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0483 PHINNEY'S LANE
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'� c i TOWN OF BARNSTABLE BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please print. is r•. .. .. DATE AZ Ck JOB-.LOCATION V4Mha_q ' um er btreet address Section. of •. town "HOMEOWNER" �- . .,, —Fame n ome p one or p one PRESENT MAILING ADDRESSNkLk 3 tJSttir h 1 ty town �1. ..J •NtF � a e ip code _h z current exemption. for °home.owners was extended to'i` dwellin.gs:. of six: uni•ts..or ess an o al low'such homeowriers:Uto engagedP . an. w ivi ua. .for hire who, does not possess a license ' provided that the owner acts' as supervisor. . (State Building Code Section ;DEFINITION OF HOMEOWNER: .(Person(s) who owns a parcel of land on which he/she ,resides or intend :side, on which there it, or is intended to be, a .one to. six family dwelling, or: detached structures accessory to such use and/or farm structures. A person who constructs more than one home" in a two-year period shall considered a homeowner. Such "homeowner" shall. submit to the Buildin not be on a. form• acceptable to the Building Official, that he/she shall: be responsible. ffor all such work performed under the bui'iding permit, p e ection The undersigned "homeowner" assumes responsibility with Building Code and other applicable codes, by-laws, rules.�andlance regulationshe State :The undersigned "homeowner" certifies that he/she understands the Town of BarnstableBui Iding Department. ��hinimum inspection procedures ?and that he/she will comply with said r ce and requirements and requirements:. HOMEOWNER'S SIGNATURE P' APPROVAL OF BUILDING OFFICIAL Note: Three family dwellings 35,000 cubic feet,'`orlar9 er, will be required :to comply with State Building Code Section 127.0, Construction Control. ,, op _ � . r. HOME OWNER'S EXEMPTION 1'tie Code state that : " "Any Home Owner performing work for wh'Ich a building permit Is required shall be exempt from the (Section 109.1 .1 — Licensing of Construction Supervisorrs)slons of this section 'Home Owner engages a persons) for hire to do such work, provided that. lf a shall act as supervlsor . '1 that such 'Home ...Owner Many Home OWhers :who use this exemption are unaware the 'responsibilities e a supervisor (see q that ' they are assuming. for. Licensing Construction Supervisors Section 2.15 ppend I x Q,:>. Ru Ies and Regu Iat Ions' often results In -serious ) • This lack of awareness unlicensed persons. In . th SS"' particularly when the Home Owner hires : unlicensed \ case our Board cannot proceed against the ., .. person as It would with, licensed Supervisor.. The Home Owner actin ;:;. assupervlsor is ultimately responsible. - -. _ g ._To ensure that the Home Owner -Is full communities require Y aware Permit pp his/her .responsibIIIties, many certify that he/she�Understandsftheeresponslbipitletion� .r last page of this Issue !s a form current ) u that the.'Home Owner f a supervisor . . On the care to amend and;!adopt such a form/certificateonbforeUseal towns. You may n Your community. f The Town of Barnstable miAm• snxrrsrnscs, • . 10 Department of Health Safety and Environmental Services I ram " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner January 27, 1998 John Alger,Attorney 886 Main Street Osterville,MA 02655 RE: Tuttle Property 499 Phinney's Lane,Centerville,MA Dear Mr.Alger: In answer to your letter of January 23, 1998, in order to use the"Windmill"house as a dwelling, you need a variance from the Zoning Board of Appeals. In Support of this position,I enclose a copy of my September 9, 1996 letter which is still my position. If you need assistance in this effort,we will be more than happy to help. Sincerely, i Ralph Crossen Building Commissioner RC:lb encl. g980127a I PS Form 38 ,Apn . . 0 The Town of BarnstableMAS& _ • a�arsr,+m,�, • Department of Health Safety and Environmental Services 1659. to Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 9, 1996 George P.Tuttle c/o William/Christine Tuttle 499 Phinney's Lane ' Centerville,MA 02632 Re: 499 Phinney's Lane,Centerville,MA Dear Mr.Tuttle: Please be advised that,after a thorough review of records regarding your property,we have determined the following. When the"A-frame"was moved to 499 Phinney's Lane and the windmill was retained as an accessory structure,there were no problems. Somehow,around 1980,the windmill was transformed into a dwelling. This resulted in two dwellings on one lot. This is a violation of zoning and,without a variance from the Zoning Board of Appeals,is not in compliance. You must cease and desist the use of the"windmill"at this time. After complying with this order,you must contact me to apply for a permit to convert the structure to accessory status again. You have the right to appeal this order. If you so choose,we will be more than happy to help you. Sincerely, Ralph M.Crossen Building Commissioner RMC/km CERTIFIED MAIL P 229 805 286 R.R.R. Q960909A f Assessor's office(1st Floor): Assessor's map and lot number. 3� D< < 00Q. SEPTIC SYSTEM MUST SE Conservation 7 —/0-112INSTALLED IN l�OMPLIANC Board of Health(3rd floor): Sewage Permit number - — WITH TITLE 5 : ssa,�ranci Engineering Department(3rd floor): ENVIRONMENTAL CODE AN�,r�.� �`� � House number `{' �J TOWN REGULATIONS Definitive Plan Approved by Planning Board 19 , APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE BUILDING ' INSPECTOR APPLICATION FOR PERMIT TO f � i �cti�. � zV , . ��Md©� {.t \ia�� u►��P�9 M-` TYPE OF CONSTRUCTION 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location �-S � tAVXg,�!` �`�- , Proposed Use x-- N �Ck� ii-wZ � \ �C Zoning District Fire District , 3naA4} - Name of Owner '�E�sCZG a1r,\A-6r Address Name of Builder Address Name of Architect t, Address Number of Rooms Foundation Clxkms-A �ktr Exterior �� z�.y�,�a Roofing �� \ Floors Interior Heating Plumbing Fireplace Approximate Cost Areas Diagram of Lot and Building with Dimensions Fee U OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS 1 hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding ve construction. Name y Construction Supervisor's License `a /• Wit...._ � _ TUTTLE, GEORGE & ANNE ' << No 34876 Permit For ADD TO DWELLING _ Single Family Dwelling Location 483 Phinney.: s Lane Centerville Owner George & Anne Tuttle - Type of Construction Frame a — t r Plot Lot t '. Permit Granted March 10 , 19 92 " Date of Inspection 19 Date Completed ,t 19 r • 1 J �3p 1 .o o +a0 i Q s, Q 1' 'O O 77,8octSF �0. �4 v ^6 S °Z 0g �h / JOB # 84-153 CERTIFIED PLOT PLAN ' PREPARED FOR: , LOCATION. PHINNEYS LANE C ' VILLE SCALE: 1 "=60 ' DATE: 3/3/92 REFERENCE: L-4 PB 451 PG 92 GEORGE TUTTLE I HEREBY CERTIFY THAT THE STRUCTURE SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS SHOWN HEREON. STRUCTURE CONFORMS TO SETBACK REQUIREMENTS �-�11 OF p JOHN MCELWEE = down cape engineering, inc . No.33so2 N CIVIL ENGINEERS LAND SURVEYORS N1.4eCN 3�y9z u ROUTE 6A YARMOUTH MA DA,^E 17 -REG. LAND SURVEYOR . . 260 CAPE HIGHWAY RTE. 44 bldgm E.TAUNTON, MA 02718 SNEET-OF TEI-c(608)823-7777 FAX; (t0 a)aeo-0soa - NO, MADE SY---�-_DATE... . CK'D.BY-DATE i /ti n G SO I- R. 1 { to '3 TEL : 1-617-269-0730 Feb 25 ,92 19 :32 _No..004 P .02 Si1ACE a 860 CAPE HIGHWAY(RTE.44) badge E.TAUNTON, MA 02710 TEL: (508)823-7777 FAX; (608)880-0500 SHEET OF �,,.r—� MADE BY-DATE . CK'b.BY DATE L-4 gk 104 w ":►� ! ��a Ink cL�IS ��G N ti AL vfl T4 a APE' - F7Z� a � , r. 'ram•-•� tA�;�. 5rh/c • I lU co G.IQcut.Afg O U� 5 00 Lo G ol Now- CD 00 N w CD j � N fS�SIC Cod► CT It N CD O SCE V'4- lG f IEN — O N Assessor s` map: and lot number .. .. ........ ..................../ OCR o � T - ; � �oF roe ry r 0_ Sewage Permit number�lo^^a,,..iti�� ' �� , r' 33ASBSTADLE, i House number. ... ......:................ ...... N a � Z 9 a,EPA IST, p d G� 139 �0 MAj A, ST 1B•'L�sE` ^-�0t P ��TOWN ®F AR TA C BUILDING INSPECTOR APPLICATION FOR PERMIT TO ,Build SOLAR COLLECTOR SUN ROOM` . ........................................................ .... ......... TYPE OF CONSTRUCTION .......� .. .... ............ .................. .............................................................. 12 SEP 84 s ................................................19........ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ............483..PHI NNE Y. . . .' ... . ..... S LANE CENT. .E.RVILL. . D ...........: .. .... . ...... . .... . ...... ...... . . ...... . .... ......................................................................................... Proposed Use George P. Tuttle Residence ......................................................................................................................................... .......................................Fire District ..........4T �.......... Zoning District ..............C,. ..�,�...'-:� / .................. ............ No of Owner George P. Tuttle .Address ...483•,Phinnexs Lane • Centerville ........................................... ....................................................... Name of Builder Capizi Construction Co ,,,...Address .....................................Rot 28 Cotuit ........................... ................................................ Nameof Architect .Address .:.........:.....................................:................................... Numberof Rooms1e............................................:...............Foundation ....Concrete......................................................... Exierior Glass &. Cedar Shingle.......:......... Roofing Aluminum ............... .. g ..... . ........................................................................... Floors . Concrete & Tile .Interior Sheetrock ................................................................. ....... ................................:.............................. Heating ..... ........S,pa..................... $.3.O.RQA...OQ..' Fireplace ................?��?Ae...........................................................Approximate Cost............. ................. Definitive Plan Approved by Planning -Board --------------------------------19___'____. Area ;:... .0... `... ................. Diagram of Lot and Building with Dimensions f Fee �a?�1.'. .................. SUBJECT TO APPROVAL OF BOARD.OF HEALTH / 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 .................. r... r�° .............. Construction Supervisor's License ....:............................... TUTTLE, .GEORGE P. 26961- Addition................ No ......:.......... Permit for ...........tion......................... Single Family Dwelling..................... Location < Centerville ......... .............................. ............ , George P. Tuttle ` .................................................. f `. Type of Construction Frame................................ w,� ................................. Plot ....:......:................ Lot................................. Permit Granted Se Ptie.. 12,........19 84 Date of Inspectio ....................19 .L' Date Completed .............................19& 'S a s Ba.rristable. �usett S. ..:1 anuary, Town of rns a Plaenfn-Board Form A.. Application-for Determination that,Plan does not_:Require_Approval JAN To the Planning -Board--of the. Town of Barnstable: g 1986 The undersigned hereby submits_the accompanying ,plan .proposed division of land in Barnstable. which, for the reason below stated, he believes does not require approval under the Subdivision Control Law. Said land is described as follows: North of Phinney's Lane, West of Loomis Lane,.adjacent to Wequaquet Lake, (Centerville), Barnstable, Mass. Reason: The lots on the plan have all the frontage required under zoning. The undersigned hereby requests the Planning :Board to determine that the proposed divisior does not require approval under said law. Submitted this 9th........................day of.......January.......... 19...16. Down Cape Engineering 926 Main Street Yarmouth Port, MA 02675 ..............................................................y. .. 1 ... .... Signature for George P. Tuttle j o 1 Wd 6- Nyr 98, 'SSVW '318VISN80 N8333 NMOj AssAsor's offJie(1st Floor): SEPTIC SYSTEM jimUS Assessor's map and lot number - INSTALLS®IN(;®nAPLI TN a>o > oard of Health(3rd floor): Sewage.Permit number 0 C 2- WITH TITLE 5 Engineering Department(3rd floor): > ENVIRONMENTAL COD DAWSTADLL House number '7 ii TOWN REGULATIONo9. Definitive Plan Approved by.Planning Board 19 APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO �ati0 ���� A TYPE OF CONSTRUCTION Si-GC�NzVMW, c1� 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location Proposed Use ���'' ✓� �� d�� � Zoning District Fire District CIS-b1z, Name of Owner `-1et�(alsc— ` Address Name of Builder Address on Name of Architect Z..-AiSL Cep Address Number of Rooms Foundationc�a.SiZ� � Exterior � �- e Roofing Floors 96"Wi. �,-Xaeo ke Interior Heating �`m- - GAS Plumbing Fireplace `A SC- Approximate Cost cz / l 1 Area Diagram of Lot and Building with Dimensions Fe -� C--c Aan �Q OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS 1 hereby agree to conform to all the Rules and Regulations of the Town of Barnstable. 9 ; ... hove construction. T C` lame r Construction Supervisor's License 's - r TUTTLE, GEORGE P. f �fVo 33561 Permit For Build Garage Accessory to Dwelling Location 483 Phinney' s Lane Centerville Owner George P. Tuttle Type of Construction Frame Plot Lot Permit Granted March 13 , 19 90 Date of Inspection �J 19 Date Completed �oC`�� 19 " f i F 2 r Q � *ME>o TOWN OF BARNSTABLE Permit Ivo. .33561 ` BUILDING DEPARTMENT TOWN OFFICE BUILDING Cash 7 .YL N/A HYANNIS,MASS.02601 Bond ................ CERTIFICATE OF USE AND OCCUPANCY Issued to George P. Tuttle (GARAGE) Address 483 Phinney' s Lane Centerviile, MA USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. December 3, 92 Building Inspector. I' V HUNZIKER, MCDERMOTT, KIRK & RUSSELL COUNSELLORS AT LAW r 182 PALMER AVENUE P.O.BOX 547 FALMOUTH,MASS.02541 - HERBERT E. HUNZIKER (1930-1987) (508)548-4900 BRIAN E. McDERMOTT 548-4901 EDWARD W. KIRK JOE W. RUSSELL,JR.' 'ALSO ADM.IN DC April 24, 1992 Mr. Joseph Daluz Building Inspector Barnstable Town Hall Hyannis, MA 02601 RE Kirk v. Board of Appeals and Building Inspector Barnstable Superior Court No. 92-420 Dear 'Mr . Daluz : Enclosed please find a copy of a complaint filed in the Barnstable Superior Court on April 24, 1992. A uly yurs , V. 1o EWK/kadr Enclosures l i lira_ COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT NO EDWARD W. KIRK, 'Trustee ) ; Plaintiff_:: - z ., VS. ) COMPLAINT :. (G:L. c.40A.:§17 ) LUKE LALLY, GENE BURMAN, ) GAIL NIGHTINGALE, ELIZABETH ) NILSSON and DEXTER BLISS, as ) they are members of the ) BOARD OF APPEALS of the ) TOWN':OF BARNSTABLE ) :` {. AND :) JOSEPH DALUZ, as BUILDING ) INSPECTOR of the TOWN OF ) BARNSTABLE ) Defendants` ) 1 . Plaintiff Edward W. Kirk is owner of"property at 455 Phinney' s Lane,-Centerville, Massachusetts, and isra persona aggrieved by the decision of the Board 'of Appeals as hereinafter set forth. 2. The Defendants Luke Lally , Gene Burman, Gail Nightingale,, Elizabeth, Nilsson and Dexter Bliss are the duly appointed, members ofy the.- Zoning, Board, of Appe s .with respect to,.. these proceedings whose=:business offices arezhocated at Barnstable Town -Halh', :°Hyannis , Massachusetts. ; 3 Joseph -Daluz is. the. Building':�Inspector of,. the Town of : y Barnstable with'an office at ::.Barnstable Town .Hall, Hyannis, Massachusetts. 4. Georg es+: P. . Tut.tle (Tuttle) is,`the owner of a 1.79 acre parcel of land at 483 Phinney' s Lane, Centerville , Massachusetts, x t~ which immediately abutts the Plaintiff ' s land at 455'; Phinney ' s • Lane, Centerville, Massachusetts. _ 5. Both the Plaintiff ' s land and the Tuttle property are located in;-a zoning ;district. designated RD 1 Residential:., 6 . On or about :March 12 1990 , Tuttle submitted°"an r application to the office of the Defendant Building Inspector for ', a permit to construct a 3, 200 sq. ft. "garage" at 483 Phinney' s Lane in close proximity to the Plaintiff ' s property;'„ 7. On or about March, 12, 1990 , Tuttle :'submitted an application .for 'a sewage works construction permit to construct .a 1,000 gallon sewage disposal system to service the garage and a shower to be located therein. 8. On or about 'March 13 , 1990 , the building permit and disposal works construction permit were issued. A. -On or about .December of 1991,, _ 22 months after the , issuance of the permit, Tuttle began to erect�'a framework fora structure at 483 Phinney ' s Lane, Centerville, Massachusetts. 10 . At the time Tuttle began his construction;-::';_his permit, which was valid for .a :period. :of_ six (6) months, had<,expired. ll. On Dec emberyll` 1991, the' Plaintiffmade demand upon the . Defendant Daluz for _'an`.order that the structure be removed. (See copy attached hereto as Exhibit "A" . ) 4 } 12: On; December, 26, 1991; the; De'fendantk;:Daluz responded to the Plaintiff 's demand and declined to i-ssue an `enforcement order , as requested. (See copy attached hereto as Exhibit::-:,"B" . ) 13. On or about January' 21, 1992, the Plaintiff filed with the Board of Appeals , an: appeal from the decision of'. the Building, • 't Inspector (See copy ~at,tached hereto .:as Exhibit 1 14 . In the meantime, Tuttle continued to proceed to complete the construction of the building. 15 . A hearing, on the Plaintiff ' s appeal to, the. Board o£ Appeals was held on ,February `20 , ''1992 and taken under .advisement. , The Board. consisted of the f lve '.board members named .as; "} Defendants. 16 . On March 12, 1992, because they would be unable attend the Board' s meeting of March 26 , 1992, the Defendants Lally, `and Burman voted to uphold" the decision of the Defendant Daluz. (Copies of the iiinutes of thei,meeting reflecting that vote of March 12 , 1992 are" attached hereto as Exhibit "D". ) ` The entire five (5) member panel which heard Plaintiff ' s appeal.'-was not present. 17 . On March 26 , 1992, the Defendants Nightingale, Nilsson i and Bliss voted to overturn the- 'decision of the Building. , Inspector and allow the Plaintiff ' s appeal . The . De.fendantss-Lally and Burman were not present. (Copies of the minutes of thee: meeting reflecting.,;the vote -of March 12 , 1992 are attached, hereto as Exhibit "E" ) 18. On April 8, 1992, the 'board- of Appeals filed with the`' office .of the Town,..Clerk its decision- in the case. (A certified ,x copy of the decision is attached hereto as Exhibit "F" ) 19. .`. ard ` t ,2 t the 71sloa-e :Although the Bo of the Defendant Daluz,. Plaintiff ' s appeal was denied because four votes of a five (5) member board. are required to overturn a decision of the Building Inspector . y 20 . The decision of the Board to uphold the decision of the Building Inspector, insofar as it' was mandated by the votes of the Defendants Lally and Burman was pr.ocedurallY im ro er P P , illegal and incorrect. 21. The Barnstable Zoning Bye Law states that: "accessory use or accessory buildings are permitted provided any such use or building is customarily incidental to, subordinate to and on the same lot as the principal use it Y serves" . 22-. The structure. contains 3,200 s q: 'ft. . of . first floor area .and an additional 1 ,600 sq. ft. of second floor area. a 23 . The elevations and plans showing the building are contained in Exhibit "C ' referred to in Paragraph 12 of this complaint. 24 . The uses to -which the structure will be put are described in Exhibit "C" referred to in Paragraph 12 of this complaint . 25 . Neither the structure 'nor the proposed uses are "customarily incidental- :to" or "subordinate to" a residential use, within the.�neighboihood',=�-the community or "the town. 26.. The procedure by which the Board . reached its result was improper in that the Defendants La11y arid Burman aid not ! ry participate ,in the' deli$erations of the entire Board which heard. the appeal, but discussed the matter between themselves on March,. ' 12, 1992 in the absence of the other 3 members of the Board who . heard its appeal and left a 'record of their vote for the:". eetin ' I g. f - i o March 26 , 1992. i .. y t. i 27 , The Defendants Lally and Burman failed to apply- the proper legal standard and based their decision on matters which were not relevant to the issue,_of whether, this was a fiawful accessory structure/use. 28. Tuttle did not have a valid building permit at _the time: construction began inasmuch as the permit which was issued on or' about March 13 , 1990 expired after six (6 ) months (September 1990 ) . 29 . For all of the foregoing. reasons,, the decision of the.' Board insofar as it was the::result_ of the deliberation Nand vote of the Defendants Lally and Burman was im excess of the authority of the Board. WHEREFORE, it is requested that: , A. the decision of the Board as filed be annulled, B. the Court enter judgment that the structure 'is` unlawful, C. the Court enter judgment ordering the removal of the structure. Respectfully submitted, EDWARD W. KIRK, Trustee EcTwarcT W. Ki k, BBO #273720 Hunziker , McDermott, Kirk*'* Russell 182 Palmer Avenue P.O. Box 547 Falmouth, MA 02541 (508) 548-4900 s NUNZIKER. :MC"DERMOTT .KLRK,,& RUSS.E,LL'.;.. COUNSELLORS AT LAW / - 182 PALMER AVENUE " P.O.BOX 547 -"" FALMOUTH.MASS.02541 " i 'HERBERT E. HUNZIKER (1930.1987)- (508)"548-4900 348-4901 BRIAN E..McDERMOTT { { DWARD W. KIRK J JOE W RUSSELL JR 1 ati ALSO AOM IN-oc , _ _ _ .:; December 11 , 1991 ' Building' Inspector Town of :Barnstable .r 36.7 Main Street ' Hyannis , MA. 02601 RE: Request For Enforcement Order on Permit No. 33561 G.P.. Tuttle , 483.:Phinney's Larie . � Centerville,. MA Dear Mr: `Daliiz . ,a. I am the executor of the estate, of Paul G. Kirk, the owner , of property. _aocated at -455 Phinney 's Lane in Centerville, `immediate abutter '0.f the Tuttle property. at 483 Phinney.'s Lane, Centerville:: ; a . , Mr. Tuttle has recently begun construction of. a large .building -a very short distance from our:`property line The building is in- violation, of zoning and demand s, 'hereb,y.' made that you order its removal On or 'about March •12', 1990 Mr. Tuttle submitted an I application for a permit to "build a garage" containing "one I room. The permit indicates that the. garage is to be accessory, to the single; family_dwellin The ." 1 g. garage is: 80. long, ,.<40 deep u and . 20 ' in height No additional plans accompanied the .. . appli:cati'on. - { A building permit was issued' by your office ion or -about` March 13 = 1990; apparently on the 'strength. of `Mr "Tuttle' s. representation' to •you ' that he had'` discussed. the construction of this building with his. neighbors . He. never 'had any cussion ,. with me -or any.,member of. my family ` t , 4At a.bout.: the ,same' time that Mr. Tuttle filed his applicatioc s ,for a :buiac,i:ng:,.permit;' .he-.also made application to. the; Health ' Department,°for a _:disposal works construction permit in :which: he } sought approval; to .install a 1060 gallon septic_ tank, 'represent= ing" that he intended to place a '"shower:":.;in th`e "garage". He represented .that the, -";garage" would ,be -used for tractor cars, i and lawnmowers A shower and an independent septic+ system are not consistent with a garage . a, rc / 14 u *� ✓ { t f i � �. ,,� ` ` HUNZIKER McDERMOTT KIRK oN'D RUSSELL c. - Building Inspector December 1991 w Page' 2 :ry He did not.' commence const;ruCton pie withi 6 s and ` theb monthpae d ws n renewed or :'ex.tended' Within the recent past and ,without a valid^ ermit Tuttle , as erected the frame.,of this-'structure:,` a massiwer building of' 3200 .square feet,, twa; s.tories in hei ht com letel g ,.'which is P y;out of for the stated use as a garage to store vehicles- and lawnmowers, s3 Thestructure is neither "customarily incidental to" no "subordinate to" residential use but rather, the dominant structure on ;the lot and bntirely out "of character ,with:<ari" aspect of residential :'uses The bnly buildings in t`'he areay comparable in'- size are found on �iarehouse ro a"rt yards or the landfill: P P_ Y, contractor s 1 Request is hereby,made, ,pursuant to $J-1,4 of ,:the 9 . BY Laws, ,that^ the. owner bezrequired.-to; submit :plans; documents _an$ 'sworn: statements to verify he, intended use`" of the premises , g' includin the interior ofa11 floors and levels 'of the structure. 2. Request is hereby;;made tHat the bu. ldirig 'inspector issue an order that .the structure be ::removed .for hw;ith. .. n. Very truly yours, f _ j EWK/kadr rd Edwa W Rirk " !y 4 ; n % ; k tlw, a u'srNR d t F..,* r•'��f " 't t / F r+ it _ a i rF e � - �V l k f YM[ The Town of Barnstable Inspection Department 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D.DaLuz Building Commissioner December 26, 1991 Edward W. Kirk, Esquire Hunziker, McDermott, Kirk & Russell Counsellors at Law- P. 0. Box 547 Falmouth, MA 02541 RE: A=230-101" 002 483 Phihney's Lane, Centerville Dear Attorney Kirk: I have reviewed your letter dated December 11, 1991 and am aware of your concerns.. Your opinion that a shower and an independent septic system are not consistent with a garage is understandable. However, if you have plans to build .a boat, exercise and/or swimming pool for your own personal use in the garage there is no provision in the Zoning Ordinance to prohibit same. Basically, .I believe your concern and the concern of others who have voiced their opinion is that the garage- is too large and dominant a structure for a residential area. The "garage" was discussed on Tuesday, December 17th with Town Attorneys Smith and Weil, Assistant Town Manager Churchill and Council President Horner. The conclusion. is that there is nothing in our Zoning Ordinance to make this accessory structure illegal. Therefore an order,-to remove said structure cannot be issued. Peace, s h J 6D. DaLuz V uilding Commissioner JDD/gr I i. cc: Town Manager I i A 1 HUNDKER, McDERMOTT; KIRK a RUSSELL ' COUNSELLORS AT LAW e - 182.PALMER AVENUE - P.O.BOX 547 _ - - EALMOUTH,MASS.OZ541 HERBERT.E. HUNZIKER (19301987) (508)548-4900 $RIAN E. MEDERMOTT 548-4901 EDWARD W. KIRK,. January ,.21, 1992 .JOE W. RUSSELL,JR ALSO ADM IN DC h �-a Town Clerk ' TOWN OF: B ARNSTABL E yIT a J. r Town Hall - C 367 Main Str':eet. ti Hyannis , MA- 02601: . ) NOTICE OF APPEAL, G.L. c AVA §5:, 15 I RE: George P. Tu.ttle - i. 48.3 Phinne 's Lane w Centerville, MA i Dear Sir T As Trustee of the estate of Paul G. Kirk and owner of property at 455 Phinney ' s Lane, which. is- located immediately .,- adjacent.. to the Tuttle,:property at 483 Phinney' s Lane, I hereby give notice of an ap peal from the' decision' of 'the Building Inspector:,dated Decembery-,26 1991rt in which the Bui' ding Inspector failed to enforce the zoning by-law, having .been requested to do , so in a letter dated ':'December - ll, 1991 Copies of .that letter and the Building Inspector 's .,,re .ponse 'are :'atta:ched. hereto::as Exhibit "A„ .<.and nB Attached hereto are elevation and plans .which 'show the building and its interior (Exhibit "C" ) and a` list ;i.ndicating the uses and purposes to :which the building will be put: (Exhibit Neiththe buildi t d n j this residential =dietrict and_ the; Building; inspector, is incorrect in ..his determination ghat thi_s ;structure` is an 'accesory structure - It is requested that the Board, a`'fter: revew�ng the facts and .=viewing the structure; . overturn : the decision o f Bu y the ilding +, Inspector and order i k ts immediate removal it a zc f y Ver yours ri 1 Edward W Kirk EWK kadr: Enclosures cc Joseph D DaLuz Board of Appea1,a ' Building Commissioner Town of. Barnstable 3 Town of.'Barnstable r 367 Main Streets t y367�M�in Stre'ety f Hya°nnis ; MA Al Hyannis,' MA. 02601 _ i i ,. .._ w m .. . .. Y i 41 V G} Lam}. 1 1 250 CAPE HIQhWI1Y(RTE-44) __bid-qs H. TAUNTON, MA p2718 TEL:(608)823_7777 FAX:($08)880 0800- ' SHEET--- OF NO. MADE BY DATE CK'D.6Y._.._ DATE ..r -_- -. t ' _-...�.��++�+-Orr-._._•__ L T mQk!VATtas - - •mom''u' � d.. SUBJECT . . JOB NO. TSPACE I al-F -7-14ZA- Q?'A PNiAM-1.` a u DATE_ �/- 7' �a /floss bidg9 _ SHEET .: OF �ats� c�c�yk-�� _ Fw,r • ?,Zt 3S3G. F- W _ • �� StwP ,�Wz�-. cam.; l� t 'N e v Q z - H - � N M D IV DEA f' yr� i rL— y 1 ?� 7X ..... J -' .. ..� -. ` Bay One (Garage) Volvo 740 GLE s ` an (Mrs.Tuttle's car) Mercedes Benz 300SD, 1984 (my car) -Dodge Caravan (our son's car) Citroen Deux Cheavau four-door sedan, 1964 (restored, now antique) Citroen Camionette, three-door, 1966 (restored, now antique) Bay Two (Garage-shop) Wood-working and metal-working shop (Removed from the basement of 499 where we have been concerned about disturbing our tennants and also about the outside chance of fire). . Wood-working bench (2), electric-work bench (2) Table saws. (2),,band saw; grinders; etc. Oxy-acetylene cutting torch Generator-driven arc welder VW Champagne convertible (restoring) F. Toyota pick-up (my daily transport, wood body in state of creation) Bays Three and Four (Garage) Space to build and store a large sailboat British Double-Decker"Lodeka" provincial route-bus (restoring) - Motor.home 35'+. When I retire from CCCC, we plan to purchase-:one: .Children's steam carousel (Probably built about 1890, made in England, used for fairs'and carnivals, awaiting restoration. We are led to believe it could be quite valuable.) -Case back-hoe with front-end loader j Int'l Harvestor Lo-Boy tractor and attachments (plow, disc harrow,York rake, drag screen) Bucking saw (cuts stove lengths) Log splitter Mott Hammer Knife Flail Mower -.Gravely tractor and attachments -"Dr." Field and Brush mower --Troy-built Tiller-(garden cultivator) and attachments Vespa motor scooteer Jeep Rennegade, 1984 Lime spreader 5' Highlander boat trailer Tuttle made utility trailer Long-Haul equipment trailer, 17'x8' `Swampscott dories x 2 Sunfish Canoe D.M. Tuttle One=lung"Marine Engine, Model k211,circa 1898, Canastota, NY _ (Around which.we"want to build a turn-of-the=century Adirondack-type lake boat.) Antique platform scales Antique washing machine (restoring) Antique ice cream maker (Professional equipment like that Ben &Jerry started out with,that we are restoring for the grandchildren.) Children's yard toys (of which there are many) Bagged lime 99 and bagged fertilizer on pallets � Climbing wall on Phinney's Lane end-wall for two climbing sons to practice on (belay rigged). i a L . 4 overhead Storage `CCCC Rowing Club shells and their'sweeps One eight-man shell, two four-man shells, one two-man shell 4 Chuck Tuttle's single skull Sails, rudders, dagger boards and assorted lake toys. Window-boxes for 483,.481, 499,(42'6f them, 6' and 4' in length) Lumber. Lots of it. Saved`carefully foryears,from Which to make furniture. Computers, retired , awaiting assignment (? CCCC) Quantities of furniture currently stored in our basement in order to free that space for<llying areas: Wood-fired kitchen range.(awaiting our.restoration) Wood-and-coal-fired`ship's range (aWihing a ship) Barbacue equipment,SS.chef's tali e Porch furniture (of which there is a.quantity, now.cluttering our basement) Shower&toilet to save wear on the residence. �F 1 i i { V After a brief dis cussion the Board commented that because they have not had a chance to review the Document presented I` that. they would not be prepared to cast their vote tonight . I - Also ,-_ .Luke Lally would Iike the opportunity .'to have the Legal ` :=':Department review the material presented, tonight , there is a question as to what the Board is voting on - need the pro p:er wording and terminology , etc . Since the ::petition expires April 24, , and would bre subject to default , `i:t is necessary that Attorney H'addlet:on sign an extension o`:f time constraints under. , jChapter, 40A, which Attorney Haddleton indicated .he has no ;Oroblem with . Attorney Haddleton stated that thee Conservation Easement restricts the back Lots to the Conservation Restrictions and cannot ever be built upon - so that the property will never be used - this wi11 also addr.ess the ._concerns.,. of Madeline McDonald . The Board discussed br:,i'ef l.y such x i ssues as to the enforcement aspect of twhat is_ : proposed `.' Also discussed was the :'ssue of the tax value of the Land involved - it is still subjeXestwauld be and lessls'-incee b it y the people , however , the taxes only be used for agriculture Luke Lally stated that the Board should have Vhptt what was the Legal Department , as to whether ,;..this ,-. is in fa originally requested in the Legal ,-Ad in the first l pubIication 'for- relief After a brief discussion , Gail Nightingale mowed to continue this matter to the hearing of Apr il 9 ' t - 7 : 30 p.m. in order to get a decision from the Legal Department regarding the Gonser�vation Restriction Document presented by Attorney Hadd I`eton ton i gh,t: - the hearing wi I I b,e wi I I � _ open to the abutFters . Attor.ney.. Had.d.leton will file an extension of` time constraints . ' y Ak_.copy of the Document entitled "Conservation` Restrict"ions" a,o be forwarded' to ' the` Town Attorney_ for his input and : x „- assistance to the Board to determine*, this is the. best way to 'proceed with .this request .for rel. s the pet i ton l f Tfi�e nex th t emd a�J 1+rF _ 1�DBCtS 11E�rS � 0 J o f" .EQ1NAflD K t K �(�,C11'TOi .•:a .THr= .l 'STA : OF_ K1:t �w,> h1'�1~AL R• NO. 1992-10 , wh i.ch is an appea I t aken by Me Kirk aga ("ns t '`a Inspector for t he' issuance of a Decision of the Building f building permit to construct a garage .. A4r .. „George Tuttle, who is an abutter to Mr . Kirk , has constructed the garage . '...` This petition was initially heard at the ;tastscheduled I hearing of February .20 and continued to the next meeting of G March 26 ; however , because several Board members will not be available for that meeting , they have chosen to cast their votes tonight . A Certified Plot Plan has been submitted to the file as requested at the initial hearing . Luke Lally commented that he has viewed the property under Y consideration and finds that although it is a large . structure , . however , when you view the large parcel of almost ei ht ( 8 ) acres it does not seem to be out of proportion t g Since this Board could not find to grant retie ; ; petitioner for the sale of several items at the site known as "Osterville Gardens" and uphold the Decision of the. r. Building Inspector in that instance , do not see how s } cannot uphold him in this instance . When you view th Is structure on eight acres and look I {tlsitoffensivehtoKthe property as well , do not feel t h a property of Mr . Kirk. Gene Burman also discussed the petition - he questioned whether the Board has the right to apply its standards to i.. someone elses property discussed the locus consisting o.f eight ( 8 ) acres - he would support the.. Bui`lding Inspector in u. this instance also . - t felt Luke Lai ly , after viewinge the ar bui much' nbet'terquunde�n �cover , that those items involved especially when you consider the large bus and other items that are better housed inside the building . He has read the Zoning Ordinance which does not address size of Accessory Buildings , etc . Gail Nightingale questioned Luke as to his interpretation of t the number of floorsin the. bu'ilding . Luke does not believe a that this is a two-story building - there is a mezzanine . Gene Burman does understand the position of the Building Inspector under the 'circumstances , especially where the Ordinance does not discuss size , height , etc . Gail Nightingale discussed the first. page of the Zoning Ordinance alluding to- the purpose of the Ordinance . Luke Lally does not ..think that the structure in question is detrimental to the neighborhood : Luke Lally made a. motion that the above comments are his findings and based upon those he does no`t find this garage structure to be detrimental to the neighborhood . In this . e Building r ~ 0 f t h instance he . will. uphold the decision _. Inspector to issue the Building Permit for construction of he f indin s were seconded by Gene is sue s ue t 9 in at , the building Burman who will also be unavailable for the next meeting of March 26 , and also casts his vote on the findings made by Y ly 4 Luke Lally and support the decision of the Building Inspector . The following Board members � wiII cast their votes at the next scheduled meeting : Gail Nightingale , Elizabeth Nilsson and Chairman Dexter Bliss . We will now proceed to hear the regularly scheduled. . petitions for tonights meeting . APPEAL NO. 1992-12 JOHN SHEEHY ¢K ,r JOHN SHEEHY _ HAS APPEALED TO THE ZONING BOARD OF APPEALS AND PET I'T;IONS FOR A VARIANCE UNDER SECTION 3-1 . 1 ( 5y TO ALLOW THE CONSTRUCTION OF A TWO-CAR GARAGE WITH WORKSHOP/STORAGE AREA NOT IN CONFORMANCE WITH REAR AND SIDEYARD SETBACKS AT MAP 288 `'',LOT 160 , 29 LATTIMER LANE, HYANN1ISPORT IN AN RB ZONING DISTRICT. The following Board, members were ,. present to hear this petition : Rort ; Jansson , Richard BQy Betty Nilsson, Gene Burman and Acting Chairman , Gail Nightingale. A Staff Report prepared by the- Planning Department has been submitted to the f1jI e. Mr . Sheehy presented his Variance pet"ition before the Board submitting a Certified Plot Plan and explained his desire to j construct a two-car garage with workshop area . He explained that he could not p.lace the new structure elsewhere on the lot because of the present placement of two septic systems, and also his regard for his neighbor led him to place the garage so that it' would be aesthetically pleasing and less obtrusive to the neighborhood . The most logical place for this construction would be as contemplated , away from the septic systems. Ron Janssor` discussed the proposed placement of the garage - , and questioned whether Mr . . Sheehy might place it elsewhere and wh y,-`��i't is proposed to be so far'�,back - 22 feet between the garage and house itselV. Mr . Sheehy responded that the placemen``t is such in order tha:t he might remove some unsightly tress and he stated that he had lost some trees due to the storm;;, Mr . Sheehy stated that. he had discussed tThis with his neighbors who have expressed no opposition. to the proposed structure_ Ron Jansson questioned whether the petitioner might Iive with a smaller garage . Mr . Sheehy responded that he had an i antique car that he would like to restore and would do so in the other garage space and also because he needs` storairg,e FL 1 E t MINUTES OF OPEN/PUBLIC HEARINGS - MARCH 26, :1992 Chairman Dexter Bliss opened the-'.-regularly scheduled meeting at 7:05 P .M . with the..,foll_ow' ng 'Board members in attendance : Gail Nightingale , R:on�-7"_Jansson , Richard Boy , Elizabeth Nilsson .- Wayne BrowK'and Glor=i,j ,Urenas . Present to��'_ represent the P1'ann' ,;ng Department were the 4 Director', Robert Schernig and. Associate Planner , Mohammad Tariq . THE FIRST ITEM ADDRESSelD� WAS --HE,!.UNFINISHED 'BUSINESS ; APPEAL NO . 1992-10 , EDWARD KIRK , EXECUTOR OF THE ESTATE OF PAUL G . KIRK . �Cn This petition was initially heard at the meeting of February 20 and continued to this. date in order that the Board might view the site and also to allow for the preparation of a Certified Plot Plan , as had been requested by the Board . - This petition deals with a- Decision of the Building Commissioner to issue a building permit for the construction of a garage/workshop building known as an Accessory Building . The petition is brought by Attorney Kirk on behalf of the Estate of Paul Kirk , an abutter to the locus who is aggrieved by the Decision of the Building Commiss'ioner to issue the Building Permit . Since the initial hearing , at the subsequent hearing held on March 12 , two members of the Board cast their votes because they would be unavailable for tonights meeting . Accordingly , both Luke P . Lally and Gene Burman cast their vote based on their findings that the items involved were 'much better placed under cover , and they have read the Zoning Ordinance which "does not address size , height , etc . , of Accessory Buildings . Both Luke Lally and Gene Burman x: Understand the position of the Building Commissioner under the cirumstances . Also both `.individuals do not think that the structure in question is detrimental to the neighborhood . t Luke Lally voted , based on.`::his - findings , to uphold the decision, of the Building Comm sssoner to issue the Building j Permit for construction of the Building at issue . Gene Burman. concurred with the . findings and also voted to uphold I. the decision of the Building Commissioner . We now need the votes of the remaining three members of the Board who heard this petition , specifically , Gail Nightingale , Dexter Bliss and.' Elizabeth Nilsson. The respective Board members -'-discussed the 'petition and they site ; which they had :visited: ..``' Elizabeth Nilsson raddressed: ' i i w y .` .:mow+ I' _ _ 2 logic that one member used when the particular issue of of March 12 , that the casting his vote at the meeting acres of land; ` Certified Plot Plan indicated a, building was located once pa Planof eight 8 consisting ` however , in the meanti question is located on a lot CO ow the that the building_ in gUeS building to of 1 .79 acre . Elizabeth Nilsson be can naccessorytand building could be considered t i` and the structure at could be a 2700 square foot building see where that can not 320o square feet customarily incidental or subordinate oryBuilding considered to The Accessory the principal use on the lot . Also raised ction of the zoning ordinance wearingcthe eChairman of the Se rior h was the fact that at the P Commissioner . indicate to Board requested that the Building re has been the location of similar sizes d there in the Board _ it does not appear that residential areas any correspondence from the Building Commissioner regar ing that information . building in a The building is not a customary accessory ' al area in this Town and therefore , would have a residential to support the Building Commissioner . difficult time voting . eed - The Zoning Ordinance was Section d 9 cussed Chairman Bliss agr 4-1 .1 deal specifically , as regards _. Accessory Uses . found in residential Bliss found that structure oof 3200 square feet al ChairmanilY f in ar om es . st ur u st ructures c t t r u o s itself is n articular , do not find any that neighborhoods , in P the general area , short of the Greek Orthodox Church , f is similar in size to this building . Nilsson , that the th Find that he wouldwith. agrSubordinate to ethe primar structure building itself is not on the 1 .79 acre parcel., which is residential • now become Further , find that it is not incidental it has n r hborhood , as far as size thePrimary building in the neig to the detrimental is a t the structure itself is the structure that at th Find lar e In particular that of th neighborhood . 4: detrimental to the neighboring property ,� front yard of the the . to the left petitioner . When, one stands e°street looking . facing building petitioner 's property the so-called accessory street z all one has to view is from the which virtually bounds the entire propertyl to the house . in his h Building Commissioner erred Find that the The findings were seconded interpretation of Section 4-1 .1 . rs, by Gail Nightingale . BLISS. AYES: NIGHTINGALE , `NILSSON , 3 Based on the positive findings , Dexter Bliss , moved to support the petitioner 's position on the interpretation of Section 4-1 .1 of the Zoning Ordinance , and ask that the Building Commissioners interpretation of Section 4-1 ..1 be 1 overturned - seconded by Gail Nightingale . AYES: NIGHTINGALE , NILSSON , CHAIRMAN BLISS . - t k Chairman Bliss explained the votes taken at the last meeting and the fact that we need four ( 4 ) votes to overturn the Building Commissioner 's decision , therefore, his decision is upheld because we do not have four ( 4 ) affirmative votes on, the petition itself . THE BOARD UPHELD THE DECISION OF THE BUILDING COMMISSIONER TO ISSUE THE BUILDING PERMIT FOR THE CONSTRUCTION OF THE GARAGE . THE BOARD PROCEEDED TO THE REGULARLY SCHEDULED HEARINGS FOR TONIGHTS MEETING . APPEAL NO 1992-15 DR . ALLEN WHITE DR . ALLEN WHITE HAS APPEALED TO THE ZONING BOARD OF APPEALS AND PETITIONS FOR A SPECIAL PERMIT UNDER SECTION 4-4 .2 , TO EXTEND A NON-CONFORMING USE , TO RAISE THE FRONT OF EXISTING BUILDING ( B ) AND INSTALL A FOUR ( 4 ) FOOT FOUNDATION AND DEMOLISH THE REAR SECTION TO REBUILD -SAME AND UNIFY ROOF LINES , WITHIN THE ORIGINAL FOOTPRINT AT MAP 308 , LOT 98 , 362 SOUTH STREET , HYANNIS IN AN RB-1 ZONING DISTRICT . The . following Board members,, heard this petition: Gail Nightingale , Ron-. Jansson , Richard Boy , Elizabeth Nilsson and Chairman Bliss . A Staff Report prepared lby the Planning Department has been submitted to. the file Michael Mara , contractor for the petitioner , appeared to pressnt the petitionbefore the Board - he submitted a Certified Plot P1an indicating the 'Locus at issue . He explained that, this proposed renovation,>. would upgrade the . property which has been in existence since the early' 1930s prior to the . enactment of Zoning in the Town . The petitioner proposes to .rebuild the existing garage into an apartment' - he also stated that the garage has been used as an apartment by the prior owner , William Bearse , ' and most recently has housed several immigrant individuals . tf Mr Mara" compared -th:is upgrade/renovation of the property 'as of being similar in nature to that of the ``property next door x Town of Barnstable Zoning Board of Appeals Appeal Decision and Notice = Application: #1992-10 Applicant: Edward W. Kirk Summary of Relief Sought: At," a regularly scheduled hearing of the Zoning Board of Appeals, held on February 20, 1992, and continued to March 26, 1992, notice of which was duly published in the Barnstable Patriot, and notice of which was forwarded to all interested parties pursuant to Massachusetts General Laws Chapter 40A , the applicant, Edward W. Kirk, executor of the estate of Paul G. Kirk, has appealed a decision of theXh Building Inspector pursuant to MGL CH. 40A, Sections 8 & 15 and requested an enforcement action to remove a newly constructed two-story garage at Assessors Map 230, Lot 101- 2, more commonly addressed as 483 Phinney's Lane, Centerville, MA. the lot is located in the RD-1 Zoning District. The applicant is an abutter to the site under appeal. The following Board members heard this petition: Gail Nightingale, Elizabeth Nilsson, Luke Lally, Gene Burman and Chairman Bliss. Summary of Evidences The petitioner, Attorney Edward Kirk, presented his petition to the Board and submitted a Plan of Land showing the Tuttle property abutting his property. The plan shows the subdivision of. the Tuttle property into four .;4) . lots. , Mr.: Kirk explained that the structure shown with red hashing is the particular structure which is the subject of the appeal'. He' also submitted an Assessor's Field Card indicating the gross floor area of the primary residence, and a copy of Building Permit Application showing the date of grant. He ahso submitted an elevations plan of`:the structure, which was supplied to .him by Mr. Tuttle, an overview-of the interior of the building, and list of activities that will take place within the structure. In addition, Attorney Kirk submitted 12 photographs showing the structure. Attorney Kirk discussed the permitted accessory uses in a RD-1 residential district which includes renting of rooms and stabling of horses. In order for the subject building or. uses. to, be, lawful; they would have;.:to be permitted under;. . M l i M • � f S } �' • i � i �� �� }. I. r - F Section 4 of the Zoning Ordinance (Supplemental Provisions) dealing with accessory uses. The question is whether this building and its activities comply with the requirements of Section 4 of the Zoning Ordinance. Mr. Kirk explained that accessory uses and buildings are allowed provided that such uses or buildings are customarily incidental to and subordinate to the principle use which they serves. Attorney Kirk stated that the structure is 80' x 401.(3200 square feet) and, with its elevations, appears as a commercial-type warehouse. He• further stated that it is the only building of this type constructed in this town/neighborhood, it is not customarily found in a residential neighborhood, nor is it incidental to the residential structure. It is the most dominant building on the lot and on Phinney's Lane between Route 28 to Route 132. Attorney Kirk argued that as far as the use of the structure is concerned, it. is not-In any way incidental to or subordinate to a residential use. He stated that the kind of uses Mr. Tuttle indicated in-:::his list, which will take place in this building, are found in a storage yard and are not allowed in a residential district. It is not incidental to or serving the residential use of the premises. i Attorney Kirk cited three law cases and court disposition. j In case of Brown vs Huntington et al. , a New York Case, (496 NY Second at 487 ) which dealt with a boathouse) , the Court said the record. establishes that Mr. Brown seeks to build an unusually large structure of 1080 square feet(SF) in which to service and store his boat, and denied Mr. Brown the right to build a 1080 SF structure, in which to put his boat, because it was not accessory. The other two cases are Harvard vs Maxant and Pratt vs Building Inspector of Gloucester. The Board discussed the ..nature ,of the appeal and determined that the focus of the appeal is..: on the Building Commissioner's interpretation of the Zoning .Ordinance, specifically Section 4=1. 1 of the Zoning Ordinance dealing with accessory building/use. The Building Commissioner, Mr. 'Daluz, was present and ?, addressed the Board regarding the petition. Mr. DaLuz stated that there is nothing in^the Zoning Ordinance which regulates the size of an= accessory building. He stated that the building will-,.be used as a :"garage" and can be used for anything including boats, horses, autos, etc. Mr. Daluz stated that he could not find anything in the Zoning Ordinance that would define, what one could not put in an accessory building. r r. The Board questioned Mr. DaLuz regarding the height of the building being as one-story building due to its two rows of windows. Mr. Daluz stated that it is a one-story building with a mezzanine. The Board questioned Mr. Daluz whether the construction of the building was within the parameters of the Building Permit. Mr. Daluz responded that the plan filed is consistent with what is now on site. Mr. Tuttle, the owner of the property was present and addressed the Board. He stated that he needed a garage and ' requested a Building Permit from the Building Inspector. He - 1 stated that it is an accessory use. It will be used"to garage motor vehicles and for restoring of a couple of primitive vehicles. It will also be used for boats storage -' and he would like to build a boat and put everything under cover. The Board asked Mr. Tuttle if the structure will contain boats belonging to other people. Mr. Tuttle responded that the Cape Cod College has a Rowing Club and they row on Wequaquet Lake. He allowed the club to. j use the beach on his property in order to launch their boats, and had allowed them. to store the boats in the barn. Chairman Bliss asked for people who would like to speak in, support of the Building Commissioner's position in this case. Carl Tuttle stated .that he supports the decision of Mr. Daluz. He discussed subordinate and customarily incidental,;,. use to the main. residence. He stated that the fact is that .- they live on a .lake and, it. is customary to .house boats under cover during the offseason. Garage is an incidental ;: to the residential use, for cars. Robert Tivey stated that he would like to be on record as supporting the Building Commissioner's decision. Ken Woods, David Cole and Loretta St Angelo spoke im,favor _� ' of the Building Commissioners' decision. i Chairman Bliss called for anyone in support of Attorney Kirk and opposed to the position of the Building Commissioner, Mr. Daluz. I. I Liz Clarke of Osterville commented that both the building and use are issues here and it is a matter of scale and aesthetics, etc. Mr. McKay discussed his concern with the scale of the building and approval of the Building Commissioner. The Board, at a meeting of February 20, 1992, decided to take the matter under advisement, in order to view the property and other similar sized structures in the town. Finding of Facts: At regularly scheduled meetings of the Zoning Board of appeals held on March 12 and March 26, 1992, the Board made the following finding of facts: I 1. That the accessory .structure of 3200 square feet is not customarily found in residential neighborhoods, in particularly do not find any structures in the general area, that are of similar in size to this building. 2 . That the building itself is not subordinate to the primary residential structure on the 1.79 acre parcel. 3. That it is not incidental to the primary use, but it has now become the primary building in the neighborhood, as far as size is concerned. 4. That the structure itself is detrimental to the neighborhood. In particular, that the structure is detrimental to the neighboring property, that of the petitioner. When one stands on the front yard of the petitioner's property facing the street, looking to the left, all one has to view is the- so-called accessory building which virtually bounds the entire property from the i street to the house. 5. That the Building Commissioner erred in his interpretation of Section 4-1. 1. AYES: NIGHTINGALE, NILSSON, BLISS (Voted on March 26) NAYS: LALLY, BURMAN (Voted on March 12 ). i Decision: Based on the finding, at a regularly scheduled meeting of the Board held on March 26, 1992, a motion was duly made, and seconded,- to support the petitioner's position on the interpretation of Section 4-1. 1 of the Zoning Ordinance, and ask that the Building Commissioner's interpretation of Section 4-1.1 be overturned. AYES: NIGHTINGALE, NILSSON, BLISS (Voted on March 26) . NAYS: LALLY, BURMAN (Voted on March 12 ) The petition did not get four (4 ) affirmative vote to overturn the decision of the Building Commissioner pursuant to MGL Ch. 40A, ...Section 15, therefor, the Building Commissioner decision is upheld. THE BOARD UPHELD,.THE DECISION OF THE BUILDING COMMISSIONER TO ISSUE THE BUILDING PERMIT FOR THE CONSTRUCTION OF THE GARAGE. I 1 i it i i ,j 1 . N . i j �'1 Pe==o= asgr_e�re_ by this, dec_s=c may appea_ to t e Super_ _ Ccur- , as desc_,ce i= Sec__dn 17 0f C:.a,car .. 40z of t.`.a Ga=__=? Laws of t_e Ce=or_ e�Tth of t�_`ssach_sec_z by bra-_- _ �z ac=_o. w._ch_� c::a:cy days afce= the de__sio;l has bee f-?sa i= the aif'_cs of the Tot;-a Clerk- i I , Cler- of the Tw--a of Barmscable, r Bar='cable Councy, i-assac-usecfs, hereby carci_y .thac t-.:e=c-7 (20) days have el aused sJce t_-le Board of Anneals rendered Its dec=sl0n L^ the above ent_cTed pecc-*on and thac no aDpecl of said dec=�ion has been -. feed in the af-'ce of the To---a Cleric. Signed and Sealed this day of 19 under t`e pains and.pe=alc=es of perjury. Disc__buc_on-. Au L_c=nc Pe_sc.s Incarestad Inspec_:: Eca__ of A^peals ` . i i . ,_. E TOWN NN_OI BARNSTA1fI ,°5� I)FPARTI EN O,f PLANNtN ID ti • A DEV9LOPMEN,' OFFIC>; NOTIC 01. 1�UiLIG H�1�tY UNU>;R.TH��ONI1�G�� ARUI ANC ' �k MECTiIyG ER A' To,all �� e�I�tt►�a K =,� 1'a(.8 ybu arC lmfi �; .� Brtati toer the�CxiSng, :d�F A� x { pCttttoh €dr a� ettalr!'t Mitj. Section 9:1 1 (3��,ttr'allodi a sty apartment'=at Mai 17 i Lot�'t0$�10 , Goff'Tci•a c,,`Matcrvtlle in Yd SRC r ti; A PUBLIC HEARING WILD BE VELA O�i TI3ITPdt 30 rc ... .. 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MAII53 '' t# 'AI� ON e IIIUItDAY yY�V-1 URU I "ARY 20 199 ti -rr„f w�,�: F�'3F3ki1:R I IJ I xaF 4BOARDOtr, I?'p AE3��� � I cbruary'6 Rc FEruat Kt>3, t `. - F E • a PARTIES IN INTEREST i MEETING OF FEBRUARY 20, 1992 APPEAL NO. 1992-10 EDWARD KIRK TUTTLE, GEO. P. & ANN, TR. TUTTLE FAMILY, TRUST 483 PHINNEY'S LANE, CENTERVILLE, MA 02632 SWARTZ, CAROL A. 55 LOOMIS LANE, CENTERVILLE SWARTZ, DONALD V. 55 LOOMIS LANE, CENTERVILLE BODENSICK, FREDERICK & ENID 58 LOOMIS LANE, CENTERVILLE CAHOON, ROBERT & EDITH 30 LOOMIS LANE, CENTERVILLE WARD, BRIAN & ESTHER M. 519 PHINNEY'S LANE, CENTERVILLE BAKER, ROBERT & JOANN 502 PHINNEY'S LANE, CENTERVILLE BRENNAN, GARY & LYNNE A. 520 PHINNEY'S LANE, CENTERVILLE LYNCH, PATRICIA A. & DANIEL 43 OAK DRIVE, UPR SADDLE RIVER, NJ 07458 ANDERSON, ELLIOTT D. 22 ELLIOTT ROAD, CENTERVILLE CARUSO, JOHN A. & SUSAN 2 KNOLWOOD COURT, BURLINGTON, MA 01803 i ANDERSON, WILLIAM E. 23 ELLIOTT ROAD, CENTERVILLE i I i i f t I 1 f t t 1 i - t i 1 i i d` r GEORGE P.TUTTLE,PH.D. GF,LYGAaES 483,PHMEY'S LANE C BZER U-F,MA9SAGiX3EM02632 USA. 04 March 1992 Dexter Bliss, Chairman Zoning Board of Appeals Town Office Building Town of Barnstable Appeal 1992-10 20 February 1992 Dear Chairman Bliss, At the meeting of February 20th, you requested a certified plot plan showing the garage as placed on the land. Six copies accompany"this letter. ; If there is anything else we can provide, please do not hesitate to call. Thank you. Respectfully, George P. Tuttle Enclosures Certified Plot Plan x 6 copies Down Cape Engineering, 03 March 1992 Copy Joe Daluz Building Inspector, Barnstable J. Y .pp o° j6 o •pp � a yea L_o�- 4 op o� -77,800tsF t-19 ta�� �4 gS U I+�J.rPO / jOB # 84-153 CERTIFIED PLOT PLAN PREPARED FOP.- LOCATION: PHINNEYS LANE C ' VILLE SCALE. I "=60 ' DATE: 3/3/92 REFERENCE: L-4 PB 451 PG 92 GEORGE. TUTTLE 1 HEREBY CERTIFY THAT THE STRUCTURE SHOWN ON THIS PLAN IS LOCATED ON. THE GROUND AS SHOWN HEREON. STRUCTURE CONFORMS TO SETBACK REQUIREMENTS ���• 9F Nqf� JOHN Sys r c LWEE N0.33602 down cape engineering, inc . CIVIL ENGINEERS 'AEG faE� LAND SURVEYORS Al1140,0N ROUTE 6A YARMOUTH MA DATE REG. LAND SURVEYOR. I W Q N�+� �t�cYATio�l ma,Es . 250 CAPE HIGHWAY(RTE.44) bldgS E. TAI{NTON. MA 02718 TEu (508)023-7777 FAX:(508)980-0500 SHEET - QF NO. MADE BY-DATE r CK'D.BY -DATE i - T 2 MoJ OL ENat+J�RiI,. '+NET 1/ATtoN ' wow � SUBJECT / � JOB NO. SPACE I �` -F T /E .AW;?"ioyOa LAM DATE y 7' fo bld 9 8 ' r�'�SS e��ylCuLc- SHEET OF ' �►o�sE c�c�yk-�� ,rvr �'- 3536 1 r 7 3� W _ 0 5 � , y Q z H LLIA Rk" , �- z ' `Bay One (Garage) Volvo 740 GLE sedan (Mrs.Tuttle's car) Mercedes Benz 300SD, 1984 (my car) Dodge Caravan (our son's car) Citroen Deux Cheavau four-door sedan, 1964 (restored, now antique) Citroen Camionette, three-door, 1966 (restored, now antique) Bay Two (Garage-shop) Wood-working and metal-working shop (Removed from the basement of 499 where we have been concerned about disturbing our tennants and also about the outside chance of fire). Wood-working bench (2), electric-.work bench (2) Table saws (2), band saw, grinders, etc. Oxy-acetylene cutting torch Generator-driven arc welder VW Champagne convertible (restoring) Toyota pick-up (my daily transport, wood body in state of creation) Bays Three and Four (Garage) Space to build and store a large sailboat British Double-Decker "Lodeka" provincial route-bus (restoring) Motor home 35'+. When I retire from CCCC, we plan to purchase one. Children's steam carousel (Probably built about 1890, made in England, used for fairs and carnivals, awaiting restoration. We are led to believe it could be quite valuable.) Case back-hoe with front-end loader int'I Harvestor Lo-Boy tractor and attachments (plow, disc harrow, York rake, drag screen) Bucking saw (cuts stove lengths) Log splitter Mott;Hammer Knife Flail Mower Gravely tractor and attachments "Dr." Field and Brush mower Troy-built Tiller (garden cultivator) and attachments Vespa motor scooteer Jeep Rennegade, 1984 Lime spreader 5' Highlander boat trailer Tuttle made utility trailer Long-Haul equipment trailer, 17'x8' Swampscott dories x 2 Sunfish Canoe D.M. Tuttle One-lung Marine Engine, Model #211, circa 1898, Canastota, NY (Around which we want to build a turn-of-the-century Adirondack-type lake boat.) Antique platform scales Antique washing machine (restoring) Antique ice cream maker (Professional equipment like that Ben &Jerry started out with, that we are restoring for the grandchildren.) Children's yard toys (of which there are many) Bagged lime and bagged fertilizer on pallets Climbing wall on Phinney's Lane end-wall for two climbing sons to practice on (belay rigged). e' Overhead Storage CCCC Rowing Club shells and their sweeps One eight-man shell, two four-man shells, one two-man shell Chuck Tuttle's single skull Sails, rudders, dagger boards and assorted lake toys. Window-boxes for 483, 481, 499 (42 of them, 6' and 4' in length) Lumber. Lots of it. Saved carefully for years,from which to make furniture. Computers, retired , awaiting assignment (? CCCC) Quantities of furniture currently stored in our basement in order to free that space for living areas. Wood-fired kitchen range (awaiting our restoration) Wood-and-coal-fired ship's range (awaiting a ship) Barbacue equipment, SS chef's table Porch furniture (of which there is a quantity, now cluttering our basement) Shower&toilet to save wear on'the residence. T i I - f TO: Zoning Board Of Appeals FROM: Joseph D. DaLuz, Building Commissioner SUBJECT: Accessory buildings of large size DATE: March 4, 1992 Reed 159 Donegal Circle Garage Reed 65 Bridgets Path Garage Dumas r Old Stage Road Garage/barn Captains tables Old Falmouth Rd. Stable Kestens Osterville/W. Barnstable/ Barn Old Falmouth Road Capizzi Rt. 28, Cotuit Barn Behind Ames Rt. 28 Garage Gerrior Kidds Hill Rd. Garage BaLange 1131 -Old Stage Garages 77 Main St. , Cotuit 2140 Route 149, W. Barnstable 3095 Route 6A, "Barnstable Davis Main & Osterville/West Barnstable Rd. M920304A c- SENDER: I also wish to receive the ''_a ■Complete items i and/or 2 for additional services. h ■Complete items 3,4a,and 4b. following services(for an H ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. y ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address 0 permit. y ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery t ■The Return Receipt will show to whom the article was delivered and the date .. C delivered. Consult postmaster for fee. a 'a> 3.Article Addressed to: 4a.Article Number 40i Ix yam,, I a / / t-t t//�� tom"! 4b.Service Type r�w w'y` J �✓� T �► ❑ Registered )Q�Eertified CC of I Cn TJ{} �Q. ❑ Express Mail ❑ Insured 40 ❑ Return Receipt for Merchandise ❑ COD I e 7.Date of Delivery p 5.Received By: (Print Name) 8.Addressee's Address(Only if requested W and fee is paid) t � t- 6.T M re e r g nt) 0 �. , rn PS Form 381 , December 1994 Domestic Return Receipt UNITED STATES POSTAL SERVICnPm rs C as ifs I -Pbsa�e'&`�ees#'Sttl _-----A- I Print your � L, �614Z , and ZIP . I TOWN OF BAR RSTABL' BU ILD INr D I V j S 'I ON , 367 MAIN ST HYANN;I S MA 02601 �v y ` r4'P1;~P;29 .805 286 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse) Sent to t Street&Number Post Office,State,&ZIP Code Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee LO rn Return Receipt Showing to Whom&Date Delivered n Return Receipt Showing to Whom, Q Date,&Addressee's Address 0 TOTAL Postage&Fees $ rh Postmark or Date E 0 u- a Stick postage stamps to article to cover First-Class postage,certified mall fee,and charges for any selected optional services(See front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the a�i return address of the article,date,detach,and retain the receipt,and mail the article. uO 3. If you want a return receipt,write the certified mail number and your name and address M on a return receipt card,Form 3811,and attach it to the front of the article,by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the C addressee,endorse RESTRICTED DELIVERY on the front of the article.' a0 CM 5. Enter fees for the services requested.in the appropriate spaces on the front of this E receipt. If.return receipt is requested,check the applicable blocks in item 1 of Form 3811. ``5 6. Save this receipt and present it if you make an inquiry. d OF WE The Town of Barnstable 9� &6519. Department of Health Safety and Environmental Services iOrEo ram►+" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 9, 1996 George P.Tuttle c/o William/Christine Tuttle 499 Phinney's Lane Centerville,MA 02632 Re: 499 Phinney's Lane,Centerville,MA Dear Mr.Tuttle: Please be advised that,after a thorough review of records regarding your property,we have determined the following. When the"A-frame"was moved to 499 Phinney's Lane and the windmill was retained as an accessory structure,there were no problems. Somehow,around 1980,the windmill was transformed into a dwelling. This resulted in two dwellings on one lot. This is a violation of zoning and,without a variance from the Zoning Board of Appeals,is not in compliance. You must cease and desist the use of the"windmill"at this time. After complying with this order,you must contact me to apply for a permit to convert the structure to accessory status again. You have the right to appeal this order. If you so choose,we will be more than happy to help you. Sincerely, Ralph M. Crossen Building Commissioner RMC/km CERTIFIED MAIL P 229 805 286 R.R.R. • F Q960909A 9 1I96 11:52 AM Macintosh 0468 54 90 32 - P.004 GEORGE PALLISER TUTTLE, PH.D. AUXERE, RIVER YONNE FRANCE Voice(011 44)0468 54 79 45 Fax (011 44)0468 54 90 32 Fax usually on all the time. non-stop. Keep trying. Dear Commissioner Crossen, Our daughter-in-law; Christine(Mrs. William W. Tuttle), received in our absence on August 26, your registered letter with several queries you have after"a review of[our] property..." She kindly included the points in a recent fax to us to which we hasten to reply. Please understand the possible tardiness in our response to your letter. We are in France where I am immersed in the pursuit of some long overdue writing assignments. Christine, Will and we are in touch by fax, however not on a regular basis. Please also understand that any extant records that we have about Grey Gables and its history are 1/five thousand miles away and 2/all may not have survived a distribution of furnishings to the four sons for their use in,their families. a thorough clean-out and general throw-away prior to our coming abroad this summer. However, here is the history to the best of our recollections 499 Phi nneys Lane. When we purchased Grey Gables in 1964, the owner, Avilda Wilson, retained a portion which I believe is described as"Lot 35"on Loomis Lane. On this parcel, she had Irving Lawrence build a modest year-round house which she promised to sell to us on her demise. That she did. This is the dwelling that you refer to as"the A frame", a misnomer in spite of its appearance. 1t is standard construction however with a cathedral ceiling to accommodate windows that overlooked Lake Wequaquet and captured the sunsets which she so dearly loved. One bedroom and a half bath upstairs: one bedroom, study, kitchen, living room down. With no present need for the house. we rented it year round in 1979. We recognized at the time the wonderful site that Mrs. Wilson had retained, but we did not share her enthusiasm for Lawrence's design., In 1985. we asked then-Building Commissioner Joe Daluz if we might relocate the Wilson house onto the parcel which, when we formally sub-divided the property. became 499 Phinneys Lane. The rationale was to free''Lot 35 for a retirement home that we felt we might someday want to build on that site for precisely the same reasons Avilda Wilson had built there. Mr. Daluz agreed, issued a foundation permit, and that winter when the ground was thoroughly cozen, a house mover from Plymouth environs rolled the house across the lawn to a new foundation. New septic tanks and leaching beds were dug and inspected: the electricalservice was put in order and inspected, the house re-shingled and re-roofed. Over the years, several of our sons began their married lives in"The 499 House", as it became to be known. When they moved on, we rented the house to pay taxes and to keep it from being empty. We have always sought families with children, for; enclosed as the property is by fencing, the property is a desirable environment for the raising of youngsters. The shallow approach to the lake; is also great for kids. Our present tenant is in his third year with us. {r ';%1/96 11:52 AM Macintosh 0468 54 90 32 P.005 "The Windmill"originally was a steel windmill frame which supported an Aeromotor fan which pumped water to a great redwood barrel on stilts by the carriage house, some distance away.That potable water supplied the main house and the horses which resided in the carriage house. As we improved the property by planting trees, developing gardens and attending to a lawn that was not a lawn, we soon developed need of storage space. In 1970 we asked Mr. Daluz if we might demolish the by-then derelict carriage house and e pan on e win mi rto contain our growing ac u—mnufalfi—on of equipment. We would also add a wood-fired sauna and a bathroom. It would be a finished building (insulated and sheet-rocked), in contra-distinction to a barn or a shed. Mr. Daluz asked who was going to do the work?"We are". "Fine. Go to it." We could not afford a builder at that point in our lives, so under the watchful eye of several contractors, the boys and I dug foundations, a basement section to protect the well, poured the job with borrowed forms. and also poured a slab floor. Peter Kelly, a then-young Centerville contractor, a pal of our sons, was with us all the way, advising and often picking up a shovel or hammer. It was a fun,family project,a major one. We insulated the building completely and finished the interior. In one section, we double- insulated in order to accommodate a wood-fired sauna which we enjoyed for several years. We had a septic contractor(Macomber?), install a septic system and lucked-out in being able to use the septic tank of Avilda Wilson's house as a second tank; complete with leaching bed. Davis Electric, Dennis(owned by a student of mine at the Community College), installed a 100 amp service. r 1980, the sauna had not been used for a season or two we all having outgrown the novelty of it, d our son William asked if he could move out of the residence and into The Windmill. We stalled a circular stair to reach the loft, which became the preferred sleeping room (thanks to the ew overlooking the lake).The building downstairs has a full bathroom, a dressing room-study, d a cathedral ceiling living room with a kitchen end. Will married, and the windmill became his first married residence.Then he moved on to study in, London. Because she needed a quiet, safe, transition residence; after some begging, we rented The Windmill to a nurse who also was a nun-giving-up-being-a-nun. She has since purchased a house. She was anxious about her niece and her niece's significant other, so after more persuasion, we rented to them. In July, three or four months pregnant, they married and also purchased a house. Permits. That. as best as we can recall, is the history of the two dwellings about which you made query. Any building permits that we may have, may still be in storage at our residence, but I am not hopeful about that. We threw away a great deal of memorabilia;correspondence and general residue that was.thirty to ten years old. Variances / Special Permits.We were never aware that any Variances or Special Permits were ever required for any of the work we did on those buildings or the subsequent use of the buildings. Prompted, we would have requested permits or variances, as we have for other buildings and remodeling we have done over the years. Not being contractors or builders, we depended entirely on the guidance of Commissioner Daluz who we respected as our mentor in such matters. We never began a project without Mr. Daluz'knowledge and approval, and always followed his advice. When Mr. Daluz directed us to the Board of Health or any other board, we complied, comfortable in the knowledge that he was the shepherding person. We did not have then, nor do we have now, any reason to avoid seeking or complying with codes; permissions, or variances. ` 9/1/96 11:52 AM Macintosh 0468 54 90 32 P.006 Parcels. Somewhere in this brief history, several years ago when the Town (State?) required, Down Cape Engineering sub-divided the original parcel known as 483 Phinneys Lane. While everything continues to be kept private by the fence, actually there are four parcels owned by four non-contiguous entities: 483 Phinneys Lane (the main residence, owned jointly by Mrs. Tuttle and myself): 491 Phinneys Lane(The Windmill. owned by Mrs.Tuttle, if memory serves), 499 Phinneys Lane (The house with the blue roof, the house you referred to.as "the A frame" owned by myself, if memory serves):and Lot 35 Loomis Lane, owned by a Tuttle real estate trust. Lot 35 enjoys the only access onto the private way, Loomis Lane, however Down Cape Engineering also provided that parcel with access onto Phinneys Lane. The good neighbors on Loomis Lane correctly do not want their private way opened to additional traffic. Over the years, we have almost had to sell-off one or more of the parcels in order to satisfy the creeping costs of taxes and maintenance, however have fought mightily that threat. The income from the rentals have gone a long way. Now that I have retired from Cape Cod Community College, that income takes on increased significance. Mrs. Tuttle and I will not be back on the Cape until Thanksgiving. In the interim, if you or your representative would like to inspect the dwellings, please feel free to call William or Christine(775- 2489). We are confident that you will find them most accommodating. Should you require further information from Mrs.Tuttle or myself, probably the best way to reach us is via Christine and Will, however our voice and fax numbers are on the letterhead. Respectfully: GPTuttle August 28, 1996 Mr. Ralph Crossen Building Commissioner Town of Barnstable Town Office Building (Top floor) Main Street, Hyannis (via fax, delivered by hand, kindness of Mrs. Christine Tuttle.) d SENDER: 1 also wish to receive the a. Komplete items 1 and/or 2 for additional services. w wcomplete items 3,4a,and 4b. following services(for an rd ■Print your name and address on the reverse of this form so that we can return this extra fee): ''card to.you. d � Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address 4) -permit. ■Write'Retum Receipt Re uested'on the mail piece below the article number. d d p q p 2. ❑ Restricted Delivery N t ■The Return Receipt will show to whom the.article was delivered and the date « delivered. Consult postmaster for fee. a v 3.Article Addressed to: 4a.Article Number �/f 4b.Service Type « a ?W ` o 0 ❑ Registered ❑ Certified W �7 9 9 ` �C_2_ ❑ Express Mail ❑ Insured LS ¢ — �) ❑ Retum Receipt for Merchandise ❑ COD G 7.Dat of Delivery ° Z ' ��6 z 6 7. 5ceid By a 8.Addressee's Address(Only if requested m W and fee is paid) t ¢ H 6.S n re (A drM 0 N PS Form 38 December 1ss4 � Domestic Return Receipt 4 UNITED STATES POSTAL SERVIC E®� I'llq'p sf Class rolhill ---- �V M �cP P 9t&F'NlsPaid Cl- • Print your nay �Swr , and ZIPe�ixuth I TOWN OF BAR ASTABLE t BU ILD ING DI VI S ION 367 MAIN ST HYANNI S MA 02601 r.: P 229 805 307 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to E u r,State2&KI:PP Code ��L3® Postage $ Certified Fee Special Delivery Fee aej Restricted Delivery Fee Retum Receipt Showing to Whom&Date Delivered n Retum Receipt Showing to Whom, Q Date,&Addressee's Address 0 TOTAL Postage&Fees $ a2 Sa M Postmark or Date 0 rn a Stick postage stamps to article to cover First-Class postage,certifled mail fee,and charges for any selected optional services(See front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service m window or hand it to your rural carrier-oo extra charge). . 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the a�i return address of the article,date,detach,and retain the receipt,and mail the article. SIC N 3. If you waq a return receipt,write the certified mail number and your name and address rn on a return r,,ipt card,Form 3811,and attach it to the front of the article by means of the gummed eno,-ti space perils. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. co 5. Enter fees for the services requested in the appropriate spaces on the front of this j receipt. If return receipt is requested,check the applicable blocks in item 1 of For 3811. LL 6. Save this receipt and present it if you make an inquiry. a �,^ a . . : The Town of Barnstable 9MU& �Q Department of Health Safety and Environmental Services y 0599- Fo�" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner George Tuttle 499 Phinney's Lane Barnstable,MA 02630 Dear Mr.Tuttle, A review of your property record indicates that the two houses on your property known as a the "windmill"and the"A frame"were originally sheds and are now dwellings. Please provide me with any documentation you may have that shows: t 1. When this was done 2.Building permits for the work 3.Variances or Special permits from the Zoning Board on those structures. We will need to have this information as soon as possible,so that we can address weather or not there is a problem. Sinc ly, Ralph M.Crossen Building Commissioner RMC/ks CERTIFIED MAIL p 229 805 307 g960823b LAW OFFICES OF JOHN R. ALGER, P.C. ATTORNEY AT LAW 886 MAIN STREET P. O. BOX 449 OSTERVILLE, MA 02655-0449 TELEPHONE(508)428-8594 FAX (50S) 420-3162 January 23, 1998 Mr. Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Tuttle Family Dear Ralph: The parcels I am talking about are all on Assessor's Map 230 and shown as Parcels 101-1, 101-2, 101-3 and 101-4, Originally Mr. and Mrs. Tuttle acquired a parcel of land containing 3.73 acres as shown on a plan of Avilda M. Wilson in 1964. In 1983 they purchased an additional parcel on Loomis Lane from Daniel Swartz shown as Lot 1 on a plan in Plan Book 3 80 Page 60 in the name of George P. Tuttle and Anne T. Tuttle, Trustees of the Tuttle Family Trust. They added a portion of the original holding to the Swartz piece. They next subdivided a piece of their original holding to create Lots , 2 and 3 on a plan dated February 19, 1985, approved by the Planning Board on March 4, 1985. and recorded on May 3, 1985 in Plan Book 397 Page 11. This showed Lots 1, 2 and 3 all of which complied with the then zoning and showed two dwellings and Lot 2 having a windmill. In 1986 when the zoning had been increased to.an acre, they subdivided Lot 3 on that plan to add to the Swartz parcel and created Lots 4 and 5 on a plan approved January 13, 1986 and recorded on August 5, 1988 in Plan Book 451 Page 92. This map does not reflect the subdivision of Lots t and 2. On September 20, 1988 they conveyed Lot 2 on the plan in Plan Book 397 Page 11 together with the windmill into the name of George P. Tuttle individually and they conveyed Lot 1 on that plan into the name of George P. Tuttle and Anne T. Tuttle, Trustees of the Tuttle Family Trust. At the same time they conveyed the remaining portion of Lot 5 on the plan.in Plan Book.451 Page 92 to the Tuttle Family Trust. Thus, from September 28, 1988 to the present time, going back to the Assessor's maps, Lot 101-I has been held by the Tuttle Family Trust, Lot 1.01-2 by George P. Tuttle and Anne T. Tuttle, both of which comply with the current zoning, Lot 101-3 by George P. Tuttle individually and Lot 101-4 by the Tuttle Family Trust. The Assessor's records show', and I enclose a copy, that all of these lots were subdivided out and assessed separately as of October 29, 1986. Ralph Crossen, Building Commissioner January 23, 1998 page two Since these buildings are on plans that were recorded and in accordance with existing zoning and since each lot except Lot 5 is an acre and one-half containing a structure, it seems to me that they all comply with the existing zoning. The one issue I think, is that you felt that the windmill did not obtain the proper permits to be converted to a house. However, it was shown on a plan and according to the letter Mr. Tuttle sent to you in August of 1996, somebody has been living there since 1980. What I ham asked to do, if possible, is to determine what if anything must be done to allow the use of that structure as a residence as it has been used since 1980. I am writing the enclosed merely to help clarify our discussion of Wednesday last. Very truly yours, JRA/db Enclosures cc: Robert Smith, Esq. w/encl. ka, LAW OFFICES OF JOHN R. ALGER, P.C. ATTORNEY AT LAW - 886 MAIN STREET P. O. BOX 449 OSTERVILLE, MA 02655-0449 _ TELEPHONE(508)428-8594 FAX (508) 420-3162 February 27, 1997 Mr. Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Dear Ralph: George Tuttle of Phinneys Lane has been in touch with me and has given me a letter to you of August 28, 1996. I have amassed various copies and need to sit down with you. As I see it, he has permitted houses on Lots 1, 3 and 4 of the attached plan. They were individual dwellings existing prior to the increase in zoning. In addition, since Lot 2 stand in the name of Tuttle individually and is held in ownership different from the adjoining lots, it is a separate buildable lot. It seems to me the issue is whether or not what is shown as"Windmill' on the attached plans is a legal residence or an accessory building. I am to be away until Wednesday evening, March 5, but will be in touch with you in regard y g to this thereafter. Very truly yours, JRAibt Enclosures WEquAquET A! ZOAIING GIST. RO-1 LAKE MIN. LOT SIZE • Z0,000 S.F. MIN. LOT WIDTH. IZS FT. ...... •, MIN.SET SqCKS: FReWT • 30 FT. / l ; R 6AR - 10 FT. ` LOCO fb a ` // p , 0;1 ' 3 %STnT4 1/ Off/ LOCATION MAP 0 SCALE: 1•. 2000' 00 �--�_�',�cc�...p�i^�.� 2 N FOP— 2EGIST R.Y USE oe E+ .. a0 �f N; rlse a C`,9 APPROVAL, NOT REQUIRED ? , f Q 9ARNSTABLE PLANNIIJG BOARD QP �m 3 G1,95osf•t O( 1.42 Ac-t- y DAYS: S Q� 00 e n \ 1 LKPIV w <� 39'20• dwell. po 0. `` cl • 1 l M tj U2C21 {4" o n 4 s m P s• r o dj I N 70• 2 QP . exis+in9 I �� $6. TS? oJI.32�Er 1 OIe.-76.es 3.12:::_0 0 Q / 0 / tl 23,409 S.f t f % / 0 u0i + �n ®. '7'7,600 s.f± / i�o per `�` IV 30 '12g /1 / y 0 � •14.4 T '/� a,• / / d ' Wee.If 40 .,49 /3 'D/I/ N 3 132.44. 0 0 t-� .,49@ 07 AN exis+. OZ. 0 $ •^.• • 'fit / 1 0 O Z1,553 s.f* e ell. 6q� 00 9g•�PLAN 0 OF LAND 1N /6 J (CEAITEP_VILLE) BA2NSTABLE MASS. e• PP_EPA{2E0 FOP-* GEOP—GE P. TUTTLE yway 930 so 7 SCALE:1°n 40' fee+ DULY 20,-1984 L/9N �.a�, , fnd, o Io to 90♦0 60 Ioo - I CERTIFY THAT THIS PLAN WAS MADE IM 'I ACCORDANCE W ITH REGISTRY OF DEEDS REGULATIONS EFFECTIVE JAW-1,19'i0. 'm �OWM cape engineering CIVIL ENGINEERS DATE LAND Su12VEYoRS / Q R+e.eA Y`ARMOUTH,MASS. ARWE N-'OJALA,R.L-5. # P200 101 . *****ACCOUNT DELETED***** �000483 PHINNEYS LANE CTY10 TDS 300 co, KEY 142946 ----MAILING ADDRESS------- PCA1011 PCSOO Ypoo PARENT 0 TUTTLE . GEORGE P TR MAP ApE'A42WC iv MTGOOOO TUTTLE , ANN T TR spi SP2 SP3 453 PHINNEYS Lr\f UT1 UT2 4 .26 SO FT 2652 CENTERVILLE MA 02632 AYB1888 EY81950 ORS CONST 0000 LAND 197500 IMP 190300 OTHER 7760 --!-LEGAL DESCRIPTION---- TRUE MKT 195500 REA CLASSIFIED *LAND 1 197 .500 ASD LLD 197500 ASD IMP 190300 ASD OTH 7700 #BL0G( S )-CARD-1 1 85 .600 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE 40THER FEATURE 1 7 ,700 TAX EXEMPT #SLDG( S )-CARD-2 1 104 ,700 RESIDENT 'L 494500 395500 39550''-) #HN 483 OPEN SPACE #SN PHINNEYS LN CENTERVILL COMMERCIAL #RR 1242 0460 0922 0300 INDUSTRIAL 4SR LOOMIS LANE SPLIT102986 EXEMPTIONS SALE02 /P4 DRICE 200000 ORB4023/113 AFD T G LAST ACTIVITY04/05/88 PCRY PCV F Window PCR/l at BARNSTABLE ON R230 101 .001 i. 000035 PH T NNEYS LAME CTY 1,0 TDS 300 CO KEY 355671. ------',!AILING ADDRESS------- PCA1301 PCS00 YR86 PARENT 142946 TUTTI...E , GEORGE F & Rt it l TR t.,1AF ARr A4?_.IJC Jar MTG0000 Tl!?'TL..E FAMILY TRUST SP1 SP2 SP3 483 P -IINNEYS LANE UT_1 UT2 1 .42 SO FT CENTERVILLE P-1A 02632 AYB EYB OBS CONST 0000 LAt-,ID 122700 IMF' OTHER --.--LEGAL DESCRIPTION---- TRUE MKT 122700 REA CLASSIFIED f !. AtlICi 1 122 ,700 ASD LND 122700 ASD IMP ASD OTH �'PL_ 35 LOOMIS I_N CENT DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #D1 LOT 5 TAX EXEMPT #RR 0922 RESIDENT 'L. 122700 122700 122700 OPEN SPACE COMMERCIAL INDUSTRIAi._. SPLTT102986 EXEMPTIONS SALF09/88 PRICE 1 ORB6459/01.0 AFD I LAST ACTIVITY09/29/89 PCRN RCv F Window PCR/1 at. BARNSTABLE ( 28 ) 1: R230 101 .002 Inr0483 PHINNEYS LANE CTY10 TDS 300 CO KEY 355680 -----MAILING ADDRESS------- PCA101.1 PCS00 YR86 PARENT 142946 To._!TT!....E , GEORGE P TR MAP AREA42WC .JV MTG2n12 TUTTI_..E . ANN T TR SF1 SP2 SP3 4<:'3 PHINNEYS LN UTI UT2 1 .79 SO FT 5638 CENTERVILLE MA 02632 AYB1888 'EY81975 OBS CONST 0000 LAND 147500 IMP 400800 OTHER 71000 -------LEGAL DESCRIPTION---- TRUE t•1KT 619300 REA C1- S I F I E D #•...Aral) 1 1.47 , 500 ASD LND 147500 ASD IMP 400800 ASD OTH 71.00Cj #BLDG S )-CARD-1 1 400 ,800 DESCRIPTION TA.X YR CURRENT EXEMPT TAXABLE FEATUF;E I 71 ,000 TAX EXEMPT "PI- 483 PHINNEYS L.N CENT RESIDENT 'L 619300 619300 61 935r,n tsiL_. L._OT 4 OPEN SPACE 4R^ 1242 COMMERCIAL INDt_! TRTA1— t SPI_I T 102986- E;'`Ei,JPT I ONS AI__E02/84 Pp 200000 ORB40.^3/113 AFD I G: i_AST ACT I`•,)TTY09/29/8-9 PCRN '� V F W ndol� j PCR/1 a. .- B;",RNSTABL F_ 28 ) 1r P230 101 .003 L_.000491 PHINNEYS LANE C:TY1.0 TDS 300 CO KEY 355699 .-----MAILING ADDRESS------- PCA1011 PCSOO YR86 PARENT 142946 TUTTL_E , GEORGE P MAP AREA42AC v MTGO000 483 PHINNEYS LN SP1 SP2 SP3 U1"1 UT2 54 SO FT 1.1.52 CENTERVIL_LE MA 02632 AYB1900 EYB1980. ORS CONST 0000 LAND 38200 IMP 49800 OTHER .-----UECAL DESCRIPTION---- TRUE MKT 88000 RE.A CLASSIFIED 1 38 .200 ASD L..ND 38200 ASD IMP 49800 ASD OTH 4BL..DG( S )-CARD-1 1 49 .800 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL. 491 PHINNEYS LN CENT TAX EXEMPT #DL LOT 2 RESIDENT 'L. 88000 88000. 88000 *ENG P!.... 6-2 P-99 OPEN SPACE #RR 1.242 COMMERCIAL INDUSTRIAL SPLIT102986 EXEMPTIONS SAL_E09/88 PRICE 10 ORB6449/267 AFD I A LAST ACTIVITY08/1S/96 PCRN RCV F Window PCR/1 at BARNSTABL.E ( 28 ) 1c. R230 101 .004 L...000409 PHINNEYS LANE CTY10 TDS 300 CO KEY 35=5706 - MAIL..ING ADDRESS------- PCA1011 PCSOO YR86 PARENT 0 TUTTLE . GEORGE P & ANNE T MAP AREA42AC JV MT00000 TRS TUTTLE FAMILY TRUST SP1 SP2 SP3 483 PHINNEYS LN UT1 UT2 .49 SR FT 2128 CE.NTERVILLE MA 02632 AY81975 EYB1980 OBS CONST 0000 LAND 37100 IMP 121300 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 158400 REA CLASSIFIED #'..AND 1 37 .100 ASD LND 371.00 ASD IMP 121300 ASD OTH #BL_DG( S )-CARD-1 1 121000 DESCRIPTION TAX YR CURRENT EXEMPT TAXABKF #PL_ 499 PHINNEYS LN CENT TAX EXEMPT #DL LOT 1 RESIDE NT 'L 1.58400 1.58400 1S8L:f_0 ENG PL. 6-2 P-99 OPEN SPACE 4RR 1242 COMMERCIAL INDUSTRIAL... SPLIT102986 EXEMPTIONS SA F09/88 PRICE 10 OR^64::9/263 AFC) I A l....AST ACTIVITY08/15/96 PCQ1 �4J F Window PCR/1 at BARNSTABLE ( 28 ) l 1 ' HUNZIKER, MGOERM.OTT, KIRK & RUSSELL COUNSELLORS AT LAW 182 PALMER AVENUE P.O.BOX 547 FALMOUTH. MASS. 02541 HERBERT E. HUNZIKER (1930.1987) (508) 548-4900 548.4901 BRIAN E. MCDERMOTT EDWARD W. KIRK JOE W. RUSSELL,JR.• April 24 , 1992 'ALSO ADM.IN DC Town Clerk Barnstable Town Hall Hyannis, MA 02601 RE: Notice of Zoning Appeal of Edward W. Kirk, Executor , from Board of Appeals Decision 1992-10 Dear Sir: Notice is hereby given that Edward W. Kirk has appealed the above-referenced decisipn of the Board of Appeals by filing this day, April 24 , 1992, the attached Complaint with the Superior Court of Barnstable . Very truly yours , *rW�. EWK/kadr Enclosures i I 717 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss . SUPERIOR COURT NO. EDWARD W. KIRK, Trustee ) Plaintiff ) vs. ) COMPLAINT (G.L. c. 40A 517 ) LUKE LALLY, GENE BURMAN, ) GAIL NIGHTINGALE, ELIZABETH ) NILSSON and DEXTER BLISS, as ) they are members of the ) BOARD OF APPEALS of the ) TOWN OF- BARNSTABLE ) : • ) AND ) JOSEP.H DALUZ, as BUILDING ) IN: fFECTOR of the TOWN OF ) BARNSTABLE ) Defendants ) 1 . Plaintiff Edward W. Kirk is owner of property at 455 Phinney ' s Lane, Centerville, Massachusetts, and is a person aggrieved by the decision of the Board of Appeals as hereinafter set forth. 2. The Defendants Luke Lally , Gene Burman, Gail Nightingale, Elizabeth Nilsson and Dexter Bliss are the duly appointed members of the Zoning Board- of Appeals with respect to these proceedings whose business offices are",located at Barnstable Town Hall , Hyannis , Massachusetts. 3. Joseph..7Daluz.. is the Building,1 nspector of the Town of Barnstable with� an office at Barnstable Town Hall , Hyannis , Massachusetts. 4. George P. Tuttle (Tuttle ) is the owner of a 1 .79 acre parcel of land at 483 Phinney ' s Lane, Centerville , Massachusetts, r 4 G` which immediately abutts the Plaintiff ' s land at 455 Phinney ' s Lane, Centerville, Massachusetts. 5. Both the Plaintiff ' s land and the Tuttle property are located in a zoning district designated RD71 Residential . 6 . On or about March 12 , 1990 , Tuttle submitted an application to the office of the Defendant Building Inspector for a permit to construct a 3, 200 sq. ft. "garage" at 483 Phinney ' s Lane in close proximity to the Plaintiff ' s property.. 7 . On or about March 12, 1990 , Tuttle submitted an application for a sewage works construction permit to construct a 1,000 gallon sewage disposal system to. service the garage and a shower to be located therein.. i 8. On or about March 13 , 1990 , the building permit and I disposal works construction permit were issued. 9. On or about December of 1991 , 22 months after the issuance of the permit, Tuttle began to erect a .framework for a structure at 483 Phinney ' s Lane , Centerville, Massachusetts. 10 . At the time Tuttle began his construction, his permit, which was valid for a period of six ( 6 ) months , had expired. 11 . On December 11, 1991, the Plaintiff made demand upon the Defendant Daluz for an order that the structure be removed. (See copy attached hereto as Exhibit "A" . ) 12. On December., 26, 1991, the Defendant Dal= responded to the Plaintiff 's demand and declined to issue an enforcement order as requested. (See copy attached hereto as Exhibit "B" . ) 13. On or about January 21, 1992 , the Plaintiff filed with the Board of Appeals , an appeal from the decision of the Building Inspector. (See \copy attached hereto as Exhibit "C" . ) L 1 14 . In the meantime, Tuttle continued to proceed to complete the construction of the building . 15 . A hearing on the Plaintiff ' s appeal to the Board of Appeals was held on 'February 20 , 1992 and taken under advisement . The Board consisted of the five board members named as Defendants. 16 . On March 12 , 1992 , because they would be unable to attend the Board ' s meeting of March 26 , 1992, the Defendants Lally and Burman voted to uphold the decision of the Defendant Daluz. (Copies of the minutes of the meeting reflecting that - vote of March 12, 1992 are attached hereto as Exhibit "D" . ) The entire five ( 5) member panel which heard Plaintiff ' s appeal was not present. 17 . On March 26 , 1992, the Defendants Nightingale, Nilsson and Bliss voted to overturn the decision of the Building Inspector and allow the Plaintiff ' s appeal . The Defendants Lally and Burman were not present. (Copies of the minutes of the meeting reflecting the vote of March 12 , 1992 are attached hereto as Exhibit "E" . ) 18. On April 8, 1992, the board of Appeals filed with the office of the Town Clerk its decision in the case. (A certified copy of the decision is attached hereto as Exhibit "F" . ) 19. Although the Board ::voted 3 to 2 to overturn the decision . of the Defendant Daluz, Plaintiff 's appeal was denied because four votes of a five (5 ) member board are required to overturn a decision of the Building Inspector . I O 20 . The decision of the Board to -uphold the decision of the Building Inspector, insofar as it was mandated by the votes of the Defendants Lally and Burman was procedurally improper, illegal and incorrect. 21. The Barnstable Zoning By Law states that: "accessory use or accessory buildings are permitted provided any such use or building is customarily incidental to, subordinate to and on the same lot as the principal use it serves". 22. The structure contains 3,200 sq. ft. of first floor area and an additional 1,600 sq. ft. of second floor area. 23. The elevations and plans showing the building are contained in Exhibit "C" referred to in Paragraph 12 of this complaint. 24. The uses to which the structure will be put are described in Exhibit" "C" referred to in Paragraph 12 of this complaint. 25 . Neither the structure nor the proposed uses are "customarily incidental to" or "subordinate to" a residential use, within the neighborhood, the community or the town. 26. The procedure by which the Board reached its result was. improper in that the Defendants Lally and Burman did not i participate in the deliberations of the entire Board, which heard' the appeal, but discussed the matter between themselves on March` 12, 1992 in the absence of the other 3 members of the Board who heard its appeal and left a record of their vote for the meeting of March 26, 1992. I 1 a ' 27 . The Defendants Lally and Burman failed to apply the proper legal standard and based their decision on matters which were not relevant to the issue of whether this was a lawful accessory structure/use. 28. Tuttle did not have a valid building permit at the -time construction began inasmuch as the permit which was issued on or about March 13, 1990 expired after six (6) months (September 1990 ) . 29. For all of the foregoing reasons, the decision of the Board insofar as it was the result of the deliberation and vote of the Defendants Lally and Burman was in excess of the authority of the Board. WHEREFORE, it is requested that: A. the decision of the Board as filed be annulled, B. the Court enter judgment that the structure is unlawful, C. the Court enter judgment ordering the removal of the structure. .Respectfully submitted, EDWARD W. KIRK, Trustee Ed-ward-W. Kirk, ` BBb` #273720 Hunziker, McDermott, Kirk & Russell 182 Palmer Avenue P.O. Box 547 Falmouth, MA 02541 (508) 548-4900 Y� Town of Barnstable _ Zoning Board of Appeals Appeal Decision and Notice Application: #1992-10 Applicant: Edward W. Kirk Summary of Relief Sought: At a regularly scheduled hearing of the Zoning Board of Appeals, held on February 20, 1992, and continued to March 26, 1992, notice of which was duly published in the Barnstable Patriot, and notice of which was forwarded to all interested parties pursuant to Massachusetts General Laws Chapter 40A , the applicant, Edward W. Kirk, executor of the estate of Paul G. Kirk, has appealed a decision of the Building Inspector pursuant to MGL CH. 40A, Sections 8 & 15 and requested an enforcement action to remove a newly constructed two-story garage at Assessors Map 230, Lot 101- 2, more commonly addressed as 483 Phinney's Lane, Centerville, MA. the lot is located in the RD-1 Zoning District. The applicant is an abutter to the site under appeal. The following Board members heard this petition: Gail Nightingale, Elizabeth Nilsson, Luke Lally, Gene Burman and Chairman Bliss. Summary of Evidence: The petitioner, Attorney Edward Kirk, presented his petition to the Board and submitted a Plan of Land showing the Tuttle property abutting his property. The plan shows the subdivision of the Tuttle property into four (4) lots. Mr Kirk explained that the structure shown with red hashing is the particular structure which is the subject of the appeal. He also submitted an Assessor's Field Card indicating the gross floor area of the primary residence, and a copy of Building Permit Application showing the date of grant. He also submitted an elevations plan of the structure, which was supplied to him by Mr. Tuttle, an overview of the interior of the building, and list of activities that will take place within the structure. In addition, Attorney Kirk submitted 12 photographs showing the structure. Attorney Kirk discussed the permitted accessory uses in a RD-1 residential district which includes renting of rooms and stabling of horses. In order for the subject building or uses to be lawful, they would have to be permitted under Section 4 of the Zoning Ordinance (Supplemental Provisions) dealing with accessory uses. The question is whether this building and its activities comply with the requirements of Section 4 of the Zoning Ordinance. Mr. Kirk explained that accessory uses and buildings are allowed provided that such uses or buildings are customarily incidental to and subordinate to the principle use which they serves. Attorney Kirk stated that the structure is 80' x 401 (3200 square feet) and, with its elevations, appears as a commercial-type warehouse. He further stated that it is the only building of this type constructed in this town/neighborhood, it is not customarily found in a residential neighborhood, nor is it incidental to the residential structure. It is the most dominant building on the lot and on Phinney's Lane between Route 28 to Route 132. Attorney Kirk argued that as far as the use of the structure is concerned, it is not in any way incidental to or subordinate to a residential use. He stated that the kind of uses Mr. Tuttle indicated in his list, which will take place in this building, are found in a storage yard and are not allowed in a residential district. It is not incidental to or serving the residential use of the premises. Attorney Kirk cited three law cases and court disposition. In case of Brown vs Huntington et al. , a New York Case, (496 NY Second at 487) which dealt with a boathouse) , the Court said the record, establishes that Mr. Brown seeks to build an unusually large structure of 1080 square feet(SF) in which to service and store his boat, and denied Mr. Brown the right to build a 1080 SF structure, in which to put his boat, because it was not accessory. The other two cases are Harvard vs Maxant and Pratt vs Building Inspector of Gloucester. The Board discussed the nature of the appeal and determined that the focus of the appeal is on the Building Commissioner's interpretation of the Zoning Ordinance, specifically Section 4-1.1 of the Zoning Ordinance dealing with accessory building/use. The Building Commissioner, Mr. Dal�uz, was present and addressed the Board regarding the petition. Mr. DaLuz stated that there is nothing in the Zoning Ordinance which regulates the size of an accessory building. He stated that the building will be used as a "garage" and can be used for anything including boats, horses, autos, etc. Mr. Daluz stated that he could not find anything in the Zoning Ordinance that would define, what one could not put in an accessory building. I The Board questioned Mr. DaLuz regarding the height of the building being as one-story building due to its two rows of windows. Mr. Daluz stated that it is a one-story building with a mezzanine. The Board questioned Mr. Daluz whether the construction of the building was within the parameters of the Building Permit. Mr. Daluz responded that the plan filed is consistent with what is now on site. Mr. Tuttle, the owner of the property was present and addressed the Board. He stated that he needed a garage and requested a Building Permit from the Building Inspector. He stated that it is an accessory use. It will be used to garage motor vehicles and for restoring of a couple of primitive vehicles. It will also be used for boats storage and he would like to build a boat and put everything under cover. The Board asked Mr. Tuttle if the structure will contain boats belonging to other people. Mr. Tuttle responded that the Cape Cod College has a Rowing Club and they row on Wequaquet Lake. He allowed the club to use the beach on his property in order to launch their boats, and had allowed them to store the boats in the barn. Chairman Bliss asked for people who would like to speak in support of the Building Commissioner's position in this case. Carl Tuttle stated that he supports the decision of Mr. Daluz. He discussed subordinate and customarily incidental use to the main residence. He stated .that the fact is that they live on a lake and, it is customary to house boats under cover during the off season. Garage is an incidental to the residential use, for cars. Robert Tivey stated that he would like to be on record as supporting the Building Commissioner's decision. Ken Woods, David Cole and Loretta St. Angelo spoke in favor of the Building Commissioners' decision. Chairman Bliss called for anyone in support of Attorney Kirk and opposed to the position of the Building Commissioner, Mr. Daluz. t, r Liz Clarke of Osterville commented that both the building and use are issues here and it is a matter of scale and aesthetics, etc. Mr. McKay discussed his concern with the scale of the building and- approval of the Building Commissioner. The Board, at a meeting of February 20, 1992, decided to take the matter under advisement, in order to view the property and other similar sized structures in the town. Finding of Facts: At regularly scheduled meetings of the Zoning Board of appeals held on March 12 and March 26, 1992, the Board made the following finding of facts: 1. That the accessory structure of 3200 square feet is not customarily found in residential neighborhoods, in particularly do not find any structures in the general area, that are of similar in size to this building. 2. That the building itself is not subordinate to the primary residential structure on the 1.79 acre parcel. 3. That it is not incidental to the primary use, but it has now become the primary building in the neighborhood, as far as size is concerned. 4. That the structure itself is detrimental to the neighborhood. In particular, that the structure is detrimental to the neighboring property, that of the petitioner. When one stands on the front yard of the petitioner's property facing the street, looking to the left, all one has to view is the so-called accessory building which virtually bounds the entire property from the street to the house. 5. That the Building Commissioner erred in his interpretation of Section 4-1. 1. AYES: NIGHTINGALE, NILSSON, BLISS ?(Voted on March 26) NAYS: LALLY, BURMAN (Voted on March 12) Decision: Based on the finding, at a regularly scheduled meeting of the Board held on March 26, 1992, a motion was duly made, and seconded, to support the petitioner's position on the interpretation of Section 4-1.1 of the Zoning Ordinance, and ask that the Building Commissioner's interpretation of Section 4-1. 1 be overturned. AYES: NIGHTINGALE, NILSSON, BLISS (Voted on March 26) . NAYS: LALLY, BURMAN (Voted on March 12) The petition did not get four (4) affirmative vote to overturn the decision of the Building Commissioner pursuant to MGL Ch. 40A, Section 15, therefor, the Building Commissioner decision is upheld. THE BOARD UPHELD THE DECISION OF THE BUILDING COMMISSIONER TO ISSUE THE BUILDING PERMIT FOR THE CONSTRUCTION OF THE GARAGE. L o 4' M The Town of Barnstable '""'r""` ' Inspection Department �a war''• 367sMain Street, Hyannis, MA 02601 508-790-6227 Joseph D.DaLuz Building Commissioner December 26, 1991 Edward W. Kirk, Esquire Hunziker, McDermott, Kirk & Russell Counsellors at Law ' P. 0. Box 547 Falmouth, MA 02541 RE: A=230-101.002 483 Phinney's Lane, Centerville Dear Attorney Kirk: I have reviewed your letter dated December 11, 1991 and am aware of your concerns. Your opinion that a shower and an independent septic system are not consistent with a garage is understandable. However, if you have plans to build a boat, exercise and/or swimming pool for your own personal use in the garage there is no provision in the Zoning Ordinance to prohibit same. Basically, I believe your concern and the concern of others who have voiced their opinion is that the garage is too large and dominant a structure for a residential area. The "garage" was discussed on Tuesday, December Dth with Town Attorneys Smith and Weil, Assistant Town Manager Churchill and Council President Horner. The conclusion is that there is nothing in our Zoning Ordinance to make this accessory structure illegal. Therefore an order to remove said structure cannot be issued. Peace, �... ' J�s h D. DaLuz VVV JBuilding Commissioner + JDD/gr cc: Town Manager HUNZIKER, MCDERMOTT, KIRK St RUSSELL COUNSELLORS AT LAW I82 PALMER AVENUE P.O.BOX 547 FALMOUTH,MASS.02541 HERBERT E. HUNZIKER (1930-1987) (508) 548-4900 548-4901 BRIAN E. McDERMOTT EDWARD W. KIRK JOE W. RUSSELL,JR.• •ALSO ADM.IN DC December 11, 1991 Building Inspector Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Request For Enforcement Order on Permit No. 33561 G.P. Tuttle 483 Phinney ' s Lane Centerville, MA Dear Mr. Daluz: I am the executor of the estate of Paul G. Kirk, the owner of property located at 455 Phinney 's Lane in Centerville, immediate abutter of the Tuttle property at 483 Phinney' s Lane, Centerville. Mr. Tuttle has recently. begun construction of a large building a very short distance from our property line. The building is in violation of zoning and demand is hereby made that you order its removal . On or about March 12 , 1990 , Mr. Tuttle submitted an application for a permit to "build a garage" containing "one" room. The permit indicates that the garage is to be accessory to the single family dwelling. The "garage" is 80 ' long, 40 ' deep and 20 ' in height. No additional plans accompanied the application. A building permit was issued by your office on or about March 13, 1990 , apparently on the strength of Mr. Tuttle 's representation to you that he had discussed the construction of this building with his neighbors. He never had any discussion with me or any member of my family. At about the same time that Mr. Tuttle filed his application for a building permit, he also made application to the Health Department for a disposal works construction permit in which he sought approval to install a 1000 gallon septic tank, represent- ing that he intended to place a "shower" in the "garage" . He represented that the "garage" would be used for tractors, cars, and lawnmowers . A shower and an independent septic system are not consistent with a garage. HUNZIKER, MCDERMOTT, KIRK AND RUSSELL Building Inspector December 11, 1991 Page 2 He did not commence construction within 6 months and the building permit expired and was not renewed or extended. Within the recent past and without a valid permit, Mr. Tuttle has erected the frame of this structure, a massive building of 3200 square feet, two stories in height, which is completely out of proportion for the stated use as a garage to store vehicles and lawnmowers . The structure is neither "customarily incidental to" nor "subordinate to" residential use but rather the dominant structure on the lot and entirely out of character with any aspect of residential use. The only buildings in the area comparable in size are found on warehouse property, contractor 's yards or the landfill . 1. Request is hereby made, pursuant to §J-1.4 of the By-Laws, that the owner be required to submit plans, documents and sworn statements to verify the intended use of the premises, including the interior of all floors and levels of the structure. 2. Request is hereby made that the building inspector issue an order that the structure be removed forthwith. Very truly yours , ward W. 'rk EWK/kadr a F E R M 2 ?'PMli J ACTIONt-.0 CARD('000 KEY 3 5 5 6-s, PERMIT--NO MO YR TYPE VALUE C .-BY 110 YR -,CtIP NEWIDE110 COMMENT U 3"*1 1-04J C 6] fND] s)oo Ii ful co .] f.ssj flooj rNEIJ j f-CE [B.':3 3 5 6 1.7 103] f'90 T FAD) j E K.] [01] [9 E000] ENEO [CE GARAGE I f If c J, j f If If 1 ? ff i f f, .7 f J f If I I J If if If i J LF i Li" J f7 f 7 f J f I f 7 f J f I f I f I I r I f iLi- c _7 f If If I I I I I i 1. J -1 1 f If f ..71 1 77 I f If i f, If If J f f i I I i I L" I f I f I I " I I r I I I I E I r i f I f 7I I f L I i J, I J I i f I f If If if J I J f f I f i f I f i I If J I j 1 .1 1 1 E 7 1 If If If I E;.:., i f J f If i I 7f i f i f I f I J f I f .1 1 0j- Imo' It Ot 6#01�7�, Tit J �-� 1 - li 'f; ` D f.G61. 0a � Mr. Joseph DaLuz Building Inspector Barnstable Town Hall - - - Hyannis, Ma 02601 - Re : Tuttle property Phinney's Lane Dear Joe : _ I am concerned about what would appear to be a warehouse type building on a residential lot, a permit for which was- issued by your office as a "garage accessory to a dwelling" , I request clarification from 'you as to how a structure, steel framed, 40' X 80' and of 2 story height, could conform to the special permit requirement to be in keeping with the residential character of the neighborhood,. It would seem that a single family dwelling' s garage might end up maximum 2-3 car width!= plus-a-woodpile-,few-feet with height to, be proportional. _ Having spent some 40 years concerned with zoning, and.. active in its developement eatly on, I know how easily precedent is set by permitting structures noone -could have imagined:. If I am correct that •this building is indeed designed for a 'use other than a family garage,- and is '-surely not in character with - a residential area; it ,woulc seem that construction should be stopped until the matter is-resolved .. Sincerely, Elisabeth Eaton Clark cc Robert Schernig,' Warren Rutherford - December 16, . 1991 Box 155 Osterville, Ma 02655 The Town of Barnstable '""'T""' ' Inspection Department 00, i6jp, ,p 367 Main Street, Hyannis, MA 02601 508 790-6227 Joseph D.DaLuz Building Commissioner December 26, 1991 Ms. Elisabeth Eaton Clark P. 0. Box 155 Osterville, MA 02655 RE: A=230-101.002 483 Phinney's Lane, Centerville Dear Ms. Clark: Enclosed please find a copy -of my letter to. Attorney Kirk re the Tuttle property lcoated at 483 Phinney's Lane, Centerville. If I may be of any further assistance please contact the office. Peaces-7 o Jep; h D DaLu uih' lding Commissioner JDD/gr cc: Town Manager enc. .41.. T Bay One (Garage) Volvo 740 GLE sedan (Mrs.Tuttle's car) Mercedes Benz 300SD, 1984 (my car) Dodge Caravan (our son's car) Citroen Deux Cheavau four-door sedan, 1964 (restored, now antique) Citroen Camionette, three-door, 1966 (restored, now antique) Bay Two (Garage-shop) Wood-working and metal-working shop (Removed from the basement of 499 where we have been concerned about disturbing our tennants and also about the outside chance of fire). Wood-working bench (2), electric-work bench (2) Table saws (2), band saw, grinders, etc. Oxy-acetylene cutting torch Generator-driven arc welder VW Champagne convertible (restoring) Toyota pick-up (my daily transport,wood body in state of creation) Bays Three and Four (Garage) Space to build and store a large sailboat British Double-Decker "Lodeka" provincial route-bus (restoring) Motor home 35'+.When I retire from CCCC, we plan to purchase one. Children's steam carousel (Probably built about 1890, made in England, used for fairs and carnivals, awaiting restoration. We are led to believe it could be quite valuable.) Case back-hoe with front-end loader Int'I Harvestor Lo-Boy tractor and attachments (plow, disc harrow,York rake, drag screen) Bucking saw (cuts stove lengths) Log splitter Mott Hammer Knife Flail Mower Gravely tractor and attachments "Dr." Field and Brush mower Troy-built Tiller (garden cultivator) and attachments Vespa motor scooteer Jeep Rennegade, 1984 Lime spreader 5' Highlander boat trailer Tuttle made utility trailer Long-Haul equipment trailer, 17'x8' Swampscott dories x 2 Sunfish Canoe D.M.Tuttle One-lung Marine Engine, Model#211, circa 1898, Canastota, NY (Around which we want to build a turn-of-the-century Adirondack-type lake boat.) Antique platform scales Antique washing machine (restoring) Antique ice cream maker (Professional equipment like that Ben &Jerry started out with,that we are restoring for the grandchildren.) Children's yard toys (of which there are many) Bagged lime and bagged fertilizer on pallets Climbing wall on Phinney's Lane end-wall for two climbing sons to practice on (belay rigged). � i Overhead Storage CCCC Rowing Club shells and their sweeps One eight-man shell,two four-man shells, one two-man shell Chuck Tuttle's single skull Sails, rudders, dagger boards and assorted lake toys. Window-boxes for 483, 481, 499 (42 of them, 6' and 4' in length) Lumber. Lots of it. Saved carefully for years,from which to make furniture. Computers, retired , awaiting assignment(?CCCC) Quantities of furniture currently stored in our basement in order to free that space for living areas. Wood-fired kitchen range (awaiting our restoration) Wood-and-coal-fired ship's range (awaiting a ship) Barbacue equipment, SS chef's table Porch furniture (of which there is a quantity, now cluttering our basement) Shower&toilet to save wear on the residence. � :. . . . ;: t- Q . w . � , _. � ,, ,,, .. . , <: - .. � M . . . r - �� D I _ - �[ � .. t� r � � _ _ A '� ... .. ... -- - _ --- --- .?.1 __ -- _ .�'a �. �� I .. I .. � . - - N t�o��{ �t�YATtoc�l . � � �, . . rm 250 CAPE H1O14WAY(RTE.44) • b.dge E. TAUNTON. MA 0271E ; TEL:(6Q8)823-7777 FAX:(SOS)880-0500 . SHEET QF NO. MADE By--DATE. CK'D.BY DATE �. ao( �,� - -- -- ul r SUBJECT JOB NO. SPACE I - T•�/E A9�,Nigv(*,4� 646 DATE bldgs rI7.9SS e 1g5Zy��i� SHEET. . OF you sE z:k `{ F►AX ? — 353� W _ j 4 H Ihg.�CrtsNc� 4�� Av V w 1 t c - Q � _ H{Alw e - ,+ 5/•' �` .� %off 7� - a P,e../ s cio.✓ c E 8 ,E- 2 ' .I 1-IUNZIKER, McDERMOTT, KIRK & RUSSELL COUNSELLORS AT LAW 182 PALMER AVENUEP.0.BOX 547 FALMOUTH,MASS.02541 HERBERT E. HUNZIKER (1930-1987) _ (508) 548-4900 BRIAN E. MCDERMOTT - - i. EDWARD W. KIRK JOE W. RUSSELL,JR.' 'ALSO ADM.IN DC January 22, 1992 Joseph D. DaLuz Building Commissioner TOWN OF BARNSTABLE Town Hall 367 Main Street Hyannis, MA 02601 NOTICE OF APPEAL G.L. c. 40A §8, 15 RE: George P. Tuttle 483 Phinney ' s Lane Centerville, MA Dear Mr . DaLuz: Enclosed please find a copy of the Notice of Appeal , which has been filed with the Town Clerk on January 22, 1992, in connection with the above-referenced matter . Very truly yours , Owrd W. EWK/kadr Enclosures A TRUE COPY AT-1 W Town Gleam BARNS,Ttr,j En r _ 'HUNZIKER, MCDERMoT'T, KIRK a RUiSSELL COUNSELLORS AT LAW i} •• 182-PALMER AVENUE ` P.O.BOX 547 �PALMOUY H,MASS.V02541 - i HERBERT E. HUNZIKER (1930-1987) * (508) 548-4900 BRIAN E. MCDERMOTT - «" ."' -548-4901 EDWARD W. KIRK January .21, 1-992 JOE W. RUSSELL,JR.• *ALSO ADM.IN DC Town Clerk TOWN OF BARNSTABLE Town Hall . 367 Main Street , Hyannis, MA 02601 NOTICE OF APPEAL . G.L. c. 40A §8,15 RE: George P `'Tuttle 483 Phinney' s Lane . > . Centerville, MA, Dear Sir: ) As Trustee of the . estate of Paul G. Kirk and owner of property at 455 Phinney ' s Lane, which is located immediately adjacent to the Tuttle property at 483 Phinney' s -Lane, I here-by. fi give notice of an appeal from the decision of the Building Inspector dated December 26 , 1991 •in which the Building Inspector failed to enforce the zoning -by-law, having been 'requested to do so in a letter dated December 11 , 1991 . 'Copies of that letter, " .I'. and the Building Inspector ' s response are attached ,hereto as Exhibit "A" and "B" . Attached hereto are elevation and plans' which show the building and its. interior (Exhibit "C" ) and' a, list indicating the uses and purposes to which the building will be put (Exhibit, I'D" ) . i . Neither the building nor, its proposed uses are permitted 'in this residential district and the. Building Inspector is incorrect - in his determination that •this structure; is an accessory structure. It is requested that the-'Board+, after reviewing the facts M and viewing the structure fo'verturn the. decision of ,the Building. ' Inspector and order its 'immediate removal . V y truly o s , a N - w - ward W. K �. r EWK/kadr .h ;i Enclosures cc: Joseph D.. DaLuz. Board of' Appeals ' Building Commiss `oner -Town of Barnstable s Town of Barnstable 367 Main 'Street R, . 367 Main Street, • . Hyannis, MA 02601 a Hyannis, MA 026Q1 ro HUN7IKER. MCDURMOTT. KIRK B RUSSI.LL COLINSEt t OI1S'•Al LAW •If1•'/'AI MI.R AVI.NUI 0 BOX I At MOUTH,MASS HERBERT C H N IK U 7 ER t19 30-19 8 71 > BRIAN E. MC DERMOTT - Iti t�Hl -`n 6-n gpp EDWARD W. KIRK 548 .1�401 JOE W RUSSELL.JR. •At.so A°" IN°` -December 11 , 1991, - Building Inspector Town of Barnstable 367 Main Street Hyannis , MA 02601 Request For Enforcement Order on Permit No. 33561 - G.P. Tuttle 483 Phinney ' s Lane Centerville, MA Dear Mr, Daluz: I '. I am the executor of the estate of Paul G. Kirk, the owner of property located at 455 Phinney ' s Lane in Centerville, immediate abutter of the Tuttle property at 483 Phinney ' s Lane , Centerville. Mr, Tuttle has recently begun 'construction of a larger building a very short distance from our property' line. The building is in violation of zoning and demand is hereby made 'that You order its removal . On or about March 12 , 1990 , Mr . Tuttle submitted an application for a permit to "build a garage" containing "one " ! room, The permit indicates that the garage is to be accessory to the single family dwelling. The "garage" is 80 ' long, 40 ' deep and 20 ' in height .. No additional plans accompanied the application, i A building permit was issued b March 13, 1990apparentlyby ' your office on or. about on the strength of Mr . Tuttle ' s representation to you that he had discussed the construction of this building with his neighbors. He never had any discussion with me or any member of my family . At about the same time that Mr . Tuttle -filed his application f or ,a, building permit, he also made application to the Health Department for a disposal works construction permit in which he ' sought approval to install -a' 1'000 gallon septic tank, represent— ing that he intended to place a , shower" in the "garage " . He represented that the" "garage" would be used for tractors, cars, and lawnmowers. A shower and an independent septic system 'are ` not consisterit with `a garage . HUNZIKER,' MCDERMOTT. KIRK A, C) RUSSELL Building Inspector December 11 , 1991 ` Page 2 He did not commence. construction within 6 months and the building permit expired and was not renewed or extended , Within the recent Tuttle has erected the framest aoff thisnd ostructuut a re, permit; building of 3200 square feet, two stories inheightaswhich is } completely out of proportion for` the stated use as a k store vehicles and lawnmowers', .' garage • to The structure is neither "customarily incidental "subordinate to" residential use but rather the dominant- structure to" nor on the lot and entirely out of character with any aspect of residential use. The only buildings in the area 1 comparable in size are found .on warehouse property, contractor s yards or the landfill . 1 . Request is hereby, made, _ By-Laws, that the owner be' requiredrtoasubm0t§flans of the and sworn statements to verify the intended use of the including the interior of all floors and levels .of the premises , h 1. e structure. ` - 2. Request is hereby made that the bui`ldin ins an order that the structure be `:removed forthwithg Pector issue -Very truly yours , i EWK/kadr Edward W. Kirk I i i ,A, 9 The Town of Barnstable Inspection Department °''�a�►."�'�� 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. Da.ur 5 Building Conuni.csioner December 126, . 1991 Edward W. Kirk, Esquire Hunziker, McDermott, Kirk & Russell Counsellors at Law P. 0. Box 547 Falmouth, MA 02541 1' RE: A=230-101.002 483 Phinney's Lane, Centerville Dear Attorney'Kirk: ' I have reviewed your letter dated December 11, 1991 and am aware of your concerns. Your opinion that a shower and an independent septic system are, not consistent with a garage is understandable. However, if you have plans to build a boat,' exercise and/or swimming pool for your own personal °use in the garage there is no provision in the Zoning Ordinance to prohibit same. Basically, I believe your concern and the concern of others -who- have voiced their opinion p on is that the garage is too large and domin ant a struc ture ure for a residential area. The "garage" was discussed on Tuesday, December 17th with Town Attorneys.,-, } Smith and Weil, Assistant Town Manager Churchill•and Council President j Horner. The conclusion is that there is nothing in our Zoning Ordinance to make this accessory structure illegal. , Therefore an order to remove said `s`tructure cannot be issued. Peace Jf�se h D. DaLuz Building Commissioner ' JDD/gr >. cc: Town Manager W c , , TrFrr , CD a m r---i Q - 4. 1 I > w r. Down CAPE HIGHWAY �d9s 2 250 TA (RTc.44) S.` TEL:(Bog)823_7777�PAX;( )NO OSOoT SHEET _..OF NO. MADE By---DATE_�__� CK'D.BY DATE—� • r _ ; - • Y t Y i T E L VA I I DN _ ' b - I ' ° .N•. R. mow. .. • '4 ,.fir, � • 4 .� IF— SUBJECT rgPAC. JOB NO. �.A ,P�1�t1n�`�S DATE f- bidgs doss v(u�E — 10 SHEET OF you Mc:ev:*-) �r 7,tS•- SS3G 'X7," 41 - q v ti QgdN- AIZgC�; '..3 Q _ H r i \ 2O Zo" ' F14VAr jv k S c�io✓ co .�- z TPA t Bay One (Garage) Volvo 740 GLE sedan (Mrs.Tuttle's car) Mercedes Benz 300SD, 1984 (my car) Dodge Caravan (our son's car) Citroen Deux Cheavau four-door sedan, 1964 (restored, now antique) Citroen Camlonette, three-door, 1966 (restored, now antique) Bay Two (Garage-shop) Wood-working and metal-working shop (Removed from the basement of 499 where we have been concerned about disturbing our tennants and also about the outside chance of fire), Wood-working bench (2), electric-work bench (2) Table saws (2), band saw, grinders, etc. Oxy-acetylene cutting torch Generator-driven arc welder VW Champagne convertible (restoring) Toyota pick-up (my daily transport, wood body in state of creation) Bays Three and Four (Garage) r Space to build and store a large sailboat British Double-Decker "Lodeka" provincial route-bus (restoring) Motor home 35'+. When I retire from CCCC, we plan to purchase one. Children's steam carousel (Probably built about 1890, made in England, used for fairs and carnivals, awaiting - - restoration. We are led to believe it could be quite valuable.) Case back-hoe with-front-end loader Int'I HarvestorLo-Boy tractor and attachments (plow, disc harrow, York rake, drag screen) Bucking saw (cuts stove lengths) Log splitter Mott Hammer Knife Flail Mower r -. Gravely tractor and attachments "Dr." Field and Brush mower Troy-built Tiller (garden cultivator) and attachments , Vespa motor scooteer { Jeep Rennegade, 1984 Lime spreader 5' Highlander boat trailer J Tuttle made utility trailer Long-Haul equipment trailer, 17'x8' Swampscott dories x 2 Sunfish Canoe D.M. Tuttle One-lung Marine Engine, Model N211, circa 1898, Canastota, NY (Around which we want to build a turn-of-the-century Adirondack-type lake boat.) Antique platform scales Antique washing machine (restoring) Antique ice cream maker (Professional equipment like that Ben&Jerry started out with, that we are restoring for the grandchildren.) Children's yard to (of which there are many) r Bagged lime and bagged fertilizer on pallets Climbing wall on Phinney's Lane end-wall for two climbing sons to practice on (belay.rigged).` \ •1 Overhead Storage CCCC Rowing Club shells and their sweeps - One eight-man shell, two four-man shells, one two-man shell Chuck Tuttle's single skull Sails, rudders, dagger boards and assorted lake toys. Window-boxes for 483, 481, 499 (42 of them, 6' and 4' in length) Lumber. Lots of it. Saved carefully for years, from which to'make furniture. Computers, retired , awaiting assignment (? CCCC) Quantities of furniture currently stored in our basement in order to free that space for living areas. Wood-fired kitchen range (awaiting our restoration) Wood-and=coal-fired ship's range (awaiting a ship) F Barbacue equipment, SS chef's table Porch furniture (of which there is a quantity, how cluttering our basement) ` Shower & toilet to save wear on the residence. ♦ 4 d i C `"ETOwti TOWN OF BARNSTABLE BARNSTABLE. OFFICE OF TOWN ATTORNEY y MASS. g 1679. ♦0 367 MAIN.STREET ''lfn1% HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D. SMITH, Town Attorney TEL. (508)790-6280 RUTH J. WEIL, Assistant Town Attorney NIGHT LINE-AFTER 4:30 P.M. CLAIRE R. GRIFFEN, Legal Assistant (508)790-6283 EILEEN S. MOLLICA, Legal Clerk February 1, 1993 FAX#(508)775-3344 Mr. Joseph DaLuz, Building Commission Town of Barnstable 367 Main Street, New Town` Hall Hyannis, .1a. 02601a 3910 7 Re: Kirk, Trustee vs. Lally, et al, as Zoning Board of Appeals; Daluz, etc. , Building [Commissioner] ; and' Tuttle, Intervening Defendant Superior Court, C.A. No. 92-00420 ZBA Appeal: - 1992-10 Our File Ref. No. : 92-0052 Dear Joe: Enclosed herewith please find a copy of the "Notice of Taking Deposition" for the taking of your oral deposition on Wednesday, 12:00 Noon, January 27th, 1993. As I am sure you have already surmised, the Plaintiff's attorney agreed to continue your deposition. It will be rescheduled in the near future and accordingly, you-will be required to appear. Thank you. Since 'Ly, RJW:cg R h J. Weil,, Encs. sistant Town Attorney c.b:: Zoning Board of Appeals [E:\92-0052\DALUZLTR] d.t in r2t_�iv W�AL'1'H Ur' MASSACHUSU'1'11S ..__B.AR_NSTABLE SUPERIOR —. -- — - Court I ockcl No. _92-00.420 ____EDWARD W. KIRK EXECUTOR Plaintiff(s) . vs. i LUKE LALLY, ET AL. i NOTICE OF Defendant(s) TAKING DEPOSITION 1 Robert D. Smith, Esq. Town of Barnstable U0. Office of the Town Attorney 367 Main Street Hyannis , MA 02601-3907 Please take notice that, at12—A"Clock noon 011 Wednesday January 27th � 1993 ,at the offices of Hunziker, McDermott Kirk & Russell, 182 Palmer Ave. Falmo � h, Massachusetts ' the Plaintiff in this action, by (his) (M}tattorney(s), will take the deposition upon oral examination of- Joseph Daluz pursuant to the applicable provisions of the Massachusetts Rules of Civil Procedure, before_Mary —' Phillips Notary Public in and for the Conirnonwealth of Massachusetts, or before some other officer authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are invited to attend and cross-examine. i Respect ly, ward Attorney(s) for I i i CERTIFICATE OF SERVICE j I I hereby certify that on January 5th , 19 93 1 served the above notice on the Defendant in the above-entitled action by mailing a copy thereof, postage prepaid, to (his) Zoo counsel of record, Robert De Smith, Esq. , Town of Barnstable, Office of the Town Attorney, 367 Main Street , Hyannis , M�2�UI=3l0T' cc: Mary Phillips Allen Re Larson, Esq. Edward W. K' sq. i Attorneys) for i JAN 7 1993 TOWN ATTORNEY TOWN OF BARNSTABLE t f c27 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO GASFITTING (print or Type) TOWN OF BARNSTABLE Date t�oU^2.4 19 Hyannis, Massachusetts S L Permit 0 Buildings Owners ,r AT: Location "� � _ Name C*1 i7• lss . Type of Occupancy: GQrWIC;4 New Renovation ❑ Replacement❑ GPlans Submitted Yes ❑ No 1 a cc /A A V R ►- L 0 V 2 z h T z p < a z 0 0 t• .0 s eu ►' to 1- s � z < W — 6 .~. ►- } e6 p z O z O M y N < d > < 6 < s H O SUB—aSMT. BASEMENT 1ST FLOOR IND FLOOR IV SRDFLOOR 4THFLOOR STN FLOOR aTH FLOOR STN FLOOR (Print or Type) Check One: Certificate Installing Company Name ❑Corp. Address 9-(3 t o* `3 ❑Partnership 6 c w w>s ►�c�� �yt i4 0 2 ❑Firm/Company Business Telephone �7&6 -s; Name of Licensed Plumber or Gasfitter @vhty J- c,yi("X Ahl 1 herby cartify that all of the details and infemmoon 1 ham submitted(or emitted)In above application ere time and @emote to the►eel of w► knowledge and that all plumbing work and installatbns performed under Permit Issued for this application will be In ommptlana with tD prllnemt provialm of the Massachusetts Slav Gas lode and chapter 143 of the Cenaral:owe. 1 hav Ormed the owner or his agent that I .do not have liability Insure Inc ding completed operations coverage. Signature o arner gent I have a current liability Insurance policy to include completed operations coverage. TYPE LICENSE: rGaef m er Title �,wsv a itter Signatyr�of Licensed City/Town• aA(`r�bk 410 tt. ter Plumber or Gasfitter APPROVED (OFFICE USE ONLY) rneyman License�Number BELOW FOR OFFICE USE ONLY FINAL INSPECTION SKETCHES PROGRESS INSPECTION 9r 1-cl FEE Z� ' Go PAC' � <S C CYn.1y _ 63 � N O. 631 ) APPLICATION FOR PERMIT TO DO GASFITTING r• t NAME i TYPE OF BUILDING G m pe, ti LOCATION OF BUILDING PLUMBER OR GASFITTER LIC. NO. 7- PERMIT GRANTED DATE 14 oy-Z.o 19 GAS INSPECTOR THE FOLLOWING IS/ARE THE BEST IMAGES- FROM POOR. QUALITY ORIGINAL (S) I m 7° DATA a a '(1st Floor): �• _ �ICi " p and-lot number /( / c'c�2_ C� ` ����',16 ilV �" TNc To` Health(3rd floor): ' INSTALLED IN COMPLI Q ge Permit number ` O .- ( Z ��„� wITJ}'I"nTLE 5 ngineering Department(3rd floor): �/ �Mi11RONMENTAL COD >seaa9rsnta House number TOWN REGULATI '� '°•6�`� Definitive Plan Approved by.Planning Board 19 ON o r►Y APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE 1 BUILDING INSPECTOR I � 1 APPLICATION FOR PERMIT TO ��'Q\dtiB ' A G A-,ZAC-rc TYPE OF CONSTRUCTION 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ``lC: A—Ilgd 1 wl Lv\� G���c-,c Proposed Use Zoning District Fire District `OLU�' Name of Owner CZc :� Cz ®v:k u- Address ' Name of Builder y Address Name of Architect Address Number of Rooms OWL— i � Foundation , Exterior �"�" @4- �'"`�{ L`� L Roofing Z-' \ i Floors 96k) 1-Q Camz% C17C.ki_ ✓� '': ? Interior \ 5 HeatingJC. � C`l`L �e� Plumbing `Z Fireplace WC c y Approximate Cost Area Diagram of Lot and Building with Dimensions Fe -la ,:P...E.,. i OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable ,7"Zke�rhove construction. me S L' e � + coot,Sop, ___ !"nf�rJ I�V 1 o 33561 Permit For Build Garage ` € Accessory to Dwelling Location 483 Phinney' s Lane ,. ^C,`_ Centerville ` Owner. George P. Tuttle = V` i , Type of Co nstruct on Frame Plot Lot Permit Granted March 13,. 19 90 Date of Inspection 19 Date Completed �� 19 04, 4 cc M cc 3 M ;. =_ r_ , sHUNZIKER, MCDERMOTT, KIRK & RUSSELL 7 COUNSELLORS AT LAW 182 PALMER AVENUE P.O. BOX 547 — FALMOUTH,MASS.02541 HERBERT E. HUNZIKER (1930-1987) (508) 548-4900 BRIAN E. MCDERMOTT 548 490f EDWARD W. KIRK JOE W. RUSSELL,JR.• *ALSO ADM.IN DC January 22, 1992 Board of Appeals TOWN OF BARNSTABLE Town Hall 367 Main Street Hyannis, MA 02601 NOTICE OF APPEAL G.L. c. 40A §8, 15 RE: George P. Tuttle 483 Phinney' s Lane Centerville, MA Dear Board Members: Enclosed please find a copy of the Notice of Appeal , which has been filed with the Town Clerk on January 22, 1992, in connection with the above-referenced matter . Very truly yours , *ar , it EWK/kadr Enclosures 3 y*., �a Y r HUNZIKER, McDERMOTT, KIRK S RUSSELL COUNSELLORS AT LAW 182 PALMER AVENUE i P.O. BOX 547 i FALMOUTH, MASS. 02541 HERBERT E. HUNZIKER (1930-1987) (508) 548-4900 BRIAN E. McDERMOTT 548-4901 EDWARD W. KIRK January 21 , 1992 JOE W. RUSSELL,JR. 'ALSO ADM.IN DC Town Clerk ' TOWN OF BARNSTABLE f Town Hall t 367 Main Street Hyannis, MA 02601 NOTICE OF APPEAL G.L. c . 40A §8, 15 . RE: George P. Tuttle 483 Phinney ' s Lane Centerville, MA Dear Sir: As Trustee of the estate of Paul G. Kirk and owner of property at 455 Phinney ' s Lane, which is located immediately adjacent to the Tuttle property at 483 Phinney ' s Lane, I hereby give notice of an appeal from the decision of the Building Inspector dated December 26 , 1991 in which the Building Inspector t failed to enforce the zoning by-law, having been requested to do so in a letter dated December 11 , 1991 . Copies of that letter and the Building Inspector ' s response are attached hereto as Exhibit "A" and "B i l Attached hereto are elevation and plans which show the building and its interior (Exhibit "C" ) and a list indicating the uses and purposes to which the building will be put (Exhibit i D" ) , Neither the building nor its proposed uses are permitted in this residential district and the Building Inspector is incorrect in his determination that this structure is an accessory structure. It is requested that the Board, after reviewing the facts I and viewing the structure, overturn the decision of the Building Inspector and order its immediate removal . V truly u EWK/kadr ar W, Enclosures cc: Joseph D. DaLuz Board of Appeals Building Commissioner Town of Barnstable Town of Barnstable 367 Main Street 367 Main Street Hyannis , MA 02601 Hyannis , MA 02601 HUN7IKER. MODE RMOTT. KIRK a RIJSSEL L �khl b( OLINSEI l ONS Al LAW f; 1'AI Mf(7 AV!NUf Ncl.t 1a 1 At M()U1li MA5�, HFRBERI ( HUNIIKEH u93[� IyH 7i BRIAN E Mr DERMOTl 4`iOHI h48 COWARD W KIRK S4B 4Cj Oi JOV W RUSSELL.JR At so ADM IN Ix December 11 , 1991 III f Building Inspector Town of Barnstable 367 Main Street Hyannis , MA 02601 I RE: Request For Enforcement Order on Permit No. 33561 I ' G.P. Tuttle 483 Phinney 's Lane Centerville, MA Dear Mr. Daluz: I am the executor of the estate of Paul G. Kirk, the owner of property located at 455 Phinney ' s Lane in Centerville, immediate abutter of the Tuttle property at 483 Phinney ' s Lane , Centerville. Mr. Tuttle has recently begun construction of a large building a very short distance from our property line. The building is in violation of zoning and demand is hereb ma You order its removal . Y de that On or about March 12 , 1990 , Mr . Tuttle submitted an application for a permit to "build room, a garage" containing "one " The permit indicates that the garage is to be accessory to the single family dwelling . The "garage" is 80 ' long, 40 ' deep and 20 , in height . No additional plans accompanied the application. A building permit was issued by your office on or about March 13, 1990, apparently on the strength of Mr . Tuttle ' s representation to you that he had discussed the construction of this building with his neighbors. with me or any member of my family _ He never had any discussion At about the. same time that Mr . Tuttle filed his application for a building permit, he also made application to the Health Department for a disposal works construction permit in which he sought approval to install a 1000 gallon septic tank, represent- ing that he intended to place a "shower" in the "garage" . He represented that the "garage" would be used for tractors, cars, and lawnmowers. A shower and an independent septic system are \ not consistent with a garage . HUNZIKER. MCDERMOTT. KIRK AND RUSSELL Building Inspector December 11 , 1991 Page 2 He did not commence construction within 6 months and t building permit expired and was not renewed or extended , he Within the recent past and without Tuttle has erected the frame of this structured aemassi Mr . building of 3200 square feet, two stories in ssive l completely out of proportion for the stated useasta which is ga rage to store vehicles and lawnmowers . The structure is neither "customarily incidental to "subordinate to" residential use but rather the dominant " nor structure on the lot and entirel aspect of residential use. Y out of character with any comparable in size are found The warehouseonly buildlrogsert the area yards or the landfill , p P Y, contractor ' s 1 . Request is hereby made, BY-Laws, that the owner be required rtoant submitSPlans of the and sworn statements to verify the intended use of the oc Pses, remi e including the interior of all floors and levels of the st ructure . 2. Request is hereby made that the building inspector issue an order that the structure be removed forthwith . Very truly yours , EWK/kadr Edward W. Kirk i I I i I i � I �j (= The Town of Barnstable l tA[t1T•[L[ : Inspection Department 367 Main Street, Hyannis, MA 02601 508 79O-0?27 Joseph D.Da.uz Building Cotnmissioner December 26, 1991 Edward W. Kirk, Esquire Hunziker, McDermott, Kirk & Russell Counsellors at Law P. 0. Box 547 Falmouth, MA 02541 I RE: A=230-101.002 483 Phinney's Lane, Centerville i Dear Attorney Kirk: i i I have reviewed your letter dated December 11, 1991 and am aware of your concerns. Your opinion that a shower and an independent septic system are not consistent with a garage is understandable. However, if you have plans to build a boat, exercise and/or swimming pool for your own personal use in the garage there is no provision in the Zoning Ordinance to prohibit same. Basically, I believe your concern and the concern of others who have voiced their opinion is that the garage is too large and dominant a structure for a residential area. The "garage" was discussed on Tuesday, December 17th with Town Attorneys Smith and Weil, Assistant Town Manager Churchill and Council President Horner. The conclusion is that there is nothing in our Zoning Ordinance to make this accessory structure illegal. Therefore an order to remove said structure cannot be issued. Peace, FFCP7 J�s h D. DaLuz ilding Commissioner JDD/gr cc: Town Manager W Q � 1 1 Ca 0 ' ' Y U Ho N ELeYATtor4 2"CAP[ HIGHWAY(RTC. 44) • .bilge i. TAUNTpN. MA 09712 TEL:(UM)a.M_7, FAX:ct0i)"04500 SHEET �OF NO. MADE BY DATE CK'D.BY DATE I j E=6=VATtoN 1 2 Zr s701,y�''t►J ION • I _ � L M ♦ � t SUBJECT ' SPACE �,4�.� y JOB NO. - -- GATE �'i� i'loss �CSx.�sZy tu[ SHEET OF 3� t r qXx-% SAP saZV1L4 T C3E 4 � H n v old � W V -14 � o` iR Q = H �o 2e 74 27 Bay One (Garage) Volvo 740 GLE sedan (Mrs.Tuttle's car) Mercedes Benz 300SD, 1984 (my car) Dodge Caravan (our son's car) Citroen Deux Cheavau four-door sedan, 1964 (restored, now antique) Citroen Camionette, three-door, 1966 (restored, now antique) Bay Two (Garage-shop) Wood-working and metal-working shop (Removed from the basement of 499 where we have been concerned about disturbing our tennants and also about the outside chance of fire). Wood-working bench (2), electric-work bench (2) Table saws (2), band saw, grinders, etc. Oxy-acetylene cutting torch Generator-driven arc welder VW Champagne convertible (restoring) Toyota pick-up (my daily transport, wood body in state of creation) Bays Three and Four (Garage) Space to build and store a large sailboat British Double-Decker"Lodeka" provincial route-bus (restoring) Motor home 35'+. When I retire from CCCC, we plan to purchase one. Children's steam carousel (Probably built about 1890, made in England, used for fairs and carnivals, awaiting restoration. We are led to believe it could be quite valuable.) Case back-hoe with front-end loader Int'I Harvestor Lo-Boy tractor and attachments (plow, disc harrow, York rake, drag screen) Bucking saw (cuts stove lengths) Log splitter Mott Hammer Knife Flail Mower Gravely tractor and attachments "Dr." Field and Brush mower Troy-built Tiller (garden cultivator) and attachments Vespa motor scooteer Jeep Rennegade, 1984 Lime spreader 5' Highlander boat trailer Tuttle made utility trailer Long-Haul equipment trailer, 17'x8' Swampscott dories x 2 Sunfish Canoe D.M. Tuttle One-lung Marine Engine, Model #211, circa 1898, Cariastota, NY (Around which we want to build a turn-of-the-century Adirondack-type lake boat.) Antique platform scales Antique washing machine (restoring) Antique ice cream maker (Professional equipment like that Ben &Jerry started out with, that we are restoring for the grandchildren.) , Children's yard toys (of which there are many) Bagged gg d lime and bagged fertilizer on pallets Climbing wall on Phinne 's Lane end-wall fo r or two climbing sons to practice on (belay rigged). - Overhead Storage CCCC Rowing Club shells and their sweeps One eight-man shell, two four-man shells, one two-man shell Chuck Tuttle's single skull Sails, rudders, dagger boards and assorted lake toys. Window-boxes for 483, 481, 499 (42 of them, 6' and 4' in length) Lumber. Lots of it. Saved carefully for years, from which to make furniture. Computers, retired , awaiting assignment (? CCCC) Quantities of furniture currently stored in our basement in order to free that space for living areas. Wood-fired kitchen range (awaiting our restoration) Wood-and-coal-fired ship's range (awaiting a ship) Barbacue equipment, SS chef's table Porch furniture (of which there is a quantity, now cluttering our basement) Shower & toilet to save wear on the residence. l f' 4 Town of Barnstable Zoning Board of Appeals Appeal Decision and Notice Application: #1992-10 Applicant: Edward W. Kirk Summary of Relief Sought: At a regularly scheduled hearing of the Zoning Board of Appeals, held on February 20, 1992, and continued to March 26, 1992, notice of which was duly published in the Barnstable Patriot, and notice of which was forwarded to all interested parties pursuant to Massachusetts General Laws Chapter 40A , the applicant, Edward W. Kirk, executor of the estate of Paul G. Kirk, has appealed a decision of the Building Inspector pursuant to MGL CH. 40A, Sections 8 & 15 and requested an enforcement action to remove a newly constructed two-story garage at Assessors Map 230, Lot 101- 2, more commonly addressed asC4-83-P-hin-ney—'s—L-ane �CenterviIle,MA.? the lot is located in the RD-1 Zoning District: The applicant is an abutter to the site under appeal. The following Board members heard this petition: Gail Nightingale, Elizabeth Nilsson,. Luke Lally, Gene Burman and Chairman Bliss. Summary of Evidence: The petitioner, Attorney Edward Kirk, presented his petition to the Board and submitted a Plan of Land showing the Tuttle property abutting his property. The plan shows the subdivision of the Tuttle property into four (4) lots. Mr Kirk explained that the structure shown with red hashing is the particular structure which is the subject of the appeal. He also submitted an Assessor's Field Card indicating the gross floor area of the primary residence, and a copy of Building Permit Application showing the date of grant. He also submitted an elevations plan of the structure, which was supplied to him by Mr. Tuttle, an overview of the interior of the building, and list of activities that will take place within the structure. In addition, Attorney Kirk submitted 12 photographs showing the structure. Attorney Kirk discussed the permitted accessory uses in a PD-1 residential district which includes renting of rooms and stabling of horses. In order for the subject building or uses to be lawful, they would have to be permitted under Section 4 of the Zoning Ordinance (Supplemental Provisions) dealing with accessory uses. The question is whether this building and its activities comply with the requirements of Section 4 of the Zoning Ordinance. Mr. Kirk explained that accessory uses and buildings are allowed provided that such uses or buildings are customarily incidental to and subordinate to the principle use which they serves. Attorney Kirk stated that the structure is 80 ' x 401 (3200 square feet) and, with its elevations, appears as a commercial-type warehouse. He further stated that it is the only building of this type constructed in this town/neighborhood, it is not customarily found in a residential neighborhood, nor is it incidental to the residential structure. It is the most dominant building on the lot and on Phinney's Lane between Route 28 to. Route 132. Attorney Kirk argued that as far as the use of the structure is concerned, it is not in any way incidental to or subordinate to a residential use. He stated that the kind of uses Mr. Tuttle indicated in his list, which will take place in this building, are found in a storage yard and are not allowed in a residential district. It is not incidental to or serving the residential use of the premises. Attorney Kirk cited three law cases and court disposition. In case of Brown vs Huntington et al. , a New York Case, (496 NY Second at 487) which dealt with a boathouse) , the Court said the record establishes that Mr. Brown seeks to build an unusually large structure of 1080 square feet(SF) in which to service and store his boat, and denied Mr. Brown the right to build a 1080 SF structure, in which to put his boat, because it was not accessory. The other two cases are Harvard vs Maxant and Pratt vs Building Inspector of Gloucester. The Board discussed the nature of the appeal and determined that the focus of the appeal is on the Building Commissioner's interpretation of the Zoning Ordinance, specifically Section 4-1. 1 of the Zoning Ordinance dealing with accessory building/use. The Building Commissioner, Mr. Daluz, was present and addressed the Board regarding the petition. Mr. DaLuz stated that there is nothing in the Zoning Ordinance which regulates the size of an accessory building. He stated that the building will be used as a "garage" and can be used for anything including boats, horses, autos, etc. Mr. Daluz stated that he could not find anything in the Zoning Ordinance that would define, what one could not put in an accessory building. a The Board questioned Mr. DaLuz regarding the height of the building being as one-story building due to its two rows of windows. Mr. Daluz stated that it is a one-story building with a mezzanine. The Board questioned Mr. Daluz whether the construction of the building was within the parameters of the Building Permit. Mr. Daluz responded that the plan filed is consistent with what is now on site. Mr. Tuttle, the owner of the property was present and . addressed the Board. He stated that he needed a garage and requested a Building Permit from the Building Inspector. He stated that it is an accessory use. It will be used to garage motor vehicles and for restoring of a couple of primitive vehicles. It will also be used for boats storage and he would like to build a boat and put everything under cover. The Board asked Mr. Tuttle if. the structure will contain boats belonging to other people. Mr. Tuttle responded that the Cape Cod College has a Rowing Club and they row on Wequaquet Lake. He allowed the club to use the beach on his property in order to launch their boats, and had allowed them to store the boats in the barn. Chairman Bliss asked for people who would like to speak in support of the Building Commissioner's position in this case. Carl Tuttle stated that he supports the decision of Mr. Daluz. He discussed subordinate and customarily incidental use to the main residence. He stated that the fact is that they live on a lake and, it is customary to house boats under cover during the off season. Garage is an incidental to the residential use, for cars. Robert Tivey stated that he would like to be on record as supporting the Building Commissioner's decision. Ken Woods, David Cole and Loretta St. Angelo spoke in favor of the Building Commissioners' decision. Chairman Bliss called for anyone in support of Attorney Kirk and opposed to the position of the Building Commissioner, Mr. Daluz. Liz Clarke of Osterville commented that both the building and use are issues here and it is a matter of scale and aesthetics, etc. Mr. McKay discussed his concern with the scale of the building and approval of the Building Commissioner. The Board, at a meeting of February 20, 1992, decided to take the matter under advisement, in order to view the property and other similar sized structures in the town. Finding of Facts: At regularly scheduled meetings of the Zoning Board of appeals held on March 12 and March 26, 1992, the Board made the following finding of facts: 1. That the accessory structure of 3200 square feet is not customarily found in residential neighborhoods, in particularly do not find any structures in the general area, that are of similar in size to this building. 2. That the building itself is not subordinate to the primary residential structure on the 1.79 acre parcel. 3. That it is not incidental to the primary use, but it has now become the primary building in the neighborhood, as far as size is concerned. 4. That the structure itself is detrimental to the neighborhood. In particular, that the structure is detrimental to the neighboring property, that of the petitioner. When one stands on the front yard of the petitioner's property facing the street, looking to the left, all one has to view is the so-called accessory building which virtually bounds the entire property from the street to the house. 5. That the Building Commissioner erred in his interpretation of Section 4-1.1. AYES: NIGHTINGALE, NILSSON, BLISS (Voted on March 26) NAYS: LALLY, BURMAN (Voted on March 12) Decision: Based on the finding, at a regularly scheduled meeting of the Board held on March 26, 1992, a motion was duly made, and seconded, to support the petitioner's position on the interpretation of Section 4-1.1 of the Zoning Ordinance, and ask that the Building Commissioner's interpretation of Sec 6?.on 4-1. 1 be overturned. I AYES: NIGHTINGALE, NILSSON, BLISS (Voted on March 26) . NAYS: LALLY, BURMAN (Voted on March 12) The petition did not get four (4 ) affirmative vote to overturn the decision of the Building Commissioner pursuant to MGL Ch. 40A, Section 15, therefor, the Building Commissioner decision is upheld. THE BOARD UPHELD THE DECISION OF THE BUILDING COMMISSIONER TO ISSUE THE BUILDING PERMIT FOR THE CONSTRUCTION OF THE GARAGE. Ary person asa=.eve. by this dec_s_o= =ay appeal to t ha Ea__r-b_e Suce_ Ccurr, as desc=_ce_ i= Section 17 a= C:.apte= 40 o= the Gz_e__z Ls::s of the Cc=o:: zalth of =ssac=_sac_s by bra ____ - G_ ac=_o: c.=t __ t':e:ty days a=_er the dec===on has bee: f ea i= the cf==ca of the Toy.- I - Clark of the Town of Ba_ustable, Bar=scaole Counc, hereby ca_=if7 .that t-:e=^ (20) days have elapsed si=ca the Board of Appeals rendered its decision it the above e=titled per=c_on and that no appeal of said dec�=ion has bee= LL ed i-- the off ce of the To-.-a Clerk. Sided and Sealed this day of I° under t`e pates and.pe=alt=es of pe=-ur- . . Dist==but=on: P_cpe==I Ovner Toc.;. Cler:;. Aoo1=-=-c Pe:sc.s Incare=tar B:.'?d_--, I.spec_..= Bca== of Appeals I TO`VN OF:BARNSTABLE•` . D�'ART��Nfi OF,PLANNrI\+G ' A,A'I) DEVEI,OP11TE1VT OFFICE OF THE ZQIIy :; t BOARD OF APPEALS` ;NOTICE OF PUI3LIc'OtAEING {' UNDER THE ZONING'"'''. t ORDINANCE MEETING OF FEBRU)1RY 2U, 1"2 To all persons deemed itrerestfd or atleeted+'{�y:�tfte Bbtir&,df-`RPl als, underSec?''Prbl h nygJ4i Viral Iraads oYtt€eiG ,ow4ith,orma. i. chusetts and'9}1 8me}tdme'ntviltereto, You are her6by notified,.that 'i?,,,,, i APPEALNO. 1992-04 7t30P.]�1• Brian&:Kytn Clifford, to the Zoninghave .'appealed Board:of=Appcalsr,and Petition: for a:Special Perm. Section 3A-I (3)D),to:allo family Goff Tnr-at%Map..19d�;,'Lot 108; 10 Goff Terrace, Cemervale in:an=RC Zoning District:•:: • . _ A PUBLIC HEARING 1 HELD ON THIS PETITIO,v ABBE P.M. APPEALNO.,1992 l0:r : t Edward W,kirk.'Executbr of'the es 1 fate of Paul-bo. 1 decision-- Kirk, had`app6aled a i. the' 'Building -Inspector ` Pursuant.'to M6L Chapter 40A;Sec- tions 8 land 15 and requests En Aetion"to rerriove'a hewj .con- structed two-story garage:at MaP'230, y Lor101-2;481 Phinney's .I ane >Cen- tervillc in an-RD-1'Zoning-District. A PUBLIC IIEARING;`.:WhLL`BE HELD ON TIfIS PETT.TION A 1 7:45 APPEAL NO:-19 A-j Barre Pimkclras'a 8:00P.M. ing Board of A 'PPealed to the Zon- PPeals and petitions for a Special Pcrmirunder Section 4-4.2 to change the non-cohforming ware house to a non=tonfairning retail an center at Map:2:16 Lot'38.1989 Route 6A, W. Bairtstablc in an RP Zoning District. A PUBLIC'HEARMG WILL BE p X D ON'TIIIS PETITION AT 8:00 THESE IIEARLMO'S WILL BE IIEC IN THE SECOND rI D 00R ffEARING ROO1b1, NEW TOWN"IIq ) `;367 MAIN 'STREET',. NY AiA S :OAT THURSDAY'Ev j�rA FIS -O SOT ARE-INVItE TO BE PRES_ r; BY ORDER OF" ';ENE ZONING 'BOARD OF APPEALS. DEXTER BLISS;'CIIAIItIV1gN ZO.\T\G BOARD Of APPEALS The Barrtstable•'Patrio[' Pi bruary 6 icbrugry'13 1992 r PARTIES IN INTEREST MEETING OF FEBRUARY 20, 1992 APPEAL NO. 1992-10 EDWARD KIRK TUTTLE, GEO. P. & ANN, TR. TUTTLE FAMILY TRUST 483 PHINNEY'S LANE, CENTERVILLE, MA 02632 SWARTZ, CAROL A. 55 LOOMIS LANE, CENTERVILLE SWARTZ, DONALD V. 55 LOOMIS LANE, CENTERVILLE BODENSICK, FREDERICK & ENID 58 LOOMIS LANE, CENTERVILLE CAHOON, ROBERT & EDITH 30 LOOMIS LANE, CENTERVILLE WARD, BRIAN & ESTHER M. 519 PHINNEY'S LANE, CENTERVILLE BAKER, ROBERT & JOANN 502 PHINNEY'S LANE, CENTERVILLE BRENNAN, GARY & LYNNE A. 520 PHINNEY'S LANE, CENTERVILLE LYNCH, PATRICIA A. & DANIEL 43 OAK DRIVE, UPR SADDLE RIVER, NJ 07458 ANDERSON, ELLIOTT D. 22 ELLIOTT ROAD, CENTERVILLE CARUSO, JOHN A. & SUSAN 2 KNOLWOOD COURT, BURLINGTON, MA 01803 ANDERSON, WILLIAM E. 23 ELLIOTT ROAD, CENTERVILLE 1 Fro QUERY PROPERTY: QUERY END QUERY PROPERTY PENTAMATION ------------------------------------------- 08/15/96 PARCEL ID 230 101 003 GEO ID 35569 LOT/BLOCK 2 DBA PROPERTY ADDRESS OWNER TUTTLE 491 PHINNEY' S LANE GEORGE P 483 PHINNEYS LN Centerville CENTERVILLE MA 02632 PHONE DISTRICT CO DEVELOPMENT STATUS C ASSESSOR' S CODE CAPACITY (NOTES) ZONING DIST/ZOC SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? $# BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 23522 .4 OPER/MGR NAME WET LANDS MULT ADDRESS USE 101 (N) EXT / (P) REVIOUS / NO (T) ES / PER (M) ITS / (V) IOLATIONS / (G) EOBASE / (E) XIT ad R230 101.002 PERMIT PMT ACTION R CARD 000 KEY 355680 00000000 PERMIT-NO MO YR. TYPE VALUE CK-BY MO YR. %CMP NEW/DEMO COMMENT B29133 04 86 ND - 8000 LK O1 88 100 NEW CE B33561 03 90 AD - 8000 LK O1 91 000 NEW CE GARAGE B34876 03 92 AD - 2200 LK O1 93 100 NEW CE ADD'N 4 I R230 101.004 P E R M I T PMT ACTION R CARD 000 KEY 355706 00000000 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR %CMP NEW/DEMO COMMENT B29641 07 86 CD - 20000 JG O1 87 100 DEMO CE MOVE DW RCV F Window APR/I at BARNSTABLE (CY) Ip •, ^I Q \I y No �i\ll p O IwoI - w 0 o � N�� � ,tic � •� / f / 'P fit" per v ,- � - �.,++Tp• s� [ � x.- _ �` ' �`` °•„ a�sr°a�� h.,..s+i:'��-ra� s '-'� '�`` .we x ' � r N � Aso RI AC le IL Sao 9 Tb + LO N W Vt N ww �_ tc vn e2" � i V C + ♦ ° sN a n R O O �N % OQ• * 14 ' A�J � s `<<iOry ' � ebb - O �O Jai o •;� . 96 R m N J 'm •AO . o A _ log ^' -0 i� o 4 RLU lop VC, Vp Ile r I , ROAD LISTING BY .NAME AS OF 8/0-0/90 4w HOUSE ,. _ ...._.� . �. SEC _ , n,, SEC VIL'L NUMBER ' MAP & PARCFL DEVEL LOT OWNER ACRES FRNTG IDX SECONDARY ROAD FRNTG CD P s 130 209 ' D9 . B TUCHOLSKIi ..,.STANLEY A 1 .03 178 133._ - 209 . 055:;002 ON JOSEPH P:� 13 _- _ 91 a z .. _ t $._�_ 13�._ - 209:-055�;DQ1 MACDONAL0 RODERICK SCOTT .71 4.54 7.ib4 OLD POST ROAD _ 257� 10 1 195 209 020 3, ,:: tA. 4 : LUNDBERG• EDMUND M ::_ . 2.27 100 4 9 ..:_:.:.. _. 10 21-7 209702t .i. ROCKNESSO ANN M .7 .44 80 i 11 221- - 230-002 �_�. s_BL1S5-. JEAN�f _ _ �49_-_ _ 30 _:.1338' 28 2-55 - 10 13 ROUT - r - �- 10 12 238"---229-..-09b. " SULLIVA'N,--LEE ANNE'° TRUSTEE 62. pw" 190...r ;� E... . 239': 23U ... 1 . FARE. LINDA....1 _ _ .67 _ 184 114 242 229 09 . 1 • HANSOM DOROTHY D ET ALS TR 1 .01 191 1U .� 115 251 __` 230 16 _ `. 2"- i � 'r SHA1MSIi MUTAHAR S .47 113 U627 . ,GREAT MARSH ' ROAD_. 4 156.1 10?�T Its 256 23Q 107. : RILEY. LAWRENCE Jr TRS .36 82 117 258 2 108®_ 70 ,ROSS.Y. .,.JOHN .J _ .29 75. _.., _ :.. 1Q 1 �16 271 230: DOE— SANDRA L .22 70 0627 GREAT MARSH ROAD 57 10 1: W 194 276" 230'`134a _- 1...__ BROWNr DANIEL E & MURIEL S "' ' .90 "' 165' R _._,_ u w" ._ 10 . 1 20 281-_-.-__.-230 009tl-_ _71____.�._.__ __.- SOR0TA: STEPHEN S : .22 100 _ . _. ;. . .-. .-...... 10 1 21 ! SULLIVAN LEE ANNE TR STEE. : :..:... . -. 228ggg q9 095 y D3 5577 pp 22 291... ....... D 01D® ::. 12.: GOW. KEITH L & JANET � .ZZ 100 i388.,._ ROUTE 2.8._. 57.:. 10 1 �. - __ _. .�, __ _,.8_ _ a% 23 __._. 294 T .,� MiL' ER ..JEANNf E. T:r�-60 ....100 0389'V CROSBY ROAD 97` 10 1 za ` _ ___3OD 230-132.. . -"BAKERi-CORDON _5__ _M_ _ .52 87 0389*-'-- CROSBY R0A_D .31.9--. 10_- 1 A. A T 25 303 230 .01 t ., ;; 73.:: L NC S ER. NAN CY E .27 119, T:..., 10 26 ....:... 307 , 2.30 012., .. 74... JOYCE. BEVERLY ...T & KATHLEEN .22 97 _. ,. __ __ _'MC-C-ARTHY �_.STELLA- J- ._.__ _ _ 68 ;w.._._ t3$ w;.038q..._ ,CROSBY___ROAD __ fir_.___-.1.87�. !27 31.4 . 230-�13t. -...�, _,. 23 _,..,_ 319 _ 230;;0t 3. - _ - SHEA- BARBARA- ANN _ ,. .23-.-_' -_ 90 _. __ - 10 1 29 33D. ..._e_ 230' 130�° 1:1 SMITH,# DORIS- .D .:.._. . .4t 100 30 . . 342 230 1290 MOORS. IVAR R . .4T 445 - 40 31 ,._. _sue.- 9 _1 MCCL'EARNr. WILLIAM H & - _ 10 1; 353- 230- 0 0: _ _..., ., �_._ ._�: . __...._u , �._ _ a 3z 354 . - 230 161 . _ B? ONEiIt `CHESTER N JR & -" _-- .55- 35 "` "� 10 1 33 _ 358.::. 230...127. A2 62.°&. " ONEILLr':KENNETH '"C >: t .20 0 . :..05.22:': `FALMOUTH :ROAD (ROUTE 28) 1.. 3a 360 .,.... 230 128. Al -ONEILL .....CHESTER N & VILMA .55 ..... ... ...160 ,_._ MOOREii MABEL-_ M.._ _ _ 26 35._..__ 365__„_�._ 230_091. :-•-�-- �".-__.._` = :�_..._.___ aa ...__... . _....___r.w.__..�.. . _ .�._._�M...��.._:..�..___ 35 - �.. 371--.u-- 230--0.92. BARNSTABLE._.TOWN ' OF":.(CON) ry. V _YV_.. �15 ' ; 2D 1s. 9 37 : .._ . 38D: .. . .':230 ' 1`45. 1 DORRERr ELAINE..H .48 .185 .::r1'6�7T.,. TEILEGEN ":TRAIL 1.2.1... _..1 1i 38 ..._ 387... .r_ ...230 093.,},. ,, RENZ1. MARY A .4 39 '_-._. 398.-_- . 230-_20$. . -,3.7_. _LEAVER,v DAVID .-C,_ � �5 r - _ 6 160 1Q 1 40 402 230 207.i 3b IENOX DONNA.. & SCOTT' .47 .r_.. .� 10. 1 i 41 ..: 3 1.2 1)0. 1 "& BARKER,".:ROD Y,...M TR::. a..: 41 pp pp DD t az 42 3 09 54 PARKS STEVEN A& BEVER`LY T 1 .65 40 10 ti 3 45 5----------- L E Y K A T H L E E N _ 2 2 0' _.. 31 T. Ia 230µ tOD F. _BRAD _ _ _ as . . .. 4S6-- __.._ 230 124. 1 : . WH ITEHEADi T IMOTHY_.J V .65... 188 0 11 as 483... 230 ::101 .0Q' 4 TUTTLE ' GEORGE " P TR.. 1 .79. :.: . 0 .�-(E D 3_ TUTTLE GEORGE P TR _._. _ 4.426a6 483 230 101 _=4_..6g0 0..9__ - 2,.2 LOOMIS LANE .. w_ 300 110p tl 47 E O 5_ L s_"G: R G E- a6 4 _TUTTLE i GEORGE P & ANNE T 1j 70 ae 502 230 153. '+: BAKER ROBE:RT W 9 JO ANN p .46. .:.: .. 190 so 519 230 167.E►01 1 WARD. BRIAN P "& ESTHER M .50 180 0922 100�1IS LANE 93 1 t st .. .__ 52D_�__ 230 a18. _ _ _t." r__.� _....BRENNAN ...GARY M $ LYNNE A .....__.-tQ..t _ _' '. .86 _ 200 ii 52 535---- 230'- 1-67:•GD2 2 MCCABE "PATRICIA A &v .50_"_` 163 0255" CECILIA` LANE ' 117 �`_ 10v 1! 53 546..._ 25 018 2 .. COUGH.... ROBE.R.T..A BURROWS 4..1 T". 315 1 sa 546 23 209. a 101 COUGH. ROBERTA BURROWS 1 .00 184 1D::..1! 40 ss _-_•_ 555- �..230 t6.C,01 1 _CUNNINGHAM MARY ,.S & ERIC F _m.�_u�1'.04_ . ._.,. ._: 0 10, if 56 580` ..230 ._.11 b._�.` - - BEAUMONT� SUSAN M- EST- 2.00-'.._..-.. 390 - 0255- CECILIA~LANE 25Q 10 11 52 581 . 230 1:16 .002 " . ;L! BEAUMONT. LEO E & BETTE A 5s 595 250 048. 1 MCCANNO FITZJOHN _ .50 100 1148 OLD FARM ROAD 179 10 1( ---- 250 014. ,_;, 5r ILIP.. J & BONNIE L _- ._ - se ` 6 -_ _� -- �-°�- NU G N E S�� P H _._. ._ �a .. R t ._ .. t 61 ., _. '1 61 60 62 .63