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UPDATE PERMIT RECORDS : ADD CHANGE DELETE PRINT FEES HELP END
CHANGE RECORDS IN PERMIT TABLE
PENTAMATION----------------------------------------------------------- 12/28/04
PERMIT NO. 77503
PARCEL ID 018 062 17 KEELA ROAD
PERMIT TYPE BREMOD RESIDENTIAL ALT/CONV
DESCRIPTION REMOVE & REPLACE SCREEN PORCH 20 ' X 12 '
STATUS C COMPLETED
APPLICATION DATE 06/25/2004 DATE ISSUED 06/25/2004
EXPIRATION DATE DATE COMPLETED
MASTER PERMIT VARIANCE
VALUATION 15000 . 00 BOND 0 . 00
CONSTRUCTION TYPE 434 GROUP TYPE 1
CONTRACTORS O47693 MC ELHENY, GROVER
ARCHITECTS/
ENGINEERS/OTHERS
ENTER Y IF ALL ARE CORRECT OR N TO REENTER
LEAVE BLANK FOR NON-PROPERTY RELATED PERMIT. CTRL-I FOR HELP.
TOWN OF RARNSTABLE BUILDING PERMIT APPLICATION
Map O 18- Parcel` -- Permit# 75-0 3
Health Division -�1 1 Date Issued
Conservation Division Application Fee
Tax Collector � Permit fee
Treasurer 0 00,
;'aTnv °�`STE�i9 i�iU EE
Planning.Dept. € ;:TA!.LEO IN COMPLIANCE
Date Definitive Plan Approved by Planning Board IWITI;TITLE 5
Historic OKH Preservation/Hyannis TO N i'M REGUU- IONS
Project Street Address t -7 k 71 c.A IF v-I-,>
Village Co 7-" ;
Owner z 2r"cg yk`C.0 Address f o 4 A s H c?.►q Ct> ec of � wt A
Telephone -t 5 -
Permit'Request (°oNs`,n�er Sc2 � _4 120-4�eH r N 7LACE _ ®j- .44:, 77 r-(e,
- 'Lo1� 1 Z •
Square feetclst floor: existin 14 y proposed 7_4 v 2nd floor:existing proposed Total new
Zoning'DistY.Pf241: Flood Plain N o Groundwater Overlay
—t= C
Project ValLUfion rn 15 ,�V. a Construction Type +,4 a Z, +
` L
_Lot Size " 0 Grandfathered: ❑Yes ❑No If yes, attach supporting documentation.
Dwelling Type: Siige Family Two Family ❑ Multi-Family(#units)
Age of Existing Structure &,0 1Zs Historic House: ❑Yes . XNo On Old King's Highway: ❑Yes gNo
Basement Type: ❑Full Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths: 'Full: existing l new Half: existing - new
Number of Bedrooms:. existing 'L new
Total Room Count(not including baths): existing new First Floor Room Count 3
Heat Type and Fuel )&Gas ❑Oil ❑ Electric ❑Other
Central Air: ❑Yes �RNo Fireplaces: Existing - - ' New Existing wood/coal stove: ❑Yes ?N0
Detached garage:06existing ❑new size '�v®9f Pool:❑existing ❑new size Barn:❑existing ❑new size
Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other:
Zoning Board of Appeals Authorization ® Appeal# lua 4 - oll - OnteourMcorded a -
Commercial ❑Yes YNo If yes, site plan review#
Current Use -Proposed'Use
BUILDER INFORMATION
Name Telephone Number
Address q 6 o License# o q l?69 3
h dZro35 Home Improvement Contractor# I d '4,rS
I-1 Rzr-rurei>
Worker's Compensation# '?15`{ 14 r5 - S r s
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO T(cA-, .s re S r7f.-I04
4
SIGNATURE DATE L r S
A
FOR OFFICIAL USE ONLY
r PERMIT NO. -
DATE ISSUED - -
MAP/PARCEL NO.
ADDRESS VILLAGE
I OWNER - -
.h
DATE OF INSPECTION:
FOUNDATION Wires® Ae. Z�q,®�ld *,%"fl -
FRAME
K INSULATION
' FIREPLACE
i
ELECTRICAL: ROUGH FINAL •
• L
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL-
FINAL BUILDING
DATE CLOSED OUT -
ASSOCIATION PLAN NO.
EKE Town of Barnstable
• , ~°Y Regulatory Services.
• -�" Thomas P.Geller,Director
q sees• ,� Building Division
Q°�r�b MPS k Tom P erry,Building Commissioner
• 200 Main Street, Hyannis,MA 02601 .
Fax, 508-790-6230
Office: 508-862-4038 •'
' Pesmit nc•
pate
AP'FIAAYIT
xrolymEaROV MMNT CONTRACTOR LAW
5UPP
LEMENT TO PMRMtT APPLICATION
c,142A requiles that the"reconstruction,alteof an aadd tiontooany p erepair,
exis°ting ozizwr�er ojcc pled ion, .
• •unprovement,removal,demolition,or eonstruchon
b g cootei; g atleast one buetbno Imo tared Contractors,with certain ex ptions,along with other an four dwelling units or to stmetures WWI, STO A nt to
suchresideace,orbuildix►gbe don y 6
requirements.
Type of Work.
'Fe—jrt 0 A-,)i> - i c %I ES&a4ted Cost r-
)5 0 v D
'hddress of Work: ? ,
Owner's Name; �z`—��� •. I
pate of Apphcatian:
I hereby certify that:
• Re-o stration is not requixed for the following reason($): ,
DWork excluded bylaw
[]lob Under 51,000 ,
[]Building not owner-occupied
[]Owner pulling ovrn permit '
Notice is hereby given that:
' O; I4 BULLING THEIR OWN PERMIT Old D VEMENT W OPXD 0 NOT�M
CONiRkcTOR5 FOIL APPLICA LF,HOME Il1�
ACCESS.TO THE AR73TTRATIOH PROGRAM OR GUARANTY P'M UNDER14GL c,142A,
SIGNED UNDERPENALTMS OF PEP URY
Thereby apply for aperrnit as the agept of the owner:
c .
��J
01 t o i[ V-5
u Contractor Name:�=t ItegistrationNo.
Date
OR
The Commonwealth of Massachusetts
_ — Department of Industrial Accidents
• 600 Washington Street
Boston,Mass. 02111
Workers' Co m ensation.'Insurance Affidavit-General Businesses
iii�iaiiiioai�iiooii�a
Ti ;� :r::}•.:<�' >';E;�V.n. tea,•:•-.r,ti.r't•W,,. _ a�'•".:w I
name l J �-� ►M c iG C p�F ^�~ — ,� .
address: 56 ` c-4-,-2 P . +1 F,>
city Vvt S N state. 'n zip: phone
work site location(full address):
❑ I am a sole proprietor and have no one Business Type: ❑Retail❑Restaurant/Bai/Eating Establishment
working in any capacity. ❑Office[] Sales'(mcluding.Real Estate,Autos etc.)
❑I am an ism lover with
m to ee time
❑ Ot%he%r
%%/�%/%%%%%�I am an employer providing workers' compensation for my employees working on this job..
r'
cojdupanV•Iisate. •�i' �=v�, '� �' '�• �•
a� �;;.;. :.:. ..is .,•' ..
8df1ress: (�•. 17�.d'�ir✓�/.: 1, :N i�
cit vim. e tihone.#. _4.
.insiii•arice.co . :1''�, .f.'?1`.'°�`�. ..t� `' ohc:'•#� .5:.`'[` <'���.:�; : .
I am a sole proprietor and have hired the independent contractors listed below who have the following.workers'
.compensation polices:
comnany n ame:
city lifiobe4f
!
�i.e.•'°- .%fit:>',z:.r ,
-
insurance co. -,.::..;:.: •••'•� •.. . •' . .
company n aa�ee:
:3•
„
Cly::.
-p'>lone
:.O.C:.
lI1SllTifI1Ci°CO:
�l
Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or
one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that p.
copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification.
I do hereby certify under the pa' d penalties of perjury that the information provided above is true and correct
Sigpature
Date 4 1,5 IL4
Print name ^4 G E L N F Phone# 5;V ft' — e1 Z c _S 3/�.-�� ` • .. .
a
official use only do not write in this area to be completed by city or town official
city or town: permit license# []Banding Department
❑Licensing Board
❑check if immediate response is required ❑selectmen's Office
❑Health Department
contact person: phone#; ❑Other
(revised Sept 2003)
Town of Barnstable
.,. ~o
Regulatory Services
Thomas F.Geiler,Director
AIFfl 19, Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.b arnstable.ma•us
Fax:' 508-790-6230
Office: 508-862-4038
Property Owner Must
Complete and Sign This Section
if Using ABuilder
0„-rz;" ,as Owner of the subject property
hereby authorize Cr;` y�-�e L t` "�`� to act on my behalf,
' in all matters relative to work authorized by this building permit application for:
(Address of Job)
Sig natur407nle�
Date
r-1 .7-7iSC€ c i
Print Name
^.cnv mQ•nWNFRPERMISSION
The Town of Barnstable
ei�"D LL Department of Health Safety and Environmental Services
:o Mpg' Building Division
367 Main Street,Hyannis,MA 02601
508.8624038
508.790-6230
PLAN REVIEW
Owner: �'! r COv,A J. Map/Parcel:
Project Address: A5 eZ,,6 ka Builder:
The following items were noted on reviewing:
on � /Vwe)r cg
eve'- 5L07AA--'e-
eviewed by: /
ate:.— [ �/ �P�
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• � PL P6O B
110AT4A6E I ISd' ECTd`01� PIA �I LAMD
LOCATED �:A �
17 KEEI,A ROAD
SCALE. lam COTUIT, MASSACHU$ETTS
OCTOBER 1, 1998
JOSEPH BURL WGAti4E 1
« ■.a 75.44 `
LLTr is
,34.691 PARCEL. 5
li9'7 I G R.
a � "
PARM
*17
IT DR!WE
deck a
KFEEL.A ROAD
CERTIFY '
TITLE I�t , F0 ►N, KIRRANE, S TERRY, BANKBOSTON, N.A., AND ITS
'C ANY, THAT WHERE ARE NO VISIBLE ENCROACHMENTS OR EASEMENTS
ISIQN.AS AND .THAT THIS PLAN WAS PREPARED UNDER MY TMKDIATE $UPER~
HE LOCAT' ! THE LLING AS $HOMO HEREON
I S I N CON �.I WITH THE LOCAL APw L I cA$I.E
ONIN6 Bll� IT" SPECT TO HORIZONTAL
IMENSI OAI I NTS. KE . ,
FIE DIOE LL I f ERRb a
MOERE DOES NOT FALL WITHIN
SPECIAL F�, 4 ��,� K Ag AEI.INEAYED ON
MAR OF ICY IZ5iJ6D[�1_0021D DATED `'.,'•_ (rsR�"
/2192 Sv TIC 'E-I.A, a
q s1 ) r! *yy�
s � (.',."b�4,y,,^ Kenneth I\.,L1•i•it a.
9, .L'•ngin(wring,Ia�e:
,- V.
GCNtItA6 RYPI3a (1} @Lwt l�etaPmlLoa, ■ada Mon ara • pra:.SRaY'A2Mi@I& PAW:J(IR992-Jc17®
reaYlt •/ m - a++ the basil PI ■� knarled$a, inFeroatian, and bollef as lAe 110t.046 kapa ask'amr i■spactiea saAm to the normal temndard of care of retistered land
`urveywrs ppft&ki� Iq i4iv aqM■smtfl8. i2} k4laratioss are Made, to the above naaed chant only as of this '
daka t" @ ,q ®1akk:maim li■1 ■■4s.M�r rssaroi■® /erpesos, for Mse in propa,inq deed a'escriplian, or ror eon•.
skrYStLae�s. (ay •�rlfieaNaire ®► /tptPly lLae di■oaeisMa� bolidin sf6sets, f
be lee 1 M aatppAto @■atnsaal s.rref• al. cocas, ar lot eonfiypratian Mar
soRLIR•tl
2d WN-S:CIO M07 9i •t,a5 20L.�;6928LG: 'OH j.lnoDoWaouaaa i. Wod j:
Board jf Buiidicg Resaiafons and Standards
HOME IMPROVEMENT CONTRACTOR .
Registration: 110485
Expiration: 1012012004
Type: individual
&tee L
`EiFN'�Bi i1 3EF.
�, ✓fie Vi oryro�nchx+�seac� o�✓
BOARD OF,BUILDING REGULATION.S
License: CONSTRUCTION.SUPERVISOR
Number GS O47693
Birt Babe 09113/1a958
_ r 3
� ` .• ---..-.. Expires 09/23L2005 Tr.no: 6998:0
i
�� ' Restrl� 1C
STEVEN P MCELHENY r
+i; PO BX 22
C07U1T, N4 02635 Adm.i...
istrator
1
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(L �S�
rinted:04E28 2004P9 12:01:51
BARNSTAOHN F UMEADE�GIS REGISTER DEEDS
Trans#: 162216 Oper:THEO
Book: 18191 page
2842004s®#11359?48a
Ctl#: 12
BARN 17 KEELA ROAD
TRANS AMT
DOC DESCRIPTION ---------
1 BARNSTABLE TOWN OF
NOTICE 10.00
10.00 rec fee 20.00
Surcharge CPA $20.00 g0•00
State Fee $40.00 5.00
Surcharge Tech $5.00 --------
Total fees: 75.00
220 R c 4-28-2004 ® 11.5 .
e 9.4
DOC DESCRIPTION
TRANS AMT
POSTAGE FEE 50
Mail per page fee
J-
MA_s
fug e
v
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal 2004-041- McCourt
Special Permit- Section 4-4.3 Expansion of Nonconforming Building & Structure
Expansion of a Single-Family Dwelling by Enclosing a Deck that is Non-conforming in Setback
Summary: Granted with Conditions
Petitioner: Terence P.McCourt
Property Address: 17 Keela Road,Cotuit,MA
Map/Parcel: Map 018,Parcel 062
Zoning: Residential F Zoning District
Relief Requested & Background:
The subject property is a 0.23-acre developed lot with a two-story, two-bedroom, 1;078 sq.ft., single-
family dwelling built in_1920. The property has a garage of 361 sq.ft., attached to the dwelling by a 20
by 12 foot deck. A second deck measuring 21.7 by 12.5 feet is also located to the front of the dwelling.
That second deck is the area under consideration in this appeal. That deck is located 4.4 feet off of
Keela Road infringing 25.6 feet into the 30-foot.required front yard setback. The applicant seeks to
remove the existing deck and rebuild it as a roofed-over screened porch. The screened porch would be
a one-story addition of approximately 271 sq.ft. The applicant has requested a special permit pursuant
to Section 4-4.3 Nonconforming Buildings or Structures Used as Single and Two-Family Residences
Procedural & Hearing Summary:
This appeal was filed at.the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
January 22, 2004. A public hearing before the Zoning Board of Appeals was duly advertised and notice
sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 17, 2004, at
which time the Board found to grant the appeal. Board Members deciding this appeal were, Richard L.
Nightingale and Chairman Daniel M. Creedon III.
Boy, Randolph Childs,Jeremy Gilmore, Gail
The applicant Terence P. McCourt represented himself at the hearing. He submitted a Memorandum
dated March 17, 2004 in support of the application. Mr. McCourt presented the plans for the addition.
He stated that he had back-tracked the construction of the deck to 1990 by the prior owner,Theodore
W. Nickerson. A letter from Mr. Nickerson to that effect was attached to his memorandum. He stated
the deck is in poor condition and would have to be demolished and reconstructed.
The Board discussed the plans and noted the roof overhang of the deck and the location of the home
and dwelling being 4.4 feet off Keela Road. The Members discussed the legality of the non-conforming
deck structure and noted that it had no building permit. The Members reviewed applicable section of
the ordinance. The applicant discussed suggested condition present to the Board in the staff report
from the Planning Division. He did not want Condition Number 6 that required approval of the Board
for any future expansion of the structure and buildings located on the site. During deliberations on the
conditions, the Board noted that the existing dwelling is mostly situated within the required front yard
etback and that had the structure conformed to setbacks there would be very little room for future as-
of-right expansion.
i
J. Public comment was requested. The Chairman noted that a March 15, 2004 letter in support of the
granting of the permit from Richard D. Nicholson was received and entered into the file. No one
spoke in opposition to the request.
Findings of Fact:
At the hearing of March 17, 2004, the Board unanimously made the following findings of fact:
1. Appeal 2004-41 is that of Terence P. McCourt seeking a Special Permit in accordance with Section
4-4.3(2) Nonconforming Buildings or Structures Used as Single and Two-Family Residences to
allow for the construction of a screened-in-porch on the site of an existing deck. The deck and
proposed screened porch is located 4.4 feet from Keela Road where a 30 foot front yard setback is
required. The property is located as shown on Assessor's Map 018, Parcel 062 addressed'as 17 I
Keela Road, Cotuit,MA in a Residence h Zoning District. I�
2. The property is a 0.23-acre developed lot. It has a two-story, two-bedroom, single-family dwelling I
built in 1920 and having a living area of 1,078 sq.ft., and a garage of 361 sq.ft., attached to the $
dwelling by a 20 by 12 foot deck. A second deck measuring 21.7 feet by 12.5 feet is also located to
the front of the dwelling. That second deck is the area under consideration in this appeal. As it is
located 4.4 feet off of Keela Road infringing 25.6 feet into the 30-foot required front yard setback.
The deck is inline with the existing dwelling that is also 4.4 feet off of Keela Road. The dwelling
dating to 1920 is a pre-existing legal non-conforming structure.
3. This application for an expansion of a non-conforming structure falls.w-ithin a category specifically
accepted in the ordinance for a grant of a Special Permit and after evaluation of all the evidence
presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not
represent a substantial detriment to.the public good or the neighborhood affected.
Decision:
Based on the findings of fact, a motion was duly made and seconded to grant_the special permit subject
to the following conditions: C
1. This special permit is issued for the roofing over and screened enclosure of an existing deck that
will be reconstructed. The deck is located partly within the required front yard setback. The deck
shall be reconstructed and enclosed as per plans submitted that are:
• An engineered site plan showing the location of the existing deck and proposed enclosure,
entitled Plan of Land located at Keela Road Cotuit, Ma. Prepared for Terrence McCourt," dated
December 03, 2003 as drawn by Yankee Survey Consultants and consisting of one sheet.
A building design plan showing the proposed elevation, floor plan,wall section and framing of
the proposed enclosed screened porch, entitled"McCourt Porch Addition" dated 5/10/03 and
consisting of two sheets Al and A2. Except that this plan shall be modified so that the finished
roof overhang shall not extend more than 6-inches beyond the finished exterior wall. The
exterior finished wall shall not be located closer than 4.4 feet to Keeler Road.
2
pf 2. 'This addition is for a screened in porch. It shall be screened in only and shall.not now or in the
{ future be glassed in nor heating installed.
3.� Construction shall comply with all applicable Building Division and Conservation Commission
requirements and shall comply with Board of Health Title 5 requirements without variance.
4. During all stages of construction, all vehicles, equipment, and materials associated with the
construction shall be required to be located on-site and not within 10 feet of neighboring
properties. At no time will any parking, storage or construction materials or items be permitted in
or stored in_ the right-of-way of Keela Road or within 10 feet of the neighboring property except as
needed for landscaping purposes or for utilities, and then only on a temporary basis.
5. All mechanical equipment associated with the dwelling (air conditioners, generators, etc.).shall be ,
located so as to conform to the required setbacks for the district and screened from neighboring
homes and the public right-of-way.
6. The dwelling, garage, screened-in porches, and open deck shall be considered hill build-out for the
lot and the buildings and structure shall not be expanded in area or in footprint nor shall any other
accessory structure be permitted without further,permission from the Zoning Board of Appeals. f
1
7. This decision must be recorded at the registry of deeds and a copy of that recorded document must
be submitted to the Zoning Board of Appeals Office and to the Building Division before any
demolition or building permit is issued. The relief authorized must be executed within one year of
the granting of this permit.
The vote was as follows:
AYE: Randolph Childs, Richard Boy, Jeremy Gilmore, Gail Nightingale, Daniel M. Creedon
NAY: None
Ordered:
Special Permit 2004-37 is granted with conditions. This decision must be recorded at the Registry of
Deeds for it to be in effect. The relief authorized by this decision must be exercised within one year.
Apeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty `
(20) days after the date of the filing of this decision. A copy of that appeal must be filed in the Office
of the Town Clerk.
2H
Daniel M. Creedon III, Chairman Date Signed i
I.Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts, hereby
certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that
no,appeal of the decision has�b en filed ' e Office of the Town Clerk.
Signed and sealed thisAl;0`4 d— _o� unde eap .denalt6es ofperlY 7 ;,Y,,
��
Linda Hutchenrider,Town Clerk
3 r
L.