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PROJECT
NAME:
ADDRESS:
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PERMIT# �j Z
PERMIT DATE:
M/P•
LARGE ROLLED PLANS ARE IN:
BoX f1, �
SLOT
Data entered in MAPS program on: 1e
BY:
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This permit shall not be construed to authorize use of the
premises as enlarged in a way inconsistent with the use to which
they are entitled to be put as a pre—existing non--conformity .
1
C O N T E N T S P A G E NO .
Personal Cover Letter 1
Permit Application 2
Additional Abuttors 3
Abuttors Assessors ' Pages
and Lot Numbers 4
Suni-Sands Condominium
Site Plan of complete
area (wetland & upland ) 5
Unit (#9 ) original
1st floor plan 6
2nd floor preliminary plan 7
Gazza letter to Board of
Health 8 ,-
Title V inspection 9`
Approval letter by
Board of Health 10
Determination by /
Conservation Commission 11 & 12
Suni-Sands Condo Assoc
Meeting - minutes from
2/1/87 (changes ) 13
�pF7NFT0 TOWN OF BARNSTABLE
OFFICE OF
s B LE,AR M"13. i BOARD OF HEALTH1639.
-
y A6B.
o� am k 367 MAIN STREET
HYANNIS, MASS. 02601
# , Decembcer 18, -1987,
'` ` ' + t f 4 Fb.}. 4't•�' f EV,ma's �'� ' a ,!'7' _ '
To Whom It May Concern: 4
Verbal approval was given for the relocation
of two bedrooms at Suni-Sands Condominiums,
Craigville Beach, ' Centerville.
Sincerely,
Jerry Dunning
Health Inspector
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�OFTHE ro�� TOWN OF BARNSTABLE
OFFICE OF
?moo H�s a,
MAS& BOARD OF HEALTH
MA4�.i639 env,
367 MAIN STREET
HYANNIS, MASS. 02601
December 24, 1987
• i
.Joseph Daluz
Building Inspector
Dear Mr. Daluz
Verbal approval was given for the relocation of two bedrooms at
Suni-Sands Condominiums, Cragville Beach, Centerville, provided there
would be no increase in living space.
The original septic system was designed -for 2,200 gallons per day
which will remain the same. The system was also inspected by a licensed
Installer and found to be working adequately.
Sincerely,,
Jeri Dunning
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Health Inspector
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November 28, 1987
Building Inspector
Town of Barnstable
Main Street
Hyannis, Mass. #02601
Att: Mr. Josexh Daluz,
Thought you may want a copy of this letter
we received from D.E.Q.E. to add to my increasing
file.
I hope .you have better neighbors than we do.
Will call you sometime soon for any further
new developments with our 2nd floor project.
Enjoy your Holidays.
S' cere4
Mr. and Mrs. Ga.zza
29 Old Colony Rd.
Arlington, Ma. #02174
tel : 646-7768
I
-I hel
S. Russell Sylva O O
Commissioner
Gilbo+t T.Joly fl //egionai Erviionmental Engineer c(��c�'(Qd,7LLlZli, c(!QI�G'I�UIPi, a4KajAa / &0,99,. 7
.97-1.2.?�, �JI xl 680-6N
November 25, 1987
John J Trainor RE: BARNSTABLE
P.O. Box 2049 Wetlands - Appeal to Determination
Centerville, Massachustts 02632 Concerning Lat 8-20I Craigville
Beach Lane
Dear Mr. Trainor:
Please be`advised that the Department of Emdromertal Quality E yi.*:�eri. ha.�
r
received an appeal to the Determination of Applicability issued on the
above-referenced property, and that, in accordance with General Laws, Chapter 131,
Section 40, the Department of Environmental Quality Engineering will make a
Superseding Determination on whether the area on which the proposed work is to be done
is significant to public or private water supply, to the groundwater supply, to flood
control, to storm damage prevention, to prevention of pollution, to protection of land
containing shellfish or to the protection of fisheries.
No work shall be undertaken at the subject site until the Superseding
Determination is issued by the Department of Environmental Quality Engineering,
and all appeal periods have elapsed.
If you have any questions regarding thus -matter, please cent-
Gayle Garman at the above telephone number.
Very truly yours, _
Elizabeth A. Kouloheras, Acting Chief
Wetlands Section'
EAK/j t
cc: conservation Commission
Robert A. Gazza
.29 Old Colony Apad
rArlington, MA 02174
A� 0 Ylwe Wo e4a& a
�ejicr��inen�ol( .02 (�
S.Russell Sylva
Commissioner ���flQl7i
Gilbert T.Joly 1. Q
Regional Environmental Engineer
- •.� ? 947-Y'.290', 6104 680-68./<
a December 7, 1987
John J. Trainor RE: BAR4STABLE--Wetlands
P.Q. F fn%' 20,49 Determination of Appll ca biI it y va'1"Sita
Centerville, Massachusetts 02632 Concerning Lot 8-20I Craigville
Dear Mr. Trainor: ow Z
The Department of Environmental Quality Engineering has scheduled an on-site
meeting on the above-referenced file for all concerned parties so that the Department
can properly evaluate the situation prior to the issuance of a Superseding
Determination of Applicability in accordance with Chapter 131, Section 40, of the
Gen ws.
Said`met :ng has been scheduled for Friday , December 18, 1987 at
10.30 a.m.
If you have any questions please contact Gavle Garman at
947-1211 ; ext, �RQ,
Very truly yours,
E1i72beth A. Kouloheras, Acting Chief
Wetlands Section
K GG/7t
cc: Conservation Cotmmission
Robert A. Gazza
29 Old Colony Road `7
Arlington, MA 02174
Assessor's office -Ust floor): INE
` Assessor's map and lot number ....01W.--.00� rot`
' Board of Health Ord floor): CONT►�G4
'Sewage Permit number .. N . �li11�!d 112....... u s�"O �1 �i UR GE
mow• r � —� B9Hdn9sT11DLE, i
Engineerinj Department Qrd floor): /Yf t � 'oo ♦�
No a
1639•
J. House number- ........�,....... .........................: P ► �� CFO yp
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Definitive Plan 'Approved by Planning Board ______________
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APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only
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TOWN - OF BARNSTA LE , � '
BUILDING INSPECTOR
APPLICATION FOR PERMIT TO
Ob l"T s
TYPEOF CONSTRUCTION .................�......�.... .......,....................................................................
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?. .. C .............19........
TO THE• INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit,according to the following information:
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Location .. t .. ..........:..1............ U. ........... �... ......:t�....�fx" ...d........:4 r���.. .. .... �.......1"
Proposed Use ....D.6.1_-'` _41h-'a..... .......................... .................................
Zoning District B .f...... A.#. .................:..............Fire District ..............................................................................
th
Name of Owner ... ..`�....:�......f/""....` �1! ''..........Address -1..`..l.J .. ..'. 1.t-4iL.°�r� ,
i t
Name of Builder ,a.. .... .....Address �.....C' ..N.J�5............�� � . . ..
to
Nameof Architect ..........................................:'.......................Address .....................................................................................
Number of Rooms ........ ....................................................Foundation 136(... J
Exterior .If ......................................................Roofing ASR Q7........... ........ ...............................
Floors .............................................................Interior ...............................................
Heating ....................................................................................Plumbing���� . 9V..,Q...).................................
'Fire lace ...... /--a ......................A proximate Cost d�' Q
p . . PP ....................................................................
.. s
Area -- .�..... �r.............
Diagram of Lot and 'Building with Dimensions• Fee
Z a
OCCUPANCY PERMITS.REQUIRED. FOR NEW DWELLINGS
I .hereby agree to conform to all the Rules and Regulations of the Town of Barnstable reggrding the above
construction.
Nam r.:............:
4 .Dz" � Construction Su`pervisor's License ��..�..,1 ........
GAZZA, ROBER'T' A.
No S 0 =Permit for .....
...d..2nd...Floor �.
Re� ds
ycate Bedrooms/Suni San
... . T................ . ..............................
ri
Locatiori .....Unit 9 , 12.. , Crai:gville Beach _ -
G (� ...............................................
F y4 enterville
r`. Owner�.r Robert A....Gazza..........................
Frame
-
Type of--Construction ..... ........ Z.-
Plot - ........ ..... ` Lot ............................... . .
Permit Granted .....,June 14 8 8
....................'..19 >
_ Date of Inspection .`..........................:........19 r
Date Completed ..:... Y........ .........r.
.+n-;I:�, _ .c S�: T.+. �-"'. .... .•; - �•�, - l.e,t_:a;�.,�. Rt.�P'i'. ..,�:.,`Etr't+`r ..:,yi.. .r o tiw .Y. �,r. y ... ... .. .. r4
Assessor's office (1st floor):
Assessor's map and lot number . _ J, . °FINETO
Board of Health (3rd floor): QK C vNTAO4KIT a1� GIN o
Sewage Permit number ... k'..LD tA/ t 77 t�. ����� U sorb FD>�'_ S►�R�GE
"'"' """' ... Z BAUSTLUE, i
Engineekr� Department (3rd floor): # S I /YJ �4L� Np ✓ S '��o rb 9
House number ........:.......................... ........................... !?L 2vw»s e_I�. °,, ale
u(270r Ze
Definitive Plan Approved by Planning Board --------------------------------19________ . leon
APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00•2:00 P.M. only. 1 `�.,1 r 1
TOWN OF BARNSTABLESfi� '�
SUILDIHG INSPECTOR -
APPLICATION FOR PERMIT TO ��(NNZ...........................................................................................................................
TYPE OF CONSTRUCTION ... 0......
TO THE IN U INGS:
The un rsigned hereby applie for a permit according to the following information: al
Locatio I!_. � � ... ... .`..� ....�� .� .......C! ..........c.+.���1.
Proposed Use ......- ,:..�A...A
...� ......1.:..!'. ..n. ..... .. �t 1.,'?...............................................................................
- Zoning District �...... ........!....... � +................................Fire District
Name of Owner � ��'t......!r (7 ..........Address Zq....`wir.)
Name of Builder .. .... ...!.... ... 74f .....Address
it
Nameof Architect ..................................................................Address .................y.......�..........................l....................................
Number of Rooms ........._�?....................................................Foundation"t . ......1� ...... - J ..: C7
Exterior r'� � _" .....................................................Roofing
Floors � f��"��........................................................Interior ' ..}.:... ...............................................
t
Heating ...................................................................................Plumbing t. ^. � �....9, ...Q...?.................................
Fireplace ........ fA............................................................Approximate Co s .�.�...pp. ..........................................Area ... al.... .�..•............
Diagram of Lot and Building with'Dimensions Fee ......f..,5.0........................
OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above_
construction.
r
Name .............y;..:�...,...:::!.,.....�... ..:,.: .,..:..t....�.................
.w,
Construction Supervisor's License .t` :..!. ........
GAZZA, ROBERT A. 61Or
1.=226 008-201
31940 Add 2nd Floor
No ...........t.... Permit for ....................................
RAocate Bedrooms/Suni Sands
................................ ...............................
Location ! ..
Unit 9 g Crai ville Beach
..................... ......................... ...............
Centerville
...............................................................................
Owner Robert A. Gazza
..............................................................
Type of Construction ....Fr.ame..... ........................... ..
...............................................................................
Plot ............................ Lot ................................
Permit Granted ......J.une 14 , 19 88
Date of Inspection ....................................19
Date Completed ......................................19
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Minutes of Open/Public Hearings - March 24, 1988
1988-18 LAWRENCE & BARBARA BEARSE
We have some findings and proposed restrictions - no further discussion -
we `are .not sanctifying anything that might be elicit we are merely modifying
tli-e:. terms and conditions of the prior variance.
Dexter. Bliss made a motion to grant the relief requested to modify the
terms. of the variance on this property (Appeal No. 1971-45) to allow
the accessory building (second dwelling) by deleting the first restriction
that was imposed, namely, the use of the second dwelling be restricted to
members of the petitioner's family, and to affirm the second restriction
that the parcel not be subdivided for conveyance as two separate parcels
in the future, and also that one dwelling be owner occupied. In addition,
that said dwelling not be rented out to anyone other than the owner -
seconded by Gail Nightingale.
The Board, consisting of Dexter Bliss, Gail Nightingale, Luke Lally,
Dick Boy and the Chairman, Ron Jansson, voted unanimously to grant the
relief sought, based upon the findings.
1988-19 MR. & MRS. ROBERT GAZZZA
This petition was first heard at the meeting of March 3, 1988 with the
following Board members in attendance: Luke P. Lally, Dick Boy, Dexter Bliss,
Gail Nightingale and the Chairman, Ron Jansson.
The petitioner proposes to construct a second floor addition to the existing
condo unit #9, Building C, of Suni-Sands Condominium at Map 226, Lot 8-2,
CraigVille Beach Lane, Centerville in an RC zoning district.
The petitioner contends that they have experienced habitual water problems
with dampness and periodic flooding at high tide making the first floor
uninhabitable for sleeping.
The newly proposed addition would relocate the two existing bedrooms
from the first to the second floor. The petitioner will retain the same
number of bedrooms and will utilize the first floor for kitchen, laundry,
television room and storage area.
The Board discussed the proposed addition - it is a fairly large building -
what will the petitioner do with the first floor. It appears that there
never was a special permit issued on this.
Gail Nightingale questions the legal non-conforming use.
There is a letter from an abutter indicating that these conditions do not
-, exist. The abutter stated that they live at property in a lower elevation.
Gail Nightingale feels that we are over extending the use of the property
by allowing this addition - feel that they may be just trying to enlarge
the building - it is too congested there.
:F{ 6.
Minutes of Open/Public Hearings - March 24, 1988
1988-19 MR. & MRS ROBERT GAZZA
Board members Luke Lally and Richard Boy voted at the initial hearing
to grant the petitioner the relief sought.
Dexter Bliss feels that all of the buildings are in a poor location.
The Chairman, Ron Jansson, feels that you have to look at the original
condominium plan.
There was further discussion among the Board members regarding the photos
presented at the hearing.
Present at the original hearing to speak in support of the petition was
Building Inspector, Joseph Daluz who commented that he did not think
there was ever a special permit issued on this - the buildings just existed
and were allowed to be added on to and subdivided. Mr. Daluz has subsequently
submitted a letter to the file with this information.
A motion has been made by Luke Lally and seconded by Richard Boy to grant
the relief based on the findings at the hearing of March 3, 1988.
The Chairman, Ron Jansson, questioned whether there was a condition imposed
that no occupancy other than storage be made of the first floor - it was
discussed, but do not believe that it was made a condition.
Dexter Bliss and Gail Nightingale voted to deny the petition for the
following reasons: after viewing the premises, feel that to enlarge this
building would be an over intensification of the property and also think
that there are other alternative construction techniques which could elevate
the building and solve the water problems, also note that we have denied
similar petitions in that neighborhood previously.
The Chairman, Ron Jansson, cast an affirmative vote in this matter, therefore,
this petition is denied with two negative votes of a five-member Board.
1988-02 JAMES & ELIZABETH SOUZA
This petition was originally heard at the meeting of March 10, 1988 with
the following Board members present: Dexter Bliss, Luke Lally, Gail Nightingale
Ron Jansson and Helen Wirtanen.
Dexter Bliss found that a literal enforcement of the zoning by-law in this
instance would create a hardship on this family.
There are three residential buildings on the property and the applicants
desire to carve out a separate building lot so that the daughter and her
family who have a child with exceptional health problems may live on the
site to be near the grandparents.
The Board reviewed the minutes of the previous hearing and discussed the
merits of the petition. There was some concern expressed about the driveway,
but it appears the petitioners are currently using it as such.
Gazza
29 Old Colony Rd .
Arlington, Mass . #02174
Town of Barnstable
367 Main Street
Hyannis , Mass . #02601
Att : Mr . Joseph Daluz,
Building Commissioner
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March 26, 1982
Tor of Barnstable
Zoning Board of Appeals MAR 2 8 1988
367 Kain Street
Hyannis, Mass . #02601
Att : Mr . Chairman
Re: Appeal No. 1988-19 Gazza
According to a recent telephone conversation with the office
of the Zoning Board we were informed that the Board voted 3 for and
2 against. We understand that we need to have a 4 to 1 vote to pass
our project.
At our original meeting o Mar ��hj', 1988 the Board did not vote
in order to follow up on a que ioned by a board member concerning
any previous restrictions with building permits. Mr . Daluz stated
that he believed there were none but 2 members wanted reassurance.
No other questions , problems and/or concerns were brought to our
attention or to the attention of Mr . Daluz. There was no public
disagreement or any other negative dissatisfaction. We were told
w�did not have to return and that no further public discussion was
necessary.
It is certainly obvious that the 2 members that voted against
the appeal withheld their concerns at the time of the public meeting
therefore denying Mr . Daluz and ourselves the opportunity for rebuttal .
We feel a decision was made based on these concerns and public
discussion was denied to us . The results of which produced a highly
negative influencial impact on the outcome of our appeal .
Mr. Chairman, we would like you to re-examine the protocal of
the procedure of the meeting mentioned above on 3/3/88 and please note
that on yots public -records that these �-issue7_' )that produced 2 negative
votes were concealed' 'from us and any publi c comments . We therefore
would like you to re-open and re-schedule the meeting based on
imcomplete and possibly out-of-order transactions .
.We would also like the Board to know that the following departments
have reviewed and examined our flood problem and have approved our plans :
1 . The Commonwealth of Mass . Dept of Environment Engineering.
2 . Deputy Regional Engineer Mr . Robert P. Fagan
3 . The Barnstable. Conservation Commission
4 . The Barnstable Board of Health
5. The Building Commissioner Mr. Joseph Daluz
Your promptattention would be greatly appreciated . We have been
waiting and planning since July 1987 and this action by the Board of
1 negative vote certainly warrants further examination.
Sincerely,
Mr . and Mrs . Robert Gazza
29 Old Colony Rd .
�nif Arlington, Massa #02174
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�' -FERN & ANDERSON A4
ATTORNEYS AT LAW
A PROFESSIONAL ASSOCIATION
DANIEL J.FERN P. 0.Sox SIB
RICHARD C.ANDERSON 436 MAIN STREET
ROBERT J.DONAHUE HYANNIS,MASSACHUSETTS 02SOI
CHARLES M.SABATT
AREA CODE 7 7S-S 62 S
May 1 y 8, 1988
Joseph Daluz, Building Inspector
Town of Barnstable
Town Hall
Hyannis, MA 02601q,
��Re: Robert A. Gazza et uxg � )
Crai ville Beach Road Centerville. V
Dear Mr. Daluz:
I represent Mr. & Mrs. Robert Gazza, owners of a single-family
dwelling unit in Suni-Sands Condominium, which unit is a free standing struc-
ture forming part of a former cottage colony. The structure is perhaps non-
conforming because it does not sit on a separate lot which meets the current
requirements prescribed by .the zoning by-law.
Based upon a legal opinion I have rendered, they intend to make
application for a building permit to construct a second story onto the
residence, such second story to accommodate the relocation of existing first
floor bedrooms; no additional bedrooms are to be created. The proposed addi-
tion will be contained entirely within the 'bnvelope" of the existing structure
and within the height limitations of the by-law.
I have advised the Gazzas that pursuant to G. L. Ch. 40A, Section
6 and recent case law interpreting same, no zoning relief from the board of
appeals is necessary to permit the issuance of a building permit authorizing
the construction of the proposed addition.
Section 6 is an extraordinarily complex statute, difficult for
lawyers and the judiciary to sometimes fathom.
However, I think it is now clear that a single or two-family resi-
dential structure may be altered, extended, or structurally changed as a
matter of right, if there is a determination by the zoning enforcement_
officer that such alteration, extension, or structural change does not increase
•
Joseph Daluz, Building Inspector
May 18, 1988
Page 2
the nonconforming nature of the structure. If such a determination is made
by the zoning enforcement officer, that is the end of it, and a building
permit should issue. It is only when the zoning enforcement officer deter-
mines that the proposed alteration, extension or structural change of a non-
conforming single or two-family residential structure does increase the non-
conforming nature of the structure that the owner of the structure must go
to the board of appeals seeking a finding by the board that the proposed ex-
tension or alteration is not substantially more detrimental than the existing
nonconforming structure to the neighborhood.
In summary, if there is no increase in the nonconforming nature of
the structure, the board of appeals does not become involved, since the
alteration or extension is permitted as a matter of right. If there is an
increase in the nonconforming nature of the structure, the board of appeals
must address the issue of detriment.
The Gazzas' single-family residential structure is nonconforming
because it does not sit on a one-acre lot. As .no portion of -'.the-addition
would protrude beyond-the footprint of the existing structure, the nature
of the building's nonconformity is in no way increased.
Peace,
i
R" and C. Anderson
RCA:esj
f
IK.rc^ 2E , 198
Toz- c_ ==rnsta�le �i
Zcr_n_ Board of Appeals MAR 2 1988
367 Hain Street
Hyannis, Mass . #02601
Att : Mr .. Chairman
Re : Appeal No . 1988-19 Gazza
According to a recent telephone conversation -with the office
cf the Zoning Board we were informed that the Board voted 3 for .anc
2 ag project .ainst .
our he understand that we need to have a 4 to 1 vote to pas
_
At our original meeting on March 3 , 1988 the Board did not vote
in order to follow up on a question raised by a board member concerning
any previous restrictions with building permits . Mr . Daluz stated
that he believed there were none but 2 members wanted reassurance .
No other- questions , problems and/or concerns were brought to our
attention or to the attention of Mr . Daluz . There was no public
disagreement or any other negative dissatisfaction . We were told
we did not have to return and that no further public discussion was
necessary.
It is certainly obvious that the 2 members that voted against
the appeal withheld their concerns at the time of the public meeting
therefore denying Mr . Daluz and ourselves the opportunity for. rebuttal .
We feel a decision was made based on these concerns and 'public
discussion was denied to us . The results of which produced a highly
negative influential impact on the outcome of our appeal .
Mr . Chairman , we would like you to re-examine the protocal of
the procedure of the meeting mentioned above on 3/3/88 and please note
that on your public records that these . issues that produced 2 negative
votes were concealed from us and any publiic comments . We therefore
would like you to re-open and re-schedule the meeting based on
imcomplete and possibly out-of-order transactions .
We would also like the Board to know that the following departments
have reviewed and examined our flood problem and—have approved our Pla �,.ns
.
I . The Commonwealth of Mass . Dept of Environment Engineering .
2 . Deputy Regional Engineer Mr . Robert P. Fagan
3 . The Barnstable Conservation Commission
4 . The Barnstable Board of Health
5 . The Building Commissioner Mr. Joseph Daluz
Your promptattention would be greatly appreciated . We have been
waiting and planning since July 1987 and this action by the Board of
1 negative vote certainly warrants further examination .
Sincerely,
Mr . and Mrs . Robert Gazza
29 Old Colony Rd .
Arlington , Mass . #02174
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, - Minutes of Open/Public Hearings - March 24, 1988
1988-18 LAWRENCE & BARBARA BEARSE
We have. some findings and proposed restrictions - no further discussion. -
` .we.`are not sanctifying anything that might be elicit we are merely modifying
t-�Pl terms and conditions of the prior variance.
Dexter Bliss made a motion to grant the relief requested, to modify the
terms of the variance on this property (Appeal No. 1971-45) to allow
the accessory building (second dwelling) by deleting the first restriction.
`.that was imposed, namely, the use of the second dwelling be restricted to
•members of the petitioner's family, and to affirm the second restriction
that the parcel not be subdivided for conveyance as two separate parcels
in the future, and also that one dwelling be owner occupied. In addition,
that said dwelling not be rented out to anyone other than the owner -
seconded by Gail Nightingale.
The Board, consisting of Dexter Bliss, Gail Nightingale, Luke Lally,
Dick Boy and the Chairman, Ron Jansson; voted unanimously to grant the
relief sought, based upon the findings.
1988-19 MR. & MRS. ROBERT GAZZZA
This petition was first heard at the meeting of March 3, 1988 with the
following Board members in attendance: Luke P. Lally, Dick Boy, Dexter Blis:
Gail Nightingale and the Chairman, Ron Jansson.
The petitioner proposes to construct a second floor addition to the existing
condo unit #9, Building C, of Suni-Sands Condominium at Map 226, Lot 8-2,
Craigijille Beach Lane, Centerville in an RC zoning district.
The petitioner contends that they have experienced habitual water problems
with dampness and periodic flooding at high tide making the first floor
uninhabitable for sleeping.
The. newly proposed addition would relocate the two existing bedrooms
from the first to the second floor. The petitioner will retain the same
number of bedrooms and will utilize the first floor for kitchen, laundry,
• television room and storage area.
The Board discussed the proposed addition - it is a fairly large building -
what will the petitioner do with the first floor. It appears that there
never was a special permit issued on this.
Gail Nightingale questions the legal non-conforming use.
There is a letter from an abutter indicating that these conditions do not
exist. The abutter stated that they live at property in a lower elevation. .
Gail Nightingale feels that we are over extending the use of the.property
by allowing this addition - feel that they may be just trying to enlarge
the building - it is too congested there.
6.
" .Minutes of Open/Public Hearings - March 24, 1988
1988-19 MR. & MRS ROBERT GAZZA
Board members Luke Lally and Richard Boy voted at the initial hearing
to grant the petitioner the relief sought.
Dexter Bliss feels that all of the buildings are in a poor location.
The Chairman, Ron Jansson, feels that you have to look at the original
condominium plan.
There was further discussion among the Board members regarding the photos
presented at the hearing.
Present at the original hearing to speak in support of the petition was.
Building Inspector, Joseph Daluz who commented that he did not think
there was ever a special permit issued on this - the buildings just existed
and were allowed to be added on to and subdivided. Mr. Daluz has subsequent
submitted a letter to the file with this information.
A motion has been made by Luke Lally and seconded by Richard Boy to grant
the relief based on the findings at the hearing of March 3; 1988.
The Chairman, Ron Jansson, questioned whether there was a condition .imposed
that no occupancy other than storage be made of the first floor - it was
discussed, but do not believe that it was made a condition.
Dexter Bliss and Gail Nightingale voted to deny the petition for the
following reasons: after viewing the premises, feel that to enlarge this
building would be an over intensification of the property and -also think
that there are other alternative construction techniques which could elevate
the building and solve the water problems, also note that we have denied
similar petitions in that neighborhood previously.
The Chairman, Ron Jansson, cast an affirmative vote in this matter, therefor.
this et p ition is denied with two negative votes of a five-member Board.
1988-02 JAMES & ELIZABETH SOUZA
This petition was originally heard at the meeting of March 10, 1.988 with
the following Board members present: Dexter Bliss, Luke Lally, Gail Nighting<
Ron Jansson and Helen Wirtanen.
Dexter Bliss found that a literal enforcement of the zoning by-law in this
instance would create a hardship on this family.
There are three residential buildings on the property and the applicants
desire to carve out a separate building lot so that the daughter and her
family who have a child with exceptional health problems may live on the
site to be near the grandparents.
The Board reviewed the minutes of the previous hearing and discussed the
merits of the petition. There was some concern expressed about the driveway,
but it appears the petitioners are currently using it as such.
•
Board of Health
Barnstable
Gentlemen:
This- is a letter of request to inform you of our
intentions to 'relocate the ground floor rooms to a 2nd . floor.
We have experienced habitual and. excessive water problems
since we took up residence in 1981. These problems are
cdntinual wetness and periodic flooding at high tides.
The . ground floor area is uninhabitable for livin and/or slee nr
g p
due to these problems and should only be used for mist. storage
such as la.wn., garden, beach, bikingequipment and any other
items that are usually stored, in the equivalency of a garage.
Our intention is to relocate these 2 bedrooms from the
lst floor to a 2nd floor. There will be no increase in
sleeping areas. We will have 2 ,bedrooms:. .; :,-
We hope you. will understand the predicament of our
home and the sincerity of our intentions.
Thank you for your time and attentions, we remain,
"ncerely urs,
r. A Mr s. Fio rt Ga z za
Suni-Sands Condominiums
Cra.igville Beach, Centerville
mailing: P.O-Box 778 tel: 771-9534 (and/or) . 646-77E
W.Hya.nnisport,flia. #02672
•
JOSEPH D. DALUZ " TELEPHONE: 77&1120
Building Commissioner EXT. 107
TOWN OF BARNSTABLE
BUILDING INSPECTOR
TOWN OFFICE BUILDING
HYANNIS, MASS. 02601
July 29, 1981
Board of Selectmen:
On July 22nd, I made an inspection�of ,thee:Sun ' SandsMo e-1 inaz �t e '
I met with Mr. Johnson and reviewed each lof he-19"units`which°are now-
not licensed by the Board of Health as motel units. I was patticularly
interested as whether or not additions were made to the units. It is
quite obvious that no alterations have been made in years as the colonization
of the shingles .and trim would- indicate. The perimeter trim on each
unit has been painted. The plumbing ir>�the units are not of todays modern
style. They have existed for some time.
I learned that Mr. Jim Pendergast was the owner of this property— On
November 25, 1958 Mr. -Pendergast was granted by the Board of Appeals,
permission to build duplex cottages on 12 lots, appeals #1958-23. I also
learned from Mr.. Pe rl.ergast that he had added one bedroom additions to
5 of the -units and he states that he had to go.'to court for the additions
and installation of nw septic systems.
Nevertheless, Mr. Johnson states that since he has hadthe units approximately
6 years, nothing has been done with the units other than maintenance.
Here is a small description of the existing units:
a. 4 units attached with rooms only
b. 4 detached units each with'2 bedrooms and kitchens
c. l duplex, with 2 bedrooms each side with kitchens
d. 4 attached units as efficiencies
e. There are presently 5 motel units on Craigville ,
Beach Road.
I must conclude that the appearances of the existing units indicate that
there have been no renovations, extensions or additions, including
appliances, to the above mentioned.
eace,
cc. Town Counsel E DAo
uilding Insp.
i
TOWN CLERK
TOWN OF BARNSTABLE BAR�,cTt.1^ r ?,:a
-ZONING BOARD OF APPEALS '88 ABR -8 A10 .21
SPECIAL PERMIT DECISION AND NOTICE
PETITION NO: 'PETITIONER: MR. Mr S. ROBE�F'"jA GAZZ
At a -re+gularly scheduled hearing, held on March 33, 1'-�
notice of which was duly published in the Barnstable Patriot, and
notice of which was forwarded to all interested parties pursuant
to Criapter 4-0A of the General Laws, of rlassachLtSettS, the
.Petitioner requested a Special Permit pursuant to section 4-4. 2 to
expand an existing non-conforming structure, of the Town of
Barnstab.le's Zoning Bylaws for the property located at Craigville
Beach Lane, Centerville.
The applicants stated that they wished to add a second story
r -c -�L-o their existingsingle single-story house which contains appro::.•:i mate ly
=,00 square feet. "fhe house is part of a former cottage colony
which has, been .converted to a condominium.
The applicant stated that the purpose of the second floor
addition . was to relocate -bedrooms to the second floor because of
dampness caused by high water. The existing first: floor, would be
used in part as storage, and for living area, including the
existing kitchen.
I
PAGE 2
Findings of Fact
Based upon the evidence submitted, the following findings
were made by the members of the Board:
1 ) The applicant's house is a fairly large building on
a congested site which contains lc U1in s on a 3. 1
acre lot. To enlarge this building would be an
over-intensification of this site. The area is zoned
for single-family .dwellings on a minimum lot ' size of
one acre and this locus far exceeds this density;
2) The building is poorly located at a low elevation
within the flood plain and adjacent to the tidal
portion of the Centerville River. The Petitioner"s
house is located at elevation 7. 0 feet. Other cottages
within the colony are similarly located; some are at
even lower elevations. Under existing bylaws and
regulations, buildings at these low elevations would
not be permitted today. It would be most detrimental
to allow an increase in the size of buildings at this
low elevation;
3) That there are other construction techniques for
elevating the building and solving the water problems
the petitioner complains of etc . ;
4) Similar petitions have been denied in this
particular neighborhood in the past because of the
reasons stated above.
At a public hearing held on March 24, 19sa, the Zoning Board
of Appeals, by a split vote, denied the Special Permit sought .
page 1
4
Board of Appeals
Town Hall
Hyannis , Ma . #02601
This petition for the addition of a 2nd floor comes to
you out of necessity . We have been subject to a hardship
that can be eliminated by this addition. We need to relocate
the 2 bedrooms from the lst floor to the 2nd floor for the
sake of the health of our family. _ Within the past 2 years
we have had 3 members of our family suffer from pneumonia .
All 3 were visiting us at different times at this site .
When our 5yr . old granddaughter almost didn ' t survive we
decided to move the sleeping quarters to a 2nd floor . The
1st floor is' wet and damp most of the time . This is caused
by the excessive high tides from the Centerville River which
runs along our back yard . This happens quite often and the
ground level never really dries .
We hope you will understand the necessity and the
hardship that requires this change .
Sincerely
Mr . and Mrs . Robert Gazza
29 Old Colony Rd .
Arlington , Ma . #02174
APPEAL NO.
\6yo39
O '
•
rE0 MO - -
TOWN OF BARNSTABLE
PETITION FOR Special Permit UNDER THE ZONING BYLAW
To the Board of Appeals, .
Town Hall, Hyannis, MA 02601 DatedanuarY &- 19 88
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 bylaw to the following described premises.
Applicant: Mr . & Mrs Robert A. Ga a (617)646 7768
(Full Name) (Telephone Number)
Address: 29 Old Colony Road , Arlington , Maser #02174
Owner: (same)
(Full Name) (Telephone Number)
Address:
Prior Owner of record on -Hine 3 , I gales T'-hngon geld to RudnielE,Trustee of
Tenant (if any): Craigville Beach Nominee Trust (Suni Sands Resort Condo. Inv, Inc
(Full Name) (Telephone Number)
If Applicant other than Owner of property - state nature of interest
1. Assessors map and lot number 2 2 6-0 0 8-2 0 I #8-2
2. Location of Premises C r a i g v i 1 1 e Re a r-h „ _� Village r e n t - �r__r i 1
(Name of Street) (What section of Town)
3. Dimensions of lot approx. 40 ' 15 , 59n ( � )
(Frontage) (Depth) (Square Feet)
4. Zoning district in which premises are located Barnstable Residential C
5. How long has owner had title to the above premises? June 30, 1982
6. How many buildings are now on the lot? 1 hu i 1 d i n g - u n i f #9 B l d , e
7. Give size of existing buildings same a G ahnve
Proposed buildings add a gernnd f 1 oor
8. State present use of premises residential
9. State proposed use of premises re,G i d n t i a 1
10. Give extent of proposed construction or alterations:rel n_r•a t-i on of tYo1st flour badrooalg
to the 2nd floor , FreQuent flondinq frnm i-.hp (1Pntarir313g River and
storm hi h tides have caused hardship for sleepina5l5d livina in a damp
and wet area . See our letter to the Board of Health) no additional bedroo
11. Number of living units for which building is to be arranged one —
12. Have you submitted plans for above to the Building Inspector? Yes
13. Has he refused a permit?_ F O S
14. What section of zoning bylaw do you ask to be varied? P & >d Sp;.ni al EXC.)e-pt i nn
15. State reasons for variance or special and v. l- ve
water problems . We have continual wetness,dampness and perindic flooding
at high tides . The ground floor is uninhabitual for luting , and/or sleep-
ing. Our intention is to relocate the 2 bedrooms froru the Ist floor to a
2nd floor THERE WILL BE NO INCREASE IN SLEEPING AREAS. WE WILL REMAIN
WITH p Y THE ORIGINAL 2 BEDROOMS We hope you understand Our
_ WITH .THE _
the 1st floor will then be kitchen laundry,playroom(T-V. ) &Stnra onlyl .
r
See our letter -to the Board of Health
.'also our letter to the Conservation Commission.
(over)
The following are the names and mailing addresses of the abutting owners of property and the names and addresses
of the owners of property abutting the abutting owners of property and the names and addresses of the owners across the
street all with their corresponding map and lot numbers according to the records in the Assessor's Office at the date of
this application:
Please type or print only.
Map Lot# Name Address Zip Code
(see attached
226 008 . 20 John Wilson, President P.O.Box 552 sheet for indiv.
Suni Sands Condo Dudley,Ma .#01570 owners within
Suni-Sands Condo
226 008 001 Vivian Trust 35 Carla Rd .
Spiros A & Eleni Balodimas Hyannis ,Ma . #02601
226 009) Christian Camp Meeting Richard Ireland , P .O .Box 2520
226 182 � Craigville Conference, So. Hamilton, Ma . #01982
226-002 Olga E. Fuller So. Main Street
Thomas C. Waterman Centerville , Ma . #02630
226-004 Jeremiah J . Cronin Off Crajaville Beach Rd .
Centerville , Ma . #02630
226-005 Burton D.Ross 319 Azrowhead Rb Barbara N.Ross Hyannis , Mass . # z601
226-006 Zelechowski , P.O.Box 736
Antoni & Krystyna Barnstable. Mass . #02630
226-007 Sinitris , William G. P.O.Box 458
& Rondi Kacherian Centerville, Ma . #02630
2,26-031 Margaret McClear 737 No .Harper Ave .
West Hollywood , California #90046
226-192 Hostetter , Daniel 5 Elliott Rd .
& Priscilla Centerville , Ma . #02632
206-094 Stephen Doran Lexington, Ma .M Bedford St .
206-013 Town of Barnstable 367 Main Street
Hyannis , Ma . #02601
Use additional separate sheet and so note if necessary
There must be submitted with the application at the time of filing, a plan of the land, (Five [5] Copies) 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.
(All three of the above drawn to scale)
Applications filed without such plans will be returned without action by the Board of Appeals.
Respectfully submitted,
(Signature)
(Address) 29 Old Colony Rd, Arl i n lon.,Ma
Tel. No. ( 617) 646-7768
* Please submit 5 copies of petition form.
* Filing fee of-17-5reored with this petition
i
:ADDITIONAL ABUTTORS p
SUNI SANDS CONDOMINIUM OWNERS
226-008. 20 A,B,C ,D Flagg Rd .Realty Trust
John Trainor
P.O.Box 2049
Centerville , Mass .. #02632
226-008. 20 E,F,G,H John Wilson, President
Suni Sanda Condo (listed on
P.O.Box 552 previous page)
Dudley, Ma . #01570
226-008 . 20 I Gazza (we are petitioning)
226-008. 20 J Anthony Averinos
Off Centervill Ave .
Centerville , Ma . #6Z532
226-008 . 20 K Peter & Betty Aucoin
RR #1 Fox Rd.
Putnam, Conn . #06260
226-008 . 20 L Mark Chasson
586 Strawberry Hill Rd .
Centerville , Ma . #02632
226-008 . 20 M Maureen Spillane
122 Fulton St . Apt . #17
Boston, Mass . #02109
226-008. 20 N Ted & Janet Steeves
98 High Street
Ashland, Ma . #01721
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Board of health
Barnstable
Gentlemen :
This is a letter of request to inform you of our
intentions to relocate the ground floor rooms to a 2nd floor.
We have experienced habitual and excessive water problems
since we took up residence in 1981 . These problems Pre
continual wetness and periodic flooding at high tides.
The ground floor area. is uninhabitable for living and/or sleeping
due to these problems and should only be used for mist. storage
such -s lawn, garden, beach, bixingequipment and any other
items that are usually stored in the equivalency of a garage. ,
Our intention is to relocate these 2 bedrooms from the
lst floor to a 2nd floor. There will be no increase in
Q
,:lee in areas. rie- will have bedroom
sleeping 2 s.
we hope you will understand the pr edicar_ent of our
home and the sincerity of our intentions.
Thank you for your time and attentions, we remain,•
sincerely yours,
i,!r. and Nirs. Robert Gazza
6uni-6ands Condominiums
:raigville beach, Oentervill'e
mailing: 1.0- box 778 tel: 771-9534 (and/or) 646-7768
W.hyannisport, ff02672
# Pa e
110
350 Main St. a W. Yarmouth, MA 02673 a 775-6264
Division of Canco Energy Corporation Septic Services o Pumping o Installation
September 1, 1987
Reference: Septic evaluation, Mrs. Gazza, Sunni Sands Condo Village,
Craigville, MA.
To whom it may concern:
The septic system at Mrs. Gazza, Sunni Sands Condo Village,
Craigville, MA was evaluated by A&B/Canco on August 31, 1987.
The septic system is as shown on the engineered plans date 2/21/82 by
William Lieberman, PE. This system consists of (1) 3,500 gallon
septic tank connecting to a pump chamber with duplex pumps. The
pumping system pumps to a distribution box which connects to (3) rows
.of "L" style flowdiffusers with 4' of-washed, packed stone around.
This system was found to be in good condition and has been maintained
on an annual basis. The pump station and leaching facility appear to
be functioning normally.
This system does meet the requirements of the State Environmental
Code, Title 5, minimum requirements for the sub-surface disposal of
sanitary sewage. The system was found to be in good condition and
should effectively service the dwellings at their present usage.
If you have any questions, please call me at 775-6264 between 8:00a.m.
and 4:30p.m. , Monday through Friday.
Sincerely,
Scott Cannon
A&B/Canco
I�
y FTHETp� TOWN OF BARNSTA13LE
� OFFICE OF
i BAH MASG* E,
: BOARD OF HEALTH
q.
� ASB.
pp i63 ��
�UE9�� 367 MAIN STREET
HYANNIS, MASS. 02601
December 24, 1987
Joseph Daluz
Building Inspector
Dear Mr. Daluz
Verbal approval was given for the relocation of tw
o bedrooms at
Suni-Sands Condominiums, Cragville Beach; Centerville, provided there
would be no increase in living space.
The original septic system was designed for 2,200 gallons per day
which will remain the same. The system was also inspected by a licensed
Installer and found to be working adequately.
Sincerely,
ysJerry Dunning
Health Inspector
JD/kt
9
_ Commonwealth
o Massachusetts >p r.,a
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'FD IfA,(k
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L.c. 131, §40
TOWN OF BARNSTABLE BY-LAWS, CH. 3, ARTICLE XXVII
From Town of Barnstable Conservation Commission Issuing Authority
To Robert A. Gazza Same
(Name of person making request) (Name of property owner)
29 Old Colony Rd.
Address Arlington, MA 02174 Address
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
f. by certified mail, return receipt requested on October 15, 1987 (date)
Pursuant to the authority of G.L. c. 131, § 40 and Chap. 3 Article XXVII of the Town of Barnstable By-Laws.
the Barnstable Conservation Commission has considered your request for a Determination of Applicability and
its supporting documentation, and has made the following determination (check whichever is applicable):
This Determination is positive:
1. ❑ The area described below,which includes alllpart of the area described in your request,is an Area Subject
to Protection Under the Act.Therefore,any removing,filling,or dredging or.altering of that area requires
the filing of a Notice of Intent.
2. ❑ The work described below,which includes all/part of the work described in your request,is within an Area
Subject to Protection Under the Act and will remove, fill,dredge or alter that area.Therefore, said work
requires the filing of a Notice of Intent.
3. ❑ The work described below, which includes all/part of the work described in your request, is within the
Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection-Under the Act.
Therefore, said work requires the filing of a Notice of Intent.
P a q e 12
i
This Determination is negative:
1. ❑ The area described in your request is not an Area Subject to Protection Under the Act.
2. ❑ The work described in your request is within an Area Subject to Protection Under the Act, but will not
remove,fill,dredge,or alter that area.Therefore,said work does not require the filing of a Notice of Intent
provided that the following conditions are met;
�3. (TX The work described in your request is within the Buffer Zone, as defined in the regulations, but will not
alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of
a Notice of Intent provided that the following conditions are met;
}� 1. Approval shall be contingent upon approval of the existing septic system
by the Board of Health.
2. The work limit for the project shall be established at the existing edge
of lawn.
3. Dry wells shall be installed to handle roon runoff.
4. The bluestone driveway area shall serve as the staging area for all site
improvements.
4. ❑ The area described in your request is Subject to Protection Under the Act, but since the work described
therein meets the requirements for the following exemption, as specified in the Act and the regulations,
no Notice of Intent is required:
Issued by the Town of Barnstable Conservation Commission
Signatures)
IF
Jl --�-
This Determination must be signed by a majority of the Conservation Commission.
On this 15th day of October 19 87 before me
personally appeared Susan L. Nickerson to me knowr_ to be the
person described in, and who executed,the foregoing instrument, and acknowledged that he/she ex3cuted.the same
,74eract and deeda=,ol 4�/L- November 28r 1991 My commission expires
This Determination does not relieve the applicant from complying with all other applicable federal,state or local statutes,ordinances,bylaws or regulations.'Chis Determination
shall be valid for three years from the date of issuance
The applicant.the owner,any person aggrieved by this Determination.any owner of land abutting the land upon which the proposed work is to be done.or any ten
residence of the city or town in which such land is located are hereby notified of their right to request the Department of Environmental Quality Engineering to issue
a Superseding Determination of Applicability,providing the request is made by certified mail or hand delivery to the Department within ten days from the date of
issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant.
L
Present: Peter '& Betty Aucoin
uny Averinoe Page 13,
SUNI SANDS COND6MINIUM Angela n Bob Gassy i
ASSOCIATION MEETING An i Pat Hall �
Feb. 1, 19
87 Toad h Jan Steeves �t
John Trainor
John 8 Harriet Wilson
Absent: Maureen Spillane
I
Peter Aucoin opened the meeting. The May 199 1983 minutes were
read. Accepted by Ted Steeves. All approved.
Angela Gazza read the financial report. John Trainor questioned
disbursement of $153.28 to repair sewer pips at building C
(Gassa cottage). Peter made the motion that common ground area
is the responsibility of all condo ownars, unless destroyed by
the individual owner or hired help. Pat Hall seconded. Bob
Gszsa withdrew the motion for payment of the $133.28 for pipe
re0air. Angela and Bob will pay the $153.28. Ted Steeves . .
seconded. Financial report was accepted.
Peter Aucoin made the motion for election of officers, ubminated ;
Tony Avarinos and Maureen Spillane for Board of Managers, John
Wilson for President, Harriet Wilson for Secretary, and Jan
Steeves for Treasurer. All approved.
Peter Aucoin stated the need to file a Certificate of Registry
of- Deeds for unit changes.
New budget discussed. Peter Aucoin suggested rounding It off at
$5900. All agreed. Copy attached.
a
. j
� New Business:
r
Pater and Batty Aucoin want to erect a privacy fence between their
# emit and the Hall's unit. Ted Steeves seconded. All &Moved.
Discussion of Suni Sands Motel problems
Their fence is on our land and is in used of repair.
Um-egistered vehicles and debris on their property is eyesore.
John Trainor will go to Selectmen as representative of Suni
ft Sands Condominius Association and file a complaint. Will, _get
3f a copy of complaint for our records. *-v.
All agreed that Unit Owners cant meloe changes if they can get
,r the necessary permits.
Peter Aucoin advised John Wilson that his first order of
{ business should be to file a new Certificate of Officers.
John Wilson set next meeting for Sunday October 23, 1987.
All agreed.
John Wilson will got a copy of DEqE permit.
John Trainor will put up No Tresspassing sign.
i
Meeting adjourned.
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Fai 2
Of _5 K-'bert Anzela Gazza
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Department of Environmental Quality Engineering Issuing Authority
To Robert & Angela Gazza Same
(Name of person making request) (Name of property owner)
Address 29 Old Colony Road, Arlington,MA Address
This determination is issued and delivered as follows:.
❑ by hand delivery to person making request on (date)
® by certified mail, return receipt requested on P`ch 22, 1988 (date)
Pursuant to the authority of G.L. c. 131, §40, the DEQE
has considered your request for a Determination of Applicability and its supporting documentation, and has
made the following determination(check whichever is applicable): on the plan titled Gazza Residence,
2rd Floor Renovations, dated 7/25/87.
This Determination is positive:
1. ❑ The area described below, which includes all/part of the area described in your request, is an Area
Subject to Protection Under the Act.Therefore, any removing, filling, dredging or altering of that
area requires the filing of a Notice of Intent.
2. ❑ The work described below,which includes all/part of the work described in your request, is within
an Area Subject to Protection Under the Act and will remove,fill, dredge or alter that area.There-
fore, said work requires the filing of a Notice of Intent.
2-1
Is,
3- C The work descsbed beloa�r.t�e+hsch i�td'es a:'3*t of tt�wr, wed in y'�r is within
>lgh,,e� Bu3fferr Zom ae�s, t��..•;,.�n the re:;.�arm.and wit ai t�ar+Area to Proaeoer lamer
This Determination is negative:
1. C The area descried in your request is not an Area Subject to Protection Under the Act.
2. E The work described in your request is within an Area Subject to Protecton Under the Act,but will
not remove, fill, dredge,or alter that area.Therefore, said work does not require the Bing of a
Notice of Intent, provided the following conditions are met: SEE ATTACHED SHEET.
3. D The work described in your request is within the Buffer Zone,as defined in the regulations, but will
not alter an Area Subject to Protection Under the Act.Therefore, said work does not require the
filing of a Notice of Intent.
4. El The area described in your request is Subject to Protection Under the Act, but since the work
described therein meets the requirements for the following exemption,as specified in the Act and
the regulations, no Notice of Intent is required:
Issued by the Depart e of environmental Quality Engineering.
Signature /_,!
obert P. Fagan, Deputy Regional Environmental Engineer
On this a'L�� day of n�-�t,c,r.l 19 EP , before me
personally appeared Robert P. Fagan , to me known to be the
person described in, and who executed, the foregoing instrument, and acknowledged that he/she executed
the same as his/her free act and deed.
Notary PubIJ My commission expires
F/GG/jt
This Superseding Determination does not relieve the applicant from complying with all other applicable federal.state or local statutes.
ordinances,by-laws or regulations.This Superseding Determination shall be valid for three years from the date of issuance.
The applicant,the owner,any person aggrieved by this Superseding Determination,any owner of land abutting the land upon which the
proposed work is to be done,or any ten persons pursuant to G.L.c.30A,§10A,are hereby notified of their right to request an adjudica-
tory hearing pursuant to G.L.c.30A,§10,providing the request is made by certified mail or hand delivery to the Department within ten
days from the date of issuance of this Superseding Determination,and is addressed to:Docket Clerk.Office of General Counsel,
Department of Environmental Quality Engineering,One Winter Street,Boston,MA 02108.A copy of the request shall at the same time
be sent by certified mail or hand delivery to the conservation commission,the applicant,and any other party.
A Notice of Claim for an Adjudicatory Hearing shall comply with the Department's Rules for Adjudicatory Proceedings,310 CMR
1.01(6),and shall contain the following information:
(a) the DEOE Wetlands File Number,name of the applicant,and address of the project;
(b) the complete name,address and telephone number of the party filing the request,and,if represented by counsel,the name and
address of the attorney;
(c) the names and addresses of all other parties,if known; "
(d) a clear and concise statement of(1)the facts which are grounds for the proceeding,(2)the objections to this Superseding Deter.
' mination,including specifically the manner in which it is alleged to be inconsistent with the Department's Wetlands Reoulations.
(310 CMR 10.00) and(3)the relief sought through the adludicatory hearing,including specifically the changes desired in the
Superseding Determination;
(e) a statement that a copy of the request has been sent to the applicant,the conservation commission and each other party or repre-
sentative of such party,if known.
Failure to submit all necessary information may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hearing.
2-2B
Be :ic c AzIlicability for Robert � Angela Gazza
a. A Work limit shall be established by staking a continuous row of staked hay
bales at the existing edge of lawn.
b. Run-off from the roof shall be directed by gutters and downspouts to dry wells,
or french drains at least 12 inches deep shall be installed at all drip lines.
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