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Home My WebLink About0026 LITTLE RIVER ROAD N - Coruir DyS� �� .. . . _.. i �� -� '� .' - �., .,� - . . ,. � . b - � 1 �.\ " � �{ y J— a t � 3 �I �I ,� fi YOU WISH TO OPEN A BUSINESS? i For Your Information: Business Certificates COST $3.0.00 for 4 years. A Business..Certificate ONLY (WHICH YOU MUST DO BY. M.G.L.= it'd oes not rve REGISTERS YOUR NAME in the.Town g you permission to o.perate). You must first obtain the necessary signatures on this form at 200 Main Certificate Hyannis: Take the completed form to the Town Clerk's Office, 1" Fl., 367 Main St., Hyannis, MA 02601 own the Business Certificate that is required by- 'law. (T Hall) and get ,t ;' t t'y Fill in please: DATE: . , •;. - i :..,.'_a/t : APPLICANT'S T— t YOUR NAME: �1 G-u ter YOUR HOME v , ula. BUSINESS YOOME ADDRESS: - ...,,:�, �;: S'Gf''-Y2F�G7�f7 ..7'7c � _ 113 �' - s,A-u•�-vc�'�n/�w wig/ �'G� � /LtQ �2G7f TELEPHONE # Telephone Z?F. ZPSf NAME OF NEW BUSINESS �P iO N Sc. Home Tele hone Number: IS THIS A HOME OCCUPATION? � ^'JL TYPE OF BUSINESS e!/,e�1 w YES N0►/ o �., r Q �W Have you been given approval from the building division? YES NO ADDRESS OF BUSINESS (* e Vuzr' Q�n-�t Co 7j. MAP/PARCEL NUMBERL�73_ DO When starting a new business there are several things you must do in order to be in co Barnstable. This form is intended to. assist you in obtaining the information you may need. with the rules and regulations of the Town of Yarmouth Rd. & Main Street).to make .sure you have the appropriate y You_ MUST GO TO 200 Main St. - (corner of town. permits and licenses required to legally operate your business in this 7. BUILDING COMM Sal 'S OFFICE This individuaI has b if o an rmi re nrements that pertain to this type of.business. thorized Sign atu COMMENTS 2. BOARD OF HEALTH This individual has een i re 'of the permit requirements that pertain to this type of business. - � m r�I Authorized Signature** COMMENTS: 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual his.been i.nf �ed �the censing requirements that pertain to this type of business. Authorized Signature** COMMENTS: Al oFTHE r Town of Barnstable 0 Regulatory Services * sAMSTABLE. MAss. g Thomas F. Geiler, Director i639• ♦0 'OrFnnnnrs Building Division Thomas Perry,-CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.ba rnsta ble.ma.usT Office: 508-862-4038 Fax: 508-790-6230 November 10, 2010 II Gilmore Marine PO Box 586 } Cotuit, MA 02635 RE: Road Bond #16061688 for 26 Little River Road Coturt MA To Whom It May Concern: Enclosed please find the original Road Bond which was posted for the above referenced property. This bond is being returned to you because a Certificate of Occupancy has been issued, and the Town of Barnstable has no further interest in any performance bond for this property. It is important that you return this document to the,insurance agency who issued it in order to avoid a renewal and fee. Sincerely, Debi Barrows Administrative Asst. Enclosure . - . . G G G G � G G i G G G December 15th, 2009 fi G Western Surety Company LICENSE AND PERMIT BOND fi G n KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 16061688 G , fi That we, Gillmore Marine of the Town of Cotuit State of Massachusetts as Principal, G and WESTERN SURETY COMPANY, a corporation duly licensed to do surety business in the State of Massachusetts as Surety, are held and firmly bound unto the.. Town of Town of Barnstable State of Massachusetts as Obligee, in the penal SUM of One Hundred .Forty and 00/100 DOLLARS ( $140.00 ) lawful money of the United States, to be paid to the Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,That whereas, the Principal has been licensed 26 Little River Rd. Cotuit, MA. 02635 - 35' Road Frontage by the Obligee. NOW THEREFORE, if the Principal shall faithfully perform .the duties and in all things comply with the laws and ordinances, including all amendments thereto, pertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full _ force and effect until December 15th 2010 unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by First Class U.S. Mail, , to the Obligee and to the Principal at the address last known to the Surety, and at the expiration of thirty-five (35) days f[ot €te marling of said notice„this bond shall ipso facto terminate and the Surety shall thereupon be relieved fror�n�anlra acts or omissions of the Principal subsequent to said date. Regardless of the number of ye 'tfib:opdA shatFtcontinue in force, the number of claims made against this bond, and the number of prer�rr' s which steal b6 payable or paid, the Surety's total limit of liability shall not be cumulative from year to year Q peHo d to period, an`V o no event shall the Surety's total liability for all claims exceed the amount set forth above. A*,6visioZ-qph,e l5dTifamount shall not be cumulative. Ae fr � Dated this 15th day of December 2009 n G Gil-lmore P Marine G e G Principal G G Principal G C 'tersigned (wher req 'red) i T N U R E C O M P A N Y P. fi G I G L By G 9 esiden A ent Paul T. Bruflat, nor Vice President ° G G Form 532-2-2006 G G G G G ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA ss (Corporate Officer) COUNTY OF MINNEHAHA On this 15th day of December 2009 before me,the undersigned officer, personally appeared Paul T.Bruflat who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY, a corporation, and that he as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. IN hereunto ale hereunto set my hand and official seal. r S. PETRIK rs NOTARY PUBLIC e f�SOU s�LTH DAKOTA�B +y5sehew5y5555c,c,ya55se5a� otary Public South Dakota My Commission Expires August 11,2010 "ACKNOWLEDGMENT OF PRINCIPAL (Individual or Partners) STATE OF ss COUNTY OF On this day of before me personally appeared known to me to be the individual _ described in and who executed the foregoing instrument and acknowledged to me that —he— executed the same. My commission expires Notary Public ACKNOWLEDGMENT OF PRINCIPAL STATE OF (Corporate Officer) COUNTY OF ss On this day of before me personally appeared who acknowledged himself/herself to be the of a corporation,and that he/she as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herself as such officer. My commission expires Notary Public Ct� - U c o ul _�. Z a o Q ZOZQ VS (� a m o Q oL w m O U) E cn O W Z y V, C M ) O J (D � O O cc w N a > 0 U) LL Q p Western Surety: Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana,. Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America,does hereby make,constitute and appoint Paul T.Bruflat of Sioux Falls State of South Dakota its regularly elected Senior Vice President as Attorney-in-Fact,with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed,the following bond: One L & P Bond, Signed - 26 Little River Rd. Cotuit, MA 02635 - 35' Road Frontage bond with bond number 16061688 for Gillmore Marine as Principal in the penalty amount not to exceed: $ 14 0.0 0 Western Surety Company further certifies that the following is a true and exact copy,of Section 7 of the by-laws of Western Surety Company duly adopted and now in force,to-wit: Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys-in-Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its 2009 Senior Vice President with the corporate seal affixed this. 15th day of December ' ATTEST WEST 3U�fREET COMPANY By �_Z. L.Nelson,Assistant Secretary Paul T.Bruflat enior Vice President ON i ,, All _ g STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA On this 15th day of December 2009 before me,a Notary Public, personally appeared Paul T.Bruflat and • L. Nelson who, being by me duly sworn,acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to. be the voluntary act and deed of said Corporation. +h55hs5hyyy5ay555yyh5y�,�h+ s D. KRELL sNOTAPUB RY SEAL PUBLIC L SOUTH DAKOTA s +yhyh�iyyhb5h�shh5hhhyyy45+ d Notary Public My Commission Expires November 30,2012 �s Form F1975-9-2006 r�� t"E' ti Town of Barnstable Building Department - 200 Main Street - BARNSTABLE. * Hyannis, MA 02601 9 MASS i639. . (508) 862-4038 Ce'r.tificat9. of Octupancy , Application Number: 200904435 CO Number:- 20100162 Parcel 1D: 053009 CO,.Issue Date: 10128/10 Location: 26 LITTLE RIVER ROAD ' Zoning Classification: RESIDENCE F DISTRICT Proposed Use: COMMERCIALLY ZONED UNDEV LAND Village COTUIT Gen Contractor: MACALLISTER BUILDING Permit,Type: CC00 CERTIFICATE OF OCCUPANCY COMM Comments: elf 0 Building Department Signature Date Signed r� i (HE T �t- TOWN OF B� v STARE Building Application Ref: 200904435VP t P'erm*t BAR1v STABLE, Issue'Date•: 12/23/09 ri A . 9 - 1639. Applicant; CALr 1STER Bl . DI\rG Permit Number: B.'20092487 Proposed Use: %DMMERCIALLY ZOr UNDEV LAND 0 ., Expiration Date: 06/22/10 Location 20. LITTLE RIVER ROAD Zoning District RF Permit,Type: NEW COMMERCIAL l •` Map Parcel .053009 Permit Fee$ 1,365.00 'Contractor MACALLISTER BUILDING Village COTUIT App Fee$ 150.00- License Nunn , Est Construction Cost$ 150,000 Remarks. APPROVED PLANS MUST BE RETAINED ON JOB AND ' CONS A•40'X15'WORK BLD WITH LOADING DOCK&DECK 130X4 VIALY141S CARD MUST BE KEPT POSTED UNTIL FINAL PIER 4X20 RAMP, l OX20 FLOAT,IOX20 FLUPSY FL-CHG CONT 5/21 INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record:.COTUIT OYSTER CO INC BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: LITTLERIVERRD ' INSPECTION HAS BEEN MADE. -COTUIT, MA 02635 Application Entered by: RM Building Permit Issued By''. �rt�/ ('HIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET;ALLY OR SIDEWALK OR•ANY,PART THEREOF•,EITHER-TEMPORARILY Ok.PERMANENTLY FNC•ROACHEMENTS ON PUBLIC,PROPERTY,NOT SPECIFICALLY PERMITTED UNDER,THE BUlLDING;CODE,MUST BE APPROVED BY THE JURISDICTiON. STREET QR`ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BF..OBTAINED FROVLTHE DEPARTMENT OF PUBLIC W,•ORKS.,. THE ISSUANCE OF THISTERMITDOES NOT RELEASE THE APPLICANT FROIv1 THE CONDITIONS OF.ANY APPLICABLE SUBDIVISION RF,STRICTIONS MINIMUM OF FOUR CALL INSPECTIONS REQUIRED,FOR ALL.CONTSTRUCTION WORK: >t I.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED,AT THE THROAT LEVEL BEFORE FIRST FLUE,;(,INRfV I,IA�S;TALLED. 3. \VIRING&PLUMBING INSPECTIONS TO COMPI.,ETEDFRIOR`TO FRAME[NSPECTIO"N if n 'I'RI_0W_TO•C0V.ERING S;TRUCI L RAL KIE,v1Di RS tPEADI PO I,•4'I FI).. r S. NSULATIO I N. ,� -P. r .ryt. ;:.•._�„ .,:•" Z 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. ' .YORK.SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THEVARIOUS STAGES OF CONSTRUCTION. ERVIIT WILL BECOME NTTLL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX-MIONTHS OF DATE THE PER1911T IS ISSUED AS NOTED ABOVE: PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS' y re 2 Id 1 k� Fj/ ��ke�, 2 1 �'` e 2 �9 ell 4) 3 1 Heating Inspection Approvals Engineering Dept 4.r - !�/�C� Fire kept a d xth I P ,�f C4 Rfi 1 f, , Q F Tor, OF BwISTABLE 26 Ali 11t 25 A.M.Wilson Associates Inc. Y,� - y� October 25, 2010 Tom Perry, Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Cotuit Oyster Company, Inc. 26 Little River Road, Cotuit (Our file No. 2.1240.00) Dear Mr. Perry; In accordance with the requirements of Section 240-105(G) of the Town of Barnstable Zoning Ordinance and the 2/10/09 Site Plan Review Approval for Cotuit Oyster Company, I hereby certify that, to the best of my knowledge and belief, work at 26 Little River Road has, with the exceptions noted below, been completed in substantial compliance with plans approved under Site Plan Review#001-09 and with other relevant permits in all material respects. The septic greywater system has received a Certificate of Compliance from the Board of Health signifying compliance with both Variance conditions and design criteria and plans. A Mass Registered Land Surveyor has provided a Certified Foundation Plan to your office confirming compliance with side yard Variances as shown on approved plans and authorized by the Zoning Board of Appeals. Drainage was installed. Grading is substantially as shown on the plans. The pier is complete and is substantially in conformance with all relevant permits. Deviations from plans include: • The scissor lift has not been installed nor is the pad for the lift in place. It is the intent of the owner to operate without the lift for the present. This feature was intended as a convenience for the operator and is not required by any statute or regulation. • The freestanding sign shown on the plans in the southwest site corner has not been .installed. A sign has been installed on the west (street side) building fagade instead. 20 Rascally Rabbit Road 1 Unit 3 508 420-9792 Marstons Mills,MA 02648 FAX 508 420-9795 • The front entrance was provided with stairs rather than a ramp. • There apparently were several minor modifications made to the building interior. The Building Department is aware of these modifications which are, I believe, beyond the scope of Site Plan Review. • Finally, several solar panels were installed on the south face of the roof. The installation was made with the benefit of a grant from MDAR. They do not substantially change the profile of the roof. Permits were obtained from the Building Department prior to installation. Please don't hesitate to call if you have any questions. Respectfully submitted, A. M. WILSON ASSOCIATES, INC. Of Al � - A -t-,L Q 9� �. R�JURT A. . DRAKE m a OVIl Robert A. Drake, PE 9.No.41642 y y cc: Christopher Gargiulo x 2 Town of Barnstable WP�pTNE Tp�� 200 Main Street,Hyannis,Massachusetts 02601 B"9� AK -S& Growth Management Department JoAnne Buntich, Interim Director i°rfp .�A 367 Main Street,Hyannis,Massachusetts 02601 - - Phone(508)862-4785 Fax(508)862-4725 www.town.barnstable.ma.us February 10, 2009 Cotuit Oyster Company, Inc. c/o A. M. Wilson Associates, Inc. 20 Rascally Rabbit Road Marstons Mills, MA 02648 Reference: Site Plan Review# 001709 Cotuit Oyster Company By Order of Remand to ZBA 26 Little River Road, Cotuit,MA Map 053, Parcel 009 Dear Sir: Please be advised that at the f6rmal site plan review meeting of January 22, 2009, the above proposal was found to be administratively approvable to move forward to the Zoning Board of Appeals subject to the following: • Approval is based upon plans entitled;"#26 Little River Road, (Cotuit)Barnstable, MA", 4 Sheets, prepared for Cotuit Oyster Company, dated February 24, 2003 with last revision to Sheet 1 on June 1, 2008 and last revision to Sheets 2-4 on May 23, 2008 in conformance with related Settlement Agreement, prepared by A. M. Wilson Associates Inc., Marstons Mills, MA; plans entitled, " Cotuit Oyster Company 26 Little River Road, Cotuit, MA, Floor Plan, Exterior Elevations, Sections &Details", dated September 2004, revised June 18, 2008, 2 Sheets, by Akro Associates Architects, Hyannis, MA; plan entitled, `'Cotuit Oyster Company, #26 Little River Road, Cotuit, MA Pile Foundation and Framing Plan"dated July 20, 2004,prepared by James C. Schrock, PE, Eastham, MA; and contents of Site Plan Review Application package submitted January 6, 2009. • Applicant must comply with all Board of Health variance conditions and Conservation Commission decision. Including, but not limited to the provision that the Board of Health variance will become void if this commercial shellfish business at the site is abandoned. • Detailed cross section of proposed shell &gravel surfaced parking lot will need to be provided to assure adequate support. • The use of vegetable oil as hydraulic fluid substitute in the onsite mechanical lift, as proposed, in order to reduce contamination in the event of failure is required. • Trash must be contained in an area out of view from abutting properties and taken to the dump at reasonable intervals as proposed. • Applicant must obtain all other applicable permits, licenses and approvals required, including, but not limited to, signage and the granting of relief remanded to the Zoning Board of Appeals. • If plans should change due to the Zoning Board of Appeals decision, the applicant must submit final plans to the Site Plan Review Committee which reflect the decision of the Zoning Board. • Upon completion of all work, a registered engineer or land surveyor shall submit a letter of certification, made upon knowledge and belief in accordance with professional standards that all work has been done in substantial compliance with the approved site plan (Zoning Section 240-104 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. Sincerely, r � Ellen M. Swiniarski, SPR Coordinator CC: Tom Perry,Building Commissioner SPR File ZBA File A.M.Wilson Associates Inc. September 1, 2009 Tom Perry, Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Cotuit Oyster SPR 001-09 26 Little River Road, Cotuit (Our File No. 2.1240.00) Dear Mr. Perry; . In accordance with the requirement of the 2/10/09 Site Plan Approval, attached please find the proposed construction detail for the shell drive and parking area at 26 Little River Road, Cotuit. Please don't hesitate to call if you have any questions. Yours, A. M. WILSON ASSOCIATES, INC. Arlene M. Wilson, PWS ,Principal Environmental Planner cc: Chris Gargiulo, 20 Rascally Rabbit Road Unit 3, Marstons Mills, MA 02648 508 420-9792 FAX 508 420-9795 WIDTH AS SPECIFIED 1'-0" LEVEL IF PROP. 40 LOAM BORROW & SEED PROP. 3" CRUSHED SEASHELLS PROP. 8" COMPACTED GRAVEL TYPE B (MHD SPEC 1.03.0) CRUSHED SEASHELL DRIVE MTS Of AAgs��c ©' ROBEFtT A. G z DRAKE fi UVIL v No.41fr42 O �" Town ®f Barnstable ��► p�� Regulatory Services 'Thomas F. Geiler,Director > sz . " Public Health Division 1639. `®� to 'Thomas McKean, Director 200 Main Street, Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Date: Sewage Permit# 2009-337 Assessor's Map/Parcel 53/9 Installer& Designer Certification Form Designer' A.. M. Wilson Associates, Inc. Installer: Bortolotti Construction, Inc. Address: 20 Rascally Rabbit Rd. , Unit 3 Address: 45 Industry Rd. Marstons Mills Marstons Milis On 10/16/09 Bortolotti Construction was issued apermitto install a (date) (installer) septic system at 26 Little River Road, Cotuit based on a design drawn by (address) A. M. Wilson Associates, Inc. dated 8/12/03 Rev'd through 5/27/08 (designer) x I certify that the septic system referenced above was installed substantially according to the design, which may include minor approved changes such as lateral relocation of the distribution box and/or septic tank. Stripout (if required) was inspected and the soils were found satisfactory. I certify that the septic system referenced above was installed with major changes (i.e. greater than 10' lateral relocation of the SAS or any vertical relocation of any component of the septic system) but in accordance with State & Local Regulations. Plan revision or certified as-built by designer to follow. Stripout (if requir cted and the soils were found satisfactory. �NP\-N OF 444 y' ROBERTA. c YRAKE n b CIVIL `ii (Installer's Signature) No.41641, o F /s T EPA 2 1 (Designer's Signature) (Affix Designer's Stamp Here) ` PLEASE RETURN TO BA.RNSTABLE PUBLIC HEALTH DIVISION. CERTIFICATE OF -COMPLIANCE WILL NOT BE ISSUED UNTIL BOTH THIS FORM AND AS- BUILT CARD ARE RECEIVED BY THE BAItNSTABLE PUBLIC HEALTH DIVISION. TEL4NK YOU. q:\office formsWesignercertification form.doc k EXISTING . ` LEACHING CHAMBER } Q EXISTING PVC VENT PARCEL 9 U' 13,3- EXISTING PUMP 9.38 I 3216 CHAMBER W I V. IN 9.58' +► INV. OUT o 9.77' _ CONS TRU I Nc tIMeER Q/ INV. IN J T�D ON TIMBER PI c --� EXISTING �-- DIST. BOX EXISTING TANK' SYSTEM FIELD CHECK 07-21-10 i AUG-03-2010 15:56 From:BORTOLOTTI CONST 5084289399 To:5084209795 P_1/1 0 . y.7. f6f TOWN OF]URNSTABLE VILLAGE_�� ASSESSOR'S MAP&PARCEL .1NSTALLEiV: NAMR&P11ONF;NO. .� ,�� . Ac SEPTIC TANK CAPACITY®. �,r t � LL+ACTiTNCa FACILITY:(.type).her (size) NO.OF BEDROOMS OWNER0 x,,,^ e PT3it]Vi[T AAfE ��-dG• COM PLIANCE DAM: + Separation Distance Detween the: Mnximum Adjusted Croundwatcr Table to the l3ollom ofLanching Facility � Poet Privato'Water Supply Well and Leaching Facility(If any WC113 exist on site or within 200 foot of lonching facility) Fact Edge of'Wetland and I-caching Facility(if any wetlands oxist within 300'foct of teaching Facility) // Foot FURNISHED By ASSESSORS MAP 53 PARCEL 009 REFERENCE DEED: 3671-269 FEMA ZONE: "A13" (8FE712) "V17" (EL. 15) FIRM"PANEL: 250001 0018 D MAP REVISED: JULY 2, 1992 Q LL A PARCEL 9 - � - ,7,047t S.F. TO MHW w o, 50.0 229't T.0 - vi FkISpN MHW 70.6 CONSTRUCT DECK P/ T LES w OF WETLANDJ� 180# TO MHw I CERTIFY THAT THE STRUCTURE IS SHOWN ON THE PLAN AS IT EXISTS ON THE GROUND. FOUNDATION CERTIFICATION ►►j&A Prepared For 9 4�G15T glcO4C5G o STEPHEN �`�► COTUIT OYSTER CO. INC. J.DOYLE ► In s Cotuit, Massachusetts ►s ��GF ss�o�oc� Scale: 1"=20' Date: May;19, 2010 ►►4'1' S VE'� ° Prepared By. Stephen J. Doyie and Associates 42 Canterbury Lane, East Falmouth MA 02536 Telephone 508 540-2534 sjdsurvey®aoi.com JOB A.M. WILSON ASSOCIATES, INC. SHEET NO. OF 20 Rascally Rabbit Road Unit 3 Marstons Mills, MA 02648 CALCULATED BY DATE 508-420-9792 Fax 508-420-9795 CHECKED BY DATE SCALE ........... .......... ........................... .............. ............... .....................- ....... ................................................... ............. ....................... ................ ............ ................. ....................... .................................. ...................................... ............................. ............ ............................ .............-p.1 ...................... ............. .........rt .............. ............... .............. ...................... ................ ....... ...................- .......... .......... ............. --i........... ....... .............. ........... --...... .......... .............. 1........... ............. -.1......................... .............. .......... ti ............ ................ ........... ..............- ...... .............. ............. .......... ............. .......... ............. ........ ......... ........................ ............ ........... .................. ............ ............... .......... ............. .........................- ............ .......... ............ ................................ ............. .............. ............ ........ ... ........................ .............. .......... ............ ............ ........................ mr=7 ............. ......................- ........... ................- .............. ............. ...... .................... ............. ..................... .....----- PL� ................... r ............ ................. .............. .............. ..................- .....................- Al ......................... 0 ........... ...................... ............. ................... .................... .......................... ................ .............1 ............. ........... ............. .........................- ............. .................... S— .............. ......................... .......................... .................... .. ............. ............ ......................... ..................- ..........- .......................... ................ .................... .......... ............ ............. ....... ........... ................. — ............ ........... .......................... ......................— .............. ...... ...... ............ ............... ............ ............. PRODUCT 204-1(Single Sheets)205-1(Padded) JOB A.M. WILSON ASSOCIATES, INC. SHEET NO. OF 20 Rascally Rabbit Road Unit 3 Marstons Mills, MA 02648 CALCULATED BY DATE 508-420-9792 Fax 508-420-9795 CHECKED BY DATE SCALE --. .. h ri y e r r � ........ sbe - -_ _ ...... .. i_! 111 ... r -------------- .. . . _............. i .. �^" . ..€. l � . . _ e I .. laff i.ee peen �.. : �� .�-tea r . .. j..... ._ 1 , 1 1u,nQ_.v.. .__...........a .._...Sau ..._ ..._.......:....._...._so. ......: C +�L ..rr 5 :. l ... PACOUCT 204-1(Single Sheets)205-1(Padded) ___,_�_ I � l G o�tc Pc E T� �icl 1 Su,�ST,�,UT��y� a ��T�� . �� a .. � .. . t ' A.M.Wilson Associates Inc. N ev October 25, 2010 ' Tom Perry, Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Cotuit Oyster Company, Inc. 26 Little River Road, Cotuit (Our file No. 2.1240.00) Dear Mr. Perry; In accordance with the requirements of Section 240-105(G) of the Town of Barnstable Zoning Ordinance and the 2/10/09 Site Plan Review Approval for Cotuit Oyster Company, I hereby certify that, to the best of my knowledge and belief, work at 26 Little River Road has, with the exceptions noted below, been completed in substantial compliance with plans approved under Site Plan Review#001-09 and with other relevant permits in all material respects. The septic greywater system has received a Certificate of Compliance from the Board of Health signifying compliance with both Variance conditions and design criteria and plans. A Mass Registered Land Surveyor has provided a Certified Foundation Plan to your office confirming compliance with side yard Variances as shown on approved plans and authorized by the Zoning Board of Appeals. Drainage was installed. Grading is substantially as shown on the plans. The pier is complete and is substantially in conformance with all relevant permits. Deviations from plans include: • The scissor lift has not been installed nor is the pad for the lift in place. It is the intent of the owner to operate without the lift for the present. This feature was intended as a convenience for the operator and is not required by any statute or regulation. ' • The freestanding sign shown on the plans in the southwest site corner has not been installed. A sign has been installed on the west (street side) building facade instead. X 20`Rascally Rabbit Road 1 Unit3, 508 420-9792 Marstons Mills, MA 02648 FAX 508 420-9795 • The front entrance was provided with stairs rather than a ramp. • There apparently were several minor modifications made to the building interior. The Building Department is aware of these modifications which are, I believe, beyond the scope of Site Plan Review. • Finally, several solar panels were installed on the south face of the roof. The installation was made with the benefit of a grant from MDAR. They do not substantially change the profile of the roof. Permits were obtained from the Building Department prior to installation. Please don't hesitate to call if you have any questions. Respectfully submitted, A. M. WILSON ASSOCIATES, INC. F AN OF Mgss ROaFMTA. DRAKE o CML Robert A. Drake, PE A No.41642 p , lsTE? `ye .... cc: Christopher Gargiulo 2 Town of Barnstable P,oFtMe 200 Main Street, Hyannis, Massachusetts 02601 T . MASS. ' Growth Management Department 9q, "�: �� g P JoAnne Buntich, Interim Director °t�ep 39- A 367 Main Street, Hyannis, Massachusetts 02601 Phone(508)862-4785 Fax(508)862-4725 www.town.bamstable.ma.us February 10, 2009 Cotuit Oyster Company, Inc. c/o A. M. Wilson Associates, Inc. 20 Rascally Rabbit Road Marstons Mills, MA 02648 Reference: Site Plan Review# 001-09 Cotuit Oyster Company By Order of Remand to ZBA 26 Little River Road, Cotuit,MA Map 053, Parcel 009 Dear Sir: Please be advised that'at the formal site plan review meeting of January 22, 2009, the above proposal was found to be administratively approvable to move forward to the Zoning Board of Appeals subject to the following: • Approval is based upon plans entitled, "#26 Little River Road, (Cotuit) Barnstable, MA", 4 Sheets, prepared for Cotuit Oyster Company, dated February 24, 2003 with last revision to Sheet 1 on June 1, 2008 and last revision to Sheets 2-4 on May 23, 2008 in conformance with related Settlement Agreement, prepared by A. M. Wilson Associates Inc., Marstons Mills, MA; plans entitled, " Cotuit Oyster Company 26 Little River Road, Cotuit, MA, Floor Plan,Exterior Elevations, Sections &Details", dated September 2004, revised June 18, 2008, 2 Sheets, by Akro Associates Architects, Hyannis, MA; plan entitled, "Cotuit oyster Company, #26 Little River Road, Cowit, MA Pile Foundation and Framing Plan"dated July 20, 2004, prepared by James C. Schrock, PE, Eastham, MA; and contents of Site Plan Review Application package submitted January 6, 2009. • Applicant must comply with all Board of Health variance conditions and Conservation Commission decision.` Including, but not limited to the provision that the Board of Health variance will become void if this commercial shellfish business at the site is abandoned. • Detailed cross section of proposed shell & gravel surfaced parking lot will need to be provided to assure adequate support. • The use of vegetable oil as hydraulic fluid substitute in the onsite mechanical lift, as proposed, in order to reduce contamination in the event of failure is required. l • Trash must be contained in an area out of view from abutting properties and taken to the dump at reasonable intervals as proposed. • Applicant must obtain all other applicable permits, licenses and approvals required, including, but not limited to, signage and the granting of relief remanded to the Zoning Board of Appeals. • If plans should change due to the Zoning Board of Appeals decision, the applicant must submit final plans to the Site Plan Review Committee which reflect the decision of the Zoning Board. • Upon completion of all work, a registered engineer or land surveyor shall submit a letter of certification, made upon knowledge and belief in accordance with professional standards that all work has been done in substantial compliance with the approved site plan (Zoning Section 240-104 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. Sincerely, Ellen M. Swiniarski, SPR Coordinator CC: Tom Peny,Building Commissioner SPR File ZBA File A.M.Wilson Associates Inc. September 1, 2009 Tom Perry, Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Cotuit Oyster SPR 001-09 26 Little River Road, Cotuit (Our File No. 2.1240.00) Dear Mr. Perry; In accordance with the requirement of the 2/10/09 Site Plan Approval, attached please find the proposed construction detail for the shell drive and parking area at 26 Little River Road, Cotuit. Please don't hesitate to call if you have any questions. Yours, A. M. WILSON ASSOCIATES, INC. Arlene M. Wilson, PWS Principal Environmental Planner cc: Chris Gargiulo 20 Rascally Rabbit Road Unit 3 508 420-9792 Marstons Mills, MA 02648 FAX 508 420-9795 WIDTH AS SPECIRED �-�-1'-0' LEVEL PROP. 4' LOAM BORROW, do SEED PROP. 3" CRUSHED SEASHELLS PROP. S` COMPACTED GRAVEL TYPE B (MHD SPEC 1.03.0) CRUSHED SEASHELL DRIVE NTS Of ftAgs��c © RosERT A. z DRAKE C4�IL � v No.41642 0 S �Q � Town of Barnstable Regulatory Services 'Thomas F. Geiler,Director B" MASS. Public health Division Ar�p rn 'Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Date: Sewage Permit# 2009-337 Assessor's Map/Parcel 53/9 Installer & Designer Certification Form Designer: A., M. Wilson Associates, Inc. Installer: Bortolotti Construction, Inc. Address: 20 Rascally Rabbit Rd. , Unit 3 Address: 45 Industry Rd. Marstons Mills Marstons Mills On 10/16/09 Borto.lotti Construction was issued a permit to install a (date) (installer) septic system at 26 Little River Road, Cotuit based on a design drawn by (address) A. M. Wilson Associates, Inc. . dated 8/12/03 Rev'd through 5/27/08 (designer) x I certify that the septic system referenced above was installed substantially according to the design, which may include minor approved changes such as lateral relocation of the distribution box and/or septic tank. Stripout (if required) was inspected and the soils were found satisfactory. I certify that the septic system referenced above was installed with major changes (i.e. greater than 10' lateral relocation of the SAS or any vertical relocation of any component of the septic system) but in accordance with State & Local Regulations. Plan revision or certified as-built by designer to follow. Stripout (if requir cted and the soils were found satisfactory. �(N 0f 444, ROB.ERT& C� OCRAKE v> CIVILr"+ (Installer's Signature) , No.41642VAL o 1 (Designer's Signature) (Affix Designer's Stamp Here) PLEASE RETURN TO DARNSTADLE PUBLIC HEALTH DIVISION. CERTIFICATE OF COMPLUNCE WILL NOT DE ISSUED UNTIL BOTH THIS FORM AND AS- BUILT CARD ARE RECEIVED BY THE DA.RNSTADLE PUBLIC HEALTH DIVISION. THANK YOU. q:\office formsWesignercertification form.doc EXISTING LEACHING CHAMBER cJ . EXISTING O PVC VENT I PARCEL 9 0 � 13,3- EXISTING PUMP 9.38 I 1� 32'6=� CHAMBER W INV. IN ��-- 9.58' ---- Q cvsTIN INV. OUT o 9.77' CONSTRUCTSD rMBER DECK O INV. IN u, \ N TIMBER P! 0 W 21 ~� ---� EXISTING f-- DIST. BOX EXISTING TANK SYSTEM FIELD CHECK 07-21 -10 AUG-03-2010 15:56 From:BORTOLOTTI CONST 5084289399 To:5064209795 P_1/1 O J► .7 rr �, Yl r I f6' I • vase TOWW Or IURNsTABL.E LOCATION SEWAGE# YI:1,�.AG,r_ � ASSESSOR'S MAP. &PARCEL � TNSTALlLBR'S NAW&PHONI;No. -�{�d,�° y�� fir•'k9;.7C SEPTIC TANK CAPACITY Z7bw C,,L LEACrIiNO FACILITY:(type) ,! ,Crl __C�1 (size) NO.OF I3EDR0C)MS OWN1 R G0&d0C__ e X C� PERMIT DATE: 62.16•g 4? COM PL IANCE DATE: Sopuration Distance'Dotwoen tha: Maximum Adjusted Croundwater Table to the 13otiom ofLanchina Facility °� plot Private Water Supply Well and Leaching Faoility(if any wclls oxist on site or Within 200 foul of loaching facility) Feet Edge of'Wetland and Leaching Facility(If any wetlands oxisf within 300•foct of leaching facility) Foot FURNISHE138v 47. S° 03 ASSESSORS MAP 53 PARCEL 009 REFERENCE DEED: 3671-269 FEMA ZONE: "A13" (BFE-12) "V17" (EL. 15) FIRM PANEL: 250001 0018 D 0 Q MAP REVISED: JULY 2, 1992 O/�// LI— A N PARCEL 9 � N7.047f S.F. TO MHWEXIS W o 50.0 �2g�t TO 70.6 CONS1RU�NC nONE7 a P1lES MHW o OF 1 e0't TO MHK, G I CERTIFY THAT THE STRUCTURE IS SHOWN ON THE PLAN AS IT EXISTS ON THE GROUND. FOUNDATION CERTIFICATION H OF MFSS Prepared For pe a4c TEPHEN EgF4°y�N P COTUIT OYSTER CO. INC. �o STEP `?P . J. " ► In " COtuit, Massachusetts s �a l�OF SS�O�°Q, A nn'N s vE+ Scale: 1"=20' Date: May 19. 2010 Prepared By. Stephen J. Doyle and Associates 42 Canterbury Lane, East Falmouth MA 02536 Telephone 508 540-2534 eldsurvey®aol.com JOB A.M. WILSON ASSOCIATES, INC. of SHEET NO. 20 Rascally Rabbit.Road Unit 3 Marstons Mills, MA 02,648 CALCULATED BY DATE 508-420-9792 Fax 508-420.9795 CHECKED EY DATE SCALE x .. .............. .... .. a V i.. - .. .. .4.yiv'an,t .. ............ , M Ms '.cCS...... .. �. C c- ....... <...... : d.:t. .... s....,..... �a . _ ....... ... . .. �......., ... ... .. t F 2h .... i ...... ..... ..... ...... ...... ......... ...._ ..... i ..... ..... ...... ..... .... ... ...... .... ..... ...... ....... i '- i arkrrs, ... ..... ............................ .. .... Y — ..:'�. a�. q .. ... .:..... ...:.............s . ...... ... .. ............. .... ... ...., r EC , t .... .. .... .. .. .... .. .. j ti 3 �i W ..... — .rz^—� ..............:......._.................a.............:..............: .......................:.............:.. ...........>......._.... ..... i JOB A.M. WILSON ASSOCIATES, INC. - n SHEET NO. OF G 20 Rascal'y Rabbit Rozdl Unit 3 Marstons Mills, MA 02648 CALCULATED BY DATE 508-420-9792 Fax 508-420-9795 CHECKED BY DATE SCALE ............... ... .<.. .............. ... d .... a .. ............................. .... . { r: he�.... .... ' V( .. ......... ........ .. :..........s Y. 1XIV k 9 e � ;Sr =ri �zf ',•'�° f '� 3 s yes,:,P-'r C #r ........................... _,. ....... _ a* 4 ......................:. f.......................... ... .......... .. ..... n ..... s ............ .. r F _ L i I S s. a . ..� ...... s..........<.. .....�....... ..............y......... ......:........................ ... ..... 1' ....C.. ... 1.. t...�,4.... .............. ... ..�=.�-ara. _ . � 'C� ........... S r. ... ............ ...y,�,Q.. ..(�... � .... Sc .c : ... o- .o.....-..... ...� � .......... ..._.:...... ....._.............. . ... ..- .. ........ .... .. ..... ..... :ems ..... a _ �:I a." ............:..........:. .............:............_ ............ aw �.� . s : ....................................................................... _ i °FtNErti Town of Barnstable Re gulatory BABNSTABL6. ulat ' � o Services MASS. g t6S9 ,er MA Building Division prFD 'S a, 200 Main Street, Hyannis,MA 02601 . Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection N Location 26 G/7lGE I UP �s � ,��'Permit Number 2®�� J'S Owner Builder One notice to remain on job site, one notice on file in Building Department. r' The following items need correcting: y r 0 3.? Please call: 508-862-4 W for re-inspection: Inspected by Date (OTUIT SOLAR P.D. Box 89 a Cotuit, MA 02635 508-428-3442 ® Fax 508-428-8441 m ttV ,f�JV.Co i �CSt)��r.Co�?1 November 20,2014 Towm of Barnstable Regulatory.Services .. Building Division { 61 as Principal of Cotuit Solar officially request to change the Construction Supervisor's License from Christopher Petersonl q Vreeland.#107947 on all Cotuit Solar projects.,This change applies to 02975.to John building permits in the Town of Barnstable: the following open solar 250 Windswept ZVay psterviIle 77 Winter St Hyannis 26.Little River Rd Cotuit. 170 Capes Trail West Barnstable SS Hilliard's Hay Way West Barnstable 51 Q ueen Anne.Lane Cotuit 32 KimberIy Way Cotuit 340 Vineyard Rd Cot uit Q Please see attached CSL and,supplennen y MC license for John Vreeland. Pie e contact the COtWt Solar office With questions or for more information. Regards, Conrad Geyser, Quaflity renewable ener&y syst*e s: �„„, ,d•. e§gn Installation Ser"icCert#0314Q9-4o Photuvolt 6Pr Thermal Geyser Whid , ale ,? Cett#sTo324o7-B Conrad Geyser b ` _._..... BARN _ FMAM �' 1I ♦nl.�• I.F f'^�. 1AAy IT C. T ?7 r�4 <I: 27 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2003-110-Cotuit Oyster Co. Modification Permit-Section 2-4.3(B)-Exempt Uses pmary: Denied tictner: . .ComirOyner-Co.;lfie.... prpperty Address: 26 Little River Road,Cotuit,MA or's Map/Parcel: Map 53,Parcel 9 `.Zoning: Residential F Zoning District : '$ackground: The property at issue in Appeal 2004-75 is a vacant 0.16-acre lot located off Little River Road on Cotuit Bay. According to the Assessor's card,the lot adjoins Map 053,Parcel 008(28 Little River Road). That neighboring parcel is the former location of the Cotuit Oyster Co.,Inc.,upon which a building and dock remain. The neighboring lot has been idle since the expiration of the lease associated with the parcel. - The applicant is seeking to locate the Cotuit Oyster Co.,Inc.on the subject lot and to improve the lot with the construction,of a 40 foot by 15 foot work building.with a 15 by 15+1-foot outside deck; and a 5 foot wide by 184 foot long sloping pier with a 15 foot by 4 foot wide ramp and two 10 by 20 foot floats. Other improvements.include an on-site 1,500-gallon septic system with leaching chambers,a shell parking area of 25 by 67 feet,and a shell work area measuring approximately 18 feet by 40 feet The fi= proposed parking area is to accommodate 3 vehicles and an area devoted to a delivery truck. An 80-foot - long retaining'wall is proposed on the northerly side of the property. With respect to other permits required, the Conservation Commission issued an Order of Conditions on I June 23,2003. That Order of Conditions has been appealed. An application has been made to the Health Division for two Variances from Title 5 and one Variance to locate the septic system within the area of 'I the Coastal Bank The Board of Health subsequently issued those Variances to the proposed development ~: Relief Requested: The applicant has.requested four forms of alternative relief from the Zoning Board. 1.,,,:` , • Appeal 2003-94 seeks two Variances. One is from Section 3-1.4(5)Bulk Regulations Minimum ` Set Back Requirements to permit the construction of a pile-supported work building 3 feet from xi the north sideline and the construction of a pier 7 feet from.the north side-line where 15 foot setbacks are required. The second Variance is from Section 4-2.9 Off-Site Parking for a reduction in required on-site parking to three vehicles. • Appeal 2003-110 seeks a Modification Permit as provided for under Exempt Uses-Section 2- 4.3(B) of the Ordinances. Modification Permits allow for the Board to modify certain specified _ regulations when a proposed exempt use cannot comply with those regulations. Specifically,the d* applicant is seeking a modification of the required 15-foot side yard setback area and for a reduction in required on-site parking. Modification permits are procedurally processed as a v, Special Permit,however,only a simple majority is needed for the granting of the modification ` permit _:.. • Appeal 2003-137 seeks Variances to certain provisions related to aquaculture as an Exempt Use. Section 2-4.4 imposes certain restrictions on aquaculture use of land that is less than 5 acres. The applicant has requested Variances to two of those requirements. First,they seek to permit employment of up to 5 persons when no employees are permitted in the Ordinance and secondly, they seek to build and Iocate buildings and structures 3 feet and 16 feet off the property line when the minimum setback requirements for Exempt Uses is 25 feet. • Appeal 2004-75.seeks Special Permits to locate,expand and alter the shellfish harvesting business including the construction of a work building and pier. Those permits were sought in accordance with Section 44.4(2)Expansion of a Pre-existing Nonconforming Building or Structure, Section 4-4.5(2)Expansion of a Pre-Existing No Use, and Section 4- 4.6(1)Re-Establishment of Damaged or Destroyed Nonconforming Use or Building or Structure. s decision is that of Appeal 2003-110 for Modification Permit—Section 2-4.3(B)—Exempt Uses. ;Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office.of the Zoning Board of Appeals on July.22,2003...A-publichearing-before-the Zoning-Board of Appeals wasduly advertised and--notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 20, 2003, continued to October 08, 2003,.December 03,2003,January 21,2004,April 14,2004,April 28,2004, June 9,2004,and to July 21,2004, September 15, 2004,September 22,2004, and to October 13,,2004. An extension of time for rendering and filing of the decision was executed between the applicant and 1 Board. At the October 13 conclusion of the hearing,a Motion was made to grant the appeal;however, the Motion did not carry and the Appeal was not granted. Board Members deciding this appeal were; Sheila Geiler,Jeremy Gilmore, Gail Nightingale,Ralph Copeland and Acting Chairman,Ron S. Jansson Attorney Edward Garguilo represented the applicant before the Board. At the hearing of June 09,2004, he presented the site plans dated March 31, 2004 for improvements to the subject lot and noted that the Site Plan Review Committee had found the plans approvable. He stated that the site plans had been before the Conservation Commission and the Board of Health and that an Order of Conditions was issued and a Variance for the on-site septic system was'approved. Mr. Garguilo submitted a memorandum' support of the appeals and a number of letters of support for the granting of relief for the proposal. Mr. Garguilo also submitted a copy of a May 26, 2004 letter from Scott J.Soares,AquacuIture Coordinator,Massachusetts Department of Food and Agriculture. Mr. Garguilo claimed that aquaculture is the same as agriculture and the proposed use is an exempt use under MGL Chapter 40A, Section 3, With reference to the non conformity in use of the property,Mr. Garguilo presented the history of the use asserting that the subject lot-26 Little River Road(Parcel 9) -has been used historically in combination with the adjoining lots-22 Little River Road(Parcel 10) and 28 Little River Road(Parcel 8). He summarized that all three of the lots were intertwined in that all were used for the oyster business. ` W. Garguilo stated that the appeals before the Board seek to move the oyster business,specifically its '. building and pier,some 30 feet onto the neighboring lot. The owner's of Cotuit Oyster Co., the Nelsons, would operate much of the business. When questioned if the business was expanding,Mr. Garguilo y responded that they are not expanding but rather altering the business in that it is moving 30 feet south. Thus,the use will remain the same. It was cited that the building would be used for the sorting and culling of oysters and clams; and would be equipped with a walk-in refiigerator, an office, a restroom and an equipment storage room. It was described as a `support building' essential to the operation of the oyster business. The Board and applicant discussed the retail sales from the site and it was noted that retail sales had been on-going at the site in that people would walk-in and buy a bucket of oysters -akin to a farm stand. Y Mr.Richard Nelson,president of the Cotuit Oyster,Co.spoke stating that he has operated the business since 1973. He stated the original lease had stipulated that he must be out of the building during the -:summer. Therefore, during the summer,the oyster business was conducted on 26 Little River Road and in the winter,he would move the business back to 28 Little River Road. He stated that he purchased the 2 I Little River'Road property in 1983 as the parcel was always an integral part of the operations,having used for outdoor culling,sorting,overhauling of gear and boats, and the painting and maintenance of ats. dings of Fact: ' y the hearing of October 13,2004, a motion was duly made and seconded to find the following findings of fact with respect to Appeal 2003-110 for a Modification Permit in accordance with Section 24.3(B)- empt Uses- 1. Aquaculture is not agriculture as the land area is underwater. 2. Although certain provisions of Section 2-4(4)of the Town of Barnstable Zoning Ordinance specifically lists aquaculture as an Exempt Use, Chapter 40A Section 3 of the Massachusetts a- General Laws does not include aquaculture. Therefore the provisions of Section 2-4(3) of the Barnstable-Zoning.Ordinance that provides.for.a modification.permit do not apply to aquaculture. =The vote was as follows: AYE: Ralph Copeland,Jeremy Gilmore,Sheila Geiler,Ron S. Jansson, Gail Nightingale 41 NAY: None Decision: Based upon the findings a motion was'duly made and seconded to deny the Modification Permit requested in Appeal 2003-110. r The vote was as follows: AYE: Ralph Copeland,Jeremy Gilmore,Sheila Geiler,Ron S. Jansson, Gail Nightingale. Y NAY: None Ordered: . Appeal 2003-110 is denied. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision. A copy of which s =:- must be filed in the office of the Town Clerk. Ron S Jansson,' cting Chairman _ Date Signed 1,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. t Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider;'Town Clerk 3 t TOWN OF B - ARNSTABLEr REGULATORY SERVICES Ro8[KrMMKKSU BUILDING DIVISION aOA STOPWORK THIS STRUCTURE AND/OR PREMISES HAS BEEN INSPECTED AND THE FOLLOWING NJOLMONS OFTHE BUILDING CODEAIND/OR ZONING ORDINANCE HAVE BEEN FOUND: 2) oil TILkT HE�BYNOTIFIED Y UNQR ,� pU r�RE VVOIW SfIALL B>; Aap�'E . pIT1Oi�AL NTILT IF Np�1D HESE PREi1I1SES�URRFGTFA.riU Via. UPON T TIONS ARE ,OT cE dIOI,A NISN F�.. ,1ION,I1 L-LBF,� �por PERSON R HO�ZrVT10 H},r (1 ?` t I2rkUSS P12OPE, OIL NQTLE� RFp OA ,I}�F� NOF�H C �t �wti Town ,of Barnstable Building Department - 200 Main Street * iARNSTABLE. * - Hyannis, MA 02601 9 MASS a6gq. (508) 862-4038 , certif icate Of Occupancy . Temppr7ry Application 200904435 CO Number: 20100123 Parcel ID: 053009 CO Issue Date: 08106/10, Location: 26 LITTLE RIVER ROAD Zoning Classification: RESIDENCE'F DISTRICT Owner: COTUIT OYSTER CO INC. Proposed Use: COMMERCIALLY ZONED UNDEV LAND LITTLE RIVER RD COTUIT, MA 02635 Village: "COTUIT Gen Contractor: ` MACALLISTER BUILDING Permit Type: CTCO' COMM TEMPORARY CO Comments: TEMP C.O. ONLY NEEDS RAILING AND AND PANELS ° 10/06/10 Building Department Signature Date Signed xpiration Date - TOWN OF BARNSTABLEBuildingApplication Ref: 200904435 EA STABLE, Issue Date: 12/23/09 Permit M y MASS. $ ' �A 1639. Applicant: CALLISTER Bi �DI\TG rFD MA'i A Permit Number: B 20092487 Proposed Use: ')MMERCIALLY ZOi—)UNDEV LAND -c: Expiration Date: 06/22/10` Location 26 LITTLE RIVER ROAD Zoning District RF Permit Type: NEW COMMERCIAL Map Parcel 053009 Permit Fee$ 1,365.00 Contractor MACALLISTER BUILDING Village COTUIT App_Fee$. 150.00 License Num Est Construction Cost$ 150,000 �Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND I CONS A 40'X15'WORK BLD WITH LOADING DOCK&DECK 130X4 WALjWIS CARD MUST BE KEPT POSTED UNTIL FINAL -&PIER 4X20 RAMP, 1 OX20 FLOAT,I.OX2_0 FLUPSY FL-CHG C_ONT 5/2I1 INSPECTION HAS BEEN MADE: WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: COTUIT OYSTER CO INC BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: LITTLE RIVER RD COTUIT, MA 02635 INSPECTION HAS BEEN MADE. Application Entered by: RM Building Permit Issued By: • `�� THIS:PERMITCONVEYS NO RIGHT TO OCCUPY ANY.STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEIvIPORAR[L'Y OR PERMANENTLY..ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDINGCODE MUST BE APPROVED BY THE JURISDI .TIOM STRE;T OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS: THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANTTROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS-, MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: I:FOUNDATION OR FOOTINGS. Z.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&.PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME`INSPECTION. 1.PRIOR.TO COVERING STRUCTURAL MEMBERS(READY TO LATH). i.INSULATION. i.FINAL iGECTION BEFORE OCCUPANCY. ddHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOIDIFCONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF HATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS I Dcr fc ?rer /Paq�° 1 //I� �.� 3/iy,0 aN2 � 4mrl s��,CitJA/ 2 dFIC1GC �ifeeC, 2 I eA r 2 GIST & ° �' 4 3,S'�j� 4c�k 1' Heating Inspection Approvals Engineering Dept T cv - ' 1:71 //F/i�/re ept � - 2 pa d h' j .. -:.. :. ..'.:,ji'.'i .. ` -._ ...ya.,.} Y~ '.Z rn aw.."iE r i. .?'y'1•.4!-.... ,. —.. - - - ♦ a� YV' ' -y� TOWN OF,BARNSTABLE BUILDING PERMIT APPLICATION of Map Parcel m 'Application`# Health Division' 2�®� �37 `` 6�� Date Issued. 7i f� Conservation Division ( S�3 -`l - ApplicatioFee S Tax Collector Permit Fee!` - LTLfQ , Treasurer # ' Planning Dept. F` Date Definitive Plan Approved by Planning Board - y_ Historic-OKH Preservation/Hyannis 4W(lop f_ Project Street Address �l . Village Owner ® : , C6 Address Telephone Permit Request / l AD be4l<% [✓0 - l 6 .0 RZVr . 16 XZO �� -7 Square feet: 1 st floor:existing proposed — 2nd floor:existing - proposed i Total new . a C) Zoning District Flood Plain Groundwater Overlay Project Valuation 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.) 0- 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 J<O Fireplaces: Existing New Existing wood/coal stove: ❑Yes J No Detached garage:❑existing ❑new size�ool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new sizekdhed:❑existing ❑new size Other: Zoning Board of Appeals Authorization d Appeal#z%6--5,' Recorded ®� Commercial V(Yes ❑No If yes,site plan review# _ �F Current Use ,,,�� d � //� G� Proposed Use BUILDER INFORMATION Name ` - 7 Telephone Number. Address � r_ �� License# ` Mj0" ez' �6 Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE . � . . . / . FOR1 EF CI E'SEA NLYY . \ &PP CAT ON»# 2 ATESSUEOD . MAR»PARCEENOO ADDRESS ' ' - ' VLF OEE ~ . . . ' � , ! ƒ OANERR / DA TEQEmSP I N: \ FOUNDAmO\N yofI■fI F§A»E[ �I ► �� _ � � � o■ ! A �� c�� . . INSULAT ORN-8/a A & Arc■ . . \ FIREREACEE ' d EL CTRCAL L ROUGRH , F NALAL ^: PLUMBI GS: ROUGHH FNAM .ƒ . . GAS3: ROUGHH FNALL 2 FNAbBUID|NGC �( ! DATE'CLOSED UTY . . ` i ASSOCITION.PEAN.NO2 \ _ rr r Town of Barnstable . Regulatory Serices Ass Thomas F. Geiler, Director Pr16 � Baflding Division Thomas Perry, CBO,Building Coxnxnissioner 200 Main Street, Hyannis,MA 02601 www.town.b anT.sta b le.Ma.us Officer 508-862-_4038 Fax: 508-790-6230 PLA RE VIE W Owner: 5�tz&"- Map/Parcel:. D.53 0.01 - 1 �� Project Address 24 L�A�EhOew-/��. Builder: 6IGW-OX,,r The following items were noted on reviewing: a 7ao 0-94-;� l Z o Z 6-C 4,U CG G �G ?-�!G �rc / E{a Cj 3 c 'D wig-. t/FT �-- rc*e, , �wtczd rRs. Aut;T of Reviewed by: Date: L43 Q:FD=:Plnrvw J The Commonwealth of Massachusetts Department of Industrial Accidents a ^ Office of Investigations . ' d 600 Washington Street Boston,MA 02111• my w.mass.gov/dia ' Workers'Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information �f .Please Print Legibly Name(Business/Orgauization&dividual): ' •Address: city/State/Zip: Phone.#: '� Are you an employer? Check the appropriate box: :Type of project(required):. 1-4 I am a employer with 6�2 4. ❑ I am a general contractor and I 6. ISNew construction . employees(full and/or part-time)* • have hired the sub-contractors listed on the•attached sheet. 7. ❑Remodeling 2.❑ I am a sole proprietor or partner- These sub-contractors have ship and have no employees 8. ❑Demolition •working for me in any capacity. employees and have workers' 9 ❑Building addition • comp.insurance.$ [No workers comp.insurance 10.0 Electrical repairs or additions required-] 5. ❑ We are a corporation and its re 3.❑ I qu a homeowner doing all work . officers have exercised their 11.❑Plumbing repairs or additions. am ' myself.[No workers co � right of exemption per MGL 12.❑Roof repairs f 4 insurance.required]t c. 152, §1(4),and we have no 13.❑ Other ! employees. [No workers' - comp,insurance required.] T*Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy infomnation. t Homeowners.who submit this affidavit indicating they are doing all work and then hire outside contractors must submit anew affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the subcontractors and state whether ornot those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.pohdy number. I am an employer that is providing workers'compensation insurance for my employees. Below is.the policy and job site information. �/��,� _ ,�t,� • Insurance Company Name: Policy#or Self-ins.Lic.#: � '� �` A/� xPuation 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 a.fine 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 cer under the s nd p n s of perjury that the information provided above is tr a an correct Si tore: Date: — Phone#: Official use only. Do not write in this area, tb be completed by.city or town off ciaG 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#: . Town*of Barnstable P °* Regulatory Services BAMSTASM Thomas F. Geiler,Director MASS 9`b s639 �'� Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-403 8 Fax: 508=790-6230 Property Owner Must Complete and Sign This Section If Using A Builder did I � ,as Owner of the subject property hereby authorize ALto act on my behalf, in all matters relative to work authorized by this building p ertnit application for: G L�� 2t°per GAJ (Addtess of job) 6P-ignature of Owner Date R Print Name a Q:FORMS:OWNERPERMIIS SIGN J -Vi l M '09 JUL 22 P 5 :09 16 Town of Barnstable Zoning Board of Appeals Decision and Notice Cotuit Oyster Co. , Special Permit No.`No. 2009-031 Section 240-57 Circumstances Warranting Reduction of Requirements Reduction of On-Site Parking e Summary: Granted with Conditions Applicant: Cotuit Oyster Co. Inc. Property Address: 26 Little River Road, Cotuit, MA Assessor's Map/Parcel: Map 053, Parcel 009 Zoning: Residence F Zoning District Recording Information: Deed— Book 3671, Page 269 Background: The subject property in this appeal is 26 Little River Road, Cotuit, MA. The 0.16-acre lot is located on Cotuit Bay and is used for the landside operations of Cotuit Oyster Co., Inc. In Special Permit No. 2004-075 the Board authorized the alteration and expansion of the nonconforming use of the lot for the landside activities of propagation and harvesting of shellfish. In granting.that expansion, the Board authorized the construction of facilities to support the operations including a work building, platform and a dock. That added development necessitated on-site parking. Appeal No 2009-031 seeks a special permit pursuant to Section 240-57 to reduce the required on site parking from 5 vehicles to three parked vehicles on-site from October 1' through the last day of February of each year and four parked vehicles on-site from March 15t through September 30`h of each year. S Procedural & Hearing Summary: This appeal was filed at the Town Clerk's office and at the office of the Zoning Board.of Appeals on March 27, 2009. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. That hearing opened May 6, 2009 and continued to June 10, 2009 and to July 8, 2009 at which time the Board found to grant Appeal 2009-031 for a reduction in parking subject to conditions herein. The Board Members hearing this appeal were James F. McGillen, William H. Newton, Craig G. Larson, Brian Florence, and 'Board Chair, Laura F. Shufelt. During the hearing of this appeal, Attorney Marielise A. Kelly represented the Cotuit Oyster Company. Also assisting in the presentations was the environmental consultant, Ms Arlene M. Wilson, Principal _ Town of Barnstable-Zoning Board of Appeals-Decision and Notice Special Permit No. 2009-031-Reduction in Parking-Cotuit Oyster Co., Inc., CS Environmental Planner of A. M. Wilson Associates. Mr. Christopher Gargiulo, president of the Cotuit Oyster Company was also present. At the opening hearing, AttorneyKell submitted a series of exhibits Y ibits to document the use of the property and support the expansion and alteration of the nonconforming use. She addressed the circumstances that justify the granting of a special permit to reduce parking as required in Section 240- 57 of the ordinance citing the seasonal nature of the use of the site which invalidates the'normal methods of calculating parking. She also noted that off-site parking exists at the Town Landing situated just south of the property that does r J p p rty provide a limited .number of;public parking spaces. The Board commented that they preferred that public parking area not be used during the summer months as public waterfront parking is limited. The area at the end of Little River Road includes a public boat landing also and the public park is being provided for those boaters and other public users of Cotuit Bay. This appeal was continued to June 10th and July 8"', 2009. More information and details on the proceeding and those testifying at the hearing can be found in the minutes of the Board for May 6"',June 10t' and July 8th, 2009. Findings of Fact: At the hearing of.july 8, 2009 the Board unanimously made the following findings of fact: 1. Cotuit Oyster Company has made applications to the Board seeking to use and make improvements to 26 Little River Road in Cotuit, MA for the landside operations of a shellfish business. The subject property is shown on Assessor's Map 053 as parcel 009. It is in a Residential F Zoning District that permits only single-family use. 2. The subject property is approximately 6,580 sq'.ft., in area. It fronts 35-feet on Little River Road and borders on Cotuit Bay. The lot ranges in elevation from 0.8 feet to 1.8 feet based on N.G.V.D. Part of the lot is in a FEMA designated Velocity Zone, part in within a designated 100-year Flood Zone A13, and part is in a B Zone. The lot is partly graveled for parking and storage and is fenced from the abutting lots. An aging box truck and miscellaneous equipment and materials related to the shellfishing operation sit on.the lot. A temporary floating dock is anchored just off the lot. 3. The use of the lot is for lands ide"activities of the Cotuit Oyster Company relating to the propagation and harvesting of shellfish from the'waters•of Cotuit Bay. Propagation includes the use of'flupsy' suspended in the water to nurture seeded shellfish to be set in the 327acres of off-shore shellfish beds that the Company has grants for. The landside•activities include the receiving of the shellfish, and the sorting, washing and packaging of shellfish for shipping. Some shellfish are also sold retail from the site. 4. The applications are being sought to expand and alter the use by constructing an elevated platform approximately 6-to 3-feet above the finished lot grade., The platform is to support a one-story work building, a work deck to the waterside and a loading dock to the roadside. Two stairways access the platform. A power lift on the waterside assists transporting shellfish from the pier into the building. Access to the water is provided by a wood ramp, dock and two floats, one of which houses,the flupsys. That dock extends 83-feet into the Bay. The lot is to be further improved with buffer landscaping and graveled parking and work area. Detailed plans for the development have been submitted to the file. - 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Special Permit No. 2009-031-Reduction in Parking-Cotuit Oyster Co., Inc., 5� Appeal No. 2009-031 seeks a special permit pursuant to Section 240-57, Circumstances Warranting Reduction in Parking Requirements. The applicant is seeking a reduction in the required on-site parking from 5 vehicles to 4 vehicles.,A reduction of on-site parking by 1 space. 6. The characteristics of this use and the site's occupancy by scheduled workmen differ from the normal and continuously use contemplated in the ordinance when it applies on-site parking requirements for businesses. The landside activity of a shellfishing business varies with the seasons as does the number of on-site workers needed. The nature of the use and commitments made by the applicant invalidates the normal method of calculating parking. 7. The applicant has indicated that the highest number of employees on-site at any one time would be five (5). In the Settlement Agreement the applicant has agreed to limit on-site parking by employees to no more that three (3) parked vehicles on-site from October 1' through the last day of February of each year and four parked vehicles on-site from March 15` through September 30`h of each year. 8. Given the nature of the work and the peak seasonal use of the facility as well as the somewhat randomness of harvesting being based on demand and available of product, there is great fluctuation in the number of needed workmen on-site and duration of those employees at this location. 9. These factors justify the reduction of on-site parking by one space and that this reduction as it was requested by the neighbor's does not represent a substantial detriment to the neighborhood nor, with conditions, nullify from the intent of the ordinance. Decision: Based on the findings of fact, a motion was duly made and seconded to grant Special Permit No. 2009-031 to allow a reduction in the required on-site parking pursuant to Section 240-57, Circumstances Warranting Reduction in Parking Requirements subject to all of the following restrictions and conditions. 1. The applicant shall limit on-site parking by employees to no more that three parked vehicles on-site from October 1 through the last day of February of each year and four parked vehicles on-site from March 1 through September 30 of each year. . 2. The owner shall establish a car-pool amongst the employees to reduce the need for on-site parking. The applicant shall encourage parking off-site and shall not encourage parking in the Town-of Barnstable boat access and public parking lot situated at the end of Little River Road during the summer months of June,July and August. 3. This permit is subject to all requirements of Special Permit No. 2004-075 issued to the applicant and is only transferable with that nonconforming special permit. The vote was as follows: AYE: James F. McGillen, William H. Newton, , Craig G. Larson, Brian Florence, Laura F. Shufelt NAY: None Ordered: Special Permit No. 2009-031 has been granted subject to conditions. This decision must be recorded at the Barnstable.Registry of Deeds for it to be in effect and notice of that recording submitted to the 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice ,�I Special Permit No. 2009-031-Reduction in Parking-Cotuit Oyster Co., Inc., .qa Zoning Board of Appeals office. The relief authorized by this decision must be exercised within two year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. Laura F. Shufelt, Ch it Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days-have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 4 Cotuit Oyster Co ino J.TOWNOF.BARNSTABLI:NGBOARDOFAPPEALS ByaStippfationforRema_%andStij,.Nm table Su er�o Court, NOTICEOF PUBLIC HEARING UNDER THE ZONING�'� has remanded to the Zojiing Board of Appeatos a new and full_: ORDINANCE = pubbc hearing ofAppdal No 2003110 In That appeal Cart++Oyster` iMAY 6 2009 Co Inc had applied fob a M vi 4,bon Pennd Iri accordance with To all persons interested m 4r�affectedFby the Zoning Board of Section 2 9`.3(B)ExemQt Uses ttoday,.,UP.on Appeals�underSectionll ofChaPter40AoftheGeneralLawsof �cetionpelm�tissoughttoallowfortheconstrud�onofauildpng, the Commonwealth of Massachusetts andalfamendmentstherefo' andapietnotlnconformancetotliemmimyrriya �setba"ek and for'xi.•.: you are hereby notified that t� r a reduchon in n qufred' site parking The property is ad rd es'sed 7 00 PM Appeai No`2009-033 " 26 Little River Road Cotuit M�,and is showrS:on Assessor s Map;: Na arfan r 053 as parcel 009 It is in a Residential FZonmg District RobertA Nafanan Trustee of Nataban Nominee J.Trust has Mt,; 715 PM 'Remand Appeal No 4Q03137 ti �x Cotuit star Co Inc, �, honed for a modification of Special Per 1t)85 54 The petitioner V'. .� a�r seeks to modify°that condition of the permit thaCrestncted the use BY a Stipulatwn for Remand and Stay Barns(abla S ip`e or�Court of a second floor apartment unit to that of the propeityrowner,only hasremandedtotheZoning Board ofAp(iea(sfota newandfJfpubhc The proposed:modification requests that use:of the apartment hearing ofAppeaf No 2003t137 in that appeI;yCotu�t 0ysfer t'o be allowed io a person who holds`an ownership interest in the Inc had applied forvanaracest`op ovision(B�andthe astparagrap�h.. licensee of the restaurant located on the first.fiooi of the building. of Section 21t 4 ExempCQses Stodgy s Sechon 2 0 8 A(g)(b and The�roperty is addressed as 167_Sea Street,Hyannis;MA'and is . 240 8 B) ,Those variances are to allowOr an aquaclYu�resa to shown on Assessor s Map,307 as parcel 046 It is in a Residence employ up to 5 persoris and to construct a building end pi`et vnthin B Zoning District aheregwred25 fo"otyarsetback ytheexemp�imposedbtusesection 715 PM Remand AppeW No 2003 094 of the Ordinance The property is addressed zl LitGeRrver Road Cotuit Oyster Co Inc Cotud MA,and rs shown on Assessor s Map 0531as pond 009 It By a Stipulation for Remand and Stay Bamstatrle Superior Court is In a Residential F Zoning District , �;" hasremandedtotheZoningBoardofAppealsforanewandfullpubhc 715PMRemandA�peaINo 2004-075, a hearing dwpeai No 2003-094 In that appeaLCo(ud Oyster Co Cotuit Oyster Co,Inc Inc:had applied forvanances to Section 314(5)Bulk Regulations By a Stipulatiortfor Remand and Stay Bam�b e SupenortCoU[t MjnunumtSetbadc Requirements(t6'ay's Sechonr24G:14 E) and has rem11;,anded to the Zoning Board of ARpeais fora new and full Section 4-2 9 Schedule of pff Sde Parigegwremerits(today s public hearing ofAppeaLNoR200407�5 In thatappeal Cotuit Oyster ; Section,j 56) The relief�s soughPf for construche`n of a pile sup Company Inc had app7red for Specaal F eirrids ai awortlance wAh ported one story, workbuildmgandapiernotmconfonnancetothe Sedion444(2)ExpansonofaPreexis6ngNor�conforrpytgBw(dmg 1546 ibmimumsideyari(seth5606rthedistnct andfa�areduction or Struc�ure;No�,Used as Single or,Two-Famlfy Dwelling(todays, in the required on sde parking`�Ttie propeityisatldie sad 26 Litile Section 240 93 B)Se%fion 44 5(2)Expans on of awe Existing RiverR'oadRCoM MA and is'shownyonAssessors Map 053 as NoncenfomiingUse(todaysSecgon240 94B)and5echojg4 6(i) panel 009 It is m a Residential FZomng Distndw { Re-Establishment of Damagetl or,Destroyed Noncenformirlg Use 7:15 PM Remend.Appeal No 2Q03110 or Bwldmg or.Strufu e(taday�s Section 240 95) The appbcant ""`° seeks to locate expan4IR alter.th'e shellfish harvesbn�,tiusirZess includi0g the construction of.a pile supported work building and a pier noLm'_conformarice to the-districts required setbads Tfie property is addressed 26 Little River Road,:Cotuit,M and is; shown on Assessor s Map 053 as parcel 009_Il is In'a Residential. F Zoning District � ' 715 PM`Appeal No 2009-031 ; r ,y r WWI:Oyster Co Lnc CotuiYOyster Company Inc had applied for a Spegal Pennd'• pursuan�fq,Section 290-57 Circumstances Werranting:RedUdionE. of[Parlurig)Requirements The applicant sees a reduction m ttie requued on sde parking due to factors thatredtice the neetl for that parking:;The properly is addressed 26 Lttle RrverRoad GoWit; MA and is,showrt on Assessor s lylap 053 as.parcel 009 t(t is in a., Residential F Zoning District � < A 715 PM'Appeal N-oi2009 ' Cbtujt pyster CO,IOC k -:�K aC,•r G �.' : - CotuitoisterCompany Inc had.applietlforeUanancetoSection - - 246"44A;Principal PemirttedUses intheResidenoeFZonmg Drstnot In this appeal the applicant seeksauthonratiorj to use the'property for a ceromeroial shellfsh business the Cotuit Oyster Company+-�= • This use variance application Is made m the alternative to that part -oft he;Remand afAppeal No 2004 075 that seeks an ExpaLision of a Pre'•Existing Noncohfommgg Uses a is addressed 26 Little Itrver Road Cotuit MA and is shown on Assessor s Map 053 as parcel OR.,It is ni,a Resideritial F Zon Th mg;Distnd.�a ;1 ane Public Hearings vnll be field at the Barnstable Town Hall 1',k MaiiiStreet Hyannis MA Hearing Room 2n.Tloor Wednesday May6,2009 Plansandapplicationsmaybere4rew ed.attheZoning Boar AAppeiii6Mce GroWth.ManagementDepartment Town Offices 200 Main Street Hyanrns,_:MA ;r ; Laura F Shii a Chair . Zoning Board of Appeals a` The Barnstable Patriot; April 17'and April 24k 2009 Zoning Board of Appeals (.ZBA) Abutter List for Map & Parcel(s): '053009' Parties of interest are those directly opposite subject lot on any public or private street or way and abutters to abutters. Notification of all properties within 300 feet.ring of the subject lot. Total Count: 14 � Close Map&Parcel Owners 0wner2 Addressl Address 2 Mailing country Deed CityStateZip PERRY, ARTHUR JR 5310 PORTSMOUTH + BETHESDA, MD 053001 & KOZLOWSKI,JUDITH RD . 20816 USA 9521/286 053002 LANDES, WILLIAM J 12 WYNDEMERE DR SOUTHBORO, USA 12607/098 &MICHELE L MA 01772 053003 PERRY, ARTHUR JR KOZLOWSKI,JUDITH 5310 PORTSMOUTH BETHESDA, MD USA 9521/286 & RD 20816 053004001 ENTWISTLE,JOHN J 800 PARK AVE NEW YORK, NY 'USA 19196/141 &JEAN L 10021 053006' ENTWISTLE,JOHN J 800 PARK AVE NEW YORK, NY USA_ 7508/318 &JEAN L 10021 ' 053007 MCKELLAR, PETER F PETER F MCKELLAR 21237 PACIFIC MALIBU CA 13217/059 - TR LIVING TRUST WEST HWY 92065 053008 PERRY,ARTHUR JR KOZLOWSKI,JUDITH 5310 PORTSMOUTH BETHESDA, MD 15461/183 . 053009 COTUIT OYSTER CO LITTLE RIVER RD COTUIT, MA USA 3671/269 INC 02635 053010 HASECK,JANET W P O BOX 171 ROYAL OAK, MD21662 USA 8746/223 BARNSTABLE, HYANNIS, MA 053011 367 MAIN STREET USA EXEMPT TOWN OF(LDG) 02601 COTUI053016 HORSLEY, SCOTT 65 LITTLE RIVER RD , MA 02635 C154917 02635 053017 BARNSTABLE LAND PO BOX 224 COTUIT, MA 13097/041 TRUST 02635 053024 CUMING, WILLIAM P O BOX 910 COTUIT, MA USA C76355 R&RUTH D 02635 053029 CUMING, WILLIAM p 0 BOX 910 COTUIT, MA USA C76355 ' R&RUTH D 02635 . This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination,of abutters.If a certified list of abutters is required,contact the Assessing Division to have this list certified.The owner and address data on this list is from the Town of Barnstable Assessor's database as of 4R/2009. s ` ►�� '09 JUL 22 P 5 :07 Town of Barnstable Zoning Board of Appeals Decision and Notice Cotuit Oyster Co. Special Permit No. 2004-075 (Part 1) On Remand Section 44.5(2) Expansion of a Pre-Existing Nonconforming Use(Section 240-94.13) Alteration and Expansion of the landside Shellfish Operations of Cotuit Oyster Co. Inc. Summary: Granted with Conditions Applicant: Cotuit Oyster Co. Inc. Property Address: 26 Little River Road, Cotuit, MA Assessor's Map/Parcel: Map 053, Parcel 009 Zoning: Residence F Zoning District Recording Information: Deed—`Book 3671, Page 269 Background: The subject property in this appeal is 26 Little River Road, Cotuit, MA. The 0.16-acre lot is located on Cotuit Bay and is used for the landside operations of Cotuit Oyster Co., Inc. The lot had been used in combination with the abutting lot, 28 Little River Road, until 2002 when the company lost the lease to that-lot and consolidated all landside operation to the subject lot, 26 Little River. The lot supports the landside activities of propagation and harvesting of shellfish. That includes the; setting of'seed' oysters in 'flupsy'to nurture the seeds to a small oyster, transporting of the seeded oysters to prepared beds in one of the shellfish grant areas that the Company lease within the Bay, and the harvesting of shellfish and transportation back to the 26 Little River Road lot for processing. That processing involves receiving of the harvested shellfish, sorting, packaging, and shipping to wholesale and/or end consumers. As accessory to the processing activity some oysters are sold retail from the site. Part 1 of Appeal No 2004-075 seeks to alter and expand the nonconforming use of the property. The development proposal before the Board on remand is to construct a 54 by 15-foot elevated platform to support a 40-foot by 15-foot one-story work building, a 10-foot work deck to the water side and a 5- foot loading dock to the roadside. The area below the platform is to be screened and used for'outdoor storage. A proposed power lift is provided on the waterside to assist deliveries. Access to the water is provided by a 4-foot wide, 150-foot long wood elevated dock and ramp with two 20 by 10-foot floats attached to the end. The entire length of the dock and floats extends 83-feet into Cotuit Bay. The split rail fence on both sides of the property and a planting strips define the north and south property line. A 30-foot wide graveled area, extending some 140 feet; is centered in the lot to provide for site access,.parking of 4 vehicles, loading, outdoor work and storage area for the operations as well as to provide access around the elevated platform to the dock.. Town of Barnstable-Zoning Board of Appeals-Decision and,Notice On Remand ( tom• Special Permit No. 2004-075 Part 1 -Cotuit Oyster Co., Inc., M' ~ a H 3N Procedural & Hearing Summary: This appeal was originally filed at the Town Clerk's office and at the office of the Zoning Board of Appeals on May 04, 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. That hearing opened June 09, 2004, and continued a number of times to October 13, 2004. An extension of time for rendering and filing of the decision was executed. At the October 13`' conclusion of the hearing, a motion was made to grant the appeal; however, the motion did not carry and the appeal was not granted. On October 27, 2004, the Zoning Board of Appeals filed its decision to not grant Appeal No. 2004- 075. On November 12, 2004, the applicant appealed the Board's decisions in Barnstable Superior Court. During the course of that litigation, abutting neighbors who were party to other pending litigation, entered into.mediation along with the Town of Barnstable to resolve a number of issues. On March 7, 2008, as an outcome of mediation, the parties agreed to a Stipulation for Remand that included the remand of this appeal back to the Board. The remand authorized a new hearing of this application plus another three decisions of the Board that were also appealed.' On November 18, 2008, a "Settlement Agreement" was reached and signed by the abutting property owners, the applicant, and the Town. That Agreement provided for a modification of the proposed development plans and set certain restrictions on the landside operations of Cotuit Oyster Co., Inc.. The application on remand-and the proposed development plans before the Board are the outcome of that Settlement Agreement. On April 17, 2009 and again on April 24, 2009 a public hearing on remand was advertised, and the notice sent to all abutters in accordance with MGL Chapter 40A. The hearing on remand was opened May 6, 2009 and continued to June 10, 2009 and to July 8, 2009 at which time the Board found to grant Part 1 of Appeal 2004-075 for the expansion and alteration of the nonconforming use subject to conditions herein. The Board Members hearing this appeal were;James F. McGillen, William H. Newton, Craig G. Larson, Brian Florence, and Board Chair, Laura F. Shufelt. During the hearing on remand, Attorney Marielise A: Kelly represented the Cotuit Oyster Company. Also assisting in the presentation was the environmental consultant, Ms Arlene M. Wilson, Principal Environmental Planner of A. M. Wilson Associates. Mr. Christopher Gargiulo, president of the Cotuit Oyster Company was also present. ; At the opening hearing, Attorney Kelly submitted a 41 section document containing a series of exhibits, including a number of signed affidavits from individuals and persons with direct personal knowledge of the history of the 26 Little River Road lot and the Cotuit Oyster Company, 48 letters in support of the appeal; and a petition signed by 109 persons supporting the appeal. At that hearing, a number of persons spoke in'-support of the granting of the appeal. However, Attorney J. Douglas-Murphy, who represented the Estate of Janet W. Haseck, a direct abutter to the property at 22 Little River Road, expressed concern for the granting of the special permit. Attorney Murphy cited that the Barnstable Zoning Ordinance may not permit the building of a new-structure on the 26 Little River Road lot as no structure now exists on it. The Board continued the appeal to allow for more information on that issue and time for.the members to review the documents submitted. At the June 101h continuance Attorney Kelly responded to the concern expressed by Attorney Murphy. She agreed that the local Zoning Ordinance must specifically provide for the addition of a new building in a nonconforming use situation. She cited Section 240-94.13 of Barnstable's Zoning Ordinance allows a pre-existing,nonconforming use to be "expanded and/or intensified" by special 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice On Remand �+ Special Permit No. 2004-075 Part 1 -Cotuit Oyster Co., Inc., " permit. Section 240-128 defines "Intensification of Use" as being "[a)ny new construction, reconstruction, alteration, remodeling, repair, enlargement, change in use, increase in capacity, or addition of service resulting in greater off-street parking demand." Given the definition of , "intensification" includes new construction; the Barnstable Zoning Board can authorize the proposed new construction by special permit. The appeal was again continued to July 8" for the rendering of the decision. More information and details on the proceeding and those testifying at the hearing can be found in the minutes of the Board for May 6`h, June 101h and July 8th, 2009. Findings of Fact: At the hearing of July 8, 2009 the Board unanimously made the following findings of fact: 1. Cotuit Oyster Company has made applications to the Board seeking to use and make improvements to 26 Little River Road in Cotuit, MA for the landside operations of a shellfish business. The subject property is shown on Assessor's Map 053 as parcel 009. It is in a Residential F Zoning District that permits only single-family use. 2 The subject property is approximately 6,580 sq.ft., in area. It fronts 35-feet on Little River Road and borders on Cotuit Bay. The lot ranges in elevation from 0.8 feet to 18 feet based on N.G.V.D. Part of the lot is in a FEMA designated Velocity Zone, part in within a designated 100-year Flood Zone A13, and part is in a B Zone. The lot is partly graveled for parking and storage and is fenced from the abutting lots. An aging box truck and miscellaneous equipment and materials related to the shellfishing operation sit on the lot. A temporary floating dock is anchored just off the.lot. 3 The use of the lot is for landside activities of the Cotuit Oyster Company relating to the propagation_ and harvesting of shellfish from the waters of Cotuit Bay. Propagation includes the use of'flupsy' suspended in the water to nurture seeded shellfish to be set in the 32-acres of off--shore shellfish beds that the Company has grants for. The landside activities include the receiving of the shellfish, and the sorting, washing and packaging of shellfish for shipping. Some shellfish are also sold retail from the site. 4 The applications are being sought to expand and alter the use by constructing an elevated platform approximately 6-to 3-feet above the finished lot grade. The platform is to support a one-story work building, a work deck to the waterside and a loading dock to the roadside. Two stairways access the platform. A power lift on the waterside assists transporting shellfish from the pier into the building. Access to the water is provided by a wood ramp,.dock and two floats, one of which houses the flupsys. That dock extends 83-feet into the Bay. The lot is to be further improved with buffer landscaping and graveled parking and work area. Detailed plans for the development have been submitted to the file. . 5 Appeal No. 2004-075 seeks, in part, a Special Permit pursuant to Section 4-4.5(2) Expansion of a Pre-Existing Nonconforming Use (today's"Section 240-94.B). The Appeal is before the Board by agreement for Remand issued by Barnstable Superior Court on March 7, 2008. The appeal seeks to expand and alter the shellfish business as a nonconforming use. of*the property. 6. In Barnstable, pre-existing, legally created nonconforming uses must predate the 1929 adoption of zoning for use (Gifford Brothers Sand & Gravel'vs. Town of Barnstable Zoning Board of Appeals — 3 Town of Barnstable-Zoning Board of Appeals- Decision and Notice On Remand Special Permit No. 2004-075 Part 1 -Cotuit Oyster Co., Inc., ..��' Mass. Appeals Court Case No. 00-P-701). According to "The Seven Villages of Barnstable", the shell fishing in this area as a business dates to the mid 1800's. 6.1 At that time, the subject lot was apart of a larger lot owned by a William Childs. During those early years, shell fishing on Cotuit Bay was a family business involving his son Samuel H. Childs and his two sons-in-law, Ezra Gifford and Ezra Hobson. In September of 1899, after the death of William Childs, three parcels were created and deeded to the family members; • 22 Little River Road was deeded to the son, Samuel H. Childs, • 26 Little River to the daughter, Rosa f. Hobson, and • 28 Little River to the daughter, Sarah R. Gifford. There is little doubt that the lots were created specifically to support shell fishing in the Bay. From all accounts, the three lots, either in combination or individually, continued to be used for the harvesting and processing of shellfish from Cotuit Bay until about the mid 1990's. It was at that time in 1996 that the 22 Little River Road lot ceased to be used for shell fishing and . was developed for single-family use. Then in 2002, the 28 Little River Road;lot ceased to be used by the Cotuit Oyster*Company and thereafter the operations were consolidated into the 26 Little River Road lot. Today, only the 26 Little River Road lot is in use for shell fishing. 6.2 Throughout all of that time, from 1900 to present, each of the three lots has remained in separate ownership and none have merged with abutting property nor has any lot been altered since created. Although undersized in terms of minimum lot area and frontage requirements for the RF zoning district they remain three independent nonconforming lots,'legally created prior to zoning. With regards to ownership of the subject lot, 26 Little River Road: • From 1900 to 1936 it was owned by Rosa J'. Hobson (Book 240 Page 459 recorded March 29, 1900). • From 1936 to 1966 it,was owned by June W. Childs and Ruth W. Ackerman, formerly June E. Wellman and Ruth A. Wellman, (Book 524 Page 83 recorded November 7,.1936). • From 1966 to 1983 it was owned by Robert J. Smith Jr. who also owned the Cotuit Oyster Company (Book 1355 page 848 recorded December 28, 1966) • And, from 1983 to present it has been owned by the Cotuit Oyster Company (Book 3671 page 269 recorded February 9, 1983).1 6.3 In 1910, 26 Little River Road was authorized to be developed for shellfishing by a license issued by the Board of Harbor and Land Commission (Book 305, pages 525 and 526 and Plan Book 32, pages 21, 23,,and 12). In that year, Rosa J. Hobson, then owners of the lot, along with Samuel H. Childs,-owner of 22 Little River Road, and Ezra J. Gifford, owner of 28 Little River Road, sought and were granted licenses to build a sea wall, fill parts of the-lots, erect or maintain "Oyster Houses" on the lots and to construct a wharf into the water of Cotuit Bay. 26 Little River Road was improved with a 30 by 20 foot Oyster House built on piles located within the mean high waters of the Bay. 6.4 From 1919 to 1945; Leslie G. Hobson, son of Rosa J. Hobson and Ezra Hobson held town issued shellfish grants to grow and dig shellfish in the waters of Cotuit Harbor Volume 29, Town of Barnstable'Oyster Grants March 1906 to December 1975). According to reputable historic documents filed in the Board's case file, Leslie G. Hobson used the 26 Little River.. Road lot for the landside operation of his business (Cotuit Historic Society). Leslie G. Hobson died in 1934 leaving his assets that included the shellfish grants to his surviving'mother, Rosa 4 Town of Barnstable-Zoning Board of Appeals-Decision and Notice On Remand 4 Special Permit No. 2004-075 Part 1 -Cotuit Oyster Co., Inc., :a J. Hobson and widow, Ellen M. Hobson (Probate Court Documents). After Leslie G. Hobson death in 1934, Ezra Gifford and his son Herbert Gifford apparently started using the 26 Little River Road lot in combination with their existing shellfish operations at 28 little River Road (Deposition of Richard Pierce). 6.5 All accounts document that the oyster house on 26 Little River Road, that was built pursuant to the 1910 license, remained on the property until the 1938 hurricane when it was destroyed. Accounts also cite that a new oyster house was rebuilt shortly thereafter on the piling of the first house and the use of the property for shellfishing activities by the Gifford's continued. That second oyster house was later destroyed in 1944 by another hurricane. According to affidavits filed, Herbert Gifford, who was using the lot for his shellfish operations, undertook the rebuilding of the oyster house at that time. Apparently, the 1944 storm removed the original pilings and sea wall so the oyster house was relocated off the water's edge. During both reconstructions of the oyster house, the lot was owned by June E. Wellman and Ruth A. Wellman. 6.6 Herbert Gifford continued to use 26 Little River Road, in combination with 28 Little River Road for his landside activities relating to the shellfish business. Apparently sometime around 1952, Herbert Gifford also started conducting commercial clambakes during the summer months on the 28 Little River Road lot. 6.7 The oyster house on 26 Little River Road lot remained until 1954 when still another hurricane took the structure out. At this time, the oyster house was not rebuilt. Instead, from 1955 until 1962, Herbert Gifford used the 26 Little River Road,lot in combination with the developed 28, Little River Road lot. The lots were used for his shellfish business during most months of the year with the exception of the 28 Little River Road lot which was used for clambakes during the summer months. 6.8 In 1962, Mr. Robert Smith purchased the Cotuit Oyster Company from Sea Coast Oyster Co. Since 1945, Sea Coast Oyster Company and the Cotuit Oyster Company had been working from the 22 Little River Road lot which Sea Coast Oyster Company owned (Barnstable Registry of Deeds in Book 626, page 362). In 1961, Sea Coast Oyster Company sold 22 Little River Road to William A Walsh. That lot was eventually developed with a single-family dwelling in accordance with zoning for the area. 6.9 In that same year, 1962, Mr. Smith "rented the building at 28 Little River Road for 8 months'a year for the Cotuit Oyster Company's landside operations, and Herbert Gifford rented it for 3 months in the summer for his clambakes" (Barnstable's Zoning Ordinance does not differentiate seasonal use from year-round use). During those three summer months of the clambake, the Cotuit Oyster Company's landside operations were conducted only on the 26 -Little River Road lot and on both 26 and 28 Little River Road lots during the other 8 months of the year. 6.10 In 1966, Robert Smith purchased the 26 Little River Road lot.from June W: Childs and Ruth W. Ackerman (Barnstable Registry of Deeds in Book 1355, page 848.) Mr. Smith operated the Cotuit Oyster Company until, 1973 when he sold it to Richard C. Nelson and his wife Sandra J. Nelson. According to an affidavit by Mr. Nelson, the alternating 3 and 8 month use of 28 Little River Road continued until Herbert Gifford's death in 1977 when the clambakes ceased.' Thereafter, both 26 and 28 Little River Road were used exclusively and year round by the Nelson's to operate the Cotuit Oyster Company; 28 Little River Road being developed with an 5 Town of Barnstable-Zoning Board of Appeals- Decision and`Notice On Remand � ? Special Permit No. 2004-075 Part 1 -Cotuit Oyster Co., Inc., tl Oyster House and dock and 26 Little River Road being used for equipment storage, parking and landing of boats. , 6.11 In 2002, the Cotuit Oyster Company lost its lease to the 28 Little River Road lot and the operations were consolidated onto the 26 Little River Road lot. In about 2004 the ownership of the Cotuit Oyster Company was transferred to Christopher J. Gargiulo who has continued the operations of the company on the 26 Little River Road lot. 6.12 In summary, the evidence submitted substantiates that the use of 26 Little River Road for a shellfish business is a legally created, non-conforming use that predates the 1929 inception of zoning for use (The 1929 zoning allowed land previously used for business purposes to remain being used for business. The use of the lot for Shell fishing was legal and permitted . under the 1929 zoning. The use of the property for shell fishing did not become a legal preexisting nonconforming use until the 1950 adoption of the Zoning Bylaw). The use of the property for the landside business activities related to shellfishing has been documented to predate 1929 and in continuous operation.to the present. There has been no documentation of any abandonment of the use or any non-use of the premises for a period exceeding three years (§ 240-97 Abandonment Nonuse; provides a three-year period of nonuse before the use would be considered discontinued and abandonment is instantaneous on the date of abandonment). Although no building now exists on 26 Little River Road, the lot has been in continues use as an integral part of shellfish operations including the. landside activities of growing and harvesting (sorting, packing, loading and unloading) of shellfish, drying and storage of shells, storage of equipment including boats, and parking. The existing use of the property meets the requirement of a pre-existing, legally created nonconforming use and Section 4-4.5(2) of the Barnstable Zoning Ordinance authorizes this Board to grant a special permit for its expansion and intensification. ' 7. This nonconforming use is a business use of the property and paragraph C of Section 240-123 also requires that a site plan be reviewed and found approvable in accordance with the provisions of Site Plan Review. The proposed development plans have been reviewed by the Site Plan Review Committee and an approval letter was issued February 10, 2009. The letter was issued subject to certain conditions and restrictions (Site Plan Review conditions and restrictions include; compliance with Board of Health variance conditions and Conservation Commission's Order of Conditions, approval of cross section details of the shell & gravel surfaced parking area, hydraulic fluid for the on- site lift which is limited to vegetable oil, trash to be contained within the building and properly disposed of, and that the applicant is responsible for obtaining all applicable permits, licenses and approvals). 8. Section 240-123, requires the Board evaluate the evidence to determine that the proposed alterations, expansion and intensification fulfills the spirit and intent of the Zoning Ordinance and that it does not represent a substantial detriment to the public good or the neighborhood affected. Section 240-94.13 requires an evaluation that the proposed expansion, and/or intensification will not be more detrimental to the neighborhood. The following facts are substantial that the proposal does'not represent a detriment to the neighborhood or the public good. ; 8.1 The plans for the development are the outcome of a series of negotiationswith'some of the abutting property owners and are those plans cited in an'October/November 2008 "Settlement Agreement and Mutual General,Release" signed by some of the direct abutters to 26 Little River Road and the applicant. In addition to consenting to the development plans for.the lot, that Agreement also includes a series of other mutually agreed to operational conditions for the 6 Town of Barnstable-Zoning Board of Appeals-Decision and Notice On Remand Special Permit No. 2004-075 Part 1 -Cotuit Oyster Co., Inc., e use of the lot for the landside activities of shell fishing. The agreement includes the recording of the restrictions at the Barnstable Registry of Deeds. That has been done in Book 23299, page 25 and those restrictions are binding upon successors in title to the property involved. 8.2 `Forty-eight (48) letters in support of granting this special permit have been entered into the file. A petition in support of the relief signed by 109 persons was also entered into the file. 8.3 The subject lot was created as a lot to facilitate shell fishing on Cotuit Bay. It was obviously not created for the development and use as a single-family dwelling, which is now the only use permitted in the zoning district. The lot is a legally created independent lot onto itself. It has never been altered nor merged with any abutting lot. It is now the only lot that remains in this area that is being used for the landside activities relating to a shell fishing business. 8.4 The structures being proposed are water depended structures and are to be restricted to being used only for landside shellfishing activities. The plans have been reviewed and approved by the Board of Health and an Order of Conditions for the development issued by the Conservation Commission. The proposed structure conforms to the zoning requirements for building in the FEMA zones. 8.5 The Town of Barnstable's Local Comprehensive Plan recommends the protection and preservation of marine commercial activities such as commercial aquaculture, as well as the protection and preservation of historic and cultural resources of the Town. The proposal of the Cotuit Oyster Company preserves traditional marine commercial activities and represents preservation of an historic use in this part of Cotuit's coast Line and would be consistent with the goals of the Local Comprehensive Plan. 8.6 The proposed 'recreation' of an "oyster house" on the lot to provide shelter from the elements and facilities for the workmen as well as provide for storage of product is a customary structure to the use of the lot for a shellfishing business. Likewise,the proposed dock is also a customary structure associated with the use of the lot to facilitate the growing of shellfish and the delivery of the harvested product. Neither structure represents over development on the lot. - 8.7 The proposed development of the lot is an improvement over the existing conditions of the lot. At present the lot is an eyesore to'the neighborhood. There is an old box truck located on the lot along with a port-a-potty situated on it and equipment haphazardly scattered about the lot. The development of the raised platform and building will provide a screened area for the storage of that outdoor equipment and the building will replace the box truck and port-a=potty. Overall the finished development will be more in keeping with abutting residences. 9. The issue of developing a new building on the lot to house the nonconforming use has been raised. For the Board to authorize a new building to be added to a nonconforming use, the state zoning act requires that the local Zoning Ordinance specifically provide for the addition of a new building. Section 240-94.13, of the Barnstable Zoning Ordinance allows a pre-existing nonconforming use to be "expanded and/or intensified" by special permit. Section 240-128 defines "Intensification of Use" as being "fa]ny new construction, reconstruction, alteration, remodeling, repair, enlargement, - change in use, increase incapacity, or addition of service resulting in greater off-street parking demand." Given the definition of "intensification", the Zoning Ordinance authorizes the Board, through the grant of this special permit, to include the new construction of a building in nonconforming use situations. , r Town of Barnstable-Zoning Board of Appeals-Decision and Notice On Remand Special Permit No. 2004-075 Part 1 -Cotuit Oyster Co., Inc., 3 10. Findings with respect to the three requirements of Section 240-94.13, -that the use not be expanded beyond the lot nor the zoning district in existence on the date it became nonconforming . and that the expansion of the use conforms to the established setbacks for the district—are: 10.1 The 26 Little River Road lot has not been altered since its creation in 1900. It has always been individually owned from all abutting-lots. The use of the lot for shell fishing predates the 1929 zoning for use in Barnstable and the creation of the lot predates the 1950 adoption of zoning in this area that imposed dimensional standards. The proposed alterations and expansion are on the independent lot and are not expanded beyond the lot which existed in 1929, the date its use became nonconforming. , 10.2 The proposed alterations to the nonconforming use are not being expanded beyond the zoning - district in existence in 1929. as no defined zoning district existed in 1929. 10.3 In addressing the requirement that any proposed expansion of the use conforms to the established setbacks for the zoning district, the applicant has requested additional relief in the form of a bulk variance for the proposed structure and building (Appeal No. 2003-094). The Residential F Zoning District requires a 15-foot minimum side yard setback. The proposed platform is to sit 8 feet off the north property line and 11.4-feet off the south property line. The proposed dock is situated 10-feet off the north property line. Decision: Based on the findings of fact, a motion was duly made and seconded to grant Special Permit No. 2004-075 on remand to allow the expansion and intensification of anon-conforming shellfish business at 26 Little River Road in Cotuit MA, including the addition of a building and structure-subject to the following conditions: 1. The property shall be improved in accordance with: • the site plans presented to the Board entitled '426 Little River Road, Cotuit, Barnstable MA prepared for Cotuit Oyster Company", consisting of 4 sheets. The plans are dated February 24, 2003; Sheet 1 last revised date of 6-01-08, and Sheets 2, 3 & 4 lasted revised 5-27-08, as drawn by A.M. Wilson Associates Inc. • the architectural plans presented, entitled "Cotuit Oyster Company— 26 Little River Road" as drawn by AKRO Associates-Architects, dated July 2004, last revised 6-18-08 and consisting of 2 Sheets, and • the engineered, "Pile Foundation and Framing Plan" as drawn by James C. Schrock, P.E, dated 7-20-04 and consisting.of one Sheet. 2. The use of the site is limited to those activities andfunctions associated with the landside of raising and harvesting of shellfish including: receiving seed shellfish from providers, landing of shellfish, washing and.sorting of shellfish; bagging, packaging and storage of shellfish for shipping and wholesale sales; assembling of racks, platforms and storage containers;•parking and loading and unloading of vehicles and associated parking; and administrative work associated with, and necessary, for the operation of the business. 3. Repair of equipment associated with the business including boat maintenance but only of those- boats registered to Cotuit Oyster Company shall be permitted. 8 • Town of Barnstable-Zoning Board of Appeals-Decision and Notice On Remand Special Permit No. 2004-075 Part 1 -Cotuit Oyster Co., Inc., 0' 4. The occasional retail sale of shellfish from the premises is permitted provided it is to individuals for personal consumption on a call ahead basis for pickup only. The public shall not have access to the structures on site. There shall be no advertising or-promoting of the retail sales from this site. 5. Maximum number of employees on the premises at any one time shall not exceed five (5) persons. 6. There shall be no shucking and no cooking of shellfish on the premises. All consumption of the product.is intended to be off-premises. This condition is not intended to prohibit the applicant from allowing the occasional "sampling" of the product. 7. Signage shall conform to the requirements of Zoning, Section 4-3.5 (5) - Non-conforming Business in Residential Districts (current Zoning Section 240-63) and it shall not`be illuminated. 8. The site, recognizing that it is a shellfish business, shall be maintained at all times in a clean and orderly manner. Shells may not be stockpiled at the site. The parking area shall remain pervious.. All lighting shall be respectful of the residential neighborhood and all lighting shall be low wattage. This restriction shall not apply to occasional or seasonal lighting that may be needed to, assist in safe loading and unloading of products. 9. At no time shall any parking of vehicles or trailers be permitted in the right-of-way of Little'River Road. No storage.containers of a height of 5 feet or over and no unregistered trailers shall be permitted on-site overnight. 10. The applicant shall implement a ride-share program for the employees to reduce on-site parking. 11. Construction shall conform to the Order of Conditions issued by the Barnstable Conservation Commission and the approved septic plan by the Board of Health. All construction shall conform to the State Building Code. 12. Should the site no longer be used for a commercial shellfish business, the dock, pier'and building allowed by this permit shall be removed from the site. 13. Development of the site shall conform to the provision of Section 3-5.1 - Flood Area Provisions of the Zoning Ordinance as applicable for the use. 14. The mechanical fixtures associated with the work building, except the hydraulic lift, shall be located and screened from neighboring homes' view from Cotuit Bay and views from the public right-of-way. 15. The work building and dock authorized herein shall be considered full build-out of the lot. The work building shall not be expanded in area or in footprint nor shall the decks be expanded nor the dock be extended and no accessory structure shall be permitted without further permission from the Zoning Board of Appeals.. 16. In addition, the covenants contained in.Section 1 of the October, 2008 "Settlement Agreement and Mutual General Release", Points (a) through (o), titled "Modifications to Proposed Pier, Structure and Operations of Cotuit Oyster Co., Inc." are incorporated into this decision and shall be enforceable under it. A copy of those covenants is filed at the Barnstable Registry of Deeds in Book 23299, page 25. 17. This decision must be recorded at the Barnstable 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 9. Town of Barnstable-Zoning Board of Appeals-Decision and Notice On Remand �� Special Permit No. 2004-075 Part 1 -Cotuit Oyster Co.; Inc., ('a,„"`�i �� before any building permit is issued. The relief authorized must be executed within two years of the filing of the decision in the Town Clerk's Office. The vote was as follows: AYE: James F. McGillen, William H. Newton, , Craig G. Larson; Brian Florence, Laura F. Shufelt NAY: None Ordered: Special Permit No. 2004-075 has been granted subject to conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals office. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. Laura F. Shufelt, ai�i r Date Signed ` I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk i0 LE . � Ootuft Oyster Co lnc TOWNtOF BARN$TABLE ZONING BOARD OF APPEALS : Y pPuiation for Remand and Stay Barnstable Supenor auH NOTICE OF PUBLIC HEARING UNDER THE ZONING has remanded to the Z mn9 Board of-.ppea of�r a new and full ORDINANCE public hearing ofAppeal No 2003110 In ihatap eaI Co(ud Oyster r,TNAY 6 2009 Co Inc had applied for a ModfiicaflorLpertnit.�n aabM nay with To all persons interested in pr affected by the Zoning Board of. Section 2 4;3(Bj Exempt Uses tfoday Sechor �40 6�1(3�) 7he. Appeals.underSechogl1�ofChapter40AoftheGeneralLawsof,,: modifia�honpetmdisso9j,!toallowk—theconstruchonoEabujldtng: . the Commonwealth of Massachusetts andallamendmentsthereto. andaplernotmcorrfofrriancetothemimmumyarsetbacCsandfor you are hereoy notified that " a reduction;lqrequired on site parking The prbperlysns adage sed:' 7 00 PMz Appeal No 2009-033 26 Little River Road Cofuit MA,and is shown,on Assessor'siMap Na a�an 053 as parcel 009 It is m a Residential F Toning District , F�abert A Naianen,Trus a of Naianan Nominee Trust has pets 715 pM Remand Appeal No1y2003137 tioned fo xa modfication of Speaal Pennd 1985 54 The petitioner Cotuit Oyster seeks to modify that'c'ohdition of the pennd that restricted the use BY a Stipulaton for Remand and Stay,Bgrri&1 ble Super of ,quit - ofase con dfloorapartmentunittottiatoftheproperq/owner.only.'.'. hasremandedtotheZorimgBoardofAppealsforanewand(ujlp'ub6c She proposed modfication requests that use"of the apaitmeht hearing ofAppeal No 2003137 In that appeal Cotutt�0yster Co be allowed to a Qeisor)vuho holds an ownership interest in the Inc hadappbedforvanancestoproVision(B ands thelastparagraph licensee of the restaurant loceted on the first floor of the building. of Section 2-0 4xExempt Uses(today`s Section 240 6A( �band The property is addressed as 167 Sea Street Hyannis,MA and 240 8 B) Those variances are to allow far.*an aquaculfure Use to",' shown on Assessor`s Map 307 as parcel 046:It is m a Residence employ up fo 5 persons:and to'conslruct a buildng and,piewithm F =BZoningDisfnc( therequired25-,�ootyardsetbackimposedbyttu exemptuseseciorl 715 PM yRemand Appeal No 2003-094 : of the Ordmana The property rs addressed 26 l role RN jr Road Cotuit Oyster Co,Inc; Cotud MA and is shown on Assessor s Map 053 as parce.009 It By a Stipulation for Remand and Stay Bamstable Supenor Court; is In a Residential F Zomng District a� `) hasremandedtotheZonngBoardofAppealsforanewandfulipublic 715ftM RemandAppea�INo;2004-07,, Cotuit0's4erCo Inc T a heann of eat No 2003-094 In that py y , ,C ;� . 9 MP, „ appeal Cotuit ster:Co f fi Inc. had applied for variances to Section 314(5)Bulk Regulations, BY a Stipulation for Remand and Stay-Bamst�ab16 Supenor Court Minimum Sdtbadc Requirements(today ssSection 24014 E) and has remanded to the Zomng Board of Appeals for a new;and fuit; Section 42 9 Schedule`of Off Sde Penang Requirements(today s pubhcheanng ofAppeal No 2004 075 Inthet appeal Cotuh Oyster Section 2�0 56) The relief is sough('for censtruChon of a pile sup Company Inc,had.applied for SPeaal Pertnds m aamrdance wdh poitetl one story worrkbuildmg and a piet not m conformance to the Sechon4A4 4(2)Expansion ofa Pre existtngNonconformmg But ing 15400tminiroumsideyar�setbackfortliedisfictaridforareduotion or StN ure No>Used as Single or Two-Famtljl Dwelling(todays ui'the required=on sde parking Tfie property rs addressed 26'Ldtie Section 240 93B) Section 44:5(2)Expansion of a Pre Existing Rwer.Road C66t MA and is shown onAssessors Map 053 as.• NonwnfonnmgUse(todaysSecLon240 94 B)andSechor`tr4-0.6(1)'. parpe1009 It is m a ResidentialfZonmg Distnof Re Establishment of.Damaged or.Desfroyed Noncenformirrg Use 7:15 PM''Remand Appeal No.2003110 or Building or4Strueture(todays Section 241k95) The apphcerit 'seeks to locate expand and altert[ie shellfish.harvestingousiness`. including ttie constmction of a pile supported work building and a, pier rto[in conformance to the distracts required setbacks Tfie property is.addressed 26 Ldtle River Road:Cotuit MA;and is shown on Assessor s Map 053 as parcel 009 ;It is m a Residential + F Zoning District f: ' 715 pM{Appeal No 2009-031 ,,� �,:: ' Cotuit Oyster Company Inc laapphed'for a Speaai'permd' pursuant to Section?40 5�Circumstances Warranting Reduction: of[ParW�gj Requirements The'appltaanE seeks a reduc0on m the. required orNsite parlung due to factors that reduce the need for.tha pariang The properly is addressed 26 Little'River Road;,Cotuit, t • MA and is shown on Assessor's Map 0M as parcel 009:Il is in k- Residential FZomng District x,.: ', tt 715 PM 4ppeafNo32009 Cotuit0..ysterCompany Inc,hadappltedforaVanancetoSectior 240-14A"Pdh6ipalPet'bitted Usesinthe ResidericeFZoning DisthcL In this appeal the applicant seeksauthodidtion to use the property for a commeraal shellfish business the Cotuit Oyster Company This use yanance applcehon is made in the altematrve to that part of the'Remand ofAppeal No 2004 075 that seeks an Expansion of. ' a Pre Existing Nonconfornmg Use,The property is addressed 26 Ldtle RiveiRoad Cotuit MA acid is showh- Assessors.Map 053 as parcel 009 It rs Ina. Residential Honing Dtsth These Public Hearings unit be, at the Berns Town Halt r:367MainStreet Hyannis MA HearfngRoom,2n°FloorWednesday;.. May6,2009. PlansandapplicationsMaybe,reviewedattheZoning.; Board.of' ppeals Offi6e.Growth Management Department:Town:;. Offices;.200 Main Street,.Hyannis MA l:aura F.Shufelt`Chair Zoning Board of Appeals. The)3amstablePatriots - J April 17 and April 24,20-- ' Zoning Board of Appeals (ZBA) Abutter List for Map & . Parcel(s): '053009' Parties of interest are those directly opposite subject lot on any public or private street or way and abutters to abutters. Notification of all properties within 300 feet ring of the subject lot. Total Count: 14 Close Mailing Map &Parcel Ownerl 0wner2 Addressl Address 2 CityStateZip Country Deed 053001 PERRY,ARTHUR JR KOZLOWSKI,JUDITH 5310 PORTSMOUTH BETHESDA, MD USA 9521/286 & RD 20816 053002 tANDES,WILLIAM J 12 WYNDEMERE DR SOUTHBORO, USA 12607/098 &MICHELE L MA 01772 PERRY, ARTHUR JR 5310 PORTSMOUTH BETHESDA MD 053003 & KOZLOWSKI,JUDITH RD 20816 USA 9521/286 053004001 ENTWISTLE,JOHN J '800 PARK AVE NEW YORK, NY USA 19196/141 &JEAN L 10021 053006 ENTWISTLE,JOHN J 800 PARK AVE NEW YORK, NY USA 7508/318 &JEAN L 10021 MCKELLAR, PETER F PETER F MCKELLAR 21237 PACIFIC MALIBU, CA 053007 TR LIVING TRUST WEST HWY 92065 13217/059 053008 PERRY,ARTHUR JR KOZLOWSKI,JUDITH 5310 PORTSMOUTH BETHESDA, MD 15461/183 & RD 20816 053009 COTUIT OYSTER CO LITTLE RIVER RD COTUIT, MA USA 3671/269 INC 02635 053010 HASECK,JANET W P 0 BOX 171 ROYAL OAK, MD USA. 8746/223 21662 BARNSTABLE, HYANNIS, MA 053011 367 MAIN STREET USA EXEMPT TOWN OF(LDG) 02601 COTUI053016 HORSLEY, SCOTT 65 LITTLE RIVER RD , MA 02635 C154917 02635 053017 BARNSTABLE LAND "PO BOX 224 COTUIT, MA 13097/041 TRUST 02635 053024 CUMING,WILLIAM P 0 BOX 910 COTUIT, MA USA C76355 R&RUTH D 02635 053029 CUMING,WILLIAM P 0 BOX 910 COTUIT, MA USA C76355 R&RUTH D 02635 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters.If a certified list of abutters is required,contact the Assessing Division to have this list certified.The owner and address data on this list is' from the Town of Barnstable Assessor's database as of 4/7/2009. N - ?.�,is .: I . , - tr • r 09 JUL 22 P 5 :09 Town of Barnstable Zoning Board of Appeals, Decision and Notice Cotuit Oyster Co. Bulk Variance No. 2003-094 (Part 1) On Remand' Variances to Section 3-1.4(5) Bulk Regulations Minimum Setback Requirements(Section 240-14.E) To construct a pile supported one-story work building and a pier not in conformance to the District's 15-foot minimum side yard setback. Summary: Granted with Conditions Applicant: Cotuit Oyster Co. Inc. Property Address: 26 Little River Road, Cotuit, MA Assessor's Map/Parcel: Map 053, Parcel 009 Zoning: Residence F Zoning District Recording Information: Deed— Book 3671, Page 269 Background: The subject property in this appeal is 26 Little River Road, Cotuit, MA. The 0.16-acre lot is located on Cotuit Bay and is used for the landside operations of Cotuit Oyster Co., Inc. The lot had been used in combination with the abutting lot, 28 Little River Road, until 2002 when the company lost the lease to that lot. The 28 Little River Road lot was developed and provided the Company with its work building and dock. With the loss of the lease and consolidation of all the landside operations to the subject lot, 26 Little River Road, the company is now without a building and dock. The lot supports the landside activities of propagation and harvesting of shellfish. This includes the setting of'seed' oysters in 'flupsy'to nurture the seeds to a small oyster, transporting of the seeded r oysters to prepared beds in one of the shellfish grant areas that the company leases within the Bay, the harvesting of shellfish and the transporting back to the 26 Little River Road lot for processing. That processing involves receiving of the harvested shellfish, sorting, packaging and shipping to wholesale and/or end consumers. As accessory to the processing activity some oysters are.sold retail'from the site. Part 1 of Appeal No 2003-094 seeks a variance to develop the lot no in conformity to the required side yard setbacks. The development proposal before the Board on remand is to construct a 54 by 15-foot ,elevated platform to support a 40-foot by 15-foot one-story work building, a 10-foot work deck to the water side and a 5-foot loading dock to the roadside. The platform and work building is proposed to be placed 8 feet off the north property line and 11.4-feet off the south property line and a variance from the required 15.-foot side yard setbacks is required. Access to the water is provided by a 4-foot wide, 150-foot long wood elevated dock and-ramp with two 20 by 10-foot floats attached. The entire length of the dock and floats extends 83-feet into Cotuit Town of Barnstable-Zoning Board of Appeals-Decision and Notice On'Remand �� Variance. 2003-094 Part 1 -Cotuit Oyster Co., Inc., Bay. The proposed dock is situated 10-feet off the north property line and also does not conform to the side yard setback requirement. Procedural & Hearing Summary: This appeal was originally filed at the Town Clerk's office and at the office of the Zoning Board of Appeals on April 22, 2003. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. That hearing opened July 9, 2003, and continued a number of times to October 13, 2004. An extension of time for rendering and filing of the decision was executed. At the October.131h conclusion of the hearing, a motion was duly made, seconded and voted to deny the appeal. On October 27, 2004, the Zoning Board of Appeals filed its decision to deny Appeal No. 2003-094. On November 12, 2004, the applicant appealed the Board's decisions in Barnstable Superior Court. During the course of that litigation, abutting neighbors who were party to other pending litigation entered into mediation along with the Town of Barnstable to resolve a number of issues. On March 7, 2008, as an outcome of mediation,.the parties agreed to a Stipulation for Remand that included the remand of this appeal back to the Board. The remand authorized a new hearing of this application plus another three decisions of the Board that were also appealed. On November 18, 2008, a "Settlement Agreement" was reached and signed by the abutting property owners, the applicant, and the Town. That agreement provided for a modification of the proposed development plans and set certain restrictions on the landside operations of Cotuit Oyster Co., Inc. The application on remand and the proposed development plans before the Board are the outcome of that Settlement Agreement. On April 17, 2009 and again on April 24, 2009, a public hearing on remand was advertised, and the notice sent to all abutters in accordance with MGL Chapter 40A. The hearing on remand was opened May 6, 2009 and continued to June 10, 2009 and again to July 8,-2009 at which time the Board found to grant Part 1 of Appeal 2003-094 for a variance to Section 3-1.4(5) Bulk Regulations Minimum Setback Requirements (today's Section 240-14.E), to construct a pile supported one-story work building and a pier not in conformance to the 15-foot minimum side yard setback for the district, subject to conditions herein. The Board Members hearing this appeal were:James F. McGillen, ' William H. Newton, Craig G. Larson, Brian Florence, and Board Chair, Laura F. Shufelt. During the hearing on remand, Attorney Marielise A. Kelly represented the Cotuit Oyster Company. Also assisting in the presentations was the environmental consultant, Ms Arlene M. Wilson, Principal Environmental Planner of A. M. Wilson Associates.. Mr. Christopher Gargiulo, president of the Cotuit Oyster Company was also present. At the opening hearing, Attorney Kelly submitted a 41 section document containing a series of exhibits, including a number of signed affidavits from individuals and persons with direct personal knowledge of the history of the 26 Little River Road lot and the Cotuit Oyster Company, 48 letters in support of the appeal, and a petition signed by 109 persons supporting the appeal. Attorney Kelly addressed the criteria and conditions of the lot required under MGL Chapter 40A, Section 10 for granting of a variance. She noted the dimension of the lot, its nonconforming use and the practicality of developing it under zoning regulations that are now applicable. At that hearing a number of persons spoke in support of the granting of the appeal However, Attorney]. Douglas Murphy, who represented the Estate of Janet W. Haseck, a direct abutter to the. property at 22 Little River Road, expressed concern for the.granting of the bulk variance in combination with the nonconforming use special permit to,expand and alter the use. Attorney Town of Barnstable-Zoning Board of Appeals-Decision and Notice.On Remand Variance.2003-094 Part 1 -Cotuit Oyster Co., Inc., Murphy's concern was that requirement of Section 240-94.13(1) which requires "[a]ny proposed expansion of the use shall conform to the established setbacks for the zoning district in which it is located, or such greater setbacks as the Zoning Board of Appeals may require due to the nature of the use and its impact on the neighborhood and surrounding properties." The Board continued the appeal to allow for more information on that issue and time for the members to review the documents submitted. At the June 1 Wh continuance Attorney Kelly responded to the concern expressed by Attorney Murphy. She noted that the Board can authorize the building on the lot by special permit and, provided the Board finds the variance conditions exist, may grant the variance. The appeal was again continued to July 8'for the rendering of the decision. More information and details on the proceedings and those testifying at the hearing can be found in the minutes of the Board for May 6`h,June 10t' and July 8, 2009. Findings of Fact: At the hearing of July 8, 2009_the Board unanimously made the following findings of.fact: 1. Cotuit Oyster Company has made applications to the Board seeking to use and make-improvements to 26 Little River Road in Cotuit, MA for the landside operations of a shellfish business. The subject property is shown on Assessor's Map 053 as parcel 009. It is in a Residential F Zoning District that permits only single-family use. . 2 The subject property is approximately 6,580 sq.ft., in area. It fronts 35-feet on Little River Road and borders on Cotuit Bay. The lot ranges in elevation from 0.8 feet to 18 feet based on NGVD. Part of the lot is in a FEMA designated Velocity Zone, part in within a designated 100-year Flood Zone A13, and part is in a B Zone. The lot is partly graveled for parking and storage and is fenced from the abutting lots. An aging box truck and miscellaneous equipment and materials related to the shellfishing operation sit on the lot. A temporary floating dock is anchored just off the lot. 3 The use of the lot is for landside activities of the Cotuit Oyster Company relating to the propagation and harvesting of shellfish from the waters of Cotuit Bay. Propagation includes the use of'flupsy' suspended in the water to nurture seeded shellfish to be set in the 32-acres of off-shore shellfish beds that the Company has grants for. The landside activities include the receiving of the shellfish, and the sorting, washing and packaging of shellfish for shipping. Some shellfish are also sold.retail from the site. 4 The applications are being sought to expand and alter the use by constructing an elevated platform approximately 6-to 3-feet above the finished lot grade. The platform is to support a one-story work building, a work deck to the waterside and a loading dock to the roadside. Two stairways access the. platform. A power lift on the waterside assists transporting shellfish from the pier into the building. Access to the water is provided by a wood ramp, dock and two floats, one of which houses the flupsys. That dock extends 83-feet into the Bay. The lot is to be further improved with buffer landscaping and graveled parking and work area. Detailed plans for the development have been submitted to the file. 5. Appeal No. 2003-094 seeks, in part, a bulk variance to Section 3-1.4(5) Bulk Regulations Minimum Set Back Requirements to permit the construction of a pile-supported work building,deck and dock not in conformance with the required-1 5-foot side yard setbacks.. This appeal is bgfore the Board by agreement for Remand issued by Barnstable Superior Court on March 7, 2008. The variance is sought to build: Town of Barnstable-Zoning Board of Appeals-Decision and Notice On Remand Variance.2003-094 Part 1 -Cotuit Oyster Co., Inc., sIDS • a 54 by 15-foot elevated platform to support work decks and a 40 by 15-foot, one-story work building situated 8-feet off the north property line and 11.4-feet off the south property line and, • a 4-foot wide dock located 10-feet off the north property line and extending 83-feet into the waters of Cotuit Bay. The proposed building and structures to be built are water dependent. 6. The subject lot was created in 1899 as one of three lots for the explicit intent of supporting shellfishing on Cotuit Bay. It predates the adoption of zoning for use by 30 years and the adoption of zoning dimensional regulations by 50 years. The lot remains an independent legally created pre- existing undersized nonconforming lot under zoning. The lot was created 35-feet wide by 216 feet in depth along its longest side, approximately 6,580 sq.ft., in area and had supported an oyster house from 1900 to 1954. It is the last remaining lot in this area of Cotuit Bay in continuous use today for shellfishing. 7. The 15-foot side yard setback requirement was imposed in 1957 when zoning was amended in this- area which limited the use to one single-family dwelling per 20,000 sq.ft. lot. The unique circumstance in this lot.is that it was never created with theJntent of supporting a single-family dwelling. The lot was created with the intent of supporting shellfishing activities and its development would be typical of that time, a simple one-story building with access to the waters of the Bay. 8. This lot is only 35 feet wide. Applying today's 15 foot side yard setbacks allows only a building envelope that is 5-feet wide. That is not a practical envelope in which to restrict development to current zoning requirements. This is a unique situation applicable to this lot and generally not found in the zoning district and currently not in the neighborhood. 9. The lot ranges in elevation from 0.8 feet to 18 feet NGVD and is situated partly,in a FEMA designated Velocity Zone and partly within a des.i nated 100- ear Flood Zone Al P Y g y . The lot is encumbered with a coastal bank. These are unique topographical conditions that require special consideration in developing of the lot. Buildings and structures must be elevated above flood elevation. Piled foundation and engineered framing of the raised platform are required. This requires a practical size to be economically viable to build. A 5-foot wide platform in conformance to zoning is not practical, and not economically viable. 10. The unique shape and area of the nonconforming business lot presents unique circumstances where it is not feasible or likely that the locus could be used or developed in the future for any other inconsistent land use permitted by the zoning ordinance. This hardship was not created by the ' petitioner. It is not a self-imposed hardship. 11. To not grant aVariance would deprive the owner from any building upon the lot and would limit the use for which the lot was created and for which it has been used throughout its 109 year existence. That would present a substantial hardship to the petitioner in that continuation of the operation outdoors, unprotected from the elements,and without customary workers accommodations is a hardship on the company and its workers. Use of the site would be very limited without the. protection of a work building and dock into the water to accommodate loading and unloading of shellfish. It would make the operations very impractical and would threaten the economic viability of this company and the historic use of Cotuit Bay for shellfishing. 12. The property is a nonconforming business use and the variance, if issued, would address the problems of security, storage and refrigeration. The proposed building would not reduce the value of property within the district but would, rather, increase property values. The need of unsightly industrial fencing; equipment storage and mobile or other refrigeration units would be contained in or behind a Cape Cod style "oyster house" and with'appropriate landscaping. Town of Barnstable-Zoning Board of Appeals- Decision and Notice On Remand Variance. 2003-094 Part 1 -Cotuit Oyster Co., Inc., 13. Case law often refers to modest dimensional variances as not being a substantial derogation of the ordinance. This would be the case in this instance as the building would still be located 11.4 feet from the abutting 22 Little River Road lot and 8.0 feet from 28 Little River Road lot. 14. The granting of a variance in this situation does not represent a substantial detriment to the public good as the plans for the development are the outcome of a series of negotiations with some of the abutting property owners. The proposed development plans and the operation of the business on the lot are further restricted by agreement between the applicant and abutters to the property as expressed in October/November 2008 "Settlement Agreement and Mutual General Release". Forty-eight (48) letters and a petition signed by 109 persons have been entered into the file in support of the proposal. 15. To grant the yard setback variance to a one-story, 600 sq.ft. building, its decks and a dock does not nullify or substantially derogate from the intent or purpose of the zoning ordinance as that setback requirement was intended to apply to single-family dwelling uses on lots of a much larger area and to . more substantial buildings than that proposed. The intent of the setbacks is to assure adequate light and air and to provide some level of privacy between homes. The reduced setbacks still allow adequate light and air and to authorize a building on the lot protects abutting property owners by providing some "containment' of the processing. , Decision: Based on the findings of fact, a motion was duly made and seconded to grant a bulk variance as requested in part 1 of Appeal 2003-094 on Remand for the development of a water dependent building and structure to be built at 26 Little River Road in Cotuit, MA not in conformity to the zoning district's requirement of 15 foot side yard setbacks subject to the following conditions: 1. The property shall be improved in accordance with: • The site plans presented to the Board entitled "#26 Little River Road, Cotuit, Barnstable MA prepared for Cotuit Oyster Company", consisting of 4 sheets. The plans are dated February 24, 2003; Sheet 1 last revised date of 6-01-08, and Sheets 2, 3 & 4 lasted revised 5-27-08, as drawn by A.M. Wilson Associates Inc. • The architectural plans presented,entitled "Cotuit Oyster Company— 26 Little River Road" as drawn by AKRO Associates Architects, dated July 2004, last revised 6-18-08 and consisting of 2 Sheets, and. • The engineered, "Pile Foundation and Framing Plan" as drawn by James C. Schrock, P:E, dated 7-20-04 and consisting of one Sheet. 2. The use of the site is limited to those activities associated with the landside activities of propagation and harvesting of shellfish, and is subject to all conditions of Special Permit No. 2004-075 issued to the applicant. If the business use of the property should cease, this variance shall become null and void, and all structures authorized herein shall be removed from the property. . 3.'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 building permit is issued. The relief authorized must be executed within one year of the filing of the decision in the Town Clerk's and the construction of the buildings and structure authorized herein commenced and proceeds in good faith continuously to completion. C Town of Barnstable-Zoning Board of Appeals-Decision and Notice On Remand Variance. 2003-094 Part 1 -Cotuit Oyster Co., Inc., The vote was as follows: AYE: James F. McGilien, William H. Newton, Craig G. Larson, Brian Florence, Laura F. Shufelt NAY: None Ordered: Variance No. 2003-094 has been granted subject to conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals office. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing,of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. lawry.-7 2-/0 Laura F. Shufelt, C air Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk , G- s•.^'(fi5i'k�FNi= +••S'i aNt!IT 'E +�P l�,'d'Fk'8$,-Y� LEGAL NOTICE sY k ",3 - t •,aart.... y w to .-�;u 4�0 Sfe :Of..RC 1, 3 u r sf � s im rTOW QF 6ARNST'AB `ZONING BOARD U gPPE S� B-&jg W or magd aryl Stay Burgs. 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Mgt: 0�,W o lds an ownershl Interest m e 1Rc aaa le fa at ces opw vlslop�B a��he as 9 ' v 11— i. p� x or 0�2 ses to y'Sec o t3 j licensee b e.s r r .create on}he first Ooor`of the build ng f? , 5 The NINE,14ose ana,, �l o )or sr�°a u I s.ape ad ensas16�Sea Sheet Ffyanrns MA and�ssFg shoymoss ssq�s�Ma 30jasparcel 046 It is In a ResidepcethfJ?,top �and to co_ ru a l d ng�a x ry 4 there uio ar os bye a ag, BTZomR9 � ' 7 31OXI Reh) nd Appeal l�o�Z003-094 - x �x of t1�e�0 dInarice grope lsY d ressed 2 Little rf rCotudOystCol � K C fy an 'lho"�wnAngssess�orsMa�p'5titjs z4 + •tr + c s n �tlelal mg NO i s D�sfn " w + Bya Spl9tion remqn an�$tay,Barrtstab�e u e o Cou g nF� 5 ` hasndedtotheZorlingBgardofAppealsf4 neWa dplblic �� emanc a- 0�004-075 , hea'ng of Apk e Non2093 09�1 ghat a Coy�It 0 stet C o Oys ! 7inc � Inca" ad a hedforanances tq Seot�on 314�5)Billk egula4ns l'.BI ho thre an +and y Bart[s bl e tar t 110 Murirt u�r eP r t e re eful today skSecU_o, � 4� °pan`, h`as man edd cr. brZon1gzBoard of�pp�s for e !a d cllon u e oa"lnRU rer�en ktoda`' Y pbl olheanngfiAppea�No 204 075"Ip ha gp ea Ca , 9 eQ Y� F a rwsiH a Secbort 0,56) ire reltef'ls sought for consWton off al e Conpany'�n a haap��ed for Speaa Term ROOM n =. iT po o��w rk. l p'ie nUffi nfa ma �o le E Secfi 2 Epp ns ofa er ez�shng t o c"onjo 1 15 foo m ninu sl eta setbackgfo�dls� ?any argil o for$ TureoN�aaSl g ego>wnmmly�"Dwe Ig oay RO the l o rs e arkin The roe rs ad{�resse 26'L2i�- Se o '2d0 9 B Secgop Ex ansio of a sit �f.� �r �P �9P_Py ti �� a k� 3ri fr r ( Py °t Rlver oad Cd rfA�an�drl shown*o essor's Map 053 a8 iJo�cnfo(mmgUse(toda sSecborR240 Qn� e 0 8 Lr * +� art a .w c 14 a .11 parcel 008 It�sl a es deidla L n n Dlgt ftg Esta6llshment fsD ag o D.es ye fNcnco��{o l g x 715 PM xltemand'A Feel No 200 �110 oEN"M lCallao,4�Str�i u�eK�rada�s ,ectlonf24a95)�Thete' ca see s J6 rRvAm ld:atjd�a r e neellf�slmarves In l CI gCO S NC}IOOry plle�suppolte w rlbull l.g r> 8. spier ncgnfonn�c�to�t(ijierdlstnlse�qunset5ae q�el�1lsj,acdI reessske�d',2266 Llrwe River:l,Koad Co ri ,a s ash oDnessos4.:a� a �s plarce1�009tismsa• d al; F .0 g,] ct � ✓ 5 R -ter. aPNlppeal�No 2009Tics III 0-Y., W46pt -031 � * Cotul;Oystegorrip�any lnc,rhaz pplle fo,a�1Sp ca Pe106 `Kursue' ito;8ec8 dL4� lrou'startoes r (P gil"g.qA }en p scan}seal{ o equlr�e�o{g-srie p�`�a`rk ng`dus, factosaducee fee t( par�Og The p`roperlty,& ddrressed�265L ehRrye�Roa_ lg h4. MAxan is s o o ssessol's M� p Q53 asparcel 009^ ass a�. Reside ,' Z�on�r�Dls - ,�k' y " p'IA�pe'�No�2009-033� Q0t�u oyster Cot�lnc" f x x' n Cotul0ysert; rrlpanYM(Oashadappr fora;anance o�S o 4 A. P dpalPerputtetll7ses ; a e denIMP., ih this a�eal the `IlcarltseeCsathonzah(�n tq usar e heSSar+�-np'•"st 4 p ..err t �^,-3 h M for s co a al ahellfisJruslnessthe Cotult Oyste{ p Th(s� se van>�r ce applrcah�o�n is made in the IV -natnfe td a 3 oft RgrpandofAppealNo720 75thats'e 1h, ' - . - ti u rgwW game aPr astingNoncorfo�rnmg�JseTherop�er;iddre 8 Use Iieoad�CouI�IA endtsshowg0nsesos r asp I OQ9 It ls,lne Residential pr2oIng Djsir�cl The_se�pubhc lieani gs 11 be held at the Bam take e rt 26 �Iiainslteht Hya�n�rs'rNi kleaonj�jooms " p°r eddy - M y620094PJansandappkcatloftsmaybereviewedathaLgrynlJL Board ofAppeals�Offioe,Grou40r`Menagemen�D peitma Offices 200.fdain$greet tHyaJipis�MA,��', - �� A�+� :✓��'.�:rr�r.� ura F yShu�l�s half' • � � ��;,�,-..Zo�ing Board of. pe>;Is The Bamstable,patgdf, rA ni17-ana,l�pril�4s`2069 � "" ^`� a� �'y r P .: ..._. . .,....,, :fir .. .•'axm,,.,`.'.''. Zoning Board of Appeals (ZBA) Abutter List.for Map & Parcel(s): '053009' Parties of interest are those directly opposite subject lot on any public or private street or way and abutters to abutters. Notification of all properties within 300 feet ring of the subject lot. . Total Count: 14 Close Map &Parcel Owners Owner2 Addressl Address 2 Mailing Country Deed City5tateZip PERRY,ARTHUR JR 5310 PORTSMOUTH BETHESDA, MD 053001 & KOZLOWSKI,JUDITH RD 20816 USA 9521/286 053002 LANDES, WILLIAM J 12 WYNDEMERE DR SOUTHBORO, USA 12607/098 &MICHELE L MA 01772 053003 PERRY, ARTHUR JR KOZLOWSKI,JUDITH 5310 PORTSMOUTH BETHESDA, MD USA 9521/286 053004001 ENTWISTLE,JOHN 1 800 PARK AVE NEW YORK, NY USA 19196/141 &JEAN L 10021 053006' ENTWISTLE,JOHN J 800 PARK AVE NEW YORK, NY .USA 7508/318 &JEAN L 10021 053007 MCKELLAR, PETER F PETER F MCKELLAR` • 21237 PACIFIC MALIBU, CA 13217/059 TR LIVING TRUST WEST HWY 92065 053008 PERRY, ARTHUR JR KOZLOWSKI,JUDITH 5310 PORTSMOUTH BETHESDA, MD 15461/183 . & RD 20816 053009 COTUIT OYSTER CO LITTLE RIVER RD COTUIT, MA USA 3671/269 INC 02635 053010 HASECK,JANET W P 0 BOX 171 ROYAL OAK, MD USA 8746/223 21662 053011 BARNSTABLE, 367 MAIN STREET HYANNIS, MA USA EXEMPT TOWN OF(LDG) 02601 053016 HORSLEY, SCOTT 65 LITTLE RIVER RD COTUIT, MA C154917 02635 053017 BARNSTABLE LAND 00 BOX 224 COTUIT, MA 13097/041 TRUST 02635 053024 CUMING,WILLIAM P 0 BOX 910 COTUIT, MA USA C76355 R&RUTH D 02635 053029 CUMING,WILLIAM P 0 BOX 910 COTUIT, MA USA C76355 R&RUTH D 02635 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters.If a certified list of abutters is required,contact the Assessing Division to have this list certified.The owner and address data on this list is from the Town of Barnstable Assessor's database as of 4/7/2009. R } 08—20-2009 7 A R;rf S T...A B LE 'B" XgrAJ3`F 09 JUL 22 Town of Barnstable Zoning Board of Appeals Decision and Notice Cotuit Oyster Co. Bulk Variance No. 2003-094(Part 1)On Remand` Variances to Section 3-1.4(5) Bulk Regulations Minimum Setback Requirements(Section 240-14.E)' To construct a pile supported one-story work building and a pier not in conformance to the Distript s 15-foot minimum side yard setback. + € 8) Summary: Granted with ConditionsCl ' a Applicant: Cotuit Oyster Co. Inc. �: �, N LU Property Address: 26 Little River Road, Cotuit, MA i� Assessors Map/Parcel: Map 053, Parcel 009 -n Zoning: Residence F Zoning District -V, tp Recording Information: Deed.—Book 3671, Page 269 v �n M Background: m The subject property in this appeal is 26 Little River Road, Cotuit, MA. The 0.16-acre lot is located onine . Cotuit Bay and is used for the landside operations of Cotuit Oyster Co., Inc. The lot had been used in combination with the abutting lot, 28 Little River Road, until`2002 when the company lost the lease to that lot. The 28 Little River Road lot was developed and provided-the Company with its work building and dock. With the loss of the lease and consolidation of all the landside operations to the subject lot, 26 Little River Road, the company is now without a building and dock. The lot supports the landside activities of propagation and harvesting of shellfish. This includes the setting of'seed' oysters in 'flupsy'to nurture the seeds to a small oyster,transporting of the seeded oysters to prepared beds in one of the shellfish grant areas that the company leases within the Bay,the harvesting of shellfish and the transporting back to the 26 Little River Road lot for processing. That processing involves receiving of the harvested shellfish,sorting, packaging and shipping to wholesale and/or end consumers. As accessory to the processing activity some oysters are sold retail from'the site. Part 1 of Appeal No•2003-094 seeks a variance to develop the lot no,in conformity to the required side yard setbacks. The development proposal before the Board on remand is to construct a 54 by 15-foot. elevated platform to support a 40-foot by 15-foot one-story work.buildi.ng, a 10-foot work deck.to the water side and a 5-foot loading dock to the roadside. The platform and work building is proposed to. be`placed 8 feet off the north property Fine and 11.4-feet off the south property line and a variance from the required 15-foot side yard setbacks is required. Access to the water is provided by.a 4-foot wide, 150-foot long wood elevated dock and ramp with -two 20 by..10-foot floats attached. The.entire length of the dock and floats extends 83-feet into Cotuit " PAR.P,STABLE r .09 JUL 22 P ��1659. • Town of Barnstable Zoning Board of Appeals Decision and Notice Cotuit Oyster Co. Bulk Variance No. 2003-094(Part 1)On Remand Variances to Section 3-1.4(5) Bulk Regulations Minimum Setback Requirements(Section 240-14.E) To construct a pile supported one-story work building and a pier not in conformance to the Distris 15-foot minimum side yard setback. Granted with Conditions �`- r w Summary: r,;� O Summary: ?Y . Applicant: Cotuit Oyster Co. Inc. u, Property Address: 26 Little River Road, Cotuit, MA Q Assessor's Map/Parcel: Map 053, Parcel 009 Zoning. Residence F Zoning District ire -=-1 \& Recording Information: Deed— Book 3671, Page 269 r— � rr� Background: m The subject property in this appeal is 26 Little River Road, Cotuit, MA. The 0.16-acre lot is located on Cotuit Bay and is used for the landside operations of Cotuit Oyster Co., Inc. The lot had been used in combination with the abutting lot, 28 Little River Road, until 2002 when the company lost the lease to that lot. The 28 Little River Road lot was developed and provided the Company with its work building and dock. With the loss of the lease and consolidation of all the landside operations to the subject lot, 26 Little River Road, the company is now without abuilding and dock. The lot supports the landside activities of propagation and harvesting of shellfish._ This includes the setting of'seed'oysters in 'flupsy'to nurture the seeds to a small oyster;transporting of the seeded oysters to prepared beds in one of the shellfish grant areas that the company leases within the Bay,.the harvesting of shellfish and the transporting back to the 26 Little River Road lot.for processing. That processing involves receiving of the harvested shellfish, sorting, packaging and shipping to wholesale and/or end consumers. As accessory to the processing activity some oysters are sold retail from the site. Part 1 of Appeal No 2003-094 seeks a variance to develop the lot no in conformity to the required side yard setbacks. The development proposal before the Board on remand is to construct a 54 by 15-foot elevated platform to support a 40-foot by 15-foot one-story work building, a 10-foot work deck to the water side and a 5-foot loading dock to the roadside. The platform and work building is proposed to be placed 8 feet off the north property line and 11.4-feet off the south property line and a variance from the required 15-foot side yard setbacks is required. Access to the water is provided by a 4-foot wide, 150-foot long wood elevated dock and ramp with two 20 by 10-foot floats attached. The entire length of the dock and floats extends 83-feet into Cotuit G .FYs 193 or rreS . 0u-20-2009 & 1?-'.48s:c i c 09 JUL 22 P 5 .0 8 Town of Barnstable Zoning Board of Appeals Decision and Notice Cotuit Oyster Co. Special Permit No. No. 2009-031 Section 240-57 Circumstances Warranting Reduction of Requirements � Reduction.of On-Site Parking � 7 O Summary: Granted with Conditions CD Applicant: Cotuit Oyster Co. Inc. Property Address: 26 Little River Road, Cotuit,MA , Assessor's Map/Parcel: Map 053,Parcel 009Ln � Zoning: Residence F Zoning DistrictLU Ica ` Recording Information: Deed-Book 3671, Page 269 IV r--n Background: The subject property in this appeal is 26 Little River Road, Cotuit, MA. The 0.16-acre lot is located on o Cotuit Bay and is used for the landside operations of Cotuit Oyster Co.; Inc. In Special Permit No. 2004-075 the Board authorized the alteration and expansion of the nonconforming use of the lot for the landside activities of propagation and harvesting of shellfish. In granting that expansion, the Board authorized the construction of facilities to support the operations including a work building, platform and a dock. That added development necessitated on-site parking. Appeal No 2009-031'seeks a special permit pursuant to Section 240-57 to reduce the required on site parking from 5 vehicles to three parked vehicles on-site from October 1" through the last day of February of each year and four parked vehicles on-site from March-151 through September 301 of each year. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's office and at the office of the Zoning Board of Appeals on March 27, 1009. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. That hearing.opened May 6,2009 and continued to June 10, 2009 and to July 8, 2009 at which time the Board found to grant Appeal 2009-031 for a reduction in parking subject to conditions herein. The Board Members hearing this appeal were James F. McGillen,William H. Newton, Craig G, Larson, Brian Florence, and Board Chair, .Laura F. Shufelt, During the hearing of this.appeal, Attorney Marielise A. Kelly represented the Cotuit Oyster Company.. Also assisting in the presentations was the environmental consultant, Ms Arlene M. Wilson, Principal a OCT-21-2009 12:40P FROM:COTUIT FIRE DEPT 5084280202 TO:15087906230 P.2 v m Cotuit Fire/Rescue Department FIRE DEPARTMENTS OF THE TOtUV%Igy;d3 BLE Fire Prevention Office - Hinckley Building 200 Main Street, Hyannij,'M P240P j 1 07 (508) 862-4097 BUILDING CODE COMPI-17AXCE 111 Plans dated for the property located at LIMP `?1�ver 2 d 1 also known as e�{v� Chu S r Co�/� -! have been reviewed by O-Arl ao I of the ❑ Barnstable ❑ COMM Cotuit ❑ Hyannis ❑ West Barnstable Fire Department. THE CHART BELOW INDICATES THE STATUS OF THE REVIEW: TYPE OF CONSTRUCTION DOCUMENT N/A RECEIVED REVIEWED COMPLIES 1. Narrative Report 2. Firefighting & Rescue Access 3. Hydrant Location &Water Supply / —! 4. Sprinkler Systems 5. Sprinkler Control Equipment 6. Standpipe Systems ✓ 7. Standpipe Valve Locations 8. Fire Department Connection ✓ 9. Fire Protective Signaling System 10. F.P.S.S. & Annunciator Location 11. Smoke Control/Exhaust 12. Smoke Control Equipment Location , 13. Life Safety System Features ✓ ✓ 14. Fire Extinguishing Systems �/ ✓ 15. F.E,S. Control Equipment Location 16. Fire Protection Rooms ✓ 17. Fire Protection.Equipment Signage 18. Alarm Transmission Method 19. Sequence of Operation Report 20. Acceptance,Testing Criteria ✓ -� We believe this document to be complete and compliant for the issuance of a building permit. We have completed the aceptanc testingjfor the occ pancy permit and believe that within the scope of the building permit, the4cabovees are` compli ce. 11,, i 06/09/2004, 0B:57 91bU i/ybbZJU Town of Barnstable Planning Divisli®n 200 Main Street,Hyannis,Massachusetts 02601 Thomas A. Bxoadrick,Alcp Tel: (508) 862-4786 _ Fax: (508) 862-4725 _ Director of Planning, Zoning, &Historic Preservation June 8,2004 Cotuit Oyster- C/o Edward Gargiulo,Esq. 766 Falmouth Road Mashpee,Ma. 02649 Re: SPR 029-04 Cotuit Oyster,26 Litt le River Rd, Cotuit(R053-009) d Proposal; Construct new work building with Wray,pier and ramp to ac cornliaiodate commercial aquaculture operation_ Dear Attorney Gargiulo; Please be advised that the Boil din Proposal on June 8, 2004. g Commissioner administratively approved the aforementioned. All construction shall be in compliance with the approved site plan as re fired Oyster CoMpany, b A.M. P for Cotuit Y Filson Associates, Inc, and Down Cape Bngineering .Inc., stamped signed by•�rne Fir pjala, final revision dated March 31, 2004 and entitled #26 Little River Road(Cotuit) $ar astable, Ma, Upon completion of all,work, a registered engineer'or land serve certification, made upon knowledge and belief in accordance with professional yor shall ustandards thatbmit a letter of work lies been done in substantial compliance with the aa-n that all This document shall be submitted prior to the issuance of he feral cert f,cat eo OccuSectipancy. anc7.S [7J) P Y This project has been referred to the Board. of Appeals for relief tender Section 4-4 Expansion of a Pre-existing Nonconforming Use. 5 (2) rely, Robin C. Giangregor o - Zoning& SPR Coordinator cc:ZBA flit Arlene Wilson Thomas Perry.Building Comlaissiontr ' s milssachusetts•- Department of Public Safety Board of Building; Regulations and Standards Construction Sup ervisor License License: CS 68433 Restricted tp RR I; OE00.0 '' ILIiFt R E Ir -�s, � . RO BOX , COTUIT,. Ufg2ta Expiration: 6/10/2010 l bmmis9loner Tr#: 27611 Restricted to: 00 00= Unrestricted I-1 2 Family Homes Failure to_possess a current edition of the Massachusetts State.Building Code is cause for revocation of this license. i.'Reter to: WWW.Mass.Gov/DPS ,p� �ie 1°oom��coouuea/,b4; a�✓�,aaeac�iuerlld \ Board of Building Regulations and Standards HOME IMP ,ROVEMENT CONTRACTOR RegistWIAP . 123494 t . 26/2011 Tr# 279577- �1 � e ate Corporation Gillmore Marine'o do 1 George Gillmoree �� ' 37 Bowdoin Rd JVlashpee,MA 0264� F 5 iCJig(hislrator s License or registration valid for individul use only , before the expiration date. If found return to: B,gard of Building Regulations and Standards P Ashburton Place Rm 1301 ' 00ton,Ma.02108 e ! N vali wit out signature j 9/25/09 9 : 13 : 13 AM 4170 0 03/03 Aco CERTIFICATE OF LIABILITY INSURANCE °A/25/°°IY200 C� 925/ 9 `.� `� 9 PRODUCER (508)540-2400 FAX: (508)289-4111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Murray & MacDonald Insurance Services; Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 550 MacArthur Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bourne MA 02532 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Arbella Protection Insurance 41360 Gillmore Marine INSURERBTravelers Ind. Co. OF CT 25682 PO Box 586 INSURER c Travelers Indemnity Campany 25658 INSURER D Cotuit MA 02635 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION - - LTR SRD TYPE OF INSURANCE DATE MMIDD/YYYY DATE MMIDDIYYYY -LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X1 COMMERCIAL GENERAL LIABILITY AM AG TOR N D PREMISES Ea occurcence $ 100,000 A CLAIMS MADE OCCUR 8500035198 9/15/2009 9/15/2010 MED EXP(Any one person) $ 10,000 - PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 1,000,000 X POLICYPRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ . ANY AUTO . . (Ea accident) B ALL OWNED AUTOS - -3855A605-09-SEL 9/15/2009 9/15/2010 BODILY INJURY - X SCHEDULED AUTOS ( Perperson) $ 500,000 X HIRED AUTOS BODILY INJURY $ 500,000 X NON-OVVNED AUTOS - - (Per accident). PROPERTY DAMAGE $ " (Per accident) GARAGE LIABILITY - AUTOONLY-EA ACCIDENT $ - ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY - - - - - EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE . . - - $ - RETENTION $ $ C WORKERS COMPENSATION - _ WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N O I S R - ANY PROPRIETOR/PARTNER/EXECUTIVE❑ - - E.L.EACH ACCIDENT $ 1,000,OOO - OFFICER/MEMBER EXCLUDED? (Mandatory in NH) 6KUB0702N15309 7/1/2009 7/1/2010 E.L.DISEASE-EAEMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES I EXCLUSIONS ADDED.BY ENDORSEMENTI SPECIAL PROVISIONS - Cotuit Oyster Company Cotuit MA CERTIFICATE HOLDER CANCELLATION (508)790-6230 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPIRATION . Town of. Barnstable - DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN .. Building Department - - NOTICETO THE'CERTIFICATE HOLDERNAMEDTO THE LEFT,BUT FAILURE TO Do SO SHALL - Johanna boucher 200- Main Street IMPOSE NO bBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Hyannis, MA 02601 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE S Harrington, CIC/SMH �°'`�" `1ctRr�i§ t ACORD 25(2009/01),. ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200901) The ACORD name and logo are registered marks of ACORD 3567 WY.3671 nu 269 ` 04603 I, ROBERT J. SMITH, JR. of Barnstable (Cotuit), Barn- stable County, Massachusetts, for consideration paid and in con- sideration of TWENTY-TWO THOUSAND FIVE HUNDRED ($22,500.00) eI li DOLLARS, grant to COTUIT OYSTER CO., INC., a Massachusetts r corporation having an usual place of business at Little River Road, Barnstable (Cotuit), Barnstable County, Massachusetts, with QUITCLAIM COVENANTS, a certain parcel of land situated at "Little River" in Barnstable (Cotuit), Barnstable County, Massa- chusetts, bounded and described as follows: Beginning at the Northwest corner of the granted .r premises at the Road leading Southerly to the former �+. Homestead of the late Nathan Coleman and at the Southwest corner of land conveyed to Sarah R. Gifford and running Easterly by the latter, straight to the Bay, measuring from said Road to high-water mark about one hundred and ninety-four (194) feet; Thence Southerly by said Bay about thirty-five (35) e i � feet to land conveyed to Samuel H. Childs; s 0" Thence Westerly in a straight line, parallel with � the first described or north line of lot to.said Road,� measuring from high-water mark to Road about one hundred d and seventy-four (174) `eet; and aSr r By said Road, Northerly, about thirty-five (35) feet to the point of beginning. i 2� For my title see deed of June W. Childs et al to me i dated December 28, 1966 recorded in Barnstable Registry of Deeds !, in Book 1355, Page 848. The premises herein conveyed are conveyed subject to the following restriction and resale agreement for the benefit of the Grantor herein .which, unless modified, amended or waived, AL06R a *CHILLING shall remain in force for a period of thirty (30) years from the - 1 ATTONKIV&AT UN ! - N!MAIM�tll[OT ' ..o.pox uo mnRwux.NAn.O!N!x - l bocK3671 vAu 270 d: date hereof. The Grantor hereby reserves the right to release, modify, amend and waive said restriction and resale agreement 9 at any time provided nevertheless that no amendment shall be 3, more restrictive. Said restriction and resale agreement is im- posed for the benefit of the remaining land of the Grantor situated on said Little River Road in the Village of Cotuit, f Massachusetts. ' Restriction and Resale Agreement 1. No mechanical, manufacturing or mercantile trade or business and no other business, trade or profession shall be conducted on said premises at any time except that the Grantee, its successors and assigns, may use said premises for the further- ance of their oyster business or shelifishing business or for . aquaculture including the hauling, building, repairing and storing of boats and the construction of a pier, boathouse, oyster shop, shellfish hatchery and/or storage shed. 2. The Grantee, its successors and assigns shall not sell the above-described premises or any part thereof without first offering the Grantor the right to repurchase the same at a price equal to the price offered by a bona fide prospective purchaser. In the event that the Grantee desires to make such a sale, he shall give written notice sent by registered mail to the Grantor, wherein shall be stated the name and address of the prospective purchaser and all the details of the offer made by him to purchase. The Grantor shall, not later than twenty (20) days from receipt of said written notice, notify the Grantee as to whether or not he desires to repurchase the above-described premises upon the terms stated in said written notice, and in the event he so elects to repurchase, he shall have ninety (90) days from the receipt of said written notice to complete the repurchase. The Grantor may waive said right to repurchase the said premises provided the same is in writing. �11, WITNESS my hand and seal this q 7W day of �� I 1983. _ 2 _ i Y I �ll ;t :1 , :1 i 603671 COMMONWEALTH'OF MASSACHUSETTS I Barnstable, ss. �, 1983 1. Then personally appeared the above-named ROBERT J. SMITTI and acknowledged the foregoing instrument to be his free act and deed, before me N otary Publi,017;n+:J• "'� a My commi4sion expires:/�'/''�+ 2• l - 3 - i k�tUh��EU��B a�3 !i I! 'i i BARNSTABLE COUNTY REGISTRY OF DEEDS s A TRUE COPY,ATTEST JOHN F.MEADE,REGISTER TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel' Application # Health''Division 2. . Date Issued 0 c7 zz6 Conservation Division ' Application Fee a� Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic' OKH _ Preservation / Hyannis Project Street Address lil 'I f 1 1 i VCyr K.d Village Ct Owner 4lyf_NKS6� Y oAddress L( _1 'e kilvet �A Telephone `f J Per it Request Square feet: 1 st floor: existing proposed 2nd floor: existing .proposed Total new Zoning District Flood Plain Groundwater Overlay ,g Project Valuation 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 .:3 Detached garage: ❑existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: U existing �U newx size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other:-.�- Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ � K3 Commercial ❑Yes ❑ No If yes, site plan review# NI) Current Use - Proposed-Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) -A Name Telephone Number 50 Address P0 R9 License # /ac�)9 75 Home Improvement Contractor# / 6 Worker's Compensation # 6)tq /11c)Q 3 g / ALL CONSTRUCTION DEBRIS RESULTING IROM THIS PROJECT WI L E TAKEN TO 6, rnLond-l�-111 SIGNATURE DATE FOR OFFICIAL USE ONLY APPLICATION# 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. i -� r _ JLN-15-2H10 04:44A FROM: TO:15084288441 P.3 l2e ui:)t{�ry � c) �ic es li3 �►`.) uass, .�.F1 -rNnlnas F.Geller. Qiteclar 'rn,u•+", 13uildinj; Division rotn)'crryy, Hnilslira Cor milssictler l wt�w rvx u.bara.,:rl,le.nra.lrc 1 Fax: 508-90-El30 Property. Owlirr 11llisr Complete and Sign'fhis Section 1 f 1 5ir)ep A 11))i1der ��-�� fd�0 . r.�:�.,-�L 3}f •�?f=:ili�l�^C[E)IG�1.-11�j 1 cdo 4 U P4- :e,au,on u)y behalf, r I-- Et<•:,-,:I,�•:f'=. �L/)iK c�l�)tl-..;:..1 I. 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Think Beyond j n - ' , E S-A SERIES 200, 205 & 210 W` photovoltaic panels Best power tolerance available A range of high quality String RibbonTM solar panels offering exceptional performance, cost effective installation and industry-leading environmental credentials made with our revolutionary wafer technology. •No power below nameplate Never pay for power you're not getting '' •Get up to SW more than nameplate* I' For enhanced field performance i •Industry's lowest voltage per watt rating Delivers the most cost-effective installs •UL4703 certified cables For use with the highest efficiency transformer-less inverters 1 • New extended length cables Eliminates home-run wiring New lockable connectors Complies with the latest codes for accessible arrays f ` • Most extensive range of mounting options Allows installs virtually anywhere and anyhow •Smallest carbon footprint of any manufacturer For the greenest of the green •1001/o cardboard-free packaging Minimizes job site waste and disposal costs r •5 year workmanship and 25 year power warranty*** Born in the USA I *Maximum power_up to 4 99W above nameplate aUng **Locking sleeve not supplied with the panel � �; *"For full details see the Evergreen Solar:UmKed Wairanty available on request or online ` �, , This product is designed to meet UL 1703 UL 4703;UL Fire Safety Class C IEC 61215 Ed 2 and IEC 61730,CIass A standards .•Stnng Ribbon is a patented technology and',registered trademark of Evergreen Solar Inc / J r # s _ Electrical Characteristics Mechanical Specifications Standard Test Conditions(STC)1 PANEL ID LABEL ES-A-200" 'ES A-205 :ES=A 210 ^° =fat* fa, -fat* z.z <�. o PmZ 200 205 210 WP ° , ° 1 Pt.,.. -0/+4.99 0/+4.99 -0/+4.99 W 1 JUNCTION BOX I i-`-- _ ___ (IP65) Bx 0.16 PANEL Pmp,max 204.99 209.99 214.99 W S RIAL NUMBER GHOLEROUNDING o 0 ( Pmp, in 200.00 205.00 210.00 W Timin 12.7 13.1 13.4 % ° o Pptc3 180.6 185.2 189.8 W (,onwG.CABLES a ° PV--WIRE) Vmp 18.1 18.4 18.7 V Imp 11.05 11.15 11.23 A 4 1 `. ° Va 22.5 22.8 23.1 V a O ui lox 026 12.00 12.10 12.20 A PANEL MOUNTING HOLE I sc ID LABEL FOR V.'BOLT Nominal Operating Cell Temperature Conditions(NOCT)° ° MC-LOCKABLE TNOCT 44.8 44.8 44.8 °C 0 CONNECTORS ° Pmax 146.4 150.1 153.7 W a �_ ° Vmp 16.7 16.8 17.0 V " of N 1 CLEAR ANODIZED 1 ,yr FRAME Imp. 8.76 8.93 9.04 A ° ALUMINUM FRAME o DRAINAGE HOLE V. I 20.5 20.7 21.0 V '° ° .11 Isc 9.60_ 9.68 9.76 A 1 I- 1.B(W.02/-0) 375 y-0.1t �I j 1000 W/m',25°C cell temperature,AM 1.5 spectrum; All dimensions in inches;panel weight 41 Ibs 'Maximum power point or rated power 3 At PV-USA Test Conditions:1000 W/m2,20°C ambient temperature, t m/s wind speed Product constructed with 114 poly-crystalline silicon solar cells, anti-reflective I. 800 W/m',20°C ambient temperature,t 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-matt blue(textured)cells anodized aluminum frame.Product packaging tested to International Safe Transit i Association(ISTA)Standard 28. 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 ! rights can be derived from this product information sheet and Evergreen Solar i Temperature Coefficients assumes no liability whatsoever connected to or resulting from the use of any. a % . information contained herein. Pmp -0.45 %/°C ' a Vmp -0.43 %/oc s a Imp -0.02 %/°C a V« -0.32 %/°C a Isc -0.003 %/°C System Design Series Fuse Ratings 20 A { Maximum System Voltage(UL) 600 V j s Also known as Maximum Reverse Current. - 1 QELECTRICAL EQUIPMENT CHECK WITH YOUR INSTALLER ES-A_200_205_210_US_010908;effective September 1 s'2008 W or644e bl atlgdarters m Customer Service Americas antl AsLa 138 Bartlett Street:;Marlboro MA 01752 USA 138 Bartlett Street Marlboro MA01752 USA Evergreen Solar,Inc T.+1 508,357 2221 F +7 508 229 0747 T+1 508 357 222] F +1 508 229 0747 wwwevergreensolarcom info®evergreensolarcom sales�evergreersolarcom ltC" fwx `Rolm- O®FIF i V I I C I $ ASSOCIATES Structural t Engineers Professional Solar.Products,Inc. - - 1.551 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:. . Minimum Module Maximum Frame Maximum Frame' Load Equivalent Wind Speed Mounting System Manufacturer Length*(in.) Width'On.) Frame Obs/H) (mph)** Height*(in.) ' Rooffrac0 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)RoofTrace support rails using an assembly of 5/16",stainless steel bolts, lock washers and proprietary aluminum clamps and inserts.The RoofTra&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".x 3"Stainless Steel lag bolts.The attachment spans consisted of 48"front to rear with structural attachments spaced 48"on center. r _ _. w .-. .. , TEST PROCEDURE(as shown in attached drawing detail:-The test setup was top loaded to 55 lb/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 Ib/ft2.The setup remained loaded for an approximate period of 30 minutes.The 'maximum deflection acid any signs of permanent deformation were recorded., TEST RESULTS: _._ ,• !_ .._w. . .. _ . _.. _ . 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: .This document certifies the RoofTrac®mounting system used with Evergreen modules,as NOT TO BE SUBSTITUTED''' `specified above,'withstands a 55 Ib/ft2 static pressure load,equivalent to a wind speed of WITH STANDARD STRUT approximately 130 mph**. The mounting system'performed as expected. COUNTERFEIT PRODUCT.. Sincerely, ) i lames R.Vinci;S.E. This engineering report verifies that Vinci&Associates has provided independent observation for load testing as describ in this report. resu f this load test reflect actual deflection values and are generally accepted as the industry standard for testing module mountinged systems. Vinci c' t does not field check Installations or verify that the mounting system is installed as described in this engineering report To assist the building inspector in verifying the authenticity of this proprietary mounting system,a p ane adhesion,silver reflective'Roof rrac®"label,as shown,is. placed on at least one of the main su ra I Structural attachment:"Lag bolt attachment should be installed RVV/ T�� using the proper' pilot hole for optimum strength.A 5/16"lag bolt requires a 3/16"-pilot hole.It is the responsibility of the installer to insure a proper e�eo,4� 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. This office does not express an opinion as to the load bearing characteristics of the structure the mounting' S system/modules are being installed on. ICC accredited laboratory tested structural attachments manufactured by Professional Soler Products(including but �.not limited to Fastiacks,TileTracs.and Foamlack®)can be interchanged with this system. I v, 2 1.^. *Modules measuring within stated specifications are included in this engineering **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(CSC) 3.1324, V1;A-c0LINA$,,STE 101 WESTLAKE VILLAGE, CA 9136 C.i Pj Page t of 2 PSP:RT EG_2 I�-- Qr — ! 37.5- -)..KX - s 7 XfXr t - I 136" Building Department Note: NOT TO BE SUBSTITUTED WITH STANDARD STRUT OR COUNTERFEIT PRODUCT. i 5/16°Stainless - <, tj Steel Hex bolt Top Load Deflection: 0.438" ,• ,• , , 4, , . } 5/16"Stainless Steel,. ,. . .x. Lock Washer I Aluminum ProSolar Inter-Module Clamp '•°CI Ti R LA T Aluminum ProSolar Channel NutLl Aluminum ProSolar Up lift Deflection: 0.250" RoofTrac@ Support Rail 3/8"Stainless Steel Hex Bolt.and Flat Washer Aluminum ProSolar FastJack®Roof Attachment -- 5/16"Stainless Steel Lag Bolt d, `,�±'`Y and Flat Washer s;:;;_ V. Professionai sotarProducts Roomrse PatenX 6,360,491 Rooffrace Photovoltaic mounting system Evergreen Solar odules Static load test illustration Page 2 of 2 . PSP:RT EG_2 B / • Off rce o Consumer ffa° and Business Regulation E 10 Park Plaza - Suite 5170 Boston,r ssa,chusetts 021.16 Home Improveontractor Registration Rwlstratian: 146276 "type: Supplement Card COTUIT SOLAR t",' Z '•u Expiration: 4/8/2011 CHRISTOPHER PETERSON A� 7 3800 FALMOUTH RD. MARSTONS MILLS, MA 02648 Update Address and return card.Mark reason for change. Address Renewal 7 Employment 7 Lost Card DPS-cAi Co 60M•0004-G101216 �lze'�aorramiaruuea��' o�✓�eraaaclYcae�i.Office of Consumer Affairs&Business.Reguladon License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: �• Office off Consumer Affairs and Business Regulation ` Rsgistratlorl:- 6�76 10 Park Plaza-Suite 5170. Expi =� i Boston, 0211 ' COTUIT SOLAKv. = CHRISTOPHER .- SJ P:O.BOX 89e ��-�'/i COTUIT,.MA 02635 Undersecretary Not vk1id without signature Massachusetts- Department of Public Safety Board of Building Regulations and Standards Construction Supenise License License: CS 102975 Restricted to:. 00 CHRISTOPHER PETERSON 41 THATCHER HOLWAY ROAD MARSTONS MILLS, MA 02648 Expiration: 10r/l2012 Commissioner Tr#: 102975 • i GRANITE STATE INSURANCE- COMPANY 0072808-00 WC 003-49-5161 013-66-0310-00 COTU 1 T SOLAR LLC CHART' Pqq Box 89 . b4 OLD SHORE RD COTU I T, MA 02635-0000 A Chards company EXECUTIVE OFFICES: SEE EXTENSION OF ITEM 1. OF THE INFORMATION PAGE-WC99061A 175 water Street New Vork. NV IMB Lf)h` , DON BUNKER INSURANCE AGCY WORKERS COMPENSATION AND EMPLOYERS PO BOX 221 LIA131` TYY POLICY INFORMATION PAGE HANOVER, MA 02339-0000 ONSURiED iS PREVIOUS PLICY NUMBS LIMITED LIA ILITY COMPANY RENEWAL 00 422 wilio¢Iflt®itiCPBAcaS RIOT sHowm move: SEE werdsiow OF ITEM 1.OF THE INFORMATION PAGE-WC990610 1T€IY4 8 POLICY PERIOD 1=1 A.P&slandard time at n[e tasureft meflTngeddrsss 6nom 03/26/10 ro 03/26/11 ITEm a A. Workers Compensation Insurance:Pan one of the policy applies to the Workers Compensation few of the states listed here: MA s. Employers tlabifftir Insurance:Part Two of the policy applies to the work in each state listed In item S.A. The I1mItS of our ifebSlty under frapT Two are Bodily Injury by Acaldent III 500,000 wh accideatt Illodliy Injury by®isease S policy.limit Bodily Injury by Disease S QQ.A00 each employee C. Miler Stma Insuravicec Part Three of the policy applies to the stag, if any, listed have: SEE ENDORSEMENT WC200306A 10. This policy includes these SEE EXTENSION OF ITEM 9.0.OF THE INFORMATION PAGE-WC990612 _ ITW4 The premlo m for ghis policy will be determlit d!by®per fiflnua6ls of Ruley,C11s01f""One, i s and Rl ing plans.All 1pforination m uivef;below is subjw to itwifiaw$Rlun an dilfange by audit. E"Me4A0 TOW &sale Ppr f silma" t;les+�ifiOafMps -- Coll®itttsmGgr Ramune all q 10MMIu mtiiteiaBion X Aenuai 3 Year �� Annual 3 Yooar• SEE EXTENSION OF ITEM 4. OF THE IINFORMATION'PAGE WC7754 TAXES/ASSESSMENTS/SURCHARGES $283 EXPENSE COWITAtyY10=fa WMEREAPPUCA®t.EBYeTAM) 8 FiA F�l@V0F1i11t9 rune ;560 PEA � - � .�..> MAL WI MAND PREMIUM 5A 9 3� , ry ..._.__---____,.. ®....7,�.a....m....._e.._....w._ —.�� .,�v..�-,ems.•--.-- --,�,��,.�.5.,,.•..:............ 93/1Z/10 ASSIUMED WISAt - tssue We �lssufaq Office Aullieriasd Repreulntatim WC W all,01 The Covintonweal th of Massachusetts Department of lttdustriati Accidents Office of Invesagadons 6001Washirigton Street Boston,MA 02111 wrvlt.rnass gov/dia Workers' Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organirationtindividuat); r Address: 1 City/State/Zip:�.}.Jll ll r i'J Vnk/� Phone.#: �7 Are y an employer7-Check:t to appropiriate.box: Type of project(required): 1.�am a employer with� 4. I am a general contractor and I employees(flit[and/or part time). a have hired the sib-contractors d ❑New construction 2.❑ I am a sole proprietor or.partner- listed on the attached sheet. 7. ❑Remodeling shipand have no employees These sub-contractors have 8. (]Demolition working for me in any capacity. employees and have workers' co msurance.t 9. ❑Building addition [Na workers'comp.insurance comp. required.] 5.[] We are a corporation and its 10.Q Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 1 LE]Plumbing repairs or additions myself[No workers'comp. right of exemption per MGL 12.0 Roof repairs insurance required.]t c. 152,§1(4),and we have no employees.[No workers' 13.0 Other WIMP.insurance required.] "Any applicant that checks box 9.1 roust also fill out the section below showing their workers'compensation policy information. t tiomeown=who submit this affidavit iridieating they an;doing all worts and then hire outside coutWors must submit a new affidavit indicaft such. tContrxctors-that check this box trust attached an additional sheet showing the name of The sub-cottraclors and state whether or note en tities have employees. If the sub-contractors have employees,they must-provide their worleW comp.policy number. l ain nip employer that is providing ivortaws'coinpeaisa&is Lisur mce for my eirlployees Redola.is the policy acid job s&e information. - � Insurance Company Name:. 1 1 . /14 Policy#or Self-ins.Lic.#9: j j� (��. ) Expiration Dattz: �ir? Q�® Job Site Address �+ -I K �C J OI City/State/Zip-W�l T 0a Attach a copy of the workere 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 fuse up to$1,500.00 and/or one-year imprisorz an;as well as civil penalties in die form of a STOP WORK ORDER and a fine of up to$250.00$day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance ggveraM verification I do Hereby certify ironer tJiepa s intdp /ties ofpei ury that the hi/bri cation provided be is ie and eorred. Si afore: Date coPhone ff. 7 4 — bak--7\0 '�3� 7 Official use-oniJ.' No not tprite hi this,area,to be corirnleteid by city or to ion official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Deparhnent 3.City/Town Clerk 4.Electrical Inspector 5:Plumbing Inspector 6.Otttcr Contact Person: Phone#: Town of Sandwich-Revised hkorh 2008 16 05/2742010 15:28 7813127208 DBLINKER PAGE 02/02 COPY W4v?mww,, DA CORD, `� r TE(MMroO(YY) ' 05/27/10. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Don Bunker Tzisux ance A enc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE g Y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 221 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Hanover MA 02339- COMPANY ' (781 ) 312-7206 ( ) - A 'Scottsdale Ins. Co. INSVREO _ COMPANY _ Cotuit Solar LLC B Arbella Protection Insurance Co. P.O. Box 89 COMPANY 64 Old Shore Rd. C Cotuit MA 02635- COMPANY D 6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.CO " LTRTYPE OF INSURANCE POLICY NUMBER DATE(M�PPOLICY M POLICY� DIN LIMITS A GENERAL LIABILTSY GENERAL AGGREGATE S2,000,000 x coMC� LIMS�E�ac R CPS1015053 06/01/09 06/01 /10 PvAs&�INauRv s1 ,000,000 X OWNERS&CONTRACTOR'S PAW EACH OCCURRENCE 51 000,000 FIRE DAMAGE(Any one fire) 8 50,000 MED EXP(W one Person) s 5,000 B AUTOMOBILE LIABILITY ANY AUTD 26916400003 0 4/3 0/10 0 4/3 0/11 COMBINED SINGLE LIMIT 51 ,000,000 ALL OWNED AUTOS BODILY INJURY 8 X SCHEDULED AUTOS (Per per—) X HIREDAUTOS BODILY INJURY x NON•BWNEOAUTOS (Peraecideq s PROPERTYDAMAGE S GARAGELUU)IUTV AUTO ONLY-EAACCIDENT 8 _ ANY AUTO / I / / OTHER THAN AUTO ONIY EACH ACOIDENT S AQGREGATE S A ExcEss uABIUTY EACH OCCURRENCE s 2,0 0 0 0 0 0 UMBRELLA FORM XSB000223 06/01/09 06/01/1 0 AGGREGATE s2,000,000 PX1 OTHER THAN UMBRELLA FORM 10, 000 s WORKERS COMPENSATION AND WCSTATU- :•i;�xsn :.:; yf>.-;:,.:• EMPLOVM'LIABILITY EL EACH ACCIDENT S THE PROPRE OW PARTNER$/c'XECUTNE , EL DISEASE-POLICY LIMIT Is OFFICERS ARE EXCL EL.owAsE-EAEMPLOYEE S OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPCCUIL r"S Installation of solar panels _... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE OMRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Massachusetts Clean Energy 3 0 DAYS WRIYTEN NOTICE TO THE CERTIFICATE HOLDER NAILED TO THE LEFT, Technology center BUT FAILURE To MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 55 Summer Street, 9th Floor OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Boston MA 02110 A O E7RESENTA 05/27/2010 15:28 7813127208 DBUNKER PAGE 01/02 LAIv G I ACORD�, • • DATE( M)OD/Yy' -05/27/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dori Bunker Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE g Y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2 21 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Hanover MA 0 2 3 3 9 COMPANY (781 ) 312-7206 ( ) - A Nautilus Ins. Co. INSURED O0INPANY Cotuit Solar LLC B Arbella Protection Insurance Co. P.O. Box 89 COWANY 64 Old Shore Rd. C Cotuit MA 02635-- COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICYNUMBER POUCYEFFECTIVE POUCYE)(PiRATION LTA GATE(MMIGAI 1n DATE(MM/DO/YY) LIMITS A GENERAL UABILITY GENERAL AGGREGATE s2, 0 0 0,0 0 0 X COMMERCIAL GENERAL LIAmuTY T/b/A 0 6/01/10 0 6/O 1 /11 PRODUCTS-comp/OP Am s2,0001000 ` .CMS MADE a OCCUR PERSONAL$ADV INJURY $1 ,000,000 X OWNERS 5 CONTRACTOR'S PROT EACH OCCURRENCE S 1 ,000,00T FIRE DAMAGE(Anyone fire) b 5 0,0 0 0 M140 EV Am ore person) s 1 5,000 B AuTOMo81LE Lima" ANY AUTO 26916400003 04/30/10 04/30/11 COMBINEOSINGLELINdT 91 ,000,000 ALL OWNED AUTOS X SCHEDULEOALITOS (Per INJURY) S X MMDAUTOS" BODILY INJURY S X NON-OWNEOALIMS (P«accidenU PROPERTY DAMAGE 9 GARAGEUABIUTY AUTO ONLY-FAACCIDENT S ANY AUTO I / I / OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE $ A ExcESS UABIUTY EACH OCCURRENCE s2,000,000 UMBRELLA FoRM T/B/A 0 6/01/1 0 0 6/01 /1 1 AGGREGATE X OTHER THAN UMBRELLA FORM 10,000 S WORKERS COMPENSA710NAND EMPLOYFAVUABILITY EL EACH ACCIDENT S THE PROPRIETOR! INCL EL DISEASE-POLICY UMri" Is PARTNERSO(ECUTWE OFFICERS ARE: REXCL Q1 DISEASE-EA EMPLOYEE E OTHER enera Ia6t7i-ty coverage inn ies nn a i,riMary Wont-contributory basis& includes the Massachusetts Clean Energy'Technology Center,the System Owner, &as applicable the Host Customer as additional il..sured.General Liability-& Umbrella policies include coverage for independent or sub-contractors& "Residential"work_ _ ...... ......... _ ;•-• �+ ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE, EXPIRATION DATE THEREOF.THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Massachusetts Clean Energy U.DAYS WRITTEN NOTICE To THE CEATIF7CATE HOLDER NAMEOTO THE LEFT, Technology Center BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ODUCA710M OR.UABIUTY 55 Summer Street, 9th Floor OF KIND UPON THE COMPANY, IT$ AGENTS OR REPRESENTATIVES. Boston MA 02110 A OR 1ZE RE AGMTA Y.• __ I J Town of Barnstable %f 5 BARNSTABLE. - Regulatory Services Y MASS. +639. Building Division -. pjED MPS A, a 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 t Fax: 508-790-6230 Inspection Correction Notice Type of Inspection Location_ 026 Cl TTct- i U I L�: P.b C, Permit Number® Owner Builder c�',a _/5 One notice to remain on job site, one notice on file in Building Department. The following items need correcting: , / 7'� S � r 0/U E N c'rA�-Z /j , &. r�T L-k M-4- r 6:r lVo SS IV&7S Iv ,O Please call: 508-862-448 for re-i spection. r Inspected by Date )6 /5 /0 all ' 4,X� is� AUCALLISTER BUILDING,LLC /'— o 64 Ebenezer Road GENERAL CONTRACTOR s Osterville,MA 02655 Licensed C?Insured 508-889-2441 BUILDING July 29,2010 Mr.Bob Mckechnie 200 Main Stree Hyannis,MA 02601 Bob, Please find along with this cover letter three sheets of paper in regards to the Cotuit Oyster Company project located at 26 Little River Road in Cotuit. The first sheet is a revised sketch showing the changes in the ceiling/collar tie fi-aming details. You will notice the engineer refers to the original drawing S-1, dated 7-20-04 to.show the difference as well as to attach it to the original stamp. The second item is two pages stapled together regarding the elevation certification per 780 CMR 120G. Thank you Mark Macallister SANDWICH COLLAR TIE BETWEEN 'TWO RAFTERS AND INSTALL TWO 1/2" BOLTS PLYWOOD SUBFLOOR TWO 200 FLOOR JOIST ® 4' SPACING SANDWICH AND BOLT TO RAFTER AS SHOWN. 200016" INFILL FLOOR JOISTS NAILED TO RAFTERS 0 0 0 0 i IIIII IIIII ll ilil li�i ilil Iili III SECTION 2 OF 2 IiI UPPER FLOOR .LOAD LIMITED TO 30 PSF REFER TO ORIGINAL 'DRAWING S-1 , DATED 7,-20-04 JAMES C. SCHROCK, P.E. CIVIL 8�STRUCTURAL ENGINEERING Cotu It Oyster, Company 45 Starlight Lane Phone(508)240-1319 #26 Little River Road Cotuit, MA Eastham,MA 02642 jim@jimschrock.com JULY 29, 2010 U.S.DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE OMB No. 1660-0008 Federal Emergency Management Agency I Expires March 31,2012 National Flood Insurance Program Important: Read the instructions on pages 1-9. SECTION A-PROPERTY INFORMATION For Insurance Company Use: Al. Building Owner's Name COTUIT OYSTER CO.INC. Policy Number A2. Building Street Address(including Apt., Unit,Suite,and/or Bldg.No.)or P.O. Route and Box No. Company NAIC Number 26 LITTLE RIVER ROAD City COTUIT State MA ZIP Code 02635 A3. Property Description(Lot and Block Numbers,Tax Parcel Number,Legal Description,etc.) BARNSTABLE ASSESSORS MAP 53 LOT 009 A4. Building Use(e.g.,Residential,Non-Residential,Addition,Accessory,etc.)NON-RESIDENTIAL A5. Latitude/Longitude: Lat.41-37-28.29 Long.70-25-30.23 Horizontal Datum: ❑ NAD 1927E NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. AT Building Diagram Number 5 A8. For a building with a crawlspace or enclosure(s): A9. For a building with an attached garage: a) Square footage of crawlspace or enclosure(s) NA sq ft a) Square footage of attached garage NA sq ft b) No.of permanent flood openings in the crawlspace or b) No.of permanent flood openings in the attached garage enclosure(s)within 1.0 foot above adjacent grade NA within 1.0 foot above adjacent grade NA c) Total net area of flood openings in A8.b NA sq in c) Total net area of flood openings in A9.b NA sq in d) Engineered flood openings? ❑ Yes E No d) Engineered flood openings? ❑ Yes E No SECTION B-FLOOD INSURANCE RATE MAP(FIRM)INFORMATION B1.NFIP Community Name&Community Number T132.County Name B3.State BARNSTABLE 250001 BARNSTABLE MA B4.Map/Panel Number B5.Suffix B6.FIRM Index B7.FIRM Panel B8.Flood B9.Base Flood Elevation(s)(Zone 250001 0018 D Date Effective/Revised Date Zone(s) AO,use base flood depth) JULY 2, 1992 JULY 2, 1992 A13 12.0 610. Indicate the source of the Base Flood Elevation(BFE)data or base flood depth entered in Item B9. ❑ FIS Profile E FIRM ❑ Community Determined ❑ Other(Describe) Bl 1. Indicate elevation datum used for BFE in Item B9: E NGVD 1929 ❑ NAVD 1988 ❑ Other(Describe) B12. Is the building located in a Coastal Barrier Resources System(CBRS)area or Otherwise Protected Area(OPA)? ❑ Yes E No Designation Date ❑ CBRS ❑ OPA SECTION C-BUILDING ELEVATION INFORMATION(SURVEY REQUIRED) Cl. Building elevations are based on: ❑ Construction Drawings* ❑ Building Under Construction* E Finished Construction *A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations-Zones Al-A30,AE,AH,A(with BFE),VE,V1-V30,V(with BFE),AR,AR/A,AR/AE,AR/A1-A30,AR/AH,AR/AO. Complete Items C2.a-h below according to the building diagram specifled in Item AT Use the same datum as the BFE. Benchmark Utilized SMSVertical Datum NGVD29 Conversion/Comments NA Check the measurement used. a) Top of bottom floor(including basement,crawlspace,or enclosure floor)12.60 E feet ❑meters(Puerto Rico only) b) Top of the next higher floor NA. ❑feet ❑meters(Puerto Rico only) c) Bottom of the lowest horizontal structural member(V Zones only) NA. ❑feet ❑meters(Puerto Rico only) d) Attached garage(top of slab) NA. ❑feet ❑meters(Puerto Rico only) e) Lowest elevation of machinery or equipment servicing the building 12.6 E feet ❑meters(Puerto Rico only) (Describe type of equipment and location in Comments) f) Lowest adjacent(finished)grade next to building(LAG) 5.0 E feet ❑meters(Puerto Rico only) g) Highest adjacent(finished)grade next to building(HAG) 9.9 E feet ❑meters(Puerto Rico only) h) Lowest adjacent grade at lowest elevation of deck or stairs,including 4.8 E feet ❑meters(Puerto Rico only) structural support SECTION D-SURVEYOR, ENGINEER,OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor,engineer,or architect authorized by law to certify elevation information. I certify that the information on this Certificate represents my best efforts to interpret the data available.) ®11,*A A AAa understand that any false statement maybe punishable by fine or imprisonment under 18 U.S. Code,Section 1001.E ► LjH�r/ V Check here if comments are provided on back of form. Were latitude and longitude in Section A provided by a ► �aE� �2SS licensed land surveyor? E Yes ❑ No �� PrG,I° E4Fogy tE Certifier's Name STEPHEN DOYLE License Number 37559 j SPHE N �, HF-REDO � ► Title LAND SURVEYOR Company Name STEPHEN DOYLE&ASSOCIATES 37 o Address 42 CANTER RY LANE City EAST FALMOUTH State MA ZIP Code 02536 e � s s i��PP s• Signature • to 07-26-10 Telephone 508 540-2534 A►►►9.:v�a�®e� FEMA Form 81-31, Mar 09 See reverse side for continuation. Replaces all previous editions 'IM'PdRUNT: In these spaces,copy the corresponding information from Section A. For Insurance Company Use: Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Policy Number 26 LITTLE RIVER ROAD City COTUITState MA ZIP Code 02635 Company NAIC Number SECTION D-SURVEYOR, ENGINEER,OR ARCHITECT CERTIFICATION(CONTINUED) Copy both sides of this Elevation Certificate for(1)community official,(2)insurance agent/company,and(3)building owner. Comments BUILDING UTILITIES ARE LOCATED ABOVE FIRST FLOOR(ELEV. 12.6') Signature Date 07-26-10 ❑ Check here if attachments SECTION E-BUILDING ELEVATION INFORMATION(SURVEY NOT REQUIRED)FOR ZONE AO AND ZONE A(WITHOUT BFE) For Zones AO and A(without BFE),complete Items El-E5. If the Certificate is intended to support a LOMA or LOMR-F request,complete Sections A,B, and C. For Items El-E4,use natural grade,if available. Check the measurement used. In Puerto Rico only,enter meters. El. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade(HAG)and the lowest adjacent grade(LAG). a)Top of bottom floor(including basement,crawlspace,or enclosure)is ❑feet ❑meters ❑above or❑below the HAG. b)Top of bottom floor(including basement,crawlspace,or enclosure)is ❑feet ❑meters ❑above or❑ below the LAG. E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9(see pages 8-9 of Instructions),the next higher floor (elevation C2.b in the diagrams)of the building is ❑feet ❑meters ❑above or ❑below the HAG. E3. Attached garage(top of slab)is ❑feet ❑meters ❑above or ❑below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is ❑feet ❑meters ❑above or❑below the HAG. E5. Zone AO only: If no flood depth number is available,is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? ❑Yes ❑ No ❑ Unknown. The local official must certify this information in Section G. SECTION F-PROPERTY OWNER(OR OWNER'S REPRESENTATIVE)CERTIFICATION The property owner or owner's authorized representative who completes Sections A,B,and E for Zone A(without a FEMA-issued or community-issued BFE) or Zone AO must sign here. The statements in Sections A,B,and E are correct to the best of my knowledge. Property Owner's or Owner's Authorized Representative's Name Address City State ZIP Code Signature Date Telephone Comments ❑Check here if attachments SECTION G-COMMUNITY INFORMATION(OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A,B,C(or E), and G of this Elevation Certificate. Complete the applicable item(s)and sign below. Check the measurement used in Items G8 and G9. G1.❑ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor,engineer,or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2.❑ A community official completed Section E for a building located in Zone A(without a FEMA-issued or community-issued BFE)or Zone AO. G3.❑ The following information(Items G4-G9)is provided for community floodplain management purposes. G4.Permit Number G5. Date Permit Issued G6. Date Certificate Of Compliance/Occupancy Issued G7. This permit has been issued for: ❑New Construction ❑Substantial Improvement G8. Elevation of as-built lowest floor(including basement)of the building: ❑feet ❑meters(PR)Datum G9. BFE or(in Zone AO)depth of flooding at the building site: ❑feet ❑meters(PR)Datum G10.Community's design flood elevation ❑feet ❑meters(PR)Datum Local Official's Name Title Community Name Telephone Signature Date Comments ❑Check here if attachments FEMA Form 81-31, Mar 09 Replaces all previous editions TOWN 4F BA NSTABLE of TH 11 E T� Town of Barn. ' A : 2 � s �a� � BARNSTABLE, MASS.3 i679• Board of Health �O �� ArED MAt A, 200 Main Street, Hyannis M @Z6'_0jCN Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 PaulJ.Canniff,D.M.D. Junichi Sawayanagi REVISED October 14,2009 REVISED August 31, 2008 REVISED: June 24, 2008 REVISED: April 29, 2004 Building Relocation,Plan revision date ORGINAL LETTER:February 26,2004 Ms. Arlene Wilson A.M. Wilson Associates, Inc. 20 Rascally Rabbit Road p( Unit 3 Marstons Mills, MA RE: 26 Little River Road, Cotuit, MA A= 053-009 Dear Ms. Wilson, You are granted conditional variances on behalf of your client, Cotuit Oyster Company Inc., to install and utilize an incinolet toilet and. a grey water disposal system at 26 Little River Road, Cotuit. The variances granted are as follows: 3.1.0 CMR 15.211(1): The septic tank will be located four feet away from the property line, in lieu of the ten (10) feet minimum separation distance . required. 310 CMR 15.211(3):.The soil absorption system will be located 13 feet away. from a coastal bank,in lieu of the fifty feet minimum separation distance required per the State Environmental Code, Title 5. 310 CMR 15.211(3): The reserve area for the soil absorption system.will be located two (2) feet away from a coastal bank, in lieu of the fifty feet minimum separation distance required per the State Environmental Code, Title 5.. PART VIII, SECTION 1.00: The soil absorption system will be located 13 feet away from a coastal bank, in lieu of the one-hundred (100) feet minimum separation distance required per the Board of Health Regulation. PART Vill, SECTION 1.00: The reserve area for the soil absorption system will beylocated two (2) feet away from a coastal bank, in lieu of the one- Q:\WPF[LES\WilsonArleneCotuit OysterRevisedOct2009.doc Page 1 o f\2 hundred (100) feet minimum separation distance required per the Board of Health Regulation. PART VIII,.SECTION 1.00: The septic tank will be located_69..9_feet away from.a bordering vegetated wetland, in lieu of the one-hundred (100) feet minimum separation distance required per the Board of Health Regulation. PART Vlll, SECTION 1.00: The pump chamber will be located 94 feet away from a bordering vegetated wetland, in lieu of the one-hundred (100) feet minimum separation distance required per the Board.of Health Regulation. These variances are granted with-the following conditions: (1) The applicant must obtain variance approval(s) from the MA DEP prior to obtaining a disposal works construction permit. (2) The applicant shall record a properly worded deed restriction, signed by the owner of the property, at the Barnstable County Registry of Deeds restricting the property to non-residential use. A copy of the recorded deed restriction shall be submitted to the Health Agent prior to obtaining a disposal works construction permit. (3) The incinolet toilet shall be installed in strict accordance with the State Plumbing Code. (4) The vent pipe shall be installed with the opening to the south. (5) The grey water disposal system shall be installed in strict accordance with the submitted plans originally dated August 12, 2003, with a revision date of May 27, 2008 and signed by Robert A. Drake, P.E. (6) The designing,;engineer shall supervise the construction of the onsite sewage disposal system and shall certify in writing to the Board of Health that the system was installed in substantial compliance with the original plans dated August�,12, 2003, with a revision date of May 27, 2008.and signed by Robert A. Drake, P.E. These variances are granted because the physical constraints at the site severely restrict the location of the.'grey water disposal system due to the close proximity of a coastal bank and a bordering vegetated wetland. .Sincerely yours, ayne Miller, M.D. Chairman Cc: Robin Giangregorio/,Edward Jenkins/Thomas Perry QAWPFILES\WilsonA'rleneCotuit OysterRevisedOct2009.doc Page 2 o f\2 ` TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION . //-- - Map v> Parcel Application # Health Division Date Issued Conservation Division Application F Planning Dept. `.. Permit Fee M Date Definitive Plan Approved by Planning Board ' Historic - OKH _ Preservation / Hyannis Project Street Address Village C Owner a b Address 0 '9, Telephone Permit Request G fr Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation 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 HOME-O_WNER) Name. 80 r' Telephone Number Address (y License# C_`_ r-,-2 C7 331? Home Improvement Contractor# 33`7 7 Worker's Compensation # (k US--Of 27 OrLA-10 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE ✓ DATE /I FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: ? FOUNDATION FRAME INSULATION FIREPLACE / p�k ELECTRICAL: ROUGH FINAL spy PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. °FZHEr Town of Barnstable Regulatory Services BHA I.E MASS. Thomas F.Geiler,Director MASS. A Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 /4 NOTICE TO THE BUILDING DIVISION OF ;CHANGE OF LICENSED CONSTRUCTION SUPERVISOR owner of property located at VL& - � L , hereby certify that is no longer Construction Supervisor listed on the application for the project under construction as authorized by building permit#a 0)60 OLfgS iZed on 200/'�A- I.understand that the project under construction must cease until a successor licensed Construction Supervisor, is submitted on the records oft e Building Division. Sk6 IO PROPERTY OWNER DATE . q/forms/newcontr reference R-5 780 CMR rev:080102 °FIKE loy� 'down of Barnstable Regulatory Services 9BMAnAMSTABMg Thomas F. Geiler,Director E169..� Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 NOTICE TO THE BUILDING DIVISION OF LICENSED CONSTRUCTION SUPERVISOR ASSUMPTION OF RESPONSIBILITY , Construction Supervisor License. # hereby certify that I have assumed responsibility for the project under construction, as authorized by building permit# C�©C ffogc� issued to (property address) on , 200 9. The following documents are attached: copy of my Massachusetts State Construction Supervisor's license or Homeowner's License Exemption form(if applicable) copy of my Home Improvement Contractor registration (if applicable) Commonwealth of Massachusetts Workers' Compensation Insurance Affidavit. Road Bond (if applicable) C/ro— LICENSE HOLDER DATE NRY--19-2010 11:3'3P FROM: TO: 15,%4295529 F.2 .['own of* Bailistable Regulatory Services • un.tvn+orrAniL Tlioma5 F.Geiln-, Director "reo�uy► Building Division Coin Perry,BUildiiig Comnussioner ' 200 1�4ni.n Street,flya minis,MA 02:�Ol wticw.tuwn.b:errirlirl'r1c.m�.uS Office: 5:08-862-403l3 Fav 508-790.6230 Property Owner Must Complete and Siga This Sectioa If US Y 9 .111uj-ldcc. 1 .• a,as Chitler;.if the subject property hereby aut�:Qi77..^ to au i3r1 I11V1�(ililli, llY A matters reladve to'w-m'K a,UhoriZr.d lay this 1.»111tli.ni perlliit ......fiver Ld Uli ffr�,/ (Adjtcss of Job) _rnaqla, �J1d SiF na`ur o Uwner Date Print Nanic if Pro �_ Owner is applying for pcnWt please cony lcte the �....�'._._ - Ply , � � i I' ' Homeownecs I.ic0nse FzemplJon Forin on dic reverse side. i:C:Kl 9 U`�1�k':3�3'F Rl::1S)fiN - TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY TYPE AR INFORMATION PAGE WC 00 00 01 ( A) POLICY NUMBER: (GKUB-0187,N49-A-1O)' RENEWAL OF (6KUB-0187N49-A.709) INSURER: THE TRAVELERS INDEMNITY COMPANY 1 NCCI CO CODE: 11347 INSURED: PRODUCER: MACALLISTER BUILDING LLC FAIR INS °AGCY 64 EBENEZER ROAD 619 MAIN STREET OSTERVILLE MA 02655 P 0-BOX 430 CENTERVILLE 'MA 02632' Insured is A LIMITED. LIABILITY COMPANY Other work places and identification numbers are shown in the schedules) attached 2. The policy period is from 03=01.-1.0 to 03-01 ', 1 12:01 A.M. at the insured's mailing address, 3. A WORKERS:COMPENSATION INSURANCE Part One,of the policy applies to the Workers Compensation Law of the state(s) listed here: MA`, t B. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies to work'in each state listed in item 1A. The limits of our liability under Part Two are: . Bodily Injury by Accident: $ 100000 Each Accident Bodily Injury by Disease: $ 500000 Policy Limit Bodily Injury by Disease: $ • 100000 Each Employee C. .OTHER STATES-INSURANCE: Part Three of the policy applies to the states, if any, listed here: .� COVERAGE REPLACED BY ENDORSEMENT WC 20. 03 06A . D. This policy includes these endorsements and schedules: Y SEE LISTING OF-ENDORSEMENTS - EXTENSION. OF INFO PAGE 4. The premium for this policy will be determined by our Manuals of Rules; Classifications, Rates and Rating Plans' All;required information is subject to.verification and change by audit to be made ANNUALLY. DATE OF ISSUE: 03-1 1 ,1 0' WC, ST 'ASSIGN. MA .,OFFICE:, ORLANDO' INDUS AFF °'161 Tire Commonwealth of Massachusetts' Department of Industrial Accidents Office of Investigations 600 Washington Street t Boston, MA 02111, . . www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): Address: (2� City/State/Zip: r > > U ( S Phone #: 5-D '— C, bg k��o Are yo n employer? Check he appropriate box: . Type of project(required): 1. 4. I am a general contractor and'I I am a employer with - 6.•'[�'�Iew construction employees(full and/or part-time).* have hired the sub-contractors ❑ . listed on the attached sheet. 7.• 0 Remodeling 2. I am a sole proprietor partner- ship and have no employees These sub-contractors have g, 0 Dernohtion working for me in any capacity. employees and have workers' 9 Building addition e workers comp.insurance.1 comp. insurancerq required.] 5. 0-We are a corporation and its I0.[] Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their I I.0 Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.]t c: 152,§1(4);and we have no ' _ employees. [No workers' 13.❑ Other comp.insurance required.] f' *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 such. tContractors that check this box must attached an additional shoot 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 workers'comp:policy number. r I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information Insurance Company Name: f V-k-!LPl Policy#or Self-ins.Lic.M kU —�707 N LA=ATn Expiration Date: : Job Site Address:�J-( L,'� 0-Soc-A City/State/Zip:(` y `t1 041h, 0 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 a fine of up to$250.00 a day against the violator.I Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certi under t S pains and pen ti s of perjury that the information provided above is true and correct. t ature..ed!? Date: S /7G Phone# 15n P —1 14 9— 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 1"City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other :. Cohtact Person: Phone#:" , Information and rnstru,c ions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an einplo),ee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An.employer is defined as "an individual,partnership, association,corporation or other legal entity, or any two or more er or the to . deceased employer,of the foregoing engaged m a Joint enterprise, and.including the legal representatives of a p y ` ever the trustee of an individual partnership, association or other legal entity, employing employees. However rec eiver or owner of a dwelling house having not more than three apartments and who resides therem,.or the occupant of the dwelling house of another who employs persons to do maintenance, constriction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that' every state or Iocal licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance -en presented to the contracting authority." requirements of this chapter have b Applicants Please fill out.the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub=contractors)name(s), addresses)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 uestions regarding the law or if you are required to obtain a workers' u have an g c'denis. Should o y q g . .Industrial Ac � Y sation Policy, lease call the Department at the number li sted below. Self-insured companies should enter their com en y,p P P self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event.the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permi0license number which will be used as a.reference number. In addition,an applicant that must submit multiple perrnitRicense applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site.Address" the applicant should write"all locations in (city or town)."-A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to an le business or commercial venture (i.e. a dog license or permit to bum leaves etc.) said person is NOT required to compete 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 of Investigations 600 Washington Street Boston, MA 02111 Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE Fax # 617-727-7749 Revised 4-24-07 www.inass.gov/dia tilastcbnsctt� Qcp tr lmcnt of Public 'IVBo 'Build Rc�r C<:- utaNimS ;tnd tit:�nifi►�ti. : onstruction Supervisor License License: CS 79358 Restricted to: 00 MARK A MACALLISTER' 64 EBENEZER RD O,STERVILLE; MA.02655 } ('nnnris�i+riir Expiration.' 8/12/2010 - T,°-: 606 V. r, c�� ae anvnzaruueall/r, o�✓��uaelta _-_ �.r._� � �� Ofriee of Consumer Affairs&Business RegWatia: License or►egistration val HOME IMPROVEMENT CO id for indw►dut use onl 5 s _ CONTRACTOR id the expiration date. found return to: = Registration:, 133744 Office of Consumer Affairs and Business Regulation Expirat►on: 8/3/2011 Tr# 287245 10 Park Plaza-Suite 5170 Type: DBA Boston,MA 02116 MACALLISTER BUILDING".:. MARK MACALLISTER 64 EBENEZER ROAD OSTERVILLE, MA 02655 Undersecretar _ y. Not valid without signature e •i PROJECT NAME: UtPj CIL,q �u 1 ADDRESS: v PERMIT# PERMIT DATE: M/P: 6 ZJ;3 QQcl LARGE ROLLED PLANS ARE IN: BOX SLOT Data entered in MAPS program on: BY: q/wpfiles/archive Fuca S�zE �cciea t � /g 'zone �zon� sBQunc�rc� !0 ��4ST�N C.()GE of i 00 ASSESSORS MAP 53 PARCEL 009 REFERENCE DEED: 3671-269 FEMA ZONE: "A13" (BFE-12) "V17" (EL. 15) FIRM PANEL: 250001 0018 D Q MAP REVISED: JULY 2, 1992 Q " PARCEL 9 7,047t S.F. TO MHW .. Li c 50.0 p 229 t TO MNW _> 70.6 T n.CONS UCNT p pHER D ECPILES I,l 1_ OF WETLAND ---------__- �i� 18 J Ot TO MHW I CERTIFY THAT THE STRUCTURE IS SHOWN ON THE PLAN AS IT EXISTS ON THE GROUND. FOUNDATION CERTIFICATION Prepared For . .► �M OF 4fA8.. .� �p%STEgF .f �, COTUIT OYSTER CO. INC. PSTEPHEN - - In - #3 Cotuit, Massachusetts i �soF SS%o Scale: 1"=20' Date: May 19, 2010 S VEy _ Prepared By. Stephen J. Doyle and Associates 42 Canterbury Lone, East Falmouth MA 02536 Telephone 508 540-2534 ajdaurvey®aol.com 3 TOVIN OF S IRNISTA LE f,., 19 fro 3 'V J3 `i • ram,.,. _.. .._ ,- _ ' y ,t . :. TOWN OF BA.RNSTAB E A.M.Wilson Associates Inc. r.==- s September 1, 2009 Tom Perry, Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Cotuit Oyster SPR 001-09 2 61 26 Little River Road, Cotuit (Our File No. 2.1240.00) Dear Mr. Perry; In accordance with the requirement of the 2/10/09 Site Plan Approval, attached please find the proposed construction detail for the shell drive and parking area at 26 Little River Road, Cotuit. Please don't hesitate to call if you have any questions. Yours, A. M. WILSON ASSOCIATES, INC. Arlene M. Wilson, PWS' Principal Environmental Planner cc: Chris Gargiulo 20 Rascally Rabbit Road Unit 3 508 420-9792 Marstons Mills, MA 02648 FAX 508 420-9795 TOWN OF BARNSTABi E Town of Barnstable p °pSHET M F} .�. 59 °eti 200 Main Street, Hyannis, Massachuset 02 V1 9 BAMfMSABLE, Growth Management Department JoAnne Buntich..Interim Director `bA t639' 367 Main Street,Hyannis,Massachusett 0Tfi 11 Phone(508)862-4785 Fax(508)862-4725 www l;IIIi barcisiable.ma.us February 10, 2009 Cotuit Oyster Company, Inc. c/o A. M. Wilson Associates, Inc. 20 Rascally Rabbit Road Marstons Mills, MA 02648 Reference: - Site Plan Review# 001-09 Cotuit Oyster Company By Order of Remand to ZBA 26 Little River Road, Cotuit,MA Map 053, Parcel 009 Dear Sir: Please be advised that at the formal site plan review meeting of January 22, 2009, the above proposal was found to be administratively approvable to move forward to the Zoning Board of Appeals subject to the following: • Approval is based upon plans entitled, "#26 Little River Road, (Cotuit) Barnstable, MA", 4 Sheets, prepared for Cotuit Oyster Company, dated February 24, 2003 with last revision to Sheet 1 on June 1, 2008 and last revision to Sheets 2-4 on May 23, 2008 in conformance with related Settlement Agreement, prepared by A. M. Wilson Associates Inc., Marstons Mills, MA; plans entitled, " Cotuit Oyster Company 26 Little River Road; Cotuit, MA, Floor Plan, Exterior Elevations, Sections &Details", dated September 2004, revised June 18, 2008, 2 Sheets,by Akro Associates Architects, Hyannis, MA; plan entitled,.`Cotuit Oyster Company, #26 Little River Road, Cotuit, MA Pile Foundation and Framing Plan" dated July 20, 2004, prepared by James C. Schrock, PE, Eastham, MA; and contents of Site Plan Review Application package submitted January 6, 2009. • Applicant must comply with all Board of Health variance conditions and Conservation Commission decision. Including, but not limited to the provision that the Board of Health variance will become void if this commercial shellfish business at the site is abandoned. • Detailed cross section of proposed shell & gravel surfaced parking lot will need to be provided to assure adequate support. • The use of vegetable oil as hydraulic fluid substitute in the onsite mechanical lift, as proposed, in order to reduce contamination in the event of failure is required. • Trash must be contained in an area out of view from abutting properties and taken to the dump at reasonable intervals as proposed. • Applicant must obtain all other applicable permits, licenses and approvals required, including,but not limited to, signage and the granting of relief remanded to the Zoning Board of Appeals. • If plans should change due to the Zoning Board of Appeals decision, the applicant must submit final plans to the Site Plan Review Committee which reflect the decision of the Zoning Board. • Upon completion of all work, a registered engine_r or land surveyor shall submit a letter of certification; made upon knowledge and belief in accordance with professional standards that all work has been done in substantial compliance with the approved site plan (Zoning Section 240-104 (G). This document shall be submitted prior to the issuance of the final certificate of occupancy. Sincerely, Ellen M. Swiniarski, SPR Coordinator CC: Tom Perry,Building Commissioner Y SPR File ZBA File WIDTH AS SPECIFIED V-00 LEVEL PROP. 4" LOAM BORROW & SEED PROP. 3" CRUSHED SEASHELLS PROP. 8" COMPACTED GRAVEL TYPE B (MHD SPEC 1.03.0) CRUSHED SEASHELL - DRIVE OF �q p RC BERTA. � DRAKE f CIVIL 0. 9N 2 �