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Home My WebLink About0089 SOUTH MAIN STREET !W71 t . a k i � .. _ o ,,. ,. .. ,.. _ _m ;,.. ..; •rm.. :,�ynk: n -.a�,. �� 'Gi, �:r;;- .,�:,n,_,mr_neiT -cxc.,�,..v,.� ._ �.n W�-�� e� a, a • BARNSTASM _ MAS& MIN Town of Barnstable Zoning Board of Appeals Notice of Withdrawn Without Prejudice Appeal 2006-050A-Hostetter Modification of Special Permit 1981-13 or Special Permit-240.94 Nonconforming Use To allow Personal Service use of the property in addition to existing office and retail use Petitioner: Adam's County Place Realty Trust,Pricilla M. Hostetter Trustee ' Property Address: 89 South Main Street,Centerville MA Assessor's Map/Parcel: Map 228 as parcel 127 Zoning: Residential C Zoning District Relief Requested & Background: In April of 1981,the Zoning Board granted Special Permit 1981-13 to Daniel C. Hostetter for the change in a nonconforming use. That permit allowed a combination of mixed uses consisting of a gas station, automotive supplies store,two apartments,offices,.retail sales and storage rental to a country store with the sales of gasoline. With the exception of the gas service station,the permit was implemented and improvements were made to the property as presented in the plan submitted. The plan shows the proposed use of the building as; 1 retail"General Store"unit of 1,120 sq.ft., 3 addition retail units/suites totaling 1,176 sq.ft., 3 office units/suites totaling 864 sq.ft., 1 retail or office unit/suite of ' 560 sq.ft.,and two apartments located above(one studio unit and two-bedroom units). In addition, a total of 29 on-site parking spaces were shown on the plan. Today the applicant is seeking to include in the list of permitted uses"Personal Services". More specifically the applicant is seeking to use the rear 1,250 sq.ft. area of the building(originally designed to be 3 units)as a dog grooming service. Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Zoning Board of Appeals on April 27,2006. A` public hearing before the Zoning Board of Appeals was duly advertised and notices were sent to all abutters in accordance with MGL Chapter 40A. The hearing opened on May 24, 2006,continued to June 7,2006 and to June 21,2006 at which time Mr. Michael Schultz,the Applicant's Attorney,cited that the Building Commissioner upon re-review of the issue determined to allow the dog grooming business as-of-right. He explained that the Building Commissioner based his decision on the fact that an existing personal service beauty parlor had existed in the building dating back to the special permit in 1981. Motion: At the June 21,2006 hearing a motion was duly made and seconded to grant the applicant's request to withdraw Appeal 2006-050A without prejudice. The vote was as follows: AYE: Ron S. Jansson,Jeremy Gilmore,John T.Norman,Kelly Kevin Lydon and Gail C.Nightingale NAY: None Ordered: Appeal 2006-050A has been withdrawn without prejudice. Appeal 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. Gail C.Nightingale, Chairman Date Signed ; I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk BARNSTAOM Town of Barnstable Zoning Board of Appeals Notice Withdrawn Without Prejudice Appeal 2006-032-Hostetter Modification of Special Permit 1981-13 or Special Permit-240.94 Nonconforming Use Summary: Withdrawn Without Prejudice Petitioner: Daniel C.Hostetter Property Address: 89 South Main Street,Centerville MA Assessor's Map/Parcel: Map 228 as parcel 127 Zoning: Residential C Zoning District Relief Requested &Background: In April of 1981 the Zoning Board issued Special Permit 1981-13 to Daniel C. Hostetter for the change in a nonconforming use. That permit allowed the conversion of mixed uses consisting of a gas station, automotive supplies store,two apartments, offices,retail sales and a storage rental to a country store with. the sales of gasoline. Except for the gas service station,the permit was implemented and improvements were made to the property as presented in the plan submitted at that time: That plan shows the proposed use of the building as; 1 retail"General Store"unit of 1,120 sq.ft., 3 addition retail units/suites totaling 1,176 sq.ft., 3 office units/suites totaling 864 sq.ft., 1 retail or office unit/suite of 560 sq.ft.,and two apartments located above (a studio unit and a two-bedroom unit). A total of 29 on-site parking spaces were shown on the plans submitted. Today the applicant is seeking to include in the list of permitted uses"Personal Services". More specifically it appears the applicant is seeking to use the rear 1,250 sq.ft. area of the building(originally designed to be 3 units) as a dog grooming service. Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Zoning Board of Appeals on March 01,2006. A public hearing before the Zoning Board of Appeals was duly advertised and notices were sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on April 26,2006 at which time the Board discussed the Applicant cited in this appeal. It was noted that the actual owner of the property is Adam's Countr 4 y Place Realty Trust,Pricilla M. Hostetter Trustee. The hearing was continued to May 24, 2606,to allow for a new application in the name of Adam's Country Place Realty Trust,Pricilla M.Hostetter Trustee. At the continuance Attorney Michael Schultz noted that a new application—Appeal 2006-50-has been made to the Board in the name of Adams Country Place and therefore he requests that the Board grant a withdrawal without prejudice of this application.: Motion: At the May 24, 2006 hearing a motion was duly made and seconded to grant the applicant's request to withdraw the Appea1.2006-032 without prejudice. The vote was as follows: AYE: James Hatfield, Shelia Geiler,John T.Norman,Kelly Lydon, Gail C.Nightingale. NAY: None k 2 Ordered: Appeal 2006-032 has been withdrawn without prejudice. Appeal 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. , Gail C.Nightingale, Chairman Date Signed I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 3 '81 hp -y PH 3 1a Board of Appeals Louis R. Adams _....................._......._.................-_......._............._.....__..._.-........._...._..__....._..._.... Deed duly recorded in the Property Owner County Registry of Deeds in Book Daniel C. Hostetter ..................................................__......................_............._..........._._ ___ ...... . Page ._ ...._. ... ..., .__...._......_._.___-_-_..................Registry Petitioner District of the Land. Court Certificate No. ........................ _.._..........._. Book...... ... ..: Page ...__ .._... Appeal No. 198_1-133 _— Apri 1 19 81 ...__ FACTS and DECISION ; Petitioner ---.DanielC. ' Hostetter _ _•__ _ _ filed petition on _..Ma_rch_2 lg 81 requesting a variance-permit for premises at _8� South_Main••__ ___ Street; in the village ,of _ -.Centerviille adjoining premises of see attached list ...—..---._...__-_._._._...._, ..._.�.__..._...._...___...__ .,.�.__....••.•,.._..,..., for the purpose of Locus is presently zoned in...........Res i deuce,•C zon i rig •d�st-r•j• ,, __ _w_ _ Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and Cape Cod News & by publishing in Barnstable Patriot. newspaper published in Town of Barnstable a copy .of which is attached to- the record of these proceedings filed with Town Clerk. A puhlic hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, 11yannis, Mass., at $.;. r�._..--__._,_• X ( P.M. ).9._. 81 _. _.!... � .._. ____..._ ... _...___. 19 , upon said petition under zoning by-laws. Present at the hearing were the following members: ...._R-i.ch-ard L. BoY........._...:....._...,_ Er. nk....P.�....Congdon...._..... h5?.k. .....P...,..._.La.l:j..._........._......... .. -... .... Chairman ....._._........ ....................... _.... ....................................................................... At the conclusion of tL )earinp, the t3oard took said petition ler advisenr,. it. A view of the locus was-had by the Board. Appeal No....... Page .......... ._....... of 3........... On ._...Marc[ 1g__ ..... 19 8.1......_, The Board of Appeals found Attr; StePfien C; ,)ones represented the petitioner who seeks a special permit for a change of use at Louis Adams ' garage on So. .Main St. , Centerville in a residence C zoning district. In the late 1920's , a service station was established at this location and a license still exists for the sale of gasoline and automotive supplies. The rear portion of this structure is rented out to Sears Auto for the storage of automobiles and motorcycles. The Board established the legality of the existing non-conforming use at the time of the decision on a prior petitioner who was denied a change of use to allow condominium construction. The petitioner will not make any exterior structural change to the building other than upgrading it as shown on the plan submitted with the filing and a general store would be located in the area presently used for the garage. There would be office space along with some retail use in the area now used for storage. The two existing apartments would be -upgraded. The site plan and interior floor plans were explained to the Board members by Mr. Jones and the petitioner plans to spend in excess of $100,000. to upgrade and renovate this property. This now rather decrepit looking building would have an attractive colonial design as shown on the plan and would be an asset to the neighborhood. The petitioner will not create any additional non-conforming uses but will replace existing -uses on a one to one basis. Therefore, there will ' be compliance with Sec. G. , para- graph B.. of the zoning by-laws. ' Hours of operation for the store and self-service gas station will be from 7:00 a.m. to 11 :00 p.m. , seven days a week. Mr. .Royden Richardson spoke in favor of the petition along with Francis Bearse who felt this use would be an improvement to the neighborhood. Rene Adams said that he did not object to the petition or change but he was concerned that if gravel is used on the driveway it would create objectionable noise when driven over by the patrons of this proposed retail use. Mr. Adams also asked that the existing trees to the rear of the property be retained in their natural state so that they will provide a buffer between the commercial use and the abutting residential use. Mr. Hostetter explained that he intended to construct the driveway into and around the building, of asphalt, but that he intended to use stone dust in the parking areas because of its aesthetic value. No one spoke in objection to the petition and the Board took the matter under advisement. The Board found that the petitioner seeks a change of a legally existing non-conforming (continued) n I, r uNE _-.. Od!!�_ ._._.._.�____..._.f ss_,?', Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty-one (21) days have elapsed since the hoard of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. 77 Signed and Sealed this __..7.__.......... day of n y. . ....--- 19 . udder the pains and. penalties of perjury. Distribution:— Property Owner .............................. _..._.._._...._..._..__........_._._... ....._........_.._... ..__......_.... Town Clerk Board of Appeals Applicant Town of le Persons interested Buildirl... Jnspaetor P,Uhlic lnt:.�rmatioir l i v ............... .. . Board of Al,l;eal, clmirn�ari BOARD OF APPEALS .i 7AB37TA2L i �t0 tlAl p' Appeal No. 1981-.13 Page 3 of 3 use consisting of a gas station, apartments and storage rental to a use not sub- stantially more detrimental to the neighborhood than the existing use and in keeping with the spirit and intent of the zoning bylaws by special permit under Sec. P. (6) of the townts zoning by-laws.. The Board found that the proposed change of use would be less detrimental than .an intensif[cation .of the existing gas station and repair use over whech the Board would have no control and the petitioner will substantially upgrade this building so that tts architectural style will be in keeping with the residential ne.tghborhood in which it is located. to addition , a country store along with the sale of gasolene wtll provtde a needed amenity to the nei-ghborhood., The Board voted unanimously to grant the petitioner a special permit subject to the followi'ng restrictions: 1 , Renovation of the exesting building shall be en accordance With the plans submitted and r-Ited as follows: Adams Country Place - Prepared for Daniel Hostetter, Centerville, Mass, by R.L. Seaberg Assoc. , tnc. Norwell , Mass, dated 3/3/81 ." 2. The exesting vegetation to the rear of the butldi'ng shall remain as a buffer between the commercial use and the abutting residential use. 3• The driveway around the exi:sti.ng bui:ldi.ng shall be constructed Of asphalt paving and the parking areas may-be constructed. of stone dust or other suitable perveous materi'al . 4. The areas around the store shall be landscaped as shown, on the plan cited under restriction #1 and in no areas shall asphalt paving directly abut the building. 5. Hours of operation shall be limited to 7:00 a.m. to 11 :00 p.m. , seven days a week. e , EXHIBIT 2 A U COPY ATTEST rl 7- A ':Fi t, ZONING BY-LAWS ' P��fTHETp� B>H34TABL$ i ape,i6g9 . `db 'EC MAY M' MAY 1982 TOWN OF BARNSTABLE MASSACHUSETTS i PRINTED ON CAPE COD AT THE PATRIOT PRESS,HYANNIS,MASS. o Article III, Chapter III Zoning By-Laws A. PURPOSE 1. The purpose of these by-laws is to promote the health, safety, convenience, morals and/or general welfare of the Inhabitants of the Town of Barnstable, to protect and conserve the value of the property within the town, to increase the amenities of the town, and to secure safety from seasonal or periodic flooding, fire, congestion or confusion, all in accord with the General Laws, Tercentenary=Edition of the Commonwealth of Massachusetts, Chapter 40A, Sections one (1) to twenty-two (22), or amendments thereto. For this purpose, the height, number of stories, size of buildings and structures, size and width of lots, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the loca- tion and use of buildings, structures and land for trade, marine business, industry, agriculture, residence or other purpc )are regulated within the Town of Barnstable as hereinafter provide8' B. ESTABLISHMENT OF DISTRICTS 1. The.Town of Barnstable is hereby divided as shown on a map entitled"ZONING MAP OF BARNSTABLE, MASS.DATED Feb.3, 1969", as revised at the March 3, 1970 annual town meeting, as revised at the March 27, .1971 annual town meeting, as revised at the August 31, 1971 special.town meeting, as revised at the March 25, 1972 annual town meeting, as revised at the March 24, 1973 annual town meeting, as revised at the March 23, 1974 annual town meeting, as revised at the July 30, 1974 special town meeting,as revised at the December 18,1974 special town meeting, as revised at the April 2, 1975 annual town meeting, as revised at the November 5, 1977 annual.town meeting, as revised at the November 4, 1978 annual town meeting, as revised at the May 5, 1979 annual town.meeting, as revised at the January 21, 1982 special town meeting and on file with the Town Clerk into the following districts. Residence B Business A Residence B-1 Business Limited B Residence C Business Limited C Residence C-1 Marine Business A Residence C-2 Marine Business B Residence D Village Business A Residence D-1 Village Business B Residence F Highway Business Residence F-1 Urban Business Residence F-2 Industrial Residence G Service and Distribution Business Professional Residential Residence A and Residence Al deleted by 1973 An 1390 approved by'the Atty.Gen.June 15,1973. Residence C-2 added by 19749 July 30,Sp.12,approved by the Atty.Gen.Sept.5,1974. Residence B-1 added by 1977,An 25,approved by the Atty.Gen.Jan;12,1978.Residence F-2 added by 19779 An 36,approved.by the Atty.Gen.Jan.12,1978. Residence G added,Residence D-2,Residence D-3,Residence E,Residence E4 and Business Limited A deleted by 1979 An.9,approved by Atty.Gen.Feb.26,1980. Page 3 V 1 I f D: DISTRICT BOUNDARIES 1. The district boundaries shall be as shown on the Zoning Map The scale of the map and the figures entered thereon are to serve a guides. 2. Where the boundary line divides any lot existing at the timt such line is adopted, which has street frontage in the less restricte( area, a use authorized on.the less restricted portion of such lot may bi extended into the more restricted portion for a distance of not mor, than thirty(30) feet. 3. Where a street divides two zoning districts, the districts shall • be deemed to abut each other. Paragraph 3 added by 1973 An 157,approved by the Atty.Gen.June 15,1973. E. UNRESTRICTED USES 1. The following uses are permitted in all districts. a. Church or other religious purposes. b. Educational use, which is religious, denominatioived, sec tartan or public. c. Municipal, municipal recreation or water supply use. d. Agricultural, horticultural, or floricultural use, includinj farms for the growing of fruits, vegetables and other produce, and th4 maintenance of a greenhouse or nursery. Sale of the produce grown di the premises is.permitted. Prior sub-paragraph(c)deleted and sab-paragraphs(c)and(d)redesignated by 1970 An 99,approve. by Atty.Gen.Jone 19,19". Sub-paragraph d.amended by 1977 An 21,approved by the Atty.Gen.Jan.12,1978,by adding"hot ticultural,or floricultural'. F. PROHIBITED.USES A. Trailers. 1. Parking, storing or occupying trailers for living or business pur poses is prohibited in all zoning districts of the town subject to tht following exceptions: a. Storage in a garage or other accessory building or storage o1 the rear half of a lot owned:or occupied by the owner of the trailer Location of trailer must comply with yard requirements of t1D ninf district. - b. A permit may be obtained from the Building Inspector by thi owner of land for occupancy of one (1) trailer for living purposes b; non-paying guests for.a period not exceeding twenty (20) days in an, calendar year. c. A trailer may be occupied as a temporary construction office only, incidental {o construction on, or development of, premises o1 which the trailer it.-located under a temporary permit from the Building Inspector. Sub-paragraph(c)amended by 1%9 October 23,Sp.20,approved by the Atty.Gen.Dec.17,196! B. Tents 1. Maintaining or occupying a tent for living or business purposes i; prohibited in all zoning districts of the town. C. Noxious or Offensive Uses. 1. Uses which are injurious, noxious or offensive by reason of th4 Page 5 (d) This section shall not be deemed to further extend any residential use, and conforms except as to area, frontage, width and period during which signs rendered non-conforming by the provisions depth with the applicable provisions of the zoning ordinance or by-law of earlier by-laws may be maintained. in effect in the town and (b)any proposed structure is to be located on 10. Fees such lot so as to conform with the minimum requirements of front,side Thgre shall be a charge of$2.50 per sign permit.Each sign shall have and rear setbacks,if any,in effect at the time of'such recording or such affixed a Town of Barnstable seal as an approved sign. endorsement, whichever is earlier, and to all other requirements for 11. Appeals such structure in effect at the time of building. Any individual aggrieved by a decision of the sign officer may appeal Paragraph E added by 1977 An 21,approved by the Atty.Gen.Jan.12,1978. to the Town of Barnstable Zoning Board of Appeals,as provided under H. ACCESSORY USES Chapter 40A of the General Laws. - 1. Accessory buildings or uses including the keeping, stabling, and 12. Penalties maintenance of horses as specified in Section I located on the same lot Whoever violates any provisions of this section or any lawful order of as the building to'which it is accessory and customarily incidental to the sign officer shall be subject to a fine not exceeding$50.for each of- any of the uses permitted in a particular residence district and not fense. Each day such violation continues shall be construed as a detrimental to a residential neighborhood, shall be permitted in that separate offense. particular residence district. And to further instruct the Selectmen to petition the legislature for Paragraph 1 amended by adding"including the keeping, stabling,and maintenance&—rrises as whatever permissive legislation is needed in order to validate sections of specified in section r,1974 An 102,approved by the Atty.Gen.July 16,1974. the above proposed by-law. 2. Uses,whether.or not on the same parcel as activities permitted as a Prior section deleted,new section adopted 1979 An 15;approved by the Atty.Gen.Feb.26,1982. matter of right, accessory to activities permitted as a matter of right, V. FAMILY APARTMENTS ' which activities are necessary in connection with scientific research or A. Family apartments may be allowed in all zoning districts by a scientific development or related production, may be permitted upon special permit of the Board of Appeals in strict accordance with the the issuance of a special permit provided the granting authority finds following procedures and standards: that the proposed accessory use does,not substantially derogate from 1. INTENT the public good. . (a) The intent of this by-law shall be to allow one(1)additional Paragraph 2 added by 1977 An 21,approved by the Atty.Gen.Jan.12,1978. living unit, complete with kitchen and bath to supply a year-round I. USE REGULATIONS —REStDENCE DISTRICTS residence for a member or members of the property owners family, A. No building shall be erected or altered and no building or premises within the owners existing residential structure or attached thereto, or . shall be.used for any purpose in the following specified districts other to convert an existing building located on.the same lot on which the than provided for in this section or in Section P and the maximum property owner resides. height of any building shall be not more than two & one-half(21/2) (b) It is further the intent of this by-law to retain the existing stories, or thirty(30)feet from the ground level to the plate, whichever residential character of the area as near as possible to its present condi- is lesser. hon. Paragraph A amended by 1974 An 109,approved by the Atty.Gen.July 16,1974 by addbr nd.the (c) It is not the intent of this by-law to allow for a separate ad- maximum height of any building...whichever G lesser." - ditional building to be built on the existing lot. Prior Paragraphs A-1 and A-2 deleted by 197X An 128 and remaining paragraphs renumbered,op- 1972. (d) The family apartment shall contain not more than 50% of P.by the Gen:Aug.3, the square footage of the existing building to which it is being attached. 1. Residenticc e B. District. 2. DEFINITION a. Detached one family dwelling. For the purpose of this by-law the definition of a family member b. Renting rooms for not more thansix(6)lodgers by a family resi- dentshall be any person or persons who are related by blood or marriage to in the dwelling. the roe 2. Residence B-1 District. property.riY owner. a. Detached one family dwelling. 3. In,any district,the front yard, side yard, and rear line set back b. Renting of rooms for not more than six (6)lodg ers by a family requirements..of that district"shall apply. resident in the dwelling. 4., DENSITY c. Professional Offices, subject to the granting of a special permit It is the intent of the by-law to allow for"not more than two(2) by the Board of Appeals. family members.to reside in the family apartment at any one time. The Paragraph 2 added by An 1977 25, approved by the Atty. Gen.Jan. 12, 1979, and remaining property owner shall also reside on the same lot as the family apartment paragraphs renumbered• is located. d. Private, nonresidential parking areas in that section of this Page 34 Page 7 7. Accessory Signs b. Renting of rooms for not more than six(6)lodgers by a family [a] Residence Districts resident in the dwelling. In residence districts; only the following shall be permitted: 8. Residence F District. (i). one sign displaying the street number and/or name of a. Detached one family dwelling. the occupant not.to exceed two(2) square feet. Such sign may include b. Professional or home occupation use. See Paragraph 12 for identification of an accessory professional office or professional or definition. home occupation use; c. Renting of rooms for not more than'six(6)lodgers by a family (ii) one "for sale" or "for rent' sign not exceeding three resident in the dwelling. (3)square feet in area and advertising'only the premises on which it is Prior Paragraphs 8,9,10 and 11 deleted 1979 An 9,approved by Atty.Gen.Feb.26.1980 and remain located, such sign to be removed within thirty(30)days of the sale and Ing paragraphs numbered In proper sequence. within five (5) days of the rental of said premises; 9...Residence F1 District. (iii) one contractor's sign,.not to exceed six(6)square feet . a. Detached one family dwelling. maintained on the premises during construction, such sign to be 10. Residence F2 District. removed upon completion of the construction; a. 'Detached one family dwelling. (iv) one identification sign not exceeding twelve (12) b. Renting of rooms for not more than six(6)lodgers b3 Emily square feet in area at any public entrance to a subdivision or multi- resident in the dwelling. family development; and Paragraph 10 added by 1977 An.36&37,approved by Atty.Gen.Jan.12, 1978,and remaluini (v) where a legal, non-conforming business use exists paragraphs renumbered In proper sequence. within a residence district, a sign which, in the discretion of the Sign 11. Residence G'District. ,Officer, is in keeping with the general intent of this by-law and the ap- a. Detached one family dwelling. pearance, placement and size will not be detrimental to the general Paragraph 11 added by 1979 An.7,approved by Atty.Gen.June 20,1979,and remaining paragraphs area. In no case shall such sign exceed fifty (50) percent of the.area renumbered In proper sequence• limitations for similar signs in business districts.. 12. The Term "Professional or home occupation use" as used in [b] Professional Residential Districts Paragraphs 4 and 8 above shall be limited as follows: One accessory sign giving the name of the occupant or other. a. No more than one nonresident shall be employed therein. identification of. a use permitted in professional residential districts b.. The use of the dwelling unit for the home occupation shall be may be permitted. Such signs shall be no more than twenty-four (24) clearly incidental and subordinate to its use for residential purposes by square feet in area and shall not extend more-than ten(10)feet above its occupants, and not more than 400 square feet of the.dwelling unit the .round shall be used in the conduct of the home occupation. g d. There shall be no change in the outside appearance of the [c] Non-residence Districts building or premises or other visible evidence of the conduct of such In business, .limited basilicas, industrial, highway, village home occupation otherlthan one(1).sign, not exceeding two(2).square business, urban business, service and distribution business, marine feet in area, non-illuminated, and mounted flat against the w, `f the business districts, no more than two (2) primary exterior signs per ri , pncipal building, carrying only the occupant s name and his a'Tccupa- business, which in the business district only, may make use of gaseous lion discharge (neon)tubing, shall be permitted, subject to the following: e. The buildings or premises occupied shall not be rendered ob- (i) Attached Signs. jectionable or . detrimental to the residential character of the Attached signs shall be firmly secured to the wall or facade neighborhood due to the use, exterior appearance, emission of odor, of a building. Roof signs shall not project over the ridge of a building. gas, smoke, dust, noise, electrical disturbdnce, or in any other way. The maximum area of an attached sign shall be the lesser f. No traffic shall be generated by such home occupation in of one hundred (100) square feet or ten(10)percent of the area of the greater volumes than would normally .be expected in a residential wall upon which the sign is located. For the purposes of this paragraph neighborhood; and any need.for parking generated by the conduct of the word "wall'shall mean the exterior covering limited to the floor of such home occupation shall be met off the street and other than in a re- the building on which"the sign is located. quired front yard. Each business shall be permitted one(1)attached sign.per g. The above use shall be subject to the granting of a Special Per- side for each business building provided that where more than .one mit by the Board of Appeals. public entrance exists to a business,there may be one additional secon- Prior sub-paragraph deleted,new sub-paragraph 12 inserted by 19V7 An 30,approved by Atty.Gen. dary sign for each entrance..The aggregate area of all such secondary . Jan.12,1978. -�—� Page 32 Page 9 e) Covenants or other documents satisfactory to the J. INTENSITY REGULATIONS — RESIDENCE DISTRICTS Planning Board to insure the open space will remain'open and not built A. In any residence district all buildings, except one (1) story upon. buildings of accessory use, hereafter erected, altered or enlarged, shall (d) Building Permit — The developer shall submit to the be located on a lot having not less than the minimum requirements foi Building Inspector, prior to any construction, an application for a size and width of lot, and all buildings shall comply with the re- building permit accompanied by an approved subdivision plan and quirements for set back, side and rear yard, all as set forth in the land use plan. following table. Prior Section T,deleted and.new Section T inserted by 1974,July 30,Sp.13,approved by the Atty. Gen.September 5,1974. B. In any Residence District a one (1) family dwelling and its ac. cessory buildings may be erected on any lot which complies with the ap- U. SIGNBOARDS plicable provisions of Chapter 40A of the General Laws. 1. Purposes, Prohibition Paragraph B amended by 1971 August 31,.Sp.22,approved by the Atty.Gen.March 2,1972.. This section is adopted for the regulation and restriction of C. In order to comply with the minimum square foot requirement, a billboards, signs and other advertising devices within the town on lot must be a closed plot of land having a definite area and perimetet public ways or on private property within view of a public way or public and having a shape number not exceeding the numerical vale f 22 park in order to protect and enhance the visual environment of the except that a lot may have a shape number larger than 22 proV, that town and the safety, convenience and welfare of its residents. Signs the site intended for building is contained within a portion of said lot, which are erected or otherwise created without a permit from the sign which said portion meets the zoning requirements of the area in which'I officer,as herein provided,or are maintained except in conformity with it is located and has a shape number not exceeding 22. The shape this section are prohibited. number shall be the number resulting from the division of the square of'. 2. Enforcement the perimeter by the area of the lot or said portion thereof. Seventy(70) The Building Inspector of the Town of Barnstable is hereby percent of the required.zoning area of such lot shall be contiguous designated as the sign officer. upland. Lots which comply with the preceding requirements shall not The sign officer and his duly authorized agents shall enforce the be created to a depth greater than two(2)lots from the principal way. provisionS of this section as set forth by statute. Paragraph C added by 1971 An 132,approved by the Atty.Gen.June 22,1971. Upon failure to comply within fourteen (14) days after written Paragraph C amended by adding"70 percent of the required zoning area of such lot shall be upland„ 1973_An 1560 approved by the Atty.Gen.Jane 15,1973. notice from the sign officer to repair or remove any sign which in his Paragraph C amended by adding the word«contiguous»1974 An 100,approved by the Atty.Gen.July judgment is, or is.likely to become, dangerous, unsafe or Jn disrepair., 16,1974. or which does not comply with this by-law, the.sign officer shall have Paragraph C amended by deleting old last sentence and adding new last sentence,Jan.21,1982,Sp.2, the power to repair or remove, or cause to be repaired or removed,said °PPrond by Atty.Gen.May 20,1982. signs. All expenses incurred by the sign officer in effecting such repair D. In a residence district all buildings except boathouses (buildings or removal shall be assessed against any person failing to comply with used solely for the storage of boats and related equipment)shall be set such notice according to the general laws. back a minimum of 50 feet from Mean High Water,on any Grea*pond. 3. Definitions Paragraph D added by 1978 Fail An 13,approved by the Atty.Gen.Feb.6,1979. _ For the purpose of this section, the following words shall have E. All lots shall have the minimum frontage set forth in Appendix A the following meanings. except that the Planning Board may in the case of original subdivision "Sign", any permanent or temporary structure, device, letter, approval where such action is in the public interest and not inconsistent word, model, banner, pennant, insignia, trade flag, or representation with the intent and purpose of the Subdivision Control Law waive strict used as, or which is in the nature of, an advertisement, announcement, compliance with said frontage to a minimum of twenty(20) feet. or direction,or is designed to attract the eye by intermittent or repeated Paragraph E added 1979 An 1,approved by the Atty.Gen.Feb.26,1980. motion of illumination,including without limitation,any sign so placed ` within a structure as to be visible from the exterior through doors,win- APPENDIX A dows or other openings. Rout Yard Side Rear "Accessory,Sign,"any signor device of similar intent that adver- � Fro fie Width Ft. In feet . in In tises,calls attention to, or indicates the person occupying the premises RESIDENCE B 10,000 20 106 20 10 10 on.which the sign is erected of maintained; or the business transacted RESIDENCE B-1 10,000 - 20 100 20 10 10 thereon, or.advertises the property or any part thereof as for sale or RESIDENCE C 15,000 20 100 20 10 10 rent, and which contains no other matter. RESIDENCE C-1 15,000 125 30 15 15 Page 30 Page 11 hearing thereon which shall be held within fourteen days of the notice. 2. Business District A. At such hearing the Town of Barnstable may modify the terms of the a. The same uses as permitted in the Business District, exce original notice as to the deficiencies and may give an extension of time that hotels and motels are excluded. within which they shall be cured. if the deficiencies set forth in the Prior sub-paragraph 3 deleted by 1973 An 151,and remaining paragraphs renumbered in proper original notice or in the modifications thereof not be cured within said quence,approved by the Atty.Gen.Jane 15,1973. thirty days or any extension thereof,the Town of Barnstable in order to 3. Business Limited'Distriet B. preserve the taxable.values of the properties within the open space a. Motel, hotel or lodging house. residential development and to prevent the open space from becoming b. Building, sale, rental, storage and repair of boats. a public nuisance, may enter upon said open space and maintain the c. Retail sale of marine fishing and boating supplies.. same for a period of one year. Said entry and maintenance shall not d. Retail sale of fishing bait, fish and shellfish. e. Operation of a commercial fishing business excluding ca vest in the public any rights to use the open space except when the same ning or processing of fish. is voluntarily dedicated to the public by the owners. Before the expira- f. Restaurants. tion of said year, the Town of Barnstable, shall upon its initiative or g. Retail stores. upon the request of the organization theretofore responsible for the h. Operation of charter fishing and marine sightseeing and i maintenance of the open space, call a public hearing upon notice to such organization, or to the residents of the open space residential cursi . facilities. a development, to be held by the Town of Barnstable Planning Board, at a. ia f. required a connect to the Town sewer system a subj� to Special Permit under Section P. which hearing such organization, or the residents of the open space Prior paragraph deleted and new paragraph added by 1978 Fall An 16,approved by Atty.Gen.Fel residential development shall show cause why such.maintenance by the 1979. Town of Barnstable shall not,at the election of the Town of Barnstable,. 4. Business Limited District C. continue for a succeeding year. If the Planning Board of the Town of a. Professional or home occupation use. See Section I i Barnstable shall determine that such organization is ready and able to definition. maintain said open space in reasonable conditions, the Town of Barn- b. Small retail businesses common to a residence district: stable shall cease to maintain said ofen space at the end of-said year.If c. Detached one family dwelling. the Planning Board of the Town of Barnstable shall determine such d. a. and b. above subject to the grant of a special pern organization is not ready and able to maintain said open space in a under Section P. reasonable condition, the Town of Barnstable may, in its discretion, Sub-paragraph(e)added by 1970 An 109,approved by the Atty.Gen.Jane 19,1970. Sub-paragraph(d)inserted by ran.21,1982 Sp.9,approved by the Atty.Gen.May 20,1982. continue to maintain said open space during the next succeeding year and subject to a similar hearing and determination, if'.each year S. Marine Business District , s thereafter. The decision of the Planning Board of the 'Town of Barn- a. Building, sale, rental, storage and repair of boats. b. Retail sale of marine fishing and boating supplies. stable in any such case shall constitute a final.administrative decision 6 subject to review in accordance with any applicable statute of the Co - . Marine Business District BCoin- a. Building, sale, rental, storage and repair of boa+- monwealth of Massachusetts. The cost of such maintenance by the Town of Barnstable shall be b. Retail sale of marine fishing and boating suppl pro rata against the properties within the.open space residen- C. Retail sale of fishing bait, fish and shellfish. assessed p d Operation of a commercial fishing business excluding co O p g g tial development that have a right of enjoyment of the open space such mercial canning or processing of fish. 7 assessment shall become a lien on said properties. The Town of Barn- . Village Business Districts A & B. stable, at the time of entering upon the open space for the purpose of a. Detached one family dwelling. maintenance, shall file a notice of such entry with the Town Clerk and Prior sob-paragraph(a)deleted and the wards"Detached one family dwelling"inserted them at the principal office of the corporation;,trust or association owning 1973 An 141,approved by the Atty.Gen.June 15,1973. the open space which notice shall contain a statement that the in- b. Retail store,professional or business offices,bank,perso: dividual owners within the open space residential development may service store or shop: become subject to an assessment and lien for their pro rata share of the 8. Highway Business District: . total cost of the maintenance. a. Same uses specified in a Business District. 7. Preliminary Planning Board.Review 9. Urban Business District. (a) The developer shall present the following plans for a. Same uses specified in a Business District. Except that preliminary review by the Planning board at which time the intent and Osterville Urban Business District, Hotels and Motels are exclude( Page 28 Page 13 (d) All off street parking spaces in excess of 1,000 square feet B. In an Urban Business District or in a Highway Business Distrii shall be screened on each side, adjoining residential premises, except each lot shall have a green strip ten (10) feet in width along each si that such screening shall not be required where the parking area is abutting on an existing roadway, on which grass,bushes,flowers,trt. already screened from the residential premises by a natural terrain or a combination thereof, shall be maintained. feature. Such screening shall be a solid wall or fence, not less than five C. In an Industrial District a buffer strip with a minimum depth II, (5)feet in height. In lieu of such fence, a compact evergreen hedge of thirty(30)feet at the rear and at the side site lines and a buffer strip not less than three(3)feet in height at time of original planting may be fifty (50) feet at the front site line shall be maintained in existi used. The fence,wall and/or hedge shall be maintained in good condi- ground cover and trees or shall be replanted with native trees, shru tion and no advertising shall be placed thereon. The screening shall be and grasses which do not require continued nurturing and watering. designed so that vehicle sight distance shall not be affected at en- maximum of two(2) driveways, each no more than fifty(50)feet wk trances, exits, or at street intersections. shall be allowed for ingress and egress. This section added by 19"An 105,approved by the Atty.Gen.Jane 19,1970. Paragraph(C)deleted by 1972 An 123,approved by the Atty.Gen.Aug.3,1972. New Paragraph C Inserted by Jan.22,1982 Sp.18.Approved by Atty.Gen.May 20,1982. T. OPEN SPACE RESIDENTIAL DEVELOPMENT— D. In a Business Limited C District the use shall retain the essent: A. An Open Space Residential Development maybe allowed in those residential character of the contiguous residential district - ' ludi zoning districts where permitted by a Special Permit of the Board of minimum lot size and setback requirements. - Appeals in strict accordance with the following procedures and stan- E. In a Village Business B District, each lot shall have a green stt dards: fifteen(15)feet in width on each side, and along each side abutting 1. Site Eligibility— any parcel of land located in a zoning district existing roadway, on which, grass, bushes, flowers, trees, or a cor permitting open space residential development and which will accom- bination thereof shall be maintained.Where the lot abuts a residents modate at least 40 dwelling units under the provisions of this by-law, ly zoned area, screening consisting of compact evergreen hedge 2. Density,—the total number of dwelling units allowed within.an equivalent obscuring natural vegetation of not less than (3) feet open space residential developmentrshall be determined.by multiplying height at the time of original planting shall be provided and inaintaint the total upland square foot area of the parcel of land by 80% and in good condition and no advertising shall be placed thereon. dividing this product by the minimum lot size required within the Paragraph E added by 1974 An 105,approved by the Atty.Gen.July 16,1974. underlying zoning district. F. In a non-residence district all construction shall be set back 3. Permitted Uses — only the following with their customary ac- minimum of 50 feet from mean high water mark on any Great Pon, cessory structures may be permitted: single family detached structures. Paragraph F added by 1978 Fail An 14,approved by Atty.Gen.Feb.6,1979. A community building and recreation facilities for the exclusive use of APPENDIX B —INTENSITY REGULATION residents of the open space residential development and their guests d � would be considered customary accessory uses within this section of the by-law. 5 g m s, 4. Any single family residential building lot within an open space y y w y y �.ell residential development may be reduced by 50%from the minimum lot BUSINESS N/A N/A l0 20(1) N/A `-,da N, size required within the underlying zoning district.providing the re- BUSINESS.A. N/A N/A 20 20 N/A N/A 35 maining land is committed to permanent open space in accordance Rebiseton of old Business A category,new Business A category Inserted by Jan.21,1982 Sp.14.A with sub-paragraph 6 of this by-law. proved by Atty.Gen.May 20,1982.BUSINESS LIMITED B 7,500 75 20 20 71/2 71/2 5. Yard Space Requirements BUSINESS LIMITED C 20,000 125 20 30 15 is (a) No family single am or accessory,use structure sal be built. MARINE BUSINESS A — — 20 — — — g y shall MARINE BUSINESS B 7,500 75 20 10 30(2) 30 closer to the street line, sideline, or rear line than the minimum re- HIGHWAY BUSINESS 40,000 160 20 60 30(2) 20 30 quirement of the underlying zoning district. VILLAGE BUSINESS A 10,000 100 20 10 30(2) 20 (b) The minimum lot width in any open space residential VILLAGE BUSINESS B 43,560 — 160 40 30 30 25Prior specified regulations for a Village Business District B deleted and the above regulations insert development shall be 75 feet: therein by 1974 An 104,approved by the Atty.Gen.July 16,1974. (C) A buffer Strip Of land equal In width t0 the front yard re- URBAN BUSINESS 20 20(3) —(3) —(3) 35- SERVICE&DISTRIBUTION 43,560 160 20 60 25 40 25, quirement of the underlying zoning district shall be created around the INDUSTRIAL 90,000 200 20 60 30 30 25' entire perimeter of the tract, the buffer strip shall be unbroken except Prior specified regulations for an Industrial District deleted and the above regulations Inserted there, for access roads.The buffer stripshall be considered art.of the erma- by 1973 An 136,approved by the Atty.Gen.June 15,1973. P P PROFESSIONAL RESIDENTIAL 7,500 — 75 20 71h 71/2 251 nent open space. Professional residential added by 1970 An 105,approved by the Atty.Gen.Jane 19,19". Frontage In feet'1201f added by Jan.21,1982 Sp.4,approved by Atty.Gen.May 20,1982. Page 26 Page 15 e following: G. No living units will be allowed to be constructed or used - (a) Whether or not the petition falls within the category below ground level. ecifically excepted by the zoning by-law. Rechslon of old Section M,new Section M inserted by Jan.21,1982,Sp.16.Approved by Atty.Gen. (b) An evaluation of all the evidence presented at the hearing MY 20,1982. the petitioner and interested parties,as it relates to the fulfillment of N. SPECIAL REGULATIONS — MOTELS AND/OR HOTELS e spirit and intent of the by-law without substantial detriment to the 1. Motels and/or hotels wherever permitted under the zoning by- lblic good or the neighborhood affected. laws may be built only in accordance with thin following requirements: 4. Construction or operations under a building or special permit +• a. For each lot upon which a motel and/or hotel is to be .all conform to any subsequent amendment of the ordinance or by-law erected,there shall be a minimum frontage of one hundred twenty-five iless the use or construction is commenced within of period-of not (125)feet and a minimum of twenty-five hundred(2500)square feet of ore than six months after the issuance of the permit and in cases in- lot area for each of the first ten(10)motel and/or hotel units. For each riving construction, unless such construction is continued through to motel and/or hotel unit in excess of ten(10)motel and/or hotel units, ,mpletion as continuously and expeditiously as is reasonable. there shall be provided two hundrt;d fifty(250) square feet of lot area. ragraph 4 added by 1977 An 21,approved by the Atty.Gen.Jan.12,1978,and previous Paragraph b. No motel and/or hotel or addition to a motel and/or hotel :e-numbered:paragraph 5 and"or in fun use under said permit.*ached. shall be erected or placed on a.lot.which will result in the covering by all S. A Special Permit shall become void within twelve (12) months buildings of more than thirty(30)percent of the gross land area of t' " om the date of issue unless any construction work contemplated lot or combination of lots. .ereby shall commence and proceed in good faith continuously to c. The maximum height of any motel and/or hotel shall be not impletion, or, if no construction work is contemplated by the permit, more than two (2) stories or thirty (30) feet from ground level to the .e premises shall be open for business or in full use under said permit. plate whichever is lesser. ADMINISTRATION The words`from®round level to the plate whichever is lesser"added by 1974 An 107,approved by the Atty.Gen.July 16,1974. 1. Enforcement. d. In addition to one off-street parking space.for each motel (a) This by-law shall be enforced by the Building Inspector. and/or hotel unit, there shall be two(2)additional spaces for each ten or any violation of this by-law,the Building Inspector may,where the (1Q) motel and/or hotel units o ruction thereof. tuation requires, cause a criminal complaint to issue from the First e. For each lot upon whi a motel and/or hotel is erected, tistrict Court of Barnstable or may institute proceedings in Superior there shall be provided a front yard or setback distance of not less than ourt to enjoin the construction, alteration, enlargement, reconstrtic- thirty (30) feet. The building shall be placed on the lot so there is a on or use of any building or the use of any premises in violation here- minimum total side yard of thirty(30)feet which may be divided at the f, or further may institute proceedings to enjoin the construction, discretion of the owner,but in no case less than ten(10)feet on any one Iteration, enlargement or reconstruction of any building which would side, and a rear yard of not less than twenty(20)feet.No other uses are ;salt in a use in violation hereof. permitted in these yard areas except that of a driveway in the front (b) The use of one of the above remedies shall not preclude the yard. All yard areas shall be appropriately landscaped and adequately se of the other remedy for the same violation or a continuing violation. maintained. (c) The Building Inspector may require any plans, documents f. A site plan for each proposed motel and/or hotel or addii : r sworn-statements to be filed with his office to verify the intended use thereto, shall be submitted to the Building Inspector with the request f building or premises. for a building permit.Said site plan shall`show,'among other things,all (d) Anyone convicted of a violation under this by-law shall be existing and proposed buildings, structures, parking spaces, driveway ned not more than Fifty($50.00) Dollars for each offense. Each day openings,driveways,service areas,and other open uses,all facilities for sat such violation continues shall constitute a separate offense. water drainage, all landscape features (such as fences,walls, planting ub-parugeaph 1.(d)amended to my(550.00)Dollars and"Each day that web violation continues areas and walks)on the lot. hap constitute a separate offense."added by 19"An 24,approved by Any.Gen.Jan.12,197& (e) A performance bond of not less than$4.00 per foot of front- O. FLOOD AREA PROVISIONS ge against possible costs due to erosion or damage within passable A. Permits for new construction, alteration of structures, or other treet rights-of-way shall be required by the Building Inspector prior to development (any man-made change to improved or unimproved real uthorization of any new building, and a bond or cash security may be estate, including but not limited to buildings or other structures, min- equired by the Building Inspectoi for other construction,such bond or ing, dredging, filling, grading, paving, excavation or drilling opera- tions), at or.below the Base Flood Elevation as specified with the A. & nit is granted. Prior to the proceeding with construction above the V. zones, as determined by the Flood Insurance Study and as Page 24 Page 17 ►m the Massachusetts Division of Medical Care, Department of quately anchored pilings or columns in order to withstand'velocity' iblic Health. waters and hurricane wave wash.The following shall be prohibited with �6) The use shall specifically exclude hospitals, sanitoriums, a. Any man-made alteration of sand dunes and salt marshes nvalescent homes or detached infirmaries or,clinics. which might increase the potential for flood damage. , (7) Plans required: b. Use of fill. (a) Perimeter survey showing.entire tract ownership as c. Mobile homes. 11 as abutting owners, and any existing ways or easements. 8. The Zoning Board of Appeals may authorize exceptions from (b) A topographic plan of the entire site at five (5) foot j flood regulations by Special Permit within the flood areas in accor- atour intervals showing all existing structure locations as well as dance with Section Q, as in any other zoning district within the Town of ;etative cover masses. This plan shall be prepared by a registered Barnstable, and may grant Special Permit from these requirements in 1d surveyor by means of an on-site survey or by an approved aerial Y the case of new structures or substantial improvement to be erected on .otographic method. a lot contiguous to and surrounded by lots with existing structures and (c) Sketch plan of the proposed development showing the constructed below the base flood elevation, provided the following are .lowing: met: 1) Density and disbursement of structures over the a. A showing of good and sufficient cause. rcel. b. A determination that failure to grant the Special Perr' 2) Vehicular and pedestrian circulation patterns, would result in exceptional hardship to the applicant. `11) adways and parking locations. c. A determination that the Special Permit will not result in in- 3) Pertinent vegetation and soil and water condi- creased flood heights, additional threats to public safety, or environ- ►ns. ment, extraordinary public expense, or any conflict with requirements 4) Proposed utility systems. in accordance with Chapter 40A, of the Massachusetts General Laws,. (d) Sketches or rendering depicting the architectural and aracter of any proposed structure. d. The Zoning Board of Appeals has notified the applicant for b-paragraph added by 1974 July 30,Sp.12,approved by the Atty.Gen.September S,1974. the Special Permit, in writing, that the actuarial rates will increase as 23. Permits for signs as set forth in Section U. the first floor elevation decrease , and that such construction below b-paragraph added by 1974,Dee.18,Sp.2,approved.by the Atty.Gen.Dec.23,1974. base flood elevation level increaseisks to life and property. 24. In a Residence B-1 District, professional offices must meet the e. Favorable recommendation from the Board.of Health on all loowing criteria: structures requiring sewerage disposal and/or water supply. (1) Professional offices shall be limited to use by two principal 9. Upon the granting of such a Special Permit or permits, from -ofessional occupants and their customary clerical or other assistants. Section Q, the Zoning Board of Appeals, shall maintain a record of all (2) Any new construction or remodeling of existing structures such special permits granted by the Board, including justification for tall be in keeping with the existing residential character of the area. their issuance, and report such special permits in its annual report to (3) Adequate off street parking shall be provided in com- the Flood Insurance Administrator.in accordance with the Department iance with Section S Paragraphs (b) & (d) of the Zoning by-law, of Housing and Urban Development Guidelines. lb-paragraph added by 1977 An 25,approved by the Atty.Gen.Jan.12,1978. 10. The Zoning Board of Appeals may grant a Special Permit for w:;v-' 25. Family Apartments as set forth in Section V. reconstruction, rehabilitation or restoration of structures listed on the 1b.paragraph added 1977 An 28,approved by Atty.Gen.Jan.12,1978. National Register of Historic Places or the State Inventory of Historic 26. A private non residential parking.area in accordance with the Places or the Old Ding's Highway Regional Historic District, without andards and requirements of Section I, Paragraph A-1 (C). regard to the procedures set forth in Section 7 above. ib-paragraph added by 1977 An 32,approved by Atty.Gen.Jan.12,1978. 11. Where these flood area provisions impose greater or.lesser 27. In an Industrial District or a Service and Distribution District, a restrictions or.requirements than those of other applicable by-laws or :nnel, as defined in general laws Chapter 140, section 136A, or other regulations, the more restrictive shall apply. milar facility for the breeding, boarding, sale or training and related 12. The invalidity of any section or provision of this by-law shall not eatment, of common domestic pets, the Board may impose invalidate any other section or provision hereof. :asonable. conditions, including without limitation, measures for prior Section o deleted,New Section o Inserted by 1977 An 73,approved by Atty.Gen.Jan.12,1978. :curity and the reduction.or containment of noise,in such permit so as ►render the use as inoffensive as practicable. P. SPECIAL EXCEPTIONS "graph added Nov.1980 An.4.Approved by Atty.Gen.Feb.27,1981. A. The Board of Appeals may grant a special permit for the following Page 22 Page 19 EXHIBIT 3 §240-87 ZONING §240-91 is authorized to remove or repair the sign, all costs of which shall be assessed to the permit holder or property owner, including an administrative fee of$50. If public safety is involved, the Building Commissioner may take immediate action. § 240-88. Appeals. Any individual aggrieved by a decision of the Building Commissioner may appeal to the Barnstable Board of Appeals, as provided under Chapter 40A of the General Laws. § 240-89. Enforcement. [Amended 10-17-20021 A. The provisions of these regulations shall be enforced by the Building Commissioner. B. Citations, as specified in §240-85 may be issued by the Building Commissioner. ARTICLE VIII Nonconformities [Amended 11-7-1987 by Art. 8; 11-2-1995 by Order No. 95-1981 §240-90. Intent. It is the intent of this section to protect property rights of owners of preexisting legally created nonconforming lots, uses and buildings or structures and to provide regulation of changes or expansion of preexisting nonconforming structures, building and uses. § 240-91. Nonconforming lot. A. Separate lot exemption. Any increase in area, frontage, width, yard or depth requirement of this chapter shall not apply to a lot for single- or two-family residential use which at the time of recording or endorsement: (1) Was not held in common ownership with any adjoining land; and (2) Had a minimum of 5,000 square feet of area and 50 feet of frontage or the minimum frontage requirement for the zoning district in which it is located; and (3) Conformed to the existing zoning if any when legally created; and (4) Was separately owned at the time of every zoning change which made it nonconforming. B. Common lot protection. (1) Any increase in the area, frontage, width, yard or depth requirement of this chapter shall not apply for a period of five years from the effective date of the change, to a lot for single- or two-family residential use that: 240:105 04-15-Zoos i §240-91 BARNSTABLE CODE §240-91 (a) Is held in common ownership with not more than two adjoining lots; and (b) Had a minimum of 7,500 square feet in area and 75 feet of frontage or the minimum frontage requirement for the zoning district in which it is located; and (c) . Was recorded or endorsed on a plan that conformed to zoning when legally created; and (d) Conformed to applicable zoning requirements as of January 1, 1976. C. The protection afforded by Subsection B shall become vested upon the sale or transfer of the lot so protected into ownership separate from that of adjoining lots or the building thereon of a residence. [Amended 1-20-2005 by Order No. 2005-0391 D. Approval-not-required plan protection. Any change in uses permitted under this chapter f shall not apply to any lot created by a plan endorsed by the Planning Board as a plan not requiring approval under the Subdivision Control Law for such period of three years from the date of endorsement, as provided by MGL Ch. 40A, § 6. E. Subdivision plan protection. Any change in this chapter shall not apply to land shown on a plan under the Subdivision Control Law by a duly submitted and endorsed definitive subdivision plan, or a preliminary plan followed within seven months by a definitive plan, for such period of eight years from the date of endorsement, as provided by MGL Ch. 40A, § 6. Any legally created lot with a recorded release from covenant of the Planning Board that has been sold or transferred into separate ownership and control from any adjoining lots within eight years from the endorsement of the original ,:.. subdivision plan shall be exempt from any dimensional or bulk zoning changes and shall E not lose its status as a single buildable lot under zoning. F. Merged lots. Except as otherwise provided herein, lawfully nonconforming lots that are adjoining and held in common ownership, or under the control of the same owner, shall be treated so as to conform so far as possible with the minimum area requirement of the zoning district in which they are located. No lot so merged, or portion thereof, may be changed or transferred in any manner that will increase the degree of nonconformity unless a special permit has first been obtained from the Zoning Board of Appeals. No such special permit may create any additional buildable lot(s). G. Resource Protection Overlay District. [Amended 10-26-20001 (1) Any increase in area, frontage, width, yard or depth requirements of the Resource Protection Overlay District shall not apply to a lot for single- or two-family residential use which immediately prior to November 16, 2000, either: (a) Conformed to the applicable bulk requirements of this chapter immediately prior to November 16, 2000: or (b) Immediately.prior to (on the effective date of this chapter,) was protected from the applicable bulk requirements of this subsection by the provisions of §240-91A, B, C, D, or E of this chapter. ,.. .l 240:106 04-15-2005 §240-91 ZONING §240-91 (2) This protection afforded by this subsection shall be permanent. H. Developed lot protection; demolition and rebuilding on nonconforming lots. Preexisting legal nonconforming lots which have been improved by the construction of a single- or two-family residence which conformed to all provisions of the zoning ordinance or bylaw at the time of construction shall be entitled to completely demolish the old residence and construct thereon a new residence in accordance with the following. [Added 11-18-2004 by Order No.2005-0251 (1) As of right. The proposed demolition and rebuilding shall be permitted as-of-right on a preexisting legal nonconforming lot that contains a minimum of 10,000 square feet of contiguous upland, provided that the Building Commissioner determines that all of the following criteria are met: (a) The proposed new structure conforms to all current use and setback requirements of the zoning district it is located in; (b) The proposed construction conforms to the following requirements of lot coverage, floor area ratio and building height: [1] Lot coverage by all buildings and all structures shall not exceed 20% or the existing lot coverage, whichever is greater; [2] The floor area ratio shall not exceed 0.30 or the existing floor area ratio of the structure being demolished and rebuilt, whichever is greater; and �,- [3] The building height, in feet, shall not exceed 30 feet to the late r highest- h and shall contain no more than 2 1/2 stories. The building height, in feet, shall be defined as the vertical distance from the average grade plane.to plate. (c) Further expansion of the rebuilt structure must conform to Subsection H(1)(b) above. (2) By special permit. If the proposed demolition and rebuilding cannot satisfy the criteria established in Subsection H(1) above, then the Zoning Board of Appeals may allow the demolition and rebuilding by special permit, provided that the Board finds that: (a) If the proposed new dwelling does not comply with Subsection H(1)(a) above, then the proposed yard setbacks must be equal to or greater than the yard setbacks of the existing building; and [Amended 2-17-2005 by Order No. 2005-058] (b) All the criteria in Subsection H(1)(b)[1], [2] and [3] above are met. (c) The proposed new dwelling would not be substantially more detrimental to the neighborhood than the existing dwelling. r._ 240:107 04-is-zoos §240-92 BARNSTABLE CODE §240-94 §240-92. Nonconforming buildings or structures used as single- and two-family residences. A preexisting nonconforming building or structure that is used as a single- or two-family residence may be physically altered or expanded only as follows: A. As of right. If the Building Commissioner finds that: (1) The proposed physical alteration or expansion does not in any way encroach into the setbacks in effect at the time of construction, provided that encroachments into a ten-foot rear or side yard setback and twenty-foot front yard setback shall be deemed to create an intensification requiring a special permit under Subsection B below; and (2) The proposed alteration or expansion conforms to the current height limitations of this chapter. B. By special permit. If the proposed alteration or expansion cannot satisfy the criteria established in Subsection A above, the Zoning Board of Appeals may allow the expansion by special permit, provided that the proposed alteration or expansion will not be substantially more detrimental to the neighborhood than the existing building or structure. §240-93. Nonconforming buildings or structures not used as single- or two-family dwellings. A. As of right. (1) The normal and customary repair and maintenance of a preexisting nonconforming building or structure not used as a single or two-family dwelling is permitted as of right. (2) The alteration and expansion of a'preexisting nonconforming building or structure, housing a conforming use, is permitted as of right, provided that the alteration or expansion does not increase or intensify the degree of the preexisting nonconformity of the building or structure, and that the alteration or expansion conforms in all other respects with all applicable requirements of this chapter. B. By special permit. Alterations or expansions in a preexisting nonconforming building or structure that do not meet the provisions of Subsection A shall be permitted only by a special permit from the Zoning Board of Appeals. In granting such special permit, the Board must find that the proposed repairs, alterations and/or expansion are not substantially more detrimental to the surrounding neighborhood. If the building or structure houses a nonconforming use, the provisions of§240-94 shall also apply. § 240-94. Nonconforming use. [Amended 3-11-1999 by Order No. 99-0561 A preexisting nonconforming use shall be limited in the extent it may expand or intensify. A preexisting nonconforming.use may be changed to a principal permitted use as of right. A preexisting nonconforming use may be changed to a conditional use by special permit as 240:108 04-15-2005 §240-94 ZONING §240-94 provided for within the zoning district in which it is located, or to another nonconforming use as provided for herein. A. Change of a nonconforming use to another nonconforming use. A preexisting nonconforming use may be changed to another nonconforming use only by special permit from the Zoning Board of Appeals. In granting a special permit for the change of a nonconforming use, the Board must find that the proposed nonconforming use is no more detrimental to the neighborhood and that all of the following requirements are met: (1) The applicant has received all necessary approvals from the Board of Health. (2) The proposed nonconforming use: (a) Requires no more parking than the previous use; (b) Does not generate more traffic than the previous use, as measured by the Institute of Transportation Engineers Trip Generation Handbook or other sources acceptable to the Zoning Board of Appeals, nor does it cause Town expenditures to address traffic mitigation measures; (c) Does not result in an increase of on-site and off-site noise, dust, and odors; (d) Does not result in an increase in,the hours of operation or in the number of tenants or employees; (e) Does not expand the gross floor area of the nonconforming use, except as may be provided in §240-93B, nor does it increase the number of X " nonconforming uses on a site; (f) Is on the same lot as occupied by the nonconforming use on the date it became nonconforming; and - (g) Is not expanded beyond the zoning district in existence on the date it became nonconforming. B. Expansion of a preexisting nonconforming use. A preexisting nonconforming use shall not be expanded and/or intensified except by special permit from the Zoning Board of Appeals. In granting a special permit for expansion of a preexisting nonconforming use, the Board must find that the proposed expansion, and/or intensification will not be more detrimental to the neighborhood and that the following requirements are met: (1) Any proposed expansion of the use shall conform to the established setbacks for the zoning district in which it is located, or such greater setbacks as the Zoning Board of Appeals may require due to the nature of the use and its impact on the neighborhood and surrounding properties. 240:108.1 04-IS-2005 I § 240-94 ZONING § 246-95 (2) The proposed use and expansion is on the same lot as occupied by the nonconforming use on the date it became nonconforming. (3) The proposed new use is not expanded beyond the zoning district in existence on the date it became nonconforming. (4) At the discretion of the Zoning Board of Appeals, improvements may be required in order to reduce the impact on the neighborhood and surrounding properties including but not limited to the following: (a) Greater conformance of signage to the requirements of Article VII; (b) The addition of off-street parking and loading facilities; (c) Improved pedestrian safety, traffic circulation and reduction in the number and/or width of curb cuts; (d) Increase of open space or vegetated buffers and screening along adjoining lots and roadways. The applicant shall demonstrate maximum possible compliance with § 240-53, Landscape Requirements for Parking Lots, Subsection F, if applicable. (e) Accessory uses or structures to the principal nonconforming use may be required to be brought into substantial conformance with the present zoning. § 240-95. Reestablishment of damaged or destroyed nonconforming use, building or structure. A. The reestablishment of a lawful preexisting nonconforming use and/or building or structure which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted as of right, provided that the Building Commissioner has determined that all the following conditions are met: (1) The reconstruction or repair will not increase the gross floor area or height of the building or structure beyond that which previously existed, nor increase the footprint of the structure; (2) If the building's location on the lot is to be changed, it will change in a manner that will result in greater compliance with the bulk regulations established in the zoning district in which it is located; and (3) The reconstruction or repair will not constitute an expansion or intensification of . any nonconforming use. (4) In the case of any use in which it would otherwise be required, the site plan review process has been followed. B. The preexisting nonconforming use and/or structure or building shall be discontinued unless a building permit has been applied for within two years from the date of damage or destruction, and construction is continuously pursued to completion. 240:109 11-IS-2004 EXHIBIT 4 . , I , j Hk �857 FIg157 035693 05-22-2001 & 03g05p Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2001-39 •Harding Modification of Special Permit 1983-40 Summary: Granted with Conditions r Petitioner: Donald L.Harding Property Address: 981 Main Street,Osterville,MA Assessor's Map/Parcel: Map 117,Parcel026 Zoning: Residence C, Resource Protection&Aquifer Protection Overlay llistricts Relief Requested & Background The petitioners have requested either a Special Permit under Section 4-4.5(2) Expansion of Pre-Existing Non-Conforming Use or a Modification of the previously issued Special Permit 1983-40.The permit is being requested to allow a portion of a single-family dwelling to be used as an office. The locus of this appeal is a 1,06 acre-site located on Main Street Osterville. Although zoned Residence C it is a mixed-use site having a gas and fuel station,oil business, and residence. The Board's records of a previous 1983 Appeal No.40 for the subject site,documents the use of the site as a gas service station and dates the use to 1922. The Assessor's records date all four of the buildings as pre 1950. The use and the structures located on the parcel predate the inception of zoning in 1950, and therefore a pre-existing legal non-conformity in use and in buildings and structures. The four buildings located on the parcel are: a one-story, 1,013 square foot gas station structure, a one& 3/4 story, 1,205 square foot, 1 bedroom single-family dwelling, a one story cottage structure containing 330 square feet and noted as not having a bathroom, and a one-story Service/Shop building having 3,126 square feet,having a bedroom but no bathroom. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on February 26,2001.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 April 18,2001,at which time the Board found to grant a modification of the existing Special Permit 1983-40 with conditions At the opening of the hearing,Acting.Chairman Gail Nightingale stated that only four members of the Board were present to hear the appeal and that if the appeal proceeded a unanimous vote would be required to grant the relief sought. The applicant's representative,Attorney John Alger agreed to proceed with the four member Board. Hearing this appeal were Tom DeRiemer,Ralph Copeland, Richard Boy, and Gail Nightingale,Vice Chairman, Attorney John Alger gave a history of the filling station since 1922. Mrs.Harding had always kept the accounts in the house behind the garage. A special permit was issued in 1983 for an addition to the gas station to allow bookkeeping to be done in the garage itself. The petitioner seeks to separate the fuel I ' Dk 138:57 Pg 158 #35693 business from the gas business and reopen the office in part of the single-family dwelling,located on site. Mr.Alger stated that there would be no alteration of the building in any manner. Mr.Alger and members of the board discussed the use of the house and the issue of accessory and non- conforming uses. Mr. Harding spoke on his own behalf and explained that this was the first time that a non-family member would be doing the bookkeeping work at the house. The fuel oil office will be in the residence. Findings of Fact: At the hearing of April 18,2001,the Board unanimously found the following findings of fact: 1. Donald L.Harding has applied for a Special Permit under Section 4-4.5(2)Expansion of Pre-Existing Non-Conforming Use to allow a portion of the single-family dwelling to be used as an office. The property is shown on Assessor's Map 117,Parcel 026 and is addressed as 981 Main Street, Osterville, MA,in Residential C Zoning District. 2. The Modification of the existing Special Permit 1983-40 would clarify and clear up any misunderstandings at to the previously granted relief which was issued to the gas station for an addition of an accessory office use. Today,the owner wished to segment the fuel delivery activities from the gas service station and incorporate an accessory office for the use into the dwelling that exists on site as well as maintain the accessory office to the gas service within the service station. 3. The proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected, 4. A site plan has been reviewed by the Site Plan Review Committee and found approvable, 5. The application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, Decision: Based on the findings of fact, a motion was duly made and seconded to grant the appeal with the following conditions: 1. The use of the dwelling for an office is limited to 340 square feet. 2. This modification of Special Permit 1983-40 is issued for the office use of this space as an accessory use to the existing principal uses,fuel delivery,located on the site. This permit does not authorize a new principal use. 3. This modification does not authorize expansion of the buildings or uses located on the site. No new rooms shall be created by the office use. It shall occupy existing rooms. 4. Improvements to the site shall conform to the approved site plan entitled"Site Plan Proposed Parking area at 981A Main Street Osterville,MA" for Donald Harding by Sullivan Engineering dated January 30,2001. The vote was as follows AYE: Tom DeRiemer,Ralph Copeland,Richard Boy,Gail Nightingale,Acting Chairman NAY: None 2 Bk 13657 Fog159 035693 Ordered: A Modification of Special Permit 1983-40 has been 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, Gail ightingal ,Acting 4hairman Date Signed 1, Li a 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 unde2he pains and penaltics`c.�fry. ov. ,, .._.---• ! r'��• 1•.r:i j 1, '„';,if��,f Linda Hutchenrider,Town C141:E Z. i Planning Labels 14-Mar-01 ReNo mappar owned owner2 addr city state zip 39 117 007 COLOMBO, DAVID L 488 SOUTH ST HYANNIS MA 02601 117 024 COLE, PHYLLIS W fi DAVID B 114 BAY ST OSTERVILLE MA 02655 117 025 CONATHAN, JOHN II TR CAPTAIN SMALL ROUSE FLTY TRUST 969 MAIN ST OSTERVILLE MA 02655 117 026 HARDING, DONALD L fi NATALIE TRS THE MAIN STREET REALTY TRUST 981 MAIN ST OSTERVILLE MA 02655 117 028 AUSTIN, PAUL H PO BOX 32 HYANNIS MA 02647 117 029 MCLEAN, ODBER JR fi BARBARA MEADOWLARK IN OSTERVILLE MA 02655 117 046 CARLEVALE, MICHAEL E� 945 MAIN ST OSTERVILLE MA 02655 117 047 WAITE, MARY JANE 1004 CONGRESS ST NEENAR WI 54956 117 048 SMITH, ALBERT JR fi JUNE H 942 MAIN ST OSTERVILLE MA 02655 117 049 WELCH, MARGERY T TR WELCH NOMINEE TRUST 3008 DUNRAVEN DR LOUISVILLE KY 40222 117 160 LAWLER, DAVID V a LAWLER, ELIZABETH A 962 MAIN ST OSTERVILLE MA 02655 117 163 WOLSIEFFER, CARL L JR TR WOLSIEFFER NOMINEE TRUST 955 MAIN ST OSTERVILLE MA 02655 117 164 CROSBY, MALCOLM M fi JANET M 23 MEADOWLARK LANE OSTERVILLE MA 02655 117 165 LIQUID METAL PRODUCTS INC P O BOX 440 COUNCIL BLUFFS IA 51502 117 171 RICHARDSON, DAVID E 6 DIANE L P 0 BOX 660 OSTERVILLE MA 02655 117 172 PINO, MARY D P 0 BOX 149 OSTERVILLE MA 02655 117 277 JAQUES, PAUL B BEVERLY JAQUES BOX 216 OSTERVILLE MA 02655 . 117 179 HARDING, DONALD L & NATALIE TRS MAIN STREET REAR REALTY TRUST 981E MAIN ST OSTERVILLE MA 02655 117 187 MACQUEEN, JESSIE A 933 MAIN ST 4 I OSTERVILLE MA 02655 118 002 FARRINGTON, JOHN B fi EDNA M 50 FIRE STATION RD OSTERVILLE MA 02655 118 003 FARRINGTON, JOHN BERNARD 30 FIRE STATION ROAD OSTERVILLE MA 02655 118 004 FARRINGTON, JOHN B 30 FIRE STATION ROAD OSTERVILLE MA 02655 r 118 005 SCHULTZ,ALB£RT J FARRINGTON,J M TRS 7 PARKER RD OSTERVILLE MA 02655 r 118 006 FRANKLIN, MAXINE 12 FIRE STATION RD OSTERVILLE MA 02655 118 007 BLAZE, JOHN 47 CAZLLOUET LN OSTERVILLE MA 02655 1J� 118 106 SCOTTI, GEORGE L 6 EUNICE M TRS SCOTTI FAMILY REALTY TRUST 30 MIDDLE RD EAST GREENWZCH RI 02818 118 107 FRANZRzB, SCOTT A fi COLLEEN 990 :LAIN ST OSTERVILLE MA 02655 lib 106 13 HALLETT, ROBERT N TRUSTEE EMILY WAY TRUST 980 MAIN ST OSTERVILLE MA 02655 to 118 109 TOUZIN, JOSEPH M fi LINDA N 972 MAIN ST OSTERVILLE MA 02655 ►A 118 110 CENTERVILLE/UST/MM FIRE DIS at 1875 FALMOUTH RD CENTERVILLE MA 02632 v 11Q 111 SCHULZ, ALBERT J FARRINGTON, JOHN M TRS 7 PARKER RD OSTERVILLE MA 02655 118 112 SCHULZ, ALBERT FARRINGTON, JOAN M TRS 7 PARKER RD OSTERVILLE MA 02655 W 118 113 SOUZA, DONALD E fi JUDITH E 49 FIRE STATION RD OSTERVILLE XA 02655 �Q .118 114 LEVINE, JOEN J ROSALINS ROSALINE LEVINE 59 FIRE STATION RD OSTERVILLE MA 02655 I W ReNo mapper owoerl owner2 addr city state zip 118 115 LEVINE, JORN J ROSALINE LEVINE 59 'IRE STATION AD OSTERVILLE YA 02655 11B 126 HALLETT, DAVID H LAUREL M 6ALLETT 33 EMILY WAY OSTERVILLE MA 02555 Coast— 36 x s D µµ V• µ w cn m 2 w Bk 1.6t6 7 PgJ 162 035693 TOWN OF eAANSTABLE ZONING 96ARD OF APPEALS ' NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE. APRIL 10,2001 To a#parwa Interested in,Pr OfOcted by the Zoning Board of s�peate under SSetlon 1 t, Of endm;er 40As lh d the General Laws of the Commonwealth o1 aossachusetts, and all amendments(hereto you are hereby notified that: 7:30 p,m. Lewis and Reilly Appeal 2001•39 William H.Lewis RI and Thomas Aelny have Applied for a Variario*to Seotlon 3.1.41(l)Hulk R6gutationp,Minimurn Lot Frontage to allow for the conOIA4tlon of $ingte farrdfydwepin0. In the altemative,the e*44hts h0vs appealed the decision of the SulkMq C nVnisalWar, The pdtftoro maintain that the historic"pass rwddooaqualifyfarfront underZonl The ooperty)s show„on Aseeasor's Map 2117,Parcel 024 and i$cony only addressed es 67 Pilot$way,80114=30ble,MA in a Re0denhat it Zonktg District. 7:40 P.M. }�:) I Anastasia Meaty t+6; gd tcidon bf the @u:ldxi wit�Oof.4y,. petitioner'air`oquesttais4:l9ebulddngpam,ltiaaw p daerhderiyingtha l "�h'h(> .rhe ptopditytOahown on As80dttW a Map W,Pjrt of 00 and is addressed 249 Long t3eaoh RooporlWls oh MA In a Aostdei►W D Zmkv Cistrtct. • , 7:44p.t10 . Ap ea1?opt. Anastapia Marty has' d for pl yroarlance to S6cuon 8 .S(b> II R � '' toattartheerda slr jrynvly B`+ � IA or&4• l w►9 pT f►cu00 by rwN Ord Igo KK-IkV b"th0 t"loot rirlt''' i The prc�r�r I ghowA oft As�Rsor'e Map 189.Paloet.029 and 1s addressed 249 tong Bea'RotM.Gntervile.MA n aaR►eo I nti l D"69 Dtetgt. Msse arty hes apppliod'fr*a Special Par, V fir g Mop t3utldr►Qe ngf9 4tn)b if sjgpme,to porn*IN' . 'vu ebUaB�►jt 4�4��on�dn omttn�; The Pr - rly It s on A seiedt's Map t8s' Ilp2 ''om la addr��ea 81 '�Beach ft tad! I,�;erder !le.MIIn 6 fiesid6ntial L>},gtiin0 DfltrRt. ,,: l.t .•; t°� ? Jbiapit N. ttenrmteyer , ►... . Appeal 1 .30 6.3 R6s aid WI , or Wei�i t4 for a.ryo wic to okilli a 8•' ; a aingtg•! lq strtot,NkrUmuln(.ot'Aiiea of t37,12b sc}:(t.,to COltstrbct ; . A IeshownonAsseasor8Ma 133 Pa of P rcels027 qnd Oi� IIddre� es;r p High street.wt Rametabie.MA in ,p��t G a fieeidehdal P Marta AP al2601.37 Nee aPpOed*A Vawtance to Section 3-l.t iS)Bulk eguiatlons Minimum' ;Lot Ar64 f betlon 38.3 noi6urto Proteco6h,Ovorky thotdcl.Ainimum Lot Area of ,87.120 "{�.t14�lomlforthticohotructionofaskfgtafaAroyd�nNling.The propertylsshavn on A$ees j M 1p 2$3�pp el 040,and is commonly addressed be 20 Holy Point Ad., r Cencervdl4,MA ;a Redden,el D-1 zoning District. , 8:10 p.ttt, A.I.R.industries.M6 Appea)2001.38 A.F.A.Indrratnes;end,hae led-for a Variance to SOctiori'3.1:1(5)Sulk Regutation6 Minimum Cot Arab and Se 3•S.3 Resource Protection Oveday District.Minimi m lot Area of 81.120 sr}A..to avow for the contin4logamus#of the property as and srnple famiyb. HoilyiPoint AdP�Ce„et Mlle,,MA Is shown onn as Resi entiMal D 233, 3 nd Resource 5r eBProttectionBB ey Zoning ostricts. 8:20 m, Harding Appeal2001-39 Donald L.Harding has applied for a Special Permit under Section 4.4.6(2)Expansion of pre- Existing Nort•Conforming Use to allow a portion of the single•fandfy dweliN to b0 used as an office.The property is shown on Assessor'$Map 117,Parcel 026 and Is addressed as ' 981 Main Street.OsterWo.MA,In a Residential C Zoning District. These Publlo Hearings wil W held in the Hearing Room,Sebond Floor,Town Hall,361 Main Streel.Hyannis,Maasachusetls.on Wednesday,April 18.2001.Plans and applications may 'be reviewed at the Zoning Board of Appeals Office.town of Barnstable,Ranning Division, 230 South Street.Hyannis,MA Ron S.Jonsson,Chairman The Barnstable Patriot zoning Board of Appeals March 29 and April S.200i BARNSTABLE REGISTRY OF DEEDS YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates(cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town(which you must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, 1 st FI.,367 Main St., Hyannis,MA 02601 (Town Hall)and get the Business Certificate that is required by law. En- . wo F. i DATE: !� "9,01 )� ill ij�please: 6:rsi ?k3 �� G` APPLICANT'S YOUR NAME/S: UM USINESS Yq HO E A4QRESS: rt� ��i7c�7��-�05q �`7 (0tlI-V1 m 1 N S i Cn C ih ,L p. M✓�-• TELEPHONE # Home Telephone Number .50 L 5y NAME OF CORPORATION: NAME OF NEW BUSINESS E45 C--IV 014 K V tn14Wk1 R TYPE OF BUSINESS M4,SONr2! IS THIS A HOME OCCUPATIpO YES NO X ADDRESS OF BUSINESS 0�-5— nugh p1Al N Si— jr-& MAP/PARCEL NUMBER -j ` Assessing) Ctv► CpwiLLc, M - Oo263-U— When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St.-(corner of Yarmouth Rd.&Main Street] to"make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COM I SIO R' C MUST COMPLY WITH HOME OCCUPATION This individrlal4 . e n fho e f pe ' e it e is pertain to this type �y>z .AND REGULATIONS. FAILURE TO uth rized g toe * COMPLY MAY RESULT IN FINES. OM S: J .. r p 1 2. BOARD OF SALT �C� Ohs r" p�" '�' '` / This individual has been informed of the permit requirements that pertain to this type of business. a�1/1.�4-f U Authorized Signature** 42 COMMENTS: ll// 3. CONSUMER AFFAIRS(LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature* COMMENTS: I Building Department Services OF THE T BrianFlDrence,CB O� E Building Commissioner F BAIINSTA= 200 Main Street,Hyannis,MA 02601• 165y. ,�$ www.town.barastable.ma us Office: 50 8-862-403 8 Fax: 50 8-790-623 0 Approved: _ Fee: - Permit#: HOME OCCUPATION REGISTRATION Name: O OIiO I V liki Phone#: 60 c9 ! Z o5q Address: �T I 1 rn�}I J! �� Village: 6e 4 e V' `Ue MA A Name ofBnsiae'ss: JC. Type of Business: ' P,7 o 04� —Map/Lot: c12 ^� IliT NT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the.dwelling. there shall be no increase in noise or odor,no visual alteration to the premises which would suggest anytizin.g other than a residential use;no increase in traffic above normal residential volumes;and no increase in air or groundwater polluti.on.. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • -The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit. •'" Such use occupies no more than 400 square feet of space. • There are no extemal alterations to the dwelling which are not customary in residential buildings,and there is no'outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The rise does not involve the production of offensive noise,vibration,smoke,dust or other particular matter,odors,electrical disturbance,heat;glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot coming the Customary Hame Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. • There are no commercial vehicles related to the Customary Home Occupation, other than Dne van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the samelot containmgthe Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall bg employed in the Customary HDme Occupation who is not a permanent resident of the dwelling mail. I,the enders'gaed,have rt-,aacand a e with tfie above restrictions for my home occupation I am registe' g. 4 Applic Date: 12 Homeoc.doc Rev.W20116 YOU W ]SH TO OPEN A BUSINESS? For Your hfDAn atibri: Business cerff=at:es (cost$4 0 .00 for4 years). A busness certifyate ONLY REGBTERS YOUR NAM E in town Whrh you m ustdo byM G L.-� ..does notgae�ouperm ssnn to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, 1 st FI., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is required by. law. DATE: l�- F1Uin phase: 3 APPL>rANTS YOUR NAM E/S: BUSNESS YOUR HOMEADDR S: j - ��" U,• 36.6 J. ti7F-03 ' TELEPHONE # H om e Te>?phone N um ber� �7 -iD NAM E OF CORPORATDN .. -- — - - --- --—ter- ---- NAMEOFNEW .BUSNESS TYPE OFBUSNESS-:tSerr!(-Lamy-&O m�e _1y� >S,THIS A HOM E OCCUPATDN? .,-.— YES NO ice_ )) n ADDRESS OF BUSNESS . S101 s (fit, 0 , �yU Mf_ /IqQ. M AP PARCEL NUM BE k a 0 ssessiag) W hen starthg a new business there are sezeralthhgs you m ustdo n order t o be in com plane w ith the ruhs and regulations ofthe Town of B amstabb. This fbm. is intended to assistyau h obtaning the hfDr<n atDn jou m ayneed You M U S T GO TO 2 0 0 M ail St..- (comer of Yarm outh Rd.& M ain Street) tom ake sure you have the appropriate perm is and]menses required to:hgal),operate your business in this town. 1 . BUID G CO MISS ER IS OF E Tilt ind>;rii e fD d f p trequkem ents- tpertain 1D t3ns type ofbusiness VY t hor»d S' * COM.M ENTS: QJ 2 . BOARD OFHEALTH This izdirdua]has been nfDnn ed ofdae peen trequirem ent s d-)atpeitah to tins type ofbusiness. A d ijnature COM M ENTS itok CAC,.�% es - 3 . CONSUM ER AFFAIRS ,�,NENSNG AUTHORIIY) . This ndkduall as been nfbun ed of the lbensi-ig requirem ents thatpertah to tins type ofbusness. Authored Si�natixe* COM M ENTS TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION ''Di, Map- Parce[ I d. _75) ..-,Applicatibh # Health'Division Date lssu,ed Conservation Division Application FeP_ Planning:Dept: ,'Perniit Fee Date Definitive!.Plan Approved b Planning Board ly Historic OKH Preservation Hyannis r7 �7W Project Street Address RIC Village I:A Owner:t Address Telephone Permit Request beg ko %up O'sIc- 2.023-2_ Sq er r4cosu a TA A.Sam)one6 AWCAALS- Tl� Q9AW%kJ a-S SDAW-A ki kO ICA Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District ------- Flood Plain AJJ A Groundwater Overlay n ntn Project Valua on n Construction Type Lot Size Grandfathered: LJ Yes U-Ko' If yes, attach supporting docume ntation. Dwelling Type: Single Family 0 Two Family LJ Multi-Family(# units) Age of Existing Structure 5�6-r Historic House: LJ Yes O Mo On Old King's Highway: Ll Yes Flo Basement Type: Ll Full LJ Crawl Ll Walkout L3 Other M/114- Basement Finished Area(sq.ft.), Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new l Half: existing Fs new G Number of Bedrooms: tvA existing —new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: dGas Ll Oil Ll Electric LJ Other Central Air: CO'Yes U No Fireplaces: Existing New Existing wood/coal stove: Ll Yes RFNo Detached garage: 0 existing Li new size—Pool: LJ existing U new size Barn: J existing LJ new size Attached garage: LJ existing L3 new size —Shed: L] existing Ll new size Other: C--) Zoning Board of Appeals Authorization Ll Appeal # Recorded LJ Commercial CrYes LJ No If yes, sit )Ian review# Current Use Pr6posed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name 10�rCOPAT�u'rTelephone Number —7D J Z3(6 Address (YkCA<,>-bVS Al5 License# qB 16 2- Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO C14>ELA Winl-e_ SIGNA RE ' DATE �i'2��1. • ,\ FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED C MAP/PARCEL NO. ADDRESS . VILLAGE -� OWNER - t DATE OF INSPECTION: 4ta FOUNDATIONTae� [} FRAME ,. INSULATION 3 FIREPLACE ELECTRICAL: ROUGH FINAL'S ! PLUMBING: ROUGH FINAL k e GAS: ROUGH FINAL FINAL BUILDING SL -US ` l2'►0 `= DATE CLOSED OUT ASSOCIATION PLAN NO. Jefferson Group Architects, Inc. Wayne J. Jacques, AIA CONSTRUCTION CONTROL AFFIDAVIT Project:. New England Society for Abandoned Animals - Animal Shelter South Main Street, Centerville, MA 02632 In accordance with Section 116.2.1 of the Massachusetts State Building Code, 780 CMR, 6th Edition, I, Wayne J. Jacques, Massachusetts Registered Architect/Engineer #6935 of Jefferson Group Architects, Inc., hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specification concerning: Entire Project _ Architectural _X_ Structural _ Mechanical _ Fire Protection _ Electrical Other(please specify) For the above named project and to the best of my knowledge, such plans, computations and specifications meet the applicable provisions of the Massachusetts Building Code 6th Ed., all acceptable engineering practices and all applicable laws and ordinances for the proposed use and occupancy. I further certify that I shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to determine that the work is proceeding in accordance with the documents approved of the building permit and shall be responsible for the following as specified in Section 116.2.2: 1. Review, for conformance to the design concept, shop drawings, samples and other submittals, which are submitted by the contractor in accordance with the requirements of the construction documents. 2. Review and approval of the quality control procedures for all code-required controlled materials 3. Be present at intervals appropriate to the stage of construction, to become generally familiar with the progress and quality of the work and to determine, in general, if the work is being performed in a manner consistent with the construction documents. Pursuant to Section 116.4, 1 shall submit periodically, a progress report together with pertinent comments to the town of Hyannis Building commissions. Upon satisfactory completion of the work, I shall submit a final report as the satisfactory completion ad readiness of the project for occupancy. No 069fts N June 4, 2009 ORI SICS@Ab6RE EAL DATE o MA NTH OF M 700 School Street Pawtucket, RI 02860 (401) 721-2245 Fax (401)21-2238 Construction Control Affidavit- MA.doc The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street -Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual):OC.c—p�y>e. (Y%-c� Address: gk:%, l `l City/State/Zip: AN41�5rCllw�>b.t.&% Phone.#: - -7 1 2;,'6 tk`k Are you an employer? Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I employees(full and/or part-tiine). * have hired the sub-contractors 6. ❑New construction .2.❑ I am a sole proprietor or partner-' listed on the'attached sheet. 7.,,PJ-1;Cemodeling ship and have no employees These sub-contractors have 8.`❑Demolition working for me in any capacity. employees and have workers 9. ❑Building addition [No workers' comp. insurance comp. insurance.$ required.] 5,.�e are a corporation and its 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.] t c. 152, §1(4),and we have no employees. [No workers' 13.❑Other comp.insurance required.] "Any applicant.that checks box#I must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. ZContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the subcontractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. t Insurance Company Name: Q� .` 6ka, -� Policy#or Self-ins. Lic.#: Expiration Date: Job Site Address: 0M 140uitl cam►" City/State/Zip: ankL—x `►JJ-,_ Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine tip to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine`' of up to$250.00 a day against the violator. Be advised that a copy.of this statement may be forwarded to the Office of _Investigations of the DIA for insurance coverage verification. I do h ere2bX certify un the pains and penalties ofperjury that the'information provided above is true and correct Si a e: Date: 11 y V X Phone#: Official use.only. Do not write in this area, to be completed by city or town official City or Town: Permit/License# Issuing Authority.(circle one): 1.Board of health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector L6. Otherontact Person: Phone#: Information and Instructions r Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their.employees. Pursuant to this statute,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 tfustee 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." • e MGL chapter 152, §25C(6)also states that"every state or Iocal 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,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall . enter into any contract for.the performance of public work until acceptable evidence of compliance vzth the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-contractors)name(s),.address(es)and phone number(s) along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have e�loyees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete'and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has.to'contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit'multiple permit/license applications in any given year,need'only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)..".A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone-and fax number: T`h6 Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations. 600 Washington Street Boston, MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Fax# 617-727-7749 Revised 11-22-06 www.mass.gov/dia Y, ACORD. 2/23/2009 CE PRODUR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Paul Peters Agency,Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 680 Falmouth.Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Mashpcc,MA 02649 COMPANIES AFFORDING COVERAGE COMPANY A Atlantic Charter insurance Co!ppany VDAC INSURED COMPANY Oceansidc Consirticlion,1nc. G COMPANY _ 419 Ttiver Road C Marston.Mills,MA 02649 COMPANY D. THIS 19 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EPFPCTIVE POLICY EXPIRATION LIMIT'S LTA DATF(MM/DD" DATE(MM/DD/YV) (in TPoueanAe) GENERAL LIABILITY BODILY INJURY OCC $ COMPREMEN51VEFORM BODILY INJURY AGO S PREMISESIOPERATIONS PROPERTY DAMAGE OCC S UNDERGROUND - PROPERTY DAMAGE AGO S EXPLOSION&COLLAPSE HAZARD BI&PD COMBINED OCC E PRODUCTB/COMPLETED OPER BI&PE)COMBINED AGG S CONTRACTUAL _ PERSONAL INJURY AQQ S INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY 130DILY INJURY ANY AUTO (Parpereon) E ALL OWNED AUTOS(Prlvate Pass) BODILY INJURY ALL OWNED AUTOS (PeracdAvnQ S (Other Veen Private Paseenaar) HIRED AUTOS PROPERTYDAMAGE S NOAW WNED AUTOS BODILY INJURY& GARAGE LIABILITY PROPERTY DAMAGE COMBINED . $ EXCE88 LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S A EMPPLLOOVER'SCOLIABILI Y NAND WCV00617204 -2/3/2009 2/3/2010 STATUTORY LIMITS EACH `GDENT & 1,000,000 DISEAS I. POLICY LIkZ S 1.000,000 DISEAS -EACH EMPAr YEE 1,000.000 OTHER Z 13 O � DESCRIPTION OF OPERATIONSAACATIONSNEHICLES/SPECIAL ITEMS IV r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Town O�Barnstable EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 200 Main Street 12 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Hyannis,MA 02601 BUT FAILURE TO MAIL SUCH NOTICE$HALL IMPOSE NO OBLIGATION OR LIA61LITY OF ANY KIND UPON THEA410PANY,ITS AGENTS OR REPRESENTATIVES: AUTHORIZED REPRESENT � Toti Town of Barnstable Regulatory Services RARNS'rABLB v NAM Thomas F.Geiler,Director Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I ; I, rlw \ , as Owner of the subject.property hereby authorize o J".t-f-5 to act on my behalf, in all matters relative to work authori�z"end, by this building permit application for: (Address of Job) Signature of Owner Date UA) Print Name .If Properly Owner.is applying for permit please complete.the Homeowners License Exemption Form on the reverse side. Q:FORMS:O WNERPERMISSION e woe Yt+e r�� Town. of]Barnstable Regulatory Services BA STAB Thomas F. Geiler,Director LF- KAss �* 16jg6 Building Division Tom Perry,Building Commissioner 200 Mairi.Street, Hyannis,MA_02601 vr%v.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number street village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is, or is intended to- be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that_he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be 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 parson(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 Constriction 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 hdshe understands the responsibilities of a Supervisor. On the last page of this issue is a.fonn currently used by several towns. You may care t amend and adopt such a fonn/certification for use in your community. Q:forms:homcexempt itiiassachusetts- Department of'Public SafetN Board of Building Reulutions and Standards 1 Construction Supervisor License License: CS 48102 Restricted to: 00 • JOHN J HUTCHINS 419 RIVER RD MARSTONS MILLS, MA 02648 Expiration: 9/16/2010 ('uumiissiuner Tr#: 4320 f, 21/MAY/2009/THU 11 : 53 C-0-MM FIAE DEPT FAX No. 5087902385 P. 002 FIRE DEPARTMENTS OF THE TOWN OF BARNSTABLEi Fire Prevention Office - Hincldey Building 200 Main Street, Hyannis, MA 02601 (508) 862-4097 BUILDING CODE COMPLIANCE FORM ted at J V V L�tom. / dated . for the ro ert loca Oy _Plans dat .. p_. p ..Y. .als6 known as have been reviewed by Of the 0 Barnstable- GOMM .0 Cotuit 'Q Hyannis Q West:Barnstable .°;; Fire De,partm nt. THE CHART BELOW INDICATES THE STATUS OF THE REVIEW: TYPE OF CONSTRUCTION DOCUMENT N/A RECEIVED REVIEWED COMPLIES ' 1. Narrative Report '2. Firefighting & Rescue Access 3. Hydrant Location &Water Supply 4. Sprinkler Systems 5. Sprinkler Control Equipment 6, Standpipe Systems 7. Standpipe Valve Locations 8. Fire Department Connection 9. Pire Protective Signaling System -S " 10. F.P.S.S,.&Annunciator Location 11. Smoke Control/Exhaust 12, Smoke Control Equipment Location 13. Life Safety System Features 14, Fire Extinguishing Systems 15. F.E.S. Control Equipment Location 16. Fire Protection Rooms 17. Fire Protection Equipment Signage 18. Alarm Transmission Method 19. Sequence of Operation Report 20. Acceptance Testing Criteria... We believe this document to be complete and compliant for the issuance of a building..permit. We have completed the acceptance testing for the occupancy permit and believe that.within the scope of the building permit, the above issues are in compliance. Massachusetts Department of Environmental Protection Bureau of Waste Prevention .Air Quality 5660i8s35 BWP AQ 06 Decal Number 5, Notification Prior to Construction or Demolition Important: A. Applicability When filling out forms on the computer,use only the tab key A Construction or Demolition operation of an industrial, commercial, or institutional building,or to move your residential building with 20 or more units is regulated by the Department of Environmental Protection cursor-do not use the return (DEP), Bureau of Waste Prevention-Air Quality Control Regulations 310 CMR 7.09. Notification of key. Construction or Demolition operations is required under 310 CMR 7.09 (2)ten(10)days prior to any work being performed.The following information is required pursuant to 310 CMR 7.09. „ B. General Project Description 1. a. Is this facility fee exempt-city,town, district, municipal housing authority, owner-occupied Instructions residence of four units or less?0 Yes 0✓ No 1.All sections of b. Provide blanket decal number if applicable: _.. _�:_._...._._._ this form must be Blanket Decal Number completed in order to comply with the 2 Facility Information: Department of ,New England Society for Abandoned Animals Environmental 1 --- ---— --- - - - --' Protection a.Name notification 89 South Main Street requirements of �� requirements CMR nts b.Address Centerville MA (508)778-5700 eleDhone Numb r re gO lOfla g�E-mail Address(optional TP 2,232 _____.___- �..-_...................__._.._............__.____..._.._.._._..._......_.__..__._� .h.Size of Facility in Square Feet i.Number of Floors j.Was the facility built prior to 1980? Ev] Yes P, No k. Describe the current or prior use of the facility: Convenient Store I. Is the facility a residential facility? Yes No m. If yes, how many units? Number of units 3. Facility Owner: N New England Society for Abandoned Animals �o a.Name_ 89 South Main Street _ wT= b.Address Centerville MA 02601 �� ° (508)778-5700 . I f.Telephone Number(area code and extension) a. dres E-mail Ads o tiona dl _l lJohn Hutchins �Q h.Onsite Manager Name ag06.doc•10/02 BWP AQ 06-Pagel of 3 i Massachusetts Department of Environmental Protection Bureau of Waste Prevention •Air Quality [�0oo138s35 ; }, BWP AQ 06 Decal Number _............... Notification Prior to Construction or Demolition General statement.if B. General Project Description (cont.) asbestos is found during a 4. General Contractor: Construction or Demolition Oceanside Construction S Development, Inc. operation,all a.Name responsible parties must comply with . PO BOX 159 J b.Address 7.09,7.15,and ~I Chapter 21 E of the Marstons Mills General Laws of c.City/Town d.State . _ e.Zip.Code______.____._._....__ the Commonwealth. R774)238-8411 _ __ This would include, f.Tele hone Number area code a_nd extensionE-mail Addrenal but would not be 9'..E-m_ ____ _�`ss oPtio_ limited to,filing an JJohn Hutchins-------- J asbestos removal h.On-site Manager Name notification with the Department and/or a notice of relea se/threat of C. General Construction or Demolition Description release of a hazardous substance to the 1. Construction or demolition contractor: Department,if ___,_.. __—________.___.___ .___.....___._.._, ..__.___......_..__......._..._..._._,..______.._—__.,..M.. applicable. Oceanside Construction&Development, Inc. E a.Name _ PO Box 159 b.Address .. ....__... Marstons Mills MA 02648 __._._...—.___.__._.._.._..._.._._.—_..__.__._._ . _.� t c.Cityrrown d.State W e.Zip Code (774)238-8411 W f.Telephone Number area code and extension .E-mail Address o tional _ John Hutchins h.On-site Manager Name 2. On-Site Supervisor: John Hutchins �— On-Site Supervisor Name 3. Is the entire facility to be demolished? 0 Yes 21 No N �° 4. Describe the area(s)to be demolished: N —O 5. If this is a construction project, describe the building(s)or addition(s)to be constructed: Interior, non-structural partitions (D C Q ag06.doc•,10102 BWP AQ 06•Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Waste Prevention •Air Quality 100088635 BWP AQ 06 Decal Number Notification Prior to Construction or Demolition C. General Construction or Demolition Description (cont.) 6. a. If this is a demolition project,were the structure(s)surveyed for the presence of asbestos containing material (ACM)? ❑ Yes No If yes,who conducted the survey? b.Survevor Name c.Division of Occupational Safety Certification Number 05/20/2009 � 07/15/2009 7. Construction or Demolition: a.Start Date(mm/dd/yyyy) b.End Date(mm/ddlyyyy) 8. a. For demolition and construction projects, indicate dust suppression.techniques to be used: Q seeding [] paving b. If other, pleasesp �' eci wetting C✓� shrouding [�] covering EJ other 9. For Emergency Demolition Operations,who is the DEP official who evaluated the emergency? a.Name of DEP Official b.Title _ c m/dd/ym of Authorization d.DEP Waiver Number D. Certification "' I certify that I have examined the !John Hutchins o above and that to the best of my ra.Print Name knowledge it is true and complete. The signature below subjects the Authonze ignature . —N signer to the general statutes Towner �o regarding a false and misleading "" "�"""`""""'""— i 9 9 9 �c.Po"sition i e o statement(s). iOceanside Construction 8 Development,Inc. dd.Representing _ w (D e.Date(mm/dd/yyyy) o C ag06.doc•10/02 BWP AQ 06•Page 3 of 3 Jefferson Group Architects, Inc. Wayne J. Jacques, AIA ISD AF 8 ARCHITECTURAL FINAL AFFIDAVIT To the Inspectional Services Commissioner: I certify that I,and/or my authorized representative,have inspected the work associated with Permit No.ZW9 02-1-11 dated 6-15-01,for a building to be occupied by The New England Society for Abandoned Animals located on South Main Street, Osterville,MA,on the dates noted below during construction,and that to the best of my knowledge, information,and belief the work has been done in conformance with the permit and plans approved by the Inspectional Services Department and with the provisions of the Massachusetts State Building Code and all other perti 1. .ordinances. ��oKv,agc FO Wayne J. Jacques,AIA, Architect-Mass. Reg.No.6935 NO.06935 BMTON Jefferson Group Architects. Inc. oMA 700 School Street,Unit 2 „= + T�OF t9 ss�' Pawtucket,RI 02860 �. 401-721-2245 Inspection Dates: 2-2-2010 p � Then personally appeared the above-named '0Qt/E� and madam oath that the above statement by him is true. Bef e, R M C�r�v � 3/35�/ My Commis ' expires: ,./ 20 700 School Street Pawtucket,R102860 (401)721-2245 Fax (401)721-2238 AFA-200919-NESAA.doc LAW OFFICES OF ALBERT J. SCHULZ WILLIAM CHARLES PLACE 7 PARKER ROAD OSTERVILLE. MASSACHUSETTS 02655-2034 TELEPHONE(508)428-0950 FACSIMILE(508)420-1536 ALBEAT J. SCHULZ MICHAEL F. SCHULZ aschulz@schulzlawoffices.com mschulz@schulzlawoffices.com January 6, 2009 Thomas Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 VIA HAND DELIEVERY RE: 89 South Main Street, Centerville,Massachusetts Dear Mr. Perry: Pursuant to our conversation, I am providing you with some curriculum materials that have been devised for New England Society for Abandoned Animals ("NESAA"). As the curriculum materials have devised specifically for NESAA, I request that they not be submitted to the file open to the general public. To date,NESAA has provided the following: (1) a letter dated November 17, 2008, attaching a copy of the Articles of Incorporation of NESAA stating that it is a nonprofit corporation organized specifically for educational purposes; (2) a letter dated December 1, 2008, describing applicable Massachusetts case law and the proper test for determining whether a nonprofit corporation qualifies as an educational nonprofit under M.G.L. c. 40A § 3; and (3)the present letter attaching curriculum materials devised specifically for NESAA. Based on the above information and in light of conversations with the Town Attorney, T.'David Houghton, NESAA respectfully requests your concurrence that the lease of a portion of 89 South Main Street, Centerville, Massachusetts, with the owner of the property falls under M.G.L. c. 40A § 3. As always, please do not hesitate to contact me should you have any questions. Very truly y urs, o� ichael F. Schulz MFS:law Enclousres Thomas Perry, Building mmissioner PR OJEC NAME. —O GG � �� - J4�,�� 477i/nCc� ADDRESS: II� �e PERMIT# PERMIT DATE:—. M/P• 0 �� LARGE ROLLED PLANS ARE IN: BOX SLOT Data entered in MAPS on: 2 program BY: q/wp fi l es/archive LAW OFFICES OF ALBERT J. SCHULZ WILLIAM CHARLES PLACE 7 PARKER ROAD OSTERVILLE, MASSACHUSETTS 02655-2034 TELEPHONE(508)428-0950 FACSIMILE(508)420-1536 ALBERT J. SCHULZ MICHAEL F. SCHULZ aschulz@schulzlawoffices.com mschulz@schulzlawoffices.com December 1, 2008 Thomas Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 VIA HAND DELIEVERY RE: 89 South Main Street, Centerville,Massachusetts Dear Mr. Perry: Pursuant to our telephone conversation last week, I am providing you with supplemental information to my November 17, 2008, letter which requested your concurrence that M.G.L. c. 40A § 3 was applicable to the lease of a portion of the above referenced property to New England Society for Abandoned Animals (hereinafter"NESAA"). Pursuant to your request, below are some specific examples of education that NESAA will provide, as well as citation to a case from the Supreme Judicial Court of Massachusetts which directly addresses what level of education is required for a nonprofit corporation to fall under M.G.L. c. 40A § 3. Attached to my November 17, 2008, letter as Exhibit 1, Article Il of the Articles of Organization state that NESAA is a nonprofit corporation organized for educational purposes including, but not limited to, the prevention of cruelty to animals and raising public awareness and understanding about the existence and needs of such animals. Reference to the Articles of Organization is the"proper test"to determine whether a nonprofit corporation qualifies as an educational nonprofit under M.G.L. c. 40A § 3. See Gardner-Athol Area Mental Health Association, Inc. et al. v. Zoning Board of Appeals of Gardner, 401 Mass. 12, 15-16 (1987). To further expand on your request,NESAA will provide educational programs through outreach, i meaning that it will be going into schools, senior centers and conference centers, educating children and adults alike. Additionally,NESAA will provide educational programs to smaller groups at the property. Simply put, education would obviously be a driving force of NESAA at the property. To further alleviate any concern on your end, the Supreme Judicial Court(SJC)has already spoken directly on the issue as to what is needed for a nonprofit corporation to qualify as a nonprofit educational corporation under M.G.L. c. 40A § 3. See Gardner-Athol Area Mental Health Association, Inc. et al. v. Zoning Board of Appeals of Gardner, 401 Mass. 12, 15-16 (1987). The SJC in Gardner held that"the proper test in deciding whether a nonprofit corporation is an educational one is whether its articles of organization permit it to engage in educational activities, a question easily answered by a review of the documents filed with the State." Id. In arriving at this holding,the SJC was very specific to reject that a dominant or even primary activity of a nonprofit corporation be education to qualify under §3. See id, at 15. The SJC reasoned that to accept such a reading of the statute that education be a dominant or primary activity would require the investigation and assessment of detailed facts not readily available to one administering local zoning regulations. See id. The SJC was careful not to establish any duty by local zoning officials to determine the level of education, but to make review of the articles of organization the only question. See id. Based on the additional educational information provided by NESAA above, along with the SJC's opinion in Gardner,NESAA clearly falls under M.G.L. c. 40A § 3 as a nonprofit educational corporation and therefore,NESAA respectfully requests your concurrence in this regard. As always,please do not hesitate to contact me should you have any questions. Very truly yours, •cltif' . Michael . Schul MFS:law Thomas Perry, g Buildin .Commissioner oF� r Town of Barnstable ti Regulatory Services ' UARNS-rABLF- Y Thomas F.Geiler,Director - ed �a`m Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: -508-862-4038 Fax: 508-790-6230 PLEASE ]FORWARD THE ATTACHED PAGE(S) TO: TO: ATTN: �C. FAX�NO: - FROM DATE: PAGE(S): (INCLUDING COVER SHEET) �© Rev:121901. �114E, Sign TOWN OF BARNSTABLE Permit BARNSTABLE, MASS. 6$ s0rF 3.�A Permit Number. Application Ref: 200702090 20070030 Issue Date: 04/06/07 Applicant: HOSTETTER, PRISCILLA M TR Proposed Use: MIXED USE RETAIL& RES Permit Type: SIGN PERMIT Permit Fee $ 25.00 Location 89 SOUTH MAIN STREET Map Parcel 228127 Town CENTERVILLE Zoning District RC Contractor PROPERTY OWNER Remarks REFACE EXISTING SECTION OF SIGN 20 SQ MURRAY'S FAMILY MARKET Owner: HOSTETTER, PRISCILLA M TR Address: 770A MAIN ST OSTERVILLE, MA 02655 _ Issued By: p` POST THIS CARD;SO THAT IS VISIBLE FROM THE STREET Town of Barnstable IME rati Regulatory Services o•" Thomas F.Geiler,Director TABM Building Division �A 039. 1. Tom Perry,Building Commissioner rED MA'S 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 Permit 6 G� 016b� Application for Sign Permit Applicant: Map &Parcel# o? 8-/ 7 )doing Business As: Aj rrg y`S 1 M 44 � rl�P � Telephone No. Oil?- 776,-�1?qy Sign Location TT Street/Road: /7-le.,r yi/le /YICc Q ZG 3 a Zoning District: Old Dings Highway? Yes/No Hyannis Historic District? Yes/No Property Owner Name: �}O�f� re a Telephone: a U—66,yam_ Address: '770a 1 all) 5� Villager Sign Contractor Name: �i cnr► Telephone: �D� '7r//`5/`/O Mailing Address:��o 6rr��r► /Jr' &anl7ls M4l o�o� Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions,location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? Yes No (Note:If yes, a wiring permit is required) Jam` Width of building face 'f7� ft.x 10= x.10= Sq.Ft.of proposed sign - I hereby certify that I am the owner or that I have the authority of the owner to make this application,that the information is correct and that the use and construction shall conform to the provisions of§240-59 through §240-89 of the Town of Barnstable Zoning Ordinance.; Signature of Owner/Authorized Agent: U, Date: 1,30 6 � � r Permit Fee: -r , Sign Permit was approved: Disapproved: r. 5 Signature of Building Official: Date: Cn rri In order to process application without delays all sections must be completed. Q:I WPFILES I SIGNS I SIGNAPP.D 0C Rev.9/12/06 A 1 l �i a � r: s- k� o\ y �j n r f". > r URI tLl�- 04 :r ✓ ¥ ice' -.. .. ,:. '� '- .._-� e- .- s -.@ d •si n ,,,ta L o _iw t n, ' •r a - � S ' a � �, r r4 tt. 3ti! � I�Q� LI 0010 c� C3laC�CDD (B(0(0[00 b,-N"MA N oFt"E�w Sigw * ABLE, * TOWN OF BARNSTABLE Permit BARNST MASS. 9�A -9 i63 �� rF Permit Number: Application Ref: 20061858 20060024 Issue Date: 07/14/06 Applicant: HOSTETTER, PRISCILLA M TR Proposed Use: COMMERCIAL Permit Type: SIGN PERMIT Permit Fee $ 25.00 Location 89 SOUTH MAIN STREET Map Parcel 228127 Town CENTERVILLE Zoning District RC Contractor PROPERTY OWNER Remarks Roy-L Groomingdales 1- 16 sq on existing freestanding 19 sq over door Owner: HOSTETTER, PRISCILLA M TR Address: 770A MAIN ST OSTERVILLE, MA 02655 Issued By: PC POST THIS CARD SO THAT IS VYSIBLE 'FROM THE STREET `� �l y�ew� s �y� �o ��e � �� - � � -��a - arnstable Services ler,Director Division ig Commissioner annis,MA 02601 nstable.ma.us Fax: 508-790-6230 AVIT r CONTRACTOR LAW LIMIT APPLICATION 'ons,renovation,repair,modernization,conversion, addition to any pre-existing owner-occupied dwelling units or to structures which are adjacent to ctors, with certain exceptions, along with other Estimated Cost o Town of Barnstable VEtati Regulatory Services Thomas F.Geller,Director serrsTMM ` Building Division 039.�ArED MA'S a Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Fax: 508-790-6230 office: 508-862-4038 Permit# r Application for Sign Permit N A plicant: e+f Assessors No. p O®Eo� Doing Business As: 0 _ w Telephone No.`'-08— 2S o 18ff Cell 6d 733" Sign Location Cry 1 10 in s Street/Road: Zoning District: TS`— Old Kings Highway? Yes N�o Hyannis Historic District? Ye�o Property Owner 0. O5+e �1 Telephone: . Name: n l C c T[ 9' ® Village: �' '�Y''ll 1 11 t Pr Address:��_ Sign Cont actor Telephone: i C3 "VA l Name: y(k(-M&gA (j Mailing Address: Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions,location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? Yes (Note:(Note:If yes,a wiring permit is required) Width of building face � ��ft.z10= xJ0=� I hereby certify that I am the owner or that I have the authority of the owner to make this application,that the information is correct and that the use and construction shall conform to the provisions of§240-59 through§240-89 of the Town of Barnstable Zoning Ordinance. Date: Signature of owner/Authorized Agent: . Permit Fee: Size: Sign Permit was approved: Disapproved:- Signature of Building Official: Date:' -)g d koy- OY, LI) Nf doo�� P OY--L CZ roorh t V��.�lt�e� }{van silo , fro v1 �r y 0Ild oS e-K -t SA �r\ S n S + n r s f � 3- a y x g r Y ALL BREED � DOG SALON rn GROOMINGDALES 508= 775 =09�88� S+r Stgn --42q, fee s+4ra ; ry be4ween +u,o o+4,er- SiSns . 7�Oy� GROOMINGDALES DOG SALON PROFESSIONAL ALL BREED GROOMING WITH ROYAL TREATMENT 508 - 775 - 0988 Qu� �ninq h�n5 Siyn 3 � L X 33. S �U/ c� �y c - * ,� `�: � ,i., � E . . _. �T� d7 4'' _ _ �6 t "�� .. �,�' � , � ,, - �.� - - .�_ ��,� ens�=P x� � . �Ef�f+�'+�t,�c�i :,. �: -= F �: e Y.. __.._. ,:. . p � `_ ,�y — .�. .�, - --�,�. � _. z �, _, _ ;. r-, ',,, ii � y� a' 4�y ps y Ali �-,��,,y �71��a�� c `.a'4�, 4 ii��°trR1a� 1f4Rj I t" I� ____._ _ __ ' `� z. a s �4 Wd '. f f pyP3 �� k P- ��. ir.m �'� tom. ��'�S�.fii ,� •'�^e,�, �+� �, .r: '�q mow„ €-�r.$r.-.'g� '��-?S'�w. ,R!r• L� ��';i � �:� � '�*"R Sa'Via' # "�yJ'� ,Ril.. irA ''�` a a, f ,� - . �-�'^�" �� •, _� '�' ... iilwP r . ►r i 4� P ! r. qqq , �� K%. .,� .. 3 , spy_ e � i . S � �}p. I� �� }� �s�t.� e � � _. � ,.. r `r� .._,i�1 �, fi LL r• w '�K3 t 'da'' x ty k.`�°''„f+4�� d°5,` �•� i. E fkt��yy� s 'rxsy'� tl"yl i Tye* ar� t°�,"+fir cr+ �y^�.'"4' �""�y3'-e�. ��.'� �t��"_�t `�a�:�� A�j i�'��'elk.,�P^i t• "� �.:,�'hs" l' t�' s�'' t _ _ - SJ �_ -� � - ++s a"�`� . . �.� _ E.l� •4 .. ., F _ _ _ ��' i�. - �� _ ��. i �� ..' _. ®p.� 4 _ _ .__...__.. _ * pow _ .ten 1 ° �. � J i ROY L �= i GROOMiNGDALES All Breed Dog Grooming ' With"Royal"Treatment. Roy Laferriere` Owner/Groomer - i HAS AN APPOINTMENT . Mon—Tues_Wed Thurs Fri Sat DATE: AT: , ROY - L GROOMINGDALES 89 South Main St., Centerville, Ma (508) 775 -0988 rat, Cenk;vllfe ILA AOQ cn e per3 o✓Ja l yervlc e vie ha6 beeq on 17-7e browns'es race when Ae Vee>a J ,�oerw7i)- (1991 - 13) ofas l sired , .—I-he. pee-sona J �ervlce 6116;russe5' Gk Ae, pk^crn`Ses are o- bare Gveep G) 14441 Nov ig,,O /9g/ r sei NGh%ra l C��pkx�o� 19q6 - 2001 ®cu erg 1 ��clv�le ®ve- re✓i-eW ©p- 6ea s t lon 0 M6 S-e R ae al Aa k perionid the Aime i d NaWruP 6m(T J InO-y 30 , 700 Nay 301 �00 (0 i %1J �o116W vp w�/�5 YtOIV 74M OIZO w vvl7e- (a ?fib as dr h ea r idJ is ✓vh� 9 y00 a jol� (o� Dv� 7�iryl� and wd1ln(y//J &66 T See me.. �o V a ©I,C 41,choe ) S�Av l d2� T c-g 2e c.� � i T Commonwealth of Mossochusetts tiv Execue Office of Environmental Affairs . Department of Environmental Protection MYFlllun F.weld c9oremor Trudy Coxe t3eeretay,E XEA David B.Struhs CommWoner . SUBSURFACE SEWAGE DISPOSAL.SYSTEM INSPECTION FORM PART A 8 q .S. M,4117 CERTIFICATION /11 T Property Address: C en 7-e rcJi/l C Address of Owner: 7,7 19- /j?.,*4h S DaWof Inspection: t% )-/`1-9 G (if different) 0 Name of Inspector: W."E. Robinson Sr. Company Name, Address and Telephone Number: W.E. Robinson Septic Service P.O. Box 1089 CERTIFICATION STATEMENT Centerville MA 1 certify that I have personally inspected the sewage dispos l s$sCert t this address and that the information reported below is true, accurate and complete as of the time of inspection. The inspection was performed based on my training and experience in the proper function and maintenance of on-site sew a disposal systems. The system: Passes _ Conditionally Passes Needs Further Evaluation By the Local Approving Authority Fails .l C Inspector's Signature: LC/. / Date: 9 The System Inspector shall submit a copy of this inspection report to the Approving Authority within thirty(30)days of completing this inspection. If the system is a shared system or has a design flow,of 10,000 gpd or greater, the inspector and the System owner shall submit the report to the appropriate regional office of the Department of Environmental Protection. The original should be sent to the system owner and copies sent to the buyer, if applicable and the approving authority. INSPECTION SUMMARY: Check A, B, C, or D: A] SYSTEM PASSES: I have not found any information which indicates that the system violates any of the failure criteria as defined in 310 CMR 1S.303. Any failure criteria not evaluated are indicated below. B] STEM CONDITIONALLY PASSES: One or more system components need to be replaced or repaired. The system, upon completion of the replacement or repair, passes inspection. Indicate es, no,.or not determined (Y, N, or ND). Describe basis of determination in all instances. If"not determined", explain why not) The septic tank is metal, cracked, structurally unsound, shows substantial infiltration or exfiltration, or tank failure is imminent. The system will pass inspection if the existing septic tank is replaced with a conforming septic tank as approved by the Board of Health. I (revised 1 5/95) 1 One Winter Street Is Boston,Massachusetts 02108 • FAX(617)SSG-1049 a Telephone(617)292-5soo �� Pnnted on Recycled Paper SUBSURFACE SEWAGE DISPOSAL SYS TEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: 8 9 .S, /V1 r9 1 C'e ✓1T rfJ�//C_ Owner: H fl /zeA/ty Date of Inspection: ��9_ q it 61 SYSTEM CONDITIONALLY PASSES (continued) Sewage backup or breakout or high static water level observed in the distribution box is due to broken or obstructed pipe(s) or due to a broken, settled or uneven distribution box. The system will pass inspection if(with approval of the Board of Health): broken pipe(s)are replaced obstruction is removed distribution box is levelled or replaced The system required pumping more than four times a year due to broken or obstructed pipe(s). The system will pass inspection if(with approval of the Board of Health): broken pipe(s)are replaced obstruction is removed C) FURTHE EVALUATION IS REQUIRED BY THE BOARD OF HEALTH: Co ditions exist which require further evaluat ion tion by the Board of Health in order to determine if the system is failing to protect the pu lic health, safety and the environment. 1) S STEM WILL PASS UNLESS BOARD OF HEALTH DETERMINES THAT THE SYSTEM IS NOT FUNCTIONING IN A MANNER HICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: Cesspool or privy is within 50 feet of a surface water Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh. 2) S TEM WILL FAIL UNLESS THE BOARD OF HEALTH (AND PUBLIC WATER SUPPLIER, IF APPROPRIATE) DETERMINES THAT T SYSTEM IS FUNCTIONING IN A MANNER THAT PROTECT THE PUBLIC HEALTH AND SAFETY AND THE EN IRONMENT: The cvstem has a septic tank and soil absorption system and is within 100 feel to a surfdtr water supply or 16butary to a surface water supply. The sv tem ha, a septic tank and soil absorption system and is within a Zone I of a public water supply well. The system has.a septic tank and soil absorption system and is within 50 feet.of a private water supply well. The systen, lea. a septic tank and soil absorption system and is less than 100 feet but 50 feet or more from a private water supply well, unless a well water analysis for coliform bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and'the presence of ammonia nitrogen t en og and nitrate nitrogen is equal to or less than 5 PPm. D1 SYSTEM AILS: I ve determined that the system violates one or more of the following failure criteria as defined in 310 CMR 1S.303. The basis fo this determination is identified below. The Board of Health should be contacted to determine what will be necessary to correct t failure. Backup of sewage into facility or system component due to an overloaded or clogged SAS or cesspool. _ Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or dogged SAS or cesspool (revised a/15/95) 2 r SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: 9 S. M 1191 h Owner 'q Date of Inspection: _/y_4 4 / D)SYST FAILS(continued): Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool. Liquid depth in cesspool is less than 6" below invert or.available.volume is less than 1/2 day flow. ' Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of times pumped Any portion of the Soil Absorption System, cesspool or privy is below the high groundwater elevation. Any portion of a cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. Any portion of a.cesspool or privy is within a Zone I of a public well. Any portion of a cesspool or privy is within 50 feet of a private water supply well. . Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. If the well has been analyzed to be acceptable, attach copy of well water analysis for coliform bacteria, volatile organic compounds, ammonia nitrogen and nitrate nitrogen. E)LARGE S STEM FAILS: T following criteria apply to large systems in addition to the criteria above: T e design flow of system is 10,000 gpd or greater (Large System) and the system is a significant threat to public health and safety a d the environment because one or more of the following conditions exist: the system is within 400 feet of a surface drinking water supply the system is within 200 feet of a tributary to a surface drinking water supply the system is located in a nitrogen sensitive area(Interim Wellhead Protection Area (IWPA)or a mapped Zone II of a public water supply welt) The owne or operator of any such system shall bring the system and facility into full compliance with the groundwater treatment program requireme is of 314 CMR 5.00 and 6.00. Please consult the local regional office of the Department for further information. t3— (revised 8 15 `95/ / ) 3 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B CHECKLIST Property Address: 9 Cl s M i9 1'7 C'C✓1 Ter-Ill Owner: / .' f R ea / f� Date of Inspection: Check if the following have been done: V/P'umping information was requested of the owner, occupant, and Board of Health. _lone of the system components have been pumped for at least two weeks and the system has been receiving normal flow rates during that:period. Large volumes of water have not been introduced into the system recently or as part of this.inspection. L�As built plans have been obtained and examined. Note if they are not available with N/A. LThe facility or dwelling was inspected for signs of sewage back-up. _L/4he system does not receive non-sanitary or industrial waste flow , _Lll he site was inspected for signs of breakout. , All system components, excluding the Soil Absorption System, have been located on the site. VThe septic.tank manholes were uncovered, opened, and the interior of the septic tank was inspected for condition of baffles or tteees, material of construction, dimensions, depth of liquid, depth of sludge, depth of scum. LA =The size and location of the Soil Absorption System on the site has been determined based on existing information or approximated by non-intrusive methods. vThe facility.a�%ne: (and occupants, if different from m%ne,) were provided with information on the proper maintenance of Sub- Surface Disposal System. (revised 8/15/95) 4 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM _ PART C SYSTEM INFORMATION Property Address: `S' /►7 .4 1 /1 owner: 11 H A e.4l t/ Date of Inspection: , y L FLOW CONDITIONS RESIDENTIAL: Design flow: G G 4 gallons Number of bedrooms: —3 Number of current rest ents: T' Garbage grinder(yes or no):jG , Laundry connected to system (yes or no):? Seasonal use (yes or no):_AZ Water meter readings, if available: Last date of occupancy: —mot 4 COMMERCIALA NDUSTRIAL: Type of establishment: Design flow: eallons/day Grease trap present: (yes or no)_ Industrial Waste Holding Tank present: (yes or no)_ Non-sanitary waste discharged to the Title 5 system: (yes or no)_ Water meter readings, if available: Last date of occupancy: OTHER: (Describe) Last date of occupancy: GENERAL INFORMATION PUMPING RECORDS and source of information: V 14 System pumped as pan of inspection: (yes or no) d If yes, volume pumped. eallons Reason for pumping: TYPE O!,SYSTEM �L Septic tank/distribution box/soil absorption system Single cesspool Overflow cesspool Privy Shared system (yes or no) (if yes,attach previous inspection records, if any) Other (explain) APPROXIMATE AGE of all components, date installed (if known) and source of information: / Gl— S z-S Sewage odors detected when arriving at the site: (yes or no) lL/O (revised 8/15/95) S SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: 9 s. /�1 /✓j C 2 K ICJ!I��. Owner: Date of Inspection: Z t C1 SEPTIC TANK:— . (locate on site plan) � t Depth below grade: Material of construction: _ oncrete_metal FRP—other(explain) Dimensions: S' 7 — -f' r. Sludge depth: ;L-' , Distance from top of sludge to bottom of outlet tee or baffler_ Scum thickness: I , Distance from top of scum to top of outlet tee or baffler Distance from bottom of scum to bottom of outlet tee or baffle: '7 Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, d pth of liquid level in relation to outlet invert structural integrity, evidence of leakage, etc.) %.e �t 1C �s c. GREAS TRAP:_ (locate o site plan) Depth belo grade: Material of nstruction: concrete _metal _FRP_other(explain) Dimensions: Scum thicknes Distance from op of scum to top of outlet tee or baffle: Distance from ottom nt drum in bottom of rnr.iet tee or bailie: Comments: (recommendati n for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural integrity, evide ce of leakage, etc.) (revised 8/15/95) 6 .SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C p �^ SYSTEM INFORMATION (continued) Property Address: ce Pik/'U I•�% Owner: Date of Inspection: TIGH R HOLDING TANK:_ (locate on ite plan) Depth halo grade: Material of c struction: _concrete_metal _FRP_other(explain) Dimensions: Capacity: al Ions Design flow: allons/day Alarm level: Comments: (condition of in t tee, condition of alarm and float switches, etc.) DISTRIBUTION BOX:_ (locate on site plan) Depth of liquid level above outlet invert:_ Comments: (note if level and distributiur, i, equal, e%idence of solidi carr)-o cr, evidence of leakage into or out of box, etc.) C 1_ C o ✓ 4, 2 PUMP CHA)ela (locate on s , Pumps in wder.(yes or no)Comments: (note conditmp chamber, condition of pumps and appurtenances, etc.) Irevised 6/15/95) 7 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: Ceti Owner: / -r H �� t� Date of Inspection: SOIL ABSORPTION SYSTEM (SAS): (locate on site plan,.if possible; excavation not required, but may be approximated by non-intrusive methods) If not determined to be present, explain: Type: leaching pits, number: leaching chambers, number:_ leaching galleries, number: leaching trenches, number,length: leaching fields, number, dimensions: overflow cesspool, number: Comments: (note ndition f soil, signs of hydraulic failure, level of Pending, condition of veget ion,etc.) bC CESS)ofsol : _ (locaite plan) Numconfiguration: Dept liquid to inlet invert: Deptl s layer: Deptu layer.Dim f cesspool: Mate onstruction: Indic groundwater. ow(cesspool must be pumped as part of inspection) Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) PRIVY:_ (locate on sit plan) Materials of onstruction: Dimensions: Depth of sol ds: Cornmentsc riote`condiydn'of soil;signs of hydraulic failure, level-of ponding, condition of vegetation, etc.) (revised 8/15/95) 8 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C q SYSTEM INFORMATION (continued) - Property Address: 8 / S. /Vf�'//J C, 2i'! '/'U�•��• Owner Date of Inspection: SKETCH OF SEWAGE DISPOSAL SYSTEM: - include ties to at least two permanent references landmarks or benchmarks locate all wells within 100' n . Q� ? (� 7 P. Z. ` G D ) -�, 4 4�� r DEPTH TO GROUNDWATER Depth to groundwater: t�-+ feet method of determination or approximation: )3 6 v 1�f/,. S (revised 8/15/95) 9 THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) M A- DATA Town of Barnstable FOB O1` Z'CEWEO1 Application for Site Plan Review `'°°`°nD`aee'' Location Legal Description: v ; „./ DIanning Board Subdivision Number. 4ssessors Map and Parcel Number. ?ropertyAddress: i�� ,'('',a'.Tj /��'�n, �'; ��,'r.��'i� ��,?� ;� �4- :5 'D-• Jwner of Property Applicant Vame: H" � ' H i '. /�i,l'/ -��lJ j j Name: /'' t%1; ,�i/� �T� , Address:address: �7 , r� t- i-} �1�ii � ,i. �.�-�%� ��,,a�;-rr. � , ; r•r•� �� :'�� y i• T�i'c;-Ll--. r?','.:a . /_.'.�i;5� . ll-li/-�r��,N i S �Y�,� �r�../ �;� 'hone: j.'�.�:. - ,i; y, Phone: .� 7- I/r ?n.i�neer Agent ame A G Name i.ddress: ,— Address: 'hone: Phone: toraae Tanks Udlities Zoning Classification :xiscing Proposed Sewer District lumber. / Number. Public Flood Hazard: ue: Size: Private 1 Z Groundwater Overlay:' .Dove Ground: Above Ground: Fire District �`c.'rI Fin Lot Area: Sq.g Inderground Underground: Water Number of Building oiitents: ��,� Contents: Public t/ Existing: j Private: Proposed: / irking Spaces Curb Cuts Fire Protection: Demolition: =quired Existing: L-_� Electrical Total Floor Area. ovided Proposed Aerial: Residential: //) f C� [I-Site To Close: Underground: Offices — T Site: —t - Totals: - Gas Medical Office: — Nat uaL• CommerciaL• 3-7 5 Historical District: Y61NO Propane: (Specify Use)�c,,,, Vholesale:• /i ;1/%�- ;A(vr'Y 0f4& Area of Critical Environmental Concern Instutionab -' O•A) Y o' Industrial: — ject within 100' of Wetland Resource Area: Yo� To be reviewed by the Building Commissioner Zoning District: Old King's Highway Regional Historic District: Listed in National and/or State Register of Historic Places: Perimeter setbacks: Front: Side: Rear: Lot Coverage: ? Type of Use (Zoning): Flood Plain Zone: Elevation: Number of Floors: ��- Floor Area_ L�',;C'I,i;`.,�iIV�' /v,> First: ��L'' �� l=7- Second•_ Other (Specify): Parking Requirements: Required: Provided• Handicapped Spaces: Are there Accessory Buildings? A;Ll Accessory Building Floor Area: Please provide a brief narrative description of your proposed project o /,�.�� •r �'' % C1 `��//l/ l '��' 4 �4L/Fill /,._ 7// IY'/�)/�/� �j1,:'Ti r•/'ti �, /'/`T/R �/ f �• -AA_ i/yl.�J'� 77) i/'�i �/tii�'/��i� f /,N /1y lC/7'�i.Ty I assert that I have completed(or caused to be completed)this page and the Site Plan ReviewApplication and that to the best ofmyknoidedge,. the information submitted hers is true. a/7X;4 Signature Date 6 i LAW OFFICES OF ALBEIT J. SCHULZ Jj WILLIAM CHARLES PLACE 7 PARKER ROAD OSTERVILLE, MASSACHUSETTS 02655-2034 TELEPHONE(508)428-0950 FACSIMILE(508)420-1536 ALBEAT J. SCHULZ MICHAEL F. SCHULZ aschulz@schulzlawoffices.com mschulz@schulzlawoffices.com May 30, 2006 Robert D. Smith, Esq. Town Attorney Town of Barnstable 367 Main Street Hyannis, MA 02601 VIA HAND DELIEVERY Dear Mr. Smith: This is a supplement to my earlier letter, which I delivered to your office today. After dropping off my earlier letter I went to the Town Offices at 200 Main Street,Hyannis. While at the Town Offices a 1996 Site Plan Review file was located for 89 South Main Street, Centerville, that contained documents that neither I nor Arthur Traczyk had seen before. I am including the documents for your review,which includes: (1) a Building Application which has the notation "O.K. R.R.G 8/31/81....only 3 chair beauty shop...RRG", (2) a septic system plan with the notation"O.K. max. 3 chair beauty shop. RRG+X", and (3) February 28, 1996, letter from Ralph Crossen, Building Commissioner approving the site plan and also attaching a Certificate of Review that it complies with the Zoning By-Law Section 4-7. I feel these documents add a significant amount of support to my earlier letter in that personal services should be allowed on the premises as of right in that personal services have been allowed by Town on the premises since 1981, the use of personal services on the premises has been uninterrupted for that period of time, and the Town reaffirmed compliance in 1996 when a second personal services use was added to the premises. C I am interested to hear your thoughts on this matter and it leads me to a question. If you do agree with my analysis that personal services should be allowed as of right, and consequently that this should not be before the Board of Appeals, how should I operate procedurally? I look forward to hearing from you after you have had a chance to review the materials. Very truly yours, Michael F. Schulz MFS:cg i The .Town of Barnstable MAW A B' Department of Health, Safety and Environmental Services Ma+ Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 28, 1996 Cyynthia McShane 260 Castlewood Circle Hyannis, MA 02601 Re: Site Plan Review Number 12-96 Complexions 89 South Main Street, Centerville Dear Ms. McShane: The above referenced site plan is approved. Please be informed that you must complyy with any conditions listed on the Certificate of Review and that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Should you have any questions, please feel free to call. XResectfully, Ralph Crossen Building Commissioner RMC/car enc. S01091C r 4 The Town of Barnstable 1619. Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner SITE PLAN REVIEW . CERTIFICATE OF REVIEW I certify that Cynthia McShane, for Complexions, 89 S. Main St. , Centerville, has submitted a site. plan SP-12-96 pursuant to Barnstable Zoning Ordinance, Section 4-7, and that such site plan has been reviewed and deemed approved with conditions: • Owner must contact fire department staff regarding the upgrade of the fire protection system. Building Commissioner February 22, 1996 • date of action SO1019K • .;qr's map and lot number mot? .-/ .. ........ 'THE t0 ti �� IC SYSTEMMUST -dwage Permit number ... .....................:....... ,� IINSTALLED IN COMPLIA BARNSTABLE, Q'p WITH I MUa House number .....Q...(..........................................::................. ALE 5 °o ,e 0� ENVIRONMENTAL CODE AN ava� TOWN OF . BARN IONS BUILDING INSPECTOR APPLICATION FOR PERMIT TO ...... ......Li: l. �1 . TYPEOF CONSTRUCTION .......... 'u. ............................................................ ............................................. . . .........................�9....j.. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .......(�:..(................. .....i',: 'I V1........... '.......................................................................................... Proposed Use ..... ....... . :........ i......T k)�...1... 5, qe....................:...............................I......................... Zoning District .....F--..........................................................Eire District ........ . ..`'. .. .. .... ....... .... .. ..... Name of Owner .1).ev,' "....... ..I.�!. .� Lam• � ::....Address ...:.....................!:............................ J�............ Nameof Builder ......... .�I h'.'cr..............................................Address ..........1..............................:........................................... Name of Architect ....... lrz. .�70� r/�: '�1 ` �. W ................Address ..... ............... .................................... Numberof Rooms ......... ,1 ................. .%..............................Foundation ....... ... ..��....... ...................................................... Exterior ......Q.�.�'9-4 r. ......................Roofing .....(6,-. ..... ....................................................... Floors ....................Interior �1�'l 'u ... .. .... . Heating ...............`..lG +!fit'........................:.......................Plumbing ................. . Fireplace v pp.:........N..................................................................A roximate Cost .... j.� . ..................•........................... Definitive Plan Approved by Planning Board --------------------------19------• Area ..�..�. .��............. Diagram of Lot and Building with Dimensions fee ....:... ............................. SUBJECT TO APPROVAL OF BOARD OF HEALTH � 4 t•F 1' i� - I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .................z6o��7................................................................. I I l Town of Barnstable ` ..�FIKI E ti Regulatory Services Thomas F.Geiler,Director ASS.MASS' ` Building Division 9 M �a • 039. � AiEo MAC s Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax- 508-790-6230 COMPLAINT/INQUIRY REPORT Date: Rec'd b Complaint Name: Map/Parcel Location _ Address:_ Z2 So A Originator Name: � ),2 /r Street: r Villag e: �, State: Zip: Telephone: 5�� - L/o - Complaint Description: AAL)C)M-74 )C� — �� SS 2)�f FOR OFFICE USE ONLY _Inspector's Action/Comments -Date: Inspector: _ T Additional Info.Attached n:fn=:comnlaint 1 - i r of Town of Barnstable Growth Management Department-Ruth J.Weil,Director)t'1 ' ' ' `i`' " BA LE. : 367 Main Street,Hyannis,Massachusetts 02601 1 263q s�0� ?u?a APR 20 PH i""• 16 t �fn Regulatory Review Services—Site Plan Review 200 Main Street,Hyannis,Massachusetts 02601 Phone(508)862-4785 Fax(508)862-4725 s- i,4 1l1vE .! April 18, 2006 Priscilla Hostetter,Trustee c/o William Weller P. O.Box 417 Centerville,MA 02632 Reference: 89 South Main Street—SPR# 009-06—Map 228,Par. 127 Proposal: Dog groomer to move into existing space currently occupied by a caterer. Dear Ms Hostetter: Please be advised that the Building Commissioner, Tom Perry,has administratively approved your proposal for a dog grooming business to occupy an existing space at 89 South Main Street, Centerville with the following conditions: • Septic inspection and approval will be required by the Board of Health due to change of use. • Modification of Special Permit 1981-013 will need to be granted from the Zoning Board of Appeals for this use. • All permits and licenses as required must be obtained. If you have any questions or required further assistance,my direct telephone number is 508-862-4679. Sincerely, 4 Ellen M. Swiniarski Site Plan Review Coordinator CC: SP_R File C—Torn_PerryBuilding Commissioner Board of Health ZBA File Assessor's map and lot number .- ..7......... �F'f11E T� �/ r SEPTIC SYSTEM Sewage Permit number .. .ys..... ..... �� INSTALLED IN CO1 PLIA� gyp BARNSTABLE. House number ......6...(...................:.......................: ............... WITH TITLE 5 9°o 1639• e0� ENVIRONMENTAL CODE AN TOWN OF 4�rBARNSOTA IONS BUILDING ., INSPECTOR APPLICATION FOR PERMIT TO ...... ...... ... ),VAS f............./13 .. TYPE OF CONSTRUCTION ..........F........�..................:. . . ........................................ ............................................. .......� . . .........................19....).. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .......U.. 1.............. f�..�.....��.....�........... � ............................................................................................ Proposed Use .... .. ...... ... .y.......!.......1.... " Gdt�''S.......................................................................... Zoning District .....F:.^...�...................................................Fire District ........ `� -.... ,**w zp. C Name of Owner y4`^....... ..5.�!. .� �::...Address ... ......Z: L.U .....`. ..... 2J............. Nameof Builder ......... ........I.............................Address .................................................................................... l Name of Architect ....... .:.. .......................................Address ...... I` Number of Rooms ......... Foundation�... .... Exterior ......C44O G ............. ... �.... .......................Roofing ..... ... ...... ...................................................... u I Floors .Interior 1 ✓►...��" GlGG ✓ ............................................... Heating ..........................................:..........:............Plumbing ................. Fireplace U pp/V.....V.............................................................Approximate Cost ... J.0 �. Definitive Plan Approved by Planning Board ________________________________19________. Area �.. .�I..................... Diagram of Lot and Building with Dimensions Fee .... ............................... SUBJECT TO APPROVAL OF BOARD OF HEALTH I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .. ................�................................................. HOSTETTER, DANIEL C. ry r 23416 �No ................. Permit for .REMODEL................ - ' Existing Dwelling Location ............... outh. Main Street Centerville .....J. ................... ..............`................. !Daniel C. Hostetter 1 caner .................'................................................ f` FrameT Type of Construction .� t . v �j Plot ..:..'....................... Lot ................................. t r= Permit Granted ....A.ugu.st...31 , ...�19 81 r` Date of Inspections ... .:..... 19 Date Completed ................... .. .. . :.......19r -PERMIT,REFUSED t� ✓ ... ................................""� 19 1 ..............0......................e ..................................... � � 12� ........... .................................................... ............................................... { ........... ..... .. .....`.: R�z ........................................� I V •�• 1 Approved ` ............................................................................... , 1 G 1 BOOK3279PAGE 074 TOWN OF . BARNSTABLE 9 Board of Appeals Louis ........A.d.a.m.s.............................................. .... Deed duly recorded in the ...................................................... .... ............ .......Property Owner County Registry of Deeds in Book .............................. Daniel C. Hostetter Page ........................ ............................... .......................Registry ......................................................................................................................................... Petitioner District of the Land Court Certificate No. ...................... ....................... Book ...................... Page ....... AppealNo. 12.81..-.1.3............................................. _.....AP..!J.j 7............................................ 1981 FACTS and DECISION Petitioner ........Da.n..i.e.1 C.�.......Hostetter ...... .................. filed petition oil .............. 19 81 requesting a variance permit for premises at S .... ....... .....o.u.- MAJ..n........................... Street, in the village th of 1 I..e ad' premises of .__...(.�iee attachedj.i.st . ... ..................................... adjoining prem ............................. J.I........). ................................ ................................................................................................. ................................................. .......................................................................................... ........................................................................................... ......................................................................... ........................ . ........................................................................... ........................................................... ................................................................................................................................................................................................................................................................ for the purpose of _..S.pecial Mml±....ta....allaw change_x& us-e............................................................. .......................................................................................................................................................................... Locus is presently zoned in Residence C zoning dist.ric.t................................................................................ .................................................................................... ........ Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and Cape Cod News & by publishing 111 Barnstable Patriot newspaper published in Town of Barnstable a copy -of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at Town Office Building llyaniiis, Mass., at M-)tX P.M. .........Msanah 1.3......................................... upon said petition under zoning by-laws. Present at the hearing were the following members: Richard L. Boy ......L.A.Q Lal..Ly............................... .................................................... ...... ...................... pairina I .................. ............................................................. ............................................................................... ............. .............................................................. e - �, =� WK3219 PAGE 075 At the conclusion of the hearinc, the Board tool: said petition under advisen;ent.. A vlow of the locus was had by-the Board. AppealNo........138.1.-..1.3......_.................................. Page .......... .......... of 3................ On ...... . ................ 19 .....$.)........, The Board of Appeal. found Atty, Stephen C; Jones represented the petitioner who seeks a special permit for a change of use at Louis Adams ' garage on So. Main St. , Centerville in a residence C zoning district. In the late 1920 's , a service station was established at this location and a license still exists for the sale of gasoline and automotive supplies. The rear portion of this structure is rented out to Sears Auto for the storage of automobiles and motorcycles. The Board established the legality of the existing non-conforming use at the time of the decision on a prior petitioner who was denied a change of use to allow condominium construction. The petitioner will not make any exterior structural change to the building other than upgrading it as shown on the plan submitted with the filing and a general store would be located in the area presently used for the garage. There would be office space along with some retail use in the area now used for storage. The two existing apartments would be upgraded. The site plan and interior floor plans were explained to the Board members by Mr. Jones and the petitioner plans to spend in excess of $100,000. to upgrade and renovate this property. This now rather decrepit looking building would have an attractive colonial design as shown on the. plan and would be an asset to the neighborhood. The petitioner will not create any additional non-conforming uses, but will replace existing uses on a one to one basis. Therefore, there will be compliance with Sec. G. , para- graph B. of the zoning by-laws. ' Hours of operation for the store and self-service gas station will be from 7:00 a.m. to 11 :00 p.m. , seven days a week. Mr. Royden Richardson spoke. in favor of the petition along with Francis Bearse who felt this use would be an improvement to the neighborhood. Rene Adams said that he did .not object to the petition or change but he was concerned that if gravel is used on the driveway it would create objectionable .noise when driven over by the patrons of this proposed retail use. Mr. Adams also asked that the existing trees to the rear of the property be retained in their natural state so that they will provide a buffer between the commercial use and the abutting residential use. Mr. Hostetter explained that he intended to construct the driveway into and around the building , of asphalt, but that he intended to use stone dust in the parking areas because of its aesthetic value. No one spoke in objection to the petition and the Board took the matter under advisement. The Board found that the petitioner seeks a change of a legally existing non-conforming (continued) I, __..� .U_�.. ._.."..... C>��fvo.�..............:.:.................... ..C.�sa.'T Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby- certify that twenty-one (21) clays have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed alld Sealed thi � d '`cif _..........YY'f... ..........................._.......... 19 ......... u ider the pains and penalties of perjury:, Distribution:— v Property Owner Town Clerk ` ' - 7 Board of Appeals Applicacit Town of Barnstable Persons interested .. Building Inspector '.. Publie. InF�irnnation liv .............. ... ...... ............._.............. .............. Board of =1 pl salts CI irinan BOOK3279 PAGE 076 sz�sa,: BOARD OF APP ALL y aaaa i639 Appeal No. 1981-13 Page 3 of 3 use consisting of a gas station , apartments and storage rental to a use not sub- stantially more detrimental to the neighborhood than the existing use and in keeping with the spirit and intent of the zoning by-laws by special permit under Sec. P. (6) of the town' s zoning by-laws. The Board found that the proposed change of use would be less detrimental than an intensification of the existing gas station and repair use over which the Board would have no control and the petitioner will substantially upgrade this building so that its architectural style will be in keeping with the residential neighborhood in which it is located. In addition, a country store along with the sale of gasoline will provide a needed amenity to the neighborhood. The Board voted unanimously to grant the petitioner a special permit subject to the following restrictions: l .. Renovation of the existing building shall be in accordance with the plans submitted and cited as follows: Adams Country Place - Prepared fbr-r aniel Hostetter, , Centerville, Mass.. by R.L. Seaberg Assoc.', - 1nc.' NorwelI , Mass. dated 3/3/81 .'' { 2. The existing vegetation to the rear of the-,building shall remain as a buffer between the commercial, use and the abutting residential use. 3. The driveway around the existing building. shall be constructed of asphalt paving and the parking .areas may be .constructed of stone dust or other suitable pervious material. 4. The areas .around the store shall be landscaped as shown on the plan cited under restriction #1 and in no areas shall asphalt paving directly abut the building. 5. Hours of operation shall be limited to 7:00 a.m. to 11 :00 p.m. , seven days a week. BOOIK3279 NGE 077 r ]BOARD OF APPEALS o' ti;� • Z 71a7%TAIr t - Y� •Yl � 2679. \ PARTIES IN INTEREST - APPEAL NO. 1981-13 - DANIEL C. HOSTETTER Louis Renford'.Ad�ms William & Alma Amoroso Town of Barnstable Park & Rec. Dept. Muria] J. & Alson T. Barrett Francis E. Bearse Charles & Elaine Buckler Evelyn & Sumner Crosby Richard L. & Martha H. Curley Robert S. & Catherine Elliott Virginia A. Goodspeed Margaret W. & Rodger H. Morse Agnes Murphy Kauko K. & Shirley Pukki Roman Catholic Bishop of Fall River Grace V. Rowland Charles A. Schmidt Alfred M. & Gertrude Sheehy James J. & Pauline Taylor Charles & Edna Thornton John & Carol Trotto Daniel J. & Mary E. Wright Barnstable Planning Board 3/4 Sandwich Planning Board Sin Mashpee Planning Board LEt3ALADVERTISEMENT\ Yarmouth Planning Board TOWN OFBARNSTABLE BOARD OF APPEALS .i NO TICE OF PUBLIC HEARING UNDER ZONING BY-LAWS To all persons deemed interested or {. affected by the Board of Appeals,under Sec:15 of Chap.40A of General Laws of the Commonwealth of Massachusetts and all amendments thereto, you are hereby notified that: ' APPEAL 1f1981-13- 830`P.M ' DANIEL C.HOSTETTER has appealed `to the ZONING BOARD OF APPEALS from.a decision. of the BUILDING INSPECTOR and, petitions .for a SPECIAL PERMIT to allow CHANGE OF EXISTING NON-CONFORMING USE at. �=LOUIS ADAMS' GARAGE, 89.SOUTH MAIN STREET,-CENTERVILLE,°in a RESIDENCE C ZONING DISTRICT. A PUBLIC HEARING WILL BEHELDON '< _THIS PETITION AT 8:30 P.M. This hearing will be held in the HEARING ROOM, TOWN HALL, 367 MAIN STREET, HYANNIS. on THURSDAY EVENING,MARCH 19,1981. You are invited to be present. By order of the ZONING BOARD OF, .d APPEALS" LUKE P.LALLY,CLERK 3/11 RECDR�ED MAY 4 81 Public License Query Page 1 of 1 w' Homo. I Map I Toolbox I Help Wriviort of #,asstr�zr�s�lLs f e ! �i �!��i�) a i 'Id. ', f tufsst�trrad.f�ct,rrw-rres ]F 7� U Name:BONNIE HAGGERTY CENTERVILLE, MA License 39440 Status:Expired Beyond 1 Renewal Number: Cycle Licensing Qoametoloav License Type:Cosmetology Salon --Board: •--'Issue Date: 12/31/1985, Expiration 12/31/1988 w school:-----~__. Exam Date: This we site displays disciplinary actions dating back to 1993. This license has had no disciplinary actions taken during this time. .�� Division of Professional Licensure (3 �� 239 Causeway Street Boston,Massachusetts 02114 * (� Phone: (617)727-3074 r Please send your technical questions or \'nl �,• ` comments about this web site to REG.WebMaster a@State.ma.us J � 11�o ss Disclaimer Privacy Policy Enforcement Process Gloary � A http://Iicense.reg.state.ma.us/public/pubLicenseQ.asp?board_code=HS&type class=_1&li... 2/17/2006 qo r Public License Query Page 1 of 1 a Hone I Map I Toolbox. l Help Cminaania-aldro �luyEueTau.�t�ts �i/ f ,pry w♦.. l fi r cir�n �..�'"1•��j�#ir7��l e ��I+ ` t'zn�Ir f I�o Licensuir Name:HELEN DUFFY Business:THE HAIR BOUTIQUE CENTERVILLE, MA ""This Licensee has additional Licenses click here to view them_** License Number:40578 Status:Current Licensing Boar -lo License Type:Cosmetology Salon Issue Da :6/16/1i987',, Expiration Date: 12/31/20G6 School: Exam Date: This web site displays disciplinary actions dating back to 1993. This license has had no disciplinary actions taken during this time. Division of Professional Licensure 239 Causeway Street Boston,Massachusetts 02114 Phone: (617)727-3074 Please send your technical questions or comments about this web site to REG.W ebM aster@State.ma.us Disclaimer Privacy Policy Enforcement Process Glossary http://license.reg.state.ma.us/public/pubLicenseQ.asp?board_code=HS&type_class=_1&li... 2/17/2006 f Public License Query Page 1 of 1 Hotno I Map I Toolbox IHelp Division of �'rrJrdssa�innt�zc;rrsrire � Licensing License License Board Type Name City/State Status Number Cosmetology Registered Cosmetologist 109451.5_ HEL:EN_DllFFY Current Cosmetology Cosmetology Salon 42091 HELEN_DUFFY Expired Beyond 1 Renewal Cycle Cosmetology Cosmetology Salon 40578 HELEN_DUIFY Current Division of Professional Licensure 239 Causeway Street Boston,Massachusetts 02114 Phone: (617)727-3074 Please send your technical questions or comments about this web site to REG.W ebMaster@State.ma.us Disclaimer Privacy Policy Enforcement Process Glossary http://Iicense.reg.state.ma.us/public/pubILicsn.asp?board_code=HS&type_class=_l&licen... 2/17/2006 I CA dL a � 1 . t , f ,F C� f I it I Parcel Detail Page 1 of 2 3 � tA ,rr`,. w- .i,.-„irY' ,. I �` ;per ' '• � =r J {.�°, Logged In As: Parcel Detail Tuesday, Aug Art Traczyk Home Application Center Parcel,Lookup ------------ Parcellnfo Parcel ID 228-127 I Developer Lot LOT 1 Location 89 SOUTH MAIN STREET _ I Frontage 189 T Sec Road I Frontage Village�CENTERVILLE I Fire District'C-O-MM _ Owner Info Owner I HOSTETTER, PRISCILLA M TR I Co-owner JADAMS COUNTRY PLACE REALTY Streets 770A MAIN ST I Street2 city OSTERVILLE _ I state MA zip 02655 Country I US Land Info Acres 1.26 Use aSTORE/SHOP zoning RC Nghbd 1C1 9 Topography! I Road Utilities Location Construction Info Building 1 of 1 Year 1900 Root Gable/Hip AC None Built Struct l Type Effect 5717 _ Roof Bed GIs/Cm Bed ;Zero Bedrooms _ ° Area Cover E Rooms Style Stores/A t Int l D wall Batn i Zero Bathrms� p Wall ! ry Rooms f 't r Model Co171rTlerClal � Total 1,1 -Room Rooms Int Bath ; r Grade Average Vinyl/Asphalt . Floor Style Li"i 4 A Stories 2 Stones i Car et Kitchen - .F _ 1 p Style 4, 4 4 . Ext Heat Bath Wall Wood Shingle Fuel Oil spot 0 Full Ip__Cla bord Heat Hot Air Found- '-'--T Ical a a Type , ..... ,,. . ation yp Permit History Issue Date Purpose Permit# Amount Insp Date Comments http://issql/intranet/parcelinfo/ParcelDetail.aspx?ID=16092 8/3/2004 i r Parcel Detail Page 2 of 2 Visit History Date Who Purpose Sales History Line Sale Date Owner Book/Page Sale P 1 10/29/1999 HOSTETTER, PRISCILLA M TR 12632/028 2 9/15/1992 HOSTETTER, PRISCILLA & HIRSHBERG 8219/301 3 11/15/1991 HOSTETTER, PRISCILLA M TR & 7768/127 4 5/15/1981 HOSTETTER, DANIEL C& 3283/226 Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parcc 1 2004 $188,400 $0 $4,500 $267,600 2 2003 $110,900 $0 $4,500 $180,000 3 2002 $110,900 $0 $4,500 $180,000 ; 4 2001 $110,900 $0 $4,500 $180,000 5 2000 $182,400 $0 $4,500 $90,100 6 1999 $182,400 $0 $4,500 $90,100 7 1998 $182,400 $0 $4,500 $90,100 8 1997 $164,000 $0 $0 $90,100 9 1996 $164,000 $0 $0 $90,100 10 1995 $164,000 $0 $0 $90,100 11 1994 $180,800 $0 $0 $106,400. 12 1993 $180,800 $0 $0 $107,700 13 1992 $200,800 $0 $0 $118,200 14 1991 $246,900 $0 $0 $168,900 15 1990 $246,900 $0 $0 $168,900 16 1989 $246,900 $0 $0 $168,900 17 1988 $210,500 $0 $0 $128,400 18 1987 $210,500 $0 $0 $128,400 19 1986 $210,500 $0 $0 $128,400 Photos http://issql/intranet/parcelinfo/ParceiDetail.aspx?ID=16092 8/3/2004 LAW OFFICES OF ALBEIT J. SCHULZ ' WILLIAM CHARLES PLACE 7 PARKER ROAD OSTERVILLE, MASSACHUSETTS 02655-2034 TELEPHONE(508)428-0950 FACSIMILE(506)420-1536 ALBEIT J. SCHULZ MICHAEL F.SCH.ULZ aschulz@schulzlawoffices.com mschulz@schulzlawoffices.com May 30, 2006 Robert D. Smith, Esq. Town Attorney Town of Barnstable 367 Main Street Hyannis, MA 02601 VIA HAND DELIE VERY Dear Mr. Smith: At your request, I am writing a memorandum on the questions presented to you by Arthur Traczyk in his May 25, 2006, letter. This memorandum will address his questions, namely, (1) whether the Zoning Board of Appeals ("Board") exceeded what was permitted under the By-Law in 1981 by issuing Special Permit 1981-13 for the nonconforming uses of retail, office and apartments, and (2) whether the applicant would have to sacrifice a legal preexisting nonconforming use to permit a new nonconforming use. In my opinion, the Board need not even address these questions as personal services should exist as of right due to the Town's approval of personal service businesses at 89 South Main Street, Centerville (the "premises"), since Special Permit 1981-13 was granted. However, briefly answering the questions posed, (1)the Board had the power to, and historically did, authorize more than one nonconforming use on a premises since 1981 and (2)the current Ordinance protects a property owner by allowing the change of a legal preexisting nonconforming use to another nonconforming use. } 1 I. In 1981, "retail" under Special Permit 1981-13 encompassed personal service use. One of the uses authorized by the Board in Special Permit 1981-13 was "retail (including the sale of gasoline)." See Exhibit 1. Soon after the special permit was granted and the renovations to the premises complete, a hair salon, Hair Boutique, received approval from the Town and remains as a business on the premises today. Not only has a personal service use existed on the premises since Special Permit 1981-13 was granted in 1981, but a second personal service business,Natural Complexions, operated on the premises with Town approval from 1996 to 2001. As of right,personal service use should be allowed on the premises as a legal preexisting nonconforming use encompassed under"retail"in Special Permit 1981-13 for several reasons. First, personal services have been on the property with Town approval since Special Permit 1981-13 was granted. A very likely reason for this happening is twenty-five years ago,when Special Permit 1981-13 was granted, a personal service use was not readily distinguishable from a retail use. Although the number of uses the Town seeks to regulate may increase over the years, a property owner should be able to rely on a special permit from the Board and the Town's interpretation of it no matter how old it is. Second, the concept of"personal service"as a separate and distinct use is very recent. The 1981 By-Law makes only one reference, in Section K(A)(7)—Village Business Districts A&B,to personal service shop, and contains no definition. See Exhibit 2. Even the 1995 Zoning By-Law doesn't define the use. Only the current Ordinance in 2005 has a definition of personal services in the Hyannis Village Business District. Admittedly, it would be a different situation if personal services were never allowed on the premises by the Town and the applicant was seeking to utilize the property in a new nonconforming manner. However, this is not the case, and for the above stated reasons, personal services should exist on the premises as of right. II. In 1981 it was proper for the Board to permit more than one non-conforming use under the By-Law and the Board has historically done so. In 1981 the Zoning Board of Appeals issued Special Permit 1981-13 to Daniel C. Hostetter for 89 South Main Street, Centerville, MA. See Exhibit 1. The purpose of the special permit was to change the preexisting legal nonconforming uses of a gas station, apartments and storage rental,to the use of retail, office, and apartments. See Exhibit 1. For authority to grant this special permit, the Board relied on Section P, Paragraph 6, of the Zoning By-Law. See Exhibit 1. The Board's reliance on this section was valid. An attested 1982 copy of the By-Law shows the pertinent sections, G (Non-Conforming Uses) and P (Special Exceptions), in effect in 1981. See Exhibit 2. Section G, Paragraph B, states in part, "Any change of a non-conforming use...shall be allowed only by Special Permit of the Board of Appeals. Any of the foregoing shall not result in the creation of any use...more objectionable or substantially detrimental to the neighborhood or the creation of two or more non-conforming uses differing in use." See Exhibit 2. Under that same Section,Paragraph D, Special Exceptions, leads to Section P of the By-Law. Section P,Paragraph 6 states "Change of a non-conforming use to any specified use not more detrimental to the neighborhood." Following the By-Law, the Board relied on the Special Exceptions Section, specifically Section P, Paragraph 6. Before issuing Special Permit 1981-13,the Board found that change in nonconforming use would be less detrimental to the neighborhood. It further found that the country store along with the sale of gasoline would provide a needed amenity to the neighborhood. Although it could be argued that the sentence "Any of the foregoing shall not result in the creation of any use...more objectionable or substantially detrimental to the neighborhood or the creation of two or more non-conforming uses differing in use"only allows one nonconforming use to a property, it is immaterial to the current case. The Board opted to rely on the special exceptions section(Section P, Paragraph 6)to grant the permit with fully supported reasons, and is therefore a valid exercise of their discretion under the By-Law. III. The current Zoning Ordinance patently allows a property owner to change a pre- existing legal nonconforming use to another nonconforming use. Article VIII of the Town of Barnstable Zoning Ordinance addresses nonconformities. At the outset of the Article, Section 240-91 describes the intent. In part, it states "It is the intent of this section to protect property rights of owners of preexisting legally created...uses...and to provide regulation of changes...of preexisting nonconforming...uses." See Exhibit 3 (emphasis added). Upon the Board's issuance of Special Permit 1981-13, the uses of retail (including the sale of gasoline), office, and apartments, at 89 South Main Street, Centerville, MA, became legal nonconforming uses. In light of the Ordinance's intent to protect property owner rights with nonconformities, Section 240-94 addresses nonconforming uses. In particular, Section 240-94(A) allows for the change of a nonconforming use to another nonconforming use. Under this section, a preexisting nonconforming use may be changed to another nonconforming use, by special permit, if the Board finds the proposed nonconforming use is no more detrimental to the neighborhood and series of requirements are satisfied. The Board has been asked to change the legal preexisting nonconforming use of"office" use to "personal services,"another nonconforming use. This is exactly the type of change envisioned by Section 240-94(A). Further,the Board has historically allowed the change of a nonconforming use to another nonconforming use on a one to one basis. The most telling example is the Board's decision in Special Permit 1981-13. Additionally, the Town's decision in Special Permit 2001-39 is very similar. See Exhibit 4. For those reasons, I believe the current Ordinance allows for the Board to change one nonconforming use to another nonconforming use on a one-to-one basis. Thank you for the opportunity to write a memorandum on these issues. Should you have any questions or would like to discuss the matter at all,please feel free to give me a call. Very truly yours, or-� ichael F. Schulz MFS:cg EXHIBIT 1 - ,�.�, ��w� ��= �-�- �" "' �/3 , . Co�n�r IZ S-� �� o �,,� Cv c �(� At the conclusion of the hearing, the 3oard took said petition under advisenia.,it. A view of the locus was had by the Board. AppealNo........11$.1.-..1.3......_................................ Page .......... .......... of 3.............. On . ........ .............................. 19 .....$.)........, The Board of Appeals found Attr. Stephen C, Jones represented the petitioner who seeks a special permit for a change of use at Louis Adams ' garage on So. Main St. , Centerville in a residence C zoning district. In the late 1920's , a service station was established at this location and a license still exists for the sale of gasoline and automotive supplies. The rear portion of this structure is rented out to Sears Auto for the storage of automobiles and motorcycles. The Board established the legality of the existing non-conforming use at the time of the decision on a prior petitioner who was denied a change of use to allow condominium construction. The petitioner will not make any exterior structural change to the building other than upgrading it as shown on the plan submitted with the filing and a general store would be located in the area presently used for the garage. There would be office space along with some retail use in the area now used for storage. . The two existing apartments would be -upgraded. The site plan and interior floor plans were explained to the Board members by Mr. Jones and the petitioner plans to spend .in excess of $100,000. to upgrade and renovate this property. This now rather decrepit looking building would have an attractive colonial design as shown on the plan and would be an asset to the neighborhood. The petitioner will not create any additional non-conforming uses but will replace existing uses on a one to one basis. Therefore, there will be compliance with Sec. G. , para- graph B. of the zoning by-laws. ' Hours of operation for the store and self-service gas station will be from 7:00 a.m. to 11 :00 p.m. , seven days a week. Mr. ,Royden Richardson spoke in favor of the petition along with Francis Bearse who felt this use would be an improvement to the neighborhood. Rene Adams said that he did not object to the petition or change but he was concerned that if gravel is used on the driveway it would create objectionable noise when driven over by the patrons of this proposed retail use. Mr. Adams also asked that the existing trees to the rear of the property be retained in their natural state so that they will provide a buffer between the commercial use and the abutting residential use. Mr. Hostetter explained that he intended to construct the driveway into and around the building , of asphalt, but that he intended to use stone dust i.n the parking areas because of its aesthetic value. No one spoke in. objection to the petition and the Board took the matter under advisement. The Board found that the petitioner seeks a change of a legally existing non-conforming (continued) I, AU/v E _. 6 ffoe N_ _ ............._....... Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty-one (21) days have elapsed since the Board. of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this _... _........... day of ................ ?. 19 .................. udder the pains and _...... penalties of perjury. Distribution Property Owner .......................................................................................................................................... Town Clerk Board of Appeals Applicant Town of le Persons interested Building Inspector , Public In�ornration BY ................ .. . .............._............... .. ............... Board of Appeals C'hairrturn BOARD OF APPEALS )AUITLIL y U%639- pa Appeal No. 1981-.13 Page 3 of 3 use consisting of a gas station, apartments and storage rental to a use not sub- stantially more detrimental to the neighborhood than the existing use and in keeping with the spirt and intent of the zoning bylaws by special permit under Sec. P. CQ of the town's zoning by-laws.. The Board found that the proposed change of use would be less detrimental than an intensi.f'tcation ,of the existing gas station and repair use over which the Board would have no control and the petitioner will substantially upgrade this building so that its architectural style will be in keeping with the residential neighborhood in which it is located. to addition , a country store along with the sale of gasoline will provide a needed amenity to the neighborhood.: The Board voted unanimously to grant the petitioner a special permit subject to the following restrictions: l .. Renovation of the existing building shall be in accordance with the plans submitted and cited as follows: Adams Country Place - Prepared for Daniel Hostetter, Centerville, Mass. by R.L. Seaberg Assoc. , Inc. Norwell , Mass. dated 3/3/81 ." 2. The existing vegetation to the rear of the building shall remain as a buffer between the commercial use and the abutting residential use. 3. The driveway around the existing building ,shall be constructed of asphalt paving and the parking areas may be constructed of stone dust or other suitable pervious material ., 4. The areas around the store shall be landscaped as shown on the plan cited under restriction #Land in no areas shall asphalt paving directly abut the building. 5. Hours of operation shall be limited to 7:00 a.m. to 11 :00 p.m. , seven days a week. t i 1 > , TOWN OF BARNSTABLE SIGN PERMIT PARCEL ID 228 127 GEOBASE ID 14002 1 ADDRESS 89 SOUTH MAIN STREET PHONE Centerville ZIP - I LOT 1 BLOCK LOT SIZE DBA DEVELOPMENT \ DISTRICT CO PERMIT 13449 DESCRIPTION COMPLEXIONS - 4 SQ.FT. PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $10.00 �TME BOND $.00 CONSTRUCTION COSTS $.00 753 MI SC_ NOT CODED ELSEWHERE * H�►RN3TABI.E •' MASS. OWNER HOSTETTER, PRISCILLAE� A ADDRESS HIRSHBERG ALVIN B 770A MAIN ST BUILDING DIVISION OSTERVILLE MA DATE ISSUED 02/26/1996 EXPIRATION DATE i d The Town of Barnstable �� i • Department of Health, Safety and Environmental Services� NAM Building Division 367 Main Street,Hyannis MA 02601 trod Application for Sign Permit Applicant: CL/j2ZZZ//,-1 dL Assessor's no. _,I Doing Business As: Telephone Sign Location streettroad: Y�? ,�6671-1 ,�2h/A) ST, 's I wa District? es no Zoning District �(° �- Old ICuig gh Y Y Property Owner Name lCl. �• 72ed 4Y Telephone y "y 6 y t f Address: 7)0 M�r ti S�. Village os. Sign Contractor , Name: Telephone 771 y /6 s Address(,SO Village �- Description Diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sib to be drawn on the reverse side of this application. (Note: if es a wiring permit is required) Is the sign to be electrified? yes no (N y g I hereby certify that I am the owner or that I have the authority of the owner to make application, that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinances. ba& gijKaiure of er/Authorized Agent Size (sq. ft.) 171 Permit Fee Sign Permit was approved: i/ disapproved: . 7 -- 4ianstnre nf13Ltildine vial G' D/'''IPLEXIJI/S �l�o��sS/OrvflL st4,/4/e4te7 '7 7 F- y33 F MMIAN 72F- r EOM 0NS sklAl sRL®ni Nll9K��U� 3 o ok a FT 7jV C,koiM \D&$�} ( , a ` OUNI'Y \ <rL&CE' — § . . . a y : z . �i.I m\ ! »2V= » - �} � � � ~ . - © � y�&22J. x. • - -� - I I r �---- � -- - - = - -- --_-1. i . , q 'I l C - -------- - - � -- _1 F ........ . .......... � Gill. /2 i/9 d- 6,13/18 Assessor 1 THE 's map and lot number ! . .-.��, yF r� Sewage Permit number ..1. ./... :. ............................. u c (y Z BARASTADLE, i House number n vo NAM p 1639• ♦� 1 MPY a` a TOWN OF BARNSTABLE ,e ,�,,� 0-,� 3 �: .l j BUILDING INSPECTOR APPLICATION FOR PERMIT TO .......q....... !'1.....:..........................1..�......, ................. �..............:....... ........ TYPE OF CONSTRUCTION i�t J'�'e ............:. ................................... ................................. ................................................... a,.I.........................19J� ,TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .......0...!............... f�� .....�i� ..".)t..... .......................................... ................................... Proposed Use .... . ...... +.\UU ........ ... . ...!.... .......................................................................... OC4 Zoning District .....�:. ...�...................................................Fire District .......C........`� s-d) Ykug 12P. (ej Nameof Owner ..,.�.........Y!:.....................................................Address .................................................................................... Nameof Builder ........: ..�I.. ...............................................Address .......�...,..............�...0....................................................... Name of Architect E.-.�-.. w�/�................Address ......(moo ,,....... . '�i..................•. .......I......L..............f..... ...................................... �• V Number of Rooms .........� ...................................................Foundation .......jlh. Exterior ...... � OG .! ......f................Roofing ..... . ..... �...................................................... Floors .........f C�. ...........................................................Interior ............... U.:,:.C........................................... Heating ............Plumbing...................................................................... ................................................................................. Fireplace ............/ u...............................................................Approximate Cost ..... .�� ...................,........................... �f Definitive Plan Approved by Planning Board _______________________________19________. Area ....... .'./.. .'� ................... Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH is �Y. V S I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .................... ... /................................................. HOSTETTER, DANIEL C. A=228-127 23416 REMODEL No ................. Permit for .................................... , Existing Dwelling ............................................................................... • 89 South Main Street Location ................................................................ Centerville ............................................................................... } Daniel C. Hostetter Owner .................................................................. , Frame Type of Construction .......................................... i ................................................................................ Plot ........................ Lot ................................ - Permit Granted .....August 31, 19 81 Date of Inspection ....................................19 Date Completed .........19 - PERMIT_REFUSED .................................... ..................... 19 .............................................................:................. ................................................................................ ........1.-..1..-- ..................... Approved ................................................ 19 ................................................................................ ' TOWN OF BARNSTABLE SIGN PERMIT PARCEL ID 228 127 GEOBASE ID 14002 ADDRESS 89 SOUTH MAIN STREET PHONE CENTERVILLE ZIP - LOT 1 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CO PERMIT 45693 DESCRIPTION "EEC SWIFT" - 20 SQ. PERMIT TYPE BSIGN TITLE , SIGN PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $25.00 BOND $.00 Ox THE CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE 1 PRIVATE P1 CF E_ * BARNSTABLE� • MASS. 1639. FD�AI� BUILDING\DIVIS, P!�i DATE ISSUED 04/26/2000 EXPIRATION DATE k The Town of Barnstable Department of Health Safetyond Euvircomental Services $SA[ Building Division KUL 367 Main Street,Hy aruzis MA Oz601 Office: -508-862-4038 ` r ,/ Ralph Crossen Building Cornmissioner Fax: 508-790.6230 Tax Collector___: Treasurer Application for Sign Permit 2 2 c � rr� Applicant z T ? sensors Doing Business As: �.__. -� C, S vlJ1 Telephone No.� Sim Location S C /L Street/Road: •--�J_ Zo * District: Old Kints Highway? Ye¢!Io Hyannis Historic District? Y® / propeny Owner Name: "Iephone:"y1� ' �6 �/y Addre370 ll nk$ Village: Sign Contractor Name: rQ _ Telephone:—�- Address: _r I/V Village: Deno ption Please draw a diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sign. This should be drawn,on the reverse side of this application. Is the sign to be electrified? Yes�o Wote:If yes, a wiring permit is required) I hereby certify that a am the owner or that I have the authority of the owner to make this application,that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinance. Signature of der/Aut:horizcd Agent: Date: Size: Permit Fee. Sign Permit was approved: Disapproved: Ah� Signature of Building Offs al: 41&7 _Date: � _fro —dc�' } rcv,8i31�98 -. S-W F I . C- 0 V aoI?U - \_ / f--tr�7 1 -IM v _C 3 ---------------------- sr VU00 rr��51}�P)A)6 Wk n� Wl �►2 66AI c�C.�--,r i aI � ��:�� f� \��\/ . \� ~� � \ \ \�� /��Sf� \ , �y <: ©��, :m\ � j ( � �%�&��\ �� » / . � » . . � »> . ° : a? -�2\��7��\�°w { «!\ .� ��9» �t2 � � �\ \ » � �*? d�%»©� � \ \ �� ;\::\'��\ . , � ; � 4»� � � � ^©fy y � \:». � � < . �J ! -: / a \ 2, . � . » . } � � �\�\\�:��y\�\ \ } \ ^ . �� . . � �� ^ 2�3 © «� « � «� � �2� � � d� /� � � ° � © ^ » ^ �. : . ��\ �2/.��- � � �y I t Platinum Gray 71 in Moore' �t MO=A- PAINTS Benjamin Moore&Co.,Montvale,N.J., New York,N.Y. Manufacturing locations in Newark•Boston•Richmond•Jacksonville Johnstown,N.Y.•Cleveland•Chicago•St.Louis Dallas•Birmingham•Denver•Los Angeles Toronto•Montreal•Vancouver•New Zealand MOORE'S,MOORGARD,MOORGLO,MOORLIFE, MOORWI IITE,and MOOR-O-MAT1C are registered trademarks of Benjamin Moore&Co. 11048—Litho in U.S.A.—1/970 0 1995 Benjamin Moore&Co. Chrome Green 41 vary slightly in color or finish from the actual paint in the c E.E.C. SWIFT CO Ate,lk Frr31r+t PRODUCE.MEATS &DAIRY .89 Soule Mam 51-1 i NATURAL COMPLEXIONS Professional Skin Care . 1 L �L - 1293602359 ) JOSEPH D. DALUz - 790-6227 Building Committiontr TELEPHONEt)nMKftX XXX-x x TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS. MASS. 02601 January 29, 1991 Mr. Daniel C. Hostetter Alvin B. Hirshberg 770A Main Street Osterville, MA 02655 RE: A=228-127 ADAMS COUNTRY PLACE 89 South Main Street, Centerville Gentlemen: The fire exit stairs from the second floor apartments in the build- owned by you and located at 89 South Main Street, Centerville, have been removed. To insure occupant safety the stairs must be replaced immediately. Please notify this office when work has been completed. Very truly yours, ric-hard R. Bearse Building Inspector RRB/gr cc: C-O-M,M. Fire Department 1 �.Y � � d ��GDo� �� eE � � `��s�- �%��rs /mil�s j� ►,� ►fi1v� 5 �'��/ n t. Le �D �e I"R27'8 127. -j SOUTH MAIN STREET 'CTYjl0 TDSj 30 0 REYJ 140029 ----MAILING ADDRESS------- PCA]3221 PC,-joo YR700 PARENT w 0. HOSTETTER, DANIEL C MAP AREA JCO.12 Jvj HIRSHBERG, ALVIN B SFIJ s P 21 j SP33 770A MAIN ST UTlj UT2.1 26 SQ FT 544-4 OSTERVILLE MA 0 26 5 5 AYB]1900 EYBJ1981 OBSJ 2- CONSTJ - 0000 LAND 169900 fop, 246900 OTHER 5000 ----LEGAL DESCRIPTION---- TRUE MET 420800 REA CLASSIFIED #LAND 3 168,900 ASD LND 169900 ASD f 111F 246900 ASO OTH tic 010 #BLDG(S)-CARD-I 3 246',900 DESCRIPTION TAX XR CURRENT EXEMPT- TAXABLE- #OTHER FEATURE 3 5,000 TAX EXEMPT #PL 89 S MAIN ST CENT RESiDENTIL #OL LOT I OFEN SPACE #RR 41507 -0189 COMMERCIAL 420800- 420800 -420800 INDUSTRIAL EXEMPTIONS 6ALEJ0518.1 PRICE] 85100 ORE 1328312126 .AF 0 1 LAST ACTIVI1 YjOS122190 PCRY 4 TOWN OF BARNSTABLE SIGN PERMIT PARCEL ID 228 127 GEOBASE ID 14002 ADDRESS 89 SOUTH MAIN STREET PHONE CENTERVILLE ZIP . - LOT 1 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CO PERMIT 68707 DESCRIPTION 4'x4'8" 6-7aldOS PERMIT TYPE BSIGN TITLE SIGN PERMIT l CONTRACTORS: Department of ARCHITECTS: Regulatory Services TOTAL FEES: $50.00 BOND $.00 CONSTRUCTION COSTS $.00 "'�►� 753 MISC. NOT CODED ELSEWHERE 1 PRIVATE • BARNSPABLE, • itil . i6g9. 1 BUIL �D SIO BY �►-��z-� DATE ISSUED 05/13/2003 EXPIRATION DATE �� Town of Barnstable oFzKE ram, ti Regulatory Services Tu V4141 OF BARNSTABLE Thomas F. Geiler,Director ' " "B Building Division . 20193 MAY -9 i 4 7 039. �� ATED MA'S A Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Tax Collector ,(-7 -5 d� �(�7d 7 Treasurer Application for Sign Permit Applicant: Q PP y 1�O 5��1 Assessors No. ' Doing Business As: 0"U P d0 y 3h rN(�V Telephone No. Q ' Sign Location Street/Road: g 1 6�6 U l b )M8 l 1'l, SZ Zoning District: Old Kings Highway? Yes Hyannis Historic District? Ye /No Property Owner w �/ Name:+P YN I SO-i l 1 CA �G S cy- Telephone: S66- Lid Q Address. A VY)�tb SI , &ST erY , t . ' O Village: O aw?-�5, Sign Contractor ��_ L/�� _ Q z� Name:'RNA e�a.tlo `otlr�Uj0XW S Telephone: Address IFS t 011 U yuoy lc RA U MA i �1 Village: 'M 0%-3zOh `m %►1 S 1 r\ a 01646 Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions,location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? Yes�No� (Note:If yes, a wiring permit is required) I hereby certify that I am the owner or that I have the authority of the owner to make this application,that the information is correct and that the use and c struction shall conform to a provisions of Section 4-3 of the Town of Barnstable Zoning Ordinance. � � Signature of Owner/Authorized Agent: ll t 6 eSC; l Date: 9 Size: -'� �' e�l H 8 '"'d V`S /X �r Permit Fee: . Sign Permit was approved: Disapproved: Signature of Building Official: Date: 0/ Ole. Signl.doc rev.122801 �qi � C ' �' i Imo ' { I � � I bob - �� o�s Nl Kk tit ;'yw. _ :t � •!,�,r�i � a .�' Q s + S 4 N Ii � i. 't 7 • G �r.�, _..... -A i � O �� .�.� �I ,.. ,, _ .� ��,� �-- _ _ . �: � ,- r r • -- _� t - y._�.- ` � ... a2=.., - � 3 a �� o � � . � `� �� '�s`. .,; �i i �� r�rV� .t�,r I :� ��/ � >�� __�_ �!� �� / ��\ / � � � �\�-© � ��~« - % A - « � #�� ' \\ w � �� ` �� % /f� � . ��» ��. � �$2 , aA '�»%* /� - . � ��K.1 , . � «�� \. �� %` /�f �� :. § � � � - � � . , ��2 , °�� }� % � ) ,�� . _ � �;/ �\\/ �� . � - ,®»®�&�.� � � , \ � - / �� - , . 2 , � ° \� � . . � �: . � ~ ��1�— ® § � � a, �,�� a .► .. �. a �� y� � o� 4 . �� , �. � . 89 South St . , C 'Ville fl. . p MR .�' ibi t,• N.w f..�+ M M r_ .k a ' s C�.,ro`w,G`T'4.a[ `.... "• y,i.nC '!i��Y��„� i �1 .�. i �,. .ry »""`.+•-.o.�'.. - a.. '* :�;, `.'�. r `' ; c,..t U.u ro-�S' t .i •r;`a _ - - .. t i. :...c . - -_ a or :,. .y ♦'S ..5'" .r. ,f+ rw•r`°"� '`an �:Y:. (#,a.ri .i 'CN� - „�� g x i^" k� ,� . 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K ^n- �' ��° :s�, c n . ., , ,t x y'`t� `7 "vh .«..a h r .rx, + r -, .�j: °•r sr� :a� 'Ut ' '^ .�:" :$. �' .R,f.Y,�- ,F:., ,:1 Y�Yr'�.�n":..- y:» ,,;d,; :iu. .✓,•7.^s¢'+t' •.a:'.+ :�-�"t, ei � �. - :'1�vi�.I - -�',,..(..1p, _5� 1y. -r - +t *3sis .p,r3�}yr�'�,#,,'Y.�t� •F'.'�"''�.!t �r i, ti•'�� .,�;:�3• x• _r - v' "r ; ra}f ��'«�` + a'�s, .. tee+ '°�. ,er:�' �O'"a+«+;`• �e"' .,a:_ _',�, a .'q a „ �i"�. `�•- .�»,»r<�.''^Y�` i,"}.:f+ � � e y*K^" �'' .. ,sR�.�f '�r✓•{r_ � �:.: '•,'e'`">?+"+ „'1 „.-`- �.` "�; ,�"t3.»' ,�R; r��•.-,.i'�`'."�'.'��+ `�� '�+.-? 3.::�4��',k"hf t "�"' •'� ..s7., ". ..�, Yf°°�'�.r.�� .t „_;;� v may. ,� .i:�. �. � Y �`� � „fir 'r�'b�':"� irM. �.i+��;:u�'a� aM�., � �. ,r:,"�' A � ...� °• ,�-:.�.±"yr� `� v''�" 6� +. �.�'.4 y$ , t �- „`.'�a�!"1,;.•. i,r :.,.,o * .WS�`Y'+µ+ •., ,-v,4 rx s` •'°4 -• ,..,,y,; +"'�°rnr »�..�Y fi_-.+�5'7 w� � �f, .Y y,F*� �,.* »�'��i'. ,'s v TOWN OF BARNSTABLt ' 81 3 Board of Appeals Louis R. Adams ..........................................I........................................................I..................................... Deed duly recorded in the .................................................... Property Owner County Registry of Deeds in Book .............................. Daniel C. Hostetter ........................................I................................................................................................ Page ........................ ............I..........................................Registry Petitioner District of the Land Court Certificate No. ......................... ........................ Book ..................... Page ................. Appeal No. _12.8_1 1_3 .................................... Ap ............ ..�j 1 7........................ 81 .................. 19 FACTS and DECISION Petitioner C, Hostetter ...... filed petition on ........... 19 81 requesting a variance-permit for premises at aq!1j.h �Ma i n Street, in the village ........................................— of e ........................................................... adjoining premises of (sRe attached li .................. stj... ................................ ............................................................................................................................................................................................................................................... .................................................................................................................................................................................................... .................... ................ ......................................... ....................................................................................................................................... ..................................7........................................................................................................................................................................................................................ for the purpose of _.S.p.eci.a.] Rerm.11 to....a1.1jaw...r-bange. of us-e................................................................................. ......................................................................................................................................................................................................................................................... Locus is presently zoned in.............Res C z i' 5 ....................................... ....QUE9 AJ ......................................................................... Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and Cape Cod News by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy -of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was 'held at the Town Office Building, Hyannis, Mass., at ......................M.M. P.M. ..........M.O.Uh 1.3................................. 1981 A upon said petition under zoning by-laws. Present at the hearing were the following members: Richard y ...........I............................. ...P .................. _...Ersuk ..................... .......L.Ukc P La.11Y.............................. Chairman ................... ......................................... ................................................................................... ..... ...........I............... .................. LY } ' At the conclusion of the hearing, the Hoard took. said petition under advisement. A view of the locus was had by the Board. Appeal No.......1311.. 1.3......_._............................ Page .......... .......... of 3.............. On ......Marcfi....19...._.....__._.................................................................. 19 ...._$_).......:, The Board of Appeals found Attr_ Stephen C; ,hones represented the petitioner who seeks a special permit for a change of use at Louis Adams' garage on So. Main St. , Centerville in a residence C zoning district. In the late 1920's , a service station was established at this location and a license still exists for the sale of gasoline and automotive supplies. The rear portion of this structure is rented out to Sears Auto for the storage of automobiles and motorcycles. The Board established the legality of the existing non-conforming use at the time of the decision on a prior petitioner who w-as denied a change of use to allow condominium construction. The petitioner will not make any exterior structural change to the building other than upgrading it as shown on the plan submitted with the filing and a general store would be located in the area presently used for the garage. There would be office space along with some retail use in the area now used for storage. The two existing apartments would be -upgraded. The site plan and interior floor plans were explained to the Board members by Mr. Jones and the petitioner plans to spend in excess of $100,000. to upgrade and renovate this property. This now rather decrepit looking building would have an attractive colonial design as shown on the plan and would be an asset to the neighborhood. The petitioner will not create any additional non-conforming uses but will replace existing uses on a one to one basis. Therefore, there will be compliance with Sec. G. , para- graph B. of the zoning by-laws. ' Hours of operation for the store and self-service gas station will be from 7:00 a.m. to 11 :00 p.m. , seven days a week. Mr. .Royden Richardson spoke in favor of the petition along with Francis Bearse who felt this use would be an improvement to the neighborhood. Rene Adams said that he did not object to the petition or change but he was concerned that if gravel is used on the driveway it would create objectionable noise when driven over by the patrons of this proposed retail use. Mr. Adams also asked that the existing trees to the rear of the property be retained in their natural state so that they will provide a buffer between the commercial use and the abutting residential use. Mr. Hostetter explained that he intended to construct the driveway into and around the building , of asphalt, T but that he intended to use stone dust in the parking areas because of its aesthetic value. No one spoke in objection to the petition and the Board took the matter under advisement. The Board found that the petitioner seeks a change of a legally existing non-conforming (continued) nn nn I, ./*UN£_.._... d N_.... ........................ .? Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty-one (21) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this ..y_, .........day of,.......... ........ 19 ................. uid r' the pains and penalties of perjury. Distribution:— PropertyOwner ................................................................................................. Town Clerk Board of Appeals Applicant Town of le Persons interested Building Inspector Public Inl:urriratiorr By ................ .. ............._............... Board of Appeals Chairrrrrn F4� Pub BOARD O APPEALS LS 7 ABSlT�DL i 7 ilY& y �0 MAY to,. Appeal No. 1981-.13 Page 3 of 3 use consisting of a gas station, apartments and storage rental to a use not sub- stantially more detrimental to the neighborhood than the existing use and in keeping with the spirit and intent of the zoning bylaws by special permit under Sec. P, (61 of the towns. zoning by-laws.. The Board found that the proposed change of use would be less detrimental . than an intensi.f'icati:on _of the existing gas, station and repair use over which the Board would have no control and the petitioner will substantially upgrade- this building so that its architectural style will be in keeping with the residential neighborhood in which it is located. In addition , a country store along with the sale of gasoline will provide a needed amenity to the neighborhood. The Board voted unanimously to grant the petitioner a special permit subject to the following restrictions, l .. Renovation of the existing building shall be in accordance with the plans submitted and r-i.ted as follows: Adams Country Place - Prepared for Daniel Hostetter, Centerville, Mass. by R.L. Seaberg Assoc. , Inc. Norwell , Mass.. dated 3/3/81 ." 2. The existing vegetation to the rear of the building shall remain as a buffer between the commercial use and the abutting residential use. 3. The driveway around the existing building shall be constructed of asphalt paving and the parking areas may be constructed of stone dust or other suitable pervious materi'al .. 4. The areas around the store shall be landscaped as shown on the plan cited under restriction #1 and in no areas shall asphalt paving directly abut the building. 5. Hours of operation shall be limited to 7:00 a.m. to 11 :00 p.m. , seven days a week. TOWN OF BARNSTABLE -J.-SIGN PERMIT PARCEL ID 228 127 GEOBASE ID 14002 ' ADDRESS 89 SOUTH MAIN STREET PHONE Centerville ZIP LOT 1 BLOCK LOT SIZE DBA DEVELOPMENT .._ DISTRICT CO PERMIT 16475 DESCRIPTION BIRTHRIGHT OF CAPE COD (4-1/2- & 4- SQ.FT. ) PERMIT TYPE BSIGN TITLE SIGN PERMIT -CONTRACTORS: Department of Health, Safety r RCHITECTs: --x and Environmental Services yTOTAL FEES: $20 00 TM1E aD�.� ... $.00 ox C�C}NSTRUCTfgs POSTS $.00 753 MI-SC, NOT"COl?ED ELSEinTHERE ; # 1ARATSTABM w MA83. OWNER HOSTETTER, PRISCILLA ADDRESS HIRSHBER VED E G AL I N B N11� .770A MAIN ST ,�=-f��---•�., "` OSTERVILLE MA LDI DIVISION BY DATE ISSUED 07/11/1996 EXPIRATION DAT r a jLown o aims V{ t no. Department of Health, Safety and Environmental Semces� ARMUMEM _ Building Division gate 367 Main Street,Hyannis MA 02601 Y� fee �r✓V Application for Sign Permit Applicant: rr I1 r � Assessor's no. 72 l Doing Business As: CC Telephone 7l - I Ma Sign Location , street/road: 9 oIle— G 37 - r Zoning District Old King's Highway District? yes no Property Owner / Name: Telephone 6-n 9' - LloG- 614 Address: if-ad.!2 Village �.tfee�✓i �� Sign Contractor /'/ Name: �j G `1 Telephone 7 7/ `t `� 616 Address: 6, 0 u�G ��I Village Wtln Description Diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sig; to be drawn on the reverse side of this application. Is the sign to be electrified? yes no (Note: if yes,.a wiring permit is required) I hereby certify that I am the owner or that I have the authority or the owner to make application, that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinances. D#e , Signature of Owner/Authorized Agent Size (sq. ft.) Permit Fee �G . Sign Permit was approved: disapproved: 7- 5F -�G Date Signature o uilding Official , v IleY i S woo l 9f c e— -ei �e 61/ 4T .1 13 �� CIF ZME�q� -'i►�: The Town of Barnstable • s�xrrsrna�, • NAM Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 28, 1996 Cyynthia McShane 260 Castlewood Circle Hyannis, MA 02601 Re: Site Plan Review Number 12-96 Complexions 89 South Main Street, Centerville Dear Ms. McShane: The above referenced site plan is approved. Please be informed that you must comply with any conditions listed on the Certificate of Review and that a building permit is necessary prior to an construction. Upon completion of all work, the leUer of certification required by section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Should you have any questions, please feel free to call. Res ectfully, Ralph Crossen Building Commissioner RMC/car enc. S01091C SPR Agenda 2/15/96 Site Plan Review Meeting To Be Held February 15, 1996 9:00 A M- Selectmen's Conference Room PLEASE NOTE CHANGE IN SCHEDULE NOTE: A STAFF MEETING WILL BE HELD FROM 8:30 - 9:00 A.M. Agenda: 9:00 A M SP-08-96 Simoneau, 38 Pine Grove Ave., Hyannis, 290/159. Proposal: Maintain multi-family dwelling. Status: Comments due February 9. Action Due: March 1, 1996. 9:30 A M SP-09-96 Centerville Mobil, 1734 Falmouth Rd./Rte. 28, Centerville, 189/132. Proposal: Replace service bays with mini-mart. Status: Comments due February 9. Action Due: March 6, 1996 Informal 00-113 Banana Bill's, 239 Iyanough Rd./Rte 28, Hyannis, 328/206. Proposal: Replace one retail operation for another, electronics for produce, free standing sign. Awaiting Staff Comments or Additional Information from Applicant SP-96-95 Nelson/Horsley, 1611 Main St., W. Barnstable, 197/043 & 045. Proposal: Retail shop & offices. Status: Referred to CC Commission. Action Due: Suspended. SP-01-96 Cumberland Farms Inc., 1171 Iyannough Rd./Rte 132, Hyannis, 273/083. Proposal: Reconfigure&upgrade site in order to operate mini mart. Status: Comments due January 22 Action Due: February 9, 1996. New Plans Received:, i SP-10-96 J. Whyte R. T., 159 Ocean St., Hyannis, 326/039. Proposal: Seek variance allowing parking lot on site. Status: Comments due February 16. Action Due: March 8 1996. 1 -- A .r SPR Agenda 2/15/96 SP-11-96 Mid-Cape Communications, 2015-2059 Service Rd., Centerville, 214/008,40. Proposal: Replace existing tower with 420' tower. Status: Comments due February 16. Action Due: March 8, 1996 y/ SP-12-96 Complexions, 89 South Main Street, Centerville, 228/127. Proposal: Intensification of use& free standing sign. Status: Comments due February 21. Action Due: March 12, 1996 SP-13-96 Bornstein, 285 North Street, Hyannis, 308/073-2 �— z Proposal: Intensification of use. Status: Comments due February 23. ,p ,�• �� Action Due: March 14, 1996 SP-14-96 Austin Assisted Living, 3401 Main St., Barnstable, 299/044-1 Proposal: Convert nursing home into assisted living facility. Status: Comments due February 23. �G ,� Action Due: March 14, 1996 SP-15-96/45-95 Harley Davidson, 151 Iyanough Road, Hyannis, 328/157. Proposal: Motorcycle rental agency, free standing sign? Status: Comments due May 10, 1995. Action Due: June 8, 1995. Action Taken Last Meeting: SP-07-96 New England D. J. Supply, 300 Falmouth Rd., Hyannis, 293/031. Approved with conditions. SP-05-96 Cape Cod Cooperative Bank, 1211 Main St./Rte 6A, W. Barnstable, 178/003. Approved. SP-06-96 Ritterhaus, 279 Gosnold St., Hyannis, 306/181. Approved for review by ZBA with conditions. SP-86-95 Cape Cod Academy, 50 Osterville-W. Barnstable Rd., Osterville, 120/145 & 146. Approved with conditions. 2 YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost$30.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission to operate.) Business Certificates are available at the Town Clerk's Office, 1"FL., 367 Main Street, Hyannis, MA 02601 (Town Hall) ! r DATE:_J1k115q Fill in please: // APPLICANT'S YOUR NAME: Llrrd/' ZCQ,001d BUSINESS YO R HOME ADDRESS:f 4rrs Que. / Q 2lbv i TELEPHONE # Hom Telephone Number D��79Q: P�N' G.,BU'Sf A r � E NE;�I�/.r� •�1"r i 1 S'.. d�°_' r ,a•� a'�Cr:,�. t ,p.' o -:A h .i, .it.. 1:.P .%"" 53 .to'n^�r a u.- ✓ bF' � ' r�- IS�TH �H 2 t t J 3{x i [ e•J3 .S. ; . �� . s e .� • „... ,,.....,.....;,..,. ....., , ,.,-,..� -t., .:. : ?.& ..,5• < . -t,;;. 4+ .r,..:,. A. 1x. „;. ,�; sc.r,t' c...C,....w+'�n. .:.-.p3''�k..�...�. s- ... -, �! ..' �.. ADDRESS OF BUSWESS r��.Saua �� Ce-n ds. _ / �� When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COMM ONER'S FICE This individu h s e r e f any permit re uig re_t'nts that pertain to this type of business. Au horized i ature** r ' Iv COMMENTS: O /�/ . 2. BOARD OF HEALTH This individual has beenjqWmed of the pe mit requirements that pertain to this type of business. Auth ri edSign ture** COMMENTS: 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature* COMMENTS: I Jefferson Group Architects, Inc. Wayne J. Jacques, AIA CONSTRUCTION CONTROL AFFIDAVIT Project: New England Society for Abandoned Animals -Animal Shelter South Main Street, Centerville, MA 02632 In accordance with Section 116.2.1 of the Massachusetts State Building Code, 780 CMR, 7th Edition, I, Wayne J. Jacques, Massachusetts Registered Architect/Engineer #6935 of Jefferson Group Architects, Inc„ hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specification concerning: Entire Project _X_ Architectural _X_ Structural Mechanical _ Fire Protection_ Electrical Other(please specify) For the above named project and to the best of my knowledge, such plans, computations and specifications meet the applicable provisions of the Massachusetts Building Code 7th Ed., all acceptable engineering practices and all applicable laws and ordinances for the proposed use and occupancy. I further certify that I shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to determine that the work is proceeding in accordance with the documents approved of the building permit and shall be responsible for the following as specified in Section 116.2.2; 1. Review, for conformance to the design concept, shop drawings, samples and other submittals, which are submitted by the contractor in accordance with the requirements of the construction documents. 2. Review and approval of the quality control procedures for all code-required controlled materials 3. Be present at intervals appropriate to the stage of construction, to become generally familiar with the progress and quality of the work and to determine, in general, if the work is being performed in a manner consistent with the construction documents. Pursuant to Section 116A, 1 shall submit periodically, a progress report together with pertinent comments to the town of Hyannis Building commissions. Upon satisfactory completion of the work, I shall submit a final report as the satisfactory completion ad readiness of the project for occupancy. �0 N J4 June 11, 2009 O 1 L SIGNAT SEAL DATE NO.06M SOSTON MA J 700 School Street Of MASS Pawtucket, RI 02860 u (401) 721-2245 Fax (401)21-2238 Construction Control Affidavit- MA.doc - FA - TOWN. OF BARNSTABLEB"I oFt�E, ding Application Ref: 200902171 • BARNSTABLE, Issue Date: 06/15/09 Permit 9 MASS.. �A i639• Applicant: OCEANSIDE CONSTRUCTION&DEV rF0 MA'I A Permit Number: B 20090993 Proposed Use: MIXED USE RETAIL&RES Expiration Date:. 12/13/09 Location 89 SOUTH MAIN STREET Zoning District RC Permit Type: COMMERCIAL ADDITION ALTERATION Map-Parcel 228127 Permit Fee$ 1,142.00 Contractor OCEANSIDE CONSTRUCTION&DEV Village CENTERVILLE App Fee$ 100.00 License Num 48102 Est Construction Cost$ 60,000 wc" Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND INTERIOR BUILDOUT 2,232 NEW ENGLAND SOCIETY FOR THIS CARD MUST BE KEPT POSTED UNTIL FINAL ABANDONED ANIMALS INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY,IS REQUIRED,SUCH Owner on Record: HOSTETTER, PRISCILLA.M TR BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL .Address: 770A MAIN ST INSPECTION HAS BEEN MADE. OSTERVILLE, MA 02655 , Application Entered.by: JL Building Permit Issued By: THISTERMIT CONVEYS NO RIGHT TO OCCUPY•ANY,STREET Ak L:ORFSJDEWAEK OR.ANY ART TFIEWFTI R'TEMPORARILY OR.PERMANENTLY: ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY,THE JURISDICTION. STREET ORALLY GRADES AS WELL AS DEPTH AND LOCATION,,OF PUBLIC,SEWERS'MAY BE`OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM,THE'CONDI.TIONS OF ANY APPLICABLE SUBDIVISION'RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1. FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4..PRJOR TO COVERING STRUCTURAL,MEIvIBERS(READY TO LATH). - 5. INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 7)2-q 01 3 v 1 Heating I. ection Approvals Engineering Dept -- T F' e e t A 2------- I Bo rd VL 6-5 o � r , Jefferson Group Architects, Inc. Wayne J. Jacques, AIA ISD AF 8 ARCHITECTURAL FINAL AFFIDAVIT To the Inspectional Services Commissioner: I certify that 1, and/or my authorized representative,have inspected the work associated with Permit No.2eeQ o2"t ( datedC-US-69 , for a building to be occupied by The New England Society for Abandoned Animals located on South Main Street, Osterville,MA, on the dates noted below during construction,and that to the best of my knowledge,information, and belief the work has been done in conformance with the permit and plans approved by the Inspectional Services Department and with the provisions of the Massachusetts State Building Code and all other pertinent laws and ordinances. '"`R Wayne J. Jacques,AIA, J4 cam, Architect—Mass.Reg.No.6935 Q g ..06935 Jefferson Group Architects.Inc. BOA 700 School Street,Unit 2 Pawtucket,RI 02860 401-724-2245 Inspection Dates: 2-2-2010 Then personally appeared the above-named and made oath that the above statement by him is true. 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