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Home My WebLink About0150 HUMMOCK LANE 1,5 0 � 1 11 I•: t ATTORNEYS AT LAW ISAAC E. SIMONS (1916-1955) 15 COURT SQUARE JAMES B. MARCUS BOSTO N, MASSACHUSETTS 02108 C. D. TADEMA-WIELANDT (617) 227-3117 JOAN M. LICITRA M ICHAEL J.OWN EILL IN REPLY PLEASE REFER TO 3833-C FILE NO. April 6 , 1989 State Building Code Appeals Board Commonwealth of Massachusetts One Ashburton Place Room 1304 Boston, Mass. 02108 Re: Appeal of William R. Cuming Lot 19 , Hummock Lane, Cotuit Barnstable County, Mass. Docket No. Dear Sir or Madam: Enclosed herewith for filing in the above matter please find: 1 . Original and three (copies ) of the appeal form; 2 . Four copies of the service notice; 3. Four copies of the building permit which is the subject of this appeal; 4 . Filing fee in the amount of $150. 00 . Yours very truly, / Michael J. O'Neill MJO/ag Enc. cc: Joseph DaLuz Anne Gould James Gould 1 it &7joaowl ol / and . �.ndQ Michael Go ernDukakis or ✓``�CiD��srea� Jla�� lu�aixg me ./iaae - Ro�' 713N Kentaro TsutsLnd 0°708 Chairman (617) 727-3200 SERVICE NOTICE Docket Number: I, Michael J. O'Neill as attorney for the Appellant/Petitioner William R. Cuming in an appeal filed with the State Building Code Appeals board on April 7 1 19 89 HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDING REGULATIONS AND STANDARDS AND SECTION 121.2.1 OF THE STATE BUILDING CODE, I SERVED OR CAUSED TO BE SERVED, A COPY OF THIS APPEAL APPLICATION ON THE FOLLOWING PERSON(S) IN THE FOLLOWING MANNER: NAME AND ADDRESS OF TPERSON/DDA'ENC_' SERVED METHOD OF SERVICE DATE OF SERVICE BarnatAfel9uildin Commissioner g Certified Mail April 7, 1989 Town Hall Return Receipt Requested Hyannis, Mass. 02601 Anne Gould Certified Mail April 7, 1989 4225 Via Padova . Return Receipt Requested Claremont, CA 91711 James Gould April 7, 1989 P.O. Box 161 Certified Mail Hummock Lane Return Receipt Requested Cotuit, Mass. 02635 Signature-APPELLAnT/PTIiIONEP. -� I' On the Lay of L 19 THE PERSONALLY APPEARED BEFORE ME THE ABOVE-NAMED (Type or Print the name of the A_*rpeliant) AND ACKNO'v7,EDGED AND SWORE THE ABOVE STATEMENTS TO BE TRUE. MY COMMISSION E RES: y� A 9 SB0Ab-1G-0:-3 Al � Oa4Ka./ p �• ;luPouu �iQ�,tda mod. �VW�"L' 01 Fee Re: 'd. : e, c k No. : Rec 'd. bv: 0.? 08 Date: STALE BUI:.DING CODE A.A?ZkLS BOARD APPEA:. A_pPLICA:ION FORM DATE: April 7, 1989 Docke: Numoer. :he undersigned hereby appeals to the State Board of Building Regulations and Standards from the aec.s.on of the (check appropriate boxes) : Building Cf___ial from the City/:o4-n of. Barnstable Board o: apoea_s _rorr, the City;To4T, of: Other :,eenc;a/Offic_al enz___ed. State A,-en .,_r_.._a: ent_:.ied. C:.._... Dates: February 21 '_° 89 havinZ been aggrieved by such (c.ieck appropriate boxes) : Order Recu,remenz D'-_-ec__ �or. -ai:ur� t� ��_ _ _ issuance of a �uildinp permit for the X Other Zxp.a3.n construction o a res dnce S ud i ec_. ;s_.._= a brie_ s=te^j--t of re.s- = and p^.-riDal pears upon sic-', trie a __, tic:, a^aeal o- pe____�.. is based) A_- APPROP=_:.I'- SZ=' ON'S 0- —fF CODE -S7 BE ' :S7 D 780 CMR 113'.5 st tes than anya ica on. or a u y a ed by not less than three �3) copies of ��ecirications ant p ans, s owing t e nature an� Iciaracter or the worx co oe per orme rov es at, i a r e ebullai commissioner shall stamp and er. orse in writing she puns, and ��ia�� retain one se�g In this case, the Bul ing Commissioner has not retainea the p ans or Ene spectflcaLtuns. State .,__ef'-v Desired Relie_`. npolnra Building permit issued February 21, 1989, to James Gould, Agent for Owner Anne G. Gould, null and void �'=EL---=-N ?villiam R. Cuming c/o Michael J. O'Neill, Simons & Marcus, 15 Court Square, Boston, Mass. , 02108 :eleoncne Number: (617) 227-3117 ADDRESS 0= _ -F-v INVOLVED: Lot 19, Hummock Lane, Cotuit, Barnstable, Mass. TO PROPER ' .NVOLVED: abettor T _ William R. Cuming, SBCAz•-:C-°_•-; By his attorney, / c, c Michael J. O'Neill i 111m >3 N. 1®Yi Akl uuJ� .. .. Oa• r yy ♦ P+ O - t ; ATTORNEYS AT LAW �•� � gDV 15 COURT SQUARE - Ico •- $ '.:1Ly ""C �a�> F+.t..i� BOSTON, MASSACHUSETTS 02108 7 AFAf z USA, a USA a Mr. 50 •� . Joseph aluz 50 . c3 D p Building Commissioner Town Hall Hyannis, Mass. 02601 CERTIFIED 1 \ o 80 95 •3 0CL a o Er t c E m G H ® m m m }I l =053-027 e""di CIA; ex 0/C Y"b�r,t r*Ir � ,•9� (��/,Id�CP/Vt/!1I.1/[Q/Q�V(/lFif��C7��1?.�J'/vK�Cs.f.GLQ�t/f.0726�Q�21J�eyLI.I/YtQl.Gi-(LJ' Michael S. Dukakis Governor 6~ 1d 111W4&"1 9'400m�4Y0Y Kentaro Tsutsumi Chairman gym; ��Cl�dGrr�t[6Pcf 02708 Charles J. Dinezio (617) 727-3200 Administrator STATE BUILDING CODE APPEALS BOARD July 6, 1989 Michael J O'Neill Simons and Marcus 15 Court St Boston, MA 02108 RE: Docket: #89-67 Property Address: Lot 19, Hummock Lane . Barnstable We are pleased to enclose a copy of the decision relative to the above-mentioned case wherein certain variances from the State Building Code had been requested. Sincerely, TATE BUILDING CODE APPEALS BOARD Peler`�.aiko c Clerk cc: State Building Code Appeals Board :t Z W e W-- Collf;r�0/ "A�C99 . Q1'y S� y t(�I.CULC/VJ �VJuit4�cvvs rcl/��^��w'Q%1a�VGl!/�it�� Michael S. Dukakis dirlwot"IckC/tA� 001 pelxuW-1�w/ Governor C/ JPlacel- W~n, Kentaro Tsutsumi Chairman �ad/art� � ar�i acve�fd 02708 Charles J. Dinezio (617) 727-3200 Administrator STATE BUILDING CODE APPEALS BOARD Docket #89-67 Date: July 6, 1989 In accordance with MGL c143, Section 100 and the Commonwealth of Massachusetts State Building Code, this Appeals Board has found the following: The appellant, William Cuming, on April 7, 1989 appealed to this Appeals Board the decision of the Building Official, Town of Barnstable. On May 25, 1989, a public hearing was held in Boston before members of the State Board of Building Regulations and Standards who acted as the State Building Code Appeals Board in which a majority of the said Appeals Board found in its opinion the enforcement of the Massachusetts State Building Code would not do manifest injustice to the appellant and the `relief requested would not conflict with the general objectives of the State Building Code and any of its enabling legislation. There were present at the said hearing: Michael O'Neill, 15 Court St, Boston Joseph DaLuz, Town of Barnstable, Barnstable STATE BUILDING CODE APPEALS BOARD Docket #89-67 Date: July 6, 1989 Docket Number: 89-67 Date of.Hearing: May 25, 1989 The Appellant, represented by his attorney, testified that he was an abutter to a property located in Barnstable where he alleges that no building plans are available for the construction of single family home which will be constructed on the property next to his. The Appellant alleges that Section 113.5 requires that such plans be on file and available to the public. The local inspector testified that he had issued a building permit after reviewing the plans and admitted that no plans are on file in his office for this, or any other single family, building permit. Space limitations require that only commercial project have plans retained. Following testimony, the Board found that,on uncontroverted testimony, the requirements of Section 113.5 have not been followed. The local inspector is ordered to comply with Section 113.5 and to make available a copy of the full set of building plans and must keep them on file and available to the Appellant and other members of the public who may seek the records.. SO ORDERED The following Board Members were present and voted in the ab manner: Chairman, Thomas E. Donovan Do uglav Cole Smith Joseph,Ceilucci A true copy attest, dat v Clerk Peter Larkowich Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to a court of competent jurisdiction in conformance with Chapter 30A, Section 14 of the General Laws. TTIT FORM AM-8 i ecBoanc/a�i�u,ildr�z�c��[i/afiioszd��zd��lAeza!a�da� - - . G/.�s�olz/r.�o z - �ao�v4.9o7 p 8:2 2 343 9661 mod lori, r 02408 U.S POVAGE �1AS45 oe.acr6 603776!S «� 1 '�`. i ��ti �� ;4`. t .. i ice- -� _ _, - _ � , /�' 1- -- - _�_ +. - - .,,�_ �`��' _�: :rr!vta^�r•rrtar:. r ,� z� s� + �,r)�r''�c'°"`^�:',rr�� Q�(N OF BARWSTA.BLE, MASSACHUSETTS � ��'�® N rt�zt'•aaxy..r February21 89 ®' T 7 r DATE 19: PK=RMIT.NO 1V r. t APPLtCAt{T RO�ers & Harney f InC ADDRESS ' P•'O• BO}+± 310 ; Oste�ville, AMAOIfS : : (STREET) v ;A ICONTR S�,LICE'NSE) st PERMIT TOr wild elwe Ili ng & garq�ge ) STORY Singlefali�y dwelling NUMBER OF r * ;(TrIPEE'9 IMPROVEMENT). NO. .t` (PR OPOSED USE)!;' DWELLING AT (LOCATdON) lot #19 150,:Hum0,rk La11e, COCuit ZONING DISTRICT (STREET) r R BETWEEN - - ' AND r. ;s-..t ''Yi t a ` ,>, ? (CROSS.;STREET), ,:(CR.OSS STREET) „<; iF ,� �j a h s SUBDIVISLON LOT LOT BLOCK SIZE - x BUILDING IS TO¢E. FT. WIDE BY FT'. LONG BY FT IN HEIGHT ANDISHALI:'CONFORJ4 !N CONSTRUC�'>'• �^' '. t '. - F,� t :- r r �iv"t�yt�7�I�''�F't� „��a•� i TO TYPE S z x USE GROUP -BASEMENT WALLS OR FOUNDATIONI (TYPE); l.# f} ry E s Sewa a ��$8- gas ,x REMARKS' g 37Z 3} 1Lrk 4j 4 471 ob AREA VOLUME 3160 S,Q� ��s 4O OOO PERMIT.,- ESTIMATED COST r EE °" 'r t�zw } (CUB IC/50 DARE FEET) Jaiaes could OWNER ADDRESS f, BUILDING OEP7 C k 14 , fi COMMONWEALTH OF MASSACHUSETTS Y t . BARNSTABLE, SS. LAND COURT DEPARTMENT i CASE NO. 13 L)j'SL I� WILLIAM R. CUMING, ) i Plaintiff, ) VS. ) COMPLAINT II RON S. JANSSON, AS HE IS ) CHAIRMAN OF THE TOWN OF ) BARNSTABLE ZONING BOARD OF ) APPEALS, DEXTER BLISS, GAIL ) i� NIGHTINGALE, RICHARD BOY, ) LUKE LALLY, AS THEY ARE ) MEMBERS OF THE TOWN OF ) jj BARNSTABLE ZONING BOARD OF ) iI APPEALS, HELEN WIRTAMEN, ) 'i ELIZABETH HARTON and JAMES ) I MCGRATH, AS THEY ARE ) �i ALTERNATE MEMBERS OF THE ) TOWN OF BARNSTABLE ZONING ) '! BOARD OF APPEALS, JOSEPH D. ) DALUZ , AS HE IS BUILDING ) 1! COMMISSIONER OF THE TOWN OF ) BARNSTABLE AND ANNE G. ) GOULD, _—Defendants:--�-- I This is a complaint brought pursuant to G.L. c. 40A, I� ' sec.- 17, appealing a decision of the Town of Barnstable 11 Zoning Board of Appeals , a copy of which is attached hereto l as Exhibit A. Said decision was filed with the Town Clerk of ; I Barnstable on May 11 , 1989 . Said decision deals with a building permit issued for building on a lot abutting a lot 1 owned by the Plaintiff . 1 . The Plaintiff is a resident of Sharon, Massachusetts . i 2. All of the Defendants except for James McGrath and i i Anne G. Gould are residents of Barnstable , Massachusetts. James McGrath is a resident of Yarmouth, Massachusetts and li Anne G. Gould is a resident of Claremont, California. i 3 . The said decision of the Board of Appeals denied an appeal by the Plaintiff of a decision by the Defendant Town jlof Barnstable Building Commissioner on February 21, 1989, I j� granting a building permit for the construction of a new �I single family residential dwelling, plus a detached two car (I garage, on Lot 19, Hummock Lane,! Cotuit, Barnstable, Massachusetts , which is owend by Defendant Anne G. Gould. ;j Said Lot 19 is hereafter referred to as the "Property. " The i! Pror:erty is shown on subdivision plan 8516G filed in the Land i it i Registration Office at Boston, Mass . , a copy of which is � filed in. the Barnstable County Registry of Deeds in Land Registration Book — s� it Number 60420 . i. 4 . On September 21, 1988, the said Building i �i Commissioner issued a foundation permit for the construction of the foundation of said single family dwelling. The �I Plaintiff duly appealed said issuance to the Defendant I I ij Barnstable Board of Zoning Appeals, which denied the �I Plaintiff ' s appeal by a decision filed with the Barnstable it Town Clerk on November 30, 1988 . The Plaintiff filed an i appeal of that denial in the Land Court within twenty days ji thereafter, and that appeal is still pending (Case No. ;I ii -2- ,i i! 131141 ) . The legality of the issuance of the foundation ' it vermit is in litigation, and this presents a materially jl different set of circumstances than were present upon the i, appeal from the foundation permit. 5 . The zoning district in which the Property is located is an RF zone. 6 . There now exists and has existed for many years a single family residential dwelling (detached ) on the Property I� used by the Defendant and her family. ; II 7. The said buil ding permit issued b the Building g F Y g Commissioner on February 21, 1989 was for the construction of a foundation for a second single-family residential dweling (detached ) . Said proposed new dwelling is in violation of � it II sections 2-2 . 6 ( 1 ) , 3-1 . 4 ( 1 ) and 3-1 . 4 ( 2 ) of the zoning ?I by-laws of the Town of Barnstable. Section 3-1 ( 1 ) of the said zoning by-laws permits only one single family �! residential dwelling (detached ) per lot in an RF zone and iispecifies that said use is a principal permitted use. jl Section 3.14 ( 2 ) specifies the permitted accessory uses in an RF zone. The use of the exisiting dwelling as .an accessory use, as proposed by the Defendant Anne Gould, is not 1 !; permitted as an accessory use under section 3 . 1.4 (2 ) of the i zoning by-laws. �I 8. The dwelling that already exists on the property has adequate facilities for occupancy apart from any other j structure. i� - - - -3- - -- - -- - i I; I _•�1e. ., t�r�� w e rl 9. The proposed new dwelling is not a permitted ! Iaccessory use in an RF zone and, in any event, such a use is ,I !� not incidential to the principal use but is in fact the same I� use. it �I 10. Section 4-1. 1 of the zoning by-law provides that: :I "within the zoning districts established herein accessory i uses or accessory building are permitted, provided any such !; use or building is customarily incidential to, subordinate to �) and on the same lot as the principal use it serves except as �I otherwise provided for herein. " 1: 11 . The existing dwelling and the proposed new dweling li on the property are both principal uses . The existing building is not customarily incidental to and subordinate to the proposed new dwelling. —1-2-.T-h e—P--r-o f-.e r-t y—consists of only---one--t o-t-. I t l a-ck s i the sufficient area and street frontage required to enable - I the creation of two lots in an RF district. i 13 . The aforesaid decision of the Board of Appeals exceeded its authority and should be annulled . it j 14 . A copy of this complaint has been filed within i twenty ( 20 ) days of May 11 , 1989 at the office of Town Clerk of Barnstable. li WHEREFORE, the Plaintiff demands judgement: 1 . Annulling the decision of the Defendant Zoning Board of Aj.peals and ordering the Zoning Board of Appeals to -4- - i .. .. *.,I _ ,, aTJ!..;,.. i,.3-.. .fix•.. .U`, :t;r X -s.sys,reFS ar�a.r.,.rr��,��"Slk. nc?r.il ,;,c r reverse the decision of February 21, 1989 of the Defendant it Building Commissioner granting the building permit. ii 2 . For any other relief this Court deems just and i proper. Plaintiff i By his attorney I i 'Michael J. O'Neill Simons & Marcus I) 15 Court Square I� Boston, Mass. 02108 (617 ) 227-3117 i! f it �I i i I I� 1 I I i I �I �I .I { -5- i i it _a,•��it '�� \TOWN OF BARNSTABLE ZONING BOARD OF APPEALS i ENFORCEMENT ACTION DECISION AND NOTICE •�% '•"' ?Z :46 APPEAL ## 1989-32 PETITIONER : WILLIAM R. CUMING ----------------------------------7------------------------- At a regularly scheduled hearing of the Barnstable Zoning Board of Appeals , held on April 27 , 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 , William R . Cuming , through Attorney Michael O'Neil , petitioned the Board for enforcement action pursuant to Barnstable Zoning Bylaws , Section 3- 1 . 4 ( 1• ) , Principal Permitted Uses , and Section 2-3 . 6, Number of Buildings Allowed Per Lot . The petitioner seeks to appeal a decision of the Building ��----- - -I n,pector= to-1 s sue a bu i 1 dl ng perm t t . The petit Goner' s attorney explained that the petition before the Board is closely related to another petition which was before the Board in November, 1988 (petition y1988-96) . in that case , Mr . Cuming appealed a decision of the Building inspector to issue a foundation permit for the construction of a single- family 'house on a 1 . 97 acre parcel of land shown as lot 27 , on assessor' s map 53 . The Board denied that appeal on the grounds that the existing building, an uninsulated beach house, was an accessory use and that construction of a single-family house on the lot would not constitute two principal uses on the same lot . In the present case, the petitioner seeks to appeal the issuance of a building permit which would allow the construction of a house on the foundation for which the previous permit was issued. FINDINGS OF FACT: Based upon the evidence submitted , the Zoning Board of Appeals, by a motion duly made and seconded, made the following findings of fact : `r�r y 4 "'S-• � "�...".::-=-`. .., .. .. fig,win. ^'�#-'*Ez; _ ..,...... .._.....,..,...�,.�......�.,...,....._ _ .. .. ...�. ... -- .itar:. - -,'..ems . is gas . I that the circumstances of the case before the Board tonight are the same as in the previously denied petition (# 1988-96) , except that the petitioner seeks to appeal the building permit instead of the foundation permit; 2 that the relief sought is identical to the relief sought In petition #1988-96; 3 that there are no specific and material changes in the conditions upon which the previous unfavorable action was based and, therefore, this" is a repetitive petition under MGL Chapter 40A, Section 16. The vote on the .findings of fact was as follows : AYES : BOY , JANSSON, LALLY , NIGHTINGALE , WIRTANEN NAYES : NONE Eased upon the information submitted and the findings of fact , at a meeting held on April 27 , 1989, by a motion duly made and seconded, the Board voted to deny the relief sought as follows : AYES : BOY , JANSSON , LALLY , NIGHTINGALE, WIRTANEN NAYES : NONE- - Pk h Y''3'�L' -Y'v"`S .^�n'N...R¢g, iiF' r'— aa.er ur.•P.�s..eu+:.3: e�+alY 'sus `�W l.J � T"'^. ��L..�oii•W— y r,.:;a`G �4 y. p�, 1f•� .^.. 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 cF the Commonwealth of Massachusetts by filing a complaint In said Court as well as notice of action with the Barnstable Town Clerk , within twenty ( 20) days after the Filing of this decision In the office of the Town Clerk, Chairman, Cy Zoning Board of Appeals Town of Barnstable ---- C'I r-k-o F-the-T o-wn-o-f 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 day of 19_ _under the pains of perjury. 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'�u'yy+r `q t`'t.'. a 4 q- d" tx A ^Twro',k z .n f't"'- ra r��v xr..± rarxc�.•rrar •x�S «- .. •v' ' r...A 4 A dro w •. --w••a.ra of qVIA.�'."t`r4i 4n., . a rm.e r � ! .`a�, as -: .✓i,',+X z ..p... q� - � {.. : 3 'ieij y�,Ye... *Rra N� ar..-s-ate D' ;. ? .., L ro,�,� ro•^Ys ti * ,.,erf'Y' '.•-•.1' } -c� -o{ a�t,w r ro '', 5� �. `May 30, . 1989t u. r h 'A +r C Y K F R ^t 2CfCk,, r3xuc. .3YFr..yY..`6if S r�.x+�I 11 ... i .�r;. [ .€•.r�u.. e..ce *+ y, d 4 M:. F tc..T F„„^{ :•t=�' �rl'F'�'-- .•. 6' '�.a.t M1M3 �� :F a^l"ik c • . ... -�.{ .F S Y K � '`a� 2 Y 1w }p ,..'� 1 f� i�''t.F+1 y aY.�'€Lxt ''!` �.. Y.2. � Town 'Clerk -of Barnstabl ?;... �.�' -'4 ;; •'~b.Yx.-. a, •' -.maxYt % 1e ` �` af' °��r ,a� Barnsta`bli', Mass. 02630 ... �+�f..+,.- {-L"r.Fr •T E f .. - ....Y.< t.3....... ..-.-..ZT. ai..'2��rs..Y,_..,.f'.3�4.1'u"'�,^fd�d .ro»�±.��6q. .. RespWilliam' R. .Cuming vs..KE � � $* Ron- S. Jansson,- as he' is Chairman of x x r theaTown of Barnstable Zoning Board o£_ ApF;ealst ' FY't, fr �• _ .Land Court s4{�� a . -.. _.. f " a t .m '�.,��.. ._. .�.� _ � ` - — - s+hi�wr+,ro......�.i'`r e••a•F4..h{•�-�.�+. Dear 5i.r - -„ -. .. - w w: s_ t F-..,._..... .x=i•- � - '..'.3_ _ - - � - J .,....2 1"^" .74:�es�"....c-C'R'..�. ^`S.:F...�.. Notice .is 'hereby given that William R. Cumin has_fi2 � _. ct- ed in Land Cour J.W �,.a_; :. _--R �. , - - t, ' lfhin tent ( 2t. ) 'ays of �a . 11 , gBA, an al;r.eaI from the =decision oP ,the 'Down of Barnstable Zoning -Boardw of -Ar.peals _ whic 16.d with the Town �Cler`k ,on' MayY 4; � �.z� y denying' an`af eal a bx;ryhim"of a`,-. eci si'on of� the .Town of:,:Barristabl�e �� ' t"" Building ..Commiss'ioner ,,irssuinq a' buildi inq",}� a"rm�t 'for the ;�,�, i , construction of,ti a new ,4single .farm ly xesidenti'aldwel ling r on Lot � . 19, _-Hummock :Lane, Cotuit ,Barnstable,' on `land owned by `Anne G:r Div, A rz Gould. A cofy o'f t}he fcomF laint ise enclosed herewwith. ., «. T A fi{ !Ak x..& .Y $'.::fi ^ ,dig:'� A Ll,✓ 68. ,'�} 4. i 3A� �r Ai�yA y. _ • . *a:�6• 9 �":,3f '; s >, Y^;ya x--''"ro ;,- {,.e• PL .��• a ,. .A.kue°.,-�,a,+ f" Yours very r truly, �.9 ,� y�r , far aS! k, 1'.i' ,µ f -piiX`,f, R } .54-L+• : r o-r h.,�,< � .�c r, •, .`r, •i'��, r �=�,�i�� ,fit., � � rq Michael J: _O'Neill,{ a aFpa FSu a ��taatt« A ro '- a r I Fr, �•a. <, s. r Fr rd n lk�+4��txa.tSf"� '+�x kyVr�w'" ".z.> �, , e a 3sa �r �. � k � ✓t'� ��E �* k� } X�:3iv j, •I F e x' r s s _1 MJO/ag' - T k ,z 'Enc. a e. - :� s •.t .n yw6� 5 tT1. .s. a rq,'„ �r y :p ATTORNEYS AT LAW ISAAC E. SIMONS (1915-1955) 15 COURT SQUARE JAMES B. MARCUS BOSTON. MASSACHUSETTS 02108 C. O. TADEMA-WIELANDT (617) 227-3117 JOAN M. LICITRA MICHAEL J.O'NEILL IN REPLY PLEASE REFER TO FILE NO-3433-A June 1, 1989 Charles W. Trombly, Recorder Land Court Old Court House Pemberton Square Boston, Mass. 02108 Re: William R. Cuming vs. Ron S. Jansson, et. al. Land Court Case No. 131141 Dear Mr. Trombly: This is to confirm that the Plaintiff ' s Motion to Ccmpel Production of Documents from Defendant Anne Gould is continued from June_1_, 1989 tQ__J_une_9,_-19.8.9__at__10_: 00 - - Yours very truly, I Michael J. 0,Neill MJO/ag cc: Robert Fast, Esq. Barnstable Zoning Board of Appeals Joseph DaLuz, Building Commissioner w J04rpm D. SALUZ - _ TELOPHONEo 775.1120 Building Commissioner EXT. 107 TOWN OF . BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 October 27, 1988 TO: Board of Appeals FROM: Joseph D. DaLuz, Building Commissioner RE: Zoning Enforcement/GOULD - Appellant: William Cuming I have spoken with Attorney Tadema'-Wielandt concerning the building on lot #16, Hummock Lane in Cotuit. First, Section 2-3.6 states . . . . "only one principal permitted building shall be located on a single lot". The key word is "principal". 'The owner is constructing a dwelling of some 5,000 square feet. This will be the principal building. Section 4-1.1 "Within the zoning districts established herein, accessory uses or accessory buildings are permitted, provided any such use or building . is customarily incidental to, subordinate to and on the same lot as the prin- cipal use it serves except as otherwise provided for herein". This same building in question served as quarters- for the previous owner. .In fact, Mr. Martin, my assistant knows the man who lived in the unit. Nevertheless, I have discussed this issue with Town Counsel, Robert Smith_ and he concurs that a violation does not exist. I might also add that Mr. Gould will submit a-letter stating that the building will be for his own private use. cc: Town Counsel i :i iy r � NNE G� a 4Zr = - .� YIZY�T at -Aw U S � 1 AI'1'I;:A), No. -- bA� .IAM,I' s, NOTICE OF APPEAL 11'0%VN OF BARNS'FABL TOWN CLERK INMFIUMMUXXxxxxxxxxxxxxxxxxxxxxxxxXXXX..UNMIi c 6�kft MV APPEAL FROM THE DECISION OF THE BUILDING COMMISSIONER PER SECTION 8 OF M.G.L. CH. 40A '88 OCT 17 P 2 54 To the Board of Appeals, Town Iloilo Ilynnniq, NIA 026U1 Il:1tt• .October 19 88 reverse The unclersi6/reed petilimss file Deleted of Appeals fox+liK HttxkhcnY zsttKxlxktt►cxEt�sKtxasxac4cawa�kttotlxxxemd�axb6,the decision of the Building Commissioner tak n on 9/21H/8 rE�ljiiiei'+i�i4�67ttECF �SYt�4aW'S�fil'dtda�7�iLtKSr`iif►F�Yy`iM�G BXIS� K,`ctili aALt �Ftl1'Jt4f,�. 1t. Ap ellant: A FW(ffilA William_R._ Cuming - --- IFull Nnnle! 1'1'rlrphone Nmnl,rll Address: Lot 16, Hummock_Lane,, Cotuit, MA Uwner: Anne G. Gould 1Fn11 Nnmrl 1.1'rl red hune. Nuull,rlI Address: 4225 Via Padova, Claremont, California Prior Uwner of record -_ James W. Gould and Anne G. Gould Tenant of nnyl. None Appellant IFltll Nnnlrl ---- ---_----- 1'frlrphmrr Nlfin11r11 If A1IYj11Ycilikother lhnre Owslrr fir lie vprsly - gl.nle nnlnre of interest abutter atigrieved by__a decision o� the BuiJ-dlnf Commissioner made on September 21, 1988 I. ssessors letters nose lot nlnnlrer -pAp-r _r �_f 1 2. Locotion of 11rereoises Lot 19, Hummock Lane Vilinge Cotuit Iflnrlle of streell (What section of'rown) 3. Uintensions of lot _150' 424' IFreli Altel luepthl V%plsre Feet) 4. Zoning district he which premises nee Incslted RF 6. ')low long Ions owner lend title to the. n1mve prrnoises? - 6. flow hinny buildingq glee now fill the 110? 7. (Uive size of er+;tinf; F1uildila;n . 45' x 15' single fami.l.y dwelling, 1'eop11sed huildinl,a _ .. 72' x 49' dwelling .23�G,'� x_• 2.3_'6"-.garage-__.._ .. ..--.--•._ _..__ . . . single family residence 8. Stnte present une o1 prenlineq -_---•--_—.-- two (2) single family residences 9. Stnte proposed use of I,l rnlisrn ----------- — 10. Give extent of proposed constluctimo or niteentions: new single family lyresldetttial .dwel.l n&— plus detached two car garage 11. Number of living units for which bnildinl; is to be orrnuged one 12. Have you subnoitted plans for nbove to the Building Inspector? no - 13. Iles he refused n permit? Ioundat.lon.hermit is us g- 9[ZJJ88__-_-_-__--_. rnfo crd -- 14. What section of zoning hylnw du pe lt elt to Wt Ire i�A1iP 16. Stole reasons for vorzitecnerl>vlcxjtQtimj]jxxTaikx appeal' Proposed dwelling would violate the foregoing provisions of the Zoning By-Law�_— which 4PkrAfy tl►at- 1:lier.e.-sltall--he an-mom.man-one._.pr.inripal__permit-ted-building._- on a single lot and in ;lit Itl' Zone, that that hual(Iin1, shall be a detached single family dwelling. Further a second detached single family dwelling is not a permitted accessary use iu ;lit I l' 7.oue and in any event such a use Is not incidental to the principal use but is in fact the same use. ».r t•rS 'r;...R•11!l.i��s.�....�.9 ,F I,t�t.�,• ,x:�rr,; � f r, loves) - 0. :i1.1"till) 1}11tre (,,.1ert:lr - l 11nVi t" WI liji to d ti is nacres tj I id maIIII It;tidd of the owners of property abutting the abutting owners of property and tl,e names and addresses of li,e owners across the street all with their corresponding map slid lot numbers according to the records in the Assessor's Office at ills date of this application: d Please type or print only. ;• ;, M 36 Lot #;f;s Name Address Zip Coder aP. �;. William R. Cuming Lot 16 I Hummock Lane r . Cotuit, MA Ruth D. Cuming Lot 16 w._.__,,—....,._ .... Hummock Lane ? Cotuit, MA w I 1 Use additional separate sheet slid so note if necessary There must be submitted with the application at the time of filing, a plan of the land, (Five 151 Copies) allowing: 1. Not applicable to this appeal. The dimensions of the land. 2. The location of existing buildings on the land. y M_. 1y 8,.ss'The texact tlocation of the improvements sought to be placed on the land. (All three of the above drawn to ncnle) ch plans will be returned without action by the hoard of Appeals. Applications filed without su William R. Cuming By his—Attorney S 6 S & KAACuv L Respectfully' submitted, / (Signature) B (Address) 15 Court SquarQ. RnGrnn�MA (] 1� I Tel. No. (617) 227-3117 i - . . • Please submit 6 copies of petition form. a • Filing fee of required with this petition i T HALE AND DORR COUNSELLORS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 60 STATE STREET CABLE HAFIS BSN BOSTON, MASSACHUSETTS 02109 WASHINGTON OFFICE TELEX 94-0472 1455 PENNSYLVANIA AVE.,N.W. TELECOPIER (617) 742-9100 WASHINGTON,O.C.2'0004 (617)367-6133 (617)742-9108 (202) 393-0800 CABLE HAFTS WSH TELECOPIER(202) 393-4497 November 22, 1988 Mr . Joseph DaLuz, Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Anne G. Gould Lot 19/Land Court Plan 8516-G Hummock Lane, Cotuit Dear Mr . DaLuz: Enclosed is Anne Gould' s letter regarding her intended use of the above property. I gave the Board of Appeal a copy at the hearing on November 17 . For some unexplained reason, Mrs. Gould' s letter took 13 days to get to Boston from California. As I assume you are aware, the Board denied Mr . Cumings' j petition. -ery truly yours, Robert E. Fast /ct encl. 4225 Via Padova Claremont, CA 91711 November 8, 1988 Mr . Joseph DaLuz, Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Anne G. Gould Lot 19/Land Court Plan 8516-G Hummock Lane, Cotuit Dear Mr . DaLuz : I am writing in regard to my construction of a house on the above property, on which a cottage currently exists. This is to confirm that the existing cottage will be used solely as an accessory building to the new house and its use will be for the purposes customarily incidental and subordinate to the use of the new house. The cottage will not be rented or sold but will be used only by our family in conjunction with our use of the new house. I should also point out that in the deed to our property from Mr . Cumings ' predecessor in title it was anticipated that we could build and expected to build a new house although the cottage was already in existence on the property. I have enclosed a copy of the relevant portion of our deed. If you need any further information or assistance, please do not hesitate to contact me. Sincerely, Anne G. Gould encl . HALE AND DORR COUNSELLORS AT LAW .- A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 60 STATE STREET - CABLE HAFIS BSN BOSTON, MASSACHUSETTS 02109 WASHINGTON OFFICE TELEX 94-0472 - I4SS PENNSYLVANIA AVE.,N.W. TELECOPIER (617) 742-9100 WASHINGTON,D.C.20004 (617)367-6133 (617)742-9108 (202) 393-0800 CABLE HAFIS WSH TELECOPIER(202) 393-4497 November 4, 1988 Mr . Joseph DaLuz, Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Anne G. Gould Lot 19/Land Court Plan 8516-G Hummock Lane, Cotuit Dear Mr . DaLuz : In accordance with our telephone conversation of this afternoon, I have enclosed a short memorandum relating to the propriety of issuing a building permit for the construction of a new house on the Gould property which currentlyhas it on a cottage which will be used only for those purposes which are customarily incidental and subordinate to the use of the new house. I am getting a letter from Mrs. Gould on that subject and will forward it to you as soon as I receive it from her next week. If you need any further material, please do not hesitate to contact me. We will plan to attend the Appeals Board hearing. Very truly yours, Robert E. Fas /ct enc. cc: Anne G. Gould Steven Gould 4 c Gould Property, Cotuit, Massachusetts You have asked me how the Cotuit Building Inspector could properly issue a foundation permit for Mrs. Gould' s proposed dwelling since there is presently a building on the lot. The Building Inspector properly issued' the foundation permit because the new dwelling will be the "principal" family dwelling, while the existing building is an accessory building, to be used solely as a guest house. The Barnstable Zoning By-law ( the "By- law" ) provides in' Section 2-3.6 that in Barnstable, " [u]nless otherwise specifically provided for herein, within residential districts, only one principal permitted building shall be located on a single lot. " However, Section 2-3 .8 further provides that " [i ]n any residential district a' one (1) family dwelling and its accessory buildings may be erected on any lot which complies with the applicable provisions of Chapter 40A of the General Laws. " Mrs. Gould' s property is located in an RF Residential District. The "Principal Permitted Use" in an RF District is a single-family residential dwelling. Section 7, the definition section of the By-Law, defines "Dwelling, Single Family" as "a detached residential building designed for and occupied by a single family. " Because the existing building is unheated and uninsulated, it cannot be used as a residential family dwelling. The proposed dwelling will therefore be the "principal permitted" building. The regulations for each residential district .contain specific "accessory use" provisions; see e.g. 3-1.4( 2) . However, there is no equivalent provision specifically regarding accessory buildings. It is therefore necessary to consider the "Supplementary Provisions" found in Section 4. Section 4-1.1 regulates both accessory uses and accessory buildings. It provides that " [w]ithin the zoning districts established herein, accessory uses or accessory buildings are permitted, provided any such use or building is customarily incidental, subordinate to and on the same lot as the principal use it serves except as otherwise provided for herein. " (emphasis added) Section 4-1. 2 of the By- law provides exceptions to the general rule of 4-1.1 where special permits - s are required.P Section 4 1. 1 permits�I q s accessory y buildings or accessory uses in addition to those provided in the "accessory use" section of each residential district regulations. Any other•` reading renders Section 4-1. 1 superfluous as it applies to the entire By-law. 64 W CIA W, 0/C�P"it;r,t raA+ 5�•` ��`a,�Pi JJ�Cl/tl�a�elJu�;�!�;,�,�""��a�a�Gona�a�neL�� Michael S. Dukakis �� Governor Kentaro Tsutsumi 611"e,o cPi Chairman �oafnn, � as scae�fa 02408 Charles J. Dinezio (617) 727-3200 Administrator STATE BUILDING CODE APPEALS BOARD May 2, 1989 i Joseph Daluz Building Commissioner Town Hall Hyannis, Ma 02601 Docket # 89-67 Dear Sir: The State Building Code Appeals Board requests your presence or that of your representative at its hearing relative to the above-mentioned case in accordance the attached notice. In the meantime, please forward to this office as soon as possible, a copy of the record, including all papers and documents relative to this appeal. Sincerely, - STA B LDWG CODE APPEALS BOARD / l Peter Larkowich Clerk s I cc: State Building Code Appeals Board ffi ~y� 1 � r�0/C�raU�r/Y Michael S. Dukakis Xirotark 19" 611�jxmddtnyl Governor Kentaro Tsutsumi Chairman �oai, � aac�,scaP,l,fy 02�08 Charles J. Dinezio (617) 727-3200 Administrator i STATE BUILDING CODE APPEALS BOARD May 2, 1989 William R. Cuming C/O Michael J. O'Neill Simons & Marcuse 15 Court Square Boston, Ma 02108 Docket #89-67 Property Address: Lot 19-Hummock Lane Barnstable The appeal for the subject property will be heard on Thursday May 25,1989 at 12:15 p.m. in the BBRS Conference Room 1301, at the McCormack State Office Building, Boston, Massachusetts 02108. Please bring with you any documents,plans,sketches or drawings that will provide information that will help to give the Board grounds to adjudicate the appeal. Sincerely, STATE BUILDING CODE APPEALS BOARD i Peter owich Clerk cc: State Building Code Appeals Board Building Inspector,Barnstable TOWN OF BARNSTABLE TO WIN r.,`ERii ZONING BOARD OF APPEALS ENFORCEMENT ACTION .8 NOV 30 P 3 :03 DETERMINATION APPEAL .NOs 1988-96 APPELANT: WILLIAM R. CUMING At a regularly scheduled hearing of the Zoning Board of Appeals, held on November 17, 1988, 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 the Commonwealth of Massachusetts , the petitioner, William R. Cuming, through attorney, James Marcus, appealed a decision of the Building Commissioner pursuant to Chapter 40A, Section 8, of the Massachusetts General Laws. The property involved is a 1 .97 acre lot which has 405' of frontage on Cotuit Bay, shown on Assessors' Map 53, lot 27, Hummock Lane, Cotuit, MA. , in an RF, one acre, single-family residential district. The petitioner, William R. Cuming, is aggrieved by a decision of the Building Commissioner to issue a building permit to allow construction of a 72' x 49' 3 .528 sq. ft. single-family residence at the above described location, and Is seeking enforcement of Section 3-1 .4 ( 1 ) Principal Permitted Uses and (2) Accessory Uses and 2-3.6 ( 1 ) Number of Buildings Allowed Per Lot. The petitioner contends that there is an existing single-family residence on the premises and that the issuance of a building permit by the Building Commissioner to allow construction of a second single-family dwelling on the same lot is in violation. of the foregoing provisions of the Zoning Bylaw. The Chairman read a staff report from the Department of Plan ning and Development which stated that the existing building on lot 27 was built around 1920. At that time, before the 32.750 acre estate was subdivided, it was shown as a beach house and considered an accessory building to the main dwelling. The present assessors' records describe the existing building as a wood frame, single-family dwelling, cottage style, having no basement and no heat, a fireplace, two bedrooms and two baths. The land is valued at $859,500, the building at $25,000. An upgraded septic system has been- approved and will be installed for this building. I i i r i. i ' I Anne Gould, owner of the property involved, through attorney Robert Fast, stated that his client purchased the property with the building on it. She now proposes to build a substantial , 3 ,528 +/- square foot, year-round dwelling on the lot and maintain the existing beach house as an established accessory use. !I The cottage, or beach house, is very small with no insulation, no bathtub, two tiny bathrooms with unfinished walls and has been used solely as a beach house and will remain as such. The beach house is to be used by the owner's family only and will not be rented out. FINDINGS OF FACT Based on the evidence submitted, the Zoning Board of Appeals made the following findings of fact: i .In the Town of Barnstable Zoning Bylaw, accessory buildings are not required to come before the Board of Appeals in a residential. area, unless the use is different. The existing building is not a livable year-round dwelling In that the walls are unfinished and it is not heated or 1 insulated. Based on the assessed value, the existing building is not a single-family residence and is more rightly described as a beach house. It has been shown that the family of Anne Gould will be the only occupants of the property and that they will be using the existing building. as. a beach house. Based on the above findings, the Zoning Board of Appeals, at a public meeting held on November 17, 1988, by a motion duly made and seconded, voted to deny the appeal from the decision of the Building Commissioner. The vote was as follows: AYES: JANSSON, NIGHTINGALE,. WIRTANEN, MCGRATH, BOY NAYES: NONE �, raw f, .---- -- - ---•_ - ___ . f,- 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 notce of action with the Barnstable Town Clerk, within twenty (20) days of .the filing of this decision with the Barnstable Town Clerks Office. 4.j Chairman i I , . 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 day of 719 under the pains and penalties of perjury. Town Clerk DISTRIBUTION Town Clerk Property Owner Applicant Persons Interested Building Commissioner Public Information Board of Appeals \TOWN OF BARNSTABLE O Wt ; i � ZONING BOARD OF APPEALS (�}(j� Jiff R ^ -a. e.41 ENFORCEMENT ACTION. "8,9 A;1' 7 P2 :44 DECISION AND NOTICE APPEAL ## 1989-32 PETITIONER: WILLIAM R. CUMING ------------------------------------------------------------ At a regularly scheduled hearing of the Barnstable Zoning Board of .Appeals, held on April 27, 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, William R. Cuming, through Attorney Michael O'Neil , petitioned the Board for enforcement action pursuant to Barnstable Zoning Bylaws, Section 3- 1 .4( 1 ) , Principal Permitted Uses, and Section 2-3 .6, Number of Buildings Allowed Per Lot. The petitioner seeks to appeal a decision of the Building Inspector to issue a building permit. The petitioner's attorney explained that the petition before the Board is closely related to another petition which was before the Board in November, 1988 (petition ##1988-96) . In that case, Mr. Cuming appealed a decision of the Building Inspector to issue a foundation permit for the construction of a single- family house on a 1 .97 acre parcel of land shown as lot 27, on assessor's map 53. The Board denied that appeal on the grounds that the existing building, an uninsulated beach house, was an accessory use and that construction of a single-family house on the lot would not constitute two principal uses on the same lot. In the present case, the petitioner seeks to appeal the issuance of a building permit which would allow the construction of a house on the foundation for which the previous permit was issued. FINDINGS OF FACT: Based upon the evidence submitted, the Zoning Board of Appeals, by a motion duly made and seconded, made the following findings of fact: r ,y f f I I that the circumstances of the case before the Board tonight are the same as in the previously denied petition (#1988-96) , except that the petitioner seeks to appeal the building permit instead of the foundation permit; 2 that the relief sought is identical to the relief sought in petition #1988-96; 3 that there are no specific and material changes in the conditions upon which the previous unfavorable action was based and, therefore, this is a repetitive petition under MGL Chapter 40A, Section 16. The vote on the findings of fact was as follows : AYES: BOY, JANSSON, LALLY, NIGHTINGALE, WIRTANEN NAYES: NONE Based upon the information submitted and the findings of fact, at a meeting held on April 27, 1989, by a motion duly made and seconded, the Board voted to deny the relief sought as follows : AYES: BOY, JANSSON, LALLY, NIGHTINGALE, WIRTANEN NAYES: NONE f 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 filing a complaint in said Court as well as notice of action with the Barnstable Town Clerk , within twenty (20) days after the Filing of this decision In the office of the Town Clerk. Chairman, cy Zoning Board of Appeals Town of Barnstable 1 . Clerk of the Town of Barnstable, Barnstable County, Massachusetts , hereby certify that twenty (20) days have elapsed since the Board of i Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and sealed this day of 19_ _under the pains of perjury. Town Clerk DISTRIBUTION: Town Clerk Property Owner Applicant Persons Interested Building Commissioner Public Information Board of Appeals SUMO S 0& ."!KAIRC US ATTORNEYS AT LAW ISAAC E. SIMONS (1916-1955) 15 COURT SQUARE JAMES B. MARCUS BOSTON. MASSACHUSETTS 02108 C. D. TADEMA-WIELANDT (617) 227-3117 JOAN M. LICITRA MICHAEL J.O'NEILL May 8, 1989 IN REPLY Jl.InREFER TO FILE NO. Robert Fast , Esquire Hale & Dorr 60 State Street Boston, MA 02109 RE : William R. Cuming vs . Ron S . Jansson, et al Land Court Case No. 13114-1 Dear Bob: Enclosed please find a copy of Plaintiff William R. Cuming ' s and Defendant-in-Counterclaim Ruth D . Cuming ' s Second Request for Production of Documents from Defendant Anne G. Gould. Yours very truly, Michael J. O'Neill MJO/km Encl . cc : Barnstable Zoning Board of Appeals Joseph DaLuz, Building Commissioner it COMMONWEALTH OF MASSACHUSETTS 3833A HBARNSTABLE , SS . LAND COURT I� CASE NO. 131141 �I i iiWILLIAM R. CUMING, ) PLAINTIFF WILLIAM R. (i Plaintiff ) CUMING 'S AND DEFENDANT- IVS. ) IN-COUNTERCLAIM RUTH D. IRON S. JANSSON, ET AL , ) CUMING 'S SECOND REQUEST Defendants ) FOR THE PRODUCTION OF VS . ) DOCUMENTS PROPOUNDED TO TRUTH D . CUMING, ) THE DEFENDANT ANNE G. Defendant-in-Counterclaim ) GOULD I i +i NOW COME the Plaintiff , William R. Cuming, and the !!Defendant-in-Counterclaim Ruth D . Cuming who, pursuant to Rule 34 of the Massachusetts Rules of Civil Procedure, request the iDefendant Anne G . Gould to produce the following documents for I iinspection and copying within thirty ( 30 ) days at the office of ;the attorney for William R. Cuming and Ruth D . Cuming, Michael I' IJ . O'Neill , SIMONS & MARCUS, 15 Court Square, Boston, - — --- -1i M a s s a c h-a-s e t t s -O Z-i-O 8 : ---- ---�-----`-� ,I Definitions : "Plans" refers to any plans of land, or proposed i (work on said land, regarding Lot 19 , Hummock Lane, Cotuit, �iMassachusetts , prepared by any agent, servant or employee of the i �IDefendant Anne G. Gould. I� ( Documents Requested : 11 . Any and all plans , or revisions to plans , dated January 6 , i 1987 . ,I �i`2 . Any and all plans , or revisions to plans , dated September 8 , 1987 . II iI ji i' I I I�13 . Any and all plans , or revisions to plans , dated November I 17 , 1987 . I I4 . Any and all plans , or revisions to plans , dated January 6 , 1988 . (15 . Any and all plans , or revisions to plans , dated April 7 , 1988 . 6 . Any and all plans , or revisions to plans , dated June 30 , 1988 . I7 . Any and all plans , or revisions to plans , dated September 20, 1988 . I8 . Any and all plans , or revisions to plans , dated November 7, 1988 . I Plaintiff , I) William R. Cuming, and Defendant-in-Counterclaim, Ruth D . Cuming., By their attorney, Michael J. O 'Neill SIMONS & MARCUS I 15 Court Square Boston, MA 02108 227-3117 I. i II I� I i �!I I� I I _ ji AFFIDAVIT OF SERVICE i I� I , Michael J. O 'Neill , attorney for the above-named Plaintiff and Defendant-in-Counterclaim, hereby certify that I ilthis day served a copy of the above upon the other parties in .1this action by causing a copy to be hand-delivered to the office 'I lof the attorney for Defendant Anne G . Gould, Robert Fast, Esquire; Hale & Dorr, 60 State Street, Boston, Massachusetts, 1102109 , and by mailing same , postage prepaid, to Barnstable ` i l�Zoning Board of Appeals, Town Hall, Hyannis, Massachusetts, �I02601 , and Joseph Da Luz, Building Commissioner, Town Hall , 11Hyannis , Massachusetts, 02601 . l ,Dated : May 8 , 1989 �` �'1 [�.4. e Michael J. O 'Neill (l SIMONS & MARCUS 15 Court Square - —-- - - . .- --------- -- -- Boston�._MA02108 227-3117 i I l I I� l li i` I r HALE AND DORR COUNSELLORS AT LAW ` A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 60 STATE STREET CABLE HAFTS BSN BOSTON, MASSACHUSETTS 02109 WASHINGTON OFFICE TELEX 94-0472 1455 PENNSYLVANIA AVE.,N.W. TELECOPIER (617) 742-9100 WASH]NGTON,D.C.20004 (617)367-6133 (617)742-9108 (202) 393-0800 CABLE HAFTS WSH TELECOPIER(202) 393-4497 November 4, 1988 Mr . Joseph DaLuz, Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Anne G. Gould Lot 19/Land Court Plan 8516-G Hummock Lane, Cotuit Dear Mr . DaLuz : In accordance with our telephone conversation of this afternoon, I have enclosed a short memorandum relating to the propriety of issuing a building permit for the construction of a new house on the Gould property which currently has on it a cottage which will be used only for those purposes which are customarily incidental and subordinate to the use of the new house. I am getting a letter from Mrs. Gould on that subject and will forward it to you as soon as I receive it from her next week. If you need any further material, please do not hesitate to contact me. We will plan to attend the Appeals Board hearing. Very truly yours, Robert E. Fas /ct enc. cc: Anne G. Gould . Steven Gould 4 Gould Property, Cotuit, Massachusetts You have asked me how the Cotuit Building Inspector could properly issue a foundation permit for Mrs. Gould' s proposed dwelling since there is presently a building on the lot. The Building Inspector properly issued the foundation permit because the new dwelling will be the "principal" family dwelling, while the existing building is an accessory building, to be used solely as a guest house. The Barnstable Zoning By-law ( the "By- law" ) provides in Section 2-3.6 that in Barnstable, " [u]nless otherwise specifically provided for herein, within residential districts, only one principal permitted building shall be located on a single lot. " However, Section 2-3 .8 further provides that " [ i]n any residential district a one ( 1) family dwelling and its accessory buildings may be erected on any lot which complies with the applicable provisions of Chapter 40A of the General Laws. " Mrs. Gould' s property is located in an RF Residential District. The "Principal Permitted Use" in an RF District is a single-family residential dwelling. Section 7, the definition section of the By-Law, defines "Dwelling, Single Family" as "a detached residential building designed for and occupied by a single family. " Because the existing building is unheated and uninsulated, it cannot be used as a residential family dwelling. The proposed dwelling will therefore be the "principal permitted" building. The regulations for each residential district contain specific "accessory use" provisions; see e.g. 3-1.4( 2) . However, there is no equivalent provision specifically regarding accessory buildings. It is therefore necessary to consider the "Supplementary Provisions" found in Section 4. Section 4-1.1 regulates both accessory uses and accessory buildings . It provides that " [w] ithin the zoning districts established herein,. accessory uses or accessory buildings are permitted, provided any such use or building is customarily incidental, subordinate to and on the same lot as the principal use it serves except as otherwise provided for herein. " (emphasis added) Section 4-1. 2 of the By- law provides exceptions to the general rule of 4-1.1 where special permits are required. Section 4-1. 1 permits accessory buildings or accessory uses in addition to those provided in the "accessory use" section of each residential district regulations. Any other reading renders Section 4-1. 1 superfluous as it applies to the entire By-law. ... wn. _ µ� ,. _ .. � fp i ,�.... �. t: 'a�'.,. ,,. a �•L.� �,.ti,hn�x,� ..+.-.a,-ma �.-,s+�arxu/.iY=,:ir t Assessor's office (1st floor): 15.,3 _ 2-1 THE F T Assessor's map and lot number ............................................ �o o�,♦ Board of Health (3rd floor): l t �� Sewage Permit number ..............S 8- S-72 r.r. ..;_....� Z aaaasTsnca. S Engineering Department (3rd floor): ..................... ................".l a-...,..House number ... aY3Y 0 ....... .. Definitive Plan Approved by Planning Board __________________________ APPLICATIONS PROCESSED -8:30-9:30 A.M. and 1:00-2:00-P,M. only ; TOWN -OF BARNSTABLE , BUILDING INSPECTOR _ r: APPLICATION FOR PERMIT TO E ........................................................... , TYPE OF CONSTRUCTION ................-.....1. !��r .. ..��/C �tE�11e!�� ............... .� :�l.......19-" TO THE INSPECTOR OF BUILDINGS I , The undersigned hereby applies for a -permit according to the following information: Location ........ Qz vM 1 .....I . 7..�....Gc C .%I .............................._ ........................... 01 i Proposed Use .�� R ... 1S..{ ->1V' �.i�af x................... ....... ............:................................................ Zoning District �-••F ..............................Fire, District ........ 1� Name of Owner .............. n� � ezouL.D......................Address .. `mac ... .... .....,..... Name of Builder .. d x�-�...� .. .. �' ... -Address ... �.. ..�a.l.� ©�J� fG-��1f..-t-c Name of Architect ...�.`.�...ha...+ '!. " " ..................Address t..� :..2-©rtl-�r �T.••N�i,••:....• . Number of Rooms ..................................................................Founda on : Y'K-- Exte ior ...��/e'a�.��......,��-?tlt..Cm!.. ........................Roofing .......��/ .......................... Floors .......11./C'��.........................................................Interior .......^�7! �`.5`� - 2............................................... i Heating .1�..Plumbing .........�.,,.. '�`(1 ,+�-y p. Y r . � � Fireplace .................................Approximate Cost .......�J. ... .Q,.fl�..::.................... r loot Area ........ . .............................. s Diagram of Lot and Building with Dimensions Fee ............................................. 52 Sq (- Sa ji •g 1 Ta�.4 c_ ", OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the bove construction. Name ....... .. . .....!.... r ... ....... Construction Supervisor's License ...Qf.. . 6 17 .........r.... GOULD, JAMES A=53-27 No .32650... Permit for .Bui1d...Dwellin.g & Garage Single Family Dwelling........ Location .....Lot #19., 15A..Humock Lane Cotuit ............................................................................... Owner .......James Gould . ................................................. Type of Construction .:..Frame . ............................ ................................................................................ Plot ............................ Lot ................................ Permit Granted .........February 21 ,l q 89 Date of Inspection ..:.................................19 Date Completed ......................................19 r7, PERMIT COMPLETED 1/1/--q-L i�� 101 The Town of Barnstable Inspection Department 16 0. 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D.DaLuz Building Commissioner September 5, 1991 Michael J. O'Neill, Esquire Simons & Marcus 15 Court Square Boston, MA 02108 RE: Anne G. Gould 150 Hummock Lane, Cotuit A=053-027 Dear Attorney O'Neill: Enclosed as per our telephone conversation of September 3, 1991 please find certified copies of the documen ts requested. ueste d. q As of this date Mr. DaLuz is still hospitalized and in all proba— bility will be unable to appear on September 10, 1991. If we may be of any further assistance please contact the office. Very.truly yours, Genevieve A. Robbins Office Assistant Enc. l� FORN 494 - SUMMONS WITH OFFICERS NET URN HOBBS & WARREN, INC PUBLISHERS DUCES TECUM REVISED DEC. 1971 BOSTON, MASS, i � P TOniI1tAIiwralt4 of ffiaas Ir�ysef i nur: ST __.. _ ... BAMS.T.ABIZ................... ........ ss. �-- ` _7.--- 'R ER`Barnstable Buiding ommissioner i1 l . ....... . . . . . . . Barnstable arnstable Town Hall ................ ................................................... .............................. Hyannis; Mass. 02601 .-----...... ............greeting. tau are hereby romtnanheb, in the name of The Commonwealth of Massachusetts, to appear before the.................. f Land,...................................Court ...-Pemberton_-S.quare:.- : ................................ holden at..Boston,-.Mass, within and for the county of...Suffolk ............................................... .. on the-.•• loth .............................. .........-day of....September, 1991 ........................................ .... 10:00 o'clock in the.. fore goon, and front day to day thereafter, until the action hereinafter named is heard by said Courl, to give evidence of what you know relating to an action of equity then and there to be heard and tried between William R. Cuming .......................................... ...........................................Plaintiff .. ... ..... ......... and S. Jansson et, al. ...................................•-••--•------_...-.......--•........:..:.......•------- -•-------------•---•-----...Defendant , and you are further required to bring with,you_the records listed on Exhibit A attached -------------------•--.---.....................................•--•-- hereto and incorporated herein by .reference. --.....----•..................•---•--•••-......................... •............................... .......---.............. .........---•.................................................... ........----•--•-----------------------•------•------......-----..........---...... ...................................................... ................................................................ .......................•------•-------------------................ ijumi• fail 2ttlt, as you ivill answer your default under the pains and penalties in the law in that behalf made and provided. %trb of Boston, :Massachusetts 29th .......the.... .............................. •---day of.....August -------�..... A. D. 1991 ;,J Michael J. 01Ne 1 Notary Public-2g�dxZ�gAIX,Xx My commission expires: January 16, 1992 Please call attorney Michael J. O'Neill at (6.17) 227e3117 ; EXHIBIT A All documents requested are for the period from January 1, 1988 to date. DOCUMENTS REQUESTED With respect to Lot- 27n, Hummock Lane, Cotuit, Massachusetts, and any single family dwelling constructed thereon, (owner and/or applicant James Gould and/or Anne Gould) any and all plans, specifications, permits, correspondence, applications, notes and documents. r L R053 027 A F F R A I S A L D A T A KEY 3086i GOULD, ANNE 6 LAND BLDIFEATURES BUILDINGS NUMBER ZN1FVRF 930,600 S64,300 2 A-COST 1 ,794,900 B_MKT 50,300 BY oo/ BY ML 3190 C-INCOIE FCA=1011 PCS=00 SIZE= 944 jUST-VAL 1 ,704,900 LEV=200 CONST-(..' ----COMFARISON TO CONTROL AREA 09QA -- --MAY NOT BE COMPARABLE-- NEIGHBORHOOD 09VA COTUIT FARCEL CONTROL AREA TREND STANDARD 15j 15 LAND-TYPE 930600] LAND-MEAN +0% 1794900] !NFROVED-NEAN +0% 25% i FRONT-FT 11 100 VEPTHIACRES TABLE 02 100%] LOCATION-ADJ APPLY-VAL-STAT I LNRILANV LFTIIMF]ADUSISBIFEAT SrRISTRUCTURE NORjNOTES COMIMARMET !NC]INCOME FMR]PERMITS 0RRj0PAFMZC FUNCTION-[ I STRUCTURE-CARV NO-[000] VATA-f R053 027. P E R M 1 1 fPMTj ACTIOH[Rj CAPQ0001 REY 30861 0000000o.j PERMIT-NO NO YR TYPE VALUE CK-BY NO YR %CMF NEWIVEMO COMMENT ESS26501 [021 4S91 fUVj j 3400001 rOBI f0l7 [911 [1001 [NEW 1 fCO LOT 19 j i f I S. i I i A. 1 September 03, 1991 1:50 ,p.m. Certified copies of all documents and mail to: Attorney Michael J. O'Neill Simons & Marcus 15 Court Square Boston, MA 02108 SIMONS d& DKARCUS ATTORNEYS AT LAW ISAAC E. SIMONS (1916-1959) 1E COURT SQUARE JAMES B. MARCUS BOSTON. MASSACHUSETTS 02108 I C. D. TADEMA•WIELANDT (617) 227-3117 JOAN M. LICITRA MICHAEL J.O'NEILL IN REPLY PLEASE REFER TO May 8, 1989 3833A FILE NO. Charles W. Trombley, Jr. , Recorder Land Court Old Courthouse Pemberton Square Boston, MA 02108 RE : William R. . Cuming vs . Ron S . Jansson, et al, Land Court Case No. 131141 Dear Mr . Trombley: Enclosed herewith for filing please find Application Pursuant to Rule 33 (a) by Plaintiff William R. Cuming to Defendant Anne G . Gould. Yours very- truly_, t. ,Mi`chael J. O'Neill MJO/km Encl . cc : Robert Fast, Esq. Barnstable Zoning Board of Appeals Joseph DaLuz, Barnstable Building Commissioner LDIIUttutituraI14 of fHtt'q:attr41t_qpit_q BARNSTABLE, SS LAND COURT CASE No. 131141 (AFFIX FILING STAMP HERE) WILLIAM R. CDMING , Plaintiff(s) V. j RON S. JANSSON, ET AL vs: Defendant(s) RUTH D. CUMING, DEFENDANT IN COUNTERCLAIM APPLICATION PURSUANT TO MASS. R. CIV. P. 33(a) FOR ENTRY OF *JUDGMENT FOR RELIEF— DISMISSAL—AS APPROPRIATE. The *plaintiff-AfvM william R. Fuming says that on February 10 19 89 , interrogatories were served upon the *defendant- E0 1pkkataff Annr, G_ Cmilr) 4 Q (and a copy has been filed in court), and the provisions of Mass. R. Civ. P.33(a) and Superior Court Rule 30 (1974), have been complied with; and that the party interrogated has failed to serve a copy of the answers thereto within forty-five (45)days or such shorter or longer time as the court on motion with ri. or without notice may specify or the parties may stipulate pursuant to Mass. R. Civ. P. 29, and forth- -- •- -- with file the original-answers-in--court:--- ------ - - -- -- ----— -- - -- - Lilt: plaintiff-drferra -� c says that on 19 , t e defendant- .. a plaintiff to file f s o interrogatories within days, and that the party interrogate a to filo such fi-r-ther. answers within said-t' . WHEREFORE, application is made that: *The complaint of plaintiff(s) be dismissed as appropriate as to defendant(s) *Final judgment for relief be entered as appropriate for plaintiff(A) William R. Cuming against defendant rn, I d - THIS STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY. May 8, 89 ! ='J�\ �� Z.E' 1' l� _ D ivm l) 19 — . Attorney for *plaintiff- nMichael J .O'Neil Siq�gns & Marais ress: ourt qq 'tiuikv -nu inahhi:r:0)k wrn�Is and paragraphs. Boston, Mass. 02108 Tel. No.: 227-3117 1 SIMONS '14AISCUS ATTORNEYS AT LAW ISAAC E. SIMONS (1919-I955) IS COURT SQUARE JAMES B. MARCUS BOSTON, MASSACHUSETTS 02108 C. D. TAOEMA-WIELANOT (617) 227-3117 JOAN M. LICITRA MICHAEL J.O'NEILL IN REPLY PLEASE REFER TO May 8, 1989 3833A FILE NO. Charles W. Trombley, Jr . , Recorder Land Court Pemberton Square Boston, MA 02108 RE : William R. Cuming vs. Ron S . Jansson, et al Land Court Case No. 131141 Dear Mr . Trombley: Enclosed herewith for filing in the above action please find Motion by Plaintiff William R . Cuming and Defendant-in-Counterclaim Ruth D. Cuming to Compel Production of Documents from Defendant Anne G . Gould. Please mark this motion for hearing on May 22 , 1989 , at 10 : 00 a.m. Yours very truly, ' /. L � !ice ,�i� � ✓✓ � Michael J. O'Neill MJO/km Encl . cc : Robert Fast, Esquire Barnstable Zoning Board of Appeals Joseph DaLuz, Building Commissioner jl COMMONWEALTH OF MASSACHUSETTS 3833A li �I! BARNSTABLE, SS . LAND COURT CASE NO. 131141 I it WILLIAM R. CUMING, ) PLAINTIFF WILLIAM R. Plaintiff ) CUMING 'S AND DEFENDANT- ( VS . ) IN-COUNTERCLAIM RUTH D. IRON S. JANSSON, ET AL , ) CUMING 'S MOTION TO COMPEL I Defendants ) THE PRODUCTION OF i VS . ) DOCUMENTS BY '' RUTH D . CUMING , ) THE DEFENDANT ANNE G . i Defendant-in-Counterclaim ) GOULD NOW COME the Plaintiff , William R. Cuming, and the ( Defendant-in-Counterclaim Ruth D . Cuming. who, pursuant to Rule i 37 of the Massachusetts Rules of Civil Procedure, represent as i i follows : On March 25 , 1989 , they served a request for the it production of documents upon Defendant Anne G . Gould, L� - -- requesti-ng--p-rodu-ct-i-on-within---thirty ( 30 ) days . A copy of -j- I !f said request is attached hereto and incorporated by i reference. i2 . More than thirty days have elapsed, and the Defendant Anne G . Gould has not produced any of the documents requested. WHEREFORE , the Plaintiff and the Defendant-in-Counterclaim move this Honorable Court to 'order the Defendant Anne G. Gould to produce the documents requested in their first request for I t i l i i I� !the production of documents at the office of the attorney for Ii �said Plaintiff and Defendant-in-Counterclaim within ten ( 10 ) days . Plaintiff , William R. Cuming, I and Defendant-in- Counterclaim, Ruth D . I) Cuming, By their attorney, I� I Michael J . O 'Neill II SIMONS & MARCUS I 15 Court Square Boston, MA 02108 227-3117 I i l I i I i �I �i — COMMONWEALTH OF MASSACHUSETTS BARIISTABLE , SS .. LAND COURT DEPT . CASE NO. 131141 WILLIAM R . CUMING , ) Plaintiff ) vs . ) ) !RCN S . JANSSON, et al . , ) Defendants ) ) .. vs . ) iIRUTH D . CUMING, ) I Defendant-in-Counterclaim ) PLAINTIFF WILLIAM R. CUMING ' s AND DEFENDANT-IN-COUNTERCLAIM RUTH D . CUMING 'S FIRST REQUEST FOR THE PRODUCTION OF DOCUMENTS FROM DEFENDANT ANNE G . GOULD NOW COME the Plaintiff , William R . Cuming, and the ; Defendant-in-Couinterclaim, Ruth D . Cuming, who, pursuant to ---------- _ ,�P.ule. -34--of---t-he--Massachusetts Rules of.- Civil 1 -Proced-u-re,--r-eques-is- --- -- - - - the Defendant Anne G . Gould to produce the following documents ! for inspection and cop ying piing at the office of the attorney for the Plaintiff and Defendant-in-Counterclaim, Michael J . I; ,!O'Neill , SIMONS & MARCUS , 15 Court Square, Boston., i , Massachusetts 02108 , in or within thirty ( 30 ) days . I INSTRUCTIONS If you object to producing any document on the ground that it is privileged , work product , or otherwise exempt from disclosure , for each such document please state and identify: 1 . The title of the document for which such privilege is claimed ; i 2 . The reason for withholding the document; 3 . The author of the document; 4 . Each person to whom the document indicates the original or copy thereof was sent; i 5 . The date of the document; and 6 . The general subject matter of the document . it J DEFINITIONS ,i As used herein, the following terms are defined as follows : i it 1 . "Documents" means all letters , notes, memoranda, plans , i phonographs , studies in any paper , whether written or reproduced in any other form or manner and whether i original or a copy, and however or from whomever it came in to the possession of Anne G . Gould or her agents . 2 . "The Cumings" means William R . Cuming, Ruth D . Cuming or both , as the context makes appropriate . 3 . "The Gould residence" means the residence planned, proposed or under construction by Anne G . Gould in Lot 19 , Hummock Lane, Cotuit , Massachusetts . i 4 . "The Beach House" means the House on Lot 19 , Hummock Lane, Cotuit , Massachusetts , which currently exists and which has existed since Anne Gould has owned said Lot 19 . iI d . Any other agency of the Town or County of Barnstable, the Commonwealth of Massachusetts or the I United States of America . 5 . All plans and specifications concerning the Gould f Residence prepared by any agent of Anne G . Gould, including but .; not limited to rough drafts . i jj 6 . All documents concerning the Gould residence exchanged : between Anne G . Gould and any architect , engineer , builder, i - contractor or planner . ! I 7 . All documents concerning electrical service or telephone service to the Peach House from the time that Anne G . Gould has owned Lot 19 . 8 . All documents evidencing human occupancy of the Guest House at any time . 9 . All documents evidencing unnecessary attorneys and , consultants fees , as alleged in paragraph 9 of the Counterclaim of Anne G . Gould . i Plaintiff , William R. Cuming !! and Defendant-in-Counterclaim, ' Ruth D . Cuming, By their attorney, j ,I C Michael J . O 'Neill SIMONS & MARCUS 15 Court Square Boston, MA 02108 i t ,i i AFFIDAVIT OF SERVICE I, Michael J. O'Neill, attorney for the above-named Plaintiff and Third i Party defendant, hereby certify that I this day served a copy of the above 1 upon the other parties to this action by mailing same, postage prepaid, to Robert Fast, Esq. , HALE AND DORR, 60 State Street, Boston, Mass. 02109, i to Barnstable Board of Zoning Appeals, Town Hall, Hyannis, Mass. 02601, and j to Joseph DaLuz, Building Commissioner, arnstable Town Hall, Hyannis, Mass. 02601. March 25, 1989 i •' Michael J. O'Neill if I ' I I I i I i I i it i i i i I i II i it i �I AFFIDAVIT OF SERVICE i I I , Michael J. O 'Neill , attorney for the above-named Plaintiff and Defendant-in-Counterclaim, hereby certify that I I, iIthis day served a copy of the above, together with notice that I I would bring the same on for hearing before the Land Court on May I22 , 1989, at 10 :00 a.m. , upon the other parties in this action; said notice was given by mailing same, postage prepaid, to Robert Fast, Esquire; Hale & Dorr, 60 State Street, Boston, !Massachusetts , 02109 , to Barnstable Zoning Board of Appeals , Town Hall , Hyannis, Massachusetts, 02601 , and Joseph DaLuz, I ! Building Commissioner, Town Hall , Hyannis, Massachusetts, 02601 . — --- -I Da t ed :---M.a y---8-.--1-9 8 -- �� 'Michael J. O 'Neill SIMONS & MARCUS 15 Court Square Boston, MA 02108 227-3117 I, I i I i I i l I �I _ TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map ©�V:. Parcel: V Application&�( `�1f Health Division ® ' VO� to Issued a ot l C) Conservation Division ��Ca Application F Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation / Hyannis J Project Street Address /5 I�0 �i u m m o&k Lan Village I r Owner ��(?�" 11 ate'- Address Telephone s b,� ` U-7 Permit Request �- safi- b 15 0'r 0f�vo a(C arse/ Grid -hei vivskr � Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation 3 DD Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing _new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size—Pool: ❑existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name cub 1� I lap Telephone Number5bd - 7V d ' P#qo) Address 1PD Boy= 39 License # /o of / -7 6 Home Improvement Contractor# 14 6 0- to Worker's Compensation # �� 9 5l(o f ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT L BE TAKEN TO M4 fl SIGNATURE DATE C ' FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED k MAP/PARCEL NO. ADDRESS VILLAGE OWNER J DATE OF INSPECTION: FOUNDATION FRAME INSULATION' FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH -FINAL FINAL BUILDING DATE CLOSED OUT ' ASSOCIATION PLAN NO: - J IKE To 1 :Regulatory Services � 73.+atd3iitRi,.F v MAS& Thbinas R Geher,.Director �] 03 g6 Fot�A�� Build., - I)a�t5iar� TOM PC-3 Building lLbrutnissiun-r 200 Main Strett, Hyannis,.MA 02601 WWw.t©wn.bsrnsUble:t mn.s QF ae. 508=861-403.5 Fix: 508- 96-6-230 Noperty Owner Must COfr [Aete and Sign 17his Section as Owner of the subject pro e P rtY 11.C�Cl}�''x'F3Cl'loLlL'r f/Vf/ c d/ .. G�� _1. GE✓ '0 act on my 6eLaif, �a ajl ti-?3rttets rr_1aivc� to work�Luthori ed by this b i lcl g,peri:riii ap illcaEYera for: �A I Pd , 02-63 31taa�[igC t? ti Fi- net Me . . . t If Props t-ty owtac'r Js apply n •for pe;rm_,it please Complete the FForn.emw ' re License Excul.pri.on foria On die reverse side, I I " II 1 I 1 1 1 1 1 1 1 1IWAVAH ...■.........■�.■■■■ ►ir1■I�.MO...■ ...I......... I MENmom ....■.■�I.■M ■■mm■■■■11■■■ ■■■■■■ ■■■■II M■ ■■0/ ■■MMUMMO ■MMMMOI ■■■ ``l1t■■ ■■N ■■■■11■■■ ■■■■■671 ■ IONNEINUME M■■■■1l■■■■M=lMMMM ■■ ■■■ .. ■■■■t11,l■■ ■ 1111111MIKEN M millom MEMO ■ ■■E■■ i ��• WA I .. ■o ■■■.M No MONOMMMM • evergreen s IFr Think Beyond. #71 r, t ES-A SERIES F 200,�205 & 210 W photovoltaic panels i ` Best power tolerance available Aran of high quality.String RibbonT"" solar panels offering exceptional performance,cost effective installation and industry-leading environmental t I credentials made with our revolutionary wafer ! technology. - — •No`power below nameplate Never pay for power you're not getting •Get up to 5W more than nameplate* For.enhanced field performance # r •Industry's lowest voltage,per watt rating I Delivers the most cost-effective installs i •UL4703 certified cables } For use with the highest efficiency transformer-less inverters •New extended length cables ` Eliminates home-run wiring `,, ° • New lockable connectors** f Complies with the latest codes for accessible arrays t •Most extensive range of mounting options '•• Allows installs virtually-anywhere and anyhow t ' •Smallest carbon footprint of any manufacturer For the greenest of the green •100%cardboard-free packaging r Minimizes job site waste and disposal costs- -A •5 year workmanship and 25 year power warranty*** Born in the USA *Maximum power up to 4.99 W above nameplate.rahng;"Locking sleeve not supplied with the panel. ***For full details see the Evergreen Solar Limited Warranty available on request or online. This product is designed to meet UC1703,UL 4703,UL Fire Safety Class C,IEC 61215 Ed.2 and IEC 61730 Class A standards String Ribbon is a-patented technology and registered trademark of Evergreen Solar,Inc Electrical Characteristics Mechanical Specifications Standard Test Conditions(STC)' ( PANEL ID LABEL ES-A-200 'ES-A-205 ES-A-210 i0 o -fat* -fa2* -fa2* 2.2 4.9 Pmp2 200 205 210 W °° ° ° i Ptolerance -0/+4.99 -0/+4.99 -0/+4.99 W JUNCTION BOX 8x 0.16 7 PANEL Pmp,max 204.99 209.99 214.99 W SAL NUMBER HOLE GROUNDING 0 0 Pmp,min 200.00 205.00 210.00 W ' 71min 12.7 al 13.4 % ° ° Pptc3 180.6 185.2 189.8 W CABLES (10 AWG, Vmp 18.1 18.4 18.7 V w-WIRE) Imp 11.05 11.15 11.23 A v V°c 22.5 - 22.8 23.1 V ° 10x 0.26 12.00 12.10 12.ZO A PANEL MOUNTING HOLE Is< ID LABEL FOR Y'BOLT Nominal Operating Cell Temperature Conditions(NOCT)4 ° 1 MC°LOCKABLE TNOCT 44.8 44.8 44.8 °C ° CONNECTORS ° (TYPE 4) Pmax 146.4 150.1 153.7 W T.� 0 (a (+) ° Vmp 16.7 16.8 " 17.0 r V 1 D FRAME Imp 8.76 8.93 9.04 A ° niuni ANODIZED FRAME ° DRAINAGE HOLE T i V« 20.5 20.7 21.0 V } I lu 9.60 9.68 9.76 A ( 'I I.-1.8(+0.02/-0) N 3T.s v-0.1 '1000 W/m',25°C cell temperature,AM 1.5 spectrum; T _ All dimensions in inches;panel weight 41 Ibs Maximum power point or rated power ' USA Test Conditions:t000 W/m',20°C ambienttemperature; 1 m/s wind speed Product constructed with 114 poly-crystalline silicon solar cells, anti-reflective 1 4 800 W/m',20°C ambient temperature,1 m/s wind speed,AM 1.5 spectrum tempered solar glass,EVA encapsulant,polymer back-skin and a double-walled f-framed,a-low voltage,2-man blue(textured)cells a anodized aluminum frame.Product packaging tested to International Safe Transit Association(ISTA)Standard 2B.All specifications in this product information sheet Low Irradiance conform to EN50380. See the Evergreen Solar Safety,Installation and Operation The typical relative reduction of module efficiency at an Manual and Mounting Design Guide for further information on approved installa- irradiance of 200W/m2 both at 25°C cell temperature and tion and use of this product. spectrum AM 1.5 is 0%. + Due to continuous innovation,research and product improvement,the specifica- tions in this product information sheet are subject to change without notice. No Temperature'CoefFcients i rights can be derived from this product information sheet and Evergreen Solar _ ) assumes no liability whatsoever connected to or resulting from the use of any a Pmp _ -0.45 %/°C information contained herein. a Vmp -0.43 %/°C - 4 ,•. - Partner: a Imp -0.02 %/°C a Voc -0.32 %/°C a I a 1. -0,.003 %/°C i System Design i Series Fuse Ratings 20 A I Maximum System Voltage(UL) 600 V L s Also known as Maximum Reverse Current I ELECTRICAL EQUIPMENT 'CHECK WITH YOUR INSTALLER ES-A_200_205 210 US 010908;effective September 112008 Worldwide Headquarters Customer Service-Americas and Asia 138 Bartlett Street,Marlboro,MA 01752 USA 138 Bartlett Street,Marlboro,MA 01752 USA Evergreen Solar,Inc. T:+1 508.357.2221 F:+1 508.229.0747 T.+1 508.357.2221 F:+1 508.229.0747 www.evergreensolar.com info@evergreensolar.com sales@evergreensolaccom ® ®®� FAD A "roe It tv Yi� ahL-4. LAG a VINCI A ASSOCIATES Structural' Engineers P CLIENT: Professional Solar Products.'Inc. 1551 S.Rose Ave.,Oxnard,CA 93033 Tel:805486-4700 Building Department Note:NOT TO BE SUBSTITUTED WITH STANDARD STRUT OR COUNTERFEIT PRODUCT. Subject Static load test results for the following., Y Minimum ` Module Maximum Frame Maximum Frame Load Equivalent Wind Speed Mounting System — Manufacturer Length*On.) Width'On.) Fra Height(in.) Obs/ft?) (mph)** RoofTrac®. Evergreen, 65.0 37.5 1.80 55 130 TEST SETUP(as shown in attached drawing detail):Three Evergreen modules,as specified above,were bolted to 136"x1.5"x1.5"Professional Solar Products(PSP)RoofTrac®support rails using an assembly of 5/16"stainless steel bolts, lock washers and proprietary aluminum clamps and inserts:The Ro6fTrac®support rail was attached to,the PSP TileTrac® structural attachment device with a 3/8"nut and washer at six attachment points.The setup was attached to 2"x6"wooden rafters using 5/16"z 3"Stainless Steel lag bolts.The attachment spans consisted of 48"front to rear with structural attachments spaced 48"on center._ _ �_. _ , + TEST PROCEDURE(as shown in attached drawing detaiQ:The test set up was top loaded to 55 Ib/ft2.The setup remained loaded for an approximate period of 30 minutes.The maximum deflection and any signs of permanent deformation were recorded.The test setup was then inverted and loaded to simulate the uplift.condition.The,test set up was re-loaded to 55 k Ib/ft2.The setup remained loaded for an approximate period of 30 minutes.thii maximum deflectlori and ariy'signs of F permanent deformation were recorded.• TEST RESULTS: The maximum top load deflection was recorded at 0.438",with no permanent deformation. The maximum uplift deflection was recorded at 0.250",with.no permanent deformation. Building Department Note: i, 'This document certifies the RoofTrac®mounting system used with Evergreen modules,as NOT TO BE SUBSTITUTED specified above,withstands a 55 lb/ft2 static pressure load,equivalent to a wind speed of WITH STANDARD STRUT approximately 130 mph**. The mounting system-performed as expected. Y- COUNTERFEIT PRODUCT.. Sincerely, James R.Vinci,S.E. 71, +. r This engineering report verifies that Vinci&Associates has provided independent observation for load testing as described in this report resu f this load test reflect actual deflection values and are generally accepted as the industry standard fortesting module mounting systems. Vinci oc does not field check installations or verify that the mounting system Is Installed as described in this engineering reportsour To assist the building inspector in verifying the authenticity of this proprietary mounting system,a p ane adhesion,silver reflective'Roofrrac®".label,as shown,.is.,.6 ;placed on at least one of the main_su rt ra Structural attachment Lag bolt attachment should be installed R �,,";fTDrc�77,� using the properpilot hole for optimum strength.A 5/16"lag bolt requires a 3/16"pilot hole.Itis the responsibility of the installer to insure a proper attachment is made to the structural member of the roof. Failure to securely attach to the'roof structure may result in damage to equipment,personal injury or property damage. ' :' << 71 This office does notexpress an opinion as to the load bearing characteristics of the structure the mounting' t - system/modules are being installed on. [CC accredited laboratory tested structural attachments manufactured by Professional Solar Products(including,but not limited to Fastlack*,TileTracO,and FoamJack®)can be interchanged with this system. z *Modules measuring within stated specifications are included in this engineering i **Wind loading values relative to defined load values using wind load exposure and gust factor coefficient "exposure C"as defined in the 2006(IBC)/2007(CBC) � '3- 324tVIA:C'0L,INA3t,$.T,E 101 WESTLAKE VILLAGE,, CA 9136 Page 1 of 2 PSP:RT EG_2 .Jr r. . w • y`1 .. a 48 37.5" -;I Xi- FX r • ,, r'r —1 t A T 136" s I t I Building Department Note: 7 NOT TO BE SUBSTITUTED WITH STANDARD r y STRUT OR COUNTERFEIT PRODUCT. / 5/16"Stainless •- _ _ _ f Steel Hex bolt r_ "Top Load Deflection-I ti one 0.438" 5/16'.Stainless Steel r _ r ,, ,:tit 1 Lock Washer Aluminum ProSolar V Y Inter-Module Clamp • C R L T t Aluminum ProSolar �..�— Channel Nut 'f :Aluminum ProSolar Up lift Deflection: 0.250" RoofTrac®Support Rail ., _•r �"-�- 318"Stainless Steel Hex Bolt and Flat Washer Aluminum ProSolar FastJack®Roof Attachment 5/16"Stainless Steel Lag Bolt ..,>. v •,: _ S;. `i if and Flat.Washer n .> _. ...t* • r. , r �,. ^ r Professional Soar Products Rooffiee Pate►rt#6,36U,asf RoofTraco Photovottaic mounting system r ::> Evergreen Solar odules Static load test illustration Page 2 of 2 PSP:RT EG_2 0-;Ie x O ice o onsumer ffa and Business regulation 10 Park Plaza - Suite 5170 Boston, P-4—assachusetts 021-16 Hone Impr®ve �tcontractor Registration , = ` _ Rwistratian: 146276 upe: Supplement Card ' Expiration: 4/8/2011 COTUIT SOLAR CHRISTOPHER PETERSO� 3800 FALMOUTH RD. MARSl°OIVS MILLS, MA 02648 Update Address and return card.Mario reason for change. DPS-CA7 0 SOM•04/04-Q101216 ED Address E] Renewal Employment Lost Card 71w '100473'J720421I1BQ.GGyL ✓liCQ4?fLCYLltdeec� V Oice of Consumer.Affairs&Business.Re"tion License or registration valid for individul use only ii6ME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: ram, Office of Consumer Affairs and Business Regulation 5� Reglstrat6orkg�r276 Exptra�r��'��"`-1 '� 18 Park Plaza-Suite 5170. 1,, c Boston, 021-1 `�ATS-te t4nt"Gard 7 xt. —•—• i f COTUIT SOLA � Y, CHRISTOPHER 4.4- �w =a• ; ' P:O.BOX 88 �:` �.:✓=E'' ' COTUIT,.MA 02635 i�_'--'.� . Undersecretary Not v id without signature t igMassachusetts+ Department of Public Safety Board of Building Regulations and Standards ` Construction Supervisor License License: CS 102975 Restricted to: 00 CHRISTOPHER PETERSON 41 THATCHER HOLWAY ROAD MARSTONS MILLS, MA 02648 Expiration: 10f712012 Commissioner Tr-,: 102975 A I The Contrtaonweatth of Kassachusetts Departiuer t of Industrial Accidents 4 Office of Investigations 600 Washutgton Street Boston,K A 02111 'K wipts.rtaass govldiax Workers' Compensation Ins+iranee Affidavit:Buitders/�Contrac- rs/Electricians/Plumbea s Apoicantluf6rmation gc:hPlease Print Lg ibl Name(Business/Organirat►on/ind viduat) ar Address: City/StatelZip T f J $Inoue:#: AA;yia employer?Check to appropriate box: Type of project(required): 4. I am a general contractor and I f 1. a employer with ❑ employees(full and/or part-time)-* have hired the sub-contractors 6. E New construction. 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. Q Remodeling These sub-contractors have ship and have tics employees $: Q Demolition working for we in any capacity. employees and have workers' 9. C1 Building addition. (No workers'comp.insurance comp.insurance. required.] 5.❑ We acre a corporation and its 10.❑Electrical repairs or additions, officers have exercised their 3.El arm a homeowner doing all work L 1.❑Plumbing repairs or add_itivns to sel£ o workers'co right of exemption per MOL Y � �� 12.[]Roof repairs insurance required.]t c. M.§1"(4},and we have no 13.[ Other employees.(No workers' comp.insurance required.] "Any applicant that checks box ill must also 0 out the section below showing their workers'compensation policy information. t House wnM who submit this affidavit indicating they are doing all workand then hire outside contractors must submit a new affidavit indicating such. tcontractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must-provide their workele comp.policy number. 1 aw an earployer drat is providdng workers'compeersation insurance for n:y eiapdoyees.:Below:is theIralicy and job.site r offormadolt. Insurance Company Name:G �kV Policy#or Self-ins.Lie.#:W3 49 E J 1'L Expiration Date: -Is]a �J 1 i Job Site Address: [to ht City/State/Zip I W V1,3 4' Attach a copy of the workers'compensation policy declaration page(showing the policy"unifier and expiration slate). Failure to secure coverage as required under Section 25A ofMOL c.152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment as well as civil penalties in the form of a S'rOP 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 Investi atians of the DIA for insurance 22veraE verification. " 1do hereby certify ert/mpa andp urltses ofperjury tl:att/ae hJformation provided iabaye is true anslcurs ec& signature:</- Date: —/(o-/D none#:-7-4—5,2 o 3 (" Official use-onty. Do rtot write nil this area,tv a completed by city ar torun officiaL City or Town: Permit/License/# Issuing Authority(circle one): 1.Board of IffMth 2.Building Department 3.City/f'own Clerk 4.Electrical inspector 5:Plumbing Inspector G.Other Contact person: Phone#: Town of Sandwich-Revised March 2008 16 JUL 99 ORD,� aMW=11 Ie V;0i06/1 o - a;,cc:."xr+:�:�rswosese:;,na:�z�t' � �' .. .... ... .•. i. ro" .PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Don Bunker Insurance Agency ONLY THI AND S CERTIFICA E DOES NOT AMEND,RIGHTS UPON THE cEXTENDATE OR P.O. Box 221 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Hanover MA 0 2 3 3 9- COMPANY 781 ) 312-7206 ( ) - A Nautilus Ins. Co. INSURED COMPANY Cotuit Solar LLC B Arbeala Protection Insurance Co. P.O. BOX .89 COMPANY• 64 Old Shore Rd. C Granite State Insurance Company Cotuit MA 02635- COMPANY ( ) - I D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWRHSTANDINO ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS' CERTIFICATE MAV BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIt�DESCRIBED HEREIN IS SUIdJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(bNl/DDJYY) DATE(MNl A GENERAL LIABILITY GENERAL AGGREGATE s2,000,000 X COMMERCIALOENERALLIABWTY NN026707 06/01 /10 06/01 /11 PRODUCTS-COMP101 S2 000, 000 777 CLAIMS MADE Q OCCUR PERSONAL a ADV INJURY $1 ,0 0 0,0 0 0 X` OWNER'S li CONTRACTORS PROT EACH OCCURRENCE S 1 ,0001000 FIRE DAMAGE(Airy one Ire) s 50,000 MED W WY One PerNi S 5, 000 B AOTOMOBILE LUUNUYN COMBINED SINGLE LIMIT S ANYAUTO 26916400003 04/30/10 04/30/11 1 ,000 000 f _ ALL OWNED AUTOS BODILY INJURY s X SCHEDULED AUTOS (Per Persw X HIRED AUTOS BODILY INJURY g X N -OWNEOAUTOS (Perecddeng IN I PROPEAll DAMAGE $ GARAOELIABIUTY AUTO ONLY-I;AACODENT 3 ANY AUTO OTHER THAN AUTO ONLY: : EACH ACCIDENT S AGGREGATE i A EXCM LIABILITY EACH OCCURRENCE s2,0 0 0 000 UMBRELLA FORM AN0 013 2 0 0 6/01 /10 0 6/01 /11 AGGREGATE $2,000,000 X OTHER THAN UMBRELLA FORM 10 000 s TOiiY TATU- O7H-....�<�>:>,;•s•�':?•�«";`y�b`a.` ., C woRKERS COMPENSATION AND " EMPLOYERS LIABILITY WC 0 0 3-4 9-5161 0 3/2 6/10 0 3/.2 6/1 1 EL EACH ACCIDENT 5 5 0 0, 0 0 0 THE PROPRIETOR INCL EL DISEASE-POLICY LIMIT S 5 00,000 PARTNERS/EXECUTNE EL DISEASE•EA EMPLOYEE s 5 0 0,0 0 0 OFFICERSARE: EXCL OTHER V=RIPTION OF OPEMnONSA-OCATIOKWMICW%fWMAL ITEMS Installation of solar panels *AGGREGATE LIMIT APPLIES PER PROTECT Additional insureds: Massachusetts Clean Energy Technology Center, the owner & as a22licable.. the host customer SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE O(PIRATION DATE THEREOP, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Massachusetts Clean Energy 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, Technology Center BUT FAIL flll TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR Lt"IUTY . 55 Summer Street, 9th Floor OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES Boston MA 021 10 AQEDREPRESE)+TASI /1I Oil 1;0/10 39Vd 213ANnsa 80ZLZIETOL 95:91 OZOZ/90/LO Town of Barnstable Building Inspector:Robert McKechnie- , I,Daniel E.`Braman,Registered Engineer,have reviewed the attached engineering documents:for the ProSolar Photovoltaic racking system. find them to be accurate and adequate for compliance with the current Massachusetts Building Code 780 CMR for use on the structure at 150 Hummock Lane,Cotuit,Massachusetts. DANIEL E. A� # C Daniel E. Date �2oJ�"c'�; l22 ti a F �r TOWN OF BARNSTABLE :2410 SEP 29 ,fim S 42 f F f . + .� ��. i '�4 �r •"l.irk f r.- R i J VIN C I & ASSOCIATES Structural Engineers CUM.. Professional Solar Products,Inc. 1551 S.Rae Ave.,Oxnard.CA 93033 Tel:805.486.4700 Subject: Static load let results f br the lolbwing: a-mmmo"we Maxilu a"we. Load C4u1valentWiftdueed m mungsplem u1,1100 pn.) lmdth•OL) per/ (1110)•' Roofftc® 65 40 15 135 TEST SUM(as diom in attached drawing Beta*Three modules as specified above.were bolted to d.36"xdi.5)d.5" Professional Solar Products(PSP)patented Roof am'support rails using an assembly of 5/16°Slakdess Steel(SS)bolts, SS lock washers and proprietary aluminum clamps and inserts.The RoofTra&support rail was attadted to the PSP RoofTrace structural attachment device with a 3/8"SS nut•and SS washer at six attachment points.The setup was attached to 2"x6" wooden rafters using 511W xt 3-dl/2"SS lag bolts.The attachment spans consisted of 48"front to rear with structural attachments spaced 48"on center. TM PROCEDURE(as tdhollln in attached drawing detail)!:The test set up was top loaded to 55 ib/ft2.The setup remained loaded for an approximate period of 30 minutm The maximum defection and any signs of permanent deformation were recorded.The test setup was then unrerted and loaded to simulate the upliftootmition.The test set up was re-loaded to 55 Ib/ft2.The setup remained loaded for an approximate period of 30 minutes.The maximum deflection and any signs of permanent deformation were recorded. TEST RESULTS: The maximum top load deflection was recorded at 0.469•,with no permanent deformation. The maximum uplift deflection was recorded at 0.313",with no permanent deformation. This document certifies the RoofTrae®mounting system used with modules,as specified above,withstands a 55 lb/ft2 static pressure load,equivalent to a wind speed of approximately 135 mph—. The mounting system performed as expected.' Sincerely, James R.Vinci,S.E. nft erVpm dng repmtyerifles*aVind&Assodates,has p vAded independent obser adonYcu iwd wsting as described in this report.The results of this bed test re6ea actual detbectlar►values and are gelletady accepted as the indusbystandwid for testing module nroun tg systems.Vend&llssodates does not Nee diem insKtlatiats or verify that the Ls installed es desoma in curs enomming report To assist due budding irtspeM In verifying theaut m*ay of thta prbpdetary mamting%sWm.a pemtartent adtmgon, sow reffimove'Reotrrae" m as ft tuft right,is placed at at ldest ate of the mkt support rails Of !►W/ Tree' pemrerter*swamped vridr"Pmresslmd Soler Rod.Plat @8,360.4W at Ste u Gf raiL SUUch cal anDdrnrent:lag bolt attadwiftsim"be irk using the proper pilot to*for opmumnsttooL A �t 5/16"lag bolt requires a 3/16"pacthole.It is the resporaWly of the btsta0er to insure a faoper ans"ent is made to the stru lurid member of the ra.Facture to samff*attadt tD the mot sVucWm may result in darnage to equomem personallnim tOr prop"damege. - - This offloe does not evress an opirdon as to the toad bearing dwaderiStks at the Wuctne the rnowft system/modules are being itsmlled.on �p C IOC ammdtd laboratory tested Muct uel attadmtarts wed by rOesslonal Satan Pwductsaim� y (mbidhngFwtbck*.litaTrice.and Fawnbcu%can bekuem vdih8tta i n in *Modules inessuring within stated motions and tested to UL1703.or equkzlent are ltduded in oft C5enormaft ; * mgvalues retatime to defined load velar's asBrgrr head expostae t135 mNr for 5/12 roof pitch.or lek 11.5 mph for greater thm 5/12 root MM)and gust.factor co et"apostne C as derined in the 2006@RC)/2007(CBC) ***Module tested:64.6'x 39:1"x 1.8"(slurp) •*•*BL sriov toad mMgof 30lb/tts based on Lo safely faaor t` * t 31324 VIA COLINAS STE 101 WESTLAKE VILLAGE, CA 91362 � off � Page 1 of 3 PSG +�� eew TOW14 ofF �,010 SEP 2S fib p 1 i I Ilulbuify,�7GFJ=I IWW i V,w w.v.w, m ••••••••• ••� �----- 1;1 XX Module Z;984 lb8/ Total module(45 ms.ea.) ss and rail(10 Ibs ea.)weight: 155 Ibs Plumber of attachments: 6 ea Weight/attachment point: 26 ibs Area: 54 f Distributed weight: 2.9 IN fe LI 511 W Stainless: Top Load Deflection: aAOr Steel Hex bolt 2,984 Ibs/ rill 6'Stainless Steel Lock Washer Aluminum.ProSolar Inter-Module Clamp Aluminum�--�' Channel Nut ProStihar Up lit Deflection: 0:318" i Aluminum ProSolar a fE8 tpx,_ Roofrraa®Support Rail P �- 3/8"stainless Steel Hex Z Bolt and,Flat Washes 'a n s t+ln.g41t •- nt Aluminum ProSolar patented Ev!1emm. FasQ'adc®Roof AttechmenN 5116 Stainless Sty)lag Gotta and Flat Washer ' 'Lab tested strucpuai att "I"manufactured by Professional solar Products RoofTrac® lindudmg FasWckO,TiieftcP,and Foamlack4l)can be laWdiangO wM this system. Solar Modules R vkmWnW SaW Pm&A*R Dare PWWO 6,3ft _ ;Static load test Pheawolaic nwmft system Page 2 of.3 PSP: RT TOWN OF BARNSTABLE i I/Iusbuar,Jcyunwa� ,v,cv,v v.cv. m ��•�•• �`""' ---'--�.. .. J i r APPM 4W :w FasLlack®2X bracket only to be used between two rows of modules to maintain.approx. 480upperto lower Rooffr support rail spacing aPpm 4W Module Area= FasWadk®2X bracket 18 fh each Assembly side view AMmOrma , �--- 48! --� 511W Stainless Steel Hex , Oxbolt and slit lock washer Total module(45 Odea) Aluminum ProSoler and rail(10 blea.)weight.: 310 Ibs Ins4fioduie clamp Number of attachments: 9 'ea Aksninum ProSolar. Weight/attachment point: 35 Ibs i l Channel'Nut Area: 108 fe Distributed weight 2.9 IN fe c,� Aluminum ProSolar i Roofl iac®Support RaO i 3I8"Stafilss Steel Hex Bolts and Flat' y wa e �O - i Aluminum Prosola � Fastdaccel 2X t3racket ao Op,A411 "� p1Q.121 n n�axs of nj � ♦r . .�� Aluminum ProSolar Patented 2'pc FwUad* OF C1� Roof Atk d#unsut li/1tr stainless StWr Lag; Bolt and Washer ten mooed ammm o nmuracbnep by Rolimm I sol Roduc� RoofTraCe (Indudin9Fasuack•,711eTiaa*.and FoemladO)can be fnWfM'raged wM Vft, flIm- Solar Modules RdewbW SoW Reduck P=Frtae ParenX 43W,491 Static load test. Photamuc mounting system f PSP: RT . Page 3 of 3• .. ; OWN OF �ARNSTABLE /` i i w� r I'NYIAVny,VCiiJIGIUNGI ,v�w cv'v.w a n. •• •• ••• •��•. •. V I N C 1 & ASSOC I A T E S , Structural Engineers CLIENT: Professional Solar Productk Iric 1551 S.Rose Ave.,Oxnard,CA 93033 Tel:8054864700 Suter Static load ted.rr WHS fOr the f011owinc mm mrsrr tonne tilEidmtnt Frattre toad EquM....Whid Speed iVloultdagS)istiem t lii*Qit.): Web*ft) Qbs/i (mPb)'..' Rfiofftace 65 40 50 I5 TEST SETUP(as stiown in a 4 iii tg dOM Three modules,as wed above,were hotted to 136"xL5'x25" Professional Solar Products(PSP)patented Rooffiae support rails Laing an assembly of 5/16'Stainless Steel(SS)bolts, SS lath washers and proprietery PSP aluminum:damps and inserts.The RoofTrace support rail was attached to the PSP F Roofrrac®structural attachment device with 3/8°SS hardware at four attachment points..The setup was attached to 2`x6" wooden rafters using 5/16"x 3-1/2*SS lag bolts.The attachment spans consisted of 48"front.tu rear with structural attachments spaced 72"on center. TEST PROCEDURE(as spawn in attached dralArhng dull}:The test set up was top loaded to 50 Ib/ftx:The setup remained . loaded for an approximate period of 30 minutes.The maximum deflection and arty signs of permanent deformation were recorded.The test setup was then inverted and loaded to simulate the uplift condition.The test set up was re-loaded to 50 Ib/ftP.The setup remained.loaded for anapproximate period of 30 minutes.The maximum deflection and any signs of permanent deformation were recorded. 1E51 RESULTS: The maximum top load deflection was recorded at'0.313",with no permanent deformation. The maximum.uplift deflection was recorded at 0:250",with no permanent deformation. This document certifies the RoofTra&mounting system used with the modules as specified above,withstands a 50 Ib/ftz static pressure load,:equivalent to a wind speed of approximately 125 mph The mounting system performed as expected. Sincerely, James R.Vinci,S.E. ' This engneering repmvedffes tha Wnci'&motes has provided independentobsrvadon for badtesung es desalbed in this repot The'iesuitsof this load test reflect actual detection values and are gou"ly accepted as the industry standard for testing module mounting systems.Vinci&Associates does not field check frista BWM or verity that the mounting ry.stem is Installed as described in this engineering report Toasud5t the hAdingInspector Irk.vefdybug the affM lftOf Sam this mamiing System a permanent adhesion. sow ratiectiva'RoofTre0Vtabel.asshmn'4*isptuoedonat ��s� am of prey the main supportrm'lsor permanently stamped with Protesdoral SoW Prod:Pat ai sso.ar an the t;;1:0, Ti Ua. underside of rail. StruCbradeuscllmmut: I;s�gboltattttst 'bai�taue¢' / . usingtheplWa pi�hdoWoptimtn SMmgih-A5/11V Mg ; bolt requires a 3/i6"pAothde.it is the responsilli6Qrof the installer to insure a properaMmIlment is madeth the siructurel member of the roof.Falftue to samny attach to the roof structure may result in:dama ga to eWpment.peisonal 100yor property damage. This.oiiioe dues not eWass an upiMrgtas to Via bad bearin8 diary of the�uauue the Q� E mourdIng.syste Wmodudesare.beMgIra W0d0M IoC accredited iabo►ataY tesled:stu.cood-stu duneras marred by Pmfftsiorkal Sd ar Pbduct. +Zm (including,but not limited to Fastjacw iwnec c and FcanU c•)can be.interduanQed with this eel •t sue• � 1 1 � k _ *Modules measurirSa#hift .1.ed and tested m UL1703..or em&alent,are Rxkdo * ��r In this engineering \� *`WnrO bading values relative.to defined load values using wind bad w posuie.(125 mph for W12 �'fT roof pitch or less:.140 mph for greew dWn.5/12 RW pbiu)and g mUctor coefficim'exposure C' as defined in the 200SM/20OT(Ct ***Module tamed,64Z'it 3BA"x 9,T..(stn) *+r+r.Em snow twd rating of 301t W#md on L6 safelyfactor 31324 VIA COLINAS STE 101 WE-STL.AKE.VILLAGE, CA 91362 Page 1 of 2 ' ' PSP: RT-6 4C. j TOWN OF BARNSTABLE O10 SEP. 29 r T i t s a. nruravaTr vc�pw.r...... .v�<...v........ ... --•- - _--"''-- --- e ]r r 1Y1� 18�Bch - -�I ' , MO 4°° ' Total module(45 lbs ea.) F So and rail 02 lbs ea.)Welght 159 ibs . Number of attachments: 4' ea Weight!attachment point: 40 lbs Area: 54 fea D ight 2.95 lb/if 5d16°Stainless Top load DeRecdan 0.313." Sleel Hex bolt 2,710 lbs/ 5/16"Stainless Steel Iy �L ' . Lock Wastes' .. Nummum ProSolaru Inter-NioCiule Clamp �3 ProSolar Up lut Defection. o.250" Rail nut. 2AW Aluminum ProSdar, e ' IL Rooffwac&Support Rant' Hex 'Sunless Steel . 3/S 4 Bait awl Flat Washer 2 4414, m t - Alwdnwn PmSolar patented In Fad,16clO Roof Aitachmetd* JI 5/10-Stainless Steil Lag Bolt OF C1►L�r and Flat Washer tan WSW SWCM*eROMna"ft manufactured by Pro( al Soles ProductsROIatTraCe (including FaWackO,neTmo and F )con be inwdwngo wo t r.ten. Solar Modules . NoftxWW s P,oev �Pa1 6,3W,491 = Static load test illustration r •� .. - Photovoltaicnasuntlng Page 2 of 2 - ,r,* y :PSP:'RT_6: OC,. w TOWN OF.BARNSTABLE Z010 SEEP 29- RM 9 42 P & s Daniel E Braman,PE 189 Harbor Point Road Cwrunaquid,MA 02637-0361 Phone(508)362-6016 August 18, 2005 Jeffrey Lauzon Building Inspector Town of Barnstable 367 Main Street, Hyannis, MA 02601 Project: 20805 150 Hummock Lane Cotuit, MA for: Conrad Geyser 64 Old Shore Road, Cotuit, MA 02635 On August 17th, I made a site visit to the above house with Conrad Geyser, to evaluate the proposed addition of five solar panels on the roof of the third story. A portion of the roof is glass block which has a dead weight of 18 psf. The solar panels weigh 110# each or about 4.5 psf and will rest on the non-glass portion of the roof. ,I believe that the roof will remain strructurally sound after the addition of the solar panels. ` OF Daniel E. Braman 4'e DANIEL E. ' +�t 6MMAN NO cc: Conrad Geyse h!'„-s 9, t-�, 9 P-A e4IJ AAl=G kv,1 09/20/04 TOWN OF BARNSTABL PERMITS COMPLETED BY SELECTION CRITERIA: permit.peYmit_type matches 'B*' and permit.date_issue PERMIT# ISSUED PARCEL TYPE WORK 59052 02/12/02 227 144 753 MISC. NOT CODED ELSEWHERE 59055 02/12/02 208 138 753 MISC. NOT CODED ELSEWHERE 59069 02/13/02 207 045 001 753 MISC. NOT CODED ELSEWHERE 59073 02/13/02 172 136 "753 MISC. NOT CODED ELSEWHERE 59079 02/13/02 231 003 753 MISC. NOT CODED ELSEWHERE 59092 02/13/02 170 121 753 MISC. NOT CODED ELSEWHERE -5943 02/13/02 170 121 753 MISC. NOT CODED ELSEWHERE 59106 02/14/02 210 165, 753 MISC. NOT�CODED ELSEWHERE 591J0, 02/14/02 171 104 753 MISC. NOT CODED ELSEWHERE 5s1,1,5 02/14/02 233 024 753 MISC. NOT CODED ELSEWHERE 59117 02/15/02 206 020 753 MISC. NOT CODED ELSEWHERE 59132 02/15/02 171 162 753 MISC. NOT CODED ELSEWHERE 59148 02/19/02 233 045 753 MISC. NOT CODED ELSEWHERE 59157 02/19/02 208 085 002 753 MISC. NOT CODED ELSEWHERE 59158 02/19/02 190 132 753 MISC. NOT CODED ELSEWHERE 59160 02/19/02 229 102 753 MISC. NOT CODED ELSEWHERE 59162 02/19/02 229 102 753 MISC. NOT CODED ELSEWHERE 59164 02/19/02 189 006 004 753 MISC. NOT CODED ELSEWHERE 59165 02/19/02 189 006 004 753 MISC. NOT CODED ELSEWHERE 59166 02/19/02 168 022 753 MISC. NOT CODED ELSEWHERE 59169 02/19/02 168 022 753 MISC. NOT CODED ELSEWHERE 59170 02/19/02 168 024 753 MISC. NOT CODED ELSEWHERE 59171 02/19/02 168 024 753 MISC. NOT CODED ELSEWHERE, 59197 02/20/02 228 007 753 MISC. NOT CODED ELSEWHERE 59215 02/21/02 206 020 753 MISC. NOT CODED ELSEWHERE 59216 02/21/02 206 020 753 MISC. NOT CODED ELSEWHERE 59228 02/21/02 189 067 753 MISC. NOT CODED ELSEWHERE TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map p w Parcel ® i/ .a f,y Permit ` Di t ', Health Division Date Issued23 0 0� Conservation Division S-3 f;> 8:Fee !ot f 0 Tax Collector p'��v/�S�c�/�� 12► Treasurer Planning Dept. Checked in By Date Definitive Plan Approved by Planning Board Approved By Historic-OKH Preservation/Hyannis Project Street Address 1 SO Village -C g Tww- Owner S<f,-J J C-6oIFF-1— 71-11"SH Address C©`Y-J2�6• Telephone y 2 — 2 G Permit Request Sc.A—L Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Valuation Q_r K'1 Zoning District _Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes Cl No Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes Cl No Detached garage:❑existing ❑new size Pool:Cl existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded Cl Commercial ❑Yes ❑No If yes,site plan review# 'Current Use - - - Proposed Use BUILDER INFORMATION Name C.o t►I" (If-VSEwL Telephone Number 5-0 -cf 2, Y Address r 0. $O X 8q - License# C0-ry5p�r' , k4\ E26 3s Home Improvement Contractor# 46 2_n' Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO =aS• 'cam fS • AJ SIGNATURE DATE 1? Z A 5 FOR OFFICIAL USE ONLY PERMIT NO. v DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER - DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL` GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. • " 71 - t The Commonwealth of Massachusetts Department of Industrial Accidents A Office.of Investigations A a 600 Washington Street Boston,MA 02111 ',M �•' www.massgov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plunabers Applicant Information Please Print Legibly Name (Business/organization/Individual): Co SoLfirt l Cotig—A-D C;,=WSE Address: City/State/Zip: Co"sV M'A 0 2:6 3 Y Phone#: 'S.o `( 2 9 tf Z 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 6. ❑N construction employees(full'and/or part-time).* have hired the sub-contractors 2. I am a sole proprietor or partner- listed on the attached sheet $ emodeling ship and have no employees .These sub-contractors have 8. ,❑ Demolition working for mein any capacity. workers' comp.insurance. 9• ❑ Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its officers have exercised their 10.❑ Electrical repairs or additions required.] .< . . 3.❑ I am a homeowner doing all work -' right of exemption per MGL , ll.❑ Plumbing repairs or additions myself.[No workers' comp. - c. 152,§1(4),and we have no 12.❑ Roof repairs - insurance required.]t employees. [No workers' 13.❑ Other comp.insurance required.] . *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information: t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating suck tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers compensation insurance for my employees. Below is the policy and job site. information. - Insurance Company Name: Policy#or Self-ins.Lic. #: Expiration.Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to.secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$.1,500•.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and aline of up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby rti under the wins d enalties of perjury that the information provided above is true and correct Signature: Date: V Z Z. p S. Phone#: •58,?— 4 Z E T1 4 Official use only. Do not write in this area,to be completed by city.or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2..Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Information and Instructions. Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. A Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, r implied,oral or written." expresso nip ed, . An employer is defined as-."an individual,.,partuersbip;,association, corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity, employing employees. Ho er:tlie owner of a dwelling house having not more than three apartments and who resides therein, or.the occupant off the dwelling house of another who employs persons to do maintenance, construction or repair work-on such dwelling house an be deemed to be empto y er. or on the grounds or building appurtenant thereto shall not because of such employment MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance.or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compli ance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the 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-contractor(s)name(s), address(es) and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners; are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain.a workers' compensation policy,please call the Department at the number listed below.. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials . Please be sure that the affidavit is complete and printed legibly. The Department has provideda 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/hcense number which will be used as a reference number. In addition, an applicant that moist submit multiple permittlicense 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..Anew affidavit must be filled out.each is obtaining a license or permit not related to any business or commercial venture year.Where a home owner or citizen (i.e. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit: The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and.fax number: The Commonwealth of Massachusetts . Department of Industrial.Accidents ..Office qfluvestiga#ous 600 Washington Street . Boston,MA 02.111: Tel.#617-727-4900 ext 406 or-1-877-MASSAFE Fax#617-7274749 Revised 5-26-05 www.mass.gov/dia i t. Town of Barnstable Regulatory Services y 'ASS. 'g Thomas F.Geiler,Director 16;q. ♦� ,eiFo ,�A 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 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: SoLAIL -YAj Sq-A-u-A--l'4A-r"J Estimated Cost A 1 y, 0-0-0 Address of Work: 14-V"M 0 C1L t-M , c Owner's Name: ' 4l 9r1711 G0 d FiK I Date of Application: I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied ❑Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a per rt a the agent of th caner: Co�c� G6W S5 l b z� Date Contr ctor Name Registration No. OR Date Owner's Name Q:forms:homeaffidav Town of Barnstable Regulatory Services 9MASS. � Thomas F.Geiler,Director $A�fo Building Division Tom Perry, Building Commissioner 200 Main Street,,Hy_annis,.—M 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, J A-u.%£S ,as Owner of the subject property hereby authorize C114 C'"O SF-f-- to act on my behalf, in all matters relative to work authorized by this building permit application for: 1 SO 6 %Y#AR©C,tC- t.-A , (Address of Job) /oS Signature of O er Date Print Name Q TORMS DVVNMRPERMIS SION { out I � I 1 4' I r I f a i t i I i i f ' . {• f � 1 _ 4 fT 1 t 1 � f a t —�- t f , , t f ilT I IA ,JC S. , ^ Town of Barnstable *,permit# �-9y Expires 6 '0Vhs&ain Issue date s Regulatory Services Fee S639. �m8 Thomas F.Getters Director �fo,r►A+' Building Division IT Tom Perry, Building Commissioner AUG. 1 8 200 Main Street,.Hyannis,MA 02601 Z�� of Ice: 508-862-4038 TOWN OF 13MNSTA13 Faxm, 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL,ONLY' Not Valid without Red X-Press Imprint Map/parcel Number U� Property Address .50 AlV m n-1.0clk LC h ,e Cc oLu 37 Residential Value of Work Minimum fee of•$25.00 for work tinder$6000.00 Owner's Name&Address vv � /� 'Toe P Contractor_s_Narne Telephone 2.80 Home Improvement Contractor License#(if applicable) Q-L-:5,3 9 5 02 Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance . Check one: ❑ I am a sole proprietor ❑ Iom the Homeowner I have,Worker's Compensation Insurance Insurance Company Name I rr,— Workman's Comp.Policy# 1 =<-,5EZ Copy of Insurance Compliance Certificate must be oft file. Permit Request(check box) Y Re-roof(stripping old shingles) All construction debris will be taken to. er ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Reside ❑ Replacement Windows. U Value (maximum.44). *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Consavaden,etc. ***Note: Pr Owner sign Property Owner Letter of Permission. rov t actors License is required. Signature '' Q�orms:expmtrg . Revise063004 1 Town of Barnstable Regulatory Services e.BnRrts['ABI.r. e ` - MAss. Thomas F.Geiler,Director ATfo A�p�e 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 as Owner of the subject property /7 l P p t3' hereby authorize ( t/ to act on my behalf, in all matters relative to work authorized by this building permit application for: (Address of Job) Signature of Owner Date e, Print Name Q:FORMS:OWNERPERMISSION �:�..=-==�:w:�-..•..r.,:.a .� -. ., •,� - � ✓� 'C�o�nmzaizcuea�di a�✓�a4ocicl�i.�oeltb�, <i 7k-C, o� tt{ `BOARD OF BUILDINE3 REGULATIONS Board of Build�n Re ulah ns and Standards_ Rlcense CONSTRUCTION,$11PERV,ISOR ( 4` HOME IMPROVEMENT CONTRACTOR Nambef 009013; + t RegistmAiOct: 106395 it E 3/2006 2 Y 4� 257,61yI idual d y GREGORY M CAUEEY t` r GREGORY M CA ,. 1 � - 33A BAXT.ER AV_. r g 4 Gregory Cauley '� � fy, IN YARMOUTH, MA U3 :� 33 A BaxterAvenue� �-t °' COmmiss Warmouth,MA 02601 -' Administrator.. f*� r`> ,, A=053-027- JOSF,PH D. DALuz �L—�_ - TELBPHOHEs 775.1120 Building Commissioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 October 27, 1988 TO: Board of Appeals FROM: Joseph D. DaLuz, Building Commissioner RE: Zoning Enforcement/GOULD - Appellant: William Cuming I have spoken with Attorney Tadema`=Wielandt concerning the building on lot #16, Hummock Lane in Cotuit. First, Section 2-3.6 states . . . . "only one principal permitted building shall be located on a single lot". The key word is "principal". The owner is constructing a dwelling of some 5,000 square feet. This will be the principal building. Section 4-1.1 : "Within the zoning districts established her accessory I uses or accessory buildings are permitted, provided any such use or building . is customarily incidental to, subordinate to and on the same lot as the prin- cipal use it serves except as otherwise provided for herein". This same building in question served as quarters- for the previous owner. In fact, Mr. Martin, my assistant knows the man who lived in the unit. Nevertheless, I have discussed this issue with Town Counsel, Robert Smith and he concurs that a violation does not exist. I might also add that Mr. Gould will submit a letter stating that the building will be for his own private use. cc: Town Counsel Limit nturalO of a-r1aar4U-q1 tB BARNSTABLE Land 'SS. Court Docket No. 131141 WILLIAM R. CUMING Plaintiff(s) os. NOTICE OF RON S. JANNSON, et al. TAKING DEPOSITION VS. Defendant(s) RUTH D. CUMING, Defendant-in-Counterclaim To:The Defendants Please take notice that,at 10 o'clock a.m. , on May 3 19 89 at the officesof Michael J. O'Neill , Simons & Marcus, 15 Court Square, Boston, Mass. 02108 Plaintiff and Defendant-in-Counterclaim the in this action, by his (ht:+)l (iH attomey(s),will take the deposition upon their oral examination of ANNE G. GOULD pursuant to the applicable provisions of the Massachusetts Rules of Civil Procedure, before a Notary Public in and for the Commonwealth of Massachusetts, or before some other officer authorized by law to administer oaths. The oral examination will continue from day to day until completed. You are-invited to attend and cross-examine. Respectfully, r Michael J. O'Neill Attorney(s) for Plaintiff and Defendant-in- Counterclair? CERTIFICATE OF SERVICE I hereby certify that on 19 "` , I served the above notice on causing same to be ha-nd--delivered-to Defendants the in the above-entitled action by * !i k d��1 � s the office of Robert Fase, Hale and Dorr, 60 State Street, Boston, MA 02109, and FFfef�YIEt��T��tCETf�Vi�Z riGV� ' ' by mailing same, postage prepaid, to Town of Barnstable Zoning Board of Appeals, Town Hn11 , Hyannis, MA 02601, and Joseph D. DaLu�:, Building Commissioner, Barnstable Town Hall, Hyannis, MA 02601. i. Michael J. O'Neill cc.: Mildred Cardis Attorney(s) for Plaintiff and Defendant-in- Counterclaim !( MUTUAL =L'.! 'Ad?TINS COMMONWEALTH OF MASSACHUSETTS HARNSTABLE , SS . LAND COURT DEPT . CASE NO. 131141 WILLIAM R . CUMING, ) Plaintiff ) VS . ) ) RCN S . JANSSON, et al . , ) Defendants ) VS . ) RUTH D . CUMING, ) Defendant-in-Counterclaim ) PLAINTIFF WILLIAM R. CUMING ' s AND DEFENDANT-IN-COUNTERCLAIM RUTH D . CUMING ' S FIRST REQUEST FOR THE PRODUCTION OF DOCUMENTS FROM DEFENDANT ANNE G . GOULD NOW COME the Plaintiff , William R . Cuming, and the Defendant-in-Couinterclaim, Ruth D . Cuming, who, pursuant to Rule 34 of the Massachusetts Rules of Civil Procedure , requests the Defendant Anne G . Gould to produce the following documents for inspection and copying at the office of the attorney for the Plaintiff and Defendant-in-Counterclaim, Michael J . O 'Neill , SIMONS & MARCUS , 15 Court Square, Boston, Massachusetts 02108 , in or within thirty ( 30 ) days . INSTRUCTIONS If you object to producing any document on the ground that it is privileged, work product , or otherwise exempt from disclosure , for each such document please state and identify: ' 1 . The title of the document for which such privilege is claimed; 2 . The reason for withholding the document; 3 . The author of the document; 4 . Each person to whom the document indicates the original or copy thereof was sent ; 5 . The date of the document ; and 6 . The general subject matter of the document . DEFINITIONS As used herein, the following terms are defined as follows : 1 . "Documents" means all letters , notes, memoranda, plans , photographs , studies in any paper , whether written or reproduced in any other form or manner and whether original or a copy, and 'however or from whomever it came in to the possession of Anne G . Gould or her agents . 2 . "The Cumings" means William R. Cuming, Ruth D . Cuming or both , as the context makes appropriate . 3 . "The Gould residence" means the residence planned, proposed or under construction by Anne G . Gould in Lot 19 , Hummock Lane, Cotuit , Massachusetts . 4 . "The Beach House" means the House on Lot 19 , Hummock Lane, Cotuit , Massachusetts , which currently exists and which has existed since Anne Gould has owned said Lot 19 . d . Any other agency of the Town or County of Barnstable, the Commonwealth of Massachusetts or the United States of America . 5 . All plans and specifications concerning the Gould Residence prepared by any agent of Anne G . Gould, including but not limited to rough drafts . 5 . All documents concerning the Gould residence exchanged between Anne G . Gould and any architect , engineer , builder , contractor or planner . 7 . All documents concerning electrical service or telephone service to the Beach House .from the time that Anne G . Gould .has owned Lot 19 . 8 . All documents evidencing human occupancy of the Guest House at any time . � . All documents evidencing unnecessary attorneys and consultants fees, as alleged in paragraph 9 of the Counterclaim of Anne G . Gould . Plaintiff , William R. Cuming and Defendant-in-Counterclaim, Ruth D . Cuming, By their attorney, Michael J . O 'Neill SIMONS & MARCUS 15 Court Square Boston, MA 02108 i AFFIDAVIT OF SERVICE I, Michael J. O'Neill, attorney for the above-named Plaintiff and Third Party defendant, hereby certify that I this day served a copy of the above upon the other parties to this action by mailing same, postage prepaid, to Robert Fast, Esq. , HALE AND DORR, 60 State Street, Boston, Mass. 02109, to Barnstable Board of Zoning Appeals, Town Hall, Hyannis, Mass. 02601, and to Joseph DaLuz, Building Commissioner, arnstable Town Hall, Hyannis, Mass. 02601. March 25, 1989 Michael J. .O'Neill i S ATTORNEYS A- _.A''.%' I SAAC E. SIMCNS i '9!6.1955) _ 15 COURT SQUARE DAMES S. MARC::- BOSTON. MASSACHUSETTS 02108 C. D. TADEMA-'.V:E-ANDT (617) 227-3117 JOAN M. LICITRA MICHAEL J. O'NEiL: IN REPLY PLEASE REFER TO FILE NO. %'a 24 , 1989 Cha_ - W. T'rombly, Recorder :a c = PeT;c_ Square ost or. '".A 02108 D-e : 41liam R . Cumino v . Ron 7 . 3ansson, et al . v. Ruth D . Cumina_ Land Court Case No . 131141 Deaf - . Trombly : -.::closed herewith for filing please find Thin: Party Defendant Ruth D . Cuming ' s answer to Amended Counterclaim and Third Party Complaint of Anne G . Gould . Yours very truly , Mlichael J . O 'Neill cc : Ro:;ert Fast , Esq . Barnstable Board of Zoning Appeals Joseph DaLuz, Building Commissioner COMMONWEALTH CF MASSACHUSETTS ELE , SS . LAND COURT DEPARTMr NE CASE NO . 1331141 t W11LIAM R . CUMING , ) Plaintiff ) THIRD PARTY DEFENDANT RUTH D . CUMING ' S AivSVV" VS . ) TO AMENDED COUNTERCLAIM AND T-iIRD PARTY COMPLAINT R--N E . JANSSON, AS HE IS ) OF ANNE G . GOULD C= '?Aid THE TCd\ OF-=.. ) E- 3? QTABLE ZONING BOARD ) C EALS , et al . ) Defendants ) vs . ) R.J D . CUMING , ) rd Party De`endant ) 'low comes the third party defendant , Rught D . Cursing, who reSconds to defendant Anne G . Gould ' s counterclaim and Third Par ; Complaint as Follows : The allegations of the 47_ it rct sentence e parag_raph l are except that the allecation th;t the property cons_ste of -cproximately 2 . 0 acres is denied . The second sentence of pa=-a--raph 1 is a conclusion to which no answer is required . 2 . Admitted . 3 . The allegation of paragraph 3 is a conclusion to which no answer is required . 4 . The defendant-in-counterclaim is unable to admit or deny t--e allegations of paragraph 4 and calls upon the defendant to prove the same . i 5 . Admitted , except that the third party defendant denies that the hone is the summer home . 6 . The third party defendant says that the instrument speaks for itself and that no further answer is required . 7 . In answer to the first sentence of paragraph 7 , the third party defendant says that the instrument speaks for itself and that no further answer is required . S . Admited, except that the third party defendant denies that the home is a summer home . 9 . The third party defendant is without sufficient _.._ocmatlon to admit or deny the allegations A paragraph 9 and calls upon the defendant to Drove the same . j . Denied . R . Denied . The 4hi rd party defendant says that William Coming was at said hearing but did not say a word . 12 . Admitted . 12 . Admitted . 14 . In answer to the allegations of paragraph 14 , the third ty par defendant says that the allegations are so vague that she i'^- "1 cannot reasonably be required to frame a response to same. 15 . The third party defendant is without sufficient information to admit or deny the allegations A paragraph 15 , as the complaint does not specify to what the allegations refer . to . Denied . 2 - 17 . The third party defendant herewith realleges and _::corporates by reference paragraphs 1-16 . 18 . Denied . �.F==Fi^ATIVE DEFENSES 1 . The proposer. use by t^e defencant is i1 legal ; it is in t_on of the zcr n.c. by-1-a s of the Town of Rarnsta^le; the ~e=endant Anne G . Could is barred ',y her illegality . 2 . The third party deFeLlda t has n0 Qhligation =o ancrove a s _ -icture which is illegal . The defendant Anne G . Could has never riven the = 1_L or tf'.t t ?i _ _ cari= de=e'.?dant the c('m—lei-e c an- an - `'cations for her propos`d new construction . The plaintiff nc` :=_e c the said defencant in: writing that he coulc not _=spond '-:er request for acceptance without receipt of the full plans �..� the- said defendant refused and neglected to furnish the ccT:o_ete plans to the plaintiff . The said defendant Anne G . ,ould has not communicated with the third party defendant r:.la`_ive to approval . 4 . The defendant Anne G . Could is guilty of unclean . hands , any is estopped from seeking any relief . The defendant Anne G . Gaul proceeded with disregard of the third party defendant ' s rc'-:ts and is in no position to ask the court for equitable re_:ef . 'iHEREFCRE , the thj rd party defendant demands that the defendant Anne G . Could ' s counterclaim be dismissed and that he a',:arded his costs and reasonable attorneys fees . rr :Tit., II 19 . The t'nir� party defenc:ant herewith realleges and _::corporates by reference his answers to paragraph 1-10' and l8 , her affirmative defenses one through Four . 29 . Denied . 21 . Denied . ? _ RMATIVF DEFENSE The thin part] .t has constitutional , statllt0rV a.. cor.t_actual rig1 t Q , the exar'_ ise of which is not ac__onat' _ . . The doFcrrzn Anne r , :ou_ " ' .. coi,ntercIa_iT. meek to e exer,^ise of constitutior.a' rights , stati]tOCV rights anC cc._tractual rights , act- iona:.le . 7 . The counterclaim does not allege any acts constituting :r_ats , intimidation or coercion by the third party defendant - attempts at same . 8 . The counterclaim does not state a claim upon which r_'_ie.f_ can be granted . 9 . This Honorable Court lacks subject matter jurisdiction over the cause of action alleged in Count II of Anne C . Could ' s counterclaim . - 4 - � HEREFORE , the third Party dependant demands that the .:e'-e^6ant Anne C . Could ' s counterclaim be dismissed and that she awarded her costs and reasor.acle attorney ' s fees . Dlaintiff, By his attorney, Michael J . O ' reill Simons & "Marcus 15 Court Scruare Boston, MA 02108 ( 017 ) 227-3117 i Affidavit of Service ^.ichae1 J . 0 ei11 , attorney for the above-named Third -a_ Defendant , hereby certify that I this day server a copy of :. a`cove upon other parties tc this action by mailing same , cs`a�e prepaid , to Rorert Fast , Esquire , Hale and, Dorr , 60 Street , Boston , Massachusetts 02109 , Barnstable Zoning or Appeals , Town Hall- , F_vannis , Massachusetts 02601 , and -r� DaLuz , Barnstable Building Commissioner , Town Hail , ....._a , Massachus.tts 02601 . L2 Date �— Michael J . O ' Nei II 6 - ATTORNEYS AT LAW ISAAC E. SIMONS (1916-1955) 15 COURT SQUARE JAMES B. MARCUS , - BOSTO N. MASSACHUSETTS 02108 C. D. TADEMA-WIELANDT (617) 227-3117 JOAN M. LICITRA MIGHAEL J. O'NEILL IN REPLY PLEASE REFER TO March 22 , 1989 FILE NO. Charles W. Tromblay, Recorder Land Court Department Room 408 Old Court House Boston, MA 02108 Re : William R. Cuming v. Ron S . Jansson, et al . vs . Ruth D . Cuming Land Court Case No. 131141 Dear Mr . Tromblay : Enclosed herewith for filing please find Plai•nti,ff- William R . Cuming ' s and Defendant-in-Ccunterclaim Ruth D . Cuming ' s First Request for Production of Documents from Defendant Anne G . Gould, and Plaintiff William R. Cuming ' s and Defendant-in- Counterclaim ' s Ruth D . Cuming ' s Notice of Taking Deposition of Anne G . Could . Yours very truly, Michael J . O 'Neill cc : Robert Fast, Esq. Barnstable Zoning Board of Appeal Joseph D . DaLuz , Barnstable Building Commissioner r SIIMONS & MAItC 7S ATTORNEYS AT LAW ISAAC E. SIMONS (1916.1955) IS COURT SQUARE JAMES B. MARCUS BOSTON. MASSACHUSETTS 02108 C. D. TADEMA-WIELANDT (617) 227-3117 JOAN M. LICITRA MICHAEL J.O'NEILL IN REPLY PLEASE REFER TO FILE NO.3833-A March 6, 1989 Charles W. Trombly Recorder Land Court Old Court House Pemberton Square Boston, Mass . 02108 Re : William R. Cuming v. Ron S. Jansson, et al . v. Ruth D. Cuming Land Court Case No. 131141 Dear Mr . Trombly: Enclosed herewith for filing please find plaintiff ' s response to defendant Anne G. Gould ' s request for the production of documents. Yours very truly, Michael J . O 'Neill MJO/ds Enclosures cc: Robert Fast, Esq. Barnstable Zoning Board of Appeals Joseph D . DaLuiz, Barnstable Building Commissioner SIMONS 4& MA.RCUS ATTORNEYS AT LAW ISAAC E. SIMONS (1916-1955) 15 COURT SQUARE JAMES B. MARCUS - BOSTON, MASSACHUSETTS 02108 C. D. TADEMA-WIELANDT (617) 227-3117 JOAN M. LICITRA MICHAEL J.O'NEILL IN REPLY PLEASE REFER TO FILE NO. 3833-A February 16, 1989 Charles W. Trombly Recorder Land Court Old Court House Pemberton Square Boston, Mass . 02108 Re: William R. Cuming v. Ron S . Jansson, et al . v. Ruth D. Cuming Land Court Case No. 131141 Dear Mr . Trombly: Confirming my telephone conversation with your office, by agreement of the parties, please continue the motion by third-party defendant Ruth D. Cuming to dismiss the third-party complaint from February 17, 1989, to February 21, 1989 , at 10 : 00 a.m. . :ours very truly, Michael J. O'Neill MJO/ds Enclosures cc: Robert Fast, Esq. Barnstable Zoning Board of Appeals Joseph D . DaLuiz , Barnstable Building Commissioner fI � I �i COMMONWEALTH OF MASSACHUSETTS BARNSTABLE , SS . LAND COURT DEPARTMENT CASE NO 131141 l I` I !� WILLIAM R. CUMING ) PLAINTIFF 'S RESPONSE TO Plaintiff ) DEFENDANT 'S ANNE G . GOULD ' S REQUEST FOR THE VS . ) PRODUCTION OF DOCUMENTS ) RON S . JANSSON, et al . ) i' Defendants ) ii Now comes the plaintiff in the above entitled action, i who responds to the plaintiff ' s request for production of documents as follows : 1 . Produced. 11 2 . Produced . 3 . Produced ; except that the plaintiff objects to that portion of the request that asks for documents as to the value of the Cumin residence. The plaintiff is' g p producing herewith li I I i it his real estate tax bills; the plaintiff states that the i! 1 defendant is not entitled to any further such documents on the �! grounds that insofar as the request asks for further 11 documents, the request is not designed to lead to the ►I i l) discovery of any admissible evidence. !i 4 . The plaintiff says that this request is a repetition of requests 1 , 2 , 3 and that no further response is required. !I � j 5 . Produced . i, �I I� I' f� F 11 t� jl I I I 6 . Produced. ; I ; 1� 7 . The plaintiff produces his real estate tax bills; 11 insofar as the request asks for further documents the q n i jl plaintiff objects to the request on the 1, p j� q grounds that it is not I j 1 it designed to lead to the discovery of any admissible evidence. 8 . The plaintiff objects to this request on the grounds j that it asks for documents that are not designed to lead to j is I II the discovery of admissible evidence. 'i i I+ Ii I i� Plaintiff i li By his attorney, j it i � I +! Michael J . O 'Neill j Simons & Marcus it 15 Court Square jj Boston, Mass . 02108 ii ( 617 ) 227-3117 _ I .I I I ij J li i I I ,I j� li Ij I i j I I+ ji is i I, i I 1 l I li I� I I I AFFIDAVIT OF SERVICE I I II II I ,I I , Michael J. O'Neill , attorney for the above named i plaintiff, hereby certify that I this day served a copy of the l above upon the parties to this action, by causing same to be Ij hand delivered to the office of : I Robert Fast, Esq. Hale & Dorr 60 State Street Ii Boston, Mass . 02109 �I'i and by mailing same, postage prepaid to: I i Barnstable Zoning Board ji of Appeals Barnstable Town Hall �i Hyannis , Mass . 02601 --- -- ---- 1 Joseph D . DaLuiz Barnstable Building Commissioner Barnstable Town Hall I! Hyannis, Mass . 02601 iI ,I I i 1 Michael J . O'Neill III Dated: March 6 , 1989 I 1 i I! I! it i I I li I• I i I SIMONS dft MA.RCUS ATTORNEYS AT LAW ISAAC E. SIMONS (1916.1955) 15 COURT SQUARE JAMES B. MARCUS BOSTON. MASSACHUSETTS 02108 C. D. TADEMA-WIELANDT (617) 227-3117 JOAN M. LICITRA MICHAELJ.O'NEILL IN REPLY PLEASE REFER TO FILE NO. 3833-A February 9 , 1989 Charles W. Trombly Recorder Land Court Old Court House Pemberton Square Boston, . Mass . 02108 Re: William R. Cuming v. Ron S . Jansson, et al , v. Ruth D. Cuming Land Court Case No. 131141 Dear Mr . Trombly: Enclosed herewith for filing please find plaintiff ' s interrogatories propounded to defendant Anne G. Gould. Yours very truly, Michael J. O'Neill MJO/ds Enclosures cc: Stephen H. Olesky, Esq. Barnstable Zoning Board of Appeals Joseph D. DaLuz, Barnstable Building Commissioner �i COMMONWEALTH OF MASSACHUSETTS i BARNSTABLE , SS . LAND COURT DEPARTMENT - CASE NO. 1331141 I i j WILLIAM R. CUMING ) ! Plaintiff ) PLAINTIFF 'S INTERROGATORIES I' ) PROPOUNDED TO DEFENDANT VS . ) ANNE G . GOULD ) RON E . JANSSON, AS HE IS ) I! CHAIRMAN OF THE TOWN OF ) BARNSTABLE ZONING BOARD ) �i OF APPEALS, et al . ) i H Defendants ) 1; vs . ) ! RUTH D. CUMING ) i Third Party Defendant ) I! Ij j1 . Please state your name , residence address , business address , date of birth, occupation and employer . I! ! 2 . With respect to the allegations in p g paragraph 20 of (� our counterclaim and in Ii y particular with respect to each and I Ii every fact or incident relied upon by you in making said j 11 allegations, please state : (a) the date; I I (b) the place ( if you are referring to a telephone li conversation or written correspondence, so state) ; II (c) the persons present; ! (d) if said fact or incident includes any conversation, the exact contents of the conversation, indicating �i j i i it who said what to whom, as nearly verbatim as { possible. it i 3 . Please list the names and addresses of each person i ji who has stayed overnight, or lived, at the cottage referred to in paragraph 4 of your answer, and please also state the dates �i of same as nearly as possible for each such person. (This I! � includes you, your family and any other person; this refers to �i the period both before and after you purchased same; in Ii �I answering this interrogatory please list the dates so as to li i indicate to which people they apply. ) i �i 4 . With respect to the cottage referred to in paragraph i 4 of your answer, please : ±i a) describe each room, stating the function of the I !! room ( kitchen, living room, bedroom, bathroom, etc . ) and the furniture in each room; b) please state the number of beds; i c) please describe fully all cooking facilities (with I i respect to all stoves, please list the number of II burners , and the baking and broiling compartment, if present; d) please list toilets, wash basins or sinks present I jj and the location of same; I I; e) please describe fully any septic system or sewage disposal system servicing the same; f ) lease list all showers or bath tubs p present and. !i the location of same; i ;i ;! -2- �! a I � I� g) please describe fully any facilities for heating ii that are present, including but not limited to the .I I fireplace; i h) please describe fully any washing machines that are i �I present and the location of same; I �i i ) please describe fully any televisions that are i I; I. ii present and the location of same; I I i j ) please describe fully any carpets that are present I Ij and the location of same; I I k ) please describe fully any air conditioners that are present, and the location of same; i' i Ij H y an 1 ) please describe full g p y garbage disposal that is it present and the location of- same . i 5 . Please describe in full and complete detail all !! renovations and/or repairs that you have undertaken or made to i the cottage referred to in paragraph 4 of your answer . 6 . With respect to the large house on Hummock Lane in �I Cotuit, Mass . owned by you or a member of your family (other I it than the aforesaid cottage) please state the number of rooms, I �! in full and complete detail the heating system, and please . list all rooms which are insulated and all rooms which are uninsulated . i {' Plaintiff By his attorney, 'Michael J . O 'Neill j Simons & Marcus 15 Court Square - 9th Floor Boston, Mass . 02108 ( 617 ) 227-3117 i I. -3- �� i i� I i! I I i AFFIDAVIT OF SERVICE 4 I I ' I fl f� I , Michael J . O 'Neill , attorney for the above named I plaintiff, hereby certify that I this day served a copy of the I above upon the parties to this action by by mailing same, I postage prepaid to: ill ' Stephen H. Olesky Hale & Dorr l 60 State Street Boston, Mass . 02109 Barnstable Zoning Board of Appeals Barnstable Town Hall j Hyannis, Mass . 02601 !i ! Joseph D. DaLuz i Barnstable Building Commissioner Barnstable Town Hall �i Hyannis, Mass . 02601 is (i Michael J . O 'Neill F Dated : February 10 , 1989 is I j� I I i i i is i I � I i i I' i i i SIMONS d& MA.IZCUS ATTORNEYS AT LAW ISAAC E. SIMONS (1916-1955) 15 COURT SQUARE JAMES B. MARCUS BOSTON, MASSACHUSETTS 02108 C. D. TADEMA-WIELANDT (617) 227-3117 JOAN M. LICITRA MICHAELJ.O'NEILL IN REPLY PLEASE REFER TO FILE NO. 3833-A February 7, 1989 Charles W. Trombly Recorder Land Court Old Court House Pemberton Square Boston, Mass . 02108 Re: William R. Cuming v. Ron S. Jansson, et al . v. Ruth D. Cuming Land Court Case No. 131141 Dear Mr . Trombly: Enclosed herewith .for filing please find plaintiff 's answer to defendant Anne G. Gould ' s counterclaim. Also enclosed herewith for filing please find third party defendant Ruth D. Cuming' s motion to dismiss third party complaint. Please mark said motion for hearing on February 17 , 1989 , at 10 : 00 a.m. Yours very truly, Michael J. O'Neill MJO/ds Enclosures cc: Stephen H. Olesky, Esq. Barnstable Zoning Board of Appeals Joseph D. DaLuz, Barnstable Building Commissioner ,r I COMMONWEALTH OF MASSACHUSETTS 1i I BARNSTABLE, SS . LAND COURT DEPARTMENT j CASE NO. 1331141 !I ` i WILLIAM R. CUMING ) Plaintiff ) THIRD PARTY DEFENDANT (l ) RUTH E. CUMING ' S MOTION II vs . ) TO DISMISS THIRD PARTY COMPLAINT I` RON E. JANNSON, AS HE IS ) !� CHAIRMAN OF THE TOWN OF ) BARNSTABLE ZONING BOARD ) ji OF APPEALS, et al . ) Defendants ) vs . ) RUTH D. CUMING ) 1� Third Party Defendant ) i Now comes the third party defendant Ruth D. Cuming, who i it moves this Honorable Court to dismiss the third party licomplaint against her on the following grounds : I; li 1 . Pursuant to Rule 12 (b) ( 5 ) of the Massachusetts Rules ; of Civil Procedure for insufficiency of service of process . I The third party plaintiff Anne G. Gould has filed a certificate of service, copy attached hereto as Exhibit Al , i stating that she served the third party defendant Ruth D . i I Cuming by mailing to her certified mail , return receipt requested at Sharon, Mass . This is insufficient process under )� Rule 4 . Anne Gould states in her certificate of service that she is making service pursuant to Rule 4 (e) ( 3 ) Mass . R. Civ. ; it �I I I y` yi P. that rule only pertains to personal service outside the y f Commonwealth . 2 . The purported third party complaint by Anne G. Gould against Ruth D. Cuming is not a third party complaint in conformity with the Massachusetts Rules of Civil Procedure. 1! Mass . R. Civ. P. Rule 14 provides that a third party summons may be served by a defendant "upon a person who is or may be i j liable to him for all or part of the plaintiff ' s claim against him. " The purported third party complaint does not comply ' I! with Rule 14 . It does not seek any indemnity. i i WHEREFORE, third party defendant Ruth D . Cuming moves this Honorable Court to dismiss the third party complaint by d i against her . Anne G. Gould a I y 5 Third Party Defendant Ruth D. Cuming By her attorney, . I i Michael J. O'Neill ij Simons & Marcus 15 Court Square - 9th Floor j; Boston, Mass . 02108 ( 617 ) 227-3117 i � l i; I I I i ! I� � '.k y a i COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. LAND COURT DEPARTMENT CASE NO. 131141 WILLIAM R. CUMING, ) Plaintiff, ) v. ) RON S. JANSSON, AS HE IS CHAIRMAN ) OF THE TOWN OF BARNSTABLE ZONING ) BOARD OF APPEALS, DEXTER BLISS, ) CERTIFICATE OF SERVICE GAIL NIGHTINGALE, RICHARD BOY, LUKE) LALLY, AS THEY ARE MEMBERS OF THE ) TOWN OF BARNSTABLE ZONING BOARD OF ) APPEALS, HELEN WIRTANEN, ELIZABETH ) HORTON AND JAMES MCCRATH, AS THEY ) ARE ALTERNATE MEMBERS OF THE TOWN ) OF BARNSTABLE ZONING BOARD OF ) APPEALS, JOSEPH D. DALUZ, AS HE IS ) BUILDING COMMISSIONER OF THE TOWN ) OF BARNSTABLE AND ANNE G. GOULD, ) Defendants. ) and ) ANNE G. GOULD, ) Counterclaim and ) Third-Party Plaintiff, ) v. ) WILLIAM R. CUMING ) AND RUTH D. CUMING, ) Third-Party Defendants. ) I, Stephen H. Oleskey, one of the attorneys for Anne G. Gould, Defendant and Plaintiff in Counterclaim and Third-Party Plaintiff in the above entitled action, hereby certify that on January 19, 1989 , I caused to be served upon the third-party defendant Ruth D. Cuming, pursuant to Mass. R. Civ. P. 4 (e) ( 3) , a copy of the Answer of the Defendant Anne G. Gould To Plaintiff ' s Amended Complaint; Counterclaim; and Third Party Complaint by +ru:. � 1 � Jdf causing a copy of same to be mailed, postage prepaid, certified mail - return receipt requested, to: Ruth D. Cuming, 135 Old Post Road, Sharon, MA 02067. As proof of service, attach herewith the executed certified mail receip . i Stephen H. Oleskey BBO #378615 HALE AND DORR 60 State Street Boston, MA 02109 (617) 742-9100 Dated: January 27, 1989 �j i I AFFIDAVIT OF SERVICE �I i! ! I , Michael J. O'Neill , attorney for the above named j ; it party defendant, hereby certify that I this day served a it I copy of the above upon the parties to this action, together 11with notice that I would bring the same on for hearing before I� the Land Court on February 17 , 1989 , at 10 : 00 a.m. ; said I i notice was given by causing same to be hand delivered to the � lij office of: i. j I Stephen H. Olesky IF Hale & Dorr j; 60 State Street Boston, Mass . 02109 and by mailing same , postage prepaid to: jBarnstable Zoning Board of Appeals i Barnstable Town Hall jj Hyannis, Mass . 02601 j } Joseph D. DaLuz i Barnstable Building Commissioner I! Barnstable Town Hall i+ Hyannis, Mass . 02601 !", Michael J. O'Neill ! D ated: February 7 , 1989 I , i I N ! li !, I ; ' I i� i I I I' I; i y ! I II I COMMONWEALTH OF MASSACHUSETTS !i BARNSTABLE, SS. LAND COURT DEPARTMENT CASE NO. 1331141 j i; WILLIAM R. CUMING ) i Plaintiff ) PLAINTIFF 'S ANSWER TO AMENDED COUNTERCLAIM OF VS . ) ANNE G. GOULD + i i RON E. JANNSON, AS HE IS ) CHAIRMAN OF THE TOWN OF ) BARNSTABLE ZONING BOARD ) IIOF APPEALS, et al . ) j Defendants ) j VS . ) RUTH D. CUMING ) Third Party Defendant ) I ) i . Now comes the plaintiff who responds to defendant Anne i G. Gould ' s counterclaim as follows : I i 1 . The allegations of the first sentence of paragraph 1 j I are admitted, except that the allegation that the property �i consists of approximately 2 . 0 acres is denied. The second i1sentence of paragraph 1 is. a conclusion to which no answer is j required . it 2 . Admitted . { it 3 . The allegation of paragraph 3 is a conclusion to I which no answer is required. 1' 4 . The plaintiff is unable to admit or deny the allegations of paragraph 4 and calls upon the defendant to I' prove the same. is I I ' I i I I . i I 5 . Admitted, except that the plaintiff denies that the !i home is the summer home. j! j; 6 . The plaintiff says that the instrument speaks for it I; itself and that no further answer is required. ii 7 . In answer to the first sentence of paragraph 7 , the I plaintiff says that the instrument speaks for itself and that I` no further answer is required . I! I� j 8. Admitted, except that the plaintiff denies that the ii home is a summer home. 9 . The plaintiff is without sufficient information to j admit or deny the allegations of paragraph 9 and calls upon i l the defendant to prove the same. I, 10 . Denied . 11 . Denied . The plaintiff states that he was at said hearing but did not say a word . The plaintiff ' s attorney i! spoke at said hearing. I ;i �I 12 . Admitted . l I li 13 . Admitted . i i4 . In answer to the allegations of paragraph 14 , the it plaintiff says that the allegations are so vague that he jII cannot reasonably be required to frame a response to same. i ii 15 . The plaintiff is without sufficient information to admit or deny the allegations of paragraph ,15 , as the 111 complaint does not specify to what the allegations refer . i' (� 16 . Denied . i� jj i. -2- I II I I j j' COUNT I 17 . The plaintiff herewith realleges and incorporates by j j, referenceparagraphs 1-16 . 18 . Denied . i1 Affirmative Defenses i 1 . The proposed use by the defendant is illegal ; it is 4� in violation of the zoning by-laws of the Town of Barnstable; j the defendant Anne G. Gould is barred by her illegality. l 2 . The plaintiff has no obligation to approve a j I structure which is illegal . 3 . The defendant Anne G. Gould has never given the 1 plaintiff the complete plans for her proposed new construction. The plaintiff notified the said defendant in ii writing that he could not respond to her request for g P q acceptance without receipt of the full plans and the said j defendant refused and neglected to furnish the complete plans H I II to the plaintiff . �I II 4 . The defendant Anne G. Gould is guilty of unclean jihands , and is estopped from seeking any relief. The defendant Ii Anne G. Gould proceeded with disregard of the plaintiff ' s i 1 rights and is in no position to ask the court for equitable H relief. I j WHEREFORE, the plaintiff demands that the defendant Anne i G. Gould ' s counterclaim be dismissed and that he be awarded his costs and reasonable attorney' s fees. j -3- j i I r i' it ! I) COUNT II i I I 19 . The plaintiff herewith realleges and incorporates ji by reference his answers to paragraphs 1-16 and 18 , and his i i! affirmative defenses 1 through four . i !i 20 . Denied. ! 21 . Denied . I; Affirmative Defenses i li 5 . The plaintiff has constitutional , statutory and �i contractual rights, the exercise of which is not actionable. ! 6 . The defendant Anne G. Gould ' s counterclaim seeks to ,i i i! i make the exercise of , constitutional rights, statutory rights !I and contractual rights , actionable . 7 . The counterclaim does not allege any acts i ' constituting threats , intimidation or coercion by the ii plaintiff, or attempts at same. j8 . The counterclaim does not state a claim upon which I ' 11 relief can be granted. i; 9 . This Honorable Court lacks subject matter I� jurisdiction over the cause of action alleged in Count II of plaintiff Anne G. Gould 's counterclaim. i ! ' I WHEREFORE, the plaintiff demands that the defendant Anne i I' G. Gould 's counterclaim be dismissed and that she be awarded i her costs and reasonable attorney' s fees . i !I i !i Plaintiff By his attorney, !I Michael J. O' Neill !� Simons & Marcus iJ 15 Court Square - 9th Floor j� Boston, Mass . 02108 ( 617 ) 227-3117 �i -4- �i i I AFFIDAVIT OF SERVICE I I , Michael J. O 'Neill , attorney for the above named I I; plaintiff , hereby certify that I this day served a copy of the I above upon the parties to this action by causing same to be i j� hand delivered to the office of• I Stephen H. Olesky Hale & Dorr !I 60 State Street i Boston, Mass . 02109 and by mailing same , postage prepaid to: I Barnstable Zoning Board of Appeals j! Barnstable Town Hall j Hyannis, Mass . 02601 i Joseph D. DaLuz I Barnstable Building Commissioner Barnstable Town Hall Hyannis , Mass . 02601 J0 Michae J. O'Neill it I' Dated: February 7 , 1989 0. ;I �j l I i� ii I� �I it Ii I I i� I� ii r ,�'t-ftessors ffice (1st floor): �THEr Assessor's map and -lot number ............ ....y....'.z ...... � `+ �Y E�.� � o o�♦ Board of Health•(3rd floor): p� INSTALLED had a� Sewage Permit number �...'�.� ....... . ( . .OA d ' ...... vtm Z BA$39TADLE♦ i LE Engineering Department (3rd'floor): ��r� a `� 7 MADE House number ............ ..... . ...1. a.. l..a� ENVI -! q" 4K 1 kL CC'. ' aka . Definitive Plan Approved Sy Planning Board ____________________________19________ . TOWN REGULATION APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00.2:00 P.M. only A P P R �'�WN. OF BA RNSTABLE . jWW"t&bje Conservation-Co�UTL D I N G INSPECTOR giao,WCATION FOR PEIRf TO ..►—'CD `"�11..,...O..S...jr.................................................. TYPE OF CONSTRUCTION ...........1 ..---.. /.1 ........19�� TO THE INSPECTOR OF BUILDINGS: uo The undersigned hereby applies for a permit according to the following information: Location ........—.'...4: S..........TAS):N\��y......L, 4 ...� ��t�f................................... . ...........:..... . . Proposed Use �l�G... .................. ... ..... (T............... .............. ` Cow l ZoningDistrict ...................................................................Fire District ................. . . . Name of Owner ...7�A�z ........!:.............Address `... ..:AvA......) Name of Builder 12C*0 ...�..N\1 4 .�—4. Address ...P.0........- ..... 10....QIMPvI.,uz..... Name of Architect .. J.. +��N..................Address .�1..�Y...2:®Z 4 ...!v . : . Number, of Rooms ..........:.......................................................Foundation � �� .:..C �Q�4 ��-............ Exterior .. ........................Roofing ....... ......................... Floors .............................Interior ....... Lr��5�1 �............................................... ..Lib............................ Heating . .. L ;.;...� ! T.... M..p.. �2..Plumbing ...:,.. ��? N....,..�,�—��► b 4 .y..Vr—E.. Fireplace ..� .)... M .................................Approximate Cost .:...........s�. ,►®`�.....................:.. 4 .... .. � " . Area ... ...... ............... ....../. Diagram of Lot and Building with Dimensions Fee Q BAR. WLAOD h =x71 J4- OCCUPANCY PERMITS REQUIRED FOR NEW DWELLING • l I hereby agree to conform to all the Rules and Regulations of the Town a r st ble regardin t bove construction. Name . .. ..... . . . .. . .. .. .... .... .. .. . Construction Supervisor's License ..© `� / ` GOULD, JAMES ��`` t✓ ►. _ ' . 0 32650 Permit for . d welling & Garage ., ,t . Single Family Dwe ling 1](;]• r Lot...#.19 ... .1`V50 Nu ock...L.ne !' Location .:........ .4 f� ................................... .y...Y ......... • ..... 4 r .. N r ♦ N y. ! {'P - �` ; James �Go j . ... x x� Owner .... ? .: ^ Type of, Construction :., I come ... .......... t •Y ... t ........ .................. 13 t' Lott ... . ................ � • ' r-�. 4 ,�- ., �• �, .,1„ J w Plot .............. ...... t. y IN -Februar v 21 ,' s% Permit Gran,ed ................ .......p..............19 ..«...D.. ... Date of 'Inspection .. ....19 Date Completed ��!! L L/ :1 q �/ram•, lit- :t C -� w + TOWN OF BARNSTABLE Permit No. ..32 O..... BUILDING DEPARTMENT P """ j Cash ............. TOWN OFFICE BUILDING ,.. Yl >i,ur HYANNIS,MASS.02601 Bond CERTIFICATE OF USE AND OCCUPANCY Issued to James Gould Address Lot #19, 150 Humock Lane Cotuit, Massachusetts 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. Q ?... . ... ....... Building Inspector - /�R t.A .yTr.,►w:ar � �rL.vl. �� . BARNSTABLE, MASSACHUSETTS BUILD ING PERMI,1`DATE February L1 1989 ' . PERMIT NQNO 32650 Boxers & Atarney, lnr._ ADDRESS P.O. Box 10 08tervil e, _ 16114 (NO.) (STREET) � ICO.NTR'S LICENSEIBuild dwellin & NUMBER OF gar9,�l STORY Single family -dwelling 1 (TYPE OF IMPROVEMENT) NO, DWELLING UNITS (PROPOSED USE) AT (LOCATION) - lot #19 150 Humock Lane, Cotuit ZONING RF �• f. IN0.) .. (STREET) DISTRICT_ BETWEEN,` (CROSS STREET) AND s (CROSS STREET) SUBDIVISION " LOT LOT BLOCK SIZE BUILDING I S TO BE FT. WIDE BY-FT. LONG BY ~ FT. IN HEIGHT AND SHALL CONFORM LN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: Sewage #88-372 AREA OR BOND VOLUME 3160. sq. ft. ESTIMATED COST 340,000 PERMIT Q OND(CUBIC/SQUARE FEET) FEE . 84.50 OWNER `James Gould, ADDRESS �' BUILDING DEPT. BY OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. T RELEASE ,THE APPLICANT-FROM THE CONDITIONS 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. 2. PRIOR TO COVERING STRUCTURAL ELECTRICAL, PLUMBING AND MEMBERStREA0Y TO LATH). QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL 3. FINAL INSPECTION BEFORE FINAL INSPECTION HAS BEEN MADE, OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS 1 1� 1 ELECTRICAL INSPECTION APPROVALS Fin 41 p(5. 2 3 _. HEATING INSPECTION APPRO ALS 1 ENGINEERING DEPARTMENT S JLzT 7-a 4,014-1 t4vp— v 0 OTHER ON 77BOARD OF HEALTH it WORK SHALL NOT PROCEED UNTIL THE INSPEC- P E RMI T W! f TOR HAS APPROVED THE VARIoUUS STAGES OF WORK IS NOT BECOMEULL MONTHS OF VOID IF SDAUCTTE TIHON E CONSTRUCTION. INSPECTIONS INDICATED EP THIS CARD CAN BE PERMIT IS ISSUED AS NOTED ABOVE ARRANGED FOR BY TELEPHONE OR WRITTEN NOTIFICATION. ( BUILDING PERMIT NO.. DATr_ zl,o/?-l4- I / q��. ASSESSORS P:kRCEL NO. 6 3 -07 CONTINUATION OF ROAD BOND The-'urdersigned owner/contractor hereby agree to maintain their road bond inp force until the following work items are completed to the satisfaction of the Engineering Section of the Department of Public works: loam and seed shoulders as soon as weather permits: (/ other (explain) //03 //-7L �L- LOCATION: 'C7ZiJ— Si ";ED. 07 ER CONTRACTOR) (print name ) AIM HORIZAT: N Y 4 el\ Revisions: �\ p DATE DESCRIPTION \ p !u rt pz t 4 � J 00 NOTES ZONING DISTRICT — RF F 7 7 1) PROPERTY LINES SHOWN HEREON WERE COMPILED FROM A SETBACKS FRONT 30' r Locus-! U le J PLAN RECORDED AT THE BARNSTABLE REGISTRY OF DEEDS SIDE 15' " IN LAND COURT PLAN 8516G AND DO NOT REPRESENT AN REAR 15' ` ACTUAL SURVEY ON THE GROUND. FEM A FLOOD ZONE — V17 EL.=14.0' I� SCALE 1"-2083' \ LOCUS MAP References: ASSESSORS MAP 53 LOT 27 LAND COURT PLAN 8516G / TOPOGRAPHICAL PLAN OF LAND / BY KINGSBURY SURVEYING CO. INC. r ` SEPT. 8, 1987. N Project Title: 5 52LA 3 0 1 GOURD \. `, RESIDENCE ASBUILT �O GARAGE T.0.F.=33.44 �1 r 1 HUMMOCK Ln 0 1 \ LAN E ASBUILT FOUNDATION -- T.O.F.=34.46 \ / 1 /61 1 PREPARED FOR: JAMES & ANNE GOULD �17 C� S� 0 A.M. Wilson Associates Inc. 0 911 Fain Street OstwAie/MA 02655 508-428-1450 Drawing Title: I CEF•TIFY THAT THE EXISTING DWELLING COMF -JES WITH THE SETBACK REQUIREMENTS �,� PLOT OF T1-=E TOWN OF BARNSTABLE. y PLAN tt� pr . r i1-1 I+ 7 - • Scale: 1"— 20' 0 20 40 60 FEET Date: 2-7-89 Dwg No: Design: Check: Drawn: J.V.B. Job No: 2.0300.0 Sheet 1 of 1