HomeMy WebLinkAbout0053 KEARSARGE AVENUE vr.
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4
m
Town of Barnstable *Permit# ZU71
Expires 6 months from issue date
'PRESS Regulatory Services Fee
P��MI Thomas F.Geiler,Director
Nov 19. BuildingDivision
�012 0 �u/IZ
Tom Perry,CBO, Building Commissioner.
200 Main Street,Hyannis,MA 02601
��W/V A www.town.barnstable.ma.us -
Office: 508-862-4038 ��'
. Fax; 508-790-6230
EXPRESS PERMIT APPLICATION - RESIDENTUL ONLY
Not.Valid without Red X-Press Imprint w f
ap/parcel Number22c', C
operty Address l�a) / ) C'�r sa7� / rt_ k J/�L
Residential Value of Work - 7c�d '� Minimum fee of$25.00 for work under$6000.00
Nner's Name&Address .�=�A� A F�Y l�• !) 1
3 hP5
mtractor's Name �'.e. / otJ. Telephone Number;
ome Improvement Contractor License#(if applicable) /O
mis r's-Licernv#(if-applicable)'
]Workman's Compensation Insurance
Check one:
❑ I am a sole proprietor
❑ I am the Homeowner
❑ I have Worker's Compensation Insurance
surance Company Name
orkman's Comp.Policy#_ (,j Q J.%
°1 (>
opy of Insurance Compliance Certificate must be on file. ,
:rmit Request(check box)
[�Re-roof(stripping old shingles) All construction debris will,be taken to/�/�/�w S-
❑Re-roof(not stripping. Going over existing layers of roof)
[ Re-side J)o F-'� r✓`
Replacement Windows/doors/sliders.`U-Value (maximum.44)
'Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,-etc.
***Note: Pr Owner must sign Property Owner Letter of.Permission;' +
y of the Home ro ement C tractors License is required.
GN 4
Forms:expmtrg
.vise061306 ..
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
d 600 Washington Street
Boston,MA 02111
www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Prunt I,e ilal
Name(Business/Organization/Individual): L'i /){42_—`_ �l.
•Address: /ao -v A). f �`�G► %rto l�j �"��j a
City/State/Zip: Phone:#:;_3 62. 7 _5 `3 79L)
Are you an.employer? Check the appropriate box: Type of project:(requtired):.
�Iam.a employer with � 4. ❑ I am a general contractor and Iemployees(full and/or.part-time).* have hired the sub-contractors 6. ❑New cons .
2.❑ I am a'sole proprietor or partner- listed on the attached sheet. 7. .❑Remodeling
ship and have no employees These sub-contractors have 8. ❑Demolition
working for me in any capacity. employees and have workers'
co insurance.$ , 9. ❑Building addition
[No workers' comp,insurance comp.
required.] 5. ❑ We are a corporation and its 10.❑Electrical.repairs or additions
officers have exercised their
3..❑ I am a homeowner doing all work 11-❑Plumbing repairs or additions
myself. [No workers'comp. right of exemption per MGL 12. 00f repairs
insurance required.]t c. 152, §1(4),and we have no
employees. [No workers' 13.❑ Other
comp, insurance required.]
*Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
$Contractors that check.this box must attached an additional sheet showing the name of the sub-contractors and state whether ornot those entities have
employees: If the sub-contractors have employees,they must provide their workers'comp.policy number.
lam 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.#: •'", f! Expiration Date:
Job SiteAddress:IA3 R,0 5A ej,,P— U-17 City/State/Zip: c s
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 DIA insurance coverage verification.
I do hereby�certi er the pains enalties f perjury that the information provided above i true and correct.
Si Date: 9 / 7
Phone.#:
Official use.only. Do not write in this area,to be completed by city or town officiaL
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
of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the
mr.Pi oLtrustee of an individu 1l .Hnership,association or other legal entity, employing employees. However the
owner of a dwelling-house having not more than three apartments and who resides therein,or the occupant of the
dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house
or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer."
MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or
renewal of a license or permit to-operate a business or to construct buildings in the commonwealth for any
applicant who has not produced acceptable evidence of compliance with the insurance coverage required."
Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall
enter into any contract for:the performance of public work until-acceptable evidence of compliance with the insurance
requirements of this chapter have been presented'to the contracting authority."
Applicants
Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if
necessary,supply sub-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 ro riate 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 permittlicense number which will be used as a reference number. In addition, an applicant
that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current
policy information(if necessary)and under"Job Site Address"the applicant should write"all-locations in city or
town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the
applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each
year.Where a home owner or citizen is obtaining a license or permit not related io any business or commercial venture
(i.e.a dog license or permit to burn leaves-etc.)said person is NOT required to complete this affidavit.
The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions,
please do not hesitate to give us a call.
The Department's address,telephone-and fax number:
Tbe.Commonwealth of Massachusetts
Departratnt of Industrial Accidents
Office of Investigations
600 Washington Street
Boston, MA€-2111
Tel. # 617-727-4900 ext 406 or 1-977-MASSAFB
Fax:9 617-727-7749
Revised 11-22-06
www.mass.gov/dia
,HE r8yy 'Town of Barnstable.
Regulatory Services
" Bn A-%.X Thomas F.Geiler,Director
9 MASS.
ATfo �,, Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,'MA02601
vFww,town.b arnstable.ma.us
Office: 508-862-403 8
Fax: 508-790-6230
Properly Owner Must
• Complete and Sign This Section
If Using A Builder
-e 1✓` , as Owner of the subject property
J P P nY
hereby authorize , ik"I" t2 A.4to act on my behalf,
in all matters relative to work authorized bythis building permit application for: .
\3 v
(Address job)
Signature of Owne 4ate
Print Name
QTORN S:O WNERP ERMIS SION
Unrestricted -Buildings of any use group which Massachusetts -Department of Public Safety
contain less than 35,000 cubic feet(991M )of Board of Building Regulations and Standards `
enclosed space. Construction Supen'isor
License CS-005609
i LAWRENCE H:14NNEY.
i too SULLIVA RD t~i
x {"� a
W YARMOITH MA `02673 T
Failure to possess a current edition of the Massachusetts r 3 }
State Building Code is cause for revocation of this license.
.
For DPS Licensing information visit: www.Mass.Gov/DPS. "` ►4�'�J Expiration
03/08/2014
License or registration valid for individul use only
aa ea'
before the expiration date. If found return to: i e omnia�auren,//o�C�/�/l c� %
_ Office of Consumer Affairs&Bus iness Regulation
Office of Consumer Affairs and Business Regulation - OME IMPROVEMENT CONTRACTOR
10 Park'Plaza-Suite 5170
egistration 101413 Type:
Boston,MA 02116
`Expiration 6/25/201A, Individual
it LAWRENCE K.KENNEY
Lawrence Kenney
Not vkd without mgnature 100 Sullivan Road,
L � . a ' V1I Yarmo°uth,MA 02673 i Undersecretary
btu ! �"
r
Workers Compensation and Employers Liability
Insurance P.......olicy 7A R
N S U R A N C E Policy Number Policy Period
F F.
C O M P A N Y WC 0113246 01/26/2012 01/26/2013
p 12 O1 A M.Siandard Time at the mailing address
26255 American Drive of the insured as stated herein
Renewal Of Trarisact�on
Southfield, MI 48034-6112
WC 0113246 Policy Declaration
1 ::Named Insured and`Mailin. Address
g - g..:; A ent:
LAWRENCE K. KENNEY COCHRANE & PORTER INSURANCE
100 SULLIVAN RD AGENCY INC
WEST YARMOUTH MA 02673-3544 981 WORCESTER STREET
WELLESLEY MA 02482
UNEMPLOYMENT ID# CARRIER# FEIN# Risk ID# Entiry of Insured
24562 105287178 INDIVIDUAL
Other Workplaces Not Shown Above:
2. The Policy Period is from 01/2 6/2 012 to 01/2 6/2 013 12:01 a.m. Standard Time at the Insured's mailing address.
3. A. Workers Compensation Insurance: Part ONE of the policy applies to the Workers Compensation Law of the states
listed here: MA
B. Employers Liability Insurance: Part TWO of the policy applies to work in each state listed in Item 3A.
The limits of our liability under Part TWO are:
Bodily Injury by Accident $ 100, 000 each accident
Bodily Injury by Disease $ 500, 000 policy limit
Bodily Injury by Disease $ 100, 000 each employee
C. Other States Insurance: Part THREE of the policy applies to the states, if any, listed here: All states except North Dakota,
Ohio, Washington, West Virginia, Wyoming, and states designated in item 3.A. above.
D. This policy includes these endorsements and schedules: See attached schedule
4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates, and Rating Plans.
All information required below is subject to verification and change by audit.
Assessments and Taxes SEE EXTENSION OF INFORMATION PAGE
MA $986
If the premium is paid on an installment basis, a$5.00 per payment charge applies.
Total Estimated Annual Premium $ 20, 328
Expense Constant $ 338
Minimum Premium $ 500 Premium Discount $ - 618
❑This is a Three Year Fixed Rate Policy
Deposit Premium $ 21,314
Premium Adjustment Period: ® Annual; ❑ Semiannual; ❑ Quarterly; ❑ Monthly
Countersigned this Day of
Issued Date: 12/14/2 011 Authorized Representative
Issuing Office
wn anrmnix-i iirni TNSIJRf.D COPY
Town of Barnstable *Permit# O CA 4
�-+ h Expires 6 months from issue date
]regulatory Services Fee 3
Thomas F. Geiler,Director
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 PERA TT APPLICATIOINT RESIDENTIAL ONNTLY
Not Valid without Red X-Press Imprint
ap/parcel Number
operty Address JA
]Residential Value of Work Minimum fee of$25.06 for work under $6000.00
uner's Name&Address L�
e 1-5 i (v , AIJJ
mtractor's Name /a - A < fti C vk> <` Telephone Number -6 01-
ome Improvement Contractor License#(if applicable) U /
C3
5astrtiar33"Srvisor�s-fit grist ( app}eabiej �' C' ='P°
]Workman's Compensation.Insurance,
Che one:
SEP 2 9 2009
I am a sole proprietor
❑— the Homeowner OWE OF BARIVSTABLE
Lys have Worker's Compensation Insurance .
surance Company Name xj.5'
orkman's Comp.Policy# C o
opy of Insurance Compliance Certificate must.be on file.
,rmit Request(check box)
❑ Re-roof(stripping old shingles) All construction debris will be taken to
r Re-roof(stripping. CTn
E]"Re-side'3IU Cars
❑ Replacement Windows/doors/sliders. U-Value (maximum-.44)
*Where required: Issuance ofthis.,permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc.
***Note: Pro rty Owner must sign Property Owner Letter'of Permission
copy of the Home Improvement Contractors icense is required.
'LGNATURE
Forms`.expmtrg
;-vise061306
The Commonwealth of Massachusetts
Department of Industrial Accidents
` Office of Investigations
' 600 Washington Street
. Boston,MA 02111
,Y www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Pnrm*ntjLe 'bI
Name(Business/Organization/Individual):
j P io
Address:
City/State/Zip W • Q hone.#:_,d 4 23 j 7-5
Are you an employer? Check the appropriate box: Type of project(required):,
L❑ I am.a employer with�� 4. ❑ I am a general contractor and I
employees(full and/or.part-time).
* have hired the sub-contractors 6. ❑New construction .
2.❑ I am a sole proprietor or partner- listed on the'attached sheet. 7. ❑Remodeling
ship and have no employees These sub-contractors have 8. Q Demolition
working for me in any capacity. employees and have workers'
Building addition
[No workers' comp,in coinsurance P•insurance.$ 9.
required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions
3..0 I am a homeowner doing all work officers have exercised their l l-❑Plumbing repairs or additions
myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs
insurance required.]t C. 152, §1(4),and we have no
employees. [No workers' 13.[_ Other
comp, insurance required.]
*Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
$Contractors that check.this box must attached an additional sheet sbowing the name of the sub-contractors and state whether ornot those entities have
employees: If the sub-contractors have employees,they must provide their workers'comp.policy number.
lam an employer that is providing workers'compensation insurance for my employees. Below is.the policy and job site
information. _
Insurance Company Name: 5 API—
Policy#_.or Self ins.Lic.#:_1/t/ O // 32 4& Expiration Date: I 0! O
C
Job Site Address. � � �� 6't7t .40M-9— City/State/Zip:
Attach a copy of the workers' compensation policy declaration page(showing the policy nu er 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 D or insurance coverage verification.
I do herebX certi er the pains and pen Ities o p rjury that the information provided above is true d correct.
Si Date: G'
Phone#: /7' (�
Official use only. Do not write in this area,to be completed by city or town official
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 Instr°ucti®ns
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,
exp-ress or.implied,oral or written."
An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more
of fae foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the
reaeiveLor_trustee-of an individual.partnership,association or other legal entity,employing employees. However the
owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the
dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house
or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer."
MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or
renewal of a license or permit to'operate a business or to construct buildings in the commonwealth for any
applicant who has not produced:acceptable evidence of compliance with the insurance coverage required."
Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall
enter into any contract for:the performance of public work until-acceptable evidence:of compliance with the insurance
requirements.of this chapter have been presented to the contracting authority."
Applicants
Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if
necessary,supply sub-contractors)name(s),address(es)and phone number(s) along with their certificate(s)of
insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the
members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have
employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial
Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should
be returned to the city or town that the application for the 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
P PP
that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current
policy information(if necessary)and under"Job Site Address"the applicant should write"all-locations in (city or
town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the
applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each
year.Where a home owner or citizen is obtaining a license or permit not related fo any business or commercial venture
(i.e, a dog license or permit to burn leaves-etc.)said person is NOT required to complete this affidavit.
The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions,)
pl-,ase do not hesitate to give us a call.
The Department's address,telephone-and fax number:
The Commonwealth of Massachusetts
Department of Industrial A.oetdents
Office of Investigations
600 WashingtQri Street
Boston,MA 02111
Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE
Fax#617-727-7749
Revised 11-22-06
www.mass.gQv/dia
°FTHE�pk, Town of Bar ns.8.able.
h y
Regulatory Services
jaAmsra8X,
$ Thomas F.Geller,Director
Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,-MA 02601
www.town.barnstable.ma.us
Office: 5 08-862-403 8
Fax: 50.8-790-6230
Property Owner Must
Complete and Sign This Section
If Using A Builder
/-" ,as Owner of the subject property
hereby authorize ,P{�r, to act on my behalf,
in all matters relative to work authorized by this building permit application for: .
(Address o ob)
Signature of Owner e'-�----
1. f:U A JUS ' 'e�--
print Name
QFORMS:O 9FNER?ERMIS SION
Workers Compensation and
STAREmployers Liability insurance Policy
26255 American Drive
I N S U R A N C E .
C o M P A N Y Information Page Southfield, Michigan 48034-6112
A r+jvnber of MeadowbrookO Insurance Group Agency
Renewal Of Policy Period
Policy Number 01/26/2009 to 01/26/2010 0000750
WC0113246 WC0113246
item Named Insured and Address Agent
1. Lawrence K. Kenney Renaissance Insurance Agency, Inc.
100 Sullivan Road 9.81 Worcester Street
West Yarmouth, MA 02673 Wellesley, MA 02482
FED ID Number: 105-28-7178 NCCI Carrier Code No.: 24562 Risk ID No.: 162432
Other workplaces not shown above:None .
Entity: Individual
2. Policy Period: 01/26/2009 to 01/26/201012:01 am standard time at the insured's mailing address.
3A. Workers Compensation Insurance: Part One of the poli e applies Ato the Workers Compensation law and any
occupational disease law of each of the states listed
3B. Employers Liability Insurance: Part Two of the policy applies to Employers Liability insurance for work in each
state listed in Item 3A. The Limits of Liability are:
Bodily Injury by Accident $100,000 Each Accident
Bodily Injury by Disease $500,000 Policy
Employee
Bodily Injury by Disease $100,000
3C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: All states except
ND, OH,WA,WV, WY and states designated in Item 3A of the Information Page.
3D. This policy includes these endorsements and schedules: See attached schedule.
4. The premium for this policy will be determined by our Manual of Rules, Classifications, Rates
and Rating Plans. All information below is subject to verification and change by audit.
Adjustment of premium shall be made at: Policy Expiration
Classification of Operations: See attached schedule
Expense Constant: $338
Minimum Premium: $500
Total Estimated Annual Premium: $11,706
Deposit Premium: $3,513
Change Effective Date: 01t26I2009
Change Reason(s):
_ Change Payroll Exposure �
Countersigned 02/05/2009 By Authorized Agent
DATE
This Information Page with the Workers Compensatioeo andEmployers l
ability fetes theabo e Insurance
number po cy. and
Endorsements, if any, issued to form a part the p
.nrn nn M M (19/A81
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A Board of Building Regulations and Standards, s' _ F i Board of Building Regulations and Standards,.'
Construction Supervisor License Construction Supervisor License
License C3 5609 License: CS WN
5609
T EX0,IMUM 3l8%2010-- 'Ti# 17469 Ez (ration` _
E ,P 3/8/2010 Tr# 17469
Restriction00 .] ', Restriction 00
LAWRENCE K KENNEY LAWRENCE K KENNEY ���
100 SULLIVAN'RD �;�--G= 100'SULLIVAN RD ��_ !y
l 'W YARMOUTH MA 02673 Commiss�oner W YARMOUTH MA 02673
Commissioner
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Board of Building Regulations and Standards`
a4 3o 1pa;aa nano a ssassod
One Ashburton Place Rm 1301
sawoH Cµutg3 Z Boston,Ma.02108
} . aa>sds pasotaua 3a 000`S£ 00::
1'M'k' -•<•wit�hT_A"":.!°'ti'1.l^•'<.+•l!N.W p' �� .- � -. -.. .YF F'. 6*�iH -�-�.--.____���.. ')
f . ZZ6- 4(a
' Town of Barnstable "
Planning Department .
Variance, Min. Lot Area, Min. Width '
and / or in the alternative y
Special Permit, Change from One Non-Conforming use to Another
Staff Report - Appeal No. 1994-10 and 11
Date: January 24,, 1994 r
To: zon'in Bo d of Apals•.
From:
Rober —P: Schernig, Director
Art Traczyk, Principal Planner
Dave- Palmer, Assistant Planner SRD Draft Version
Application Summary
Appeal No. 3 1994-10 and 1994-11
Applicant/Owner: Dolores A. Kurker et al
Address: C/O Hyannis Marine
21 Arlington, Hyannis, MA 02601
Assessors Map/Parcel: 226=146-3; 1.20 Acres ,/'Owned since 1959
Location: y'Kearsar a Avenue W. H annis ort MA
Zoning: „ ' , F RD-1 [Residence D=l District]
zoning overlay District: AP - Aquifer Protection District.
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Applicants Request:' Variance - Section 3-1.1(5) Bulk
. Regulations, 'Minimum Lot Area and Minimum
Lot width
Activity Request: - The applicant is proposing to divide an
existing lot containing two single family,
dwellings into two' lots each containing
one existing dwelling. No new construction
proposed.
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Procedural Provisions:, Section 5-3.3 Special Permit 'Provisions.
Filed, Town Clerk: Dec. 6, 1993, 2:02P AM; to Feb. 2, 194 ZBA
Mtg.
Backgrounds T
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According to the-Assessor's Records, the lot, located' on Kearsarge
Avenue south of Craigville Beach Road in W. Hyannisport ,is 1.2 acres
with the rear lot boundary (to the west) also fronting on Lincoln
Street. -It i' developed with two single-family dwellings. . .The northern' i
2:4 story "old style" dwelling, built in 1903, contains 3,840 sq. ft. of
Gross Floor Area -(GFA) and has 6 bedrooms and 3 Baths with a 1/2
basement. The southern 2.O story "cottage" dwelling, built in 1960, x
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Staff Report - Appeal Nos. 1994-10 1994-11
Bulk variance Special Permit - Rurker
contains 1,320 sq.` ft: GFA and has 3 bedrooms, ;2-baths with no basement.
The structures are presumed to be on a private septic system, however
the Assessor field cards do not indicate any mtility conditions.
According to the ~Plan of Land in West Hyannispart, Ma.. prepared for
Edward Rurker^ by Weller&_Associates, dated October 18, 1993 and
submitted with the application, -the 'northern lot (Lot 7A) will have
41,200 sq. ft. and the southern lot (Lot 7B) will have 11,500 sq. ft.
This Plan has been approved as an Approval Not -Required- (ANR) plan
endorsement.
The residential buildings. have been located on this existing lot prior
to. the March 6,, 1962 adoption of the subdivision Control Law,and are
non-conforming to the zoning ordinance in that there are two residential
structures on one lots.
DEPARTMENT COMMENTS:
1. Appeal No. 1994-10 concerns Section 5-3.2 (3) of the zoning
Ordinance and Section 10 of Mass. General Laws -(MGL) Chapter 40A that
requires the Board be provided with facts which justify the granting-of
the relief sought. The petitioner should be prepared to present the
circumstances relating to soil, shape-, or topography which justifies the
granting of this relief and should also be prepared to substantiate that,'
the granting of the relief will not.be in detriment to`the neighborhood
nor derogate the intent.of the zoning ordinance. '
2. Appeal No. 1994-11 concerns section 4-4.2 (tthange'from one Non- '
Conforming Use to Another) requiring that the —;proposed change is from
one non-conforming use to one other non-conforming use only; that the`
change is no more objectionable or substantially detrimental to the
neighborhood; and that a Special Permit is obtained from the zoning = ' 1
Board of Appeals.
3. The applicant should be prepared to` address the following specific ,.
concerns:
a. That the existing lot with--two residential structures were
legally-non-conforming at the time of adoption of zoning in the area;
b. Indication of the main driveways. shotld' be provided. The
commonly referred property- street address, actual driveway access, and
access for fire department emergency response should all be the same and
as established.by the Fire' Department;
Other Requirements:
4: The lot is located within a WP - -Well Protection overlay District. T
The physical nature of water and septic utility services should be.
clarified. The granting of this relief will s:.tIll require approval. of
the Health Department regarding the existing septic system(s).' to assure.'
that the separation of ownership does not create any problems and the
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operation of existing utilities can meet all health regulations.
Staff Report - Appeal Nos. 1994-10 b 1994-11
Bulk variance & special Permit - Rurker
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SUGGESTED CONDITIONS:
If the Board should find to grant this request for a Variance and/or a
special Permit, it may want to consider the following conditions:
1. The issuance of •this permit is subject to compliance .with all
Health Board regulations.
CC: Building, Commissioned
Board of Health n
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