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HomeMy WebLinkAbout0050 PHEASANT WAY , a , v n . a u v - r r. : 41 m - ��. f. • � ,- 4• ,G .. 00, .•a -- �-*n'„�.!e"--fie.--..wt,...�.. ::, ,.... �y � .. z ri o tl r an 1521f3 sorizi. Taps-Pluw�f ;CUt1t' rrt� x . .. _ a � ., a � ., o � .. - ,. � �,,�.. n �'�� -, � . -� . . . . � f� �. .. ' .. �3. .. '. - ^ �: - r 9'_V c ..< a ,� ,_ a a F - � " a � . . � o !� � e ' _ w - D � y .. '., _ - � �.. ��t �� ������S S �(�� `� ��u� ���_ �_ OOK,7/7q)o S� LOT 1 LOTS 1 & 2 S�0• -f 5.1 ACRES± TOTAL #1+F ^ #9 )#12 LOT 18 ` LCP 32290E #�\, ' 3 LOT 1 W ` N LOT 17 CONC. ` LCP 32290E FOUND. 0 zo LOT 16 LCP 32290E 150'00, JCB # 96-319 FOUNDATION PLOT PLAN FOR THE PURPOSE OF OBTAINING A BUILDING PERMIT ONLY LOCATION OFF PHEASANT WAY CENTERVILLE, MA PREPARED FOR: SCALE : 1 " 60' DATE : JULY 24, 2006 REFERENCE ;_ ASSESSOR'S MAP 227 PARCEL 143 CHRIS. B UL CK PB 309 PG 99 I HEREBY CERTIFY THAT THE STRUCTURE ZtNCFMA SHOWN ON THIS PLAN IS LOCATED ON THE y��t.� �C GROUND AS SHOWN HEREON. TIMOTHY off 508-362-4541 V ELL fox 508 362-9880 � 5 down cape engineering, inc. CIVIL ENGINEERS ={- — — -- -- LAND SURVEYORS — DATE RE LAND 939 main st yarmouth, ma 02675 �J �INEto Town of Barnstable Regulatory Services saxxsreat,E. • . MASS. Thomas F.Geiler,Director 039. Building Division Tom Perry,Building Commissioner 200 Main,Street,Hyannis,MA 02601 Office: 508-862-403 8 Fax: 508-790-6230 August 24, 2012 Christopher K Bullock 253 S E Wells Dr 50 Pheasant Way Stuart, Fla 34994 Centerville, MA 02632 Re: Illegal Apartment Property ID: Map 227 Parcel 142 Zone RC Single Family Zone- Chapter 240-13 r Locus: 50 Pheasant Way, Centerville, MA Dear Mr. Bullock: Please be advised that this office has received a complaint concerning an illegal rental unit on your property located at 50 Pheasant Way. A review of our records included a permit issued in June 2006 for a three bedroom, 2 %2 bath guest house and specifically noted without a kitchen. (See building permit#20061278). A satisfactory inspection was performed and no violations were noted. Interestingly enough,the file also contains references to an appeal filed with the land court concerning your failed attempt to obtain a variance. The requested relief would have allowed you to divide your parcel into two buildable lots, one to remain developed with the existing primary dwelling and one undeveloped lot-intended to be developed with a single family dwelling at a later date. It appears that this action failed, too. Subsequently,you proceeded to construct a guest house on the existing lot and on June 23, 2006,you signed an agreement acknowledging the use restrictions of the aforementioned accessory structure. This document was later recorded at the Registry of Deeds in Book 21123 Page 97, said agreement declared that the intended and authorized use of the accessory structure is strictly for occasional guests. Furthermore, you agreed to refrain from using the guest house as a permanent, separate apartment for year round or summer occupancy and agreed that you shall not rent it in any fashion nor shall it be used as a family apartment. A declaration contained in that document advises that to do so would constitute a violation of the Town of Barnstable's rules,regulations and zoning ordinances. I y. n Whereas you voluntarily signed this agreement and recorded it as part of the permanent property record, I am compelled to direct you to restore the accessory structure to that which was permitted under the application you made on June 20, 2006 as a guest,house without a kitchen. You are also directed to refrain from renting this structure at any time or in any fashion or otherwise suffer the penalties identified in our ordinance. Building and plumbing permits are required to remove all un-permitted construction and utilities must be capped behind a finished wall. All work shall be inspected to document your compliance with this order. Be assured that it is anticipated you will make every reasonable effort to comply with this order in accordance with the written agreement you signed. You may reach me directly at 508-862-4027 in order to confirm your intentions. I anticipate your timely response and look forward to working with you to resolve this issue. erely, Robin C. Anderson Zoning Enforcement Officer JAIllegal Apamnents\50 Pheasant Way Center Bullock restre to sf letter 08222012.DOC t i Town of Barnstable U.S.POSTAGE»PiTNEYeowEs j T+' i Building Division 200 Main Street r Hyannis, MA 02601 ZIP ZAP 02601 000.450 y 00013614.75 AUG 24. 2012 Christopher K Bullock 50 Pheasant Way Centerville, MA 02632 I Town of Barnstable Building Division �f{ " '{ U.S.POSTAGE>>PITNEY BOWES 200 Main Street ,.L•fir; ��,®�® Hyannis, MA 02601 :+ ` `: tli ZIP 02601 $ 000.450 02 1w s 000136147S AUG- 24. 2012 { Christopher K Bullock 253 S E Wells Dr Stuart, Fla 34994 - NAME OF - h�' Tito BAR 7.4206 TOWN OF ADO $$OF OF E ER ' BARNSTABLE CITY,STATE, ODE. cj-{ N�NU1lMBBERYR - �uNs,reai.e. % N E 1 _ CD jED fir' `Y Lij ` t r J _ TIM AND DATE OF VIOLA LOCATION OF TION I W - NOTICE OF 10 IA.MJ/ P.4.)ON q ,20 Z- SIG RE- EN,}OR N E C G P. t BADGE N0. LLJ VIOLATION o OF TOWN I HE BY ACKNOWLEDGE RECEIPT OF CITATION X ORDINANCE unable to 0btai i na ur of offender. < THE.NONCRIMINAL FINE FOR THIS OFFENSE IS i J�•(� OR Date mailed LLJ 1 YOU HAVE THE FOLLOWI G ALT NATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL CL 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 2430, Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. CL (2)It you desire to contest this matter in a noncriminal proceeding,'you mayy do so by making written request to DISTRICT COURT DEPARTMENT,FIRST ! `_ 9ARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET ARNSTABLE,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 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 ❑ 1 HEREBY ELECT the first option above,confess to the offense charged.and enclose payment in the amount of S Signature - i W 1 d i *44 A 50A Pheasant Way, Centerville -- - 8/29/12 O Y i i � CK� s C � t f 7 b b .i.. .S B N l Barrows, Debi From: Schlegel, Frank Sent: Wednesday, March 14, 2007 8:37 AM To: Barrows, Debi Cc: McKean, Thomas Subject: Address Changes for Pheasant Way, Centerville v Hi Debi, The COMM. Fire Department inspected the new construction located at # 61 or # 63 Pheasant !� Way Centerville. Because the road was not constructed in entirety in this area and the abutters are using an alternate access through a driveway easement, they (COMM. ) requested address changes for 3-4 properties. I'll try to keep this simple. The permit (I believe ) was issued for Map 227 Parcel 143, a.k.a. # 61 Pheasant Way. During construction, the wner had this parcel deleted and the land was combined with Map 227 Parcel 142, a.k.a # 63 Pheasant Way. All the land with the old house and new house are now all on Map 227 Parcel 142. Under the ordinance, when two or more buildings are on one parcel, they become unitized. The new addresses for these two homes are # 50A for the new house (formally # 61) and # 50B for the old house (formally # 63)on Map 227 Parcel 142. The others that were changed are as follows: MAP/PARCEL DEV LOT OLD House# NEW House# Road Name 207/161 28L 55 58 Pheasant Way, Centerville 207/162 29 59 56 vivo fill "" I sent certified notice to the owners yesterday. Please update your hard copy files. I have entered these new addresses in the new database which should be available within the next month for town wide viewing. I just found out, that Info Systems connected my database to the Assessors for addressing. That's why you haven't been able to view the changes in that database. The Assessor's will be accepting my address files in their data when the switchover takes place to prevent them missing the updates I send them on a regular basis. Let me know if you need any assistance with this notice. 1 .���_��� �.� /�� J/ .���_- 7 / j• J� �.. �I �� / w � \J j'i r i �`V f V 1 t rJ ��' � _ �� erlSQ/IT C— w LAW OFFICES OF �T JOHN R. ALGER, P.C. ATTORNEY AT LAW S PARKER ROAD . P. O. BOX 449 OSTERVILLE, MA 0265 5-0 449 TELEPHONE(S08)428-8S94 FAX(SOB)420-3162 November 4, 2003 Mr. Thomas Perry Building Commissioner. 1�� Town of Barnstable l� 1 Building Division 200'Main Street Hyannis, MA 02601 Re: Conservation Commission File No. SE3-3220 Dear Mr. Perry: I am writing as the attorney for Peter. Howard-Johnson and George Panaiotopolous. Christopher Bullock owns 2 adjoining parcels of land shown as Lot 143 and 2 on Barnstable Assessors Map 227 and as Lots I and.2.on a plan in Plan Book 309 Page 99. He currently has a home on Lot 1.and,has applied to the Conservation Commission for permission.to build a home on Lot 2, File No. SE3-3220. These lots are shown on a plan of December 14, 1976 recorded in Book 309 Page 99 and although each lot has 30 or more feet of frontage on Pheasant Way, I do not believe Pheasant Way is constructed at that point and it is clear from the plan that access cannot be gained from that frontage due to the wetlands but rather is over a dirt road over the property of others. The plan was filed as Approval Not Required in 1977 but we believe does not comply with zoning to make it a buildable lot. Secondly, even if it is, it is clear that Lot 1, that has the present house, has 29,600 sq. ft. of upland where 1 acre is required and Lot 2 has 45,100 sq. ft. of upland. Because these have been in the same ownership, it is my opinion they have merged as a single parcel and no building should be allowed on Lot 2 except with the permission of the Barnstable Board of Appeals. In the event that the Conservation Commission is willing to grant its approval, even though the lot does not comply, I respectfully request.that you deny any permits for building until after the Board of Appeals has,granted.permission. Very t ly yours, JRA/bt LAW OFFICES OF JOHN R. ALGER, P.C. ATTORNEY AT LAW 5 PARKER ROAD P. 0. BOX 449 OSTERVILLE, MA 02S55-0449 TELEPHONE(508)428-SS94 FAX(508)420-3IS4 November 4, 2003 fl Town of Barnstable Board of Health P. O. Box 534 Hyannis, MA 02601 Re: Christopher Bullock, Lot 2, off Pheasant Way, Centerville Ladies and Gentlemen: I am writing as the attorney for Peter Howard-Johnson and George Panaiotopolous. The above-named, Christopher Bullock, has a petition pending before the Barnstable Conservation Commission to construct a single family residence on a vacant lot off Pheasant Way, Wetlands File SE3-3220. The plan, which was originally drawn in 1997, shows a septic system which is approximately 50 feet from the edge of wetlands. Your current regulations, Part VIII Section 1.00 effective June 13, 2003, required that all septic systems be located not less than 100 feet from a bordering vegetated wetlands. This application clearly does not comply and I am writing to request that you review this application before any permits are issued to construct a septic system at this time. Very truly yours, JRA/bt c.c. Barnstable Conservation Commission / Barnstable Building Commissioner Hamlyn.Consulting p*'THE 10h, Town of Barnstable Regulatory Services BMWSTABLEv MASS. $ Thomas F. Geiler,Director �A 1639. ♦0 'Eo►r+A�" Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 February 21, 2003 Edward W. Kirk 901 Main St. Osterville, MA 02655 5d 6-�1 RE: 6A Pheasant Way, Centerville Dear Ed: r Thank you for your letter of February 6, 2003 regarding Lot 2, 63 Pheasant Way, Centerville. In your closing arguments, specifically#1, you state that permanent protection was vested to both lots because of the construction of a residence on Lot 1. This is not the case. In our meeting with Tom Broderick, Ruth Weil, and Bob Smith we discussed this exact scenario and none agreed with the fact that because you have two lots, and build on one, that the protection would be vested to both lots. The protection would only be afforded to the lot that was developed. In the case of Lot 2 you provided a ZBA decision, 1995-85, which overruled the Building Commissioner because he felt that a lot that was conveyed into separate ownership after the zoning change was not protected. I totally agree with the board and feel that since this 16t was conveyed to separate ownership within the allotted time frame that it was then given protection. The lot that we are discussing here, Lot 2,has not had this done. In order for this lot to receive vesting one of two things need to be done. The ownership and control of this lot must be changed before the five year period from the zoning change, which would be October 26, 2005 or the lot needs to be developed within this time frame. If you should have any questions,please call me at 508 862-4038. Sincerely, Thomas Perry Building Commissioner EDWARD W. KIRK ATTORNEY AT LAW WIANNO PLACE 901 MAIN STREET P.O.BOX 393 OSTERVILLE,MASSACHUSETTS 0226SS-0393 FACSIMILE (508)428-4800 (508)428-4111 Tom Perry February 6, 2003 Building Commissioner Town of Barnstable 200 Main Street Hyannis, Mass. 02601 Re: Lot 2 - Christopher K. Bullock Vheasant Way, Centerville Assessors Map 227 Parcel 142 Dear Tom: I represent Christopher.K. Bullock who is the owner of adjoining Lots 1 & 2 as shown on a plan recorded at Barnstable Plan Book 309 Page 99 in January 1977. I am requesting your concurrence in writing with our position that as a matter of zoning, Lot 2 is a lawful building lot, without the need for the grant of relief from the zoning board of appeals. Our position rests on two legal arguments arising out a set of common facts which are outlined below. Summary of Legal Arguments 1. When a single family residence was constructed on Lot 1 in 1977, the protection contained in 4-4. 2. (2) "vested" with respect to both Lots 1 & 2, rendering any subsequent increase in dimensional requirements inapplicable to both Lots 1 & 2. Tom Perry February 6, 2003 page two 2. When a single family residence was constructed on Lot 1 in 1977, the protection contained in 4-4. 2 (2) "vested" with respect to Lot 1, thus preventing a "merger" of Lot 1 and Lot 2 when dimensional requirements were later increased. This left Lot 2 to be evaluated under the provisions of the bylaw applicable to lots in common ownership at the time of any subsequent zoning change. Lot 2 was not affected by the increase to one acre in 1985 because it contained more than an acre. The two (2) acre requirement of the RPOD enacted in 2000 was inapplicable for two reasons: (a) under 4-4. 2 (2) (A-D) any increase in area shall not take effect until 2005; (b) under 4-4. 2 (6) Lot 2 is specifically and permanently exempt from the increase. Factual History of Lots 1 & 2 1. At all times material to this inquiry the subject property has been and remains in common ownership. 2. On January 17, 1977 the Planning Board endorsed a plan entitled: "Plan of Land in Centerville- Barnstable Mass. for Christopher K. Bullock" ["The Bullock Plan"] dated December 14, 1976, which plan created Lots 1 & 2. 3. Lots 1 & 2 were a division of Parcel B as shown on a prior plan recorded at Plan Book 298 Page 88, a copy of which is attached hereto as exhibit A. 4. On January 21, 1977 Parcels A & B as shown on Plan Book 298 Page 88 were conveyed to Christopher K. Bullock, Trustee by deed [ "the Bullock deed"] recorded at Book 2458 Page 111. A copy of said deed is attached hereto as exhibit B. 5. On January 26, 1977 the "Bullock Plan" was recorded at Barnstable Registry of Deeds at Plan Book 309 Page 99. A copy of the "Bullock Plan" is attached hereto as exhibit C. 6. At the time of the approval and recording of the Bullock plan and the Bullock deed, the minimum area requirement for the RC district was 15,000 square feet. Tom Perry February 6, 2003 page three 7. Lot 1 was shown to contain 29,400 square feet of upland, had 20' of frontage and was a buildable lot. 8. Lot 2 was shown to contain 45,100 square feet of upland, had 20' of frontage and was a buildable lot. 9. A single family residence was constructed on Lot 1 in 1977. The permanent status of Lot 1 as a lawful building lot was "vested" at that time. 10. In 1985 the minimum area requirement for new lots increased to 43,560 square feet; i.e. one acre. 11. At the time of the increase in 1985, a house was in existence on Lot 1 and Lot 1 was exempt from the application of that increase as its status had vested in 1977. 12. Lot 2 contained in excess of the minimum area requirement of one (1) acre of upland and conformed to the increased requirement. designated to be located in a 13. In October of 2000 the subject lots were desi g Resource Protection Overlay District which established a minimum lot area of two acres; i.e. (87,120 square feet). 14. Para. 4-4.2 (6) of the zoning ordinance specifically exempted certain pre- existing lots from the increased area requirements. Under the Specific "Vesting" Provisions of 4-4.2 (2) The Construction On Lot 1 of a Single Family Residence In 1977 Permanently Rendered Subsequent Zoning Increases Inapplicable to Both Lot 1 and Lot 2 Lot 1 had a residence constructed upon it in 1977 at a time when both Lot 1 and Lot 2 conformed to the Common Lot Protection requirements contained in 4-4.2 (2) of the Barnstable zoning ordinance. Therefore, under the language of 4-4.2 such Common Lot Protection would be "vested" for Lot 1 in 1977 upon either "the sale or transfer" of Lot 1 into separate ownership, or the "building thereon of a residence". Tom Perry February 6, 2003 page four The sale or transfer of one of two commonly owned lots results in a separation of the common ownership of both lots, and the protection which thereby results from said separation must and should apply equally to both lots, provided they each conformed to the criteria for such protection. Each individual owner is incapable of using any of the area from another person's to bring his own lot into greater conformity with the new requirements. This is consistent with well established zoning principles and prior decisions of the Zoning Board of Appeals, such as Zellen/Fulham (ZBA No. 1995-85) attached hereto as exhibit D. The Barnstable ordinance expands the circumstances in which such vesting may occur, and treats the construction of a residence on one of the two commonly owned lots as the equivalent of a severance of common ownership by sale or transfer. Under the Barnstable ordinance, either of the specific events (sale of Lot 1 or the construction of a residence on Lot 1) would "vest" permanent protection, not only for the lot on which the residence was constructed, but also for the adjoining and commonly owned vacant lot as well. Such gg "vesting" triggers the applicability of the phrase "except as otherwise provided herein" contained in para 5 of 4-4.2 and prevents a "merger" of Lots 1 and 2 i.e. it relieves the common owner of the lot on which the residence is built (Lot 1) and the adjoining vacant lot (Lot 2) from being deemed to have combined the two lots into one in order to create one lot which more closely conforms to the recent area increase. While I understand there is some reluctance to accept the proposition that the construction of a residence on one of two commonly owned lots permanently vests protection for both lots, I believe there is agreement that at the very least, the permanent status of Lot 1 has been established by the vesting language; i.e. Lot 1 standing alone (and without the need for the addition of any portion of the commonly owned adjoining Lot 2) together with the building thereon, was and remained a lawfully existing single family residential lot to which the 1985 minimum area requirement of one acre was not applicable. Tom Perry February 6, 2003 page five The adjoining vacant Lot 2, was not "merged" with Lot 1 in 1985, but stood alone as a separate lot with its own original boundaries. Because it contained in excess of 43,560 s.f., it continued to be a lawful building lot unaffected by the increased area requirement of 1985. Under the Specific Provisions of 4-4.2 (6), The Two Acre Requirement Does Not Apply At All. By its terms, the enactment of the increased minimum area requirements in the year 2000, applicable to the Resources Protection Overlay District were rendered inapplicable to a lot for single family residential use which either (a) conformed to the requirements in existence at the time of the increase; or (b) [if not conforming] had the benefit of one of the paragraphs contained in the section of the ordinance relating to pre - existing non - conforming lots. Lot 2 conformed to the actual current zoning requirements (one acre) and therefore under paragraph 6 of 4-4.2, the increased area requirement of two (2) acres under the Resources Protection Overlay District "shall not apply" to Lot 2. In the Absence of Such Specific Exemption, Under the Specific Provisions 4-4.2 (2) (A-D) The Two (2) Acre Requirements of the Resource Protection Overlay District Does Not Apply to Lot 2 Until 2005 And Such Protection Will Vest Upon the Sale of Lot 2 or the Building Thereon of a Residence Before 2005. In the absence of the immediate permanent protection found in paragraph (6) with respect to the Resources Protection Overlay District, under the pre-existing provisions of paragraph (2) (A - D) of 4-4.2 [Common Lot Protection] the two (2) acre minimum enacted in 2000 would not be applicable to Lot 2 for a period of five (5) years and such protection would "vest" if Lot 2 is built upon or sold during the intervening five (5) year period. Tom Perry February 6, 2003 page six Based on the foregoing analysis, it is our position that under the provisions of the Barnstable zoning ordinance, but subject to the requirements of other agencies such as health and conservation: 1. Permanent protection for Lot 1 and Lot 2 "vested" when a residence was P0 constructed on Lot 1 in 1977; or 2. As a result of the construction of the residence on Lot 1 in 1977, permanent protection vested for Lot 1; no merger of Lots 1 and 2 occurred in 1985 and Lot 2 remained a separate legal building lot which conformed to the increased area requirements enacted in 1985; and (A) Lot 2 is specifically and permanently exempt from the two acre requirement of the Resource Protection Overlay District enacted in 2000. (B)Lot 2 is now a lawful building lot, to which the increased area requirement of two acres shall not apply for a period of five (5) years from 2000. If a residence is built upon said lot within five (5) years or if it is transferred during that five year period, such protection shall permanently "vest". I would be available to answer any questions which you may have or to discuss the issues at your convenience. Veryaruly yours, EwW. irk EWK/se w/attachments cc: Robert D. Smith, Esq. RVr'.- :o IP+?7 10 .7 M'M s <r uftwn: ..U.11 REST, )EEDS CE° G.cus SUP':-.11 E'ES VyR 1 . -7 5✓A. !` 27-7 y AL 1 1 dlLll - LOGUS MAP VF>AZC acya aL 6- 1 w•zeeo cr. I � z.l Ac¢eS Ma.lzs>-i - d 7- }} o z S� fo d �A 0 t+Re' sgZ' 9t a •� � PARG�L. B sd 11 - . gtle/ 1.-7 AC2M5 OPLAND 5.1 ACRE-s TOTA.L SBI' ��„wJ IIL I V ti d Z`n V o u _ _ - 4 S_ OAg- __ ____ {tea cos ---------- .I p) V �� o ¢Ise9D TWO PUN TRAMP"OH A PAYNT Of A SORVEY AlADE - BY CNAfLCS V SAVERY DATED JOWL /9,/970. PC AN OA= LAND f^'II cLNTLR✓/L LE 0/9/ N5;rAgLG MA79.� APPROVAL NNDLR JVBDI✓/S/ON e.VTROC + ) R[iE0.ERCL RULER - LA No'Y REOV/RED" �O- 7� - I+1 II i1 I+1 I11,`11 I+1:I OPA- BY ' R.J.✓ Bc.tLE1 cWLR AP�O BV OArE' ✓✓N6 /9,/977O RL TRACED OCT.G/9,J ►•� BARNJTAB LE f'LANN/NG BOARD VA¢cG� B 15 oww io 0� C2ANcig L. %.WN 61J gKl¢K ¢ c//AQLES AA 9AVERy /NG, KAT �N 2K N,E VAN su K1 4L�/JTLA:EO pn¢ccL A 19 owlNED BY wWLL-,M R. KEI.t-Y _ PA¢cEL A IS To SE COMBINED WITH PARCEL B E.V4/N ELeJ J✓G✓EYORJ 712 MAIN ST HYANN/J, OAS$ AIR o6 9/2 2 ti (West) ea�r2458 WE, GEORGE B. Mcmmus and LYNDSAY M. C. McMANUS, husband and Paid _ _ • 01540 $33 wife, as joint tenants, both of Bayberry Lane, Barnstable ,000.00) Z H. (Cummaquid) Barnstable County, Massachusetts, for consideration C- McMAMUS ' • fit. paid in the amount of THIRTY-THREE THOUSAND AND 00/100 ($33,000.00) Lane, Barn - Sf DOLLARS, grants to CHRISTOPHER K. BULLOCK and SUSAN E. BULLOCK, k . with Trustees of the Bullock Realty Trust under Declaration of Trust ky't \•. dated February 7, 1972, being Document No. 200,425, both of 160 t}', Massa- Acorn Drive, Barnstable (Osterville), Barnstable County, Massa- chusetts, wAlb (UENNOMM ems, ntitled� the land in Barnstable (Centerville), Barnstable Count Massa- by y, 1970 ` ' chusetts, described as follows: f r' red arnstable .` Being Parcel A and Parcel B as shown on plan of land entitled, s3:•g ""' "Plan of Land in Centerville, Barnstable, Mass. drawn by R.S.J. Scale: 1 in. = 50 ft. checked by R.P.B. Date: June 19, 1970, first ( _ retraced Oct. 6, 1975, Charles N. Save $22,000.00 � ry, Inc. Registered Engineers-Surveyors, said plan being recorded at the Barnstable istry m r County Registry of Deeds in Plan Book 298, Page 88. The above-described premises are conveyed subject to a first w v the righty- r mortgage to Century Bank and Trust Co. in the amount of $22,000.00 e � dated 11/17/75 duly recorded at the Barnstable County Registry 0. tracks , of Deeds in Book 2262 Page 279 which the g grantees herein assume and agree ,to pay. sedht r The above described premises are conveyed together with the right to pass and repass by foot and vehicle over the vehicle tracks icated as shown on Land Court Plan No. 32290 as "k". C orded C 2 -in The above described premises are further conveyed with a right plan `.._ of way also for all uses for which ways may be commonly used in the Town of Barnstable over the 40 foot private way indicated I +� as "B" on the above mentioned plan and shown on a plan recorded the J is in the Barnstable County Registry ist ry of Deeds in Plan Book 122, a Page 97 and also shown as "scar of vehicle tracks" on said plan 2262, k duly recorded in Plan Book 298, Page 88. For grantors title see deed of Anthony A. Bexley to us to be 1977. ;..< recorded herewith. , - WITNESS our hands and seals this day o 1977. I 1977 4ti� s George B. McManus eed, 1 Lyridsay k. C. McManus c f ' C 77 r Fy r• " I i. ba 2458 Fitt 112 COYMNWEALTH OF MASSACHUSETTS = i Barnstable, so: It, 1977 r . } <r Then personally appeared the above-named Lyndsay)MmcManus a and acknowledged the foregoing instrument to be his free act and deed, before me •td 6 (ol Notary Publicf $ : My Commission Expires: t r, g� t EE Y x X u� ro� _ a RECORDED JAN 21 1977 ` 1F # W1 1 _ - Qc J a; CC u '0 cv — ry c rc o / \ 5gi nF L O 5 •3y:a6 c B. .-2. 7' A C R E5 MAR 5 Fl 2466�+ ,T.F. UPLAND s-J.s - - - - - - -- - -`r 3. '"tACRE3 7'07'AL ' 1 CERJ/FY TN.4T 7H/S FL AM H.•�S 30 900 � J y o'� BE En/AR FP AREO /N CONFJ.4iy/7Y Sri_ , ' W/7H THE RUL FS ANO/?FGGL A7/O/./3 "p?y- ys.�CCY o 5 OF TNf Rk'G/c7E?S OF GEEOS cF rh'� uPCAND/.74'. foMMOMI�Y! 7G TH of,1,gSSl.cHC,S=77S LV J NC RfS TO \� c�9 I`\ D A TC- Qec 0 3� �s c 580.9 REG/S7FlrE,O L4hC ,i V^Z vG✓O sP � 9G4, — A CF/yTER i//LL E .J/� F PPR ovAL UNDCn' SC/B D/V/J'/G/V CoN TRoL lVoTE L,aw /vorRFou/FrEo _ TAN 17.! 9.7n�_.7_..-. 5U130/V/.S/O/Y OF �A R�E L f —L PCA/I/ 8UDft .,9& PPGF- Bd .J SCAL E 3" Sc ALE - P,4',7N J"T!�¢} C4 PL FNN,h�C; �JUq/'✓p _ � I rLORI=OGL" iNu/ I , � I 7/2 N..viN ST Town of Barnstable Zoning Board of Appeals 1 ter. ..... ::. .. . ... Decision and Noticir,': Appeal Number 1995-85 Zellen and Fulham Summary Overruled the Decision of Building Commissioner Applicant &Owner: Thomas G. Zellen and Gerarda M. Fulham Co-Executors of the Estate of Barbara A. Fulham Applicant's Address: 145 East Bay Road, Osterville, MA Assessor's Map/Parcel: 140/160-2 Zoning: RC Residential C Zoning District Groundwater Overlay: AP Aquifer Protection Overlay District Applicant's Request: Appeal of the Building Commissioner's Decision that the lot in question does not have the benefit of non-conforming and is therefore unbuildable. Background Information: The locus of this appeal is a "Pan Handle" lot fronting 20 feet on East Bay Road. The pan handle runs approximately 340 feet in length to the buildable portion of the lot. The lot is presently.vacant and contains a total of 0.59 acres. From information submitted with the application, the lot was created in 1984 and the applicant has owned it since 1991. The lot was created by a plan titled "Subdivision Plan of Land in Barnstable (Osterville)" by Baxter& Nye Inc., Surveyors, and dated October 17, 1984. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 7, 1995. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on August 23, 1995 at which time the Board found to over rule the decision of the Building Commissioner. Board members hearing the appeal were: Ron Jansson, Richard Boy, Emmett Glynn, Gene Burman and Chairman Gail Nightingale. This appeal was heard consecutively with Appeal No 1995-86, which was a petition for a variance to minimum lot area also requested by the applicant for the locus. Attorney Michael Ford, represented the appeal before the Board. He presented a Memorandum in support of the appeal and petition to the.Board, a copy of which was submitted to the file. Attorney Ford gave the history of the creation and transfer of the lot. It was created on 10/29/84 by the Planning Board endorsement of an ANR plan. The plan divided the land to create Lots No. 24 (Assessors No 160-1) & 25 (Assessors No. 160-2) on the plan, both of which conformed to zoning at the time. On 2/28/85 the Zoning District was change to an RF District that caused the minimum lot area requirements to.change for from 20,000 Sq. Ft. to 43, 565 Sq. Ft. The ANR Plan was approved by Land Court on 9/10/86. The lot in question Plan Lot No 25 -was transferred out of common ownership with Lot 24 on 10/3/86. Separate ownership of the two lots was established. The present owner of the lot purchased the land in 9/28/91. .Attorney Ford cited that the Building Commissioner has interpreted that the lot in question does not have the benefits of a non-conforming undersized lot as per Section 4-4.5 of the Zoning Ordinance because no dwelling unit was built on the lot within the 5 years of grandfathenng. Attomey Ford cited that Section 4-4.5 should be interpreted that a lot which is transferred into separate ownership from all adjoining lots within the 5 year grandfathering period retains the buildability under Barnstable Zoning Ordinance. He cited that the lot was leqally created in conformance with zoning in 1984 and that the zoning change of 1985 grandfathered this lot for a Period of 5 years from the change in zoning. The lot having been transferred into separate ownership within that 5 year period (1986) grandfathered the buildability of the lot permanently. Next Attorney Ford reported his conversations with the abutters to the properly. He indicated that the Sullivans (owners of Lot 24) would grant a driveway easement if,necessary to go over their lot. He also addressed the concerns of another neighbor regarding the possibility of the cut of trees for the driveway. Attorney Ford cited that the stand of trees would not be cut down and would remain. There would be only one curb cut (as exists now) to service both lots. Chairman Gail Nightingale asked for public comments. No one spoke in favor. Speaking in concern for the proposal was Nancy Borg, 149 East Bay Road, Osterville. She expressed her concern for the stand of the trees along the common property line. Ernest DeWitt also spoke against the appeal. He indicated he had different square footage measurements for the driveway and lot size. Attorney Ford addressed Mr. DeWitt's issues, and again reiterated that the trees would in fact remain. He clarified the turnaround on the west side of Lot 24 that will help facilitate the turning around in the driveway. The Board noted that in overriding of the Building Commissioner they could not condition the decision. Attorney Ford remarked that regardless of the Boards action if the lot is ever developed the trees would remain and a common access easement would be established. Finding of Facts: Based upon the testimony given during the public, hearing on this appeal, the Board unanimous) found the following findings of fact: y 1. The property is located at 145 East Bay Road, Osterville in RC Residential C.Zoning District and is shown as Assessor's Map 140, Parcel 160-2. 2. The lot is a "porkchop" shaped consisting of 0.59 acres. 3. The lot was created by an Approval Not Required Plan (ANR Plan) endorsed by the Plannin Board on 10/29/84 and that ►net the requirements of zoning at that time. g 4. The lot in question is presently vacant and has be year after en in separate ownership as of 10/3/86, one ownership.the increase in zoning lot area requirements and is not currently in combined 5. Section 4.45 of the Zoning Ordinances Non Conforming Lots states the "any lot lawfully laid out by a plan or deed duly recorded with the words 'approval under the subdivision control law not required'...At the time of the adoption of such requirements or increased requirements, such lot was held in common ownership with that of adjoining land located in the same residential distract, but then only for a period of five (5) years from the date of such recording Of such endorsement, whichever is earlier. Therefore:it is buildable under zoning. Decision: Based upon the findings a motion was duly made and seconded to overturn the Building Cornmissioner's finding that the lot does not have benefit of non-conforming lot. The vote was as follows: Aye: Chairman Gail Nightingale, Ron Jansson, Richard Boy, Emmett Glynn, and Gene Burman.. Nay: None. Order: The Board has overturn the decision of the Building Commissioner and has determined that the lot does have the benefit of.a legal non-conforming lot. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. /ed 1995 G 1 Nightingre, hai an Date Sig ar I .I •1'. .., Vrl,:. `'t. 1 Ih::, 'vht:. 1'. li,('Vr.)i I... l E ATTORNEY AT LAW DWARD W. KIRK 7..� WIANNO PLACE 901 MAIN STREET P.O.BOX 393 OSTERVILLE,MASSACHUSETTS 026SS-0393 FACSIMILE (508)428-4800 (508)428-4111 Tom Perry July 27,2005 Building Commissioner Town of Barnstable 200 Main Street Hyannis, Mass. 02601 Re:Bullock v. Barnstable Zoning, Board of Appeals and Tom Perry as Building Commissioner Land Court Misc. 311572 Dear Mr. Perry: In connection with"the above referenced action, enclosed please find: 1. Complaint for Declaratory Relief 2. Summons Thank you for your attention to the enclosed. Very truly yours, E ward . Kir EWK/se w/encl. cmrrr # 7003 3110 0001 1380 9654 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 31 1 572 CHRISTOPHER K. BULLOCK , Plaintiff(s) V. w c BARNSTABLE ZONING BOARD OF APPEALS and Q �` TOM PERRY as he is Building Commissioner , Defendant(s) �l 0 of the TOWN OF Barnstable .9 Eon SUMMONS �y f U .II w •� To the above-named Defendant: TOM PERRY w You are hereby summoned and required to serve upon "E ward W• Kirk , s � 0 N U � y Plaintiff's attorney,whose address is P.O. BOX 393 Osterville, Mass_ 02r,_5 s , an answer N N to the complaint which is herewith served upon you,within 20* days afterservice of this summons upon Y you,exclusive of the day of service. If you fail to do so,judgment by default will be taken against you for othe relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Recorder of this court at Boston either before service upon plaintiff's attorney or within a reasonable time thereafter. CdU r- Y o .� 3 Unless otherwise provided by Rule 13(a) your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out the transaction or occurrence that is the subject 8 0 0 o matter of the plaintiffs claim or you will therefore be barred from making such claim in any other action. Q U Witness, KARYN F. SCHEIER, Chief Justice, at Boston, the 2 6 th day of 0 n July , 20o5 Q o w 21ju 0 0 0 Deputy corder w o "0 NOTES L This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. O Y 2. When more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant. 3. TO PLAINTIFF'S ATTORNEY:PLEASE CIRCLE TYPE OF ACTION INVOLVED r (1) EQUITY—(2)OTHER 4. *If the Commonwealth or an officer of agency thereof is a defendant,the time to be inserted is 60 days. LCS-4(01/03) yv COMMONWEALTH OF MASSACHUSETTS BARNSTABLE SS. LAND COURT NO. 7 CHRISTOPHER K. BULLOCK Plaintiff * V. * RON JANS SON GAIL NIGHTINGALE RALPH COPELAND JEREMY GILMORE DANIEL M. CREEDON III as they are members of the Zoning Board of Appeals of the Town of Barnstable and TOM PERRY as he is Building Commissioner of the Town of Barnstable Defendants COMPLAINT (Determination as to applicability of zoning ordinance) (G.L. c. 240 s 14A, and G.L. c. 185 s. 1 para.j 1/2) (Declaratory Relief G.L. c. 231 A) (Zoning Appeal G.L. c. 40A s. 17) INTRODUCTION Plaintiff appeals from a decision of the Barnstable Zoning Board of Appeals, which, upon plaintiff's application for a variance from the requirement of the ° zoning bylaw that the minimum lot area requirement of the bylaw consist of 100% ,I I 7 upland, determined in effect, that the presence of wetlands on the plaintiff's lot did not constitute "circumstances relating to the soil conditions .....of such land and especially affecting such land ....but not affecting generally the zoning district in which it is located". Plaintiff also seeks a declaration from the court that under the provisions of certain protective or "grandfather" language of the Barnstable Zoning ordinance relating to non - conforming lots, the lot for which the plaintiff sought the variance is,entitled to the benefit of the protective provisions of the bylaw and is entitled to a building permit as a matter of right. The plaintiff seeks a further declaration that Lot 2, which is the subject of the variance, if not entitled to a building permit as a matter of right, is entitled to be treated as a separate undersized•lot and has not merged with the adjoining developed Lot 1 of the. plaintiff. PARTIES U 1. Christopher K. Bullock resides at Pheasant Way,Centerville (Barnstable) Massachusetts. . 2. The defendants Jansson, Nighingale, Copeland, Gilmore and Creedon are (or were) members of the Barnstable Zoning Board of Appeals which conducts its business at Barnstable Town Hall, 367 South Street, Hyannis, Massachusetts`.. 2 i 3. The defendant Tom Perry is the duly appointed Building Commissioner of the Town of Barnstable with an office at 200 Main Street, Hyannis, Mass. FACTS 4. On January 17, 1977 the Planning Board endorsed a plan entitled; "Plan of Land in Centerville- Barnstable Mass. for Christopher K. Bullock" ["The Bullock Plan"] dated December 14, 1976, which plan created Lots 1 & 2. See exhibit A. 5. Lots 1 & 2 were a division of Parcel B as shown on a prior plan recorded at . Plan Book 298 Page 88, a copy of which is attached hereto as exhibit B. 6. On January 21, 1977 Parcels A & B as shown on Plan Book 298 Page 88 were conveyed to Christopher K. Bullock, Trustee.by deed [ "the Bullock deed"] recorded at Book 2458 Page 111. 7. On January 26, 1977 the "Bullock Plan" was recorded at Barnstable Registry of. Deeds at Plan Book 309 Page.99. 8. At the time of the approval and recording of the Bullock plan and the Bullock deed, the minimum area requirement for the RC district was 15,000 square feet. 3 9. There was no minimum frontage requirement in an RC District at that time. 10. Lot 1 is shown on the plan to contain 30' feet of frontage and Lot 2 is shown on the plan to contain 46' feet of frontage. 11. At the time of the approval and recording of the Bullock plan, the bylaw required that 70 % of the minimum area requirement of a lot consist of upland. 12. A lot for single family residential use in the district only needed 10,500 square feet of upland out of a total area of 15,000 s.f. to qualify as a building lot. 13. Lot 1 was shown to contain 29,400 square feet of upland and was a buildable lot. 14 Lot 2 was shown to contain 45,100 square feet of upland, and was a buildable lot. 15. A single family residence was constructed on Lot 1 in 1977. 16. In 1983, at a time when the minimum area requirement was 15,000 s.f., the bylaw was amended to require that 100% of the minimum area requirement consist of upland. 17. The developed Lot 1 and the vacant Lot 2 were each in compliance with that zoning change as each contained more than 15,000 s.f. of upland.. 18. In 1985 the minimum area requirement for new lots increased to 43,560 square feet. 4 r t 19. As per the recorded plan, Lot 2 contained in excess of the minimum area requirement of one (1) acre and conformed to the increased requirement with respect to area. 20. At that time, 1985, the petitioner was unaware of any circumstances which would have rendered Lot 2 non compliant with current minimum area zoning requirements. 21. Prior to the decision of the Massachusetts Appeals Court in Tsagronis v. Bd. of Appeals of Wareham 33 Mass. App. Ct. 33 (1992) it was commonly understood in the conveyancing and zoning practices that under the language of G.L. c. 40A s. 6 para 4, a conveyance of one of two contiguous lots into separate ownership during a period of time when each lot was otherwise buildable created permanent rights of buildability for both lots; i.e. the one sold and the one retained. 22. Tsa rg_onis further refined that principle by stating that such protection was not applicable or available where the lots in question were not legally conforming when they were formally created by the recording of the definitive plan; i.e. where they were undersized at the time of the recording of a subdivision plan and had already had the benefit of a seven year "plan freeze" by the filing of a preliminary 1 plan, as set forth in G.L. c. 40A s. 6, para. 5-8. 5 23. In November of 1995, in response to an understanding of Tsa rg onis the Town of Barnstable amended its zoning bylaw to clarify and expand "grandfather" protection to certain lots which were not in conformity with subsequent increases in the minimum requirements for newly created lots. 24. The newly enacted provisions are set forth in s. 4 - 4. 2 a copy of which is attached hereto as exhibit C . 25. The preamble to the protective language states: "It is the intent of this section (i) to protect property rights of owners of pre- existing legally created non conforming lots, uses, and buildings or structures and (ii) to provide regulation of changes or expansion of pre-existing nonconforming structures, buildings and uses". . 26. Section 4 - 4. 2 (2) Common Lot Protection states: "Any increase in the area, frontage, width, yard or depth requirement of the Zoning Ordinance shall not apply for a period of 5 years from the effective date of the change, to a lot for single or two family residential use that: A) is held in common ownership with not more than 2 adjoining lots; and B) had a minimum of 7500 sq. ft. in area and 75 feet of frontage or the minimum frontage requirements for the zoning district in which it is located; and C) was recorded or endorsed on a plan that conformed to zoning when legally created; and D) conformed to applicable zoning requirements as of January 1, 1976. 6 27. Lot 1 conformed to the criteria set forth in 4- 4. 2 (2) A-D. 28. Lot 2 conformed to the criteria set forth in 4 - 4. (2) A - D. 29. The final unnumbered sentence of the provision contains the following language which did not appear in the next prior (to amendment) version of the language of the ordinance relating to non - conforming lots, and was inserted to clarify, rectify and expand by local action any perceived diminution of rights for undersized lots which may have occurred in the language of Tsa ronis: The protection afforded by this paragraph shall become vested upon the sale or transfer of the lot so protected into ownership separate from that of adjoining lots or the building thereon of a residence". 30. A residence was constructed on Lot 1 in 1977 at which time both Lot 1 and Lot 2 were entitled to the.protection afforded by the paragraphs A - D. 31. Upon the construction of the residence on Lot 1 in 1977, the protection of 4 - 4. 2 vested permanently for both Lot.-Land Lot 2, with respect to the.bulk and density requirements in effect at1hat time; i.e. 15,000 s.f. of area and 10,500 s.f. of. upland. 7 32. In November of 2000 the Town of Barnstable created a Resource Protection Overlay District which includes the land of the plaintiff, and created a minimum area requirement of 2 acres. 33. Under the vesting provisions of 4 -.4. 2 (2) such increases "shall not apply" to either Lot 1 or Lot 2. 34. On or about February 6, 2003 the plaintiff submitted information to the Building Commissioner requesting a determination that the "vesting" language of 4 4. 2 (2) conferred upon Lot 2 the status of a lawful building lot. A copy of the request is attached hereto as exhibit D . 35. In a response dated February 21, 2003 the Building Commissioner stated that the vesting language of 4 - 4. 2 protected developed Lot 1, but not Lot 2 and that Lot 2 would have to be sold or built upon prior to November of 2005 in order to be protected from the 2 acre increase enacted under the ROPD in November of 2000. A copy of the building Commissioner's response is attached hereto as exhibit E. 36. The Building Commissioner's response would suggest that if Lot 2 contained 45,600 s.f. as shown on the recorded 1977 plan, it was a lawful building lot. 8 37. In connection with plans to construct a single family residence on Lot 2, the plaintiff requested and received an Order of Conditions from the Barnstable Conservation dated November 6, 2003. 38. The plan prepared for the Conservation Commission in accordance with the requirements of those proceedings, resulted in a calculation that Lot 2 contained 40,755 s.f. of upland rather than 45,360 s.£ of upland, as shown on the 1977 plan prepared in accordance with the provisions of the zoning bylaw in existence at that time. 39. Under the new calculations,,Lot 2 apparently contains 2805 s.f. less than an acre of upland as that terms is defined under the current zoning bylaw. 40. Without waiving his claim of a right to a building permit for Lot 2 under the vesting provisions of 4 r 4. 2, the plaintiff submitted an application for a variance to the Barnstable Zoning Board of Appeals seeking to vary that provision of the ordinance which required that 100 % of the applicable minimum area requirement (43,560 s.f.) be upland. 41. The board denied the requested variance, finding that "no variance conditions have been shown to exist for this lot", and in particular because the board found that "many lots in the neighborhood have the same wetlands conditions". A copy of the decision of the board is attached hereto as exhibit F. 9 42.The board's conclusion was based upon an incorrect application of the criteria or an application of incorrect criteria. 43. The proper inquiry is whether there are "circumstances relating to the soil conditions on this lot which especially affect the plaintiff's lot and do not affect the zoning district generally. 44. Lot 2 contains 1.74 acres of which 40, 755 s.f. is upland. 45. The value of Lot 2 as a building lot is in excess of$300,000.00. 46. The plaintiff's lot is substantially larger than most other lots in the zoning district. 47. The composition of the soil in areas which are adjacent to the upland have been determined to qualify as falling within the definition of a "woody swamp". 48. There is no other similarly sized lot in the neighborhood or the zoning district containing more than 40,000 s.f. of upland where the presence of 2805 s.f. of woody-swamp-on the lot has rendered such lot which was lawfully created, and lawfully buildable for several years, unbuildable. 49. The inability to develop Lot 2 is'directly related to the presence of 2805 s.f. of a certain soil type on the lot which otherwise conforms to the one acre minimum. 10 50. The proposed findings in support of the variance contained the finding that Lot 1 and Lot 2 had merged, which was based upon the opinion contained in the board's staff report. 51. This finding was erroneous as the vesting language of 4 - 4. 2 plainly negates any finding of merger. 52. In addition to the board's erroneous conclusion with respect to "variance conditions" and merger, a board member determined that Lot 2 lacked "frontage" because the actual access to the lot from the way shown on the plan was by means of an deeded easement over adjoining land. 53. The issue of frontage had been conclusively determined by the Planning Board in approving the plan in 1977.and although the owner chose to use alternate means of access, the access provided by the approved frontage was not illusory, but was capable of being.,used and developed through conservation permitting. 54. An actual case and controversy_exists between-the plaintiff and the officials of the Town of Barnstable with respect to the status of Lot 2 under the provisions of the Barnstable Zoning Ordinance. 55. The plaintiff is a person aggrieved by the decision of the-board. 11 COUNT (Declaration of rights under G.L. c. 231A, G.L. c. 185 s. 1 para j 1/2) WHEREFORE the plaintiff requests that the Land Court find rule and declare that: (a) Lot 1 and Lot 2 have not merged but are each free standing lots as shown on the plan recorded in 1977.. (b) Lot 2 is a lawful building lot entitled to a building permit from the Town of Barnstable without the need for a variance. COUNT II (G.L. c. 40A s. 17) WHEREFORE the plaintiff requests that the Land Court find rule and declare that the Board of Appeals was in error in finding that the facts presented did not present "variance conditions" and that the matter be remanded to the board for further consideration under proper instructions. Respectfully submitted: Christopher K. Bullock By attorney: zz s Edward W. I�r , Es . K P.O. Box 393 901 Main Street Osterville, Mass. 02655 (508) 428 - 4800 12 EXHIBIT A EXHIBIT B EXHIBIT. C 146 4-4 Nonconformities 4-4.1 Intent: It is the intent of this section (i) to protect property rights of owners of pre-existing legally created nonconforming lots, uses and buildings or structures and (ii) to provide regulation of changes or expansion of pre-existing nonconforming structures, building and uses . 4-4.2 Nonconforming Lots: 1) Separate Lot Exemption: Any increase in area, frontage, width, yard or depth requirement of the Zoning Ordinance shall not apply to a lot for single or two- family residential use which at the time of recording 'or endorsement : A) was not, held in common ownership with any adjoining land; and B) had a minimum of 5, 000 sq. ft. of area and 50 feet. of . frontage or the minimum frontage requirement for the zoning district in which it is located; and C) conformed to the existing zoning if any when .legally created; and D) was separately owned at the time of every zoning change which made it nonconforming. 2) Common Lot Protection: Any increase in the area, frontage, width, yard or depth requirement of the Zoning Ordinance shall not apply for a period of 5 years from the effective date of the change, to a lot for single or two-family residential use that : A)' is held in common ownership• with not more than 2 adjoining , lots; and B) had a minimum of 7 , 500 sq.. ft. in area and 75 feet of frontage or the minimum frontage requirement for the zoning district in which it is located; and 147 C) was recorded or endorsed on a plan that conformed to zoning when legally created; and D) conformed to . applicable zoning, requi.rements as of January 1, 1976 . The protection afforded by this paragraph shall become vested upon the sale or transfer of the lot so protected into ownership separate from that of adjoining lots or the building thereon of a residence. 3) Approval Not Required Plan Protection: Any change in uses permitted under the Zoning Ordinance shall not apply to any lot created by a plan endorsed by the Planning Board as a plan not requiring approval under the Subdivision Control Law for such period of 3 years from the date .of ' endorsement, as provided by G.L. Ch. 40A, Section .6 . 4) Subdivision-Plan Protection: Any change in. the Zoning Ordinance shall not apply to land shown on a plan under the Subdivision Control Law by a duly submitted and endorsed'. definitive subdivision plan, or a preliminary plan followed within 7 months by a definitive plan, for such period of 8 years from the date of endorsement, as provided by G.f. Ch. 40A, Section 6 . ' Any legally created lot with a recorded release from covenant of the Planning Board that has been sold or transferred -into separate ownership and control from any adjoining lots within 8 years from the endorsement of the original subdivision plan shall be exempt from any dimensional or bulk zoning changes and shall not lose its status-.as a single buildable lot under zoning. 5) Merged Lots: Except 'as. otherwise provided herein, lawfully nonconforming lots that are adjoining and held in common ownership, or under the control of the same owner, shall be treated so as to conform so far as possible with the minimum area requirement of the zoning district in which they are located. No lot so merged,. or portion thereof, may be changed or transferred in any manner that will increase the degree of nonconformity unless a special permit has first been obtained from the Zoning Board of Appeals . No such special permit may create any additional buildable lot (s) . 148 6) Any increase in area, frontage, width, yard or depth requirements of the Resource Protection Overlay District shall not apply to a lot for single or two-family residential use which immediately prior to (on the effective date of this ordinance*) either: A) conformed to the applicable bulk requirements of the Zoning Ordinance immediately prior to (on the effective date of this ordinance*) : or B) immediately prior to (on the effective date of this ordinance*, ) was protected from the applicable bulk requirements of the Zoning Ordinance by the provisions . of Section 4-4 . 2 (1) , (2) , (3) , (4) , or (5) of .the Zoning Ordinance. This protection afforded by this, paragraph shall be permanent. (*Added by 11 yes vote of the. Town Council on Oct. 26, 2000 which became effective 30 days after said vote) 4-4.3 Nonconforming Buildings or Structures Used as Single and Two Family Residences: A pre-existing nonconforming building or structure that is used as a single or two -family residence may be physically altered or expanded only as follows : 1) As of Right: If the Building Commissioner finds that : A. The proposed physical alteration or expansion does not in any way encroach into the setbacks in effect at the time of construction, provided that encroachments into a 10-foot rear or side yard setback and 20-foot front yard setback shall be deemed to create an intensification requiring a special permit under Section 4-4 . 3 (2) ; and . B. The proposed alteration or expansion conforms to the current height limitations of the Zoning Ordinance. 2) By Special Permit If the proposed alteration or expansion cannot satisfy the criteria established• in Section 4 . 4 . 3 (1) above, the Zoning Board of Appeals may allow the expansion by special permit provided that the proposed alteration or expansion will not be substantially more detrimental to the neighborhood than the existing building or structure. EXHIBIT D 1 t 1 EDWARD W. KIRK 'ATTORNEY AT LAW WIANNO PLACE 901 MAIN STREET - P. 0. BOX 393 OSTERVILLE,MASSACHUSETTS 02655-0393 FACSIMILE (508)428-4800 (506)428-4111 Tom Perry February 6, 2003 Building Commissioner '[own of Barnstable 200 Main Street Hyannis, Mass. 02601 Re: Lot 2 - Christopher K. BLIIIocIC 63 Pheasant Way, Centerville Assessors Map 227 Parcel 142 Dear Tom: I represent Christopher K. Bullock who is the owner of adjoining Lots 1 & 2 as shown on a plan recorded at Barnstable flan Book 309 Page 99 in January 1977. 1 am requesting your concurrence in writing with our position that as a matter of zoning, Lot 2 is a lawful bUllding IOt, without the need for the grant of relief from the zoning board of appeals. Our position rests on two legal arguments arising out a set of common facts which are outlined below. Suiniilary of Legal Arguments 1. When a single family residence was constructed on Lot .l in 1977, the protection contained in 4-4. 2. (2) "vested" with respect: to both Lots I & 2, rendering any subsequent increase in dimensional requirements inapplicable to both Lots 1 & 2. ' o. m Toils Perry February 6, 2003 page two 2. When a single family residence was constructed oil Lot l in 1977, the protection contained in 4-4. 2 (2) "vested" with respect to Lot l , thus preventing a "merger" of Lot I and Lot 2 when dimensional requirements were later increased. This left Lot 2 to be evaluated under the provisions ol'the bylaw applicable CO IOtS ill Co111111on OWllershlp at tze time of`ally subsequent zoning change. Lot 2 was not affected by the increase to one acre'ln 1985 because It contained more than an acre. `File two (2) acre requirement of the RPOD enacted in 2000 was inapplicable for two reasons: (a) under 4-4. 2 (2) (A-D) any increase in area shall not take effect until 2005, (b) under 4-4. 2 (6) Lot 2 is specifically and permanently exempt lrom the increase. Factual 1-listory of Lots 1 & 2 l . At all tinges material to this inquiry the subject.property-has been and remains in common ownership. 2. On January 17, 1977 the Planning Board endorsed a plan entitled: "Plan of Land in Centerville- Barnstable Mass. for Christopher K. Bulloc�" ["The Bullock Plan"] dated December 14, 1976, which plan created Lots 1 & 3. Lots 1 & 2 were a division of Parcel B as shown on a prior plan recorded at Plan Book 298 Page 88, a copy of.'which is attached hereto as exhibit A. n Ianu�u 21 , 1977 Parcels A & B as shown on Plan Book 298 page 88 were 4. O Y Trustee by deed L conveyed to Christopher K. Bullock, ` the Bullock deed"] reco rded at Book 2458 Page 111 . A copy of said deed is attached hereto as exhibit B. S. On Jamsary 26, 1977 the "Bullock plan was recorded at Barnstable Registry of Deeds at Plan Book'309 Page 99. A copy of the "BL1110Ck Plan is attached hereto as exhibit C. 6. At the time of the approv-al and recording of the Bullock plan and the Bullock deed, the minimum area requirement for the I`C district was 15,000 square feet. Tom Perry February 6, 2003 page three . 7. Lot 1 was shown to contain 29,400 square feet of upland, had 20' of frontage and was a buildable lot. 8. Lot 2 was shown to contain 45,100 square feet of upland, had 20' of frontage and was a buildable lot. 9. A single family residence was constructed on Lot 1 in 1977. The permanent status of Lot l as a lawful building lot was "vested" at that tune. . 10. In 1985 the minimum area'regtiirement for new lots increased to 43,560 sduar,e feet; i.e. one acre. , 11 . At the time of the increase in 1985,wa house was in existence on Lot 1 and Lot 1 was exempt from the application of that increase as its status had vested in 1977. ' 12. Lot 2 contained in excess of the minimum area requirement of one (1) acre of Upland and conformed to the increased requirement t 13. 111 October of 2000 the,subject'lots were designated to be located in 'a Resource III-otection Overlay .District which established a minimum lot area of;two acres; i.e. (87, 120 square feet). 14. Para. 4-4.2 (6) of the zon.in' ordinance specifically exempted certain pre- existing lots 1r6111 the Increased a1-ea iregiiirements. Under the Specific "Vestin " Provisions Of 4-4.2 (2) The Consti-uctiOn On Lot 1 of a Single liamil�Residence In 1977 Permane uent.Zonin Increases lnapplicable to Both f of I and Lot 2 Lot 1 had a residence constructed upon it 1977 at a time when both Lot 1 and .Lot 2 conformed to the Comnion Lot PrntectiOn requirements contained 111 4-4.2 (2)-of the Barnmable'zoriing ordinance. Therefore, under the language of 4-4.2 ' such Common Lot Protection would be "vested" for Lot,l in 1977 upon either "the sale or transfer" of l__,ol l into'separate ownership, ,or the "building thereon .of: a residence" r r - 3 Torn Perry February 6, 2003 page four The sale or transfer ofone ol'two commonly owned lots results in a separation of the common ownership of both lots, and the protection which thereby results from said separation must and should apply equally to both lots, provided they each conformed to the criteria for such protection. Each individual owner is incapable Of using any of the area from another person's to bring his own lot into greater conformity with the new requirements. This is consistent with well established zoning principles and prior decisions of the Zoning Board of Appeals, such as Zellen/F ulhani (Z13A No. 1995-85) attached hereto as exhibit D. The Barnstable ordinance expands the circumstances in which such vesting may occur, and treats the constructionof a residence on one of the two commonly owned lots as the equivalent of a severance of common ownership by sale or transfer. Under the Barnstable ordinance, either of the specific events (sale of Lot 1 or the construction of a residence on lot 1) would "vest" permanent protection, not only for the lot on which the residence was constructed, but also for the adjoining and commonly owned vacant lot as well. Such "vesting" triggers the Applicability of the phrase "except-as otherwise provided herein" contained in_para 5 of 4-4.2 and prevents a "merger" of Lots I and 2 i.e. It relieves the common owner of the lot on which the residence is built (Lot and the adjoining vacant lot (Lot 2) from being deemed to have combined the two lots into one in order to create one lot which more closely conforms to the recent area increase. While 1 understand there is some reluctance to accept the proposition that the construction of a residence on one oftwo commonly owned lots permanently vests protection for both lots, 1 believe there is agreement that at the very least, the permanent status of Lot I has been established by the vesting language; i.e. Lot I standing alone (and without the need for the addition of any portion of the commonly owned adjoining Lot 2) together with the building thereon, was and remained a lawfully existing single family residential lot to which the 1985 minimum area requirement of one acre was not applicable. Torn ferry February 6, 2003 page five The adjoining vacant Lot 2, was not "merged" with Lot I in 1985, bLlt stood alone as a separate lot with Its own original bOLIndarles. Because it contained in excess 01.'43,560 s.f., it continued to be a lawful building lot unaffected by the increased area requirement of 1985. Under the Specific Provisions of 4-4.2 (6), The Two Acre Requirement Does Not Apply At All. By its terms, the enactment of the increased minimum area requirements in the year 2000, applicable to the Resources Protection Overlay District were rendered inapplicable to a lot for single family residential use which either (a) conformed to the requirements in existence at the time of the increase; or.(b) [ii'not conforming] had the benefit of one of[lie paragraphs contained in the section of the ordinance relating to pre - existing non - conforming lots. Lot 2 conformed to the actual current zoning requirements (one acre) and therefore . under paragraph 6 of 4-4.2; the increased area requirement of two (2) acres under the Resources Protection`Overlay District "shall not apply" to Lot 2. In the Absence of Such Specific ExemDtl ion, Under the Specific Provisions 4-4.2 (2) (Aj-)) The Two (2) Acre Requirements of the Resource Protection Overlay District Does Not Apply to Lot 2 Until 2005 And Such Protection Will Vest U)on the Sale of Lot of 2 or the BLIildinL) Thereon of a Residence Before 2005. In the absence of the immediate permanent protection found in paragraph (6) with respect to the Resources Protection Overlay District, under the pre-existing provisions ol�paragraph (2) (A - D) of 4-4.2 [Common Lot Protection] the two (2) acre minimLlrn enacted in.2000 would not be applicable to Lot 2 for a period offive (5) years and such protection would "vest" if Lot 2 is built upon or sold during the intervening five (5) year period. o Tom Perry February 6, 2003 page six Lased on the foregoing analysis, it is our position that under the provisions of the Barnstable zoning ordinance, but subject to the requirements of other agencies Such as health and conservation: 1 . Permanent protection for Lot I and Lot 2 "vested" when a residence was constructed on Lot I in 1977; or 2. As a result of the construction of the residence on Lot 1 in 1977, permanent protection vested for Lot 1 ; no merger of Lots 1 and 2 occurred in 1985 and Lot 2 remained a separate legal building lot Which conformed to the increased area reguirenlents enacted in 1985; and A Lot 2 is specifically ficall and permanently exem�t from the two acre ( ) 1 Y p Y I requirement of the Resource Protection Overlay District enacted in 2000. (B)Lot 2 is now a lawful building lot, to which the Increased area. regUlrernent of two acres shall not apply for a period of five (5) years from 2000. If a residence IS built upon Said lot within five (5) years or if it is transferred during that five year period, such protection shall permanently "vest". I would be available to MISWer cllly gLICStI0nS Which YOU IMIY have or to discuss the ISSUeS clt yOUr convenience. Very truly yore-s Edward W. Kirk E WK/se w/attachments' cc: Robert I). Smith, Esq. A'r 77 �J `( WLLCrA� . of >.�� �. \�)�\•i � v `\ Locos NA P Lo I� ce=_s vt.a¢s S.I 58 ✓�v \[ V r \ I It h y y_ R ` 61 - O I H 77/S (AV'lAC�T,^r pM A?e�Y7 OF A-7WVcr✓ADZ i dT C.VMa_S N UYERT OATEJ.)tWE :9./970. P[AN OA' LANO 5,4R1V J7TABL,E= I _ AooRO✓�� V.vGlR JVGO/­/O A•oL J [[G E.ERCC [UICA j C4 .v o+/Eo✓/RL O. /O- � -V 7�T c..c�:-:o a� i. aATc J✓.•f� /a:r7o �'?�•I �3Aa N:TAG t.Z F�1 A.v N/•vG .9dRR^� �.,acc. D �� o.+.w¢o 15- cQ.wn 5 w,! 3.1 s.crRr' F j cHA41cS SAVERY IIIZ wNGO BY —ILI'J" 2 'KEI Y i - SfG/1T�<C011 i VnA.S, A 5F- <oM8114ED 3 £71Z/NA/N<17 NTANM/J Ya1A5J.. 1 .9 fa i i I EXHIBIT E I °F1HEr°w Town of Barnstable ti b °^ Regulatory Services BARNSTABLE, » Thomas F. Geiler, Director T MASS. °lf1639- Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 Fax: 508-790-62394, Office: 508-862-4038 February 21, 2003 Edward W. Kirk 901 Main St. Ostervi 63 Pheasant Way, Centervil e Dear Thank you for your letter of February 6, 2003 regarding Lot 2,.63 Pheasant Way, C enter Y Center-Ville. In our closing arguments, specifically#1, you state that permanent protection was vested to both lots because of the construction of a residence on Lot1. This is not the case. In our meeting with Tom Broderick, Ruth Weil, and Bob Smith we discussed this exact scenario and none agreed with the fact that because you have two lots, and build on one, that the protection would be vested to both lots. The protection - would only be afforded to the lot that was developed. In the case of Lot 2 you provided a ZBA.decision, 1995-85, which overruled the Building Commissioner because lie felt that a lot that was conveyed into separate ownership after the zoning change was not protected. I totally agree with the board and feel that since this lot was conveyed to separate ownership within the allotted time frame that it was then given protection. The lot that we are discussing here, Lot 2, has not had this done. In order for this lot to receive vesting one of two things need to be. done. The ownership and control of this lot must be changed before the five year period from the zoning.change, which would be October 26, 2005 or the lot needs to be developed within this time frame. If you should have any questions, please call me at 508 862-4038. Sincerel , Thomas Perry Building Commissioner EXHIBIT F MA8& Town of Barnstable Zoning Board of Appeals Decision and Notice a. Appeal 2004-140-Bullock ` Variance- Section 3-1.3(5) Bulk Regulations Minimum Lot Area &Section 3-5.3 Resource Protection Overlay District To permit an undersized lot to be buildable under zoning Summary: Not Granted Petitioner: Christopher K.Bullock Property Address: 63 Pheasant Way,Centerville,MA Assessor's Map/Parcel: Map 227,Parcel 143 Zoning: Residence C Zoning District Relief Requested &Background: The property at issue is a vacant 1.74 acre parcel of which 40,583 sq.ft. (0.93-acres)is upland. The subject lot was created by an Approval Not Required(ANR)plan,endorsed by the Planning Board on January 19, 1977 entitled "Plan of Land in Centerville Barnstable Mass. for Christopher K. Bullock". The plan is recorded at the Barnstable Registry of Deeds in Plan Book 309, page 99. The plan created two lots. Lot 1 was a 3.4-acre parcel with 29,600 sq.ft. of upland and Lot 2 was a 1.74-acre parcel with 45,100 sq.ft. of upland. Lot 2 of that plan is the subject lot before the Board. Lot 1 was apparently built upon in 1977. The lot is developed with a two-story, three-bedroom, single-family dwelling of 2,546 sq.ft. of living area. Lot 1 is also owned by the applicant. According to a 1997 plan submitted with the application and showing the buildable area of the subject lot (Lot 2),the wetland area of the lot has changed and the upland area today is only 40,583 sq.ft., which is short of the required one acre. That plan also shows the proposed footprint of the dwelling to be constructed that measures approximately 65 feet by 32 feet including decks. The plan conforms to the required setbacks for the district and to the required 50-foot setback from wetlands. It appears the two lots were in common ownership when the district's bulk regulations changed to the one- . acre minimum lot area imposed in 1985. They remain in common ownership today. Although the Approval Not Required Plan was recorded, no individual deed to those lots was ever recorded. In Appeal 2004-140,the,applicant is seeking a variance to Section 3-1.3(5)Bulk Regulations Minimum Lot Area and Section 3-5.3 Resource Protection Overlay District to permit the existing undersized lot to be buildable under zoning. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 11, 2004. An Extension of the Time Limits for holding the public hearing and for the filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with M.G.L. Chapter 40A. The hearing was opened October 13, 2004, continued to;December 01,2004,February 16,.2005, March 30,2005,May 25, 2005 and to June 22, 2005, at which time a motion was made to grant the variance however that motion did not carry and therefore it is not granted. Board Members deciding this appeal were: Ralph Copeland,Jeremy Gilmore, Gail Nightingale,Ron S. Jansson, and Chairman Daniel M. Creedon III. Testimony on this appeal was given at the December 1, 2004, May 25, 2005 and the June 22,2005 public hearings. Attorney Edward W. Kirk represented the applicant, Christopher K. Bullock, who was also present at those hearings. Mr. Kirk explained that the applicant owns Lot 1, where a single-family dwelling was built in 1977 and Lot 2, which is vacant. Lot 1 is a 3.4 acre parcel with approximately 29,000 square feet of upland. Lot 2 was a buildable lot back in 1977 as it contained 1.74 acres with 45,100 square feet of upland. In 1985, the minimum area requirement was increased to one acre with 100% of upland. Mr. Kirk stated that based on the 1977 calculations of 45,100 square feet of upland,the lot would now be buildable,however,it has since been determined that the condition of a portion of the soil has changed and now Lot 2 contains only 40,755 square feet of upland. Therefore, the applicant is seeking a Variance. Mr. Kirk stated that Lot 2 is unusually shaped and the lot is much bigger than others in the general surrounding area. Mr. Kirk further explained that the change in upland on Lot 2 from 1977 to now is based on the manner on how upland is determined. It was noted by the Board that if the two lots had not been commonly owned, then Lot 2 would have been grandfathered as a buildable undersized nonconforming lot. The Board questioned access and Mr. Kirk noted that the lots have frontage and are accessed from a designated right-of-way over neighboring property. Public comment was requested and Attorney Bruce P. Gilmore,representing George Panaiotopoulos, a direct abutter at 84 Waterside Drive, disagreed with Mr. Kirk's summation of the issue. Mr. Gilmore's belief is that Lot 1 and Lot 2 merged through 27 years of common ownership. Merger of undersized adjoining lots held in common ownership. Mr. Gilmore also noted other conditions of access, and that all of the frontage is marsh and access cannot be gotten from that frontage. Mr. Kirk stated that the Planning Board endorsed the plan in 1977 and determined at that time that the Lots had frontage and-practical access serviced by one driveway. Mr. Kirk stated that it is his belief that those determinations have already been made. The Board explained that the Planning Board endorsement doesn't guarantee zoning issues and at the time(1977)the property may have complied because there was no requirement of frontage. The Board determined that certain issues with regards to frontage and"vesting"language contained in Section 4-4.2(2)should be reviewed by the Town Attorney's Office. At the hearing of May 25, 2005 the Chairman noted that a February 9,2005 letter from the Town Attorney had been received.' Attorney Kirk presented a brief history and stated that according to the Town Attorney's review, the Board can rely upon the ANR plan with regard to frontage. Attorney Kirk stated that conditions to qualify for a variance exist in the wetlands issue, as the lot is now short approximately 2,800 sq. ft. from the required one-acre of upland. Attorney Kirk's position is that the condition of the soil,the non-upland type of soil,is the element that justifies the grant of variance. As to frontage,Attorney Kirk stated that the Board may rely on 1977 ANR 2 ,plan endorsement of the Planning Board. Attorney Kirk further states that there are many homes with adequate frontage that use shared driveways as access. Some streets flood in the area of the frontage of their respective lots and access is provided another way. With respect to the"vesting"language,Mr. Kirk stated that Lot 2 had been vested by the development of the home on it. That left Lot 1 standing alone and also protected as a developable lot because it met the requirements of zoning at the time the house was constructed in 1977. Attorney Bruce Gilmore,cited the opinion of Judge O'Neil in a related case, Crouthamel v.Town of Barnstable Zoning Board of Appeals reaffirming the decision that vesting provides protection for Lot 1 but not for Lot 2, the lot before the Board today for a variance. Mr. Gilmore presents a drawing of the lot with the marsh area delineated and noted that the wetlands intersect with the right-of-way and there are issues with public safety as the access could flood. He states that with the lots merged and adding together the upland portions of those lots,only one acre of upland can be accounted for. Mr. Gilmore questioned what is the hardship,Financial? " The Chairman requested of Assistant Town Attorney Ruth Weil to address the vesting language contained in the ordinance. Ms. Weil cited that case law has ruled that the development of one lot does not vest the adjacent lot. The Board continued the Appeal to the June 22, 2005 hearing in order to allow for a summary of the facts and issues to be developed. At that continuance,Mr. Kirk noted a follow-up report to the Zoning Board of Appeals suggested a legal conclusion was that the lots have merged. He stated that the lots need not be combined, and in fact the vesting language protects the lot with a house on it and allows this vacant lot to stand alone by itself. And it is this `stand-alone lot' that is before the Board seeking a variance for it to be a buildable lot with less than one acre of upland. Mr. Kirk noted that the proposed development was approved by the Conservation Commission and the Board of Health,both of which found sufficient area for the lot to be buildable. He noted that it was unique due to the wetlands and that there would be no derogation from the ordnance or substantial detriment to the neighborhood as this lot is larger than most in the neighborhood. Mr. Gilmore,representing the abutter,cited that Section 240 .91 F. clearly states, "lawfully nonconforming lots that are adjoining and held in common ownership, or under the control of the same owner, shall be treated so as to conform so far as possible with the minimum area requirements of the zoning district in which they are located. No lots so merged,or portion thereof,they are to be changed or transferred in any manner that will increase the degree of nonconformity unless a special permit has first been obtained from the Zoning Board of Appeals. No such special permit may create any additional buildable lot(s)." Mr. Gilmore summarized four additional points noting that the lot frontage does not provide practical access to the developable area of the lot,the vesting language contained within the ordinance did not grandfather any status to the lot that was not built upon. The wetland conditions were not unique, as many lots in the area have wetland conditions, and financial concerns by themselves are not enough to establish a hardship condition. Findings of Fact: At the hearing of June 22, 2005,a motion was duly made and seconded to find the following findings of fact: , 1. The petitioner in Appeal 2004-140 is Christopher K. Bullock.The property is addressed 63 Pheasant Way,Centerville,MA, as shown on Assessor's Map 227 as parcel 143. It is in a Residence C Zoning 3 OIL + District and a Resource Protection Overlay District. The appeal seeks a variance to Section 3-1.3(5) Bulk Regulations Minimum Lot Area and Section 3-5.3 Resource Protection Overlay District to permit an undersized lot to be buildable under zoning. 2. The subject vacant parcel is shown as Lot 2, created by an Approval Not Required(ANR)plan, endorsed by the Planning Board on January 17, 1977 entitled"Plan of Land in Centerville Barnstable Mass. for Christopher K. Bullock". The plan is recorded at the Barnstable Registry of Deeds in Plan Book 309,Page 99. The plan created two lots,from an earlier"Parcel B". Accordingly,Lot 1 was a 3.4-acre parcel with 29,600 sq.ft. of upland and Lot 21 the subject parcel,is a 1.74-acre lot with 45,100 sq.ft. of upland. Both lots front on Pleasant Lane and both lots conformed to the zoning requirements for Residence C Zoning District when created in 1977. 3. On February 28, 1985,Article 1 increased the minimum lot area requirement for buildable lots in this zoning district and others to 43,560 sq.ft. As provided for in M.G.L. Chapter 40 A, Section 6, and, as provided for in the Town of Barnstable Zoning Bylaw of that time Section 4-4 Nonconformities, undersized adjoining lots held in common ownership were grandfathered from merger for a period of five years. In the early 1990s,Lot 1,the undersized developed lot of 29,600 sq.ft. of upland and the undeveloped lot, with apparently 45,100 sq.ft. of upland, were in identical ownership of Christopher K. Bullock. 4. In the case of Planning Board of Norwell v. Serena. 27 Mass. App.Ct. 689,690(1989)ruled that if a land owner has adjoining land-which would allow him to avoid or reduce a nonconformity,he is required to do so by law. Applying that principle in this case, the vacant land contained in Lot 2 and owned by Christopher K. Bullock would have merged with the undersized developed Lot 1 also owned by Christopher K. Bullock in order to satisfy the increased minimum lot area requirement of one acre. With reference to the one acre zoning,these lots have merged as required under M.G.L. Chapter 40A, Section 6. 5. With reference to the Resource Protection Overlay District, 2-acre requirement, adopted by Town Council on October 26, 2000, the effective date of this amendment was November 25,2000. The intent of that amendment was to protect legally-created buildable lots that predate November 25, 2000 from merger due to the increased two-acre minimum lot area requirement of the Resource Protection Overlay District. Five-year grandfathering would protect the vacant lot to November of 2005 from the two-acre requirement. 6. As required by M.G.L. Chapter 40A, Section 10,circumstances related to soil conditions, specifically the wetlands,especially,affect this land. However, they generally do not affect the zoning district in which it is located. 7. A literal enforcement of the provisions of the zoning ordinance would involve substantial financial hardship to the petitioner, and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the ordinance. The vote was as follows: AYE: Daniel M. Creedon NAY: Ralph Copeland,Jeremy Gilmore,Ron S. Jansson, Gail Nightingale 4 is v t Members voting in the negative indicated that no variance conditions have been shown to exist for this lot. With regards to the wetland conditions of the lot, it was noted that many lots in the neighborhood have the same wetland conditions. It was noted that the increase in upland requirements,lot area requirements, as well as the enactment of the Resource Protection Overlay District was specific to limit development in sensitive areas and to protect the coastal embayment. Mr. Copeland added that in his opinion,there is no frontage to the subject lot as the frontage designated in the plan does not provide practical access to the buildable portion of the lot. Decision: Following the vote on the findings of fact, a motion was duly made and seconded to grant the variance request. The vote was as follows: AYE: Daniel M. Creedon NAY: Ralph Copeland,Jeremy Gilmore,Ron S. Jansson, Gail Nightingale Ordered: The motion to grant did not carry as it did not have four votes required to grant the relief. Appeal 2004-140 is therefore not granted. Appeals of this decision, if any, shall be made pursuant to M.G.L. 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 own Clerk. o(6.- zoos-Daniel M. Creedorl, 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 5 E � :. _ _ _ .. - -a .. r � .�, a rt G r� �s. o , r, o ,. � v �, ,,. , .:_ - � 3 [' �;: � °� .. .. �, _ 6. � -, - n -. .. .. '. c .. 1 6 '.� b, ,. � .. .. a .. :. ! � �, x � i � '.. r � n.. ., o t". i� .: ^ ♦. � �.� .� 3. n _ +'..A ,� r -, � � ' .. � �. t � � .. � .. _ 9 �, a .. � �� . - a - - . .. ,�,, ., s.. -. ,: _ 9 .. e n W •, r. file kiders a 152#h Series" s o T -Pwduct.con,lhiidaifex . Aft IN USA t F-Agillout Aux a; a .-!3u iC(Sft EN EE LIU Ott%1'�� �'�. ;Nr ., jr, 1. f y r r, r r• r ,p �qt ,x; R' „0, a sy } r , `4!c r .r *�+/'. N. a ',',r r L. ,. .."° `t' a'r' o+E' -:� M ,r� y. 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".fL rt�L, arkre 'JY' 8" %,� '� Iv 7rr, s ,IT t ,r :p 1! ,,'+ t, x o f e 0,'t "+ 1r;r ,y r Yv. r?i, L f'i �,: i!' �YL❑�,. r .,, '..: ,. , + rho', j(� Q 'T? 1 �Y,..'C ,... b " .:g 1 t. '�,t. :.�, s} . '„ rr,.0• as 4`„ ,..� y.7 i 'R.. ,r '❑ .�'' a`.�i'A °4,�'. "t ,h �! ,❑ i- ',r s„, 7'y 7'''.�rylYrr > {iF..+'S r::7. :a",.IY • ii r r L ka a l �r y. j 4. 1. t ,z �r& .�, @P „ n ( liY, gd r - P'_.a. n,r f,�N y'•4: '3•�' Yf'. Y'�.. u ' .D r , Y d y t'h Qlv .,r N3 X 4-, d + .h "�a �l � m h h f r $' TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel 15%5rjq2 I Permit# 0 66 1, IQ 7F Health Division Date Issued Conservat'on Division L� IZ Z o� S�3-`'1l c Fee 73� SEPTIC SYSTEM MUST BE Tax Collector a "9 INSTALLED IN COMPLIANCE �� i 1 -0 1 0 7> WITH TITLE 5 �Dp� � �b ©� Treasurer ENVIRONMENTAL CODE AND / / � Planning Dept. TOWN.REOtJLATI- (ticked in By Date Definitive Plan Approved Plan ping Board lbJ pproved By IL Aalion/Hyanni Historic-OKH PresI s ` Project Street Addr s Village UAA-c"( t (e Owner C��l'S. G u l l o cfz, Address to PM 8 4C,'1 &s-k/U/ Telephone v Permit Request C5 (.(,a2. +- — 3 Bed r►'1 J '1a bad, 7f Or 2 Square feet: 1 st floor: existing proposed 1 VO 0 2nd floor: existing proposed $D U Total new / -6 a �,1 _—Valuation l 00:60_6777 Zoning District Flood Plain Groundwater Overlay Construction Type WOO CL Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. n = Dwelling Type: Single Family uY Two Family ❑ Multi-Family(#units) ,_ Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: C?;Yes ❑-Flo i� Lri Basement Type: Vull ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) d r , i Number of Baths: Full: existing new Half: existing new—� Number of Bedrooms: existing new total Room Count(not including baths): existing new First Floor Room Count 3 Heat Type and Fuel: ❑Gas )[Oil ❑ Electric Cl Other Central Air: NYes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage: ❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current.Use Proposed Use BUILDER INFORMATION Address a Q3�9 (2 d'• License# \,Lkv*_ b 14 3 2 Home Improvement Contractor# SS Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO /11 4 `S S r' SIGNATURE DATE r FOR OFFICIAL USE ONLY PERMIT NO. r DATE ISSUED - ' MAP/PARCEL NO. " ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION Y D 6pi0 (ID`b� V-1uIr - FRAME h fit. /Or e6 4,;7 INSULATION _•E �rb ut )TL O �- . FIREPLACE "`' C f- ELECTRICAL: ROUGH FINAL - PLUMBING: `" ROUGH FINAL GAS: ROUGH FINAL f FINAL BUILDING 4/27/07 4,AL. DATE CLOSED OUT. - Ill' ASSOCIATION PLAN NO. r r Y Town of Barnstable Building Department - 200 Main Street BARNSTABLE, * Hyannis, MA 02601 9 MASS. 1639. . (508) 862-4038 Certificate of Occupancy Application Number: 20061278 CO Number: 20070122 Parcel ID: 227142 CO Issue Date: 06/22/07 Location: 50 PHEASANT WAY A Zoning Classification: RESIDENCE C DISTRICT Village: CENTERVILLE Gen Contractor: R & R CONSTRUCTION CUSTOM HOMES Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: Building Department Signature Date Signed TOWN OF BARNSTABLE Building `� �► Application Ref: 20061278 i BARNSTABLE, Issue Date: 06/20/06 Pe rm t 9 MASS i639• �� Applicant: R&R CONSTRUCTION CUSTOM HOMES Permit Number: B 20060469 Proposed Use: Expiration Date: 12/18/06 Location 63 PHEASANT WAY Zoning District RC' Permit Type: GARAGE DETACHED RESIDENTIAL Map Parcel 227142 Permit Fee$ 738.00 Contractor .R&R CONSTRUCTION CUSTOM HOMES Village CENTERVILLE App Fee$ 100.00 License Num 060160 Est Construction Cost$ 180,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND GUEST HOUSE 3 BEDROOM,2 1/2 BATH THIS CARD MUST BE KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record:,BULLOCK,CHRISTOPHER K BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 253 S E WELLS DR INSPECTION HAS BEEN MADE. STUART, FL 34994 Application Entered by: NL Building Permit Issued By: THIS PERMIT CONVEYS NO.RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK',OR A PART:TH IT R TEMPORARILY OR PERMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY;NOT SPECIFICALLY PERMITTED UNDER TH BUILDING DE;_MUST BE APPROVED BY THE JURISDICTION. STREET OR;ALL"YGRADES:ASWELL AS DEPTH ANDTOCATION 01 PUBLIC:SEWERS MAYBE F P OBTAINED FROM THE DEPARTMENT OUBLIC WORKS. THE ISSUANCE`OF THIS PERMIT DOES NOT RELEASE THE'APPLICANT FROM'THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.:,'.;:'. , MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK:, 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION: 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). - 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE, PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.I42A). iK �1-1-WIN ,10 Wftftlo BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 (16)swic s Aulot V A .1 0(3 �pD�3lb6 2 �Pit/ 2 � / e o`t h6l fit- 3 &5/3lp-7 1 Heating T ection Approvals Engineering Dept 'oo C b01 -'`^' _ 117 Fire Dept 2 B rd f al rc�A.A6N t C'!�'a��� -� LPC, OY- l5�-0 7 ✓� IwcstFa2 . A1'xE55 ematz-'v 7-0 4y5O-R P`oF1HErowo The Town of Barnstable RAR A--';. E.M ASS. � Department of Health Safety and Environmental Services i639. ♦0 "rFOMA Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection t-rzcon� Location a c.4+ Ocw Permit Number Owner Builder One notice to remain on job site,one notice on file in Building Department. The following items need correcting: 4 C r3 al;rou.1111 PJ nA X/ r\6A- 'I mA-zL 11-t-1 LCJA-Jt-r- baS&k&� S )Cd CLS { V � 4r-,, /l O k l l t.� L /1 es k L - e'- Eck- t Cr Q 0►UA Wodki 1- ® 1 . WIA" KA- QMTZVCI;rI/ C6 J IV Please call: 508-862-4ft3t-for re-inspection. Inspected by OP. I A� Date I `pp tHE Tp�� Q p� The Town of Barnstable BARNSTABLE, • Department of Health Safety and Environmental Services MASS. t639. �0� pjED MPS�� Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 i Inspection Correction Notice Type of Inspection P 'yet' Location J 0A -b ece S a m'-� O a v Permit Number Owner Builder One notice to remain on job site,one notice on file in Building Department. 1 The following items need correcting): A(c(5 ae,3 heLi hl ASIA�CA-1 a Va ' e)C;DO•ed 4, ,. -03 V. S� I f$ &44 t u�1 Vl �' _5 C' /e r�`�c C� 4 I re C T V f V, V\ .4i4� arty -�;(e n)64es flk: Cr+{)f L.%)JIJ ee6 Va br- b0(fler ,ir �Y\5V- tkC�C�ux ,m kt`>Ptn,E'v.\ 7 __ Please call: 508-862-403-8-for re-inspection. Inspected by Date )1401 Fi�l d'e Eit -Tools Help> � e d f �TX � ,yy , `- @r ..`#. � • + caVj d" "� f 4 d .,.xbz. F' !•.}. C .C' ® ® _ 1 x is E .�¢ r " ��r��3 e +r r „s , P :r< & ff _ba.c B ,..BldgsJOCGUp �-d vY' p§'�`( a= ," V dp�'�r +ax,rs a ,+.. ,� a -,f * 'aPa Parcel. 227143 Subdivision Parking Property rrianager O;C . r k t� ii 0` rrBufferi g {Owner' 2710091IC� t YMunicipahty� �' CENT CENTER VIBLE �. a -;w *' BULLOCK;.' CHRISTOPHER K Inspection area. ' AP, AQUIFER PROTECTION OVERU a SeptlC '9 o ss» LCCatIOn �i { 3# J 67D P� Unik Status, M ate• as, �=m + tpSJ rt a. § J w,w..,. - roW.rl§.ESr ° Parent w u§.e xwl EASANTVA' p 'WN y^�:;k». etween ' aCa ,t � %eiltcf� =r t ; 'GeO/Dlst �,f r ¢ d' is C301rt O/idle -.e w s sand Corner lof Signs Lmclesc.w LOT �.� vj r'3 r n 'Periodic x P 11I,d�,,t�.�,�.';r'if,dk��"�'N`° u"�""'`.k'',w;?aff i3�� 5tli '��„kk�tfi"ht *"::*yY xl e�"nS*�tiv`o'Rnse"ww'Sas�r�"°+°ri•,».�hw.�'ek'r!r"aw 4 v�tl�t.a+ba,.""`.,J.%.s{.w�u a.,3.m -a`W`xk,a yf...w°`"i'Ep 9,y�pJ�'ay�a r,h"�x UselMsc §'ffi" !, « a L* a +§aw r q n v* aaNu�&WF Saa�;= V � .. Other Modules " { s, - Utselgroupi 13W DEVELOPABLE LAND Water type ' ' Ia t US memo * ° F °�' " a i, Sewer A, Zone code RC:R D C f s;; `r 4.4 t � ., M �. ^Gas type; R f ` � s B �. � y � e ,�' a s�: a Tsv s� '* effi, "fi s a �," �'}r S s p� '¢+ r 4 s„�. ra, .,a.*, &'f a , t .se:, on reference"S far u* .. s ' 7d p' P ,hx Pioad typed r q," a '" Refe j4; � Y' ,�, ..;^ .: 'Undergroundutils '�4=.-t, rk`ow�. � aewa *y §. '�s •r.gr kP.y.x "dms <� 't .e„Apprt ` It r s lolatioi Hstoy ' nions spechoris SubaddrsxtTe a s r d d, J» f � '; f17 $ , 1 vaNS Ir 'tj IV B a Maintain building joccupancy detail dip tFor the currentpoperty J ' - L j �.+ .s,r Bk 21 123 PS 97 • 06-23-20C B6 a 09 a 24SCR. oFtHE Town of Barnstable Regulatory Services BAMSTABLE, Thomas F. Geller,Director gyp,b 9 ,•� Building Division FD Mp`l Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 AGREEMENT FOR ACCESSORY USE OF RESIDENTIAL BUILDINGS ASSOCIATED WITH RESIDENCE I(We), the undersigned, Chris Bullock, being the owner(s) of property situated at'63 Pheasant Way, in Centerville, MA, holding title under a deed recorded with the Barnstable County Registry of Deeds or Barnstable County District Registry of the Land Court in Book to j'JS , Page or as Document No. being shown on Assessors' Map 227 as Parcel 142, hereby agree, certify, warrant and represent to the Town of Barnstable that the accessory building to the residence located on the same parcel as above- described, which contains living quarters, is not intended for and shall not be used as a permanent, separate apartment for year-round or summer occupancy, for rent in any fashion. The intended and authorized use is for the occasional guests associated with the residential use on the same premises. This separate unit shall not be used for a "Family Apartment" (as defined in Zoning Ordinances) which would require application and approval of a special permit and compliance with the Family Apartment Rules and Regulations. This separate unit shall not be rented as an apartment or as a single room, or in any fashion, which rental would be a violation of the Town of Barnstable's rules,regulations,and zoning ordinances. This Ag>eement shall be duly recorded or filed at the Barnstable County Registry of Deeds/Land Court for the purpose of alerting future owners of the property of this binding Agreement concerning the use of the property as herein stated,which shall run with the land and binding future owners. The consideration for this Agreement is the issuance of a building permit and/or certificate of occupancy by the Town of Barnstable Building Department. WITNESS our hands and seals this z 3 ~� day of `j4oivr 200 6 TOWN OF BARNSTABLE OWNER(S) By: '� G l l s�•� uilding Commissioner 1 THE COMMONWEALTH OF MA SACHUSETT BARNSTABLE COUNTY, SS Date Z 4(p 1 l I � -70 Then personally appeared the above-named (owner), i U d and Z y M made oath as to the truth of the foregoing instrument,before me. ` Z MOW •11111111111//,,,,, 1 Aag .••••• N M. '' ® o XA ����•P0� .t°'q�,�ljC ota lic mom L. a o s 100�+` �' 'My Commission Expires: p c o -q Q:word/accessoryagreement A�4,y�e� HUSE�'••••••` BARNSTABLE REGISTRY OF DEEDS .jjjjjj1l,, r �T'a L1 a 34 3 c2o'p 15wJ 033 i 208150 208145 a75 {N48 P0a p35 aze asz 207161 a55 �� �' 220171 ' �\ ' 171 /J a 62 #4 _ \ 207162 \ a 5s 227p 4001 207154 227843 �\ f 227161 ' ✓ `,h t \ 20 155 �/ a sa #18 227163 a 78 207156 �(p 20a71157 227162 958 227164 I a 72 � 227165 � a sa L 227166 207159 f �R/ lI 098 a37 227187 1. ! 1 $ W 5'i Ie r-1/4" 5-11,2" VERSA LAM@)2.D 31D0 DF :Flour�ml�$�2 BC GALC�I.92:Design Re°ott-US 1 soon I No o2lnt1110-V 'I Ohl slope Friday;June 111.2D06 15:15 Build 141 File Nam_, BC CALC-PMiect Job Name: Bullock Descno°on.?B0� Address: lot 2 Ph_dsant.Lane SpeCifiar: City,state—ZIP:Centerville, Ma Dasians;: Customer: Company: Code-reports: 3 -1114Q Misc: 2nd floor gtrtie- • :: ,. a unr .:-•n:: R :�. —S, =:<_ .. �•`•-_7;r"'.:' - =C:r - -_,o- . JY' d:,I..rn .: l�r.,�1,, 7"'^ -:•�. .J�i- .Ccl': — :E,M:C. '• , ...,., .i,. ...•:�;r ....,.�., .,.,.,_:C, •••ii,,:^�y...v.. Ic.�k .. �'. 7 ..:.`Y r.:re .r9.r.1"•a :i. •.I,. •r>•�,.�;r - :q:n'•'.:;:,r!;.�•. 7'roq� c.M..S r.L,._ a"�' r•.b M1•;.uuy,:,,t;:"ni r�xw�. , r� .. 317 jrl•:-V •;=.:: :•::V=.::'=t;•}}. :ry• i n7yn,r_�.�I.j•r. Y "Si .. x � .,L. - _ _ _ti :-{rv.•- , ,. 7'r.:i't.il,L✓41.Im:+' y., h.1fT - �.,1 G:�" �'-IG.h is l0.., ,,�,��.... ,,�rq,�......,�, m s:7n t• �, ,�,� ;$ I ��17�"�-�"�J +17�:_La_��a_�:�i,�il4ur:.'�• B1.1-3/4" BO.1-314" LL 26251bs 1L76251135 DL'?4-5.lbs DL2s5 tbS Total of ficmmntal Desion Steads=12-DE-DO imad Summmy Live dead Snow Wilt Roof.live 'Tw besmicition Re.. start End 1110%. 90% t15�110 133% 125% 77*1 14-QD%DO 1 standard load Unf.•Area Left oaOD-Do 12-06-00 3o�f 10 ns` .CaT&oLs&mmwry vaiue %Altmmble Duration t-vad Ome nlpcatiun ftej 7sure Pos. Moment 11 lag ft-lbs 53.4% TOD% 1 1 -trttemal Camoleteness and accucacy'Of mputmus! End She�ir 3083 Ibs 32.6% 100% 1 i -1wfE be verified byarryone who would rery on output as�evidenca of suitability for ►Dtal1.02:1 Deft L/35E(0.419") 67.1% � � particularapplicat7on.Output nere•bas_c live Loac'.Deft. L/4B8(0.309") 73.8% on boildtna code aoceoted lesion Max Defl. QAIT 41.90i6 1 1 prooert,esandanalysismw-thads. $pan/Depth 15.8 -n/a 1 Installation-of B01SE engineered wood productsmlist be ina=uvdanc=with current Installation Guide-end applicable- 'Note€ building code=.To obtain Installation Guide Design meets Code-minimum, (U240)71tal load defiecbon c terra. or ask noestions,vl_ase call -Design•Rleeis Code mtrrnnurn(U360)live load:deFlechon'LT�ia. (BOD)232-07BB betore tnsbllaticn. Design meets;artl teary(1")Maximam load ilefledon:criteria. BC CALCO.BCFRAMER6"i.AJS'"i, Minimorrrhearing Length for$0 is 1-112 ALLJOISTQO.BCRIM BOARD'"'.90I0, Mlijimgm.beNrinn'lenpth'`tor$1 is 1-112". 'gOLSEGLULAM—.SIMPLERAMING rnLeredlDisplavediiororttalShanLenoth(s)=Ciew5aan 1/2 min.-end heanna+ SYSTEMS.VERSA-LAMG).V=-PSARUVL 1/2intermedrdtebeamo. PLUSO,VERSA RIMe7, VERSA-STRANCTM.V;iSA-STl]DV-am ttadernarls of 6o'lsa Wood Product:., L.L,C f Pane 1-.011 1 10 'd LePLLb809 'ON XVA °II8109 Wd 5Z,£0 INS 900Z-9i-N(lf »` Tripfe 1.31 "x 9-912"Vr=RSA4JWQD 2.0 3400•SF noar geam1M02. /� Al D 3 D..sim- C 1 awn I No mmilevers('0/12slope Friday,dune 16.2006'07:40 BIM CiAL'C�'g.3.Deeign ��U4 BUild D471 mile Name; 'BC CAL.^I'wie.^t Job Name: Bulbd< Description:FS02 Addrem: lot2 Pheasant Lane bbedfier. iDesiQner: City,5tate,zp-.Cent"lle,Me Comoan}. CumtOmer: Mist: 2nd tt00r-be3m CodeTeOorts: EBR-1040 'Q4)6-m B1 LL.%Mf 1.L2M5:Ib5 7DLM Ib5 DL96311>, -rwwvt•NtrlLoaW Dealpn swo m-124)&W i_AEd stmmmy lyre beat! liq_ H MAW of!w .i Lmd'T liaE. strt a Emd. W% fi016 imr 133V. IV% 7r1�• 1 5ter�ard Laa` Unt.Pm(>rti Lett 0D-8Q D '12-0WZID 30 10 14�00-00 Cowin als-suffam value *A Amum ran Di=-Iosulls Pos. Momen' 112111t-lbc- 53 6% 1009E + 1 -httemal pp greas�rtd r�tiflptrt�t►ur;32.69E 100% '! 1-Lett 17e�eritledtN�rnronewhovwuld�eNon End shear 30131 tbb 1 1 meDares.wdenoem�tbNsy+ivruarta:ale� 7atal.L'nad�Defl. Ll35r E0.47 j 67.3% ypolMation.Dnwime,eeadonituNim Live Load.Defl. LABB(0.306'y 73.89E 1 *0PV nertiesand Mac NO.. OAT 42.0% ' � �s •1rdMallutbn&BOISE" Soap f Dc!oth 15.t We 1 Wmdyrodut39te99be in aca::a Er a%ft cmm t iralublAn Grade o apollble buddine xadss.3 o ae mir, Notes msmlrettm+GUW ar uSh ooIMmm, e eim Design Yrree�Code minimum(LTZ401 I=1 toad Ll n L'fRen& car M0M232A7 t@lorbilla ror._ Design-m.wts Code-Mmimum(1J.3601 Live load deflirditm cliteria. BC PALce.BC FRAMERS).AJV". Desipn-neetsarbl%mry(T)Maximum toad-defleation c ritetta. ALUDIST6.BC'RJM aDARC'TM•BCIe+• MinimumbearmEt lanoth for B0 is 1-1C7, SDtS_GLULANr"".SIIIIIo'.=zRAMINc MinimUm-tearinpterlgthforB1 is 1-Wt. SYS;EMV,VERSA-LAMB,:"_ SA-'RIM =Tftred/Disolayed Har¢orrtal Span.Lngthts;'=Clear Shan i 112-min.end hearing 1 pLUSV.V_=RSA-R1W 112 hRermedtate bearing VERSA-STRAND .%ERsASTUlZ* fe tgow is o/Bt>IP Woa'l pmd=ta.LLC. ColtTteCtioft Dia . b 4.— �a y 6 r, wmimmum fwe 1 vt'I M 'd ftebLLb805 'ON XVA 0 1 le 109 Wd Se:60 I dd 900e4 Nf'r " kl�Tw 21M 05fi joistual 1r3C DpLCO)92 Design Report-US 2 soot I No cant lemm[0/12•slope rriday.June IS.2006 D7:3i Build 047 IVI OCS Non-RevetRlve Glued S nailed construction =11e Name: BC CALC•Proiect Job Name: •Bullocl: Descriphum J01 Ate: lot 2 Pheasant Lane Specifier. City,Ewe.Zap:commilie. Me Deslpnw Ca.stmmer: Company: CoJen.00r ESIR-1W. ffoormisft .. ..•• •. . :... U.. 4.�aC 14O 6M '131.3-1r"• 32.I—Vc BC.1-t4" 11933 Mr. IL327 Re- LL32TNl. DL1051br- DL 1051w Toth cf+1cmntmI DmmW SIMM=219M Lnad S1ir11>TuMIFy't18 Lire DEW SnSnowV Mld Red L We T � Load 4w. Start end 70r1S: YOti: 116% 133% 1lM% DC6 1 Standard Load, Ulf.Aria(psf) Left, ()"D-W 28-00-00 40 1 1611 Cprt MIS:113'amm •Yalne %Allowable Datow L me mew IgunLeemilor .�izCl05ute Pos. Moment 1270 ft-lbs 37.49k- 1D0°k 15 :2-Intel,al GAAMMU aneM s5naFxf+wk'R' Nag[.Moment 1797 ft-Ib5 -52.9% 100..9E 1 1"Right �eNderioe�w�hllitt►ioraartia�lo� ,cr.".d Reaction► 426 Ibs 37:3% 100% 14 1 -Left oG`ontlste an b,r wm Int.Re=o1, I=Ibs 43.1% ITIM 1 2-Lett code acaeo�dbsmpn ProaeRles and .Cant Shear •631!bs 54.1% TOM 2-L"4 vre►n metlnds.Imbim m OTMOISS Total.Lmd Deft. LM9(0.1T') 24.39E 14 1 , Trodommust be r Live l naci DO. Ll t217 MAW') 39.5g6 1a 1 dancetaMf+cm.el - n t+alde Total Nett-Deft. -0.033" 6 7% 1f 1 b��dldllwo codes.To ahmin Ma-..Deft 0,171 TT UO,� 14 1 lacwatlon pirlde orsk�tledv+s.3rlease Soon!Depth 17-1.-r n/a 1 odn're00123zJ07ffi be! Te inftlidim. 13C CALC&.BC:FRANERt.A.ISw*. N0 8 ALLJO19M.13CRIMBOARJ'".BCITO. Desipn-m9ats codemtnimum(1124D)'fntal load defierton criteria. Bdl,=cLULANr-,'SIMPI-FRAMING SYSTEM.VERSA-LAW,VERSA RIM Design meet,Uyer•. pecifiad fU4801 Live load dunection-crit9ri2. P.WSEt .VERSMUM , Design n30!ft arbitrary f 1 I MMMUm toad deflection caiteri2. vFRSA-MAIM,VMSA-MUEMwe EntamdA]ispWMW.Horizdrlltl Sown L>°ngth(e)=Clear Sown+112min.vend bearing: i goffmifsvfBoise Wood ProOncls•L-L.C. •1!2 Men,neldiais bearinc .C.bmpoelte rl value tamed on 2313 'thictcsheathing glued-Ind;latled to I el.- Page 1 Df 1 EO 'd KaZ LLVROS 'ON XVA 0118109 Wd Se;£0 I H 900M I-N( Tripje 1-314" x g-1F2"VE RA-LAW 2.0-31=5P fj0wBv8m7m3 BC CALDOD 9:3 Deaipn Report-U5 •4 Spans No kve►s 10112 elope Friday,June 1f,2006 07:42 Build 04` =ile Name: BC CALL PrOmct Job Name: '8u11oelt U° iation:F803 Address: tot2:Pheaea11t12n2 smcft'. City, State,Zip:Centerville.Ma Destgfter: Customer Comcam� Codempuft: ESR-1040 1lflisc 1st floor pipder 4-` I AS•71B4� ------------ �Bm � ��"m 08�B-oD B1 F2 1L'7790.Ib� LLM41 Ifs LL i4mibe LL 1.4517� LL 544Di� DLW8I13s aL36i81� DLTSMI Ibr. nusm be. nLZDSe Ids Todd of iiv I I D@Wn•Scw*=-344)w Ljitl BQRIImBry hive Dod 'Smw whd 1bWL-w T lmmdlVpe 1tet. stirs i°r,d im 90% IU% I= 125% Trrb. 5>ditdard LoaG Unf. Area(Mt) LEft DO-�D J 34-OB-0C' 40 16 '7�C 2 wall Unt-Lin.(clf) Left 12-06.00 34.06-01). so of 4 3 2nd floor Lint.Area(pe) Left 12-CO-00 344DB-DC 40 15 17-06 We 4 2nd floors earn Cone:Pt.lids) left 12'Da-0D 1.2-D6-OD 2625 933 We Cmdmh:Summavy value %Apwmme Omafim a=dCm Smrt►Lorbor Disclosure PCs.momwe, 14D60#4- 6 f37-2% 10D5o 16 4-Intemal Cwralab:aeas sclarmmam of tnput must Neu. Moment -18670 4kz lm:6% 11)0 L 3-124pht � �i11101'e"'i'°'N01 `°` T�nd'Sherrr -'a769 Ids 60.9% 100% 16 4-Right A-let" application.nreputtretetmaedvn-bullding Cant Shear EMSIbs 222% 1D0% 22 cmlw �d dolgi+pq=WnWW i 3.1% 16 x " w*,W&Tmdtwd&1mhadlorl of BOISE Live Load DO L/583(0.179') 61.7% 1 r 4 '00cm P ad ml, rrrffibe in Tatai Ne(j.Defl. 0.1197- 19.8% 16 3 w mdm rAwb am-011t + nude Max Deft 023.1 23.'D% 15 a mWWDll=blat011dirp=des.To-obfain Span lDeoth 10.8 rJ2 ; tn�a119ttonGuioearaatrau�tlons;tom �Il t80p1Zi2�TBBbaion:italetim. Notes BC CALC O,BC FRAMEW AJS'M, Desipn n CodeTftlmum U240)Total lmd deflection cift E. ALLJOIMI.1SC RIM H177CF:ID-,BCIO, Designin eets Codem- iinimun(LMD)Live load deftwfion erit-ona, BOISE'GLULAN^".BIMP.LFFRAWNi': Daslpn hmets arbWary(1")�Msximurn load deflection 1:riterm. 8YSTE USV V.4ERs�L�1®•�'=R�''RII� 'PLSt�.V�RSA.RMA&, Minimum tearinpienpth-for 130is1-1;7'. VERSA-' IRAND®.VERSA=STUMIns- Minimumbeartnp'kTohforBl is3-1T" esdstr®tKs-ofB0iww wPm&c%'1-L:.. Minimum Keating lenpM for'B2 is B". Minimumbeafing IengM forB3 is S-lM, Minimum bearinp ienpth forB4 is 17/0" "Fri teredlDispiaved Hodmntal SpanLenpth(s? Clear pan{ 1r2min.end bearinc 112irrterrnedWm-bearing Pape 1 of2 b0 'd 6LDL0809 ON XVA 1118109 Wd 5Z:60 ISA 900Z-9I-NOf no Triple 1-314"x 94.211 VERSA,LAND 2.0 3100--SF 'floorBeatrilf= SC.CALC®P.3 DesitmReoor,-US 4 spans No cantilevers 10/12 slope Friday.June 15,2006 0-7:41 Build 04; File Name: SC CALL Proiect Job Name' 'Bullock Desariobon: 30= Addrps: Io2 sa 2Pheant.Lanc S D esmia er: City. Stat_.2ip:CenWrVilie. Ma ian�r.Customer: Camuany: Cade repotL�: =SR-1 Ct4C Mist: 1st floor girder tatrt Disclosurecormeetion Dina lompleleness•anda�uracy of:inoaAmIt d d—^L be verified byanwnawhowonld Wv on t� �_. .. .y�•_.;- oubut as evidencev►sWtawty toraerticulat a • _ . • I �ppl�ration.Oatoot baser on-burthng R I �' I �: pmd'd�onprvoeeiesand' F - � analygl5'mettlodB.histdtlanQt Of B�IS_ f ErlajvwMd WOOdpwd17CtaTn=be in • t, I ;;•,I aCCDIdance.wth=Entinswsilation Gulde — and applicable building codes.'i o obtain tistal Lion Guide vrank•aaestions.pcease Ballt8=232-oMbeforeVwahatw. a minimum=2„ bmirri nutr:= d=i�" BC'CALCO.DCFRAMERG-AJS'v. e minimum=3" ALWOI�.BC-RIM ROAM .Br W, Connection designmenumesvu"k adie apaaudad'. For connact unriesion of:side-landed'point bads,please BDI==_GLULAW SINIPLr FRAMING .consult a m&mcel teo►esnntatiae�r orofesaionfll or Record. SYUSa9j. r,VSA-'RI tARA®,VERSA RIM Pi.US�i.V+rF?SA RINgi•, 'Wnrbarbes-noside lands. V-RSA--UTRANDC.VERSA-SYUDQD are Corowdreba:1 toads a+a notncnsid and inside loadare"is• trademarns of Boise Wood Prodome.LL.C. Cormesmm am:1Rd Stinker Malls Pace 2 of 50 'd W1 LLb805 'ON X.H 0118109 Wd 9Z:£0 Ind 900Z-9I-Nflf Double 'I-XC x 94 2"VERSA.LAkM 2.0 3100 SP FIDD i Beam7W2 - 1 span No cantilevers I W 12 slops :Friday,June 16,2006 07:40 ;C CALC®9.3.Desipri ROPOFt-US wild 047 rIisa Nam:: a.CALCTIoIect Daecricton: 302 ob Name: -Bullock %mclfie:: ddress: lot 2 Phomant Lane 'Designer 'KY.State.Zip:CLsrrtervllle. Me Conroiany: ;ustamer: :Mw: 2nd floor beam ;ade T8porlr:: NSF-1040 1L3845 Itm LL 2125 Ib. MILM13 im 'Total of HOrlOW01 Daelpn-'WW-12-06<C' Live Deed snow Wind 11014 Lire Lola SzMffilnaTY mac. f10% tt6Y 15196 7 Trds. T >D�10 Load Rat. :wart End 1t-00-0[ Slartdtnd Load t.lnf. Area(Dsf1 Lef`. 00.00t-OG 52-06-OC 30 1C Lead base. 8oan Lxratilon Disclosure. Carttrols$drrirnary Value 1 1 -trRsmat c�mmceteneasenda ��s+ieioeae� Pos. MCM14K 1112D-t4tr- 7g.7% 100% be padbyWWMwhowoeldvelv-=- 30 66 Ibs 4B.�9e 10D°iccumutmSeviclarms I-��p�c. End Sheer n T-otal—1- 00'd=�'{;. _1240 L•0.62, 10E.f� dmignwmenlimunt Live Loan;*: 4E11 -: `0:-�`i^ . 19 s.trteMl&4onofB015: May DOI. Q 52` 62' WM"flW%VW07V n, �nust�e ir+ 3Gan/Depth 15.e We ec6Wft►,wVMh currat Umboom Quuide wdspaumbLpP rafts. fuzbwr Imblieftn nwm wak'q °t diam Cmkion5 Mernher iss insufFipdnt to carry loads for Code rnirnrflum lom:leffection at limit of 11240. can e8o0)?324788 betrne °n• Member b,inigiffreient.W carry loads for Code minimum Live load deflection at iimfi of U360. EG CALCO.EC•FRAMF-RO.AJSTP' AUJQIM.BC RIM BOARD",SC-19 Hates BOIS=GL.LILAw .SIMPLE rRAMING Design1'neet9ar�ary V maxIn loz:l.deflectioncritertG, pWm�R54-RIM-'VERSA-LAMS.VERSk RIM MmtmuRrbesnno length totEO is 1 VER5A-75IRAND5.VERSA-STuDOSle Mtromum:beanno length for 81 is ofeoiw wood f�..L.LC• F� pa teradijkW18ved Horizontal Span Lvnpth(s=Clear Span+12 min. end b°arin� tfaderrraif� 112 intern-wdiate Dearing CanToction DiROW, 1qr—e—API e i � e a minimum=Z' C=5-1 C, b minimum= d=12" Page 1 of 1 90 'd 6lCLLV805 'ON XVA °IIa1°9 Wd 9e;£0 INd 900Z-91-NAf &N �jl( Boat house 1 3/4" x 91/2" 1.9E Microllam®LVL TJ-Beam®8.20 Serial Number.7005127828 828 Pagel Engine THIS PRODUCT MEETS OR EXCEEDS THE SET DESIGN Page 1 Engine Version:8.20.16 CONTROLS FOR THE APPLICATION AND LOADS LISTED F_ E ® Product Diagraraa,%s.ConceptuaL LOADS: Analysis is for a Header(Flush Beam)Member. Tributary Load Width:T 4" Primary Load Group-Residential-Living Areas(psf):40.0 Live at 100%duration,12.0 Dead SUPPORTS: Input Bearing Vertical Reactions(Ibs) Detail Other Width Length Live/DeadlUplift/Total 1 Stud wall 3.60" 1.50" 240193/0/333 All:Blocking 1 Ply 1 3/4"x 91/2"1.9E Microllam®LVL 2 Stud wall 3.50" 1.50" 240/93/0/333 Al:Blocking 1 Ply 1 3/4"x 91/2"1.9E Microllam®LVL -See TJ SPECIFIER'S/BUILDERS GUIDE for detail(s):Al:Blocking DESIGN CONTROLS: Maximum Design Control Control Location Shear(Ibs) 320 -253 3159 Passed(8%) Rt.end Span 1 under Floor loading Moment(Ft-Lbs) 694 694 5887 Passed(12%) MID Span 1 under Floor loading Live Load Defl(in) 0.032 0.217 Passed(U999+) MID Span 1 under Floor loading Total Load Defl(in) 0.045 0.433 Passed(U999+) MID Span 1 under Floor loading -Deflection Criteria:STANDARD(LL:U480,TL:U240). -Bracing(Lu):All compression edges(top and bottom)must be braced at T 4"o/c unless detailed otherwise. Proper attachment and positioning of lateral bracing is required to achieve member stability. ADDITIONAL NOTES: -IMPORTANT! The analysis presented is output from software developed by Trus Joist(TJ). TJ warrants the sizing of its products by this software will be accomplished in accordance with TJ product design criteria and code accepted design values. The specific product application,input design loads, and stated dimensions.have been provided by the software user. This output has not been reviewed by a TJ Associate. -Not all products are readily available. Check with your supplier or TJ technical representative for product availability. -THIS ANALYSIS FOR TRUS JOIST PRODUCTS ONLY! PRODUCT SUBSTITUTION VOIDS THIS ANALYSIS. Allowable Stress Design methodology was used for Building Code UBC analyzing the TJ Distribution product listed above. PROJECT INFORMATION: OPERATOR INFORMATION: Champion Builders Jackie Bamaby Greywing Design and Consulting 131 Quaker Meetinghouse Road East Sandwich,MA 02537 Copyright ("-2005 by Trus Joist, a Weyerhaeuser Business MicrollamR is a registered trademark of Trus Joist. C:\Documents and Settings\owner\My Documents\business\tjbeam\boat house gar.sms 14 - Boathouse ®� `�,�� TJ-Beam®6.20 serial Num� 0o`' 278`"� 1 3/4" x 91/2" 1.9E Microllam® LVL Pap 2 EngineVersion:62.1 THIS PRODUCT MEETS OR EXCEEDS THE SET DESIGN CONTROLS FOR THE APPLICATION AND LOADS LISTED Load Group: Primary Load Group 8' 8.001, Max. Vertical Reaction Total (lbs) 333 333 Max. Vertical Reaction Live (lbs) 240 240 Required Bearing Length in 1.50(W) 1.50(W) Max. Unbraced Length (in) 88 Loading on all spans, LDF = 0.90 , 1.0 Dead Shear at Support (lbs) 70 -70 Max Shear at Support (lbs) 89 -89 Member Reaction (lbs) 89 89 Support Reaction (lbs) 93 93 Moment (Ft-Lbs) 193 Loading on all spans, LDF = 1.00 , 1.0 Dead + 1.0 Floor Shear at Support (lbs) 253 -253 Max Shear at Support (lbs) 320 -320 Member Reaction (lbs) 320 320 Support Reaction (lbs) 333 333 Moment (Ft-Lbs) - 694 Live Deflection (in) 0.032 Total Deflection (in) 0.045 PROJECT INFORMATION: OPERATOR INFORMATION: Champion Builders Jackie Bamaby Greywing Design and Consulting 131 Quaker Meetinghouse Road East Sandwich,MA 02537 Copyright P 2005 by Trus Joist, a Weyerhaeuser Business MicrollamQ is a registered trademark of Trus Joist. - C:\Documents and Settings\Owner\My Documents\business\tjbeam\boat house gar.sms : K Town of Barnstable srae�, r Assessing Division 367 Main Street, Hyannis MA 02601 Office: 508-862-4022 www.town.bamstable.ma.us Jeffrey A Rudziak,MAA FAX: 508-862-4722 Director of Assessing June 13, 2006 Christopher Bullock 63 Pheasant Way Centerville,MA 02632 Dear Sir: Please be advised that Assessors Map Lots 227-142 and 227-143 have been merged as you requested. The new lot number will be Assessors Map 227-142. Enclosed you will find a copy of the"request to change Assessor's Map"which was sent to Engineering and will be reflected in the FY07 Map book. If you have any questions please feel free to contact me. Sincerely, 4. reene John Seni Assistant Assessor r Town of Barnstable Regulatory Services '"�"�'` asxss.� Thomas F.Geiler,Director . �* Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize Ce"Ar..J (Roloc.—iwt AWzfetoto act on mp behalf, in all mafters relative to work authorized by this building permit application for: (Address of Job) Signature of Owner Date Print Name QTORMS:OWNERPERMIS SION D� OF tNE Tp� yP� Town of Barnstable 9B SrABLE,V Assessing Division �p i639• �0 367 Main Street,Hyannis MA 02601 www.town.barnstable.maxs Office: 508-862-4022 FAX:508-862-4722 TO: Frank Schlegel, Engineering; Building FROM: Town of Barnstable Assessor's Office A THORIZED SIGNATURE DATE: RE: Engineering Request to Change Assessor's Maus ❑Please combine the following parcels into one parcel: aW7 y� Retain Parcel Number 6a7- /y and void all other parcels. ❑ Please correct acreage on Parcel Number to acres. The current acreage of acres is incorrect. i ❑ Please plot the attached survey plan for Fiscal Year 20 i ❑ Please change Parcel Number g to: ❑ Please do the following: ❑ Please assign street number and verify acreage for the following: g Plan attached Yes No Deed attached Yes ✓ No Q:\--Assessor's New Data\Word Documents\Engineering Change Request.doc .1 Permit Number MECcheck Compliance Report Checked By/Date Massachusetts Energy Code MECcheck Software Version 3.4 Release 1 Data filename:Bullock.mck TITLE: Custom Home and Residence CITY:Barnstable STATE: Massachusetts HDD:6137 CONSTRUCTION TYPE: 1 or 2 Family,Detached HEATING SYSTEM TYPE:Other(Non-Electric Resistance) DATE: 10/06/05 DATE OF PLANS: 10/05/05 PROJECT INFORMATION: Chris and Karen Bullock Lot#2 Pheasent Lane Centerville,MA COMPANY INFORMATION: Kenneth Sadler Associates P.O.Box 1149 Hyannis,MA 02601 508.790.3922 CS#039020 COMPLIANCE: Passes Maximum UA=300 Your Home=240 20.0%Better Than Code Gross Glazing Area or Cavity Cont. or Door Perimeter R-Value R-Value U-Factor UA Ceiling 1: Flat Ceiling or Scissor Truss 566 38.0 0.0 17 Ceiling 2: Cathedral Ceiling(no attic) 460 ggj6 0.0 15 Wall 1:Wood Frame, 16"o.c. 420 (21-D— 0.0 21 Wall 2:Wood Frame, 16"o.c. 486 1 2 0 0.0 24 Wall 3:Wood Frame, 16"o.c. 420 21 0 0.0 22 Wall 4:Wood Frame, 16"o.c. 486 c21:0 0.0 25 Window 1:Wood Frame Double Pane with Low-E 26 0.340 9 Window 2:Wood Frame:Double Pane with Low-E 46 0.340 16 Window 3:Wood Frame:Double Pane with Low-E 28 0.340 10 Window 4:Wood Frame:Double Pane with Low-E 51 0.340 17 Skylight 1:Wood Frame:Double Pane with Low-E 12 0.410 5 Door 1: Glass 30 0.330 10 Door 2: Glass 20 0.270 5 Floor 1:All-Wood Joist/Truss:Over Unconditioned Space 1008 21.0 0.0 44 COMPLIANCE STATEMENT: The proposed building design described here is consistent with the building plans, specifications,and other calculations submitted with the permit application. The proposed building has been designed to meet the Massachusetts Energy Code requirements in MECcheck Version 3.4 Release 1 and to comply with the mandatory requirements listed in the MECcheck Inspection Checklist. The heating load for this building,and the cooling load if appropriate,has been determined using the applicable Standard Design Conditions found in the Code. The HVAC equipment selected to heat or cool the building shall be no greater than 125%of the design load as specified in Sections 780CMR 1310 and J4.4. Builder/Designer I. T� �� m Date 1L9 N'� MECcheck Inspection Checklist Massachusetts Energy Code MECcheck Software Version 3.4 Release 1 DATE: 10/06/05 TITLE:Custom Home and Residence Bldg. I Dept. I Use I I I Ceilings: [ ] 1 1. Ceiling 1: Flat Ceiling or Scissor Truss,R-38.0 cavity insulation I Comments: [ ] 1 2. Ceiling 2: Cathedral Ceiling(no attic),R-30.0 cavity insulation I Comments: Above-Grade Walls: [ ] I 1. Wall 1: Wood Frame, 16"o.c.,R-21.0 cavity insulation I Comments: [ ) 1 2. Wall 2:Wood Frame, 16"o.c.,R-21.0 cavity insulation I Comments: [ ] 1 3. Wall 3: Wood Frame, 16"o.c.,R-21.0 cavity insulation I Comments: [ ] 1 4. Wall 4:Wood Frame, 16"o.c.,R-21.0 cavity insulation I Comments: I Skylights: [ ] 1 1. Skylight 1:Wood Frame:Double Pane with Low-E,U-factor: 0.410 I For skylights without labeled U-factors,describe features: I #Panes Frame Type Thermal Break?[ ]Yes [ ]No I Comments: I I Floors: [ ] 1 1. Floor 1:All-Wood Joist/Truss:Over Unconditioned Space,R-21.0 cavity insulation I Comments: I I Air Leakage: j ] I Joints,penetrations,and all other such openings in the building envelope that are sources of air I leakage must be sealed. [ ] I When installed in the building envelope,recessed lighting fixtures I shall meet one of the following requirements: I I. Type IC rated,manufactured with no penetrations between the inside of the recessed fixture I and ceiling cavity and sealed or gasketed to prevent air leakage into the unconditioned space. 1 .2.. ;Type IC rated,in accordance with Standard ASTM E 283,with no more than 2.0 cfm(0.944 I L/s)air movement from the the conditioned space to the ceiling cavity. The lighting fixture I shall have been tested at 75 PA or 1.57 lbs/ft2 pressure difference and shall be labeled. I Vapor Retarder: [ ] I Required on the warm-in-winter side of all non-vented framed ceilings,walls,and floors. I I Materials Identification: [ ] I Materials and equipment must be identified so that compliance can be determined. ( ] I Manufacturer manuals for all installed heating'add cooling equipment and service water heating I ' equipment must be provided. [ ] I Insulation R-values and glazing U-factors must be clearly marked on the building plans or specifications. I Duct Insulation: [ ] I Ducts shall be insulated per Table J4.4.7.1. I Duct Construction: [ ] I All accessible joints,seams,and connections of supply and return ductwork located outside I conditioned space,including stud bays or joist cavities/spaces used to transport air,shall be sealed I using mastic and fibrous backing tape installed according to the manufacturer's installation I instructions. Mesh tape may be omitted where gaps are less than 1/8 inch. Duct tape is not permitted. [ ] I The HVAC system must provide a means for balancing air and water systems. I Temperature Controls: [ ) I Thermostats are required for each separate HVAC system. A manual or automatic means to I partially restrict or shut off the heating and/or cooling input to each zone or floor shall be provided. I Heating and Cooling Equipment Sizing: [ ] I Rated output capacity of the heating/cooling system is not greater than 125%of the design load as I specified in Sections 780CMR 1310 and J4.4. I I Circulating Hot Water Systems: ' [ ] I Insulate circulating hot water pipes to the levels in Table 1. I Swimming Pools: [ ) I All heated swimming pools must have an on/off heater switch and require a cover unless over 20% 1 of the heating energy is frollm,�non-depletablee sources. Pool pumps require a time clock. [ ) I eat�ntpa 0 lm&fl�ping nsuQafio°n chilled fluids below 55 must be insut t e a �ti I levels in Table 2. r. •Table 1: Minimum Insulation Thickness for Circulating Hot Water Pipes. Insulation Thickness in Inches by Pine Sizes Heated Water Non-Circulating Runouts Circulating Mains and Runouts Temperature(F) Un to 1„ Up to 1.25" 1.5"to 2.0" Over 2" 170-180' 0.5 1.0 1.5 2.0 140-160 0.5 0.5 1.0 1.5 100-130 0.5 0.5 0.5 1.0 Table 2: Minimum Insulation Thickness for HVAC Pipes. Fluid Temp. Insulation Thickness in Inches by Pipe Sizes Piping System Types Range 2"Runouts V and Less 1.25"to 2" 2.5"to 4" Heating Systems Low PressurelTemperature 201-250 1.0 1.5 1.5 2.0 Low Temperature 120-200 0.5 1.0 1.0 1.5 Steam Condensate(for feed water) Any 1.0 1.0 1.5 2.0 Cooling Systems Chilled Water,Refrigerant, 40-55 0.5 0.5 0.75 1.0 and Brine Below 40 1.0 1.0 1.5 1.5 NOTES TO FIELD(Building Department Use Only) Bk 20659 PS51 C2988 01--17-2006 a 12 2 4 8P DEED RESTRICTION a WHEREAS Christopher Bullock Trustee llnr_kgoaty—of (owners name) Trust 61 Pheasant wa1r, r enter ri l la MA (address) is the owner of 61 Pheasant Way, Centerville located (address) at , MA(hereinafter referred to as the "Propety" and being shown on a plan entitled "Subdivision of Land in C ntervj T j e, MA, Property of , et al, duly recorded in Barnstable County Registry Of Deeds in Plan Book 299 ' -, Page s� ; Or on Land Court Plan Number WHEREAS, Christopher Bullock, Trustee as the owner of said lot has (owners name) agreed with the Town of Barnstable Board of Health to a restriction as to the number of bedrooms which can be included in any home built on said lot as a pre-condition to obtaining a disposal works construction permit in compliance with 310 CMR 15.000 State Environmental Code, Title V, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage; WHEREAS,the Town of Barnstable Board of Health, as a pre-condition-to granting a disposal works construction permit for a septic system in compliance with 310 CMR 15.200, State Environmental Code, Title V, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, and authorizing the issuance of a building permit for the construction of a single family home on this property, is requiring that the.,4greemertt for the restriction on the number of bedrooms in any house constructed on the lot be put on r6d6fd with the Barnstable County Registry of Deeds by recording this document, deedr , •} Bk 20659 Pg 52 #2988 NOW, THEREFORE,Christopher Bullock does hereby place the (owner's name) Tustee Bullock eat Trust following restriction on Is aDoJe-reTerenced)an Irk accordance with his 3areement.wither of Bamstable Fto2rd of Wealth-,whieh-festf4ettelfi3fle run with the-land and be binding upon all.successors in title: I. Al Ph a a g a n t W n U, CP n t a r v i l l P nlay have constructed (afdrus) upon the lot a house containing rto more than _( ) bedrooms.. f Chri ctnphPr Rnl 1 nck r TrilatP,@grees that this shall be.permanentdeed (Cwmes r1-0) restriction affecting located on MA, and . being shown on the plan recorded in Plan Booker , Paged s s Or on Land Court Plan Christopher Bullock, Trustee For title of Bul lock Realty seethe following deed: Book _, Page Z�1 Or Land Court Certificate of Title Number Executed as a sealed instrument � if, r'day of ,_a 1 6. 40 /n L Owner's signature � . • Owner's signature 0(o Owner's signature COMMONWEALTH OF MASSACHUSETTS . 20_ _ Then personally appeared the above-named known to me to be the person who executed the foregoing Instrument and acknowledged the same to be f7,1 free act and deed efor 18, y,� ..l e•6,/ Notary Public ��' Nr. :ary Public on COr..,., IF MAS �A61y/ 0006U (date),%: ._., mluron Explrgs OCipow 22, 2010 BARNSTABLE REGISTRY OF DEEDS F6,.1 Nutter Patrick M. Butler Direct Line: 508-790-5407 Fax: 508-771-8079 E-mail: pbutler@nutter.com MEMORANDUM May 4, 2006 #106965-1 By Hand TO: Tom Perry, Building Commissioner FROM: Patrick M. Butler RE: Guest House as an Accessory Structure W- Pheasant L , Centerville, 1VIA` As we have previously discussed, our client, Christopher Bullock, would like to construct a guesthouse as an accessory use to his residence located at 61 Pheasant Lane, Centerville, MA. The structure would be utilized as a guesthouse as an accessory use under Section 240-43 of the Barnstable Zoning Code (copy attached). Background 0 Mr. Bullock sought variance relief under Section 3-1.3(5) to Bulk Regulations Minimum Lot Area and Section 5-3.3 Resource Protection Overlay District in Appeal 2004- 140 to permit an undersized lot to be buildable under zoning. This relief was denied via decision filed with the Town Clerk on July 6, 2005. As a result of that decision, Parcels 142, 143 and 002 as shown on Assessor's Map 227 are deemed merged and create one lot consisting of 7.2 acres. It is the Bullock's intention to record a perimeter plan pursuant to Massachusetts General Law Chapter 41, Section 81X confirming the creation of a single lot. Located on Assessor's Map Parcel 142 is a single family structure consisting of approximately 2,746 square feet of livable floor area, together with outdoor enclosed deck of ' 448 square feet, for a total of 3,194 square feet. Mr. and Mrs. Bullock intend to construct a guesthouse as shown on the plans attached hereto entitled "Plan No. 1637 Prepared by Kenneth Saddler Associates." The plan depicts a two-story structure with a total first floor area of 1,008 square feet and a second floor of approximately 860 square feet for a total amount of square footage of 1,768 square feet of living area. The proposed guesthouse will consist of a living area on the first floor together with a master guest bedroom and two small guest bedrooms on the second floor. The first floor will contain a sink, powder room, wet bar area, small refrigerator and microwave oven. Nutter McClennen & Fish t_t_P ■ Attorneys at Law 1513 lyannough Road, P.O. Box 1630 ■ Hyannis, MA 02601-1630 ■ 508-790-5400 ■ Fax: 508-771-8079 ■ www.nutter.com Tom Perry, Building Commissioner May 4, 2006 Page 2 The first floor will not contain any stove or oven, and as such, will not be considered a separate occupiable single family dwelling. We believe that the construction and utilization of the guesthouse as an accessory use under Section 240-43 is permissible and proper, without the requirement of any further zoning relief.. Section 240-43 provides that "Accessory uses or accessory buildings are permitted provided that any such use or building is customarily incidental to, subordinate to and on the same lot as the principal use it serves except as otherwise provided herein." We believe that the proposed structure meets the requirements as follows: 1. Same Lot. By the recording of the 81X plan, Mr. Bullock will be creating a single lot, which lot exists already in a de facto basis as the result of the findings of the Zoning Board of Appeals in Appeal No. 2004-140. 2. Customarily Incidental To. There is no suggestion in the bylaw that the accessory use has to be customary to a specific zoning district or village where the property is located. The plain language of the bylaw states that the accessory use must be "customarily incidental to . . . the principal use it serves. . .". Throughout the Town of Barnstable, structures utilized for guesthouse purposes are customarily incidental to the principal main houses. Additionally, case law indicates that a "customary use" analysis is not restricted by zone or district boundaries. Therefore, under both the bylaw and case law, it is not appropriate to limit the analysis of "customarily incidental" to the Village of Centerville. See Simmons vs. Zoning Board.of Appeals of Newburyport, 60 Mass.App.Ct. 5, 9 (2003). Notwithstanding the foregoing, I enclose for your information and review, Town of Barnstable property assessment summaries (together with attached GIS photographs) of the following properties located in Centerville: ✓ 773 South Main Street ✓ 819 South Main Street ✓ 789 South Main Street ✓ 515 Bay Lane ✓ 314 South Main Street As shown from these Assessor's records, these properties contain significant out buildings which are accessory structures in accordance with Section 240-43. By way of example, at 515 Bay Lane (which happens to be across the street from my house in W Tom Perry, Building Commissioner May 4, 2006 Page 3 Centerville), the primary building has a value of$344,000.00 with the accessory structure having a value of$167,100.00. This contains a garage and full office. The property at 789 South Main Street has a primary building value of$911,000.00 with an out building value of $376,500.00. The out building at 318 South Main Street has a value of$406,900.00. Accordingly, even if we were to take into account an accessory use analysis solely within the Village of Centerville, there are numerous examples substantial sized accessory structures "customarily incidental to" the primary structure. Further, the test to determine whether a use is "customarily incidental" examines "whether it is usual to maintain the use in question in connection with the primary use of the land." See Harvard vs. Maxant, 360 Mass. 438-439. It is indisputable that the Town of Barnstable has a long standing tradition and history of numerous residences with a guesthouse as an accessory use; thus, under this test, a guesthouse is customarily incidental to a residence within our town. Other factors which weigh in on the accessory use analysis include: "the size of the lot in question, the nature of the primary use, the use made of the adjacent lots by neighbors and the economic structure of the area." As evidenced by the attached, there are houses in the Village of Centerville that maintain a guesthouse as an accessory use. Therefore, even in the Village of Centerville, a guesthouse is a customary accessory use to a residence. Subordinate Nature As noted above, the proposed guesthouse will be 1,768 square feet in living area. This is approximately '/2 of the total square footage of the existing structure. In addition, the limitations to be placed upon the guesthouse (which can be enforced through a restrictive covenant) relating to limitations on cooking capabilities (which has been the traditional test in Barnstable) also confirms and reaffirms a subordinate nature of the use. In light of the substantial size of the lot confirmed as existing pursuant to the action of the Zoning Board of Appeals (and to be reaffirmed through the 81X recording process), the existence of a guesthouse incidental to and subordinate in this nature and fashion is entirely appropriate. Accordingly, we would request confirmation from you that this proposal structure may be built in accordance with Section 240-43 and that no further relief would be required from the Zoning Board of Appeals. Thank you for your consideration of the foregoing. PMB:cam Enclosures 1526673.1 i �Q -7- 4? HAMLYN CONSULTING _ A- A- 690 Thousand Oaks Drive, Brewster, MA 02631 Phone & Fax: (508) 394-5803 November 11, 2003 Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 % Df Reference: Christopher Bullock, Lot 2 Pheasant Way, Centerville, MA Dear Board Members: l� In response to a letter written to you by Attorney John Alger, dated November 4, 2003 regarding a septic design for new construction on Lot 2 Pheasant Lane, Centerville, Hamlyn Consulting offers the following: The reserve of the septic system to which Mr. Alger refers, is located 114 feet from the wetland edge. The active leaching facility is located approximately 121 feet from the wetland. The reserve is located 53 feet from the top of a non-eroding coastal bank. This bank exemplifies the type of coastal bank that occurs inland of a freshwater, woody swamp and is designated as such because it is adjacent to a 100-year flood elevation, as was discussed at the-October 14, 2003 Board of Health hearing. The Board is considering altering the-definition of coastal bank, which would omit this type of bank from the required 100400t setback regulation. The discussion was to be continued at the November 18, 200.3 hearing. If the Board redefines coastal bank to preclude those non-eroding coastal banks not effected by tidal action, then the septic design will require no variances. If the definition does not change, the applicant will apply for a variance to the 100-foot required setback. If you have any questions,please call.me at(508)896-5203. Yours truly, Lynne Whiting Hamlyn Environmental Consultant r cc: John Alger, Esq. rEdward Kirk, Esq:­,_°;,'• T. Christopher Bullock. . ,ci; r�. ,•�.� r .,x.. Barnstable:Conservation Commission . r . Barnstable.Building_-Comm-issioner I Nutter Patrick M. Butler Direct Line: 508-790-5407 Fax: 508-771-8079 E-mail: pbutler@nutter.com MEMORANDUM June 7, 2006 #106965-1 TO: Tom Perry CC: Mr. and Mrs. Chris Bullock FROM: Patrick M. Butler RE: .01 Pheasant Lane, Centerville, MA Tom, Thank you for taking the time to meet with me this morning to discuss our followup on the above-referenced property. It is my understanding that we may proceed with the construction and utilization of the guesthouse as described to you in my memorandum of May 4, 2006 upon recording of a perimeter subdivision plan creating one lot. I am forwarding a copy of this memorandum to the property owner to advise him of same. In addition, it is my understanding that the notation on the building permit application "denied 5/17/06 - needed framing plans" is a building code issue which can be resolved by the contractor meeting with the building department and obtaining the requisite framing plans. I am, therefore, returning the building permit application, application fee check and accompanying materials to R & R Construction Custom Homes, Inc. for their resubmittal to you following my confirmation that the perimeter plan has been prepared. Thank you for your assistance on this matter. i 4 ca; PMB:cam z: 1535898.1 ; C.IT C"r"J lCJ Nutter McClennen & Fish LLP ■ Attorneys at Law 1513 lyannough Road, P.O. Box 1630 ■ Hyannis, MA 02601-1630 ■ 508-790-5400 ■ Fax: 508-771-8079 ■ www.nutter.com Nutter Patrick M. Butler Direct Line: 508-790-5407 Fax: 508-771-8079 E-mail: pbutler@nutter.com MEMORANDUM September 27, 2006 #106965 By Hand TO: Tom Perry CC: Mr. and Mrs. Chris Bullock FROM: Patrick M. Butler RE: 61 Pheasant Lane, Centerville — Bullock Guesthouse 4 Tom, P� This will confirm our telephone discussions of yesterday afternoon regarding the above property. It is my understanding that the primary concern at this juncture is that the inspector viewing the premises felt that what appear to be kitchen cabinetry being proposed in the guesthouse was perhaps too extensive for accessory use. I have reviewed the plans that we previously submitted and were ultimately approved, and have also spoken with the owner. As you will recall, it was agreed that this property would be the subject of a compilation plan of several lots and that the house would be strictly utilized as an accessory guesthouse. It was further agreed that there would be no stove or cooking capability. The shelving and cabinetry in question can be used for any number of purposes, none of which relate to kitchen use. The property owner may, for example, choose to store different sets of china and glassware for summer and winter use from the main house, or may use the same for storage of books, records, knickknacks, dvds or any other purpose. Accordingly, I do not feel the type, size or location of cabinetry is in any way relevant to the determination of an accessory use. It is my understanding from speaking with my clients that the builder has been authorized to proceed with insulation so I assume this issue is resolved. U Nutter McClennen & Fish LLP a Attorneys at Law 1513 lyannough Road, P.O. Box 1630 o Hyannis, MA 02601-1630 a 508-790-5400 a Fax: 508-771-8079 a www.nutter.com Tom Perry September 27, 2006 Page 2 To the extent there is any misunderstanding or issue outstanding on this matter, please contact my office and I would be happy to meet with you to discuss same. Thank you in. advance: PMB:cam 1565840.1 'vfiRj �M,ylll .�{"^ t t � S � r' i,•. d { I n . �" k « r F a,I tt I Ia+r �d 1° W r"'ar �`� ' a i�j�t �t t i �. n pp p" j i 'P .; � � �L�, t ';P y, ,�'.w, } u' l r -Y�(•rrkw`l.I� �1 i � i�. '� �i > i •' 1 ii i E . g "� ] 5 k .. t JN }Y f ��y ?�nS, rp*..; °. N ��'C� � •S P ,r, r A. ,$ + • ql � Y�., "e. �p art uc, t nbi „t. � ...{ �er� r �' "``�• ti'.;.�.� an .Y; ri,i » j ;,. 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Ra p �, a.x"� t e-i d r1 r •.I h•. , !',-.!` p\, t ':. .;,e rt S-✓ fi r E n ! i 1 f,F� rg w1' L�V`�4/ inl��r c r a� '&� 4 # c :" 'e. rr .` SiNc 'SPOT ELLVATIOor `®x0 'y �{ CERTIFIED PLOT °x '`= PL:'At XIS.TIRIO, CONTOUR -- A — tip`- ' 'IIN1$t#ED' SPOT ELEVATION .® ` ymtim"I'�HEO CONTOUR 0 —'— c Jc � d :ql r "i"F °�.f •,e, '�, t 7.'j QV.EDfi:BAARD OFI;MEALT'H �? : ,� :.' .' ,ji t`a 1W f h'Y�' �.�'�•,i ' n+ �r t4. Ye �• I �� Y<"C€d ' A. yy M ''•� d'[,NR�.'k AGENT ``r ' ?'`'' & , ' SCALE: % y1 DATE:.. f IYx� f } ' '•' - �2t 'r rG" 1.,�.• � { I A;`I r ��`-�2$,�� A' �a�`. RE©GE E'NGIIIOEER/NG=CQ ING� f �,• N AIN CLIE I CERTIFY THAT THE' PRO '. CbV1L LAND JOB NO. G°'> i� BUI,L.DING SHOWN AN . THIS PLIk ]�'I EG'rS'TERE REGISTERED 7 � CONFORMS TO THE ZONING, LAgS N®INEEiR SURVEYOR DR.BY= p� OF BARNSTABLEL, MASS,. '3 S NCf MAIN ST. 712 MAIN ST. CH. ICY: _ tYAi�cJROI�i w�I, ioiEiaS i �'aniivis, IIfll4J5. SHEET-L OF , DATE REG. LAND'P SURVIEYOR ' Assesso r's ma and lot. ng er .... .'.. "" Ei�}+' MUST 13E .. SAL I COMPLIANCE WITH A� L II STATE , + a C11 . Sewage,:Perm+t number ty......._................................... ........... .. SANITARY CODE AND T®1Nf� rU .. REGULATIONS F711E^TD�y =0 a TOWN' OF BARNSTABLE OU111) 1,NG INSPECTOR t? y MARL , � •r - m �0�0 MPY DIM �.` n py,� i. o fi APPLICATION FOR PERMIT TO ..... wt(..., {C¢......erv.<•t .... TYPEOF CONSTRUCTION ...... ..'....... -.V*?s ..... ................................ . .......................................'........... F .........................I.... .:q�........1971 .. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following i forma t i on: ` Location ............ ...... AI........... .... ... . . .... .�..i...... ... .. .....d;�� ..z...................................................................................................:................................. Proposed Use ................ .?f� Zoning District ............................:.Fire District ........ �4,. Y -�- /�:.. u:Goo ;�'� 3 Z .......1.>� A w, Nameof Owner .....,:... •!�. ...Vr........... .. ....................Address . ................... .. h!........................................... Nameof. Builder......,.......Z;,".e_............................................Address .........................................................:.......................... Nameof Architect ............ :v.."4...........................................Address ...........:........................................................................ Number of Rooms 1..................................................Foundation ........./.o..........W....... �o..y Lo ao�,v Exterior !�k, ;wt...... unyv d s. Roofing .......5 ,ks{...........................: Interior Floors ..............�! ................t.......1. �w .T.............. J. '�4 ...� R i.!.... r....,r���✓r r..G:�, vo:,r,�!... Heating ........ .......................................................Plumbing .....z....&44�............., . Fireplace .............................................................Approximate Cost ..... ..r,!?-uv............................................ ............ l �� a sU�y Definitive Plan Approved by Planning .Board _________________f Y?___`----19?1___. Area .. ........... ........................... , Diagram of Lot and Building with Dimensions Fee .... .........,... ...................... SUBJECT TO APPROVAL OF BOARD OF HEALTH s�7 � �r'►�I . I hereby agree to conform to all the Rules and Regulations of-'the Town of Barnstable regarding the above construction. Name ....... .0 G '�:``//�✓` •`..� ......... Bullock, Christopher K. No ..1901Q..... Permit for AwQ...*.tQ. y........ .....: ...........sing.l.e.. amily...dWe.UA!!9 Location ...44M.Pheasmat--way.......................... ............Centervil le........................................... Owner Christ.Qphex...Ra..Aull 4.................. Type' of Construction ..frame............................. ........................ ............. ................... Plot ......................... .. Lot A6.1........................ t Permit Granted"......Ma h:. . ..................19 77 /. �.Date of Inspection . . .19 Date Completed .5... ........ .........19 -PERMIT REFUSED . ........................................................... ... 19 , ............................................................................... ............................................................................... :........ .....................................................:............... s ................................................ ........................... Approved ................................................ 19 f( H v. i i za-s�� � 0 ��� �c� - t po AiL r s. �J � � (` � i� 4 / 7 G C�fndr�� fm -�r II w y �.y •f4'S1 1 � � ea-YQA, wu�' Cen4' w w �I C5 or ` Q 10 D Assessor's p Floor): I � y �THE Assessor's map and lot number oo+ Conservation -- `v 'fir a r� w ew Board of Health(3r floor): .7 �( - � ;r' h�,`o _ . Sewage Permit number 1AUST nc � , ~ moo �e p. � Engineering Department(3rd floor): s�-t F .� s `�o House number �o l-�s bOTH T i-e-�U F� ooar Definitive Plan Approved by Planning Board 19 , 1EN11!R'®W u EI V7 lL� APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only ToMi TOWN OF BARNSTABLE BUILDING :INSPECTOR / APPLICATION FOR PERMIT TO () LIN QQ rn 0 X /9 TYPE OF CONSTRUCTION—,() 0 O 14 L,j e4 1" n yTCt (� �v 19 G TO THE INSPECTOR OF BUILDINGS: The undersigned rhereby applies for a permit according to the following information: LocaCO'I�J , /7 e G SCf V► t 11 47 Proposed Use U In frog Vh D k C C,::b Zoning District �+ t >� Fire District Name of Owner l _h r ►J B fJ 11 O G C\' Address b I L.q h e Name of Builder �C.� c �ril L�t' gt TA L Address-3 8 J-o t't C D✓ /,,A . Name of Architect Address Number of Rooms Foundation jD X de e Exterior �e ] `/I `D L i w e © Roofing C4 S ,P,ka 1 -,4 l g Floors h Jr Ce 1^P-21 Interior C V J /1 !7 Gc�00d Heating &D e- Plumbing A 0 Fireplace Approximate Cost DZ� Area Diagram of Lot and Building with Dimensions Fee 1� CV o� A Doti -C G� 30 , � ! OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name � �(� (�1 !� � 1� L Construction Supervisor's License C),j D ® C/C� BULLOCK, CHRIS _ r . ADD TO - r No 36238 Permit For DWELLING ' r Single Family Dwelling " So - '8 Pheasant Way ' y ' t Centerville Owner Chris Bullock ,r Type of Construction Wood Frame Plot- •Lot V` October 14 ' 93 Permit Granted '• 19 7 Y Date of Inspection 19 , Date Completed f • t i .w,. .ice. _ • �/r _ , _ " - _ t'� _ r Al ij VRI ,?� eGG `: � )►d e <��he� one Vj - myt. 1p V7 , ' I a v s n i • ttt ♦ - i < ' tit jh - a i\ {{ 7. All, om - • 1 IF f AL }1t ■I { r y f ` � i ,c +Y• r , 1 ! i ! F i �� i - ' ++YW� Lea - ai�{r+ '��Y� •�yi� `�. - a 1 1 • 1 i r3 t. s .. w cam• _ .. . ... _ Tex I y ►;w q 5l i der - H e: ` -> ' e 0 yy .: , � 4 s -'l - i } ' r 1. r ° F r ?< Sa CiFe h.-- — J4rNFAJA 44 r s v h Mf�A.P ANT/-/O/YY A. - BEXLEY O za / r6 R..C. I lh O Z U �I , hku — Z 1k4 �000 JACKJr FUR MAN ETUX r P ri c i j ss�_ 3,-sal I. '2. 7= ACAE5 /NARSy F:o c.a _ :Q 60DT T.F. UPLA/YO 3 47.i3 — - __ _ _ _ ka - '3. ACAE3 TOTAL O r ! CER7/PY TN.1T TH/S F/.AN'H i S . _ Jo,900 � \1� � _ ; / �J'7 � _ r BEEN ARFP.NREO/nr[aNFv�iy/TY SrF S.F P/A!RSH. 3 ~ 0 1 . . w/Ty 7HER(/L.ES.iND/7£GuLA7/ON3 'P?y YS/GL^ OF TNFRfGI c'C?S 4f L'EBOS a.�THE COMM ON4✓L'4LTN of MA S SACYZ,Fc77S' �' �f/A I'7Y f..NCRES TOTAL r► % - n D ATE; Q¢c /Y,/fl7G" - L 7y :F .� ��S/' G,.3 A /J �• j � �; mac. - \ 58a,9 I !.. QEG/ST Fl7lO LNNO SVrj vG YOR so P/-.9/v 0.7 L A/VO /N e csrrLNv/�L< �3f,"RA/.S TAIL E MRss � { FaR // �.. - - - , APPRoVAL [iNOCi� SVAO/VLi/ON CON,T/POL NOYE: C`JI'�/.5 L C7Pher /1. L4w/vorPEou.RgO TJln• 5UL30lV/.T/OiV'OF PA RCELB PLAM BrJC),/{ ET --- OATE P-C./Y/?76 — - - - ---- 199 P/�Cr-,E B. -�--- ... _ JCAL E v 11 o So . . • r 9.Flj N JT Rt9 t G �A7L ANQ.'i�C'T RC/A/?L7 E -C N.EE . L OR L)cs - JN C/R ' R E fE Avro rcA i9dGi:r+4T'aJL - � � t - -'---- — /YYVNNir• M�+ss. /VG. /6076 r i t iy NOOK i 11rr 27 N) .7 aM'M s + . RESi5-�. SEEDS!:. y Ao ww, STF r �: AfElES 4iwIS(gA r.� ELK - Yri - Co IN 11[ L.O C V 5 M A P . � c EL_ A . �. Z r sC..... 1 U. = 2000 FT. a.l AnrzeS MAAst-1 te � � � sIs z � ` �' N iL b � ! Q � Jo"� , --. •� ,. AIL __ __ u j5 � �! b• 3 ez cj49� ��c ' •� - p C E-1-. S ash t A RE C s uPLAND PIP CA It ! 314- 9 6 d v `o� �O ° 97 -90 ASP V 3r290 Cv s o� TPLAN TRACED)TOM A PRINT Of A S&RVEY MADE BY GVNPLES N.SAVER Y DATED✓uME /9, =14 A" LAND • i �N SARNTABL� e. fin crNrERY/L LL "ASS. S. S APPROVAL Lav0&+4 3uAOew/S/OA/ cc"rRoL + ) '• REFERENCE RULER Lq Nos/TEpt//RELa �O-• - 7� f itl tltlt it I1tli `lli It1s � AIA1✓A/ BY � {/G. tom.-— _�•• - .e.ad s�CAL E: AIM. s 5o Fr. - cH w BY SATE: ./VNL /9 RE T ./920 RACED OCr- G.19, o BARn/.27-ABC6 OLANN/NG 90ARZ- PAAca% 0 1-54OWNSLo BY r12ANCIS L. VAN B%1SticlRW- # CHA.2LE.T /i. sAVE¢y /NC• �oMIt� q ICA-MLrc-&hl VAN 81.131-IRK �7-.Ze P^Itc1£L. A is OWNEO BY WILLIAIW R. KEL%-Y ENC�/A/E6Pa ` JYtVEY04J PARc£L A 13 To SE cc'MB'NED Nu17M PARCEL B 7/= MAIN 57 t MrANN/3, MA3J. N4 69/22