HomeMy WebLinkAbout0002 SHORT BEACH ROAD cz
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Town of Bi3inskibl'a
Zoning,Board:of'Appeals
Notice;of Withdrawal without Prejudice N
Special Permit;140 2011.060 -Tonsberg
Summary: Withdrawn without:Prejudice '
Petifioner. Frederick and Roberta Tonsberg.
Property Address: 2 Short Beach Road,CenterWle,.MA
Assessor's Map/Parcel. Map 206.Parcel 044`
Zoning: CBD Craigville;Beach:Disfrict,Long',Beach/Short Beach Neighborhood
Overlay_1
Background and<summary,
Special permit application No:2011=0.60'was ffiled"!by Frederick'and Roberta Tonsberg for property
located at 2 Short Beach Road in Centerville, Massachusetts. 'The request was.for a.special
permit pursuant to Section 240792(B) Non-Conforming buildings and structures used=a single-or.
two-family residences and Sections 240-131.4(D).and (E) Craigville Beach'District Use.
Regulations. The application stated the"Applicant needs,iodemolish.and rebuild the single family
home as a primary residence tomake the=building„habitable:"
This appeal was filed at the Town Clerk's Office'and-at the OfFiice,of-the:Zoning Board of Appeals
on November 1.8, 2011.,A 30-day extensionof,time limits'ao hold a public hearing and file a: j
decision was filed at the Office of the'Town Clerk on December 15,'2011. On January 19,2012, a . ;
request was received from the Applicant's representativeRoberto L: DiMacco, Esq:,,to-withdraw `
the S eciai p permit application:. The request was;received prior to publication o e of f a notic public'"
hearing.
y
Motion .
Based upon the;request of the Applicant's representative, a motion was duiy made and'.seconded
to grant a withdrawal of-special permit,request No. 2011-060 without prejudice' ,
The vote was as'follows:
AYE: Laura F. Shufelt,William�hl. Newtory,'Craig>G. Larson;Alex M. Rodolakis,'George T.Zevitas `
NAY: None
Ordered`
Special permit request No 20�11 b60 for property:at 2'Short Beach Road'has!been withdrawn:
without prejudice. Appeals of this decision,'if any, shall be made pursuant to IVIGL-'Chapter 40&;
Section 17, within twenty(20).''days after the'date of'the hiing:of this decision,;a'copy of which must
be filed in the office ofthe Barnstable:Town Clerk.-
Laura F. Shufelt„Chair,' Date;:Signed f.
;f
'Town of Bamstable,Zoning Boatd of Appeals '�1thdra�val Notice,
Special PetmitNo.2011=0G0-Tonsbetg
1, Linda liutchenrider, 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,decis"
ion
and that no appeal of the deci n has filed,,'. the office of the:Town Cferk
Signed and sealed this da Ct a ;under fhe pai
perjury. ns and penaffies'af
LindaHutchenn er, Town Cleric% ° = 4
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Page 2 of 2 ,
f o ®f Barnstable
NAMAssessing Division.
. s`,� 367 Main Street,Hyannis MA 02601
www.town:barnstable.ma.us.'
Office: 508-8624022.: Jeffery A Rudziik,NAA
FAX: 5.08-862-4722 director of Assessing.
ABUTTERS LIST CEOZT/F/CATIOlY
January 20,;2012;
RE: Adjacent Abutters-;List
For Parcel(s) : 206 .04.4
2 Short Beach Road '
Tonsberg, Roberta.' F
As requested, I hereb certif the names
Y . _ _and'addres ses'as s Y ubbitted on"the
attached.sheets)as required'under`'Chapter 40A; Section 11 of the.
Massachusetts General Laws for the above referenced parcels as they
'appear
on the most recent taX list with marling addresses supplied., t
Board of Assessors
Town of:.Barhstabie.
;ry
Attachment
Q:1 Assessors New Data�1ABUTTERS'CERTS12012:`ABU fTERS12012 ABUT7ERS\206-044
TONSBERG.DOC
Message a§ Page 1 of 2
Henderson,;Lisa ,
From: Puckett,Carol.
Sent, Friday,January 20,201210:05 AM I
To: Henderson,Lisa
Subject: Emailing:AbutterReport.htm.
Zoning Board of Appeals (ZBA) Abutter List for Map .• .
Parce[(s)t '206044
Parties.of Interest are those direcEly.opposite.subject lot on any,public or private street or Way
and abutters to abutters.Notification of all properties within 300.:feet:ring ofthe subjectrlot`
Total Count: 25 Pose
Map&Parcel Owneri Owner2 Addressi. . Address 2 Mailing
, Coi
CltotateZip y. f..
DIGIOVANNI, 66`CRYSTAL:RIDGE" COTUIT„MA
206025 CELESTINO A&; RD 02635 ' .
ANNETHERESA
JENNINGS,DAVID`&
206026 KREBS,JENNIFER HILICREST REALTY 228.1OWDER• DEDHAM,MA
TR NOMINEE TRUST STREET' 02026.
206027 SULLIVAN 30SEPH SULLIVAN REALTY '_236i N W 49TH LN BOCA RA7oN,FL
W TA TRUST , 334$I
PENDERGAST,JOHN CENTERVIILE
206028. J JR&ANN D PO BOX 576 MA>02632
206029, .WICKERS,JANE M., 17.SCHOOLST; BYFIELD,MA.:
01922'.,.
PONTIUS,DAVID L. WINTER PARK
LISA M ,
206030 4.59 HENKEL CIRCLE: FL';32789
GUILLET,EDWARD..
206041 E&MARGARET A EDW.ARD E GUILLEf 154'CHESTNUT.` NEEDHAM,MA'
7RS REV TRUST STREET 02492,:'
206042 BROYER,F PAUL `,26 SHORT BEACH CENTERVIL LE;
ROAD MA-02632
206043 HEALY,ANNE H. 194`GROVE ST' WELLESLEY,MAC ;
02482..
206044 TONSBERG, WESTWOOI),MA.
ROBERTA J 11 CONIFER LN' "WESTi '
, i
206045' GUIILET,EDWARD� EDWARD E GUILLET 754 CHESTNUT NEEDHAM;'MA
E TR., REV TRUST' -STREET 02492, r
206046
HINE,MARGARET A,.MARGARET A NINE; FRAMINGHAM'
12;CLAUOE7TE:CIR e
TR: ,TRUST;. MA 01701
LADNER,'R'BRIAN&. '
i 4
206047 .LADNER,RONALD F:` 29 JUNIPER LANE` HOLDEN,MA., + '
TRS
01520;
BLACKWELL, WOBURN.:MA;
206046 RICHARD M& 5 FREDERICK,;.CR -01801
DIANE
BRYSON,.DOROTHY� n.. : AUBURNDALE,,.
206049 P. it ACORN,DR. -
MA 02166.
206050 HAMILTON "CENTERVILLE,
.THOMAS H;M PA BOX 106;.
MA 02632
B ALSAMO;; 320 -C RAIGILLE
20608SO01 &
;CENTERVILLEANTHONY] MARY:'BEACH ROAD REALTY�:PO BOX922:
ETRS MA-02632 TRUST
'j
BALSAMO,.. 1204 CRAIGVILLE: CENTERVILLE;.
206087, ANTHONY J&MARY? BEAD MA 02632
r
1/20/2012
1.
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Massa e` � :
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206088 SHECHTMAN,GARY SAWYER,PAUL:G'& ;;352 NEWBURY BOSTON,:MA _ C185805
L&CHRISTINE.M&', SUSAN J " STREET :02115
BARNSTABLE LAND OTUIP MA
206089 :P,0 BOX.224. COTU � C127029
TRUST,INC
50 WASHINGTON' SCHENECTADY„ j
206090 PAPA,MARIA M C194349
,,AVENUE ' NY.12305
i
206091 TOBINS,SAUNDRA,,, 5110 CRAIGVILLE` CENTERVILLE,, CT8572S.
ET.ALS: BEACH ROAD MA.02632
RICHTER,.DONALD CENTERVILLE, 3
206097 -.37 WATERSIDE'DR, t36017,
F&]OAN W ' MA 02632
WOELFEL,STEPHEN NORWOOD✓MA.. "
206106 39:MAPLE STREET C95002
E&JANE F: 02062 i
DRAKE,DAVID G,& 995 NORTH,HWY INDIATLANTIC
206136 LLINAS, AIA#401 FIL32903 C184300
JACQUELINE B
This list by:itself does,NOT.constitute a certified list of abutters and is provided only as an aid to'the deterrtnination of abutterss if a'
certified list of abutters is required,contact the Assessing Olvalon to have this list certified.The owner and address data.on thisaist is:
fr the.Town of 8amstable Assessor's database as;of,1/20/2012. ' t
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1/20/201'2
t,s. y x, TOWNOF;BARNSTABIE17
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Yx i pZONINGBOARDOFAPPPEALS r
W � NOTIgEOOPUBUC'HEARINGS ,; I
UNDER THE ZONING ORDINANCE
a
To a0 persons(nterosted m,�or affeced fiy the actions of they' '
Zoning Board of Appeats youareaf{ereby�notl5ad.tpurattani �
tp"Seclon 11 of•Chapter 90A of the General Laias ofxthe - - .
Corninornvealth`of�Massachusetts and all`amendments thereto ,�, �'' , - � >•
that a'public hearing oq lhe;fclovnng appeals vng tie held oni
Wednesday`Jahiiary25;ZOtZatthefirtie:gidtcated -" =;:a i Too PM + Appeal l 2012-001
OP8'C66Wung"Ck ces for;Starbucke Corporation" }
DP8 ConsutOng Services,representing Starbuclis Corporation ;I
has;pebhorhed'•fora Condifional Use•5peaal Pennit hn,the '-,;
Highway Busine'ss£DW' cf punsuant;ta-Sectlo`_n 4zi 25 C(1j to
change an e>asdng reta[i use,of approximately 1624 squaro feet:,,
into,a pestaurantffood establishment use mith approiumately 24
seats:The subjeq property is Iacated.af 655 fyannougA Road
Unit ldo 6 Hyannis MA shovm'on.Asst3ssors Map�311 as s
Parce1008 it is'In the Highway Bus(nIN, ass and Business zoning
dhcrh2s » . ,.
{ 710 PM Appeal No 2012-003 ,Todd�C EiweBs � :.
Ttitld C ElweO has appPed for a vanance to Stacbon-240-11(A�^�,
(1)Pdnapig`PeimdtedUses''in the Residence B Distrhcf' The �;;. 1
1 Applicant is requesting a vailaihce to agavi..an ewstirhg accessary . ..
cotage to be used as arr affprdabte housing unik�xTie subjec s° . - +
property-is located at A5'.Newton Street;'t{yarhnfs as shown on
Assessor's Map,306 as Parccl 158 pit is th tha Residence BA
Zoning Dlstnct. ,�:, �,�»�°` �•a»3 fir- r rt��"`dA*�� ��,,.±.. i
These Pubec Hearings will jW,held at:phe Barnstaple Tawny
Hall;,--,367 Mam Street Hyannis MA Heanng Room2^d fkooG
Wedgsday"January;25,2012 Pians,`and appiceations mays
be reviewed"at the Zoning:Board of Appeals Offtrz Gmyth
Management Deparhenk.-town 6foces',200 Matn Street ' 'Y
Hyanms MA t 1 u a •
k* t *Laura F Shufelk Chair"' 4�c s TOWN OF BARNSTABLE * tit t
*f�c +c`. rZonmg BDatd O Appeds v20NINCsBOARD OFAPPEA1:S'—'i' -g
The Banslable,Patdet f NOTICE CF l Uodlk HEARINGS
'-Jan
yary,6 and'January 13,'2012 rt * ,, ��- ? UNDER THE ZON[NG;URDINANCE ;3
s r ga JANUARY25'2012k x;� t'
7o ag persons interested in or afteded.by the acorns of the .
4 Zoning Board Hof Appeals you areherebyk notified pursuaritt
2to Section11 of Chapter BOA of:theLGeneral l ahys of
�Ciimmomveatth of�7assachusetts;arid ag amendmerhkq 0hereto •
. Ihat,a,pubftcNhearmg�an the`follounng appeals vnll be held iin�,l
Wednesday January 252012 at fire time frsdicat
DPB Consulting Servlees forySprhvcka Corporation r Y '
zrDP6 Consirihrtg Servj�s epre enWg 5hrbucicv Corporation ., t
xtias pe6boned�fojja zlcaldiUonal tJse Spedal Perm the ,•
`cha ge a Bexuhng ratal use of p
e ap thrax� yi 56?4 squUr(e feet
- into a�mstaurant/t/foodxe§�fabltshmr�kuse wrtA approwmately;'24e� t
`sealThesubiec property Gs'locate£at 655.lyannnugh Road
Und No 6 yliyannhs"MA as shown o'n'0.s e�soi s Map 311 as
DF?arcd 008It is trthe Higthway eusirtess antf Bcisrness zanmg,
x7 i0 PM Appeal 2012-003t Todd C Elwell,
!.,Todd C Elwell has a�phed for a vanance th Section 240 ft(Aj _
p t Pdna al Pemhitted"tlsesxjn�the;ReSidence BiDisct he,A Pam. V �.
pbcant hs ues Mg gtYanance to �faw an ez sting accecessary: _
* main t
cottage to trg used as an affaidabte fiousi"u-1 if rah,I s u,ec,
RroPoAY is located>at 45,Newton$treat�;Fiyannlasshowpon
Assessors Maps308 asPa58 t Is m tde Residence#B
aZonii1 Distac
Thew li rc Hpanngs wgI be he d amstabl t o R.1 �
113,8�7„x�in�Sk' t�yarhms�NjA;-�ryear�mg' Dorn 2"�Floor i
F1MA+aenrdnesday,January 25s20i2. PlansApapnBdalsaplpZl�lpic�ebe w rmg an °
agemen in tl�on Gsrxomviafhy
�
Town Offlces, 200 Main Streaks..
Hyannis ysy s
- .. . � €�, � °�.�§,faun F,Shufelt;Giatr�.}' t' •
' *The Barnstable Patnot "��o �'' -� .
-h ufK.,+kY va M#n& 1 .�^k '`-,� p�,�kyt`•4,''tlW,W�r�$ .a*, �
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Town of Barnstable*
4
'Barnstable"
OFFICE OF TOWN ATTORNEY
RAWMAs : ` 367 Main Street
Hyannis MA 02601-3907 _
Feat Y 2007
RUTH J.WEIL,Town Attorney Tel #; 508-862-4620
T.DAVID HOUGHTON, 1 st Assistant Town,Attorney Fax#:. 508-862-4724'
CHARLES S.MCLAUGHLIN,Jr.,Assistant Town Attorney
CLAIRE R.GRIFFEN,Paralegal/Legal Assistant`
PAMELA D.GORDON,Legal Clerk ,
inter-office Memorandum tQ
c ,
To: Art Traczyk:
z'j. I
From: Charles S. McLaughlin,Jr.
Date: April,1, 2010
Subject: Tonsberg Decision'
Our File Ref;: 2006-0229..'
k. I
Enclosed is the Appeals.Court decision in7-the`Tonsberg matter. Please;distribute i
this decision.to both the former and the current Zoning Boards. Thank;;you,::
Encl.
i
w;
�.
20060229 traczyk memo dcciMon.doc
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Westlaw Result Page 1 of 2.
Term :
NOTICE: Decisions;issued by the.Appeals,Court,pursuant to,its rule 1:28,are primarily addressed to the parties and;.
therefore, may not fully.address the facts of the case.or the.panel's decisional rationale. Moreover, rule 1r28 decisions .are
not circulated to the entire court and,therefore, represent only the views:of the panel that decided the case. A summary'
decision pursuant to rule 1:28, issued,after February 25, 20081 may be cited for its persuasive value but;-'because of:the
limitations,noted above, not as binding,precedent:
COMMONWEALTH OF MASSACHUSETTS.APPEALS COURT
FREDERICK TONSBERG&another[FNla vs BARNSTABLE ZONING.BOARD:OF'APPEALS.
-09-P-649
MEMORANDUM AND ORDER';,PURSUANT TO RULE 1, 28
Frederick and Roberta Tonsberg (plaintiffs),.:brought an appeal, pursuant to G. Lsc.`40A, §:17: tothe Land.Court.'seeking'
review of the decision.of the town`:of Barnstable zoning rboard-of appeals (ZBA or:board)denying'them'aspeclal permit.
After a bench trial,the Land Court judge found and:ruled (from the bench)that the;ZBA did not.act arbitrarily or
capriciously in its denial;of a special permit and affirmed the board's-decision. The plaintiffs appeal.
On appeal the plaintiffs argue,:first, that the ZBA based:its,decision on a legally untenable`ground.-by4ailing to':weigh*
.
adequately the detriment to the neighborhood caused by the new structure versus'the defi invent resulting from the
existing structure. Second, they contend that thedecision.was unsupported by the evidence and, therefore, arbitraryand
capricious. Both arguments, the:plaIritiffs assert, require us'to reverse the judgment of the'L`and Court and order fudgment
for the plaintiffs, granting them a special permit,.Given the'defe.rence owed the board.and.the,Standard=of.review we apply.
to the findings of a Land Court judge, we:affirm.
'On appellate review, the judge's findings of fact will.;not beset aside unless°theyare'clearly.erroiieous',.or there_•is 'no':
evidence to support them.": Wendy'sO1d Fashioned Hamburgers ofN>Y:, Inc.'v: Board of.Appeal of 8illeiica,.454';:Mass;.
374, 383 (2009), quoting from DiGiovanni v. Board of.Appeals;ofRockport; 19 Mass.,App. Ct. 339; 343 (1985) '(W)eL'
however,] scrutinize without deference.'the,h4gal,staridard which the judge applied to the facts.' Williams v, Resolution.GGF
Oy, 417 Mass. 3.77,,382 (.1994)...In the present context the legal standard, which the Land-Court judge`properl,
understood and applied; is one of:deference to'the decision of theZBA:
General Laws c. 40A, § 17, inserted by St. 1975, c:.808,'§ 3, provides that the revi,ewing;court'shall,hear all evidence
pertinent to the authority of the'board and determine the facts, and upon the facts as so determined, annulsuch
decision if found to exceed the authority of such board:' Under this,provision,though.the court finds facts de:novo, see
Britton v. Zoning Bd. of Appeals of Gloucester, 59 Mass. App:.`Ct. 681'72 (20,03), applying:those.fi'hdingis",to the.decision,of,
the board, the.court may not'disturb[ the;board's:determination] unless it is based�on a'.legally untenable"ground,-`or is
unreasonable, whimsical, capricious or arbitrary.' MacGibbon:v. Board of Appeals of Duxbury, 356 Mass.:;:635,,639 (1970).
See Wendy's, supra at 381-382.`Underthis'standard, '[e]ven if the record,reveals.that a:desired special permit could
lawfully be granted by the board because the:applicant's;evidence satisfied.the,statutory a.nd regulatory criteria,the board:.
retains discretionary authority to deny the permit.' Davis v,Zoning B.d. of Chatham; 52 Mass.App. Ct.349, 35,5 (2001).
Moreover, '[e]ven when a zoningboard`cites:no particularized reasons or Iany specific evidence,.for its denial decision,-its
action will be upheld; as will that of a judge afhrrhing'that action under G.,L. c. 40A, § 17, if.a rational basis for the,den ial
exists which is supported by the recordi"Id. at 356.
As.we stated.in,Britton, supra at 71-72, the review process'advances.;in two'stages: First, the;cou. accords. some
measure of deference' to the local board's interpretation of its own zoning by-laws,Nand considers. 'whether the.board'has.
chosen : . . the=proper,criteria and standards to use in deciding to . : deny the special per%mit application:'Id.=at 73, .
quoting from APTAsset Mgmt., Inc. V. Board of Appeals of Melrose, 50 Mass: App.,Ct. 533, 138:.(2000). SecondYand:'[a];
ssuming that the"board has drawn on proper-criteria and standards,'the>court . . .,;must determine . .,;whether :.-: any
rational board could concludethat'the addition`or alteration the applicants:propose would,besubstantially more,:
detrimental to the neighborhood than'the.'.existing structure:' Id: at 74...
Applying the foregoing standards,the judgment of the Land Court must stand.The plaintiffs'.argument as,to`the,legal
basis of the board's decision is unavailing. According to the plaintiffs, because the board's findings refer to their proposed
structure as 'constitut[ing] a substantial detriment to the neighborhood,'the:board did not conduct the proper and,
requisite weighing of the impact of the proposed structure versus that of the existing structure. Just:as c..40A.is 'not
file:HQ:\WPFILES\CASES\2006CASE\20060220\Rule'1'-28 Docision 032610.ht n 4/1/2010
West(aw Result Page 2 of`I
satisfied by a mere repetition of the statutory words,'.Shoppers':Wor/d, Inc. v. Beacon Terrace.,Real ty,,,Inc., 353 Mass..63,
67'(1967), quoting from Prusik.v. Board oFAppeatofeoston,•,262 Mass. 451 457-458 (1928), conversely, the omission of
a few words.from the statute and bylaw language does not'amount to the imposition.of`legally untenable criteria upon the
plaintiffs' application. See_Board'ofAldermen.of Newton v.<Maniace,.429 Mass..726,732 (1999).(holding,'where a board
denies a special permit,the requirement that the board provide reasons supporting its decision[] is less demanding'than if
the board had acted affirmatively').The.decision of the'ZBA clearly evinces the notion,that the.`dissenting board:members.
were considering the proposed structure against the backdrop of what was already there;.�the plaintiffstake the quoted
phrase out of context.
As to the plaintiffs' other claim on appeal, that too is without`merit The.Land Court judge'ruled.that the Visual and
aesthetic impact of the proposed structure, which is roughly twice the size of the existing.building,provided he_board
sufficient grounds to deny the plaintiffs'application.%This,ruling is_conso.;nant with';"our case law. See-Britton,supra at,76
77. Moreover, because of the size of the proposed structure,and the.concomitantly large septic system required under Title.
V, that system will need a retaining wall,that will affect parking and traffic in the immediate vicinity. Accordingly;'a
rational basis for the denial exists which is.supported by the record,"Davis,°:supra at 356,.and•the Land Court judge '
properly affirmed the decision;of the board.
Judgment affirmed.
By the Court . (Cypher, Kafker-&Trainor; JJ.),
Entered: March 26, 2010.
FN1. Roberta Tonsberg.
END OF DOCUMENT-
Term
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Town of Barnstable
I"E .� Building Department Services
. Brian Florence, CBO IMA
Building Commissioner
1639. ,�� g B.ARNSTABLE
i0rf0 MAr 200 Main Street, Ryannis,MA 02601
tw9-YAiq
www.town.barnstable.maxs
Office: 508-862-4038 Fax: 508-790-6230
September 21, 2017
Gerald and Anne Healy
194 Grove Street
Wellesley, MA 02482
Re: 2 Short Beach Road
Dear Mr. and Mrs. Healy:
Thank you for your email regarding the property located at 2 Short Beach Road. It was
forwarded to me by Director Richard Scal'i due to the citations outlined in your
correspondence. The building commissioner is the enforcement officer for§244.
Unfortunately the ordinance that you have relied Chapter 244 § 244 is not applicable to
your cause. As the enforcement authority for that ordinance, in order for me to enforce
the language pertaining to Registration and maintenance requirements for vacant
properties,found in c. 244 §244-4(A)-1,2, 3 and (B) 1 and 2 respectively, I must rely
upon the preamble of section (A) which reads:
244-4
(A) When the Building Commissioner, upon receipt of a complaint or other
information and after making inquiries, determines that a property is vacant as
defined herein, the Commissioner shall proceed as follows: [the section is then
followed by the language which you cite]
Vacant: Any property not currently legally occupied and not properly
maintained and secured, but not including any property unoccupied on a
seasonal basis only and properly secured and maintained while so unoccupied.
I completed an onsite inspection on 9/15/17 and found that the property cannot be
considered to be vacant and therefore 244 — 4 is unenforceable. I based my
determination on several factors any of which are fatal to enforcement of§244:
1. The building is not in foreclosure
2. The structure is secure and tight to the weather.
3. The interior of the building is neat and orderly, contains furnishings and-is capable
of being occupied.
s R
4. The electricity is on and functional.
5. Neighbor statements indicate that people come to the home on 'occasion and
spend time there.
While the owner may not be treating the property responsibly, it would be inappropriate
for me to determine that they have' abandoned the property or left it vacant by any
definition. I am certain that any attempt by me to compel enforcement of Chapter 244
would be unsuccessful.
I know that this response does not provide you with the relief that that you desire but
hope that it has been informative. It maybe in the best interest of the neighborhood to
obtain a legal opinion regarding a home owners association in your area.
If you have any further questions or concerns please feel free to contact me. At this time
consider this matter to be closed for enforcement purposes.
Best Regards,
Brian Flor ce
Building Commissioner
P.S. Original to follow USPS
=f TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map Parcel Application# G0
Health Division
Conservation Division Permit#
Tax Collector Date Issued
Treasurer Application
Planning Dept. Permit Fee
Date Definitive Plan Approved by Planning Board
Historic-OKH Preservation/Hyannis fi
Project Street Address
Village &J,1 {LJILL�
Owner � � -I�A j �►.7 S Address 1. G00 I
`�-� <} t•,J � ,ram q
Telephone :=�
Permit Reguest ,Po' S�Ir A -&L- �tq-1 L�E
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Square._feet: 1 sf^floor:existing proposed 2nd floor:existing proposed Total new
Zoning District' V21--S Flood Plain Groundwater Overlay
Project Valuation Construction Type
Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation.
Dwelling Type: Single Family ` Two Family ❑ Multi-Family(#units)
Age of Existing Structure Historic House: ❑Yes �Mo On Old King's Highway: ❑Yes 2fNo
Basement Type: ❑Full *Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) C-'2Ar� Basement Unfinished Area(sq.ft)
Number of Baths: Full:existing new Half:existing new
Number of Bedrooms: existing new
Total Room Count(not including baths):existing 1 new First Floor Room Count
Heat Type and Fuel: ❑Gas ❑Oil Electric ❑Other
Central Air: WYes ❑No Fireplaces: Existing 1 New Existing wood/coal stove: ❑Yes ❑No,
Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size
Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other:
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
Commercial ❑Yes ❑No If yes,site plan review#
Current Use Proposed Use
BUILDER INFORMATION \
Name-
Telephone Number
Address License#
Home Improvement Contractor#
Worker's Compensation#
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE `� DATE `-1 16 h 7
rr '
FOR OFFICIAL USE ONLY
PERMIT NO. ,t
DATE ISSUED
MAP/PARCEL NO. a
ADDRESS VILLAGE
OWNER
DATE OF INSPECTION:
FOUNDATION z1
ty'
FRAME
INSULATION ~`
FIREPLACE
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL -
GAS: ROUGH FINAL
FINAL BUILDING
DATE CLOSED OUT -
ASSOCIATION PLAN NO. ,�
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
c, �
Map Parcel i( Application#
v i
Health Division
Conservation Division Permit#
Tax Collector Date Issued ll v
Treasurer Application Fe
d
Planning Dept. Permit Fee
Date Definitive Plan Approved by Planning Board
Historic-OKH Preservation/Hyannis
Project Street Address a
Village t t-L
Owner - ���L4z--1� %q 41 C, Address I f Coo I 6e—
Telephone � —a`�1� �� " �a C�
W SiW coa0 M A .
Permit Request 1 L L e—
s ?'v7
Square feet: 1 st floor:existin9 proposed 9 proposed ro osed 2nd floor:existing Total new
Zoning District aLs Flood Plain Groundwater Overlay
Project Valuation Construction Type
Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation.
Dwelling Type: Single Family Two Family ❑ Multi-Family(#units)
Age of Existing Structure Historic House: ❑Yes �KNo On Old King's Highway: ❑Yes 4:No ;
Basement Type: ❑Full *Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) C 1��L- Basement Unfinished Area(sq.ft)
II
Number of Baths: Full:existing new Half:existing new
Number of Bedrooms: existing oZ new
Total Room Count not including baths):existing !1 new First Floor Room Count
Heat Type and Fuel: ❑Gas ❑Oil YElectric ❑Other
Central Air: .Yes ❑No Fireplaces: Existing _� New Existing wood/coal stove: ❑Yes ❑No
Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size
Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other:
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
Commercial ❑Yes ❑No If yes,site plan review#
Current Use —Proposed Use
BUILDER INFORMATION
Name Telephone Number C-7 1 ) BY PG6-
Address License#
Home Improvement Contractor#
Worker's Compensation#
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
l
SIGNATURE DATE
ry
FOR OFFICIAL USE ONLY
PERMIT NO.
DATE ISSUED
MAP/PARCEL NO.
ADDRESS VILLAGE
OWNER
DATE OF INSPECTION:
FOUNDATION
FRAME
INSULATION
FIREPLACE
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL
FINAL BUILDING
DATE CLOSED OUT
ASSOCIATION PLAN NO.
1 he (.'ommonwealth,ot Massachusetts
• Department of Industrial Accidents
Office of Investigations
d 600 Washington Street
. Boston,MA 02111
M s° www.mass.gov/dia
Workers' Compensation Iaasurance Affidavit:Builders/Contractors/]Electricians/Plumbers
Applicant Information Please Print Lelzibly
Name(Business/Organization/Individual): . Y_fL J
Address:
City/State/Zip: (2,v,, c_� ll L Phone:#:
Are you"employer? Check the'appropriate box: -Type of project(required):. .
1.❑ I am a employer with 4. ❑ I am a general contractor and I
employees(fall and/or part-time).
have hired the sub-contractors 6..❑New construction .
2.❑ I am a'sole proprietor or partner- listed on the'aitached sheet. 7. ❑Remodeling
ship and have no employees These sub-contractors have 8. ❑Demolition '
working for me in any capacity. employees and have workers' S...❑Building addition
[No workers comp.insurance COMP..insurance.$,
10.❑Electrical rep airs or additions
' equired•] 5. ❑ We are a corporation and its - •
3. I am a homeowner doing.all work officers have exercised their 11.❑Plumbing repairs or additions
myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs
insurance required.]t c. 152, §1(4), and we have no
employees. [No workers' . 13: Other s NZ!}(L,
comp• insurance required.]
*Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
tContractors that check this box must attached an additional sheet showing the name of the'sub-contractors and state whether ornot those entities have
employees: If the sub-contractors have employees,they must provide;their workers'comp.policynumber.
I am an employer that is providing workers'compensation insurance for my employees. Below is.the policy and job site
information.
Insurance Company Name:
Policy#or Self in.s.Lic,#: Expiration Date:
Job Site Address: City/State/Zip:
Attach a copy of the workers' compensation policy declaration page'(showing the policy number and expiration date).
Failure.to sectrre coverage as required under.Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Off ce of — --
Investieations of the DIA-for insurance coverage verification. '
I do hereby certify under the pains and penalties ofperjury that the information provided above is true and.correct,'
Signature: Date:
Phone#:
Official use only,. Do not write.in this area, to be completed by city or town official
City or Town: Permit/License#
Issuing Authority(circle one):
.'1..Board of Health 2,Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
6. Other
Contact Person: Phone#:
{
Inform ati®n and In tucti®ns
tts General Laws cha ter 152 re wires all a to ers to rovide workers'compensation for their employees.
� Massachusetts p q mP Y P
M
of another under an contract of hire
. Pursuant to this statute,an employee is defined as ...every person in the servicey ,
express or implied, oral or written."
An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more
of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer, or the
= �vor trustee of an individual partnership, association or other legal entity, employing employees. However the
owner of a dwel ing.house having not more than three apartments and who resides therein, or the occupant of the
dwelling house of another who employs persons to do maintenance, construction or repair work on such-dwellinghouse
or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer."
MGL chapter 152, §25C(6)also states that"every state or,local licensing agency shall withhold the issuance or
renewal.of a license or permit to'operate a business or to construct buildings in the commonwealth for any
applicaut-who.bas not produced=acceptable evidence of compliance with the insurance coverage required."
Additionally,MGL chapter 152,-§25C(7)states"Neither the commonwealth nor any of its political subdivisions shall
enter into any contract for.the performance of public work until-acceptable evidence-of compliance with the inrnce
requirements of this chapter have been presented'to the contracting authority."
Applicants
Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and, if
necessary,supply sub-contiactor(s)name(s),address(es)and phone number(s) along with their certificate(s)of
insurance. Limited Liability Companies'(LLC)or Limited Liability Partnerships(LLP)with no employees other.than the
members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have
employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial
Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should
be returned to the city or town that the application for the permit.or.license is being requested,not the Department of
Industrial Accidents.,, Should you have any questions regarding the law or if you are required to obtain a workers.'
compensation policy,please call the Department at the number listed below. Self-insured companies should enter their
self-insurance license number on the appropriate-line.
City or Town Officials.
Please be sure that the affidavit is complete'and printed legibly. The Department has provided a space at the bottom
of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant.
Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant.
that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current
policy-information(if necessary)and under"Job Site Address"the applicant should write"all•locations'in (city-or
town)."A cbpy'of the affidavit that has.been officially stamped or marked by the city or town may be provided to the
applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each
year.Where a home owner or citizen is obtaining a license or permit-not related to any business or commercial venture
(i.e. a dog license or permit to bum leaves-etc.)said person is NOT required to.complete this affidavit.
The Office of Investigations would like to thank you in advance for your cooperation and should you have any questipns,,,-
please do not hesitate to give us a call.
The Department's address,telephone-and fax number;
Tbt,� Commoll w( a th of MassactwQ�tts
Depaztmmt of Inhusixial A..00idents
Office of Investigations
600 Washiagtad St ea
B•ostan,MA 42111
Tel.#617-727-4904 ext 406 ar 1-$77-MASSAFE
Fax W 617-727-7?749
Revised 11-22-06
wWw.mass.gov/dia
da FIN¢r
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a� '�art.. d„? .,,_x.,.w. .✓r e2, ati'�,.,,.r. ..,.0 a;'-3�
Case#: C-18-13 Address: 2 SHORT BEACH ROAD, Date:. 12/13/2018
CENTERVILLE
Owner Info: Property Info:
TONSBERG, ROBERTA J MBL:
144 COUNTRY CLUB WAY 206-044
KINGSTON MA 02364
Owner Notified?:
Complaint Details:
Type of Complaint Classification of Complaint Method of Complaint
Unsafe or Abandoned Structure, High Priority Phone
Complaint Summary:
Neighbors upset that house is not being maintained and appears to be.falling into disrepair.
Action History:
Action Taken Date Description Fee Inspector
Close Case 12/18/2018 No action required. $0.00 andersor
Property determined to
be vacant/unoccupied.
Inspector Assigned to Complaint: florencb Filed by: andersor
Comments:
Comment Date Commenter Comment
12/13/2018 andersor Property is vacant not abandoned. Met with Mike Ford and neighbors on
site. No action for Building Dept.to take.
-?J s1�rv� e .�L -rt f ti . ->1 v ty '� y S�� 'Y},-.i7�, }. -1rr�+tr''���+'� y..S �S�vsJ'A�`*��� ,«• w`',r,„re`� F qY''v' v z�utt,�P�'Tiy���,`��u s}..z�y s � 3-"+g�.,,� .F+-"k�� �'.{�''� �9�`��S
- ;}..,' 3'r 12/18/2018, ' �,�.< '� .y _y �j,� r, ,,,s9?'{ xc �'��' ,�:1'(rv,�'2•- a,$9,:, �'r,r 9" r. ur�w� �"�,.c. �,,,,m, �- �, p� �k.aF.,r� �a�ac:, {
'+s r"3 �?tkn:'. ��, rJ^::� '^Y'x�ls�°;:,.�_�:.._ �'�� `�r •__�a.Y�r..v+___-"s4 t� €�_���wa,#_'S_r.tt�z_ sz'._X�_.'[.� .x"' v�'� vx S5.'F'��::�tr�rh��__� fie', �?;" ____.a� �s.i:_k� �b
" . Town of Barnstable
Regulatory Services
Richard V.Scali,Director AMA
1 . l Building Division BARNS TAB I
Paul K.Roma
1619d01
Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.maxs
Office: 508-862-4038 : Fax: 508-790-6230
i
September 1,2016
Ms.Betsey Fitzgerald
90 Short Beach Road
Centerville,MA 02632
Re:2 Short Beach Rd.
`Dear Ms. Fitzgerald,
'Thank you.for letter of August 25,2016.
The Building;':Health,Zoning,and Police Departments are aware of your concerns regarding the above'
referenced property.However,there are no issues that can be addressed by any of these departments as
the house is neither vacant,abandoned,nor in foreclosure as Ordinance 224 governs.
This complaint must be considered closed unless or until the circumstances change.
Sincerely,
Paul Roma'..
Building Commissioner,
! 61 r , n
sr °� Official Website of The Town of Barnstable - Property Lookup Page 2 of 4
History:
Owner: Sale Date Book/Page: Sale Price:
TONSBERG,ROBERTA J 2003-04-03 C168769 $10
TONSBERG,FREDERICK&ROBERTA1998-04-24 C148217 $125000
BELL,DONALD W&JUDITH LEVEEN 1990-11-15 C121988 $105000
GLANCY,AGNES HAVEN ET AL 1989-06-14 C117748 $1
HAVEN,THOMAS P JR 1957-04-01 C20323 $0
Photos 206/0441-Use Code:1010
Sketches-Map/Biock/Lot:'206/044/-Use Code:1010.
'
6 n
i.."a 14
AS Built Cards:Click card#to view:Card#1
Constructions Details-Map/Block/Lot:206/044/-Use Code: 1010
Building Details Land
Building value $41,200 Bedrooms 1 Bedroom USE CODE 1010
Replacement Cost $63,452 Bathrooms 1 Full-0 Half Lot Size 0.28
(Acres)
Model Residential Total Rooms 3 Rooms Appraised $396,400
Value
Style Ranch Heat Fuel Gas Assessed $
k
Value 396,400
Grade Below Heat Type Hot Air
Average
Year Built 1951 AC Type None
Effective 35 Interior Hardwood
depreciation Floors
Stories 1 Story Interior Walls Knotty Pine
Living Area sq/ft 690 Exterior Walls Wood Shingle
Gross Area sq/ft 834 Roof Gable/Hip
Structure
http://www.townofbamstable.us/Assessing/propertydisplayscreen l 6.asp?ap=0&searchparc'... 7/27/2016
`T Official Website of The Town of Barnstable = Property Lookup Page 1 of 4
�,QJYICCC�S t?Jll
nSelect Language
'n (�}4-- Assessing Division Property Lookup Results - 2016
1- 367 Main Street,Hyannis,MA.02601
«BACK TO SEARCH« -Print Friendly
1 ����I�� Owner Information-Map/Block lot:206/044/-Use Code:1010
_I v� Owner �b6
C r� Owner Name as of 1/1/15 TONSBERG,ROBERTA J Map/Block/Lot GIS MAPS
144 COUNTRY CLUB WAY 206/044/
Property Addres s
at �l
KINGSTON,MA.02364 2 SHORT BEACH ROAD /
Co-Owner Name (��Td v`4,'—
6 Village:Centerville d),D
Town Sewer At Address:No (/
GIS Zoning Value:CBDLBS13
Assessed Values 2016-Map/Block/Lot:206/044/-Use Code:1010
2016 Appraised Value2016 Assessed Value Past Comparisons -1—
Building $41,200. $41,200 Year Total Assessed
Value: Value �/'V-
Extra $2,900 $2,900 2015-$419,100
\. {Features: 2014-$419,100
/.� 2013-$419,200
Outbuildings:$1,800 $1,800 2012-$420,700 jv\ /
201.1-$430,100 j I r—"`��-..
\w Land Value: $396,400 $396,400 r
2010-$430,100
J 4 I, � n
1 2009-$506,400 ��
2008-$533,100
n 2016 Totals $442,300 $442,300
2007-$533,100 ,q r A Sr A
Tax Information 2016-Map/Block/Lot:206/044/-Use Code:1010 VV,C.w
Taxes
C.O.M.M.FD Tax $703.26
(Residential)
Fiscal Year 2016 TAX RATES HERE
� I
Community Preservation $123.53
Act Tax /VI
Town Tax(Residential) $
4,117.81
i4kc.0
$
4,944.60 l S 1
Sales History-Map/Block/Lot:206/044/-Use Code:1010 ;S
✓" 0Ll lrC� f Q�.
http://www.townofbamstable.us/Assessing/propertydisplayscreen l 6.asp?ap=0&searchparc... 7/27/2016
r
Town of B,arnstdble. °J2 r x
Zoning Board of.Appeals
Notice of.Withdrawal.without Prejud6ce
Special Permit No.2011-060 Tonsberg
Summary: Withdrawn without Prejudice '
Petitioner. Frederick and`Roberta Tonsberg
Property Address 2,Short Beach Road;:Centerville„tilA
Assessor's Map/Parcel: Map 206.Parcel 044; n
Zoning: CBD 661'' Hie;Beach.District,Long Beach/Short Beach Neighborhood
Overlay:
Background and summary,
Special.permit application No.2011-0.60 was.filed by Frederick and.Roberta Tonsberg;for property'
located at 2 Short Beach Road in Centerville, Massachusetts. The request'was for a special i
permit pursuant to Section 240-wV(B) Non-Conforming buildings and' fractures used'a single-. ,or
two-family residences and Sections 240-131 A(D) and (E)Craigv lle`Beach`Distnct;Use.
Regulations. The application stated the"Applicant,needs to demolish.and,rebuild the single family-
home as a primary residence to make the building habitable':"
This appeal was filed at the Town Clerk's Office and at the Offce of the Zoning Board of Appeals'
on November 1.8,.2011. A 30-day extension of time limits':to hold a ppblic'hearing.,and file.a `
decision was filed at the Office of the Town Clerk on December 15,.201'1.. On January 191 2012,.a
request was received from the Applicant's representative,:Roberto L. Marco,.Esq:,to withdraw--
the special permit application. The request was received prior to publication.of a notice of public
hearing.
Motion :+I .
Based upon the request of,the Applicant's representative, a-motion was duly made and sec6nd6d:
to grant-a withdrawal of special permit request No:201.1-060 without prejudice:
The vote was as follows: I.
AYE: Laura F.:Shufelt, William H. Newton, Craig G.>Larson,.Alex,M.kodolakis„George T.:ZeGitas
NAY: None (:
Ordered
Special permit request No. 2011-060 forproperty:at 2 Short Beach Road'has beeniniithdrawn
without prejudice. Appeals.of this decision, if any, shall be made pursuant to MGL Chapter 40A,_
Section 17, within twenty(20)days after the date of the filing of this.,decision,acopy of which must j
be filed.in the office of the.Barnstable Town Clerk;
Laura F Shufeit,.,Chair Date"Signed "
i
'Town of Bamstilk Zoning Board olf.dppeals--Withdrawal Notice
Special Permit No.2011-060-Tonsbe;g
f
1, Linda Hutcheniider Clerk of the Town of Barnstable; 8amstable County, Massachusetts;;.hereby.
certify that twenty(20)days have elapsed since"the Zoning Board`of Appeals fled.:this decision,
and that no appeal of,the deci7 n has filed i the office of the Town Clerk.
Signed and sealed this (0 da CSC under:the pain,°and penalties of
perjury.
f,
Linda-.Hutchenn er'Town'Qerk�: .F
ZT
A 1 `
i
f
P of 2
I
& '®wn"o aarnsta ilea,
,,,� :Assessing DWision
367 Main Street,Hyannis MA 02601
www.town.ba rnstable.ma.us
Office:508-8624022- Jeff
FAX: R6dziak,:MAA.
FAX: 508-862-4?22 Director of.Assessing
ABUTTERS LIST CERTIFICATION".
January,20, 2012
RE: Adjacent'Abutters:,List
For Parcel(s) : 208-044
Z Short Beach Road.:
Tonsberg,,Roberta'
As requested] hereby certify the names=and addresses as su brhitted on.the
attached sheets)as required under:Chapter 40A Se '.of 11 'of the
Massachusetts General Laws for the above,referenced parcels.as tFiey.appear
on'the most recent tax list with mailing addresses:supplied:
. �'b�
T .
Board of Assessors
Town of Barnstable.
Attachment
0.1 Assessor's New Data' 1ABUTTERS CERTS12012 ABUTTERS12012'ABU'TTERS1206-044:
TONSBERG.000'
l •
Message `� ,^. Page l of
{ is
Henderson,.Lisa
From: Puckett Carol
Sent: Friday;January 20,2012'10:05 AM>
To: Henderson,'Usa
Subject: Emailing:AbutterReporthtm.
Zoning Board of Appeals (MA)',Abutter List for;Malo lc.. w
Parcel(s); '206044" _ ..
Parties of Interestare those directly opposite;subject lot on any public or private.street,or way'
and abutters to,abutters:Notification of all properties within 300 feet.ring of the'subject lat:
r ,
Total Count: 25 Closer
Map&Parcel O.wneri Owner2 Addressi Address'2<. Mailing Co
Cltystatezip
DIGIOVANNI,. 66 CRYSTAL:RIDGE CO.TUIT,MA
206025 CELESTINO A.& RD 02635 "
ANNETHERESA
JENNINGS DAVID&HILLCREST REALTY 228,LOWDER DEDHAM,MA:'.
206026 KREBS,.JENNIFER
TR NOMINEE TRUST' STREET. 02026 "
SULLIVAN,:JOSEPH SULLIVAN REALTY BOCA RATON,'FL '
206027• W TR TRUST 2361 N W 49TH LN 33431.:
206028; PENDERGAST,JOHN PO BOX 576, CENTERVILLE,
J'JR&ANN DMA 026312
206029 WIGKERS,,]ANE:M 17SCHOOL'ST BYFIELD,:MA
01522
PONTIUS;DAVID_,L ` WINTER PARK,'
206030 459 HENKEL'CIRCLE:
FL 32789
LISA M
GUILLET;EDWARD EDWARD E GUILLET :7S4 CHESTNUT NEEDHAM,MA?'
206041. E&,MARGARET A'TRS REV TRUST STREET 02492
206042' :BROYER;F.PAUL ;26'SHORT,BEACH" CENTERVILLE;
ROAD MA.02632
206043' HEALY,'ANNE H 194 GROVE ST .
. WELLESLEY MA:
02482
TONSBERG; WESTWOOD MA.
206044 ROBERTA'): 11.CONIFER LN ,
02090
206045 GUILLET,EDWARD EDWARD E GUILLEr 754•CHESTNUT` NEEOHAM,'MA,
E TR.: REV TRUST' -STREET 02492,
HINE MARGARETA''`MARGARETA'HINE. FRAMINGHAM;
206046 TR TRUST 12;CLAUDETTE CiR MA 01701,
LADNER,R.BRIAN&
206047 LADNER,RONALD F. 29 JUNIPER LANE HOLDEN,MA ,
. - DS20
TRS
BLACKWELL, WOBURN;.MA,
206D48 RICHARD M&" S.FREDERICK CR
DIANE
BRYSON;.DOROTHY t. AUBURNDALP `
206049 p, 11 ACORN DR `MA02166
206050. ..HAMILTON P-0 BOX 106' CENTERVILLE :.
THOMAS H.M« MA 02632
,.
BALSAMO„ 1204.CRAIGVIL.LE t
` CENTERVILLE,,
Z06085001` ANTHONY,J&MARY 'BEACH ROAD REALTY, BOX 922 r ;
E TRS.' TRUST MA 02632
BALSAMO,. ' `1204 CRAIGVILLE CENTERVILLE;_
206087^ ANTHONY7&MARY' BEACH: CENTERVILLE,,
TERVI
E
1/20/2612.«
1Vlegsage Pagel of 2
206088 SHECHTMAN,GARY SAWYER,PAULG WBURY'&' 3S2 NE BOSTON,.MA. : C185805
L&CHRISTINE M&.SUSAN J STREET 01115
BARNSTABLE LAND COTUrr-,MA..
206089 TRUST,INC P O BOX 224, O2635 `C127029
50 WASHINGTON' SCHENECTADY'
206090 PAPA,MARIA M AVENUE NY,.12305 C194349
206091 TOBINS,SAUNDRA, 1110 CRAIGVILLE CENTERVILLE ." C185725
ET ALS BEACH"ROAD MA:02632:
206097 RICHTER DONALD
37..WATERSIDE DR• CENTERVIl1 E, C36017+
F&JOAN W MA 02632
WOELFEL,STEPHEN NORWOOD'MA
206106 :29 MAPLE STREET :C95002;
E&JANE F 02062
DRAKE,DAVID.G'& ,99S`NORTH;HW LANY: INDIAT IC;
206136 LLINAS; C184300
Al
JACQUELINE B A#401 1`132903:
This.list by itself does NOT constitute a.certified list of abutters and-is'pro"ded only as a'aid'to the determination of abutters if a..
certified list ofabutters is required,contact the Assessing Division to have thus fist cerfified.The owner and address data on this:list'Is,
from the Towri of:Barnstable Assessor's database.as of 1120/2012
r _ 7
1/26/2012
•
ZONING BOARD OFAPPEALS a ^.
;NOTICE OF PUBLIC fiEAtiiNGS g a„
' ,� � UNDERTHEZONING-0RDINANCE,�,.,;.1, �, .
w JANUARY 25 20740
2 " rawv
To aQ persons;triterested moor a#Feaedthe actions of they "
Zoning Boardsaf;pppeafsyoutare,heieby�notified pursvant;
Secbon 11,roi=Cturpter;4qA,of the�.l3eneral Laws of the .�. -- 'a
Caminomvealth of Massachusetts and ail';amandmepts thereto -
that a yubic hearing art the;folEcwmg appeals vnt!be4hetd any� °j •
.Wed day,"Jahuary 4,2012 at the gme.maicatea -7 .
:.-TOP
M . Appeal
DPB Consulting Sernees.torStarbueks Corporation'
DPB Consulting Ssnnces'(epreser>bng 5tar6ucks:Corporati n
has:�petitroned for a Cond�ional UseSpeaal`Fel►tut m the � - '
Highway Busmes's'District pu-rant to Sectlon 24Q25 C(1)to
rharige an existing reQ use:of apprmdmatety 1624 square feet,
mto�a�resfaurantl(ood establishment use.pnth apwra*italy
seats:'The sutiject properiq is loaated"at-655 lyarino''h Road .
' UniE'No 6 annis MA as`shown an,Assessor's'Ma 311 as c �HY 4Pa 1
Parcel 008 It is to the Highway Business"and Bu mess zoning
T10 PM Appeal No 2012-003 � Todd C EIweO, r� .
Todd C!Etwell has appged_ior a va iana3 to Section 24011(A �
,(1)'Rnn6pal`Peimitted•W61n the-Residence-8-Disfn66
Applicant is,mquesting avadance to allaiv;;an ewstlngaa scary
cottage to be;used as an affordable housing uNt'aThe subled3t'
`property"is located at 45 Newton Street,"tiyanncs as shovm on ..
Assessor's Mao,308 as Parcel 158 It in the Resdence 8?,
Zoning Drstnct � 5x ~rr .:k*',.t-'r`"`sC`�•,�,"�` � � ,.
,These Public Hearings w0t be wd at;the Barnstable Towne
Ha0.367 Mam Street,Hyannis MA,Hearing Room'�2^d FlooG�! .
Wednesday`"January 25".%20'12 r"Plans sand appirktians may:�r `
'°ba,enewed'at"tha 2oning7$oard of,AppeWl 7OfHce Grethn w
m
Management;Department,-"Town Offices,'�200 Main;Street,� tp
Hyanns MA a r r' ` o
a r LZmaura F Shutei4 Chaim *TOWW OF BARNSTABLE +'
rmg Board ofAppea s t ", ZONiNG,BOARD OF:APO'
The Bamstable Pabiot 0.0-n Sri
HEAWN
January 6 and,January 13,2Q12 * ` UNDER 0IRD THEZONtN� NANPOW
GCE .. '
JANUARY 25 20,12 i a"
..Toai1 persons mtensfed m or afFectet(by�fhe'adtons of khe -�:
Zonmg Board of App-,,,,, ware&hereby notified*pursuant
'to Section i of Chaptej 40A of the Genpi* l a s of the
Commomveai0r of Massachusetts anda[lamanhdroertLs thereo„
s hei a puhl�c"hearmgxori the fo�iQ appeals v Cow,'held
Wednesia 3JanuayyhK 012 at the iime,irtdicat ��a ;
fr7 00 PM � Appeal Wo2012-001"
DPB Consulting Services forStarb'pcks Corporation
' �DP,B Consuttng Services r�"epresenhng Starbucks Gorpotion.�,
agasrpetrhonedfora,Cor rffonalUse SpeaalPnrtm they
}lighwar 8usinessDutni!pursuant to Section 24025
°,change ariewsbng reteuse of approxymatety 1;ti24 square test .. .
rinta a,restaurantlfaod estebtishment,use vnOr approwmateiyv24
sea�si
U yarmis own on a, subp As esso Rnu3nd No H MA ash ap1oad r
asp
Parcel 008It is r'the Hrgineray Busrne{,,'arid 9usrness zoning s
• � ,710 PMw,zAppeal No 2012-003 `�Todd C Elwell� �.?.
Todd C EWid has a�pit- for a vatiartee to Secban 240 i1•(A
(7)PrinapaI Permt1tedsUl e£in the Res�dettaai B;Di ct The x
¢ ppharnt caquesa aranaece toy Ilanetig accessary
cottage to Abe used as an affordaWertrousing witThe subled
propertyt�s located at 45 Newton Street
W < w� 4I1nLs aaalYnlgan
Assessors fylapi300 as Para�l 158 "i�t Ls fn t a Resfdenaa B
These`�Qub{fcHeanngs w01}be Aed at t aBamstablT°wn a j
Ha11 �67MainShee�gF yanms hlJ1,"Hearing Roan 2eQ Floor .
Yyednasday January Z5;20j2yPlaisaaPpion�,`"may
be#revrewed:,a��slhe Zoning Board of�Apals Grrnvthj
uM;tgagement u"OIpartment T m 200 m Street
klk
V � L Laura,FFF.,Shufai'Chair
Tf�re Bamstbte Pah%t r r
January 6 and aanoary 13 20y t
M
Town. Df Barnstable.
Barnstable
OFFICE. TOWN ATTORNEY
0 BAIUMAO r SS 367 Main Street: ►
ib �,� Hyannis NIN02601-3907 O �>
2007
RUTH.J.WEIL,Town Attorney Tel:# 508=862;. 620:
T.DAVID HOUGHTON, 15t Assistant Town'Attorney Fax#: 508-862-4724'
CHARLES S.McLAUGHLIN,Jr.,Assistant Town Attorney.
CLAIRE R.GRIFFEN,ParalegaIlLegal Assistant""
PAMELA D.GORDON..,Legal Clerk
inter-office MemorandumSE
' `Q
Q
To: Art Traczyk; .i ► �'
From:. Charles S. McLaughlin,.Jr.
Date: April`1;20.1.0 f = -
..
Subject: Tonsberg,Decision'
Our File Ref;-, . 2006-0229.".
Enclosed is the Appeals Court decision.in the Tonsberg matter: Please distribute
this decision to both the former and the.,current.,Zoning Boards' Thank your
QMP d
Encl.
20060229'traczyk memo dccision.doc;
t
I
Westlaw.Result Pap 1 of 2
Term
NOTICE: Decisions issued by the.Appeals Court pursuant tots.rule j:28.are primarily-,addressed:,to the parties and,
therefore, may not fully address the,facts of the case or the panel's decisional rationale: Moreover, rule 1:28 decisions are
not circulated to the.entire court and,thereifore.,.,represent only the views of the panel thatdecided the case. A summary'
decision pursuant to rule 1:28, issued-after"February 25,.2008, may be cited for its persuasive value but, because of the
limitations noted above, not as binding`precedent:
COMMONWEALTH OF MASSACH.USETTS APPEALS.:000RT.
FREDERICKTONSBERG &'another>[ERIJ.v§.-BARNSTABLE ZONING BOARD-OF'APPEALS..
69-P-649
'MEMORANDUM AND.ORDER.PURSUANT TO'RULE.1..28
:Frederick and Roberta Tonsberg (plaintiffs), brought an appeal, pursuant to G. L."c. 40A, §;17., to the Land'Court seeking.
review of the decision of the town of Barnstable.zoning:board of appeals (ZBA or board)denying ahem a:special,permit.
After a bench trial,the Land Court judge found and ruled (from the bench)that the;ZBA did not act:arbitrarily,or
capriciously in its denial.of a special,permit and affirmed.the board's.decision. The plaintiffs.appeal.
On appeal the plaintiffs argue,,first, that the ZBA"based its decision on a legally unte.thnable.`ground'by`failing to weigh..
adequately the detrimentto'the neighborhood caused by the new structure versus' e d.etrimentresulting from the
existing structure. Second,they contend"that.:the decision was.:unsupported by the evidence and, therefore, arbitrary.:and
capricious. Both arguments, the plaintiffs assert,.require u,s to reverse the judgment,of the:Land Court;and order judgment
for the plaintiffs, granting'theMa special permit. Given the deference owed the board and<the standard of review we-
.apply;
to the findings of a Land Court judge,we affirm.
'On appellate review,-the judge's findings'of fact will not be set aside:.unless they.-are'clearly.erroneous'or'there`-is.'no
evidence to support them:" Wendy's Old.Fashioned Hamburgers of N.Y., Inc. v.,Board of.Appeal of Billerica, 454.:Mass.
374, 383 (2009),quoting from DiGio.vanni.v;.8oard of Appeals of:Rockport,, 19'Mass. App.'Ct. 339, 343 (1985) '[W]e[,,
however,] scrutinize without deference the legal standard which the judge�applied to the facts:' Williams v.;Resolution GGF
Oy,.417`Mass. 377, 382 (1994) In the present context the legal standard, which the an, Court,judge properly
understood:;and applied; is one of deference.to.the.decision.of-the ZBA.:
General Lawsc. 40A,=§ 17,,1 inserted by St. 1975,,c.808, §<3, provides that the reviewing.court'shall-,hear all evidence,
pertinent to the authority;of.the board . . ..and determine the facts, and upon the.facts as..so determined, an nu,l;such
-decision if found to exceed the authority of such board." Un,derthis provision,though the court finds.facts d,e vo, see
Britton v. Zoning Bd. of Appeals of Gloucester,.59'Mass. App:.'Ct. 681 72 (2003), applying.those fndingsto'the;decision`.of
the board,the court may not disturb[ the board's determination] unless it is based,on a"legally untenable ground„or is.
unreasonable, whimsical, capricious or arbitrary:' MacGibbon y.:Board ofAppeals ofDuxbury,.356 Mass:.635 639 (1970).
See Wendy's, supra at 381-382."Under..this.standard, '[e]ven°if the record reveals'that':a,.desired special permit could
lawfully be granted by the board because the'applicant's;evidence satisfied;the statutory;a.nd regulatory criteria,the board.
retains discretionary authority to'deny the permit.'.Davis v.Zoning 00. of.Chatham, 52'Mass.-App. Ct. 349,355 (2001).
Moreover, '[e]ven when a zoning.board cites n.o,particuiarized reasons or:any specific evidence for its denial decision; its
action Will be upheld, as will that.;of a judge affirming'that'action under G..L.<c.,40A .§ 17,4,a rational basis for the denial
exists which is supported,,by the;record.' Id. at 356:
As we stated in Britton, supra at71-72,,the.review process'advances`.in two'stages. First; the,court:accords "some
measure:ofdeference"to the local board's interpretation of its own zoning by-laws,'-and considers 'whether the"board has:
chosen.... .-Aheproper�criteria and'standards to use in deciding to .:. ;deny`the . : special permit application.'Id. at,:73,
quoting from APT Asset.Mgmt, Inc..v..Board of Appeals of Melrose, 50 Mass App.,Ct. 'T33, 138.(2000):. Second;_and '[a]'
board has drawn on proper criteria:and:standards, the:court : . . must determine ;whether" .,. any
ssurfiing.that the `
'rational board could conclude: hat the.additionor alteration the applicants,propose would be�substantially more
detrimental to the neighborhood than the existing structure.'Id. at 74,.
Applying the foregoing standards,,the;judgment of the Land Court must stand.The,plaintiffs'argurnent;,as'tothe legal
basis of the,board's decision is.upavailing.-Accordingto the plaintiffs, because the board's findings referlo their'proposed
structure-as 'constitut[ingj a:substantial detriment.to..the neighborhood,' the board did notconduct.the proper;and
requisite weighirig ofthe impactiof the proposed structure versus that of the existing structure.:]ustas c.;'40A is 'not
file:!/Q.1W'PFTLES\CASES\2006CASE\20060229\Rule,1-2$Decision 032610. tm. 4/1/20101
•
`WestlawResult Page 2.of 2
satisfied bya mere repetition of the statutory words Shop World, Inc.v.'Beacon Terrace,Realty,,.Inc.,.353 Mass. 63,
6.7 (1967), quoting from Pruslk:v. Board ofAppea!of Boston,.262 Mass. 451, 45.7=458 (1928), conversely, the:.omission of
a few words from tiie'statute and bylaw,language does.not amount,to the imposition of legally untenable:criteria upon the
plaintiffs' application. See.Board'of Aldermen.of Newton v.1.man ace,.429 Mass:726, 732.(1999)'.(h6lding, 'where a board
denies a special permit the requirement that.the board..provide reasons supporting.its decision[] is less demanding than if
the board had acted'affirmatively').The decision of the:ZBA.clearly evinces the notion that'the:.:dissenting board members
were considering.the proposed,structure the.backdrop of what was already..there the plaintiffs:take the quoted
phrase out of context.
As to the plaintiffs' other claim on appeal, that too is without-merit::TheIand Court judge ruled thatahe visual and
aesthetic impact of the proposed structure, which:is roughly twice the:size:bf'the'existing'building,.provided the';board .
sufficient grounds.to deny the plaintiffs' a pplcation.'This ruling is consonant with:our case law. See Britton;.supra at 76-.
77. Moreover, because of the size.of the proposed,structure-andthe concomitantly.'large+;septic system required:under Title.
V; that system will need a retaining well that:will affect parking andaraffic in the immediateiv I.icinity. A' dingly;'a
rational basis for the denial exists which is supported by the record,' Davls,?supra at 356,.and the Land Court judge
properly affirmed the decision of the board.
Judgment affirmed.
By the Court.. (Cypher, Kafker&Trainor;JJ.),,
'Entered: March�26; 2010.
FNL Roberta Tonsberg.
END OF DOCUMENT
Term
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file:HQ:\WPFILES\CASES12006CASE\20060229\Rule 1-28 Decision 032610a tm- 4/1Z2010
Page 1 of 1
Anderson, Robin
From: Betsey Fitzgerald [fitzgeraldbb@gmail.com],
Sent. Thursday, May 18, 2017 3:27 PM
To: Ells, Mark; McKean, Thomas; Mckechnie, Robert; Buntich, JoAnne; Herrand, Karen; Anderson,
Robin; Paul.MacDonald @town.barnstable.ma.us; Town Council Mailbox
..Subject: Re: Letter and petition from Centerville resident, Betsey Fitzgerald
Dear Town Officials,
I am writing to you today with a great deal of frustration that the letter below_ and attached documents
was sent to all of you last August. I received some but very little response.
My:request is simple....I would like to sit down and speak with those who I could work with to come to
some sort of solution to the issues described in the documents. As time has passed,there are additional.
items regarding the condition of our street that I would also like to discuss.
In addition to my previous concerns, the condition of the road has deteriorated a great deal,particularly
I' in front of a home being remodeled for over 3 years. (Which is also questionable.) The upper half of
Short Beach Rd. was resurfaced last year and the bottom half needs to be resurfaced. There are full time
residents-living on this section of the street and we need to find a solution to having the town become
more involved in the care of the road,both in plowing in the winter and ensuring the condition of the
road is adequate. '
If you feel the attached information as well as the concern I have just described is not something you can
help me with; please forward this to those town officials who would be able to help me.
Please respond to this letter at your earliest convenience and I look forward to sitting down with anyone
who can assist in finding a solution to our issues.
Thanks very much,
Betsey Fitzgerald
978-460-1238
Qn Tue,Aug 30, 2016 at 11:42 AM, Betsey Fitzgerald<fi.tzge.raldbbngmail.com>wrote:
Dear.Town of Barnstable Officials,
:;Last Thursday, August 25,the attached letter and petition were sent to you along with a document
stating.the Barnstable code 224-4. lam writing today to ensure that you have received these pieces of
04il:and perhaps will address at your earliest convenience.
'lease respond to me'with an email or call when you are able that you received these pieces of.mail
:: and.have been able to review. Thank you for your consideration and time.
�i}icerely,
. Betsey.Fitzgerald '
9.7:8460-1238 .
5118/2017
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l
r
I
Town of Barnstable
Regulatory Services
d' Richard V. Scali,Director 4
Building Division BARNSTABLE
BARNnABLE eu nsrwuc>urtsvtuc.m um xxR.
9 MABS. - »oasmxsx�us.osaxwe:wuriuxnru�
cb 16g9. ,� Paul K. Roma 1639-2014
Building Commissioner
200 Main Street, Hyannis, MA 02601 .
www.town.barnsta ble.ma.us
Office: 508-862-4038 Fax: 508-790-6230
i
September 1, 2016
Ms. Betsey Fitzgerald r
90 Short Beach Road
r
Centerville,MA 02632
Re: 2 Short Beach Rd.
Dear Ms. Fitzgerald,
Thank you for letter of August 25 2016.
Y �
The Building, Health, Zoning,'and Police Departments are aware of your concerns regarding the above
referenced property. However,there are no issues that can be addressed by any of these departments as
-the house is neither vacant, abandoned, nor in foreclosure as Ordinance 224 governs.
This complaint must be considered closed unless or until the circumstances change.
Sincerely,
VLO G
Paul Roma
Building Commissioner
t
' T ,
r -
Message Page l of 1
Anderson, Robin
From: Gallant,Therese
Sent: . �Monday, ry.J n �
a ua 30 2017 8:17 A M
To: MacDonald, Paul; Scali, Richard; McKean, Thomas; Stanton, David;Anderson, Robin
Subject: RE: 2 Short Beach Rd .
=3.
A quick note on this property...Robin and I had conducted an inspection over the summer of this property
following a complaint to the Chief. There were no'concerns noted at that time that could be addressed by
any entity. I did speak with the owner of the property following our visit(this was documented in the police
log) who provided me with his opinion on,matters..He told me that he has no intent at this time to do '
anything with that parcel as his last proposal had been turned down by the Zoning Board. He further added
that if the Town or any other person wanted to.purchase the property at fair market value, he would be';
willing to sell it to them.
Therese
-----Original Message-----
From: Scali, Richard
Sent: Friday,January 27, 2017 10:42 AM
To: McKean,Thomas; Stanton, David; Gallant,Therese
Subject: FW: 2 Short Beach Rd
Tom: - -
Have you or your staff been able to visit this site?Has the condition changed or are there anyviclations7
h.
R'c ar d
From: Anderson, Robin
Sent: Thursday,January 26, 2017 4:06 PM
To: Scali, Richard
Subject: 2 Short Beach.Rd:
I stopped by today with Bob. There is no visible change to structure or the site. The property
.is simply vacant- not abandoned and not foreclosed:
Robin C.Anderson
Zoning Enforcement Officer
200 Main Street
Hyannis,MA 02601
508-862-4027
1/30/2017 i
f
a
Roma, Paul
From: Roma, Paul
Sent: Wednesday, May 24, 2017 10:53 AM
To: Ells, Mark
Cc: Weil, Ruth;Jenkins, Elizabeth; McKean,Thomas;Anderson, Robin
Subject: RE: Letter and petition from Centerville resident, Betsey Fitzgerald
Attachments: 2017_05_24_10_41_33.pdf
Hi,
Similar concerns were raised in September of 2016 and responded to in a letter dated September, 1, 2016. Because
circumstances have not changed, i.e.the house is neither abandoned nor in foreclosure , nor unsafe, we have reason to
pursue this matter. -
Thanks,
Paul
From: Ells, Mark
Sent: Thursday, May 18, 2017 3:32 PM �
To: Weil, Ruth; Jenkins, Elizabeth; Roma, Paul
Subject:,Fwd: Letter and petition from Centerville resident, Betsey Fitzgerald i
Sent*om my Verizon, Samsung Galaxy smartph.one
-------- Original message -------- �.
From: Betsey Fitzgerald <fitzgeraldbb2gmail.com>
Date: 5/18/17 3:26 PM (GMT-05:00).
To:iMark.Ells@town.barnstable.ma.us, "McKean, Thomas" <Thomas.McKean@town.barnstable.ma.us>;:.�:
Robert.McKechnie�Ltown.bamstable.ma.us, Joanne.Buntichntown.barnstable.ma.us,
Karen:Herrandna,town.bamstable.ma.us, Robin.Anderson@a town.bamstable.ma.us,
Paul.MacDonald@town.barmtable.ma.us, council town.barnstable.ma.us
Subject: Re: Letter and petition from Centerville resident, Betsey Fitzgerald
Dear Town Officials,
f ani writi ig to yott today with a great deal of frustration that the letter below and attached documents was sent
to all�-of you last August. I received some but very little response.
My.request is simple.,...I would like to sit down and speak with those who I could work with to come to some
sort-:Of solution to the issues described in the documents. As time has passed, there are additional items
regarding the condition of our street that I would also like to discuss.
Intaddition'to my previous concerns, the condition of the road has deteriorated a great deal, particularly in front
of a l'o'me being remodeled for over 3 years. (Which is also questionable.) The upper half of Short Beach Rd.
was resurfaced last`year and the bottom half needs to be resurfaced. There are full time residents living on this
section of the street and we need to find a solution to having the town become more involved in the care of the
road;.botfi in plowing in the winter and ensuring the condition of the road is adequate.
i 1
I -
If ypu:feel the attached information as well as the concern I have just described is not something you can help
me with;please forward this to those town officials who would be able to help me.
Please respond to this letter at your earliest convenience and I look forward to sitting down with anyone who
can ass st in finding.a solution to our issues.
Thanks very much,
Betsey:Fitzgerald
978`-460-1238
Ox:Tue Aug 30, 2016 at 11:42 AM, Betsey Fitzgerald<fitzaeraldbb@gmail.com> wrote:
DearTown of Barnstable Officials,
LT:.. liursday, August 25, the attached letter and petition were sent to you along with a document stating,the.
Barnstable code 224-4. I am writing today to ensure that you have received these pieces of mail and perhaps
Will address at your earliest convenience.
Pleas&respond to me with an email or call when you are able that you received these pieces of mail and have
been able to review. Thank you for your consideration and time.
Sincerely,
Betsey Fitzgerald
9-78-4604238 '
" Town-of Barnstable
Regulatory Services
Richard V.Scab,Director QkA
g Building Dm9. . ion BOST, a
Paul K.Roma ice.
Building Commissioner
200 Main Street, Hyannis,MA 02601
WWWAO"bamsbble mms
Office.508-8624038 . Fax:508-790-6230
i
September 1,2016
Ms.Betsey Fitzgerald
90 Short Beach Road
r
Centerville,MA 02632
Re:2 Short Beach Rd.
Dear Ms.Fitzgerald,
Thank you.for letter of August 25,2016.
VT`'`The Building,'Health,Zoning,and Police Departments are aware of your concems regarding the above.
referenced property.However,there are no issues that can be addressed by any of these departments as
the house is neither vacant,abandoned,nor in foreclosure as Ordinance 224 governs.
This complaint must be considered closed unless or until the circumstances change.
.'Sin rely,
(VO-i
Paul Roma
Building Commissioner
6 . 4
j',
Official Website of The Town of Barnstable - Property Lookup Page 1 of 4
Select Language
Assessing Division Property Lookup Results - 2017
367 Main Street,Hyannis,MA.02601
<< <<
BACK TO SEARCH Print Friendly
Owner Information-Map/Block/Lot:206/1231-Use Code:1010
Owner
Owner Name as of FITZGERALD,MICHAEL T& Map/Block/Lot G/S MAPS -
1/1/16 BETSEY B 206/123/
PO BOX 305 Property Address
90 SHORT BEACH ROAD
c: CENTERVILLE,MA.02632
Co-Owner Name
Village:Centerville
Town Sewer At Address:No
GIS Zoning Value:CBDLBSB
Assessed Values 2017-Map/Block/Lot:206/1231-Use Code:1010
2017 Appraised Value 2017 Assessed ValuePast Comparisons
Building $668,800 $668,800 Year Assessed Value
Value:
Extra $33,300 $33,300 2016 $1,686,100
Features: 2015-$1,504,500
2014-$1,506,200
2013-$1,577,500
Outbuildings:$64,000 $64,000 2012 $1,532,000
2011-$1,549,500
Land Value. $937,600# $937,600 2010-$1,364,800
2009-$1,468,200 ,
2017 Totals $1,703,700 $1,703,700 2008-$1,340,700
2007-$1,018,300
Tax Information 2017-Map/Block/Lot:206/1231-Use Code:1010
Taxes
C.O.M.M.FD Tax(Residential) $2,078.51
Community Preservation Act Tax $487.60 Fiscal Year 2017 TAX RATES HERE
Town Tax(Residential) $16,253.30
$18,819.41
Sales History-Map/Block/Lot:206/1231-Use Coder 1010
, Y •
History:
Owner: Sale Date Book/Page: Sale Price:
FITZGERALD,MICHAEL T&BETSEY B 2006-10-20 21449/123 $1450000
http;//www.towfi6fbamstable.us/Assessing/propertydisplayscreenI 7.asp?ap=O&searchparc... 5/18/2017
Official Website of The Town of Barnstable - Property Lookup Page 2 of 4
1
RAYMOND,GEORGE A&SHIRLEY M TRS1994-12-30 9503/113 $1
RAYMOND,GEORGE A&SHIRLEY M 1979-01-08 2852/303 $0
Photos 206/123/-Use Code:1010
e - a
=`tea
Sketches-Map/Block/Lot:206 11231-Use Code:1010
JX
1 € �0
ate: a r r' 1
As Built Cards:crck card#to view:Card#1
Constructions Details-Map/Block/Lot:206/123/-Use Code:1010
Building Details Land
Building value $668,800 Bedrooms 3 Bedrooms USE CODE 1010
Replacement Cost $719,123 Bathrooms 3 Full-3 Half Lot Size(Acres) 0.6 .
Model Residential Total Rooms 6 Rooms Appraised Value$937,600
Style Cape Cod Heat Fuel Gas . Assessed Value $937,600
Grade Exceptional Heat Type Hot Air
Year Built 2007 AC Type Central
Effective depreciation 7 Interior Floors Hardwood .
Stories Interior Walls Plastered
Living Area sq/ft 3,118 Exterior Walls Wood Shingle
Gross Area sq/ft 5,106 Roof Structure Gable/Hip
Roof Cover Wood Shingle
Outbuildings&Extra Features-Map/Block/Lot:206/123/-Use Code:1010
r Code Description Units/SQ ft Appraised Value Assessed Value
FOPC Open Prch-roof, 56 $5,600 $5,600
ceiling
GAR Attached Garage 264 $21,500 $21,500
DKLT Dock-Light 1 $52,800 $52,800
t
WDCK 576 $8,000 $8,000
http://www.townofbamstable.us/Assessing/propertydisplayscreenl 7.asp?ap=0&searchparc... 5/18/2017
Official Website of The Town of Barnstable - Property Lookup Page 3 of 4
?? Wood Decking
w/railings
PAT2 Patio-Good 338 $3,200 $3,200
FPL3 Fireplace 2 story 1 $6,200 $6,200 E
Sketch Legend
Property Sketch Legend
82N Bam-any 2nd story area FPC Open Porch Concrete Floor REF Reference Only
BAS First Floor,Living Area FTS Third Story Living Area(Finished) SOL Solarium
BMT Basement Area(Unfinished)FUS Second Story Living Area SPE Pool Enclosure
(Finished)
BRN Bam GAR Garage TQS Three Quarters Story(Finished)
CAN Canopy GAZ Gazebo UAT Attic Area(Unfinished)
CLP Loading Platform GRN Greenhouse UHS Half Story(Unfinished)
FAT Attic Area(Finished) GXT Garage Extension Front UST Utility Area(Unfinished)
FCP Carport KEN Kennel UTQ Three Quarters Story
(Unfinished)
FEP Enclosed Porch MZ1 Mezzanine,Unfinished UUA Unfinished Utility Attic
FHS Half Story(Finished) PRG Pergola UUS Full Upper 2nd Story
(Unfinished)
FOP Open or Screened in Porch PRT Portico WDK Wood Deck
PTO Patio
l
EPrint Friendly
Contact
h Director of Assessing
Jeffrey Rudziak
P 508-862-4022 i
F 508-862-4722
8:30a.m.to 4:30p.m. 1
t
Public Records
Anne Quirk
Request Public Records
P 508-862-4022
367 Main Street
Hyannis,MA.02601
(Heipful Links to� �
.. ,Downloads
1
Abatements
http://www.townofbamstable.us/Assessing/propertydisplayscreen l 7.asp?ap=0&searchparc... 5/18/2017
August 25, 2016
To: Mr. Frederick Chirigotis, Councilman, Precinct 4
Town Manager,Mark S. Ells
Thomas Mckean,Board of Health
Robert McKechnie,Building Inspector
Joanne Buntich, Growth Management
Karen Herrand, Planning Board
Robin Anderson,Zoning
Paul MacDonald,Chief of Police
I am writing regarding the.apparent abandoned property at 2-Short Beach-R-oad�
Centerville, and the unoccupied property at 34 Short Beach Rd. It is my opinion that,
not only are they unsightly and a serious detriment to our neighborhood and
property values,but they are also becoming a danger to health and safety.
My grandfather bought our family home here in 1948 and I spent all my summers
growing up on this street. My sister and her,family,are still living in our family
summer cottage. My family has moved to the end of the street and as of two years
ago,live here full time: So needless to say, I.am quite familiar with the street and
the area in general. Some changes have taken place but for the most part,all for the
good. It is my concern and goal to see that our street is maintained with care and
respect for the environment as well as keeping the integrity of the charming beach
side community that it has always been.
In recent years,the Hyannis area,like many in other parts of Massachusetts,has
seen an increase in drug-related crime due to the opioid epidemic. It is well
documented that"broken windows".(abandoned and deteriorating properties) in an
area invite criminal activity.
(l�tt :// _rcgra��s.lisc.of g/esi Jimaes/clsif��e_&_safety_topics/asset_uaload_file9 OO_
16143.pd t
The high grasses, especially in close proximity to areas where people like to set off
fireworks, are a fire hazard, (#2), especially to shingled properties (and in fact, an
abandoned house at.26 Short Beach burned to the ground many years ago).
The nuisances of people parking at#2, dumping their garbage there and leaving dog
and other waste is constant, and obviously worsens in the summer. People access
the marsh to fish&drink via#2 as it is obvious that it is apparently abandoned.
A conversation with the owner of#34 reveals a different case regarding an owner
who is trying to improve the property. It seems the owner,Mr. Guillet maintains his
property as it stands now;pays property taxes; pays a utility bill each month; and
has proposed plans to the town for fixing up this property. The process of building a
new house takes quite a bit of time with substantial restrictions and regulations,as
he has been trying-to get something done for at least 6 years. And in the meantime
the town has also told him he may not demolish the home to at least get rid of the
deteriorating home on the property,This is simply unreasonable:
While I am not interested in developing a perfectly manicured neighborhood, I do
feel strongly that out of respect for property owners in the neighborhood who
maintain and take pride in their property and,also pay substantial taxes,there
should be some expectations for owners who have chosen not to maintain their
properties.
I have shared this letter with my neighbors and they have signed the attached
petition. It is our opinion that the town must work with property owners of these
deteriorating homes.to come to some sort of a reasonable agreement to make their
properties slightly and safe. It is very unfair to the owners of these properties as
well as the neighboring homeowners whose property value could very well be
-diminishing.To ignore this would be a serious disservice to our neighborhood.
It is my hope to have a conversation with yourself and anyone else you might
suggest to address the issues I have brought to your attention. Myself and the
residents of Short Beach Rd.,would very much like some attention and ultimately
resolution to the deteriorating property issue on our street.
Thank you for your attention and consideration at this time.
1 �1 T
Betsey Fitzgerald
90 Short Beach Rd.
Centerville, MA 02632
H 508-957-2488
C 978-4.60-1238
The residents of Short Beach Rd. and'surrounding residents in Centerville request that the
Town of Barnstable work with the owners of properties, #2 and #34 Short Beach Rd. as well as
the owners of all properties on Short Beach Rd. to arrive at a solution to enable owners to
appropriately develop and renovate these properties.
Given the length of time these properties, #2 and #34 Short Beach Rd., have not been
occupied, we request that the restrictions and regulations to renovate and improve properties in
the Town of Barnstable on the Centerville River be examined. After careful consideration, it is
our hope for these properties, #2 and #34, be improved and renovated to once again become
occupied residences of Short Beach Rd. and not in the present unoccupied state our community
has endured for many years.
We ask that the Town of Barnstable work in a reasonable and common sense,manner with the
property owners of#2 and #34 as well as the property owners of Short Beach Rd.
Signed:
')g14 L
q5
T. A
h n- 8tadt,
A
Additional information for your review:
Please take note of the following document in the Town of Barnstable Code, 224-4. It seems this
Code may very well apply to the properties we have concerns with on Short Beach Rd.
224-4 BARNSTABLE CODE § 224-4 (1) Any owner or mortgagee of a vacant property,having
taken ownership or possession as provided in Subsection A(i) of this § 224-4, shall also comply
with the following within the time periods set forth in Subsection A: (a) Register the property as
a mortgagee irrespective of entry into ownership or possession as a mortgagee as provided under
§ 224-3A. (b)As may be required by the Fire Chief for commercial property, file one set of
space utilization floor plans for any buildings on said property with the Fire Chief and one set of
said plans with the Building Commissioner and certify space utilization plans as accurate twice
annually, in January and July. (c) Remove from the property, to the satisfaction of the Fire Chief,
hazardous material as that term is defined in MGL c. 21 K, as that statute may be amended from
time to time. (d) Secure all windows and door openings and ensure that the building is secured
from all unauthorized entry continuously in accordance with the United States Fire
Administration National Arson Prevention Initiative Board Up Procedures or provide
twenty-four-hour on-site security personnel on the property. (e) Post "No Trespassing" signs on
the property. (f)Ensure that structures are maintained in sound condition. (g)Maintain lawns and
shrubs free from excessive overgrowth.(h) Drain all water from the plumbing and turn off all
electricity betweenSeptember 15 and June 15 of each calendar year to guard against burst pipes
and fires. (i)Maintain the property in accordance with the Barnstable Zoning Ordinance,) the
definition of"maintenance" in this chapter, and any other provision of this chapter; and dispose
of trash, debris and pools of stagnant water as provided in Chapter 54 of the Town of Barnstable
General Ordinances concerning the maintenance of property. 0) Maintain all fences around
swimming pools or install fences as required by Chapter 210 of the Barnstable General
Ordinances and maintain existing fences or install fences around spas. (k) Provide the Fire Chief
and Building Commissioner with the name, local address, telephone number and e-mail address
of a responsible person, if different from the person named in the registration under § 224-3A,
who can be contacted in case of emergency and cause the name and contact number to be
marked on the front of the property as may be required by the Fire Chief or Building
Commissioner. 1. Editor's Note: See Ch. 240, Zoning. 224:4 12 - 01 - 2013 § 224-4 VACANT
AND FORECLOSING PROPERTIES § 224-6(1) Maintain liability insurance on the property
and furnish the Building Commissioner with a copy of said certificate of insurance. (2) A
mortgagee of foreclosing property shall additionally provide the following: (a)A cash or surety
bond in the sum of not less than $10,000, to secure the continued maintenance of the property
throughout vacancy or the foreclosure process until the property is sold or transferred and
remunerate the Town for any expenses incurred in inspecting, securing,marking or making such
building safe, a portion of which shall be retained by the Town as.an administrative fee to fund
an account for expenses incurred in inspecting, securing, and marking said building and other
such buildings that are not in compliance with this chapter, and such bond or bonds for all other
vacant or foreclosing properties it owns in the Town; (b) Schedule inspections with the Building
Commissioner and Health Director, who may at his or her discretion include the Fire Chief,
within a reasonable time after notification under Subsection A(1) in order to confirm that the
land and the interior of all structures comply with the provisions of this chapter and/or identify
the provisions with which the property does not comply and establish a program to bring the
property into full compliance; and (c) Notify the Building Commissioner in writing when the
property is sold or transferred.
7:50 PM Appeal 2006-085—Cont. Tonsber
g
Special Permit Demo/Rebuild Nonconforming Lots x
�\
No Members Assigned,No Testimony Taken C
Opened September 13,2006,Continued to October 04,2006
Staff Report and application previously distributed
Frederick and Roberta Tonsberg have applied for a Special Permit pursuant to Section 240-91.H(2),
Demolition and Rebuilding on Nonconforming Lots. The applicants seek to demolish the existing
dwelling located on the property and reconstruct a new dwelling not in compliance with currant setback
requirements for the district. The property is addressed 2 short Beach Road, Centerville,MA, as shown
on Assessor's Map 206 as parcel 044. The property is in a Residence D-1 Zoning District.
8:00 PM Appeal 2006-086—Cont. HirsW131 Ocean View Realty Trust
Bulk Variance to Adjust Property Lines '
No Members Assigned,No Testimony Taken
Opened September 13,2006,Continued to October 04,2006
A September 15,2006 letter from Attorney Kevin M. Kirrane has been received requesting the
"withdraw without prejudice of the Applications ... pending before the Zoning Board ..."(letter
enclosed).
Steven E. Hirsch and 131 Ocean View Realty Trust, Steven E. Hirsch Trustee have applied for a Variance
to Sections 240-14.E, Bulk Regulations,Minimum Lot Area,Minimum Lot Frontage, and Minimum Side
Yard Setbacks and Section 240-36, Resource Protection Overlay District. The applicant seeks the
variance to allow reconfiguration of three lots into two lots,neither of the resulting new lots conform to
the 2-acre minimum upland area requirement of the Resource Protection Overlay District. In addition, the
reconfigured house lot addressed 131 Ocean View Avenue is to have 90 feet of frontage when the district
requires a minimum of 150 feet of frontage. The existing 1.3-foot side yard setback remains unchanged.
The three lots are addressed 131 Ocean View Avenue, 149 Ocean View Avenue and 90 Cross Street,
Cotuit,MA. They are shown on Assessors Map 34 as parcel 60, and Map 33 as parcels 15 and 30. All
are in a Residence F Zoning District and a Resource Protection Overlay District.
8:00 PM Appeal 2006-087—Cont. Hirsch
P Expand Preexisting Nonconforming Two Family Use
No Members Assigned,No Testimony Taken
Opened September 13,2006,Continued to October 04,2006
A September 15,2006 letter from Attorney Kevin M.Kirrane has been received requesting the
"withdraw without prejudice of the Applications ... pending before the Zoning Board ..."(letter
enclosed).
��,//�ffi.7/Z�tl./�/ GP//�lftJf/f ���✓�D/lf
Steven E. Hirsch has applied for a Special Permit pursuant to Section 240-92,Nonconforming Buildings
or Structures Used as Single and Two Family Residences and Section 240-94.B,Expansion of a
Preexisting Nonconforming Use. The applicant seeks to alter and expand the existing two-family non-
conforming use of the property. The proposal is to demolish one of the dwelling units and reconstruct it
as a new 2,080 sq.ft., guesthouse. The other"main"dwelling unit is also proposed to be expanded by an
additional 2,253 sq.ft. The property is addressed as 149 Ocean View Avenue, Cotuit,MA, as shown on
Assessor's Map 033 as parcel 15. It is in a Residence F Zoning District.
Zoning Board of Appeals—Agenda-October 04,2006 2
Town of Barnstable
Regulatory Services {
Richard V. Scali, Director ftAA
Building Division
R"NnAB�. : g BARNSTABLE
MA&S. 9n0.nSTAB E J RFnY.I E• JIT CYAN W..,
Paul K. Roma "'``"" 1639-2014 uRRSAb
Building Commissioner
200 Main Street, Hyannis, MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
September 1, 2016
Ms. Betsey Fitzgerald
90 Short Beach Road
Centerville, MA 02632
Re: 2 Short Beach Rd.
Dear Ms. Fitzgerald,
Thank you for letter of August 25, 2016.
The Building, Health, Zoning, and Police Departments are aware of your concerns regarding the above
referenced property. However,there are no issues that can be addressed by any of these departments as
the house is neither vacant, abandoned, nor in foreclosure as Ordinance 224 governs.
This complaint must be considered closed unless or until the circumstances change.
Sincerely,
Paul Roma
Building Commissioner
{
August 25, 2016
To: Mr. Frederick Chirigotis, Councilman, Precinct 4
Town Manager, Mark S. Ells
Thomas Mckean, Board of Health
Robert McKechnie, Building Inspector
Joanne Buntich, Growth Management
Karen Herrand, Planning Board
Robin Anderson, Zoning
Paul MacDonald, Chief of Police
I am writing regarding the apparent abandoned property at 2 Short Beach Road,
Centerville, and the unoccupied property at 34 Short Beach Rd: It is my opinion that,
not only are they unsightly and a serious detriment to our neighborhood and
property values,but they are also becoming a danger to health and safety.
My grandfather bought our family home here in 1948 and I spent all my summers
growing up on this street. My sister and her family are still living in our family
summer cottage. Myfamily has moved to the end of the street and as of two years
ago,live here full time. So needless to say;I am quite familiar with the street and
the area in general. Some changes have taken place but for the most part, all for the
good. It is,my concern and goal to see that our street is maintained with care and
respect.for the environment as:well as keeping the integrity of the charming beach
side community that it has always-been.
In recent years,the Hyannis area,like many in other parts of Massachusetts,has
seen an increase in drug-related crime due to the opioid epidemic. It is well
documented that"broken windows" (abandoned and deteriorating properties) in an
area invite criminal activity.
(http://programs.lisc.org/csi/images/crime_&_safety_topics/asset_upload,file900_
1.6143.pdfJ
The high grasses, especially in close proximity to areas where people like to set off
fireworks, are a fire hazard, (#2), especially to shingled properties (and in fact, an
abandoned house at 26 Short Beach burned to the ground many years ago).
The-nuisances of people parking at#2, dumping their garbage there and leaving dog
and other waste is constant, and obviously worsens in the summer. People access
the marsh to fish &drink via#2 as it is obvious that.it is apparently abandoned.
a
A conversation with the owner of#34 reveals a different case regarding an owner
who is trying to improve the property.It seems the owner, Mr. Guillet maintains his
property as it stands now; pays property taxes; pays a utility bill each month; and
has proposed plans to the town for fixing up this property. The process of building a
new house takes quite a bit of time with substantial restrictions and regulations, as
he has been trying to get something done for at least 6 years. And in the meantime
the town has also told him he may not demolish the home to at least get rid of the
deteriorating home on the property.This is simply unreasonable. .
While I am not interested in developing a perfectly manicured neighborhood, I do
feel strongly that out of respect for property owners in the neighborhood who
maintain and take pride in their property and also pay substantial taxes, there
should be some expectations for owners who have chosen not to maintain their
properties. -
I have shared this letter with my neighbors and they have signed the attached
petition. It is our opinion that the town must work with property owners of these
deteriorating homes to come to some sort of a reasonable agreement to make their
properties slightly and safe. It is very unfair to the owners of these properties.as
well as the neighboring homeowners whose property value could very well be
diminishing. To ignore this would be a seriousydisservice to our neighborhood.'-
It is my hope to have a conversation with yourself and anyone else you might
suggest to address the issues Lhave brought to your attention. Myself and the
residents of Short Beach Rd.,would'verymuch like some attention and ultimately
resolution to the deteriorating property issue on our street..
Thank you for your attention and consideration at this time.
Betsey Fitzgerald
90 Short Beach Rd.
Centerville, MA 02632
H 508-957-2488
C 978-460-1238
1
Additional information for your review:
Please take note of the following document in the Town of Barnstable Code, 224-4. It seems this
Code may very well apply to the properties we have concerns with on Short Beach Rd.
224-4 BARNSTABLE CODE § 224-4 (1)Any owner or mortgagee of a vacant property, having
taken ownership or possession as provided in Subsection A(l) of this § 224-4, shall also comply
with the following within the time periods set forth in Subsection A: (a) Register the property as
a mortgagee irrespective of entry into ownership or possession as a mortgagee as provided under
§ 224-3A. (b) As may be required by the Fire Chief for commercial property, file one set of
space utilization floor plans for any buildings on said property with the Fire Chief and one set of
said plans with the Building Commissioner and certify space utilization plans as accurate twice
annually, in January and July. (c)Remove from the property, to the satisfaction of the Fire Chief,
hazardous material as that term is defined in MGL c. 21 K., as that statute may be amended from
time to time. (d) Secure all windows and door openings and ensure that the building is secured
from all unauthorized entry continuously in accordance with the United States Fire
Administration National Arson Prevention Initiative Board Up Procedures or provide
twenty-four-hour on-site security personnel on the property. (e)Post "No Trespassing" signs on
the property. (f).Ensure that structures are.maintained in sound condition. (g) Maintain.lawns and
shrubs_free from excessive overgiowth.(h).Drain,all water from the plumbing and turn off all
electricity betweenSeptember 15 and June 15 of each calendar year to guard against burst pipes
and fires. (i) Maintain the property in accordance with the Barnstable Zoning Ordinance,l the
definition of"maintenance in this chapter, and any other provision of this chapter; and dispose
of trash,.debris and pools-of.stagnant water as provided in.Chapter 54 of the Town of Barnstable
General Ordinances concernini-the maintenance of property. 0)Maintain all fences.around
swimming pools or install fences as required by Chapter 210 of the Barnstable General
Ordinances and maintain existing fences or install fences around spa.s. (k).Provide the Fire Chief
and Building Commissioner with the name, local address,telephone number and e-mail address
of a responsible,persori, if different from the person named in the registration under§ 224-3A,
who can be contacted. in case of emergency and cause the name and contact number to be'
marked on the front of the property as may be required by the Fire Chief or Building
Commissioner. L Editor's Note: See Ch. 240, Zoning. 224:4 12 - 01 - 2013 § 224-4 VACANT
AND FORECLOSING.PROPERTIES § 2241-6 (1) Maintain liability insurance on the property
and:furnish the Building Commissioner with a copy of said certificate of insurance. (2)A
mortgagee of foreclosing property shall additionally provide the following: (a)A cash or surety
bond in,the sum of not less than$10,000,to secure the continued maintenance of the property
throughout•vacancy or-the foreclosure process until the property is sold or.transferred and r
remunerate the Town for any expenses incurred in inspecting, securing, marking or making such
building safe, a portion of which shall be retained by the Town as an administrative fee to fund
an account for expenses incurred in inspecting, securing, and marking said building and other
such buildings that are not in compliance with this chapter, and such bond or bonds for all other
vacant or foreclosing properties it owns in the Town; (b) Schedule inspections with the Building
C y ,
Commissioner and.Health Diree,tor,who may at his or her discretion include the.Fire Chief,
within a reasonable time after notification under Subsection.A(I) in.order to confirm that the
land and the interior of all structures comply with the provision; of'this chapter and/or identify
the provisions with which the property does not comply and establish a program to bring the
property into full.compliance; and(c)Notify the Building Commissioner in writing when the
property is sold or transferred:
I
` r
L
The residents of Short Beach Rd.and surrounding residents in Centerville request that the
Town of Barnstable work with the owners of properties, #2 and#34 Short Beach Rd. as well as
the owners of all properties on Short Beach Rd. to arrive at a solution to enable owners to
appropriately develop and renovate these properties.
r
Given the length of time these properties, #2 and#34 Short Beach Rd., have not been
occupied, we request that the restrictions and regulations to renovate and improve properties in
the Town of Barnstable on the Centerville River be examined. After careful consideration, it is
our hope for these properties, #2 and#34, be improved and renovated to once again become
occupied residences of Short Beach Rd. and not in the present unoccupied state our community
has endured for many years.
7
We ask that the Town of Barnstable work in a reasonable and common sense manner with the
property owners of#2 and#34 as well as the property owners of Short Beach Rd.
Signed:
p � adr
AUG C 7 REC'D
3225 MAIN STREET P.O. BOX 226
BARNSTABLE, MASSACHUSETTS 02630 By
CAPE COD
(508) 362-3828 Fax (508) 362-3136 0 www.capecodcommission.org COMMISSION
Certified and Electronic Mail
August 26, 2010
Frederick Tonsberg
11 Conifer Lane t
Westwood, MA 02090
RE: Tonsberg Reconstruction, 2 Short Beach Road, Centerville, MA— DCPC`
HDEX 10013 �-
Dear Mr. Tonsberg: z
On August 16, 2oio,the Cape Cod Commission received a.Hardship Exemption
Application for the above referenced project. Under the Cape Cod Commission Act,
the Commission is required to open a public hearing within forty five (45) days of a'�
Hardship Exemption application being deemed complete. At this time, Commission f
staff has found that the application is incomplete.As a result of the,incomplete
application, a public hearing has not yet been scheduled for this project. A list of
items still needed for application completeness is listed below for your convenience.
General Application Requirements ,
® An application filing fee (Staff estimates the fee is $5,000 pursuant to the
Schedule of Fees, Section 16 of the Commission's Enabling Regulations.
Please make checks payable to Barnstable Cou)*ty Treasurer.)
® Proof of receipt of a Project Notification Form by the Massachusetts Historical
Commission for the project
® Certification of Local Filing (Provide certification of filing copies of this
completed application with the Town Clerk, Building Inspector, DRI Liaison,
Planning Board, and any other local board before which a permit is pending
or action is,required for this proposed project)
® Certified abutters list of abutting property owners within 300 feet of the
boundaries of the development site and their addresses (please note, this
must not be more than 6 months old to ensure accuracy and the letter from
the Assessors office must also indicate that the list was prepared as required
}
by the Cape Cod Commission Act)
e Clarification regarding if there are pending or completed court claims
involving the property(Section C of the Application Cover Sheet)
Coastal Resources
The Base Flood Elevation (BFE) for the site is 11 feet. Attachment 1 (dated July
2010) of the application materials (page 3, Grading and Flood Area) indicates that
the home will be elevated to 12 feet, however the building plans show the top of the
foundation at 11 feet and 6 inches and a first floor elevation of ii feet and 81/4
.inches. Staff is requesting clarification.
Staff is requesting confirmation of the high groundwater elevation (2 feet)to ensure
that vertical separation between the bottom of the leach field and groundwater is
sufficient to allow the proposed septic system to function properly.
Water Resources
Attachment 1 of the application materials (page 3,Septic System) indicates that the
proposed septic system has been approved by the appropriate authorities. Please
provide clarification as to the local boards that approved the proposed septic plan.
Staff is also requesting copies of the Board of Health records that describe the failure
of the existing system and a log for the monitoring well depicted on the septic plan.
Heritage Preservation and Community Character
Attachment 1 of the application materials state that "The height of the roof on the
proposed home would be the same as the height on the current dwelling"(Page 2,
Structure). Please provide clarification on the final/proposed roof height.
Please do not hesitate to contact me with any further questions.
Sincerely,
Page Czepiga
Regulatory Officer
Cc: Jo Anne Miller Buntich, Director of Barnstable's Growth Manager Department
Tom Perry, Barnstable Building Commissioner
Roberto L. DiMarco, Esquire, 350 Main Street, 1st floor, Malden, MA 02148
Sharna Favuzza, Esquire, 350 Main Street, 1st floor, Malden, MA 02148
Royden Richardson, Barnstable Cape Cod Commission Representative
.. .:.vrti........-..'�,rs...ry......t»a:-,�. :��M �,.rrv...nipvr5�y,...dtiF�`",C�,�:.++.,+�''"w�1rg:.:..Y4+1:-+�.•'�.+,::,�.�'••}'{�9�-.n:...it„ ,+w:.,#�.-,;,.d..�Yw�.r�^'"`"`""`- v. ...-- .,-.`-'tw--..,,-a...,o. .:
s art'
HE. The Town of Barnstable
+ BARNA'I;S .
M ASS. Q* Department of Health Safety and Environmental Services
0
i639• �0
'QED na+" Building Division
367 Main Street,Hyannis,MA 02601
Office: 508-790-6227 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
Inspection Correction Notice
Type of Inspection l U C I *,
Location 1 1 a �?f kc_G-f Permit Number
Owner Builder
r
One notice to remain on jobsite, one notice on file in Building Department.
The following items need correcting:
.o-e: I LL
G 51 '—V -A
� r
Please call: 508-790-6227 for re-inspection.
Inspected by r' rev em-f
Date
Maloney Kathy
From: Schlegel Frank
To: Maloney Kathy
Cc: Barrows Debi; Health Department
Date: Tuesday, May 23, 2000 1:25PM
This office received a request from the owner of Map 206 Parcel 044 to change the address from#8 to#2 Short
Beach Road, Centerville. The request is granted and the database is corrected. You may need to update any
written files you may have. THANX
I
Y
Page 1
* TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map Parcel 7`� `f'� ,, Permit#
Health Division Date Issu1d -,YVConservation Division Fee �� 00
s
Tax Collector `=
Treasurer
Planning Dept.
Date Definitive Plan Approved by Planning Board
Historic-OKH Preservation/Hyannis
Project Street Addre qQQT C H' K0
Village V l LL--C'— (Y) d a
Owner Q(S E fL4-� o-)S 6,E�ZG Address
Telephone L5 oS> a-g -- S 5- /
Permit Request a-,'A-� C'F S H_
Square feet: 1 st floor:existing proposed 2nd floor: existing proposed Total new
Estimated Project Cost Zoning District Flood Plain Groundwater Overlay
Construction Type
Lot Size Grandfathered: Q'fe's ❑No If yes, attach supporting documentation.
Dwelling Type: Single Family Two Family ❑. Multi-Family(#units)
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.) /J Basement Unfinished Area(sq.ft)
(dumber of Baths: Full: existing new Half: existing new
.Dumber of Bedrooms: existing_ new
Total Room Count(not including baths): existing new _ First Floor Room Count 3
Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other
Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes 0 No
Detached garage:0 existing ❑new size Pool: 0 existing ❑new size Barn:❑existing ❑new size
Attached garage:❑existing ❑new., size Shed:0 existing ❑new size Other:
Zoning Board of Appeals Authorization ❑ Appeal# Recorded 0
Commercial ❑Yes )ioVo If yes, site plan review#
Current Use Proposed Use
� -� BUILDER INFORMATION
Name Q3(�6 r2G Telephone Number 1 5 S�
Address (e) License# d 15G 0
�_U. Home Improvement Contractor# T—
� �� Worker's Compensation#
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE DATE _ �1(a-)
t FOR OFFICIAL USE ONLY Y ,
{> PERMIT NO. -
i DATE ISSUED
MAP/PARCEL NO.
ADDRESS - VILLAGE
OWNER
DATE OF INSPECTION:
FOUNDATION
t
FRAME
INSULATION -
FIREPLACE ,
ELECTRICAL: ROUGH FINAL 4 '
PLUMBING- ROUGH FINAL -
GAS: t ROUGH FINAL
FINAL BUILDING
DATE CLOSED OUT -
f ASSOCIATION PLAN NO.
y
Building Division
RARNszesr.r:. ' 367 Main Street,Hyannis MA 02601
HAS&
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Curnmis_
HOJIEOWNER LICENSE EXEMPTION
Please Print
DATE: I
JOB LOCATION:
number n street (_$o Q�`tom Y vii 1
..HOMEOWNER: 6—�� �-r� I o,�s�3&U C�l G 3
name C home phone#/ work phone#
CURRENT MAILING,ADDRESS: J � �O��� U3
city/town state zip code
The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or
less and to allow homeowners to engage an individual for hire who does not possess a license,provided that
the owner acts as supervisor.
DEFINITION OF HOMEOWNER
Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is
intended to be,a one or two-family dwelling,attached 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 not be considered
a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the
Building Official,that he/she shall be responsible for all such work performed under the building permit.
(Section 109.1.1)
The undersigned"homeowner'assumes responsibility for compliance with the State Building Code and
other applicable codes,bylaws,rules and regulations.
The undersigned"homeowner'certifies that he/she understands the Town of Barnstable Building
Department minimum inspection procedures and requirements and that he/she will comply with said
procedures and requirements.
Signature of Homeowner
Approval of Building Official
Note: Three-family dwellings containing 35,000 cubic feet or,larger will be raquired to comply
with the State Building Code Section 127.0 Construction Control.
HOMEOWNER'S E3EMMON
The Code states that "Any homeowner performing work for which a building permit is required shall be exempt from the
provisions of this section(Section 109.1.1-Licensing of construction Supervisors):provided that if the homeowner engages a
persou(s)for hire to do such work,that such Homeowner shall act as supervisor."
Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see t
Appendix Q,Rules&Regulations for Licensing Construction Supervisors.Section 2.15) This lack of awareness often results in
serious problems.particularly when the homeowner hires unlicensed persons. In this case.our Board cannot proceed against the
unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible.
To ensure that the homeowner is fully aware of his/her responsibilities.many communities require.as part of the permit
application.that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is n
form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community.
Q:F0Rh1S:EXE%1PTN
the Commonweal t oj-M=a=u59=
. Deportment ojlndlUVW ACddents
600 Washington Street
Boston,mass. 02111
Workers' Compensation Insurance Atlidavit
nan+r•
Fred W. Tonsberg, High Ridge Homes, Inc. "
ioca*ion• 1939 Ocean Street
city Marshfield, Ma. 02050 ehnne (781)837-6551
[am a homeowner performing all work myself.
ri I am a sole proprietor and have no one working in any capacity
gg I am an employer providing workers'•compensation for my employees working on this job.
:....;.:::..
�mn,nv name. High Rid Se..,HotaeB
'•:.::.......:....: -
.
Aid. . 1939 Ocean Stieet ...... .. . .... . .......::.. ....:..:..,.. r �:
..,Marshfield Ma:: :.Q 430 ...::.
:: :;::..,... nhtieeEltV! lh7tt83insursnee co; .. 5 '1'.:..
Liberty Mutual It
I am a sole proprietor,general contractor,or homeowner(dmk ogre)and have hired the contractors listed below who hav
the following workers'compensation polices.•
add
... ....... ..,i.:.:.p ....
Citi.
one
iwmtr•+.ere to ..: :.. '»�>�.�` ..
city:company n2ine:
ehoee ffe
t8oaa s ee oeeessfar� MiL
-
Failure to secure coverage as required under Section 2m of MGL 1S2 can lead to the imposition of crin ow p•rattler of a Ilse up to S1.3 MM aswor
one ears'imprisonment as w.11 as civil penalties is the form of s STOP WORK ORDER anti a Dse of S1000 a day aping am I Understand that a
r ,
copy of this statement maybe forwarded to the 011ce of lavestfpdoss of the DU for coverage veritiesdos.
do benby cvWyJ .wider the pains and peratdet ojpa)grry that he Wmms don provided above is ruse and norm:&
Signature
Print name '� L oni;#
AV omcial use only do not write in this area to be completed by city or two omcial ,
city or town: permiWicesse M nBuilding Department
Ducensing Board
i I3 check if immediate response is required OSeleetmen's Otllce
CHta th Dcpsnmeet
contact person: tom"N: fJother�_
TMe r�
The Town of Barnstable.
� �m�' Department of Health Safety and Environmental Services
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
Permit no.
Date 2�0�
AFFIDAVIT
HOME IMPROVEMENT CONTRACTOR LAW
SUPPLEMENT TO PERMIT APPLICATION
MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion,
improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied
building containing at least one but not more than four dwelling units or to structures which are adjacent to
such residence or building be done by registered contractors,with certain exceptions,along with other
requirements.
Type of Work: S(e l� c fZ D Estimated Cost C61
Address of Work:
Owner's Name:
Date of Application:
I hereby certify that:
Registration is not required for the following reason(s):
Work excluded by law
r-lJob Under$1,000
Building not owner-occupied
O ner pulling own permit
` Notice is hereby given that:
OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED
CONTRACTORS FOR APPLICABLE HOME E"ROVEMENT WORK DO NOT HAVE
ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A.
SIGNED UNDER PENALTIES OF PERJURY
I hereby apply for a permit as the agent of the owner.
Date Contractor Name Registration No.
Date Owner's Name
q:forms:Affidav