaaaclucaeC�a �. Board nCBuilding Regulations and Standards License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR. before the expiration date. If found return to: Registration; 126480 Board of Building Regulations and Standards One Ashburton Place Rm 1301 Expiration;: 6/8/2008 Boston,Ma.02108 Types• Individual MARK HERBST MARK HERBST 35 PEEP TOAD RD .� � ----- CENTERViLLE, MA 02632 leputy Administrator Not valid witho t Wnature CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) 03/16/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Leonard Insurance Agency Inc DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P O Box 494 POLICIES BELOW. Osterville, MA 02655 COMPANIES AFFORDING COVERAGE INSURED Mark Herbst COMPANY LETTER A A.I.M. Mutual Insurance Co 35 Peep Toad Road - Centerville, MA 02632 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,'TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER- - POLICY EFFECTIVE POLICY EXPIRATIOr, LIMITS ' LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY. PRODUCTS-COMP/OP AGG. $ LAIMS MADE CCUR PERSONAL&ADV.INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED.EXPENSE(Any one person) $ AUTOiNIOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY. $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ MBRELLA FORM AGGREGATE r $ THER THAN UMBRELLA FORM WC STATU- OTH- - WORKER'S COMPENSATION AND X TORY LIMITS R EMPLOYERS'LIABILITY 7016215012007 al/10l2a07 01/10/2008 LE uE,' $ A THE PROPRIETOR/ INCL EL DISEASE—POLICY LIMIT $ 500,000. PARTNERS/EXECUTIVE $ l00 000 OFFICERS ARE: X EXCL EL DISEASE—EA EMPLOYEE OTHER e DESCRIPTION OF OPERATIONS/LOCATIONSNEIIICLES/SPECIAL ITEMS CERTIFICATE HOLDER" CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS .OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE . .-----. MARK HERBST } 35 PEEP TOAD ROAD -- CF.N�u__vJLL.F.MA 026 322 508-420-6216 CELL PHONE 774-238-2938 -16 PRO'. , TED TO: WORK PERFORMED AT: Mathe e, t Bumps River Ro 1321A Bumps River Rd Centerville MA 02632 508-771-7928 508-775-433 (work) We herby propose to furnish the materials and perform the labor necessary for the completion of the following; New Roof- Remove I layer of existing shingles Install 8"drip edge Install ice&water shield at edge&in valley areas Install 15 lb.felt paper f N Install Certainteed Woodscape 30yr- algae resistant shingles Color( )*Please fill in, Thank You 44— CYO 7 ec_-Z'�"4 Cut ridge&install cobra vent Replace plumbing boots ,G Storm nail all shin lames 7f7 f U �" Install rubber roof at bad valley area(facing Bumps River Rd) All debris cleaned daily Price includes material, labor&dump fees All material is guaranteed to be as specified.The above work will be performed in accorandance with the specifications submitted and completed in a substantial workman-like manner for the sum of; Six-Thousand Two-Hundred&Fifty dollars($6,250.00 )with payments as follows;full amount due upon completion *Anv alteration(s)from abate proposal involving extra costs will be added under a separate written agreement and become an extra charge RESPECTFU LY S TED: 06-05-07 . Mark Herbst ' ACCEPTANCE OF PROPOSAL The above price,specifications and conditions are satisfactory. We herby accept this proposal. You are authorized to do the work eats will be as specified above. Signature *This oroposal may b ' drawn by said company-if not accepted within 30 days y Town of Barnstable 0 Growth Management Department n^ 2� � OCT 30 PH 04 �b, i6�p,.•� 367 Main Street,Hyannis,MA 02601 -Ruth J.Weil,Director IFD IMF Regulatory Review —Tlrornasfqi is ,T irector, 200 Main Street,kyannis,MA 02601 Phone(508)862-4785 Fax(508)8624725 October 27, 2006 . Attorney Charles M. Sabatt Ardito, Sweeney, Stusse, Robertson & Dupuy 25 Mid-Tech Drive — Suite C West Yarmouth, MA 02673 RE: Appeal 2006-100 — Cathleen Foley-Dupuy`132.1 Bumps River Road, Centerville,.MA — Map. 188/Parcel 119 -Your letter dated October 20, 2006 Dear Mr. Sabatt, On September 19, 2006, the Town of Barnstable Clerk's Office received, by Certified Mail/Return Receipt Requested, a letter with attachments signed b Matthew J. Du u . The samepaperwork p q g Y 1 p Y was also submitted to the Building Division. The content of that letter, including the attached highlighted notice, as filed constituted an appeal of an administrative official under Chapter 40A Section 15 of the Massachusetts General Laws. More specifically, appeal of that September,l3, 2006 Notice of Zoning Ordinances Violation and Order to Cease, Desist and Abate. The reason for the appeal was cited as "No Violation Exists Given the strict time frames imposed on those appeals and the fact the Office of the Zoning Board of Appeals has-no extension, the appeal was scheduled, legally advertised, and noticed for a public hearing on November 15, 2006 at 8`15 PM. Given that public notice, this appeal can only be withdrawn by a request to the Zoning Board of Appeals. Respectfully, Arthur P. Traczyk, Principal Planner Copy: ZBA File 2006-100 Gail Nightingale,Chairman Zoning Board of Appeals Tom Perry, Building Commissioner ' Christine Palkoski,Regulatory Coordinator Linda Hutchenrider,Town Clerk , Ruth J.Weil, Director-Growth Management Department Thomas A`Broadrick,Director-Regulatory Review , �� 1. � ;..��j .t.R` b0i� • �M/�• �i�/A ,flap' � ip• .! �,�f �E a. •t _ �• t�i .Trxw4:, �'• :i.. t � Wit: -.lI .�.a iy', `�. t`��. 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(Spring 06). • Researched revealed a 1973 ZBA decision. • Appeal 1973-50 filed on behalf of Harry&Henrietta Preble sought to change an existing nonconforming use identified as a workshop to areal estate office. • The Board found the nonconforming use was abandoned and denied the appeal on August 20, 1973. • No other form of relief was granted.. 4 • Amnesty letter sent to owner by LE on 5/11/06 r JUL. 6. 2 06=11 : 2?APd —� -- Q. 310 P. ? ` Rostait*Fax Hots 7671 data -7 #of pagesf (���/a o6 Phone# \ Phone 0 FaK#���, Fes# x�R�112IETTA!��pREBT�L;of-E�a�t Palmc,uth, tfassathusEtcs, I�� for considexati'on paid of ONE HU"AM THIRTY THOUSAND grant tQ RAY L. DU$UY and KEINATIi D, DUPUY, ;husband and vife, ar, tenants by the entirety, both of 1301 Buiaps rover Road, Centervill Qf-, xassachusetts, holders of an undivided one•-hal£ interest, anti A1T -EW 0. DQPb3 and CASMEVN p. DUM, husband and wifa, as i tefiLts by the entirety, both of 1277 Bumps River Road, CentezYill Massachusetts, hold,, s of an ur,8ivided one-half interest, � ��•� With QUITCWh COVENANTS ,n (`�VLQV�� �� i yl the grcmises at 1321 BLIMPS River Road, Barnstable fCenterv:llea r i�'� J Barnstable County, Massachusetts, being two certain parcels of land with the buildings thereon, more particularly described TW wzr Y,.Q( as rXT PARCEL- �,•� (�. No&t l3r by tiunips River Road, 210,69 feet w► lQ - - 1r1�-- 5!'SPY by a Portion Of Lot.ID, 111.85 feet, 5t3ltniERi�7C by Lett 11, 214,3,5 feet; and : by a portion of Lot 6, 108.99 feet y' A1l Uf 5ai4 bowidaries are deteamined by the CoL2;t to be: located on Subdivision plan 15067-1, a copy of whicF is fired in 5a ns'ah1e. County Registry of Deeds in Lard Registration Book 29, ?age 21, with Certificate of Title No. 5481, and said land is shove thereon as LOST 12, Per grantor,, tittle, see Certificate of Title No, 49373, >iarnstable Registry District. BEC==PARCEL: f 0 YtESiF�LY, blr a Portion of Lot 6, 16,55 feet; .NO.RTdEA1.Y.and NORTfttKSTM)r by Lat 12, 214-39 feet; EASTBALY by a portion o n.af Lot 10, 54.25 feet; a fYF'�„y,,j CCSE ,n =•*L.� sa>rPgiY by Lot 14, 213.24 feet. ao�lfllsr,Q7 , , . imr0//rt KUI,lI! - �;41 T 73.8141 ��- • � y i Barnstable Assessing Search Results Page 1 of 3 e � sp .k7 sraf Sd, ! Home: Departments:Assessors Division: Property Assessment Search Results New Search /'"�' 1321 UMPS RIVER ROAD Owner: 2006 Assessed Values: FOLEY-DUPUY,CATHLEEN TR Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $ 180,300 $ 180,300 188 /119/ Extra Features: $2,400 $2,400 Outbuildings: $0 $0 Mailing Address Land Value: $ 199,500 $ 199,500 FOLEY{.DUPUY, CATHLEEN TR -' Totals $382,200 $382,200 1277 BUMPS RIVER RD � CENTERVILLE, MA.02632 „ 2006 REAL ESTATE TaxInformation: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $53.40 Fire District Rates Town Barnstable-Residential $1.90 '$6.31 Barnstable-Commercial $2.51 Commei C.O.M.M. FD Tax(Residential) $405.13 C.O.M.M.-All Classes $1.06 $6.54 Cotuit FD-All Classes $1.33 Persona Town Tax(Residential) $ 1,780.05 Hyannis-Residential $1.61 $6.49 . Hyannis-Commercial $2.50 Other R W Barnstable-Residential $1.60 Commur, W Barnstable-Commercial $2.46 Total: $2,238.58 Construction Details Building Property Sketch Legend Building value $ 180,300 Interior Floors Carpet This property contains multiples Style Ranch Interior Walls Drywall Please use the navigation below the sketch to bro, Model Residential Heat Fuel Oil Grade Average Minus Heat Type Hot Water Stories 1 Story AC Type None http://www.town.bamstable.ma.us/assessing/assess06/displayparcel06.asp?mapparback=ad... 4/14/2006 Barnstable Assessing Search Results Page 2 of 3 Exterior Walls Wood Shingle Bedrooms 3 Bedrooms Roof Structure Gable/Hip Bathrooms 1 Full f 1101111 Roof Cover Asph/F GIs/Cmp living area 1244 ------------------- {,( ' Replacement Cost $129887 Year Built 1941 � SUNNI Depreciation 20 Total Rooms 6 Rooms } � Ursa. Land Zu a � F g� FOPS Lot Size(Acres) 0.73 b .� Appraised Value $ 199,500 Additional Sketches 1 121 Click Here for print version that displays all ske Assessed Value $ 199,500 Interactive Property Map: Map requires Plug` in: I have visited the maps before ', Show Me The Map w ' April 2001 photos available Sales History: Owner: Sale Date Book/Page: Sale Price: r FOLEY-DUPUY, CATHLEEN TR Jan 23 1997 12:OOAM C143388 $ 1 DUPUY, MATTHEW J& Mar 15 1994 12:OOAM C133139 $ 1 FOLEY-DUPUY, CATHLEEN Jul 15 1992 12:OOAM C127243 $ 1 DUPUY, MATHEW J& Apr 15 1992 12:OOAM C126300 $ 1 FOLEY-DUPUY, CATHLEEN TRS Mar 15 1988 12:OOAM C113811 $ 1 DUPUY, ROY L&KEINATH D& Dec 15 1985 12:OOAM C104764 $ 130,000 PREBLE, HENRIETTA M Sep 15 1982 12:OOAM C54139 $0 Extra Building Features Code Description Units/SQ`ft Appraised Value Assessed Value FPL3 Fireplace 1 $2,400 $2,400 Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area (Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic http://www.town.bamstable.ma.us/assessing/assess06/displayparce106.asp?mapparback=ad... 4/14/2006 I i LOT /I . ¢�' ►✓ iv 57 �2 i LoT /3 Nl a0 0 0 ' a m m 1 ,ZoA3 19) a v N vI�-T t o r-J t; r 11=I GAT i a-4 �dT 12 I�vn^C"� �iv6R �oA� ' L Wh/�• M k/A�uJIGIL AsSUG I J-►G g�O�G ao i n.,10 G/�.1..•N�v V"�1-1 , fn.A'�; � i On the basis of my knowledge, information and belief, I certify to Zhu j that as a result of a survey made on the ground on //z , I find that: The structures) are located..on the site ,as shown. The title lines and lines of occupation of the o���P�t� uvMgss9� site are as shoini hereon. wauAnn s� 'i'he site is situated in F3,00d Lone%lt,L_/'/aaa o wnWICK Community Panel No. 25'000/ 004 .3 Date: o � C � No. 197710 ti Date: /I z SU 1 Rv�� A � U illiam.,11. •Warwick,XLS , SUBDIVISION PLAN OF LAND IN BARNSTABLE 150874�_, Nelson Bearee.rRiohard Law, Surveyors March 27, '1972 t k CA 1 CA 14 P/ois LSOB7� Ccrt //4YS � � h i� 7582 r; en' A N W h `N Q 15 16 O � C!t Subdivision of Lot 10 Shown on Plan 15087 Filed with Corte of Title No. 5481 Registry-District of Barnstable County Separate Certificates of title may be issued for land p�sholvnberm as. d.&.0.Oc_lrv----------------_----- Copy nkd�Jn dd� By the Court. LAND REGISTRATION OFFICE �j ✓LN6 ?•i972 t $C*ofMls plan 50 feet to an" ✓1/X�2 L422, -� Reco r. RL.W000'dury,figbner for Cowt.- 15D87A PLAN 0 LAND IN- BARNSTABLE Nelson Bearse Surveyor AUGUST 1930 . 3 H1sry A..Grube 123.75 E LAG Oils T G , p • �b n � `r ----- ---------- CoPI of part ofAn N. 40'3B 30=f" Locust post fl In--- - u _ Marked M• [AND RIVISTRATION Off7CE -'r r FEB 29•t9S2. QRSEI L'B88rSe Scott ofWspran 60 fart to an inch ' Cd 1101*1s- hee1r for Court e f 1 . SUBDIVISION PLAN OF LAND IN BARNSTABLE 15087k Nelson Bearee.rRichard Lax, Surveyors Maroh 27, '1972 r ca P/on /SdBT) Ccrf INZ5 `) 14 /gyp IV 3 ti it 75 8.Z s .3n / N h he Ah• 15 4U�� /6 g JLr�- a S 0 CA/ 4 Auyusfa K • r LqN� I Subdivision of Lot Z4 Shown on Plan 15087 Filed With Cart, of Title No. 5481 Registry-District of Barnstable County .fepdrOte CerlifiegeS of title may 6e issued for land pr dly=hereA'ras.L4ff. :tk.l -- ----------- cow raftofptan 'the Carrt• LAND R£6df;?ATl0W OFFICE ✓uA/E y,/972 t Suk ofrhisplan 50"to on indi I./VW4 ZLQZZ, Al.Woodbury,tvbleer&Court_ Map Page 1 of L Town of Barnstable Geographic Information System New Search H, Parcel Viewer Custom Map Map Size Zoom Out f. J, ny fl, I le In I i ram- y 7PG Map: 188 Parcel: 119 F a. F Location: 1321 BUMPS RIVER ROAD I 4 " � 188Ij47 � � Owner: FOLEY-DUPUY, CATHLEEN TR 188046002 } �113 C146CI01 .n # 1330 # 1302 - a - a '� M,. .. ._.._._. ..... __ ._..........................._........._................ Location Information { 11NtFS C Map & Parcel 188119 Location 1321 BUMPS RIVE ROAD . Acreage 0.73 acres LL � .. .._..............._.....-_._.............._..._._..... _...... I _...-.--........... Current Owner _ r � Mailing Address FOLEY-DUPUY, CATHLEEN TR %DUPUY, MAT HEW I & _. -DUPUY CATHLEEN - 188119 FOLEY ��', �� _ A�a4 #1321 I- 1277 BUMPS RIVER RD 18$070 CENTERVILLE, MA 02632 ' f 388072 , ppraasecl Value t FY 2006 ry #1301 I= Extra Features $2,400 Out Buildings $0 #1293 r Land $199,500 ���� Buildings. $180,300 Appraised - Total A 382,200 ' 88071 r ":m � $ ;Assessed Value (FY 2006) O183074 N-F t -° Extra Features $2,400 •188069 1# 681 .K Out Buildings $0 —__—_ mow., ------ --�-- Land $199,500 Set Scale 1" = 80 Aerial Photos Buildings $180,300 Copyright 2006 Town of Barnstable,MA All rights reserved.Send questions or comments to GIS Barn;tableMA v0.2.7 [;Production] http://www.town.bamstable.ma.us/arcims/appgcoapp/map.aspx?propertyID=188119&mapparback=address 9/13/2006 I I .. � . I 7 I - - � . 4:.-�::Zir...�ii b,e - , - - -- , , . 1302 1$s047 F 188046. 1 # 3.30 188048 #13 I Q # 1340 188046003 188 : ;::.. __ __: _ .....___. ... - . 1880E ry # 13E .I k M �^ x - e 5 j' x k Y £ �'s3. ,y. .� 1 ' i 1#8.119 1321 1 ss'o7o z # 1335 Q 188073 188072 "� # 1293 °3 #1301 N r ,.. #710 188074 1 1277,' $8071 M #::695 w , ..... . ., . . . . .. .. .., _ -f , . I r. 1 - - c . $ . � . x rF �; _I t - , IFA JIF Mel ol 4, w ka TOWN O :1 .c , ' _�_ Board of Appeals Harry and Henrietta.«Preble « .....«...... Petitioner Appeal No. _...... 7 ..'��5....... _.......... ...............August....20 ........«...«.... 19 73 FACTS and DECISION Harr and Henrietta Prebte June 18 73 Petitioner .................................................................................................-............................... filed petition on .......................................... 19 , requesting a variance-permit for premises at .....132«1 Bu;�ys «R.i River Road Street, in the village enL% JI e of «..... ............... ....... ..........._...:.._....., adjoining premises of«....... .............................................................................................................w...................... Vau^han Dobalian, Tilalcott Ames, Dorothy Orr, Antanas & Zofije Vieskalnis, Carl RJberg, Ella C. i>icEttricic, Evo & Ida Renzi, Harold and. Elaine S. Renzi, Carlo Renzi, R. "L. Dupuf, Frank R. & Elsie W. Bello, Michael & aabhleen Renzi, Evo Renzi„ _.........................................................................«........................................................................................................................................................................................................... Locusis presently zoned in .«...............«:.._..........RD- .................................................................................................................«..:.................._ «..........................«._«....««.«.«.................«.«.««.........«...........................«.........................:.....................................................................................................................«.................:..... Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and Idetids - by publishing in Cape Cod StaudaTd--Tines,- a daily newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Bwird of Appeals of the Town .of Barnstable was 'held at the Town Office Building, Hyannis, Mass., at ...............2w29..:..........Ail•1. P.M. :..:........:.................J?LY1..1 1..........................«.. 1973, , upon said petition under 'zoning by-laws. Present at the hearing were the following members. Lsuh.«A!..«Williams................ .�Butor�...«Go ns....................«........ «P1ar�T Ann..«B...«Str«ayor....w _. .. Chairman 5 .«......................««............«««w........««.««w...•...... ...««.......«r.«.«.................«.......................................... .....................................................«..«.«««.........r«.w At th,, conclusion. of the,hearing, the Board took said petition under advisement. A view of the locus was had by the Board. — On .........._........ ..:.'�V: .S:r.—.1�J........................................................................ 19 3-3..... the-Board-of— —_ Appeals found Attorney Joseph Reardon represented the Petitioner, Harry and. Henrietta Preble who are asking permission to operate a Real Estate Office at. 1321 Bwmps River Road, Centerville an RD-1 Zoning district. A plan was presented to the Board showing the main residence, and the outbuild- ing which Mr. Reardon said i�.as used for painting and storage by the previous owner. A dipping service for stripping furniture was operated on tre premises which Mr. Reardon said pre-dated zoning and therefore the property has a non- conforming use. The Petitioners are asking for a change of use under P7 of the Zoning by-laws which allows the change of a non- conforming use to any specified use not more detrimental to the neighborhood. 1-irs. Preble will operate the Real Estate business and would not have any employees. 'Mr. Preble is presently using the outbuilding for a workshop. ' The Board found the Petitioners had applied for a Special Permit under P7 which . allows the change of a non-conforming use to any use not more detrimental to the neighborhood. The Board found no substantial evidence that this non-conforming use did exist and that 11-1r. Renzi, the former owner of the property started to work-for the Barnstable School Dept. on January 5, 1970. This fact would indicate that the non-conforming use was forfeited since a three-year period had elapsed. The Petitioner again offered no evidence that this was not so. The Board found that since there* as no evidence offered by the Petitioner that the non-confor�ing use had not elapsed; to allow the Petitioner a Special Permit unddr P7 would be in derogation of the Barnstable Zoning b7 -lattiTs. ' The Board voted unanimously to deny the Petitioner's request for a Special Permit.. Restrictions imposed Distribution:— Board of Appeals Town Clerk Applicant Town of Barnstable Persons interested Building Inspector ! Public Information By ...... 'M�V-4 4 '! ......._. .... _. Board of Appeals airman P�OTHEpO�y � � 75- JO i BARN LEIa ` y MA8a p� pp 1639. am k' -TOWAT`"OF—BAR.NSTABLE PETITION FOR SPECIAL PERMITUNDER THE ZONING BY-LAW To the Board of Appeals, Hyannis, Mass. Date ...........June_ 18 a..«....«. 19 The undersigned petitions the Board of Appeals to vary, in the manner and for the reasons hereinafter set forth, the application of the provisions of the zoning by-law to the following'described premises. 1321 Bumps River Road Applicant: Ha.Px1y«.-X.r--.eb1a.....an-d-....H nr.i.ett-a....M........P--r.ehle..__C:exlter.-vill ,:..«Ma. « ..�«_... (Full Name) (Winter Address) Owner: S.came-..........--..............._. ....................-.......-..«....-.....................«Non e «.._«._... _. ( .............«.....«_...--..................................«. (Pull Name) Winter Address) « Tenant (if any) : hton-@........................«........................... ...................................................... (Full Name) Winter Address 1. Location of Premises .13.21,,,_«Bumps «River Road, Centerville (Name(Name of Street) (What section of Town) 2. Dimensions of lot ......210. 6«9 feet 125 . 39 to 17 6 N��e1 «2 7 ,O 0 0 ± ..........................«........................................................_..._ _... (Frontage) (Depth) (Square Peet) 3. Zoning district in which premises are located................RD-1................................ ...............u..............«............._......................... 4. How long has owner had title to the above premises? .........dn.e.....year.:............................................i....-........................ 5. How many buildings are now on the lot? t.wo..............................................................._..................«.........«................................I................ 6. Give size of existing buildings House: 1 0 x 50, Workshop: 2.0 x 2.5 . _ «..........:..« ....................... ....... ............................:..... ....... Proposedbuildings .....S.ai:Ee..........................................................................................................................................................................._......... 7. State present use of premises ...House......=....«dwelling.;..........W a rk.Sk1a}?.....=....:at.Q QAfl entry 8. State proposed use of premises House...... .dwelling; workshop =..real estate office ....... ...............7........................... 9. Give extent of proposed construction or alterations: .......The....._ext.ex'i.4 '..._dil. ns ons _of «work— . ............s-he-p....w-i«}1:....Perna:in«.--S-aMe........P-PopGG4a.-_«t-Q...«rely at ....ext.eri.ar.....and.....int.er-iox to ........._impra e....a-p-pearan.ce..........._...............................-..-...................................................... _...«..: ............................«....................._........... 10. Number of living units for which building is to be arranged ...............:....................�!QIl_e,---------,-.,,-,.: ,;.. .......:............... 11. Have you submitted plans for above to the Building Inspector? ..........................y..&S...............«......:............................... n TT_ L rGrm 1'F R - . a R The following are the n.....es and mailing addresses of the abutth awners of property and the name and address of the owner across 'the street, according to the records in the Assessor's Office at the date of this application: Please type or print only. .---V-a-ug-han Doba-l-ian .— Fr-ank—R:--&Elsie---N -Mello--------- -- 17 Main Street Bumps. River Road Yarmouthport , Mass . 02664 Centerville , Mass . 02632 Walcott Ames Michael 6 Kathleen Renzi Parker Road Field Street Osterville , Mass. 02655 Mattapoisett , Mass . 02739 Dorothy W. Orr Evo Renzi 14 South Lane 1.353 Bumps River Road Hingham, Mass . 02043 . Centerville , Mass. 02632 Antanas & Zofij e Vieskalnis RX3TX tx:R 33, Windsor Road Quincy, Mass . 02169 Carl Ryberg Box 432 Centerville , Mass . 02632 Ella C. McEttrick c/o Beatrice J. Whitmer 2A Curtis Street Rockport , Mass . 01966 Evo 6 Ida Renzi 1353 Bumps River Road Centerville , Mass., 02632 Harold and Elaine .S.. R.Renzi Bay Lane Centerville , Mass. 02632 Carlo Renzi Bay Lane Centerville , Mass . 02632 R. L. Dupuy Bumps River Road noczio. P�oFTxErowy TOWN OF BARNSTABLE BOARD OF.APPEALS i BABBSTULE, i MASS. -NOTICE OF PUBLIC HEARING 4�A 1639. am °r' — UNDER .ZONING BY-LAWS Appeal No. ..........192.3r »».......»...» D a...`� ..........»..»..... 19 73 .., t TO. B all persons deemed interested or affected by the Board .of Appeals, under Sec. 15 of Chap. 40A of General Laws of the Commonwealth of Massachusetts and all amendments thereto, you are hereby notified that ..:...»n�� ...:...»rt. ; s �. 1.E... *.... }c bs3o ............................................................................................................................................................................................................................................................................................_ has appealed to the Board of'Appeals from a decision of the Building Inspector and petitions for z Tn'erior d'n3^sC: exterior r(,.'iioln,t ons to e_).;i wirkshoz) and, purmi x.i:-)n for a 3 �f +x i� M � a4�4i: Yilie� � W �_fl r.14 eLVie 2 " n�. car"s.1-w e?�3T. �-yzinnia ''?rZf i s t i.'.• Apublic hearing will be given on this petition, in ........»...........»......................r:.»....:..............»......:.........»........ »..:...»: ....:..:..»»» on »................. r'f....»11.2..»1973..»..»...............................». ........».... at 1!00..».`�•T3•.............».................:....».».................. ».... ».»».. You are invited to be present. By order of the Board of Appeals, »..... ...._.».»..............................................»......_.... Chairman. -�lci/iw.4�✓C�J•�.'i.l{ e1t,L4�tiJi � - June27 and July 3 ».................................»..»..........».».»...................................................... 0") 'proofs) ...............................»..»......»......».».............._............_....................... r i ' d sJ iu a + HOUSE f i • � � line " ,W !...._.. ? „ .tip- - - • -_...- --- ---__-- '. _ .. . F TOWN OF g 8OAF;p 4RNSTABLE / NOTICE OF OF_.- APPALS UNDER ZONING gHEARING 7 Appeal No_1973.50 LAWS TO; all Perne 2 sons deemedu ntereste 3 or affected by the Board of Appeals,' L under Sec. 15 of Chap.40A of General aws of the Commonwealth of-` thereto, you are Massachusetts and all amendments. hereby notified,that. = HARRY&H'ENRIETTAM. P haveappealedtothe REBLE from a .decision Board of APpeals of the Inspector and petition Building _ a and exterior renovations'for• Inferior. -workshop to existing 'and Permission fora Real I<' Estate Offir:e. Premises locefed at C, 1321 BUII4PS RIVER CENTERVILLE ROAD,.; DISTRICT• in an RO-1 this Petitionchearing Will be given on �. TOWN in HEARING ROOM .BLDG. MAIN ST., HYANNIS,i MA. MAIN July 11, 1973 at 2:00 P.M are invited to be present. B Y order of fhe Board of APpeals;'MARY ANN B.STRAYER,- - ;(b 2I:7-3-73) Clerk I i f NA OF OFF NOEfl I '�.�. TOWN OF BAR '2 609 ADDRESS OF F ENDERS BARNSTABLE ci Y,I`�F STATE.,fZI'P Co""E tt ` ) 11,,1 — P��,.,,,,? � \7E „- i TIME AND ATE OF VIOLATI N- W NOTICE OF D:4 U . / P.M.)ON ��—' 20 Q(G, Loc ION of viol noN �/{ z SI(;f}QTU E OF ENFOR, NG PE 0 f VIOLATION `� ENFOgCING DEPi. t t /' d Q .1 �'L, BA OE NO. Q UJI OF TOWN ;, `, I HEREBY ACKNOWLEDGE RECEIPT 0�CITATION X � ORDINANCE [f Unable to obtai signature of offender. a OR Date mailed I 'UI© THE NONCRIMINAL FINE FOR THIS OFFENSE IS =���, b < YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. tL REGULATIONI'llI'llI'll W EnA ay elect to pay the above fine,either by appee np in w e Barnstable Clerk,2DO Main Street,Hyannis,MA 02801,or b meilin a check,money order or Person beytween g8:30 A.M.and 400 PM„Monday through Friday,legal hollda a exce tad, A 02801,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. yy Posts note to Barnstable Clerk,P.O,Box�q� J esire to contest this matter in a noncrimfnalproceedingg yyoo yy n- BLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTAEILE,MA 02makI830,Attnwritten21D NoncriminTRal Hearing end encore a copy FIRST of this a hearing.you fall to pay the above offense or to request a hearing within 21 days,or it you fail to appear for the hearin or to hearing to be due,criminal complaint may ,request against you, pP 9 pay any fine determined at the ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature r L �� Date: September 13, 2066 To: Building File From: R. Giangregorio Re: Violation of Zoning Code Chapter 240 Section 13 Owner: Mathew J Dupuy&Cathleen Foley-Dupuy M&P: 188-119 - 1321 Bumps River Rd, Centerville Zoning: RD-l/AP Received complaint about an illegal apartment in separate structure. A review of the file shows: A 1973 appeal for a special permit to change from one nc use (workshop)to another(RE office). The Board found the preexisting nonconforming use to be abandoned. Appeal 1973-50 was denied. - w The following plans were submitted by Atty Dupuy in defense of his claim: 1930 plan 3 lots A,B &Mary Grubs 1957 plan 7,6,5 &B 1970 plan 9,10,11,12 1971 plan 14,13,12,10. 7/6/06 Claims structure predates zoning and subsequently focuses on subdivision rules ®s. 8/30/06 LE advised this property was subject of a meeting and I was asked to issue a citation. BC asked me to hold off. The file contains the follwong.correspondence: 4/19/06 Amnesty letter to C Foley-Dupuy 5/11/06 Letter to LE from M Dupuy 6/28/06 Letter to C from LE 7/6/06 Letter to LE from M Dupuy 7/10/06 Letter to LE from M Dupuy 7/11/06 Letter to M Dupuy from CP After reviewing the file, it is my position that the use of the structure is subject matter not the structure itself. It is clear that originally the intended use of the subject structure was a workshop. It is also apparent that the conversion of the workshop to a dwelling unit occurred without permits or zoning relief. Consequently; there is no valid claim to nonconforming rights here. Must discontinue un-permitted use of second dwelling unit. 9/13/06 Issued citation&cease &desist letter to M Dupuy. . . . ... ... .. . . .. .. .. . . Town of Barnstable Regulatory Services al °pIME T° Thomas F.Geiler,Director ` yP °� Building Division '* sysrnsLe, Tom Perry,Building Commissioner y Muss. 1639. 200 Main Street, Hyannis,MA 02601 QED MA'i a Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violations) and Order to Cease, Desist and Abate: Matthew J.Dupuy and all persons having notice of this order. As owner/occupant of the premises/structure located at 1321 Bumps River Rd,Centerville;Map 188 Parcel 119,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date, Sept. 13,2006 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Multifamily use in a single family zone (RD-1). Violation of Town of Barnstable Zoning Ordinances: Chapter 240-11 2. COMMENCE immediately,action to abate this violation. Vacate premises and convert to non- habitable space. SUMMARY OF ACTION TO ABATE: Obtain building permits to reconfigure accessory unit to non-habitable space including the complete elimination of the kitchen and capping all utilities in the wall. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. order, ,. ,4 Robin C.Giangregorio Zoning Enforcement Officer Q/FORMS/viozonel TOM S- ~'__3A N_S TA - Board of Appeals Harry and Henrietta Preble -- - - - Petitioner Appeal No. ----- '��� . __............... .August _.20, _... _ 19 73 FACTS and DECISION Harr and Henrietta Preble June 18 1973 Petitioner ..................:.Y..................._.............._................................................................. filed petition on ....:...._............................... � .. requesting a variance-permit for premises at River Road Street, in the village .....�......................... ........ Centerv,� e of .....:........._...................�,�:................:........, adjoining premises of_...._:..._.....................................................................:....................... ...:.:......w-.......... Vaughan Dobalian, Walcott Ames, Dorothy Orr, Antanas & Zolije Vieskalnis, Carl Ryberg, Ella C. 14cEttrick, Evo &. Ida Renzi, Harold and. Elaine S. Renzi., ' Carlo Renzi, R. L. Dupuy, h-ank R. . Elsie N. Mello, Michael & Kathleen Renzi, Evo Renziy Locus is presently zoned in Notice'of this hearing was given by mail, postage prepaid, to all persons deemed affected and Idetirs - _ by publishing in Cape Cod StaadaTd-'Frmxes; a daily newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings Bled with Town Clerk. , A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, Mass:, at _.� ��.w ._A-l�. P.M. ............... ��,..._._.._ ._. . . .... 1973, e upon said petition under zoning by-laws. .'Present at the hearing were the following members: Joseph A. Williams. .......:. . Buzora..Goins...�._..._.._. ..:...... Chairman is At the conclusion. of the hearing, the Board took said petition under advisement. A view of the locus was had by the Board. On ....... ��..-.—:.::-w............................. .... .... 19-7 _-.;the-Board of-- Appeals found Attorney Joseph Reardon represented the Petitioner, Harry and. Henrietta Preble who are asking permission to operate a Real Estate Office at 1321 Bumps River Road, Centerville an RD-1 Zoning district. A plan was presented to the Board showing the main residence and the outbuild- ing which Mr. Reardon said was used for painting and storage by the previous owner. A dipping service for stripping furniture was operated on the premises which Mr. Reardon said pre-dated zoning and therefore the property has a non- conforming use. The Petitioners are asking for a change of use under P7 of the'Zoning by-laws wlch.allows the change of a nonconforming use to any specified use not more detrimental to the neighborhood. Mrs. Preble will operate the Real Bstate business and would not have any employees. Hr. Preble is presently using the outbuilding for a workshop. The Board found the Petitioners had applied for a Special Permit under P7 which . allows the change of a non-conforming use to any use not more detrimental to the neighborhood. The Board found no substantial evidence that this non-conforming use did exist and that Hr. Renzi, the former. owner of.the property started to work for the Barnstable School Deot. on January 5, 1970. This fa tiro 1c1 �hcucate that them co" °nortning�tise�'"'�as 'forfeited°�s�nce;°a• three year.. _e_rsod�;had�e7_�a sed_ � The Petitioner again offered no "evidence that -this was riot so, The Board found . that since there tNas no evidence offered by the Petitioner that the non-cor�for�ing use had not elapsed; to allow the Petitioner a Special Permit unddr P7 would be in derogation of the Barnstable Zoning by-latti*s. The Board voted unanimously to; de y the Pe it `er;s _ 7'e-M; for a Special Permit. . Restrictions imposed Distribution: Board of Appeals Town Clerk Town of Barnstable Applicant ' Persons interested Building Inspector Public Information By ;irman -........_._...Board of Appeals y� THE T0� �' ! 5_ 0 i BAHHSTABLE, a y MABB. 0 pp 1639. 90 ATF0 MpY W� - � t TOWN. OF BARNSTABLE PETITION FOR UNDER THE ZONING BY-LAW SPECIAL PERMIT To the Board of Appeals, Hyannis, Mass. Date 19.7 The undersigned petitions the .Board of Appeals to vary, in the manner and for the reasons hereinafter set"forth, the application of the. provisions of the zoning by-law to the following described premises. 1321 Bumps River Road Applicant:PP Ea��•�_.-�?�.�•1�.�..e.._.��:id.....H.e.n�iett.a....rl.:_:.,.P..r-abl,�..._.... :enteru�.:1..I.�.,....Ma.S.�..�..._....._. (Full Name) (Winter Address) Owner: _..............._.-..._........................_...::...-.............---.......................................None • (Full Name) (Winter Address) Tenant if an (Full Name) (Winter Address) 1. Location of Premises _13,21_.,.Bumps River. .Road.,..wCenterville (Name of Street) (What section of Town) .210. 69 feet 125 .39__to_176 ' 2.7 ,000 2. Dimensions of lot _.....__. ._.�._. ......... .... ...._.._._....... ...� X� — ......... ..._ _. (Frontage)- (Depth) (Square Feet) 3. Zoning district in which premises are located...._.-..-..._RD-1 4. How long has owner'had title to the above premises? ........Qn.e....year.............:......................................::....:-................. 5. How many buildings are now on the lot? two................................................................................................_......_. .__:_. ....__...... 6. Give size of existing buildings House: 3.0 x 50„ Workshop 20. x 25 ....................... a.................................. .._... .....__......-_ _ ....._....... . _._.. _ Proposedbuildings _...S.azfle......_........................................................._.............._.._....... ............................................. 7. State present use of premises -Eau.s.e.....=.....dwelling.;.......... Wo�'}�11k1S�.�.. _...��4?z'a��.:.�4��_���'�eA�1�}► 8. State proposed use of premises House,_ = dwellin. ; workshop ..real estate office 9. Give extent of proposed construction or alterations: ....-..The.......e tP,.a:'iu....dimensions of work— _....._...s-hop.._wi.}1:...Y-Iemanin...Gaffie ...P.ro•posE.._.to....r•••enovate.....eyrt.e.rLar.....and.-inter..a..or to .......... ._.._......._._.:._............_........._.__ ..._ ._ .___ ___.- _---- _.._.._-.._.._.._._ ._._�. 10. Number of living units for which building is to be arranged .........._..._....._..._...... 4? ?e. . __...... ......_._....._._... v k i The following are the n, -s and mailing addresses of the abuttL awners of property and the name and address of the owner across the street, according to the records in the Assessor's Office at the date of this application: Please type or print only. V.au-ghan--Doba-lan— ---Frank R:`6�Elsie N--Mello 17 Main Street Bumps River Road Yarmouthport , Mass . 02664 Centerville , Mass . 02632 Walcott Ames ` Michael & Kathleen Renzi . Parker Road Field Street Osterville , Mass. 02655 Mattapoisett , Mass . 02739 Dorothy W. Orr Evo Renzi 14 South Lane 1.353 Bumps River Road Hingham, Mass . 02043 Centerville , Mass . 02632 Antanas & Zofij e Vieskalnis kTHNNYXR 33 Windsor Road .Quincy, Mass . 02169 Carl Ryberg Box 432 Centerville , Mass. - 02632 Ella C. McEttrick c/o Beatrice J. Whitmer 2A Curtis Street Rockport , Mass. 01966 Evo 6 Ida Renzi 1353 Bumps River Road Centerville , Mass. 02632 Harold and Elaine. .S:. .Renzi A Bay Lane. Centerville , Mass , 02632 . Carlo Renzi Bay Lane Centerville , Mass. 026`32 R. L. Dupuy Bumps River Road i - 1 ...... ... .. - -------- �P�oFTxET,wo TOWN OF BARNSTABLE o, BOARD OF.APPEALS i BAHASTABL$, i -- —MASS.- �- - —NO-T-IC-E-OF-P-UBL-IC—HEARING-- -- —oOA 1639 UNDER ZONING BY-LAWS Appeal No. ........ 73 _...................J ma 25 1973 �3: Beieg,all persons deemed interested or affected by the Board of Appeals, under Sec. 15 of Chap. 40A of General Laws of the Commonwealth of Massachusetts and all amendments thereto, you. are herebynotified that ...........111h.ail..."..r � ... ....`.'. 3 ....................... . .................... ......._................. ........................................ has appealed to the Board of Appeals from a decision of the Building Inspector and petitions for Interior and exterior rono",tion3 to md.1t4xig, u-ne shop bid pen, edon for a Real Entate. Office. -Premises Jvea- ted at 1321 T V ;dyer A' p Cent(.rviile- A public hearing will be given on this petition, in ..." in.tivnt „ " 4 �, 'A* _......•.. .................. .. ......_.......... on _.. ............ t �.. ._.` ..�.__. __. _ at 2*0i3 ' .M' _..... .._....__ .. __ You are invited to be present. By order of the Board of Appeals, , j�r Ain 3. tra�rw .,_^_..•• ...... _ . _. _ .... ........... ......., Chairman. Jme27 Und Ju1Y 3 _... ........................................................................ (30 pr ro) ...._....................w...._.._.._._..�.. _........_.._........._...... i L. • C i pv t - 1 . � /s �L/7 G�.l�ir�f�B�� •,6�� 2i to 1 a TOWN OF BARNSTABLE 1 ' Y...... I!!' . OTICE OF op AP�P ALS Ffr UNDERHEARING C:`,:.Iq ZONING BY-LAWS ..,,Appeal No 1973.5o ,TO: all Jvne25,1973 persons deemed interested.., or affectecf by the Board of Appeals,-; r. Under Sec. 15 of Chap.40A of General: Laws of the Commonwealth Massachusetts and -all amendments thereto, you are hereby notified,thaf. HARRY&HENRIETTAM. PREBLE-' have appealed to the Board of Appeals 7 fs' Inset a aeciision of the Building i i_ Inspector petition for Interior 1 ,.,,and exterior or to •existing-r workshop and r pemission for Estate Offire. a Real: • 1321 BUNIPS Premises located at J. CENTERVILLE RIVER ROAD 66 DISTRICT. in an RD 1 , d A Public hearin this petition g will be given o�` TOWN m HEARING ROOM .+ SLDG. MAIN ST., HYANNIS,"; on July 11, 1973 at 2.00 P.M.You are invited to be present. BY order of the Board of Appeals;°.' 4 �. MARYANN B.STRAYER, 9I..(b-27i7-3-73) r Clerk:q Sis of s'f t At ^�a Sri. - ,}. 1 kl3A. / f •:G 1"E I�3. �1 5 i�`>r.;: .�'' }' � 1 .'} I � �. I 1 a. r 1 ' Pr,;r.a:ieA a f, ?1 �r• Mv ##11 u i ai If Xm II I M w t GG t ## 1302 188047 188046001 # 1330 ', 188048 #131 Q #-1-340 188046003 # 1'288 1880E # 13E " � W 4 :� 18811'9 $' W # 1321188070 - # 1335 Q u 188073 188072 J #1293 #1301 188155 - #710 188074 - --- - #_1277 188071 #695 r : e y ..;—::�;:,��,"t:'..��.:—Km.t��,,,�!�.�.,z�,I.:�,��!,l��:,:�P,i,::,:I ,,.:-,—�A. %,::'.�'1 :. # 1302 T 1880-, ` 188046001 #'1330 18804$ # 1`310 # 1340v._ 188046003 # 1288 ` .-,... -- --- - -- ---- " % 1.-188Of # 13E .; s } iti t ,� ,,X -: - 188119 % i 11`1880'70 W 1. v # 1,321 Z ', # 1335 18807 - J 1293 188072 f - 1. 1301 1. - '.. 188. r � P. #710 . - i r I - � 188074N. _, #695 1913, 5a _ t88 • 11 `J . 0 - ' Iga3- 3 - 19$ ' 'II. 1l = r , . Barnstable Assessing Search Results Page 1 of 3 Home: Departments:Assessors Division: Property Assessment Search Results New Search 1321 BUMPS RIVER ROAD Owner: 2006 Assessed Values: FOLEY-DUPUY, CATHLEEN TR Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $ 180,300 $ 180,300 188 /119/ Extra Features: $2,400 $2,400 Outbuildings: $0 $0 Mailing Address Land Value: $ 199,500 $ 199,500 FOLEY-DUPUY, CATHLEEN TR ' Totals $382,200 $382,200 1277 BUMPS RIVER RD CENTERVILLE, MA.02632 2006 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax , $53.40 , Fire District Rates Town Barnstable-Residential $1.90 $6.31 Barnstable-Commercial $2.51 Commei C.O.M.M. FD Tax(Residential) $405.13 C.O.M.M.-All Classes , . $1.06 $6.54 • Cotuit FD-All Classes $1.33 Personae Town Tax(Residential) $ 1,780.05 Hyannis-Residential $1.61 $6.49 Hyannis-Commercial $2.50 Other R; W Barnstable-Residential $1.60 Commur W Barnstable-Commercial $2.46 Total: $2,238.58 Construction Details Building Property Sketch Legend Building value $ 180,300 Interior Floors Carpet This property contains multiples Style Ranch Interior Walls Drywall ' Please use the navigation below the sketch to bro Model Residential Heat Fuel Oil Grade Average Minus Heat Type Hot Water Stories 1 Story AC Type None http://www.town.bamstable.ma.us/assessing/assess06/displayparce106.asp?Mappar=188119... 7/6/2006 ' Barnstable Assessing Search Results Page 2 of 3 Exterior Walls Wood Shingle Bedrooms 3YBedrooms Roof Structure Gable/Hip Bathrooms 1 Full Roof Cover Asph/F GIs/Cmp living area 1244 g 3y Replacement Cost $129887 Year Built 1941 r Depreciation 20 Total Rooms 6 Rooms ` k Land S CODE 1090 � p Lot Size(Acres) 0.73 Appraised Value $ 199,500 Current Building ID= 13285 details on t Additional Sketches i I?I Click Here for print version that displays all sN Assessed Value $ 199,500 Interactive Property Map: Map requires Plug in: _i I have visited the maps beforehtCYL, Show Me The Man r April 2001 photos available w Sales History: Owner: Sale Date Book/Page: Sale Price: FOLEY-DUPUY, CATHLEEN TR Jan 23 1997 12:OOAM C143388 $ 1 DUPUY, MATTHEW J& Mar 15 1994 12:o0AM C133139 $ 1 FOLEY-DUPUY, CATHLEEN Jul 15 1992 12:OOAM C127243 $ 1 DUPUY, MATHEW J& Apr 15 1992 12:OOAM C126300 $ 1. FOLEY-DUPUY, CATHLEEN TRS Mar 15 1988 12:OOAM C113811 $ 1 DUPUY, ROY L&KEINATH D& Dec 15 1985 12:OOAM C104764 $ 130,000 PREBLE, HENRIETTA M Sep 15 1982 12:OOAM C54139 $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL3 Fireplace 1 $2,400 $2,400 Property Sketch Legend BAS First Floor, Living Area FST Utility Area (Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story (Unfinished) . f . http://www.town.bamstable.ma.us/assessing/assessO6/displayparce106.asp?Mappar=l 8 8119... 7/6/2006 ' Barnstable Assessing Search Results Page 3 of 3 FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story (Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck ----------FOP—Open-or_Screened-in-P_orch___..TQS—T_hree_Quarters_Story_.(Finished)- 5 4 - a http://www.town.bamstable.ma.us/assessing/assess06/displayparce106.asp?Mappar=188119... 7/6/2006 .�M a ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW 25 MID-TECH DRIVE, SUITE C WEST YARMOUTH, MA 02673 (508' 775-3433 Telephone (508) 790-4778 Facsimile Edward J.Sweeney,Jr. Thomas P.Carpenter Michael B.Stusse Kelly S.Jason Donna M.Robertson Herbert F.Lach,Jr. Matthew J.Dupuy Tracey L.Taylor Charles M.Sabatt Charles J.Ardito P.C. PLEASE REFER TO FILE NO:2127D September 18, 2006 Certified Mail/Return Receipt Requested Town of Barnstable Clerk's Office 367 Main Street Hyannis, MA 02601 Re: 1321�Bumps River Road, Centerville;MA Map 188/Parcel 119 Dear Sir or Madam, Please find enclosed a copy of"Notice of Appeal: No Violation Exists" which has�been filed with the Barnstable District Court in accordance with instructions contained within: 1. "Notice of Violation' (copy enclosed) and; 2. Notice of zoning ordinance violation (copy enclosed). Very truly yours, T J. DUPUY,ESQ. JD/tlb Enc. cj r, ;g 11own of Barnstable 1legulatory Services oFtHe rO� Director Thomas F.Geile� Buildiw tWision * BARNSTABLE, * Tom Pt. ruilding Commissioner 9�A 639. � 200 Main Street, Hyannis,MA 02601 lED MAi A Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Holation(s) and Order to Cease, Desist and Abate: Matthew J.Dupuy and all persons having notice of this order. As owner/occupant of tht premises/structure located at 1321 Bumps River Rd,Centerville; Map 188 Parcel 119,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date, Sept. 13,2006 to: 1. CEASE AND DESIST IMMEDIATELY, all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Multifamily use in a single family zone (RD-1). Violation of Town of Barnstable Zoning Ordinances: Chapter 240-11 2. COMMENCE immediately,action to abate this violation. Vacate premises and convert to non- habitable space. SUMMARY OF ACTION TO ABATE: Obtain building permits to reconfigure accessory unit to non-habitable space including the complete elimination of the kitchen and capping all utilities in the wall. And,if aggrieved by this notice and order,to shc,.w-cau = s. _ otu be -equued toydo oby ' filin- p a WMe&fymmCle k ofBariistat��e;a once s g�a ereo �) flan 0 ads=o the receipt of this order.,(iaccozdancelChapterf40Aecto tiof� ,ems ch Gene a a If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as ' the law requires will be taken. order, Robin C. Giangregorio Zoning Enforcement Officer . F Q/FORMS/viozonel THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) Im ^ACC DATA ff n}E'pt I._ TOWN OF A f a xt-,I.:°lo.•r. t.� Lcq DRESS; QF END 6� _ BAR 709 BARNSTABLE CIT SATE,ZIP y Y, y V bC% „Ass g , r _ I ,, �. 6yq.'`0� �''.�I E Jy4.+i\, �4 14.+.ti'w,+ ;t� �,,.•�i;'`��•� !` it 'cn1AA�• its", rY;{Y i�td b" = a TIME AND DAJT6 OF,IpLAT10N C5 Ins O UJ I C ^) r NOTICE OF {�' � a G{ cATIo ogvlounoN (9 M./P.M. ON 0 t ff;; / ' J SIGN(f UqE OF ENFORCING PEfl$pN, I rt +20 V '� Y,.�Jr `.:' t y `+1f Af r f W VIOLATION r;._ ?)ii+1I" 'ItY ENFOflCINGDEPT. Y BADGE NO, 11 Q rr U2 OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X y - \ I� CD o+ ORDINANCE Unable to obtr si nature f offender. Date mailed ' ''e� � THE NONCRIMINAL FINE FOR THIS OFFENSE IS UJI OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION WITH NO RESULTING CRIMINAL RECORD. REGULATION DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL i (1)You may elect to pay the above fine,either by appearing in person between 8`.30 A M.and 4:00 P..M.,Monday through Friday legal holidays excepted, u 1 before:The Barnstable Clerk 200 Main Street,Hyannis,MA 02601,or byy mailing a check,money.order or postal note to Barnstable Clerk,P.O.Bo Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. Q I 11�2) x 2430, u CL BA If you desire I contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST y I (u o BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630.Attn:21 D Noncriminal Hearings and enclose a copy of this I '� z G citation for a hearing. x u (3)If you fail to Pay the above offense or to rgquest a hearing within 21 days,or if you fall to ear I P w L hearing to be due,criminal complaint may be Issued against you. appear for the hearing or to pay any fine determined at the i O ❑ I HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of$ I +j is t e i a � ' n X Q) jj r (`III'iJl lil, i kt A I ICI, # i r f TO OFFENDER: Failure to obey this notice within 21 days after the date of vioiation_maresult_in-"a— _ criminal complaint y-_being issued. DO NOT Stamp MAIL CASH. Here Post Office will not deliver . without-stamp O MAIL TO: . . BARNSTABLE CLERK P.O. BOX 2430 HYANNIS, MA 02601-2430 ir 5 iAfLE Town of Barnstable Growth Managenigli bye ar oitt S 367 Main Street,Hyannis,MA 02601 -Ruth J.Weil,Director Regulatory Review ?1 Thomas A.Broadrick,Director, 200 Main Street,Hyannis,MA 02601 Phone(508)862-4785 Fax(508)862-4725 October 27, 2006 Attorney Charles M. Sabatt Ardito, Sweeney, Stusse, Robertson & Dupuy 25 Mid-Tech Drive — Suite C West Yarmouth, MA 02673 RE: Appeal 2006-100— Cathleen Foley-Dupuy- 1321 Bumps River Road, Centerville, MA.— Map 188/Parcel 119 -Your letter dated October 20, 2006 • i Dear Mr. Sabatt, On September 19, 2006, the Town of Barnstable Clerk's Office received, by Certified Mail/Return Receipt Requested, a letter with attachments signed by Matthew J. Dupuy. The same paperwork was also submitted to the Building Division. The content of that letter with the attached notice, highlighted the offices in which it was filed, and the certification satisfying the requirements of an appeal of an administrative official under Chapter 40A Section 15 of the Massachusetts General Laws, More specifically,the September 13, 2006 Notice of Zoning Ordinances Violation and, Order to Cease, Desist and Abate. The reason for the appeal was cited as "No Violation Exists". Given the strict time frames imposed on those appeals and the fact the Office of the Zoning Board of Appeals has no extension, the appeal was scheduled, legally advertised, and noticed for a public hearing on November 15, 2006 at 8:15 PM. Given that public notice, this appeal can only be withdrawn by a request to the Zoning Board of Appeals. Respectfully, - ` Arthur P. Traczyk; Principal Planner Copy: ZBA File 2006-100 Gail Nightingale,Chairman—Zoning Board of Appeals Tom Perry,Building Commissioner Christine Palkoski,Regulatory Coordinator Linda Hutchenrider,Town Clerk Ruth J.Weil, Director-Growth Management Department Thomas A.Broadrick, Director-Regulatory Review y �. �FIME ley, Town of Barnstable Regulatory Services BMtNSTABMASS. Thomas F.Geiler,Director Mass. 9�A i639• ,eg �A —__--------_—Building_Division�.� _ Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 ' www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 April 19 2006 Ms. Cathleen Foley-Dupuy 1277 Bumps River Road Centerville,MA 02632 Re: Illegal apartment—1321 Bumps River Road Centerville, MA 02632 Map 188 Parcel 119 Dear Property Owner: Our records indicate that your house at the above-referenced location is currently being used as a multi-family home,which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in.a criminal record. e You must contact this office within 14 days to either: • 0. - • Apply for a building permit to restore the property to a one-family home Apply to the Amnesty Program • Prove that this is a legal multifamily home. Please contact this office immediately to tell us what direction you wish to take. C_ �(mnesty Program Zoning Officer Building Department gfonns:zoning3 - _.... . --- ------- Town of Barnstable Regulatory Services * BM tNSTMBLE, v MASS. Thomas F.Geiler,Director �A 039. Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4024 Fax: 508-790-6230 June 28, 2006 " Ms. Cathleen Foley-Dupuy 1277 Bumps River Road Centerville,MA 02632 RE: Illegal Apartment-1321 Bumps River Road Centerville, MA. 02632 Map : 188 Parcel: 119 Dear Property Owner, This letter is to inform you that you currently are in violation of Barnstable Zoning Ordinance 240-11. You must contact this office by July 28 , 2006 to arrange to bring the above address into compliance or be subject to fines of no more than$300.00 per day of non-compliance. Also no Business Certificate will be issued at this address. Thank you for your attention in this matter. By Order Linda son esty Zoning Enforcement Officer Building Department A , Q:zoning5 r ` ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW 25 MID-TECH DRIVE, SUITE C WEST YARMOUTH, MA 02673 508 775-3433Tel hone ^.�--;---- (508) 790-4778 Facsimile Edward J.Sweeney,Jr. Michael B.Stusse Donna M. Robertson Thomas P.Carpenter Matthew J.Dupuy Kelly S.Jason Charles M. Sabatt Herbert F. Lach,Jr. Tracey L.Taylor Charles J.Ardito P.C. Girard C.Brisbois PLEASE REFER TO FILE NO. July 6, 2006 ' Town of Barnstable , Attn: Linda Edson, Amnesty Zoning Enforcement Officer Regulatory Services Building Division 200 Main Street Hyannis, MA 02601 Dear Ms. Edson, As we have discussed, I have contacted the previous owner of the 2 parcels of real estate located at 1321 Bump Park Road, Centerville, MA. The two bedroom house on the western lot was present prior to 1948. It was substantially upgraded in the early 1950's. A title V septic system was installed, circa 1986/87, The Board of Health should have information regarding same. For your convenience I have enclosed a copy of the Massachusetts General Laws, Chapter 81 L, which governs the matter. Thank you for your assistance and please contact me if you have any questions,.. Sincerely tt w upuy y MJD/cw - enc. i I: �3 ---------._-_--.__OFFICERS-AND-EMPLO ;.. . ` Note 2 fi 2. Rules and regulations tions of planning board; and it is re quued { In adopting subdivision control law, legisla- planning board adopt rules and re yti 1 ' ture contemplated that planning board should Castle Estates, Inc.v. Park and Plan 9"g't insure compliance of subdivision plans not only Medfield(1962) 182 N.E.2d 540,344 Mass: 1 ! with zoning bylaws but with rules and regula- Zoning And Planning«381:5 § 81 L. Definitions ' In construing the subdivision control law, the following words shall have following meaning, unless a contrary intention clearly appears:— "Applicant" shall include an owner or his agent or representative, assigns. "Certified by [or endorsed by] a planning board", as 1 applied to a P an other instrument required or,authorized by the subdivision control law 6 recorded, shall mean, bearing a certification or endorsement signed by majority of the members of a planning board, or by its chairman or clerk or a other person authorized by it to certify or endorse its approval or other ac`7 and named in a written statement to the register of deeds and recorder of th " land court, signed by a majority of the board. ` "Drainage", shall mean the control of surface water within the tract of Ian" z t ° to be subdivided. _y• Lot" shall mean an area of land in one ownership, with definite bounda- s used, or available for use, as the site of one or more buildings. ' "Municipal service" shall mean public utilities furnished by the city or to t in which a subdivision is located, such as water, sewerage, gas and electrici r "Planning board" shall mean a planning board established under secd eighty-one A, or a board of selectmen acting as a planning board under sai ' section, or a board of survey in a city or town which has accepted th ' provisions of the subdivision control law as provided in section eighty-one Nor i ' f corresponding provisions of earlier laws, or has been established by special law with'powers of subdivision control. "Preliminary plan" shall mean a plan of a proposed subdivision or resubdlvi%, lion of land drawn on tracing paper, or a print thereof, showing (a' the subdivision name, boundaries, north point, date, scale, legend and title "Prelim„ inary Plan"; (b) the names of the record owner and the applicant and the name. of the designer, engineer or surveyor; (c) the names of all abutters, ads. determined from the most recent local tax list; (d) the existing and proposed' lines of streets, ways, easements and any public areas within the subdivision ' a general manner; (e) the proposed system of drainage, including adjacent, existing natural waterways, in a general manner; (f) the approximate boundary: - I� lines of.proposed lots, with approximate areas and dimensions; (g) the names .Y approximate location and widths of adjacent streets; (h) and the topography of the land in a general manner.s �- Recorded shall mean recorded in the registry of deeds of the county or district in which the land in question is situated, except that, as affecting registered land, it shall mean filed with the recorder of the land court: = A 226 1V h ', �aa r � Y� - - - - - -- ----------- ----------- 5 __ t, OFFICERS AND EMPLOYEES 41 § 81L � _'Register of deeds" shall mean the register of deeds of the county or district i, j In which the land in question, or the city or town in question, is situated, and, s shall include the recorder of the land court. when appropriate, :- Registered mail" shall mean registered or certified mail. "Registry of deeds" shall mean the registry of deeds'of the county or district lr:which the land in question is situated, and, when appropriate, shall include +' =the land court. R "Subdivision." shall mean the division of a tract of land into two or more lots aid shall include resubdivision, and, when appropriate to the context, shall r...elate to the process of subdivision or the land or territory subdivided; provid -Y: ed however, that the division of a tract of land into two or more lots shall not u II" e deemed to constitute a subdivision within the meaning of the subdivision control law if, at the time when it is made, every lot within the tract so divided h'as frontage on-(a) a public way or a way which the clerk of the city or town ; certifies is maintained and used as a public way, or (b) a way shown on a.plan .i theretofore approved and endorsed in accordance with the subdivision control law,;or(c) a way in existence when the subdivision control law became effective i k 1 the city or town in which the land lies, having, in the opinion of the planning oazd, sufficient width, suitable grades and adequate construction to provide E ` or,..the needs of vehicular traffic in relation to the proposed use of the land f a utting thereon or served thereby, and for the installation of municipal ervices to serve such land and the buildings erected or to be erected thereon. ' such frontage shall be of at least such distance as is then required by zoning or1 flier ordinance or by-law, if any, of said city or town for erection of a building n"such lot, and if no distance is so required, such frontage shall be of at least enty feet. Conveyances or other instruments adding to, taking away from, or angmg the size and shape of, lots in such a manner as not-to leave any lot so =ram ecte witho�ut,the fr.rota t_ abc�ue etfo . kliedi on of a Cato and g w ct�om e xb -d rigs w for . w tees b�x on c. 1 Y en to Pffert Ln lt �fov wla3c lie andlre yin o axe' flt� I IT Ma .vr."#'' o�rc r r-z� 1L Av t 7 lY4 t"PCttF "'.y �4 af� ch one o#�such' bwldgs M. skta«nding shsallnot�cortstitute a , 'Subdivision control" shall mean the power of regulating the subdivision of d`granted by the subdivision control law. a�; de,.:by St.1953, c. 674, § 7.: Amended by St.1955, c. 411, § 2; St.1956, c. 282; 1957;c. 138, § 1;-St.1957, c. 163; St.1958, c. 206, § 1; St.1961, c. 331; St.1963, c. B� St.1965,c. 61; St.1979, c. 534. i; Historical and Statutory Notes S 1979, c. 534, approved Aug. 20, 1979, in- G.L. c. 41, § 81K, as added by St.1947, c. t'<2 d the definition of Drainage. 340,§ 4. br Laws: C.41,§ 81F,as added by St.1936,c.211, 227 ;;;Rw , d vFti QFFICERS AND EMPLOYEES _ 41 § 81L h — "Register of deeds" shall mean the register of deeds of the county or district q dig' ii which the land in question, or the city or town in question, is situated, and, w$en appropriate, shall include the recorder of the land court. "Registered mail" shall mean registered or certified mail. aMi Registry of deeds" shall mean the registry of deeds of the county or district which the land in question is situated, and, when appropriate, shall includeG the land court. - Subdivision" shall mean the division of a tract of land into two or more lots and shall include resubdivision, and, when appropriate to the context shall <.:r � -- relate to the process of subdivision or the land or territory subdivided; provid- ed;:however, that the division of a tract of land into<two or more lots shall not e;deemed to constitute a subdivision within the meaning of the subdivision control law if, at the time when it is made, every lot within the tract so divided ias frontage on (a) a public way or a way which the clerk of the city or town rila certifies is maintained and used as a public way, or (b) a way shown on a plan �h eretofore approved and endorsed in accordance with the subdivision control I� or(c) a way in existence when the subdivision control law became effective , - Athe city or town in which the land lies, having, in the opinion of the planning I oard; sufficient width, suitable grades and adequate construction to provide or;the needs of vehicular traffic in relation to the proposed use of the land ;. utting thereon or served thereby, and for the installation of municipal �,,1 + ervices to serve such land and the buildings erected or to be erected thereon. Bch.frontage shall be of at least such distance as is then required by zoning or . 'er ordinance or by-law, if any, of said city or town for erection of a building J ysuch lot, and if no distance is so required, such frontage shall be of at least ty"feet. Conveyances or other instruments adding to, taking away from, or anging the size and shape of, lots in such a manner as not to leave any lot so 3 ectw�thctut,�th fx g.. vie eta®rth, .off e.dtvasao �oF trac �o 1`and �rnc �h onfsuc' UU ild3i: an in tYtpte a x- `Subdivision control" shall mean the power of regulating the subdivision of. d°granted by the subdivision control law. ed by St.1953, c. 674, § 7. Amended by St.1955, c. 411, § 2; St.1956, c. 282; 1 57, c. 138, § 1; St.1957, c. 163;,St.1958, c. 206, § 1; St.1961, c. 331; St.1963, c. 1;= Si.1965, c. 61; St.1979, c. 534. G' Historical and Statutory Notes t; ! 1�1979, c. 534, approved Aug. 20' 1979, in- G.L. c. 41, § 81K, as added by St.1947, c. "the definition of Drainage. 340,§ 4. Laws: c.41,§ 81F,as added b St.1936,c.211, 22( e , r _ a SE ROBERTSON & DUPUY, P•C• ARDITO, SWEENEY) STUS , ATTORNEYS AT LAW 25 MID-TECH DRIVE, SUITE C ' -MA-026 WEST YARMOUTH -7_ ___-__- 508) 775-3433 Telephone (508) 790-4.778 Facsimile Thomas P.Carpenter Kelly S.Jason Edward J.Sweeney,Jr. Herbert F.Lach,Jr. Michael B.Stusse Tracey L.Taylor Donna M.Robertson Matthew J.Dupuy Charles J.Ardito P.C. Charles M.Sabatt ; PLEASE REFER TO FILE NO.G2127D July 10, 2006 Town of Barnstable . Zoning Enforcement Officer Linda Edson, Amnesty Building Division 200 Main Street Hyannis,MA 02601 Re: 1321 Bumps River Road,Centerville,MA 02632 Dear Ms.Edson, \ I am in receipt of your letter of June 29,2006. Smith&I? understand it. Could you please arrange a meeting with Attorney Bob I do not u rly a co of the 1970 & 1971 Land Court Plans h been posy ble unlescus s Also,I am enclosingPyhavesthe Lot 11,now Lot 13) from the main house (Lot l plans)predated zoning. structure on locus (shown on the 1970 & Thank you for your assistance in this matter. �'ery truly y TTHEW J.DUPUY,ESQ.' JD/tlb Enc: cc: Robert Smith,Esq. SUBDIVISION PLAN OF LAND IN BARNSTABLE 150.87 Nelson Bearse-Richard Lau, Surveyors November 23, 1971 1mum i • o 8 6 0' L.C. P/on 15087 H I �I' Cerl. No, 21005 I CB _ N B° 42 40 E 1 / 99.2/ �i/ — 108.69 -- ' C.9 w Q o a� 10ko ) � 12 Q) 75.92 e I� 9° Ib /B 30 W C7 /O O 4- % h if, v m . Lq je )division of Lots_ 9 and 11 'wn on Plan 15087J " ^ --— Led with Cart. of Title No. 5481 - ;istrT District of Barnstabla County z �uiL Copy of ppa rt ofp/v In , r n LAND 1?EG/3T1?AT/01V OFFICE DEC.29,/9 j/ Scale of this plan 50 feet to an inch Record R.L.Woodbury Engineer 6r Court S11BDIVISION PLAN OF LAND 7N PARNSTABLE 105087 i Nelson Bearse-Richard Law, S`iarvoyors I Aurust 11 , 1970 Aupust 12, 1970 I c.s C.S. � 1 I ° 6 �" \ • C B tiN oa°I ; 4 .10CS " 0 J%5 76 1 I. 0 1^ I o rr Y.,� J. r w ,�fl X.rc17Yn, 5ui+MJR+ru /n '� vi I .. :.i .�j/y _may 1.�4 2..1 Y�/,a•yy'ISRAil:n.ha{'�1 :F'r.A: 4 �' � ` �y I � meiaFlm" Qz C, IN I 230./4 Q90y S 090 16' 30 r w n c.B 4u9uslo K Me�9,y I /9O0 0 vi 3 1 r)n f i,ots I3 rind 5 q nr. ► I 150'97A1 and 15nB711 �3 vil `. '.-rt . of Tif.] n Mos. 3J.lin rind P1005 - ;;r,• ,/ Ij', :,.!.rict of P.'nrnstrlhlo Collnt.y Ile certificates of title may be issued for land ,,;nR7'Jl hereonl ...... C_orr of' '7H of J.71 Court. . - i-�c�f�r✓� LAND REGISTf A r101V OFFICE. 1 Scale of this plan 50 feet to an inch all -••-•••••••••-' I�L.Woodbury, fngincerrvvr Court tN _Z..l�Il� Recorder; I Town of Barnstable Regulatory Services , BAENBTABLE. * Thomas F.Geiler,Director 9`bp,E639. tA`s� Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 April 19 2006 Ms. Cathleen Foley-Dupuy 1277 Bumps River Road Centerville,MA 02632 Re: Illegal apartment—1321 Bumps River Road Centerville, MA 02632 Map 188 Parcel 119 Dear Property Owner: Our records indicate that your house at the above-referenced location is currently being used as a multi-family home,which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: : • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty Program • Prove that this is a legal multi-family home. Please contact this office immediately to tell us what direction you wish to take. Sincerely, Linda Edson -Amnesty Program Zoning Officer Building Department . gfomis:zoning3 t i snxivsTnBLE, The Town of Barnstable MASS.- g ►6g9. Growth-Management- epar me - t plED MPy 367 Main Street,Hyannis,MA 02601 Office: 508-862-4678 Fax: 508-862-4782 July 11, 2006 Ardito, Sweeney, Stusse,Robertson&Dupuy,P.C. Attn: Matthey J. Dupuy,Esq. 25 Mid-Tech Drive, Suite C West Yarmouth,MA 02673 Re: 1321 Bumps River Road Dear Mr. Dupuy, I have reviewed the information provided by you to Ms. Edson in relation to the ation is inadequate to apartment at the above referenced property. Such inform definitively prove that you are permitted to use and maintain two independent dwelling units on the subject property, a three bedroom single family house and a two bedroom il the late 1980's the cottage was used as a cottage. Our records indicate that unt workshop. At this time,I am requesting that you prove to us, with documentation, that the . cottage on the property is a legal pre-existing nonconforming use. Your prompt attention to this matter will be appreciated. Sincerely, Christine M. Palkoski, Esq. Regulatory Coordinator cc: Linda Edson r . . ;1 Detail r � y Monday, A p p� rx, Detail Logged In As: Ca' rce Parcel Lookup ,. Parcel Info - - Devel -- opot'LOT 12 & Parcel ID.188-119 __. -•- -- -' Pri Frontage 210 Location.1321 BUMPS RIVER ROAD __. .. Sec Frontage Sec Road - Fire District,C O MM village.CENTERVILLE - __• .""" Road Index 0194 Sewer Acct. ---- �. Owner Info Co-Owner owner FOLEY DUPUY CATHLEEN T _. . Street2 2 Country ;US zip 0263 Streetl 1277 BUMPS RIVER RD State MA city CENTERVILLE I Land Info ` _� _ zoning b ., z ng RD1 Ngh d 010 .► .---- ... Acres'0.73 use;Multi Hses MDL 0 Road Paved h Level Topography, Location utilities ;Public Water,Gas,Sep a , _..._.,.....r.._ution Info .._. . Const _ . ...... wilding of 2 _.. --�,-___---- Ext e(HI ;,Wood Shing _.__. Roof;Gable/Hip wall : Year 1 Struct p 194 Built' _.,_. Roof P. . _ Cover As hIF GIsICm AC None Type Effect.1402 Area � � � Bea 3 Bedrooms ._.:.m. ...., 3 -- f�/VY Rooms - - style Ranch � wan D aIntll _ "-. - -- Bath 1 Full Int � t f Rooms Model ;ReSldentlal Floor Total Heat -- 6 Rooms Hot Water Rooms . 3e Grade':Average Minus Type -- Found T ical .,. Heat ation .Typical Stories 11 Story Fuel Building 2 of 2 4/24/2006 htt ://issgUintranet/propdata/ParcelDetail.aspx?ID=12839 p Parcel Detail Ext`Wood Shingle ---- -µ -- Roof GablelHip Wall Year u�t'1960 Struct _..- Roof i AC None hlF Glsl6m6 Effect .... - - Asp -Type Area 911 Cover .,__,, . .. 7B' Bea 2 Bedrooms Int Drywall Rooms Style Cottage Wall � � -. Bath ,1 Full , a Int r„ Rooms Model ReSldentlal Floor -_....,_.__.Heat .... Total Hot Water � � �� ��: Rooms Grade;Average Minus Type - ..: ..�., .w._..��.� Found Heat Stories 1 Story Fuel Oil � ation � . Permit History _ grasp Date Comments r - o Permit# Amount Issu�e e ®ate Purpose ___.__.._.. ..__..__._ _..._....__.. .__ Purpose visit History Who ®ate Paul Talbot MeaslEst 6/29/2001 12:00:00 AM ,._Sales History__- Book/Page Sale P Line _._Sale Date owner C143388 1 1 ale to FOLEY-DUPUY, CATHLEEN TR C133139 2 3/15/1994 DUPUY, MATTHEW & C127243 3 7l15/1992 FOLEY-DUPUY, CATHLEEN C126300 4/15/1992 DUPUY, MATHEW J & C113811 4 ; 5 3/15/1988 FOLEY-DUPUY, CATHLEEN TRS C104764 6 1 15119985 DUPUY, ROY L&KEINATH D & C54139 7 9/15/1982 PREBLE, HENRIETTA M _.-._ __,__ -Land Value Total Dare( Assessment History _ __.,_ _- oB Value XF value -,...�..... ... Save# Year Building value $0 $199,500 180,300 $2,400 $ 1 2006 $2,300 $0 $183,500 2 $2,300 2005 $165,700 $0 $183,500 ; 3 2004 $133,700 $0 $56,200 421,400 $2,300 $ 4 2003 $2,300 $0 $56,200 $121,400 $56,200 5 2002 $3,400 6 $3,600 $5,900 2001 $95,00.0 $6,300 $43,400 ; 7 2001 $78,900 $5 000 $43,400 ' $78,900 $3,600 ; 8 1999 $3600 $5,000 $43,400 , $78,900 $43,400 $83,200 $43,400 g 1998 $0 $0 1997 $0 10 $0 ; 11 1996 $83,200 $0 $0 $43,400 ,12 1995 $83,200 4/24/2006 . : /ParcelDetail.aspx?ID=12839 3 htt //iss l/inP q -tranet/propdata r Parcel Detail r ' $0 $p $54,700 $77,100 $54,700 t M 4 $093 $77,100 $0 $0 $60,800 92 $87,800 -� , —._..._.__ $0 $86,900$80,100 $091 $p $p $86,900 90 $80,100 $0 $86,900 $80,100 $089 $p $0 $43,10.0 88 $50,100 $d $43,100$50,100 $0987 $p $p $43,100 986 $50,100 ......Photos y t 4/24/2006 t http://issgl/intranet/propdata/ParcelDetail.aspx?ID=12839 Barnstable Assessing Search Results Page 1 of 3 r ra. F Home: Departments:Assessors Division: Property Assessment Search Results New Search `��`New Interactive Maps >> 2006 Assessed \ ®caner: Values: �� FOLEY-DUPUY,CATHLEEN TR 1321 BUMPS RIVER ROAD a Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $ 180,300 $ 180,300 188 /119/ Extra Features: $2,400 $2,400 ' Outbuildings: $0' $0 Mailing Address Land Value: $ 199,500 $ 199,500 FOLEY-DUPUY, CATHLEEN TR %DUPUY, MATHEW J& Totals.$382,200 $382,200 FOLEY-DUPUY,CATHLEEN CENTERVILLE;MA.02632 2006 REAL ESTATE Tax Information: - Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $53.40 Fire District Rates Town Barnstable-Residential $1.90 $6.31 Barnstable-Commercial $2.51 Comme C.O.M.M. FD Tax(Residential) $405.13 C.O.M.M.-All Classes $1.06 $6.54 Cotuit FD-All Classes $1.33, Persona Town Tax(Residential) $ 1,780.05 Hyannis-Residential $1.61 $6.49, ' Hyannis-Commercial $2.50 Other R; W Barnstable-Residential $1.60 Commur W Barnstable-Commercial $2.46 Total: $2,238.58 Construction Details Building Property Sketch Legend Building value $ 180,300 Interior Floors Carpet This property contains multiple s Style Ranch Interior Walls Drywall Please use the navigation below the sketch to bro- Model Residential Heat Fuel Oil Grade Average Minus Heat Type Hot Water Stories 1 Story AC Type None Barnstable Assessing Search Results Page 2 of 3 Exterior Walls Wood Shingle Bedrooms 3 Bedrooms Roof Structure Gable/Hip Bathrooms 1 Full Roof Cover Asph/F GIs/Cmp living area 1244- Replacement Cost $129887 Year Built 1941 a 3 a Depreciation 20 Total Rooms 6 Rooms r S W`RNA vxa a [ Land CODE 1090 Fpp Lot Size(Acres) 0.73 4 Appraised Value $ 199,500 Additional Sketches 1 ?1 Click Here for print version that displays all ske Assessed Value $ 199,500 a mot, _,"View Interactive Maps > , F � Sales History: Owner: Sale.Date Book/Page: Sale Price: FOLEY-DUPUY, CATHLEEN TR Jan 23 1997.12:OOAM C143388 $ 1 DUPUY, MATTHEW J& Mar 15 1994 12:OOAM C133139 $ 1 FOLEY-DUPUY, CATHLEEN Jul 15 1992 12:OOAM C127243 $ 1 DUPUY, MATHEW J& Apr 15 1992 12:OOAM C126300 $ 1 FOLEY-DUPUY,.CATHLEEN TRS Mar 15 1988 12:OOAM C113811 $ 1 DUPUY, ROY L&KEINATH D& Dec 15 1985 12:OOAM C104764 $ 130,000 PREBLE, HENRIETTA M Sep 15 1982 12:OOAM C54139 $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL3 Fireplace 1, $2,400 . $2,400 Property Sketch .f -Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) FUS Second Story Living Area UST. Utility Area(Unfinished) CAN Canopy (Finished) Three Quarters Story FAT Attic Area(Finished). GAR Garage UTQ (Unfinished) r FCP Carport GRN Greenhouse UUA Unfinished,Utility Attic Full Upper 2nd Story - � �t�m q n QM 1288 k Mill FM 2�-3 '� R�x Q �¢ ar-'.. ��� ,,te�aa _¢� ,� � �:a-' Y� ry2 •r '� ,�: ?1178 Ulu, G t ., 07-3 Spa ,K•• § a ' Sys x s '?�' ',r.. "xl �� " Date: December 5, 2006 To: Building File From: R. Giangregorio Re: 1321 Bumps River Rd, Centerville Owner: Dupuy M&P: 188-119 Zoning: RD-1 Overlay: AP • Complaint received about an illegal apartment in a separate structure. (Spring 06). • Researched revealed a 1973 ZBA decision. a • Appeal 1973-50 filed on behalf of Harry &Henrietta Preble sought to change an existing nonconforming use identified as a workshop to a real estate office. • The Board found the nonconforming use was abandoned and denied the appeal on August 20, 1973. • No other form of relief was granted. • Amnesty letter sent to owner by LE on 5/11/06 Date: September 13, 2006 To: Building File _ From: _ R. Giangregono- Re: Violation of Zoning Code Chapter 240 Section 13 Owner: Mathew J Dupuy& Cathleen Foley-Dupuy M&P: 188-119 - 1321 Bumps River Rd, Centerville Zoning: RD-1/AP Received complaint about an illegal apartment in separate structure. A review of the file shows: A 1973 appeal for a special permit to change from one nc use(workshop) to another(RE office). The Board found the preexisting nonconforming use to be abandoned. Appeal 1973-50 was denied. , S The following plans were submitted by Atty Dupuy in defense of his claim: 1930 plan 3 lots A,1B &Mary Grabs 1957 plan 7,6,5 &B 1970 plan 9,10,11,12 1971 plan 14,13,12,10 7/6/06 Claims structure predates zoning and subsequently'focuses on subdivision rules ®s. 8/30/06 LE advised this property was subject of a meeting and I was asked to issue a citation. BC asked me to hold off. The file contains the follwong correspondence: 4/19/06 Amnesty letter to C Foley-Dupuy 5/11/06 Letter to LE from M Dupuy m _ 6/28/06 Letter to C from LE 7/6/06 Letter to LE from M Dupuy 7/10/06 Letter to LE from M Dupuy 7/11/06 Letter to M Dupuy from CP , After reviewing the file, it is my position that the use of the structure is subject matter not the structure itself. It is clear that originally the intended use of the subject structure was a workshop. It is also apparent that the conversion of the workshop to a dwelling unit occurred without permits or zoning relief. Consequently, there is no valid claim to nonconforming rights here. Must discontinue un-permitted use of second dwelling unit. 9/13/06 Issued citation& cease &desist letter to M Dupuy. 200 Main Street I Hyannis, Ma 02601 Matthew J Dupuy 1277 Bumps River Road Centerville, MA 02632 J • .. -. _ , i • ail 4 •• ----- — - OF O f N ER BAR 72609 II TOWN OF ADORES OF OF ENO , . I BARNSTABLE D STATE. I CODE. 1 �1ME MV/MB REGISTRATION NUMBER OF F E E IIAN IA.A I.F:.g! 1 t t �^ Ut 10^ O, LJ I 1670••�� O W TIME AND RATE OF VIOLATI LOCATION OF VIOLATION Z NOTICE OF O: A.M /P.M.)ON I 20 0 b 1 Pl'J i a I TU E OF ENFOR G E 0 a ENFORCING DEPT. B E NO. N VIOLATION OF TOWN f- - I H BY ACKNOWLEDGE REC IPT CITATION X a ORDINANCE Eirunabie to Dbta�'jn signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS 'S Q. Q w Date mailed -1-13�0�' LU OR 'YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)'WILL OPERATE AS A FINAL CL 1 . DISPOSITION WITH NO.RESULTING CRIMINAL RECORD. N ; REGULATION 1 You ma elect to a the.above fine,either b a earing in erson'between&30 A.M.and 4:00 P.M.,Moniiay lhrou h Frida le al holida s exceppfed, Q I before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money.order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. 2)if you desire to contest this matter In a noncriminal proceedingg yyoou mayy do so try making written reqquest t0 DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 0263Q,Attn:21D Noncriminal Hearings and enclose a copy of this ' citation for a hearing. . 3 If you fail to a the above offense or to request a hearing within 21 days,or If you fail to appear for the hearing or to an fine determined at the O Y pay Q 9 Y Y PP 9 P8Y Y ' hearing to be due,criminal complaint may be Issued against you. I�1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$— e;nnal,vn • Town of Barnstable .Regulatory Services �pFINE TO�y Thomas F.Geiler,Director Building Division sAxivsrAsi.E Tom Perry,Building Commissioner Y MASS. $' i6gq. �m 200 Main Street, Hyannis,MA 02601 prED MA'S A - Office: 508-862-4038 -Fax: 508-790-6230 Notice of Zoning Ordinances Violations) and Order to Cease, Desist and . Abate: r Matthew J.DWuv and all persons having notice of this order. As owner/occupant of the premises/structure located at 1321 Bumps River Rd,Centerville;Map 188 Parcel 119,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date, Sept. 13,2006 to: 1. CEASE AND DESIST EAMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Multifamily use in a single family zone (RD-1). Violation of Town of Barnstable Zoning Ordinances: Chapter 240-11 2. COMMENCE immediately,action to abate this violation. Vacate premises and convert to non-- { habitable space. r SUMMARY OF ACTION TO ABATE: Obtain building permits to reconfigure accessory unit to non-habitable space including the complete elimination of the kitchen and capping all utilities in the wall. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,b filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken.' order, Robin C.Giangregorio Zoning Enforcement Officer Q/FORMS/viozonel _. i F Town of Barnstable Building Dept. ` 200 Main Street Hyannis, Ma 02601 Matthew J Dupuy 1277 Bumps River Road Centerville, MA 02632 I BAR ? 2609 -----ti--------- --.. ._- OF 0 F N ER 'I TOWN OF ADORE S OF OF END ; MV/MB REGISTRATION NUMBER. - its t1iv�A '0'1 a OFFE E of C6, � 1 ` � J - { IIAN�b-rAal.k.q W nuss. LOCA W 1679• �� - . T ION OF VIOL TION. i t J TIME AND TE OF VIOLATI O/� 1 W .M NOTICE OF ®, fo A I P.M.)ON ' ' 20 Y/ ENFORCING DEPT. BA E N0. o , I TU E OF ENFOR G E 0 • P VIOLATION a OF TOWN I HEREBY ACKNOWLEDGE REC PT CITATION X ®' I Unable to obta n signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS 'S d• dZ� w f ORDINANCE _13-01p W i Date mailed N OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FIN DISPOSITION WITH NO RESULTING CRIMINAL RECORD. Mond:rid yy pp 1 You may elect to pay the.above fine,either by appearing I peerso�'between be wee ne:3a0 he k money0order or postnote to Barnstyable Clerk�dP.Os Boxe2a30, REGULATIONbefore:The Barnstable Clerk,200 Main Street,Hyannis,MA yy g 1 Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (()) P gg yyou mayy do so by making written request to DISTRICT COURT DEPARTMENT,FIRST B2ARNSTABLE DIV SIONt thisou des re 0 COUmatterRT COMPOUND,MAINroceeSTRd,BARNSTABLE,U 02630,Attn:21D no Ina Hearings and on doae a copy of this I . y or to pay any fine determined at the citation for a hearing. at a hearing within 21 days,or if you fall to appear for the he (3)If you fall to pay the above offense or to reque hearing to be due,criminal complaint may be Issued against you. •.e t of$ ..nfagg to the offense charged,and enclose payment In the amoun SUBDIVISION PLAN OF- LAND IN BARNSTABLE 15087. Nelson Bears*-Richard Law, Surveyors November 23, 1971 Z Ca - � —--------. _ C.B. 6 a ,O� t.C. Pion l5087N Cerl. No.Z1005 � t C.a N B' 4P• 40" r t :y :3 Q S MHO lb 14 /3 " o . m t S ., o 000 y1/001 c.B ct �441e Subdivision of Lots 9 and 11 Shown on Plan 25087J Filed with Cart, of Title No. 5481 Registry District of Barnstable County Separate certif/cafe of1.it/e me he issued for land shown bermas_!4 f. R/tdJ_4y--- ------------- Copy ofl art oJ'p.4ft By the Court. 1 in LAND REGISTRATION 0MCC DEC.29/91/ - Stakoftbls n5�j Wtoan&mh ----- .2C Z�il9l R---- ecor L.Woa y, ybner f5r(hurt 77 S1IRDIVISION PLAN OP LAND TN PARNSTABLR 1508 .;,;: 9. Nolson Penrse-Richard Lox, Sisrvoyors ' , A-crust 11, 1970 ; Au"st 12, 1970 ce. c.e. 6 � q G.B. N 'Oso 4?, 40' ! Q � ti 5012, r� ty r+ O , .01007 , s o90 25/.9P 9 �,o le sd w i vj ����` c,�\s,,, � off• 230./4 �qy ¢9oq S 09° /B do w �8 a, CB 4vivs/o K Mei�s '0000 i1'rare f [Separate ivlsior, of Tots R1ond 5 own nr: rl,'ns 3.50`i7A and 150.171i of Tttlr; Nos. 3110) rind 21005 of Burnst,rihlo Corint.y cerlilcates of tille may be issued for land O0R7herein as.Lols..9..lbtic-LZ----------- ------ or Courl. LAND REGISTRATION OPfICE` �, - Sete of this an✓0 feet to en inch 91� %WrdeerRL.Wood y,En9b+eerfurCourtiG rl •Ngy,i '�a' i:1'•h'{.'dj 'p .41 SUBDIVISION PLAN OF LAND IN BARNSTABLE Nelson Bearee� ;"..rnl?" ! 81ohard Law, Surveyors • September 50 1959 , • •. `'� 0 N Garr Lj b ' N JS�11'40" E C.B. b �p 1\0 co e , 0 U� G 0 0 o aZ N � 0 0 N o0 3g�,e+ 5 SubdSvisIon of Lot A Shoran on Plan 15087.4 - Piled with Cert. of Title No. 3140 Registry District of Barnstable County Separate certihcates of title may be issued for land shown hereon as Lro is_z,ra _7____ --__--- --- Copy of i;of plan ' By the court. ' LAND REG/S R Wff MIME r 1508TA . ' PLAN OF LAND IN BARNSTABLE Nelson Bearse Surveyor AUGUST 1930 Mary A..Grube 5. 35'!f'40'W. --oposl. 123.75 �� E o h" au �, B. - 15a , Oil ----- ---------- Copy of rt of'pJen N. 40 36_30=E• - u - tt kfa M' SAND REGISTRATION OFFICE FC&29.1932. Anse! L�Bearse Scale of this plan 60 fed top inch Ca 114"pbrey. lEir Court j �.Z b 7IZ: BARN6fA M a - MAS 1 'e�Eo rAn+A Town of Barnstable Zoning Board of Appeals Decision and Notice Cathleen Foley-Dupuy Appeal No. 2006-100 —Appeal of the Building Commissioner Upheld-Cease and,Desist Order issued September 13, 2006 for violation of Chapter 240-11 of the Town of Barnstable Zoning Ordinance for the multi-family use of property zoned only for single-family use. Summary: Upheld Building Commissioner Appellant: Cathleen Foley-Dupuy Property Address: 1321 Bumps River Road,Centerville,,MA Assessor's Map/Parcel Map 188, Parcel 119 Zoning: RD-1 Zoning District Relief Requested and Background: The property is located at 1321 Bumps River Road, Centerville, MA in a Residence D-1 Zoning District. According to the Assessor's record the main house has a gross floor area of 1,244 sq. ft. An accessory building commonly referred to as a 'cottage' has a gross floor area of 82.0 sq. ft., and apparently contains two bedrooms and one bathroom. The record also indicates the main house was built in 1941 and the cottage originally built some time around 1960. The present owner/trustee of the property, Cathleen Foley-Dupuy, has been in possession of the property since 1988, but the property has been in the Dupuy family since 1985. The owner resides at 1277 Bumps River Road, Centerville, some three dwellings removed from the subject property. All indications are that the main house and cottage are separately rented.. The subject property is located in the Residence D-1 Zoning District. The Zoning Ordinance of the Town of Barnstable, Section 240-11.A, allows only a "single-family residential dwelling (detached)" as a principal permitted use in the Residence D-1 District. Section 240-7.A cites that "No building shall be erected or altered and no building or premises shall be used for any purpose except in conformity with all of the regulations herein specified for the district in which it is located." Section 240-7.F(1) further states that; "within residential districts, only one principal permitted building shall be located on a single lot." Zoning in the Town of Barnstable dates back to 1929. This area of the town was zoned to Residence A by Article 68 adopted Mar"ch 6,',1950. That district permitted only single-family dwellings as-of-right and required a minimum lot area of 7,500 sq.ft. and 75 feet of lot width. In 1956 it was rezoned to Residence B-1 by Article 42 (Comprehensive New Zoning) adopted March 6, 1956. That district . permitted only one single-family dwelling as-of-right on lots having a minimum area of 10,000 sq'.ft., and 100 feet wide. In 1958 it was rezoned Residence D-1 by Article 49 which was adopted March 4, 1958. That district permitted only one single-family dwelling as-of-right on lots having a minimum area of 20,000 sq.ft.and 125 feet wide. In 1985, Article 1, adopted February 28, 1985, increased the minimum lot area to one acre (43,560 sq.ft.). In 2000, the Resource Protection Overlay District was imposed in this area of the town increasing the.minimum lot area for all new lots to 2'acres (87,120 sq.ft.). ° Town of Barnstable-Zoning Board of Appeals 2 Decision and Notice-Appeal No.2006-100 Cathleen Foley-Dupuy—Upheld Building Commissioner Based upon the Land Court Plans filed,the creation of the lots and building upon those lots were subject to local zoning regulations as applicable for the respective time. Land Court Plan 15087-K created Lot No. 13 as shown on that plan in 1971. The lot area includes the current subject's. "cottage" structure. That division is based upon an Approval Not Required (ANR) plan submitted by the then property owners, Harold Renzi and Elaine S. Renzi. That ANR Plan and the accompanying application to the Planning Board states that Lot No. 13 is to be transferred to the adjoining Lot No. 12. On March 23, 1972, Lot No. 13 was transferred from the Renzis to Harry Preble and Henrietta M. Preble, the owners at the time, of adjoining Lot 12 by Certificate No. 157657. That certificate also states that "This lot [Lot 13 on Land Court Plan 15087-K] is intended to be added to and to increase the size of the remaining land of the Grantees [the Prebles] shown as Lot 12 on Land Court Plan 15087)." In 1973, the'Prebles petitioned the Zoning Board of Appeals for a special permit to change the nonconforming use of the subject 'cottage'-then purported to be a workshop—to a real estate office . In that petition, the Zoning Board at that time found that "no substantial evidence that this nonconforming use did exist" and that if it did, "fact would indicate that the nonconforming use was forfeited since a three year period [of not being used] had elapsed" and, it would constitute abandonment of the nonconforming use under zoning. The Zoning Board denied this request for a special permit. The property (Lots 13 and 12 combined) was transferred from the Prebles to Roy L. Dupuy and Keinath D. Dupuy in 1985. Then, in 1986, Mr. Dupuy applied for and secured an on-site septic disposal permit from the Board of Health. That disposal permit was requested and issued to install a "bathroom for garage-shop" and was designed upon a daily flow of 45 gallons (Permit No. 86-567). On April 19, 2006, Ms. Linda Edson, of the Building Division cited the use of the property with the second unit as being an illegal use. On May. 11, 2006, Mr. Dupuy responded to Ms Edson's letter reporting that the use of the second dwelling is legal and that the building is on a separate lot. On June 28, 2006, Ms. Edson again cited the Dupuy's for the violation of Zoning noting that the property must be brought into compliance with zoning or it would be subject to a fine of up to $300 per day. On July 6, 2006, Mr. Dupuy responded to her June letter stating that the•subject structure predates 1948. Also, on July 1,0, 2006, Mr. Dupuy corresponded to the Town Attorney, Robert Smith, seeking to discuss these issues with him. On July 11, 2006, Attorney Christine M. Palkoski, Regulatory Coordinator for the Growth Management Department of the Town of Barnstable responded to Mr. Dupuy requesting of him documentation of the legally created, pre-existing nonconformity use of the subject cottage. On July 31, 2006, Mr. Dupuy responded to Ms. Palkoski citing that he was in the process of securing the information requested. On September 13, 2006; the Building Division issued the Notice of a Zoning Violation and Order to Cease, Desist and Abate for the use of the accessory building as a residence. This is the order being appealed to the Board. 7 . Town of Barnstable-Zoning Board of Appeals 3 Q Decision and Notice-Appeal No.2006-100 Cathleen Foley-Dupuy—Upheld Building Commissioner Procedural & Hearing Summary: This appeal was filed by certified mail at the Town Clerk's office and the Building Division office on September 19, 2006. A copy of which was forwarded from the Town Clerk to the Zoning Board of Appeals office on September 29, 2006. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on November 15'. 2006, and continued to February 28, 2007, at the request of the appellant. An extension of time for filing of the decision was executed by the appellant's representative and the Board Chairman. At the February 281h hearing, the Board found to uphold the Notice and Order issued to the appellant by the Building Commissioner for property addressed 1321 Bumps River Road, Centerville MA. Board Members deciding this appeal were: Daniel M. Creedon, Ron S.Jansson, Randolph Childs, James R. Hatfield, and Chairman -Gail C. Nightingale. Attorney Charles M. Sabatt represented the appellant during the public hearing. Also present was Matthew J. Dupuy. Mr. Sabatt gave a brief history of the issue and land division and development. He noted that in addition to the Notice of Zoning Violation�and Order to Cease and Desist issued on September 13, 2006, the Town also issued a noncriminal citation with a fine of$300.00. That noncrimial citation was appealed to Barnstable District Court and on December 8, 2006, afterberk Magistrate- Robert E. Powers who heard the evidence that each building was located on its own lot dismissed the citation. Mr. Sabatt acknowledged that, although the citation was dismissed, the notice of a zoning violation and Building Commissioner's order is still outstanding. Mr. Sabatt stated that based upon the Clerk Magistrate's actions, the Zoning Board should follow suit and overrule the Building Commissioner's order. Mr. Sabatt presented the 1971 Land Court Plan 15087-K stating that the plan was based upon an Approval Not Required (ANR) Plan endorsed by the Planning Board'of the Town. He also stated that because this plan created Lot 13 as an independent lot with the structure located on it, it is a separately created independent lot. Also, as that structure is now being used as a single family dwelling, it is in full conformity with zoning. The Board noted the subject lot, when'created, did not conform to zoning as it was only approximately 6,750 sq.ft. whereas zoning for this area-in 1971 required 20,000 sq.ft. It was also noted that the lot had no frontage on a designated way. The Board cited that in case law, Norwell Arch vs Norwell Zoning Board of Appeals (12 LCR 208; 204 Mass),the Planning Board endorsement of ANR plans does not confer conformance with zoning nor do they imply any zoning relief. - Mr. Sabatt acknowledged that he was aware of the case. The Board reviewed a copy of the 1971 Approval Not Required Plan and the accompanying application submitted to the Planning Board. It was noted.both the plan and application cited that "Lot 13, was to be transferred to neighboring owners of Lot 12 and it was not to be considered a separate independent lot." The Board also cited that, indeed, in March of 1972; Lot No. 13 was transferred from the Renzis to the Prebles who were the owners of the abutting Lot 12. Land Court Certificate No. 157657 that transferred the ownership - of Lot 13 specifically reads that Lot 13 "is intended to be added to and increase the size of the remaining land'of the Grantees [who are the Prebles] shown as Lot 12 on Land Court Plan 15087-J" The Board questioned the use of the structure on that area shown as Lot 13 on the Land Court Plan. Mr. Sabatt stated that he did not know the exact use of the building. The Board noted that in 1973 the then owners, the Prebles; sought a special permit from the Zoning Board attempting to convert the use of the building to that of areal estate office. The Board at that time-found that there was no substantial ° Town of Barnstable-Zoning Board of Appeals 4 Decision and Notice-Appeal No.2006-100 Cathleen Foley-Dupuy—Upheld Building Commissioner evidence that a nonconforming use existed and, in fact, went so far as to cite that if there had been any nonconforming use of the building that the nonconforming use was forfeited due to non-use of the building. The Board read from the 1973 decision which rendered. "Mr. Renzi; the former owner of the property started to work for the Barnstable school department on January 5, 1970.. This fact would indicate the nonconforming use was forfeited since a three-year period had elapsed." The Board questioned Mr. Sabatt as to when the use of the building as a residence occurred. After conferencing with Mr. Dupuy, Mr. Sabatt stated the Dupuy family purchased the property in 1985 and it was between 1985, and about 1988, that interior improvements were made.,Mr. Sabatt posed that the improvements all conformed to zoning and building at that time as the Town's Board of Health issued a septic disposal.permit in 1986 to install the septic system for the building. The Board asked about a building permit. Mr. Sabatt stated that no building permits were needed as the work was all interior. The Board reviewed the1986 septic permit noting that it was issued for a "bathroom for garage-shop", not for a separate residence. The Board also stated that at that time building permits would have been required to improve the interior space as habitable area. Public comment was requested. Chairman Nightingale noted two letters in oppositiyon had been submitted to the file from: George E. Genlot of 1288 Bumps River Road and Sandra Storm of 23 Kalmia Way. Mr. Sabatt refuted the letters as it appears the objections are made with an assumption that the main dwelling is going to be converted into two units. Mr. Sabatt stated this is not the case. Findings of Fact: At the hearing of February 28, 2007, the Board,unanimously made the following findings of fact: 1. Appeal No. 2006-100 is an appeal of the Building Commissioner's Cease and Desist.Order issued September 13, 2006 for violation of Chapter 240-11 of the Town of Barnstable Zoning, Ordinance. The appellant is Cathleen Foley-Dupuy. The property is located at 1321 Bumps River Road, in Centerville, MA. It is in a Residence D-1 Zoning District. The subject parcel is shown on Assessor's Map 188 as parcel 119. It is a 0.13 acre lot. 2. The Assessor's record indicates that the cottage, that is the subject of this appeal, was originally built some time around 1960. It is a 820 sq. ft. building. The main house dates to 1941 and it is a 1,244 sq. ft. building. 3. Up until 1971, the subject land area was shown as a part of Parcel 11 on'Land Court Plan 15087 J. At that time Lot 11 was owned by Harold Renzi and Elaine S. Renzi." Parcel 12,on that Land Court Plan was owned by Harry Preble and Henrietta M. Preble. In 1971, the. Renzis applied to the Planning Board for endorsement of an Approval Not Required Plan to divide their lot, Lot 11. The reason cited for the division was to transfer a.portion of Lot 11 to abutting property owned by the Prebles. The Renzis ANR plan eventually became Land Court Plan 15087-K. In that plan former Lots 9 and 11 become one lot, Lot 14, with frontage on Bay Lane. In turn, that plan also segmented part of the former Lot.11 into Lot 13. Lot 13 did not' conform to the zoning,minimum to be an independent lot.nor did it have frontage on a way. As noted on the ANR plan and abutting Lot 13 was to be united with abutting lands. That being Lot 12 shown on that Land Court Plan. _ • l Town of Barnstable-Zoning Board of Appeals 5 Decision and Notice-Appeal No.2006-100 Cathleen.Foley-Dupuy—Upheld Building Commissioner 4. At the time of the ANR/Land Court Plan 15087-K; Lot 12, the Preble's lot, was improved with the main house and Lot 13 had on it a smaller building that by all accounts was a woodworking shop and not an independent'residence. Upon the transference of Lot 13 to the owners of Lot 12 (the Prebles), the smaller'bui[ding could only become accessory.to the main residence already located on the lot. As documented in Certificate No.' 157657, the deed transferring Lot 13 to the Prebles from the Renzis, Lot 13 is intended to be added to and to increase the size of Lot 12. The intent being; that Lot 13 and 12 were to be merged and used in combination as one lot. Sometime in 1985, Lots 12 and 13 as shown on Land Court Plan 15087-K were transferred to the appellant as a tenant in common. 5. Testimony has been made to the Board and documentation is contained in the Zoning Board files that sometime in the past, the building on that land area that is Lot 13 had been used for a workshop. However, in that 1973. application of the Prebles to the Board for a special permit, it was determined that the workshop building was vacant. Also, in that decision, it was determined that the building had not been used for a period of three years and that the non- use of the structure would have led to the abandonment of the nonconforming use if one had ever occurred in the structure. 6. Use of the two buildings on this property as individual residences constitute multi-family use of the property and is in violation of zoning as the division of Lot 13 as shown on Land Court Plan 15087-K did not create an independent residential lot. Decision: Based on the findings of fact, a motion was duly made and seconded to uphold the September 13, 2006 Notice of Zoning Violation and Order to Cease, Desist and Abate issued by the Building Division. The vote was as follows: AYE: Daniel M. Creedon , Ron S.Jansson, Randolph Childs,James R. Hatfield, and Gail'C.. Nightingale NAY: None Ordered: Appeal 2006-100 has upheld the September 13, 2006 Order of the Building Division. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days' after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. Gail C. Nightingale'-Chairman Date Signed I, Linda Hutchenrider, Clerk of the Town.of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed,since the Zoning,Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider-Town Clerk pr (Space Above This Line For Recording Datal MORTGAGE THIS MORTGAGE:("Security Instrument")is given on MARCH 8, 1994 The mortgagor is MATTHEW a. DUPUY and CATHLEEN FOLEY—DUPUY THE CAPE COD FIVE CENTS SAVINGS BANK ("Borrower"). This Security Instrument is given to which is organized and existing under the laws of Massachusetts ,and whose address is P.O. Box 10 — 19 West Road, Orleans, MA 02653 SEVENTY THOUSAND . ( Lender"). Borrower awes I.ender the principal sum of Dollars(U.S.$ 70,000 .00 }. This debt is evidenced by Borrowers note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full ctebt, if not paid earlier, due and payable on April 1, 2009 . This Sectirily Instrument secures to I..ender: (a) the repayment of the debt evidenced by the Note, with interest,and all renewals,extensions and modifications of the Note; (b)the payment of all other sums,with interest,advanced under paragraph 7 to protect the security of this Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage,grant and convey to I.ender,wilh power of sale,the following described property located in the Town of Barnstable (Centerville) , Barnstable County,Massachusetts: being LOT 12 on Land Court Plan 15087-J and LOT 13 on Land Court Plan 15087-K filed with the Land Registration Office at Boston, a copy of which is filed with the Barnstable County Registry of Deeds. The above-described premises are conveyed subject to and with the benefit of all rights, rights of way, easements, appurtenances, reser- vations and restrictions of record and especially as set forth in Certificate of Title /`'�,j /_-��� to which reference may be had for title, � which has the address of 1321 Bumps River Road� Centerville (5treell ICilyl Massachusetts 02632 ("Property Address"); lZip C•odel MASSACHUSFTTS--Single Family-•Fannie MaelF'reddie Mac UNIFORM INSTRUMENT Form W22 9/90 (page](lbpages) ITEM 19W 19012) t/�''✓3' 1 ��! �/ I � /u � /" D�/ � vy� � lr 0� ! f J "� /SD ORMB i OMPNJCS,INC.tli0!)046-21/3 . .- i, a TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Properly." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by lender,Borrower shall pay to Lender on the day monthly payments are due under the Note,until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b)yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8,in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 el seq.("RESPA"),unless another law that applies to the Funds sets a lesser amount. If so,Lender may,at any time,collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Gender,if Lender is such an institution)or in any Federal Home Loan Bank. lender shall apply the Funds to pay the Escrow Items, lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan,unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing,however,that interest shall be paid on the Funds. Lender shall give to Borrower, without charge,an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. if the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments,at Lenders sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender,prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by lender under paragraphs 1 and 2 shall be applied: first,to any prepayment charges due under the Note; second,to amounts payable under paragraph 2;third,to interest due;fourth,to principal due;and last,to any laic charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Properly which may attain priority over this Security Instrument,and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2,or if not paid in that manner,Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of li►e lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Properly is subject to a lien which may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one.or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term "extended coverage"and any other hazards,including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the Form 3Q22 9ft (page 2 of 6 pages) nt . CTF;i DAN-61 H13'LF Lt IND COURT REGISTRY QUITCLAIM DEED a We, MATTHEW J. DUPUY AND CATHLEEN FOLEY-DUPUY, of 1277 Bumps m River Road, Centerville, MA 02632 for consideration paid in the N O amount of One Dollar ($1.00) hereby grant to Cathleen Foley-Dupuy, 0 TRUSTEE of L.T. REALTY TRUST under a Declaration of Trust dated April 15, 1987 filed as Document 454,467 with the Barnstable Registry District of the Land Court, with c U QUITCLAIM COVENANTS 0 the land, with the buildings thereon, known and numbered 1321 Bumps River Road, situate in Barnstable (Centerville) , Barnstable County, Massachusetts, more particularly described as follows: a Lot 12 on LAND COURT PLAN 15087-1 Lot 13 on LAND COURT PLAN 15087-K Mt The above-described premises are conveyed subject to and with the benefit of all rights, rights of way, easements, appurtenances, reservations and restrictions of record and especially as set forth t in Certificate of Title 127243. For title see certificate of title no: 133139 u EXECUTED under seal this ___..Z— day of January, 1997. Mat a J. Dupuy Cathleen Foley-Dup y COMMONWEALTH OF MASSACHUSETTS Barnstable, so zit 1997 Then personally appeared Matthew J. Dupuy and Cathleen Foley- ARDITO.SWEENEY Dupuy and acknowledged the foregoing to be their free and deed, STUSSt.ROEERTSON before me, 6 DUPUY,PC / ATTORNEYS AT LAW WEST YARMOUTH MASS Not iFy Publac: 02073 BARNSTABLE REGISTRY U• 0-:tub �� 6, SMss� Com Exp: (508)775-3433 / Doc-1s032s379 04--28-2006 2=27 Ct f s 179919 QUITCEIMPRLE LAND COURT REGISTRY I,CATHLEEN FOLEY-DUPUY,TRUSTEE of L.T.REALTY TRUST under a Declaration of Trust dated April 15, 1987 and filed as Document No.454,467 with the Barnstable Registry District of the Land Court, with a mailing address of 1277 Bumps River Road, Centerville, Massachusetts 02632 for consideration paid in the amount of One Dollar($1.00) grant to MATTHEW J. DUPUY and CATHLEEN FOLEY-DUPUY, husband and wife tenants by the entirety of 1277 Bumps River Road, Centerville,Massachusetts 02632 with QUITCLAIM COVENANTS, The land with the buildings thereon known as 1321 Bumps River Road, Centerville, Massachusetts and further described as follows: LOT 12 on LAND COURT PLAN 15087-J and LOT 13 on LAND COURT PLAN 15087-K The above-described premises are conveyed subject to and with the benefit of all rights,rights of way, easements,appurtenances,reservations and restrictions of record insofar as the same are now in force. For title see Certificate of Title No. 143388. ARDITO,SWEENEY STUSSE,ROBERTSON &DUPUY,PC ATTORNEYS AT LAW WEST YARMOUTH,MASS 02673 (508)775-3433 �e WITNESS my hand and seal this 27th day of April , 2006.- Cathleen Foley-Dupuy,Wustee COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this 27th day of April, 2006 ,2006,before me,the undersigned notary public, personally appeared Cathleen Foley-Dupuy, proved to me through satisfactory evidence of identification,which were 11Ge ,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. (official signature and seal of notary). Donna M. Tobertson My commission expires 8/1/08 DONNA M.ROBERTSON Notary Public Commonwr:alth of Massachumft My Commission Expires 2003 ARDITO,SWEENEY STUSSE,ROBERTSON &DUPUY,PC ATTORNEYS AT LAW WEST YARMOUTH,MASS 02673 (508)775-3433 TRUSTEE'S CERTIFICATE L.T.REALTY TRUST The undersigned, being all the Trustees of the L.T. REALTY TRUST under Declaration of Trust dated April 15, 1987 filed with the Barnstable Registry District of the Land Court as Document No.454,467,hereby certify in accordance with the terms of said Trust: 1. That I am the sole Trustee of said Trust; 2. That said Trust as recorded aforesaid has never been amended or modified; 3. That said Trust remains in effect and has never been terminated; and 4. That the undersigned have been duly directed by the beneficiaries,who are of full and legal age and competent,owning 100%of the beneficial interest in and to the aforesaid Trust,to transfer the real property described in a Deed filed with the Barnstable District of the Land Court on Certificate of Title No. 143388 to Matthew J.Dupuy and Cathleen Foley-Dupuy for$1.00 and to execute and deliver any and all documents necessary to effectuate said conveyance. EXECUTED as a sealed instrument thisL7�4ay of APril ,2006. Cathleen Foley-Dupuy, rustee o L.T.REALTY TRUST COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this 27 day of April ,2006,before me,the undersigned notary public, personally appeared Cathleen Foley-Dupuy,Trustee,proved to me through satisfactory evidence of identification,which were license ,to be the person whose names is signed on the preceding or attached document,and acknowledged to me that she signed it voluntarily for its stated purpose. Dat= M. Robertson (official signature and seal of notary). ARDI E M commission expires: 8/1/08 STUSSE,ROBOBERTSON RTS y on &DUPUY,PC ATTORNEYS AT LAW WEST YARMOUTH,MASS 02673 DONNA M.ROBER T * Notary SON (508)775-3433 Commonwa. rY Public �lth of Mossochuselts my t ' mission Expires BARNSTABL Rr'"Tc�,Ci`DEEDS i R� 16erson/Entity Involved i r Local Option Business name (if applicable) Area Code Phone Number I u l u 1 Check This Box it Hr.,Ma., Mrs. First Name MI Last Name same addresa as Suffix incident location. I U u I Then skip the three duplicate address Liumber prefix Street or Highway Street Type suffix lines. Post Office Box Apt./su to/lRoom City State zip Code More people involved? Check this box and attach Supplemental Forme (NFIR8-19) as necessary R2 owner Same as person involved? Then check this box and skip The rest of this section, Local Option Business name (if Applicable) Area Code Phone number u iuL � u ❑ check this box it Mr.,Ms., Mrs. First Name MI Last Name suffix name address as incident location. Then skip the three I� duplicate address Number Prefix Street or Highway Street Type suffix lines. Post Office Box I Apt./Suite Room city u u-u State zip code L Remarks Local Option Caller Name : BPD FOR HOMEOWNER Caller Phone 292-4003 Caller Address. : SAA OIC : CAPT.RHUDE Pats. : 0 AGR 11Received AGRD HYAIHYANNIS FD rpierce ; 2013/12/18 02:50:15 - 321 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 02:50:47 - 307 AT EVENT MANNING IS 3 rpierce ; 2013/12/18 02:54:26 - 304 AT EVENT MANNING IS 3 rpierce ; 2013/12/18 02:55:49 - 303 AT EVENT MANNING IS 3 rpierce ; 2013/12/18 03:00:24 - E-826 AT EVENT MANNING IS 4 rpierce ; 2013/12/18 03:09:25 - R-828 AT EVENT MANNING IS 3 rpierce ; 2013/12/18 02:56:17 - 320 AT EVENT MANNING IS 1 .rpierce ; 2013/12/18 02:56:20 - 301 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 03:39:09 - 323 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 03:01:31 - C-802 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 03:05:20 - 326 AT EVENT MANNING IS 3 rpierce ; 2013/12/18 04:42:31 - 317 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 02:46:11 STRUCTURE , FIRE IN LIVING ROOM / ALL OCCUPENTS OUTSIDE L Authorization 18385 i J RHUDE, PAUL 1 ICAPT I I I 1121 181 2013 Officer in charge ID Signature Position or rank Assignment Month Day Year Check CAPT 12 18 2013 '• Box if t8385 I IRHUDE, PAUh I I I I L1 acme Position or rank Assignment Routh Day Year as Officer Member making report ID Signature in charge. ( , , COMM Fire District 01920 12/18/2013 13-DD04279 - p DD MY MM f� •- 61920 Llj�j L12J LL8J 2013 i 3 1 13-000427Ri 1 000 Complete FDID * State* Incident Date * Station Incident Number * Exposure * Narrative I � Narrative: 1 Caller Name BPD FOR HOMEOWNER Caller Phone 292-4003 Caller Address : SAA OIC : CAPT.RHUDE Pats. : 0 AGR 1IReceived AGRD : HYAJHYANNIS FD rpierce .; 2013/12/18 02,50:15 - 321 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 02:50:47 - 307 AT EVENT MANNING IS 3 rpierce 2013/12/18 02:54:26 - 304 AT EVENT MANNING IS 3 rpierce 2013/12/18 02:55:49 - 303 AT EVENT MANNING IS 3 rpierce 2013/12/18 03:00:24 - E-826 AT EVENT MANNING IS 4 rpierce 2013/12/18 03:09:25 - R-828 AT EVENT MANNING IS 3 rpierce 2013/12/18 02:56:17 - 320 AT EVENT MANNING IS 1 rpierce ; 2013/12/18 02:56:20 - 301 AT EVENT MANNING IS 1 rpierce 2013/12/18 03:39:09 - 323 AT EVENT MANNING IS 1 rpierce 2013/12/18 03:01:31 - C-802 AT EVENT MANNING IS 1 rpierce 2013/12/18 03:05:20 - 326 AT EVENT MANNING IS 3 rpierce 2013/12/18 04:42:31 - 317 AT EVENT MANNING IS 1 i rpierce 2013/12/18 02:46:11 STRUCTURE , FIRE IN LIVING ROOM / ALL OCCUPENTS OUTSIDE rpierce ; 2013/12/18 02:50:29 321 - NOTHING SHOWING SIDE A INV. rpierce ; 2013/12/18 02:54:50 321 - FIRE IN COTTAGE IN REAR , 20X20 , 10% INVOLVED rpierce ; 2013/12/18 02:59:30 321 - BULK OF FIRE KNOCKED DOWN , AMB 828 FOR HOMEOWNER SMOKE INHILATION rpierce ; 2013/12/18 03:00:40 321 - 826 RIT rpierce ; 2013/12/18 03:03:42 321 - FIRE KNOCKED DOWN , INTERIOR SEARCH COMPLETE , UNITS COMMITTED / NSTAR + COMMWATER ENROUTE ETA 20 MIN. / CAPT.ROGERS SAYS NO NEED FOR WORKING ASSIGMENT COVERAGES , 326 @ HQ TOTAL 6 PEOPLE rpierce ; 2013/12/18 03:31:48 320 REQ CAPT.GREENE TO SCENE+CIO FOR PIX / PD NOTIFING CIO i • j rpierce ; 2013/12/18 03:38:26 321 - NEED 2 FOR FIRE WATCH i rpierce ; 2013/12/18 03:59:20 321 - 324 CLEARING , GETTING 317+2 FF FOR FIRE WATCH coma Fire District 01920 12/18/2013 13-0004279 I ¢ "01920 1 U 12 18 20 3 3 I f 13-0004279 000P1ets FDID * State* Incident Date * 3tation Incident Number * pp * NS=Y�tiV'8 Fit sure Narrative: rpierce ; 2013/12/18 03:59:57 HYANNIS RUN # FOR PATIENT 5953 rpierce ; 2013/12/18 ,04:03:44 320 - NO NEED FOR DPW SANDER rpierce ; 2013/12/18 04:17:38 FIRE WATCH - C.ROGERS , SCHNECKLOTH rpierce ; 2013/12/18 04:44:46 321 - 304 IN SVC ON LOC , 307 SHORTLY , RELEASE OPS+ GO BACK ON FIRE ALARM rpierce ; 2013/12/18 04:48:36 321 - COMMAND TERMINATED / CLEAR 321 reports home turned back over to owner,321/317 clear at 10:15hrs Called for reported structure fire by single occupant. Units responded from Station 1, 2, 3, and Hyannis. Upon location found occupant in front yard, suffering from smoke inhalation, reporting interior fire, and building evacuated. Building was a cottage approximately 201X40' in the rear. Smoke and fire showing from the front, approximately 20% involved. L-307 pulled a 1 3/4" cross lay, attacked the fire through the front door and removed windows for horizontal ventilation. E-304 pulled 4" hose from the hydrant in the front yard to L-307. E-303 pulled a backup line to the front door. Hyannis E-826 reported to side A to function as RIT. Fire quickly knocked down. Deputy Eldridge, Capt Greene, and Detective York examined the fire scene prior to overhaul. F-317 reported to the scene with two for fire watch.. F-317 requested an engine to the scene for a rekindle. F-317's pump had frozen and they were unable to flow water. E-306 responded and assisted F-317 to get their pump going and wet down the rekindle. 12/18/2013 08:09:21 prhude i i I CoMm Fire District 01920 12/1B/2013 13-0004279 r ' Date: September 13, 2006 To: Building File From: R. Giangregono Re: Violation of Zoning Code Chapter 240 Section 13 Owner: Mathew J Dupuy& Cathleen Foley-Dupuy M&P: 188-119 - 1321 Bumps River Rd, Centerville Zoning: RD-l/AP Received complaint about an illegal apartment in separate structure. A review of the file shows: A 1973 appeal for a special permit to change from one nc use (workshop) to another(RE office). The Board found the preexisting nonconforming use to be abandoned. Appeal 1973-50 was denied. The following plans were submitted by Atty Dupuy in defense of his claim: 1930 plan 3 lots A, B &Mary Grubs 1957 plan 7,6,5 &B 1970 plan 9,10,11,12 1971 plan 14,13,12,10 7/6/06 Claims structure predates zoning and subsequently focuses on subdivision rules ®s. 8/30/06 LE advised this property was subject of a meeting and I was asked to issue a citation. BC asked me to hold off. The file contains the follwong correspondence: 4/19/06 Amnesty letter to C Foley-Dupuy 5/11/06 Letter to LE from M Dupuy 6/28/06 Letter to C from LE 7/6/06 Letter to LE from M Dupuy 7/10/06 Letter to LE from M Dupuy 7/11/06 Letter to M Dupuy from CP After reviewing the file, it is my position that the use of the structure is subject matter not the structure itself. It is clear that originally the intended use of the subject structure was a workshop. It is also apparent that the conversion of the workshop to a dwelling unit occurred without permits or zoning relief. Consequently, there is no valid claim to nonconforming rights here. Must discontinue un-permitted use of second dwelling unit. 9/13/06 Issued citation& cease & desist letter to M Dupuy. Centerville man escapes his burning home CapeCodOnline.com Page 1 of 1 't .,l. 4 w, k ffiT ,. '.'k# !n.- y., +M✓ga".2'=qy , a � Centerville man escapes his burning home By K.C. MYERS kcmyers@capecodonline.com December 18,2013 8:00 AM CENTERVILLE-A man escaped from a fire that destroyed his home overnight. The only resident of a cottage at 1321 Bumps River Road woke up due to a fire in the living room of his home, said Centerville Osterville Marstons Mills Fire Captain Paul Rhude.The man called the fire department and waited for them outside the residence. Firefighters found about 20 percent of the home on fire when they arrived, Rhude said. The man appeared to be suffering from smoke inhalation and was transported to Cape Cod Hospital, Rhude added. The home,valued at$349,500 by the town assessing department,will now need to be gutted due to heavy damage, he added. Copyright @ Cape Cod Media Group,a division of Ottaway Newspapers,Inc.All Rights Reserved. http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20131218/NEWS 11/1312196... 12/18/2013 Y oic Town of Barnstable (OWNBARN-STABLE BAMSTAB14g Growth Management Department Z II6 OCT 30 5° 04 ..1. 367 Main Street,Hyannis,MA 02601 -Ruth J.Weil,Director Regulatory Review holna�FVffl!Rya�nis,s cT"Dir' ector, i MA 02601 Phone(508)862-4785 Fax(508)862-4725 October 27, 2006 Attorney Charles M. Sabatt Ardito, Sweeney, Stusse, Robertson & Dupuy 25 Mid-Tech Drive — Suite C West Yarmouth, MA 02673 1 RE: Appeal 2006-100 — Cathleen Foley-Dupuy-- 1321 Bu p River Road;Cente'rvi_I.Le:, 1v1A— Map 188/Parcel 119 -Your letter dated October 20, 2006 Dear Mr. Sabatt, On September 19, 2006, the Town of Barnstable Clerk's Office received, by Certified Mail/Return Receipt Requested, a letter with attachments signed by Matthew J. Dupuy. The same paperwork ( was.also submitted to the Building Division. The content of that letter, including the attached highlighted notice, as filed constituted an appeal of an administrative official under Chapter 40A Section 15 of the Massachusetts General Laws. More specifically, appeal of that September 13, 2006 Notice of Zoning Ordinances Violation and Order to Cease, Desist and Abate. The reason for the appeal was cited as "No Violation Exists". p. 9 Given the strict time frames imposed on those appeals and the fact the Office of the Zoning Board of Appeals has no extension, the appeal was scheduled, legally advertised, and noticed for a public ' hearing on November 15, 2006 at 8:15 PM. Given that public notice, this appeal can only be withdrawn by a request to the Zoning Board of Appeals. Respectfully, Arthur P. Traczyk, Principal Planner Copy: ZBA File 2006-100 Gail Nightingale,Chairman—Zoning Board of Appeals tTom,P.err-y-,;Building-Commissioner Christine Palkoski,Regulatory Coordinator Linda Hutchenrider,Town Clerk Ruth J.Weil, Director-Growth Management Department Thomas A. Broadrick, Director-Regulatory Review r? Town of Barnstable *Permit# - Expires 6 months from issue date Regulatory Services Fee Thomas F.Geiler,Director dk °74/07 Building Division Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Q., Not Valid without Red X-Press Imprint Map/parcel Number 1 v Property Address \- c791 A t. \5 []-j&-sidential Value of Work Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address l AA \e_0Aj Contractor's Name M-Aim-- Telephone Number Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) X-PRESS PERMIT L(I-workman's Compensation Insurance Check one: J U N 2 6 2007 ❑ I am a sole proprietor ❑ I am the Homeowner TOWN OF BARNSTABLE 0-1-have Worker's Compensation Insurance Insurance Company Name A k`M AA\3 W orkman's Comp.Policy# Copy of Insurance Compliance Certificate must be on file. T !'ut Request(check box) (�' Re-roof(stripping old shingles) All construction debris will be taken to `A" ��� ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows/doors/sliders. U-Value (maximum.44) *Where required: Issuance of this permit does not exempt compliance with other town department regulation ,Qii ation,etc. ***Note: Property er m t ign Pro erty ner Letter of Permission A copy e Ho p ove nt ntractors License is requirO? :Qf ; 7 7 SIGNATURE: Q:Forms:expmtrg Revise061306 •s The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations _ d 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers'Compensation Insurance.Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le 'bl Name(Business/Organization/Individual): . \A e_� Address: 17 City/State/Zip: ��✓� � Phone A_ 9:b� `� b Are you an employer? Check the appropriate bog: -Type of project(required):. 1.[3:-1 am a employer with �j 4. ❑ I am a general contractor and I T* have hired the sub-contractors 6. ❑New construction . . employees(full and/or part-time).2.El am a'sole proprietor or partner- listed on the-attached sheet.. 7. ❑Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition workingfor me in an capacity. employees and have workers' Y P tY• $• 9. ❑Building addition [No workers'comp.insurance comp,insurance. required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions ❑Plumbing repairs or additions officers have exercised their 11. n '3.❑ I am a homeowner doing all work . P myself. [No workers' comp. right of exemption per MGL 12.[�Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' .•13.❑ Other comp. insurance required.] . *Any applicant that checks box#1 must also fin out the section below showing their workers'compensation policy information. t homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit anew affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is.the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the WA for insurance cove a verification. I do hereby certify under he d altie ' ry that the information provided above is true and correct Signature: Date: r Phone#: I y�►'� lax l�p Official use only. Do not write in this area,to be completed by city or town offciai City or'Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association, corporation or other legal entity,or any two or more o the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the f g g g J nP receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the' dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to'operate a business or to construct buildings in the commonwealth for any applicant who has not produced-acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(/)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for.the performance of public work until acceptable evidence of compliance with the inr ante requirements of this chapter have been presented'to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contiactor(s)name(s), address(es)and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies(LLC) or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers'compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. 'The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete'and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary) and under"Job Sile Address"the applicant should write"all-locations in (city-or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves-etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone-and fax number:. lbe Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. #617-727-49QG ext 406 or 1-877-MASSAFE Revised 11-22-06 Fax#617-727-7749 www.mass.govldia Board of Building Regulations and Standards License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR. before the expiration date. If found return to: Board of Building Regulations and Standards Registration; 126480 One Ashburton Place Rm 1301 Expiration: 6/8/2008 Boston,Ma.02108 Fl Type:: Individual MARK HERBST ` ` -a 1. MARK HERBSTa 35 PEEP TOAD RD f ----- t CENTERVILLE,MA 02632 Deputy Administrator Not valid w�tho t nature _ CERTIFICATE OF INSURANCE ISSUE DATE(MM,DD/YY) 03/16/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Leonard Insurance Agency Inc DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 494 Osterville, MA 02655 COMPANIES AFFORDING COVERAGE INSURED Mark Herbst COMPANY LETTER A A.I.M. Mutual Insurance Co 35 Peep Toad Road Centerville, MA 02632 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ ____]CLAIMS MADEE:JDCCUR PERSONAL&ADV.INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED.EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT - $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ MBRELLA FORM AGGREGATE $ THER THAN UMBRELLA FORM - WC STATU- OTH- WORKER'S COMPENSATION AND X TORY LIMITS EMPLOYERS'LIABILITY " 701G215012007 01/10/2007 01/10/2008 ELEACIiAC ACCIDENT $ A THE PROPRIETOR/ INCL EL DISEASE—POLICY LIMIT $ 500,000 PARTNERS/EXECUTIVE $ 100 000 OFFICERS ARE: F EXCL EL DISEASE--EA EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEIIICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRPCTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS .OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE G� a, � d MARK HERBST J 35 PEEP TOAD ROAD , r CE.NTER.VWLLE MA. 02632 r ' 508-420-6216 CELL PHONE 774-238-2938 PRO' TED TO: WORK PERFORMED AT: Mathe e Bumps River Roa 1321A Bumps River Rd `g Centerville MA 02632 Aa 508-771-7928 508-775-433 (work-) i, We herby propose to furnish the materials and perform the labor necessary for the completion of the following; New Roo Remove 1 laver of existing shingles x Install 8"drip ed-ge Install ice&water shield at edze &in valley areas Install 15 A felt paper r Install Certainteed Woodscape 30yr. algae resistant shingles Color( )*Pleased in, Thank You Cut ridge&install cobra vent Replace plumbing boots n r� Storm nail all shim Install rubber roof at bad valley area(facing Bumps River Rd) u All debris cleaned daily Price includes material, labor&dump fees All material is guaranteed to be as specified.The above work will be performed in accorandance with IL, the specifications submitted and completed in a substantial workman-like in for the sum of; Six-Thousand Two-Hundred&Fifty r r +a dollars($6,250.00 )with payments as follows;-full amount due upon completionMt kp; { *Any alteration(s)from above proposal involving extra costs will be added under a separate written agreement and become an extra charge. k RESPECTFU LY S TED: ✓� ' 06-05-07 Mark Herbst a ACCEPTANCE OF PROPOSAL The above price,specifications and conditions are satisfactory. We herby accept this proposal. You R are authorized to do the work as4 1PLAents will be as specified above. a'Jey � Signature .~ 51> *This proposal may be/-fvAdrawn drawn by said company if not accepted within 30 days I'V* TI 4 n XY, T i p - ¢ +k'.f ''a INS .a � i fBti ire Via}• � '� gf�, LAY it, .y �x -."'^�ar,�,-. r k T? p + Ay 3A RY 3r �✓,1_., aby ,��s1A, ".�-y'w��; 4 VIE,! RUM o,y 'itr�3 r MAN 11 s:fB .... .c WA rRt • ' w t Ye'f$ Y �' b fB.R c 0 do P � B u4 it' ? } B R a� ^b. v5 srz`N�`s� r � > � x�4 q � a"�5� r t fss r �s•,�,S s° �,>4� �� - � A - �. i „ n�5 .� II k� ` ,.,w...W.,.....«,�.•-„m. 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' ,y �,. _ r � � yqyy r _ Q�, � ;...fix � � Fes, �� � ,� � �. �� �� �( � r a ��'� 9 � � � ,<' :.:, k° f" L _ a t %�$A✓,xer... Y 1. w �... 5 �= I Date: December 5, 2006 To: Building File From: R. Giangregorio Re: 1321 Bumps River Rd, Centerville (Dupuy) Owner: Dupuy M&P: 188-119 Zoning: RD-1 Overlay: AP • Complaint received about an illegal apartment in a separate structure. (Spring 06). • Researched revealed a 1973 ZBA decision. • Appeal 1973-50 filed on behalf of Harry&Henrietta Preble sought to change an existing nonconforming use identified as a workshop to a real estate office. • The Board found the nonconforming use was abandoned and denied the appeal on August 20, 1973. • No other form of relief was granted. • Amnesty letter sent to owner by LE on 5/11/06 w JUG, 6. 201 6;11 :2 i",M -- NO, 310 P. . Post-it"Fax Note 7671 oat! -7 (p #of pages I.: T t^ tas �y r'POM 4 , V i 1.. t` Co./Dep. Phone# Phone 9k Fax#��Qy, O_ y7_rr'1 Fax# I `��y✓ WW lw�' i 1, HZNVIETTA M, PREBLB, Of Last Falmouth, Massachusetts, ! for consideration paid of ONE HUNDAM THIRTY THOUSAND grant to ROY L. DUPIIY and KEINATH D. DUPUY, husband and wife, as tenants by the entirety, both Of 1301 BUMPS River Road, Centervill , Cuelf— Maasaoausetts, holders of ar undivided one�half interest, and l4hTTH:1� J. DUPbY and CXTELE$H F. DUPUY, husband and wife, as `t'�` 1"" �'�`� ex"i ter-uts by the entirety, both of 1277 Bumps River Road, Centervill , +A/0 Ck M. Ma."Whusetts, holder$ of AD Uv&vided one»half interest, with 00ITCWM COVENANTS via • � �� `� the;remises at 1321 Rumps River Road, Barnstable (Centerville), � r. Barnstable County, Massachusetts, being two terrain parcels of TW � j land with the buildings thereon, more particular.l,y described as VnH - YKt fnllads; �� � FIRST PARCEL, y� NORTURL'y by BuF*S River Road, .210.69 feet k; -- 5SERLY by a por. tion of Lot.10, 111.85 -feet, by Lost 11, 214,35 feet; and ;? ST27+1,Y by a portion of Lot 6, 106.89 feet,; All of said boundaries .are determined by the Court to be located on Ssandivision plan Dar-notable County Registry o 15087-J, A copy of which, is filed in f Deeds in Land Registration Book 29, Page 11, with Certificate of Title No. 5481., and said land is sh4i�thereon aS LOST 12. For grantor's title, see Certificate of Title No. 49373, 5arnstable lte8istry District. ' EDco D PA—RC; a:> IFlESTF�LY by a portion of bot 6, 16.55 feet; N09rA LY an$ NQfl1ftKE'STEALt b,y Lot 12, 214.99 feet; ZUTZiLy by a portion of Lot 10, 54.25 feet; au.d syw4z Am C= SOITPN�Lk A.,��o.T,AW bir Lot 14, 213.24 feet. QOs�JM srmi7 , tiaw WA 001h . . Barnstable Assessing Search Results Page 1 of 3 n • � ttaaS Home: Departments:Assessors Division: Property Assessment Search Results New Search '' � I 1321 U M PS RIVER ROAD Owner: 2006 Assessed Values: FOLEY-DUPUY,CATHLEEN TR Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $ 180,300 $ 180,300 188 /119/ Extra Features: $2,400 $2,400 Outbuildings: $0 $0 Mailing Address Land Value: $ 199,500 $ 199,500 FOLEY-DUPUY, CATHLEEN TR Totals $382,200 $382,200 1277 BUMPS RIVER R-D CENTERVILLE, MA. 02632 2006 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $53.40 Fire District Rates Town Barnstable-Residential $1.90 $6.31 Barnstable-Commercial $2.51 Commei C.O.M.M. FD Tax(Residential) $405.13 C.O.M.M.-All Classes $1.06 $6.54 Cotuit FD-All Classes $1.33 Persona Town Tax(Residential) $ 1,780.05 Hyannis-Residential $1.61 $6.49 Hyannis-Commercial $2.50 Other R; W Barnstable-Residential $1.60 Commur W Barnstable-Commercial $2.46 Total: $2,238.58 Construction Details Building Property Sketch Legend Building value $ 180,300 Interior Floors Carpet This property contains multiples Style Ranch Interior Walls Drywall Please use the navigation below the sketch to bro- Model Residential Heat Fuel Oil Grade Average Minus Heat Type Hot Water Stories 1 Story AC Type None i hq://www.town.bamstable.ma.us/assessing/assess06/displayparce106.asp?mapparback=ad... 4/14/2006 Barnstable Assessing Search Results Page 2 of 3 Exterior Walls Wood Shingle Bedrooms 3 Bedrooms Roof Structure Gable/Hip Bathrooms 1 Full Roof Cover Asph/F GIs/Cmp living area 1244 ,3 - e Replacement Cost $129887 Year Built 1941 f Depreciation 20 Total Rooms 6 Rooms 3 �33a /i Land 3 .33�1�>r l2lj'rfi: �u,. �,�, 3�33 3 .�} .. Lot Size(Acres) 0.73 ; Appraised Value $ 199,500 Additional Sketches 1 1 21 Click Here for print version that displays all ske Assessed Value $ 199,500 Interactive Property Map: Map requires Plug in: I have visited the maps before j+ * Show Me The Map April 2001 photos available Sales History: Owner: Sale Date Book/Page: Sale Price: FOLEY-DUPUY, CATHLEEN TR Jan 23 1997 12:OOAM C143388 $ 1 DUPUY, MATTHEW J& Mar 15 1994 12:OOAM C133139 $ 1 FOLEY-DUPUY,CATHLEEN Jul 15 1992 12:OOAM C127243 $ 1 DUPUY, MATHEW J& Apr 15 1992 12:OOAM C126300 $ 1 J FOLEY-DUPUY, CATHLEEN TRS Mar 15 1988 12:OOAM C113811 $ 1 DUPUY, ROY L&KEINATH D& Dec 15 1985 12:OOAM C104764 $ 130,000 PREBLE, HENRIETTA M Sep 15 1982 12:OOAM C54139 $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL3 Fireplace 1 $2,400 $2,400 Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic http://www.town.bamstable.ma.us/assessing/assess06/displayparce106.asp?mapparback=ad... 4/14/2006 I i Z-oT /I w 57' o a' ¢2" b✓ Lo r ._ 4I m cp kA \2 � . . N V) N% N m m J1 I 1�o L)Q GAT I �T►1=t CATION UST1:�--rz- IL.LL NAt, �> NOV. Z�, i-2- hGAc.rc !"=4o W M• M, W A e v-1 t G IG l ,�► s S UG 11�1 G 1 ' On the basis of my knowledge, information and belief, I certify to Th_,--722 that as a result of a survey made on the ground on //z , I find that The structures) are located..on the..site site as � shown. � ;, .:. 'Y The title lines and lines of occupation of the.' �P��H ov,ygf�q site are as shown hereon. a.LIAM The site is situated in Flood Lone N�;�l�r�a� M. 1 .....� ���... C WARWICK =4i Community panel NO. 250De/ �/5�3_Dat@: D / C 9 No. 197710 ti Date: /l z o�sT� {off UR Villi>4 11:., Warw ck PALS f SUBDIVISION PLAN OF LAND IN BARNSTABL$ 15087 -- Nelson Bearee. rRiAhard Law, Surveyors Maroh 27a 1972 cn C•A ct 01 �/on /,SOB7A Ccrt � /4 � S 9 3 h . 7582fo 16 Q. C4 All [qNE. Subdivision of Lot 10 Shown on Plan 15087 Filed with Cart, of Title No. 5481 Registry'District of Barnstable County S ote Ce,-tifieetes of title mey be issued for land s hemm as.G?ft_.64:Ac.L6--------------------- �0��A+d�1►of plan Me Cva. LAND Off cr Stale oftMs Apr►an 50 Pert to on kch ti✓L��.l321 Al.WVdkry,figbner&Court,- . - �--.� �,�.�; /Pero _ --- /5087a� PLAN OF LAND IN BARNSTABLE Nelson Bearse Surveyor ' AUGUST 1930 ' 3 Mary k 6rube 5. ;50OF40'W. -��i• 123,75 \ Z 1 ♦ 6_ \ \ �y4� ' tat Y ti 0 y p q, J B. 3���E• e�9s N. 40 3B 30=f•�.•- L— d siM M �- t�►kf ' ' LAND RE61STRATION OFFICE FUL 29•1932. Ansel Bearse Scak or this plan 60 feet to an inch C.dt Humphrey EnHder for Court h 48- -1. SUBDIVISION PLAN OF LAND IN BARNSTABLE �5 18 74 u Nelson BeareerRiohard Lax, Surveyors March 27e 1972 CA Cn N i /4 /3 e M A . N ,yam •4 � H o W `k a4b is- �. 16 is-"lei .Iuyusio if Malys, Subdivision of Lot 10 Shown on Plan 15087 Filed with Cart. of Title No. 5481 Registry-District of Barnstable County Separate certificates of title may be issued for lend shownhermes.L Mg..G4:pc.16--------------------- Copyof� njofp/en By the Court. UND R£V/STRATION OFFICE /, ./MIX Y,/972 $04.oftMs en 50 feet to on Inds Rc.woody,fvinffr&Coo►t.- Map Page I of 2 Town of Barnstable Geographic Information System New Search H. Parcel Viewer Custom Map Map Size Zoom Outj I I I j M I fl jIn F ry + 7PG Map: 188 Parcel: 119 =mm Location: 1321 BUMPS RIVER ROAD I 804$ 1$8047 al`'1340 Owner: FOLEY-DUPUY, CATHLEEN TR 86646,002 1 046t b1 #1330 302 � #;13'1Q Location Information Map & Parcel 188119 S 11d Location 1321 BUMPS RIVER ROAD Acreage 0.73 acres - _.............__._____._.___.._...._......__ ..........___........__._..___.._......_....__..... � . rent diner F6u r Mailing Address FOLEY-DUPUY, CATHLEEN TR %DUPUY, MATHEW J & ? 1$8119 FOLEY-DUPUY, CATHLEEN 1277 BUMPS RIVER RD 1$$t17[i CENTERVILLE, MA 02632 1$�07 '..: ' a Appraised ValueFY 200 } #;1301 ;. Extra\ Out Buildings Features $$20,400 �f.V$Vf J ..:. _.... f £ li 12'33- � Land $199,500 Buildings $180,300 Total Appraised $382,200 16807 Assessed Value ( Y ) 18fi074: .. t{ Extra Features $2,400 6$1 Out Buildings $0 Land $199,500 Set Scale 1" 80 I Aerial Photos Buildings $180,300 Copyright 2006 Town of Barnstable,MA All rights reserved.Send questions or comments to GIS BarnstableMA uo.2.7 [Production:] http://www.town.bamstable.ma.us/arcims/appgeoapp/map.aspx?propertyID=188119&mapparback=address 9/13/2006 fie -- Y� 1NN �' 18804 � k � 6001 188048 � 3 RE # i Nll 1340 18'80�4,6003 % .... .,. r �� # 1288 r WWINN 'Vl;lllllll NNW WIN Mw IMNS c, ra x € g O F k. 3€ ` G - ! 3 � �' 1 3 r18 1�9 :.. 18$070� � 1 E .... 'E # 1321 �t # 135 rE E Now- 1$8073 ` € � # 1293 E� �1$$072 �! J EE MR EEEF 18 ROW Mm am am E 188074 EClw 12Z7 �� 1#8071MOM No ROL �� _ MMM, �: : :. 'e �p#,y�'' • � 4F • .-_..I • p'[,�. �Y•��.1.a_� gyp..• :!['f Sfi. _ '. .�j. d'.', • �'"`� • •` .. a -'Q.Rx a �. Y �� ��„y • -i r f /t a a f� ,• rryy > J 3� ��r �"�d{,, 4^x'�� a .•�" >s ' }• '.. , �` _ � . � �, ,� i� S`! �� fti` �,�� `�. '�r^qt�.-pr•�+�y,'� � g'��� h�' :�� � , 1•' E d`°n� y�. .� } .r�� 'Y .c�"S r• a '�: _ r ,.• ! ,>: .• t. TOWN OF 3AaNSr,FABLE Board of Appeals .HarrN. and Henrietta.Preble ............ ........ Petitioner Appeal No. 1°7 0 .Augus.t....20................... .......... 19 73 FACTS and DECISION Harr] and Henrietta Preble............................. filed petition on June 18 1973 , Petitioner .....................1............................................................................ p ................................. requesting a variance-permit for premises.at River .Road .. . . . - Street, in the village of .......O.�Clte 'Y.. 1�.............:........ . adjoining premises of_................................................................................................................... ...................... VauChan Dobalian, ��alcott Ames, Dorothy Orr, Antanas & Zofije Vieslcalnis, Carl 11,yberg, Ella C. i>icEttrick, Evo & Ida Renzi, Harold and. Elai-ne S. Renzi, Carlo Renzi, 'R. L. i?upu j, I ank R. Elsie N. 11ello, llichael & Kathleen Renzi, Evo Renzi, .............................................................................................................................................................................................................................................................................................. Locusis presently zoned in .....................................�' .........................................................................................................................................- .....................................................................................................................................................................................:............................................................................._....................... Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and News by publishing in Cape Cod Stauclard—Times; a daily newsl aper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, Mass., at ...............2. 00............A.-:1f. P.M. ..............................sT 1. l... �...,.. 1973 9 upon said petition under zoning by-laws. t Present at the hearing were the following membero: .Jose-?h..As...Wi�l .a.i7s................ .Buford...Coins............................... .M rir Ann...-�•...Stra-rer ............. .... ...... .... .... ... .......... ........ ................. .......... ............. ...... ............. ........... M Chairman At th,, conclusion. of the hearing, the Board took said petition under advisement. A view of the locus was had by the Board. On .............................A..:1;51....16...................................................................... 1913...., the Board of Appeals found Attorney Joseph Reardon represented the 'Petitioner, Harry and. Henrietta Preble who are asking permission to operate a Real Estate Office at 1321 Bumps River Road, Centerville an RD-1 Zoning district. A plan was presented to the Board shoi-ring the main residence and the outbuild- ing which Mr. Reardon said was used for painting and storage by the previous owner. A dipping service for stripping furniture was opera"-ed on the premises which Mr. Reardon said pre—daued zoning and therefore the propert�rl.as a non- conforming use. The Petitioners are asking for a change of use under P7 of the 'Zoning by-laws which allows the change of a nonconforming use to any specified use not more detrimental to the neighborhood. P7rs. Preble will operate the Real Estate business and would not have any employees, 1,1r. Preble is presently using the outbuilding for a workshop. The Board found the Petitioners had applied for a Special Permit under P7 which . allows the change of a non-conforming use. to any use not more detrimental to the neighborhood. The Board found nb substantial evidence that this non-conforming use did exist and that Mr. Renzi, the former owner of the property started to work.for the Barnstable School Dept. on January 5, 1970. This fact would indicate that the non-conforming use was forfeited since a three-year period had elapsed. The Petitioner again offered no evidence that this was not so. The Board found that since there was no evidence offered by the Petitioner that the non-conforming use had not elapsed;lto allow the Petitioner a Special Permit undar P7 would be in derogation of the Barnstable Zoning by-laws. The Board voted unanimously to deny the Petitioner's request for a Special Permit. Restrictions imposed Distribution:— Board of Appeals Town Clerk Applicant Town of Barnstable Persons interested Building Inspector Public Information By ...... :„� '��IT � �`"�....c..... ....��..:�.............. ..... .. ............. Board of Appeals airman �o TNeropy ! 3 o BARNSTABLE, o° y MAM 0 pp 1639. 00 TOWN. OF BARNSTABLE PETITION FOR SPECIAL PERMITUNDER THE ZONING BY-LAW To the Board of Appeals, Hyannis, Mass. Date ................June....a8..i..... . . 19 The undersigned petitions the Board of Appeals to vary, in the manner and for the reasons hereinafter set forth, the application of the provisions of the zoning by-law to the following described premises. 1321 Bumps River Road Applicant:PP • Ha.p.ry.....pr••.e•b3,.e.....an.d.....H.enr•Letta....X.........P..r:eble.........�:enter.. '��.:1..7..e_,.:....M. .s..�.......__ (Full Name) (Winter Address) Owner: _.._..._................Same... .._........................................................................................................... None...:.. _. ..... ............ ._ (Full Name) (Winter Address) Tenant (if any): Non4&......................................................................................................................................................_..................._........................................._ (Full Name) (Winter Address) 1. Location of Premises .1321...,,Bumps.,..River Road, Centerville .Centervi.11e (Name of Street) (What section of Town) 2. Dimensions of lot ......21.0..6.9 feet 125.... 39 to 17 6 . �e1 2 7 ,0 00 ± .............................................. .................................... ...................... ........: ... (Frontage) (Depth) (Square Feet) 3. Zoning district in which premises are located...............RD-1 4. How long has owner had title to the above premises? .........s?X3.e ............................................................................. 5. How many buildings are now on the lot?t.wo...................................................................................................................:.............................. 6. Give size of existing buildings House: 30 x 50•.. .Worksho�: 20. x 25 .. ............. ..................... ................_................,.................................................. Proposed buildings .....S.amf.......................... 7. State present use of premises .11a.use......=.....dwelling.;..........Uorkshap....._.....5.10ta91!.Aild,,,QOf P_ntrY 8. State proposed use of premises House = dwelling? workshop =.,real estate office 9. Give extent of proposed construction or alterations: .......Tho.....o t.e.l^.�,.Q.�'....di ensns of work— .....................................• ............s.ho.P....W-i14.....Pe€>a3 .....same........ r...en©•uata.....ext.eri..ar.......and.....iiat.er.l r to ......_....imp ra v e.....a p.}yea.rasa.c e..................................................................................................................::..::...........................................................: .. 10. Number of living units for which building is to be arranged ....................................�1en.e...................... 11. Have you submitted plans for above to the Building Inspector? ..............._..........y0,S..............................................:........ 12. Has he refused a permit? ...................................................�'.Q.5..... .. ............................................................................... ......_........................................... 13. What section of zoning by-law do you.ask to be varied? ........................................_........................................................................... ............ .e.ek.....sp.e.cia.1....p.exmi..t....pu.r..suant.....to.....irk.j1r,.j.P....I.1Z..,.....GhAlater III Section ......................................... P 7 ......_................................................................_....._.. i sho , is a non-con- 14. State reasons for variance or special permit: ..... ).s....e ].St. J(14T......W.A '. :...........?...................................... The workshop£.army.n .....11 se.....�n.....a.:..r...e.s a.�. .z��.a..a one ..... .............. ....................._....................._.......P. or barn has . 'or to the adoption of zonin and has been utilized. x1....axa� .al! . .....R1'1........................................................p............................:............................ ................._ ..........................................................:..... ........... ad.rapt.inn....af:....zb.ning....f.Q.r:.,.a....bus, ne.ss purpose ; to _...........f4t...:...:the.....st.aring.,.....fabra..c.at±n. .....and.....mi. iz1P;....c?f..... ?alnt.....sunpl e.s:...and the ... T performance of carpentry work. The Petitioner desires to operate a .......... ................................................................................................................ ......... ......................................................................._.......................................... ...........one„-.p , pn,,.,,re . .stat.c....office in the workshop.. _This .would constitute ....... ......... .......... ...._.. ..... a•...c.ha ,o.....o,f,..,the.... p ,-, ,�nformn�,,,•use.. The .change .would not be more _...................... ......................._ .............det•r ment.al....t.Q....the.....neighbo.rhn.ad.................................... ..........._............ . . Respectfully submitted, (Signatur _ ::. ....:......... Petition received by s earddn , A orney ..........:..................................................................... ( ress xld•.,.Henriet a M. Preble Hearing date set for ............................................................ 19- ......... • Filing fee of $20.00 required with this petition. • This form may also be used for Appeals. (Over) The following are the n,.,_.os and mailing addresses of the abutth owners of property and the name and address of the owner across the street, according to the records in the Assessor's Office at the date of this application: Please type or print only. Vaughan Dobalian Frank R. & Elsie N. Mello 17 Main Street Bumps River Road Yarmouthport , Mass. 02664 Centerville , Mass . 02632 Walcott Ames Michael & Kathleen Renzi Parker Road Field Street Osterville , Mass. 02655 Mattapoisett , Mass: 02739 Dorothy W. Orr Evo Renzi 14 South Lane 1.353 Bumps River Road Hingham, Mass . 02043 Centerville , Mass. 02632 Antanas & Zofije Vieskalnis RRXX-tx:R 33 Windsor Road Quincy, Mass . 02169 Carl Ryberg Box 432 Centerville , Mass . 02632 Ella C. McEttrick c/o Beatrice J. Whitmer 2A Curtis Street Rockport , Mass. 01966 Evo 6 Ida Renzi 1353 Bumps River Road Centerville, Mass. 02632 Harold and Elaine, S,. .Renzi Bay Lane, Centerville , Mass . 02632 Carlo Renzi Bay Lane Centerville, Mass . 02632 R. L. Dupuy Bumps River Road Centerville , Mass. 02632 There must be submitted with the within application at the time of filing a plan of the land, in duplicate, (or two prints) showing: 1. The dimensions of the land. 2. The location of existing buildings on the land. 3. The exact location of the improvements sought to be placed on the land. Applications filed without such plans will be .returned without action by the Board of Appeals. Verified by Assessor's Office .................................................................................................................................... Assessor yoFtNE,,w TOWN OF BARNSTABLE BOARD OF,APPEALS BABBSTABLS, i MASS. pj NOTICE OF PUBLIC HEARING OOA 1639' `00 �D MpY S" UNDER ZONING BY-LAWS Appeal No. .......... 7 ^: M. .....�.....2� 2a 197 T.0: B4r a all persons deemed interested or affected by the Board of Appeals, under Sec. 15 of Chap. 40A of General Laws of the Commonwealth of Massachusetts and all amendments thereto, you are a3L hereby notified that r...: ��... :,..r ...................................� • ..° ......................................................................................................I...................... .............................................................................................................................................................................................................................................................................................. has appealed to the Board of Appeals from a decision of the Building Inspector and petitions for �B�"crP"S�Ye�t7u�" Interior and exterior ronova±r ons to ��i.��y�, zl:; it kshop and pe j osi.on for a ?rwl ` : ra +' '" 1,C@• log,-ated at 1321 .'i.lg"Ij?3 River �?�7M- 10 �;�''l��r'rZ`�C�110 A public hearing will b given ....:��P..... ...'3'�"'..• ...i�`..� h. ........ :.:........................_.............._ 11 e g non this petition, in 3.. ` on .................. t ... ...1973 . ....... ......................................................... at 00 ...`).e1. You are invited to be present. By order of the Board of Appeals, Man Atin '3. -Strayer Chai�rman� ......................... .................................................... ........................... .................................................................................................................. 30 !Pro rs) ......................................................._........................_.............._._........... x i J i r (y�0 47, 4. tia TOWN OF BARNSTABLE r BOAF!DOFAPP' R I N ALS OTICE OF p � / F, , UNDER ZONING BY-LAWS - '=r Appeal No. 1973-50 IAWS TO: all persons deemed nte affeurested under Seed by the Board of Appeals„ Laws of Chap,dpq of G of th eneral e Commonwealth O1-'/Massachusetts and all amendments. thereto, You are hereby notified,ihaf HARRY&HENRIETTA M, p have appealed to the Board of A EBLE' from a decision of the PPeals Inspector and petition Building and exterior' renovations'for- Interior I, workshop and to 'existing Estate Permission for a Real ' Offir- Premises located V 1321 ' BUMPS RIVER aty CENTERVILLE ROAD,:: - DISTRICT in in an f A Public hearing will be given on this petition in HEARING IR I`.. TOWN BLDG. MAIN ST., HYgNN S-Jul MA. on y 11, 1973 at 2:00 P,/y1; '` You are invited to be present. BY order of the Board of Appeals,MARYANN S.STRAYER,': (b•27c7-3-73) Clerk:"j 4. '1 NAME OF OFFENDER --]BAR DAD 72609 mc TOWN OR ADDRESS,OFOFFENDER• BARNSTABLE CI ,` 'T f E`a � K a _ OFFENSE suss. $ d'4A 1 n a o' i A U,�Q..,, I sin(, .in(,l 4(4i 11€ 7J of (f -'1 t t-N:0'o(0f...)i�1+) (�� a .639. .....� lED MIKE I.`,.Nt1M`+'l_t . TIME AND DATE OF VIOLATION• a- LOCATION OF VIOL TON �:., - - W NOTICE OF 1a= x�A.M / P.M.)ON j E 20016 1?a i ttt' .t'�It 4?ar � l rt� �. SIGAATU E OF ENFORCING PERSON ENFORCING DEPT.. 1 BADGE N0. W VIOLATION v(� tt, �. �' c OF TOWN ©EREBY ACKNOWLEDGE RECEIPT O CITATION X Q ORDINANCE Unable to•btu slsn�ture�f offender. �- I n`Ola THE NONCRIMINAL FINE.FOR THIS OFFENSE IS w Date mailed w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL. a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. W REGULATION 1 You may elect to a the above fine,either Q () y p y by appearing.in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money.order or postal note to Barnstable Clerk,P. Box 430, -J! Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. a (ri2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST AR LE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02690,Alin:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature Date: September 13, 2006 To: Building File From: R. Giangregorio Re: Violation of Zoning Code Chapter 240 Section 13 Owner: Mathew J Dupuy& Cathleen Foley-Dupuy M&P: 188-119 - 1321 Bumps River Rd, Centerville Zoning: RD-1/AP Received complaint about an illegal apartment in separate structure. A review of the file shows: A 1973 appeal for a special permit to change from one nc use (workshop) to another(RE office). The Board found the preexisting nonconforming use to be abandoned. Appeal 1973-50 was denied. The following plans were submitted by Atty Dupuy in defense of his claim: 1930 plan 3 lots A, B &Mary Grubs 1957 plan 7,6,5 &B 1970 plan 9,10,11,12 1971 plan 14,13,12,10 7/6/06 Claims structure predates zoning and subsequently focuses on subdivision rules ®s. 8/30/06 LE advised this property was subject of a meeting and I was asked to issue a citation. BC asked me to hold off. The file contains the follwong correspondence: 4/19/06 Amnesty letter to C Foley-Dupuy 5/11/06 Letter to LE from M Dupuy 6/28/06 Letter to C from LE 7/6/06 Letter to LE from M Dupuy 7/10/06 Letter to LE from M Dupuy 7/11/06 Letter to M Dupuy from CP After reviewing the file, it is my position that the use of the structure is subject matter not the structure itself. It is clear that originally the intended use of the subject structure was a workshop. It is also apparent that the conversion of the workshop to a dwelling unit occurred without permits or zoning relief. Consequently, there is no valid claim to nonconforming rights here. Must discontinue un-permitted use of second dwelling unit. 9/13/06 Issued citation& cease &desist letter to M Dupuy. Town of Barnstable Regulatory Services pUtKE rOy� Thomas F.Geiler,Director Building Division BARNSTABLE, * Tom Perry,Building Commissioner Mass. 9 1639• A 200 Main Street, Hyannis,MA 02601 A?FD MAC Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violations) and Order to Cease, Desist and Abate: Matthew J.Duygy and all persons having notice of this order. As owner/occupant of the premises/structure located at 1321 Bumps River Rd,Centerville;Map 188 Parcel 119,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date, Sept. 13,2006 to: 1. CEASE AND DESIST IMMEDIATELY, all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Multifamily use in a single family zone (RD-1). Violation of Town of Barnstable Zoning Ordinances: Chapter 240-11 2. COMMENCE immediately,action to abate this violation. Vacate premises and convert to non- habitable space. SUMMARY OF ACTION TO ABATE: Obtain building permits to reconfigure accessory unit to non-habitable space including the complete elimination of the kitchen and capping all utilities in the wall. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,farther action as the law requires will be taken. By order, Robin C.Giangregorio Zoning Enforcement Officer Q/FORMS/viozonel ' f TOWN 0191 BAD'IDS 11'ABLE Board of Appeals _. Harry.and Henrietta Preble..... .................. Petitioner Appeal No. _...... °7 ............... .August....20. .. „..._.„... .... 19 73 FACTS and DECISION Petitioner ...._.Harry...pj2d„Henrietta.Preble filed petition on ........June 18 1973 .... .... ........ ............... requesting a variance-permit for premises at ..,...Z27 ,,Pumps River Road Street, in the village .a...................... ........ ......... ............ ...... of ............:........ , adjoining premises of..............................................................:................._...................................................._ . Vaughan Dobalian, Walcott Ames, Doroth;% Orr, Antanas & Zo-Lije Vieskalnis, Carl Rfberg, Ella C. McEttrick, Evo & Ida Renzi, Harold and, Elaine S. Renzi, Carlo Renzi, R. L. Dupuy, wank R. &. Elsie N. Mello, llichael, & Kathleen Renzi, Evo Renzi, _.........................................:................................._...................................................................................................................................................................................................._ Locusis presently zoned in . .. _ .RD-1:................................................................................................................._...................... 1 Notice of this hearing was given by-mail, postage prepaid, to all persons deemed affected and Ideas by publishing in Cape Cod Stan-daTd--Tinres; a daily new4aper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town -of Barnstable was held at the Town Office Building, Hyannis, Mass., at ............2 00 .....t -l�. P.M. .............................. 0 l . 1... ....._... ........ . .. 1973 ` upon said petition under zoning by-laws. Present at the hearing were the following members: .Joseph..As...Williams............... .13utord...Coins............................... ......MarY Ann...B....Strl yc ... Chairman At the conclusion. of the hearing, the Board took said petition under advisement. A view of the locus was had by the Board. On .............................`h?, 1;5 ....:,6........................................................................ 1913....;the Board of Appeals found Attorney Joseph Reardon represented the Petitioner,' Harry and Henrietta Preble who are asking permission to operate a Real Estate Office at 1321 Bumps River Road, Centerville an RD-1 Zoning district. A plan was presented to the Board showing the main residence and the outbuild- ing which 1,Zr. Reardon said was used for painting and storage by the previous owner. A dipping service for striing furniture was operated on the premises pp which ter. Reardon said pre-dated zoning and therefore the property has a non- + conforming use. The Petitioners are asking for a change of use under P7 of the Zoning by-laws which allows the change of a nonconforming use to any specified use not more detrimental, to the neighborhood. Mrs. Preble will operate the Real Estate business and would not have any employees. Mr. Pre'ole is presently using the outbuilding for a workshop. The Board found the Petitioners had applied for a Special Permit under P7 which . allows the change of a non-conforming use to any use not more detrimental to the neighborhood. The Board found no substantial evidence that this non-conforming use did e.)ist and that Mr. Renzi, the former. owner of the property started to work.for the Barnstable School Dept. on January 5, 1970. IThis fact would indicate that_thennonscon owing use tva__ s forfdd ted'since a three-year period hacl_elapsed The Petitioner again offered no evidence that this was not so. The Board found that since there was no evidence offered by the Petitioner that the non-confor-ming use had not elapsed; to allow the Petitioner a Special Permit undar P7 would be in derogation of the Barnstable Zoning by-lattiTs. The Board voted unanimously to deny the Petitioner!s request for a Special Permit. Restrictions imposed R, Distribution: Board of Appeals Town Clerk Town of Barnstable Applicant Persons interested Building Inspector Public Information By Board of Appeals )a1irman �.......... i y� THE raw BARNSTABLE, a° y MAO& pp 16g9. �G Eip'(Or�9 TOWN. OF BARNSTABLE PETITION FOR SPECIAL PERMIT UNDER THE ZONING BY-LAW To the Board of Appeals, Hyannis, Mass. Date ...._.........June....1.a . ". 19 The undersigned petitions the Board of Appeals to vary, in the manner and for the reasons hereinafter set'forth, the application of the provisions of the zoning by-law to the following described premises. 1321 Bumps River Road Applicant: pia.P.rxy....Rvebi e.....and H.an.r.1etta,...X........P.reb (Pull Name) Winter Address Owner: ............ ......................_.................................................................._..................._.None. (Full Name) (winter Tenant (if any) N6n48........................................................... ................. . . ................................................. ......_.......................... ................... _.................._.............. ...... _........._.... (Full Name) (Winter Address) 1. Location of Premises "1321..,Byn p. ....River "Roads ,Centervi.11e _......" (Name of Street) (What section of Town) 210 69 feet 125 .39 to 176 . ' 27 ,000 + 2. Dimensions of lot .. ._._...... ....._........ ...................._............................................................... ��ea "."...".......................................-...... ..:.......:....._. (Frontage) (Depth) (Square Feet) 3. Zoning district in which premises are located................R.D.—.1 4. How long has owner had title to the above premises? .........me.....ye.a.r............................................................................. 5. How many buildings are now on the lot?two..............................................................................................................._........_::.................._ 6. (live size of existing buildings House,: 30 x 5.0 Workshop: 20. x 25 . Proposedbuildings .....S.aMe.......................................................................................................................":................................................._.......... 7. State present use of premises ...House......=.....dw.elli g.;..........IDI.ar.a shQ.P.....=..... tQl'a&a.f Af,d_..QAftentrY 8. State proposed use of premises:Rouse = dwellin.g? workshop =..real estate office ................ .......... .................................... ...,.......... 9. (live extent of proposed construction or alterations: .......The.....exteri.C? '....d ]ne.�lS o11S .of work— she w 14 re aiil_ same, P.P.opoaQ....t.o and.....interlar to _............_................. . 10. Number of living units for which building is to be arranged ................0..... Nomp............................... 11. Have you submitted plans for above to the Building Inspector? ...........................y... .............._.....,...................._............ 12. Has he refused a permit? ..................................................�,'ea.................................................................."..."..........__"...".........._............................... 13. What section of zoning by-law do you.ask to be varied? ..........................m....................._..................................................... ......... e II Cha ter !!!- Section _.....S.e ek._..s�a ec ia.l....p.erma.t....purs.uant.._tQ.....Ax k.�Q.a......_. ..........a..._...._.......P..__....... ................._............._..."......_... P 7 . 14. State reasons for variance or special permit: 5 .?nt ....T^1A ' ,Sho. .._1-S..,.,a_"non-con— e The worksho or barn has been _....._....£.arm i n .._.us�.agQ.._.�xl_..a....r..e.s .�en�.a 1..... 41 ..... ............_......._......._.......:_.._.......P.............__._......._........_.................. 'or to the ado tion of zonin and has been utilized "..........azl ."exa is . ....pr ............_....................................._...P...........................................................................___.................._... ...........__........__. _..�.0�s• •stezitlyr.... s.ince...:the...:ad.cipl.ion.:..a.f..... i.nxlp.... g? '."....business purpose; -to aint su lies and the .,.....fabr.�.cat ng.....and....311 xin„....Q. .._.p........................_RD.P............:_:............_._ . performance of carpentry work. The Petitioner desires to operate a ............. ....................................................................................................................................................................... ......................_...................................."".................."...".... ..•.........Qne.mpe..r.on....nealo eztate.....gff ce ..in...,the,.,workshop•. ,Thi"s„ would_ constitute ..........a...,aha.n.ge....o.£.•..the The ,chan•ge�would not be more .............det•P menta3.....t.Q....the.....neighborh:oad................_....... ...... _......._ ......._.... . Respectfully submitted, (Signatur . ..... Petition received by. s earddn , A ' orney ( ress ....Hejiriet a _M. Preble Hearingdate set for .......................................................... 19; ........... # Filing fee of $20.00 required with this petition. # This form may also be used for Appeals. (Over) The following are the n, s and mailing addresses of the abutth awners of property and the name- and address of the owner across the street, according to the records in the Assessor's Office at the date of this application: Please type or print only. . Vaughan Dobalian Frank R. 6 Elsie N. Mello 17 Main Street Bumps River Road Yarmouthport , Mass . 02664 Centerville , Mass . 02632 Walcott Ames Michael 6 Kathleen Renzi Parker Road Field Street Osterville , Mass. 02655 Mattapoisett , Mass. 02739 Dorothy W. Orr Evo Renzi 14 South Lane 1353 Bumps River Road Hingham, Mass . 02043 Centerville, Mass . 02632 Antanas & Zofi.je Vieskalnis Hx$r_vx 33 Windsor Road Quincy, Mass . 02169 Carl Ryberg Box 432 Centerville , Mass. 02632 Ella C.- McEttrick .,. C/o Beatrice J. Whitmer 2A Curtis Street Rockport , Mass. 01966 Evo 6 Ida Renzi 1353 Bumps River Road Centerville , Mass. 02632 Harold and Elai,np. .S. .Renzi Bay Lane. Centerville , Mass . 02632 Carlo Renzi Bay Lane Centerville, Mass . 02632 R. L. Dupuy Bumps River Road PypGTHFTp�y TOWN. OF BARNSTABLE o,'" '•� BOARD OF.APPEALS i BAINSTA L i MASS. NOTICE OF PUBLIC HEARING OOA i639. UNDER ZONING BY-LAWS Appeal No. .........19173L-50 ......._...................J?mo ' 1973 7 TO: Beax%-all persons deemed interested or affected by the Board .of Appeals, under Sec. 15 of Chap. 40A of General Laws of the Commonwealth of Massachusetts and all amendments thereto, you are hereby notified that ........� � i' ..':...' < +<:. :? ... £..... ....:�`.3.3 ........................................................................................................................... ............_................................................................................................................................................................................................................... has appealed to the Board of Appeals from a decision of the Building Inspector and petitions for Interior and ext-rior ronovations to e�d.s'!.rig unrocshop and pemisisian for a Real 1'*state Ofrl.ce.t Promises located at 1321 1kinpa River ib,'A , centolrVille Tn an �,p-1 Di..stricte A public hearing will be given on this petition, in .i.in tmot.�...Hyannis s ................. ,....a on .................. ................... ...................... at3OQ _._............................. You are invited to be present. By order of the Board of Appeals, t�, A-.l.n s3. �'trayer v .._�.._.. �p�{�y•� � !!yy //�.�.y}�y y��) ��yy�.qq++ ........................ l rk................................... ..........._.......�..., C01rman. AJune217 W 1 JiI1' 3 ............................................................................................................... l3O 1 � s) _.................................»............._.-......................................._._.......... Ili. 4•J IFS �� � !G/ � l�r' I /i rwtu N.Q 1 C5140P i Q •..4 •1G . r NTOWN OF BARNSTABLE r. 1 '. BOARD OFAPP ALS ...., ' OTICE OF 4, �crcH ti UNDER ZONING BY-LAWS EARING ' f'_ Appeal No.1473-50 TO: all persons deemed unteres ed or affected by under Sec. 1 the Board of Appeals,-; Laws of thj of Chap.40A of General': e Commonwealth off` ^' Massachusetts and -ail amendments: i. -thereto, You are hereby =' if FIARRYB HENRIETTAM.IPREBLE have appealed to the Board of Appeals a ' from a decision of the Building Inspector and petition "for- Interior:: .and exterior and to 'existin J workshop and permission for 9 Estate Offir-e. Premises I a Real_? CEN BUNLLE IPS RIVER oc ROAed or_' rr. TERM DISTRICT. in an ` A public he fs< 'his petition in HEARIING ROO'be given on TOWN BLDG. M ` MA. MAIN ST., HYANNIS.?% on July 11, 1973 at 3:00 I P.M..You are invited to be resent. BY order of the Board of Appeals;" �. MARYANN B.STRAYER," (6-27i7-3-73) Clerk: . F. a c Tay �� as 1� ✓ t 6 �t y r as ; a 3t`� '�'b �: X*` � "+ l fa:,. f .,;2}� ! ,�:� i • I �e�y, A� "�'� a� �y � •� x,t" -a,., ".I „% 'a<• i 1 .7�� 4 ti. t✓ I ,� r '3,,,r .,"`• Ca,k +rn ri 5,7_. 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Barnstable Assessing Search Results Pagel of 3 i #�,E t �` • . Home: Departments:Assessors Division. Property Assessment Search Results New Search 1321 BUMPS RIVER ROAD Owner: 2006 Assessed Values: FOLEY-DUPUY,CATHLEEN TR Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $ 180,300 $ 180,300 188 / 119/ Extra Features: $2,400 $2,400 Outbuildings: $0 $0 Mailing Address Land Value: $ 199,500 $ 199,500 FOLEY-DUPUY, CATHLEEN TR Totals $382,200 $382,200 1277 BUMPS RIVER RD CENTERVILLE, MA.02632 2006 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $53.40 Fire District Rates Town Barnstable-Residential $1.90 $6.31 Barnstable-Commercial $2.51 Commei C.O.M.M. FD Tax(Residential) $405.13 C.O.M.M.-All Classes $1.06 $6.54 Cotuit FD-All Classes $1.33 Persona Town Tax(Residential) $ 1,780.05 Hyannis-Residential $1.61 $6.49 Hyannis-Commercial $2.50 Other R; W Barnstable-Residential $1.60 Commur W Barnstable-Commercial $2.46 Total: $2,238.58 Construction Details Building Property sketch Legend Building value $ 180,300 Interior Floors Carpet This property contains multiples Style Ranch Interior Walls Drywall Please use the navigation below the sketch to bro- 1 Model Residential Heat Fuel Oil Grade Average Minus Heat Type Hot Water Stories 1 Story AC Type None http://www.town.bamstable.ma.us/assessing/assess06/displayparce106.asp?Mappar=188119... 7/6/2006 Barnstable Assessing Search Results Page 2 of 3 1 Exterior Walls Wood Shingle Bedrooms 3 Bedrooms Roof Structure Gable/Hip Bathrooms 1 Full Roof Cover Asph/F GIs/Cmp living area 1244 3� Replacement Cost $129887 Year Built 1941 3 3 '3n3333�3313aJ'13 ` 1 ? 33•.;a,` 3 Depreciation 20 Total Rooms 6 Rooms Land CODE 1090r Lot Size(Acres) 0.73 Appraised Value $ 199,500 Current Building ID= 13285 derails on I Additional Sketches 1 1 2 1 Click Here for.print version that displays all sb Assessed Value $ 199,500 Interactive Property Map: Ma re wires Plu in: I have visited the maps before ' Show Me The Map : April 2001 photos available ..,. Sales History: Owner: Sale Date Book/Page: Sale Price: FOLEY-DUPUY, CATHLEEN TR Jan 23 1997.12:OOAM C143388 $ 1 DUPUY, MATTHEW J& Mar 15 1994 12:OOAM C133139 $ 1 FOLEY-DUPUY, CATHLEEN Jul 15 1992 12:OOAM C127243 $ 1 DUPUY, MATHEW J& Apr 15 1992 12:OOAM C126300 $ 1 FOLEY-DUPUY,CATHLEEN TRS Mar 15 1988 12:OOAM C113811 $ 1 DUPUY, ROY L&KEINATH D& Dec 15 1985 12:OOAM C104764 $ 130,000 PREBLE, HENRIETTA M Sep 15 1982 12:OOAM C54139 $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL3 Fireplace 1 $2,400 $2,400 Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) - CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story (Unfinished) http://www.town.bamstable.ma.us/assessing/assess06/displayparce106.asp?Mappar=188110... 7/6/2006 Barnstable Assessing Search Results Page 3 of 3 j FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story (Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) r r http://www.town.bamstable.ma.us/assessing/assess06/displayparce106.asp?Mappar=188119... 7/6/2006 ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW 25 MID-TECH DRIVE, SUITE C WEST YARMOUTH, MA 02673 (508) 775-3433 Telephone (508) 790-4778 Facsimile Edward J.Sweeney,Jr. Thomas P.Carpenter Michael B.Stusse Kelly S.Jason Donna M.Robertson Herbert F.Lach,Jr. Matthew J.Dupuy Tracey L.Taylor Charles M.Sabatt Charles J.Ardito P.C. PLEASE REFER TO FILE NO:2127D September 18, 2006 Certified Mail/Return Receipt Requested Town of Barnstable Clerk's Office 367 Main Street Hyannis, MA 02601 Re: T321 B_u-mps--RiverRoad Centerville�MA Map 188/Parcel 119 Dear Sir or Madam, Please find enclosed a copy of"Notice of Appeal: No Violation Exists" which has been filed with the Barnstable District Court in accordance with instructions contained within: 1. "Notice of Violation" (copy enclosed) and; 2. Notice of zoning ordinance violation (copy enclosed). Very truly yours, AW J. DUPUY, ESQ.: Enc. .7•�p a � 4 , r - 'own of Barnstable THE T 'legulatory Services i yP�pf �ti� tThomas F.Geilew Director Buildiw division + BARNSTABLE, » Tom Pr.. ,uilding Commissioner 39. � 200 Main Street, Hyannis,MA 02601 �ArED MA'i A Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Matthew J.Dupuy and all persons having notice of this order. As owner/occupant of the premises/structure located at 1321 Bumps River Rd, Centerville; Map 188 Parcel 119,you are hereby notifies;that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date, Sept. 13,2006 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Multifamily use in a single family zone (RD-1). Violation of Town of Barnstable Zoning Ordinances: Chapter 240-11 2. COMMENCE immediately,action to abate this violation. Vacate premises and convert to non- habitable space. SUMMARY OF ACTION TO ABATE: Obtain building permits to reconfigure accessory unit to non-habitable space including the complete elimination of the kAchen and capping all utilities in the wall. order to shsv cap a. u1 0, be .e,u edx©ado o by And,if aggrieved by this notice and, w _ q; � filing p1re tih eoaClerk_ofBarstaf��e�Ja�N"olic l �s .e +, g, gno neo`p W' 0 =a� ©f e>receipt of this order( _,-.�c¢ dan e . Chao A If,at the expiration of the time allowed,actior'to abate this violation has not commenced,further action as the law requires will be taken. order, • Robin C. Giangregorio Zoning Enforcement Officer Q/FORMS/viozonel r rill I M"Iv)E OF OFF ER •' TOWN OF -1 �;...,�• �.><��.�.�_ B72609 Aq}DflESSIOfj qF ENDEy, AR 7 .a 9 ! X v� V u BARNSTABLE CITY.':.PJATE,{)a CODE i - - - I v� .6�q. •� -V r Ylt.i,.{Z N. :,¢.\, �v tl.•.yx i}. 'N 1 'i Y't:��t11 M ii. ., I�//'� .� 1 11 2 i -� V `.. 1) vY�1�- !•'��} 1�. �{,•.- ' '7. 1 a: -fl'.)✓..-1 u� +� d.! I O t TIME AND DATE OF• LATION - W I r r• NOTICE OF /6/. b1 r G LgCATIO 0 VIOLATION (AM / PM)ON ��� 20 l :�� / s Al z . O SIGNATU E Of ENFORCING PEfl$0 �. VIOLATION ` . }. ,1¢ Y �( ,w w - d j d., „)4`t't ^F ti ti ENFORCING DEPT. �h s•'...d.',.f .. - BADGE NO. < OF TOWN r u I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X o ORDINANCE Unable to obtal si nature f offender. Ui o " c Date mailed ~ e-geJ THE NONCRIMINAL.FINE FOR THIS OFFENSE IS LLJ 'REGULATION YOU HAVE THE FOLLOWING ALTERNATIVES —/ - WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL CL ui REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. u+ bei You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P..M.,Monday through Friday,legal holidays excepted, Iy `' before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money.order or postal note to Barnstable Clerk,P.O.Box 24ed W u T Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. Q BA If you desire I contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT D ' BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02 n Attn:21 D Noncriminal Hearings and enclose.a copy I this I � c citation for a hearing. EPARTMENT,FIRST I iu { (3)If you fail to pay the above offense or to r@quest a hearing within 21 days,or if you fall to appear for w t hearing to be due,criminal complaint may be Issued against you. PD he hearing or to pay any fine determined at the 1 ❑ ]HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ — nature i o u1 ,C x i W } 8Ii i� i TO OFFENDER: Failure to obey this notice within 21 days After the date of violation may result in a Place criminal complaint being issued. DO NOT stamp MAIL CASH. Here Post Office will not deliver . without stamp MAIL TO: BARNSTABLE CLERK P.O. BOX 2430 0 HYANNIS, MA 02601-2430 t Is XJ NIQ I - 6� 1 I rI Cqgv D j � W ARDITp JWEENEY, STUSSE, ROB P.C.RTSON & DUPUY, C, 1:• � 017H 5521511 (' ATTORNEYS AT LAW Lu $ . 792 MATTACHEESE PROFESSIONAL BUILDING Q o 25 MID-TECH DRIVE,SUITE C _ ��� _ 09 18/2006 a WEST YARMOUTH,MASSACHUSETTS 02673 J MaileFromO2673 716❑ 59D1 9842 8757 6537• RETURN RECEIPT REQUESTED J c.: Town of Barnstable Clerk's Office 367 Main Street Hyannis, MA 02601 7 V cn EL Z m � LINE 1• C 'N = 3 m p m o � Y C R d � S F Town of Barnstable Growth Managen-WDioarfibotl 5 f63A .•� 367 Main Street,Hyannis,MA 02601 -Ruth J.Weil,Director rEC MP��' Regulatory Review f 'IfJ Thomas A.Broadrick,Director, .200 Main Street,Hyannis,MA 02601 Phone(508)862-4185 Fax(508)862-4725 October 27, 2006 Attorney Charles M. Sabatt Ardito, Sweeney, Stusse, Robertson & Dupuy 25 Mid-Tech Drive — Suite C West Yarmouth, MA 02673 RE: Appeal 2006-100 — Cathleen Foley-Dupuy- 1321 Bumps River Road, Centerville, MA.- Map 188/Parcel 119 -Your letter dated October 20, 2006 Dear Mr. Sabatt, On September 19, 2006, the Town of Barnstable Clerk's Office received, by Certified Mail/Return Receipt Requested, a letter with attachments signed by Matthew J. Dupuy. The same paperwork was also submitted to the Building Division. The content of that letter with the attached notice, �( highlighted the offices in which it was filed, and the certification satisfying the requirements of an appeal of an administrative official under Chapter 40A Section 15 of the Massachusetts General Laws. More specifically, the September 13, 2006 Notice of Zoning Ordinances Violation and Order to Cease, Desist and Abate. The reason for the appeal was cited as "No Violation Exists". Given the strict time frames imposed on those appeals and the fact the Office of the Zoning Board of Appeals has no extension, the appeal was scheduled, legally advertised, and noticed for a public hearing on November 15, 2006 at 8:15 PM. Given that public notice, this appeal can only be withdrawn by a request to the Zoning Board of Appeals. Respectfully, -0— Arthur P. Traczyk, Principal Planner Copy: ZBA File 2006-100 Gail Nightingale,Chairman—Zoning Board of Appeals Jorri--Perry;Building-Commissioner, Christine Palkoski,Regulatory Coordinator Linda Hutchenrider,Town Clerk Ruth J.Weil, Director-Growth Management Department Thomas A. Broadrick, Director-Regulatory Review I �pF1HE Tpy, Town of Barnstable - ? O x x Regulatory Services BMWx x g Y MASS. Thomas F.Geiler,Director �A i6g9. ♦0 rE1639. A Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 April 19 2006 Ms. Cathleen Foley-Dupuy 1277 Bumps River Road Centerville, MA 02632 Re: Illegal apartment—1321 Bumps River Road Centerville, MA 02632 Map 188 Parcel 119 Dear Property Owner: Our records indicate that your house at the above-referenced location is currently being used as a multi-family home, which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty Program • Prove that this is a legal multi-family home. Please contact this office immediately to tell us what direction you wish to take. ISincer", oProgram Zoning Officer Building Department gforms:zoning3 °FINE l°� Town of Barnstable Regulatory Services BMWSTABLE, *` , 9 MASS. g Thomas F.Geiler,Director o;. per` Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4024 Fax: 508-790-6230 June 28, 2006 Ms. Cathleen Foley-Dupuy 1277 Bumps River Road Centerville, MA 02632 RE: Illegal Apartment-1321 Bumps River Road Centerville, MA. 02632 Map : 188 Parcel : 119 Dear Property Owner, This letter is to inform you that you currently are in violation of Barnstable Zoning Ordinance 240-11. You must contact this office by July 28 , 2006 to arrange to bring the above address into compliance or be subject to fines of no more than $300.00 per day of non-compliance. Also no Business Certificate will be issued at this address. Thank you for your attention in this matter. By Order Linda son esty Zoning Enforcement Officer Building Department r I Qzoning5 CA PE CO. ":4RDIT0, SWEENEY, STUSSE; ROBERTSON sc DUPL.IY, P.C. j' ATTORNEYS AT LAW .' _ IL 200 �vutrwm MATTACHEESE'PROFESSIONAL BUILDING +^ � 25 MID TECH DRIVE,SUITE C - - - 07. /.,� m 0606 WEST YARMOUTH,MASSACHUSETTS 02673 (1) Mailed Fram02673 Town of Barnstable Attn: Linda Edson, Amnesty Zoning Enforcement Officer Regulatory Services Building Division 200 Main Street Hvnnnic MA nq/,nl, r«��r�.� ?raycac> - !!!£lltit�lt;111l1444��l�li�'1-l.11��lSlti!!I'��!li�lit.£!�£�4I t � {?: i i iii it ttttit ! t tit i {iIt itt tt t i .� / �� �, J-r-�._ __ � -_ .: _ y. k ... :ti+.. r ,.. . = Le V. .. �. Ace .. . �.. .. F., .e .�. . i r ' ARDITO, SWEENEY;STUSSE, ROBERTSON & DUPUY, P.C. r ATTORNEYS AT LAW 25 MID-TECH DRIVE, SUITE C WEST YARMOUTH, MA 02673 (508) 775-3433 Telephone (508) 790-4778 Facsimile Edward J.Sweeney,Jr. Michael B.Stusse Donna M. Robertson Thomas P.Carpenter Matthew J.Dupuy Kelly S.Jason Charles M. Sabatt Herbert F. Lach,Jr. Tracey L.Taylor Charles J.Ardito P.C. Girard C.Brisbois PLEASE REFER TO FILE NO. July 6, 2006 Town of Barnstable Attn: Linda Edson, Amnesty Zoning Enforcement Officer Regulatory Services Building Division 200 Main Street Hyannis, MA 02601 Dear Ms. Edson, As we have discussed, I have contacted the previous owner of the 2 parcels of real estate located at 1321 Bump Park Road, Centerville, MA. The two bedroom house on the western lot was present prior to 1948. It was substantially upgraded in the early 1950's. A title V septic system was installed, circa 1986/87. The Board of Health should have information regarding same. For your convenience I have enclosed a copy of the Massachusetts General Laws, Chapter 81 L, which governs the matter. Thank you for your assistance and please contact me if you have any questions. Sincerely tt w upuy MJD/cw enc. a , 4Llul, 41 § 81K � . OFFICERS AND EMPLO c a 1j Note 2 ►: 2. Rules and regulations' Su tions of planning board; and it is required In adopting subdivision control law, legisla- planning board adopt,rules and regal - r ture contemplated that planning board should Castle Estates, Inc. v. Park and PlanninQ�s� U insure compliance of subdivision plans not only Medfield(1962) 182 N.E.2d 540,344 g Bd� with zoning bylaws but with rules and regula- Zoning And Planning a 381.5 M 3z y § 81 L. Definitions A A In construing the subdivision control law,.the following words shall have following meaning, unless a contrary intention clearly appears:— t } "Applicant" shall include an owner or his agent or representative or .� assigns. �V "Certified b ' ' `y [or endorsed by] a planning board", as applied to a plan other instrument required or authorized by the subdivision control law t- � be`A �,�� recorded, shall mean, bearing a certification or endorsement signed; � s,' l majority of the members of a planning board, or by its chairman or clerk or an € other person authorized by it to certify or endorse its approval or other actip Y` .r .' and named in a written statement to the.register of deeds and recorder of> . land court, signed by a majority.of the board. theme '' n e "Drainage", shall mean the control of surface water within the tract of,land to be subdivided. "Lot" shall mean an area of land in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings. "Municipal service" shall mean public utilities furnished by the city or,town in which a subdivision is located, such as water, sewerage, gas and ectricity_f. w "Planning board" shall mean a planning board established under sect one eighty-one A, or a board of selectmen acting as a planning board undertsaaiid i'`: section, or a board of survey in a city or town which has accepted zthe r �I provisions of the subdivision control law as provided in section eighty-one N o s corresponding provisions of earlier laws, or has been established by special la V with powers of subdivision control. J. g "Preliminary plan" shall mean a plan of a proposed subdivision or resubd iv, i sion of land drawn on tracing paper, or a print thereof, showing (a) the subdivision name, boundaries, north point, date, scale, legend and title "Prelim ,E n nary Plan"; (b) the names of the record owner and the applicant and the name rm.r^' ,r r of the designer, engineer or surveyor; (c) the names of all abutters,h Pas ' 401 1 and ro determined from the most recent local tax list; (d) the existin osed g p lines of streets, ways, easements and any public areas within the subdivision 1n { a general manner; (e) the proposed system of drainage, including adjacent t J existing natural waterways, in a general manner; (f) the approximate boundary, d t' .lines of proposed lots, with approximate areas and dimensions; (g) the names;, approximate location and widths of adjacent streets; (h) and the topography of " the land in a general manner. v, € a , � "Recorded" shall mean recorded in the registry of deeds of the county . I � r# district in which the land in question is situated, except that, as affectln$� r' registered land, it shall mean filed with the recorder of the land court�a All 226 �, s1 g iy S* Y 44 OFFICERS AND EMPLOYEES 41 § 81L { ` a • 4t ' - .'Register of deeds" shall mean the register of deed F of the county or district llnOwhich the land in question, or the city or town in question, is situated, and, t . -when appropriate, shall include the recorder of the land court. r a gistered mail" shall mean registered or certified mail. 'Registry of deeds" shall mean the registry of deeds of the-county or district which the land in question is situated, and, when appropriate, shall include f ` the; and court. M .i .„Subdivision" shall mean the division of a tract of land into two or more lots i #� ARM-shall include resubdivision, and, when appropriate to the context, shall a `relate to the process of subdivision or the land or territory subdivided; provid- �'f wed;"however, that the division of a tract of land into;two or more lots shall not be ,deemed to constitute a subdivision within the meaning of the subdivision control law if, at the time when it is made, every lot within the tract so divided { has.,;frontage on (a) a public way or a way which the clerk of the city or town certifies is maintained and used as a public way, or (b) a way shown on a plan theretofore approved and endorsed in accordance with the subdivision control 11aw;-or(c) a way in existence when the subdivision control law became effective •� inA he'city or town in which the land lies,having, in the opinion of the planning hoard, sufficient width, suitable grades and adequate construction to provide oVthe needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the' installation of municipal r �. services to serve such land and the buildings erected or to be erected thereon. t tSuch-frontage shall be of at least such distance as is then required by zoning or , other-ordinance orb -law, if an of said city or town for erection of a building Y Y� h' g onsuch lot, and if no distance is so required, such frontage shall be of at least e, yfi f 4twenty feet. Conveyances or other instruments adding to, taking away from, or changing the size and shape of, lots in such a manner as not to leave any lot so ,' 1*.e�.ted>without the fr-o.ntage-above set forth, or the division of.a tract of land �.on;which two�,or-,morel-tbuildngs wereWstandmg he"n'.th_ea ubdivision aNr went=into Pffertrin the rtty�or town ti whicli;:thexland�lic�,into cPp _ rate-Lots a`w of which-once-"of such'Buildings�remains..standm.g,yshah not canstrtutewa subdlyisioni--&, ,��'-""" b £Subdivision control" shall mean the power of regulating the subdivision of l d.granted by the subdivision control law: x�4d4d by:St.1953, c. 674, § 7. Amended by St.1955, c. 411, § 2; St.1956, c. 282; p � 1957; K` �a0t�St.1.965 8. 611�Stt1979, cc5343; St.1958, c. 206, § 1; St.1961; c. 331; St.1963, c. a Historical and Statutory Notes k ,. R , , �Sk 1979; d'the defiIM'Agnition of roved Aug.Age 20, 1979, in- G.L.G 0c.§41, § 81 K, as added by St.1947, c. � c#. § 81F,as added by St.1936,c.211, 227 s ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW 25 MID-TECH DRIVE, SUITE C WEST YARMOUTH, MA 02673 (508) 775-3433 Telephone (508) 790-4778 Facsimile , Edward J.Sweeney,Jr. Thomas P.Carpenter Michael B.Stusse Kelly S.Jason Donna M.Robertson Herbert F. Lach,Jr. Matthew J.Dupuy Tracey L.Taylor Charles M.Sabatt Charles J.Ardito P.C. PLEASE REFER TO FILE NO.G2127D I July 10, 2006 Town of Barnstable Linda Edson, Amnesty Zoning Enforcement Officer Building Division 200 Main Street Hyannis, MA 02601 Re: 1321 Bumps River Road, Centerville, MA 02632 , Dear Ms. Edson, I am in receipt of your letter of June 28, 2006. I do not understand it. Could you please arrange a meeting with Attorney Bob Smith& I? Also, I am enclosing a copy of the 1970 & 1971 Land Court Plans which severed locus (formerly Lot 11, now Lot 13) from the main house (Lot 12). This would not have been possible unless the structure on locus (shown on the 1970 & 1971 plans)predated zoning. Thank you for your assistance in this matter. Very truly:y 13, TTHEW J. DUPUY, ESQ. JD/tlb Enc. cc: Robert Smith, Esq. • B E SUBDIVISION PLAN OF LAND IN BARNSTA L 5087 Nelson Bearse-Richard Lary, Surveyors A November 23, 1971 P- 11C.B. v CS e C4 6 m 0' L.C. P/on /5087 N Cert. No. 2/005 i N B° 42 40 E 1 Jo h b� rV e o ti /Z o 44 z m I � � U �a - T5.82 ? 0 0 �� 9 Q) -V 'h /�p�o�/de J c® • m 444146 bdivision of Lots 9 and 11 own on Plan 15087J led with Cart, of Title No. 5481 gistry District of Barnstable County ve d' 7_02 FlURC � -------------- Copy off art ofplvn LAND REGISTRATION OFFICE DEC. 29,/9 j/ Scale of this plan 50 feet to an inch Record R.C.Woodbury, Engineer ror Court SI1BDIVTSIDN PLAN OF LAND TN FARNSTABLF 15087 Nelson Peruse-Richard Law, Starvoyors Aurust 11, 1070 August 12, 1970 c.e. CS � rn ; NO V �N r ;)o °.r ^ (b 110 Apo f /2 �L i _ Ct V 11185 __ II ,�, % 25/.92 ' C, A � V230.14 I - / I Q gy09 S 090 /6" 30_ W - n ce 4uguslo K Me<gs 00,4" / �4 AVs " `7 v1 .i I r)n r f hots B3 and 5 I n or: Pl •, -,n 15097A l and 15n9711 r;d wl1` ^rt , of Tit,ln Nos. 31.1j0 and 21005 of Rnrnstrihlo Coiinr.y 3rale certificates of tit/e may be Issued for land J/ rn hereon as.Lots:.9..tMg..[z...... ------------- Corr—°fF��,�j',^'�,� �_wt»✓- 5e Court. - LAND PYG/STRA R0N OFFICE X9 Stale of this plan 50 fcct to an inch t Woodbury Enyineer.fur Court r� L-Z..1.9- 0 Recorder I ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, RC. 017 .0, 000 a' _Q _. ATTORNEYS AT LAW , .,. MATTACHEESE PROFESSIONAL BUILDIN_G '- -. •, 25 MID TECH DRIVE,SUITE C - , 11012P 4 CL WEST YARMOUTH;MASSACAUSETtS 02673 - Mailed From02673 Town of Barnstable Linda Edson, Amnesty Zoning Enforcement Officer Building Division 200 Main Street Hyannis, MA 02601 I#l.► -_ .A - - d._... .... .. �_ �,,> y. ,. 4 _� \,� �/ 4 i !i }ii )�ii f F} }j�}� }j }} Fi !� 3 1 lii� } i i � ' /cam, C ice' l:Il � *Purchase today an ay el * 'Z additional travele, *This trip retails for *No blac Call Now! 1 - 7 Days 6 Nights in R If you received this fax in error and would 1� I °FtHE r°wti Town of Barnstable Regulatory Services 9 sARvnscE'MASS. � Thomas F.Geiler,Director E16 p.,A`e Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 April 19 2006 Ms. Cathleen Foley-Dupuy 1277 Bumps River Road Centerville, MA 02632 Re: Illegal apartment—1321 Bumps River Road Centerville, MA 02632 Map 188 Parcel 119 Dear Property Owner: Our records indicate that,your house at the above-referenced location is currently being used as a multi-family home,.which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty Program • Prove that this is a legal multi-family home. Please contact this office immediately to tell us what direction you wish to take. Sincerely, Linda Edson Amnesty Program Zoning Officer ' Building Department gf6rnis:zoning3 1HE Tp� T BARNsrABLE. _ The Town of Barnstable ,a MASS. E1639. Growth Management Department203 367 Main Street,Hyannis,MA 02601 S `'�UL 13 All 8: `,.,9 Office: 508-862-4678 Fax: 508-862-4782 VISION July 1'l, 2006 Ardito, Sweeney, Stusse, Robertson &Dupuy, P.C. Attn: Matthey J. Dupuy, Esq. y 25 Mid-Tech Drive, Suite C West Yarmouth, MA 02673 Re: 1321 Bumps RiRiver /Road Dear Mr. Dupuy, I have reviewed the information provided by you to Ms. Edson in relation to the apartment at the above referenced property. Such information is inadequate to definitively prove that you are permitted to use and maintain two independent dwelling units on the subject property, a three bedroom single family house and a two bedroom cottage. Our records indicate that until the late 1980's the cottage was used as a workshop. At this time, I am requesting that you prove to us,:with documentation, that the cottage on the property is a legal pre-existing nonconforming use. Your prompt attention to this matter will be appreciated. Sincerely, Christine M. Palkoski, Esq. Regulatory Coordinator cc Linda Edson ; f. ` .1 Detail Page 1 of 3 .0 q, � \' aV � � ' Logged In As: Monday, Ap Parcel Lookup Parcel Info ........ ....................... _.......__ ................ Parcel Io :188-119 Develop 0 LOT 12 & Location .1321 BUMPS RIVER ROAD Pri Frontage;210 Sec Road Sec Frontage village CENTERVILLE Fire DistrictC-O-MM Sewer Acct Road Index;0194 Owner Info owner FOLEY-DUPUY, CATHLEEN TR Co-owner Streets 1277 BUMPS RIVER RD Street2 City,CENTERVILLE State MA j zip`02632 Country.US Land Info 9 ' .... Acres=0.73 Use Multi Hses MDL-01 RD1 Nghbd 0106 Zoning Topography Level Road Paved Utilities i Public Water,Gas,Septic Location E Construction Info Building Year .,... _ ..... Roof .... _. _....._. _.,,,,.. .. Exit Built ,1941 Struct'Gable/Hip Wall Wood Shingle Effect'_ � Roof AC _ 1402 Asph/F GIs/Cmp None Area Cover Type Style'Ranch Int D all ..... Bed 3 Bedrooms Wall Rooms (.. ,,, 3,; .. _.. Int _... _ Bath �( � Model ;Residential p 13 Floor —_—_. Rooms Heat .. Total Grade jAverage Minus Type€ Rooms Hot Water 6 Rooms I' Stones'1 Storyund- Fuel OIL. F ation T Ical � Heat YP � Building 2 of 2 http://issgl/intranet/propdata/ParcelDetail.aspx?ID=12839 4/24/2006 ` `Parcel Detail Page 2 of 3 r a Year 1960 Roof Gable/Hip Ext 'Wood Shingle Built' Struct. Wall Effect f911 Roof Asph/F GIs/Cmp Ac`None Area =. Cover Type Int Bed m._ Style:Cottage Wall?Drywall Rooms,2 Bedrooms ,,,,,,,,,,,,,,,,,,,m„.„w,w„.,,,,__,„W,,...,.,.,,.,,,..,.,. .....:...,,.,_,..... Int Bath Model i Residential Floor Rooms,1 Full 31 Grade Average Minus Tee Hot Water Rooms ..__. ypF , Stones 1 Story Heat Oil f Found- Fuel , ation _.. Permit History Issue Date Purpose Permit# Amount Insp Date Comments Visiisto t H ry _.__....__. .. Date Who Purpose 6/29/2001 12:00:00 AM Paul Talbot Meas/Est Sales History .._ _ _... ....._... Line Sale Date OwnerBook/Page Sale P 1 1/23/1997 FOLEY-DUPUY, CATHLEEN TR C143388 2 3/15/1994 DUPUY, MATTHEW J & C133139 3 7/15/1992 FOLEY-DUPUY, CATHLEEN C127243 4 4/15/1992 DUPUY, MATHEW J & C126300 5 3/15/1988 FOLEY-DUPUY, CATHLEEN TRS C113811 6 12/15/1985 DUPUY, ROY L & KEINATH D & C104764 7 9/15/1982 PREBLE, HENRIETTA M C54139 - Assessment History r Save# Year Building Value XF Value. OB Value Land Value Total Para 1 2006 $180,300 $2,400 $0 $199,500 2 2005 $165,700 $2,300 $0 $183,500 3 2004 $133,700 $2,300 $0 $183,500 4 2003 $121,400 $2,300 $0 $56,200 5 2002 $121,400 $2,300 $0 $56,200 6 2001 $95,000 $3,400 $5,900 $56,200 ; 7 2000 $78,900 $3,600 $6,300 $43,400 8 1999 $78,900 $3,600 $5,000 $43,400 9 1998 $78,900 $3,600 $5,000 $43,400 10 1997 $83,200 $0 $0 $43,400 11 1996 $83,200 $0 $0 $43,400 12 1995 $83,200 $0 $0 $43,400 http://issql/intranet/propdata/ParcelDetail.aspx?ID=12839 4/24/2006 iParcel Detail Page 3 of 3 { I 13 1994 $77,100 $0 $0 $54,700 14 1993 $77,100 $0 $0 $54,700 15 1992 $87,800 $0 $0 $60,800 16 1991 $80,100 $0 $0 $86,900 17 1990 $80,100 $0 $0 $86,900 18 1989 $80,100 $0 $0 $86,900 19 1988 $50,100 $0 $0 $43,100 20 1987 $50,100 $0 $0 $43,100 21 1986 $50,100 $0 $0 $43,100 7 Photos http://issql/Intranet/propdata/ParcelDetail.aspx?ID=12839 4/24/2006 Barnstable Assessing Search Results Page 1 of 3 of v3 ' 4 c :t�aarxaa��. s Home: Departments:Assessors Division: Property Assessment Search Results New Search New Interactive Maps >> Owner: 2006 Assessed Values: a� FOLEY-DUPUY, CATHLEEN TR 1321 BUMPS RIVER ROAD Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $ 180,300 $ 180,300 188 /119/ Extra Features: $2,400 $2,400 Outbuildings: $0 $0 Mailing Address Land Value: $ 199,500 $ 199,500 FOLEY-DUPUY,CATHLEEN TR %DUPUY, MATHEW J & Totals $382,200 $382,200 FOLEY-DUPUY, CATHLEEN CENTERVILLE, MA.02632 2006 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $53.40 Fire District Rates Town Barnstable-Residential $1.90 $6.31 Barnstable-Commercial $2.51 Commei C.O.M.M. FD Tax(Residential) $405.13 C.O.M.M.-All Classes $1.06 $6.54 Cotuit FD-All Classes $1.33 Persona Town Tax(Residential) $ 1,780.05 Hyannis-Residential $1.61 $6.49 Hyannis-Commercial $2.50 Other R; W Barnstable-Residential $1.60 Commur W Barnstable-Commercial $2.46 Total: $2,238.58 Construction Details Building Property Sketch Legend Building value $ 180,300 Interior Floors Carpet This property contains multiples Style Ranch Interior Walls Drywall Please use the navigation below the sketch to bro- Model Residential Heat Fuel Oil Grade Average Minus Heat Type Hot Water Stories 1 Story AC Type None l http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO6map.asp?mapparbac... 9/13/2006 I Barnstable Assessing Search Results Page 2 of 3 Exterior Walls Wood Shingle Bedrooms 3 Bedrooms Roof Structure Gable/Hip Bathrooms 1 Full Roof Cover Asph/F GIs/Cmp living area 1244 , Replacement Cost $129887 Year Built 1941 y Depreciation 20 Total.Rooms 6 Rooms r f�3f f �3 Land CODE 1090 Lot Size(Acres) 0.73 Appraised Value $ 199,500 Additional Sketches 1 121 Click Here for print version that displays all ske Assessed Value $ 199,500 ~ SView Interactive Maps > Sales History: Owner: Sale Date Book/Page: Sale Price: FOLEY-DUPUY, CATHLEEN TR Jan 23 1997 12:OOAM C143388 $ 1 DUPUY, MATTHEW J& Mar 15 1994 12:OOAM C133139 $ 1 FOLEY-DUPUY,CATHLEEN Jul 15 1992 12:OOAM C127243 $ 1 DUPUY, MATHEW J& Apr 15 1992 12:OOAM C126300 $ 1 FOLEY-DUPUY, CATHLEEN TRS Mar 15 1988 12:OOAM C113811 $ 1 DUPUY, ROY L&KEINATH D& Dec 15 1985 12:OOAM C104764 $ 130,000 PREBLE, HENRIETTA M Sep 15 1982 12:OOAM C54139 $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL3 Fireplace 1 $2,400 $2,400 Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area (Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic Full Upper 2nd Story http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO6map.asp?mapparbac... 9/13/2006 t # 1302 V., ZJ 1310 1288 - 13( - E „. rv. ,8", 9 � LLJ # 1335 � .. Q 1 Date: December 5, 2006 To: Building File From: R. Giangregorio Re: 1321 Bumps River Rd, Centerville (Dupuy) Owner: Dupuy M&P: 188-119 Zoning: RD-1 Overlay: AP • Complaint received about an illegal apartment in a separate structure. (Spring 06). • Researched revealed a 1973 ZBA decision. • Appeal 1973-50 filed on behalf of Harry&Henrietta Preble sought to change an existing nonconforming use identified as a workshop to a real estate office. • The Board found the nonconforming use was abandoned and denied the appeal on August 20, 1973. • No other form of relief was granted. • Amnesty letter sent to owner by LE on 5/11/06 o Date: September 13, 2006 To: Building File From: R-Giangregorio Re: Violation of Zoning Code Chapter 241 Section 13 Owner: Mathew J Dupuy& Cathleen Foley-Dupuy M&P: 188-119 - .1321 Bumps River Rd, Centerville Zoning: RD-l/AP Received complaint about an illegal apartment in separate structure. A review of the file shows: A 1973 appeal for a special permit to change from one nc use(workshop) to another(RE office). The Board found the preexisting nonconforming use to be abandoned. Appeal.1973-50 was denied. The following plans were submitted by Atty Dupuy in defense of his claim: 1930 plan 3 lots A,B &Mary Grubs 1957 plan 7,6,5 &B 1970 plan 9,10,11,12 1971 plan 14,13,12,10 7/6/06 Claims structure predates zoning and subsequently focuses on subdivision rules ®s. 8/30/06 LE advised this property was subject of a meeting and I was asked to issue a citation. BC asked me to hold off. The file contains the follwong correspondence: 4/19/06 Amnesty letter to C Foley-Dupuy 5/11/06 Letter to LE from M Dupuy 6/28/06 Letter to C from LE 7/6/06 Letter to LE from M Dupuy 7/10/06 Letter to LE from M Dupuy 7/11/06 .Letter to M Dupuy from CP After reviewing the file, it is my position that the use of the structure is subject matter not the structure itself. It is clear that originally the intended use of the subject structure was a workshop. It is also apparent that the conversion of the workshop to a dwelling unit occurred without permits or zoning relief. Consequently, there is no valid claim to nonconforming rights here. Must discontinue un-permitted use of second dwelling unit. 9/13/06 Issued citation& cease &desist letter to M Dupuy. Building Dept. 200 Main Street Hyannis, Ma 02601 Matthew J Dupuy 1277 Bumps River Road Centerville, MA 02632 • OFOFNER �. BAR 12609 . TOWN OF ADDRE Of OFFEND , . 1, BARNSTABLE C STATE, IP CODE t ,'. yFi ►o_ OFFENSE Art6A�S• Tru WHAR\vTti9ARIZ. 1 � V1�' , CL. O _ rFa Mld� 0 -- it TIME AND IYATE OF VIOLAT LOCATION OF VIOLATION Z LIJ NOTICE OF 6:6U A.M P.M.)ON -� 20 0Al YAanws. Ri ; VIOLATION I TU E OF ENFOR G PE 0 ENFORCING DEPT. BA E NO. Uj 0 OF TOWN IHIPEBY ACKNOWLEDGE REC PTq CITATION X a ORDINANCE Lif unable to obtain signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS Date mailed 13-Olv OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL . DISPOSITION WITH NO.RESULTING CRIMINAL RECORD. ru REGULATION a (1)You may elect to pay the.above floe,either by appearing in person'between 8`.30 A.M.and 4;00 P.M.,Monday through Friday,legal holidays excepted, Uj before:The Barnstable Clerk 200 Main Street,Hyannis.MA 02E or by mailing a check,money.order or postal note to Barnstable Clerk,P.O.Box 2430, (Hyannis,MA 02601,WITHIN TWENTY-0NE(21)DAYou desire to contest this matter in a noncriminal pS OF THEggDyAoTE OFyTHIS NOTICE. FIRST &FINSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,do so MA 02630,written Noncriminal Hearings d enclose a copuest to DISTRICT COURT y of this citation for a hearing. . (3)If you fail to pay the above offense or to request a hearing within 21 days,or If you fall to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. l'1 HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of$— Town of Barnstable Regulatory Services F THE T° Thomas F.Geiler,Director Building Division * s1ne 1 Tom Perry,Building Commissioner Mass. p 1 39. ��� 200 Main Street, Hyannis,MA 02601 lE0 MA'i A Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violations) and Order to Cease, Desist and Abate: Matthew J.Dunuy and all persons having notice of this order. As owner/occupant of the premises/structure located at 1321 Bumps River Rd,Centerville;Map 188 Parcel 119,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date, Sept. 13,2006 to: 1. CEASE AND DESIST E%IMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Multifamily use in a single family zone (RD-1). Violation of Town of Barnstable Zoning Ordinances: Chapter 240-11 2. COMMENCE immediately,action to abate this violation. Vacate premises and convert to non- habitable space. SUMMARY OF ACTION TO ABATE: Obtain building permits to reconfigure accessory unit to non-habitable space including the complete elimination of the kitchen and capping all utilities in the wall. And,if aggLieved by this notice and order,to show cause as to why you should not be required to do so,b filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. order, Robin C.Giangregono Zoning Enforcement Officer Q/FORMS/viozonel Town of Barnstable Building Dept. 200 Main Street Hyannis, Ma 02601 Matthew J Dupuy 1277 Bumps River Road Centerville, MA 02632 N OFOFNER BAR 72609 a TOWN OF ADORE OF OF END ' BARNSTABLE G STATE, I CODE-• di 111Q►o_ OFFENSE RAN\S•TARI.E. • ,O 1 I �� ,I'.1f10/� A. !11AJS. y. 'J t V V 1 l V I . hfe MKS LLI J IME AND DATE OF VIOLATI - - - LOCATION OF VIOLATION Z NOTICE OF D: A.M / P.M.)ON . ,20 0 li i a I TU E OF ENFOR G E 0 e ENFORCING DEPT. BA NO. . VIOLATION o I— OF TOWN I HFKBY ACKNOWLEDGE REC PT CITATION X a ORDINANCE lirunatite to obta' signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS 14206. Q� Date mailed 4-1 3-06 a OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL IL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. y REGULATION (1)You may elect to pay the,above fine,either by appearing In person'between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money.order or postal note to Barnstable Clerk,P.O.Box 430, Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. i21 If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNS TABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or If you fall to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. ICI HEREBY ELECT the first option above,confess to the offense charged,and enclose payment In the amount of$ SUBDIVISION PLAN OF LAND IN BARNSTABLB K i5o 8 T Nelson Bears*-Richard Law, Surveyors November 23, 1971 Owl 1 6 a ti� L.C. P/on /30B1 y �� Cerl. No.P/003 �y 4t / Q W blb t M1 1 14 a t' /2 0 0 a " m A � 19Q � � o 75.92 /B 3 W s g rq°oo Subdivision of Lots 9 and 11 shown on Plan 150873 Filed with Corte of Title No. 5481 Registry District of Barnstable County Separate certificate of it/e.1 he issiled for land shown hemm es.l9 c. �4I1 U. -------------------- Copy ai �ofaan .y the A vrt. '— LAND R£6/STRAT/ON 0ARCE DEC.P919N - ----- -- Seek of lhis p►en 5p fort to en inch .W'Ap. Recor R L.Woodbury, n�bner 6,r Covet SUMVISION PLAN OF LAND 7N PARNSTOLR ,5 a 8 7 ' Nelson Pearse-Richard Iow, Survoyore ! August 11, 1970 Au", at 12, 1970 W :]Co. ;0 6 eu Ob G.g N OB° 42' 40* r 0 cB. I o� (p �! ' o' /2 41 c� 10 � C) cl Was t • t � 25/.92 _ c�\� 9 ✓ o°y ie so" w 94 ss i 230./4 t Bqr g90q s o9° re ao w /4upusle K Me/ps �! 3�visior of Lots R and :5 o:;r ��: rl• ^ ].50R7A1 and 150.17Si w rt. of TltIn Mos. 33.41) and 21005 i -:; is;tr;� ?:•'.rSct, of Rarnstl,blo County Separate cerlifitates of title may be issiled for land 15087J1 shown hereon eslols..9..tb/x.G2---------------- - Gpr oF�.1 orp4aa ,0117J2. By the Cowl. [AND REGISTRATION OMICC •--- SEPT 2, 1970---- � scale cr this plan 50 feet too?inch - 191� - 1^'v_' -----I�icordeR�i.�l/ AL.Woodbwy,fnglr+eerlurCourttG &lee I — 1 SUBDIVISION PLAN OF LAND IN BARNSTABLS1141 Nelson Bearsep ,<+ li. 81ahard Lax, Surveyors yilp I+!ilI i September 5, 1959 �. f C.B. C.4 '•�':;� 'a0.00' 0 0 M a r- F Gruber C.e. + 4C \a•� k? 1\0 � 0 1• S i C.B. p 0 0 ° o ' in 1 Z - \A • f "J o 0 0 N 0 N o0 Ao. 5 r. s2 z8 ry Subd I v i si on of Lot A Shown on Plsn 15087A1 1"11ed with Cert. of Title No. 3140 Registry Diptriet of Barnstable County Separate certificates of title may be issued for land shown hereon as Lets-5•E►iw-'T--- ------- copy of tofOn By the Court. LAND RMIS R MN OrRCE an IrA f /r087A PLAN U LAND IN BARNSTABLE Nelson Bearse Surveyor AUGUST 1930 • 3 Mary A..Grube 123.75 \i►o 1 IG s y � v < y �1 p �b 8 3�� ,ObonBoe J B. 1���;E• CAe'9S -l�l•87f-' --•--�---------_ Copy a�painfplen Marked'M' LAND REGISTRATION OFFICE Ara.29.1932. Ansel LI Bearse Sm/c of this pron 60 fed to en inch rx Humphrey, Eri!,wr for Cou t, 48-N . II `• qt- 4 r � EE'E E 8.}{8D47' h R�TI' 136" � ./y �E„ mz 'r .� / E 188046p0p03 _ 5 wo 22, 8. i.. Y .a ... � � �� 188'f19 070 ( � E 1-43'5 s ram#1293 �188D�72 `t� E E N� Gy 11FRI'll,MIN 1 rpm- 1 f g 1 ""T�,sx"�`I V 880�74 _ RM gm SO �rv �w "'� _� � � r;,r•' �W�c -- ,s� I / - �— E El _ f �n'Y'w ''Y t 1 � � 11 r � � � �� '' -- �. �r! � � t m I I } c / T� �3-` r3'�. 'tl - I - .:. ..� �l.3� - "� �^1�G :E n ,.y -