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4339 FALMOUTH ROAD/RTE 28
3q i E IS I i u8t 167 51 �. " !! Lac ! oll 1 - I � LC1 r �acr�-t` � C -�..C✓� W 3 I 4 Fallure topo � MrssaohssottsStatsAuifdln0 { COMMONWEALTH DEPARTMENT OF PUBLIC SAFETY _ aatJOD �eIscsuseforreso I -.. OF.. .... ONE ASHBORTON PLACE,_ �epispoeoM. .__. - MASSACHUSETTS BOSTON,MA 02108 LICENSE CAUTION EXPIRATION DATE CONSTR. SUPERVISOR FOR PROTECTION AGAINST I R05 ESTR C9I11 99012,4 7 EFFECTIVE DATE LIC-NO. THEFT, PUT RIGHT THUMB NONE o 06/30/19--3 005500 BOX ON LICENSE. o PRINT IN APPROPRIATE f 0 DAV4D C SCHAFER z 251 CAPN LIJAHS RD g BLASTINGOPERATORS z CENTERVILLE MA 02632 m MUST INCLUDE PHOTO. � m PHOTO(BLASTING OPR ONLY) Fib 0.0 �j NOT VALID UNTIL SIGNED BY LICENSEE AND OFFICIALLY 44 HEIGHT: STAMPED-OR-SIGNATURE OF THE COMMISSIONER C J THIS DOCUMENT MUST BE « SIGN NAy���g��Jp��r�./�.�/�'LL ABOC ATURE LI St ATURE OF LICENSEE F�+� CARRIED ON THE PERSON OF � THE HOLDER WHEN EN- MISSIONER_r a D I OTHERS-RIGHT THUMB PRINT GAGED IN THIS OCCUPATION. � /M,II! - _ j� . • S Assessor's office(1st Floor): ���I/ �� "i1 SEPTIC SYSTEM M Assessor's map and lot number i "7` L7 T I ConservationINSTALLED IN CO e WITH TITL Board of Health(3rd floor) Sewage � G0 $��46 ENVIRONMENTAL Sewage Permit number ,-- Engineering Department(3rd floor): TOWN REGULA _ 39' House number atr Definitive Plan Approved by Planning Board 19 APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only. TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO � � �� "7 c�i e� ✓� 2._ TYPE OF CONSTRUCTION _ W Ood� —�✓a�v,-�� ,s TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location / '""° . Proposed Use Q 42 y,v VeA le Zoning District „ Fire District Name of Owner I v. Name of Builder , S �. a�-�. Address ZS C �o, L: s a ''\ C,W T Name of Architect Address Number of Rooms Foundation Exterior [-Aida 5"L L j Q-� Roofing — A.s_ 5: •h��E Floors / Interior f H Heating H T,)-j Plumbing h a �- Fireplace Approximate Cost /NZ Area 12 Diagram of Lot and Building with Dimensions Fee OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name Construction Supervisor's License V SS TWYEFFORT, FRANK. H. •� No 36029 permit For BUILD GARAGE . Accessory to Dwelling Location 4339 Falmouth Road Cotuit Owner Frank H. Twyeffort " Type of Construction Frame Plot Lot T Permit Granted July 16, 19 r 93 Date of Inspection 19 Date Completed 19 y .3 • CAS s:% � .•• - - t 3 �a `'A ! _ 4 Town of Barnstable Building Department FTNE Tp� o Brian Florence,CBO ig Building Commissioner BARNSTABLE, ' 200 Main Street,Hyannis,MA 02601 y ntAss. $ 1639• A. www.town.barnstable.ma.us ATED MA'S , Office: 508-862-4038 Fax: 508-790-6230 Approved: Fee: Permit#: ' (� HOME OCCUPATION REGISTRATION ` Date: l ,— Name: Phone Address: ! � - /7�1J Village: r Name of Business: Type of Businessj� 1 �(/�7f CL- .�✓Iap/Lot: O�L� �/ INTENT: 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 anything other than a residential use;no increase in traffic above normal residential volumes;and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the Q C � following conditions: ;� r • The activity is carried on by the permanent resident of a single family residential dwelling unit,located. CO Cn -4 within that dwelling unit. Z 0 0 • Such use occupies no more than 400 square feet of space. D p ic • There are no external alterations to the dwelling which are not customary in residential buildings, and there< X "D is no outside evidence of such use. A a -< • No traffic will be generated in excess of normal residential volumes. GO C � • The use 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. Z O = • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess rZ 0 of normal household quantities. Z • C • Any need for parking generated by such use shall be met on the same lot containing the Customary Hom D M . Occupation,and not within the required front yard. C • There is no exterior storage or display of materials or equipment. • There are no commercial vehicles related to the Customary Home Occupation,other than one van or one M D pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to o .-1 exceed 4 tires,parked on the same lot containing the Customary Home Occupation. O • No sign shall be displayed indicating the Customary Home Occupation. Z • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. ` 1,the undersigned,have read and agree wit e res 'ctions for my home occupation I am registering. Applicant: if' Date: Ze e g Homeoc.doc Rev. 1 Town of Barnstable Building Department Brian Florence, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma,us Pre-application for Business Certificate Date b g Map 09!JL_ Parcel D 6 7 Applicant Information Applicants Name Applicants AddressJE Email Address Telephone Number Listed ❑ Unlisted Business Information New Business? Yes ----------------- '------------------ No Business is a registered corporation? ________________________. Yes r If yes Name of Corporation - Does business operate under the registered corporate name? Yes No Is the business a sole proprietorship or home occupation? _______ es No If yes then a Home Occupation Registration is required—See Building Division Staff Name of Business y5 //�/'i/y�,G , Business Address Type of Business Building Commissioner Office Use Only Conditions 'Vv�s 0 ' Building Commissioner Date (O (o (g Clerk Office Use Only October 5th,2018 Hi Brian, Scotty-the-music-teacher here. Thanks for speaking with me the other day. Hope your family funeral went as well as can be expected and your family is feeling OK. Your information on my business permit request was correct from the point of view that I was initially coming from,but when consulting with Robin,Ellen and Anna,we discovered that there might be a less complicated way forward. I was initially suggesting that I be granted a special permit that would also allow for a sign. You were correct in suggesting that would be a complicated process where I would benefit from having a lawyer present when going up before the zoning board. But the ladies and I determined that I might be able to get a simple business permit by right if I aban- doned the sign issue for now. In fact it was suggested that it could be as simple as filling out a request form, securing a plot plan,writing a letter to you explaining my circumstances and paying a$100 fee. The ladies thought that you might be able to sign off on this personally and I wouldn't even have to go before the zoning board. I'm hoping this information is accurate. The ladies did however note that in order to obtain the permit, I would have to be in full compliance of all the regulations in Chapter 240. Zoning, Article V.Accessory Uses, S 240-46. I am confident that I meet all these requirements and have specifically addressed them in page 2 of my letter to you. The ladies could think of no other issues that would disqualify me from obtaining said permit. I will set up an appointment with your office when you have returned from your trip so that I can present you with this documentation. Thanks for your consideration. Happy trails, Scotty West 4339 Falmouth Rd. Cotuit,MA 02635 508-775-8950 auguitar@capecod.net 1 October 4th,2018 '-Greetfhgs Commissioner Florence, How do you do. My name is Scotty West. I have been a private music teacher in Barnstable for some 34 years now...first as head of music education at Charlie's Music Store in Hyannis and then for the past 7 years as proprietor of Scotty's Music School at 4380 Falmouth Rd. (Rte 28)in Cotuit. You might know the property. It's quite unique with it's solarium ... and right next door to the Cotuit Center For The Arts. It has been the perfect place for my business and Jeannie and I lived there as well. But recently our landlords decided to put the property up for sale. We were very sad to hear this. I contacted my friend Stephen Whalen who is in real estate and asked if he could help us find a new loca- tion. Almost miraculously,he emailed me the very next day and informed us that the house almost diagonally across the street from us (4339 Falmouth Rd.)was available and at-the same rent we were paying at 4380. It was in the same zone too so there was every reason to believe I would be able to set up shop there. We couldn't believe our luck! This part of Barnstable is in an"RF"zone which,as I understand it,means that it is primarily residential but one can operate a business out of ones residence if one secures a business permit from the town. I understand that to secure this permit, I must be in compliance with Chapter 240. Zoning,Article V.Accessory Uses S 240-46. I believe I am in full compliance with these regulations. On page 2 of this letter, I address each of these stipulations. My business has been in continuous operation for 34 years now...including these last 7 years at 4380 and in all that time there has never been ONE SINGLE COMPLAINT about noise, traffic or indeed anything else. I am very proud of my career and run my business with the highest integrity. I've provided a quality educational experience to literally THOUSANDS of happy students over these many years. The local music scene is peppered with former students of mine and some have gone on to become celebrated regional,national and even international artists and educators. I feel my business has been a true asset to the local culture and community. Indeed it would seem to me to be the type of business that the town would likely ENCOURAGE and I would like to be able to continue in that manner. There have been other businesses here at 4339. The lady who previously owned the property had a "scrap booking"business here and sold supplies and apparently taught classes with as many as 20 people attending. You might have noticed her sign. We have a large parking area here ... certainly suitable for my traffic flow. I do NOT teach classes ... only private one-on-one lessons ...so one car arrives and one car leaves per hour. I currently have about 20 students. And it's not like we would be adding any noise or traffic to the neighborhood as we have been operat- ing this IDENTICAL business just three houses away for the past 7 years. All our neighbors have become friends of ours and say they will be happy to write letters of recommendation on our behalf. In fact our neighbor to the east these past years has been Mike Sweeney... recently retired from a high-up position at Housing Assistance Corporation. So thanks for your consideration. We're hoping you can see your way clear to grant us a permit to continue providing our educational services to the community here in Cotuit. Scot West Scotty M n a y.thank s, 4339 Falmouth Rd. Cotuit,MA 02635 508-775-8950 auguitar@capecod.net STATEMENT OF COMPLIANCE WITH CHAPTER 240. ZONING . ARTICLE V. ACCESSORY USES S 240-46 1)The activity is carried on by the permanent resident of a single-family residential dwelling unit located within that dwelling unit. Jeannie and I live here. We signed a two year lease and intend to renew as long as we can. 2)The activity is a type customarily carried out within a dwelling unit. I have knowri dozens of private music teach- ers who teach out of their homes. 3)Such use is clearly incidental to and subordinate to the use of the premises for residential use. This house is roughly 2,000 square feet and my business occupies roughly 250 square feet. 4)Such use occupies no more than 400 square feet. I have an 11'x12'waiting area and an 11'x12'teaching area for a total of 240 square feet. 5)There are no external alterations to the dwelling which are not customary in residential buildings and there is no outside evidence of such use. As you can see in the attached photos,there is no outside evidence of the business. 6)The use is not objectionable or detrimental to the neighborhood and it's residential character. After 34 years in this business,we have never had one single complaint about appearance,traffic or noise in any of our locations. 7) No traffic will be generated in excess of normal residential volumes. I do not teach classes...just one-on-one private music lessons. One student arrives and one student leaves per hour. I currently have about 20 students. 8)The use does not involve the production of offensive noise,vibration,smoke,dust or other particulate matter, odors,electrical disturbance,heat,glare humidity or other objectionable effects. My teaching area is well insulated and we do not practice at high volumes. I have never received a single noise complaint. 9)There is no storage or use of hazardous materials or flammable or explosive materials in excess of normal house- hold quantities: Absolutely not. 10)Any need for parking generated by such use shall be met on the same lot containing the customary home occupation and not within the required front yard. We have a large parking area(see attached photos). With just one student arriving at a time,there is never a parking issue. 11)There is no exterior storage or display of materials or equipment.Absolutely not. 12)There are no commercial vehicles related to the customary home occupation other than one van or one pickup truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed four tires, parked on the same lot containing the customary home occupation.I have a small Chevy Astro van. 13) No sign shall be displayed indicating the customary home occupation. There will be no sign. 14) If the customary home occupation is listed or advertised as a business,the street address shall not be included. The street address will not be included. 15) No person shall be employed in.the customary home occupation who is not a permanent resident of the dwelling unit. Mine is a sole proprietorship. I am the only teacher here. 16)Customary home occupations shall not include such uses similar to and including the following .:.My private music lesson business does not relate in anyway to the forbidden uses listed here. SCOTTY WEST 4339 Falmouth Rd.Cotuit, MA 508-775-8950 auguitar@capecod.net �q�„---�'°' •-...,.;.>....,.e.—.s., ". a„_'_��..�..a. T _=-tee. - Fild It I 4339 Falmouth Rd +.f Cotuit, MA tl` rl R � � � •+ram FF JA WAITING AREA - 11' x 12' !-- TEACHING AREA 11' x%12' - ti/ . A., Y — .Z m , a o t :'�` .._„w,_ e r ;'fir+•.*. *Hwy ;� � -. Y� -� �. � y '_'^� °4s;5 .. Y - •_,ems w ~� ,1"�' fE hAV�' _.. k •.u:� Notea1r�nrple P'... J� OJ8�0�tIc CB/SEAL^D 2 Q di p UP/J331251 ]�T JJ L�.U' 1 r MHC Basin .'`" 69.3, �O Gas. \ W 39.3'` CB,F'ND s • WN I NO �_ :r P o o Paved \ Drive .P• ', #4JJ9 7' Deck Lot 9 t S.F. Z . . Sep tic 25,000 wN aoo 0°57t AC. \. P• C812)H1F7VD P Garage 0 125 0 5k TOWN OF BARNSTABLE ZONING BY—LAW ZONE RF STREET ADDRESS: #4339 FALMOUTH ROAD ASSESSORS' MAP 24 PARCEL 67 SETBACKS : OWNER: MICHELLE GARLAND FRONT = 30 PLAN REF: TUBE 167 . SIDE 15' DEED REF: BK. 12690 PG 304 = REAR = 15' I CERTIFY THAT TO THE BEST OF MY PROFESSIONAL PROPERTY LINES SHOWN HEREON KNOWLEDGE, INFORMATION AND BELIEF THE DWELLING WERE COMPILED FROM AVAILABLE SHOWN HEREON CONFORMS TO THE HORIZONTAL SETBACKS PLANS OF RECORD AND DO NOT OF THE ZONING BY—LAW FOR THE TOWN OF BARNSTABLE. REPRESENT AN ACTUAL SURVEY ON THE GROUND. THE DWELLING DEPICTED ON THIS a�`J`t"oFMas.,cs PLOT PLAN PLAN WAS LOCATED ON THE GROUND ° TERR IN BY SURVEY ON OCT. 4, 2007 AND $ A WARNER EXISTS AS SHOWN AS OF THE DATE No.38721 BARNSTABLE, MASS OF LOCATION. SCALE. 1"=30' OCT. 8, 2007 THIS PLAN IS FOR PLOT PLAN TERRY A. WARNER, P.L.S. PURPOSES ONLY. O n� 22 LONG ROAD l V HARWICH, MA. 02645 (508) 432-8309 r 0 30' 60' 90' THIS PLAN IS VOID IF NOT STAMPED AND SIGNED IN RED. PROJECT NO. 07-285 C _ � rw i BARNSfABU, MM& Town of Barnstable Zoning Board of Appeals Decision and Notice Special Permit=2007-114 — Garland Section 240-46- Home Occupation To Operate a Scrapbook Studio in the Dwelling Summary: Granted with Conditions Petitioner: Michele L. Garland Property Address: 4339 Falmouth Road (Route 28), Cotuit, MA Assessor's Map/Parcel: Map 024, Parcel 067 Zoning: Residence F Zoning District . Relief Requested and Background: The property is a 0.57-acre lot developed with a three bedroom, one story, single-family dwelling consisting of 1,919 sq.ft. and a detached two car garage consisting of 864 square feet. The petitioner, Michele L. Garland, is seeking to utilize,a 336 square foot area attached to the dwelling as a scrapbook studio home occupation in order to teach and assist groups in the construction and designing of scrapbooks, and to sell materials for scrapbooking. The home occupation area was originally a one car attached garage that had been converted to finished living space. The property has been before the Board on two prior occasions for a home occupation for which ` permits were granted. They were; Special Permit 1989-011 issued to Bernard Bergeron for a dog grooming occupation and Special Permit 1992-033 issued to Frank and Patricia Twyeffort,Jr., for an antique shop. A site plan was reviewed and an approval letter issued by the Site Plan Review Coordinator on October 25, 2007. Apparently,the petitioner's occupation concentrates on instructions to small groups, school children, scouting, church, community and neighborhood groups of all ages in the art of scrapbooking. Instructions are now given outside of her home at small gatherings and at her business/retail store in Cotuit which she intends to vacate. As a side to those instructions, she provides materials to the classes and scrapbooking items and papers for retail sales. Procedural & Hearing Summary: This appeal was filed at the Town. Clerk's office and at the office of the Zoning Board of Appeals on November 2, 2007. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened December 5, 2007, at which time the Board found to grant the home occupation special permit subject to conditions. Board Members deciding this appeal were, Ron S.Jansson,James R. Hatfield, Jeremy Gilmore,John Norman, and Chairman - Gail C. Nightingale. Attorney Mark H. Boudreau represented the petitioner who was also present at the hearing. Attorney Boudreau gave a brief history of development and use of the lot. He cited that Ms. Garland now is operating her business, "Simply Scrapbooking Co.", from an existing nonconforming site located on Route 28 just west of this location. r ' Town of Barnstable-Zoning Board of Appeals-Decision and Notice Home Occupation Special Permit No.2007-114—Garland The business is not intense and is in keeping with that of a home occupation. The retail sales accounts for approximately 20% of the business. The remaining 80% is that of teaching and instructions. Much of her business is done off-site in small groups. She normally limits classes to 6 or 8 individuals and operates Monday through Sunday from 9 AM to 7 PM depending upon demand and her own schedule. She does not now have employees, but may in the future. The Board noted that the intent of the home occupation provision was to accommodate just such a business use. Attorney Boudreau and the Board discussed signage and it was determined to let that issue be addressed by the Building Division as an existing sign post is located on the property. Photos of her existing sign were shown and the Board determined that it met the area limitation and could be reused in the home occupation. Public comment was requested and no-one spoke at the public hearing. Chairman Nightingale cited that letters had been submitted.in support from;Margie Berkley,Susan Blanchette of 1690 Newtown Road Cotuit, Jessica Hunt of 99 Phinneys Lane, Centerville, and Janet Connolly-Service Coordinator, LIFE, Inc. Findings of Fact: At the hearing of December 5, 2007, the Board unanimously made.the following findings of fact: 1. Appeal 114 of 2007 is that of Michele L. Garland petitioning for a home occupation special permit pursuant to Section 240-1.25.C. The petitioner seeks the permit in order to operate a scrapbook studio from her home located at 4339 Falmouth Road (Route 28), Cotuit, MA. The property is shown on Assessor's Map 024 as Parcel 067. -It is in a Residence F Zoning District. 2. The property is a 0.57-acre lot. It is.developed with a three bedroom, one story, single-family , dwelling and a detached two car garage. The petitioner, Michele L. Garland, recently purchased the home as evidenced by a deed submitted showing it was recorded on November 1, 2007, at the Barnstable Registry of Deeds in Book 22447 page 253. Ms. Garland seeks to utilize the 336 sq. ft. area attached to the dwelling as a scrapbook studio home occupation in order to teach.and assist groups in the construction and design of scrapbooks as well as retail sale of materials for scrapbooking. 3. The property was developed in 1989. The area being proposed for the home occupation was originally a one car attached garage that had been converted to finished living space. The property has been before the Board on two prior occasions and at both times a home occupation special permit was issued. They were; Special Permit 1989-011 issued to Bernard Bergeron for a dog grooming home occupation and Special Permit 1992-033 issued to Frank and Patricia Twyeffort,Jr., for an antique shop home occupation. 4. In 1995, the home occupation provisions were amended to allow as-of-right home occupation in all zoning districts.,;:�,The as=of=rightihome occupation essentially allowsonly for a-personal home office with,no-vlsitors-to-the:premises? However, within the Residence C-1 and F Zoning Districts a petitioner can also secure a special permit for a home occupation that was intended to allow more that just a personal office. It is this permit which the petitioner seeks. 5. The petitioner was before Site Plan Review and a site approval letter has been issued. The property is already developed as shown on that site plan as it had been previously used for sales of antiques. The layout is sufficient for the petitioner's intended use. 6. This application falls within a category specifically excepted in the ordinance for a grant of a special permit and the petitioner has met all of the requirements of Section 240:46 for a home occupation by special permit 2 F' J Town of Barnstable-Zoning Board of Appeals-Decision and Notice Home Occupation Special Permit No.2007-114—Garland 7. Based upon the evidence presented, the activity will not be discernible from outside the dwelling; It will not result in noise or odor; there is no proposed alteration to the premises that would detract from its residential character; The home occupation will not increase traffic above normal residential volumes for the area; and does not result in any increase in pollution; therefore, 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. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the home occupation special permit, subject to the following conditions: 1. This permit is issued to Michele L. Garland for property addressed as 4339 Falmouth Road (Route 28), Cotuit, MA. The permit authorizes the petitioner to operate a scrapbook studio home occupation from the premises, including classes and accessory sales of scrapbooking materials to those attendees from the premises. Thiss permit is non-transferable_and'is conditioned'upon-the petitioner residing in•the dwellin�The permit is subject to full compliance with Section 240-46 and all added conditions'hefein. . 2. There shall be no advertising of the retail sales of scrapbooking materials from this location. Retail sales shall be accessory to the instruction activity. 3. The applicant shall encourage car pooling when groups congregate at this location. 4. The maximum numbers of people permitted in a class at any one time at this location shall be limited to not exceed 12. The vote was as follows: AYE: Ron S.Jansson,James R. Hatfield, Jeremy Gilmore, Kelly Kevin Lydon, Gail C. Nightingale NAY: None Ordered: Home Occupation Special Permit No. 2007-114 is granted with conditions. 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 in the Barnstable Town Clerk's office. If no appeal is made and upon certification by the Town Clerk, this decision must be recorded at the Barnstable Registry of Deeds for it to be in effect. Notice of that recording shall be submitted to the Zoning Board of Appeals office. The relief authorized by this decision must be exercised within one year. 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 pe Cj u ry. Linda Hutchenrider- C Town Cl erk erk Anderson, Robin From: Florence, Brian Sent: Tuesday, November 06, 2018 2:13 PM To: Anderson, Robin ' Subject: FW: 4339 Falmouth Road FYI From: Florence; Brian Sent: Tuesday, November 6, 2018 2:13 PM To: Brigham, Anna ; Cc: Weil, Ruth; Jenkins, Elizabeth Subject: 4339 Falmouth Road Hi Anna, I am sorry for any confusion on this property and proposed use. I didn't realize that there was a pre-existing special permit associated with that property and because of that I am reticent to permit a use without the ZBA's input. If no SP was associated with the property I would find that single-student lessons such as Mr. West's proposal is customarily incidental and congruent to the home occupation provisions of the ordinance. Please contact me if you have any questions. - Regards, Brian Florence, Building Commissioner ° Building Department I Town of Barnstable 200 Main Street ` Hyannis, MA 02601. 508-862-4038 Brian.forence@town.barnstaible.ma:us 1 Town of Barnstable 0F tHE Regulatory Services Tp� , P� o Thomas F.Geiler,Director • Building Division . * BARNSTABLE, " y MASS. g Tom Perry,Building Commissioner 039. ♦� �OtEnwwta 200 Main Street, Hyannis, MA 02601 www.town.b arnstable.ma.us Office: 508-862-4038 Fax 090-6230 Approved: Fee: o�s• _ Permit#: cl HOME OCCUPATION REGISTRATION Date: ��� Name: . /, !f h` lye. L . i/L. Phone ff: Address: y3n � Village: Name of 13usiuess: —':SLLapb�rY) _ -------------------------------- Type of Business:�,! /�6DD�r�/1( �J�itt`�CJ/��°1FCt�l,J Map/Lot: Dot 0�D�' INTENT: It is the intentof this section to alloyv the residents of the Town of Barnstable to operite a hoiiie occupation «Rthin single family chvellings,-subject to the provisions of Section it-1.4 of the Zoning ordinance, provided that the activity shall not be discernible from outside the dwelling: there shall be no increase ira noise or odor; uo Visual alteration to the premises which 4vould suggest anything other than a residential use;no increase in traffic above normal residential volumes; and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The actitrity is..carried on liy the permanent resident of a single family residential chvelliug unit,located within that6velling unit. • Sucli.use occupies no more than 400 square feet of space. �• There are no external alterations to the dwelling which are not customary iu residential buildings,and there-is no outside evidence of such use. -• No traffic iarill be generated in excess of normal residential volumes. \{� • `rhe use does not involve the production of offensive noise,Vibration,smoke,dust or other:particular ra'latter, 1�\V o(lors,electrical disturbance,heat,glare, humidity or other ohlectiouable effects. �( • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials;in excess of J normal liouseholcl_nuantities.. Any need for parking generated by such use shall be met on the same lot containing the Customary Horne (� Occupation,and not�%itliin the required front yard. • There is no exterior storage or display of-materials or equipment. p n' • There are no commercial vehicles related to the. Customary Home Occupation,,other than one van or one pick-up truck not to exceed one ton,capacity,and one trailer not to exceul 20 feet in length and not.to \ )P exceed it tires,parked on the same lot containing-the 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 lie included. • No person shall be employed in the Customary Horne Occupation who is not a permanent resident of the chvelling unit. 1, the undersigned, have read and agree mth the above restrictions for iuy home occupatiou I am registering. Applicant: bate: Ftumeoc.da- ReNAI/3J08 /tQH7P G�IiL(y/i�h�. YOU WISH TO OPEN A BUSINESS? For Your Information: Business Certificates COST $30.00 for 4 years. A Busin±s (WHICH YOU MUST DO BY M.G.L. - it does not give you permission to operate): You must fir s Certificate ONLY REGISTERS. YOUR NAME. the Town at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office, 1'' Fl., 30 Main:St., Hyannis, st obtain the necessary signatures on this form the Business Certificate that is required by law. MA 1(Town Hall) and get 0260 sa1.� ? Fill in DATE: - .—1 please: c APPLICANT'S YOUR NAME: " BUSINESS �i YOUR HOME ADDRESS: 33 TELEPHONE # Home Telephone'Number: CUt NAME OF NEW BUSINESS42 IS THIS A HOME OCCUPATION? �� TYPE OF.BUSINESS YE N �SQ/u s�,i ✓t/� Have you been given approval from the building division? YES ADDRESS OF BUSINESS NO MAP/PARCEL NUMBER When starting, a new business there are several things you must do in order to be li n Compliance Barnstable. This form is intended to assist y,ou.,in obtaining the information you ma nee dance with the rules acid regulations.of the Town of YarMOUth Rd. &'Main Street):to- make sure you have the appropriate permits an licenses re required y ed. You MUST. GO TO 200 Main St. -- (corner of down. q red to legally operate your business in this 1-tralevl lci Pmoff1.�( JZ-aC act5� h.uo� ./2a�2 _ 1. BUILDING CO MISSIO ER'S OF CE �J This indivi ual h s en info me an �d OTC y pe mit requirements that pertain to this typeofbusiness. / COMMENTS: Au horized Signature* 2. BOARD OF HEALTH This individual has been i '/5r;wned of the per 'trireme hat pe rtain rtam to this type of buslnesss - Authorized Signature** i COMMENTS: 1 i 3. CONSUMER AFFAIRS (LICENSING UTHORITY) This individual has b e Infor e of he licensing requirements that pertain to this type of business. 0uthorized 'gn ure** COMMENTS: S L- 4 { Town of Barnstable *Permit#C;)db d -^� Expires 6 months from issue date X-PRESS PERMIT Regulator ' Services_ Fee Thomas F.Geiler,Director NOV .13 2007 , Building Division TOWN OF BARNSTABLE Tom Perry,CBO,,Building Commissioner, U Q� 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERNHT APPLICATION -" RESIDENTIAL ONLY ` Not Valid without Red X-Press Imprint Map/parcel Number Property Address e r Minimum feesidential Valu e of$25.00 for work.under$6000.00 Owner's Name&Address Contractor's Name t Telephone NumbgY 21t_�/& 02p/ Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable): nfq . ❑Workman's Compensation Insurance Ch one: CZ I am a sole proprietor ❑ I am the Homeowner ❑ I have Worker's Compensation Insurance 11 Insurance Company Name Workman's Comp.Policy# Copy of Insurance Compliance Certificate must be on file. Permit Request(check box) Re-roof{stripping old shingles)'All construction debris will be taken to_&k"4z4Z4 . ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows/doors/sliders. U-Value (maximum.44) *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. =. copy of me Impr ement Contractors License is required. SIGNATURE: Q:Forms:expmtrg - .. Revise061306 l • ,p� The Commonwealth of Massachusetts '. Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA .02.111 www.mass.gov/dia Workers" Compensation Insurance.Affidavit: Builders/Contractors/Electricians/PIumbers Applicant Information Please Print Le 'bl Name (Business/Organization/Individual):, Address: City/State/Zip: Phone*: Are you an employer? Check the appropriate box: Type of project(required):. 1.❑ I a employer with 4. I am a general contractor and I employees (full and/or part.time). * have hired the sub-contractors 6. ❑New construction . 2. I am a•sole proprietor or partner- listed on the-attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have g. Demolition working for me in any capacity. employees and have workers' insurance.$ 9• (�Building addition [No workers' comp.insurance comp. required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their I LEI PI ing repairs or additions myself: [No workers' comp. right of exemption per MGL insurance required.]t C. 152, §1(4),and we have no 12;Voof repairs employees, .13.❑ Other [No workers' . comp. insurance required.] 'Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all wor k and then hire outside contractors must submit a new affidavi t indicating such. :Contractors that check this box must attached an additional sheet sbowing the name of the sub-contractors and state whether or not those entities have employees. if the sub-contractors have employees,they must provide their workers'comp.policy number. lam an employer that is providing workers'compensation insurance for my employees. Below is the policy andfob site information. Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration p age(showing the policy number and expiration date),, Failure.to secure coverage as required under Section 25A of MGL 6. 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$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insura covers a verification, I do hereby cer un er t ai Is-ape e ' ry that the information provided above is true and correct Signature: Date: Phone#: Official use only. Do not write in this area,'to be completed by city ar town o'cia1 City or Town: Permit/License# IssuinL6. Otther Authority(circle one): Health 2.Building Department 3.City/Town Clerk 4. Electrical Inspector 5.Plumbing Inspector son: Phone M Town of Barnstable. Regulatory Services SARNSfA$LE, y m5s. $ Thomas F. Geiler,Director �'ATen ta�� Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,NIA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized bythis building permit application for:iMq . ( ddress of Job) -Si nature of Owner g Dat H�CJ7Q�! Print Name QTOR.M S:OWNERPERMIS S ION N ` �-r'` �� ✓�e 1°ianvrrearcuecill/ o���aaoT%u�aetla `� } BOARD OF BUILDING REGIJL T` NS License CONSTRUCTION SUPERVISOR n 1' Number CS 008267 �' ,. res 05/20/2008 Tr. no.; 26087 ~= Res tr'iCted 400 ti `s � JAMES D DANFORTH AO•BOX 973 i COTIJIT, MA 02635 -,� y7ommissioner _ I _ _7 1/30717/I720�l2CIJElZGL/2,6�`/IGCI4oCLC/GGLO[.(•CO i ,.. '• .. ...� Board of Building Regulatio s and Standards (: License or registration valid fgr individul use only HOME IMPROVEMENT CONTRACTOR j before the expiration date. If found return to: Board of Building Regulations and Standards r Registration 114813 .. Expiration, 1D/27/2009 Tr#` 260851 One Ashburton Place 3 I Rm 1 01. �r at- Boston,Ma.02108 . TYPe D13 DAN 4`JAMES p FOR, RE j JAMES DANFORT�HgI,� f ?+ 1105 OLD POST RD�� COTUIT,MA 02635 ' -a� Administrator _ g _ ;: Not valid w� hoot si tore I mot , Sign �SZABLE. * TOWN OF BARNSTABLE Permit MASS. 6� sATF 3.q A Permit Number. Application Ref: 200800643 20070131 Issue Date: . 02/05/08 Applicant: - GARLAND;MICHELE L Proposed Use: SINGLE FAMILY HOME Permit Type: SIGN PERMIT Permit Fee $ 25:00 Location 4339 FALMOUTH ROAD (ROUTE 28) Map Parcel 024067 Town COTUIT Zoning District RF Contractor PROPERTY OWNER Remarks SIMPLY SCRAPBOOKING 508-428-3002 5 SQ FREESTANDING REPLACE EXISTING SIGN NC USE ZBA DEC ON FILE Owner: GARLAND, MICHELE L Address: 41 LAKE STREET COTUIT, MA 02635 t Issued By: Pb, "AA1 POST THIS CARD SO TI3AT IS VISIBLE FROM TFIE STREET f Town of Barnstable p�pp THE Tp�� Regulatory Services . Thomas F. Geiler,Director l , f3 9Bt'MASS. Building Division.39 r.is`� Tom Perry,Building Commissioner , 3. 07 200 Main Street,Hyannis,MA4QRI www.town.barnstable.ma.us r tf V ts� Office: 508-862-4038 Fax: 508-790-6230 Permit# Application for Sign Permit Applicant: I,/�of ele-, L . _Go(-1(29&- Map &Parcel# gTelephone Doing Business As: n�U �.1"/yT_ ��t No. Sign Location Street/Road: rCl 1 f' 0 C) Zoning District: Old Kings Highway? If4s/NO Hyannis Historic District? Ito/No Property Owner /� r Name: 19 1t), I • l` 2t aolC Telephone: Address: �3,�� �i7l.lt1/10c � Village: Sign Contractor Name: 510 A 1d% Telephone: Mailing Address: ni's 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? Yes49 (Note:If yes, a wiring permit is required) Width of building face _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: Date: 1 1 A Permit Fee: u Sign Permit was approved: Disapproved: Signature of Building Officials Date: In order to process application without delays all sections must be completed. Q:I WPFILESISIGNSI SIGNAPP.DOC Rev.9112106 �.,�y� 1 \ \�_` ` .. � � �. --}�N'f- �! .. �n � '— .. 1 ` f. �r. I II ! i�h 1 I r1�;4 i, 1 + � l r to �� y _.✓ � rh �'ry,rr_ l r-711 low Ma l� �•v2�t S .; , • �`I ' I 2dOO i I 30.0-6 in S pbooking 6, 0 0 j �5 �. lam• -_ FROM TERRY A. WARNER—P.L. S. PHONE NO. 5084328309 Oct. 09 2007 09:37AM P1 �nt�", cae/s�AL/I-�vn e \ - o�TE ��49 N MHC Basin, u+ \ Paved \ r ` Dcu* \ \ Lot 9 �\ y �\ S,@) 25,OOOt S.F. \\. SbbjvH/Dvn • \ Goroge �/ TOWN OF BARNSTABLE ZONING 's BY—LAW ` ZONE RF S7REET ADORES.- 14,3jg FALMOU77•1 ROAD ASSESSORS' MAP 24 PARCEL 67 SETBACKS : OWNER- MICHELLE GARLAND FRONT =* 30' PLAN REF.: TUBE 167 SIDE 15" DEED REF.: SK, 12690 PG. 304 REAR — 75' I C£R7/FY THAT TO THE BEST OF MY PROFESSIONAL PROPERTY LINES SHOWN HEREON KNOWLEDGE, INFORMATION AND BELIEF 7HE DWELLING WERE COMP/LED FROM AVAILABLE SHOWN HEREON CONFORMS TO THE HORIZONTAL SETBACKS REPRESE7VT AN ACTUUALAL SURVEY PLANS OF RECORD NOT OF 774E ZONING BY—LAW FOR THE TOWN OF BARNSTABLE. ON THE GROUND. 774E DWELLING DEPICTED ON THIS PLOT PLAN PLAN WAS LOCATED ON THE GROUND IN BY SURVEY ON OCT. 4, 2007 AND BARNSTABLE, MASS. EXISTS AS SHOWN AS OF THE OATS OF LOCA 770N. SCALE. 1`=30" OCT. S. 2007 THIS PLAN IS FOR PLOT PLAN I& TERRY A. WARNER, P_1_5: PURPOSES ONL Y_ 22 LONG ROAD HARW/CH, MA. 02645 (508) 432-8309 774lS PLAN /S VOID /F.NOT O' 30, 60, 90' STAMPED AND SIGNED /N RED. PROJECT NO 07-285 Ii ��� �D BIKE y BA L� - RAitisrAa .07 DEC 19 p 4 00 Town of Barnstable Zoning Board of Appeals Decision and Notice Special Permit 2007-114 —Garland Section 240-46 - Home Occupation To Operate'a Scrapbook Studio in the Dwelling " Summary: Granted with Conditions Petitioner: Michele L.Garland Property Address: 4339 Falmouth Road (Route 28), Cotuit, MA Assessor's Map/Parcel: Map 024,,Parcel 067 Zoning: Residence F Zoning District Relief Requested and Background: The property is a 0.57-acre lot developed with a three bedroom, one story,single-family'dwelling consisting of 1,919 sq.ft. and a detached two car garage consisting of 864 square feet. The petitioner, Michele L. Garland, is seeking to utilize a 336 square foot area attached to the dwelling as a scrapbook studio home occupation in order to teach and assist groups in the construction and ' designing of scrapbooks, and to sell materials for scrapbooking.-The home occupation area was originally a one car attached garage that had been converted to finished living space. The property has been before the Board on two prior occasions for a home occupation for which permits were granted. They were; Special Permit 1989-011 issued to Bernard Bergeron for a dog grooming occupation and Special Permit 1992-033 issued to Frank and Patricia Twyeffort,Jr:, for an antique shop. A site plan was reviewed and an approval letter issued by the Site Plan-Review Coordinator on October 25, 2007. Apparently, the petitioner's occupation concentrates on instructions to small groups, school children, scouting, church, community and neighborhood groups of all ages in the art of scrapbooking. Instructions are now given outside of her home at small gatherings and at her business/retail store in Cotuit which she intends to vacate. As aaide to those instructions, she provides materials to the classes and scrapbooking items and papers for retail sales. 'Procedural & Hearing Summary: This appeal was filed at the Town Clerk's office and at"the'office of the Zoning Board of Appeals on November 2, 2007. A public hearing before the Zoning Board of Appeals notice sent to all abutters in accordance with MGL Chapter 40A. The hearing as opened December 5 2007, at which time the Board found to grant the home Occupation special �. Board Members deciding this appeal were, Ron S.Jansson,James R. Hatfield,JererriybGilmo�e)conditions. Norman, and Chairman'- Gail C.Nightingale. Attorney Mark Fl Boudreau represented the petitioner who was also present at the hearing. Attorney Boudreau gave a brief history of development and use of the lot. He cited that Ms. Garland now is operating her business,"Simply Scrapbooking Co.", from an existing nonconforming site located on Route 28 just west of this location. I 1 i I� li i Town of Barnstable-Zoning Board of Appeals-Decision and Notice Home Occupation Special Permit No.2007-1.14—Garland The business is not intense and is in keeping with that of a home occupation. The retail sales accounts for approximately 20% of the business. The remaining 80% is that of teaching and _ instructions. Much-of her business is done off-site in small groups. She normally limits classes to 6 or 8 individuals and operates Monday through Sunday from 9 AM to 7 PM depending upon demand and her own schedule. She does.not now have employees, but may in the future. The Board noted that the intent of the home occupation provision was to accommodate just such a business use. Attorney Boudreau and the Board discussed signage and it was determined to let that issue be addressed by the Building Division as an existing sign post is located on the property.' Photos of her existing sign were shown and the Board determined that it met the area limitation and could be reused in the home occupation. Public comment was requested and no-one spoke at the public hearing. Chairman Nightingale cited that letters had been submitted in.support from; Margie Berkley, Susan Blanchette of 1690 Newtown Road Cotuit,Jessica Hunt of 99 Phinneys Lane, Centerville, and Janet Connolly-Service Coordinator, LIFE, Inc. t Findings of Fact: At the hearing of December 5, 2007, the Board unanimously made the following findings of fact: 1. Appeal 114 of 2007 is that of Michele.L. Garland petitioning for a home occupation special permit pursuant to Section 240-125.C. The petitioner seeks the permit in order to operate a scrapbook studio from her home located at 4339 Falmouth Road (Route 28),Cotuit, MA. The property is shown on Assessor's Map 024 as Parcel 067. It is in a Residence F Zoning District. 2. The property is a 0:57-acre lot. It is developed with a three bedroom, one story, single-family dwelling and a detached two car garage. The petitioner, Michele L. Garland, recently purchased the home as evidenced by a deed submitted showing it was recorded on November 1, 2007, at the Barnstable Registry of Deeds in Book 22447 page 253. Ms. Garland seeks to utilize the 336 sq. ft. area attached to the dwelling as a scrapbook studio home occupation in order to teach and assist groups in the construction and design of scrapbooks as well as retail sale of materials for scrapbooking. 3. The property was.developed in 1989. The area being.proposed for the home occupation was originally a one car attached garage that had been converted to finished living space. The property has been before the Board on.two prior occasions and at both times a home occupation special permit was issued. They were; Special Permit 1989-011 issued to Bernard Bergeron for a dog grooming home occupation and Special Permit 1992-033 issued to Frank and Patricia Twyeffort,Jr., foran antique shop home occupation. 4. In 1995, the home occupation.provisions were amended to allow as-of-right home occupation in all zoning districts: The as-of-right home occupation essentially allows only for a personal home office with no visitors to the premises. However, within the.Residence C-1 and F Zoning Districts a petitioner can also secure a special perfrlit for a home occupation that was intended to allow more that just a personal office. It is this permit which the petitioner seeks. 5: The petitioner was before Site Plan Review and.a site approval letter has been issued. The property is already developed as shown on that site plan as it had been previously used for sales of antiques. The layout is sufficient for the petitioner's intended use. 6. This application falls within a category specifically excepted in the ordinance for a grant of a special permit and the petitioner has met all of the requirements of Section 240-46 for a home occupation by special permit 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Home Occupation Special Permit No.2007-114—Garland -- 7. -Based upon the evidence presented, the activity will not be discernible from outside the dwelling; It will not result in noise or odor; there is no proposed alteration to the premises that would detract from its residential character; The home occupation will not increase traffic above normal residential volumes for the area; and does not result in any increase in pollution; therefore, 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. Decision: Based on the findings of fact;a motion was duly made and seconded to grant the home occupation special permit, subject to the following conditions: 1. This permit is issued to Michele L. Garland for property addressed as 4339 Falmouth Road (Route 28), Cotuit, MA. The permit authorizes the petitioner to operate a scrapbook studio home occupation from the premises, including classes and accessory sales of scrapbooking materials to those attendees from the premises: This permit is non-transferable and is conditioned upon the petitioner residing in the dwelling. The permit is subject to full compliance with Section 240-46 and all added conditions herein. 2. There shall be no advertising of the retail sales of scrapbooking materials from this location. Retail sales shall be accessory to the instruction activity. 3. The applicant shall encourage car pooling when groups congregate at this location. 4. The maximum numbers of people permitted in a class at any one time at this location shall be limited to not exceed 12. The vote was as follows: AYE: Ron S.Jansson,James R. Hatfield,Jeremy Gilmore, Kelly Kevin Lydon, Gail C. Nightingale NAY: None Ordered: Home Occupation.Special Permit No. 2007-114 is granted with conditions. 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 in the Barnstable Town Clerk's office. If no appeal is made and upon certification by the Town Clerk, this decision must be recorded at the Barnstable Registry of Deeds for it to be in effect. Notice of that recording shall be submitted to the Zoning Board of Appeals office. The relief authorized by.this decision must be exercised within one year. hq lol Gata . Nightingal Chair Dat Sighed (, L Hutchenri er, Clerk of the Town of Barnstable, Barnstable County, Massachusetts,.herebv certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this"decision aril' that no appeal of'the decision has b filed in the office of the Town Clerk. Signed and sealed this- day Aundert pains and penalties of " pen ury. f Lin a Hutchenrider-Town derk ; I i � BIKE A Town of Barnstable 200 Main Street, Hyannis, Massachusetts 02601 +QQBARNSfABLE. 9-Op .a A. Growth Management Department Ruth.Weil,Director rEDN1� 367 Main Street,Hyannis,Massachusetts 02601 Phone(508)862-4785 Fax(508)862-4725 www.town.barnstable.ma.us October 25, 2007 Michele Garland d/b/a Simply Scrapbooking 41 Lake Street Cotuit, MA 02635 Reference: Site Plan Review(049-07) Simply Scrapbooking 4339-Falmouth Road, Route 28;Cotuit:Map 024, Parcel 067 r to Proposal:Proposal: Scrapbooking studio offering classes for very small groups. Dear Ms. Garland: Please be advised that the Building Commissioner, Tom Perry, has found the project's site plan to be approvable subject to the following: • Approval is based upon plan provided entitled: "Plot Plan in Barnstable, 4339 Falmouth Road"prepared for Michelle Garland by Terry A. Warner, P.L.S.Harwich and dated October 8, 2007. • A home occupation Special Permit will need to be granted by the Zoning Board of Appeals. • All licenses and permits, including but not limited to signage, if applicable, will need to be obtained. If you have any questions or require further assistance, my direct telephone number is 508-862- 4679. Sin 1 Ellen M. Swiniarskie Site Plan Review Coordinator CC: SPR File Zoning Board of Appeals File Tom-Perry',Building Commissioner TOWN OF BARNSTABLE BUILDING DEPARTMENT COMPLAINT/INQUIRY REPORT Date j N/Ally Rec'd Bv Assessor's No. /"( Last Name First Name ORIGINATOR Street- Village �6T le T State Zip C� 0�266c_-'3S Telephone: Home 4�F "c=83 Work Descri ion: vCOMPLAINT INQUIRY Requestor's Signature COMPLAINT Street Address �O LOCATION A= OFFICE USE ONLY INSPECTOR'S ' 'Date Inspector- ACTION/ - COMMENTS FOLLOW-UP ACTION ADDITIONAL t INFO. ATTACHED COPY DISTRIBUTION: WHITE - DEPARTMENT FILE YELLOW - INSPECTOR PINK - INSPECTOR (RETURN TO OFFICE MGR.) HISC1 � � � �-_ , � ��� _� �Q � ����� �!�/L.iJ2G�/.,����-GG� �,-G�(;�(�.�-�e-GCS/ '._-�j,� a �� ��� UUU vv�-� ���' �.,��- � �'�`�/ ��� .,ate --,/- �- � �'� ' yoF TN( • �' The Town of Barnstable )Ar77T& Inspection Department e0i IA)Q. �, .. 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner September 29, 1993 Mr. R. Padgett P. O. Box 133 Cotuit, MA 02635 RE: A=028 047 4339 Falmouth Road (Route 28) , Cotuit Twyeffort ZBA Decision #1992-33 Dear Mr. Padgett: As per our telephone conversation this date enclosed please find the Board of Appeals decision for the above referenced property. Very truly,/,Yours, G. A. Robbins Office Assistant Enc. F —".- t.3,�••e ,� 7"—�.;,:``� t:�. � "`.''--'$'�+"' +zi0"'P•+p.:.�"", 25Yr...MY^..�.,G.'aw�:.Y}r�:,E,�.,ev�..�•�'M; '»-�`.47�eT=:?X.,y�, e+"y.:'^'e.".4rgsr""`"'".' '"n'Lv+^"`' .., v .r .,�,,.,..� IMF rO TOWN OF BARNSTABLE Permit No.�73$g BUILDING DEPARTMENT. } "°"` I TOWN OFFICE BUILDING Cash � wa b79♦ ` ... .,C �� ��Fu+ HYANNIS,MASS.02601 Bond ..�. CERTIFICATE OF USE AND OCCUPANCY Issued to Theo Construction Address Lot #9 4339 Falmouth Rd Cotuit USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR' UPON SATISFACTORY COMPLIANCE WITH TOWN. REQUIREMENTS AND.IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. Deco mb e r 23 8� Building Inspector THEfOLL,0WING IS/ARETHE BEST IMAGES FROM POOR QUALITY ORIIGINAL (S)4 IMA DATA CONS'TRxfCZ'ION t;,:t ,,r bra NK-DEPT.FILE COPY/WHITE-FIEIb COPY/YELLOW-APPLICANT COPY ° BUILDING0-1 ' I TOWN OF BARNSTABLE, MASSACHUSETTS PERMIT VALIDATION A n4_L ' January 3 85 ® ,.. .. �'e�.(�`.7. Spero Theoharidis°ATE t9 P§RM hr4,Va \our APPLICANT ADDRESS W (NO.) (STREET) - (CONTR'S LIC�EN$0, Build dwelling 1 Single family d" llin NUMBER OF PERMIT TO (_) STORY DWELLING UNITS 1'' `• (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) AT (LOCATION) lot #9 4339 Falmouth Road, Cotuit ZONING (NO.) (STREET) DISTRICT BETWEEN AND (CROSS STREET) (CROSS STREET)." SUBDIVISION LOT LOT BLOCK SIZE BUILDING IS TO BE FT. WIDE BY F.T. LONG BY FT, IN HEIGHT AND SHALL CO0ORWIN.CONST.RQCT(L TO TYPE USE GROUP —BASEMENT WALLS OR FOUNDATION_ I (TYPE) :.' REMARKS: Sewage #84-466 BOND' oLUMEEAO 1324 sq. ft. 35 000 PERMI :.:. ESTIMATED COST >t T74'A (CUBIC/SQUARE FEET) FEE OWNER Theo Construction Co. ADDRESS Ou armout s BUILDING OEPT', OF ANY APPLICABLE SUBDIVISION RESTRICTIONS, VbEb MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FOR i, FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS.PLUMBING D 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL N.OT BE OCCUPIED UNTIL MEMBERS(READY TO LATH). 3. FINAL INSPECTION BEFORE FINAL INSPECTION HAS BEEN MADE. . OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET j BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS z - — --_-- - - _ . z z HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT I -- 771 OTHER 4,f� BOARD OF HEALTH C\L - ��� � TOR HAS APPROVED THE VARIODUS STAGES OF WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT W!LL WORK 15 NOT BECOME STARTED EDNWITHINULL NSIX MONTHS OFD VOI'D IF SDATE TIHOE INSPECTIONS INDICATED ON THIS CARD B -CONSTRUCTION. PERMIT 15 ISSUED A5 NOTED ABOVE, ARRANGED FOR BY TELEPHONE OR W TTEI NOTIFICATION Y '1S ,S 'N. l `F1 EI��i�. F+�►'C�Q,�' lr RCS r�I� 7 Irl� O f N NO E 'R 0 y R N T�T RTH 4 W 0 > hE i aE I/SEp f4w,SOS f' RHOS iS . r tif1VR, 44 • � 1{I ►0y�1. µ z LDr Il LoT/� s: - ,: ZSODD s',licto a f �: • � ,LET � � �• ..� � � n o \ fie 4�. y y � tEX •_ •,� +� y Q �Pa:U rE �i�ALMGIU71 �,o_,) t rvo PLOT P,4 wi Aor l�(1 ND�TIQN 400*4TION Plw*4111. TH aw QiF' f 4UH�C a*y.. l/Ni�ER so - �CWaAM,5U NCES A949 OF SCM AQ.B�' OWNED BY* ARWOW OF "'ss EA Or F,4L ! l �'YY.� RG�cRr. i . E. RAYMOND y ' � AAT�}'r' No.215 3 P =4© 54 j r �ti � �' � ��, P� d►Y� Cb�►' iP �RP'#Q �?�t P�1N �. :!� Assessors map and lot' (�number ...... �i Bpi THE Sewage Permit number ....... ........................... ...... ... ,• m� SYST �+� �T t BAHB9TADLE, i House number ..........................J........./................................ �ri INSTALLEDrm_ a v rasa MAt TOWN OF BTOWN REr-'ULA BUILDING INSPECTOR APPLICATION FOR PERMIT TO ................ .�.. .... ... ............... .... ............................................. TYPE OF CONSTRUCTION .......`_r.. -... '.ry•.. ..: ......... 0 ...................... ....I9.g� TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .. ... .... m.�. .r ..K. 0......1?.. u.. ..X.g....... .�'�..1 .T.. ProposedUse ....... .t..41V.I�L.QaJ ............................................................ ................................................... .Fire District Zoning District .......... .. ...:.................................... ........ ......................................................... r_ Name of Owner .:. ./ cam � �....�r�...Address L�. ......... Name of Builder �J ......./A..G.04a.okd lddress .............. ..... ..: `L¢-1 "rfJ..... ...... Name of Architect .........................,....-............. .............Address ................................................. Number of Rooms .r .. � /. Foundation ......:.:. .f2.1a/. ..T..1 .............. Exterior .........st/1/ .II 4././.\(J.,BLz,(koofing ...... .........f ........ PAFloors .............. .. .. ... ..................................Interior .............. ..Y.... .:....................... Heating ....... C. :j.....Plumbing ........................... . M..... .......... . .................... Fireplace ................... .0:..........................................Approximate. Cost ............. .. .�.��� ........... Definitive Plan Approved by Planning Board --------------------------------19------- Area ...... / �" k a Diagram of Lot and Building with Dimensions Fee .p SUBJECT TO APPROVAL OF BOARD OF HEALTH aJD G -pv�6 Vob 1-I a OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name Ile ... . .. .. l� GGh�GG✓l�Z� Construction Supervisor's License .....�: .6.. . .. . .. .. . -7,THBO CONSTRUCTION CO. - a 27389 Permit for ...One..StorX............. ..........Single Family...Dwelling................... - Location .....I,ot..9 ...... 339••Falmouth,Road re ................... ............................................ ,, •�„ a N' _ Owner, •• - YR• Type oft truc#ion FJ'. _ ............... - � f t - Plot ......................... . lot .............................. :Permit Granted ......January...3 .......:.19 85 f r► - Date.of Inspection .................................... 9 Date�ompleted � :. c. :.....t. . 9 --------------- i y Assessor's map' and/lot number ....... .�.................1........ --� pi tRE To Sewage Permit number Z B,H$$TULL i House number s 3 AM �O,o�163q. 6� TOWN , OF BARNSTABLE E , BUILDING- INSPECTOR APPLICATION FOR PERMIT TO ..................e.14.d_4........................................................................... TYPE OF CONSTRUCTION ......................... ...,......:......,..... ....� ... ... .........,...A................ .... .................> ..' ..19.. / TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ..... -.................�.......... ....,...........�... .. .7..............................,... ....... .............................. } ProposedUse h/.p........ d!1/l. . ........................................................................................................................... Z�.: Fire District ��-r!� %! !•,•,,. oning District .......... .�d....., ........................................ N w ........ Name of Owner ... f ......G( �t/-.(.T'�.....2. .%ddress ..�...........A ... r,,,.C� �1!Y!!�sa C�..:� ....... Name of Builder ....../J•,/ o.. .i?......�..1!!..P :ix.Address .............. .. ..rF... ,,n,��. � f�............. Nameof Architect ..........................L.,.........................................Address .................................................................................... L1� Number of Rooms Foundation ...... Exterior ..........1' �.:a .1. .•%/�/(••l'.9 'Roofing ` ......: .-�.� ./.� .. ..' ..... J�% � .�.: .. '........ Floors ..........:....of.... .,I�+.. T...' <....................'..............Interior ..............)Q/q.. Y!....�.w/„ •/-/� Heating ..... .C.. .".....Plumbing ................9......�.�'�. � .�............................. Fireplace ........1.............. ) . '..........................................Approximate. Cost .............. ...................... Definitive Plan Approved by Planning Board -------------------_-----------19________. Area ......... ......... Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH y 1 Gt All ce - g o U sG � r OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS g ' I hereby agree to conform to'all the Rules and Regulations of the Town of Barnstable regarding the above construction. ,, Zrn"... Name . ` ; .......... /C•i� �r� � Construction Supervisor's License .....-4 / 4 !�+ � .THEO CONSTRUCTION CO. A=24-67 417 No .... Permit for ...Q.T.W..aw y............. ..........SiAgle.X imlly..Dwellirig.................... Location X4Qt..9.......4.339-Fahmuth-Road..... . .................CQt-W't.................................................. Owner ..T)AeQ...QQT15.tx-uctj-Qn..Ca..'..'............... Type of Construction Frame............................. ................................................................................ Plot ............................ Lot ................................ Permit Granted ................19 85 Date of Inspection ....................................19 Date Completed ......................................19 o � , A4 d4a VIIAIF J-1 y y '' `TIC SYSTEM MUD fa ��,, rME Assessor's office(1st Floor): i �n�l_ „1� �j �T ?�' ?�'�""'r�� F T Assessor's map and lot number o� 7 C/ „�d BALLED IN COMPLIANCE Quo o``. Board of Health (3rd floor): �*��, WM TME S Sewage Permit number 1J ENVIRONMENTAL CODE AND i 311AHd9TSDLL Engineering Department(3rd floor): TOWN REGULATIONS o rb 9 House number � Definitive Plan Approved by Planning Board 19 �a MAY APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE VP Wz- BUILDING INSPECTOR : - - APPLICATION FOR PERMIT TO CO VI V e v� � 1�R r a J K'4—O TYPE OF CONSTRUCTION G q v-q ti e. cs 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for as er/mit according to/the following information: Location / 1 `C L W► o u 4- Lc, 1 Proposed Use Zoning District Fire District Name of Owner �J t'� 0Address 3J falkltou fC� ` O j, Name of Builder e- Address Name of Architect Address Number of Rooms Foundation Exterior Roofing Floors Interior Heating Plumbing _ Fireplace Approximate Cost 00 Area LD'im of Lot and Buildi ng with Dim sions Fee t7q �avayP O or 3 ' ............... l OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the.Town of Barnstable regarding the above construction. Name Construction Supervisor's License 0300 / �/ DiRC°SA, MRS . A, r REMODEL GARAGE TO DOG , 32869 GROOMING SHOP No Permit For } Frame «. 4339' Falmouth Road ' Location ' Cotuit Mrs DeRosa. Owner. = Wood Frame Type of Construction -v Plot Lot May 3 19 89 •- - -. . ., . .. Permit Granted Date of Inspection r— 19 Date Co���p'leted J 19_ •} tg on tir r . - r Assessor's office(1st Floor): Assessor's map and lot number Board of Health(3rd floor): .����09 ^tom d�P ♦w Sewage Permit number 1, • Z BAHd9'fd.pLL i Engineering Department(3rd floor): - �o rasa House number ` , o t6}p. \®0 Definitive Plan Approved by Planning Board 19 �o Nod .X Y • 1. APPLICATIONS PROCESSED 8:30 9.30 A.M.and 1:00-2:00 P.M.only TOWN. OF BARNSTABLE �`ry r � BUILDING INSPECTOR , - p, �.��./P . �'�y APPLICATION FOR PERMIT TO Ca K V 'L r 4 ['' I fa �� 0 / TYPE OF CONSTRUCTION r?. 7 e G( �fr� 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a ermit according to the following"information: C Location Proposed Use Zoning District Fire District' ? cr — j,., �j�d ,Name of Owner / ' 0 S "t Address 413-3 / ► '.� b a Ui ► i i� —1 • O1 ,,l h rp.1 h�. LIP Name of Builder� (� �J i!act e. Address (� Name of Architect Address Number of Rooms Foundation Exterior Roofing . Floors Interior Heating Plumbing Fireplace Approximate Cost OO Area Diagram of Lot and Buildin with Dimensions Fee i oor 3 - � Lq OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. ' Name Construction Supervisor's License 0 Soo DEROSA, MRS . A=024-067 REMODEL GARAGE TO DOG No 32869 Permit For GROOMING SHOP Frame , Location 4339 Falmouth Road , Cotuit Mrs . DeRosa ° Owner S Type of Construction Wood Frame ' Plot Lot Permit Granted May 3 19 89 Date of Inspection 19 Date Completed 19 t BOOK .xAcE - - - _- - 17484 TOWN OF BARNSTABLE RECORD IN REGISTRY OF DEEDS IPv' COMPLIANCE WITH SEC. 11 0f: ZONING BOARD OF APPEALS CHAPTER 40A, hl.G,1, SPECIAL PERMIT — DECISION AND NOTICE PETITION NO. 1989-11 PETITIONER: BERNARD BERGERON a r 1 15 � :20 At a regularly scheduled hearing of the Zoning Board of Appeals held on February y, 1989 and continued to March 2 1989, notice of which' was duly published in the Barnstable Patriot, and .notice of`-which was forwarded to all interested _ parties pursuant to Chapter 40A of the General Laws. of Massachusetts, the ' Petitioner, through attorney Jeffrey .. Johnson, appealed to the Zoning Board of Appeals, and petitioned for a Special Permit under Section -1 . 4 (:_:) (A) and -3. 3, - to allow home occupation, dog grooming, located on Assessor's Map 24, Lot 67, 4:339 Falmouth Road Cotuit, MA _ in an RF zoning district. - In support of this petition, the petitioner presented evidence that the following conditions applied which woUld- _ warrant the grant of a Special Permit. The petitioner is presently residing on the premises, a single family dwelling with attached garage, located. on the south side of Rte. 28. Next door to the east is an e."f.si.ting husky kennel which is directly across from the Cotuit W.-Iter Department. The petitioner is currently operating a business in the Deer" Crossing Mall for which the lease will soon expire. Because of health problems, instead of renewing the lease, he is seeking to decrease and relocate his business to the 3:=6 square foot attached garage area. 1y) Home Occupation is an allowed use in the zoning district. LA (6 Mr. Bergeron will comply. with all of the requirements set �D fort-h in the bylaw as follows: LCM M There will be more than one non-resident employed. L Q6 The use- will occupy less than. 400 square feet to be sectioned off by a wall within the garage and will be clearly incidental and subordinate to".the residential use. E:f;14 BOOK .e 64 9 3 PAGE U �5 - - There will be no change to the outside appearance of the premises, the garage doors will remain. The petitioner will insulate the garage in addition to what is presently existing for sound purposes. Only one non- illuminated 2 sq. ft. sign will be used. The hours of operation will be from 9: 3t) a. m. to 00 p. m. Monday through Saturday. An average of five dogs will be groomed daily. There will be no boarding of dogs. A site, plan has been Submitted and approved. FINDINGS OF FACT ' Based on the evidence submitted, the Zoning Board of Appeals _ made the following findings of fact: The applicant is in compliance with Section -1 .4 (0) (A) (a through g) Professional or Home Occupation of the Bylaw in that no more than 400 sq. ft. will be used for the proposed home occupation, hours of operation will- be from 9: 30 ,a.m. to 5: 00 p.m. , Monday through Saturday. No more than one non-resident will be employed, there will --- be no boarding of dogs and the proposed sign will comply with sign regulations. The applicant is in compliance with Section 4-7 Site Plan in that a site plan has been submitted and approved. Based on the above findings of fact, the Zoning Board of Appeals at a meeting held on March 2, 1989, voted to grant the Special Permit being sought under Section -1 . 4 (3) (A) (a through g ) Home Occupation Use. The vote was as follows: AYES: NIGHTINGALE, . BOY, WIRTANEN, BURMAN NAYES: NONE . In granting the Special Permit, the Zoning Board of Appeals imposed the following conditions, the breach of which shall invalidate the Special Permit being granted: _ I. The hours of operation shall be Monday through Saturday, from ;%:3o a.m. to 5: 00 p.m'. 2. There shall be no boarding of dogs on the premises. 3 . The proposed garage area shall be insulated in addition to that which is presently existing for sound purposes. 4. The existing garage doors .shall remain. 5. There shall be a wall built within the garage to petition off the area to be used for dog training purposes. Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as prescribed in Section 17 of Chapter 40A of the General Laws of Massachusetts by filing a Complaint in said Court as well as a. notice of action with the Barnstable Town Clerk, within twenty (2o) days of the filing of this decision with the Barnstable Town .Clerkk's Office. V'(41-"hairmat� -- I Clerk of the Town of Barnstable, Barns le County, Massachusetts, hereby cert ' '-:,�. that twenty (20) d ys have elapsed since the Board of Appeals rendered its decision in the above entitled pA-ition� �+ •�. and that no appeal of said decision has been filed iin: the*_: office of the Town Clerk. Signed and sealed this da 74� y o f 1 eta E . the pains and r.�., ;• p penalties of perjury. ,� �,� �.*- •- ,"..; ': 4G f Town Clerk DISTRIBUTION Town Clerk Property Owner _ _ Applicant Persons Interested _ - . Building Commissioner Pub 1 i c. Information - Boards of Appeals lows �- SASS. v Town of Barnstable SAS{ 5:_..:.. . Zoning Board of Appeals Special Permit ja —9 P 3:09 Decision and Notice Cummazy Appeal No. 1992-33 Applicant: Frank and Patricia Twyeffort, Jr. Address: 4339 Falmouth Road (Route 28), Cotuit, MA 02635 Property Location: 4339 Falmouth Road, Cotuit, MA 02635 Assessors Map/Parcel: 24/67 Zoning: RF Property Owner: Frank and Patricia Twyeffort, Jr. Address of Owner: 4339 Falmouth Road, Cotuit, MA Special Permit Request: Section 3-1.4(3) (A) Home Occupation Activity Request: To permit a residence with a home occupation in a garage. Construction Activity: Replace the front of the garage with a window Procedural Provisions: Section 5-3.3 Special Permit Background: This decision concerns the petition submitted by Frank and Patricia Twyeffort, requesting a special Permit for a home occupation (Antique shop) to be � g P P ( � conducted in the garage on the site of his residence in accordance with section 3-1.4 (3) (A) Home Occupation. The site .is at 4339 Falmouth Road, Cotuit, MA is located in a residential area. Procedural Summary: The application was filed in the office of the Town Clerk and at the Zoning Board of Appeals Office on May 8, 1992. A public hearing, duly noticed under MGL Chapter 40-A was held at the First Floor conference Room, School Administration Building. The hearing was opened on May 28, 1992 and was continued to June 11, 1992, to provide for site Plan Review, and then to June 25, 1992. on June 25, 1992, the Board closed the hearing and rendered its decision. The petition was heard by Board Members; Ron Jansson, Richard Boy, Luke Lally, Gloria Urenas, and Acting Chairman, Gail Nightingale. On May 28, 1992, Attorney Jeffery Johnson appeared on behalf of the applicants. Attorney Johnson discussed the history of the property and submitted a copy of the prior decision granting relief to the owner for a dog grooming use. Attorney Johnson discussed Mr. Twyefforts proposal for an antique shop and stated that the requirements of the Zoning ordinance relating to Home complied are occupation lied with. Increased vehicle trips was discussed. P P 1 m .recision and Notice Appeal No. 1992-33 Speaking in support of the proposal was an abutter, Mr. Soars, who stated that he does not feels that this would increase traffic or cause congestion. Also a letter of support from Mr. and Mrs. Cohinos was read into the record. Speaking in opposition to the petition was Jan Mullaly who addressed the issue of traffic and raised concerns over the neighborhood becoming commercial. A motion was made to refer this proposal to site Plan Review pursuant to Section 4-7.3 (3), since this is a change of use which may necessitate additional off-street parking, and then continued this .hearing to June 11, 1992. On the June 11, 1992 Public Hearing, the Board discussed the petition briefly and determined, that because two of the Board members who initially heard this petition were absent, they would withhold making a decision until the Public Hearing of June 25, 1992. i At the Hearing of June 25, 1992, Attorney Johnson was present on behalf of the II petitioners. He briefly recapped the contents of the petition. � ! An approved Site Plan was submitted into the file. Finding of Fact: Based upon the evidence submitted and testimony given at the meeting of May June 25 1992 the Zoning Board of Appeals unanimously found the 28 1992 and Ju , , g following: 1. The petitioner in Appeal #1992-33 complies with the requirements of Section 3-1.4 (4), in that first, there is not more than one non- resident employed on the property. 2. The use of an antique business is clearly incidental to the residential use of the property. 3. The use proposed before the Board and approved by the Site Plan Review, in the existing garage, does not occupy more than 400 square feet. 4. There is to be no change to the building other than the windows, to make the garage more aesthetically pleasing to the neighborhood. 5. The property shall not be rendered more detrimental or objectionable to the neighborhood affected, especially in view of the fact that the property abuts Route 28. 6. There was no evidence presented to the Board that there would be additional traffic generated in excess of normal amounts to this particular area. 7. Any parking generated by the business would not require any additional parking - any on-street parking would be met on the site. 2 Decision and Notice Appeal No. 1992-33 Conclusion: Accordingly, a motion was duly made and seconded that based upon the findings in Appeal #1992-33, The Board grant a Special Permit for the relief sought to convert the building involved from a garage into an antique shop subject to the plans and information submitted and in accordance with the following conditions: 1. The garage be utilized primarily for the antique business. 2. The "parking area,, as shown on the Site Plan shall be screened in accordance with section 4-2.5, Town of Barnstable zoning ordinance. 3. Hours of operation on the property be limited to no later than 6:00 PM. 4. The Special Permit granted to the petitioner shall be exclusive to the petitioner and not transferrable. The vote was as follows: AYES: LALLY, URENAS, JANSSON, NIGHTINGALE. NAYS: NONE Order: The application for a Special Permit (1992-33) for a home occupation of antique shop has been granted with conditions to Frank and Patricia Twyeffort for the location at 4339 Falmouth, Road, Cotuit, MA 02635. Appeals of this decisions, if any, shall be made pursuant to MGL Chapter Ater 40A, section 17, and shall be filed within Twenty (20) days after the date of the filing of this decision in the office of the Town clerk. 3 I Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringing:.an action within twenty days after the decision has been filed in the office of the Town Clerk. i i (v Chairman i i i - � -00 A) Clerk of the Town of Barnstable, i Barnstable County, Massachusetts hereby certify that twenty' y y y (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this da pains and penalties of perjury. y of / ✓C 19 9.z under the Distribution: Property Owner Town Clerk Town Clerk Applicant Persons Interested Building Inspector Public Information Board of Appeals i i f . 3-I - A RC-1 and RF Residential Districts 1) Principal Permitted Uses: The following uses are permitted in the RC-1 and RF Districts: A) Single-family residential dwelling (detached) . 2) Accessory Uses: The following uses are permitted as accessory uses in the RC-1 and RF Districts: A) Renting of rooms for not more than three (3) non-family members b y0the family residing in a single-family Y dwelling. B) Keeping, stabling and maintenance of horses subject to the provisions of Section 3-1. 1 (2) (B) herein. 3) Conditional Uses: The following uses are permitted as conditional uses in the RC-1 and RF Districts, provided a Special Permit is first obtained from the Zoning Board of Appeals subject to the provisions of Section 5-3 . 3 herein and subject to the specific standards for such conditional uses as k required in this section: A) Professional or Home Occupation use subject to the following: ., a) Not more than one (1) non-resident is to be employed. � - b) Such use is clearly incidental and subordinate to the use of the dwelling for residential purposes by its occupants. c) Such use occupies no more than four hundred (400) sq. ft. of the dwelling. � -outside-appearance_ of the #` building .or..premises or other, visible evidence of -such us`ey and `no more than one u (1)' =non-illuminated_ wa l-1--s.ign not-exceeding' two 2 s ft. in area listen , one . ,the occup,ant's name and occupation;.it .to.•,be.,d.isplayed. e) The buildings or premises are not being rendered objectionable or detrimental to the residential character of the neighborhood due to the use, exterior appearance, emission of odor, gas, smoke, dust, noise, electrical disturbance, or in any other way. f) No traffic will be generated in excess of normal residential neighborhood volumes. g) Any need for parking generated by the conduct of each such use shall be met off-street and not within a required front yard. 13 Q� g � � � , � � �� ��� c'E Ass. r Town of Barnstable fii �_r • " Zoning Board of Appeals BAR�� .: Special Permit V2 ,�. -9 P 3:09 Decision and Notice ' Appeal No. 1992-33 Applicant: Frank and Patricia Twyeffort, Jr. Address: 4339 Falmouth Road (Route 28), Cotuit, MA 02635 Property Location: 4339 Falmouth Road, Cotuit, MA 02635 Assessors Map/Parcel: 24/67 Zoning: RF Property Owner: Frank and Patricia Twyeffort, Jr. Address of owner: 4339 Falmouth Road, Cotuit, MA Special Permit Request: Section 3-1.4(3) (A) 'Home Occupation Activity Request: To permit a residence with a home occupation in a garage. Construction Activity: Replace the front of the garage with a window Procedural Provisions: Section 5-3.3 Special Permit Background: This decision concerns the petition submitted by Frank and Patricia Twyeffort, requesting a Special Permit for a home occupation (Antique shop) to be conducted in the garage on the site of his residence in accordance with Section 3-1.4 (3) (A) Home Occupation. The site is at 4339 Falmouth Road, Cotuit, MA is located in a residential area. Procedural Summary: The application was filed in the office of the Town Clerk and at the Zoning Board of Appeals Office on May 8, 1992. A public hearing, duly noticed under MGL Chapter 40-A was held at the First Floor Conference Room, School Administration Building. The hearing was opened on May 28, 1992 and was continued to June 11, 1992, to provide for site Plan Review, and then to June 25, 1992. On June 25, 1992, the Board closed the hearing and rendered its decision. The petition was heard by Board Members; Ron Jansson, Richard Boy, Luke Lally, Gloria Urenas, and Acting Chairman, Gail Nightingale. On May 28, 1992, Attorney Jeffery Johnson appeared on behalf of the applicants. Attorney Johnson discussed the history of the property and submitted a copy of the prior decision granting relief to the owner for a dog grooming use. Attorney Johnson discussed Mr. Twyefforts proposal for an antique shop and stated that the requirements of the Zoning Ordinance relating to Home occupation are complied with. Increased vehicle trips was discussed. 1 ecisiou and Notice Appeal No. 1992-33 Speaking in support of the proposal was an abutter, Mr. Soars, who stated that he does not feels that this would increase traffic or cause congestion. Also a letter of support from Mr. and Mrs. cohinos was read into the record. Speaking in opposition to the petition was Jan Mullaly who addressed the issue of traffic and raised concerns over the neighborhood becoming commercial. A motion was made to refer this proposal to Site Plan Review pursuant to Section 4-7.3 (3), since this is a change of use which may necessitate additional off-street parking, and then continued this hearing to June 11, 1992. I On the June 11, 1992 Public Hearing, the Board discussed the petition briefly and determined, that because two of the Board members who initially heard this petition were absent, they would withhold making a decision until the Public Hearing of June 25, 1992. At the Hearing of June 25, 1992, Attorney Johnson was present on behalf of the I i I ' petitioners. He briefly recapped the contents of the petition. An approved Site Plan was submitted into the file. Finding of Fact: Based upon the evidence submitted and testimony given at the meeting of May 28, 1992 and June 25, 1992, the Zoning Board of Appeals unanimously found the following: 1. The petitioner in Appeal #1992-33 complies with the requirements of Section 3-1.4 (4), in that first, there is not more than one non- resident employed on the property. . 2. The use of an antique business is clearly incidental to the residential use of the property. 3. The use proposed before the Board and approved by the Site Plan Review, in the existing garage, does not occupy more than 400 square feet. 4. There is to be no change to the building other than the windows, to make the garage more aesthetically pleasing to the neighborhood. 5. The property shall not be rendered more detrimental or objectionable to the neighborhood affected, especially in view of the fact that the property abuts Route 28. 6. There was no evidence presented to the Board that there would be additional traffic generated in excess of normal amounts to this particular area. 7. Any parking generated by the business would not require any additional parking -.uny on-street parking would be met on the site. ,ision and Notice Appeal No. 1992-33 'Conclusion: Accordingly, a motion was duly made and seconded that based upon the findings in Appeal #1992-33, The Board grant a Special Permit for the relief sought to convert the building involved from a garage into an antique shop subject to the plans and information submitted and in accordance with the following conditions: 1. The garage be utilized primarily for the antique business. 2. The "parking area„ as shown on the site Plan shall be screened in accordance with Section 4-2.5, Town of Barnstable Zoning Ordinance. 3. Hours of operation on the property be limited to no later than 6:00 PM. �*�4�.'�e�.:Sp a1�Pe-rm�tgr���t�pe_tlt�o�ner shall be"�;exclus; ve to �-� the�pettioner;�annd�not�t'ransferrable� � The vote was as follows: AYES:' LALLY, URENAS, JANSSON, NIGHTINGALE. NAYS: NONE order: The application for a Special Permit (1992-33) for a home occupation of antique shop has been granted with conditions to Frank and Patricia Twyeffort for the location at 4339 Falmouth Road, Cotuit, MA 02635. Appeals of this decisions, if any, shall be made pursuant to MGL chapter 40A, Section 17, and shall be filed within Twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. i 3 Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringing-an action within twenty days after the decision has been filed in the office of the Town Clerk. Chairman i i I' y AJ L ` '� �» Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this ' pains and penalties of perjury. day of / ✓C- 19 9.Z under the Distribution: Property- Owner Town Clerk Town Clerk Applicant Persons Interested Building Inspector it Public Information i Board of Appeals i I i .. i