Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1372 MAIN STREET (COTUIT)
., � ` , � � 'i � ._ �.•a � =al - l � 3 91 REFERENCES: Main33' Wide — County Layout) Street Assessors Map: 0.33 N 27°59'00" E — Parcels: 024 & 046 52..36' 70.000'i / ZONE:RF �- Setbacks: Front: 30'm in Side: 15'min o v�, 0 Rear. 15'min Qo z U0 N 10� FEMA ZONES: ) DO IN..O; �co o °�� , N X, 0.2% Chance, AE(EL 12), VE(EL 16) Based on Map # o 25001CO752J NeW.ConCr t@ July 16, 2014 Foundation 1-112 Sty w/f NOTES: Guest House ••••...""'. \ 1.) The structures shown were located on Form6r''' : the ground by conventional survey Metal Shed Q 3 methods on 13/MAR/13 and 15/MAR/18. M w 2.) The property line information shown Lot Al Area Summary hereon was compiled from available 0 99,516fSF Upland record information. 8.5636±SF Wetland 3 108,079±SF - 2.48±AC Total 0 (Per Plan) 3.) This plan is not for recording and is not to be used for construction layout or o Former House deed description purposes. s 3 Location I certify that the new concret m e foundation shown s C hereon conform to the =� % setback. requirements of the N ;1�-1/2"sty w/f t`, Zoning Bylaws of the town - Dw - elling o a yr"V �c� of Barnstabl . - ----- 0 ;................. ..... i....... a Q��� 1%Of 04a�,c 3 RICHARD R. r o` L'HEUREUX o z o c,, p NO. 34312 z ° c ,o Tba� W LAND gJP s ° o a o m o 03 N \ 11 `D o d \ PLOT PLAN OF NEW FOUNDATION Q\ At 1372& 1376 Main Street Not BARNSTABLE. q F /oaa 2° co C (Cotuit) 6 ne MASS, DATE: 191MAR118 SCALE: 1"=60' 0 15 30 45 60 90 120 FEET ly3�8, PREPARED FOR: Robert Segel 15 Harbor Point Coastal Barrier ' Key Biscayne, FL Resources System - PREPARED BY: CapeSury 23 West BayRoad, Suite G Osterville MA 02655 DWG #: C490_1g1 PP4 FIELD BY. WHK/JVBJ/KAR (508) 420-3994 / 420-3995fox I ,� ��� 2 3 s _ ��� ._ __ i Commonwealth ®f Massachusetts' Sheet Metal Permit 1 2,4//y lWap V Pareel v k Dater /XcxPES PER �1�#: � Estimated Job Cost: SEP IT 201�ermit Fee: _ Plans Submitted: �.. ® TOWN-OF Bj §Te 8,B& YES o�. .� Business License A-pplic6t License Business Information: Property Owner/Job Location Information:.. ' ` 1 Name: S Df 4, I1 Y)j fO . Name: Jilfrylw J Street: 1 NI � 1 �) . Street' City/Tovm: Gi n City/Town: 1 Telephone: Photo I.D.required I Copy of Photo.I.D. attached:. 'DES, No r staff 10'ikal' J.J!1 -unrestricted license I J-2 I M-2-restricted_to dwellings 3-stories-or less and commerOW up to 10,000 sq.ft./2-stories or less Residential: 1-2 family Multi-family _ Condo/Townhouses Other Commercial: Office Retail Industrial Educational Fire Dept.Approval Institutional_ Other Square Footage: under 10 000 sq. ft. over 10,000 sq.ft. Number of Stories:- Sheet metal work to be completed: New Work: Renovation: HVA C `Metal Watershed Roofing Kitchen Exhaust System Metal Chimney/Vents Air Balancing Provide detailed description of work to In,done: �. ( � �ve -eva ftr -�aNeQ �e 1-i�LT� I d P( w - V Vew bid' S Ve TG`n1 .CN ce. SQ v�cQ on, vv�`TS �N CoYv cec, erg / _ ,v 6 ,J � f i INSURANCE COVERAGE: 1 have a current liability insurance policy or its equivalent which meets the requirements of M.G.L.Ch.y112' Yes�No, If you have checked indicate the type of coverage by checking the appropriate.box below: - ` A liability insurance policy (+]� Other type of indemnity.❑ ' Bond Ll OWNER'S INSURANCE WAIVER:I am aware that the licensee does not have the insurance coverage required by'Chapter 112 of the Massachusetts General Laws,and that my signature on this permit application waives-this requirement. Check One Only w Owner Agent ❑ I �gnature of Owner or Owner's Agent 9 I By checking this box[],I hereby certify that all of the details and information I have submitted(or entered)regarding this application are true and accurate to the best of my knowledge and that all sheet metal work and installations performed under the permit issued for this application will be in compliance with all pertinent provision of the Massachusetts Building Code and Chapter 112 of the General Laws. Duct inspection required prior to insulation installation:YES NO s ections I°>I�o e� s� s Iu g i Date Comments Final Inspection Date Comments , Type'of License: 3y I4ster i Master-Restricted �ityrrown. E]Joumeyperson Signature of Licensee, Dermit# ❑Joumeyperson-Restricted � �Q License Number. =ee$ Check at www.ma o ss.avldr�l nspector Signature of Permit Approval t. h g The Commonwealth of massachusetts Department of Industrial Accidents Office gfInvadgations 600 Washington Street Boston,MA 02111 was w-wass gov/daa ' Workers'Compeiasat ion lnsuraxmce Affidavit:Builders/Contractors/EIectrieLum/Plumbers ARRALCARI LEE 01mat ion Please Print Legibly Name(Business/OrgmizationlIndividud): Q r •.Address: 5 rI' In eye �1 City/State/Zip: k "� (p Phone.#: Are you an employer?Check the appropriate box: Type ofpr oject(required):. 1.VI am a employer with SQ_ 4. ❑ I am a general contractor and I have hired the sub-contractors 6. New construction . employees(frill and/or part-time). • 2. _ 1:am a'sole proprietor or partner- listed on the-attached sheet. 7. ❑Remodeling ship and have no employees 'These sub-contractors have g• Demolition working for me in:any capacity. employes and have workers' [No workers'comp,i SUrd ce comp. „ne t' 9. ❑Building addition required.] 5. Q We area corporation and its 10.❑Electrical repairs or additions . '-3.� officers have exercised their I am a homeowner doing all work 11.®Plumbing repairs or additions - myself,[No workers'comp. right of exemption per MGL I2.❑Roof repairs insurance required.)t D.152,§1(4),and we have no employees.[No workers' 13.❑Other comp•insurance required.] *Any applicant that checks box#1 must also fill out do section below showing ihzi wo;kcrs'compensation policy information. t Flomeownms who submit this aindwdt indicating th are doing• $ ey all work and then hire outside contractors must submit a new affidavit indicating ca*3n$such. tCouhactcrs that check this box must attached an additional ec sh t showing the name of thb sub-contractors and state whether oraot those entities have employees. If the sub-contactors bave employees,they must provide their worldts'comp.policy number. I'qm an employer that isproyh ing workers'compensation insurance for my employees. Below is the policy and job site informatiom Insurance Company Name (.�MA�Jt' Policy#or Self ins.Lic.th_bN�' vV i rJ� �� 5TirationDate:_/1 t // Job Site Address: { �lO [C4W i. City/State zip: c(o 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 may be forwarded to the Office of Investigations of the WA for insurance coverage verification. 16 hereby certify nder the ' sand enalties of perjury that the information prgvided above is true acid correct; Signature: Data: �I Phone#: Official use only. Do not write in this area,tb be completed by city or town af}rciaC . City or Town: PermitlLicense# -Issuing Authority(circle one): J.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: j r AC"® DATE(MM/DDIYYYYI CERTIFICATE OF LIABILITY INSURANCE F 06/13/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Services,Inc of Florida NAME: Aon Risk Services,Inc of Florida 1001 Brickell Bay Drive,Suite#1100 PHONE Miami,FL 331314937 AIC,No Ext:800-743-8130 A/C No):800-522-7514 AIL ADDRESS: ADP.COI.Center@Aon.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: New Hampshire Ins Co 23841 INSURED ADP TotalSource MI XXX,Inc. INSURER B: 10200 Sunset Drive INSURER C: Miami,FL 33173 ALTERNATE EMPLOYER INSURER D: South Shore Heating&Cooling Inc INSURER E 57 Whites Path, South Yarmouth,MA 02664 INSURER F: COVERAGES CERTIFICATE NUMBER:831245 REVISION NUMBER: 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. LIMITS SHOWN AREAS REQUESTED. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS INSR WVD MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Anyoneperson) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PROJECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ NON-OWNED PRO ERTYDAMAGE HIRED AUTOS AUTOS Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC I I RETENTION$ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER A ANY PROPR ICER/MEMBER EXCLUDED? EXECUTIVE WC 094184522 MA 7/1/2014 7/1/2015 E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,tlescdbe underder - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD:101,Additional Remarks Schedule,if more space is required) All worksite employees working for the above named client company,paid underADP TOTALSOURCE,INC's payroll,are covered under the above stated policy. The above named client is an alternate employer under this policy. CERTIFICATE HOLDER CANCELLATION Town of Barnstable Building Dept. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 200 Main St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Hyannis,MA 02601 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 0q01z t&"A C'e/tvice-6, Qac of�f loltida ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I ><COMMONWE OF MASSACHUSETTS;::<>>: BQARD:OF SHEET..<MT'ALJORKE;RS;` `<<< ' ISSUES THE FOLLOW .... - ''A'S A BUS I NESS JASO,N` D DEFOREST W , S,H;ORE; ;H;E:-T I NG COOL_I NG INC y 57 .WH It S PATH J ' "YaRM'OUTH..... .:::::::....MA• 02664 e � Fold, Then Detach Along All Perforations �- 17` C®MM®NVIIEALTI-I.()F MASSACI-iUSETTS SFIEET METAL wgRKER'5`' BOARD AS A MASTER-U.NRESTRI'C'fED S M ISSUES THE ABOVE,LICENSE TO: i JASON_ D DEFOREST TYPE IN SOUTH SHORE HYG AND CLG 1 .M1 57 WHITES PATH Sr YA'RMOUTH MA 02GG4'-1234 4030 09/28/14 24D952 240952 All Pericraltons - Fold,Then Detach Along r YHE rpm BARNSTABLE, EoIA'� Town of Barnstable Regulatory Services Thomas F.Geiler,Director Building Division Thomas Perry,CBO Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.ba rnstable.ma.us Office: 508-862-4038 Fax: 5087790-6230 . t • Property Owner Must Complete and Sign This Section If Using A Builder l �2oc3e�2� S�C1. as Owner of the subject property hereby authorize C i I nLpo W SfiyM ( (O-t C;-X-1>5 I1 L - to act on my behalf, in al] matters relative to work authorized by this building permit application for: [37 MAIN.s.T. Ccnuc l (Address of Job) Signature of Owner V "` Date G� o G, fruit Nam If Property.Owner is applying for permit,please complete the Homeowners License Exemption Form on the reverse side. . s. C:\Users\decollik\Appl)ata\Local\Microsoft\Windows\Tcmporary.lntemet Files\Content.Outlook-W76BDVA\EX PRESS.doc Revised 061313 I • I I I I o nz— F7� F 71ash ELEN7&AUfiREVAtI0N5 „ —— ry121 D� $= LIJ y xu ro rso»ruo wun "VJ� - � m nEa�xw O rx xuv7. - xVxw�� U_ a n J ru-.i�rin R WRZ CHECKECKE D::S - ✓�..�V ® O • SF ^ . .w SCALE I•_, wveVnereHe - _ DAME: 13 �-N.+89+i3�„.. - / P'1tl1� 4'V rKA: • 4rK[t`�.2� x¢meienr rwnsnar m SrUNENGINEERINGINC z Mwa.n.»si�say..rs»o1 •ru_urea.. /-r»g rurvxenx . w�viEc rraeDer�sur�iexx 4 .¢-1 4 e:rs.,anaw.»nr3,,.r � F sA ru ar nAHVFxr,w�'wsn P. �P .a xseAvr. • _ - �� rA>.re-rra • F-.r.,a,Hr,.�x�aR a, - � � M1xD w E El -E] El% rrc9. to, •s, - - � I I I I FEN ® © I I i ® W® ® ® ® ` f0 . B ®Fwaa eura ur¢ - w mrx s oluwH:u v PILJv vuU , .CHECKED:W - ., e - --r- SC.LLE 1' a' DATE 4&13 . - s B ears men 1 sso +soma. m aruan SUN ENGINEERING INC Q cJ .ee/ree rl neane fi..i cwewaw.•s EswH.wDcnrsuuwe .d . '. - • 9'vY1LN a9 Al2E rraEEr,scREd'n Lw - ' 1 _ ® 0 0 -EKN.� DANVEPS.NAm9x1 a/ _ FAQ.iIL• Tµ M2 a Q 9 � ❑• .�9 OO � B � � 5 C Aid CP . ' e+iar r.ay. u.. '"' O z ¢. F F ❑O O Uvnlirx - vJ � g F Nil cn • _ C c—SF SCALE: '�f wx.xF¢IIGea NHxo[��'le-l.mn. - OAT :8,43 SUN ENGINEERIN�Lmmc �i EslcNnrvocoru p za - O W � � M3 w.uM - u ne�iwl.,es raxrsw,urr - � 8 � <s .;UIE V W - - DRAKTI:RZ CHECKED:V SCALE V-, • - - DACE:46-I3 SUN ENGINEERINGINC. M461 ���,a IL 11 1- PEPE] s a � A B ® o» 0 $ - ❑ � ❑ _ 1 �-__ e I DRAWN:RZ 101 CHECKED:SF - a SCALE P�1• oArE�s-u ® Y ❑ NiG �❑ .. IL N .. SUN ENGINEERING INC. GN.,ND, M,LnN� M5 ®. D� nF _,�D a s - O ❑o ® 2El 4 CHECKEcu ez D:SF Y ❑ ® Q - SCALE NA DATE:4-&13 �u ® G EEKWGINC SUN EN IN a f W H,.c oFswN.wocoNsu�TMc _ Nr�— — - P u:smeer.surte an �1 1 on,n numsU • 'E0.5 ' 1 eH< � o ��� ���, o WO FaEn AlU-6D AHU-2 O --- �-Q 4 AHJ 3 --- $ e ❑ �( h o ® F 00 c A4J-6A 3 °s ® 0 �2 @{$ `s a _ AM-`p A U-4A ANU-IA Z` - - o ANU-16 W m PEKq DRAWN:RZ • CHECKED:SF SCALE:NA ®® � DAIS 48-13 0 -Z-I �����n�9�✓�/} SUN ENGINEERING INC. . M7-- � & MIT 5n,11'7 5 i 1. J, tmms TIM RM, -61�11 � 001i I n gill I I I I F"" 0 '2 W CI C—SF DAM"113 En SIN ENGINEERING INC MIP"—SUW M M8 �..�®. : Zz.,sm"A' F", F, • �:�T•�-+ � r'° a ' P awY�Miu ^ ao.�4.NM g y5ee ��5 / 9¢t•5 E / �•0f5 E A A v - TO TO TO . W aF W DRAWN:RZ RI] FE] ruY� tau stt Y \ _5 sr CIffCK SF �))\( SCALE:NA M1�n V NAyxg xrHRr•� 5 aoau s A5 µ,au 5ra,..au �r;ucvsa5o�� r / I I I DaTE a&13 e� 5rt,5<J 11I . r����mow;;�,� ,.��.� �.�,� ¢ • rn F SUN ENGINEERINGINC Ay : M9 o� 9'uJ13 _ REFERENCES: 33' Wide — County Layout) Street Assessors Map: 033 Main N 27°59'00" E - Parcels: "024 & 046 52.36' 70.00, ' ZONE:RF / Setbacks: / \ Front: 30'm in Side: 15 min Rear: 15'min z 179.01. \ J \ O 00 \ N O m v 00 O \ \ zz ' . Former NOTES: Metal Shed ; 18.1' 1.) The structures shown were I tedG:-on :............ the ground by conventio I survey methods on 13/MAR/13 and 29JA'UG73.' 2.) The property line. information shown hereon was compiled from available New Concrete 1 Sty w/f record information. Foundations earn 3.) This plan is not for recording and is not to be used for construction layout or o Former House deed description purposes. ° Location � � 19.0' O 64.6' :TOF rn cn I certify that the rt EI=21.3' cam, o foundations shown hereon N :. ...#1376 4 M conform to the setback requirements of the Zoning o . ............................ ....... Bylaws of the town of o TOF Barnstable. E1=20.8' *OF b4s Lot Al Area Summary O 99,516±SF Upland O 8.5636±SF Wetland RICHARD R. • 108,079±SF — 2.48±AC Total L'HEUREUX (Per Plan) NO. 34312. a� 0 00 o PLOT PLAN 2 s 0 At 1372& 1376 Main Street O FFMq\c BARNSTABLE, (Cotuit) w pp MASS. ' FFMq\' DATE:301AUG113 SCALE: 1"=60' 0 15 30 45 60 90 120 FEET S44523jw� � lg3�8, PREPARED FOR: Robert Segel 15 Harbor Point `\. Key Biscayne, FL Nantucket Sound PREPARED BY: CapeSurv. 7 Parker Road Osterville MA 02655 DWG #: C490_1 gl PP FIELD BY: WHK/JVBJ (508) 420-3994 / 420—,3995fox -..�... . . y z G >� '� _ .. Y 1 ' ). .. � � ' � (,�i F ?' ,fa. ri ( .._.... 4� ' .. i � � _ r 6' i F„ _e jj, �ti. �' _ f. is _ A N t p .\.� _ - i �"�`� 1 {j.� ;IE.•\ Parcel Lookup Page 1 of 1 OY y MA'S Logged In As: Parcel Lookup - Thursday,August 1 2013 Road Lookup Condo Lookup Multiple Address Lookup Reports Search Options Search By Street L ' Street# 1372 Street MAIN' Name Village All Villages ( < Search_& <Prev Next> Page 1 of 1 IN Rows/Page:7 TF Parcel Location Owner Village Index Map 033-024 1376 MAIN STREET(COTUIT)-Multiple Address RUSSELL, FRANCIS J TR COT 0951 033024 (1372 MAIN STREET(COTUIT)-BARN) http://issgl2/intranet/propdata/lookup.aspx 8/1/2013 WIN :L r n n G Fl �`.�� M.A.P. MSTAI.I,ED BUILDING PRODUCTS � . p.O. B O 1309 �Tf 3 x SAGAMORR BEACH, MA: 02562 (508) 888-3599 D a== --= (508) 888-9609 fax Date j ob completed: I f zo 1 3 Address of foam application: 13 Z -1376 MI, jA, S� �,-r—L Inches sprayed in: ew Coil y , ' ng : -s 2 3g Walls 3„ R- Za - � Slopes_ Ow er han g Bsmt Ceil Stwl B to ckers & unner.s Catll Coil Cath Wallsa�� Knee Walls - __A/k4 Walls Crawl Ceil Installers Signature r' I 45 A i BARNMam Z-9. Torn of Barnstaibte Zoning Board of Appeal's Decision and Notice Variance No. 2011-050-MCGow►an Cotuf Trust=1992 Pelietier''Realty Trust Section 240-14(E)-Variance frornMinim`uni Frontage Requiremen# To merge two;properties into'a single, lawful lot for residential purposes Summar y: Granted with Conditions Petitioners: McCo%ian Cotuit TrustA 992, 13 Richard's Road, Princeton; MA 01541 Pelletier_Realty-Trust-3�Oxford Drive,'Shrewsbury; MA G1545 Property Address: �2.-and-1:376--Main-Street Gotuit Assessbes Map/Parcel: map 033 Parcels 024<&046. Zoning: Residence F RPOD.OyOday, Aquifer Protection Ove lay Hearing Dater August.24, 2011 Recording.lnfmrmation: Deed: McGowan_Book'8388 Page'232 Pelletier-15296 Page 152 Relief Requested and Background In appeal 2011-050, the McCowan and Pelletier Trusts.seek:to merge two;lots, not'legally established under zoning, into one, legal lot.for residential use. The proposed lot does not conform with the 150 foot minimurn lot frontage requirement in the RIF District. Relief.is-requested to..allow, for the creation of a lot with'121361eet of frontage. The subject properties:are°1372 and`1=376 Main.Street,.Cotuit. The lots are described as:follows., 1372 iVlain'Street is developed.with a barn, built in the 18$0's and historically accessory to he house at 1376 Main. The lot has1.56 acres and,70°feet of frontage on Main-Street;_this lot also has frontage on Nantucket Sound. ltwas created by deed in 1 97.7. This lot is owned by The McCowan Cotuit Trust.-- 1992: It has been referred'to as the "barn lot: • 1376 Main Street is developed with a Single-family dwelling, built in the. 1870's. The lot is.6 9 acres and has 52.36 feet of frontage on Main Street.. It was created,by deed in 1986. This!lot is owned by Pelletier Realty Trust. It has. been referred to as the "house lot.' The subject properties were originally'part of a 3.76 acre lot, legally created by a plan in 1936. The two lots in question today were.created'from that"lot by deed and not by a recorded Dian, as; required by zoning; A plan,was prepared for the lots in 1961; however, to staff's knowledge the plan was not endorsed by the Board of Surveyors:or the Planning Board and.,no plan was recorded at the Reg+stry of eeds,.or at Land Court, The,1961 plan emerged during a 1975 probate, proceetlmg in which the lots were willed to°separate.parties; and deeded out'in.a.ccordance with the will. At.the time of probate, and when the lots were created by deed, they did not conform to the applicable zoning requirements. The lots are:.now unders separate ownership and control and they have no standing as independerif residential`lots under zoning. As neither:lot was legally created under zoning; they have cftd grandfathered rights. Town of Barnstable;Zoning Board of Appeals—Decision and Notice Variance No.2011-050-McGowan%Pelletier,-Variance to Section:24'0-14'(E} Procedural& Hearing.Summary Appeal No. 2011=050 was fled at the Town Clerk's,Office and at:the office'of the Zoning Boar&of Appeals on September 23, 2011. A public.hearing before the Zoning Board of Appealswas duly advertised and notice sent to all abutters in accordance with MGL Chapter.40A. The.hearing was opened October 26, 2011, at which!time the':Board found to grant the variancesubject to conditions. Board Members deciding this appeal were Chair Laura F; Shufelt,'William H. Newton;, Craig G. Larson, Michael P. Hersey„ and George T. Zevitas. Dan Ojala, P.E. represented the Applicantsbefore the Board. Mr. Ojala explained the.history of the property and presented the request to create one lawful lot. He-addressed:the past applications before the Bbard-that had beendenied. He spoke to the shape of the lots and the existing structures on the,property as.topographical.hardships. He stated.that.the property owners Y are currently being assessed for`two buildable lots; even though they;have mer9ed under zoning. Public comment was.requested:and no one spoke on the request. Findipos.of Facf At the,hearing ofOctober 26, 201.1.,tte Board unanimously made the following findings of fact 1. In Appeal 2011-050 Pelletier Realty Trust,and McCowan CoWit Trust 1992'have petitioned for- a Variance in,accordance with Section°240-14(E)-Bulk Regulations, Minimum Frontage Requirement. 2. The Petitioners propose to merge theIwo properties into a single lot, lawful for residential ,purposes, with,a combined total of 122;36%6t of frontage: Varian.ce relief_from the 150 foot. minimum frontage requirement of he:RF District is requested. 3. The subject properties areoddressed�as,1372'and 1376 Main Street, C ituit, MA`as showngn Assessor's Map 033 a&`parcels-024 & 046: They are in a�Residential F zoning.distrct and;a Resouroe'Protection Overlay District: 4. Circumstances.exist relating to the shape and�topography of the land and structures, especially affecting such structures,'but not°affecting generally the.zoning district:in which the.property is located. 5. A literal enforcement of'the,provislons of the zoning.ordinance would involve substantial hardship, financial or otherwisello the;petitioner. 6. The desirable relief may be granted without-substantial detriment to the public good and without nullifying or substantially derogating from,the:intent or purpose'df the zoning ordinance. The vote.on-the f ndings was<as;follows: AYE; Chair Laura,F..Shufelt; William;H Newton,; Craig:G. Larson;; Michael Hersey,;and George T: Zevitas NAY: None Decision Based an the findings of fact, a;motion was.duly�made and seconded ta`grant the:variance to; Section 24Q=14(E)to allow for the creation of one single-family,lot, subject to the following conditions: 1. The variance is-granted from the minimum'Iot..frontage requirement of the,Res dense`F D'istricf o perniit the°co'rribination o€two lotsAnto one, legal lot as shown-on-the plan entitled: Plan of 2 Town of Barrimable;Zoning Board of Appeals: Decision and'Notice Variance:No.201.1-050-IvMcCowan/Pelletier-Variance.to.S'ection 2.40-i0) Procedural & Hearing Summary Appeal No. 2011-050 was filed at the Town Clerk's Office and at the office of I e Zoning Board of Appeals on September 23, 2011. A public.hearing before the'Zoning Board of Appeals was duly advertised and notice sent to:all abutters'in accordance with MGL Chapter40A. The hearing was opened October 26, 2011 at which time,the Board,found to grant the variance.subject to conditions. Board Members deciding this appeal-were Chair Laura F. Shufelt,.William H. Newton Craig G. Larson,'Michael P. Hersey,'an&George T. Zevitas; Dan Ojala; P.E. represented the Applica I s-before the Board. Mr`. Ojala explainedttie h story'of` the property and presented the request to create one lawful lot. He addressed the past applications before the-B'oartl that.had been;denied. He'spake to the shape_of the lots:and the: existing.structures on the,property as topographical hardships. He:stated that the;properfy owners are currently being assessed fortwa buildable lots;,even though they have;merged under-zoning. Public comment was requested and no onespokeon the request. Findings of Fact At the hearing of October 26, 201,11 the Boartl unanimously made the following findings of fact: 1. In Appeal 201.1-05,0 Pelletier Realty Trust and:McCowan Cotuit Trust 1092 have petitioned for a Variance in accordance with Section;240-14(E)—Bulk Regulations, Minimum.Frontage Requirement.; .2. The Petitioners proposeto Merge the two.properties into-a.'singie lot, lawful for residential purposes, with a combined total of`122;36 feet of frontage: Variance relief front the 150 foot minimum frontage requirement of the RF District is requested: 3. The subject properties are addressed as 1372 and 1376 Main Street, Cotuit, MA as shown.on Assessor's Map 033'as:parcels 024 &046. They are in a Residential F zoning district,and a Resource Protection Overlay District. 4. Circumstances exist:,relating to the shape-and4opography of the land and structures, especially affecting such structures, but.not affecting generally the zoning district in which'the.property is:` located; 5. A Ii eral:enforcement of tho provis ohs of the'zonmg ordinance obld.itivolve' s_ubstantial hardship, financial or otherwise to'the petitioner.` 6. The desirable relief may be;granted without 'substantial detriment to the public good and! without nullifying or substantially derogating from the.intent,or purpose of the zoning ordinance. The vote on the findings was as;follows: AYE: Chair Laura F., Shufelt, William H. Newton, Craig G. Larson, Michae[P. Hersey, and George T. Zevitas . NAY: None becisioro Basetl on the findings of fact, a;;motion wn,duly made.and seconded to�grant the"variance to Section 240=14(.E),to allow for:the;creation of one single-family,lgt, suk jest to the following conditions: 1. The variance is granted from the minimum lot frontage requirement of the Residence District `to permit the cornbinatlon'df two'lots,into one, legal lot as shown on the plan entitled: "Plan of Town of Barnstable;Zoning Board of Appeals Decision and Notice. Variance-No.2011-056—McGowan/Pelletier-Variance to Section246-14(E) Land at 1372 & 1376 Main Street, Count; Mk drawn and stamped by Dan A. Ojai a;;PE., .Down Cape Engineering, Inc:,;dated September 151.2011.; 2. An Approval Not Required (i4NR) plan.shall be prepared based upon t}e:plan referenced in Condition No. 1. The plan:shall incorporate a re' ference,to this variance..and notation that.the, lots are subject to compliance with all conditions of the vari'anee-. 3. The Approval Not Required(ANR).plan'shall be,submitted to the Planning Board for endorsement and thereafter recorded at the Registry of Deeds along with the recording of this variance. Copies of the recorded ANR plan and this decision shall be submitted to.the,Zoning Board of Appeal's.file for this variance to be in effect. 4. There shall be no further division of the lot. ;5. Use of the `Existing Barn', as shown on.the;plan referenced in Condition. o. 1, shall be accessory and incidental AP the principal residential;dwelling. 6. If'the.variance and Approval Not Required (ANR) plan have not been recorded at the Barnstable County Registry of Deeds within one year from the.date of.issue,ofthis.variance this variance-shall,expire,_unless:extende'd. 7. Any demolrtion and rebuilding.of the principal dwelling'on Elie.loft shall confoim to a'.50'foot setbackt requirement from the top of thacoastal bank. The vote was as follows AYE: Chair Laura F. Shufelt, William,H. Newton, Craig G. Larson,, Michael P. Hersey; and George T. Zevitas NAY: -None Ordered Variance No. 2011=050 has been granted.subject.Co.cr�ndtions. Thisdeci ion must be recorded at the Barnstable Registry. of Deeds;far it to be in effect and notice of that recording,submitted to the. Zoning Board of Appeals Office, The relief authorized by this decision must be exercised within one year unless extended: Appeals of`this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17.,:within"twenty(2O) days after the date of the filing of this decision, a copy_ Of which must be fired in the office of the Barnstable Town Clerk. Laura F. Shufelt,.Ch&r Date.Signed 1, Linda Hutchenride'r,.Clerk of the Town of Barnstable, Bamsfabie County,.Massachusetts, 17ereby° certify.that'twenty (20)days have e'lapsed,sin-ce the Zoning Board of,Appeals;filetl;.t>1is decision and that no appeal of the decision haspeen fi ed in;the office of the Town Clerk: Signed and sealetl his 3o day of ry V. Zy( � under the pains and penalties of perjury. Linda Hutche ifider, Town Clerk 3 _. town o_f Rarnstiable Assessing Division 367 Main Street;HyannisMA 02601 www.towa.barnstable.ma.us Office: 508-862-401.2 Jeffery A.Rudziak,MAA FAX: 508-8624722 Director of Alssessiag ABUTTERS LIST CERTIFICATION October 6, 2011 RE: Adjacent Abutters List For Parcel(s): 033 - 024=&:'033 - 046 1376 & 1372 Main Street Cotuit; MA Pelletier ; McCowan As requested,: I hereby certify the names and addresses as submitted.on the attached`sheet(s)'as required under Chapter 40A, Section 11 of the:. Massachusetts General Laws<for the above referenced parcels as;they appear :on-the most.recent:taxlist with,,mailiiig add resses:supplied, .Board of Assessors Town.of'`Barnstable Attachment o.avuawiiwyvi rage 1 01 1 Zoning Board of Appeals (ZBA) Abutter .List for ;Map & Parcel(s)e '033024','033046' Parties of interest are those directly-opposite subject lot on any public orprivate.street or way and abutters to abutters.Notification of all_ properties;within 300 feet ring'of the:subject:lot Total Count: 15 ( Ciose Mailin Map Si Parcel O.wneri Owner2 Addressi, 'Address 2 B- Coualry.,f)eed C�tyStat eZip , 017010 SCHEAR,JAMES'A C/O SCHEAR,SARAN 5824:OSCEOLA RD BETHESDA, MD C127.309 D 20816 017011 PAPPAS,DIANNE L PO BOX 860 COTUIT,MA 9643/285 02635 017019 SCHEAR,HIRAM HA BETHESDA,MD JAMES A 5824,OSCEOLA RD: :20816 C170631 DAVIS, D1x F& SARAH DIX-NOMINEE PRINCETON,°MA. OI7019001 SARAH'B TRS TRUST 46 PINE HILL RD 01541-1130 C167-765 DAVIS,OIX?F& PRINCETON 01541-1130,MA THOMAS.F 018067 TRS SBD NOMINEETRUST-46 PINE,HILL RD C156294 RUSSELL,:RICHARD 0180fi8`: P'O BOX'b38 DOVER,.MA 2440/207 VII.&KATHERINE. 02030 - FRUSZTAIER, LEXINGTON, MA 018069 ELISABETH&TYE; 26•GRANT,STREET 24/08/319 LAWRENCE S 02420 RUSSELL. RICHARD` DOVER MA. 038126 W BOX 638; 02030 5822/327 0330220bl RIORDAN,JOHN T& RIORDAN°REALTY COTUIT,;'MA PO BOX 108. C187229 MARY IF TRS TRUST - 02635 RIORDAN,JOHN T 033022002 P 0 BOX 108& COTUIT,.MA.. MARY F 8209%340` . 02635 392 WOODLAND SOUTH 033022003 HUGHES,HELEWM PO BOX 49' GLASTONBURY; 23676Ji13 STREET. CT 06073 033023 MCgONOUGH;, MILfON,`MA .JAMES M 147 HILLSIDE ST 02186 CI62765 033024 PELLETIER,MARY M PELLETIER REALTY SHREWSBURY, 3;OXFORD DRIVE I5296/155 TR. TRUST MA 01545 MCCOWAN, MCCOWAN COTUTT C/O MARY 3 OXFORD` SHREWSBURY., 033046 RICHARD,DAVID& TRUST i02 PELLETIEft, DRIVE MA 01545 8388/232 TAPEY,DEBRA'T 033047 MURPHY,JOHN v& 1386;MAIN'ST; COTUIT`MA PO'BOX•2054 , Z3672J74. KATHLEEN-R TRS REALTY,TRUST 02635 . This list by itself does NOT constitute a certified list':of abutters and is provided only as an aid to-the detemiination of,atwtters-If a certified list of abutters is required,oontacf the Assessing Division to have.this,fist certified.The owner and address data,on s Is Iist'is' from'the Town of Bainstabie:Assesso"s,database as of,9f29%2dl .. ZGf/7 . http://66:203 95 236%arcims/appgeoapp/AbutterRepoMaspx?t w=MA 9/29/2011 y d - ` �.TOWN;t7F,BARNSTABLE ��:;� �, �' 2'�tINGBOARD OF"APPEALS. _ '� ' -Nf)TICE,OF`PUBL►C,HEARlNGS } '�"UNDERTHE•20NING0RDINANGE r al ` OCfOBER 2&2011" n : To all persons-interested moor aHeeted'.by the act ns of the" Zoning Board of.'Appaiats,,=you are herby noUhed, pursuant to,Section 1`T of Chapter':40A of'tniI,:C eial Laws of ttie' Conimomveaith of`Massatltusetts,and:ai amendments thereto;. ttsat a publinhiing an theto[tavnngyappeals v�ni 6e held_oir'. OdotieF 2fi 2011 atlhe hme.lridrcet�l i 7,05'PM (Appeal No.2011-048 r��'" •Wegistive "Medicine & "Ftciisbc 'Weiiness Canter LLC htegrafiw Medka6a & Holistic Wellness Center _ petitioned fur a�Contidrhonai Use Sp*'"ermit m aarordarxe' wild Section 240-25.C(1) Conditional Uses m Use HB By�siness,�. Onstr�t The Appiicantt seeking a Spetsai Pemit for continuation;. oll a chm>prgchc whridi 1s preexisting nancanfgmmngiaraJ. to I6idude iraditWtral,me�Cat:offlce us�>gn a UmdedtbasGs The'' prope[ly is addressed 677 West Main Stteat,E Hyann�,MA,as st�nm�on/Lsses�r's Map ZA8�s part�l fl78.�rs,fnHtghway ' Business".R,asiiance B Zonm Diatii- �r 7:10:`PM ,Appeal N0,2011-049 Flwe9 �M. .. n z Todd C Mall'hisxappfrsdJor a Spedai Femsit m accordance. with:Sedioxntn240=11 C(t),�Conddsonal,-Uses to the:�RB Disbud.; _ The appik seeks a Spaniel Permit for ranfiruy of foams to no TOWN OF BARNSTABLE xu« more.ihn s1x lodgers rn ane;mulhple-unit dwelUng The property " � a ZONIN&BOARD OF APPEALS is addressed 45;Newton Sheet Hyannm MA as'shown on t N0T10E¢F�PUBLFG HEARINGS s atrt ear Assessor a Map 30$as parcel 158 it is in a Reside B Zonhsg,� UND7=lt THE 20NING ORDINNGEp +e DtsDigt x. 4J. �•� i rd?^ OGTOBEit2i3 2011g , 7:151"M Appeal k 2011050 To aU persons Interested fri"o ati clad by the actwns of the mocowan CotuU Tnrst&PefleUer Really Trust c a Zoning$oarti o('Appeals yau;are heretiy rwtifiad pursuant Peitetu3r Roalty.Trust and`_McCawan Coturt Tnut71992ihave{ to Seetion ll of Chapter 40A�of the Gi3 ral�lawsla th petitioned far a Vanance.iri accadarxre�wtlh 5echon 24014(E)1 s Commonwealth of Massaccusetb-,,,,and all amendment thereto`, Bu{k Regulations tvtmrmum Frontage Requirement tThe 1 gF u PefldOne1S p o- t0 1}18 bY0 ro el�8fi l�0 8 e that a ptfblic hang 4netollowtng appalsI bethsldroni Wow fl P OctotierZfi 2011 a3 the time axUe t�d lavrhsl'for,resrdent�t purposes;with a cSmbmed teal of 122 36 feet 7 Q5 FM Appeal Nsrt2011 Q48"ti of homage Vanahce relief tram Use n150 toot rrininuun frontage Y a retpuiernegt of his RF Dishtct is requebed The pjoperhes are ,Infegrahve Mediain'6v HoltsUC� WeUnass Canter LLC s Integrehve .Medicine &�Holistl Malin rs N" rater 1 LC has addressed as 1372 and 137fi Main Street Co�rL MA sfia+em' fpetibonen fo�a'Cortrona�lUseSpedal Permit m aecardn� onAssessors Map 033 as parcels A24y&046 They are in a 6wth Section 240 25 C(ta Condingnat'Uses in theBBusiness '• Resenhal F zoning drstrxtand a Resource Protection Overlay �Dbtrnct�7heApphcarrtasseaiangaSpecialPerrn farcd4nuallon DrstriLi $of a ch ropracUc o fiee urhrd Eis;preeacis8ngtinoncenformmgs nit k These pubic'<henngs,vnll be held�at�tha Bam�e Tovr�rs; o to include tradi6onai medi c office uses on a[Imlted beer$ The HaU 367 Main Street Hyams�s MA Henng Room,,f s 1 door property addressed 677 St"Male Street Hynms'MA as: Wednesday October Zb 111.1 2011 Plains nit"a,P!1ons mays shown on Assessor s Map 248 as parcel O78^it is fn the Wghway be,fWw ad al the Zoning Board ofrRppnts 4015ca Growth,;: Business and'Res�darsc®13 Zonuig Dish xn frj Mahagemnt "Department, Town Offices 2i�,Main Sbeet t� 71D PM Appeal No 2t111-049 Ehvell�4 , A - Hyannis MA ,� c Todd G Elwell has appDed fn[a 5peral Pemit m accordance` Laura-F. 5hutef4 Chak f with Section 2401i C(1) Corddronal Uses m the R8 Oistrid' Zoning Board ofAppeats. The"appll0ant seeks a Spe�al Pent for rentm9 of roams`to no, The] Fa(r .8 rrrore than; i =:� t I- i „'r i°.• + i,I r�, odgers ran nne multiple unU dweiltng fhaproperty October 7 and tobet.14T�2011 1rs a ressed�O5 N&Wn Street Hyannis rMA as shown on -' Assessors 8 as p1'S ttsa Rasfden6 Zoning;.' y '~ 715 PM Appeal Na 2a11-050 - y MCCowan Cotud Tfusi&P lletlei Realty Trost' s1 "j RefletiertRealty Ttus�t and MoCowan CahM Ttuat 1992 have petitianeli foi a Vamance 3iv aCC0 nce'Yo `Sactlon 240�1d(E)�s ;,r.' BUIkmiRegutatwns, MmttriurriFronta9e� quiremeot° The ; - Petiticners propose to merge itti proper,,s into a-single lot �w(ul for resldn�lNpurposas with a combused yotal of 122 36 feat H. of franL3ga kanance reliaffforn50 fa mmimum�rontage} regmmment of the RFrDisinct'is requested The propertres are addressed as72 and 137fi PAaln Street Cofuit MAfas stsawn Orr Assessor s Map 033 as parcels 024&f>4Q%They are In a r, r 3n(ial Fomngct and'a rReoufotoOve Y;,`•`� c,3�ti � - - i t.lFbin• �P 'n nS't' -"Yhy .-`.Y''h..��+"Y These putilicheanngsv@tbe held ate Urea BemstableTown3;•. + Wadnasday�Odoler`k28 ?At: PI nsa d apptEcatlonsFlji „A be revrewedr at tlio Zaing zBoard of Appeals OfFx en GrowUi Y Management s� utment 70wn Offices 240,MaimShee-g 7 , 1 °�^ Pollr' #� reF Sharfeit�Chalrz �`` �' "` .-fib"�"'�"4� ear f r• - ti - � w Zoning8oardafAp * • �p�do�ber; a�fid Octobert�A 20111=�`t � � ��, <�, t . i FF . • t i IQAt6 i63A p�. MiN 1, 1.ff' 27 P' •a 1. Town of Barnstable Planning Board Notice of Approval Not:Required (ANR) Plari Endo."rsement For M'c"Cowarr Owner/Applicant: McCowan Cotu'itTrust-3992,&.Pelletier'RealtyTrust Property Address: 1372.and 1376iMain Street,Cotuit,MA. Assessor's Map Parcel Map 033,parcels 024.&.046r Zoning: RF&Resource Protection Overlay District At the regular'scheduled Planning Board meeting.of March 26,2012,the Board>unanimously voted to endorse the land division plan.entitled"Plan of Land of Land at#1372&.#1376 MainStreet Cotuit,MA Prepared for the McCowan Family" dated September 15, 21111,asprepared by Down Cape Engineering,Inc.,"and stamped by Daniel A Ojala P.L.S.,.as an Approval Not Required Plan. The subject plan proposes to merge the two lots ° addressed 1372 and 1376 Main Street,C.otuit into a single 2.2;8-acre parcel.: The application and plan were submitted and filed,in the'.Town Clerks Office on March 20.1012,and processed in accordance with MGL.Chapter 41,Section 81-Pi'Approyal U.nder:the:Subdivision Control.Uw Not Required:. A copy of the plate including a dwgfile tan:;be:foui d in the Town Wide'Driv.e-T,andet.GMD'-Planning.Board Approved ANR.&.Subdivision Pian—"033-024&046—M'cCowan&Pelletier—1372&'1376 Main St Cotuit": Respectfully submitted on'behalf;of the Board f C3�"Z"�• if- Arthur .Traczyk,Regulatory Review/Design Planner gated Copy:', Daniel A Ojala:P L S n:Ca.Dowpe Engineering,Inc;. Jeff Rudziak,Director Assessing Depar' ent Frank khlegel,DPW JamesSenoit;.Information Systems Gls ANR.File—033 024&:046—N1cCowan&Pelletier—1372&1V6 Main Si Cotuit' TITLE ABSTRACT 1372 and 1376 MAIN STREET, COTUIT, MASSACHUSETTS June 6, 1935 -3.48 acre parcel is deeded to James Herbert Morse by virtue of a deed recorded in Barnstable County Registry of Deeds in Book 510, Page 323 June 14, 1943 - James' wife, Jean Morse Dunning, inherits parcel upon his death pursuant to the terms of his will and Barnstable County Probate Case No. 28956 February 1961 - Jean Morse Dunning causes .a plan of land to be prepared, creating the three lots January 20, 1975 pursuant to provisions of Jean's Last Will and Testament: 1372 Main Street is devised to Marjorie 1376 Main Street is devised.to Lucy D. Morse, Barbara-Morse Church, and Gibbons Morse William G. Morse, Jr. " December 12, 1986, Lucy Gibbons September 9, 1977- 1372 Main Street is Morse conveys 1376 Main Street to deeded to William G. Morse, Jr., Mary M. McCowan and'Frances M. individually by deed recorded in Books McGowan, Trustees of the Red House 2583, Page 197. Trust by virtue of a deed recorded in Book 5492, Page 123. Pursuant to the. December 31, 1986- 1372 Main Street provisions of the Trust, the Trustees is deeded to Mary M. McCowan and have no authority to dispose of the Frances M. McCowan, Trustees of the property without direction from the Barn Property Trust, by virtue of a deed beneficiaries. recorded in Book 5198, Page 112. Pursuant to the provisions of the Trust, September 15, 1992;the Red House the Trustees have no authority to dispose Trust conveys 1376 Main Street to Mary of the property without direction from M. McCowan, individually by virtue of the beneficiaries. the deed recorded in Book 8210, Page.15 December 31, 1992, the Barn Property June 25,2002, Mary M. Pelletier f/k/a , Trust conveys 1372 Main Street to Mary M. McGowan deeds 1376 Main Richard McGowan, David McCowan Street to Mary M. Pelletier, Trustee of and Debra Tarpey, Trustees of the the Pelletier Realty Trust McGowan Cotuit Trust by virtue of a deed recorded in Book 8388, Page 232 1810729.1 S/i li 3 REFERENCES: Main33' Wide — County Layout) Street Assessors Map: 033 N 27°59'00" E - Parcels: 024 & 046 52.36' 70.00' `i / ZONE:RF Setbacks: / Front: 30'min J Z� Side: 15'min / N T Rear: 15'min z 179.0', c O N � O 0�0 N O �I Ou O \ Cn V? \ Former \ NOTES. Metal Shed 18.1' 1.) The structures shown were located on the ground by conventional survey methods on 13/MAR/13 and 09/APR/13. 2.) The property line information shown New Concrete 1 sty w/f hereon was compiled from available Barn record information. Foundation °D #1376 3.) This plan is not for recording and is not to be used for construction layout or o deed description purposes. o � - rt z Former House Location rn o O w N o I certify that the foundation rt w shown hereon conforms to y VP rrl the setback requirements of w the Zoning Bylaws of the rn - town of Barnstable. o � �4 Lot Al Area Summary 99,516±SF Upland RICHARD R. v 8.5636±SF Wetland o 108,079fSF — 2.48fAC Total UHEUREUX (Per Plan) + N0. 34312 9 �T 00 \ O 1 \ O o z#S PLOT PLAN 'Z At 1372& 1376 Main_Street BARIVSMBLE c(Cotuit)� \ FF'NA Vj c MASS. DATE:311JUL113 SCALE: 1"-60' S44 52,3, 0 15 30 45 60 90 120 FEET PREPARED FOR: Robert Segel 15 Harbor Point `.. Key Biscayne, FL Nantucket Sound PREPARED BY: Ca' eSury 7 Parker Ro ad oad Osterville MA 02655 DWG #: C490-1 gl PP1 FIELD BY: WHK/JVBJ (508) 420-3994 / 420-3995fax TOWN OF BARNSTABLE, 7013 tl t} 3 ,i C, o > 0• "gas ra�n��nx HIC14VBD S* '� �f1_IVAN BEREZNICKI ASSOCIATES, INC. . Architects and Planners Dear Mr. DeLuz: ' Per our telephone conversation, I am sending you information regarding two parcels on Main Street in Cotuit. Parcel:.B on` the 'enclosed map .contains an existing house. Parcel C contains only a=barn. I am trying to determine whether parcel C is a legal buildable lot. ( I am not interested in Parcel Al I have researched the deeds to these parcels and have found the following: ., A deed dated June 6, 1935 shows this area as one lot. The next reference is the enclosed map, dated Feb. 6, 1961 . To my knowledge, . it was not recorded at the registry of Deeds. I found it at the Registry of Probate as part of the will of Jean M. Dunning, the owner of the land. Jean Dunning's will is dated May 29, 1968. Sean. Dunning's will was probated Jan. 31,. 1975. At this time lots A, B and C passed to separate owners, and have been. under separate ownership ever since. I will be•calling you mid - week next week for your opinion as to whether lot C was a conforming lot at the time of its creation. Thank you for your assistance in this matter. V ry truly you s, Ivan Bere n'cki 9 Wendell Street, Cambridge,Ma., 02138 (617)354-5188 Fax # 617 868-5764 • yVi��i e•n G' r p g ), J 79'L 7."?O E ti ° e�aa. Sc J `6 379-ly=2o'E-^ _ �. .ACRE o / 3 . O co 'k. �' ----- --------------- --------- c; Lti v NN to ACRES DO `N / O �?oiy �.3o ACRES ?a6 / 9 / • t . G PLAN OF LAND IN . CoTV ITrd4,ewsr4atE;MAa5. • CaLer.ia�...o Te . .BEAN M . DUNNING Oa.Ln.(La.. 40fn Fcb. 6 . ISGI Nalww 6a..a.a q.<...ao LAW-3Vavar act's t s c. i Z Q Q c R II W � f-- LU Ic �• PARCEL C. 3 PARCEL � -- . LAO Ap IVAN BEREZNICKI ASSOCIATES, INC: T 9 Wendell SVeet,Cambddye,.M4 02139` (517)354-5188 CBTU� i � �A Architects Ind Planners ' TITLE ABSTRACT 1372 and 1376 MAIN STREET, COTUIT, MASSACHUSETTS June 6, 1935 -3.48 acre parcel is deeded to James Herbert Morse by virtue of a deed recorded in Barnstable County Registry of Deeds in Book 510, Page 323 June 14, 1943 - James' wife, Jean Morse Dunning, inherits parcel upon his death pursuant to the terms of his will and Barnstable County Probate Case No. 28956 February 1961 - Jean Morse Dunning causes a plan of land to be prepared, creating the three lots January 20, 1975 pursuant to provisions of Jean's Last Will and Testament: 1372 Main Street is devised to Marjorie 1376 Main Street is devised to Lucy D. Morse, Barbara Morse Church, and Gibbons Morse William G. Morse, Jr. December 12, 1986, Lucy Gibbons September 9, 1977- 1372 Main Street is Morse conveys 1376 Main Street to deeded to William G. Morse, Jr., Mary M. McCowan and Frances M. individually by deed recorded in Book McGowan, Trustees of the Red House 2583, Page 197. Trust by virtue of a deed recorded in Book 5492, Page 123. Pursuant to the December 31, 1986— 1372 Main Street provisions of the Trust, the Trustees is deeded to Mary M. McCowan and have no authority to dispose of the Frances M. McCowan, Trustees of the property without direction from the Barn Property Trust, by virtue of a deed beneficiaries. recorded in Book 5198, Page 112. Pursuant to the provisions of the Trust, September 15, 1992, the Red House the Trustees have no authority to dispose Trust conveys 1376 Main Street to Mary of the property without direction from M. McCowan, individually by virtue of the beneficiaries. the deed recorded in Book 8210, Page 15 December 31, 1992, the Barn Property June 25, 2002, Mary M. Pelletier f/k/a Trust conveys 1372 Main Street to Mary M. McGowan deeds 1376 Main Richard McCowan, David McCowan Street to Mary M. Pelletier, Trustee of and Debra Tarpey, Trustees of the the Pelletier Realty Trust McCowan Cotuit Trust by virtue of a deed recorded in Book 8388, Page 232 1810729.1 Town of Barnstable Rrs�,vrti ELAMWABIX 'TOWN OFi63q. Management Department 16 - B rns`table Historical Commission ♦0 '°rEo rax�" www.town.barnstable.ma.us/historicalcommission 712 i t' 5 Phi �' Jo Anne Miller Buntich,Director Marylou Fair,Administrative Assistant COMMISSION MEMBERS: Jessica Rapp Grassetti,Chair George Jessop,AIA,Vice ChairD I: E., Marilyn Fifield,Clerk Nancy Clark Len Gobeil Nancy Shoemaker Laurie Young tV CD August 14, 2012 Michael D. Ford, Esquire r ; P 0 Box 485 W. Harwich, MA 02671 Linda Hutchenrider, Town Clerk 367 Main Street, Hyannis, MA 02601 Thomas Perry, Building Commissioner 200 Main Street, Hyannis MA 02601 Re: DECISION of the Barnstable Historical Commission, pursuant to the Code of the Town of Barnstable ss 112-1 through ss 112-7; an application for DEMOLITION of property as follows: 1372& 1376 Main Street, Cotuit Map 033/Parcel 024&046 The Barnstable Historical Commission considered the application for demolition of the house at the above referenced location at their meeting of July 11, 2012. A vote to hold a public hearing was approved unanimously and scheduled for 4:00pm July 30, 2012 in the Selectmen's Conference Room, Town Hall, 367 Main Street, Hyannis, MA. At the July 30, 2012 Public Hearing the Barnstable Historical Commission heard testimony from Attorney Michael Ford regarding the owners desire to preserve a portion of the building and porches and relocation of the structure to an area more visible to the public. Public Comment was heard from several residents in opposition of the demolition of the structure. A request for a short continuance was asked by Attorney Ford so that he could review the comments made by the Commissioners and the public with his clients and submit an amended Notice of Intent to Demolish application. p A continuance of the Public Hearing was agreed and a date of August 6, 2012 was scheduled for 3:30prn in the Selectmen's Conference Room, Town Hall, 367 Main Street, Hyannis, MA. 200 Main Street,Hyannis,MA 02601 (o)508-862-4786(f)508-862-4784 367 Main Street,Hyannis,MA 02601 (o)508-862A678(fl 508.862.4782 Michael D. Ford, Esquire Page Two 1372& 1376 Main Street, Cotuit At the August 6, 2012 continued Public Hearing, members reviewed a revised site plan dated 8/2/2012 indicating the portion of the building that will be preserved as well as reconstruction of the porches and the new location which will be closer to Main Street and more visible to the public. Public Comment was again taken, with concern for the sections of the building that would be removed; however, the general consensus was that this was a good alternative to complete demolition. Members also agreed that preservation of a portion of the structure and relocation was preferred over demolition and appreciate the applicant's consideration. The Commission also requested they be allowed to document the exterior as well as the interior of the existing structure before any demolition takes place. Present and voting to find that the portions of the structure requested to be demolish are not preferably preserved and these portions would not be detrimental to the historical, cultural or architectural heritage or resource of the Town: George Jessop, Nancy Shoemaker, Marilyn Fifield, Len Gobeil, Laurie Young Voting Against the Motion: Jessica Rapp Grassetti Present and voting to find that the remaining portions of the structure will be preserved and relocated to a more visible area on the lot: George Jessop, Nancy Shoemaker, Marilyn Fifield, Len Gobeil, Laurie Young Voting Against the Motion: Jessica Rapp Grassetti Present and voting to find that the shed identified as a two car garage of galvanized steel is not a preferably preserved building: Jessica Rapp Grassetti, George Jessop, Nancy Shoemaker, Marilyn Fifield, Len Gobeil, Laurie Young Sincerely, c _ Jessica Rapp Grassetti, Chairman 200 Main Street,Hyannis,MA 02601(o)508-8624786(f)508-862.4784 367 Main Street,Hyannis,MA 02601(o)508-8624678(t)508-862-4782 'y y pp ." x M tx �bo1.rs# .v' he ZM ���•k s� t,ajti �h° 4 a ;.`°. r� ,�{[j r�y��t 1 �yd .X' t I � 4 Town of Barnstable Growth Management Department * BARNSTABM 9 MAM �' Barnstable Historical Commission i63q. ♦0 RFD MPS A www.town.barnstable.ma.usthistoricalcommission Jo Anne Miller Buntich,Director Marylou Fair,Administrative Assistant COMMISSION MEMBERS: Jessica Rapp Grassetti,Chair George Jessop,AIA,Vice Chair Marilyn Fifield,Clerk Nancy Clark , Len Gobeil Nancy Shoemaker Iv July 12,2012 s 0 Michael D.Ford,Esquire ..► .: 0 P O Box 485 W.Harwich,MA 02671 r Linda Hutchenrider,Town Clerk iv /367 Main Street,Hyannis,MA 02601 v' Thomas Perry,Building Commissioner 200 Main Street,Hyannis MA 02601 Re: INITIAL DECISION of the Barnstable Historical Commission,pursuant to the Code of the Town of Barnstabless-1-1-2- through-ss,112-7;an application for DEMOLITION of property as follows: 1372 1376 Main Street,Cotuit 033/Parcel 024&_0.46 The Barnstable Historical Commission considered the above referenced application for demolition of the house at the above referenced location at their meeting of July 11,2012. The applicant's representative,Attorney Michael Ford,stated that the owners have the property under agreement and seek permission to demolish the single family dwelling. The barn located on the property,which is also a very old structure,is proposed to remain. The Commission reviewed photographs and an Inventory Form B. The structure was built 1837-1845 and is known as the Morse Red House,"Bonnie Haven"and the Captain Seth Nickerson House. According to the Inventory Form B,this structure is also considered individually eligible for the National Register of Historic Places under criteria B. The Commission found that testructurewas srgmfipdvtohlducat-an d . -a"pblic-hearmg o,n ft h: e ' application basedon an initial review of--,the historic and architectural cliaracterzof the building. +- - FIF a A vote to bold a,public,hearmg was approved unanunously.andLL'scheduled f6r_4:OOpm July.30,2012 in the Selectmen's Conference Room;Tow Hall,367'Mifi Street;Hyannis,MA ` T! Present and voting to hold a public hearing: Jessica Rapp Grassetti,George Jessop,Nancy Shoemaker,Len.Gobeil,Laurie Young Sincerely, llessica lea? �iassetti��� Jessica Rapp Grassetti,Chairman 200 Main Street,Hyannis,MA 02601 (o)508-862A786(fl 508-862A784 367 Main Street,Hyannis,MA 02601 (o)508-862A678(t)508.862A782 A Town of Barnstable Growth Management Department f Barnstable Historical Commission www.town.barnstable.ma.us/historicalcommission NOTICE OF INTENT TO DEMOLISH OR MOVE A HISTORIC BUILDING Date of Application 7/3/2012 Building Address: 1372 & 1376 Main Street ' Number Street . Cotuit, MA 0.2635 Assessor's Map# 33 Assessors Parcel# 24 &46 Village ZIP. Property Owner: _Francis J. Russell, Trustee of the Red House and Barn Realty Trust Name Phone# Property Owner Mailing Address (if different than building address) c/o Michael D. Ford, Esq: ' Property Owner e-mail address: 'c/o Michael D. Ford, Esq., P.O. Box 425, West Harwich, MA 02671 'Applicant: Robert G. Segel, named Buyer in a Purchase and Sale Agreement for the property. Contractor/Agent: Michael D. Ford, Esq. Contractor/Agent Mailing Address: same as above Contractor/Agent Contact Name and Phone#: Michael Ford 508-430-1900 Name Phone# Contractor/Agent Contact e-mail address: mdfesql@Verizon.net Existing Building Material: Single-family, wood frame structure- NOI.is for.the house only, not the barn. Type of New Construction.Proposed: Single family dwelling Provide information below to assist the Commission in making the required determination regarding the status of the Building in accordance with Article 1, § 112 Circa 1837 Year built: Additions Year Built: various Is the Building listed on the National Register of Historic Places or is the building located in 'a National Register District? No QX Yes 0 - Is the Building associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the Town or the Commonwealth?. See Inventory Attached. Is the Building historically or architecturally important in terms of period, style, method of building construction, or associationwith'a famous architect or builder either by itself or in the context of a-group of buildings? See Inventory Attached: December 2011 Parcel Detail Page 1 of 5 Vitt, # KI Ke fir,?} q Logged In As: Parcel Detail Monday,July 16 2012 Parcel Lookuu Parcel Info Parcel ID 033-024 Developer LOT Al � �I Lot Location 11376 MAIN STREET(COTUIT) I Pri Frontage(52 Sec Road FrontaSe ge I_ _ — .,.• village COTUIT- L Fire District COTUIT Town sewer exists at this address i o Road Index 0951 Interactive '.` � Map Owner Info Owner�PELLETIER, MARY M TR � ( Co-Owner F%RUSSELL, FRANCISJ TR _I Streetl IC/O MOUNTAIN, DEARBORM &WHITI I Street2 SUITE 800, 370 MAIN STREET CityWORCESTER I State�MA Zip 101608 Country Land Info Acres 2.48 J use Single Fam MDL-01 ) Zoning RF Nghbd[WF11�^ Topography 5Vel Road[PBVed _.. Utilities I Public Water,Gas,septic Location Rear Location • Construction Info Building 1 of'1 YearRoof Built,,1870 — _I Struct ruct Wall Gable/Hip all Wood Shingle Living — Roo f AC 2231 jAsph/F GIs/Cmp None Area Cover Type , Int(fin, � Style IF(—Colonial �� I Wall Wall I Rooms "B@droomsInt Bath �I Model Residential I Floor Pine/Soft Wood Rooms 3 Full+ 1 H Grade FA a Plus Heat Hot Water_ Total 10 Rooms `, a 9 ( Type r1_n•._ I Rooms �—�--------- N" , Stories 1 1/2 Stories Heat Gas_ Stone Walls J I Fuel__.. Foun d- ation Gross 3481 Area • Permit History h http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=2094 7/16/2012 Parcel Detail Page 2 of 5 Fu Issue Date Purpose Permit# Amount Insp Date Comments 3/1/1993 IB35715 $100,000 1/15/1995 12:00:00 AM CO REMODE Visit History Date Who Purpose 4/26/2012 12:00:00 AM Denise Radley In Office Review 10/11/2011 12:00:00 AM Jeff Rudziak ATB Review 9/13/2011 12:00:00 AM Denise Radley Change of Address 8/29/2011 12:00:00 AM Denise Radley Change of Address 3/25/2010 12:00:00 AM Jeff Rudziak Abatement Review 1/5/2010 12:00:00 AM Denise Radley Change of Address 3/24/2009 12:00:00 AM Karen Perry In Office Review 3/24/2009 12:00:00 AM Nancy Finch In Office Review 3/12/2009 12:00:00 AM Jeff Rudziak Abatement Review 7/29/2008 12:00:00 AM Paul Talbot Cyclical Inspection 5/27/2005 12:00:00 AM Paul Talbot Meas/Est 5/4/2000 12:00:00 AM Paul Talbot Meas/Listed-Interior Access 4/15/1994 12:00:00 AM ME Sales History_ Line Sale Date Owner Book/Page Sale Price 1 6/25/2002 PELLETIER, MARY M TR 15296/155 $100 2 9/15/1992 MCCOWN, MARY M 8210/015 $100 3 12/15/1986 MCCOWN, MARY M&FRANCES M 5492/123 $1 4 MORSE, LUCY GIBBONS P52232 $0 5 4/19/2012 RUSSELL, FRANCIS J TR 26261/126 $1 Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parcel Value 1 2012 $175,100 $21,400 $8,600 $1,442,400 $1,647,500 2 2011 $199,900 $6,600 $7,800 $1,442,400 $1,656,700 3 2010 _ $200,500 $6,600 $8,000 $1,933,500 $2,148,600 4 . 2009 $231,400 $4,800 $3,900 $2,422,200 $2,662,300 5 2008 0$231,400 $4,800 $3,000 $2,373,300 $2,612,500 7 2007 $272,500 $4,800 $3,000 $2,373,300 $2,653,600 8 2006 $246,100 $4,800 $3,200 $2,345,100 $2,598,200 9 2005 . $224,400 $4,800 $8,800 $1,995,800 $2,233,800 10 2004 $178,700 $4,800 $8,800 $1,621,600 $1,813,900 11 2003 $192,200 $4,800 $9,000 $712,500 $918,500 12 2002 $192,200 $4,800 $9,000 $712,500 $918,500 13 2001 - $192,200 $5,100 $9,000 $712,500 $918,800 14 2000 $118,400 $4,700 $5,100 $499,900 $628,100 15 1999 $118,400. $4,700 $4,300 $499,900 $627,300 16 1998 $118,400 $4,700 $4,300 $499,900 $627,300 m 17 1997 $133,000 $0 $0 $465,900 $604,700 18 1996 $133,000 $0 $0 $465,900 $604,700 19 1995 $133,000 $0 $0 $465,900 $604,700 20 1994 $132,800 $0 $0 $449,300 $587,200 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=2094 7/16/2012 Parcel Detail Page 3 of 5 21 1993 $132,800 $0 $0 $449,300 $587,200 22. 1992 $151,600, $0 $0 $499,200 $656,500 23, 1991 $167,7001 $0 $0 $499,200 $677,000 24 1990 $33,900 $0 $0 $143,100 $187,100 25 1989 $33,900 $0 $0 $143,100 $187,100 26 1988 $74,500 $0 $0 $71,600 $158,000 27 1987 $74,500 $0 $0 $71,600 $158,000 28 1 1986 1 $74,500 $0 $0 $7L,600L $158,000 Photos 77 g f`. hgp:Hissgl2/intranet/propdata/ParcelDetail.aspx?ID=2094 7/16/2012 '✓fi.xi y,5�"`i ��" � Y" "s�r_qk �,.�*5 }a� �p .K"'taek9�s6;;ln.+ci �s+.*��*."�^&d-x* � ,n p' �'� '� r�� '� a• s= ..rzaaY a,n ttc�rer xma..eM4a +, •^ °�il;^t h,.�'7J- � ✓,; .T �,; `' ei`•;�,�,,t%y.'"��" ,N,. "�.�'�M r `...,.....o.�,y.,,.,, MN Al 45i t jj xp ��i to Val,�! n 44 a : n Town of Barnstable Regulatory Services Q Thomas F.Geiler,Director sz� Building Division s639. �� Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 May 18, 2011 Ms. Sarah Turano-Flores, Esq. Nutter McClennan & Fish 1471 lyannough Road P.O. Box 1630 Hyannis, MA 02601.. Re: 1372 Main Street, Cotuit MA Assessors Map 033, Parcels 046 Dear Ms. Turano-Flores: I am in writing regarding the above referenced property in response to your letter to me dated March 23, 2011,and your subsequent meeting with Attorneys McLaughlin and Weil of the town's legal department. The fact that the above lots were'never legally created was first brought to my attention by you. Based upon the information you presented, I determined that in order to be able to use the parcels as two separate lots, variances had to be obtained from the Zoning Board of Appeals. On behalf of your clients, you filed ; petitions for two separate variances indicating that you were seeking the variances to render the properties as separate legal lots. These variance requests were denied and your clients did not appeal the denials. Having first brought the zoning violations to my attention and to the attention of the Board of Appeals, to now suggest that efforts to cure the admitted zoning violations constitute "selective enforcement" is not an accurate or justifiable assertion. Finally, I do not believe that the provisions on G.L. c. 40A, s, 7 are applicable. Accordingly, I intend to reissue the two Notices to Abate Zoning Violations. Thank you for your consideration of this matter. Very Truly Yours, Thomas Perry Building Commissioner cc: Attorney Ruth Weil Attorney Charles McLaughlin } MJ Nutter Sarah A. Turano-Flores Direct Line: 508-790-5477 Fax: 508-771-8079 E-mail: sturano- flores@nutter.com March 3, 2009 0109063-00001 By Hand "0 Thomas Perry S Building Commissioner C/ Barnstable Building Division 200 Main Street Hyannis, Massachusetts 02601 Re: 1372 and 1376 Main Street, Cotuit, Massachusetts Assessor's Map 33, Parcels 46 and 24, respectively Dear Mr. Perry: As you may be aware, this office represents the McCowan Cotuit Trust (hereinafter, "Trust"), property owner of the property located at 1372 Main Street in Cotuit. In December of last year, we appeared before the Barnstable Town Council seeking approval of a Conservation Restriction on behalf of the Trust. Pursuant to the terms of the proposed Restriction, the Trust would donate all further development rights on 1372 Main Street to the Barnstable Land Trust. Ultimately, the Council looked unfavorably on the Restriction and it was withdrawn from consideration in February of this year. While the hearing on the Restriction was pending, however, we understand that Town Attorney Ruth Weil mentioned to the Barnstable Land Trust's Executive Director, Jaci Barton, that she believed the property located at 1372 Main Street was unbuildable. Specifically, we understand that Attorney Weil felt 1372 Main Street was unbuildable because it had merged with the abutting lot located at 1376 Main Street. We are writing, therefore, to seek a written zoning determination from you relative to whether 1372 Main Street is a separate, buildable lot for single family residential purposes. The parcels are located in the RF Zoning District and are also within the Resource Protection Overlay District. The property at 1372 Main Street is approximately 1.56 acres in size, contains 70' of frontage and is improved with a barn that is estimated to have been constructed in the late 1800's. It is also improved with a three bedroom septic system permitted and installed in 1993. It is presently assessed at $4,956,000 and has always been assessed as a separate, residential lot. NUTTER McCLENNEN & FISH LLP • ATTORNEYS AT LAW 1471 Iyannough Road• P.O. Box 1630.• Hyannis, Massachusetts 02601-1630. 508-790-5400• Fax: 508-771-8079 www.nutter.com Thomas Perry March 3, 2009 Page 2 The property at 1376 Main Street is approximately .9 acres in size and contains 53.36' of frontage. It is improved with a five (5) bedroom, single family dwelling estimated to have been constructed in the 1870's. It is presently assessed at $2,662,300 and has also always been assessed as a separate, residential lot. From our research into the back title, we can discern that the lots shown on the Assessors' Map were created by what is apparently an unendorsed and unrecorded plan of land dated 1961. A copy of this plan is enclosed herewith for your ease of reference. The lots shown on the plan were owned by Jean Morse Dunning, who continued to own them until her death in 1975. Pursuant to the provisions of her Last Will and Testament, Ms. Dunning devised 1376 Main Street to Lucy Gibbons Morse and 1372 Main Street to Marjorie D. Morse, Barbara Morse Church, and William G. Morse, Jr'. Since that time, the properties have been held by separate individuals or Trusts. A title abstract detailing the chronology of the title is also enclosed herewith for your ease of reference. Currently, 1372 Main Street is owned by the Trust, the Trustees of which are Richard and David N4cCowan and their sister, Debra Tarpey. 1376 Main Street is owned by the Pelletier Realty Trust, the Trustee of which is the McCowan siblings' mother, Mary M. Pelletier. Accordingly, and in light of the foregoing, we are seeking a determination from you as to whether 1372 Main Street is buildable for single family residential purposes. The Trust has filed an abatement application with the Barnstable Assessing Department. Obviously, a determination relative to the lot's buildability will significantly effect the outcome of the abatement proceeding. Therefore, if you could kindly consider this request at your earliest opportunity, we would greatly appreciate it. Thank you for your time and considered attention to this matter. We would be happy to answer any questions you may have as you review our request. In the meantime, we look forward to hearing your final determination. We remain, Very truly yours, Sarah A. Turano-Flores cc: Attorney Eliza Z. Cox Town Attorney Ruth Weil 1810728.1 The third lot shown on the 1961 plan was devised to her step-children, is currently owned by a third party, and is not the subject of this inquiry. Nutter Sarah A. Turano-Flores Direct Line: 508-790-5477 Fax: 508-771-8079 E-mail: sturano- flores@nutter.com September 1, 2009 0109642-00001 By Hand Thomas Perry Building Commissioner Barnstable Building Division 200 Main Street Hyannis, Massachusetts 02601 Re: 1372 Main Street, Cotuit, Massachusetts Assessor's Map 33, Parcels 46 and 24, respectively Dear Mr. Perry: As you may recall, Liza Cox and I have met with you a few times regarding the above- referenced parcel of property and our unique request xo go through a building permit application process without fully engineered building plans. Specifically, you might recall that earlier this year we sought a zoning determination for this property, but were subsequently informed by the Town Attorney's office that a building permit application would be necessary to determine whether the lot was buildable. As Liza and I discussed with you at our meetings, the title history to this lot is rather unique and, as such, our client is hesitant to expend considerable funds on fully engineered site.plans and architectural floor and elevation plans, only to have it determined that the lot is not buildable. However, in order to get a building application before you, we hired Dan Ojala of Down Cape Engineering, Inc. to prepare the enclosed site and building plans and to assist us with filling out the Building Permit application. Pursuant to our discussions, therefore, please find enclosed a fully executed Building Permit application (Exhibit A), together with site and building plans prepared by Down Cape Engineering (Exhibit B). We would appreciate your determination as to whether this lot is buildable based on the enclosed application and our review of the title history, set forth below. The parcel is located in the RF Zoning District and also within the Resource Protection Overlay District. It is approximately 1.56 acres in size, contains 70' of frontage and is improved with a barn that is estimated to have been constructed in the late 1800's. It is also improved with a three bedroom septic system which was permitted and installed in 1993. It is presently assessed at $4,956,000 and has always been assessed as a separate, residential lot. NUTTER McCLENNEN & FISH LLP •ATTORNEYS AT LAW 1471 Iyannough Road • P.O. Box 1630 • Hyannis, Massachusetts 02601-1630 • 508-790-5400 • Fax: 508-771-8079 www.nutter.com f Thomas Perry September 1, 2009 mi Page 2 Earlier this year, we filed an abatement application with the Board of Assessors, asserting that the lot was over-valued because it was classified as a buildable lot when, in fact, it is not buildable under zoning. The Board refused our abatement application. During the hearing, the Chairman noted that until we received a zoning determination that the lot was unbuildable, the Assessors would not change the assessing classification for this property. Therefore, your determination on this building permit application is very important to our client. While it is hoped the lot is buildable (as it has been assessed as such for many, many years), if it is not buildable, the family would like the assessing classification changed to reflect its true status under Barnstable's zoning bylaw. Y From our title research, we learned that our locus was owned by Jean Morse Dunning in 1961. At the time, it was included in a larger 3.98 acre parcel of property she owned along Cotuit Bay. In 1961, she caused a plan of land to be prepared, carving three (3) lots out of the 3.98 acre parcel, one being our locus. A copy of this 1961 plan is enclosed herewith for your ease of reference as Exhibit C and our locus is highlighted in orange. At the time, in 1961, the lots were located within the Barnstable RD Zoning District, which required 20,000 s.f. in area, and had no frontage requirement. Therefore, the lots fully conformed with zoning when they were created. Although she caused the plan of land to be prepared, Ms. Dunning apparently never sought its endorsement by the Barnstable Planning Board and she never recorded it at the Barnstable Registry of Deeds'. In 1968, Jean Morse Dunning prepared her will. In it, she devised Parcels A, B and C to various relatives. Specifically, she devised Parcel A to her step-children, Parcel B to Lucy Gibbons Morse, and Parcel C (the locus) to Marjorie D. Morse, Barbara Morse Church, and William G. Morse, Jr. However, these conveyances did not take effect until the date of her death, in 1975. She never conveyed out the lots during her lifetime. In 1973, the Town of Barnstable changed the zoning in the area and now the properties fell within the RF Zoning District. Within the new zoning district, the frontage requirement increased to 150'. Although it was Jean Morse Dunning's intention that the lots be eventually held in separate ownership, at the time of the 1973 zoning change, she had not yet done so. Moreover, because she was still alive, the provisions of her will had not yet taken effect. Therefore, at the time of the zoning change, title to all three lots remained in single ownership. ' We could find no records at the Barnstable Town Offices relative to any approval or endorsement by the Barnstable Planning Board. To date, our research also reveals that the plan has never been recorded, although it was filed with the Barnstable Probate Court as part of the probate proceedings under the Will of Jean Morse Dunning. r t Thomas Perry September 1, 2009 Page 3 Eventually, Ms. Dunning died in 1975 and the lots were distributed in accordance with the provisions of her Last Will. They have been held in separate ownership ever since. A title abstract detailing the chronology of the title is also enclosed herewith for your ease of reference as Exhibit D. Kindly utilize the foregoing title and zoning history to assist you in making a determination as to whether the lot is buildable. Thank you for your time and considered attention to this matter. Should you have any questions, please do not hesitate to contact me. In the meantime, I remain, Very truly yours, da- � X4.� y Sarah A. Turano-Flores Enclosures cc: Attorney Eliza Z. Cox Richard McCowan, Trustee Daniel A. Ojala, P.E. 1853288.3 r c P�oF�tt�r�ti Town of Barnstable k Regulatory Services + f MASS_ Thomas F. Geiler,Director Building Division Thomas Perry,CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601. www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: �c ATTN: FAX NO: _ �- (P 2 � `� � ( 37 Z RE: C,0 FROM: DATE:. j 2--( (�O PAGE(S): (INCL•UDING COVER SHEET) Rev:121901 f OFIKE roy, Town of Barnstable Regulatory Services sAMSTABM MASS, g Thomas F. Geiler, Director 1639. �0 rEDMA'�A Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 October 9,2009 Ms. Sarah A. Turano-Flores Nutter McClennan&Fish LLP 1471 Iyannough Road PO Box 1630 Hyannis, MA 02601 RE: 1372 Main Street, Cotuit Map 033 Parcel 046 , Dear Sarah, This letter is a follow-up to my previous letter of September 25, 2009, regarding the above captioned address. The reason for the denial of my previous letter still stands but some of the details of ownership I had previously overlooked but that would not change my position relative to this property's ability to be developed with a single family home. This property has been evidently created by deed. In order to have protection through this Town's ordinance the lot must be created by a plan that has been recorded and endorsed. This never happened. Yes,there was a plan that had been drawn but that's as far as it went. It was never recorded. The plan as drawn lacked sufficient frontage for the zoning district at the time it was drawn. The zoning district in 1961, which is when this plan was evidently drawn was designated RD and this required 20,000, square feet of lot area,and 125' of lot width. This had at that time 70 of lot width. But as I said previously this plan was NEVER recorded and therefore cannot be recognized for zoning purposes. I.am still of the opinion that to develop this lot for single family purposes would require a Variance from the Zoning Board of Appeals. Respectfully, Thomas Perry, CBO Building Commissioner �FTNE ram, Town,of Barnstable Regulatory Services " an� LE. ' Thomas F.Geiler,Director i639 1�g renMar°i Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 September 25, 2009 Ms. Sarah A. Turano-Flores: Nutter McClennan& Fish LLP 1471 Iyannough Road P.O. Box 1630 Hyannis, Massachusetts 02601 RE: 1372 Main Street, Cotuit Map 033 Parcel 046 Dear Sarah, I have received the plans and documents for the above captioned address and I must deny . the building application to convert this existing barn to living space. The reason for this denial is the process to subdivide this property was never executed. This zoning district currently requires.2 acres of upland for new lots created. Since this subdivision was not done, in order to create a separate dwelling unit on the same lot this would require zoning relief in the form of.a variance from the Zoning Board of Appeals. I hope this information is helpful and should you require additional information, please do not hesitate to contact me. Sincerely, Thomas Perry, CBO Building Commissioner 4 Nutter Sarah A. Turano-Flores 2' ?� �} Direct Line: 508-790-5477 Fax: 508-771-8079 E-mail: sturano- fl,ores@nutter.com tlores@nutter.com MEMORANDUM April 10, 2009 ' 0109063-00001 TO: Jeffrey Rudziak, Director of Assessing CC: Barnstable Board of Assessors FROM: Sarah A. Turano-Flores RE: Application for Abatement Fiscal Year 2009 Real Estate-Tax.Bill Bill No. 18245; Parcel ID 033046; McCowan Cotuit Trust, Property Owner As you may recall, this office represents the McCowan Cotuit Trust (hereinafter, "Trust"), owner of the property located at 1372'Main Street in Cotuit (hereinafter, "the McCowan Property"). This Memorandum is written in support of the Trust's application for an abatement, filed with your office on January 30, 2009.' We understand this matter has been scheduled before the Board of Assessors at its April 28, 2009 public meeting. In the Fall of 2008, the Trust appeared before the Barnstable Town Council, seeking approval of a Conservation Restriction which would limit the development rights of the McCowan Property. During the course of this proceeding, the issue was raised as to whether the McCowan Property•was buildable. The property is approximately 1.56 acres in size, contains 70' of frontage and is improved with a barn that is estimated to have been constructed in the late 1800's. It is also improved with a three bedroom septic system permitted and installed in 1993. It is presently assessed at $4,956,000 and has always been assessed as a buildable, residential lot. As a result of the discussions at the Town Council hearing in December, our office conducted research into the back title of the Subject Property. From our title research, we learned that in 1961 Jean Morse Dunning caused a plan of land to be prepared, carving three (3) lots out of a 3.98 acre parcel she owned on Cotuit Bay. A copy of this 1961 plan is enclosed herewith for your ease of reference as Exhibit A and the McCowan Property is highlighted in orange. The three (3) lots are shown on the attached plan as Parcels A, B and b C. The lots each contain 1.3 (Parcel A), .9 (Parcel B) and 1.56 Parcel C - the McCowan Nutter McClennen&Fish LLP ■ Attorneys at Law , 1513 lyannough Road,P.O. Box 1630 ■ Hyannis,MA 02601-1630 ■ 508-790-5400 ■ Fax:508-771-8079 ■ www.nutter.com Jeffrey Rudziak April 10, 2009 Page 2 Property) acres of land, respectively. They also contained frontage of 70' (Parcels A and C) and 52.36' (Parcel B), respectively. At the time, the lots were located within the Barnstable RD Zoning District, which required 20,000 s.f. in area, and had no frontage requirement. Therefore, they fully conformed with zoning when they were created. Although she caused the plan of land to be prepared, Ms. Dunning apparently never sought its endorsement by the Barnstable Planning Board and she never recorded it at the Barnstable Registry of Deeds'. In 1968, Jean Morse Dunning prepared her will.' In it, she devised Parcels A, B and C to various relatives. Specifically, she devised-Parcel A to her step-children, Parcel B to Lucy = Gibbons Morse, and Parcel C to Marjorie D. Morse, Barbara Morse Church, and William G. Morse, Jr. However, these conveyances did not take effect until the date of her death, in r 1975. In 1973, the Town of Barnstable changed the zoning in the area and now the properties fell within the RF Zoning District. Within the new zoning,district, the frontage requirement increased to 150'. Although it was Jean Morse Dunning's intention that the lots be eventually held in separate ownership, at the time of the zoning change, she had not yet died and, therefore, the provisions of her will had not yet taken effect. Eventually, Ms. Dunning died in 1975 and the lots were distributed in accordance with the provisions of her Last Will. They have been held in separate ownership ever since. A title abstract detailing the chronology of the title is also enclosed herewith for your ease of reference as Exhibit B. Therefore, our research_has revealed that during the period between 1961 and 1975, Ms. Dunning owned all three (3) lots. The time period during her common ownership includes the 1973 zoning change, which increased the frontage requirements to 150'. Generally, adjacent nonconforming lots in common ownership will normally be treated as v single lot for zoning purposes so as to minimize nonconformities with the dimensional ' requirements of the zoning bylaw or ordinance. Vetter v. Zoning Board of Appeals of Attleboro., 330 Mass. 628, 630-631, 116 N.E.2d 277, 278 (1953); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353' 187 N.E.2d 499, 502 (1963); Vassalotti v. Board of , Appeals of Sudbury, 348 Mass. 658, 661, 204 N.E.2d 924, 926 (1965). This is known as the doctrine of merger. Because the lots were held in common ownership in 1973 at the time of the zoning change, they would have merged for zoning purposes at that time. The grand- fathering provisions contained in General Laws, Chapter 40A, Section 6, 14 would not apply ' We could find no records at the Barnstable Town Offices relative to any approval or endorsement by the Barnstable Planning Board.- To date, our research also reveals that the plan has never been recorded, although it was filed with the Barnstable Probate Court as part of the probate proceedings under the Will of Jean Morse Dunning. . f ., Jeffrey Rudziak April 10, 2009 Page 3 in this instance, as more than five (5) years have passed and, moreover, the 1961 plan was never recorded nor endorsed. In light of the foregoing, it would appear that the 1973 zoning change rendered the McGowan Property unbuildable at that time. The lots have been held in separate ownership since the mid-1970's and, therefore, have been properly assessed as separate lots. However, it does not appear that the McCowan Property has been buildable since 1973. We have requested a buildability determination from Building Commissioner Tom Perry, but to date have not heard a response. Accordingly, the Trust is seeking an abatement for the FY 2009 Real Estate tax bill. Enclosed herewith is an Appraisal Report prepared by licensed Massachusetts Appraiser Joseph M. Clancy of Clancy Appraisal Company, Inc. As you can see, it is a retrospective appraisal report as of January 1, 2008, and it values the property as an unbuildable parcel at Five Hundred ($500,000) Thousand Dollars. Therefore, we respectfully ask that you recommend to the Board of Assessors that they approve the abatement application. Should you have any questions, please do not hesitate to contact me. Thank you and I remain, Very Truly Yours,. Sarah A. Turano-Flores cc: Thomas Perry, Building Commissioner Ruth J. Weil, Town Attorney x n T" 20/.7._�-"� "`ate 4E _ 'mil ;N ---- .--------------------------- _ '',� -. ••f /////.. u`.V Ep /o ACRES O`0 / 1 0•. , / `N6p 3a9 8' , . �•90 ACRES ; 0*1 9 / q , PLAN OF LaaNp �� COTU IT,Q-«.vST.tsLE:MA35. ; JEAN M . ' DUNNING • 40Fn Pub. c , I961 ' NI�wN 6a...�a� q�«•.gyp LAW-SV RYaY o40 � Lender/Client CLIENT:,RICK MCCOWAN Address 13 RICHARDS ROAD,PRINCETON,MA 01541 Occupant VACANT SITE Appraiser CLANCY APPRAISAL CO. INC. instructions to Appraiser FOR ABATEMENT PURPOSES Location ❑ Urban ® Suburban ❑ Rural Over 75% ° ° Good Avg. Fair Poor Built Up ❑ 25/°to 75% ❑ Under 25/° Employment Stability ❑ ® ❑ ❑ Growth Rate ❑ Fully Dev. ❑ Rapid ® Steady • ® Slow Convenience to Employment - ❑ ® ❑ ❑ Property Values ❑ Increasing ® Stable ❑ Declining Convenience to Shopping, ❑ .® ❑ ❑ Demand/Supply ® Shortage ❑ In Balance ❑ Oversupply Convenience to Schools ❑ ® ❑ ❑ Marketing Time ❑ Under 3 Mos. ® 4-6 Mos. ❑ Over 6 Mos. Adequacy of Public Transportation ❑ ® ❑ ❑ Present Land Use 85 %1 Family 0 %2-4 Family 0%Apts. _%Condo 0 %Commercial Recreational Facilities ® ❑ ❑ ❑ 0%Industrial 0%Vacant 15 % VACANT Adequacy of Utilities ® ❑ El _ Change in Present Land Use ® Not Likely ❑ Likely(*) ❑ Taking Place(*) Property Compatibility ® '❑ ❑ ❑ (*)From To Protection from Detrimental Conditions ® ❑ ❑ ❑ Predominant Occupancy ® Owner ❑ Tenant %Vacant Police and Fire Protection ® ❑ ❑ ❑ Single Family Price Range $ 500K to$ 8+MIL. Predominant Value$ 1+MIL. General Appearance of Properties ® ❑ ❑ ❑ Single Family Age NEW yrs.to 150+ yrs. Predominant Age 75+- yrs. Appeal to Market ® ❑ ❑ ❑ Comments including those factors,favorable or unfavorable,affecting marketability(e.g,public parks,schools,view,noise):SUBJECT IS LOCATED IN THE VILLAGE OF COTUIT IN THE TOWN OF BARNSTABLE IN CAPE COD. HOUSING STYLES CONSIST OF MOSTLY LARGER TRADITIONAL DESIGNS HOMES. SCHOOLS AND STORES ARE LOCATED WITHIN 2 MILES. PRIVATE SALT WATER BEACH AT WATERS EDGE ON NANTUCKET SOUND.EMPLOYMENT CENTERS ARE LOCATED WITHIN 8 MILES IN HYANNIS.EMPLOYMENT STABILI-I IS CONSIDERED AVERAGE AND APPEAL TO MARKET IS GOOD. Dimensions SEE ATTACHED ASSESSOR'S PLAN = 1.56 Sq.Ft.or Acres ❑ Corner Lot Zoning classification RESIDENTIAL-RF(2 ACRE MINIMUM LOT SIZE REQUIRED) Present Improvements ❑ do ® do not conform to zoning regulations Highest and best use ❑ Present use ®Other(specify)APPRAISER AS IF UNBUILDABLE SITE. Public Other(Describe) OFF SITE IMPROVEMENTS Topo ROLLING SITE Elec. ® Street Access ® Public ❑ Private Size 1.56 ACRE-W.F. Gas ® Surface PAVED Shape IRREGULAR Water ® Maintenance ❑ Public ❑ Private View GOOD.SOUND VIEWS San.Sewer ❑ PRIV./TYPICAL ® Storm Sewer ❑ Curb/Gutter Drainage NO APPARENT PROBLEM ❑ Underground Elect.&Tel. ❑ Sidewalk ❑ Street Lights Is the property located in a HUD Identified Special Flood Hazard Area? ®No❑Yes Comments(favorable or unfavorable including any apparent adverse easements,encroachments,or other adverse conditions): PER ATTORNEYS SITE IS UNBUILDABLE SITE.SUBJECT SIT IS BEING APPRAISED AS IF UNBUILDABLE.SEE ATTACHED COPY OF PRIVATE SEPTIC SYSTEM INSTALLED FOR BARN ONLY.THE SUBJECT SITE DOES NOT CONFORM TO CURRE 2 ACRE ZONING REQUIREMENTS.IT WAS NOTED THE DETACHED STRUCTURE ON THE SUBJECT SITE HAD A TITLE V SEPTIC SYSTEM,NO ADVERSE EASEMENTS OR ENCROACHMENTS. SEE ADDENDUM FOR ADD'L.COMMENTS. The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made thus reducing the indicated value of subject; if a significant item in the comparable is inferior to or less favorable than the subject property,a plus(+)adjustment is made thus increasing the indicated value of the subject. ITEM SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 _ Address 1372 MAIN STREET 160 LAKEVIEW DRIVE LOT 171 SPOONDRIFT WAY LOTS 33,41,47FOSTER-LOT4 PASCONEY COTUIT MA 02635 CENTERVILLE,MA 02632 MASHPEE MA 02649 EAST FALMOUTH,MA 02536 Proximitv to Subject 5. 7.46 miles NE 1.88 miles SW 7.25 miles SW _ Sales Price VALUE AS UNBUILDBALE �� ��" 400,000 400 000 ),_ ,, . ��, F $ 695,000 Price , f $ -- Data Source ON SITE iNSPEC/ASSESSOI MLS/BROKER/ASSESSORS/FILES MLS/BROKER/ASSESSORS/FILES MLSIBROKERIASSESSORSIFILES Date of Sale and DESCRIPTION DESCRIPTION + — Ad'ust. DESCRIPTION +— Adjust DESCRIPTION + — Adjust. _ Time Adjustment N/A 03/02/2007 CLD 12/31/2008 CLD 08/17/2007 CLD Location SUPERIOR SUPERIOR SUPERIOR SUPERIOR Site/View 1.56ACRES/GD.SOUND VW .26ACRE/GD.POND VWS +100 000 .61ACRE/EXC.CREEK VW; EQUIV. 1.9ACRES/GD.P0ND VWS AMENITIES DETACHED BARN FLOATING DOCK NONE +50,000 OLD COTTAGE AMENITIES PRIVATE BEACH PRIVATE BEACH NONE +50 000 PRIVATE BEACH _ AMENITIES NONE NONE NONE NONE AMENITIES NONE NONE NONE NONE Sales or Financing NONE NONE NONE NONE Concessions KNOWN KNOWN KNOWN KNOWN Net Ad'.(Total) � �� + 100 000 + 100 000 Indicated ValueI + � of Subject A F�� �� �,,, ,. � fffiet �5' ,,.„ $ 500,000 ,�l to � $ 500.000 N.0_ ° $ 695,000 Comments on Market Data: No Time Adjustments Needed Due To Overall Stable Market Conditions In This Market Segment. All Com arables Are Given Equal Wei( In Determining The Final Value Estimate. Due To The Limited Number Of Unbuildable Comparable Sales In The Subjects Immediate Area The Search Was Expanded Beyond One Mile in Radius and Six Months in Time. Comments and Conditions of Appraisal: ESTIMATE RETROSPECTIVE MARKET VALUE AS IF SITE IS NOT SUITABLE FOR A SINGLE FAMILY DWELLING DUE TO INSUFFICIENT LOT SIZE. THIS IS A RETROSPECTIVE APPRAISAL REPORT AS OF JANUARY 1 2008. THE DATE OF INSPECTION IS DECEMBER 12 2008. Final Reconciliation: MARKET DATA IS THE ONLY RELIABLE INDICATOR OF VALUE FOR SUBJECT PROPERTY. MOST WEIGHT WAS GIVEN TO SALE#3 AS IT CLOSELY RESEMBLES THE SUBJECT SITE SIZE AND HAD AN OLD COTTAGE ON SITE. --- FY -2006 RES. LAND $3,623,000 BUILDING $ 39,300 TOTAL ASSESSMENT $3,662,300 FY -2007 RES. LAND - $3,666,600 BUILDING - $ -39,300 TOTAL ASSESSMENT $3,705,900 FY -2008 RES. LAND $3,6666,600 BUILDING $ 39,300 TOTAL ASSESSMENT $3,705,900 . FY -2009 RES. LAND - $4,925,300 BUILDING $ 30,700 TOTAL ASSESSMENT $4,956,000 ? THIS APPRAISAL REPORT IS INTENDED FOR USE IN ESTIMATING THE RETROSPECTIVE MARKET VALUE OF THE SUBJECT PROPERTY AS OF JANUARY 1, 2008 ONLY. THIS REPORT IS NOT INTENDED FOR ANY OTHER USE. THE INTENDED USER IS RICK MCCOWAN. THIS IS A LAND APPRAISAL,SUMMARY APPRAISAL REPORT. SCOPE OF WORK: THIS IS A LAND APPRAISAL REPORT WHICH REPORTS THE ESTIMATED MARKET VALUE OF THE SUBJECT PROPERTY AS OF JANUARY 1 , 2008. A PHYSICAL INSPECTION IS MADE ON THE SUBJECT PROPERTY AND A REVIEW OF PUBLIC RECORDS. RESEARCH.IS CONDUCTED IN THE IMMEDIATE AND SURROUNDING AREAS TO DETERMINE THE BEST SALES WHICH ARE MOST SIMILAR TO THE SUBJECT PROPERTY FOR THE SALES COMPARISON APPROACH.- A MARKET ANALYSIS IS DETERMINED ALONG WITH ASPECTS OF THE SITE AND ARE ANALYZED AND REPORTED TO THE BEST OF OUR KNOWLEDGE. INFORMATION IS OBTAINED FROM A NUMBER OF SOURCES AVAILABLE INCLUDING MLS,ASSESSOR'S RECORDS,REGISTRY OF DEEDS, OWNERS, BROKERS, BUILDERS,NATIONAL,STATE,AND LOCAL REAL ESTATE SERVICES AND PUBLICATIONS. INFORMATION NOT AVAILABLE TO THE APPRAISER IS DOCUMENTED IN THE REPORT. GIVEN ALL OF THE ABOVE,THE REPORT IS COMPILED TO ARRIVE AT OPINIONS AND CONCLUSIONS WHICH ARE STATED IN THE REPORT. AT TIME OF INSPECTION THE SUBJECT SITE WAS FOUND TO HAVE AN EXISTING BARN. BARN WAS NOTED TO HAVE AN EXISTING SEPTIC SYSTEM, SEE ATTACHED PLAN AND SEPTIC PERMIT FOUND ON RECORD AT TOWN BUILDING AND HEALTH DEPT. AT TIME OF INSPECTION THERE WAS A SMALLER GARAGE OR SHED NOTED,BUT APPEARS TO BE LOCATED ON ADJACENT LOT TO SUBJECT. 'AS OF THE EFFECTIVE DATE OF REPORT, NO VACANT WATERFRONT SALES WERE NOTED IN THE SUBJECTS IMMEDIATE AND SURROUNDING AREAS,DUE TO THIS FACT,IT WAS NECESSARY TO EXPAND THE SEARCH BEYOND ONE MILE IN RADIUS AND SIX MONTHS IN TIME TO NEIGHBORING TOWNS OF MASHPEE AND FALMOUTH. COMPARABLE#1 SITE WAS ADJUSTED AN ESTIMATED$100,000 DUE TO ITS MUCH SMALLER LOT SIZE WHEN COMPARED TO THE SUBJECT. COMPARABLE#2 SITE WAS ADJUSTED AN ESTIMATED$50,000 DUE TO ITS SMALLER LOT SIZE AND$50,000 DUE TO ITS LACK OF A SIMILAR PRIVATE BEACH WHEN COMPARED TO THE SUBJECT. COMPARABLE#3 SITE WAS ADJUSTED AN ESTIMATED$50,OOO DUE TO ITS LACK OF A SIMILAR DETACHED BARN WHEN COMPARED TO THE SUBJECT. THE COMPARABLE SALES USED INDICATE AN ESTIMATED SITE VALUE AS AN UNBUILDABLE LOT FOR THE SUBJECT OF$500,000. R • 'r i 14.0' 5 r 6. 0 20.0' DETACHED DARN 44.0' Sketch by Apex JV' - Comments: AREA CALCULATIONS SUMMARY AREA BREAKDOWN Code Description Net.Size Net Totals. Breakdown Subtotals GAR Garage 1200.0 1200.0 i 1 typically motivates; (2) Dom parties are well intormeo or wep aavisea, ano earn acting in wnat ne consiaers nis own best interest; (3) a reasoname time is auowea for'exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or tcreative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: • ♦ k 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area: Because the appraiser is not a surveyor, he or she makes no guarantees,express or implied,regarding this determination. _ 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other,appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report,'the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such.conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal;report and valuation conclusion for an appraisal-that is subject'to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage, insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the' appraisal can be conveyed by anyone to the public through advertising, public relations,' news, sales, or other media. 1. I nave researcnea the Subject market area ana nave Selectea a minimum of tnree recent Sales of properties most similar ana proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report,and ('believe, to the best of my knowledge, that all statements and information in.the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap,familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for.performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation,a specific valuation,or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards,which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make'a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I.will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above,and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 1372 MAIN STREET,COTUIT,MA 02635-3540 APPRAISER: SUPERVISORY APPRAISER (only if required): Signature: z Signature: Name: WILLIAM DEBS Name: JO CLA CY,ASA MRA Date Signed: JANUARY 23,2009, Date Signed: JANUARY 23,2009 State Certification#: MA C.R.R.E.APPRAISER#75341 State Certification#: MA C.G.R.E.APPRAISER#76 or State License#: or State License#: State: MA State: MA Expiration Date of Certification or License: 11/18/11 Expiration Date of Certification or License: 7/23/11 ® Did ❑ Did Not Inspect Property (jib, Anry a la mode, ins 4° 71ut�ex#Ct stssExt6tettGncax9[jy ,� ..��� Z•o '•`"-,� Ma�t�� �3�• �-.. .••� �r ��,-a��: srras 3 r�Me Eirl a , wv� Ccnrvtlare v v Area West Fiarnstabie t= . Otis`k r F°rr lase r h { E�uirc,5table, PocffsseE sk °Gar!lABur�ess.� CoeiSelvfraY€ rt PA�� t7 3 7 X� �tra S:+ $. +e c; a Fosse Matra °'� r Q Farmaravilie. 149 N 132 .: ho d" F2ace r. W. r Ntvy • 4j4'� ���ta Pu'fliiCo Posrd Rd .Wrikdhy T. VA C� ' z O - Wars aris tRiils.,. nuth v" r� rA _,Mesh 'Via} i 39 PaI 11CWt1t Rdx� a k?tttr?rVIIIFt Crsiukle Beach �,-'3 a o �trfi V1YstllyerF1iStJc7Yi }{atchydle R 4 Q t7stc�ry tld W v .. A tittfllt� 4'£§�,Ft=; f .'tea jxy d T* P , ¢. y 3.: Pa¢y Frrfsitult @ a ° M Nack, n 1 iLs�Hrvy! Garner , Y� ti ' y � � a, Lend. m xn " f z� t P a 37 4 enP r 9rnalEunvn r eil..f4 n { n x t ¢ 53 r €aa y Uf{UClttn 4E} �i[ �s ��: p, a WTt f< sY r '�'sd Bra ; � f M�y Gore@ Ps �F f Rack t.a�h Jag; f r 14Pi'rlJtaarat ."3k rcWo -lar 3Ok t'i�`vJ CSars'vrll ., AT Ss e Falrrtouth F{qirshts s OF, x ., '. �` ,kkj s ,MP�^ f f� )' f K •b'ro3' 2 �N' >'f„YY & �� ?➢ f c"�`�`.gin, .� Ja 2 . �� aO� k+ �t � � +lam 2� 1 a �� x��� ��� `� � `��.� - ��� rr�a ,:'� �+ ',,, C 'fit ��* ' � �"�r ��>;vF,n � !�' '�°=E r'.�:`i{r •r g ��1 �7��� �, � �"; k East Ctro � : z , 'E stv Ile �� rc 9MM, c 3� �' R���r4 ty:Tr< `•<z E� .i _ tg � £ �.F � ba't "'-' C �r�,a � ��.�t ',{�"•��,�;� "� � �� #� � �t�. � � ac�c�,€ ''5��,�x ��� r �: t , v . r F li r - F ! v fJ i s. . f, { • r qm r { ! f . . Maiwn:.';�an:.c:ms� d crtw:•.+yci:.'l w��rt ,eroaF�. � ., l BeuF8388 232 0MCI AZU DEED WE, . FRA:NCES M. McGOWN' of 299. Oceanview Avenue, Cotuit, Massachusetts, MARY M. "MCCt)WAN of 6 Golden Hill Avenue. Shrewsbury, Massachusetts, Trustees of THE BARN PROPERTY TRUST, 'under a. declaration of Trust dated December 31, 1986, duly recorded in: the Barnstable. County Registry of. Deeds in Book 5499, At Page 114, in Consideration of less than :One Hundred and NO/ baths ($.100,00) Dollars grant to Richard Mccowan, David McCQ an and Debra Tarpey, ,Trustees of the McCowan Cotuit Trust . 1992 :under. a bedl ation of Trust datd December 0 1992 rrec arded herewith as ;Document a� 3: ''7 _ cif 6 Golden Hill Avenue,„ 'Shrewi3Wry, Worcester County, Massachusetts 01545 with. quit�lairi c6venante the land. in the Town.of Barnstable (Cotuit) , Barns�ta`ble Cou,nty,; Commonwealth of Maiss-achusetts together~ with th+- bu.i ii1n"g�a and improvements .thereon being more particularly bounded an4 described as follows. Beginning at a point 122:;36, distant in a direction ` PIQRTH 171159000* EAST along the easterly side .of mein s'tre.et , from the northwesterly corner of land now or formerly of mill am B. Dunning,.g, L.G. Case No. 18944, theriC:e (1 N ORTt - 27,0 59 r 00- EAST 70 feet to a: p.dint on. the 'easterly side: of Main Street; thence (z) SOUTK 79°27120* EAST 197.92 feet to s point; thence z (3) SOUTH 6W13615011 EAST 374.3.3 feet to a point; thence (4) along the, southwesterly line of land now or formerly of William G. Morse to the wean high water mark of Cotuit Harbor 73 meet:, moire,rt less, thence returning to the point or place of beginning c�nd.:r"ulrnnc�; SCNT'R 79019f2{j01 EAST 2Q I,76 feet to a' point; thence. ,(6) SOUTH 601137150" EAST 200 feet to a point; thence , (7) SOUTH 29°22110,v WEST 117 foet tO a point; thence s (s) S€7UT11 60-3745011 EAST 200 feet to point: in the mean high water mark of Cotuit Harbor; thence {9} in a northwesterly direction along the mean high water var'k of Cotuit Harbor ,to a point which xs the terminus of Course 4. Assessors M'ap 3,3 PariW 22-3 " NJF motowran, seabury C fir r t I 15. -doe ` ;i 4,50 F ' � - y 74 t i %ta a.e3ItIH Fomc!,' ! • ..,F^y>� _. ' f A .;� _ - �- Fc� tarp..., e N L t err r 7,foo Gal,. sap tic Tank. 1 01 Titer f.. a y 9� .42r r fr, r 1 r '.?7A- s P �- f3,Tort pit 4: r,, r , 40• (2) 20'i x 2* z 2 d . fit"s F , TP }. t / - r Stone Trenches L rl- p 6C7u � s6ny ���_ atity . is �2 ,proposed l Water r'lhd S 6037`50' EFos `- Assrassars map 3.3 Parcel 4,6 0t3.00-..:... N117-McCowan, glary U-• McCown, Fronces +3t, xis.. N. � �;�]. -tia,`�.t.��e s ... / (gym�;' (I.� � - "• .:o�r,� _�-- y7 '} �rf. -. ." _ ��fci� n .fvcrnwy+�S�ry.� !tr /• \ � �� R^t`-S,:� �..,_ „_,,� } �� �. h Y r N THE COMMONWEALTH OF MASSA.CHUSETTS. { QOARD OF HEAL-17 Appil6ation is herNa)y naade fur• a Pernzit. to Coast:Oct (X } oi• Rspair € tt1 I1tcls idta tI se age 3.}iypo;f"d Systexti at 1372 Mai,rt $troei , Catu i�, MA. I4ap 3 a; Parc t-1 4Cn ht Mc:royar)..... �r�..�, .,,_._. c/o Board#tan Bu11ci r�`���l ric; Rd. , Pr�incetor;,KA :r. __.._... Type 91.1IIurldin Saxc .l cat � .> � Sq- eet I�icclling rltty of.:Be lrcic?za1s -.:.: S Txpatisio,zt:., ttte >l. ) rl ge- ncicr ( j. Utherujae;of Ificuldlst}; , No -i: erGtss ---:-• �hlow,irs• Miter fixtures s I esaRn }`Iaw 1 0alla:as per 'r �t�ye.petJ day I ail;da11� fic 30 ltnn.: ; aeptrc 1° tl°t I stir td ctt aeae� t r8).Q" Qllons Length. } .:.... �JflT 1. I� Mete ............ Dispo, II :Trenc Ncs,,: ._..- .....Width _. Teal LerF#tia . ,. ,.:,..,; Total,leaching ctp k IL 1S},. '1 71 Xi, ..._ })(f-l) lx2lo irilct,,.,..... ..._..,.:.I ci I k',R „iT)g i1�C':1,.__-..............wtl. f1th.e Distilbution lain. ,K.; -l?Ans r talc ( . F:ll in-tion Test ReSU9ts p{rr-Tomled by.... llt r y..>V.411,J,. a....c.aa.r.,... ,.. amT.i l.1.__.....- ' --�.j-•?..3 ....... e° :t S i vfc 1 .•_--_ rri:nut_..pe, ..1fit Dc}} rl of 'rest Pit _ ..... 1 Yp l t; ground water....,.,....., .,.._... 144 Tc st flit No. inch l.)cp 7. of rc:it E.�Ic I t 1. r)i. A to t ro.-u- 1 water:t! �,l� F f {a-tki,'I P � _.. DescrapTiat c, Soil-, Tc�I :?}rl subsoil• .,... I. ...... tt .!:U,11}f fiel ilia. >an j _.. t i>Tttare.rtepal car Fs(ter<ICIr� a'�Ylt�vtr l 3oen a�apaicttbIc..,,.... _ _.. ..................... ��reerzaertt: Thi .1in.4 > gnea amcces t:a;a in.�,;tall the aforedescribed hidividual Se age-,Disposal System in a1ccozdajlcc- n'ich :<,fhc pro ixicl�ti of 1ITI-8 5 of:rl;c �+ta:tF }il3wircanrncr ral i o"de=Tll.e Llntiercigned fur4hckr agrees not to place the Sy,�e l;1n tper�ef4a ttmii.a t ettt.tcl ce al-f OnIpu.rice ha )�/ 1 IswUc i Icy Clsc L+ rs of h ilt}t. �tppl,cciclrtrlAl'r,s ca;t3y ....wf' ! ��'.: _. ..i.. ! ! ? ,I ........... t , ......t. ..W ( J ,�1 j�plica on T)isappr vcam Pe.a it Issue ,, . THE COMMONWEAL rvi OF MASSACHU—StITTS BOARD OF IH EA LTH TOWN OF BARNSTABLE Ci7mtr>`rratr of (11uplianre r TI.11SIS 0 C1`.RC11 } Thar rhe`1ns vidual Se,wage Disposal Sysx n.: 0onstrlacto3 { ;or ...................... ....... .. .... be .. at has h_Csn installed.it aceor ance with'The.l rovisians of TITI I„ 5 of L'llc Cade as des:crabecd in rlic applicar Baal f6 Disprxsal Wars C)nsaructir n ['ermit.Noc �.-..`. r' ,,. riatcYf _ THE,ISSLIANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED A$ A. GUARANTEE THAT THE SY 5TE-M VitILLPUNC'TION SATISFACTORY, .ft19faGttSt T.Ht COMMONWEALTH OF MASS .CHUSL•T:S. 81v?AR1� OF HEALTf-I Property L ocAtior 1i7,2.I,1A1N S'1 FC1 ,'*l'(C C>i'1'i'1`1 MAP ID-103;31046'i r' 139d�.1Vsl�cte S,tIre Use:l'0 0. vision �,D) 21 2 .�i'.rouot:P Alk tk. l of IWit'�; :r.t t. 1 Card. I. of. .'.I Print Date.I2,r 0,12008::11.48' 144C€t?Na ti e 1tlCliAlL1 ;;AAS fD«t 1 1.,+ cl Pu1i1i�1attr 'a�cEl: jt°�tca€rcF�trrim �,� 3.t �rbr arr Fete Assr�e+rt �'.At'F1r,D F'J11LS TRLTS t G1 5 ,- . .. .. _ -._.._ (7kIt31tCl bllt I Ci�a. _... 4t FteelViG4� 2F�i 4�11: � tE1Gfi �,�2�Uf1 492 ,OE1! bl�l 1 '6 tl�c _ t11iT'f' tOGf� �b(F,70t1 3fk:R00 :6attut�We ..... S€fl2Elt+.iii/T M'k' 01545 :... GU9,Af ac1d1t1cE;na1 tlti,r ers_ 7chea iD. Pik _....._ titlttE fdr+f.n La}td CO, esExrvt fiptr f ifc&tatc 7 i bL 1 LOT f tiatex: 1 DL2 ISlf3 11 A,"Q'i'7C'PLf�t yutaf A�6,0€itPi 4,9f6,000 Ftlst G). - > 1f IJ 1f.?1r,�ECSfl1Y. .. K-F I,. . ;, r9£C:. f... :tr t.x 5:f :1' i r R'.1C�f L S t 5 SL' 3�4� S —a . (3 fl .., frf ,.0 . F3 15(J51TliR; -.:, 919Ct:t>�5�'v flit;NrlR"F)..DAVID& ff38R�33y i�tt t`J`tZ 1 E 1(St1 rt T�_ xGaefe lsi:se>ilcFiar.n_ Fr�€:'c�pi rt.;sr,t§uitlydx�� � Y'r. 1Crv!�Ax.rA,s.�ei;�afue. €k3S Cf?�4A m,8 til kf S. s t92(d t f:l t:r'€-Sr1986.IF 1 T i A (}R tO60 064;600 00911060� - i -^ 3ef4k?0012007 1061D' 3h6,6,00Dl i1tCJVRS �F 1[R1.1c��1 Cr f 2_4:§;+ 97. (� 0 Oi{$ 1060 a!;300d0EkS.f060 ; 39,300�f1tk7 1C160' 19 3301)€ � E . .._. • ..._ 1 _ -- y - Tirrrq.'3 .., 3^.t3 705 900! 3 7t1x,91J17 1. --0 7otaf ,� Traf+rfr I P""4 LfFrTld1�4�5 - — 1?7HLR r' 5 4 i9� 7 7" is se r+rr►rrrg reef trurrtirtgr_r m:irxlt by rrtse f,nffrcl8r nr.tY Error µ € k trr r Type .r sCra 'rrtf 9xat+us.a G txc1 r SLrip"I"? . 4u�r7€Y .. ._ (rnCbPrxlt (irrxar¢.,,'.rtd: ! -T `'" �r' s '9f'/'�AI���k'ALFtE.St�f�'.•..��••,���lt�:� Id `xaluc(Cam 0 Appr�gs 3 T(9)Value(13ld*� 0 \F3NIa Sf E3� 1 )Via .._....................... t�'!t3fA f STlw:E Iy t 'V�lr€_ - '1�RA \Ci ttx4lt 1F A Fratscc9 QE3 .I,}ti'alaac{l3ld ) 10 700 4 _ koprajised i,..nd Value(Bldg, 4 97a 30D £' ��tccial.Land Value 5 9 0 1 � s Toral Appi:aased NrcclVa-hir: 4+? ti,EEt7oi ' V-+;§ts�tac�fa t�tetlaca3: C !AdjusWivni. 0. a , 1let Iot 11 laltra etl f'xrcel °'a1.uc 3 5e�6, 00. ° fl C'!f IJIrYr;r1�r �s cat ►., K` t c. ,1r�►r.,r;ftrs 7Ufx 1 _ +trc,trri frry rite tyaf_:,f!_.._ors.�sdr an ?..,:.�.vnr�aaertas aJrt �3l'�_.. _!.S lir .d, - �"�r rxnR ra.,4 - 1 �--` f(MI(IfI001E 03, N, 16 aOf-kitReview 2 f3(Ft13 02 11T 1,14 ,yelicat tnspection $ 5t27''200 2 eT Ott Ivitr/Umed-tntedurAcct # 1 4!101'_000 F t' OA :fe:cs,'f.istcd-IRUTkEr Acts , 1 414'DLf'4C,( LC. 1 '3 r T7f11� -s _.. _ ;•x a tS t'se 1 L"list arrc C S7 J _ if rfp ; Lt 5ctrrn e}ii r rrc,,.X) t:rers fXFec ,"=ccfar �.,t.': m"". rx`ievot, leb� 4-",: 1�'ores-A& S!er.1411Priri � Ixr t4ri f ,ce� L�rrad E/f�f c -- m --.,--. - _ ._ - 3a -. - .._. 1 .t06c'Acre sore ftw-00 Alt �.�...._ � � -� t,g6�r�.0 5 7,fiCJ0.04 Q 69! G ' t 000 t7!iO�S�•I t 3{.9.90 ACC ESsiORV T 4 xr*i,3fitt 1 � • i r € Twnf t'ar-cl Laml i T,iw tat,m t'areel T001 t_zaad a8E a-nt 56 A(' Tow.1-and\'n[uc t i ti6n Prvper6.,L auiarr 1312 RAM ti"E"ILE"T(irOT,. r#7�' kf:#F 1Z�.€13Zr��fx: f i' Oft 1V4rr?4: Srir[e,E.a<,»1060 P144on.]f3 211 Azc9ttiit 6dr1„ f Of 1 Src t�: 1 af' ! {:atrt'' 1. e�f ! Print Cltrra 1 +YYI`'�tZU�B 1 L;:�B ` � TRLG3.IUR{L�Fs7 fI fl ,. ? 57 t .Ls zFa TF�rf��f ...�_.__. . Ef raut a �d K4 +e i as wn }} $.... . ............_............ ... .. .t_....................._.„ F.� tvl"cxf l tk vaamat E [ R.0 rrt2� �,ts�r. tatua _ ttie ctrteg _� t9C:1 '4ecec4rxrte 31DT OfD lOd3 �ectarrn RCM . P�1t 7 C cast �} 4'€3 �13 ? >Cake . 1'Y�c 1LeaiY.�3a:12%ii f I y ! ! jI M A ! §'•Fi umi inai Ohdnw 7-1cmal6bsi; " �s�E Tv�erict 1'a�:anr - `t t tea I g C rnngle r._ �.Jvczal!So Curt € �•'t�pcaes Val i i x< ='1. n.Q .r L u 1a�unt C&-;q vure CJure N O r �� nst a CT(.omxrk%t r �J'L;!T7iCrIL'di'11'fr"ad, I,41�Ltzt��'��$�-L'')lt1 C'l��a�.C�TIIFG FtTTi�f FF'#`T'G!i�5�ritj • r ttra t€Gtr _;R.s 4 rn*rtmtRT. j 2Gtt i:i?D19fii5 s pL € tdte dPSrQ#P ' '4 i L ^, S Cvr:� t"criu!€ir — l e.r lr rrrrx s.lr�� rca d d arr f vs L_r:rnrz.c du{,,, I E : Xif.f`rrx C,it 1 r .:, 1as.rt. dli dFi, C7 1"mw a „� ,.�. a, SUBJECT FRONT � _ •. ���� ,� 1372 MAIN STREET SALES PRICE VALUE AS UNBUILDBALE GROSS LIVING AREA +. TOTAL ROOMS TOTAL BEDROOMS TOTAL BATHROOMS LOCATION SUPERIOR VIEW 1.56ACRES/GD.SOUND VW y - SITE c $c c QUALITY AGE SUBJECT REAR f h r 3 a s 4- t SUBJECT STREET- 0 l a ti.,, �azs )' 4� ,• VIEW r ✓ � rr ,.. u. w ., �.n.a,'s� w"x k.�^�,�'&k+3 'e,ea .` .Tt. X•k.+aa,.n ...sa.r_ ,e�4 zv VIEW z impx3 max. t -x3 y` 3 �q �ax+3 U '^� jxvx K ' �i �✓f J ry � E r N I. PRIVATE BEACH FRONT � k not MEN m 3 s� l� COMPARABLE 1 160 LAKEVIEW DRIVE PROX.TO SUBJECT 7.46 miles NE SALE PRICE 400,000 GROSS LIVING AREA TOTAL ROOMS „ TOTAL BEDROOMS TOTAL BATHROOMS `' LOCATION SUPERIOR VIEW .26ACRE/GD.POND VWS r; SITE QUALITY AGE FT a Yi 3 , COMPARABLE 2 a LOT 171 SPOONDRIFT WAY PROX.TO SUBJECT 1.88 miles SW SALE PRICE 400,000 GROSS LIVING AREA TOTAL ROOMS TOTAL BEDROOMS 9k TOTAL BATHROOMS LOCATION SUPERIOR. VIEW .61ACRE/EXC.CREEK VW SITE �3 QUALITY ER MI / ' � 3 AGE • r COMPARABLE 3 LOTS 33,41,47FOSTER-LOT4 PASCONEY rig PROX.TO SUBJECT 7.25 miles SW SALE PRICE 695,000 �` � Y } GROSS'LIVING AREA I s� �, u TOTAL ROOMS K z j �il f TOTAL BEDROOMS /. TOTAL BATHROOMS41 1,7 LOCATION SUPERIOR �- -"; VIEW 1.9ACRES/GD.POND VWS SITE QUALITY s — s ~� AGE TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION.,,, 4 Map- 5 '01 Parcel"; Application 00 Health Division Date Issued Conservation Division L"' App!ic ation Fe Planning Dept! 'Permit Fee Date Definitive'Plan Approved by Planning Board Historic OKH Preservation Hyannis Project Street Address an lo axe.+ Village Owner i CCILCI KA a Ccu)CLO Address i 3_7 a Telephone 0 Permit Request Y- s .312 Square feet: 1 sit floor: existing 0 proposed .2nd floor: xi tin —proposed -Total new C it 6 Zoning District: Flood Plain V1 A 3 rou ater Overlay Project Valuation Construction Type A Cho-�_ e., Lot Size 0 &_C.,r49_-S Grandfather6d: Ll es 0 f yes, attach supporting documentation. Dwelling Type: Single Family Two Family Ll Multi-Family (# units) Age of Existing Structure AtApA.Y) Historic House: Ll Yes ZNo On Old King's Highway: Ll Yes 2*�o Basement Type: 211 LJ Crawl U Walkout Ll Other Basement Finished Area(sq.ft.). Basement Unfinished Area (sq.ft) 312- if / Number of Baths: Full: existing. new 3 Half: existing new Number of Bedrooms: 0 existing&_new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: AGas LJOil L3 Electric U Other Central Air: )d Yes LJ No . Fireplaces: Existing 0 New Existing wood/coal stove: U Yes W<10( Detached garage: LJ existing Ll new size—Pool: LJ existing Q new size BarmArexisting Li new size Attached garage: LJ existing L3 new size —Shed: Q existing LI new size Other: Zoning Board of Appeals Authorization LI Appeal # Recorded U Commercial D Yes uj<o if yes, site plan review# Current Use Proposed Use i da& �.al APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name .Kj� AOMIJQ4n, &WeDW Aaof Telephone Number C/O Sox" A- TurarxD, Pccir-CA Address A1L/+ftAr,A0 , CJ glA/-,g License # Po /3-0u, (t�2c) 1q-7( 1-4C4A110,JA_ tLQQA14 Home Improvement Contractor# 14M alv\"J &01 Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE ,1 FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME w. INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION. f Map s Parcel Application 007 �t Health Division Date Issued Conservation Division Application Fee Planning"Dept: Permit Fee Date Definitive.Plan Approved by Plan ning_Board---. Historic - OKH - Preservation/Hyannis + Project Street Address t►�l �-r�P \ Village Owner i r1n/'i rct 2 o o-]A a n Address .13-7'Q- (Y1(a I n Telephori°e Permit Request P. r_ 1 , n �'l X -7D JA 'Iti 7 . +�� - 3 SD2nd floor: existin proposed �' !ZTotal new y Square feet: 1 st floor: existing proposed � ~ Zoning District Flood Plain VIA "Ct�-�� G'roun ater Overlay AV Project,Valuation Construction Type(_A 04 came., See +Fc�cee 1 Lot Size . `� (Af roC Grandfathered:�❑Yes 1� No Iflyes, attach supporting documentation. Dwelling Type: Single Family 0''. Two Family ❑ Multi-Family (# units) Age of Existing Structt re 11n IC,r.r2A4 Historic House: ❑Yes ®'No On Old King's Highway: ❑Yes OMo Basement Type: ®'Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) Basement Unfinished Area(sq.ft) 312 Number of Baths: Full: existing new '7) Half: existing new Q Number of Bedrooms: 1— existing(19 new Total Room Count (not including baths): existing _new First Floor Room Count Li Heat Type and Fuel: ;q Gas ❑ Oil ❑ Electric ❑ Other / Central Air: [ Yes ❑ No Fireplaces: Existing 19 New 0 Existing wood/coal stove: ❑Yes 0°°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 U,1`10 If yes, site plan review# r� Current Use It Q c,14,'n :jCj � Proposed Use ICJ i do', r, APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name 91a A (m Na'n. kte a ')AD � Telephone Number Rio Address a/r +1,,,-f c � .. �. ,I l , I.Q License # �0 (3ou t(v3� a Q A E1 Home Improvement Contractor# O'+1unn+ J t MA Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO r SIGNATURE ;l :l:� DATE kz.'aoc IV 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. TOWN OF BARNSTABLE Barnstable BARNSTABLE. • OFFICE OF TOWN ATTORNEY MASS. t639. ,�� 367 MAIN.STREET °A�EDa HYANNIS,/MASSACHUSETTS 02601-3907 2007 RUTH J.WEIL,Town Attorney ruth.weil@town.barnstable.ma.us T. DAVID HOUGHTON, 1 st Assistant Town Attorney david.houghton@town.barnstable.ma.us CHARLES S. McLAUGHLIN,JR.,Assistant Town Attorney charles.mclaughlin@town.barnstable.ma.us CLAIRE R.GRIFFEN, Paralegal/Legal Assistant March 10, 2009 claire.griffen@town.barnstable.ma.us PAMELA D.GORDON,Legal Clerk TEL.508-862-4620 •FAX:508-862-4724 Sarah A. Turano-Flores, Esq. Attorney at Law Nutter McClennen &Fish, LLP 1471 Iyanough Road P.O. Box 1630 Hyannis, MA 02601-1630 Re: 1372 & 1376 Main Street, Cotuit, MA (McCowan Cotuit Trust) (A-Map 33,Parcel 24; A-Map 33, Parcel 46) Your File: 0109063-00001; Our File Ref: 2008-0005 Dear Sarah: This letter is in response to yours of March 3, 2009 to the Building Comr issioner� regarding the above subject matter. I was somewhat surprised to receive a copy off the atiched- letter. I have rendered no opinion concerning the buildability of the lot in questio ; nor.dX1 believe that there. is an occasion for me to do so. :;:o , What I briefly suggested in passing in a telephone conversation with Ms. on, ytich F recall involved a variety of other issues, is that in providing rationales for Town uncil O ders for proposed conservation restrictions, it was not within Ms. Barton's bailiwick to ffer a f&iingm analysis. crn a1 I am concerned that your letter misconstrued my discussion with Ms. Barion and I hope this clarifies the issue. Thank you for your attention to this matter. Sincerely, RJW:cg R h J. Weil, Town Attorney j Enc. own of Barnstable l cc: Thomas Perry, Building Commissioner y [2008-0005\sarah 1tr032009renorj wop in ionrendered]