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Jy Appedl Nd 94 003 peal Special Permit S at Not Family Apt
yf►ppliear, Nickerson ICynthia
A"M gg 293 Riverview Lane
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Ildga Centerville MA 02632
ARece ved dip a 228188
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// Notes Administratively withdrawn from Amnesty. See 1998
affidavit,apartment will not be rented. 7/29/03 T.Perry:
r y Change to"Not Family Apartment"status
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COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE AFFIDAVIT
I, 0-- h-t-��l,� �_ I GIV1 rS'0'1i1 --------------- being on oath,
depose and states follows:
1.) I reside at_ -` — �U�2_U��, J_�h • _ otrtmv� AP J / A_----------
2.) I �m the o r of the roperty ocated ,
at.r 3 Ul"r 1P.U��L_1._ 11q_Qntorz V_� lel______ _
shown on Barnstable Assessors' maps as MAP_—e�o2� PARCEL__Ias_____________
3.) I Do__ ____Do not __have a Family Apartment at this location.
4.) On- Z'ah••_ 4 ------ 199_q-_, the Zoning Board of Appeals, on Appeal No.M -03
granted me a Special Permit/Variance to maintain a Family Apartment at the above address.
5.) I understand that the Family Apartment may only be occupied by members of my family who
are persons related to me by blood or by marriage.
n sun o S
6.The following �1 ®-the sole occupant/of the Family Apartment at the
above address:
a) NAME. M t c t I_ S• 16nct4)---------------------------------------
Relationship to owner:_— i3�p/_v�{,( ________------ -------------------- --
0�2Il 1, 6cG a -f�� yr - t
kM
b) NAME--------___-
���-£'--�-� �-���-� -�
Relationship to owner..— -----------------------1----------------------
J
7.) The Family Apartment will be the primary year round residence for the above-identified f
,
8.) In the event that the above-listed s) vacatessaid apartment, I will immediately notify the
Building Commissioner in writing. ye f, �t4 t -x W O(Ac{ 1449 -60 b2 c t l a v*¢ b �i k uG
and►'r&VT 4 1��°il� oY, Q ✓merit•-6w, �IS-.
9.) 1 understand that no subletting or sublets (�subleasing of Ud Family Apartment is permitted.
'�YLd it$ I V '1,
I�� h YL t�t20 t G .
10.) 1 understand that I am required to Annually file an Affidavit�Gvith the Building Commissioner
listing the'names and relationship of my family members pc upyinngg sai(ffamily Apartrnqvt.
: �t,/ u►,dQh$zcuvwH�j WwS' '�`�C( -�jI✓ym WBw�.G( W`¢. ClNh ii, Y1PG�G1 vcill
1. I understand that I am re to complyf eve,tTK 1�1/�.
with all conditions imposed by the Board
Appeals in Appeal No. __-J --�3 -----------
---------------------- ,-------- n
12.) I agree to immediately notify the building Commissioner in the event of the sale of the above-
listed property.
• Sworn to under the pains and penalties of perjury this a?oC --day of 199_F___
Signature 2vti---- /�. -/0. AnC/ rvl�
Print N � 0
I �
�iG�Slrr%l
°FTNE lq�, Town of Barnstable
Office of Community and Economic Development
* snxxs-rnet E, 367 Main Street,Hyannis,Massachusetts 02601
9cb 1639. � (508)862-4683 Fax(508) 862-4725
ArED��p
September 17,2001
Ms.Toni Hall
Department of Housing and Community Development
One Congress Street
10th Floor
Boston,MA 02114
RE: Notice of Town of Barnstable's Accessory Unit Affordable Housing Program Comprehensive
Permits
Dear Ms. Gumble:
In accordance with CMR 760 Section 3 1.10 requiring notification to your office of upcoming
possible Chapter 40B Comprehensive Permits,I am notifying you that we are processing the
following applications for site approval letters. The applicants are:
1. Elizabeth Reney,24 Old Farm Road,Centerville— a new accessory unit;
2. Francisco Toledo,9 Suffolk,Hyannis — a single-family accessory unit;
3. Donna Muncherian,551 Lumbert_Mill Road,Centerville— a single-family accessory unit;
�X. Cynthia Nickerson,�29 Riverview Lane,Centerville—a single-family accessory unit.
These applications are being made under the adopted General Ordinances of the Town of
Barnstable,Article LXV- Pre-existing&Unpermitted Dwellings.This program is an attempt to
provide safe,desirable and affordable housing throughout the town.
Respectfully Submitted,
Paulete Theresa-McAuliffe,
Housing Coordinator
cc: Toni Hall,DHCD
Gail Nightingale,Hearing Officer
Kevin Shea,Office of Community&Economic Development
Town Manager's Office
Town Attorneys Office
Public Health
Building Department
Barnstable Housing Authority
File:
b7q. `eg
Town of Barnstable
• Zoning Board of Appeals
Notice-Administrative Withdrawal
Cynthia Nickerson—Appeal 2001-126
Comprehensive Permit—MGL Chapter 40B.
Summary Administrative Withdrawal
Applicant: Cynthia Nickerson
Property Address: 293 Riverview Lane,Centerville,MA
Assessor's Map/Parcel: Map/Parcel:228-188
Zoning: Residential C&GP-Groundwater Protection Overlay Districts
Background:
In Appeal 2001-126,the applicant,Cynthia Nickerson,seeks to convert an emsting family apartment into an
affordable unit. The propertyis shown on Assessor's Map 228 Parcel 188,and is commonly address as 293
Riverview Lane,Centerville,MA in Residential C&GP-Groundwater Protection Zoning District. The
applicant applied for a comprehensive permit to modify family apartment as an affordable rental unit in
order to participate in the Accessory Affordable Housing Program
Procedural Summary:
The appeal was advertised and public notice was sent to all abutters in accordance with MGL Chapter 40A.
However,the applicant requested a withdrawal of her application. The appeal was not filed at the Clerk's
office. At the opening of the hearing,Hearing Officer,Gail Nightingale stated her intent to administratively
withdraw the appeal.
Decision:
At the hearing on November 28,2001,the Hearing Officer determined that this appeal would be
Administratively Withdrawn. }
Ordered:
Appeal2001-126 has been administratively withdrawn.
LO/
Gail ightingale,He, g Officer Date Signed
I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify
that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal
of the decision had been filed in the office of the Town Clerk •
Signed and sealed this day of under the pains and penalties o perjury.
• Linda Hutcheriderjown Clerk
-- Ii 1 ,A *1;�
The Town of Barnstable
MAM
039. Department of Health Safety and Environmental Services
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
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Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal Number 1998-57-Nickerson
Modification of Family Apartment Special Permit No. 1994-03
Variance to Section 3-1.1(3)(D)Provision(9)-Occupancy by Family Members
Summary: Denied
Petitioner: Cynthia D. Nickerson
Property Address: 293 River View Lane,Centerville
Assessor's Map/Parcel: Map 228, Parcel 188 Area: 0.35 acre
Building Area: 2,257 sq.ft.
Zoning: RC Residential C Zoning District
Groundwater Overlay: AP Aquifer Protection District
Background:
In January of 1994, the Zoning Board of Appeals granted Special Permit No. 1994-03 for a family
apartment within the existing house on the subject property. The property is developed with a 2,257
square foot one-story single-family ranch style dwelling. The family apartment is located in the basement
level and consists of a living room,-study, kitchen, bath and one bedroom. The family apartment unit was
occupied by Arnold C. Nickerson, father of the applicant, until he died in December of 1995. It has been
occupied by Mike Karath, a friend of the applicant, since May of 1996. Mr. Karath does not pay rent and is
responsible for half the utility bills.
Subsection g) of the Family Apartment provisions of the Zoning Ordinance requires the family apartment
to be occupied by members of the property owner's family only. The applicant is requesting that Special
Permit No. 1994-03 be modified. Specifically, she is requesting a Variance from Section 3-1.1(3)(D)
subsection g)of the family apartment provisions of the Zoning Ordinance to allow a non-family member to
reside in the existing family apartment unit.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
February 26, 1998. A 60 day extension of time to hold the public hearing and to file the decision was
executed by the applicant and Board Chairman. A copy of that extension is contained within the file. A
public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in
accordance with MGL Chapter 40A. The hearing was opened April 29, 1998, at which time the Board
granted the request with conditions.
Hearing Summary:
Board Members hearing this appeal were Gene Burman, Gail Nightingale, Richard Boy, David Rice, and
Chairman Emmett Glynn. Cynthia Nickerson represented herself before the Board. Also present was
Michael Karath, the occupant of the Family Apartment.
Ms. Nickerson gave a brief history explaining that in 1993, she and her father bought this house. In
January 1994, they were granted a Special Permit for the Family Apartment which was occupied [at that
time]b her father. When he died in 1995 Ms. Nickerson kerson did not want to see that 9
space o to waste so
P
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Y Modification of Family Apartment Special Permit No. 1994-03
Variance to Section 3-1.1(3)(D)Provision(g)-Occupancy by Family Members
she asked Michael Karath to move into the apartment. She stated she feels more secure knowing the
space is occupied and enjoys his companionship. Mr. Karath has been living there since May 1996 and
does not pay rent, but they do split the utilities. Ms. Nickerson stated it would be inconvenient to share her
kitchen as it is quite small. Ms. Nickerson reported the Family Apartment cost over$10,000 and she was
reluctant to now"destroy it".
The Board asked Ms. Nickerson if she had signed the annual affidavit as is required under Section 3-
1.13(D) Family Apartment Special Permit and she replied that she had in the beginning, but not after that.
The Building Commissioner reported there is an affidavit in his file from March 1994 for the original Family
Apartment. A letter and affidavit was sent in January 1998 and Ms. Nickerson responded that the Family
Apartment was occupied by"a friend" not a family member.
The Board asked the Applicant to demonstrate the variance conditions as required under MGL Chapter
40A, Section 10. Ms. Nickerson stated she does not intend to rent out the apartment. It is a good
financial situation for Mr. Karath and she feels secure with him there. He helps maintain the house. Ms.
Nickerson told the Board that she does not have a family member to live in the apartment as her father
was her last relative.
The Board reminded Ms. Nickerson that she could still rent out the basement(to lodgers) if she took out
the kitchen. She stated she knew that but thought she would try for a variance first. Ms. Nickerson stated
that if this relief is granted tonight and she is allowed to keep the Family Apartment that, if and when she
ever moved, she would tell the Town and remove the kitchen at that time.
The Building Commissioner told the Board the applicant is trying to legalize the property as a two family
dwelling with a Variance to the Family Apartment Special Permit and"he is opposed". She can have up
to three lodgers in this house.
Public Comments:
Paul Revere was concerned that this would constitute a commercial business(a rental business) in the
neighborhood. He was concerned that this would set a precedent. John Crosby told the Board that this
Family Apartment was originally occupied by Ms. Nickerson's father and that she is a good member of the
community. No one else spoke in favor or in opposition to this appeal. There are three letters of support
and one letter in support with limitations in the file.
Findings of Fact:
At the Hearing of April 29, 1998, the Board unanimously found the following findings of fact as related to
Appeal No. 1998-57:
1. The applicant is seeking a modification of Family Apartment Special Permit Number 1994-03 which
was granted to Cynthia Nickerson and was to be occupied by a family member(her father)Arnold
Nickerson. Mr. Nickerson did occupy the Family Apartment until he died in December 1995. The.
Family Apartment is currently occupied by Michael Karath.
2. The property in issue is addressed as 293 River View Lane, Centerville, MA as shown on Assessor's
Map 228, Parcel 188.
3. The Family Apartment-as it exists today-is not in compliance with the Zoning Ordinance. Therefore,
the applicant is seeking a Variance to Section 3-1.1(3)(D)(g)-Occupancy by Family Members.
4. Subsection (g) of Section 3-1.1(3)(D) of the Family Apartment provisions of the Zoning Ordinance
requires the Family Apartment to be occupied by members of the property owner's family only.
5. It is not the intention in the granting of a Family Apartment Special Permit to allow two family homes in
residential zoning districts.
6. To grant the relief requested would be a substantial detriment to the public good and would
substantially derogate from the intent or purpose of the Zoning Ordinance.
7. No variance conditions have been demonstrated as required pursuant to MGL Chapter 40A, Section
10.
2
Town of Barnstable-Zoning Board of Appeals-Decision and Notice
Modification of Family Apartment Special Permit No.1994-03
r Variance to Section 3-1.1(3)(D)Provision(g)-Occupancy by Family Members
Decision:
Based on the findings of fact, a motion was made and duly seconded to deny the relief being sought in
Appeal Number 1998-57.
The Vote was as follows:
AYE: Gene Burman, Gail Nightingale, Richard Boy, David Rice, and Chairman Emmett Glynn
NAY: None
Order:
Appeal Number 1998-67 has been denied.
Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty
(20) ys after the date of the filing of this decision. A copy of which must be filed in the office of the Town
Cler .
1998
Emmett Glynn, Chairman Date Signed
I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify
that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no
appeal of the decision has been filed in the o ce of the Town Clerk.
Signed and sealed this day of 8 un e p ns and penalties of perjury.
IV
Linda Hutchenrider, Town Clerk
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Description of the Reason for thfa Variance
The Zoning Board of Appeals approved a special permit for a family apartment at
293 River View Lane in Centerville in January 1994. My father, Arnold C.
Nickerson, who owned the house, lived in the apartment --in the home's walk-
out basement-- until he died on Dec. 31, 1995. The basement was mostly
finished off when we bought the home in July 1993, except for a good-sized
storeroom. We spent about$10,000 having the storeroom converted to a kitchen
so that we could live together in the house but each have our own space,
A few months after my father died I began thinking that it was a shame to let this
nice living area in the basement go to waste. I knew I couldn't legally rent the
space—and actually had no desire to become a landlady. In fact, because a
wealthy family in Colorado had once allowed me and a friend to live in their
carriage house for free, I was thrilled my circumstances now allowed me to do
the same,for someone else.
After considering different options, I invited Mike Karath, a friend from work, to
live in the basement. He accepted, moving in in May 1996. Before he moved in, I
mentioned our plans to several neighbors and no one raised any objections.
The living situation has worked out well, For Mike, it's a needed financial break--
free, except for splitting utility bills with me. I like having someone downstairs,
rather than having it sit empty. Mike also mows the lawn for me and has taken
care of my cat when I've been away. Then, too, he's been great company.
I expect that Mike would still live with me if the basement kitchen were removed,
but then he'd have to come upstairs to use my kitchen, which is on the small
side. It would be--to say the least-- inconvenient. I suspect one reason we've
been so simpatico for the past year and half is that our living quarters are totally
separate(well, almost totally the washer and dryer are in his bathroom, so I'm
in and out of his apartment a lot on Saturdays).
I hope you will see fit to allow me to keep the basement kitchen intact—for
Mike's sake now and perhaps for others in the future. i suspect that I might
eventually move to a smaller house. In that case, the basement would be
wonderful for another family that needs a family apartment. It makes me sad to
think of dismantling the kitchen when it can benefit people. Please be assured
that I have NO intention of ever renting this space and will notify the town if I ever
sell the house.
Thank you for hearing me out.
Sincerely,
TAE ZOMNG RELIEF 3=r,3OUWr EW
J TOWN OF BARNSTABLE E OD ByMM Z0 0
d eal OFFmcki TO
j Zoning Boar of App
�E APPROPRIATE RELIEF
Application to Petition for a 2kgMa-,—
ate Received For Office Use only:
Town Clerk office Appeal #
� Bearing Date
Decision Due
The undersigned hereby applies to the Zoning Board of Appeals for a variance from
the zoning ordinance., in the manner and for the reasons hereinafter set forth:
Petitioner Name: 1. YAla D► 01cic, 5'J Phone' 1 711.2qg
Petitioner Address: M i1lP+2 V ia-u LQV1e , Cftne-aylI16 0-243.2
1a ? �
Property Location: ,,�C-l1J' 121Vei �iF l-r^ vie , Can eay�I
Property Owner:. V111 6VLSU►-% I�Lte�'�t,a� `� � Phone 544g,
Address of owner: 50.bY`Q1
If etitioner differ differg from owner, _}s..tate-}-ynature of interest:
100TO fi
Number of Years owned: q 1 z veans
Assessor's Map/Parcel Number: M q10 .2 194v2 Igo
Zoning District: Id C C M--rn cr ►
Groundwater Overlay District: fe ! eCt dvN CVen Ia_y � S-rette-
Variance Requested: 3-- I• 1 .21ruyi
Cite Section & Title -f theiWing Ordinance
(` 'f 4 I Rg 4-pa ST111 i h
Description of variance Requested: J Ct, �'v2wti
e ct wit � eX c-e l" o f C �s I►S ►�� u Qs-T rt V
Description of the Reason and/or Need for the Variance:
t,eISQ S'ke e
Discription of Construction Activity (if applicable) :
Existing.Level of Development of the Property - Number of Buildings: I
(' � Q��Y2O�1'h+af�
Present Use(s) : SjYK,e"'Twynly ll kO Se. WA , Gross Floor Area: ft.
Proposed Gross Floor Area o e Added: ` , Alte ed: ),14�(�Lc'�
IorcSQm-�•�
Is this property subject to any other relief (Variance or Special Permit) om
the Zoning Board of Appeals? Yes No [j.
If Yes, please list appeal numbers or applicant's name q4 —03
l q44/ t�•e 1 6,00441 Ct .' ;�uvQitP aS, Ct'�
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oFTME The Town of Barnstable
�► Department of Health Safety and Environmental Services
,�,,,�„�W, : Building Division
1659. � 367 Main Street, Hyannis MA 02601
A
Office: 508-790-6227 Ralph M. Crossen
Fax: 508-790-6230 Building Commissione
January 21, 1998
The Nickerson Residence
293 Riverview Lane
Centerville, MA 02632
Re: Family Apartment located at the above address
Dear Mr./Ms. Nickerson,
Our records indicate you have not filed an affidavit regarding the above referenced family
apartment in quite some time. It is required under Section 3-1.1 (3) (D) (1) of the Town of
Barnstable Zoning Ordinance that an affidavit be submitted annually for the duration of
such occupancy. Please indicate the status of the family apartment on the enclosed affidavit
return to this office by February 15, 1998.
Enclosed is an affidavit for your convenience.
Thank you in advance,
Ralph Crossen
Building Commissioner
t-
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE,� ss: I ' AFFIDAVIT
I ' -� ��1�—� —� -!V (' � :eh-[AA) being on oath, depose
and state as follows:
reside at �-_�
2 . ) I am the owner of t e property located at
1I13t/)
shown on Barnstable Assessors ' Maps as :
Map - &g �--_._, Lot_ ,��
3 . ) On , �v �_� 1 the Zoning Board of
Appeals, on Appeal No. granted me a special
Permit to maintain a f—a ly" apartment�at the above address.
4 . ) I understand that the family apartment may only be
occupied by .members of my family who are persons related to
me by blood or by marriage .
5 . ) The following member' of my family will be the
sole occupant; of the family apartment at the above address:
(1) Name:_� —ktr c&cAA) _
Relat*�_l
o Owner:
(2) Name:_- A�)r�[ 11 ,ter P k
Relationship to Owner
6 . ) The family apartment will be the primary year-round residence for the above-identified family members.
7 . ) In the event that the above-listed relative(s)
vacate said apartment, I will immediately notify the
Building Commissioner in writing.
S. ) I understand that no subletting or subleasing of
said family apartment is permitted.
9. ) I understand that I am required to annually file
an Affidavit with the Building Commissioner listing the
names and relationship of my family members occupying said
family apartment .
10 . ) I understand that I am required to;.comply with
all conditions imposed by the Board of Appeals in Appeal No.
10 . ) I agree to immediately notify the Building
Commissioner in the event of the sale of the above-listed
Property .
Sworn to under the pains and
. _ day of -��I�. ,L 19 •penalties of perjury this
TOWN OF BAR 44::n&O-ad�_
NSTABLE (Signature)
BUILDINGDEPT. (Please Print Name) .
D MAR 21 4.
INC
t4' The Town of Barnstable
i )A)*&I& L Inspection Department
�0 Y►Y►' 367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
March 8, 1994
Mr. Arnold C. Nickerson
293 River. View. Lane
Centerville, MA 02632
Re: Appeals Number 1994-03
Dear Mr. Nickerson:
It is my understanding that, on January 19, 1994, as applicant you were
granted a special permit for a family apartment. Please note that the
decision must be recorded at the Registry of Deeds in order for the special
permit to be valid.
section 3-1.1(3) (D) (1) of the Town of Barnstable Zoning Ordinance
requires an affidavit reciting the names and family relationships among the
parties seeking approval to be signed prior to occupancy of the family
apartment and annually thereafter for the duration of such occupancy.
It is important that you understand that there are restrictions which
relate to the applicant's family living at the same premises. The use cannot
be transferred.
The required affidavit form is enclosed for your convenience. This form
should be completed and returned to this office as soon as possible.
Peace,
'-Joseph D. DaLuz.
Building commissioner
JDD/km
enclosure
F010191F
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A. ",TOWN OF BARNSTABLE _
ZONING BOARD OF APPEALS
DECISION AND NOTICE
Family Apartment Special Permit ygiEa.
Appeal No. 1994-03
Summary Granted with conditions
Appeal No. 1994-03
Applicant: Arnold C. Nickerson
Address: 293 River .View Lane, Centerville, MA 02632
Property owner: Nickerson Realty Trust (Arnold C.
Nickerson Cynthia D. Nickerson,Trustees)
Property Address: 293 River View Lane, Centerville, MA 02635
Assessor's Map/Parcel: 228-188
Zoning: 9RC (Residential C District)
Overlay District: AP (Aquifer Protection Overlay District)
Applicant's Request: Special Permit Section 3-'1.3(3) (C) Family
y Apartment, which references Section 3-
Procedural Provisions: Section 5-3.3: Special Permit. Provisions
Background Information:
This decision concerns the petition submitted by Arnold C. Nickerson,
requesting a Special Permit to allow a Family Apartment. The lot is
located in Centerville on the east side of the eastern portion of
Riverview Lane. The lot is served by public water, gas, and has, a
private septic system.
According to the Assessor's Records, 'the lot is 0.35 'acres, and is
developed with a one-story single-family ranch style dwelling with a
gross area of 1,240 sq. ft'. (first ,floor only).. The room configuration,
including the remodeled basement living area, contains 3 bedrooms and
2.5 Baths. The records indicate. the structure was built .in 1972.
According to the submitted application and . sketch plans, the family
apartment unit is mostly completed.., The family apartment is to be
occupied by the owner, with 'the main first floor to be, occupied by his '
daughter.
Procedural Summary:
The application was filed in the Offices of the Town,Clerk' and at the
Zoning Board of Appeals office on November 19, 1993. A public hearing
duly noticed under M.G.L. Chapter 40-A was opened on January 5, 1994, at
which time the - hearing was closed and a decision was rendered by the
Board. The •petition was heard by Board Members; ,Gail Nightingale,
Emmett Glynn,- Dexter Bliss, Richard Boy and Betty Nilsson.
-Mr. Nickerson represented himself during the proceedings. He �explained
that he and his."daughter occupied the structure and that he. lived in the
r
lower level of the dwellingin an unfinished -apartment-unit. He desired
to finish the kitchen within the lower level for his convenience.
The Board asked if he understood the requirements - of the Zoning
Ordinance for a family apartment and if he had reviewed the staff
report. Mr. Nickerson responded that he had and that he would abide by
all the conditions of the zoning ordinance and those suggested in the
staff report. He was questioned on the level of development in the
basement and the Board noted that he was before them at the request of
the Building Commissioner who had cited the development activity. The
question of the size arose and the board made it clear to Mr. Nickerson
that the unit is a family apartment and the development does not change
the single family nature of the dwelling. The apartment "unit is only'
occupied by a family member. -residing in the dwelling "and it is not
transferable.
Finding of Facts:
Based upon the evidence submitted and the Testimony given at the public
hearing on Appeal No. 1994-03, The Zoning Board of 'Appeals found the
following:
1. This appeal for a Family Apartment was directed to the zoning
Board of Appeals by the Building Commissioner, after he had been alerted
to potential infraction of the zoning ordinance . by construction
activities in-the lower 'level of the home.
2. The proposed family apartment u nit- will : occupy less than 50% of
the total gross area of the structures existing lower and first floor
area.
3 The applicant has agreed" to conform to''all conditions- of the . h
Zoning ordinance in development and maintenance� of the, family apartment
unit.
4 The family apartment unit and the dwelling are to be occupied by .
Mr, Nickerson and his daughter Ms. Nickerson:
The vote of the findings. was as follows: .
Aye: Betty Nilsson, Emmett Glynn, Dexter Bliss, Richard Boy
Nay: Gail Nightingale'
Conclusion:
Accordingly, based upon the findings, a motion was duly made and
seconded that" •Appeal No.- 1994-03 for a special ^ Permit for a -Family
"Apartment be granted-with Conditions °as stated herewith. .
The Board •.granting. this request for a Special Permit; imposes the
following conditions:
1. The family apartment shall be located on the walk-out basement
level and shall not occupy more than 1,017 gross sq., ft.
2. There shall be only one kitchen in the proposed family. apartment.
3. The issuance of this permit is subject to compliance with all
Health and Building Department requirements.
consecutive from the time of such vacation.
The vote was as follows:
Aye: Betty Nilsson, Emmett Glynn, Dexter Bliss, Richard Boy.
Nay: Gail Nightingale
Order:
Appeal No. 1994-03 for a special Permit for an Family Apartment has. been
granted with `Conditions. Appeals of this decision, if any, shall be
made pursuant to MGL Chapter 40A, section 17, and shall be filed within
twenty (20) days after the date .of the filing of this decision in the,
office of the Town Clerk..
c
,
Any person aggrieved by this decision may appeal to the Barnstable
Superior Court, as described in Section 17 "of Chapter 40A of ' the
General Laws of the Commonwealth of Massachusetts by bringing..an,
action within• twenty days of ter.,the'decision has been filed in the
office of the Town Clerk.
° Chairman ,
X J*A,IJV4.
I. Clerk of 'the Torn of Barnstable,
Barnstable County, Massach setts, hereby certify that twenty (20) days
have elapsed since the Board of Appeals rendered its decision in the
above entitled petition and that no, appeal of said decision has been
filed in the office of the Town Clerk.
Signed and Sealed this . �� day of 19�under
pains and penalties of perjury.
Distribution: t.� I
Property Owner
Town Clerk Town
Clerk ,
Applicant
Persons Interested
Building Inspector {
Pub lic. -Inf or--ac,on
Board of Appeals • M �
TOWN OF BARNSTABLE ;
ZONING BOARD OF APPEALS.
NOTICE OF"LIC HEARING
UNDER THE ZONING
ORDINANCE
MEETING OF WEDNESDAY,
JANUARY 05,1994 ,
To all persons deemed interested or of
fected by the Board of Appeals,under
Sec. 11 of Chap.40A of General Laws of
'the Con 6nweaith4MIissacliasettsand'
all amendments thereto,you are hereb
.notified that: m,
APPEAL NO. 1994-01 7:30 P.Mu
Joseph S.Cerretani has appealed to ih(`
Barnstable Zoning Board of Appeals fog
a Special Permit under Section,5-3.3 of�
the Zoning-Ordinance toypermit a non,,',,
conforming single family structure to be
expanded not in conformance with Sec
tion 3-1.4(5)Bulk Regulations,Side Yards'
Setbacks. The property is located at"+
Assessor's Map 034, Parcel 032, com-,
monly addressed as 978 Main Street,-
Cotuit,MA 02635 in arrRF,Residential
F Zoning District.
A PUBLIC HEARING WILL BE HELDr
ON THIS APPEAL AT7:30 P.M. '
APPEAL NO.1994-02 7:35 P.M.,
Joseph S. Cerretani has Petitioned the;. .
Barnstable Zoning Board of Appeals�for'.
a Variance to Section 3-1.4(5) of the t
Zoning Ordinances„Bulk,Regulations,
Side Yard Setbacks to permit an addition°
not in conformance with the required side
yard setback of 15 feet. The property is
located at Assessors Map 034, Parcel
032,commonly addressed as 978 Main.
Street,Cotuit,MA 02635 in an RF,Resi-
dential F Zoning District.
A PUBLIC HEARING WILL BE HELD
ON THIS PETITION AT 7:35 P.M.
APPEAL NO.1994-63, ' 8:00 P.M.
Arnold C..Nickerson has appealed to the
Barnstable Zoning Board of Appeals for
a Family Apartment Special Permit un-
der Section 3-1.3(3)'(C)of the Zoning
Ordinance to perrnit a 1,017 sq.ft.apart- ,
ment unit to be developed within the
existing dwelling. The property is lo-
cated at Ass6ssor's Map'228,Parcel 188,
commonly addressed as 293 River View
Lane,Centerville,MA 02632 in a RC,
Residential C Zoning,District.
A PUBLIC HEARING WILL BE HELD t
ON THIS APPEAL AT 8:00 P.M.
APPEAL NO.1994-04 8:15 P.M.
General Mills Restaurants,Inc.has ap-
pealed to the Barnstable Zoning Board of
Appeals under Section 3-3.6 of the Zon-
ing Ordinance foraConditional Use Spe-
cial Permit to permit an 8,356 sq.ft.,273 .
seat,Red Lobster Restaurant. The prop-
erty is located at Assessor's Map 294,
Parcel 042,commonly addressed as 1095
Iyanough Road (Route 132),'Hyannis, '
MA 02601 in a HB,Highway Business
and a B,Business Zoning District.
A PUBLIC HEARING WILL BE HELD
ON THIS APPEAL'AT 8:1.5 P.M.
APPEAL NO.1993-49 Remand 8:30P.M.
By Order of Remand,agreed to by the
Town of Barnstable, Zoning Board of
Appeal,Town Manager,and Mrs.Celina ;
Bouchard,the matter of Special Permit ;
Decision No. 1993-49, issued to Mrs.
Celina Bouchard to operate a 23 car com-
mercial parking.lot at Assessor's Map
327,Lots 249,250 and 258,commonly ;
addressed as 75 School Street,Hyannis,
MA, in a PR Professional Residential
Zoning District,shall be reconsidered.
A PUBLIC HEARING WILL BEHELD
ON THIS REMAND AT 8:30 P.M.
These hearings will be held in the Second
Floor Hearing Room,New Town Hall,
367 Main Street, Hyannis, Massachu-
setts on Wednesday evening,January 05,
1994. ;
RICHARD L.BOY,CHAIRMAN
ZONING BOARD OF APPEALS
The Barnstable Patriot
December 16&December 23,1993
:j .
a� tioned,
feet;
SOUTHEASTERLY, 6n a cur
forming
A Lane,a.
100(23
SOUTHERLY by Sylv
and 60,
WESTERLY by Lot
ninetee
NORTHERLY by land
plan,o
Being'shown as LOT4 BLOCK Bon plan�
as'Holly-Heights"in Centerville-Bamsta
porated Ed.Kellogg-Engineer Osterville
Barnstable County Registry of Deeds in
Together with a right of way over the wa
,others now or hereafter entitled thereto.
`For reference to title see deed to Mortga
`1985 and recorded with said Registry in
TERMS
Ten Thousand Dollars($10,000.00)shall
by the purchaser at the time and place of s;
the entire premises shall be paid by certifi
of Freedman&Bernard,896 Beacon Sin
Thirty(30)days from the date of sale.The
shall be required to sign a Memorandum o
at the Auction sale.
Said real estate will be sold subject to inter
municipal liens or assessments and all pri
any,and said personal property will be sot(
with respect thereto.
Other terms to be announced at the time
The postal address of the Mortgaged Prem
Centerville,Massachusetts.
First Eastern Mortgage Corporation,Pres
Mortgagee's Attorney:
FREEDMAN& BERNARD, 896 beaco
(617)247-0800.
Dated: December 14, 1993
The Barnstable Patriot
December 16,December 23&December
MORTGAGEE'S SAI
By virtue of and in execution ofthe power
by Marie St.Pierre and Robin M.White to
present holder,dated November 30, 1984
284 of the Registry of Deeds for Barns
Willimantic Drive,Marstons Mills;Coun
of conditions of said mortgage and forthe l
at public auction on January 20, 1994, ;
described in said mortgage:
the land in the Town of Barnstable,in th
-described as follows:
NORTHEASTERLY by Willi
SOUTHEASTERLY by Lot I
SOUTHWESTERLY by land
at, 125.0
NORTHWESTERLY by Lot I.
Containing 20,085 square feet.
Said lot is shown on the hereinafter mentio
All of said boundaries of the aforement
'Connecticut Village inMarstons Mills,Bar
ing Shubael Pond,owned and developed by
Joseph Coughlin and Adolphe Dugas,Scal
1960"which plan is recorded at the Barnsta
Page 97.
Together with the right to use the ways she
legally entitled thereto.
The above described premises are conveyed
and Vineyard Electric Company,et at dated
in Barnstable County Registry of Deeds, E
Willimantic Drive Book 1198,Page 454 an,
Page 944 in so far as the same are in effect
For title see the deed recorded herewith.
TERMS OF SALE: Minimum deposit of$5
check made payable to UNITED STATES D
thirty days. Time is of the essence. Deposit
Purchaserdoes not comply strictly with the to
to and with the benefit of all restrictions,ea,
titles,municipal or other public taxes,asses
liens,and existing encumbrances of record
not reference to such restrictions,easements
made in the deed. Other terms,if any,to
The Barnstable Patriot
December 16,December 23,&December
I✓Ak: k[2b loci. PAR: R[28 114.0L2
KcY : 1396?2 TAX CODE : 300 KcY : 14U369 TAX COD E :3UU KEY: 140519 TAX C0UE: 300
uJLDf4AN. JOANNE S dOLDERSUNi RALPH J 8 STRIKIS. ANDREJS R ANITA
7JJJ uEACH VIEW DRIVE CUhCURAN. HELEN F 35 RIVER VIEW LANE
N JAY VILLAUE FL '33141 -0009 2`�U RIVERVItW LANE CENTERVILLE MA 02632-000O �
CENTERVILLE F1A U2631-OQOU
PAk : R220 .173 . PAR: k[1c 1YO.,• PAR: R228 098.
KcY : 140ti').4 TAX CODE: 300 KEY: 14U?66 TAX CODE :3UO nKEY: 139633 TAX CODE: 300 ,
'u i3UCKLcYi JAMES , A "d BETTY " SIEWARTi `ERUCE E
M`cLLUi JOYCc
KLVU RK-IAN• 10YCE o� RIVERVIEW LANE BRUCE E ,STEWART -JR.'• 3AR RA
X _
3. MAIN -ST - CENTERVILLE MA U2o32-000U 60 RIVER VIEW LN , N.
CENTErtVILLE MA 02632-UUUO CENTERVILLE MA' 02632-0000
P.aR. K228 159.., PAR. it[1ti Uy1 .U0L PAR. °R228 C91.UU1
kcY : 140350' TAX -CODE: 306 KE.Ys 139638 ,.TAX . COD E :3 U0 KEY 139639 TAX CODE : 300
LAVALLEREP JA14ES A 0SANDRA DACEYi 8RIAN To TRUSTEE licILER. THOMAS F j.
3JU RIVER VIEW LANE kiVERVIEM LN NOMINEE TRUST CULLINAN. SHEILA M
CcNTE►lVIL`L`E MA 02632-0000 P U 6UX 95 P 0 3OX 771
CcNTEkVILLE MA UZo32-000U' HYA'N.� IS MA U2601:-.;000U
PAR • It22J 097. PAk: R4!-2c 158. PAR: R228 102.
KcY : 13 674 TAX CODE: 300, Kr-Y : ' 14U341 TAX CODE :3GU KEY,: ' 139118 TAX CODE:'300 '
AUELI WILLIAM 0 9 LAURIE A ULSANTIS . ANN P . � RJUNJ3 RICHARD , •T „
tiU RIVERViEa LANE lv5H LOP,ELAND ST LJUISE F 'ROUNDS +•
C�NTLkVILLE fMA 02632-0000 L GUIIvCY MA 02169-UCUU 22 R'IVER VIEW LAN
CENTc2VILlc - FiA 0263-2-0000
►. _ Y : 14U660 TAX CO DE: 3GO r -
wAkEINGf JUHN J t JOAN M
1J SUN DIAL PLACE Y;
F(tAMI U'HAM MA 1)1701-0001)
� THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
QUALITY ORIGINAL (S)
I A
m / �(�'CJ LI
DATA
• c
Parties in Interest Nickerson
F'Ah : R2Cd 064.
PAR : R228 063.
_ r . 13�3oL TAX CODE : 300.
KE'Y : 139353 TAX COVE • 30U. KtY:'. 139344 TAX CODE: 300
c LvLE . NiARJUkIE E SULLIVANP KATHERINE
jICHARD STEPH. N 37 riAUNLEN kDF C/O LOIS HOSMEk
_jutn .,JT
CLTttVILL"E MA i02632-060U 43 PINECREST kD
` 4— HOLLISTON MA 01746-0001)
r'AnK v -
-'PAR : rtC[ b U61 PAR:. R[2d 060.
26•,TAX CODC :3uU KEY. 139317 TAX CODE- 300 ,
13�� 3.) TAX C0DE . 300 KEY. 13y3
NtALY . LEONAkD G PUCC'IATTI . DANIEL
, .,r...� , . Jur" . E S kUTH V, r1EALY ANN PUCCIATTI
rAr �., i.' AN.vA d, � 75 AAUREEN D
of MAUkEEN RD R
r' �uK 1 7
,... :. t.. :�V1Lct _ "1A' 02o32—u0,7�0 CtNTtKVILLE - MA;�G2632—01iU0, � CEN7cRVILLE MA 02632-0000 `'
`` f'hit. KCLeS l04 PAk. R[2d 163. .F
r ♦rt : K4CO 1�1 . KEY: 140396 TAX CODE: 300
1 ,,u7-)3 TAX CODE : 300 KEY: 1404G,3 TAX CODr: :3UU
wNlTEntAO� CHAkLES ' F. rr : ' NUMc�' DONNA E :TR
•iA.y, ;YLVIA M " RIVERVIEW :LANE REALTY TRUST
�u� •314 wHITEHEAUi JEANNINE M 110 .RIVER A .VIEW LANE
, ( � c "1'A: 02055-0i700 C)4. RIVEk vIE;4 LANE
0679
i� CchTEkVILLE MA 0263•L—UUUO,` CENTERVILLE M .02632
� n iLL
193 PAR: Rt26'. 162.
r•;,rc • r+CL PA
N: R2Cb o 1�1 . hEY . 140742 TAX CODE :300 KEY:--. 140337 TAX COOE:300
13g7J9 TAX CODE: 30G -
FUkMANp SYLVIA M LUKE.- JOAN S-
.,JLiY . TrIJMAS J '114 550 -MIDDLE ROAD
P 6 u0 X - 000
- FL 33483 0
1AunLrh i� rCNULTY 0j' TERVILLE MA U265S-000U GULFJTR EAM
i nIVcRVltw LANE '
,Lrvtc •<VILLc MA 02632-0000
NAk : kCCc U93. PAR: R228 092.`"
c�cj 1a1 . KcY: 139647 TAX CODc" :300 '
t : 1 •.u37 ^ TAA CODE: 300 KEY: 13yo5o TAX CODE :-)UU
YALKLR, CHARLOTTE F LEONA:RDI GRACE L
uci.i h1COLE V b HANS S G73 kIVtR ViEN Llv 265 RIVER VIEW LANE
A i Vcr1J ILW LN dOX 373
` � � c ,�yi �cC IA U2bi2-000J Cz=NTcicVILIE MA 02o3Z-000U CcNTERVILLE MA 02632-0000
PAR:' R12d 039. 0
KcY: 139601 TAX
CODE: 30U
. = ROMAN 'CATHOLIC HIaHOP
m
OF FALL RIVER
.. MA UJ'000=OU00
5 ..» a4L D�� x t1s.G
PAk: R 2 2 d
#.; � 3 Y1.
Al
TOWN OF BARNSTABLE = _A
ZONING BOARD OF APPEALS :.
DECISION AND NOTICE
Family Apartment Special Pert `►d :_
Appeal No. 1994-03
Summary Granted with conditions
Appeal No. 1994-03
Applicant: Arnold C. Nickerson -
Address: 293 River view Lane, Centerville, ,MA 02632
Property owner: Nickerson Realty Trust .(Arnold C.
Nickerson & Cynthia D. Nickerson,Trustees)
Property Address: 293 River view Lane, Centerville, MA 02635
Assessors Map/Parcel: 228-188 -
Zoning: RC (Residential C District)
overlay District: AP (Aquifer Protection overlay District)
Applicants Request: Special Permit Section 3-1.3(3) (C) Family
Apartment, which.references Section 3-
Procedural Provisions: Section 5-3.3: special Permit Provisions
Background information:
This decision concerns the petition submitted by Arnold C. Nickerson,
requesting a Special Permit to allow a Family Apartment. The lot is :
located in Centerville on the east side . of the eastern portion of
Riverview Lane. The lot is served by public water, gas, . and has a
private septic system.
According to the Assessors Records, the lot is 0.35 acres, and is
developed with a one-story single-family ranch style dwelling with a
gross area of 1,240 sq. ft. (first floor only) .' The room configuration,
including the remodeled basement living area, contains 3 bedrooms and
2.5 Baths. The records .indicate the structure was built in 1972.
According to the submitted application and sketch plans, the family
apartment unit is mostly completed. _ The family apartment is to be
occupied by the owner, with the main first floor to be occupied by his "
daughter.
Procedural Summary: ,
The application was filed in the offices of the Town Clerk and at the
Zoning Board of Appeals office on November 19, 1993. A public hearing _ '
duly noticed. under M.G.L. Chapter 40-A was opened on January 5, 1994, at
which time the hearing was closed and a decision was rendered by the
Board. The petition . was, heard by.Board Members; sGail Nightingale,
• Emmett-Glynn, Dexter Bliss, Richard Boy and Betty Nilsson.
Mr. Nickerson ,represented himself •during the proceedings. He explained
that he and his daughter occupied the structure and that he lived in the
lower level of the dwelling in an unfinished apartment unit. He desired
to finish the kitchen within the lower level for his convenience.
The Board asked if he understood the requirements of the zoning
ordinance for a family apartment and if he had reviewed the staff
report. Mr. Nickerson responded that he had and that he would abide by
all the conditions of the Zoning ordinance and those suggested in the
staff report. He was questioned on the level of development in the
basement and the Board noted that he was before them at the request of
the Building commissioner who had cited the development activity. The
question of the size arose and the board made it clear to Mr. Nickerson
that the unit is a family apartment and the development does not change
the single family nature of the dwelling. The apartment unit is only
occupied by a family member residing in the dwelling and it is not
transferable.
Finding of Facts:
Based upon the evidence submitted and the. Testimony given at the public
hearing on Appeal No. 1994-03, The Zoning Board of Appeals found the
following:
r '
1. This appeal for a Family. Apartment was directed to the zoning .
Board of Appeals by the Building commissioner after he had been alerted
to potential infraction . of the Zoning ordinance by construction
activities. in the lower level of the home.
2. The proposed family apartment unit will occupy less than 50$ of
the total gross area of the structures existing lower and first floor,. -
area.
3 The applicant has agreed to conform , to all conditions of the
Zoning ordinance in development and maintenance of the family apartment
unit.
4 The family apartment unit and the dwelling are to be -occupied by
Mr, Nickerson and his daughter Ms. Nickerson.
The vote of the findings was as follows:
Aye: Betty Nilsson, Emmett Glynn, Dexter Bliss, Richard Boy
Nay: Gail Nightingale
conclusion:
- Accordingly, based upon the findings, a ` motion was duly made and
seconded that '.Appeal , No. 1994-03 for a Special Permit for "a Family
Apartment be granted with conditions as 'stated herewith.
The Board granting. •this request for a- Special Permit, imposes ahea
following conditions; g
1. The family apartment shall be 'located on the walk-out' basement
level and shall not occupy more than 1,017 gross sq. ft.
2. There shall be only one kitchen in the proposed family apartment.
3. The issuance of this permit is subject to, compliance with all'.
Health and Building Department requirements.
consecutive from the time of such vacation.
The vote was as follows:
Aye: Betty Nilsson, Emmett Glynn, Dexter Bliss, Richard Boy.
Nay: Gail Nightingale
Order:
Appeal No. 1994-03 for a Special Permit for a Family Apartment 'has been
granted with conditions. Appeals of this decision, if any, shall_.be
made pursuant to MGL chapter 40A, section 17'. and shall be filed within
twenty (20) days after the date of the filing of this decision in the
office of the Town clerk.
i
Any person aggrieved by this decision may appeal to the Barnstable
Superior Court, as described in' Section 17 of Chapter 40A of the
General Laws of the Commonwealth of Massachusetts by bringing-an
action within- twenty days after the decision has been filed in the
office of the Town Clerk. •
Chairman
I• ,Clerk of the 'Lowe of Barnstable,
Barnstable County, Massachusetts hereby •certify `thac twenty (20) days
have elapsed since the Board of Appeals rendered its decision in the
above entitled petition and that ao appeal of said decision has been
filed in the office of the Town Clerk.
Signed and Sealed this 6 day o Ly�under
pains and penalties of perjury.
istribution:
Property Owner
Town Clerk 'Lawn Cleric .
Applicant .
Persons Lnteresced
Building •Lnspec.or,,
Public Info=^-ation
Board of Appeals
TOWN OF BARNSTABLE
ZONINGAOARD•OF APPEALS ,
NOTICE OF PUBLIC HEARING'.
UNDER THE ZONING
ORDINANCE .
MEETING OF WEDNESDAY,
JANUARY 05,1994
w
To all persons deemedinterested or af;:'
fected by the Board of Appeals, under
Sgc. I I of Chap.46A ol'General Laws of:
t` bCorrMMweatth f.Mas§achusettsarilP E
-411 amendments t!ereto,you are herebys I
notified that:
APPEAL NO. 1994-01 7:30 PAVII
Joseph&Cerretani has appealed to the`
Barnstable Zoning Board of Appeals for. h
a Special Permit under Section 5-3.3 ofM
the Zoning Ordinance to permit a nonM�-
conforming single family structure to be� \ `
\\
expanded not in conformance with Sec=''
tion 3-1.4(5)Bulk Regulations,Side Yard
Setbacks. The property is located at-
Assessor's Map 034, Parcel 032, com,y
monly addressed as 978 Main Street;,
Cotuit,MA.02635 in an RF,Residential:
F Zoning District..
A PUBLIC HEARING WILL BE HELD.
ON THIS APPEAL AT 7:30 P.M
APPEAL NO.1994-02 7:35 P.M:;,'
Joseph S. Cerretani has Petitioned the
Barnstable Zoning Board of Appeals for
a.Variance;to Section'3-1.4(5)-of the,
Zoning. Ordinance,-Bulk Regulations -
Side Yard'Setbacks to permit an additioi$
not in conformance with the required side'<
Yard setback of 15 feet. The property is
located at Assessor's Map 034, Parcel
032,commonly addressed as 978 Main.,
Street,Cotuit,MA 02635 in an RF;Resi-
dentialF Zoning District.
A PUBLIC HEARING WILL BE HELD '
ON THIS PETITION AT 7:35 P.M.
APPEALNO.1994-03 8:00P.M.
Arnold C.Nickerson has appealed to the
Barnstable Zoning Board of Appeals for "
a Family Apartment Special Permit un-
der Section 3-1.3(3)(C)of the Zoning''
Ordinance to permit a 1,017 sq.ft.apart- y
ment unit to.be developed within the In tr
existing dwelling. The property is lo- Christrna
cated at Assessor's Map 228,Parcel 188,
commonly addressed as 293 River View : Promen
Lane,Centerville,MA 02632 in a RC,
Residential C Zoning'District.
A PUBLIC HEARING WILL BE HELD
ON THIS APPEAL_AT 8:00 P.M.
APPEAL NO.1994-04 8:15 P.M. ;
General Mills Restaurants,Inc.has aP7 Rl
pealed to the Barnstable Zoning Board of
Appeals under Section 3-3.6 of the Zon-
ing Ordinance for a Conditional Use Spe-
cial Permit to permit an 8,356 sq..ft.,273 jte
seat,Red Lobster Restaurant. The prop- ; l
erty isIocated at Assessor's'Map 294, PUL
Parcel 042,commonly addressed as 1095 L
lyanough Road (Route 132), Hyannis, Fo
MA 02601 in a HB,,Highway Business
and a B,Business Zoning District.
A PUBLIC HEARING WILL BE HELD by The Bar
ON THIS APPEAL AT 8:15 P.M.
APPEAL NO.1993-49 Remand 8:30 P.M.
By Order of Remand,agreed to by the ; 712 Main Str
Town-of'Barnstable,Zoning Board of ? Terms
Appeal,Town Manager,and Mrs.Celina
Bouchard,the matter of Special Permit ' Barb
Decision No.'1993-49, issued to Mrs.
Celina Bouchard to operate a 23 car com- T
mercial parking lot at Assessor's Map Edw'
327,Lots 249,250 and 258,commonly Melissa W.
addressed as 75 School Street,'Hyannis, Lucinda S.Ha.
MA, in a PR Professional Residential Barbara E
Zoning District,shall be reconsidered. Janine L
A PUBLIC HEARING WILL BE HELD ?
ON THIS REMAND AT.8:30 P.M. Second Class P
These hearings will be held in the Second We assume no financ
Floor Hearing Room,New Town Hall, advertisements,but w
367 Main Street, Hyannis,Massachu- in
setts on Wednesday evening,January 05,
1994. Member New England.
RICHARD L.BOY;CHAIRMAN Office:712 Main Str,
ZONING BOARD OF APPEALS POSTMAS'
The Barnstable Patriot THE%
December 16&December.23,1993 P.O..Box
a
i
F
tioned, o
feet;
stay SOUTHEASTERLY on a cury
olo- forming
cean Lane,as s
Fe and 100(23.3
a New SOUTHERLY by Sylvia
ere are and 60/10
Certain- WESTERLY by Lot 3,
nineteen a
topping
NORTHERLY ; by land of
Plans,one_I
Pendrer, Being shown as LOT4 BLOCK B on plan of I
uchenan, as'Holly-Heights'in Centerville-Barnstable-
porated Ed.Kellogg-Engineer Osterville-
Barnstable County Registry of Deeds in Pla
e also is Together with a right of way over the ways a
elebrity's7 others now or hereafter entitled thereto.
ht erurse For reference to title see deed to Mortgagor
St. Maar- 1985 and recorded with said Registry in Bo
e and-�St. TERMS O
f, Ten Thousand Dollars($10,000.00)shall be
by the purchaser at the time and place of sale
the entire premises shall be paid by certified
of Freedman&Bernard,896 Beacon Street
Thirty(30)days from the date of sale.The su
shall be required to sign a Memorandum of I
at the Auction sale.
Said'real estate will be sold subject to inter al
municipal liens or assessments and all prior
any,and said personal property will be sold s
with respect thereto.
Other terms to be announced at the time an(
The postal address of the Mortgaged Premise
Y.
Centerville,Massachusetts.
t; First Eastern Mortgage Corporation,Presen
Mortgagee's Attorney:
FREEDMAN&BERNARD, 896 Beacon
Photo (617)247-0800.
Dated: December 14, 1993
t,Hyannis,
The Barnstable.Patriot
December 16,December 23&December 3
MORTGAGEE'S SALF
By virtue of and in execution of the power of
by Marie St.Pierre and Robin M.White to tt
present holder,dated November 30, 1984 a
284 of the Registry of Deeds for Bamsta
Willimantic Drive,Mansions Mills,County
of conditions of said mortgage and for the pu
k at public auction on January 20, 1994, at
described in said mortgage:
the land in the Town of Barnstable,in the
described as follows:
NORTHEASTERLY by Willi
F - SOUTHEASTERLY by Lot 1
SOUTHWESTERLY by land
al, 125.0
NORTHWESTERLY by Lot 1
Containing 20,085 square feet.
V. Said lot is shown on the hereinafter menti
All of said boundaries of the aforemen
J 't "Connecticut Village in Marstons Mills,Ba
ing Shubael Pond,owned and developed by
Joseph Coughlin and Adolphe Dugas,Sea
1960"which plan is recorded at the Barns
• Page 97.
Together with the right to use the ways sl
® legally entitled thereto.
nside,Guys. '- The above described premises are conveye
e NYNEX and Vineyard Electric Company,et al date
in Barnstable County Registry of Deeds,
Pages ,+ Willimantic Drive Book 1198,Page 454
Page 944 in so far as the same are in effe
11 keep• For title see the deed recorded herewith.
1— TERMS OF SALE: Minimum deposit of
me 1 l check made payable to UNITED STATES
thirty days. Time is of the essence. Depos
Purchaser does not comply strictly with the
to and with the benefit of all restrictions,
titles municipal or other public taxes,as
liens,and existing encumbrances of recor
not reference to such restrictions,easemen
made in the deed. Other terms,if any,to
ion '
how # '
The Barnstable Patriot
December 16,December 23,&Decemb
' N �rl: rcZ :d U�Y. NAk • ke2b 166. PAR: R[28 174.0L1
Kc- Y : f39692 T-AX CODE : 300 KLY : 14U369 TAX CODE :3UU KEY: 140519 TAX CODE: 300
- -uJLUi1AN. ' J UANN.E S 6OLDERSUN. RALPH J 6
STRIKIS. ANDREJS R 3 ANITA
75JJ`,uEACH' VrEW DRIVE CUhCURAN . HELEN F 35 RIVER VIEW LANE
N jAT"VILL`AJE " FL 33141 -0009 2`�U NIVERVILW LANE CENTERVILLE MA 02632-0000
CENTERVILLE ILIA U2632-000U
3 -
PAk : K223 113 . PAN: R[1C 1yo. PAR: R228 098.
' CODE: 300
KEY :T . 14Uv-)4 TAX. CODE: 300 &EY : 14LJ?66 TAX CODE :3UU KEY: 139633 TAX
" ._ -MELLO. -J0YCE UUCKLEY. JAMES A b bETTY STEWART. PRUCE E i
X KLVURKIAN. J0YCF 0..) RIVERVIEW -LANE aRUCE E STEWART JR. 9ARBARA
3� MAIN STD CENTERVILLEMA 62032—DUUU 6J RIVER VIEW LN
CENTEitV1LLE MA 02632—U000 CENTERVILLE MA U2632-0000
P`'aR: k228 159. PAN: k2e8 U91 .UUL PAR: R228 C41 .UU1
14.0350• TAX C0DE: 306 KEY: 13963b TAX CODE :SUO KEY: 139629 TAX CODE : 300
CA,VALLEyRE. JAMES A K SAN"DRA DACEY.. 8RIAN T.: TRUSTEE GEILER, THOMAS F 3 r �
3�JU RIVER VIEW LANE , kIVERVIEW LN NOMINEE. TkUST CULLINAN. SHEILA h
CENTERVILLE MA 02632,-0000 P U 6UX 95 P 0 3OX 7.71
C04TERVILLE MA U2o32-000U HYAN.AIS MA U2601-000U
PAR RZ?a U�7. • 'PAh: _kLLB 158. PAR: R228 102.
KEY : 139o74 TAk CODE: 300 KEY : 14U341 TAX COD E : 3UU KEY: 139118 TAX_ .CUDE: 3OU
A',jEL. W1LLlAM 0 L.AURIE A - ULSANTISo ANN P RJUNJ:ir RICHARD T
v� h1VEr2VIE� LANE 1y5H LOP ELAND ST LJUISE F ROUNDS
CcNTLkVILLE MA U2632-11000 .:UINCY . MA 02169-0000 22 RIVER VIEW LANE
CENTC-IYILLc F..A 02632-0000
Pafc : rt�2cs 137.
=Y :k, 14Ub.,0 TA.X C0DE : 3(;U
w�1hE1j4G" JUHN J J 0 A N M
1.J 'SU UiaL PLACE
FriAAIirJHAM MA 131701700101) � t '
THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
QUALITY ORIGINALS)
M A
/ � "- IL
DATA
Parties in Interest Nickerson
PAk R2Ld 064. PAR : R223 063.
c�L J UJ5 . KEY: 135344 TAX CODE: 300
r : 1 S�"3:,' TAX CODE - 3JJ &EY : - 139353 TAX CODE : 3U0
c COLE , MARJUkIE E SULLIVANP KAThERINE
LLY ;" tlC11A t0 STEPH, t� C/O LOIS HOSMEk
..Jvin ;T �7 ,riAUkE= EN kD
r'AmK '�Y 11374—Ii0(jii CcMTLKVILLt Mk U2o32-000U EST kD
HOLL13T0N MA 01746-0000
PAk: rtcLb U61. PAR: R22d OoO.
z r KEY: 139317 TAX CODE: 300
TAX CODE: 300 KEY: 1 .Y�26 TAX _ CODE :3U0
NcALY.. LEOtvAk� G PUCCIATTI . DANIEL
r s ANN PUCCIA"TTI
I�r'iin 1� AN.YA cc ktJiH V riEALY
o7 MAUkEEN RD 75 MAUREEN RD
1, cV1LL`t MA 72o32-60.3J CtNTEttVILLE. MA U2632-000U CENTcr2VILLt MA 02632-0000
1 NMH. K2tl7 104 PAR: Rt2d 163
r'.irt : ►c[Lo : 140396 TAX CODE: 300
14u733 TAX C0Dc : 300 KEY: 140463 TAX CODE :300 .
wHITEnEADi ' GHAkLES F HUME, DONNA E TR
t •j,,rlriY. SYLVI A M RIVCRVIc�I LANE REALTY TRUST
j ' .jJA . 314 wHiTEHEAD. JEANNItiE M * . 110 ,RIVER VIEW LANE
, f . rtJlLLc-� MA 02655-0000 e)4 RIVEk VIES! LANE
CchTEkViLLE MA 02632-000O CENTERVILLE" MA 02632-0679
PAk: R2tb 193. -PAR: R42d 162.
rAx ►c[[a 1U1 . KcY: 140.337 TAX CODE:300
1397J9 TAX CO'DE: 300 KEY: 140742 TAX CODE :300
FUkMANP SYLVIA M LUKE, JOAN S a
r, -,JLTY .:' Tn�MAi J P G uU�c 314 530 r1IDDLE ROAD
A toCNULTY
i , n! r/cRV1cw . LAhE - U5TERVILLF_ MA. 02655-vGUU `' GULF_iTREAM FL^ 33483-0000
LnTcxVILLL MA 0 2 6 3 2—d 0 0 0
P"Ak: kLLC U9� PAR: R228 092.
1v1,. KcY: 139647 TAX CODE: 300
_r .1 , 37,t TAX C0DE• 300 KEY: 13;+u5o TAX CODt :3UU
c YAI,KErt� `CHARLOTTE' F LcONAID. GRACE L
;_ ,,'„Lr n, hlCOL _- V d HANS S 235 RIVER VIEW LANE
itiVcr( 'JILw LV d0X 373 27� kIVtR VlEb1 LN.
, IL .1VILLC• IA 02G32-0600 CcNTEkVILLE MA U2o32-000U CcNTERVILLE MA 02632-0000
'
PAR: R22,i 019.
S
KcY: 139601 TAX CODE: 30U
ROMAN CATHCLIC UISHOP
l OF FALL RIVER
MA OJUOO-0000
R226 6o5
S
The Town of Barnstable
L AlIf7►lLi : Inspection Department
� r►.r. y
367 Main Street, Hyannis, MA 02601
�0 Y►Y►'
508-790-6227 Joseph D. DaLuz
Building Commissioner
TO: Warren J. Rutherford, Town Manager
FROM: Joseph D. DaLuz, Building Commissioner
SUBJECT: Rohrbach Inquiry/Nickerson
A=228 188 293 Riverview Ln. , Centerville
DATE: November 5, 1993
The original complaint was acted upon within forty eight
(48) hours of receipt. The usual procedure is to send a
certified letter outlining the allegation with a request for
a reply within fourteen ( 14 ) days. This was done.
Mr. Nickerson did come to the office. At the time he was
very irate and very emotional. He was very vocal and
expressed his displeasure with our attempts to infringe upon
his rights in his own home. Mr. Nickerson's wife is
confined to a. nursing home and I am sure that the situation
is stressful and does affect his ability to stay calm.
As to the question of a building permit the State Building
Code Section 113.3 clearly states: "Application for a
permit shall be made by the owner of the building or
structure . . . . . . . . . . . . " .
Since Mr. Nickerson was adamant that he was not living in
"NAZI GERMANY" he could do as he pleased. Nevertheless,
after several meetings with Mr. Nickerson and speaking with
his daughter an understanding of zoning was reached-"and he
indicated that he would file an application with the Zoning
Board of Appeals for a' Family Apartment.
Under the circumstances I believe thirty (30) days was not
an unusually long period of time to achieve an
understanding. It is not my policy to threaten residents
and taxpayers to enforce the Zoning Ordinance if the same
conclusion can be achieved with courtesy and understanding.
Warren J. Rutherford
November 5, 1993
Page 2.
Prior to the issuance of Building Permits zoning is
addressed. That is a BASIC when processing applications.
',A,ISTA .L; The Town of Barnstable
►G , Inspection Department
16
kill
367 Main Street, Hyannis, MA 02601
�e r.
508-790-6227 Joseph D. DaLuz
Building Commissioner
October 13, 1993
Mr. Arnold Nickerson
293 Riverview Lane
Centerville, MA 02632
RE: A=228 188
293 Riverview Lane, Centerville 4,
Dear Mr. Nickerson:
Thank you for your prompt response to my letter dated
September 17, 1993 re the kitchen in the basement area of
your dwelling. However, the issue of a second kitchen in
the dwelling must be resolved to the satisfaction of this
department.
Please contact me and arrange for an appointment to discuss
the matter at a time that is convenient for you. May I
suggest that you ask Cynthia Nickerson to accompany you
since both of you reside in the dwelling.
Peace,
Jse'ph D. DaLu
Building Commissioner
JDD/gr
i
r UNITED STATES POSTAL SERVICE
Official Business PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE,$300
I,
tl
I;p
Print your name, address and ZIP Code here
'j Gloria M. Urenas
Zoning Enforcement Officer
II TOWN OF BARNSTABLE
I,! 367 Main Street
Hyannis, MA 02601
i
4 I
's
r,.
41 SENDER:
�� • Complete items 1 and/or 2 for additional services. I also wish to receive the
N Complete items 3,and 4a&b. following services (for an extra
•rPrint your name and address on the reverse of this form so that we can V
fee)'
4) return this card to you. .i
y • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address N
does not permit. f,
t -,,Write"Return Receipt Requested"on the mailpiece below the article number. 0
• The Return Receipt will show to whom the article was delivered and the date 2. El Delivery
c delivered. Consult postmaster for fee.
-o 3. Article Addressed to: 4a. Article Number cc
P 345 496 420
!� Mr. Arnold Nickerson
co 4b. Service Type
�Q�;Riverview Lane ❑ Registered ❑ Insuredcc
I0 Centerville, MA 02632 cm
Certified EICOD 5
Im
LU ❑ Express Mail ❑ Return Receipt for 00
p� Merchandise
7. Date of Q Delivery
' l��g/9� o
` o
Z T
S' at a (Addre a `8. Addres e`e's Address (Only if requested Y
_ and fee is paid)
M 6. Signature (Agent) ~
yPS Form 3811, December 1991 *U.S.GPO:1992-323-402 DOMESTIC RETURN RECEIPT
P '.345 49 420
;> Receipt•.fdr- .. -
Certiied 1Vlai1't
No Insurance Coverage Provided
�;voS—SE Do not use for International Mail
(See Reverse)
--e-
Sent to
Mr. Arnold Nickerson
Street and No.
313 Riverview Lane
P.O.,State and ZIP Code
Centerville, MA 02632
Postage --- $
--
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
(y) to Whom&Date Delivered
a) Return Receipt Showing to Whom,
c Date,and Addressee's Address
7
I TOTAL Postage
c &Fees
0 Postmark or Date
M
E
0
LL
CL
a
STICK POSTAGE STAMPS TO ARTIGcE TO COVER FIRST CLASS POSTAGE,
CERTIFIED 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
r leaving the receipt attached and present the article at a post office service window or hand it to
I your rural carrier(no extra charge).
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return
address of the article,date,detach and retain the receipt,and mail the article. r m
3. If you want a return receipt,write the certified mail number and your name and address on a 6)
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 RETURN RECEIPT) e
REQUESTED adjacent to the number. 1`
I 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M `
endorse RESTRICTED DELIVERY on the front of the article.
k5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If U k
@ return receipt is requested,check the applicable blocks in item 1 of Form 3811. a'
!� 6. Save this receipt and present it if you make inquiry. *U.S.GPO:1991-302-916
... � The Town of Barnstable
.... Inspection Department
367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
September 17, 1993
Mr. Arnold Nickerson
a —,343° Riverview Lane
Centerville, MA 02632
RE: A=228 188
313 Riverview Lane, Centerville
Dear Mr. Nickerson:
This office is in receipt of a complaint alleging that there
is an apartment in the basement area of your dwelling
located at 313 Riverview Lane.
Records in the Town of Barnstable Assessor's office indicate
that there is a finished room in the basement area.
However, this office has no permits to authorize the
installation of the alleged kitchen in the basement area.
Family apartments are permitted with a Special Permit from
the Zoning Board of Appeals. There is no record of a
Special Permit in the Zoning Board of Appeals office to
authorize a family apartment.
Please contact this office immediately re the above matter.
Very truly ours,
Gloria M. Urenas
Zoning Enforcement Officer
GMU/gr
7`
cc: Town Manager
' R.Schernig, Director of Planning
D
CERTIFIED MAIL: P345 496 420 R.R.R.
- TOWN OF BARNSTABLE
BUILDING DEPARTMENT
COMPLAINV INQUIRY REPORT
Date 1 /5�/c Rec'd By �� Assessor's No.
Last Name ✓f/may First Name ��
6v �
ORIGINATOR Street 3
Village C� State ,/& Zip
Telephoner Home Work
Description:
�.y� M/ \
_ COMPLAINT
INQUIRY
�155� z A.
Requestor's Signature G
COMPLAINT Street Address a/3
LOCATION
A=
OFFICE USE ONLY
INSPECTOR'S Date Inspector
ACTION/ f
COMMENTS q / s •l
/-.9/(? r '
FOLLOW-UP
ACTION
ADDITIONAL
INFO. ATTACHED
COPY DISTRIBUTION: WHITE - DEPARTMENT FILE YELLOW - INSPECTOR
PINK - INSPECTOR (RETURN TO OFFICE MGR.)
MZSC1
9/,a a� i
9a
d V �� Lees
�� �
POSTAL PATRON LOCAL
n I BULK RATE
U.S. POSTAGE
PAID
PENNYSAVERINC.
G CARRIER ROUTE
1 8OfL��Y � PRESORT
91
FTCl
FtE
,._ J
N_ S REQUIRE THAT THIS ADDRESS CARD BE DELIVERED
J Q�
E PAID MAIL. IF YOU SHOULD RECEIVE THIS CARD
PLEASE NOTIFY YOUR LOCAL POSTMASTER , ��
� .. UST
<a
S. I
TWA.
. THIN!
TRY ONE AT REGULAR PRICE AND GET
TWISTY BREAD;FREE!... - MOM
.
Crispy,crackly,crunchrageous pizza
ITS and an order of delicious Twisty Bread-WOW!
THERE'S ALWAYS
September 20, 1993
Gloria M. Urenas
Zoning Enforcement Office-
Town of Barnstable
367 Main Street -
Hyannis, MA 02601
RE: Kitchen being installed at 293 River View-Lane
Centerville, in the basement area.
Dear Ms Urenas:
On September 16, 1993, it was reported to the Building
Commissioner, Joseph Daluz, by Planning Director, Robert P.
Schernig, that a kitchen was being installed in the basement
area of a home located at 293 River View Lane, Centerville.
The records of the Zoning Board of :Appeals indicate that no
Special Permit for a family apartment unit-has been applied
for or issued by them.
I received two (2) calls from your department, one from you
asking me the location of the home at 293 River View Lane, s
in proximity to my home, and a second call from Mr. Martin
of your department, asking me for the address of the home
where the work was being performed.. Both calls were
responded to with the correct information and address.
I was informed by Mr. 'Schernig that no permits were issued
by the Building Commissioner or his authorized agent for
work to be performed 'at 293 River View Lane, Centerville.
On September 17, 1993, you 'addressed a• letter to Mr. Arnold
Nickerson, 313 _River View Lane Centerville, a 'wrong address.
Please be advised that no family apartment unit or finished
room, exists at 313 River View Lane, Centerville, in the
basement area. The basement is maintained in the more
traditional manner; washing machine and dryer, furnace and
hot water heater, storage of garden tools and outdoor summer
furniture, and just plain stuff. Your inspection of the
premises is welcomed.
The records of the Town of Barnstable Assessors office
indicate that there is a finished ,area in the basement of
the home located at 293 River View Lane, Centerville,
formerly owned by James Green and now' owned by Arnold and
Cynthia Nickerson.
This is the address where the work is being performed, and
the kitchen is being installed.
Please be advised that I have no objection to the- creation .
of a family unit at 293 River View Lane, Centerville, for
use by Mr. Nickerson. I do request that a Special Permit be
applied for from the Town of Barnstable Zoning Board of
Appeals, in compliance with the Town of Barnstable Zoning
Ordinance, for permission to do this work.
Thank you for your speedy attention-to this matter. . ,
Sheila C. Geiler
313 River View Lane
Centerville, MA 02632
c: Warren J. Rutherford, Town Manager
Robert P. Schernig, Planning Director
6' = The Town of Barnstable
'"" & ' Inspection Department
i619 367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
September 23, 1993
Mrs. Sheila C. Geiler
313 Riverview Lane
Centerville, MA 02632
RE: A=228 188 293 Riverview Lane, Centerville
Owner: Arnold Nickerson
Dear Mrs. Geiler:
This office is in receipt of your letter dated September 20,
1993.
I accepted the original complaint from Mr. Schernig, via
telephone, on September 15th. We do have available a
complaint/inquiry form to be filled out by the complainant
in order to avoid errors.
Please be advised that Mr. Nickerson has accepted his
certified letter that was incorrectly addressed to 313
Riverview Lane, Centerville. Mr. Nickerson has spoken, in
person, with Mr. DaLuz regarding the use of the lower level
of his home. The Commissioner has taken the matter under
advisement. You will be notified of the outcome.
I apologize for any inconvenience the clerical error may
have caused.
Very truly yours,
Gloria M. Urenas
Zoning Enforcement Officer
GMU/gr
cc: Warren J. Rutherford, Town Manager
Robert P. Schernig, Planning Director
TOWN OF BARNSTABLE
BUILDING DEPARTMENT
COMPLAINT/INQUIRY REPORT
Date d Rec'd By Assessor's No.
Last Name First Name
ORIGINATOR Street
Village S to zip
Telephone Home Work
Description:-
COMPLAINT
GLPCe4
INQUIRY fs
G
Requestor's Signature
COMPLAINT Street Address
LOCATION
A=
OFFICE USE ONLY
INSPECTOR'S Date �d Ins ector
ACTION/
COMMENTS . _
0
FOLLOW-UP G 7c✓. �l 2�
ACTION
ADDITIONAL Q
INFO. ATTACHED G �1G �1�Z,-
COPY DISTRIBUTION: WHITE - DEPARTMENT FILE YELLOW - INSPECTOR
PINK - INSPECTOR (RETURN TO OFFICE MGR.) "
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----MAILING
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RRRN, j ARES R i Ay AREA 47 Cn JV AT6 00; 0
+ _ _ RIVER 1E< Ll ; t T ..;a
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-----LEGAL DESCRIPTION---- TRUE MKT 422900 REA CLASSIFIEDCLASSIFIEDtt66 FIED
tr�Nei 1. O 00 ASO END 30600 ASD
MP 92300
SD OT q
r:,P )O �'). ' y�— 92,300DESCRIPTION TAX CURRENT R R y 'C r".°X: TAXABLE
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NFL 293 R+s VE.RVIEins` LANE TAX EXEMFT
r%+1..: LOT 5203,.. k.E .1 ';E`1 1 L 122900 122900 122900
v! .!t F!S 1 24 ;r tf ,3+'L,s:C''t't.= .= OPEN SPACE
INDUSTRIAL
EXEMPTIONS
R228 08 A F P R A I S A E D A T A KEY 140699
L• A00 WIFE 'IFS URES BUILDINGS NUMBER ZNIFL=RC
30,600 92,300 1 A-COST 122,900
BY oo/ BY /00 C-INCOME
FCA=1011 PCWo SIZE= 1200 JUST-fir`AL 10,900
LEV=300 CoNsi-C
----COPFARISON TO CONTROL AREA 49CO -----------------------------
NEIGHBORHOOD 49CB CENTERVILLE
PARCEL CONTROL AREA TREND STANDARD
i 0 LAND-TYPE'
30600 iAND-MEAN +0%
122900 103087 IMPROVED-MEAN -10% 26%
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100 VEPTHIACRES !ABLE 02
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LNR LAND LFT1IMF ADqSISSIFEAT STR STRUCTURE ARR ARE A-WASUREMENTS NOR NOTES
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Host:GAS MJ! LtSz:.46 c KT: L1 19X6 Most:'01L MW LtSz:.54 r KT: L1 11X15 Heat:GAS HW L'tSz:.36
Witt: TONMt MISch:DRIVE FR: L1 22X10 tr: TOWN MIBch:3 ; FR: Yib tr: TOWN M1Bch:1 ;
Sewr: PRIV Age: MB: L2 33X12.9 Sewr: PRIV Ape: MB: L2 12X15 . Sewr: PRIV. Ape: 1-2
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The Town of Barnstable
...� Inspection Department
367 Main Street, Hyannis, MA 02601
508-790-6227 Joseph D. DaLuz
Building Commissioner
TO: Warren J. Rutherford, Town Manager
FROM: Joseph D. DaLuz, Building Commissioner
SUBJECT: Arnold Nickerson, A=228.188
293 Riverview Lane, Centerville
DATE: October 19, 1993
The following report is offered in response to your request for
information regarding the investigation of the above referenced
complaint.
9/15/93 Telephone call received from Robert Schernig re 293
Riverview Drive, Centerville. He questioned the existence
of a family apartment. No ZBA approval on record. (see
enclosure 1)
9/16/93 Telephone conversation between Inspector Bearse and Mr. St.
Peter, Contractor (see enclosure 2) .
9/17/93 certified letter sent to Arnold Nickerson. (see
enclosure 3)
9/20/93 Inspector Bearse visited site at 11:35 a.m. (see
enclosure 4)
Letter received from Sheila Geiler re kitchen installation
at 293 Riverview Lane. (see enclosure 5)
9/21/93. Mr. Nickerson in office and met with Mr. DaLuz regarding the
letter he had received.
9/23/93 Letter sent to Mrs. Geiler regarding an incorrectly
addressed letter sent to Mr. Nickerson. (see enclosure 6)
it
10/4/93 .Anonymous complaint received re 293 Riverview Lane,
Centerville. (see enclosure 7)
Mrs. . Urenas attempted site visit. No one was home. she
spoke with Mrs. Geiler who said workmen were there all day
9/30/93.
M931019A
SJ -
.4
Warren J. Rutherford, Town Manager
October 19, 1993
Page 2
10/5/93 Mrs. Urenas spoke with Mr. Martin who reported that Mr. St.
Peter was to get back to him regarding the plumber and
electrician. Mrs. Urenas also spoke with the real estate
agent (Ms Johnson) who sold the house to Mr: Nickerson. Ms
Johnson stated that there was no stove in the bottom level
when she sold the house, only one stove in the upper level.
(see enclosure 8 - .last page)
Mrs. Urenas accompanied Inspector Bearse to 293 Riverview
Lane. Mrs. Nickerson was in the yard and allowed inspection
of the house. Mrs. Urenas and Mr. Bearse reported the
existence of a stove and a large new kitchen. It was also
reported that Mr. Nickerson was unhappy with the Town for
questioning him. (see enclosure 8)
10/13/93 A letter was sent to Mr. Nickerson from Mr. DaLuz asking Mr.
Nickerson to contact the office to arrange an appointment to
discuss the matter. (see enclosure 9)
10/18/93 Mr. DaLuz met with Susan Rohrbach and Warren Rutherford
regarding this matter.
f
pF43 .
Engineeri'#,Dept.(3rd'floor) Map Parcel Permit#
House# .29,�� Date Issued
-8c15 - :30) - Fee nh
C :30 9:30/1:00=2:00) -
Plai s oor/School Admin.Bldg.) �n+E rq
Def' roved by Planning Board i '19
. • BARNSPABLE, `
�App MAR&
s
TOWN OF,BARNSTABLEF° ' ;
'. Building Permit Application
Project Street Address
�Ybt� ya lc 3
• Village ✓
Owner lV I,L iC L 5 �� ! Address
Telephone 7
.Permit Request
'First Floor r square feet Second Floor square feet
Construction Type
Estimated Project Cost $
Zoning District Flood Plain Water Protection
Lot Size Grandfathered ❑Yes ❑No
Dwelling Type: Single Family Two Family ❑ Multi-Family(#units)
3
Age of Existing Structure Historic House ❑Yes ❑No On Old King's Highway ❑Yes ❑No
Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths: Full: Existing New Half: Existing New
No.of.Bedrooms: Existing New
Total Room Count(not including baths): Existing New First Floor Room Count
Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other
Central Air ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove ❑Yes ❑No
Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size)
❑Attached(size) ❑Barn(size)
❑None ❑Shed(size)
❑Other(size)
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
Commercial ❑Yes ❑No If yes, site plan review# -
Current Use Proposed Use
�Q 77 3 E ' r PJ C M t-C—Builder Information
Name IQ- DaF IV C— Telephone Number
-Address License#
- Home Improvement Contractor# , I ® (D�-
Worker's Compensation#
r(o
NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT) SHOWING EXISTING,AS WELL AS
PROPOSED STRUCTURES ON THE LOT.
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURES 00 DATE
BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S)
K
1p
FOR OFFICIAL USE ONLY
RMIT.NO.
DATE ISSUED
MAP/PARCEL NO.
_ 1 + t
Al
ADDRESS VILLAGE - - - --.
OWNER
DATE OF INSPECTION:
FOUNDATION'
FRAME + R • .
INSULATION --t � ". .,, r � ,� `' ,. . - ` • - E .
FIREPLACE
ELECTRICAL: ROUGH FINAL t ,
` PLUMBING: ROUGH FINAL '
GAS: ROUGH FINAL
FINAL BUILDING
DATE CLOSED OUT, Z+A'
' ASSOCIATION PLAN NO.
d
' The Town of Barnstable
9 mum Department of Health Safety and Environmental Services
Building Division
367 Main Street,Hyannis MA 02601
Ralph Crosse."
Office: 508-790-6227 r BuiIding Conunu
Fax: 508-790-6230
For office use only ;
Permit no.
i
Date AFFIDAVIT
HOME IMPROVEMENT CONTRACTOR LAW
SUPPLEMENT TO PERMIT APPLICATION
MGL c. 142A requires that the "reconstruction, alterations, renovadon,' repair, modernization,
conversion, improvement, removal, demolition,least one but not dmoreon f an than fourn to any dwelling units aring
to
owner occupied building containing
structures which are adjacent to such residence or building be done by registered contractors, with
certain exceptions,along with other requirements
Type of Work: / ql /V �/1 Est.Cost A 16 0 r
,�
• ✓ tic.
Address of Work: 0/0 _ �^
Owner's Name
� i ID 0 �
1 v o9`(' �l A..
Date of Permit Application:
I hereby certify that:
Registration is not required for the following reason(s):
Work excluded by law
Job under SI,000.
Building not owner-occupied
Owner pulling own permit
Notice is hereby given that:
OWNERS PULLING THEIR OWN PERMIT OR DEALING. WITH UNREGISTERED
CONTRACTORS FOR APPLICABROGRAM OR G�iJAOR�NTY FUNMENT D UON�DER MGLO 14ZA �
ACCESS TO THE ARBITRATION P
SIG,'YED UNDER PENALTIES OF PERJURY
I hereby apply fora permit as the agent of the Owner.
> r Jeo&
Date
Contractor Name Registration No.
.. ,,. ,- fie. .Y• ..
Assessor's map and lot,number ��. —?
SEPTIC SYSTEM. MUST BE
INSTALLED• IN COMPLIANCE
,.
Sewage Permit number ...!! _4, �!�. ... G� WITH ARTICLE II STATE
SANITARY .CODE AND TOWN
y�F:THE T TOWN O F B A R NISITAMU�
i BARNSTABLE, i
"Ag' T� BUILDING INSPECTOR
�p 1639
APPLICATION FOR PERMIT TO .:...... ? ....
TYPEOF CONSTRUCTION ..............................................................:.........:..:......................:..........:.......................
TO THE INSPECTOR OF BUILDINGS:
The undersignea hereby ap lies f?r a, permit according to the follow' g informattiionn.
Location ... ,�-GvI .... L ..✓............ -il. ...................... F!Yk'- '�4..
Proposed Use .... 'd�U"'f�Y .....^... .Gi �.�... �.- !r�1 .Y.
ZoningDistrict ............. ./... .. .........................................Fire District .... ....................... 6..............................
���j,
rI .�,...... .. .........:...Address .l�G�r��✓L. G �'-...... �'/v�. ...Name of Owner a%w- , ............................:
Name of Builder ..:. ..C4��✓... ......c,�a�G....... ..............Address ...........X �- a, :4v...............................
I
Nameof Architect ..................................................................Address ....................................:...............................................
Numberof Rooms ..................................................................Foundation ................................................................ .........
Exierior ...........................:........................................................Roofing ....................................................................................
. i
Floors .........:.......................................Interior `
..................................... ..........................:.........................................................
Fieating .................................................................................Plumbing ................ ........ . ... ...........................................
Fireplace ...................................................................:...............Approximate Cost .............��..... ...... ...........................
Q
Definitive Plan Approved b Planning Board -------------------------------19--------. Area 4- X...���.
pp Y 9 ........
Diagram of Lot and Building with Dimensions Fee !..'
............... .. . .....................
SUBJECT TO APPROVAL OF BOARD OF HEALTH
I hereby agree to conform to all the Rules and Regulations of-the Town f Barnstable reg _ ing the above
construction. (
Name .. . . ..... ......... ......`. ........
Yacker, Charlotte i
t 18778 remodel portion 1
ti No ................. Permit for
1 of basement s
Locati 3 Rive V ew Lane ...... - _
Centerville ' . .
`4 ............................................................ .............
Owner
Charlotte Yacker
:...............................:.............
frame.
+ Type of Construction ` ' ,y,�' ✓.
- n f/._
t :.......... .. ........................................................
Plot ..... ................ Lot ..........
-
O
} October 28 76
r ermit Granted .'........................�.:. .........
19
r Datef L onspection ^......19
✓ Date Completed '... 1 /.... 19 + ,�
' — PERMIT REFUSED 1 ► 1,
{ .............
...................... sue'.... '19 t 1�
3 �7 1 r"
...................................................... �✓,
.........................:................, ...............................
f 1 �(f117 1
r. .................................................................... •.... l ` - _ • //Jf/�
+ A 17, _ -
Approved ............................................... 19
Ji:.......... ......................................... .................... ; I �-
..................... . ..`...............................................! ✓� ,