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0025 SHORT BEACH ROAD
XY l ' v IE �4T 1\ 4!� Y� Yl l _ Town of Barnstable . w Bui lding sA Post This=Card SoThat Otis Vis�ble'From'the Street' Approved Ptans Must beRetamed on Job and thisCard Must'be Kept his Untilrt'Final:Inspection Has Been Made - iWher�2 a Ceificate of Occu-pancy is Requred;4such Buildmgrshall Not be gccupied u;nt�l a Finallnspect�on has been raiade , Permitm _ ,a.w..u'—.a�.,,...,, .:....�: ,..... �. ,..,.�...... ..�,.�.,,,......,,�.�...,.,��.—......,.�..,,�..,,.a.�..may ..,`..... ,>...,, .,.�...... ......:a.�.......',......�.:..,,...-. ...�,..�,...._u...�..�,�..,,,,a. .,.,a.......,,.—,r u...•.F...�,�.,...,�� ,..�,,...e.. Permit NO. B-19-4052 Applicant Name: Dzmitry Labkovich Approvals Date Issued: 12/03/2019 Current Use: Structure Permit Type: Building-Siding/Windows/Roof/Doors Expiration Date: 06/03/2020 Foundation: Location: 25 SHORT BEACH ROAD,CENTERVILLE Map/Lot: 206-045 Zoning District: CBDLBSB Sheathing: 17 --. Owner on Record: GUILLET,EDWARD E TR Contractor Name' ROOFING AND SIDING OF CAPE framing: 1 COD LLC. Address: 650 CHARLES VAN DAMME WAY. 2 Contractor License: 170787 SONOMA,CA 95476 �_ "'; Chimney: y: Description: New Roof t Est Project Cost: `$ 10,920.00 Permit Fee: $55.69 Insulation:' Project ReviewReq: = Final: Fee Paid: $55.69 Dater' 12/3/2019 -- Plumbing/Gas } ough Plumbing: u R I m Final Plumbing: Building Official This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months'after issuance. Rough Gas: All work authorized by this permit shall conform to the approved application,and the approved construction documents for which1his permit has been granted: Final Gas: All construction,alterations and changes of use of any building and tu strucr' ss ehall be in compliance with the local zoning by-laws and codes. 'This permit shall be displayed in a location clearly visible from access street-orroad and shall be maintained open fcii public inspection for the entire duration of the work until the completion of the same. "" "" � Electrical . . _ Service: The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. Minimum of Five Call Inspections Required for All Construction Work:r Rough: 1.Foundation or Footing 2.Sheathing Inspection Final: 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Low Voltage Rough: 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Low Voltage Final: 7.Final Inspection before Occupancy Health Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Final: Work shall not proceed until the Inspector has approved the various stages of construction. "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site �,s,� Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT /� CENTER VILLE I CERTIFl" THAT THIS SURVEY AND PLAN WERE MADE C' IN ACCORDANCE WITH THE PROCEDURAL AND TECh"NICAL STANDARDS FOR THE PRACTCW OT LAND SURVEY/A'; IN S AVER T ML'NWEALTH 0,7 MASSACHC{SETTS. -- ¢azq PAUL A. MEWTHEW, P.LS IDAME 'VILL�Z E e� Pp cY ROAD AC ' CE RIVE BE'NCHAIARK. TOP OF CONCRETE BO UND c��Ac c�i�� LOCUS ELEV.=6.19(M.C. V.D.) 1pt� D b A � • R0 ppr� LOCUS MAP 1c) �546. A•1AC � ""�BE _ m \ _ PLAN REP L C. 9288 U R�' JJ pV ,5397 fnd) AO ZONING: RD-1" �O" �Q' W19 FROM WRAC RIIVE% p' CB( `r 49 OVERLAY DISTRICT. "9P" ( J00� NTERVIL� 98.0 w ASSESSORS MAP 206 �0F CE R,690.00 o \ o NT. 45 > _ 2 Q' LOOD ZONE ,B„. �, Lib �� y� .. 2 1\ O, 14 #11 C 250001 0008 D UPOLE DATED. 7102192 w ..... 5 .,. o �m \ 75 22,0 7.0 �`tx Et E ;�FpRc' �� i LOT \ ::...,2ND ....... �,� \ 10 2 PROPOSED N pR4p�S.. DITI�N 0 30 SI I F PLAN N\ PARKING � \42.3 \ AREA GAR OF LAND LOT 50 LOCATED IN: AREA=7,268tSQ.FT. �� C' \ O \ 0, FC �; . BARN..TABLE, MA.,S. D 2' (��Oo .- - PREPARED FOR \ 14. "'Y Ca T SAC DONALD R. &- JOAN W. RICHTE'R p\ cA p � iV SEPTIC C0`yy,NE _ +i. COVERS---- m CO VERS FLOWDlFFUSO � DEC�;MBER 1, 1998 Wo D-BOX �- / \ 15 26' REV.• MARCH 6, 1999 / 86�p0 jV85 33 55 E REV MARCH 10, 1999 y\ o E REV- APRIL 9, 1999 \ � N76`l9 30 \ _ LOT 14 \ \ / LOT 13 \ \ PLAN 9,?88 L \\ GRAPHIC SCALE YANKEE SURVEY CONSULTANTS \ HSE #127 20 0 10 20 40 80 UNIT 1, 40 INDUSTRY ROAD A P.O. BOX 265 MARSTONS MILLS, MASS. 02648 ( IN FEET ) TEL- . 428-0055 FAX 420-5553 1 inch = 20 ft. J# 51756B r f TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION C �. f "! , ap �Q l Parcel Permit# Tow, _ Health Division gAr''!a,Ag Date Issued L 3 Conservation Division ai Y3,3 7fZ7 ` ®fir Application Fee 0 Tax Collector O/�& 7�/�©� Permit Fee% ,A TreasurerSTEM MUS BE Planning Dept. /y SEPTIC SYI ® ITAN�E Date Definitive Plan Approved by Planning Board INSTALLEDM TITLE 5 E�VIRONMEMTAL CODE AND Historic-OKH Preservation/Hyannis �.�M , qp� .vcn�� C.R�sr�l Project Street Address Village C" t-1 A Owner �e. `;/� � ���� Address cr i �'( c�C P—A Telephone L���' 117 Y-- a g1 R' Permit Request cjyvJe A L_ �ft!'�c3 u9 auL C� CCmQ rz. � tom,(a 0m,o GYl .Qr-, Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total newil Zoning District 1--) Flood Plain f�> Groundwater Overlay Project Valuation s 1�o200, Construction Type VJ Lot Size Grandfathered: ❑Yes )&No If yes, attach supporting documentation. Dwelling Type: Single Family l Two Family ❑ Multi-Family(#units) Age of Existing Structure 4 d O / Historic House: ❑Yes )(No On Old King's Highway: ❑Yes >(No Basement Type: gk;Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) l0 Number of Baths: Full: existin g new Half: existing new Number of Bedrooms: existing new Total Room Count(not including baths):existing new s'' First Floor Room Count Heat Type and Fuel: YGas ❑Oil ❑ Electric ❑Other Central Air: P Yes ❑No Fireplaces: Existing I New 0 Existing wood/coal stove: ❑Yes CkNo 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 0 Appeal# ,-vlirl I q --6 �f� Recorded❑ Commercial ❑Yes Flo If yes, site plan review# Current Use i G�, ` �v►1.- Proposed Use 'S�'✓fY1l1✓ BUILDER INFORMATION �^ Name ��1 iir� W� Telephone Number Vh Q�'� 7b 6 y Address � -T _K Oa—Pv P-48 License# + 1�F A _a'► _S1_d c rn-� L(L �L L. f� o1 4 3J Home Improvement Contractor# � A Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE T*KEbL-TO 9fI2_Qy-1 SIGNATURE C' DATE FOR OFFICIAL USE ONLY PERMITUNO. - r DATE'ISSUED MAP/PARCEL NO. ADDRESS "' VILLAGE OWNER +F DATE OF INSPECTION: 3 FOUNDATION- FRAME _ INSULATION,! FIREPLACE ELECTRICAL: f ROUGH FINAL- • J PLUMBING: ROUGH - + ~ FINAL •� - ' GAS: ROUGH '" -� FINAL FINAL BUILDINGrl 4.1 DATE CLOSED OUTr ASSOCIATION PLAN NO. X. J � i ) d• - - i I The Commonwealth of Massachusetts Department of Industrial Accidents Office aflosesllgatfoos t 600 Washington Street r Boston,Mass. 02111 Workers' Com ensation Insurance Affidavit ffri Ma name location. 12 eoL, ci I am a homeowner performing all work myself. ❑ I am a sole rietor and have no one worldn in ca acitp I am a % %%%%% G/%%/��%///�%�///�%%%%%/%%%'%l/%%%/�%�/% orkers' co ensation for mY employees working.on•this job. `}.�,}�}}._}.•,w,w}.,.,;;.:.,.;;.;;.,. a ........f ............ .....n..... ........... ............... ............... ...:::.:::::::::•.:�.v........:::.:::.............. .:.i:i.::.,w:.v:.;::..v. ...v::::•:ti.:?;}'r+-tv�?•?,:n.v:: ............. .......:•• ..........{..............-.. .......,......... ....................................... .........--n..•:.v:.vn..v:•::::+v::::::.v.v:nvn•n:v::•}:"....:.. ..::::::vNn•:n• ..v.T.-n ... ... .. .... ............................................ rrX•}:•iY r':•:}::vw:{,:v...ry..::::::... ... .... .... ..... .......... ...............:v::.v.n............{:v::::•.}•.i'.;....x:x:::;::nv::::w;+.::::::w::.v+ :�:.:\,h•:..w... ...... ...-.. .... ....:. ...... ......... .....................n....w:::.:,.......•:::::.........•:;.•.w::::;:...:::.v\::{:{t•:t::v:rx.v::.vnv::MY}}:;....v:.{•::.:::..:•::.:{•:ti,{:n:v ..}.. ..........:::::.::.:. ... ..:v::?:•:}:?vv:••:.:}.}}::�}}}:ti•}}):?:+.::.. .......::::v::::::;:::::•:ti•}:?L}::•:?{:p;•}::::.v:nY.v:::.........-..,.... ..........v:....., .:::::.:::.•::{:•.v:•.........., .. ...:..:..::.. ...... .. ........... ...:.:.::::.....:...::::.:::::.;.:...;.:::.,vi}}i:•:�}:y{:}:•i':;i}}:;:•}ij{:riiY:}iiiv'4::.::::y:::.}v.::} �m ......... ........ ......................:...:nv::.v:::r:::.•:•v:•}:•}:t•}:^r:{ii i:f:...:.}vy n•.......... 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F,�e t o secure coverage a+required under Section ZSA of MGL 152 can lead to the i„npositioa of ctiminsl penalties of a tlne up to si*50 m and/or one year,,imprisonment as welt as civil penalties in the form of a STOP WOE ORDER and a fine of S10 0.00 s day against ma Iunderstand that it copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification I des hereby certify under the pains and penalties of perjury that the information provided above is trw.an correct CDate _ 4Pr , a SiEp --� " 'M A n Phone# - 1 Print name official use o,dy do not write in this area to be completed by city or town official perndt/license# C]Building Depatiment city or town: ❑Licensing Board ❑Selechnea's Office ❑check if immediate response is required ❑Health Department contact person: phone#; Q Other (fused 9195 PIA) Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,Partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or PP building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct.buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the ter into an contract for the performance of public work ions shall en commonwealth nor any of its political subdivisions ce requirements of this chapter have been presented to the contracting' !i evidence of compliance with the incnrar, d acceptab le evt P authority. Applicants Ii Please fill in the workers compensation affidavit completely, by checking the box that applies to your situationand address and phone numbers along with a certificate of insurance as all affidavits may be supplying company names, submitted to the Department of Industrial Accidents for confirmation of ftmuance 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. City or Towns 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. The affidavits may be retmmed'to the Department by mail or FAX unless other arrangements havd been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. The Department's address,telephone and fax number. The Commonwealth Of Massachusetts Department of Industrial Accidents Otftce of InYesugatlons 600 Washington Street Boston,Ma. 02111 fax#: (617) 727-7749 nhone#: (617) 727-4900 ext. 406, 409 or 375 I o�,ISE,of, Town of Barnstable Regulatory Services L Rkmmmz, Thomas F.Geller,Director 9�p i679• a Building Division •rFD pAAi Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 • Fax:. 508-790-6230 Permit no. Date ' AFFIDAVIT HOME IMYROVEYMNT 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. Estimated Cost�� Type-of Work:- Address of Work: Owner's Name: Date of Application:_&Jh e 23 I hereby certify that: Registration is not required for the following reason(s): []Work excluded by law ❑Job Under$1,000 []Building not owner-occupied ]Owner pulling own permit Notice is hereby given that.- OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME EYIPROVEMENT 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 RegistrationNo. g L o r, J Owner's Name y • r e, .. .. N SC Tr -�� Ir,",bs, oil cCto'�0s -� - I , _ _ CENTER VILLE I CERTIFY THAT THIS.SURVEY AND PLAN WERE MADE IN ACCORDAiJCE WITH THE PROCEDURAL AND TECHNICAL �+ STANDARDS IYJR THE PRACTICE OF .'.AND SURVEYING IN > THE fMON,YE'ALTH OF MASS;(_wuSETTS { < RfVER UL A. MERI:HEW, P.L S ATE OF RVILLE �°"oActi ROAD PAAtcIyG� ..BEN RIVER / BENCHMARK. .c� � '� aEACX s MERMHOW No. 32em Az TOP OF CONCRETE BOUND 9�CIMO sue+`' ° ELEV.=6.19"(M G. VD) LOCUS -o 0 RQ A �6.0�1 LOCUS MAP - A rj C PLAN REF. L C. 9286 U / 'p U B LI ) 9 7 — .) CTF,�I 152567 RT03 ' C8�{P LOT ZONING: "RD-1" wID'� OM WRAC Rv R� 0 4 OVERLAY DISTRICT. ,,AP.. (40 -oF`ERvrl 59g.0 0 ASSESSORS MAP 206 / R' ENr ; PARCEL 45 — \ FLOOD ZONE B" w I4S E #11 1 COMM hrl T Y P 0008 D UPOLE �6(��lb cD 4 \\\ O DATED: 7/02/92 � 0 1 T0.F. EL=11.4' y \ 4 EXISTING \ 6 \\\ NEW FOUNDATION g.l LOT \ 29.5 CARA y fr' (OLD FOOTPRINT), 30 r, FOUNDA 5 0 SITE PLAN IZD� w 30.o GAR OF LAND \\ — —� — LOT 50 AREA=7,268-tSQ.FT. LOCATED IN. SLAB o - B.�RNSTABLE MASS 0 E \\' 30.0 / 12 p' ��opOT Ac,Y� PREPARED FOR CO VERS—/ 0 1 SEPTIC co �'^'� _ SHORT BEACH ROAD TRUST FLOWDIFFUSORS 0 rn CO VERS D—BOX oo 1 1 S 26 — E OCTOBER 23, `2000 z o 86. N85 33 5 y\ N7619 \\ - LOT 14 - \ LOT 13 \ PLAN 9288 L NOTES. \\ GRAPHIC 'SCAT E YANKLE SURVEY CONSULTANTS 1) FORMER BUILDING AND LOT \ HSE #127 20 o io io ao eo UNIT)1, 40 INDUSTRY ROAD ARE PRE-EXISTING, NONCONFORMING P. 0. BOX ,265 MARST ONS MILLS; MASS. 02648 2) GARAGE FOUNDATION DOES NOT CONFORM TEL-t 428-0055 FAX 420-5553 TO BUILDING SETBACKS ( IN FEET ) I inch = 20 ft. 452519 F �FtHE Town of Barnstable Regulatory Services saRxsTnsLE, : Thomas F.Geiler,Director MAS& 9$A i639• .0� Building Division TES MAC s Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230' HOMEOWNER LICENSE EXEMPTION /_au Please Print DATE: . JOB LOCATION:. Z G_ � _�i nugmbbe(r street n1 �y village "HOMEOwNER": name home phone#� work phone# CURRENT MAILING ADDRESS: 1/L� 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 HNneowner Approval of Building Official Note: Three-family dwellings containing35,000 cubic feet or larger.will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION 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 person(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 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. hi 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 a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt ' I Doc:927, 869 07-01-2003 10:42 BARNSTABLE LAND COURT REGISTRY ELAIMSrARM ' Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2003-069 -Bateman Special Permit- Section 4.4-3(2) Nonconforming Building Construction of a 4-foot by 23-foot covered open-air entrance porch Summary: Granted with Conditions { Petitioner: Philip C.Bateman,Trustee Property Address: 25 Short Beach Road,Centerville,MA Assessor's M/Parcel: Map 206,Parcel 045 Zoning: Residential D-1 &Aquifer Protection Overlay Districts Relief Requested &Background: �r , According to the Assessor's records, the property at issue is a developed comer lot consisting of 0.19-acre and located on Short Beach Road in Centerville. The existing residence is a 2,993 sq.ft., two-story Colonial reconstructed in 2001 and consisting of three bedrooms, 3 lh baths and a finished attic. The applicant was granted a building permit on September 012000, prior to th`= Du as Case to "Raze existing g g structure, pour foundation, rebuild to existing footprint with 2nd story" Plans presented showed the new i structure to be 2 - 1/2 stories high with the half storybeing a small loft area. y Subsequently,the applicant filed for a building permit to add a 1 story, 540 sq# two-car attached garage to the dwelling. The Building Commissioner denied that building permit and on November 29, 2001 the applicant filed an appeal of that denial with the Zoning Board of Appeals. That appeal was ultimately denied and so the applicant appealed the Zoning Board of Appeals denial in Barnstable Superior' Court. The Zoning Board of Appeals denial was upheld by the Court on October 31,2002. 1 r i Correspondence was noted in the Building Division's file directing the applicant to remove the garage foundation. The applicant did not wish to do so and thus submitted a response claiming that the walls of the foundation virtually serve as a retaining wall. The current special permit application seeks to construct a 4-foot wide deck along the westerly wall of the dwelling for a length of 23 feet with a supported roof canopy. This deck will encroach into the front setback by 2.5 feet and 10.3 feet as the dwelling is situated on a corner lot. At present the side of the dwelling remains unfinished where the proposed deck will+be located. Procedural&Hearing Summary: This special permit application was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 1, 2003. A public hearing before the Zoning Board of Appealsi was duly advertised and notice sent to.all abutters in accordance with MGL Chapter 40A_ The hearing was opened May 21,2003,at which time the Board found to grant the special permit. Board Members deciding this special permit were;Ron S.Jansson, Gail Nightingale,Richard Boy,Ralph Copeland,and Cha;rman Daniel M. Creedon. 1 I r. a • Mr. Philip C. Bateman represented himself and reviewed the history of the property. He noted that he would like to finish this side of the dwelling with a small porch to act as an entrance to the home from the parking area. He noted that it is to be a small open-air porch,four-feet wide. He stated that he would be using part of the existing foundation for the porch and would request that he be able to keep other parts of the footing provided they be modified as he proposed in a drawing submitted. He reviewed the drawing, explaining that after building the porch he would steep the foundation down 10 inches and then again another 4 inches closer to the roadway. Mr.Bateman stated the foundation was needed to act as a retaining wall. He would then cap the foundation with a small"bluestone" cap for aesthetics. Public comment was requested. George Raymond of 90 Shore Road and Richard Blackwell of 1125 Craigville Beach Road both spoke in favor of granting the special permit. Findings of Fact: At the hearing of May 21,2003,the Board unanimously made the following findings of fact: 1. Appeal 2003-69 is that of Philip C. Bateman seeking a: Special Permit pursuant to Section 4-4.3(2) Nonconfornung Buildings or Structures Used as Single and Two Family Residences. The petitioner proposes to construct a 4 foot wide by 23 foot long deck with supported roof canopy to provide access to. residence that will encroach approximately2.5 feet and approximately 10.3 feet into front yard setback The subject property is located as shown on Assessor's Map 206, Parcel 45 and is addressed as 25 Short Beach Rd., Centerville,MA in a Residence D-1 Zoning District. 2. According to the Assessor's record,the property at issue is a developed corner lot consisting of 0.19-acre and located on Short Beach Road in Centerville. The existing residence is a 2,993 sq. ft.,two-story Colonial reconstructed in 2001 and consisting of three bedrooms,3 112 baths and a finished attic. 3. The applicant seeks to construct a 4-foot wide deck along the westerly wall of the dwelling for a length of 23 feet with a supported roof canopy. This will encroach into the front setback by 2.5 feet and 10.3 feet as the dwelling is situated on a comer lot. 4. At present this side of the dwelling remains unfinished and the applicant seeks this special permit to allow for an open-air porch of 4 feet wide to complete the dwelling. 5. Short Beach Road has a significant difference between the layout and the location of the pavement. Although the way is close to the dwelling,the pavement is significantly away from the dwelling.. 6. The proposed porch would not be in derogation of the spirit and intent of the Zoning Ordinance and would not add to congestion in the area. 7. There are other houses in the area,which have greater protrusions into the setback,and to permit this infringement would not be substantially more detrimental to the neighborhood than the other neighborhood dwellings. Decision - Based on the findings of fact, a motion was duly made and seconded to grant the special pemit with the following conditions: 2 I 1. Development of the porch shall be as proposed in a drawing on a survey plan drawn by Yankee Survey Consultants titled"Proposed Site Plan of Land located in Barnstable,Mass,prepared for Short Beach Road Trust," signed and sealed by Paul Merithew,certified on 10/24/00. 2. In regards to the existing foundation,it shall be modified as presented to the Board. The foundation can remain under the porch area but then shall be reduced by eliminating 10 inches from it. Another 4 inches shall be eliminated closer to the roadway as per elevation plan presented to the Board,a copy of which is in the file. The return areas of the foundation (garage opening) are to be completely removed. 3. The garage foundation and returns,as well as the step down in the walls,as shown on the aforementioned plan shall be completely removed prior to the issuance of a building permit for the porch. 4. The porch is limited to 4-feet wide by 23 feet long as shown on plans presented. It shall be allowed to be covered,and is limited to one-story,open-air structure only. It shall not be permanently enclosed for year round use. The vote was as follows: AYE: Ron S.Jansson, Gail Nightingale,Richard Boy,Ralph Copeland,rind Daniel M. Creedon NAY: None Ordered: Special Permit 2003-069 is granted with conditions. This decision must be recorded at the Registry of Deeds. for it to be in effect. The relief authorized by this decision must be exercised in one year. 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. A copy of which must be filed in the office of the Town Clerk aniel 1vt Creedon, Chairman Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County, Massachusetts, hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the o fice of Town Clerk 1 � Signed and sealed this" `7 —l�da of. g oil,3 under tkp ' and penalties of perjury. Linda Hutchenrider,Town Clerk 3 MAE ME y. Proposed Building Project Designs and Specifications Project: Raze and Remodel Existing One Story Dwelling, Add Second Story, First Floor Bedroom Addition and Upper Exterior Deck. Project Location: 25 Short Beach Road Centerville, MA 02632 Owner/Builder: Philip C. Bateman SMOKE DETECT 0�� O.K. (508)428-0200 Scale: F = 3/16" BARNSTABLE BUILDING DEPT. Date: October 1, 1999 Remodel Addition (s) �— Future constructions -- -- (Not_ part Hof bldg. permit Smoke Detectors CS14 0 Uj i I: I u i �I r. CIL I- Ji- I rill. La td Y 11 1171IEJE1LI I I - : i I !, - 21 1(c 7-3/- - -- --- --- _-- -- --- • (o'p'l i I i 'SMOKE DETECTORS O.K. n--i BAR 40IAISLF BUILDING DEPT. fId,I � Z4�; �,T _ ^�J �s 3 i I -ilk HAS ® - , , i cb ! I Qj co i may__- if , — lo 4111", -- -- - - - - - - - ��D�oa(Yl r 1 `Q i I (-a nqL ice! \\\I J s 1L a7 �- �r F71 IL Sl_olb Pc- 3" ic �'��a _; I - - - -� P-,T i �I><ro PT COY) _ — � I 's i I ? �0 j" G�IC I 1 � i { I• h � 3oL�S I iI �, ; ,i I� S S � � ' . i W I Ca� i; } S-1; m l �w ll i ax cp PT 865 I; I ' I. ., � i I ; '� •� it I: _; I I; ; 1"T I �LOaIZ ate" It;o\� io R/-T- G wr ze it C W&LL. 3f tl- G • II q / \ I i = '3/r 6 r fZam"C SkL7c.N .f Town of Barnstable Zoning Board of Appeals Decision and Notice t.ir�:; 1 2: 41 Appeal 2001-10 -Bateman Variance- Section 3-1.1(5) Bulk Regulations-Front 8t Side Yard Setbacks Summary: Denied Petitioner: Philip C.Bateman Property Address: 25 Short Beach Rd., Centerville,MA Assessor's Map/Parcel: Map 206,Parcel 045 Zoning: Residential F,RPOD-Resource Protection&AP-Aquifer Protection Overlay Districts Relief Requested&Background: The applicant has applied for a variance to Section 3-1.1(5) Bulk Regulations. The applicant is seeking to reduce the 30 foot required front yard setback to 8 feet at its closest point, a variance of 22 feet. The property at issue is a 0.19 acre lot that,was developed with a 2 bedroom, 1 story:single-family dwelling of 1,092 sq.ft. According to the Assessor's records it was built in 1960. It is a corner lot fronting on''both Short Beach Road and Sylvia Road. As a corner lot.it-has two front yards. On September 29, 1999 Building Permit.No..41430.was issued to the site to "Raze existing.structure;pour foundation, rebuild to existing footprint.with:2nd story." Plans presented show the new structuresto be 2& 1/2 stories high with the half story being a small loft area:The home is considerable complete. • Currently, the applicant is seeking to add a 1 story, 540 sq.ft.two car attached garage:to the dwelling. The garage structure will face onto Sylvia Road and will be located as close as 8 feet.from the right of way,29.5.feet from the paved roadway. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the.Zoning.Board of Appeals on November 29,2000. An extension of time for holding the hearing`and for filing of the decision was executed between the applicant and the Board. A public hearing before the Zoning Board.of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened January 24;2001,at which time the Board denied the variance requested. Board Members hearing this appeal were;Dan Creedon,Gail Nightingale,Ralph Copeland,Jeremy Gilmore and Chairman Ron S.Janson. Attorney Stanley Nowak represented the petitioner. He explained the request is to construct a one-level,two-car garage 23 x 23, (530 sq. ft.) with no living space above. The attached garage will be setback 8 feet at one corner and 12 feet at the other. The lot is approximately. 7000 sq. ft.He noted that the owner has commenced the remodeling work and the foundation for the garage addition is already poured. Mr. Nowak stated that the garage was needed because it was a hardship for the homeowner not to have one and that the location was reviewed by the Engineering Division and they saw no infringement into the required sight distances for the intersection with the structure being located 8 feet from the right-of-way. r • Public Comment No one spoke in favor of the application. Mary Canavan,of 56 Short Beach Rd. spoke in opposition to the petition Findings of Fact: At the hearing of January 24,2001,the Board unanimously found the following findings of fact as related to Appeal 2001-10: 1. The applicant is Philip C.Bateman. The property is addressed as 25 Short Beach Rd., Centerville,.MA, Assessor's Map 206,Parcel 045. It is in a Residential F Zoning District and a RPOD-Resource Protection Overlay District and AP-Aquifer Protection Overlay District. 2. The applicant has requested a Bulk Regulation variance to reduce the 30 foot required front yard setback to 8 feet at its closest point to construct a garage as an addition to a rebuilding of a 1960 dwelling. The home was rebuilt with the addition of a second story and additional 1/2 stories loft area above that. . 3. With reference to MGL Chapter 40A,Section 10 findings,no unique conditions exist that affect the locus but not the zoning district in which it is located 4. `A literal enforcement of the provisions of the.Zoning Ordinance.would not involve a substantial hardship. to the applicant: 5. If relief were granted it would be a substantial-detriment-to the.public good and would nullify and substantially derogate from the intent and purpose,of the:Zoning,Ordinance. Decision: Based on the findings offact, a motion was duly made and seconded to grant the applicants'request,.for.a - variance. The vote was as follows: AYE: None NAY: Dan Creedon,Gail Nightingale,Ralph Copeland,Jeremy Gilmore and.Chairman Ron S.Jansson Ordered: Appeal Variance 2001-10 is denied. 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. A copy of which must be filed in the office of the Town Clerk. 2 0'1 0 Ron S.Jansso airman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this I. y day of,1 ,20 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk • 2 i TOWN OF BARNSTABLE � � BUTLD,:�IdG �u�Rt�IT PARCEL ID ,206 042 GEOBASE ID 1.2383 ADDRESS 26 SHORT BEACH ROAD PHONE CENTERVILLE ZIP — .LOT 20 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CO PERMIT 42874 DESCRIPTION RAZE/REBUILD FIRE DAMAGED STRUCTURE PERMIT TYPE BUILD TITLE NEW RESIDENTIAL BLDG PMT CONTRACTORS: SULLIVAN, MI CHAEL S. Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $395.65 A ,� ` DIME BOND $_00 CONSTRUCTION COSTS $127,630.00 `-. 101 SINGLErKQOE DETACHED 1 PRIVATE P.—MIME, •' ~~ 1639. ...,.,, 1 BUILDIN . . V PSIS '0 ° BY J .DATE ISSUED 12/8,IE� 999 EXPIRATION DATE THE FOLLOWING IS/ARE THE REST . IMAGES. FROM POOR QUALITY- ORIGINAL (S) I M AxC DATA I r 1 � T t, ( 77 ea(403r10 / P 1too, #; u X j p �4U J/ 62519 rq 11AANgr"M � 039. prFD hW'�A Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2003-069- Bateman Special Permit- Section 4.4-3(2) Nonconforming Building Construction of a 4-foot by 23-foot covered open-air entrance porch Summary: Granted with Conditions i Petitioner: Philip C.Bateman,Trustee Property Address: 25 Short Beach Road,Centerville,MA Assessor's M/Parcel: Map 206,Parcel 045 Zoning: Residential D-1 &Aquifer Protection Overlay Districts ,Relief Requested&Background According to the Assessor's Record, the property at issue is a developed corner lot consisting of 0.19-acre and located on Short Beach Road in Centerville. The existing residence is a 2,993 sq.ft.,two-story Colonial reconstructed in 2001 and consisting of three bedrooms,31h baths and a finished attic. The applicant was granted a building permit on September 01 2002, prior to the Dugas Case, to "Raze existing structure, pour foundation, rebuild to existing footprint with 2nd story." Plans presented showed the new structure to be 2 &1/2 stories high with the half story being a small loft area. Subsequently,the applicant filed for a building perniit to add a 1 story, 540 sq.ft.two-car attached garage to the dwelling. The Building Commissioner denied that permit and on November 29,2001 the applicant filed an appeal with the Zoning Board of Appeals that was ultimately denied and appealed in Barnstable Superior Court. The special permit denial was upheld bythe Court on October 31,2002. Correspondence was noted in the Building Division's file directing the applicant to remove the garage foundation. The applicant submitted a response claiming that the front and rear walls of the foundation virtually serve as a retaining wall. The current application seeks to construct a 4-foot wide deck along the westerly wall of the dwelling for a length of 23'feet with a supported roof canopy. This will encroach into the front setbacks by 2.5' and 10.3' respectively as the dwelling is situated on a corner lot. At present this side of the dwelling remains unfinished. Procedural&Hearing Summary. This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 1, 2003. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened May 21, 2003, at which time the Board found to grant the appeal. Board Members deciding this appeal were, Ron S. Janson, Gail Nightingale,Richard Boy,Ralph Copeland,and Chairman Daniel M. Creedon. t Mr. Philip C. Bateman represented himself and reviewed the history of the property. He noted that he would like to finish this side of the dwelling with a small porch to act as an entrance to the home from the parking area. He noted that it is to be a small open-air porch,four-feet wide. He stated that he would be using part of the existing foundation for the porch and would,request that he be able to keep other parts of the footing provided they be modified as he proposed in a drawing submitted. He reviewed the drawing, explaining that after the porch, he would steep the foundation down 10 inches and then again another 4 inches, closer to the roadway. Mr. Bateman stated the foundation was needed to act as a retaining wall. He would then cap the foundation with a small"bluestone" cap for esthetics. Public comment was requested. George Raymond of 90 Shore Road and Richard Blackwell of 1125 Craigville Beach Road both spoke in favor of granting the appeal. Findings of Fact At the hearing of May 21;2003,the Board unanimously made the following findings of fact: 1. Appeal 2003-69 is that of Philip C. Bateman seeking a Special Permit pursuant to Section 4.4-3(2) Nonconforming Building or Structures Used as a Single-Family Dwelling. The petitioner proposes to construct a 4'wide by 23'long deck with supported roof canopy to provide access to residence that will encroach approximately 2.5 feet into side setback and approximately 10.3 feet into front yard setback. The subject property is located as shown on Assessor's Map 206,Parcel 45 and is addressed as 25 Short Beach Rd.,Centerville,MA in a Residential D-1 Zoning District. 2. According to the Assessor's Record,the property at issue is a developed corner lot consisting of 0.19- acre and located on Short Beach Road in Centerville. The existing residence is a 2,993 sq.ft.,two-story Colonial reconstructed in 2001 and consisting of three bedrooms,3 lh baths and a finished attic. 3. The current application seeks to construct a 4-foot wide deck along the westerly wall of the dwelling for a length of 23'feet with a supported roof canopy. This will encroach into the front setbacks by2.5'and. 10.3'respectively as the dwelling is situated on a corner lot. 4. At present this side of the dwelling remains unfinished and the applicant seeks this special permit to allow for an open-air porch of 4 feet wide to.complete the dwelling. 5. Short Beach Road has a signification difference between the layout and the location of the pavement. Although the way is close to the dwelling,the pavement is significantly away from the dwelling. 6. The proposed porch would not be in derogation of the spirit and intent of the Zoning Ordinance and would not add to congestion in the area. i 7. There are other houses in the area,which have greater protrusions into the setback,and to permit this infringement would not be substantially more detrimental to the neighborhood than the other neighborhood dwelling. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the appeal with the following conditions: 2 1. Development of the porch shall be as proposed in a drawing on a survey plan drawn by Yankee Survey Consultants,titled" Proposed Site Plan of Land located in Barnstable,Mass,prepared for Short Beach Road Trust",signed and sealed by Paul Merithew,certified on 10/24/00. 2. In regards to the existing foundation,it shall be modified as presented to the Board. It can remain under the porch area but then shall be reduced byeliminating 10 inches from it. Another 4 inches shall be eliminated closer to the roadway as per elevation plan presented to the Board. A copy of which is in the file. The return areas of the foundation(garage opening) are to be completely removed. 3. The garage foundation and returns,as well as the step down in the walls,as shown on that plan shall be completely removed prior to the issuance of a building permit for the porch. 4. The porch is limited to 4-feet wide by23 feet long as shown on plans presented. It shall be allowed to be covered,and is limited to one-story,open-air structure only. It shall not be permanently enclosed as for year round use. � The vote was as follows: AYE: Ron S.Jansson,Gail Nightingale,Richard Boy,Ralph Copeland,and Daniel M. Creedon NAY: None Ordered: Special Permit 2003-069 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. 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. A copy of which must be filed in the office of the Town Clerk Daniel M. Creedon, Chairman Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal ' of the decision has been filed in the office of the Town Clerk Signed and sealed this day of under the pains and penalties of per)ury. Linda Hutchenrider,Town Clerk 3 Commonwealth of Massachusetts_ County of Barnstable The Superior Court CIVIL DOCKET# BACV2001-00148. Philip C. Bateman Trustee of Shoes Beach Estate Trust vs. Barnstable Zoning Board of Appeals 2� 0� JUDGMENT ON FINDING OF THE COURT This action came on for trial before the Court, Robert J. Kane, Justice, presiding, and the issues having been duly tried, and finding having been rendered, It is ORDERED and ADJUDGED: . 1) that the decision of the defendant, Town of Barnstable Zoning Board of Appeals, dated February 20, 2001, denying a special permit did not exceed its. authority, that no modification of it is required; and i 2) that the Clerk of Courts shall, within thirty days after entry of judgment, send attested copies thereof to the Zoning Board of Appeals of the Town'of Barnstable, the Building Inspector, and the Clerk of the Town of Barnstable. Dated at Barnstable, Massachusetts this nineteenth day of December, 2002.' Scott W. Nickerson, Clerk of the Courts (J. BY: ............................... ...................... Assistant Clerk A true co Tt: 1 le . cvdjudtrid.wpd 217248 inidocil higginbc T '1.1N CLERK Town of Barnstable Bar�STA,BI_"- -IMASS. . Zoning Board of Appeals Decision and Notice 1101 FED —7 Fib 2-. 41 Appeal 2001-10 -Bateman Variance-Section 3-1.1(5)Bulk Regulations-Front& Side Yard Setbacks Summary: Denied Petitioner: Philip C.-Bateman Property Address: �25 Short Beach Rd., Centerville,MA Assessor's Map/Parcel: M p 206,Parcel-045 Zoning: Residential F,RPOD-Resource,Protection&AP-Aquifer Protection Overlay Districts Relief Requested&Background: The applicant has applied for a variance to Section 3-1.1(5)Bulk Regulations. The applicant is seeking to reduce the 30.foot required front yard setback to 8 feet at its closest point,a variance of 22 feet. The property at issue is a 0.19 acre lot that.was developed with a 2 bedroom, 1 story single-family dwelling of 1,092 sq.ft. According to the Assessor's records it was built in 1960. It is a comerlot fronting on both Short Beach Road and Sylvia Road. Asa corner lot it has two front yards. On September 29, 1999 Building Permit No.41430.was issued to the site to "Raze existing structure,pour foundation,rebuild to existing footprint.with 2nd.story." Plans presented show the new structureto be 2& 1/2 stories high with the half story,being a small loft-area.The home is considerable complete. Currently, the applicant is seeking to.-add a 1 story,540 sq.ft.two car attached garage to the dwelling. The garage structure will face onto Sylvia Road and will be located as close as 8 feet.from the right of way,29.5 feet from the paved roadway. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning.Board of Appeals on November 29,2000. An extension of time for holding the hearing and for filing of the decision was executed . between the applicant and the Board. A public hearing before the Zoning Board.of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened January 24,2001,at which time the Board denied the variance requested Board Members hearing this appeal were;Dan Creedon,Gail Nightingale,Ralph Copeland,Jeremy Gilmore and Chairman Ron S.Janson. Attorney Stanley Nowak represented the petitioner. He explained the request is to construct a one-level,two-car garage 23 x 23, (530 sq.ft.) with no living space above. The attached garage will be setback 8 feet at one comer and 12 feet at the other. The lot is approximately. 7000 sq.ft. He noted that the owner has commenced the remodeling work and the foundation for the garage addition is already poured. Mr. Nowak stated that the garage was needed because it was a hardship for the homeowner not to have one and that the location was reviewed by the Engineering Division and they saw no infringement into the required sight distances for the intersection with the structure being located 8 feet from the right-of-way. I LEGAL DEPARTMENT, TOWN OF BARNSTABLE ROUTING SLIP DATE: /VOY 2002. TO: FROM: ROBERT D. SMITH, Town Attorney RUTH J. WEIL, 1 Sc Assistant Town Attorney ILI T. DAVID HOUGHTON, Assistant Town Attorney CLAIRE GRIFFEN, Legal Assistant l CLAUDETTE BOOKBINDER, Legal Clerk OUR FILE REF NO.: 00/--004Z ----------------------------=--------------------------------------------------------------------------------------- [routing] f COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT C.A. No. 01-148 PHILIP C. BATEMAN, Trustee of Short Beach Estate Trust, Plaintiff VS. ZONING BOARD OF APPEALS OF THE TOWN OF BARNSTABLE et all ME,"JORANDUM OF DECISION AFFIRMING DECISION BY ZONING BOARD OF APPEALS This matter involves an appeal by Philip C. Bateman, Trustee of Short Beach Estate Trust (Bateman) of a denial by the Zoning Board of Appeals (Board) of a Special Permit to allow construction of a five hundred and thirty square foot (twenty-three foot by twenty-three foot) two-car garage,which would encroach twenty-two feet into the thirty-foot front yard setback.of a recently constructed home located at 25 Short Beach Road in Centerville, Massachusetts. On October 25, 2002, the Court conducted a de novo review on the denial of the Special Permit. After the taking of testimony, the Court took a view of the neighborhood. For reasons stated in this Memorandum, I affirm the denial by the Board. , BACKGROUND Findings This case concerns a lot of land located at 25 Short Beach Road in Centerville. That lot marked as no. 45 on the Assessor's Map is located within the RD-1 District. At the time of the decision on the Special Permit, a lot within an RD-1 District required a minimum of forty-three thousand five hundred and sixty square feet, a minimum width of one hundred twenty-five feet, and a minimum frontage of twenty feet. The instant lot containing seven thousand one hundred eighty square feet fails to meet the area requirements of property within an RD-1 District. 'Ronald S. Jansson, Gail Nightingale, Ralph C. Copeland, Daniel M. Creedon and Thomas Dereimer, Individually. Short Beach Road occupies a peninsula. Three sides of Short Beach Road are enveloped by Craigville Beach. At its merger with Craigville Beach Road, Short Beach Road begins with a series of six lots with three to the north and three to the south. Amongst those to the south is Lot #45 which occupies the furthest point to the west. Short Beach Road goes past Lot#45 and then goes south and at Lot#46 goes easterly eventually joining up again with Craigville Beach Road. The six initial lots comprise a neighborhood. Except'for the subject lot, the other lots consist of one to one and a half story residences some of which have garages. Distinctly apart from the other residences within this neighborhood is the subject lot which consists of two stories. The origin of the subject lot was not disclosed by the evidence. Nor did the evidence disclose the original owner of the lot. The evidence, however, did disclose that in 1960 the owner of that lot constructed upon the lot a one story ranch structure measuring forty-two feet by twenty-eight feet. The residence was an unheated, summer residence. At the time of its construction, the lot satisfied zoning requirements. In 1990, Donald and Joan Richter owned the subject lot and owned the adjacent lot to the east marked as Lot #97 on the Assessor's Map. Lot#97 then measured ten thousand two hundred ninety square feet and contained a single story residence comprising fourteen hundred square feet. The subject lot then measured seven thousand one hundred eight square feet and contained the cottage comprising eleven hundred square feet. The lot line for Lot#97 bisected the wood frame garage which was part of the lot. In order to elimi Hate.this lot line problem, the Richters applied for a change of the lot lines to eliminate the bisection of the garage. The Board's staff reviewed this proposed lot line change. A staff member made the following observation: "If the Planning Board endorses the plan (probably as an ANR because the lots have the required frontage), the petitioner can file the plan. They do not need a -2- variance". According to staff analysis a variance provided the Richters with"the ZBA's blessing". After conducting a hearing, the Board approved a change in the lot lines. In 1999, the Richters then negotiating for the sale of the subject lot with plaintiff filed with the Board an application for a special permit to construct a two car garage on the westerly side of the lot. According to the application, the proposed construction would encroach upon the required setback of thirty feet. In its application, the Richters informed the Board that besides the construction of the garage on the westerly side of the existing structure, there would be construction on the easterly side of a single story twelve by nineteen foot addition which would i comply with zoning requirements. The Richters made the following points in support of their application for issuance of a Special Permit: 1. The garage would provide space for storage and placement of utilities enhancing petitioner's comfort and use. 2. The garage would enhance not only the subject lot but the other lots in the neighborhood. 3. The garage would be consistent with the other structures in the neighborhood. On February 17, 1999, March 24, 1999 and April 21, 1999, the Board conducted a hearing on the application for issuance of a Special Permit. At the hearing, the Richters outlined their plans for the lot. According to the Richters they intended to construct a twelve foot by nineteen foot livingroom on the easterly side and on the westerly side a twenty-two by twenty-two foot two story garage with the second floor containing a bedroom. Board member Ron Jansson voiced concern that the structure would cover seventy percent of the.lot "not courting the garage". Furthermore, Board member Gail Nightingale noted that in 1990 when the Board granted the variance for the lot line change, the Board in its decision noted"no expansion or change in the size or location of the existing structure is proposed". j On April 21st, the Richters through counsel requested that the Board permit them to withdraw their application. In requesting that relief, counsel stated: -3- "My clients have decided to reassess their approach in connection with potential changes or modifications to their property and as such have requested that I, in turn, request that the Board permit us to withdraw our application for Special Permit . . . without prejudice". The Board allowed the Richters to withdraw the application "without prejudice". In April of 1999,plaintiff purchased the lot and premises for$150,000. In September of 1999, plaintiff requested issuance of a building permit allowing him to renovate the existing structure on the premises. On September 1, 2000, a building permit issued authorizing plaintiff to "raise existing structure, pour foundation, rebuild to existing footprint with second story". Plans presented showed that the new structure would be two and a half stories high with a half story being a small loft area. On the survey plan dated April 9, 1999, the garage area is identified as a proposed parking area. Eventually,plaintiff submitted to the building department a proposed garage with a half story above and on the other half a deck. The building commissioner denied permission to build the proposed garage. Subsequently, plaintiff requested from the Board a Special Permit to construct the proposed garage. Under the Special Permit application the garage would be twenty-three by twenty-three feet revised to one story. The floor area to be added would amount to five hundred twenty-nine square feet. According to the submission, the garage would intrude upon the thirty- foot setback in two places. At one corner, the separation from the road would amount to twelve feet while at a second corner the separation would amount to eight feet. This Special Permit application was governed by 4-4.3 of the Barnstable Zoning Ordinance. That Zoning Ordinance covers a"pre-existing, nonconforming building or structure . used as a single or two family residence . . . ". According to the ordinance, a variance does not constitute a nonconformity for purposes of the zoning ordinance. See 4-4.7 Barnstable Zoning Ordinance. In the case of a pre-existing use applicable to the subject lot, if the proposed construction violates a setback requirement, the Board may allow the proposed construction if -4- The proposed alteration or expansion will not be substantially more detrimental to the neighborhood than the existing building or structure. In its application, plaintiff provided the following justifications for the proposed garage in terms of whether it constituted a substantial detriment to the neighborhood: 1. The structure would add value to neighboring real property values as the garage "would clearly enhance neighborhood values and aesthetics". 2. The addition of a one level, two car garage would be consistent with the changing character of the neighborhood as reflected in the addition of second floor living space or complete rebuilding of dwellings. . The staff inspected the subject lot and considered the proposed construction of a garage on the lot. In observing the main structure, the staff noted that the elevation of the new structure was partially caused by its location within an identified flood zone. That location within the flood zone required that the building's first floor have an elevation of 11.4 feet. The staff also noted that the town engineer had examined this proposed garage and determined that it would 1-1 present"no adverse affects on site distance at this intersection". The staff recommended that the Board approve the Special Permit application with the following conditions: "1. Development of the garage would be in accordance with the limitation of one story"with the plate to be no higher than 1.6 feet and the ridge line of the roof no higher than 30 feet . . . ... Also the construction hi accordance with a"site plan of land located in Barnstable, Massachusetts, prepared for Short Beach Road Trust" dated October 23, 2000. The Board denied the Special Permit application. -5- DISCUSSION De Novo Review Judicial Review "proceeds in accordance with . . . well established principles governing judicial review under G.L. c. 40A, § 17". Prudential Ins. Co. of America v. Board of Appeals of Westwood, 23 Mass. App. Ct. 278, 282 (1986). "'In a word, the matter is heard de novo and the judge makes his own findings of fact, independent of any findings of the board . . . "'. Bicknell Realty Co. v. Board of Appeals of Boston, 330 Mass. 676; 679 (1953). "The judge is not confined to hearing only the evidence before the board". Prudential Ins. Co. ofAmerica, 23 Mass. App. Ct. at 282. In so reviewing the matter, the Court considers "the decision of the board [as] no more than the report.of an administrative body [which] on appeal has no evidentiary weight". Devine v. Zoning Board of Appeals of Lynn, 332 Mass. 319, 321 (1955). Burden of Proof It is acknowledged by plaintiff that it bears a weighty burden to overturn the denial by the Board. As stated by plaintiff: "Even when a zoning board cites no particular reasons or any specific evidence for its denial decision, its actions will be upheld as will that of a judge affirming the action under c. 40A, § 17, if a rational basis for the denial exists which is supported by the record . . . so long as 'any reason on which the board can fairly be said to have relied has a basis in the trial judge's findings and is within the standards of the zoning by-law and the zoning enabling act, the board's action must be sustained regardless of other reasons which the board may have advanced . . ."'. Davis v. Zoning Board of Chatham, 52 Mass. App. Ct. 349, 355-56 (2001) (citations omitted, emphasis supplied). According to G.L. c. 40A, § 6, plaintiff must first prove that any reconstruction, alteration or extension of a single family residential structure did not increase the nonconforming nature of the structure.2 In this case, extension of the residential structure to provide a garage violates setback requirements of the Barnstable Zoning Ordinance. That zoning violation precludes a 2General Laws, c. 40, § 6 demands that a by-law conform with enumerated requirements. -6- Special Permit and requires a variance. Rockwood v. Snow Inn Corp., 409, Mass. 361, 364 (1991). Even if the zoning violation was without preclusive effect, plaintiff must demonstrate . that the structural changes will not be "substantially more detrimental than the existing structure . to the neighborhood". Under this analysis the Court must determine whether the renovation and expansion of the main structure including the addition on the easterly side and the,garage on the westerly side would be substantially more detrimental to the neighborhood than the pre-existing, nonconforming structure or structures". Rockwood v. Snow Inn Corp., 409 Mass. at 364 (1991). In determining this question the Court must precisely identify the neighborhood in question. i Based on the evidence, the Court identifies the neighborhood as the initial six lots adjacent to Craigville Beach Road. With regard to that neighborhood the Court must, amongst other, inquiries, ask whether the renovation of the existing structure and the addition of structures on the easterly and westerly side "would intensify existing nonconformities or result in additional ones". Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. at 22 cited in Rockwood, 409 Mass. at 364. The only explicit violation of zoning by-laws caused by the renovation and expansion of the original stricture relates to setback requirements. Nonetheless, this stricture and lot are nonconforming. Specifically, the structure occupies 7,180 square feet of land in an RD-1 Zoning District which in 2000 required 43,560 square feet. By increasing the vertical and horizontal structural space of this residence, the proportion of structural mass to land mass increases. I find and rule that this intensification of structural space in an undersized lot aggravates the nonconformity. Furthermore, the addition of vertical space conflicts with the character of the structures occupying the rest of the defined neighborhood. Considered in its entirety, these structural changes would result and did result in a structure "substantially more detrimental to the neighborhood than the former one story stricture". Willard, 25 Mass. App. Ct. at 24. -7- In making this judgment this Court is aware that the evidence would not support a finding that the renovation and expansion of the former structure would present a safety problem to the neighborhood. Having viewed the proposed area for the construction of the garage this Court determines that a garage encroaching upon the setback would not present a problem for either a pedestrian or vehicular traffic. Finally, the Court finds that,no other interest would be affected by, the renovation and expansion of the structure other than the intensification of the nonconforming nature of the residential lot as previously discussed. Bearing in mind that this constitutes a de novo review and mindful of the deferential nature of the review of a Board's determination, this Court finds and rules that petitioner has not satisfied its burden. ORDER Based on the foregoing this Court AFFIRMS the Board's denial of the Special Permit. Robert J. Kane ' Justice of the Superior Court DATED: Oc ecarl-�, 2002 1 A true copy, Attest: ` Jerk F -8- Bateman Law Offices Counselor at Law 25 Short Beach Road , Centerville,MA 02632 Philip C.Bateman,Esquire Telephone: (508)775-5646 Facsimile:(508)775-7558 February 4,2003 Mr. Jack Fitzgerald Town of Barnstable Building Department 200 Main Street Hyannis,MA 02601 Re: 25 Short Beach Road-Garage Foundation Status Dear Mr. Fitzgerald: I am in receipt of your January 29,2003 letter, requesting the removal of the existing garage foundation. I rather expected this request in view of the recent Superior Court decision. It was my intent to address the garage foundation as soon as I return to Massachusetts in early May. I will be in Florida until then and in fact will be out of the country until March 1, 2003. I realize these dates are beyond the 14 day deadline stated in your letter,but I am unable to discuss this matter with the building department any sooner. It also doesn't help that we are in the middle of a very cold Cape Cod winter. Hopefully,this wait will not create any undue harm or damage. In the interim,I would appreciate the building departments posture on leaving a portion of the front and rear walls as they primarily-act as a retaining wall to hold back earthen materials from entering the approved automobile parking area. If this is not acceptable,then I would have to re- install landscape walls to act as these retaining walls. I would feel that somewhere in between a reasonable resolution could be worked out. In any event, it is my sincere intent to fully cooperate with the directions from your department. Thank you for your considerations in this regard. Please feel free to advise me by mail or phone 4 accordingly. Very truly yours, C � - Philip C. Bateman r _ oFt►+Er�,,, Town of Barnstable BARNSPABLE, : Regulatory Services 9 MASS. g 'OIFn 39. Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Re: Removal of Garage Foundation @ 25 sort Beach Rd. Centerville Dear Mr. Bateman: On Dec. 14, 2000 an application for a garage @ 23 Short Beach Rd. Centerville was denied by the bldg. dept due to setback encroachment. On Nov. 29, 2001 an appeal was filed with the Office of the Zoning Board of Appeals Which was subsequently denied on Jan. 24, 2001. On Oct. 25, 2002 Barnstable Superior Court conducted a de novo review of the denial of the special permit. On Oct.31, 2002 the court affirmed the Zonings Boards Denial of the special permit. Since all appeals have denied you are hereby directed to remove said garage foundation within fourteen(14) days of the receipt of this letter. S' ere cal Inspector SENDER:' COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVEPY ■ Complete items 1,2,and 3.Also complete A. Si ature mri item 4 if Restricted Delivery is desired. ' ❑Agent ■ Print your name and address on the reverse + Addressee so that we can return the card to you. eceived by(Printed Name) C.))ate of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. "n D. Is deli ery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No �IQ. �HiuP /+TcMA `' �25 30O, Br-,Acq � Caf -76v '_tF r t LL 3. Service Type / l Q�1 Certified Mail ❑ Express Mail gistered SB1- urn Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 17 0 0 2; (fransfer,from service label) F =• ! l �, PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED'STATES POSTAL SERA sW S � v4 9 AIR • Sender: Please prin oL�,I'�m , address, rsd Z �fo TOWN OF BARNSTABLE ]BUILDING DIVISION 200 MAIN ST. HYANNIS,MA 02601 .s�'`3'3��.,4'1� '�;i1Psia`�a����$s-s� e ~ t ii •� Bateman Law Offices Counselor at Law 25 Short Beach Road Centerville,MA 02632 { Philip C.Bateman Esgaire Telephone:(508)775-5646 Facsimile:(508)775-7558 April 16, 2003 Mr. Fitzgerald Town of Barnstable , Building Department 200 Main Street Hyannis, MA 02632 Re: 25 Short Beach Road-Foundation Dear Mr. Fitzgerald: I am in receipt of your warning notice regarding the removal of a garage foundation. You may not be aware that on March 28, 20031 filed an appeal with the Zoning Board addressing the westerly side of the dwelling structure including the garage.The hearing date is scheduled for May 21,2003. Therefore,such action suspends any enforcement action by any town body until the appeal is heard , and a decision is rendered.- On another point in your warning notice,it is my understanding the Superior Court written decision does not request that the foundation be removed,only that a garage structure cannot be built on the site. A question arises,at what point do the two garage walls become retaining walls; by name or ' by purpose? With my purposed modifications to the two walls and my intent to use these walls to hold back earthen materials they then become retaining walls and fall outside of the purview of the definition of garage foundation walls.This is a valid point on the basis that you would have to issue violation notices to every property owner in the Town of Barnstable to remove landscape structures, stone walls, fences and the like. I will be arriving on the Cape during the week of May 5,2003 and look forward to addressing s these issues with you in person. Very truly yours, Philip C. Bateman r e k#, i r °F1ME ray, Town of Barnstable Regulatory Services an MASS. Thomas F.Geiler,Director y MASS. g, � 4'AIEo 39. Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 January 6,2003 Mr.Philip C.Bateman 38 Parker Rd. Osterville,MA 02635 Re:Removal of garage foundation at 25 Short Beach Rd.,Centerville Dear Mr.Bateman: On December 14,2000 an application for a garage at 23 Short Beach Rd.,Centerville was denied by the building department due to setback encroachment. On November 29,2001 an appeal was filed with the Office of the Zoning Board of Appeals which was subsequently denied on January 24,2001. On October 25,2002 Barnstable Superior Court conducted a de novo review of the denial of the special permit. On October 31,2002 the court affirmed the Zoning Board denial of the special permit. Since all appeals have been denied you are hereby directed to remove said garage foundation within fourteen(14)days of the receipt of this letter. Sincerely' itzgerald 7. Local Inspector CERTIFIED MAIL 7001 1940 0003 9647 3345 if :> v�,« ;rf# S`r-r.;; ,-. ,�.. .,... `k,.....- n-;:,+•;.mE'�r'r -.n g5, x.-n;qx"'�.1 �s'"' 'n 2" , s :E r"r- r;, m'�+ ,"„x•c,' 'g c'[-Aw -r r^7 .�z gf:. Y}y TOWN OF BARNSTABLE " t "BAR-W RIM3648 Ordinance or Regulation WARNING NOTICE Name of Offender/Manager + , (' � 1r' Q_Yyl rt ir1 Address of Offender ar MV/MB Reg.# ,a _ Village/State/Zip 0.0Yl �y^V t o. . '����. tl7 ?___ . Business Name am/pm; on 20_ Business Address !( Si.gna u�re,,44YEnforcing Officer Village/State/Zip `` Location of. Offense �� C,�,,v�``� o.e c i(� testa i 1c 1 Y)a1-)0134 Enforcing Dept/Division- Offense ki 1 ntaa_� u'Y\ A/ VTVY\ A Facts__RF !n 0 ni- nr. V-A Alo —R0m0 U e% a i",� rVA 9 to This will serve only as a warning. At this timekno legal action has be"en taken. . It is the goal of Town agencies, to achieve voluntary compliance) of . Town Ordinances, Rules and . Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action .by the Town. ' WHITE OFFENDER CANARY ORD/REG PROG PINK-ENFORCING OFFICER GOLD ENFORCING DEPT. ,.n-.r 7 Y"'�',""-u .,,w;!n.rei-"'+-��� 1,:.C" ...,. ,. , TOWN f.OF BARNSTABLE ' BAR-W ` � 3648 Ordinance or Regulation WARNING NOTICE Name of Offender/Manager 1" \-1 ; .: '_5 . '''�t, e>>; ;, f� Address of Offender a ',. ,.r ` ~� ` CWt ; MV/MB Reg.# Village/State/Zip i r KKK 1)2 1m_1 �_. Business Name am/pm; on Business Address Si.gnature ($f-`Enfo=c` ng Officer. Village/State/Zip Location of Offense / Enforcing Dept/Division Offense ` yj :,v, +' �- . 1 1�i:� � 'S�d:.. 4 A J Y"+ �wR §3'1 n .1 u"� 1 r'ti ^"1��'!a•.• 1 Facts 13n , C-�t��`7�' ✓ d.i �.. t 4 !f1 a�'*� L .. 4\#€a k f " ► .S T r at'i �U• ":, In t lvA I M.'r1r, + la1 This will serve only as a warning. At this time-`;no legal action has been taken. It is the goal of Town agencies to achieve voluntary compliances of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action, by the Town. WHITE-OFFENDER CANARY-.ORD/REG.-PROG 'PINK ENFORCING OFFICER ;GOLD-ENFORCING DEPT.. r a• sr•iti^'r '-+S"M ti.x.,�^+- ., r .,F.-.*-...a ,»rt ^r+w+ve"�,�c"ty �5� rq :'-w 'k3 � 7`tr 13640 TOWN .OFt.BARNSTABLE BAR-W Ordinance or Regulation WARNING NOTICE Name of Of fender/Manager `'c }, f , , Address of Offender ;* W 4 t MV/MB Reg.# Village/State/Zip U ; { 6 hm P 3 y _ Business Name am/pm; on `1 20_ Business Address [ , Si,g'nature 6f/Enforc ng Officer Village/State/Zip Location of Offense �At Enforcing Dept/Division Offense k s .tit , ti :x -�. ,n., � ,�� _ —4 ( 0 A Facts + �!; ��.. l.1 'n � ""�" C+�F -d `. r"t`1.,s.a►r, � d �•`1 L?i^a a ie i��•'�.E`�'1 �,�.� �, "4F .! .r�! This will serve only as a warning. At this times-'no legal action has be"en taken. It is the goal of Town agencies to achieve voluntary compliances of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. WHITE-OFFENDER ,.CANARY-ORD/REG.-PROG. PINK ENFORCING OFFICER GOLD-ENFORCING DEPT. %* SENDER: I also wish to receive the a ■Complete items 1 and/or 2 for additional services. following services(for an w ■Complete items 3,4a,and 4b. d ■Print your name and address on the reverse of this form so that we can return this extra fee): ;n card to you. a; d ■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address •2 mpermit. 2.❑ Restricted Delivery m ■Write"Return Receipt Requested"on the mailpiece below the article number. ry rn a ■The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. delivered. P a 0 3.Article Addressed to: 4a.Article Number a P �' i�T�l''� N ` Type ( 4b.Service T e � p El Registered Certified ❑ Express Mail El insured Cn W _ Return Receipt for Merchandise ❑ CODcc a 7. Date of Delivery o o 5.ReceAd B : (Print Name) 8.Addressee's Address(Only if requested Y L and fee is paid) w L 6.S=(Adr Age t) C i i € i ff 11ii ttff {{t I ! I" y l.—t; l[l Ilt I4 f Il If�i t a 2 PS Forrr 3811,December 1994 ! 102595-98-13-0229 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 O Print your name, address, and ZIP Code in this box O TOWN OF BARNSTABLE BUILDING DIVISION 200 MAIN ST. HYANNIS,MA 02601 i'c r tltllliltl�il�il l3f i?i3tI�131'!t� i 7001 1940 0003, 9641- 3352��' LEGAL DEPARTMENT, TOWN OF BARNSTABLE OFFICE OF TOWN ATTORNEY Inter-Office Memorandum TO: Tom Perry, Building Commissioner FROM: Ruth J. Weil, 1st Assistant Town Attorney RE: 2001-0046 Bateman v. ZBA, C.A. No. BACV2001-00 148-A DATE: December 23, 2002 Enclosed please find the Judgment rendered by the Barnstable Superior Court in the above-referenced matter. Thank you. RJW:cb Encl. Q� N { [bldgmemo.doc] r Commonwealth of Massachusetts County of Barnstable The Superior Court CIVIL DOCKET# BACV2001-00148 RE: Bateman Trustee v Barnstable Zoning Board of Appeals TO: Robert D Smith, Esquire 0 U E 367 Main Street D ,I New Town Hall Hyannis, MA 02601 DEC 2 0 2002 TOWN ATTORNEY TOWN OF BARNSTABLE NOTICE OF JUDGMENT ENTRY This is to notify you that a judgment in the above referenced action has been entered on the docket. A copy of the judgment is attached. Dated at Barnstable, Massachusetts this 19th day of December, 2002. Scott W. Nickerson, Clerk of the Courts BY:........ .................. Nancy N. Weir Assistant Clerk w Telephone: (508) 375-6684 cvdno[jud_2.wpd 312265 judeven irvineji a� Commonwealth of Massachusetts County of Barnstable The Superior Court CIVIL DOCKET# BACV2001-00148 Philip C. Bateman Trustee of Short Beach Estate Trust vs. Barnstable Zoning Board of Appeals JUDGMENT ON FINDING OF THE COURT This action came on for trial before the Court, Robert J. Kane, Justice, presiding, and the issues having been duly tried, and finding having been rendered, It is ORDERED and ADJUDGED: 1) that the decision of the defendant, Town of Barnstable Zoning Board of Appeals, dated February 20, 2001, denying a special permit did not exceed-its authority, that no modification of it is required; and t 2) that the Clerk of Courts shall, within thirty days after entry of judgment, send attested copies thereof to the Zoning Board of Appeals of the Town of Barnstable, the Building Inspector, and the Clerk of the Town of Barnstable. y Dated at Barnstable, Massachusetts this nineteenth day of December, 2002. Scott W. Nickerson, Clerk of the Courts y: ..... ................................ J Assistant Clerk A 11 uompmp WA«"t-inidocll higgi;nbp oc��L� Town of Barnstable Regulatory Services STAB RAM I'E� Thomas F.Geiler,Director AtED �a�O 639, Building Division Elbert C.Ulshoeffer,Jr.,Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 7 December 14,2000 Mr.Philip C.Bateman 38 Parker Rd. Osterville,MA 02635 re:Building Permit for 25 Short Beach Rd.,Centerville Dear Mr.Bateman: We regret to inform you that the permit application that was submitted on December 13,2000 must be denied. Section 7 definition of setbacks requires that a lot abutting two streets shall have the building setbacks from each street that are required for the district that it is in. Your application shows less than the 20 feet required under section 4-4.3 (1)A,therefore you are required to obtain relief from the Zoning Board of Appeals.Enclosed is an application and instructions for this. Also enclosed is your application package. If you choose to proceed after receiving zoning relief,you must reapply for the permit. Sincerely, Tom Perry Local Inspector AW:TP g001214a TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 206 ;Parcel a4 5 Permit# Health Division' .� ..; Date Issued a Conservation Division i Z e O(� L3,oV Iw► oFr cod -..-,, Fee I � ,Lr Tax Collector O ed (A Treasur 0 .�� -, SEPTIC SYSTEM MUST L,E v TO INSTALLED IN COMPLIANCE Planning Dept. WITH TITLE 5 Date Definitive Plan Approved by Planning Board f ` ► ENVIRONMENTAL CODE AND TOWN REGULATIONS Historic-OKH Preservation/Hyannis ± Project Street Address 25 Short Beach Ro d ' Village Centerville; MA .Owner Philip C. Bateman Address 38: Parker Road, OGtervi'lle MA Telephone (508) 428-0200 Permit Request Construct one story WF two car ga_ra a (23' x 23 4 ' f ) No living space. I f Square feet: 1 st floor:existing proposed 5 4 0 2nd floor:existing proposed 0 Total new 540 Estimated Project Cost 2 0,0 0 0 Zoning District BD-1 Flood Plain R Groundwater Overlay AP Construction Type WF Lot Size 7268 s f Grandfathered: ❑Yes )]No If yes,attach supporting documentation. Dwelling Type: Single Family ] Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes 1�1 No On Old King's Highway: O Yes LkNo Basement Type: ❑Full 0 Crawl ❑Walkout ❑Other None Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing new—0 Half:existing new 0 Number of Bedrooms: existing new 0 Total Room Count(not including baths):existing new 0 First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other Centra l Air: ❑Yes ❑No Fireplaces: Existing New 0 Existing wood/coal stove: ❑Yes O No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:O existing ❑new size Attached garage:❑existing CN new size 2 3/2 3 Shed:O existing ❑new size Other: Zoning Board of Appeals'Authorization ^u-Appeal# _ Recorded O i Commercial ❑Yes Z]No, If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name Owner/Builder Telephone Number (508) 428-0200 Address 38 Parker Road License# —blot—'Required Osterville, MA Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO Barnstable Landfill SIGNATUR C — �� DATE ' dP �oFIMEl Town of Barnstable ' Regulatory Services BMWSTABLE, y MASS, g Thomas F.Geiler,Director �A 039. �0 rEGMA�A Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 January 29,2003 Mr.Philip C.Bateman 25 Short Beach Rd. Centerville,MA 02632 Re:Removal of garage foundation at 25 Short Beach Rd.,Centerville t Dear Mr.Bateman: On December 14,2000 an application for a garage at 25 Short Beach Rd.,Centerville was denied by the building department due to setback encroachment. On November 29,2001 an appeal was filed with the Office of the Zoning Board of Appeals which was subsequently denied on January 24,2001. On October 25,2002 Barnstable Superior Court conducted a de novo review of the denial of the special permit. On October 31,2002 the court affirmed the Zoning Board denial of the special permit. Since all appeals have been denied you are hereby directed to remove said garage foundation within fourteen(14)days of the receipt of this letter. Sincerely, 9ack4Figera Local Inspector CERTIFIED MAIL 7001 1940 0003 9647 3345 s TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARCEL ID 206 045 GEOBASE ID 12386 ADDRESS 25 SHORT BEACH ROAD PHONE CENTERVILLE ZIP - LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CO PERMIT 56605 DESCRIPTION C/O FOR SFH ONLY/ GARAGE INCOMPLETE PERMIT TYPE BC00 TITLE CERTIFICATE OF OCCUPANCY i CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: INE CONSTRUCTION COSTS $.00 � 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE P Q E * DARN3fABLE, 116� A` ED MO'I► BUI N D VI BY DATE ISSUED 10/22/2001 EXPIRATION DATE THE FOLLOWING . - . IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) M -A DATA THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) J T T'V`. Department of Health, Safet3 and Environmental Services BARNSTABM i ,J ;MASS. 1639. A�®� V THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY F'.-^. r 7NE5-70F, EITH-"R TE!v?O 2A: !: .y OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER TF;, .PUILDING: '.c,MU S i SE A"'ROVED BY i HE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE Ob, IN D FRO: .1' r+_i'F<<AR'1v1E��1'C)F PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLIC, BLE SL:SDIYISION RE rF I_'r;0 JS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE W.:TA1NED ON JOB AND ' 'WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED JNTIL'FINAL INSPECT!0d1 PERMITS ARE REQUIRED FOR RIOR TO COVERING STRUCTURAL MEMBERS, S BEEN MADE.WHERE A CF?TIFiCAI'E OF OCCU•• �� S ELECTRICAL,PLUMBING AND MECH- EADY TO LATH). ;� NCY IS REQUIRED,SUG?('.:1LDINu SHALL NOT BE s ANICAL INSTALLATIONS. SULATION. CUPIED UNTIL FINAL INSPECTION HAS BEEN MAD •. NAL INSPECTION BEFORE OCCUPANCY. $ ,) �,. • ® bo . • • z'7 BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS -RL.,.�..•:.b S•�lF�e'L.fb �,.{.,.cy �$ �t,�" '�: "OT �' P PROVED �.-- TOWN OF BARNSTABLI, :❑ GAS ' 3 1 HAWING INSPECTION APPROVAL r � � w 10. 2,Z_ ' a(,. . ���r��. 0-WRING PLUMBING . ❑ BUILDING e'l rJ c-Lti3r,tj 2 _-7 —9 OTHER: •L % SITE PLAN 0 N OF BARNSTABLE WORK SHALL NOT PROCEED UNTIL PER T VI ATED ON THIS THE INSPECTOR HAS APPROVED THE STR CTIC `"; s-.. '" <' _—_ NGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS. .': PLUMBING TTEN NOTIFICA- TION. NOTED AE _ :......._........_._.-�.. .. �® a • . TOWN OF BARN STABL tiu8JIJICATE O . CCUPANCy. PARCEL ID 206 045 CE08ASE ID 12366 A-DDRESS 25 SHORT BEACH ROAD PHONE CENTERVILLE ZIP LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CO ( PERMIT 56606 DESCRIPTION C/O FOR SFH ONLY/ GARAGE INCOMPLETE PERMIT .TYPE, BCOO TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS Department of Health, Safety IAACHITECTS: I and Environmental. Services T0TAL FEES I BONS 4 4 4+1rT1�E ` CONSTRUCTION COSTS $.00 75E3 CERTIFICATE OF OCCUPANCY 1: PRIVATE P: (I E * BARN3TABLE� �► MASS. f BUI ; N DIVI d J BY DATE ISSUED 10/22/2001 EXPIRATION DATE j � f,l THIS PERMIT CONVEYS NO RIGHT.TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY NOT SPECIF,ICALLY'PERMITTED.UNDER THE.BUILDING CODE,MUST DE APPROVED.DY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT'RELEASE THE APPLICANT FROM.THE"CONDITIONS OF.ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED f FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND INHERE APPLICABLE, SEPARATE t 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH): PANCY IS REQUIRED, SUCH BUILDING SHALL NOT BE `I I 3:INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. I 4.FINAL INSPECTION BEFORE OCCUPANCY. s ® I BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2, 2 2 t 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH' i OTHER: " SITE PLAN REVIEW APPROVAL i I WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- . MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. I D � � L� D � f:� � '� pf� G� [� 0 ',, '�� _,. TOWN OF BARNSTABLE -; CERTIFICATE OF OCCUPANCY PARCEL ID 206 045 GEOBASE ID 12386 ADDRESS 25 SHORT BEACH ROAD PHONE i CENTERVILLE ZIP i LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CO PERMIT 56605 DESCRIPTION C/O FOR SEE ONLY/ GARAGE INCOMPLETE � PERMIT TYPE BC00 TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: BOND $.00 Oki CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE P,;*-'E�' + BARNSTABLE. • MASS. 1639. • ED INI� BYI �D N D�VISI f0` ,�..\_..� DATE ISSUED 10/22/ ATE 1 / APPROVED TOWN OF BARNSTABLE ❑ GAS CQ WIRING ❑ PLUMBING . ❑ BUILDING �T .. PFn r� ® A10 o �0�r N OF BABNSTABLE -El, l "PLUMBING El-- ` b' TO ,C, ,, AR CTABL ;- PARCEL'`ID 206 '045 CEOBA LD 1.2386 I ADDRESS' 25 SHORT BR CH ROAD PHONE C:ENTERVI LLB - ZIP - UYI' BLO01K MI., SIZE ,C�C)13`TRf�C'[ORS- PROPERTY OWNER Department of Health Safety and Environmental Services BOND $.CID T ME CONSTRUCTION COSTS $1.00,OOO.00 f 464. RE81t ADD/At T/C. Nil „ I / �'R�:'���`i E k. It r� ; J Ci"1 z BAMSTABMKAW r (: t U'�IDiAIPe4� T�P By: a v +v THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR AI\"PART THEREOF, EITHER TE!0PO RAN I'Y'ORRPERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER Tf IJILDING 0DE,iviUS,GE APPROVED BY'(HE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE Ob €.,`AINED FROM t HE?ERAR'i-MEN1'OF'?UBLIC WORKS.THE ISSUANCE OFTHIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPUCAB;_E SL''ODI`/ISION RESTPICino-t4s. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED >� FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND' ? ,THERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION I.:: . PERMITS"ARE .REQUIRED FOR "2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCUr a ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). FANCY IS REQUIRED,SUCH L:UILDING SHALL NOT, BE, „ 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE:. ANICAL.INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY. p- BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 ..i I 3 10, ZZ �l 1 e"EATING INSPECTION APPROVALS " ENGINEERING DEPARTMENT I 2 �j q_.6,3 B, AR��OF HE H CR OTHER: SITE PLAN REVIEW APPROVAL I I : s WORK SHALL NOT PROCEED UNTIL PER WILL BECOME NULL'AND VOID IF CON INSPECTIONS INDICATED ON THIS THE INSPECTOR HASAPPROVEDTHE STRUCTION WORK IS.NOT,STARTED.WITHIN`SIX 'CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF-DATE THE PERMIT IS,ISSUED°AS "aTELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. ,' ' TION'.' 4" y • 1 • 1 If A f1* BUI L" Dk ,NG Zi IQp menu& PERMI lPm - �) a f t/ _1. J • yak 9� a a i . 1 , V P. Bateinan �� 71 38 Parker Road O.terville, MA 02655 Building Inspector Town of Barnstable 367 Main Street Hyannis, MA 0 u o 1 u 1XjX1X1 � s .11X1J:1�IX 1ri.r.Sswl l`LBII.I.IY,f NI9 A'6�PBIIAIl�111',I.I.I� iv .-. .. i�i7"J 1;.1X1Y.1r�1�1 :lY.iY,f�,��.1r�l�f�f.q�/1rti �/ 6: aFTy�,y13`6/r.i✓:iXVX11XIY,IY,I I�iJ�1 Ihs.iEf !Je6, eft„ ?,11v1i111.1tr' f ls ,�.1 ,.1 f.. h1i Ifi3 i' = ii L bi Hit (i �� March 14, 2000 Building Inspector Town of Barnstable 367 Main Street Hyannis, MA.02655 Re: Building Permit Extension Permit No. 41430 Dear Sir/Madam: Due to the difficulty in hiring various tradesmen to work on aspects of this building project, I would appreciate the granting of a 6 month extension or until September 29, 2000, in order to commence the building process. Thank you for your consideration on this matter. Very truly yours, Philip C. Bateman PCB/pb 4 ,a 1 °F�HEr°�ti The Town of Barnstable BA MASS.MASS.LE. Department of Health Safety and Environmental Services 7 0a s67q. �0 pjFt 639. Building Division 367 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner Inspection Correction Notice Type of Inspection Location 2 S 1 Tl � Cklr Permit Number 4143 0 Owner Builder f /I One notice to remain on job site, one notice on file in Building Department. The following items need correcting: 7 LJL Please call: 508-862-4038 for re-inspection. Inspected by P L. S _ Date 0 1 �.�f1► ASt� • t V 11 JUL V1 ""A AA1hj%0emsw+iv • 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 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: Rem ode 1 and additions Estimated Cost $10 0 , 0 0 0 Address of Work: ajri-5 Short Beach Road. Centerville. MA Owner's Name: Philip C. Bateman Date of Application: 3/1/9 9 I hereby certify that: Registration is not required for the following reason(s): Work excluded by law Job Under$1,000 Building not owner-occupied ]Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME MOROVEMENT 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 3/1/9 9 Contractor Name Philip C. B a t ema nRegistration No. Date 3L�/99 wnir's NAme Philip C. Bateman q:fomu:Affidav The Town of Barnstable do Department of Health Safety and Environmental Services Building Division MAMST"L& ' 367 Main Street,Hyannis MA 02601 MABB. � 0 9• ArFD MA'I� Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner HOMEOWNER LICENSE EXEMPTION DATE: Please Print � / � / � 9 ' JOB LOCATION: CZr alGl number I street l r�fl ^� village n ) �p .HOMEOWNER": M�C.y- C &P)f,2 -8r2 d COP) %(J`�w name home phone# work phone# CURRENT MAILING ADDRESS: ;® �"*ZL, (&0-1 (S4 UW tulI V't A. 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 en rmit (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 irements..gature of Ho owner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION 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 person(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 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 a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. Q:FoxMs:ExEWT Feb-23-99 03 :42P P_Ol or Y n ROAD 600- 33-Q.1. • . LL+ is L0 t 13 5140 00 L B. LOT 30 2.3 - ,w LOT 5 0 1 O 1 , -15.26 2p'��1 c`rr SB5 3355"W 0 86-00 .t lh �� S76.1y•30. ' �e C 1 I LOT 14 LOT .13 %roTE ` i, PRE-E.YISTING. NON-CONFORMING RES..- ZOjVE- " D-t" This MORTGAGE INSPECTION pen% is Foonl� FLOOff,ZONE` '6'" TOWN: -U-ii TFERy71-.L1' . ... _. REGI�'Tf; ' 0WNER: _I>C�A'.,.41,D.. F'_ d ,10.,l-ti_ ,lr- ��CHTR_-- - - - B I;Y!•'!Z: ,F'1r�IL,/<I0:'.. .0;. �••il Z'L-'��J,l:�'REF- DATE: 2-���_yam_ PLAN REF: _I�4_ y 'L�f3—c:� `C'ALr: i"-- op' _CAI,_ I H -------U � t�cE� �Y va YANKEE SURVEYG _ ------THAT THE BUILD114G SH.OWN ON THIS PLAN IS i.(?C.�TFD ON THE GROUND AS CONSULTANTS SHOWN AND THAT ITS POSITION DOES ____ CONFORM 40B (SUITE 1) "M THE ZONING I.AW SETBACK RL(tUIRI?;NIFNI TS Qr THE 1`, , ., n "� I,� -r ; QO(1.." IVDI t'RY ROAD T :v,v OF _ �;-1h:..�'7:•IfI„1.:' ,�.�rr , t 'r If DOES_._�..U7_._. I, F 'r1�1I :{:ti 111L .- IPt.(AAIt .' 1.OU1) HAZARD4Ly� `.1AIt�'1'C?N� !+111.!� 41A. U:.1i.171 AREA AS SHOWN ON 'I hE H. 1,'.D. AP DA'fF L)...%:;..�_��'--- � rp 'I EI.. 'I'III` PLAN NOT MADE FROM AV INSTRUMENT ��t f'G S•U�' suuyey. No,r 'I'U f4[: USED FOR FENC'E'S. ETC. L.G7` Z07T�d 90 JAMES C. MOORE No 33253 o.S b Z.c,G�Y\t� �1ow�� �q,s sin q,-x ���� Cam' - r EST/MATED PROJECT COST WO.RKSHEET Value LIVING SPACE (high end construction) d2 7 S' square feet X$115/sq foot= 2 6 Z (above average construction) square feet X$96/sq. foot= (average construction) square feet X$57/sq. foot= GARAGE (UNFINISHED) square feet X$25/sq. foot PORCH square feet X$20/sq. foot DECK square feet X$15/sq. foot= OTHER square feet X$??/sq. foot= Total Estimated Project Cost 3U n', 7 30' For Office Use Only /n9/us6o1M Affordable Housing Fee Residential F1 Commercial" Property Owner's Name Project Location- 2LS > l Project Valuel`3C>6} 730. Permit Number_ /y **Existing Sq. Ft. **Proposed New Sq. Ft. Fee$ f IAHFORM 1/3/00 TOWN OF BARNSTABLE BUILDING'.PERMIT APPLICATION. L/ i Map 206 Parcel :'4 5 . Permit# . Health Division O Date Issuedhow A " 2 ( . Conservation Division �5 � j + - Or Fee } 3 2, 2G r a VI Tax Colle � • Treasur q SEPTIC SYS iI MUST B 622 26 ' .; INSTALLED IN COMPLIANCE 1 `w' Planning.Dept. �% _ WITH TITLE 5 ENVIRONMENTAL CODE AND Date Definitive Plan p ved by Planning Board ntE 7WPiN a Historic-ORH Preservation/Hyannis `'` I F '''•"' d� Project Street Address ]Short Beach Road' Village Centerville r ' . ; ( ,a ter �a.h�l�� 7 Owner Philip C. Bateman Address�� Parker Road, Osterville, MA Telephone 508 428-0200 4 t, :Permit Request ZZ Remode exisiting struct" e, add second ory and f ' st ' f 1 o U i ' ✓Aj( Lo Square feet: 1 st floor:a fisting 1 n� proposed 2 R 4 2nd floor:existing n proposed i n g n Total new i _1 7 4 Estimated Project Cost '0 Zoning District RD*=.1 Flood Plain B Groundwater Overlay -AP Construction Type wood Frame Lot Size 7268 +/ Grandfathered: L21 Yes ❑No If yes,attach supporting documentation. Dwelling Type: Single Family. W Two Family. ❑ .. Multi-Family(#units) Age of.Existing Structure 1960 , Historic House: ❑Yes -"O'No On Old King's Highway: ❑Yes Z]No Basement Type: W Full L:kCrawl ` ❑Walkout ' ❑Other Basement Finished Area(sq.ft.) 0 Basement Unfinished Area(sq.ft) New—2 8 4 s f Number.of Baths: Full:existing ' i new 1 Half:existing 0 new_i Number of Bedrooms: existing 3 new 0 T�tal Room Count.(not including baths): existing new 4 First Floor Room Count Hpat Type and Fuel: ®Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes L:kNo "Fireplaces: Existing 1 New p Existing wood/coal stove: ❑Yes L4 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-4 Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# Current Use Proposed Use I BUILDER INFORMATION Name Owner/Builder Telephone Number (508) 428-0200 2c, -3506 Address 38 Parker Road, Osterville License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO ` Barnstable Landfill 3/1/9 9 SIGNATURE,.._ P � DATE _ FOR OFFICIAL USE ONLY MIT NO. 3 y DATE ISSUED MAP/PARCEL NO' ADDRESS.` t }i r VILLAGE OWNER k DATE OF.INSPECTION FOUNDATION FRAME . �' 6 /�- � y- •i. ' INSULATION ' , i �/"6 f •.. 1 _i h , FIREPLACE, ELECTRICAL: • ;ROUGH FINAL' ' PLUMBING: ROUGH] (0 ' f FINALcr GAS: 7µ ROUG% i s FINAL FINAL BUILDING _ ..` � ;/�G6✓ I,Jf C� Z"L `�� rn 4 DATE CLOSED OUT ASSOCIATION•PLAN NOW r 7=CURAppmwkj TabbJSZ1b . ptuawd►e Faekaw tar One and Two•Fandy Rudmdal BoildbW Heated with Fasal Fuel MAXfMUM 1Y111111M[!14! wall Floor "momS1tb86 r A!!d \•'� V-Ve�ll� �'��� w�`an'��� FUWAW &.1. ` 670E to 6600 Head"Deftee O&W Q112 0.40 39 13 19 10 6 Normal I! OM 30 19 19 10 6 Normal S 0.50 3E 13 19 10 6 AEZJE T A36 36 13 2S WA WA Normal U OA6 3i 19 19 10 6 Normal 'v , 0.44 s :3 2i WA WA AFE1E a osZ 3O 19 19 10 6 ItsAFUE x 0M 38 13 2S WA WA Normal Y IBA 0.42 38 19 2S ;I WA WA Normal Z 18% 0.42 3= 13 19 10 1 6 90AFUE AA 18% M50 11 30 1 19 19 10 6 90 AFUE 1. ADDRESS OF PROPERTY' 4-;- short Beach Road 3 Centerville, MA 2. SQUARE FOOTAGE OF ALL EXTERIOR WALLS: 2035 3. SQUARE FOOTAGE OF ALL GLAZING. 384 4. %GLAZING AREA(#3 DIVIDED BY#2): i a S. SELECT PACKAGE(Q—AA-see chart above): AA NOTE: OTHER MORE INVOLVED METHODS OF DETERMINING ENERGY REQUIREMENTS ARE AVAILABLE. ASK US FOR THIS INFORMATION. a BUILDING INSPECTOR APPROVAL: YES: NO: q-forms-6980303a 780 CMR Appendix J Footnotes to Table J5.2.1 b: Glazing area is the ratio of the area of the glazing assemblies (i ding sliding-glass doors, skylights, and basement windows if located in walls that enclose conditioned space,h 1cluding opaque doors)to the gross wall area,expressed as a percentage. Up to 1%of the total glazing area may s excluded from the U-value requirement. For example,3 ft of decorative glass may be excluded fivm a building design with 300 fl of glazing area. =After January 1, 1999, glazing U-values must be tested and documented by the manufacturer in accordance with the National Fenestration Rating Council (NFRC) test procedure, or taken from Table J1.5.3a. U-values are for whole units: center-of-glass U-values cannot be used. ' The ceiling R-values do not assume a raised or oversized truss construction. If the insulation achieves the full insulation thickness-over the exterior walls without compression, R 30 insulation may be substituted for R-3 8 insulation and R-38 insulation may be substituted for R-49 insulation. Ceiling R-values represent the sum of cavity insulation plus insulating sheathing (if used). For ventilated ceilings, insulating sheathing must be placed between the conditioned space and the ventilated portion of the roof. 'Wall R values represent the sum of the wall cavity insulation plus insulating sheathing (if used). Do not include exterior siding, structural sheathing,and interior drywall. For example,an R-19 requirement could be met EITHER by R-19 cavity insulation OR R-13 cavity insulation plus R-b insulating sheathing. Wall requirements apply to wood-fame or.mass(concrete,masonry,log)wall constructions,but do not apply to metal-flame construction. The floor requirements apply to floors over unconditioned spaces(such as unconditioned crawlspaces,basements, or garages).Floors over outside air must meet the ceiling requirements. `The entire opaque portion of any individual basement wall with an average depth less than 50%below grade must meet the same R value requirement as above-grade walls. Windows and sliding glass doors of conditioned basements must be included with the other glazing. Basement doors must meet the door U-value requirement described in Note b. 'The R-value requirements•are for unheated slabs.Add an additional R-2 for heated slabs. ' If the building utilizes electric resistance heating use compliance approach 3,4, or 5. If you plan to install more than one piece of heating equipment or more than one piece of cooling equipment, the equipment with the lowest efficiency must meet or exceed the efficiency required by the selected package. 'For Heating Degree Day requirements of the closest city or town see Table J5.2.1a NOTES: a)Glazing areas and U-values are maximum acceptable levels. Insulation R values are minimum acceptable levels. R-value requirements are for insulation only and do not include structural components. b)Opaque doors in the building envelope must have a U-value no greater than 0.35. Door U-values must be tested and documented by the manufacturer in accordance with the NFRC test procedure or taken from the door U-value in Table JI.5.3b. If a door contains glass and an aggregate U-value rating for that door is not available, include the glass area of the door with your windows and use the opaque door U-value to determine compliance of the door. One door may be excluded from this requirement(Le.,may have a U-value greater than 035). c)If a ceiling,wall,floor,basement wall,slab-edge,or crawl space wall component includes two or more areas with different insulation levels,the component complies if the area weighted average R-value is greater than or equal to the R-value requirement for that component. Glazing or door components comply if the area-weighted average U- value of all windows or doors is less than or equal to the U-value requirement(035 for doors). 43 The Commonwealth of Massachusetts -- = Department of Industrial Accidents -= '- , -=� Ofllce ol/arest/gat�oos '� -_ 600 Washington Street - - -� Boston,Mass. 02111 Workers Com ensation Insnrance Affidavit name: l. f%MG✓V location• 0�-5 �'1 � ��C.c�'� city �,Ci F phone If ❑ I am a homeowner performing all work myself» I am a sole rietor and have no one worlii in anv �tp I am an lover providing workers compensation for my employees working on this job. -��8n1C: '.�'»?: :3i� i<ii��ii2`' i>2a��>�`:::[< '<:; i�'`?: >'i''i'i'��` >:i:::: i{ iii 'i%ii+iyii.i'y%•ii:i:;<:::>:;::::;::::;<i22'::;:::i::;i?i:'i'>::' :::::::.:: .:.:: on ::::..:..:..::.:...:.::::..:.:.:. :.::....::.:...:::..:..............::::.::.:.::::..., :: ....,.........:.:.:: ......:,.::::..... dtv ❑ I am a sole proprietor,general contractor,or homeowner(circle one)and have hired the contractors fisted below who have the following workers' compensation polices: con <si:>:}ram { ...::....:.:..: ::.... �adiires ... :....::::...:.::.::::.:::::K;".. }.y :• v. :•>. .....................:•::.. .......n..•.v:.O%.....:.....................vn..........r............{............w. w�F...'.Ni. { .':./.{..v...::.v.::•.x:Cv... {4::}::x::::nvm::.v.,•:::::.}:.vrw•::ww:w%rw<}x:}:. ..................v-•.v......v.v......-::•:}.....................-........:..................nv •.w.w .0.6.x. w.J.....w...... ...... .....................................v.•-...r... ..i'!_.-::::i}:}}:•}:.}:•}wv{:i'ii:f>.isi::i::iiii:<i::>.isiiiiiii:iiij'.i:{:$ri:i::iiiiiiii:::ii.'�:�iii::: }:::::::.. .................................... .L ...........cow.... ........... .............-.............................-.......:::r:•:::::::•:::::K•.. .:v.v:... ........ ..-v.xw•::- ,.r:.....,,. :.. ,•........-:�::::......:•;•,.v%•:,v}:rS;r:}:{;:ra':•:ir::;;:':;;:;;:;;:;-.... �:... ...br$.•..... w r.:;.1:.}:•}:v:{:{.... .w,�w..{.:,w....;.. .....:v.L::::::.::v......••:• ..w.v ... .....:................v........ ..}W.w X•.::^:"v:'nw•;w'{...w..::::f....::........v...}.{:Mh+}w::. ................:v......w...........�...Q.r................................... w......r 4Q Y.J.•.}.. .{?� ...vv}:}lwY.•:1•. ' ................ ............... ..w...,...........v.....r................::•..:{• ........w....O.w At}:• �..w{v..v..{..... a::::w:.....4:.i•:.v}n..r::.�•.:. R':...v....t.............. ....:..................:.::......................... ......................... <. r« mtv:ram�;:,.. .......,............................ >kz? tress.ad ?fi+ '.: :::?:�2::f`: ::::::: ::::::�::` ::::: ;:`; ::::::}::r::?8::leaf:: :t::;::;::::: ::::::i::rS:;2::::;::;;;;;: tin el } ���b h } ........... ....cow ............................... ,.w.,......... .......... .,:..{.w...,:.:xw..- ..::.:,:.::::::.-.,:.:.�:"{::::........................ .................... ............ .... ............... .................................:...x....-.-..}irwvw..w...:• Im ,•%�::::;ii{•?:}::i:•}i}:;•ij}y:i:w.... Faibae to seems coverage as required mrder Section 25A otMGL 152 can fad to the imposition of cdadnal penalties of a fine up to s1,S00.00 and/or one year'itmprbonment as weII as rlvil penaiffn in the torn of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that a copy of this statement maybe forwarded to the Office of Investigations of&a DIA for coverage verificatimL I do hereby certify under the pairs mid penalties otf p that the information provided above it&w mad coned Signature Date Print name 1i "-� (!�r✓ phone# Q C'6 ------------------------ official use only do not write in this area to be completed by city or town official city or town: pernoucense# ❑Building Department ❑Licensing Board ❑check H immediate response is required ❑Selectmen's Office ❑Health Department contact person: phone#; _- ❑Other am (rAm 9195 PIA) Information and Instructions Y Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law",an employee is defined as every person in the service of another under any contract of hire,express or implied,oral or written. An employer is defined as an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. Howeverthe owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency,shall withhold the issuance or renewai of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation and supplying company names;address and phone numbers along with a certificate of iasuni ce as all affidavits 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. City or Towns Please be sure that the affidavit is complete and primted 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 p.e.nmit/licease nmrber which will be used as a reference mi6er. The affidavits may be zwrER in- the Department by mail or FAX unless other arrangements have been made. The Office of Imvestigaticros would Ile to thank you in advance for you cooperation and should you have any.questions. please do not hesitate to give us a call. The Department's address,telephone and fax number. s . The Commonwealth Of Massachusetts Department of Industrial Accidents Imce of Imlestlpadons 600 Washington Street Boston,Ma. 02111 fax#: (617) 727-7749 phone#: (617) 7274900 eat 406, 409 or 373 t Aiag-29-00 07:48 Ostervill�o Water ®apt 508 428 3:508 P- 02 w. Centerville-oste.rville-Marstons Mills Water Department P.O. BOX 369- 1138 MAIN STREET OSTERVILLf,MASSACH iSE-FI-S 02655 r1� OfFt(1 (n WA71d t BOARD OF wS1'ItR('i,MMISSIONI:RN DEPT. TE1- No,�ux.l'_x-oavl I August 21), 2000 Town of Barnstable Building Dept 367 Main Street Hyannis, MA 02601 ' Re: Account#1615 Philip Bateman 15 Short Beach (toad Centerville, Mil C;entlemen: On August 2S, 2000 the Water Dcparlment discont3ectes1 the water serv;Ce at the curb stop for the property mentioned above. It is our understanding drat the owner plans to demolish the hone and re-build. If you have.any questions, please call our office at 428-6691, Very truly yours, Craig Crocker Superintendent CC/jw 08/29/2000 TUE 11:34 FAX 5087909370 Linda Roderick 'Q ool .r ComElectzic AN A&mR COMPANY . Commonwealth Electric Company 2421 Cranberry Highway Wareham,Massachusetts 02571 484 Willow Street Hyannis, Iva 02601 August 29, 2000 Philip C. Bateman Re: Removal of Electric Cable 15 Short Beach Road, Craiwille, MA To Whom It May Concern: Please be advised that the service at the above referenced location has been removed and that there is no electricity at this service. Yours truly, Linda Roderick Chief Customer Service Representative T , Ref. WR#222606 AUG 23-2000 WED 09:47 AM COLONIALGAS FAX N0, 506 760 7611 ?. 02 a 201 Riucrinror Sucta BOSIORgas Well Rmbury,Nla"s3a]m tu'z 02132 I;. , tel:617.723 5512 Essexgas ���oiOM81°gas Eastern Enterprises August 23, 2000 Phillip Bateman 38 Parker Road Osterville, MA 02655 re: 25 Short Mach Rd., Centerville To Whom It May Concern: - This letter is to confirm that the natural gas services to the alcove referenced property have been cut and capped at the gatebox. This work was completed by us on F August 22, 2000. If you have any questions, I can be contacted directly at 508-760-7503. Sincerely, Sally Sinclair Distribution Department Ta The Commonwealth of Massachusetts Department of Industrial Accidents ::: _ Office 011HYe5ti989817S l = C� 600 Washington Street Boston,Mass. 02111 Workers' Com ensation Insurance Affidavit name location etty LT,,nT ;44 ► 1 Z- I d phone# ❑ I am a homeowner performing all work myself. ❑ I am a sole proprietor and have no one working in any capacity %/////------ ❑ I am an employer providing workers' compensation for my employees working on this job. com anv name: address. ON: olicv'# insurance co. / I am a sole proprietor, general contractor, or homeowner(circle one)and have hired the contractors listed below who have the,following workers' compensation polices: company name: :.: ""• address hone# ly r ci . ., insuranceco. coin anv name: address: hone:# city: 20 CV. insurance co:. Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of s Hue up to S1,500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is truo and correct 4 Signature Date —T - Print name t' Phone# '� � o official use only do not write in this area to be completed by city or town official permit/license# ❑Building Department city or town: ❑Licensing Board ❑Selectmen's Office ❑check if immediate response is required ❑health Department contact person: phone#; ❑Other (remen 9195 P1A) Information and Instructions - Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law",an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer, or the receiver c trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renew: of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who ha! not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation and supplying company names, address and phone numbers along with a certificate of insurance as all affidavits 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 cidents. should you have any questions regarding the"law"or if you being requested,not the Department of Industrial Ac are required to obtain a workers' compensation policy,Please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete"and printed legibly. The Department has provided a space at the bottom of th 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 permitllicense number which will be used as a reference number. The affidavits may be reach d to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Me of Invesdoadons 600 Washington Street Boston;Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 eat. 4069 409 or 375 i 02A8/99 THU 21:11 FAX 5084202921 AG ADV and LAW OFFICES L0001 FAX P P,.ANs MISSION Bateman Building Enterprises A Z5; Custom Builder 38 Parker Road Ostervi!le. Massachusetts 02655 Philip C. Bateman Telephone(50$)420.3500 FAX(508)420-2921 To: Ralph M. Crossen Dare: 2/19/99 Fax#: (508)790-5230 Pages: b, including this cover sheet. From: Phili-o C. Bateman Subject: 15 Short Beach Road, Centerville,MA/Ruilding Permit COMMENTS: . Hi Mr. Crossen: This is the zoning variance issued on this parcel and the abutting property on September 27, 1990. Once you have reviewed the attachments please call me with the status of a building permit on this property as we discussed this morning. Thanks again for seeing me so early this morning. Regards, Phil Bateman 6 r i CLERK orb C f� `,v TOWN OF BARN-TABLE 0 ZONING BOARD OF P1 5� ! VARIANCE DECISION AND NOTICE PETITION: #1990-56 PETITIONER: DONALD AND JOAN RICHTER At a regularly scheduled hearing of the Barnstable Zoning Board of Appeals , held on September 13 , 1990, notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of Massachusetts , Donald and Joan Richter, through Mr . William G. Weller of Weller 8 Associates, petitioned the Board to vary Section 3- 1 . 1 (5) , Bulk Regulations , of the zoning ordinance. The petitioners appeared before the Board on September 13 , .1990 . They are the owners of two lots at 11 and 15 Short Beach Road in Centerville. Each lot contains a one-story frame dwelling. The lots are 7, 180 and 10, 290 square feet according to a plan submitted by the petitioners . The lots are in the RD- I , one-acre zoning district. Setbacks in the RD- 1 district are 30 feet front and 10 feet side and rear. The boundary 'line dividing the two lots goes thorough the existing building on parcel -#97( lot 30) and the garage on pare-e 1 •45 ( lot 29)' . The pet i.t i oners have owned the. property for over 25 years and, according .to Mr. Weller, were not aware of the location. of the property line when they purchased the properties . The petitioner has drawn a plan which moves the lot line some 18 feet to the west. FINDINGS OF FACT: Based upon the information submitted, the Zoning Board of Appeals. made the following findings of fact : 1 The petitioners were unaware of the location of the lot line dividing the properties when they purchased the two parcels ; 2 the two lots are taxed as separate lots with a dwelling on each lot ; 3 there would be a financial hardship to the petitioner if they could not sell the parcels separately; .1 All A f4 y . - • � --- i�'� '>! �--��_ -------•ter -- -- -- � - � ,-- -r��41 : ♦ i X PE rld i _ - - y . • 9 •+ n k Js It 0 PE S ca A CZ — ,, 1 'PL Avi 3 ' 44 fs— t. „ n x _ : c A1— o • 1 F LeQ R _ F s _ _ n , A `T T j - n e; C4 _ y n If • � - y `. _ r _ m - e t _ .. a r 5' , r