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HomeMy WebLinkAbout0185 OCEAN VIEW AVENUE (2) V;AR;j k� lZn �� �_.-: Ni ., o- }p1 s Town of Barnstable Legal Department - Town Attorneys' Office 367.Main Street,Hyannis MA 02601-3907 Inter-Office Memorandum Robert D.Smith,Town Attorney Office: 508462-4620 Ruth J.Weil, 1st Assistant Town Attorney Fax: `508-8624724 T.David Houghton,Assistant Town Attorney Claire Griffen,Paralegal/Legal Assistant Claudette Bookbinder;Legal Clerk Date: .March 9, 2004 To: Zoning Board iof Appeals f b�0 From: Assistant Town Attorney David Houghton [ Subject: 185k cean View AueCotuit�Ma 33 Parcel 16 >. 550akF Casey, Trustee, et al v. ZBA.- Generator Appea 2001-115 Legal Ref.: 2001-0290 Enclosed please find a copy of Memorandum of Decision and Order, as Well as Notice of Judgment Entry, in the.above-referenced matter. Please do not hesitate to contact me if you should have any questions. Thank you TDH:cb encl. i [2001-0290\memo2] F 30mmonwealtli of Massacht• °?tts County,of Barnstable The Superior Court CIVIL DOCKET# BACV2001-00737-A RE: Casey Trustee et al v Barnstable'Zoning"Board of Appeals et al TO: T David Houghton, Esquire , 367 Main Street New Town Hall Hyannis, MA 02601-3907 NOTICE OF DOCKET ENTRY You are hereby notified that on 02/26120.04 the following entry was made• on the above referenced docket: MEMORANDUM OF DECISION AND ORDER: for plaintiffs, •annulling the j decision of the Zoning Board, of Appeals issued in Appeal No. 2001-115, and vacating the cease and desist order issued by'the Building Commissioner on July 10th,2001 (Richard T. Moses, Justice) Certified copy sent on February 27, 2004) Dated at Barnstable, Massachusetts this 27th day of February, 2004. ` Scott W. Nickerson, Clerk of the Courts _BY: Nancy WWeir. Assistant.Clerk Telephone: (508) 375-6684 cvdgenedc 2.wpd 375725memord kellmary r COMMONWEALTH OF MASSACHUSETTS 4 BARNSTABLE,ss. SUPERIOR COURT BACV No. 01-737 J. ROBERT CASEY AND ALAN M. LEVENTHAL, TRUSTEES OF THE BONNYBROOK REALTY TRUST, Plaintiffs vs.. RON JANSSON, CHAIRMAN, GAIL NIGHTINGALE,RALPH COPELAND, DANIEL M.CREEDON;,THOMAS A. DERIEMER, RICHARD L. BOY, JEREMY GILMORE,. and . RANDOLPH CHILDS, AS THEY ARE THE. , BARNSTABLE ZONING BOARD OF APPEALS , and PETER M, DiMATTEO, as he is the BUILDING COMMISSIONER OF THE TOWN OF BARNSTABLE, Defendants MEMORANDUMS OF DECISION AND ORDER FOR JUDGMENT This action was filed by J.Robert Casey and Alan M. Leventhal.as Trustees of Bonnybrook Realty Trust (Plaintiffs) challenging a decision issued by the Barnstable Zoning Board of Appeals (the Board) upholding a ruling of Mitchell A..Trott, the Building Inspector.for. the Town of Barnstable. Trott had issued a cease and'desist order:to Plaintiffs on July loth, 2001, requiring that the Plaintiffs cease and desist from violating Section 3-1,4 (5) of the Zoning Bylaws of the Town which pertains to setbacks. The order required that the Plaintiffs move all mechanical systems to comply with zoning setbacks. ;The Plaintiffs filed an appeal to Trott's - z order to the Barnstable Zoning Board-of Appeals pursuant to G.L. c.40A, §8 and 15, and a hearing was held in relation thereto. The Board affirmed the decision.of,the Building . Commissioner by decision dated October 29th, 2001, which was filed,with the Office of the Town Clerk on said date. The Plaintiff filed the within appeal pursuant to G.L. c.40A §17 in a timely fashion. The case was-tried before this court on February,12th, 2004'. r FINDINGS OF FACT The Plaintiffs are the owners of the property which is the subject of this action which is located at 185 Ocean View Drive,Cotuit, Massachusetts,which consists of approximately 1.56 acres and is located in the RF Residential Zoning District, and in the Dock and Pier Overlay District. In 2001, the Plaintiffs caused a single family dwelling to be erected on the.premises pursuant to a building permit issued by the Building Commissioner. Incidental to the construction of the home,the.Plaintiffs caused to be installed three air.conditioning units located . on the southerly side of the structure;which are within the side yard area:setback.' Each of the compressors is approximately two' and one-half feet square and two and one-half feet high. The compressors are vented'on both the sides and the top, with the unit closest to the side lot line being 6.2 feeffrom the same. The generator is located in the southwesterly`corner of the front yard and is approximately 12'/z feet at its closest point to the front lot line. The generator is also within the 15 foot side yard setback,area. The generator sits on a concrete pad and is encased by a metal cabinet with an enclosed muffler and sound panels. The Plaintiffs have also installed a soundproof fence around the generator. The generator cabinet is.approximately 38 1/8th inches wide by 95`•1/8th-inches long. The height of the generator is approximately 55 3/8ths inches. In addition to the soundproof fence; the Plaintiffs have installed extensive vegetation around the area of the generator to shield it from view from the street. The generator w ' Setbacks in Zone are.30 feet from front and 15 feet'from side and rear.yards.. essentially is comprised of an engine which is powered by natural gas which is piped. underground. The cabinet is vented-on its top. ' The generator was installed only for use in emergency situations and, since'.its installation in early 2001,-has logged approximately 40 hours of operation. On July 10th, 2001,the Building'Commissioner-issued the subject cease and desist order,-asserting that the generator and air conditioning-compressors violated the Barnstable, Zoning ordinance, and in particular.Section 3-1.4 (5) Bulk Regulations: set-backs in RF Zone are 30 feet from front and 15 feet from sides and rear. The Plaintiff was ordered to move mechanical systems to comply with the aforesaid setbacks. The court finds that the generator is essentially encased in the protective cabinet with several side panels to provide access in order to mane repairs when-necessary The cabinet, in• addition to helping to protect the,generator from the elements, also is a necessary safety feature to protect persons from the generator's rrioving parts. Likewise,the cabinets for the air conditioners provide some limited protection from the elements.while also constituting a necessary safety feature in light of the moving parts for the air conditioner'compressor. The compressors and the generator were intentionally-placed as far away from the dwelling as possible in order to,avoid the deflection of noise off of the dwelling. The decision of the Board referenced Section 2-3.2 of the Zoning Ordinance, which states: "No building shall be erected or altered to exceed the height or bulk, or to have narrower or smaller yards or other-open spaces than therein required, or in any manner contrary to the provisions of this ordinance.." The decision noted that the Barnstable Zoning Ordinance does not define the term "building The Board concluded that the combination of mechanical system cabinets that are the subject of the appeal'are a"building within the meaning of M.G.L. c.143, and therefo.re:are regulated by and fall within Section 2-' 2 of the Barnstable Zoning Ordinance. RULINGS OF LAW Standard of Review The provisions of G.L.c.40A, §17 require that this court hear the evidence and make factual.findings independent of the local board, however,the court cannot substitute its judgment of the local board. The decision of the board cannot be disturbed unless.it is based upon legally, untenable grounds, is unreasonable, whimsical,'capricious or arbitrary. Roberts v. Southwestern Bell Mobile Systems, Inc., 429 Mass. 478 (1999). Deference must be afforded the local board in its interpretation of its own bylaw. Livoli, et al v. Zoning Board of Appeals-'of Southborough, 32 Mass. App. Ct. 921, 923 (1997). Deference to a.local board is not without limit and an erroneous interpretation of a bylaw provision by'a local board'or building inspector is not controlling. "... A blind deference to the building inspector would be tantamount to ... _ abdicating the judicial function." Hebb v. Lamport, 4 Massa App. Ct., 202, 209 (1976). It is for the court to`determine whether or not the Board's decision'that the subject compressors and generator are "buildings" is based upon legally untenable ground and is in excess of the.Board's authority. As`reflected in the Board's decision, the bylaw;does not define the term "building". . A zoning bylaw should be read in its complete context and given a sensible meaning within that context. Selectmen of Hatfield v. Garvey, 362 Mass. 821, 826 (1973). If the language`of the bylaw is-clear and unambiguous, it should be followed. Massachusetts Mutual Life Insurance Co. v Commissioner of Corps. and Taxation, 363 Mass. 685, 690 (197')). The court concludes that neither the air conditioning compressors nor the generator are buildings within the,meaning of.the subject bylaw. The Board's reliance on the State Building Code and in particular.G:L. c.143, §1 is misplaced. Such statute defines a building as_"a combination of materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property'. None of the mechanical cabinetry for the units in J question fits within such definition,'since while theY.are encased they do not have roofs and such cabinetry is used primarily to safeguard t'he public from the machinery contained therein. The Plaintiffs aptly rely upon the case of.Small, et al._v Parkway Auto Sup 1p ies, 258 Mass. 30 (1926). r In such action,the court concluded that gasoline pumps Were'not buildings within the meaning of a deed restriction. As in the case'at bar, the were pumps located on a concrete pad_and were circular and approximately eight feet in height. Essentially,the pump was.enclosed by a metal . cabinet, as with.the case of the.subject generator and compressors. The court further notes that both the Plaintiffs and the Defendants`rely upon the case of Attorney General yGardiner. 11.7 Mass. 492, 500 (1875), where a brick structure extending from the wall of a house to the line of the street with a turf roof wa's.used to,accommodate coal bins and was construed to.be_a building within the terms of a;deed restriction. In the case at bar none of the cabinetry is attached.to the, residence nor does any of the cabinetry have•a.roof. Rather, each of the cabinets has a single dedicated.purpose of containing the machinery therein. For the foregoing reasons,this court concludes that the decision of the Board`concluding that the subject mechanical systems were "buildings" was based upon legally untenable ground and.that the Board exceeded its authority by refusing to overturn the decision of the Building Commissioner dated July 1 Oth, 2001,-which decision had asserted a violation of the Zoning Bylaws by the Plaintiffs and issued.a cease'and desist order t6 them. a f •ORDER Judgment is"to enter for the Plaintiffs J:Robert Casey and Alan M..Leventhal;Trustees of the Bonnybrook Realty Trust against the Barnstable Zoning Board of Appeals and Peter M. DiMatteo as he is the Building Commissioner:for the Town of Barnstable, annullii' g the decision of the Zoning Board of Appeals issued in Appeal No. 2001-115,.and vacating the cease and desist order issued by the Building Commissioner on July 1Oth, 2001. - c hard T. Moses ` Justice of the`Superior'Court DATED: February 26, 2004' :.cr.wa' ltmi TI 1 . A true copy, Attests a . • AllG � G--7J/ — Od %u commonwealth of Massachu )tts. County of Barnstable The Superior Court CIVIL DOCKET# BACV2001-00737 RE: Casey Trustee et all v Barnstable Zoning Board of Appeals'et al TO: T David Houghton, Esquire 367 Main Street New Town Hall Hyannis, MA 02601-3907 _ 'NOTICE OF JUDGMENT ENTRY This is to notify you that`a judgment in the above referenced action has been,entered on the docket. A copy of the judgment is attached: Dated at'Barnstable,.Massachusetts this 1 st day of March, 2004: Scott W. Nickerson, Clerk of the Courts BY:......... .� essistant ............... Clerk Telephone: 508 375-6684 rp f - D MAR 2. 2004 TOWN ATTORNEY- TOWN OF BARNSTA - cvdnotjud 2.wpd'376060 judfind-irvineji - Commonwealth & Massachv etts County of-Barnstable Y . The Superior Court CIVIL DOCKET# BACV2001-00737 J. Robert Casey Trustee, Alan M Leventhal Trustee, vs. Barnstable Zoning Board of Appeals, and Peter F Dimatteo, Building Cormissioner of Town of Barnstable, JUDGMENT ON FINDING OFTHE COURT This action came on for trial before'th.e Court, Richard T:Moses, Justice, presiding, and the issues having been duly tried, and finding having been rendered, ` It is.ORDERED and ADJUDGED: 1 that the decision of the defendant, Barnstable Zoning Boardlof Appeals, concluding that the subject mechanical systems were"b`uildings"was based upon legally untenable ground.; 2. that the defendant, Barnstable Zoning 'Board of Appeals, exceeded its authority by refusing to overturn the decision of the defendant, Barnstable -Building Commissioner, dated July,10,-2001,"which decision had asserted a violation`of the Zoning Bylaws by the Plaintiffs.and.issued a cease and desist order to them; 3. that the decision of'the defendant, Barnstable Zoning Board of Appeals, issued in Appeal,No; 2001-115,.is hereby annulled; 4. that the cease and desist order,issued by the defendant,Barnstable Building Commissioner.on July 10, 2001,. is'hereby vacated.; and 5.., that`the plaintiffs,'J..Robert Casey and.Alan M Leventhal, Trustees,of the Bonnybrook Realty Trust, area allowed Jo maintain the generator and air ` conditioning unit in their current,location. r , Dated at Barnstable, Massachusetts this -day of March, 2004. B. .... ..:. ..... Clerk-Magistrate A true copy, Attest..: \ cvdjudtzip.wpd 375725 memoid irvineji t. Town of Barnstable Regulatory Services Thomas F.Geiler,Director Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 5/6/03 Jason Silva Building Inspector Town of Barnstable Regulatory Services Building Division 200 Main Street Hyannis MA 02061 To Whom It May Concern: I reissued the building permit# 54211 BMISC to 185 Ocean View Ave as a result of the Ma superior court decision dated 3/3/03. S'ncerely: son P. Silva uilding Inspector Kay 04 2003 21 : 06 MRRK#LEVENTHA#30 6174574365 , p. 1 MARK Se LEVENTHAL The Beacom Companies 150 Federal street Boston, MA 02110 (617) 574-1103 - (617) 457-4365 fax ;FAX TRANSMITTAL COVER SHED puv3 � �� CRA+nS FAX N0 ��� nATE; FROM: Carolyn E. Aliski CCMMENTS: Vow j If you have any problems with this fax transmission, please contact Carolyn at (617) 574-1159. r May 04 2003 21 : 06 MARKULEVENTHA#30 6174574365 p. 2 Commonwealth of Massachusetts i County of Barnstable The Superior Court CIVIL DOCKET# BACV2002.00227 J. Robert Casey Trustee et al vs. Board of Appeals of the Town of Barnstable et al SUMMARY JUDGMENT M R C P 5e This action came on to be heard before the Court, Gary A, Nickerson,-Justice, presiding, upon motion of the plaintiffs, J. Robert Casey, Trustee, and Alan M. Leventhal, Trustee's, for Summary Judgment pursuant to Mass. R. Civ. P. 56-the parties having been heard - and the Court having considered the "pleadings--answers to interrogatories- and affidavits; finds there is no genuine issue as to material tact and that the plaintiffs are entitled to a judgment as a matter of law, It is ORDERED and ADJUDGED: 1. that the decision of the Town of Barnstable.Board of Appeals dated March 27, 2002, exceeded its authority and is annulled; 2. that the Building permit dated June 29, 2001, be reinstated; 3. that the Clerk within 30 days after entry of this judgment, send attested copies thereof to the Board of Appeals, the Building Inspector; and the Clerk of the Town of Barnstable. Dated at Barnstable, Massachusetts this 24th day of March; 2003. Scott W. Nickerson, Clerk of the Courts By:.....:..............vl'*)a'f' , .. s..Lt./,G U A sistant Clerk copies mailed 03/05i2003 A true 00py/Atto� t" ��® Clerk cvdJUd56p,rpd 32c7s9 )ndsep Daarsali r - May 04 2003 21 : 06 MARK#LEVENTHA#30 6174574365 p. 3 r Commonwealth of Massachusetts County of 84matable The Superior Court CIVIL. DOCKET#: SACV2002-002 -A 1 RE: Casey Trustee et at v Board of Appeals of the Town of Barnstable et al TO: Michael D Font, Esquire 72 Main Street Pp Box 665 W Harwich, MA 02671 CE K . ®F DOCKET ENTRY You are hereby notifieci that cn 03/0312003 the following entry was made on the above referenced docket: MEMORANDUM of Decision on Summary Judgment Gary A. Nickerson, Justiice)copies mailed On March 4, 2003) Dated at Barnstaple, Massachusetts this 4th day of Maroh, 2003. Scott W. Nickerson, Clerk of the Courts BY: Nancy N. Weir Assistant Clerk Telephone: (508)375-6684 aYOQp+lprir�',WFd=1,10 jh&-a d b@,W"lt. r May 04 2003 21 : 06 MARK#LEVENTHR#30 G174574365 p. 4 COMMONWEALTH OF bfASSAC13USETTS HARNSTABLE, aa. SUPERIOR COURT C.A.NO.02.227 3. ROBERT CASEY, TRUSTEE' and anothearz VS. BOARD OF APPEALS OF T11E TOWN OF BARNSTABLE3,and another' ME OjtA1t?DTIM OIr DEC;SIOK ON Pf,.q,,ZNTIFF� O ' D Q'FT?LjmArG This is an action pursuant to G.L. c.40A, § 17. wherein the plaintiffs seek to overturn a decision of the Barnstable Zoning Board of Appeals, F?ainti&motion for summary judgment was heard January 21,2003. There are no genuine issues of material fact. Plaintiffs owl,a Parcel of land in Cotuit, one of The seven villages of Barnstable. There is a large house orr the site. To the rear of the house there is an in-ground swimming pool and gardens. The plaintiffs wish.to consttwt a substantial pergola or trellis along two sides of the rear Yard. The proposed pergola would be sevea feet wide and rune feet tall. It would run some ninety feet on a north/south axis parallel to the house and some one hundred feet on.an easttwest axis. The east/west portion of the pergola would be within a few feet of the side yard property line. Izr June 2001; plaintiffs applied for a building permit and,upon receiving the same,began site work for Lire pergola. In November 2001,the Building Con=issioner of the Town notified. 'of the Bonnybrok Realty Trust. Wan M. Leventhal, as trustee of the Bonnybrook Realty Trust. 'Ron Jansson, Gail Nightingale,Ralph Copeland, Daniel M. Creedon,Thomas A. Deziemer,Richard L.Boy,Jeremy Gilmore and Randolph Childs. 'Peter M. DiMatteo,Building Con,znissioner of the Town of Barnstable. r May 04 2003 21 : 07 MARK#LEVENTHR#30 6174574365 P. 5 the plaintiffs that the pergola would have to meet side yard setbacks under the zoning by-Iaw, .Pkirutiffs appealed the Building Commissioner's determination to the Board of Appeals in accordance with G.L. c.40A,§ 8, 15. The Board Voted 4-1 to uphold the Commissioner. Throughout the Bawtable zoning by-law the terms building and structure appear. The by-law defines a ctue,as: auy production or piece of work,artificially built up or composed of parts and joined together in some definite manner,not including poles, fence.$and such minor incidentak improVements, There is ao corresponding definition of the tenn building in the by-law. The by-Iaw specifies that, No building shall be erected or altered to exceed the heigktt or bulk,or to have narrower or smaller yards or other open spaces than herein required, or in any mansuer contrary to the provisions of this ordinance. `fklere is no coxresponding provWons that structures comply VAIN side yard requirements. Further,the by-law specifies that the side yard setback distance in the zoning district whir includes our locus is fifteen feet. The gist of plaintiffs`argument is that the pergola is not a building and hence not subject to the fifteen-foot side yard requirement. The Board claims the pergola,whether it is a building or a structure,is subject to the setback. The terms building and stmcture as they appeaz*thin the by-law are not synonymous, Absent a definition of a building in the by-lase, the texm is accorded its usual meaning, a meaning derived from a dictionary and from.+.he use of the term in other legal contexts. See Framingham Clink v, ,Zoning Board afAppeale, 382 Mass. 283, 290 (1981). A blWding is "a combination of any r awtals. . . having a roo& to form a structure for the shelter of persons,animals or Property". Cr.L. c. 143, § 1 (State Building Code). A building is "an erection intended for use -2- May 04 2003 21 : 08 MARK#LEVENTHR#30 6174574365 P. 6 and occupation as a habitation for some psupoSe of trade, manufatuxe, ornament or use constituting a fabric or edifice, such as a house, a store, a church,a sited". Truesdell v. GQy, 13 Gray 311, 312 (1859). It is "a structure oa edifice enclosing a space within its walls and-usually covered with a roof, such as a house,a church,a shop, a barn cr a shed''. Nowell v. Bosron Academy ofyome Dame, 130 Mass.209,210(1881). The term structure, as defined in the by-law is more expansive. AU buildings are structures under the by-law but all structures are not necessarily buildings. Both words appear in the by-law's purpose clause. The presence of both does not render one surplus. Melrose- Wakefield Hospital Assoc. v, Board ofAppealt ofjVelrose, 31 Mass. .gpp. Ct.923,924 (1991). Hebb v. Laniporr,4 Mass. App, Ct. 202; 207(1976), rear. denied., 370 Nfass. 867(1976). Side yard setbacks apply only to buildings,not to structures. By-law, section 2-3.2. Other sections of the by-law apply to buildings and strictures. By-law, sections 3-3.i(6)(I), 3- 6.12(4)(c). In at least one portion of the by-law a building is regarded as a type of structure. By- law section 3-1,I(F). A careful reading of the by-law shows a clear intention on the part of the drafters to distinguish between buildings and other structures, according more stringent regulation to the former wbile reserving some control over the latter. The pergola in question is not a.building but is a structure. The fifteen-foot side yard setback does not apply to the pergola. While deference is due to a local board's.reasonable interpretation of its by-laws,Livodi v. Zoning Board ofAppeazls of,Sourhborough,42 Mass.Apia. Ct. 921, 923 (1997), this Court is not bound by a local board's errone=ous interpretation of the by- law lest rhis Jurist abdicate his judicial&nction. Hebb,4 Mass. App. Ct. at 209. -3- May 04 2003 21 : 09 MRRK#LEVENTHR#30 6174574365 p. 7 For the above stated reasons,it is that the motion fox swanrri ary judgment be V that the decisioaa Cf the Zoning Board of Appeals be ELyERM and that the AUJBuilding C014missioner be Di-�to estate the building permit, teary A,i�kk rson r�Ce 0f the SUperior Court DATED: March 3, 2003 A tru&COPY,Att"t: .4_ Fkarnstable Assessing Search Results Page 1 of 2 y 4'' k99cR"t i%� S` ". "� { 1,�� VT Home. Departments:Assessors Division: Property Assessment Search Results —back to search 185 0CEAN..VIE UV A VENUIE Owner: CASEY, J ROBERT&LEVENTHAL,A perty Sketch Legend This property contains multiple Please use the navigation below the sketch to brc Map/Parcel/Parcel Extension 021 033 /016/ �t4►1Cj890] Mailing Address CASEY, J ROBERT&LEVENTHAL,A TRS %LEVENTHAL, MARK-THE BEACON 2 OLIVER ST BOSTON, MA. 02109 s: AUK' Assessed Values: Appraised Value Assessed Value Building Value: $2,093,800 $2,093,800 Additional Sketches 1 12 Extra Features: $8,600 $8,600 DV" HM1Ab9 Slafe flays all sk( Outbuildings: $66,700 $66,700 and Environmental Services Land Value: $2,184,000 $2,184,000 Interactiv Map requires Plug in: Totals:$4,353,100 $4,353,100 I have t be � S ► Apri Ilk# Sales History: 9 MASS. Owner: Sale Date Book/Page: Sal A639- A1� WHITCOMB, PEMBERTON 2148/83 $0 � WHITCOMB, PEMBERTON DTH C $ 1 CASEY,J ROBERT&LEVENTHAL,A TRS 3/5/1999 12108/138 $3,390,000 Tax Information: Tax Rates: (per BUMDMG DIVISION f.' of valuation) Town Tax $40,919.14 Town Fire District Rates Other Rates http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeS ervices/Finance/Assessing/A... 2/4/2003 r _ Barnstable Assessing Search Results Page 2 of 2 V, 9.40 Barnstable 2.88 Land Bank 3%of Town Tax Cotuit FP Tax $8,183.83 C.0.M.M. 1.54 Cotuit 1.88 Land Bank Tax $ 1,227.57 Hyannis 2.89 West Barnstable 1.96 Total: $50,330.54 Due to rounding differences these values may vary Land and Building Information Land Building Lot Size(Acres) 1.56 Year Built 2001 Appraised Value $2,184,000 Living Area 10680 Assessed Value $2,184,000 Replacement Cost$2,326,241 Depreciation 0 Building Value 2,093,800 Construction Details Style Conventional Interior Floors HardwoodCeram Clay Til Model Residential Interior Walls DrywallCust Wd Panel Grade Exceptional Heat Fuel Mixed Stories 2 1/2 Stories Heat Type Hot Air Exterior Walls Wood Shingle AC Type Central Roof Structure Gable/Hip Bedrooms 7 Bedrooms Roof Cover Wood Shingle Bathrooms 8 1/2 Bathrms Total Rooms 14 Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value SHED Shed 312 $2,200 2 FPL Fireplace 1 $3,000 Department--ealth, Safety VLT2 VAULT-GOOD 49 $5,600 and Envirotal Services SPL3 Pool Gunite 964 $33,700 00 DCK3 Dock-Heavy Con 500 $27,000 �F$1 SHED Shed 88 $700 'VD Property Sketch Legend * sARNST"M BAS First Floor, Living Area FST Utility Area(Finished Interior) T 1�tt Are �lJ inished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) 1A1� nfinished) CAN Canopy FUS Second Story Living Area(Finished) a(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio (Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area B�IUH05otlVeOcRory FOP Open or Screened in Porch TQS Three Quarters Sto#Y( i;ish, http:Hwww.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing/A... 2/4/2003 #80 CROSS STREET 01"'3011 #164 033026 #165 033010 #172 033016 033009001 W #185 #188 033008 #200 033025 #205 Department of Health, Safety and Environmental Services �Op'THE tp� * BARNSTABLE, 9 MASS. g 1639• 1� prFD MA'S A BUILDING DIVISION BY: I r r ---.r ..R ��t�a�. ;..,�.'� e^ roe /�• '� r-x - • I�; ..- �_ .. .. � � a �.•. � `:'^J'� �.#�� P��a , to T ..1i •^ . "fin ���°{.Arm�f �. ' '��7�y�_;,�Illit �I -y -s _'w� �}.�`,� ,( ,��,n q. ' w I r c � ti M Department of Health, Safety and Environmental Services * BARNSTABLE, 9 MASS. �► 1639. �rFD MA'S 0► BUILDING DIVISION BY: Y � g �11f 34� iyy d� yf �. Goa x p X. �� � '.� p"7 �` y�s"�," �`� a '` b x� •t x• ,a;4� �e ,�. - f Department of Health, Safety and Environmental Services �oF IKE T H * BARNSTABLE, 9 MASS. g 1639• ♦� �rE0 MA'S A BUILDING DIVISION BY: i r Department of Health, Safety and Environmental Services �oF tME r * BARNSTABLE, 9 MASS. i6. 9• 1� a BUILDING DIVISION BY: Massachusetts Department of Environmental Protection 41005127 Bureau of Resource Protection -Waterways Regulation Program Y 9Transmi tat No. Chapter 91 Waterways License Application -310 cMR 9.00 SIMPLIFIED,WATER-DEPENDENT,NONWATER-DEPENDENT,AMENDMENT G. Municipal Zoning Certificate . Bonnybrook Realty Trust Name of Applicant 185 Ocean View Ave. , Cotuit Nantucket Sound Barnstable Project street address -Waterway. City/Town Description of use or change in use: } " Dredging `to provide berth for private boats of applicant. To be completed by municipal clerk orappropriate municipal official: "I hereby certify that the project described above and more fully detailed in the applicant's waterways li se application and plans is not in violation of local zoning ordinances and bylaws." P' ted Na f MrK� Official D to all/Ji ignafw4bf 4uniclp rTitle City/Town CH91App.doc P2cg fiof^ Rev.02/28/01 %J, Massachusetts Department of Environmental Protection 4 Bureau of Resource Protection -Waterways Regulation 1005127smi Program 1005 tat No. Chapter 91 Waterways License Application -310 CMR 9.00 SIMPLIFIED,WATER-DEPENDENT, NONWATER-DEPENDENT,AMENDMENT G. Municipal Zoning Certificate Bonnybrook Realty Trust Name of Applicant 185 Ocean View Ave. , Cotuit Nantucket Sound Barnstable Project street address Waterway City/Town Description of use or change in use: Dredging '.to provide berth for private boats of applicant. To be completed by municipal clerk or appropriate municipal official: "I hereby certify that the project described above and more fully detailed in the applicant's waterways license application and plans is not in violation of local zoning ordinances and bylaws." P�,� 7 , '0 - P' ted Na f M ' 'pal fficial to a 1 �a�1 d�.� �, � cnK�lf its ign f uni p I Title City/Town x CHMpp.doc paw.gcf 9 Rev.02/28/01 sr s Ilk Massachusetts Department of Environmental Protection 41005127 ��— Bureau of Resource Protection -Waterways Regulation Program Transmittal No. Chapter 91 Waterways License Application -310 CMR 9.00 SIMPLIFIED,WATER-DEPENDENT,NONWATER-DEPENDENT,AMENDMENT B. Applicant Information Proposed Project/Use Information 1. Applicant: 131 o..nybrook Realty Trust Note: Please Name E-mail Address refer to the 1`"Bonnybrook Road Waterways Application Mailing Address "How to Waban `mMA . 0'24.68 Apply"Guide Cityf town State Zip Code before Completing Telephone Number Fax Number sections A-H of this form. 2. Authorized Agent(if any): Jo-hn R. Alger Name E-mail Address P. 0. Box. 449 Wa7ir,nd Address ------- — --- -- — Osterville MA `` 026`5`5 Cityrrown State Zip Code 508-428-8594 56, 420-3162 Telephone Number Fax Number C. Proposed Project/Use Information 1. Property Information (all information must be provided): J. Robert Casey & Alan Leventhal, Trs. , The Bonnybrook Realty Trust Owner Name(if different from applicant) Map 33 Parcel 16 Tax Assessor's Map and Parcel Numbers Latitude Longitude 185 Ocean View Avenue %J`=36'-36-' W70° 26'-06" Street Address State Zip Code 2. Registered Land ❑ Yes © No 3. Name of the water body where the project site is located: Nantucket Sound. 4. Description of the water body in which the project site is located (check all that apply): Type Nature Designation ❑ Nontidal river/stream © Natural ❑ Area of Critical Environmental Concern ® Flowed tidelands ❑ Enlarged/dammed ❑ Designated Port Area Filled tidelands ❑ Uncertain ❑ Ocean Sanctuary ❑ Great Pond ❑ Uncertain ❑ Uncertain CH91App.doc Page 2 of 17 Rev.02/28/01 f Massachusetts Department of Environmental Protection 41005127 `�- Bureau of Resource Protection -Waterways Regulation Program Transmittal No. Chapter 91 Waterways License Application -310 cMR 9.00 SIMPLIFIED,WATER-DEPENDENT,NONWATER-DEP EN DENT,AMENDMENT C. Proposed Project/Use Information (cont.) Select use(s)from pg.4 of the "How 5. Proposed Use/Activity description to Apply Dredgingto provide berth for private boats of applicant. Guide" ---- ----- ---......_.. . ._._ --------------- 6. Is the project a pre-1984 existing structure AND less than 600 square feet? ❑ Yes 0 No 7. Is the project a post-1984 existing or new structure, less than 300 square feet AND water dependent? x❑ Yes ❑ No 8. What is the estimated total cost of proposed work (including materials&labor)? $ 3,000.00 9. List the name &complete mailing address of each abutter(attach additional sheets, if necessary).An abutter is defined as the owner of land that shares a common boundary with the project site,as well as the owner of land that lies within 50'across a waterbody from the project. PatricIa-S;._-Mi1]P 0.._Bn-x 1n99 Cotuit MA._2635-- ------------ Name Address Elva O'Brien P. 0. Box 376, Cotuit, MA 02635 Name Address Name Address D. Project Plans 1. 1 have attached plans for my project in accordance with the instructions contained in (check one): ® Appendix A(License plan) ❑ Appendix B (Simplified License plan) ❑ Appendix C(Permit plan) 2. Other State and Local Approvals/Certifications ❑401 Water Quality Certificate Date of Issuance ❑Wetlands SE3-3880 File Number ❑ Jurisdictional Determination JD File Number ❑ MEPA File Number ❑ EOEA Secretary Certificate Date ❑ 21E Waste Site Cleanup RTN Number CH91 App.doc Page 3 cr 17 Rev.02/28/01 n n4 . Massachusetts Department of Environmental Protection 41005127 Bureau of Resource Protection -Waterways Regulation Program Transmittal No. Chapter 91 Waterways License Application -310 cMR 9.00 t SIMPLIFIED,WATER-DEPENDENT, NONWATER-DEPENDENT,AMENDMENT E. Certification All applicants, property owners and authorized agents must sign this page.All future application correspondence may be signed by the authorized agent alone. "I hereby make application for a permit or license to authorize the activities I have described herein. Upon my signature, I agree to allow the duly authorized representatives of the Massachusetts Department of Environmental Protection and the Massachusetts Coastal Zone Management Program to enter upon the premises of the project site at reasonable times for the purpose of inspection." "I hereby certify that the information submitted in this application is true and accurate to the best of my knowledge." Applicant's signature Date Property Owner's signature(if different than applicant) Date Agent's signature(if applicable) Date APPLICANTS FILING A SIMPLIFIED APPLICATION STOP HERE CHg1 App.doc Page 4 d 17 Rev.02/28/01 Massachusetts Department of Environmental Protection 41005127 �-- Bureau of Resource Protection -Waterways Regulation Program Transmittal No. }� Chapter 91 Waterways License Application -310 CMR 9.00 SIMPLIFIED,WATER-DEPENDENT,NO NWATER-D EPEN DENT,AMENDMENT F. Waterways Dredging Addendum 1. Provide a description of the dredging project ❑ Maintenance Dredging (include last dredge date & permit no.) x❑ Improvement Dredging To provide a berth for private boats of applicant. Purpose of Dredging 2. What is the volume(cubic yards)of material to be dredged? 65 cubic yards 3. What method will be used to dredge? ❑ Hydraulic ❑x Mechanical ❑ Other 4. Describe disposal method and provide disposal location (include separate disposal site location reap) To be disposed of on site above M.H.W. as beach nourishment. 5. Provide copy of grain size analysis. If grain size is compatible for beach nourishment purposes,the Department recommends that the dredged material be used as beach nourishment for public beaches. Note: In the event beach nourishment is proposed for private property, pursuant to 310 CMR 9.40(4)(a)1, public access easements below the existing high watermark shall be secured by applicant and submitted to the Department. See attached CH91App.doc - Page 5af.17" Rev.02/28/01 " f NOTES: FORPROPERTY LINE INFORMATION SEE BOOK 12108 PAGE108AT THE ti co BARNSTABLE COUNTY REGISTRY OF DEEDS �~ SOUNDINGS BASED ON M.L.W. DATUM. SHELL LN. 3 FOR EXISTING STONE GROINS SEE D.E.P. LICENSE PLAN No.8560. COTUIT w FOR EXISTING PIER SEE D.E.P. LICENSE PLAN No. 8766. HIGHLANDS 3 LOCUS FOR PROPOSED DREDGING SEE SE3-3880. TOPOGRAPHIC a SOUNDING SURVEY AUGUST 28,2001. Z w U EXISTING O DREDGED ? GRADE MATERIAL SILT FENCE WITH I� I MAX. STAKED HAY BALES NANTUCKET EBEACH �.-:•_.••.,..,.. / SOUND GRASS I ---� LOCUS PLAN SCALE 1:25,000 COTUIT QUAD. SECTION B- B SCALE: I 10' EXISTING EXISTING TIMBER BULKHEAD TIMBER GROIN EXISTING PIER B __- --H._T.L. 3.6_ _-- BEACH GRASS A M.H.W. 2.6 10 - PROPOSEDAREAFORDREDGE -- MATERIAL.APPROX.65 C.Y. SILT FENCE WITH 3 on I DOUBLE STAKE HAY BALES SLOPE +� M.L.W 0.0 -4 l ----5 PROPOSED DREDGING TO A ELEVATION -3.0 _-/ APPROX. 65 C.Y. 0 5 10 20ft. NANTUCKET SOUND PLAN VIEW SCALE : I 30' 0 15 30 60ft 28' _ EXISTING GRADE — — — PROPOSED' A �o ELEV. I I / _ 3 (.dj" —TOVERDREDGE I'± SECTION A-A SCALE I"= 10' r - s SHEET I of 2 PLAN ACCOMPANYING PETITION OF BONNYBROOK REALTY TRUST 185 OCEAN VIEW AVENUE COTUIT, MASS. FOR DREDGING IN NANTUCKET SOUND DECEMBER 17, 2001. SULLIVAN ENGINEERING INC. q. OSTERVILLE . MASS. ' O CEAN V/EW AVENUE \' N 23039'01°E 128.83' N 20031'57°E 122.47' 0 vi vi w EXISTING m CARRIAGE HOUSE _ N N N EXISTING HOUSE S18014'07 W 44.67 '?1 o 1�0 m U)rri w C m y� 41Zr to m� Ln OVERALL SITE PLAN SCALE : I "= 50' \NN, 2 N FFiy . 1%¢ A IO . °� 0 50 100 ft. 93 �•\-,��� Fk/sT/�orro` G N � o� �Ro /N �' pR NS GsT �.� . q '� ORFD 0sF oyF ti \ram 4m z � � o 0 ��� . . • ' Tx/STi BON SHEET o f 2 S' 4q;'vF NG TRUST ROOK REALTY OAUIAN EN R'QO,o' MOR SO LUIT,MASS. a/F/pT/ FQcsE'40 OSTERVILLEGMASS ING INC. /ti0 DECEMBER 17. 9nn1 r• Qp IKE rq,- SgRN9MBIE. 11fAB8. %6 q. �0 _ Eb M1d 6 Town of Barnstable —r Zoning Board of Appeals v Decision and Notice Appeal 2002-05 - Bonnybrook Realty Trust — Leventhal Appeal of the Building Commissioner tv CIO Denial of a Building Permit for an Accessory Structure. Summary Overruled Building Commissioner Petitioner: Bonnybrook Realty Trust(Mark Leventhal)J.Robert Casey&Alan Leventhal,Trustees Property Address.: 185 Ocean View Ave.,Cotuit,MAC . Map/Parcel: Map 033,Parcel 016 Zoning: Residential F&Resource Protection Overlay Districts Background & Review: Appeal 2002-005 is an appeal of the Building Commissioner's October 01, 2001, refusal to issue.a building permit for a proposed shed to be placed 3 feet from the side property line. According to the Assessor's Record,the property at issue is a 1.56-acre parcel developed with a 2.5 story 6,975 sq.ft. five-bedroom single-family dwelling built in 1999 The applicant maintains that the removal of a shed- "doll house" - structure during the 1999, redevelopment of the property did not constitute an abandonment of the structure. The statement is made within the application that the " petitioner caused a doll house (shed)to be dismantled for protection and repair while the house construction was going on and now seeks to replace it in the exact same location." Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on October 29, 2001. An extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened January 09, 2002, at which time the Board found to overrule the decision of the Building Commissioner. Board members deciding this appeal were Daniel M. Creedon,Thomas A.DeRiemer, Jeremy Gilmore,Randolph Childs and Ron S.Jansson. Attorney John Alger represented the applicant. He cited the letter from Mr. Mitchell Trott, Building Inspector,to Mr. Leventhal info rming.him that the shed could not be rebuilt on the exact non- conforming location on the site from which it was removed. Mr. Trott's letter stated that the structure removal constituted abandonment. Mr. Alger introduced photos of the dollhouse as it existed and stated that it was never the intent to abandon the structure. He noted that the structure had been shown on the March 2, 1999, existing conditions plan submitted with the original house-building permit. Mr.Alger introduced photos showing the structure before being disassembled,in storage, and a section of it reassembled at the site. He noted the structure was built on the ground and has no permanent footings. Planning Division-Staff Report He showed the members of the board the "pins" that are used in assembling the panel sections of the structure. The members of the board.and Mr. Alger discussed the question of voluntary discontinuation of a non- conforming structure and if it constitutes abandonment. They reviewed: • Section 4-4.8 of the Zoning Ordinance that states "Any lawful pre-existing nonconforming use or building or structure or use of land which has been (i) abandoned or.(ii) not used for 3 years, shall not thereafter be re-established. This section shall not apply in cases of damage or destruction governed by section 4-4.6." and • Derby Refining Co.v. Chelsea, 407 Mass. 703, 708-711 (1990) in which the court found that "Loss of the right to continue a non-conforming use will occur if the landowner abandons the use. Abandonment is a question of fact. "The concurrence of... (1) intent to abandon and(2) voluntary conduct ... which carries the implication of abandonment". will constitute abandonment. Surrender of licenses or their renewal may be evidence of intent. Clear indicia of abandonment includes changing property to a conforming use or demolishing buildings." �I The Board noted that three years had not passed. Mr.Jansson asked the Building Commissioner to comment. He stated that it appears from his files that the request was for new construction, no mention was made that the old structure had been dismantled and was going to be re-assembled. The public was invited to comment and no one spoke in favor or opposition to the appeal. . Findings of Fact: At the hearing of January 9, 2002, the Board unanimously made the following findings of fact: 1. Appeal 2002-05 is that of Bonnybrook Realty Trust (Mark Leventhal)J. Robert Casey&Alan Leventhal, Trustees appealing the October 1, 2001, denial of a building permit for an accessory shed (dollhouse structure). The structure would be 3 feet from the side property line, within the required side yard setback area. The property is shown on Assessor's Map 033, Parcel 016 and commonly addressed 185 Ocean View Ave., Cotuit, MA in a Residential F Zoning District and a Resource protection Overlay District. 2. Sometime in 1999,in conjunction with the redevelopment of the subject lots, a single story structure referred to as a"dollhouse" was dismantled and stored on site. Evidence that it was deliberately dismantled and stored on site has been submitted to the Board. 3. Section 4-4.8 of the Zoning Ordinance states that "Any lawful pre-existing nonconforming use or building or structure or use of land which has been (i) abandoned or (ii) not used for 3 years, shall not thereafter be re-established." It has not been three years since the structure was disassembled. 2 r �r Planning Division-Staff Report 4. There has not been shown any intent to abandon. The applicant has demonstrated that it was his intent to protect the structure during redevelopment,which is considered evidence of the applicants intent not to abandon the non-conforming aspect of this structure. Decision: Based on the findings of fact, a motion was duly made and seconded to overrule the Decision of the Building Commissioner and set aside the denial of the building permit and to allow the structure to be reassembled on its previous location on the property. The vote was as follows: AYE: Daniel M. Creedon, Thomas A. DeRiemer,Jeremy Gilmore,Randolph Childs and Ron S. Jansson NAY: None Ordered: Appeal 2002-05 has overruled the decision of the Building Commissioner. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A,Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Ron S. anss n, Chairman Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts,hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has en filed inAi office of the Town Clerk. Signed and sealed this day of aer t e pains d perialties.of per1ury. Linda Hutchenrider, Town Clerk 3 1 SF NE • SURETY 1-800-331-6053 Fax 1-605-335-0357 P.O.Box 5077 Sioux Falls SD 57117-5077 www.cnasurety.com June 13, 2002 E.B. Norris & Son, Inc. P. O. Box 486 Hyannis Port, MA 02647 s RE: File# 42905800 E.B. Norris & Son, Inc. $1,000.00 Company Code: 0601 Written By: WESTERN SURETY COMPANY General Contractor Town of Barnstable Enclosed is your renewal certificate. To continue your bond coverage and keep it in force,.you must file this renewal.document with the town of Barnstable. If you are no longer required to post this bond, please write the word "Cancel' directly on the document, and return it to CNA Surety. If you have any questions, please contact your local agent. Enclosure s �e Cw sus \-[6j � j 0H®NE BALL FOR DAT v TIME 10, PHONED OF c RETURNED PHONE- AREA CODE NUMBER EXTENSIO LEASE CALL'; MESSAGE WILL CALL AGAIN CAME TO SEE YOU WANTS TO SEE YOU SIGNED UU niversal" 48003 oF�►+E r Town of Barnstable Regulatory Services 9M RAMSTABM Thomas F. Geiler,Director 1639. A�` Building Division Peter F. DiMatteo Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-403 8 Fax: 508-790-6230 October 1, 2001 Mr. Leventhal 185 Ocean Street Cotuit, MA 02635 Dear Mr. Leventhal: I must deny the shed registration for 1-8S-Ocean View because the location shown on site plans shows the shed 3' from the lot line. Zoning Ordinances section 3-1.4(5)Bulk Regulations shows that you must have a minimum of 30' front and 15' side and rear setbacks from your lot lines. It's my understanding that this shed was located in the same spot shown on the site plan but was voluntarily removed when demolition started on the dwelling. Removal of the shed at that time constitutes abandonment,non-use section 4-4.8 in the Zoning Ordinances. To place the shed as shown on the;site plan would require a Variance from the Zoning Board of Appeals. If you have any questions,please feel free to contact me. Sincerely, � 'ter. •�.�:= _ .. �� Mitchell Trott Local Inspector /km Qouooi PROPOSED FINDINGS MARK LEVENTHAL 294 PINE RIDGE RD., COTUIT 006—064 AA RESIDENTIAL F ZONING DISTRICT AP AQUIFER PROTECTION OVERLAY DISTRICT RPOD—RESOURCE PROTECTION OVERLAY DISTRICT Mark Leventhal has appealed the July 10,2001 order of the Building Commissioner,in which the Commissioner ordered the cease and desist of mechanical systems located not in conformance with the required setbacks of the zoning district at property addressed at 185 Ocean View Avenue, Cotuit,MA. Although the exact location and extent of the infi•ingement is not known,the parties have stipulated that the mechanical systems,which consist of an emergency generator and air conditioning condensation units contained within multiple cabinets and located on the southwest corner of the lot,do in fact encroach into the required front and side yard setbacks. The approximate dimensions and bulk of the subject mechanical systems are: 6 feet tall by 12 feet long by 4 feet wide,consisting of multiple cabinets placed adjacent each to the other,which total size is decidedly larger than the examples of other single,standard size air conditioning condenser units on other sites as demonstrated by the applicant. Section 2-3.2 of the Zoning Ordinance states:"No building shall be erected or altered to exceed the height or bulk,or to have narrower or smaller yards or other open spaces than herein required,or in any other manner contrary to the provisions of this ordinance." Section 3-1.4(5)requires a 30-foot front and a 15-foot side(and rear)setback in a Residential F Zoning District. The Barnstable Zoning Ordinance does not define the term"building". M.G.L. c. 143, Section 1 defines the term"Building"in pertinent part as: "A combination of any materials,whether portable or fixed,having a roof,to form a structure for the shelter of. . . property. For the purpose of this definition `roof shall include an awning or any similar covering whether or not permanent in nature. The word`building' shall be construed where the context requires as though followed by the words `or part or parts thereof"'. In the case of Attorney General v. Gardiner, 117 Mass.492, 500(1875),a covered structure about three feet in height, which was built for the accommodation of coal bins undemeath was held to constitute a building. This appeal is analogous to the case presented in Ato;. Gen. V. Gardiner. The mechanical parts contained within the subject are property of a personal nature. Likewise,the mechanical system cabinets are a combination of materials,fixed on the ground with a top that covers the moving parts contained inside the cabinets and which materials are combined for the purpose of sheltering the personal property contained therein. Therefore,the combination of mechanical system cabinets that are the subject of this appeal are a "building"within the meaning of G.L, c. 143 and therefore are regulated by,and fall within, Section 2-3.2 of the Barnstable Zoning Ordinance. DECISION: For the foregoing reasons the decision and order of the Barnstable Building Commissioner is affirmed in whole. s IKE . MMSMBLA Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2001-115—Leventhal Appeal of the Building Commissioner Mechanical Systems not in Conformance to Required Setbacks Summary: Upheld Building Commissioner Petitioner: Mark Leventhal Property Address: 185 Ocean View Ave., Cotuit,MA Assessor's Map/Parcel: Map 033,Parcel 016 Zoning: Residential F&Resource Protection Overlay Districts Appeal Request& Background: Appeal 2001-115 is an appeal of the Building Commissioner July 10,2001 decision that mechanical systems, accessory to the dwelling,are in violation of required setbacks. According to the Assessor's Record,the property is a 1.56-acre parcel. The lot was issued Building Permit No. 40438 on August 03, 1999,for the redevelopment of the site with a new 6,975 sq.ft. five-bedroom single-family dwelling. That dwelling replaced the 1983 built structure of 2,166 sq.ft. four-bedroom single-family dwelling and a 480 sq.ft. attached garage. The new dwelling is two and one-half stories. An emergency electric generator as well as air conditioning units were installed on the property to the southwest corner of the lot and within the required 30-foot front and 15 foot side-yard setbacks. The exact location and extent of infringement has not been documented. The equipment was never sited on any development plan presented to the Building Division. Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 19, 2001. An extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened October 03,2001,and continued to October 17,2001,at which time the Board found to uphold the decision of the Building Commissioner. Board Members deciding this appeal were Daniel M. Creedon,Thomas A.DeRiemer,Jeremy Gilmore, Randolph Childs and Vice Chairman,Gail Nightingale. Attorney John Alger represented the petitioner. J. Robert Casey&Alan Leventhal,Trustees of Bonneybrook Realty Trust own the property at issue. Ralph Crossen,consultant to the petitioner was also present. Mr.Alger submitted a memorandum on this appeal along with additional information on definitions,excepts form Massachusetts General Laws,Chapter 143,Section 1,cited court cases and a series of exhibits. Mr.Alger stated that these (generators) structures are not buildings. He stated that Section 2-3.2 Conformance to Bulk and Yard Regulations cites only"building"and not the term"structure". Therefore he concluded that these elements would be exempt from the bulk regulations. Mr.Alger stated that Mr.Leventhal installed the systems for emergency purposes only. Mr. Crossen stated that generators had never been treated as buildings. He presented the exhibits showing air conditioning units and electrical generators located within the required yard setback. Attorney Albert Schultz represented an abutter. Mr. Schultz described the structure that covers the generator as a building. He stated that it meets the definition of a building and noted that it violates setback requirements. He submitted photos showing the location of the generators and mechanical units within the required front and side yard setbacks. Jane Austin,an abutter,spoke against the placement of the generators and submitted letters from Greg&Jane Austin and from Anne M.Jenkins in opposition to the petition. Daniel Coughlin,an abutter also spoke against the petition. Mr. DiMatteo,Building Commissioner,submitted copies of sections of the Zoning Ordinance that address Bulk Regulations and the definition of a structure. Additionally,he cited the 780 CMR 202.0 General Definitions; Accessory structure,from the Massachusetts State Building Code. Mr.DiMatteo further noted the purpose of the Zoning Ordinance and stated that the Site Plan Review Committee has considered the location of mechanical units with respect to the.setbacks. Mr.DiMatteo stated that he had made a site visit to hear the units in operation,and noted that the noise was an annoyance to neighbors. Mr.DiMatteo stated that outdoor mechanical equipment should be shown on the plans for a development. The public comment portion of the hearing was closed. It was continued to October 17,2001,for rendering of the decision only. Finding's of Fact: At the October 17,2001 continuance,the Board unanimously voted the following findings of fact: -1 -" e l cant is Mark Leventhal. The property at issue is 185 Ocean View Ave.,Cotuit,MA,Assessor's { 433arcel 016. It is zoned Residential F&Resource Protection Overlay Districts. ' �2 uenal<has appealed the July 10,2001 order of the Building Commissioner,in which the am-`§sWner ordered the cease and desist of mechanical systems located not in conformance with the xequired setbacks of the zoning district on property addressed as 185 Ocean View Avenue,Cotuit,MA. 3. The exact location and extent of the infringement is not known,the parties have stipulated that the mechanical systems,which consist of an emergency generator and air conditioning condensation units contained within multiple cabinets and located on the southwest comer of the lot do in fact encroach into the required front and side yard setbacks. 4. The approximate dimensions and bulk of the subject mechanical systems are: 5 to 6 feet tall by 10 to 12 feet long by 3 to 4 feet wide,consisting of multiple cabinets placed adjacent to each other,which in total size is decidedly larger than the examples after single,standard size air conditioning condenser units on other sites as demonstrated by the applicant Jiis.�eXhibitt s44rnitted at the hearing. 5. Section 2-3.2 of the Zoning Ordinance states:`"Wo'building shall be erected or altered to exceed the height or bulk,or to have narrower or smaller=* gs:.or other._open spaces than herein required,or in any other manner contrary to the provisi9ps,,of-this ord ae!" 2 6. Section 3-1.4(5) requires a 30-foot front and a 15-foot side (and rear) setback in a Residential F Zoning District.The Barnstable Zoning Ordinance does not define the term"building'. 7. M.G.L. c. 143,Section I defines the term"Building" in pertinent part as: "A combination of any materials, whether portable or fixed,having a roof,to form a structure for the shelter of...property.For the purpose of this definition'roof shall include an awning or any similar covering whether or not permanent in nature. The word building'shall be construed where the context requires as though followed by the words'or part or parts thereof". 8. In the case of Attorney General v. Gardiner, 117 Mass. 492,500 (1875),a covered structure about three feet. in height,which was built for the accommodation of coal bins was held to constitute a building.This appeal is analogous to the case presented in Atty. Gen.V. Gardiner. 9. The mechanical parts contained within the subject are property of a personal nature. Likewise,the mechanical system cabinets are a combination of materials,fixed on the ground with a top that covers the moving parts contained inside the cabinets and which materials are combined for the purpose of sheltering the personal property contained therein, 10. Therefore,the combination of mechanical system cabinets that are the subject of this appeal are a"building' within the meaning of M.G.L. c. 143 and therefore are regulated by,and fall within,Section 2-3.2 of the Barnstable Zoning Ordinance. Decision: Based on the findings of fact,a motion was duly made and seconded that for the foregoing reasons the decision and order of the Barnstable Building Commissioner is affirmed in whole. The vote was as follows: AYE: Daniel M. Creedon,Thomas A.DeRiemer,Jeremy Gilmore,and Vice Chairman,Gail Nightingale NAY: Randolph Childs Mr. Childs stated that he did not agree with the definition of"building". Ordered: Appeal 2001-115 has upheld the decision of the Building Commissioner. Appeals of this decision,if any,shall be made pursuant to MGL Chapter 40A,Section 17,within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Gail Nightingale,Vice Chairman Date Signed I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. 3 Linda Hutchenrider,Town Clerk \ I 4 f COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT CIVIL ACTION NO. 02-227 J. ROBERT CASEY AND ALAN ) o M. LEVENTHAL,TRUSTEES OF THE ) BONNYBROOK REALTY TRUST, ) Plaintiffs ) VS. ) RON JANSSON, CHAIRMAN, GAIL ) NIGHTINGALE,RALPH COPELAND, ) DANIEL M. CREEDON, THOMAS A. ) DERIEMER,RICHARD L. BOY,JEREMY ) GILMORE, and RAND LP CHILDS AS ) THEY ARE THE BARNSTABLE ZONING ) BOARD OF APPEALS and PETER M. ) DiMATTEO, as he is the BUILDING ) COMMISSIONER OF THE TOWN OF ) BARNSTABLE, ) Defendants ) MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION This is an appeal pursuant to G.L. c. 40A §17 by the Plaintiffs, J. Robert Casey and Alan M. Leventhal,Trustees of Bonnybrook Realty Trust ("Plaintiffs") of a decision issued by the Defendant, Barnstable Zoning Board,of Appeals ('Board"),upholding the decision of the Building Commissioner requiring a garden trellis to comply with zoning setbacks. The Plaintiffs submit that there are no genuine issues of material fact and that the Plaintiffs are entitled to judgment as a matter of law. 1 3 t II. STATEMENT OF THE UNDISPUTED FACTS' 1. The Plaintiffs are owners of real property located at,185-Ocean View Drive,-Cotuit,r Massachusetts shown as Parcel 16 on Barnstable Assessor's Map 33 (the "Property"). The Property consists of approximately 1.56 acres. The Property is located in the RF Residential Zoning District (RF) and in the Dock and Pier Overlay District. (Casey Aff. ¶1-3) 2. In 2001 the Plaintiffs had a single family home constructed on the Property pursuant to a building permit duly issued by the Building Commissioner. The Property has also been improved with a swimming pool. (Casey Af£¶5) 3. On June 27, 2001,the Plaintiffs applied for a building permit for a trellis/arbor. The trellis will be located to the north and east of the house and will surround two sides of the swimming pool. The trellis is in two sections and will run 90 feet north from the house and then turn east for another 100 feet. The wooden trellis is approximately 7 feet wide and 9 feet 4 inches high. The trellis has columns on the sides, spaced approximately 8 feet apart, with wooden slats, 1 foot apart, crossing the top. Climbing vines and flowers will be trained on the trellis. A brick walkway will run the length of the trellis. The trellis is not attached to the house. Portions of the trellis will be 3 feet from the side yard property line. (Casey Aff.¶6-7) 4. On June 29, 2001, the Building Commissioner issued Express Building Permit No. 54211, authorizing the construction of the trellis/arbor. (Ford Aff.¶3) 5. On or about November 20,2001, agents of the Plaintiffs received a written notice from the office of the Building Commissioner that the trellis would have to meet zoning setbacks. (Casey Af£ ¶9) 'The undisputed facts are derived from the affidavit of J. Robert Casey and the authenticating affidavit of Michael D. Ford, Esq. filed herewith. 2 6. The bulk regulations of the Barnstable Zoning Ordinance Section 3-1.4(5) require a 15-foot side yard setback in the RF Zoning District. A certified copy of the Barnstable Zoning Ordinance ("Ordinance") is attached to the Ford Affidavit. 7. Section 2-3.2 of the Ordinance entitled"Conformance to Bulk and Yard Aegulations" provides that: "No building shall be erected or altered to exceed the height or bulk, or to have narrower or smaller yards or other open spaces then herein required, or in any manner contrary to the provisions of this ordinance." 8. The Ordinance does not define the term"building," however, Section 7 defines a "structure" as: "[a]ny production or piece of work, artificially built up or composed of parts and joined together in some definite manner,not including poles, fences and such minor incidental improvements." . 9. Section 1-2 of the Ordinance provides that the purpose of the Ordinance is to "promote the health, safety, convenience, morals and general welfare of the inhabitants of the Town of Barnstable to protect and conserve the value of the property within the town, to increase the amenities of the town and to secure safety from seasonal or periodic flooding, fire, congestion or confusion . . . and for this purpose, the height,number of stories, size of buildings and structures, size and width of lots, the percentage of lot that may be occupied,the size of yards, courts, and other open spaces, the density of population and the location and use of buildings, structures and land for trade, marine business, industry, agriculture, residence or other purposes." 10. Section 2-3 of the Ordinance, Application of District Regulations,provides that: "Regulations within each district established herein shall be applied uniformly to each class or kind of structure or use." 11. On or about December. 18, 2001, the Plaintiffs appealed the Building Commissioner's decision to the Board pursuant to the provisions of G.L.c. 40A §§8 and 15. (Casey Aff. ¶10) 12. On March 20, 2002, the Board conducted a public hearing on the appeal. At the 3 f conclusion of the hearing, the Board voted 4 to 1 to uphold the decision of the Building Commissioner(the "Decision"). A copy of the Decision is attached to the Ford Affidavit. In the Decision, the Board made, inter alia, the following findings of fact: "T Within the Town of Barnstable's Zoning Ordinance the terms `building'°and `structure' are interchanged throughout the text. There is no definition of building in the ordinance but there is a definition of structure. Within Section 7, of the Zoning Ordinance, Definitions, a structure is defined as `Any production or piece of work, artificially built up or composed of parts and joined together in some definite manner, not including poles, fences and such minor incidental improvements.' 8. Section 2-3 of the Zoning Ordinance, Application of District Regulations, clearly states that the `Regulations within each district established herein shall be applied uniformly to each class or kind of structure or use.' The Ordinance also specifies in Section 1-2 that its purpose is to `promote the health, safety, convenience, morals and general welfare of the inhabitants of the Town of Barnstable to protect and conserve the value of the property within the town, to increase the amenities of the town and to secure safety from seasonal or periodic flooding, fire, congestion or confusion' and `for this purpose, the height, number ` of stories, size of buildings and structures, size and width of lots,the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population and the location and use of buildings, structures and land for trade, marine business, industry, agriculture, residence or other purposes.' 9. Those two sections and the other facts presented establish that the bulk regulations are intended to apply to all structures. 10. The trellis is a structure and therefore should be subject to the bulk regulations of the Ordinance." 13. Board member, Daniel M. Creedon, voted no on the findings and explained his no vote as follows: ". . . [t]he Zoning Ordinance is clearly ambiguous on this issue of buildings/structures and the applicability of the setback requirements. Definitions are lacking and those contained only add to the ambiguity of setbacks and the application of them. In making decisions, the expressed terms of the Ordinance must be read and applied. 14. The Decision of the Board was filed with the Barnstable Town Clerk on March 27, 4 I as Decision No. 2002-26. The Plaintiffs filed the present appeal on April 12, 2002. III. ARGUMENT A. Summary Judgment Summary judgment must be granted where there are no material facts in dispute and the moving party is entitled to judgment as a matter of law. Cassesso v. Commissioner of Correction, 390 Mass. 419,422 (1983); Mass.R.Civ.P. 56(c). The moving party bears the burden of affirmatively demonstrating the absence of a triable issue and that the moving party is entitled to judgment as a matter of law. Pederson v. Time, Inc.,404 Mass. 14, 16-17 (1989). "If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat a motion for summary judgment."Id. at 17. In the case at bar, the material facts are not in dispute. The issue to be resolved is one of law, i.e., the proper interpretation of the Ordinance. As set forth below, the Board erred in interpreting the Ordinance and the Plaintiffs are entitled to judgment as a matter of law. B. Standard of Review A local board's decision will not be disturbed by the court unless the decision is based upon a legally untenable ground or was unreasonable,whimsical, capricious, or arbitrary. MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 639 (1970). A board's reasonable interpretation of its own bylaw will receive deference by the court. Florence 0. Livoli v. Zoning Board of Appeals of Southborough; 42 Mass. App. Ct. 921, 923 (1997). However, deference to a board's construction is not without limit. See, e.g., Needham Pastoral Counseling Center, Inc. v. Board of Appeals of Needham, 29 Mass App.Ct. 31, 32, further appellate review denied, 408 Mass. 1103 (1990). An erroneous interpretation of a by-law provision by a local board or 5 building inspector is not controlling.Hebb v. Lamport, 4 Mass.App.Ct. 202, 209, further appellate review denied, 370 Mass. 876 (1976). In Hebb, the Appeals Court noted that"blind deference to the building inspector would be tantamount to our abdicating the judicial function." Id. C. Principles of Statutory Construction As a general rule, "the terms of a zoning by-law should be interpreted in the context of the by-law as a whole and, to the extent consistent with common sense and practicality,be given their ordinary meaning."Hall v. Zoning Board of Appeals of Edgartown, 28 Mass. App. Ct. 249, 254 (1990). In Murray v. Board of Appeals of Barnstable, 22 Mass.App.Ct. 473, 478 (1986) the Appeals Court explained: "A zoning by-law must be read in its complete context and be given a sensible meaning within that context. Selectmen of Hatfield v. Garvey, 362 Mass. 821, 826 (1973). The intent of the by-law is to be ascertained from all its terms and parts as well as the subject matter to which it relates. Tilton v. Haverhill,311 Mass. 572, 577-578 (1942). It is settled that where the language of the an enactment is clear. and unambiguous it should be followed even if an injustice or hardship results. Massachusetts. Mut. Life Ins. Co. v. Commissioner of Corps.& Tax'n., 363 Mass. 685, 690 (1973). However,where a statute(or by-law) is faulty, lacks precision or is ambiguous, a court may utilize general rules of construction,presumptions and interpretational aids to glean its meaning." D The Decision of the Board is based upon a legally untenable ground and is in excess of the authority of the Board. 1 The bulk regulations of the Ordinance apply to buildings. In its Decision,the Board stated that the terms "building" and"structure" are interchanged throughout the Ordinance. The Board purportedly found that the purpose section of the Ordinance.and the application section of the Ordinance taken together establish that the 6 bulk regulations are intended to apply to all structures. The Board is plainly wrong. The bulk regulations apply only to buildings. Section 2 of the Ordinance sets forth the general provisions of the Ordinance and Section 2-3.2 entitled"Conformance to Bulk and Yard Regulations"reads 4 as follows: No building shall be erected or altered to exceed the height or bulk, or to have narrower or smaller yards or other open spaces then herein required, or in any manner contrary to the provisions of this ordinance. (emphasis added.) Section 2-3.2 is unambiguous. Section 2-3.2 does not use the term"structure." Section 2-3.2 expressly uses the term"building." Buildings must conform to the bulk regulations. The Ordinance does not define the word"building." If a zoning ordinance does not contain an express definition,the meaning of a word or phrase in a zoning ordinance is a question of law to be determined by the ordinary principles of statutory construction according to the words common and approved usage. The usual and accepted meaning of a term may be derived not only from a dictionary but also from its use in other legal contexts. See Framingham Clinic v. Zoning Board of Appeals,382 Mass. 283 (1981). The State Building Code, G. L. c. 143, §1 defines a"building" as "a combination of any materials,whether portable or fixed,having a roof, to form a structure for the shelter of persons, animals or property. For the purpose of this.definition `roof shall include an awning or any similar covering, whether or not permanent in nature." Building is defined in Webster's New World Dictionary of the American Language (1970) as "anything that is built with walls and a roof, as a house, factory,etc.; structure." Webster's Third New International Dictionary, Unabridged(1963) defines building as"a constructed edifice designed to stand more or less permanently, covering a space of land, usually covered by a roof and more or less completely 7 L enclosed by walls, and serving as a dwelling, storehouse, factory, shelter for animals, or other useful st ructure - distinguished from structures not designed for occupancy(as fences or monuments) and from structures not intended for use in one place (as boats or trailers) even a though subject to occupancy." In Truesdell v. Gay, 13 Gray 311, 312 (1859), the Supreme Judicial Court stated that a building is "an erection intended for use and occupation as a habitation for some purpose of trade, manufacture, ornament or use constituting a fabric or edifice, such as a house, store, a church, a shed." "The word `building' cannot be held to include every species of erection on land."Id. The ordinary meaning of"building" is"a structure or edifice enclosing a space within its walls and usually covered with a roof, such as a house, a church, a shop, a barn or a shed." Nowell v. Boston Academy of Notre Dame, 130 Mass. 209, 210 (1881); Cf. Pratt v. City of Boston, 396 Mass. 37 (1985) (temporary stage with awning-type roof adjoining roofed platform, with no walls and which did not provide shelter of persons, animals or property was not a building for purposes of G.L. c. 45, §7). . The Ordinance defines a"structure" as "[a]ny production or piece of work, artificially built up or composed of parts and joined together in some definite manner, not including poles,' fences and such minor incidental improvements." The definition of structure is broader than the definition of a building. See Massachusetts Zoning Manual, (MCLE; rev. ed. 1999) §12.6, at 12- 71. The definition of structure includes a building, however, not all structures are buildings. For example, a swimming pool might be considered a structure,however, it is not a building- it is a non-building structure. A building, on the other hand, is a type of structure. It is a structure that, pursuant to the above-referenced definitions, has walls and a roof and is used for shelter. Under the Ordinance the bulk regulations expressly apply to buildings; the bulk regulations do 8 not apply to structures which are not buildings, i.e. they do not apply to non-building structures. Contrary to the Board's findings, the application section of the Ordinance and the purpose section of the Ordinance do not establish that the bulk regulations apply to all structures. Section 2-3 of the Ordinance, Application of District Regulations,provides that: "regulations within each district established herein shall be applied uniformly to each class or kind of structure or use." The use of the term"structure" in this section, does not establish that the bulk regulation provisions are intended to apply to all structures. This section simply acknowledges that the regulations will be applied uniformly to.each kind of structure. The term"structure" is used because that term is broader than"building." The term"structure" includes buildings. If the kind of structure regulated is a building then the regulations will be applied uniformly to all such buildings. If the kind of structure regulated is something other than a building, such as a dock or pier, then the regulations will be applied uniformly to all such structures. The bulk regulations do not regulate all structures,just buildings. Accordingly, the bulk regulations will be applied uniformly to all buildings. The purpose section of the Ordinance sets forth that the purpose of the Ordinance is to "promote the health, safety, convenience, morals and general welfare of the inhabitants of the Town of Barnstable" and to that end"the height, number of stories, size of buildings and structures, size and width of lots,the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population and the location and use of buildings, structures and land for trade,marine business, industry, agriculture, residence or other purposes are regulated . . . as hereinafter provided." The purpose section recognizes that structures and buildings will be regulated under the Ordinance. The fact that the purpose section uses the term "structure" and the term"building" does not mean that the terms have the same meaning. It is a 9 principle of statutory construction that no words of an Ordinance are deemed to be superfluous. See Melrose-Wakefield Hospital Assoc. v. Board of Appeals of Melrose, 31 Mass. App. Ct. 923, 924 (1991)(rescript opinion);Hebb v. Lamport,4 Mass.App.Ct. 202, 207,further appellate review denied, 370 Mass. 867 (1976). Although,the definition of"structure" in the Ordinance would include a building, the use of both terms in the purpose section clearly indicates that building and.structures can be regulated, and, further, that buildings can be regulated separately and apart from other structures. Following accordingly,the bulk regulations regulate buildings. Furthermore, the general purpose statements do not control the specific terms used in the bulk regulation provisions. Cf. Brennan v. The Governor, 405 Mass. 390, 395-396 (1989) ([s]tatements regarding the scope or purpose of an act that appear in its preamble may aid in the construction of doubtful clauses,but they cannot control the plain provisions of the statute"); Brookline v. Commissioner of the Dep't of Envtl. Qualtiy Eng'g. 389 Mass. 404, 412 (1986) (general preamble of statute does not take precedence over specific provisions therein);P.A. Landers, Inc. et al v. Planning Bd. of the Town,of Hanover, et al, Land Court Misc. 241395 (Lombardi, J. 1998);Morey v. Martha's Vineyard Comm'n. 409 Mass. 813, 819 (1991) (general statutory language must yield to more precise language).;, Section 2-3.2 specifically provides that buildings must conform to the bulk regulations. The term "building"is not as broad as the term"structure." The plain provisions of Section 2-3.2 reveal that only buildings are subject to zoning setbacks. The purpose section and the application section of the Ordinance taken together cannot be read to add the term"structure" to the bulk regulation provisions. In reviewing the Ordinance as a whole, the terms "structure" and"building" are not used v interchangeably. For example,and not by way of limitation, Section 4-2.4 provides,in part, that 10 "no parking lot shall be created by the demolition of buildings . . ." Here,the term building does not include non-building structures, i.e. the Ordinance does not prohibit the demolition of a non- building structure such as a swimming pool in order to create parking. Also, Section 4-2.7, requires a parking lot to be located to the rear or side of a building,however, this does not mean that a parking lot must be located to the rear of a non-building structure. As another example, Section 2-3.6 (1)provides that only one principal permitted building shall be located on a single lot. The term building in this section does not include non-building structures. Clearly, one cannot make a blanket assertion that a reference to a."building" in the Ordinance also includes other structures, i.e. non-building structures. Indeed, if the term"building"means the same as the term"structure,"then the term"structure" could have been used throughout the Ordinance. However, this was not done because building and structure do not have the same meaning. In some sections of the Ordinance there is a reference to both buildings and structures.. Often, the reference to both terms clearly indicates that the provision relates to all.structures, including buildings. For example Section 3-3.1(6)(I)provides that a site plan shall include, but not be limited to, all existing and proposed buildings, structures,parking... . " Also, Section 3- 6.12. 4.(c) refers to "[t]he placement of buildings, structures, fences . . ." In other sections of the Ordinance, the context reveals that the use of both terms refers to a building type of structure. For example, Section 3-1.1(F) provides that the intent is"to,allow bed and breakfast operations f in larger homes to provide an adaptive reuse for these structures so as to encourage the maintenance and enhancement of older,buildings." In this context, the reference to structures clearly refers to a building. In some sections the Ordinance uses just the term "structure" and the reference is to a building type of structure. For example Section 3-1.1(3)(D)(b)refers to an existing residential structure - this would be a reference to a building type of structure. 11 , There is no reference to structures in the bulk regulation Section 2-3.2. This section just uses the term building. If the legislative body wanted the bulk regulations to apply to all structures then the legislative body could have simply used the term"structures" or the terms "buildings and structures" in the bulk regulation provisions. By omitting.the term Ntructure" in the bulk regulation provisions of the Ordinance, the legislative body intentionally limited the bulk regulations to buildings. The express inclusion of buildings in the bulk regulation provisions, excludes structures which are not buildings from the provisions of the bulk regulations. See Livoli v. Zoning Board of Appeals of Southborough 42 Mass.App.Ct. 921, 922-923 (1997) (inclusio unius est exclusio alterius - the inclusion of one is exclusion of another). Furthermore, in certain cases,the Ordinance expressly subjects structures to specific Distribution District the height For example, g dimensional requirements. p , in the Service and D regulations are specifically applied to both buildings and structures. (See Sec.3-3.9.5) Also, Section 3-1.1(2)(B)(e)permits horses to be kept as accessory uses provided "all structures, including riding rings and fences to contain horses, conform to fifty percent of the setback requirements for the district." 3-1.1(2)B(e). And, Section 2-4.4.(C) requires any structure used for agricultural,horticulture,vitaculture, etc. to conform to the setbacks of the zoning district or a minimum of 25 feet, whichever is greater.' The above examples illustrate that when structures, other than buildings, are subject to certain bulk regulations, the Ordinance contains an express provision. There is no express provision in the Ordinance subjecting a trellis to zoning setbacks. 'See also, e.g., Section 4-5.1 concerning vision clearance on corner lots which states, in part, that"no fence,wall or structure, planting . . . shall be allowed in.any part of a front or side yard . . ." ; and Section 4-8(2)(E) concerning personal wireless facilities which provides, in part, that"structural components including guy wire anchors and equipment shelters shall comply with all required setbacks of the zoning district." 12 To the extent that there is any perceived ambiguity or inconsistency in a bylaw or an Ordinance, then the least restrictive interpretation should be adopted. See Bell v. Zoning Board of Appeals of Cohasset, 14 Mass.App.Ct. 97, 105, fn.9,further appellate review denied, 387 Mass. 1101 (1982). In Bell, -the Appeals Court considered whether the placement of a tennis court conflicted with the provisions of the Cohasset bylaw. The Cohasset bylaw defined buildings and structures separately and the definitions of yard appeared to relate to buildings only and not to non-building structures (such as the tennis court). The Court found that the Cohasset bylaw did not clearly prohibit the use. The Court noted that there might be an inconsistency in certain sections of the bylaw relating to the use of the word".structure" and the word"buildings,"but that"any inconsistency and ambiguity should be resolved by adopting the least restrictive interpretation."Id. In the present case, although,the bulk regulation application provision is not ambiguous, any perceived ambiguity arising from the use of the term"structure" in other sections of the Ordinance, should be resolved in favor of the least restrictive interpretation, i.e. that the bulk regulations are limited to buildings. Cf. Jenkins v. Town of Pepperell, 18 Mass App.Ct. 265, 270,further appellate review denied, 393 Mass. 1102 (1984) (ambiguity of boundary on zoning map resolved in favor of landowner). The Board's conclusion that the bulk regulations apply to both buildings and structures is 13 not a reasonable interpretation of the Ordinance.' The bulk regulations mention only buildings. A building is a well-defined term. The plain meaning of the words used should be accorded due deference and respect. Shabshelowitz v. Fall River Gas Co.,412 Mass. 259, 262 (1992); Bronstein v. Prudential Ins. Co., 390 Mass. 701, 704 (1984) ("[S]tatutory language,°when clear and unambiguous,must be given its ordinary meaning.") The Ordinance may be interpreted in a consistent and harmonious manner with the bulk regulations limited to buildings. The trellis is not a building. Furthermore, the trellis is not an extension of the house. The trellis is not attached to the house and is not supported in whole or in part by the house. The trellis is a freestanding decorative structure that will surround two sides of the pool. It is an accessory garden feature. The trellis does not have walls or a roof. The trellis has wooden slats crossing the top. Vines, flowers and other climbing plants will be trained on the trellis. The trellis does not provide shelter for persons,property or animals. The trellis is not used for ` 'Interestingly, the Building Commissioner had previously denied the Plaintiffs a building permit for the placement of an electric generator and an air conditioning unit contained within multiple cabinets in the side and front yard setback areas of the Property. The Plaintiffs filed an appeal with the Board. (Appeal 2001-115). In a decision dated October 29, 2001, the Board reasoned that the mechanical system cabinets were"buildings,"based on the definition of building.in the State Building Code, G.L.c. 143 s.1, and, thus, subject to the bulk regulations. Although the mechanical systems would meet the definition of a structure under the Ordinance, the Board did not find that the bulk regulations apply to both buildings and structures. The Board's decision implies that the bulk regulations apply only to buildings and not to all structures and that in order to be subject to the bulk regulations the proposed work must"fit" within the definition of a building. The Plaintiffs dispute the Board's finding that the mechanical systems are buildings and have appealed the decision. (See J. Robert Casey et al v. Barnstable Zoning Board of Appeals, Barnstable Superior Court Case No. 2001-737) (A copy of the Board's decision is attached to the Ford Affidavit.) 14 storage purposes. The trellis is not a building and is not subject to the bulk regulations.4 Accordingly, the trellis does not have to comply with the side yard setback requirements. 2 The definition of setback relates only to the front yard.setback and applies only to principal buildings and structures. 0 The Ordinance defines "setback" as: ` "The distance between a street line and the front building line of a principal building or structure,projected to the side lines of the lot. Where a lot abuts on more than one street, front yard setbacks shall apply from all streets." (emphasis added) The setback definition applies to the front yard setback. The setback definition does not apply to the side yard or to the rear yard. Furthermore, the setback distance is measured from the principal building or structure. The term principal modifies the term building and the term structure. Accordingly, the front yard setback definition applies to the principal building or structure. Thus, an accessory building or structure would be permitted in the front yard setback area. The trellis is not a principal building or structure. The trellis is an accessory garden feature. Further, the trellis is not located in the front yard setback area. Hence the trellis does not violate the setback provisions of the Ordinance, as that term is defined in the Ordinance. 3. The trellis does not come within the definition of a structure under the Ordinance. Assuming arguendo, that structures are subject to setback requirements, the garden trellis 4The present case is distinguishable from Reardon v. Murphy, 163 Mass. 501 (1875) (a piazza attached to a house, supported by posts, and covered by a continuation of the roof of the building was considered to be a building under terms of deed restriction) and Attorney Gen. v. Gardiner, 117 Mass. 492, 500 (1875) (brick structure used for a coal bin extending from the house and covered with turf and used for storing coal,was considered to be a building within the terms of a deed restriction), because the trellis does not have a roof, does not provide shelter and is not used for storage purposes. 15 is not a structure as that term is defined in the Ord inance. The Ordinance defines a structure as: "[a]ny production or piece of work, artificially built up or composed of parts and joined together in some definite manner, not including poles, fences and such minor incidental improvements." The definition of"structure" does not include"poles, fences and such minor incidental improvements." The trellis is a decorative garden feature designed to surround two sides of the swimming pool. It will be planted with climbing vines and flowers. As such it is a minor incidental improvement to the Property and would not be included in the definition of structure under the Ordinance. Therefore, it is not subject to the bulk regulation provisions. IV. CONCLUSION Based on the foregoing, Plaintiffs request that this court find that there are no genuine issues of material fact and that the Plaintiffs are entitled to judgment as a matter of law. Respectfully submitted, Plaintiffs, By their Attorney Michael D. Ford, Esq. 72 Main Street, P. O. Box 665 West Harwich, MA 02671 (508)430-1900 b BBO#174440 Dated: July 11, 2002 CERTIFICATE OF SERVICE I hereby certify that I served,`this date, a copy of the above document on the counsel of record for the Defendant, by mailing first class mail,postage pre-paid to Robert Smith,Esq., Town Attorney, 367 Main Street, Town Hall,Hyannis 02601. Dated: July 11, 2002 Michael D.Ford, Esq. . 16 0 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: SUPERIOR COURT Case No. 01-737 -----------------------------------------------=---------------- ' J. ROBERT CASEY and ALAN M. LEVENTHAL, Trustees of the BONNYBROOK REALTY TRUST, DEFENDANTS BUILDING Plaintiffs, COMMISSIONER AND MEMBERS V. OF THE ZONING BOARD OF RON JANSSON, Chairman, GAIL NIGHTINGALE, APPEALS OF THE TOWN OF BARNSTABLE'S RESPONSE TO RALPH COPELAND, DANIEL M. CREEDON, THOMAS A. DERIEMER, RICHARD L. BOY, STATEMENT OF FACTS AND JEREMY GILMORE, and RANDOLPH CHILDS, as MEMORANDUM IN OPPOSITION they are the BARNSTABLE ZONING BOARD OF ) TO PLAINTIFF'S MOTION FOR APPEALS, and SUMMARY JUDGMENT. PETER M. DiMATTEO, as he is the BUILDING COMMISSIONER of the TOWN OF BARNSTABLE, ) Defendants. ) ---------------------------------------------------------------- Defendants oppose Plaintiff's Motion for Summary Judgment on three grounds as follows: (1) this is an appeal de novo not appropriate for disposition by summary judgment; (2) Defendants' reversal of the building commissioner was not untenable as a matter of law; and (3) there is a genuine issue of material fact whether the trellis is a building or not. (1) Trial De Novo. As an appeal pursuant to M.G.L. c. 40A § 17, "the judge is required to hear the matter de novo and determine the legal validity of the decision of the board upon the facts found by him [or her]." Josephs v. Board of Appeals of Brookline, 362 Mass. 290 (1972). In order to grant Plaintiff's Motion for Summary Judgment, the Court will have to forgo hearing the evidence de novo: Plaintiff urges the Court to do to do that based'on his contention that the issue in his appeal is legal rather than factual, namely one of statutory construction, and that the Ordinance construction [2001-0290 Oppsj2 adopted by the Board makes its decision legally untenable as a matter of law (Plaintiffs Memorandum a ' pages 6 — 15). (2) Legal Basis of the Decision. Part of the dispute that gives rise to this appeal ?4 comes down to the following: the Board stated in its,decision that the term "building" as used in the bulk regulation section (2-3.2), while not expressly defined in the Ordinance, nevertheless has the same meaning as "structure," which is expressly defined in the Ordinance; Plaintiff asserts they do not under the law of statutory construction which does not require the Court to find any facts de novo. If the assumption is made that this is a mere question of statutory construction devoid of any factual underpinnings, Plaintiff himself cites the general rule that "the terms of a zoning by-law should be interpreted in the context of the by-law as a whole and, to the extent consistent with common sense and practicality, be given their ordinary meaning" (Plaintiff's Memorandum page 6 and cases cited). That is exactly what the Board did correctly. It examined the purposes section of the Ordinance (2-3) which states in part that the "size buildings and structures, size and width of lots, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces . . . and the location and use of buildings, structures and land . . are regulated as hereinafter provided." The definition of"structure" (section 7 of the Ordinance) refers in part to "any production or piece of work, artificially built up or composed of parts and joined together in some manner," but goes on to provide "not including poles, fences and such minor incidental improvements." Using the term ' Plaintiff brings the facts before the Court via Affidavits. It is not beyond the realm of possibility that the parties could in good faith submit admissions in the form of an [2001-0290 Oppsj2 2 "building" in the bulk regulation is 9 consistent with what is included and excluded from the definition of"structure." Poles and fences are artificial assemblages of composed parts that must exist independent of the size and width of buildings, structures, lots and yards in order to fulfill their intended functions: three examples that come readily to mind are mailboxes, lampposts and fences, all of which must be located right at the lot line. The Board was correct in its decision that in the context of the purposes and definitions in the Ordinance "building" means every assemblage other than "poles, fences, or such other minor incidental improvements" for purposes of the bulk regulation. (3) Classification as Structure. Even if the Court agrees with Plaintiff that the bulk regulation applies only to buildings, there remains a genuine issue of material fact , requiring trial de novo raised by paragraph number 3 of the Statement of Undisputed Facts and paragraph number 7 of Plaintiff's Affidavit whether or not the assemblage at issue is a building. It is not as clear as Plaintiff suggests that the structure as described is a "decorative garden feature" constituting a "minor incidental improvement." It is equally unclear and requires additional facts pertaining to what plantings the trellis will support and whether the plantings and structure are sufficiently characteristic of a shelter so as to constitute a 'building" or'a boundary separator or privacy screen so as. to constitute a "fence." (4) Setback Applicability. Section 2-3.2 of the Ordinance provides in part that no building shall be "erected . . to have narrower or smaller yards . . . than herein agreed statement of facts. See section number 3 of this Opposition. [2001-02W Oppsj2 3 l - required." The Ordinance thus requires side yards irrespective of its use of street lines in the definition of"setback." Defendants further respond that there are no disputes as to the facts presented in the remaining paragraphs of the Statement of Undisputed or in the Affidavit of J. Robert Casey. Dated: September 12, 2002. JANSSON, et al, etc., ZONING BOARD OF APPEALS, and DiMATTEO, as etc., BUILDING COMMISSIONER of the TOWN OF BARNSTABLE, Defendants, By their Attorneys,, ROBERT D. SMITH, Town Attorney [B.B.O. No. 469980) RUTH J. WEIL, 1 sc Assistant Town Attorney [B.B.O. No. 519285] T. DAVID HOUGHTON, Assis nt T wn Attorney [B.B.O. No. 241160] TOWN OF BARNSTABLE 367 Main Street, New Town Hall Hyannis, Ma. 02601-3907 (508) 862-4620; (508) 862-4724 FAX TO: MICHAEL D. FORD, ESQ. [B.B.O. No. 174440] Attorney for Plaintiff 72 Main Street P:O. Box 665 [2001-0290 0ppsj2 4 West Harwich, MA 02671 v (508) 430-1900; (508) 430-8662 Fax CERTIFICATE OF SERVICE oQ Barnstable, ss: September 12, 2002. I hereby certify under the pains and penalties of perjury that a true copy of the Notice of Appearance in this action was served upon the Plaintiff's attorney by first- class mailing on the above date. at � T. David Houghton, Assistant To Attorney Town of Barnstable [2001-0290 Oppsj2 5 r COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT CIVIL ACTION NO. 02-227 J. ROBERT CASEY AND ALAN ) M. LEVENTHAL, TRUSTEES OF THE ) BONNYBROOK REALTY TRUST, ) Plaintiffs ) VS. ) RON JANSSON, CHAIRMAN, GAIL ) NIGHTINGALE, RALPH COPELAND, ) DANIEL M. CREEDON,THOMAS A. ) DERIEMER, RICHARD L. BOY,JEREMY ) GILMORE, and RANDOLPH CHILDS AS ) THEY ARE THE BARNSTABLE ZONING ) BOARD OF APPEALS and PETER M. ) DiMATTEO, as he is the BUILDING ) COMMISSIONER OF THE TOWN OF ) BARNSTABLE, ) Defendants ) PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Plaintiffs,J.Robert Casey and Alan M. Leventhal, as Trustees of Bonnybrook Realty Trust, hereby move,pursuant to the provisions of Mass.R.Civ.P. 56, for summary judgment in their favor as a matter of law. The undisputed facts and law establish that: (1)the bulk regulations of the Barnstable Zoning Ordinance apply only to buildings; (2) Plaintiffs' proposed trellis is not a building and is not subject to the setback requirements of the Ordinance; (3) the decision issued by the Defendant,Barnstable Zoning Board of Appeals,upholding the decision of the Building Commissioner requiring a garden trellis to comply with zoning setbacks was arbitrary, capricious, not based on a legally tenable ground and in excess of the Zoning Board's authority. 1 �r These grounds for the Plaintiffs' motion are set forth in more detail in the accompanying memorandum of law, and are supported by the accompanying affidavits of J. Robert Casey and Michael D. Ford. 0 Respedtfully submitted, Plaintiffs, By their Attorney Michael D. Ford, Esq. 72 Main Street, P. O. Box 665 West Harwich,MA 02671 (508) 430-1900 BBO#174440 Dated: July 11, 2002 CERTIFICATE OF SERVICE I hereby certify that on this date I served a true copy of the foregoing document upon all other counsel of record by first class mail postage prepaid. Michael D. Ford Dated: July 11, 2002 2 Dec- 18-01 02 : 50P Norman Leventhal 561 547 5447 P.02 01/14/1995 18;47 918028624926 rraut �� MA ' A Regulatory Suite. Thomas F. Gdier,Director Blaildft Division Peter F. DtMatteo;Building-Commissioner 367 Main Sava 11yusis MA 02601 . ttcc: 309-362-.1038 Fax: $08-790-W eOMIlt4wt�tlt t�B l�. _ PM"but aAt$ ye,C— ( � ► Oo l l r �••� Ce"tl�t C. f !OH 10CAIZON_ I- �_ O Ge � U t 6 v fA) E MMM tfraar KCM60wNtg r+tn�bt^o�j`. �qAj- s Z a z202 (, / 7 S7`/^ 103 rrrrr .� --r ■i�r vee titlitlr 6 • Matt phsas• B,0s 40 rU VIA 0 z l o 9 The current extoxptroll fo:"tmrReaMMW was Waded to iaduda of silt,toots or loss Wad to allow homeowners w eapp as in&vfdmd for hke who'does tsat pwan a licme,Mided IMt 04 owner WIMMOMIzar oxMxr= aor>tro>►w�ownols , 8ctson(s)who owes a WWI of toad oa N'"hrld w raWn Ar hamb to r d&.w whirb-that is,or is iammbd to be:a ow or two-hay dafAng.mcbW at dw bed a@amts so =wry es such use and/or btm sfrneelrat- A parson who eongulu=mart d=oee borne in a twwo-ywr preied sboll sot be comidamd a hame"Mer. Suet"sosteowner"'hall svbadt to to Btrildaag officud M a Alm M=pnble to tM Building 0MCW,tbuandw the buWas Remit, (Section i09.1.I) The undersipcd"Mmeowtet"wames mpoLWlity f r voropliame with the State Buutding Cods sae other applicable codas.bylaws,ndes aid regttiasdora ne uadfiMgtlod"boMafwner"certifies*U hdsbe=dAtsW*tbo Tows of Bartntable Building D t, rlm tloe ed m a sad that hdshe wilt comply with:xid and `, SI olfto�rasr Ap;rovai o!8wW1+g Qttldai N(M. ThrI10 t3JOiir dwdlinp containing 35.000 cubic fast or lager will be rogwmd to comply with dw Sum 8vilditlg Code Sactlon 121.0 Coasavovtina COMW. Z0b=W l IS CKDWMY4 Ths tads smaes sJ -A"aotsWM"W ti%Wk ear WWI*a bt QUI POOM b raquitsd AM bit aaampt(rota As oroWirMS of ft so"(Seed"lop.t.1.imams'dasasetta, $dpareiaaa)r.pf►fidad the:it the aemeOwaer ealases a petsao(al for h"0 do Mk wean WN salsa HOaQin MM dam M as SWOW j1w." . MaRr t10e070wtt��+�fists fYs a�eegnitn sae gaiu�tl!till tlleY�aesaaeaa�a�paaelbitiales or a f Ypen'ifar(f OR AOv i 4 RYks!ReRa4ttoas for Uftodeg Cgemugm a.epnr o -Sashes 2131 7%h tank of wwwwwa aAam rault[to tetioee psvttNAs.pardwJarly who t�bdMo�raer tflae oialloaaad'aaeaa. to Ilti1 e#rr.owlfoesd eagaat psoead apeimt zhc apiicamtd Oc++w as ts•w�solA ariih a 110faU00 3up+rMw11: 111a haeaeeWpt ttdhee ai SYpeteisor u ltltimattty teepatuible- ToatAsaas dfat did ttaeep- ►is pay*WM a[risltf stgetttibt{111tir,May Mann oitiaa twain.as th of du pang i�IJIt7b011.Ow M A=WWW"Mtn an taehhe YtidasM&tM stdoftkulidw Ora JVpaMA&. 0I ftOC JSt V2p of tier t{tYt if J tuna cui"loy used by ferarat Uh m. Yea my tare t smead ad ader Wych a(CruvewdanOR for use is your CO&MILFfty, �4 Q13—c3-2rde►1 0 03 s 4GD I t._ i�si=rIleavur�be Massachusetts Department of Env!ronrnental'Protection Bureau of Resource Protection -Wetlands SE3-3776 WPA Form 5 - Order of Conditions prcvider9byL!~r ,r Massachusetts Wetlands-Protection Act M.G.L. c. 131, §40 d 1 TM TOWI`t OF BARNS ART.F nRT)INAA CE-s- MITT_ o� A. General Information 3 11 n KU AL Important: �b i43;�- �$9 When filling From, °fie luxV�- out forms on Barnstable _ the computer, Conservation Commission use only the tab key to This issuance If for(check one); move your cursor- do [ Order of Conditions not use the . return key. ❑ Amended Order of Conditions To: lappCcant: Property Owrier(i(different from applicant): Bonnybrook Realty Trust J._ Robert Casey & Alan Leventhal. Trs T� Name Namec/o Beacon Capita]. Partners 21 Bonnybrook Road One Federal Street Mailing Address Mailing Address Waban MA 02468 Boston MA 02110 City/Town State Zip Code City/Town State Zip Gone 1. Project location, 185 Ocean View Avenue Qotuit _ SlreetAddress CityPrawn 033 016 Assessors Map/Plat Number Parcel/lot Number 2. Property recorded at the Registry of Deeds for: Barnstable I 108 .138 County Book Page Certiricate(If reglstered lead) 3, Dates; January 4. 2001 _Ta_nJ la ry 23, Inn l March 21, 2001 Date Notice of Intent Filed Date Public Hearing Closed Oete.or Issuance 4. Final Approved Plans and Other Documents (atta_h additional plan references as needed): Revised Site Plan March 13, 2001 Title Date 5, Final Plans and Documents Signed and Stamped by.- Peter Sullivan, PE I` Name -- 6. Total Fee: $55.00 (rrom Appendix 6:Walleid Fee Transmittal Form) V'.PA Far-5 Rev OVC0 AUG. 114. 200! (TUE) 10:01 JOHN R ALGER 5084209162 PAGE. 9i 7 Massachusetts Department of Environmental Protection e DeP File Ntmbs; Bureau of Resource Protection -Wetlands W. Form 5 -- Order ®f COnditi®ns PrevtdedbyDEp Massachusetts Wetlands Protection Act M.G.L. c. 131; §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of intent and based on the Information provided in 'this application and presented at the public hearing,this Commission finds that the areas in which work is proposed Is significant to the following Interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish 2-'Prevention of Pollution ❑ Private Water Supply ❑ Fisheries [Protection of Wildlife Habitet ® Groundwater Supply storm Damage Prevention R-'Flood Control Furthermore, this Commission hereby finds the project,as proposed,is(check one of the following boxes) Approved subject to: ['the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those Interests checked above.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the.extent that the following conditions modify or differ from the plans,specifications, or other pfbposals submitted with the Notice of Intent, these conditions shall control. , Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth In the%yetiand regulations to protect those Interests checked above.Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests,and a final Order of Conditions Is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work, on the Interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent Is submitted which provides sufficient Information and includes measures which are adequate to protect the Act's Interests, and aTrial Order of Conditions is issued.A description of the specific Information which Is lacking and why It is necessary is ettached to this Order as per 310 CPAR 10,05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2_ The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights, 3. This Order does not relieve the permiree or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Paco cr 9 KFx Fcrr 5 aev OVOG - AUG. 14. 2001 (TUF) 10:02 JOHN A ALGER 5064203162 PAGE-4/7 DEP File Number., Massachusetts Department of Environmental Protection Y Bureau of Resource Protection -Wetlands Provided by oeR 1>r11PA► Form 5 - order of Conditions Massachusetts Wetlands Protection Act PA.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed v-Jthin three years from the date of this Order unless either of the following apply: a, the wor% is a maintenance dredging project as provided for In the Act: or b. the time for completion has been extended to a specified date more than three years,but less than five years, from the date of issuance. If this Order Is intended to be valid for more than three years, trio extension date and the special,circumstances warranting the exlended time period are set forth as a special condition in this Order. S. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to Vie issuing authority at least 30 days prior to the Expiration date of the Order. 6. Any fill used in connection this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to limber,brlcks, plaster,wire, lath,paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order Is no!final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of thle of the affected property. in the case of recorded land, the Final Order shall also be noted in the Registry's Grantor index under the name of the owner of the land upon'which the propose work is-to be done. In the case of the registered land, the Final Order shall also be noted®n the Land Court Certificate of Tile of the avner of the land upon which the proposed work is done.The recording info.m2tion shall be submitted to this Conservation Commission on the form at the and of this Order, which form nu-t be sta:-,Iped by the Registry of Deeds, prior to the commencement or work. g. A sign shall be displayed 2! the site not less then N%,o square feet or more than three square feet in size bearing the words, "tutassachusehs Department of Environmental Protection' tor, WA DEPI `File Number SE3-377fi 10. Where the Department of Environmentai Protection is regroceed no Issue s and Sup rs din ODEP.the Cons er:G;ion Commission shall be a party to all agency p 9 11. Upon completion of the ti:ork desc-Oped herein, the applicant shall submit a Request for Certificate or Compliance (WPA Farm 6A) to the Conservation Commission. 12. The work shall conform to the plans and spaci2l conditions•referenced in this order. 13. p.ny.chonoe to the p12ns identified in Condition r12 above shall require the applicant to inquire of the ConsetiaGor, Comr�isslon in writing whether the change is sign enough to require the filing of s Notice of intent. 14. The Agent or members of the.Conservation Commission and the Department of Environmental Protection shali have the right to enter and inspect the area subject to this Order st reasonable hours to evaluate coma;rnce With the conditions stated in this order, and may require the submittal 0.1 arY data deemed necessary by the Conservation Commission or Department for that evaluation. • pej�et 7 %tiPAr nS Fol cY.v f : AUG. 14. 2001 (TUE) t 0:02 JOHN R ALGER 5084203102 PAGE. 5/7 DB,P Fite Nturnbc� � . Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 -- Order of Conditions ProvldedbypC� ' ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor In interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging, Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been Issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until ell disturbed areas have been fully stabilized with vegetation or ol:ier means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall Immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order, Special Conditions (use additional paper. If necessary).- see attached - Findings as to municipal bylaw or ordinance Furihermore. the Barnstable hereby finds (check one that applies): �OrIS�Na:iOR Com^�issic' ❑ that the proposed work cannot be conditioned to meet the standards set forth to a municipal .ordinance or bylaw specifically: Name Municipal brdinanoo or Bylaw Therefore, work on this project miry not go forvrard'untass and until a revised Notice of intent Is submitted which provides measures which are adequate to meet these standards,and a final Order o' Conditions is issued. [,that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Article 27 of Town Ordinances Municipal Ordinancew or byla Name The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent re`erenced above. To the extent that the following conditions modify or differ from the plans, specifications,or other proposals submitted with the Notice of Intent, the conditions shall control. Palo° Y.PA 6;rr 1 R : C2:G AUG. 14. 2001 (TUE) 10;02 JOHN R ALGER 50842031 62 PAGE. 6i 7 SE3-3776 Honnybrook Realty Trust Approved Plan=March 13,2001 Revised Site Plan by Peter Sullivan,PE Special Conditions of Approval 1, Within one month of receipt of this Order of Conditions and prior to the commencoment of any work approved herein,General Condition number 8(preceding page)shall be complied with. 2. The remains of the existing beach house shall be appropriately disposed of offsite. 3. All areas disturbed during construction shall be revegetated immediately following completion of work at the site. No areas shall be left unvegetated or'unmulched for more than 30 days. 4. At the completion of work, or by the expiration of the present permit,the applicant shall request in writing a Certificate of Compliance for the work herein permitted. Where a proiect has been completed in accordance with plans stamped by a registered professional b such a a c architect or land surveyor, a written statement engineer, architect, landscaper h yY professional person certifying substantial compliance with the plans and setting forth what deviation„ if any, exists with the record plans approved in the Order shall accompany the request for a Certificate of Compliance. I AUG. 114. 200i (TUE) 10:03 JOHN R ALGER 50841203162 PAGE. 7/7 DEP Fife Number: pAzissachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands y .L WPA Form Order of Con tions ProvidedAyDEP - Massachusetts Wetlands Protection Act M.G_L. c. 131, §40 Be Findings (cont.) Additional conditions relating to municipal ordinance or bylr)w: see attached -- ------�—----- This Order is valid for three years. unless othervrlse specified as a special condition pursuant to General Conditions 04, from the date of issuance. ---_—�-_,�---- This Order must be signed by a majority of the Conservation Cornmisslon,The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office(see Appendix A) and the property owner(if different from applicant). Signatures: On Day Month and Year oefare men personally appeared 1 to me imown to be the person described in and who executed the foregoing Instrument and acknowledged that he/she executed the same as his/her free act and deed. Nolary Public My Commisslon Expires This Order Is Issued to the applicant as fol[Ms; (] by hand delivery on ® by certified mail,return receipt requested.on Maxch 21. 24�_ Date A bate pl,;e t of 1 V.r'�A io•m c Rev.0200 .......... - -------f B.ari TWA* 0 ista Erpiris 6 months from issue-dale SIM 012 Regulatory Servic Fee MlEoASS. es 1639. Thomas F.Geiler,Director /a� of Building Division el 1111 /,5, 6 14;>71, Elbert C Ulshoeffer,Jr. Building Commissioner 41 -- 367 Main Street, Hyannis,MA 02601w 6/;6)7/01 Office: 508-862-4038 7-Y6 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION 5 Not Valid williout Red X-Press Imprint Map/parcel Number D 3 3 U X-PRESS PERMIT -7 L� Property Address 4 I&V e7- COT U I UN 2 9 2001 (E�-e UIT — ot F Residential OR R Commercial Value of Work C9 R TAKE T Owner's Name&Address Kk Lk U-1X1"L. EIPERA L d T -r-.c>X2. 11 ,�5 Name C, 7 re a W C- Telephone Number '7 7 .9 0 7 Ho�nie h-n-prwement ontractor License#(if applicable)_ 0 7— 0 Construction Supervisor's License#(if applicable) FjWorkman9s-Compensation,Insurance Check one: 23 so 3D ❑ I am a le proprietor ❑ I am the Homeowner I have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy# o c) g?c)-7 4 Permit Reqliest(check box) E] Re-roof(stripping old shingles) ❑Re-roof. (not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows. U-Value (maximum.44) ❑ Other(specify) 1S *Where re I quired: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. Signature expmtrg oFT row Town of Barnstable *Permit# Expires 6 months from issue date o h B"NSMBM ' Regulatory Services Fee 9 toss' ��' Thomas F. Geiler,Director_ �A ie3� , Building Division Peter F.DiMatteo, Building Commissioner -PRESS PERMIT Main Street, Hyannis,MA 026oiw X Office: 508-862-4038 Fax: 508-790-6230 AUG9 2 001 EXPRESS PERMIT APPLICATION OWNOF BARNSTABLE Not Valid without Red X-Press Imprint Map/parcel Number S Property Address / 8 5" OC f1-?V'10Z£k /�I-vy' CC i 01 Residential OR ❑Commercial Value of Work, f 000 Owner's Name&Address > o� =fn001� ��'HCT7 � Contractor's Name E h/D/ZIZC s f � _:- Telephone Number Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) d l � 115fWorkman's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ I am the Homeowner I have Worker's Compensation Insurance Insurance Company Name ev C67 /00 910 ZA ' Workman's Comp.Policy# Permit Request(check box) ❑ Re-roof(stripping ola.shingles) ❑Re-roof(no ipping. Going over.. isting layers of roof) ❑ R ide Replacement Windows. -Value (maximum'.44) ' �] Other(specify) cti4e) L G�fLI�(a C-�lL�%4T -�t'1 i��� ire.- 03 �y - f ��f "Where required: Issuance of this permit does not exempt compliance with other town department regu agons,i.e.Historic.Conservation,etc.. Signature Z;,. S Q:Forms:expmtrg:rev-070601 NNW APPROVED TOWN OF BARNSTABLE -GGAS - Diff G 2-1 UILDING A APPROVED APPROVED R HLfE TOWN OF BARNSTABLE T OF BA 0 . n-FEUMM$ P1G ElUILDING G n"'-UILDING APPROVED ` as TOWN OF BARNSTABLE ~' " ' APPROVED 24--c ❑ TOWN OF BARNSTABLE ❑ BUILDING ® GAS tNG E PLU "MG [fit N G- APPROVED TOWN OF BARNSTABLE �..GAg— ❑—W+R I N ❑ P LWMM ®—BTJILDING APPROVED TOWN OF BARNSTABLE ❑=GA-S' -9---P -B7M G U I L D I N G i APPROVED TOWN OF BARNSTABLE E GAS— ❑�i H—P L UMBtN-G— UILDING o t Town of Barnstable Planning Division - Staff Report Appeal 2002-05 - Bonnybrook Realty Trust- Leventhal Appeal of the Building Commissioner Denial of a Building Permit for an Accessory Structure. Date: December 13, 2001 To: Zoning Board of Appeals Ak Tra yk, Principal Planner Petitioner: Bonnybrook Realty Trust(Mark Leventhal)J.Robert Casey&Alan Leventhal,Trustees Property Address: 185 Ocean View Ave.,Cotuit,MA Map/Parcel: Map 033,Parcel 016 Zoning: Residential F&Resource Protection Overlay Districts Filed:October 29,2001 Hearing:January 09,2002 Copy of Public Notice: Bonnybrook Realty Trust (Mark Leventhal)J. Robert Casey&Alan Leventhal, Trustees are appealing the October 1, 2001 denial of the building permit for an accessory shed (dollhouse structure). The structure would be 3 feet from the side property line, within the required side yard setback area. The property is shown on"Assessor's Map 033, Parcel 016 and commonly addressed 185 Ocean View Ave., Cotuit, MA in a Residential F Zoning District. Background & Review: Appeal 2002-005 is an appeal of the Building Commissioner October 01, 2001 refusal to issue a building permit for a proposed shed to be placed 3 feet from the side property line. According to the Assessor's Record,the property at issue is a 1.56-acre parcel developed with a 2.5 story 6,975 sq.ft. five-bedroom single-family dwelling built in 1999. The sub)ect site was before the Board late last year with another appeal of the Building Commissioner(Appeal 2001-115) involving the location of mechanical equipment and an emergency electric generator within the required setbacks. In today's appeal,the applicant is proposing that the removal of a shed- "doll house" - structure during the 1999, redevelopment of the property did not constitute an abandonment of the shed. The statement is made within the application that the " petitioner caused a doll house (shed)to be dismantled for protection and repair while the house construction was going on and now seeks to replace it in the exact same location." The applicant should be prepared to substantiate this by submitting evidence to the Board of its dismantling, storage and repair. Building Permit No. 40438 was issued to the site for the demolition and rebuilding of a new dwelling. It cites that the rebuilding was to be "according to attached plan". The foundation plan submitted for redevelopment of the site is a December 29, 1999, plan prepared by Sullivan Engineering,Inc. Although that plan shows other accessory structures to be retained,it did not show the accessory shed(doll house) on it. (See copies attached) Planning Division-Staff Report The question in this appeal goes to the voluntary discontinuation of a non-conforming structure. Does it constitute abandonment, and therefore formfitting those non-conforming rights? Section 4-4.8 of the Zoning Ordinance addresses abandonment and non-use. That section reads: "Any lawful pre-existing nonconforming use or building or structure or use of land which has been (i) abandoned or (ii) not used for 3 years, shall not thereafter be re-established. This section shall not apply in cases of damage or destruction governed by section 4-4.6." Section 6 of MGL Chapter 40A deals with the issue of abandonment and discontinuation and specifically cites that"the word"discontinued" is the legal equivalent of"abandoned."" (See attached) Board Members should recall the issue of abandonment with reference to the Hudland Appeal 1993-30. In that appeal of the Board's denial of a non-conforming use special permit the court found that voluntary demolition of a building was a clear indication of abandonment. "Loss of the right to continue a non-conforming use will occur if the landowner abandons the use. Derby Refining Co.v. Chelsea, 407 Mass. 703,708-711 (1990).Abandonment is a question of fact. "The concurrence of... (1) intent to abandon and(2)voluntary conduct ... which carries the implication of abandonment"will constitute abandonment. Surrender of licenses or their renewal may be evidence of intent. Clear indicia of abandonment includes changing property to a conforming use or demolishing buildings." (A full copy of the decision has been entered into the file) Copies: Petitioner/Applicant Attachments: 2 � r D �� Town of Barnstable Regulatory Services BARNSPABLE' ' Thomas F.Geiler,Director 9 MASS. � � qjA i63q. 10 a Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO. N �, 6 LSZ\JlYi4VA0. ATTN: FAX NO: FROM: � DATE: PAGE(S): (EXCLUDING COVER SHEET) _ PQ-v- _ ayk � rY _ , r Town of Barnstable Planning Division - Staff Report Appeal 2002-05 - Bonnybrook Realty Trust— Leventhal Appeal of the Building.Commissioner . Denial of a Building Permit for an Accessory Structure. Date: December 13, 2001 To: Zo 'ng Board of Appeals Art raczy ,Principal Planner Petitioner: ' Bonnybrook Realty Trust(Mark Leventhal)J.Robert Casey&Alan Leventhal,Trustees Property Address: _ - 185 Ocean View Ave.,Cotuit,MA Map/Parcel: 'Map 033,Parcel 016 Zoning: Residential F&Resource Protection Overlay Districts Filed:October 29,2001 Hearing:January 09,2002 Copy of Public Notice: Bonnybrook Realty Trust (Mark Leventhal)J. Robert Casey&Alan Leventhal, Trustees are appealing the October 1, 2001 denial of the building permit for an accessory shed (dollhouse structure). The structure would be 3 feet from the side,property line,within the required side yard setback area. The property is shown on Assessor's Map 033,Parcel 016 and commonly addressed 185 Ocean View Ave., Cotuit,MA in a Residential F Zoning District. Background&Review: Appeal 2002-005 is an appeal of the Building Commissioner October 01, 2001 refusal to issue a building permit for a proposed shed to be placed 3 feet from the side property line. According to the Assessor's Record,the property at issue is a 1.56-acre parcel developed with a 2.5 story 6,975 sq.ft. five-bedroom single-family dwelling built in 1999. The subject site was before the Board late last year with another appeal of the Building Commissioner(Appeal 2001-115) involving the location of mechanical equipment and an emergency electric generator within the required setbacks. In today's appeal,the applicant is proposing that the removal of a shed- "doll house" - structure during the 1999, redevelopment of the property did not constitute an abandonment of the shed. The statement is made within the application that the"petitioner caused a doll house (shed) to be dismantled for protection and repair while the house construction was going on and now seeks to replace it in the exact same location."- The applicant should be prepared to substantiate this by submitting evidence to the Board of its dismantling, storage and repair. Building Permit No. 40438 was issued to the site for the demolition and rebuilding of a new dwelling. It cites that the rebuilding was to be"according to attached plan". The foundation plan submitted for redevelopment of the site is a December 29, 1999, plan prepared by Sullivan Engineering, Inc. Although plan shows other acce ssory structures to be retained, it did not show the accessory shed(doll house) that rY P .on it. (See copies attached) Planning Division-Staff Report. The question in this appeal goes to the voluntary discontinuation of a non-conforming structure. Does it constitute abandonment, and therefore formfitting those non-conforming rights? Section 4-4.8 of the Zoning Ordinance addresses abandonment and non-use. That section reads: "Any lawful pre-existing nonconforming use or building or structure or use of land which has been(i) abandoned or(ii) not used for 3 years, shall not thereafter be re-established. This section shall not apply in cases of damage or destruction governed by section 4-4.6." Section 6 of MGL Chapter 40A deals with the issue of abandonment and discontinuation and specifically cites that"the word"discontinued" is the legal equivalent of"abandoned."" (See attached) Board Members should recall the issue of abandonment with reference to the Hudland Appeal 1993-30. In that appeal of the Board's denial of a non-conforming use.special permit the court found that voluntary demolition of a building was a clear indication of abandonment. "Loss of the right to continue a non-conforming use will occur if the landowner abandons the use. Derby Refining Co.v. Chelsea, 407 Mass. 703, 708-711 (1990).Abandonment is a question of fact. "The concurrence of... (1) intent to abandon and(2) voluntary conduct ...which carries the implication of abandonment"will constitute.abandonment. Surrender of licenses or their renewal may be evidence of intent. Clear indicia of abandonment includes changing property to a conforming use or demolishing buildings." (A full copy of the decision has been entered into the file) Copies: Petitioner/Applicant Attachments: 2 aA�,n TOWN OF BARNSTABLE ivA0b. Zoning Board of Appeals Application for Other Powers s OCT 2 J 2001 � T WN OF BARNSTABLF Date Received . For offi-ce.0 e, on7 • Qn Town Clerk office Appeal Hearing Date Decision Due The undersigned hereby applies to the Zoning Board of Appeals for the reasons indicated: Applicant Name: Bonnybrook Realty Trust (Mark Leventh4l�hone o ert Casey an event a , .Trustees Applicant Address: c/o Beacon Capital Partners, One Federal Street, Boston. MA 02110 Property Location: 185 Ocean View Avenue, Cotuit This is a request for: [j Enforcement Action [] Appeal of Administrative officials Decision [] Repetitive Petitions pq Appeal from the Zoning Administrator [] other General Powers Please specify: Please Provide the Following Information (as applicable): Property owner: Bonnybrook Realty Trust , Phone J. Robert Casey & Alan Leventhal, Trustees Address of owner: c/o beacon C p;tal Partners, nne d 1 4 r et, Rnctnn, M4 n9110 If applicant differs from owner, state nature of interest: Assessors Map/Parcel Number 33/16 Zoning District RF Groundwater overlay District AP which Section(s) of the Zoning ordinance and/or of MGL Chapter 40A are your appealing to the Zoning Board of Appeals'? Section 4-4 8 Abandonment Section 3-1.4(5) Bulk Regulations Existing Level of Development of the Property - Number of Buildings: 1 Present Use(s) : House under construction Gross Floor Area: sq.- ft'. Application for Other Powers Nature & Description of Request: In connection with the construction of a new dwelling on the property at 187 Ocean View Avenue your petitioner caused a doll house (shed) to be dismantled for protection and repair while the house construction was going on and now seeks to replace it in the exact same location. There never was an intention to abandon and there never was abandonment. Attached separate sheet if needed. Is the property located in an Historic District? Yes [] No [x] If yes ORH Use Only: Plan Review Number Date Approved Is the building. a designated Historic Landmark? Yes [ ] No [x] if yes Historic Preservation Department Use only: Date Approved Has a building permit been applied for? Yes [ No [ ] Has the Building Inspector refused a permit? Yes No [] Has the property been before site Plan Review? Yes [ ] No [x] For Building Department Use only: Not Required - single Family [ ] site Plan Review Number Date Approved signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your request: Three (3) copies of the completed application form, each with original signatures. Three (3) copies of all attachments as may be required for standing before the Board and for clear understanding of your appeal. The applicant may submit any additional supporting documents to assist the .Board in making its determination. Bonn yb ok alty Trus signature: B Date:. October 29, 2001 AppAn' nt or Agent s ignature: R. Alger Agent's Address: 5 arker Rd. , P. 0. Box 449 Phone: 508-428-8594 Osterville, MA 02655 Fax No. 508-42073162 10/29//01 MON 10:19 FAX 508 775 78779 8u77 EB NORRIS Z 002 Town of Barnstable Regulatory Services WAM ; Tbommi F. Geller,Director Building Division ]Peter F.D[Matteo Bnllding CoMndssfoner 367 Main Street, Hyannis,MA 02601 Office: 508-9152-4038 Fax: 508-790-6230 October 1,2001 lvgr.Lrazntl�l 185 Ocean Street Cotait,MA 02635 Dear Mr.Leventhal: I must deny the sated registration for 185 Ocean View because the location shown an site plans shows the shed 3' from the lot line. Toning Ordinances section 3-1.4(5)Bulk Regulations shows that you must have a minimum of 30' front and 15'side and rear gc*acks from your lot lines. lt's my uaders=dmg that this shed was located in The same bWt shown on the site plan but was voluntarily removed when demolition started on the dwelling. Removal of the shed at that time Constitutes abamdownent,nou-rise Section 44.8 in the Zoning Ordinances. To place the shed as shown on the site plan would require a Variance from the Zoning Board of Appeals. If you have any questions.please feel free to contact me. 5incercly, Mitchell Tmtr Local Inspector /Ian QOI 10*1 . i '._ -._ i ASEY,J ROBERT&LEVENTHAL,A TRS 1 evel Public Wate.I Paved 7 Waterfront Description Code Ap2raised Value Assessed Value /oLEVENTHAL,MARK-THE BEACON OLIVERs :Excel View S LAND 1010 2,184,000 2,184,0 OSON00 TON, ST MA 02109 ESIDNTL 1010 193,800 193,800 801 eptic , ,r<=• RESIDNTL 1010 15,100 15,100 Barnstable 2001,MA dditional Owners: Account# 19321 Plan Ref. Tax Dist. 200 Land Ct# er.Prop. #SR Life Estate VISION DL 1 Notes: DC 8569/146 DL 2 GIS ID: Total 2,392,900 2 392,900 ASEY,J ROBERT&LEVENTHAL,A TRS 12108/138 03/05/1999 U I 3,390,000 10 Yr. Code Assessed Value Yr.r Code Assessed Value Yr. Code K Assessed Value WHITCOMB,PEMBERTON 2148/ 83 Q 0 2000 1010 889,200 1999 1010 889,300 998 1010 189,300 HITCOMB,PEMBERTON DTH C U I 1 A 2000 1010 353,600 999 1010 352,000 998 1010 338,900 2000 1010 1,100 999 1010 11100 998 1010 1,100 Total. 1,242,400 Total: . 1 229.300 .This signature acknowledges a visit by a Data Collector or Assessor Year TvvelDescription Amount Code Description Number Amount Comm.Int. M1 �� Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 Total Appraised OB(L)Value(Bldg) 13,500 r' 1 Appraised Land Value(Bldg) ,0 �, PP 2184 00 Special Land Value Total Appraised Card Value 2,197,500 Total Appraised Parcel Value 2,392,900 FOUNDATION ONLY 1/1/00 Valuation Method: Cost/Market Valuation DELETE PREV STRUCTURE et Total Appraised Parcel Value 2,392,900 Permit ID y Issue Date Type Description Amount Ins Date `'%Comp. Date Comp. Comments Date ID Cd. . Purpose/Result 40438 8/3/1999 DE Demolish 1,350,000 1/1/2000 11/13/2000 JG 03 Data Mailer 37031 3/11/1999 RE emodel/Renov 300,000 1/1/2000 100 1/1/2000 3/23/2000 MF 02 ea./List Bldg Permit On B25024 5/1/1983 0 1/15/1984 100 CO 2 ST 10/15/1985 FR B24868 3/1/1983 0 0 CO BLDG B# Use Code Description Zone D ronta a De th Units Unit Price I-Factor S.I. 1C.Factor NMI. Ad'. Notes-Ad'/Special Pricing Ad'. Unit Price Land Value 1 10110 . Single Fam RF 2 2 1.56 AC 95,000.00 1.00 5 1.00 07WA 7.00 PCL(l.,Ul5)Notes:SITE 1,400,000.00 2,184,000 Total Card Land Units 1.561 ACI Parcel Total Land Area: 1.56 ACI Total Land Valu 2,184,000 �••� "tug K: i k.uru t of L rnnr vare: 11t1Y/ m lu r-Iffieffil MIA Element Cd. Ch. Description Commercial Data Elements tylel Type 94 Outbuildings Element Cd. Ch. Description odel 00 Vacant Jeat&AC rade Frame Type tories aths/Plumbing ccupancy CeilingfWall ooms/Prtns xterior Wall 1 /o Common Wall 2 Wall Height Roof Structure Roof Cover Interior Wall 1 Q 2 lement Code Description Factor nterior Floor i omplex 2 loor Adj nit Location eating Fuel Heating Type umber of Units C Type umber of Levels /o Ownership - - Bedrooms Bathrooms otal Rooms Jnadj.Base Rate 21.00 ize Adj.Factor 0.00000 ath Type rade(Q)Index 0.00 Kitchen Style dj.Base Rate 0.00 ldg.Value New 0 ear Built 0 ff.Year Built 0 rml Physcl Dep 0 b uncn]Obslnc 0 \ µ`' rff con Obslnc 0 pecl.Cond.Code 1010 Single Fam 100 pecl Cond Overall%Cond. 0 eprec.Bldg Value ° w ., ROOM" Code Description L/R Units Unit Price> Yr. Dp Rt %Cnd Apr. Value SHED Shed L 312 8.00 1940 1 100 1,000 FND Foundation L 1 12,500.00 1999 0 100 12,500 Code Description Livin Area Gross Area E .Area Unit Cost Unde rec. Value i W. Gross Livaease Area 01 0i 0!Bldg Val: ASEY,J ROBERT&LEVENTHAL,A TRS Level ublic Watt I aved Waterfront Descri lion Code A raised Yalue Assessed Value %LEVENTHAL,MARK-THE BEACON as 1i xcel View ES LAND 1010 2,184,000 2,184,000 OLIVER ST a tic ESIDNTL 1010 193,800 193,800 $01 OSTON MA 02 P 109 SIDNTL 1010 15,100 15,100 Barnstable 2001,M4 dditional Owners: Account# 19321 Plan Ref. Tax Dist. 200 Land Ct# er.Prop. #SR Life Estate VISION DL 1 Notes: DC 8569/146 DL 2 GIS ID: Total 2,3 2,9001 2,392,900 ASEY J ROBERT&LEVE NTHAL,A TRS 12108/138 03/05/1999 U I 3,390,000 10 Yr. Code Assessed Value Yr. Code Assessed Value Yr. I Code Assessed Value HITCOMB,PEMBERTON 2148/ 83 Q 0 2000 1010 889,200 999 1010 889,300 998 1010 889,300 HITCOMB,PEMBERTON DTH C U I 1 A 2000 1010 353,600 999 1010 352,000 998 1010 338,900 2000 1.010 1,100 999 1010 1,100 998 1010 1,100 Total:1 1 243 900 Total. T-2i2,4001 Total:1 1,229,300 This signature acknowledges a visit by a Data Collector or Assessor Year T e/Descri lion Amount Code Descri tion Number Amount I Comm.Int. Appraised Bldg.Value(Card) 193,800 Appraised XF.(B)Value(Bldg) 0 Total praised OB( )Value(Bldg). 1 Appraised Lan Value(Bldg) �600 '.� �', ,t L9 y;•,v .s?k':. R L. 5„� t"Ff. G� Special Land Value Total Appraised Card Value 195,400 Total Appraised Parcel Value 2,392,900 Valuation Method: Cost/Market Valuation et Total Appraised Parcel Value 2,392,900 Permit ID Issue Date Type Description Amount Insp.Date %Comp. Date Comp. Comments Date ID Cd. Purpose/Result 11/13/2000 JG 03 Data Mailer 3/23/2000 MF 02 ea./List Bldg Permit On 10/15/1985 FR B# Use Code Description Zone D Fronta a De th Units Unit Price I.Factor S.I. C.Factor Nbad. Adj. Notes-Ad/S ecial Pricing Adf. Unit Price Land Value 2 1010 Single Fam RF 2 0.01 SF 0.00 1.00 5 1.00 07WA 7.00 PCL(00)Notes: 0.00 0 Total Card Land Units 0.00 AC Parcel Total Land Area: 1.56 ACI Total Land Valu 0 .t ,a .- 33 •v'ate.,,. .. 's. ..- - ,.. .,., .... ..._.»' .. ...... , -' ...'ct.. � g. ...,`.:.x., _ T Element Cd. Ch. Description Commercial Data Elements tyle/Type 3 Colonial Element Cd Ch. Description odel 1 Residential eat 4 AC 11 ade Luxury Grade rame Type aths/Plumbing FUS 22 3 3 tories Stories Occupancy 0 CeilingfWall AS ooms/Prtns MT Exterior Wall 1 14 Wood Shingle /o Common Wall 2 Wall Height Roof Structure 07 Gambrel BAS, Roof Cover 10 Wood Shingle 20 BMT Interior Wall 1 3 Plastered Element Code Description actor V 2 14 1 Interior Floor 1 9Pine/Soft Wood Complex 2 11, Ceram Clay Til Floor Adj 20 Unit Location US 20 2 g Heating Fuel 2 it umber of Units AR eating Type 4 of Air umber of Levels C Type 3 Central /o Ownership 1212 Bedrooms 04 4 Bedrooms Bathrooms 3 3 Bathrooms y 0 Full �" ! : 0 10 _. Total Rooms Rooms nadj.Base Rate 60.00 10 ize Adj.Factor 0.96904 ath Type Grade(Q)Index 1.77 Kitchen Style Adj.Base Rate 102.91 30 Bldg.Value New 258,407 Year Built 1830 ff.Year Built (A)1975 rmi Physcl Dep 25 uncalObslnc 0 .£ y con Obslnc 0 pecl.Cond.Code 1010 Single Fam 100 3pecl Cond% verall%Cond. 75 eprec.Bldg Value 1012 Qnn (J{ MOM, NMI" Code Description LIB Units Unit Price Yr. Dp Rt h%Cnd A r. Value GRN2 COMM GLASS L 176 8.00 1930 1 100 400 SHED Shed L 160 8.00 1990 1 100 1,200 a Code Descri tion Livin Area Gross Area E .Area Unit Cost Unde rec. Value BAS First Floor 885 885 885 102.91 91,075 BMT Basement Area 0 885 177 20.58 18,215 FUS Upper Story 1,281 1,281 1,281 102.91 131,828 GAR Attached Garage .0 480 168 36.02 17,289 Ttl. Gro;sLivILease Area i 2,1661 3,5311 2,5111 Bldg Val: 1 258,4071 #1151 lr�! #' L NAP 3450 1 #110 ' W 34 1 AW 34 1\ 1 k _ 45 _ �' #ll - - - 6UP 71 X_ 58 W34 _____ / _—k #1160 49 _ ---W 34 r; a #31 P 33 6UP33 33 _ J65 - 34 14zo t 3ay �— -33 29 Q#loo 2 j #1;# #161 12 - --- 26 0 #n2 AWE- 9-2 k �. #113I I W33 '�- � �n 9-1 1185 IB8 /* I 33 1 7 x MA?33 # 20 AUP 33 --/ #u4Q i#280 _ r NAP 33 2205 i l up 40 e12962 # 63 33 '338 F2 !76 Awn 33 43 #4 E3 18 MAP 33 19#24141 32 #1286 ❑ 6UP 33 . s-1 MAP 33 # 1 246 MAP 033 PARCEL 16 ," ALE: I"=200' w E 300" BUFFER s FE: Planimetrics,topography;and **NOTE:The parcel lines are only graphic representations DATA SOURCES: Planimetrics(man-made features)were interpreted from 1995 aerial photographs by The James Loon were mapped to meet National of property boundaries. They are not true locations,and W.Sewall Company. Topography and vegetation were interpreted from 1989 aerial photographs by GEOD Accuracy Standards at a scale of do not represent actual relafionships to physical objects Corporation. Planimetrics,topography,and vegetation were mapped to meet National Mop Accuracy Standards 100'. on the map.. at a scale of 1"=100'. Parcel lines were digitized from 2002 Town of Barnstable Assessors tax maps. b 3 3 Parcel �lD p �� Permit# -alth Division/� � p Date Issued 3 Conservation Div sips 4 g�7( Fee S Tax Collector L. Treasurers �o `7/61(g��� W`-4IiW T,�:r•L=a S —r-- � � Planning Dept. ENVIRONMENTAL CIDE AND Date Definitive Plan.Approved by Planning Board TOWN REGULd1TiGNS Historic-OKH Preservation/Hyanni's l Project Street Address l �GE4u\/ ZE1•C� L1,���' Village Owner C L Address Telephone e o A 09 Xb S 7 75' 9) 45 Permit Request Square feet:1st floor existing Offd proposed 3 ?S 2ndfloor.existing LLD proposed ✓3/D0 Total new er Estimated Project Cost 4 35V,00 a Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size 2- ' �� Grandfathered: ❑Yes ❑No If yes,attach supporting documentation. Dwelling Type: Single Family Two Family ❑ . Multi-Family(#units) Age of Existing Structure 3 Historic House: ❑Yes Id No On Old King's Highway: ❑Yes XNo Basement Type: "§Full ❑Crawl ❑W Ikout ❑Other Basement Finished Area(sq.ft.) � Basement Unfinished Area(sq.ft) Number of Baths_ Full:existing P(5x4 0 new _ Half:existing kex.o0 new Number of Bedrooms: existing 12E.AD new 5 Total Room Count(not including baths):existing new First Floor Room Count 0 Heat Type and Fuel:AGas ❑Oil ❑Electric ❑Other Central Air. kes ❑No Fireplaces:Existing !� Q_ New E fisting wood/coal stove: ❑Yes ❑No Detached garage existing ❑new size Pool:❑existing ❑new size N A, Barn:❑existing new size Attached garage:❑existing ❑new size A She4existing El new size Other: N Zoning Board of Appeals Authorization ❑ Appeal# .N q' Recorded❑ Commercial ❑Yes XNo If yes,site plan review# Current Use ��1 f? Proposed Use _('.MJc-E. BUILDER INFORMATION Name OARLS 5�5D4J) I,yC Telephone Number 775 6 S :'Adress %�.S f} �S�j' License# 12/25/1959 10:47508420=115 SULLLIV:,N ENG. It•!c _ PA-GE REFERENCES: Assessors neap: 33 Parcel: 16 ZONE: RF Setback- 7A ,\ Fron t: 30' �- Side: 15' . Rear: 15' o: •A_•v-,f N • 01 1O y W C CU �vr2 Z Oh O Q m LAv 3 44.67 r • Fwa L�n'1�O N Z v New Fouri doticn W O O w , 'sw a� 1 Sty w (Concrete) v O Shed C C ' 2 y L a �' 2 sty Carriage +"�ause r� r/dre!l:ny-over - v"i 73•e' Ik vto N 2037 57- E c�C i U U ll i6 V lJ (4U' wiaa - P✓or;e way) /f�{ (1/l ZSl n, r ~_— �-- — PLOT PLAN tM 04 IN I certify that the foundation a a Shown hereon conforms to the $ �UREUX �^ setback requirer•nents of. the (Cot.uit) VA. Zoning Bylaws of the town n�,7 �D t of Barnstable. & A DATE: 29/DEC199 SCALE: 1"=50 Z �fc/99 0 25 5C 75 100 FEE7 PREPARED By: PREPARED FOR: Sullivan Engineering, Inc_ C aP(9S qV The 8onnybrook Realty Trust PO Box 659 7 Porker Road `/o Beacon Capital Partners UsterviN �a. MA 065.5 4stervi MAlla A 026' � Fader-al Street .55 Boston MA 02110 (508)428-3344 (508)428-3775 taY (508)420-3594 (505)420-1995 :aw DWG l: C369pp7 p$c,rrOE�or.coi++ caoasurv�coVecodnet C ZONING 40A § 6 Note.40 tion of abandonment as.a jurisdictional fact, appeal after remand' 446 N.E.2d 1070, 388 and defendant was not precluded.-from litigating Mass. 1013. that question in subsequent suit enforce zoning by-law. by town to That owner carried on his one-man printing Town of Wayland v. office only in his dwelling did not constitute Lee (1950) 91 N:E.2d 835,:325 Mass. 637, forfeiture of his nonconforming use of barn Under zoning by-law forbidding use of certain prior to adoption of zoning ordinance. Morin realty for industry, trade, manufacturing. or V. Board of Appeals of Leominster (1967) 227 commercial purposes, but not preventing con- N.E.2d 466; 352 Mass. 620. tinued use of any realty for purpose for which it Finding in prior action under zoning ordi- was used at time by-law was adopted, evidence nance between neighboring property owners showing no more than a restricted use of one of and city board of appeals in which landowner sand pits on realty for a few years, coupled with assisted in defense, but exercised no control sale of equipment by wife of operator of pits, did not over conduct of suit,that land had lost its status establish an abandonment, and succes- for nonconforming uses because of discontin- sor in interest to pits.was entitled to make use uance of such for period in excess of one year, of machinery ordinarily- used in such pits. . did not constitute res judicata as to landowner Town of Wayland v. Lee (1950) 91.N.E.2d 835, on question of discontinuance of such uses. Pi- 325 Mass. 637. oneer Insulation&Modernizin Co Under zoning ordinance which provided that L g rp•v. City of any structure in certain zone which at time of Yan (1954) 120 N.E.2d 913, 331 Mass. 560. adoption of ordinance was being used for pur- 39: _ Extinguishment of nonconforming pose not permitted under ordinance might have structures or uses. been continued in such use, finding that build- This section.providing that zoning ordinance ing used for restaurant was not abandoned to or bylaw may define and regulate nonconform- such use,was proper notwithstanding that build- ing uses and structures abandoned or not used i ing was vacant for several years. Paul v. Select- for a period of two years or more autho men of.Scituate rizes Mass. 365, (1938) 17 N.E.2d 193, 301 cities and towns to extinguish otherwise protect- ed nonconforming uses if particular premises I 38• --- are not in fact used for protected purposes for a Discontinuance or nonuse, noncom- minimum of two years. Bartlett v. Board of forming structures or uses Appeals, of Lakeville (App.1987) 505 N.E.2d Mere nonuse or sale of property does not, by , 193,.23 Mass.App.Ct. 664. itself, constitute abandonment of nonconform- Nonconforming use is not extinguished by mg use. Derby Refining Co. v. City of Chelsea transfer of property. Sullivan(1990) 555 N.E.2d 534, 407'Mass. 703. v. Board of Ap- peals of Harwich (1983) 445 N.E.2d 174, 15 Under zoning bylaw allowing.change from Mass.App. 286, review denied 448 N.E.2d 766, one nonconforming use to a different noncon- 388 Mass. 1105.. forming use unless use has been abandoned or In proceeding to compel enforcement of zon- not used for period of two years or more, non- ing ordinance which provided that any struc- H. conforming use:of structure as nursing home ture in a certain zone which at time of adoption could not be converted to nonconforminguse of •4 of ordinance was being used for purpose not ! structure as apartments where property had not permitted under the ordinance might have con- been used as nursing home for more than two tinued in such use,mere nonuse of building as a years. Dawson.v. Board of Appeals of Bourne restaurant would not conclusively have shown (1984) 469 N.E.2d 509, 18 Mass.App. 962. an abandonment in a zone where such use was Under town zoning bylaw to effect that when not permitted after enactment of ordinance. f a nonconforming use has been discontinued for Paul v. Selectmen of Scituate (1938) 17 N.E.2d A `1 period of one year, it shall not be reestablished, 1.93, 301 Mass. 365. ' the word "discontinued" i§ the le al equivalent of 'a an do Cape Resort Hote , Inc. v. 40. automobile service stations co o c icensmg Bd.of Falmouth(1982)431 Board of selectmen's refusal to be bound by N.E.2d 213,385 Mass.205,appeal after remand previous decision of board of appeals, .and its 446 N.E.2d 1070, 388 Mass. 1013. denial of application by muffler shop for license Where lodge had at all times been used for to use structure for its business, which involved commercial housing 'of guests, there was no storage of up to 18 automobiles whose fuel discontinuance of nonconforming use so that tanks contained gasoline,. were not arbitrary, j lodge would lose its protection as nonconform- whimsical or capricious. E.A.D.Realty Corp.v. it ing use.under town zoning bylaw,notwithstand- Board of Selectmen of Shrewsbury (1977) 371 ing change within ownership, Cape Resort N.E.2d 446, 6 Mass.App. 824._ Hotels, Inc. v. Alcoholic Licensing Bd. of Fal- Automobile body repair shop, devoted wholly mouth (1982) 431 N.E.2d 213, 385 Mass. 205, to automobile repairs, was not an "automobile 109 j 3� 1i! ti 40A § 6 CITIES, TOWNS AND DISTRICTS Note 36 that it existed,could be easily remedied. Board Sale of property protected as nonconforming of Selectmen of Wrentham v. Monson (1969) use does not by itself establish an abandonment 247 N.E:2d 364,M5 Mass. 715. of that use.: Cape Resort Hotels, Inc.v.Alco- Valid nonconforming use,under which defen- holic. Licensing Bd. of Falmouth (1982) 431 dants used property for storage and use of trail- N.E.2d 213,385 Mass.205,appeal after remand ers for limited time,was not destroyed by defen- 446 N.E,2d 1070, 388 Mass. 1013. dants'failure to obtain license from local board Entry of owner into service before zoning of health. Board of Selectmen of Wrentham v. ordinance was enacted did not amount to Monson(1969) 247 N.E.2d 364, 355 Mass. 715. "abandonment". of nonconforming use under ordinance. Morin.v. Board of Appeals of Leo- 37. — Abandonment, nonconforming struc- minster (1967) 227 N.E.2d 466,.352 Mass. 620. tares or uses A railroad could not be deemed to have aban- Right to.continue nonconforming use can be doned a nonconforming use in regard to exis- lost if predecessor in title has abandoned use, tence of its line in a certain area,where railroad that is, intended to abandon and engaged in never sought nor received a certificate for aban- voluntary conduct,whether affirmative or nega- donment of its line from the Interstate Com- tive,which carried implication of abandonment. merce Commission, and it did not appear that Derby Refining Co.v.City of Chelsea(1990)555 there was a concurrence of intent to abandon or N.E.2d 534, 407 Mass. 703. any voluntary act carrying the implication of Predecessor's conduct in"mothballing"facili- abandonment. City of Medford v. Marinucci ty, applying for property tax abatement, and Bros: & Co. (1962) 181 N.E.2d 584, 344 Mass. notifying Coast Guard that it no longer untended 50. . to operate deep-water terminal on property did Where zoning ordinance prohibited removal not establish that predecessor "abandoned" of sand and gravel without permit, except in nonconforming use of property,given predeces- connection with building construction, and sor s affirmative steps to market facility as pe- building permit expired by limitation; right to troleum storage terminal;. manner in which remove sand and gravel also terminated and predecessor shut down facility evidenced intent such removal became unlawful,even if no aban- to preserve facility in,good condition for profit- donment of building project was intended. able resale, application for property tax abate- Building Inspector of Chelmsford v. Buxton ment reflected fact that facility was no longer (1962) 179 N.E.2d 229, 343 Mass. 439. producing income for predecessor, and letter to Ordinance did not intend loss of nonconform- Coast Guard was mandated by federal law once ing use.merely-from nonoccupancy; but since predecessor determined it.would close facility owner could by his diligent efforts have had pending sale. Derby Refining Co. v. City of some control over period of vacancy, if he al- Chelsea(1990).555 N.E.2d 534, 407 Mass. 703. lowed an extended time to elapse with only Failure to use two of dwelling units in non- desultory and equivocal action in meantime he conforming use building for a period of more ran risk of sustainable finding of such abandon- than ten years prior to application of building ment and discontinuance as will result in loss of permit to renovate dwelling units constituted an right to nonconforming use. Dobbs v.Board of abandonment and justified denial of grant of Appeals of Northampton(1959) 162 N.E.2d 32, building permit. Bartlett v.Board of Appeals of 339 Mass. 684. Lakeville (App.1987) 505 N.E.2d 193, 23 Mass. To find that nonconforming use under city App.Ct. 664. zoning ordinance- had been "discontinued" Where annex to hotel had been used as dor- there must have been,intent to abandon and mitory for hotel employees and was now used voluntary conduct,whether affirmative or nega- as accommodations for paying guests of hotel, tive,which carried implication of abandonment, prior'.nonconforming use of annex was lost by and lapse of time, although it was evidential, abandonment and current use to house guests was not the controlling factor. Pioneer Insular of hotel was in violation of town zoning bylaws. tion&Modernizing Corp.v.City of Lynn(1954) Cape Resort Hotels, Inc. v. Alcoholic Licensing' 120 N.E.2d 913, 331 Mass. 560. Bd. of Falmouth (1982) 431 'N.E.2d 2.13, 385 Where defendant applied for permit to oper- Mass. 205, appeal after remand 446 N.E.2d ate sand and.gravel pit on land which zoning 1070, 388 Massa 1013. by-law did not permit to.be used for industry or An abandonment of nonconforming use re- commercial_purposes, and board of appeals, sults from concurrence of intent to abandon and after hearing, refused permit on ground that voluntary conduct which carries implication of right to operate pits on land as a nonconform- abandonment. Cape Resort Hotels; Inc. v. : ing use had been lost by abandonment, and Alcoholic Licensing Bd.of Falmouth(1982)431 some of uses sought in applicant's permit were N.E.2d 213,385 Mass.205,appeal after remand outside scope of any existing nonconforming 446 N.E.2d 1070, 388 Mass. 1013. use,board was not required to determine ques- 108 :. � / l t } i 3 1 , TOWN OF BARNSTABLE l Zoning Board *of Appeals M � %,�� w , Application for other Powers LEDJ W r� ca e�tivied �'J d� � For office use onl : C;ko *� k office 4�` Appeal u_ Q Hearing Date {1 J O 00 Decision Due Z The tC7 o 5 signed hereby applies to the Zoning, Board of Appeals for the reasons atg � N Applicant Name: Mark Leventhal , Phone 617-574-1100 Applicant Address: c/o The Beacon Companies, Two Oliver St. , Boston, Massachusetts Property Location: 185 Ocean View Avenue, Cotuit 02109 This is a request for: 1] Enforcement Action Appeal of Administrative officials Decision [ Repetitive Petitions] P [� Appeal from the Zoning Administrator [ ] other General Powers - Please Specify: Please Provide the Following Information (as applicable) : J. Robert Casey & Alan Leventhal, Trustees Property owner: Bonnybrook Realty Trust , Phone Address of owner: c/o Mark Leventhal, The Beacon Companies, Two Oliver St. , Bosun, MA If applicant differs from owner, state nature of interest: 02109 Applicant was named in Cease and Desist Order and is a beneficiary of the trust. Assessors Map/Parcel Number 33/16 . Zoning District RF Groundwater overlay District AP which Section(s) of the Zoning ordinance and/or of MGL Chapter 40A are you appealing to the Zoning Board of Appeals? 3-1.4(5) Bulk Regulations - Setbacks Definitions in Section 7 Existing Level of Development of the Property - Number of Buildings: 1 Present Use(s) : House under construction Gross Floor Area: sq. ft. t Application for Other Powers Nature & Description of Request: Petitioner seeks to overrule the building commissioner in regard to a Cease. and Desist Order issued on July 10, 2001 claiming generator to be a structure which is notAn accordance with the previous rulings in the Town of Barnstable. Petitioner seeks to maintain generator in existing location. Attached separate sheet if needed. is the property located in an Historic District? Yes [] No P9 if yes OKH use Only: Plan Review Number Date Approved is the building, a designated Historic Landmark? No Yes [ ] 6cl If yes Historic Presery -Only: ation Department Use Date Approved Yes [x] No [] Has a building permit been applied for? Yes [] No �] Has the Building Inspector refused a permit? Yes [] No 6,j Has the property been before site Plan Review? For Building Department Use only_ [] Not Required - single Family site Plan. Review Number Date Approved signature: be submit The following information must ay t result in ahe application he denial of your time of filing, failure to supply this may request: Three (3) copies of the completed application form, each with original signatures. Three (3) copies of all attachments as may be required appealstanding n before the Board and for clear understanding o may submit any additional supporting documents to The applicant assist the Board in making its determination. Mark Lew nt a Date: JulYLL, 2001 signature: By: App ° a�br t,s ignature: A 5 Parker Road, P. 0. Box 449 Phone: 508-428-8594 Agent's Address: Osterville, MA 02655 Fax No. 508-420-3162 JUL 16 '01 08:14AM BEACON H2 i MATRIX61�d�II� able P.2 Regulatory Services - Thomas F.Geller,Director Building Division ansrast�, 1 Peter F.DiMatteo, Building Commissioner 367 Main Street, Hyannis,MA 02601 tED � Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violations) and Order to Cease, Desist and Abate: Mr,Mark Leventhal/Beacon Company's, 2 Oliver St.Boston,MA 02109 and all persons having notice of this order. As owner/occupant of the praujhcs/struuturC located at 185 Ocean view Cotuit,MA., assessor's Map 033,Parcel 016,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and a.te ORDERED this date,July 10,2601 to, 1. CEASE AND D1E,615T IEUMMD_IATELY,all functions connected with this violatson on or at the above mentioned premises. SUMMARY OF VIOLATION: 3-1.4:(5)Bulk Regulations: Setbacks in RF Zone are 30'from front and 15'from sides and rear. Section 7 DefYnitious,page 161 structure. 2. COMMENCE within seven(7)days,action to abate this violation. SUMMARY OF ACTION TO ABATE: Move meebadcal systems to comply with zoning setbacks. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by ailing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(speei*ing,the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts QBueral Laws). if,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. By order, Mitchell A.Trott Local Inspector MAT/er certified mail#7000 0520 0021 8281 3711 Q/010710a I JUL 16 101 08:14AM BEACON H2O MATRIX 617 422 0442 P. p Facilities for personal wireless � conercial mobile radio services, unlicensed wireless ,rsona�. y�ireless _Ser�rri�e Fsaili. • exchange. access services as defined ,rvice including ,rvices andrnaeActlOf11996. (Added by vote on 6/3/99 of 99- V the Telecommunicationsvote of 8 yes 1 no) 6 ; 74A by Town Councfl ��, i The term "retail" sha11 not be construed to include I �,tgi3.: Lestaurant. ° distance between a street linctedine dtohtY1erside��.inesnoflthe m etb • e a The Or structure, pro?e ; f a principal building street, front yard setbacks 4 ot, where a lot abuts on more than one hall apply from all streets, of shape Factor) The numerical value resulting from: shape Factor (L ; . n of the square of the perimeter in feet Of a lot by the (a) division area in square feet thereof: or 'E R the perimeter in feet of that portion of a lot sion of area in square feet thereof. (b) divi b the intended ae the site for building Y �) 3ign: See Section 4• 3 herein. ye,�s; A is native, introduced or naturalized treement onlahsite. Any 'pedn rown to be an important ;ugf iciently well g6„ or greater is eligible to ba considered �lowagrowingspecimen tree with a dbh• of Trees, that have a small height at maturity, or tree. witri a dbYr of q„ or larger, . such as a flowering dogwood on item 99-056 are eligible to be cons (Amended. �Y unanimous toll call. vote of Town Counc� on March 11, 1999) included between the upper surface of Story: That portion of a building (Amended 10/'/9 !#94-017 upper st1a building ace of the floor or roof next above and having a flcc�r and the PP its height above grade. at least one-half (1/2) T.council Vote) ork, artificially built Structure: Any, production or P lace of wno or composed of parts and oined together in some definite manner, II inc luding poles, fences and such minor incidental improvements. shelter with a frame supporting a cloth or similar Tent: A temp orary permanent flexible covering, without a fixed location, f.oundation<- or . anchors . sown Cot incf I vote on 2/22/96 as item #95-194 - by a 9 Yes 2 No (Added by , roll ca-11 vote. ) Upland: All lands not defined herein as wetlands . 7UL 16 101 08:15AM BEACON H2O MATRIX 617422 0442 P.4 �y 4) Special. Permit Uses: The following uses are permitted as special permit uses in the RC-1 and RF Districts, provided a .Special. Permit is first obtained .from the Planning Board: A) Open Space Residential Developments subject to the provisions of Section 3-1. 7 herein. 5) Bulk Regulations: ZONING MIN.LOT MZN.LOT MIN.LOT MINIMUM YARD MAXIMUM BLDG. DISTS. AREA FRONTAGE WIDTH SETBACKS IN FT,. HEIGHT IN FT, SQ. FT. IN FT; IN FT. ------=-------- FRONT SIDE REAR RC-1 43560** 1.25 --- 30 # 15 15. 30 * RF 43560** 150 30 # 15 15 30 * * Or two and one-half (2-1 2) stu�ies .whiLhever .i3 lesser_ ** a minimum lot area of 87, 120 square feet is required in RPOD OV'erlay District. (Added by 11 yes roll call vote of ha Town Council on Oct. 26, 2000) # 100 Ft. along Routes .28 and 132 . L 1 r ry ,tn 65 Wit ` \ j tns3 43 33 W�- _ 7 d�W \ t 133 4,1 MW33 >3o �m W19 y3� n. 65 (t N #2D AV 33 a2ia ; Awn 77 AWn CROSS W STREET 1 a� iW33 im YW33 WP33 33 7 3w33 as mop t ttio t \ S STREET o Awn � t3 tffi jWm .' 7 W133 1� 1 W8 303 19-22--/ W►n flans Wea NW33 Appeal#2001-115 N MAP"-033 PARCEL 01- 6 w e LEVENTHAL S SCALE: 1"=200' Cotuit *NOTE: Planimetriq topography,and **NOTE:The parcel lines are only graphic representations DATA SOURCES: Planimetics(man-made features)were interpreted from 1995 aerial photographs by The James vegetation vrere mapp�to meet National of property boundaries. They are not true locations,and W.Sewall Company.Topography and vegetation were interpreted from 1989 aerial photographs by GEOD Map Accuracy Standards at a scale of do not represent actual relationships to physical objects Corporation. Planimetrics,topography,and vegetation were mopped to meet National Map Accuracy Standards V=100'. on the map. of a scale of 1"=100'. Parcel lines were digitized from 2000 Town of Barnstable Assessors tax maps. p:\microbeth\zoning\033-016.dgn 09/11/2001 09:10:22 AM Property Location: 185 OCEAN VIEW AVENUE MAP ID: 033/016/ Vision ID: 2084 Other ID: Bldg#: I Card 1 of 2 Print Date:09/11/2001 10:34 ..Fes£« `,�„�� ��_c ;: . , 1�7"OWtV� � � a ., �=� ' . r 2 ��' �, ` nv e. h�: `�` rs• • C SEY,J OB RT&L THE BEACON RS 1 Level Public Wate:l aved Waterfront Description u' R Code A raised Value Assessed Value 2 as 1.Excel View S LAND 1010 2,184,000 2,184,000 OLIVERSTON, ST SIDNTL 1010 193,800 193,800 801 OSTON,MA 02109 eptic SIDNTL 1010 15,100 15,100 Barnstable 2001,MA Additional Owners: Account# 19321 Plan Ref. Tax Dist. 200 Land Ct# er.Prop. #SR Life Estate VISION DL 1 Notes: DC 8569/146 DL2 GIS ID. Total 2,392,900 �� IZECU Q,1 a: 2,392,900 OEM CASEY,J ROBERT&LEVENTHAL,A TRS 12108/138 03/05/1999 U I 3,390,000 10 Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code » Assessed Value HITCOMB,PEMBERTON 2148/ 83 Q 0 2000 TO10 889,200 999 1010 889,300 998 1010 , 00 ,3 HITCOMB,PEMBERTON DTH C U I 1 A 2000 1010 353,600 999 1010 352,000 998 1010 889 88900 2000 1010 1,100 999 1010 1,100 998 1010 1,100 »3 r Q of 1,243,900 Total: 1242 400 Total: 1 229 300 T al: T1Oo '' ', This ignature acknowledges a visit by a Data Collector or Assessor Year Type/Descri tion Amount Code Description Number Amount Comm.Int. PIONs� Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 Total raise OB L Value(Bldg) , '_, � ..•. _y .._ �, E .;: praised Land Value(Bldg)p 13,500 Ap ) 2,184,000 »RECHECK V YU2 Special Land Value Total Appraised Card Value 2,197,500 Total Appraised Parcel Value 2,392,900 FOUNDATION ONLY 1/1/00 Valuation Method: Cost/Market Valuation DELETE PREV STRUCTURE M n e Total Appraised Parcel Value 2,392,900 0 11 Ulu Permit ID Issue Date Type Description Amount Insp.Date % Pur ose/Result Gom . Date Com . » Comments Date IDS Cd.40438 8/3/1999 DE Demolish 1,350,000 1/1/2000 11/13/2000 JG . 03 ata Mailer 37031 3/11/1999 RE emgdel/Renov 300,000 1/1/2000 100 1/1/2000 3/23/2000 MF 02 ea./List Bldg Permit On B25024 5/1/1983 0 1/15/1984 100 CO 2 ST B24868 3/1/1983 0 000 BLDG 10/15/1985 FR Use Code Description Zone D Fronta a I.Depth Units Unit Price Factor S.I. C.Factor Nbad. Ad' 1 1010 . Notes-Ad YS ecial Pri'cm Ad. Unit Price Land Value 1 Ingle Fam RF 2 2 1.56 AC 95,000.00 1 00 5 1.00 07WA 7.00 PCL(1.,U15)Notes:SITE 1,400,000.00 2,184,000 'Total Card L nd_ T a Units 1.56 AC Parcel Total Land Area: 1.56 AC Total Land Valu 2,184,000 Property Location: 185 OCEAN VIEW AVENUE MAP ID: 033/016/% Vision ID:2084 Other ID: r �.. y Bldg 11/20 0110 .< K 9/ N $__ B # 1 Card o 2 rant ate Element Cd. Ch. Description Commercial Data Elements tyle/Type 4 utbuildings Element Cd. Ch. Description odel 0 acant eat&AC rade rame Type aths/Plumbing trses anc eiling/Wall o p y ooms/Prtns xierior Wall 1 /o Common Wall 2 all Height oof Structure oof Cover nterior Wall 1 lement ode escription actor 2 omplex nterior Floor 1 loor Adj 2 nit Location eating Fuel umber of Units eating Type umber of Levels C Type /o Ownership edrooms athrooms otal Rooms nadj.Base Rate 21.00 ize Adj.Factor 0.00000 ath Type Grade(Q)Index 0.00 itchen Style dj.Base Rate 0.00 Idg.Value New 0 ear Built 0 ff.Year Built 0 rml Physcl Dep 0 uncnlObslnc 0 0 Percen pecl.Cond.Code 1010 Ingle Fam 100 peel Cond% verall%Cond. 0 eprec.Bldg Value " Code Descri tion LIB I Units I Unit Price Yr. DP Rt %Cnd Apr. Value SHED hed L 1312 8.00 1940 1 100 1,000 FND oundation L 1 12,500.00 1999 0 100 12,500 Code Description Livin Area Gross Area E .Area I Unit Cost Unde ree. Value h Ttl. Gross Liv Lease Area 0 01 0 Bld Val.; Property Location: 185 OCEAN VIEW AVENUE MAP ID: 033/016/ Vision ID 2084 Other ID: Bldg#: 2 Card 2 of 2 Print Date:09/11/2001 10:34 ME—. 0 ASEY,J ROBER1,&LEVENTHAL,A TRS 1 Level ublic Wate Paved 7 Faterfront Description Code APPraised Value Assessed Value %LEVENTHAL,MARK-THE BEACON as 2 xcel View S LAND 1010 2,184,000 2,184,000 801 OLIVER ST. e tic SIDNTL 1010 193,800 193,800 OSTON,MA 02109 p _ _ SIDNTL 1010 15,100 15,100 Barnstable 2001,MA EE Additional Owners: Account# 19321 Plan Ref. Tax Dist. 200 Land Ct# er.Prop. #SR Life Estate VISION DL 1 Notes: DC 8569/146 DL 2 GIS ID: , , 0 23 2, 00 23 92,900 CASEY,J ROBERT&LEVENTHAL,A TRS 12108/138 03/05/1999 U I 3,390,000 10 Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value HITCOMB,PEMBERTON 2148/ 83 Q 0 2000 1010 889,200 999 1010 889,300 998 1010 889,300 ITCOMB,PEMBERTON DTH C U I 1 A 2000 1010 353,600 999 1010 352,000 1998 1010 338,900 2000 1010 1,100 999 1010 1,100 998 1010 15100 Total: 1243 900 Total: 1242 400 Total: 1 229 300 xa,. _ , � ,. : � . M1', d, ,,, , ,,,.., ' , _ , ,. , , , ro,r ,., " l} • '` , This signature acknowledges a visit by a Data Collector or Assessor Year TvpelDescription Amount Code —Description Number Amount Comm.Int. MUM k Appraised Bldg.Value(Card) 193,800 Total Appraised OB(raised XF )Value Value(Bldg) 1,600 ... .. a.. ,1 ., W �; ': ... ; ' ;; , , Appraised Land Value(Bldg) i Special Land Value ) 0 Total Appraised Card Value 195,400 Total Appraised Parcel Value 2,392,900 Valuation Method: Cost/Market Valuation t Total Appraised Parcel Value 1,392,900 Permit ID Issue Date I Type I Descri tion I Amount Ins .Date %Comp. Date Com . » Comments Date ID Cd. � Puri ose/Result 11/13/2000 JG 03 ata Mailer 3/23/2000 IF 02 ea./List Bldg Permit On 10/15/1985 FR M NOW .2 Use Code Description Zone Frontage—Depth Units Unit Price I.Factor S.I. C.Factor Nbad. Ad'. Notes-Ad YS ectal Pricin _ Ad.io ce Land Value 2 1010 Ingle Fain RF 2 0.01 SF 0.00 1.00 5 1.00 07WA 7.00 PCL(00)Notes: .00 0 Total Card Land Units 0.00 AC Parcel Total Land Area., 1.56 AC Total Land Valu 0 Property Location: 185 OCEAN VIEW AVENUE MAP ID: 033/016/ Vision ID:2084 Other ID: Bldg 2 Card 2 of 2 Print Date: 09/11/200110 7ASSEICH RE 0111-1 11 Element Cd. Ch. Description Commercial Data Elements tyl.e/Type 3 olonial Element Cd. Ch. Description odel I esidential eat&AC 11 ade uxury Grade rame Type aths/Plumbing us 22 3 tories Stories AS ccupancy 0 eiling/Wall MT oms/Prtns xterior Wall 1 14 ood Shingle o Common Wall 2 all Height AS I oof Structure 7 ambrel BMT oof Cover 10 ood Shingle 0 6 nterior Wall 1 3 lastered lement 7ode Pescription ractor 2 omplex 14 1 nterior Floor 1 9 ine/Soft Wood loor Adj 20 2 11 Ceram Clay Til nit Location us 20 2 6 V"eating Fuel 2 Oil umber of Units AR eating Type 4 of Air umber of Levels C Type 3 entral o Ownership 1212 edrooms 4 Bedrooms athrooms Bathrooms 20 10 0 Full nadj.Base Rate 60.00 10 otal Rooms 4 Rooms ize Adj.Factor 0.96904 ath Type rade(Q)Index 1.77 itzhen Style dj.Base Rate 102.91 30 Idg.Value New 258,407 ear Built 1830 ff.Year Built (A)1975 rml Physcl Dep 25 uncril ObsInc 0 0 UM bslnc KI, (-nd,, Dpsirrintinin pecl.Cond.Code 1010 Single Fam 100 pecl Cond% verall%Cond. 75 eprec.Bldg Value 7 V g Code I Description LIB Units Unit Price - Yr. Dp Rt %Cnd Apr. Value GRN2 COMM GLASS L 176 8.00 1930 1 100 400 SHED Shed L .160 8.00 1990 1 100 1,200 E MINE', I a,0111 Code Description LivingArea Gross Area Eff.Area Unit Cost Undeprec. Value BAS First Floor 885 885 885 102.91 91,075 BMT Basement Area 0 885 177 20.58 18,215 FUS Upper Story 4281 1,281 1,281 102.91 131,828 GAR Attached Garage 0 480 168 36.02 17,289 Til. Gross Li-vAease Area 2;1661 3,5311 2,511+R-0—a Val:11 c TOWN OF BARNSTABLE BUILDING PERMIT APP N Map �� Parcel Health Division qq5 __(3 PSG Dts�re Z' I J Conservation Division e �' �$ Fee l Sf d Tax Collect A-P�a Fe r_ � Treasurer Planning Dept. �..,, , � V_ €MST BE N COMPLIANCE Date Definitive Plan Approved by Planning Board N."&v TITLE 5 Historic-OKH Preservation/Hyannis ..".e SAL CODE AND ct Project Street Address 1 v 5 Q c-E;NtJ Vt eul AJ15 Village ODMI o Owner 50 0 P @ c W OK OAL. TK u Address g 5 OC- b id' Telephone es.�.O L5 � Z S S7 a rr Permit Request f 1 Square feet: 1 st floor: existing �(� proposed ��� 2nd floor: existing proposed 'J 4 Total new D Valuation Z 30 q-0 Zoning District Flood Plain ¢ Groundwater Overlay Construction Type bate a r am. Lof'Size �� Grandfathered: ❑Yes MNo If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes No On Old King's Highway: ❑Yes KNo Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other 4- • A f? Basement Finished Area(sq.ft.) /} Basement Unfinished Area(sq.ft) D � Number of Baths: Full: existing V new Half:existing new Number of Bedrooms: existing_ new Total Room Count(not including baths): existing / new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other IYA Central Air: ❑Yes I ❑No Fireplaces: Existing Nff New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑"existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size JY6- Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# AJ (i Recorded❑ Commercial ❑Yes �No If yes, site plan review# _Current,Use Y C t 0 kAJ A kc_:5 tPOu r*�_-Proposed Use U LDF INFORMATION ?� ---�l©' ce- tJ �c � t Name Telephone Number 7 � 4 Address License# = D 2 z�'/ Home Improvement Contractor# ` Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO ✓ '45) SIGNATURE DATE /2 Z ee FOR OFFICIAL USE ONLY PERMIT NO. 3 9 r � DATE ISSUED MAP/PARCF.L.NO. �A ✓ " ' I �5 c. y. v . ADDRESS �C V s �}�;r -YILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME f INSULATION • r'1 FIREPLACE ELECTRICAL: ` ROUGH FINAL- PLUMBING: ROUGH FINAL - GAS: ROUGH FINAL FINAL BUILDING Z !� ►; DATE CLOSED,OUT ASSOCIATION PLAN NO. `r t t 1 I 11 1 11 1 i l . -------------------------- 1,� • 11 1•111_.• �••1.1.1•1 • 19 IN •••1•. 11 . n 1 run • n • nu • •.•-. nn..• �n ul In n u•.•n ul n w n _nl• • _ :. , . 1 I11 _ 1 cola Y•« •Ip �_ 1 :11• •1 •11•�11•I ' JI 11.1• ••/• 11 1 1 1 �1 ' 1 . •• 11 I 1 1 I1 :.. � ... ..:r.,<i .,' .� ,., ....;- :.>9:ii:cx�i.`•'. � J:�';4i� 4�J'?52%i�� F%r:���b ���Q�:��.i�J:;.�'.1�+\�gF»�. .y.,. .:a �O°3, ,`cxd•N C.< 3�C a.;f°5•^.'°"°'a,°mew. '`'A:".<";yo,^,o :C: l ` w a a.:: ��kinY'.ebv2�: ,.X.x» 4�' ea {oi° °`�w�`•`'�`X�✓$ >ac' `iPkl �.coti'c,,:;.sy,.*kr ;;."'.. .•^'2li�!p: �^u:..>. a:n Gam;\ie��.:���� ��'.�rco��r�a,;y.+.^.�Z".iP• . a ...... :,�yGi:�\ b»�','N�o,5f3cA::�k'c:<u.??S',.\ji::. �; ':�yic?.:..�5�•'::•>°.`'e.� .a: .�r amm.MEMO: Sam ME elM mw ••ul ofibbi ■ •1 . / • _ contact persom �:J'"� _ _ _ - __ R t Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for th.-z emplovees. As quoted from the "law", an employee is defined as every person in the service of another under any cost— of hire, —_gress or implied, oral or written. An employer is defined as an individual,partnership, association, corporation or other legal entity, or any two or more a: the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the roc. e: trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of . another who employs persons to do maintenance, construction.or repair wok on such dwelling house or on the grounds cr building appurtenant therzto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local.licensing agency shall witbhoId the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required• Additionally,nrr+ the commonwealth nor any of its political subdivisions shall eater into any contract for the performance of public work unil acceptable evidence of compliance with the insurance regak=c=of this chapter have been presented to the cotzzra=- authority. Applicandmzd=and ts Please fill in the workers' compensation affidavit completely,by r!hwkmg the.boxthat applies to your mpplyiag c�ampaay names,address and phone numbers along with a certificate of h=rm a as all a$dw its may be iasuraatx 8e• Also be sere to sign and submitted to the Depart c t of hukmaW Accidents for c of !' date the affidavit The affidavit should be.retained to the city or tow that the application for the p mn*or license is bang requested,not the Depar==of Industrial Accidcum Should Yon have any questions regarding the"law"or if S-cu are rcgaired to obtain a workers'compensation policy,please cid the Departarrut.atthe ntmtber listed below. City or Towns has ded a space at the bottom of the Please be sure that the affidavit is complete and printed legibly. The Deparmneat prQvi affidavit foryou to fill out is the event the Office of has to contact you regarding the apPlicaru. pl:�se n be sane to fill in the peimitllicense number which will be used as a rcfar. x number. The affidavits may be t- the Departmeut by mail or FAX unless other anaagcmwft have been made. The Office of Investigations would bt1m to thank you in advance for you cooperation and should you have anY T=tons. please do not hesitate to give us a call. -.. . 171 The Deparaneat's address,telephone and fax number. , The Commonwealth Of Massachusetts Department of Industrial Accidents office of invesduadons 600 Washington street Boston,Ma. 02111 fax#: (617) 727-7749 phone #: (617) 727-4900 ext. 406, 409 or 375 e °p IKE l°w The Town of Barnstable + 1ARNSCABI.E • 9 MASS. Regulatory Services `biOlF1639. Thomas F. Geiler, Director Building Division Peter F DlMatteo, g Buildin Commissioner . 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date b� AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. e I x Type of Work: �'�� Y Estimated Cost 3 Address of Work: �OS Owner's Name: Date of Application: I hereby certify that: Registration is not required for the following reason(s): []Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied []Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent ofibe owner: 1 /� p L5 ®�rs o Contractor Name Registration No. Dat OR Date Owner's Name q:forms:Affidav:rev-070601 L - labor qty cost Labor cost Material /sub cost Total 12 dumpster 0 1 $ 450.00 $ - $ 450.00 $ 540.00 41 Foundation posts 0 1 $ 3,000.00 $ - $ 3,000.00 $ 3,600.00 61 Materials 0 1 $ 4,500.00 $ - $ 4,500.00 $ 5,400.00 62 Materials nail allowance 0 1 $ 200.00 $ - $ 200.00 $ 240.00 61.5 Framing 0 $ - $ - $ - $ - Temp materials 0 1 $ - $ - $ 800.00 $ 960.00 Mobilize stock to beach site 8 $ - $ 336.00 $ - $ 336.00 Truck debris up hill to dumpster 12 $ - $ 504.00 $ - $ 504.00 Hand demo old deck 32 $ - $1,344.00 $ - $ 1,344.00 Dismantle 16 $ - $ 672.00 $ - $ 672.00 Relocate 64 $ - $2,688.00 $ - $ 2,688.00 Frame deck 32 $ - $1,344.00 $ - $ 1,344.00 Frame walls, Board sheathing 12 $ - $ 504.00 $ - $ 504.00 frame roof, Board sheathing 8 $ - $ 336.00 $ - $ 336.00 roof trim/cornerboards 4 $ - $ 168.00 $ - $ 168.00 62 interior finish 0 $ $ - $ - $ - Trim windows 4 5 $ - $ 168.00 $ - $ 168.00 hang & case doors 4 5 $ - $ 168.00 $ - $ 168.00 clean up labor 8 $ - $ 336.00 $ - $ 336.00 Benches, shelves 8 $ - $ 336.00 $ - $ 336.00 73 Roof shingle labor 8 3.5 $ - $ 336.00 $ - $ 336.00 74 Side wall labor 20 3.5 $ - $ 840.00 $ - $ 840.00 wire 5 ceiling lights 0 1 $ 55.00 $ - $ 55.00 $ 66.00 5 switches 0 1 $ 55.00 $ - $. 55.00 $ 66.00 weather proof plug/gfi 0 2 $ 95.00 $ - $ 190.00 $ 228.00 30 amp sub panel 0 1 $ 450.00 $ - $ 450.00 $ 540.00 Bath gfi 0 1 $ 95.00 $ - $ 95.00 $ 114.00 $ 21,834.00 Temp Materials $ 960.00 General coonditions $ 540.00 wood. Posts $ 3,600.00 Carpentry labor $ 8,904.00 Carpentry materials $ 5,640.00 Roofing &siding $ 1,176.00 Electrical $ 1,014.00 Estimate total $21,834.00 r Town of Barnstable *Permit# � gyp, Expires 6 months from issue date Regulatory Services Fee MAMSTABM v MAC Thomas F.Geller,Director yj Building Division S /(o`b l 7rv1c� Peter F.DiMatteo, Building Commissioner -PRESS PERMIT 367 Main Street, Hyannis.MA 02601w Office: 508-862-4038 AUG 9 2001 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION TOWN OF BARNSTABLE Not Valid without Red X--Press Imprint Map/parcel Number (3 3 Property Address --------------------- Residential OR ❑Commercial Value of Workf O 00 Owner's Name&Address e 10 5-fg a/tnts -�-Svc f /� l�0/22tS -I-, all l�C_. —Telephone Number_ ��g 77Sr'���7 ,Contractor's Name - . -- � iiome Improvement Contractor License#(if applicable)/a 20 4 -- Construction Supervisor's License#(if applicable) ,7[5fWorkman's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ I am the Homeowner tff I have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy -- Permit Request(check box) ❑ Re-roof(stripping o shingles) ❑Re-roof(no pping. Going over isting layers of roof) ❑ R de Replacement Windows. -Value (maximum.44) Other(specify) _°t ) C GFl&,*-t4- G/uD RT .�j S741A-/ Pet1 $uKi Q?-- 0346 JAW 1 y 4~ 1mfA�awfpt4� *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic.Conservation.etc. Signature Q:F6rms:expmtrg:rev-070601 L i 0 W A rSe1 13 A 8 L E Town of Bar.h9fdb� PM �Op7ME 1p� P "o Regulatory Services BARMN Thomas F.Geiler,Director 1639. 10� Building Divisions{ � Slo Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 PERIYIIT# 07I FEE: SHED REGISTRATION 120 square feet or less Location of shed(address) Village n 01� �ec�IT Tcvtst 6 0 . S- I _ h 4 v Property owner's name Telephone number Size of Shed Map/Parcel# r. Zd0 2 Signature Date Hyannis Main Street Waterfront Historic District? Old King's Highway Historic District Commission jurisdiction? Conservation Commission(signature required) , �• 9 Qi� q5 s�okiN pN PLEASE NOTE: IF YOU ARE WITHIN THE JURISDICTION OF ANY OF THE ABOVE 6� �Su��jvI�vN�, COMMISSIONS,THERE MAY BE A REVIEW PROCESS AND APPLICATION FEE. PLEASE SEE THE APPROPRIATE COMMISSION FOR DETAILS. THIS FORM MUST BE ACCOMPANIED BY A PLOT PLAN 9 68. 1 ' W/F Shed Sketch plan ghowmg (Located 19/JAN/99) Doff House Location 091JAN102 V 0 CapeSury 7 Parker Road Osterville MA 02655 �9 (508)420-3994 (508)420-3995 fox copesurv@copecod.net ` .�� 0 2 4 5 8 12 16 FEE F i` i 9t 1�'i ;;?? F's?4 �14594 i_i 2-1 'fit -?i_i 2 i` �,, !!`� ,,?P 0p THE r • BARVy(ABLF. y MASB '639. �e r,t Cj r , 'Town of Barnstable Zoning Board of Appeals Decision and Notice --_ Appeal 2002-05 - Bonnybrook Realty Trust - Leventhal Appeal of the Building Commissioner N � Denial of a Building Permit for an Accessory Structure. Summary Overruled Buildinc Commissioner Petitioner: Bonnybrook Realty Trust(Mark Leventhal)J. Robert Casey&Alan Leventhal,Trustees Property Address: 185 Ocean View Ave.,Cotuit.MA Nlap/Parcel: Map 033,Parcel 016 Zoning: Residential F&Resource Protection Overlay Districts Background & Review: Appeal 2002-005 is an appeal of the Building Commissioner's October 01, 2001, refusal to issue a building permit for a proposed shed to be placed 3 feet from the side property line. According to the Assessor's Record,the property at issue is a 1.56-acre parcel developed with a 2.5 story 6,975 sq.ft. five-bedroom single-family dwelling built in 1999 The applicant maintains that the removal of a shed - "doll house" - structure during the 1999, redevelopment of the property did not constitute an abandonment of the structure. The statement is made within the application that the " petitioner caused a doll house (shed) to be dismantled for protection and repair while the house construction was going on and now seeks to replace it in the exact same location." - Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on October 29, 2001. An extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened January 09, 2002, at which time the Board found to overrule the decision of the Building Commissioner. Board members deciding this appeal were Daniel M. Creedon, Thomas A. DeRiemer, Jeremy Gilmore, Randolph Childs and Ron S.Jansson. Attorney John Alger represented the applicant. He cited the letter from Mr. Mitchell Trott, Building Inspector, to Mr. Leventhal informing him that the shed could not be rebuilt on the exact non- conforming location on the site from which it was removed. Mr. Trott's letter stated that the stricture removal constituted abandonment. Mr. Alger introduced photos of the dollhouse as it existed and stated that it was'never the intent to abandon the stricture. He noted that the structure had been shown on the March 2, 1999, existing conditions plan submitted with the original house-building permit. Mr. Alger introduced photos showing the structure before being disassembled, in storage, and a section of it reassembled at the site. He noted the structure was built on the ground and has no permanent footings. c� Planning Division-Staff Report He showed the members of the board the "pins" that are used in assembling the panel sections of the stricture. The members of the board and Mr. Alger discussed the question of voluntary discontinuation of a non- conforming structure and if it constitutes abandonment. They reviewed: C Section 4-4.8 of the Zoning Ordinance that states "Any lawful pre-existing nonconforming use or building or structure or use of land which has been (i) abandoned or (ii) not used for 3 years, shall not thereafter be re-established. This section shall not apply in cases of damage or destruction governed by section 4-4.6." and Derby Refining Co. v. Chelsea, 407 Mass. 703, 708-711 (1990) in which the court found that "Loss of the right to continue a non-conforming use will occur if the landowner abandons the use. Abandonment is a question of fact. "The concurrence of... (1) intent to abandon and (2) voluntary conduct ... which carries the implication of abandonment" will constitute abandonment. Surrender of licenses or their renewal may be evidence of intent. Clear indicia of abandonment includes changing property to a conforming use or demolishing buildings." The Board noted that three years had not passed. Mr.Jansson asked the Building Commissioner to comment. He stated that it appears from his files that the request was for new construction, no mention was made that the old structure had been dismantled and was going to be re-assembled. The public was invited to comment and no one spoke in favor or opposition to the appeal. Findings of Fact: At the hearing of January 9, 2002, the Board unanimously made the following findings of fact: 1. Appeal 2002-05 is that of Bonnybrook Realty-Trust (Mark Leventhal)J. Robert Casey & Alan Leventhal, Trustees appealing the October 1, 2001, denial of a building permit for an accessory shed (dollhouse structure). The stricture would be 3 feet from the side property line, within the required side yard setback area. The property is shown on Assessor's Map 033, Parcel 016 and commonly addressed 185 Ocean View Ave., Cotuit, MA in a Residential F Zoning District and a Resource protection Overlay District. 2. Sometime in 1999, in conjunction with the redevelopment of the subject lots, a single story structure referred to as a "dollhouse" was dismantled and stored on site. Evidence that it was deliberately dismantled and stored on site has been submitted to the Board. 3. Section 44.8 of the Zoning Ordinance states that "Any lawful pre-existing nonconforming use or building or structure or use.of land which has been (i) abandoned or (u) not used for 3 years, shall not thereafter be re-established." It.has not been three years since the structure was.disassembled. Z L . I Planning Division-Staff Report 4. There has not been shoR-n any intent to abandon. The applicant has demonstrated that it was his intent to protect the stricture during redevelopment, which is considered evidence of the applicants intent not to abandon the non-conforming aspect of this structure. Decision: Based on the findings of fact, a motion R,as duly made and seconded to overnile the Decision of the Building Commissioner and set aside the denial of the building permit and to allow the structure to be reassembled on its previous location on the property. The vote was as follows: AYE: Daniel M. Creedon, Thomas A. DeRiemer,Jeremy Gilmore, Randolph Childs and Ron S. Jansson NAY: None Ordered: Appeal 2002-05 has overruled the decision of the Building Commissioner. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Ron S. anss n, Chairman Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty.(20) days have elapsed since the Zoning Board of Appeals filed thhis decision and that no appeal of the decision has�b'een filed in the office of the Town Clerk. /�: , 'i�C`"� under the ems and en .hies of er ur Signed and sealed this j day of ' F f pains p p y. Linda Hutchenrider, Town Clerk 3 TOWN OF BARNSTABLE Zoning Board of Appeals Application for other Powers Date Received For office use only: Town clerk office Appeal Hearing Date Decision Due The undersigned hereby applies to the Zoning Board of Appeals for the reasons indicated: Applicant Name: Bonnybrook Realty Trust (Mark Leventhal hone Robert Casey & Alan Leventhal, Trustees Applicant Address: ,c/o Beacon Capital Partners, One Federal Street, Boston, MA 02110. Property Location:, 185; Ocean View Avenue, Cotuit This is a request for: [ ] Enforcement Action [ ) Appeal of Administrative officials Decision [ ] Repetitive Petitions pq Appeal from the Zoning Administrator [ ) other General Powers - Please specify: Please Provide the Following Information (as applicable) : Property Owner: . Bonnybrook Realty Trust , Phone J. Robert Casey & Alan Leventhal, Trustees Address of Owner: c/o beacon Capital Partnarc- nnp Federal Street, Rnctnn, NIA 0?110 If applicant differs from owner, state nature of interest: Assessors Hap/Parcel Number 33/16 .' zoning District RF Groundwater Overlay District AP which Section(s) of the` Zoning Ordinance and/or of MGL, chapter .40A are you appealing to the .Zoning Board of Appeals? Section 4-4.8 Abandonment Section 3-1.4(5) Bulk Regulations - Existing Level of Develo=ent of the Property - Number of Buildings: 1 Present Use(s) : Rouse under construction Gross Floor Area: _ sq. ft. Application for other Powers Nature & Description of Request: In connection with the construction of a new - dwelling on the property at 187 Ocean View Avenue your petitioner caused a doll house (shed) to be dismantled for protection and repair while the house construction was going on and now seeks to replace it in the exact same location. There never was an intention to abandon and there never was abandonment. Attached separate sheet if needed. Is the property located in an Historic District? Yes [ ) No [x] If yes 0KH Use only: Plan Review Number Date Approved is the building a designated Historic.Landmark? - Yes [ ] No [ if yes Historic Preservation Department Use Only: Date Approved Has a building permit been applied for? Yes [)I - No [ ) Has the Building Inspector .refused a permit? Yes Eel No [j Has the property been before Site Plan Review?, Yes [ ] No For .Buildina Department Use only: Not Required - Single Family [ ) site Plan Review Number Date Approved Signature: The following information must be submitted with the .application "at the time of filing, failure to supply this may result in a.,denial of your request: Three (3) copies of the completed application form, each with original signatures. . Three (3), copies of, all attachments as may be required for standing before the Board and for clear understanding of your appeal. The applicant may submit any additional supporting documents to assist the, Board in making its determination. _+ Bonnybrook Realty Trust Signature: Bv: ',Date: t October 29, 2001 Applicant or Agent's signature: John R. Alger Agent's Address: 5 Parker Rd. , .P. 0. Boy: 449 _ Phone:. 508=428-8594 Osterville, PSA 02655 Fax No. 508-420-3162 I 1V29101' 1Cj\ `10:19 FAX 508 775 7877 EB Z002 PAGE G.L Town of Bamstble w Regulatory Semees =a nom2s' F. Geller,DirectOT Buildincr Division Peter F, DI, 12neo Budding Commissioner 367 Maim Suet, Hyannis,MA 02601 L1hce: �G�-od2-C'J3S . fin::: SGE79U-6230 dctobet 1,200: 185 Ocean Stawt Cotuit,YLA. 02635 Dcar RLr.1.--v:ntaal: I must deny tha shad registration for 185 Ocean view berawe the location shown vn site plants shows the shed 3' from the lot line'. Zoning Ordmanres section 3-1.4(5)Bulk Regulations shows that you mu.-s t have a minimum of 30' front and 15' side and rc:r setbacks from your lot lines: It's sty tmd-rsranding tit this shed was Iocaied in the same spot shoran on the site plan but was voluntarily removed when demolition started on the dwelling. Removal of the Shed at that time Constitutes 8Ibzndo=e>:t,non-use section.44.8 in the Zoning Ordinwices. To place the shed as shown on the site plan would require a Variance from size Zorirg Board of Appeals. If you have any questions. please feel free to contact me. Sincerely, Mitchell Tmtz Local haspector Q01 100 TOWN OF BAR :,STABLE BUILDING PERMIT APPLICATION Map Parcel Permit# Jam® 7 Health Division Date Issued 1 ®. Conservation Division -3,611J,.5 "'tO o Fee 4f�K.5-0 Tax Collector ' :�+�, SEPTIC SYSTEM MUST®E INSTALLED IN COMPLIANCE Treasurer ,` WITH TITLE 5 Planning De t. �e _ ''cam �� /������� EI�l4IRCN�4t`IENTAL AND Date Definitive Plan Approved by Planning Board t Historic-OKH Preservation/Hyannis Project Street Address Village Owner NeW e dress . Telephone 4-21-3 � Permit Requests� 1 f r»" P Square f t: 1 st floor: existing proposed 2nd floor: existing proposed Total new Valuation �— Zoning District Flood Plain Groundwater Overlay Construction Type__t l MVe72 TI-2 XII-19' . Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. t . Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes 0 No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑Full ❑Crawl ❑Walkout—'0 Other Basement Finished Area(sq.ft.) ' Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage:0 existing ❑new size Pool: ❑existing ❑new size Barn: 0 existing ❑new size Attached garage:❑existing ❑new size Shed:'❑existing 0 new, size Other: � �(��zQtft)tl Zoning Board of Appeals Authorization ❑ Appeal# Recorded 0 Commercial ❑Yes �&No If yes, site plan review# Current Use �� ''��� Proposed Use (-L tl BUILDER INFORMATION Name lJ � � I Telephone Number Address License# CYZZI f T d 27,&0 Home Improvement Contractor# Worker's Compensation ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 1 � SIGNATURE DATE J� D� J40 u f FOR OFFICIAL USE ONLY , PERMIT NO. _ - r DATE ISSUED �$ -MAR/PARCEL NO. - V ADDRESS VILLAGE t OWNER �". i � '• -- '. t - G DATE OF INSPECTION: FOUNDATION WWA FRAMEM INSULATION FIREPLACE ELECTRICAL: ROUGH-, FINAL PLUMBING: ROUGH; FINAL ` GAS: ROUG FINAL ` FINAL BUILDING ' DATE CLOSED OUT. ' ASSOCIATION PLAN NO -1 ✓/rr, '(��arrr•nra�xuiea l� n ,�rdsac/i�i�eG'a BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number: CS 068433 Birthdate: 06/10/1955 Expires:06/10/2002 Tr.no: 26808 Restricted To: 00 GEORGE R GILLMORE PO BOX 940 COTUIT, MA 02635 Administrator �ee �'o�,r�,w�tuiealU o�✓f�aaric�urfeCla HOME IMPROVEMENT CONTRACTOR Registration 123494 Type - PRIVATE CORPORATION Expiration 02/26/01 Gillmore Marine Contracting, �ge R. Gillmore ADMINISTRATOR Bowdoin Rd Mashpee MA 02649 GF THE T 1 - - �' The Town of Barnstable i &tIiNSTABI.E. '•' '71'''rF 059. ► � Regulatory Services Thomas F. Geiler, Director Building Division Elbert Ulshoeffer, Building Commissioner 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied P building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. ' r- Type of Work: � V t� 1 J �% Estimated Costs _-Ov Address of Work: Z,)e? Owner's Name:Date of Application: A/zn/ I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 []Building not owner-occupied ❑Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the aged of the owner: Da a Contractor Name Registration No. OR Date Owner's Name q:forms:Afdav • �/J T • 1 1 11 1 1 1 1 I I r 1 . 11 i. • 1 a .q . 11 1 . •. 11 fill •- • • • 1 • • 111•�11 • • 1 • 11 111• • - •. --- 1_ . 1 1 •. - gxgl:gs: rf K 1 1 1 1 ■ 11 • • •• • � JI � 1 1 1 1 • 1 1 11 LI " 1 � ✓� 1 1 • 1 1 �• 1 � r• 1 • • �• • • • ••1• I . 1 � • • •• 1 .•• �, :1 W 111•AI • • 1 •• rw el n l 1 1 u I 1 1 f a Emil Wo- WN u u r 1 is f l I l r • Ir 1 .+ u r. 1 r .rr 1 • 1 •u: of ���. 05 5 '1•n rwritethbareacompleteda r li pernn rJ• f 1 city or town: -OUcewing Board • it Deparbutnt • ------------ .. ........-:�...-.o:..- �...-.c: -- .:::. aIIII . . i to -■ ■ •I11 1 - 1 . / . - I11�. �t . .I • t - - . 1. 1 11. 1 ••Q 1 - .. . 111• 4• . • :1I 1 - • • • • ' �11 'X• '�1 1 • II �111 - • 1 1 1 •FIT--- 1 - - • �•.�•/•1••. • :.� • • 1 �111 • • • I • • komief1 • MOP,be 11 A 1 • • • •/ • • / 'Y, i1111 :11111 • 11 • :♦1.1• • • • - :.1 / • • t a • • • 1 • 1 • • 1 • 1 • II • • 1 _ • •• �I.1 1 • • 1 • :.,.Y • t �Ilt • 11 • • 11 • 1 / ' I• 1• • 1• 1�1 1 • �I/tl• • ■�1 •It • •• 11 111 III 1 •11 ■ M■ •II • • • t. •II 1 • • 1 ' 1 • • •1I • J • 1•• • • 11 • • • �1I •1 1�f • I 1• ■ - «: • I :•11111 • 11 w11 ■ •�••,tl�• • 1 1 :1111■ • �1 1 • :1. • •11 • Y.1 ti •1 .1 1 1 1 1 ' 1 ( 1 1 1 I 1 1 1 1 1 I 1 11 1 1 1 1 1 � 1 1 1 1 I M I 1 1 J. 1 •1 1 11 11 1 1 1 1 ' 1 1 1 1 I I Ii Niels 1 fjkl1 1 1 1 1 11 1 t 1 1 1 1 1 1 1 • 11■t�1 om IffellWiwal 1 / 1 •) .1/ • Iw •• 11 •• Y •11 1 :1111�1 111 • ,11 r•111• • 1 • • 1I 1 • • • • • ■, 1.1■ • Y. • •a1 • •1/11• 1 r' II II 11 11 ,1• �• 111 :,11 �Illw • II 1 ./■ Ia 1 •.•w1 • �.=111 �• • 1 •It11 ••• I t•It ' • 1 1 w � � I 11 11 "• ■, a r■11111�11 W.1■ •11 iI • 1 •11/11 ii l' / • 1 L ,�11 • 11 •1 II .1 .1• • �•. • • 11 '11/1 .1• •II •11• 111 • it • •1111/ .11 1 ,1// . 11 .11 • • 1 •II 11111• •:•/ ■II ! •1 r.•1 •1• W.1 • 11 1 .11 r' I ■■ • k w 11 I /111111/w.• 1• 11 1 • 111 N•/1 •) Wall ■ P1M •�111•. •1 r•IIIII.11 ,1■ /11 • 11 11 .1/r r■ I 1 I 1 �1 1 1 1 11 II 1 : 1 .■ 1 • I 1 ■ I 1 1 IIII1_1 I• II MI �'I • • " 1 II .1 II .t/ 1 M:11 •II I• 11 •••1t IIII 11 :11 1:111 • _• 1 r 1�• 1 I 1/ 1 . 111 =,/1 .) 1 111 .. M I:A 11w 11 • ( . . 1 1 ' - .11 ' 1 1 :.� . .�1 •1: Iul • u • _• 111 -• /• • 1 ✓• 11 " 11 L•-/ r•11111�1 Y.1• •II I • 1 ►': I 11 1 �1• It1-,11 .1 •1 111111 1 a 1�1 ■ • ' 1 1 1 :+. 1 /1 11 ,1 11 t• • 1 •11111 I- .11 1 • 1111�• �.'J 1 1 1 • 11/�,/1 1 1 • 1�• / .1 11 - •• •I11 • 1 1 ■• / 1 •I • I• III • 11 11 II till II a ■• • 1 'r ■ •Y.1• •II 1 /• r•i11 Y. '• 1 J: •111 • 11 ,1• • w.111 1 1 11 1• III 11 I/ 1�111/11 �1I 1111/1 •�1 1 t I 1 - _1 -•1�♦ �11 111111 1 1 ■■ • ►. IIY. • •11•t�• II 1 1 •II -111 1 • 11 •) 11 • 11�/ .11 • -1/1 Nllw 1 /�:♦1 11 1 1 e t■ • 1 • •I:1• •II • 1 1 • 11 .11 • 11 1 ' ,11 r • • • 1 •• •�f .11 •II 1 • 1 • 1 • / •11 1 w ••1 1 1 - • ••1 11/1 ••1 ... • 1 •II 1 • Y• 11 111 •a 1 1 11 11 1 1 1 e 1 w 1 1 1 I 1 1 1 1 1 ' I 1 1 1 1 fill - It : 1 II I 1 1 III 1 • ' II 11 I ' I rN' 1 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 0 3 Parcel d w Permit# S5,g qn Health Division Date Issued Conservation Di isioh �� � O� Mv�� � Tax Coll e or C �..D 4 Treasurer - TEM MUST 13E COMPLAQN IANCE Planning Planning De t. `^_T-147,1TITLE 5 Date Definitive Plan Approved by Planning Board `•"` .d ".� ED4 Tit! CODE AND j Historic-OKH Preservation/Hyannis /U Project Street Address A Village Q '7T� Owner Address � Telephone �b'�� Permit Request Co"tS T Aa C T /ap-ACC: /97' 74/0n77Y Pwe)PZ&7 � Nc� >16()° Fr?®,�j 4©r C?F hfinik Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Valuation e o-d Zoning District Flood Plain Groundwater Overlay Construction Type 6,)6 Lot Size Grandfathered: ❑Yes C)(No If yes, attach supporting documentation. l4 Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Al .o-- Historic House: ❑Yes Flo On Old King's Highway: ❑Yes 5tNo Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other /A.���4 Basement Finished Area(sq.ft.) iU A Basement Unfinished Area(sq.ft) Number of Baths: Full: existing , I new Half:existing new Number of Bedrooms: existing 1v new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Exis ing New l" Existing wood/coal stove: ❑Yes Cl No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:Cl existing ❑new size Attached garage:❑existing ❑new size AW Shed:Cl existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# -� Recorded❑ Commercial ❑Yes XNo If yes,site plan review Current Use Proposed Use Ram P6;_X3Tl44-- &__VCt5__ BUILDER INFORMATION Name D RIMS v soJ , /1JG Telephone Number Address A 9)5— SE/� s� License# 1tV,± Home Improvement Contractor# LO Worker's Compensation# oe D 6z6 7 4— ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE _ DATE f' FOR OFFICIAL USE ONLY, gERMIT NO. „ ` DATE ISSUED _ MAP/PARCEL NO ADDRESS VILLAGE, '. OWNER x, Olt r i4 V DATE OF INSPECTION:, P � FOUNDATION - ' FRAME INSULATION ' R- FIREPLACE ELECTRICAL: ROUGH -FINAL PLUMBING: ROUGH FINAL '{• �,z _ ' GAS: ROUGH FINAL i i FINAL BUILDING '�`-bb-0 ` DATE CLOSED OUT 1 ASSOCIATION PLAN NO. { t • ,s , Rwd .� rOD r ., .. .., cz � OD CD CO ' r �;i ■�� s ■ �i��/r■,��r��;r=�����:ryi�� ;r�� ��i���� r���a�� � a � rq�r�,����i�i,� ����$�; �= �e���e�e��'g����e�as:■ls.� i�i�+.es�r.r�i ,t��,i s,��s;a �,e a�s��,��s�.. �..�t..r �_� •r, I p " , P f ' w _ r s x L s .'t-.i� '. Town of Barnstable = _ *Permrt# _ Expires 6 months from issue date BMtNSTABLE, : Regulatory Services Fee 0,3 MASS. 163`A. 1�� Thomas F.Geiler,Director ArEo A (Old al Building Division l% �6710 Elbert C Ulshoeffer,Jr. Building Commissioner lv�o�7/01 04- .367 Main Street, Hyannis,MA 02601w Office: 508-862-4038 Fax: 508-790-6230 i Sv1 zV _ EXPRESS PERMIT APPLICATION Not Valid without Red X--PressImprint ,XNPRESS PERMIT Map/parcel Number © 3 Property Address jag (0cat3 I -� � E� r UN 2 9 20001 �UI ❑ TOW F MRTABLE Residential OR Commercial Value of Work Owner's Name&Address `"` 4 f�ik� Lai u-,-l 4xL L �T Contractor's Name FS reatt� C.�A C Telephone Number 7 �-S�7 ' Horiie Improvement Contractor License#'(if applicable) C> Q LF Construction Supervisor's License#(if applicable) f9 1 S 1 ❑Workman's Compensation Insurance Check one: �3 ❑ I am a sole proprietor ❑ I am the Homeowner I have Workers Compensation Insurance Insurance Company Name 3 iff/A S'CE,Z.9-� a�Si9 �=y Workman's Comp.Policy# O p got)-7 Permit Request(check box) I I Q� ❑ Re-roof(stripping old shingles) ❑Re-roof(not stripping. Going over existing layers of roof) � �` ❑ Re-side ❑ Replacement Windows. U-Value (maximum.44) Other(specify) S *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. Signature expmtrg 1 REFERENCES: Asses.5ors Mop: 33 Parcel. 16 ZONE: Pr Setvocks: d " Fron t: 30' Side: 75' Rear: 15' a A L 4 s Lf] 18.14'07- W \oN rn,� •fi el MdrY > m Iva Foundotiorr w v d O o LCI " � 1 St w (Goacrete) S U C 0 .Stied/ C C vs ,r 16_5A 1-� 2 Sty W'F Q �-Q . Coma y. a�rJse - r..r ^- ^ 7J.f5 N ^ 0 F=' 722.47• rp �) /N 2031.57- E 125.3j' o r_ N s lJl% (4U• w•ae - Puor;c Wuy) Q V w -- PLt)T FLAN `w ps IN I certify that the foUndation II1 uVS'FA° o FLshown hereon conforms to the C.otuit 0 L)4eUREUX setback requirements or the �1 � %a.SA312o Zon;ricg Bylaws of the town �o A t of Sor•nstable. (rW rt/,1Q DA TE. 29/DEC199 SCALE: 1 Z! OE O 25 50 75 1ou 0" FE PREPARED BY: PREPARED FOR: Su11W, En ineerin Inc_ The o ok Re rust g g+ - _ c./o Beacon Cupito�lPart ers. . F'U `Box '659 -_ 1 Feder I Street _ - T Porker R.o ad .. `c Tlsfcrvrlle. MSA. 01o5S Q.Sferyil/e MA _02655Boston MA 0217.0- . . (_SU8}a'A-33�4.-'(SUtl)s2" 3Y1.5 nor (SUBJ420-3994n 503)•420 3995C36`3/7p1.- r- - _.- ._„- co0es�rvOrvpecoO:net - E Nqz.: _.x .... 6. i' _- : Town oBarnstable perm�t#- - Expires 6 months from issue date ah,axsr,►BM : Regulatory Services Fee ass Thomas F.Geiler,Director 9 1639- Building Division L. Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601w Office: 508-862-4038 Fax: 508-790-62:30 Sv1�V EXPRESS PERMIT APPLICATION Not Valid without Red X-Press Imprint Map/parcel Number 432./oa, , Property Address 199 o c ea ha v l Gv k\1 e- 00T01T Residential OR Commercial Value of Work J 9 oz 5�,p Owner's Name&Address A., is Lei,U-0-yl"L Contractor's Name , p o rea f t�, s �L l >i C_ Telephone Number '7 7 5 ©`t-S 7 Home Improvement Contractor License#(if applicable) 0 Z © ( L+ Construction Supervisor's License#(if applicable) E]Workman's Compensation Insurance Check one: I am a sole proprietor I am the Homeowner PI have Worker's Compensation Insurance Insurance Company Name f�A S-Ma 13 0—Q 5j k_L,T y s� Workman's Comp.Policy# W G O O g'y'7 4 Permit Request(check box) ?.e-roof(stripping old shingles) Re-roof(not stripping. Going over existing layers of roof) Re-side Replacement Windows. U-Value (maximum.44) Other(specify) r�t�LL S � � i *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conseivation,etc. Signature expmtrg - The Town of Barnstable `� • .naivsresLe. • 94, ' g Regulatory Services . Thomas F. Geiler, Director Building Division Ralph Crossen, Building Commissioner 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Fax:• 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW' SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied . building containing at least one but not more thanfour dwelling units or to structures which are adjacent to such residence.or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: -%eLult> •' Estimated Cost ar:�Q�Pzo Address of Work: 185 : o cel&_X�y(C=u) {i L On)`Zr j C Owner's Name: . 1.3W Date of Application: Z I hereby certify that: Registration is not required.for the following reason(s):. []Work excluded by law E]Job Under$1,000 ❑Building not owner-occupied []Owner pulling own permit . Notice is hereby given that: OWNERS PULLING THEIROWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR•GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby appl for a permit as the nt of the o r: A in Date Contractor Name Registration No. OR v Date Owner's Name q:forms:A ffidav f SKYLIGHT 1PTER /LAS BLUEBO.W/ II// r^-I IIII U U R38C BAIT INSUL. Rsnere ASSOCiatHs Inc. IN ROOF RAFTERS 12 (TYP.) CEILING L OPENIN AT �� BEYOND SKYLIGHT 12 348 Street Boston,MA 02210 12 0 7 (617)542-2111 6� m ATTIC A211 FAX 542-2/18 CONSULTANTS SIM. Q RECESSED A2D BOOKSHELF i 3 �0 j (GUARD)/U )CABLE A211 b II i = DESIGN ARCH TRELLACE n I� C�a N ��m STEEL BEAM 15 SEE STRUCT. WGS. l I SLOPE GRAIN TYP. L NC RO 0 A501 PPE 1'YIN. FSIM. 1.4 WHITE �'VM� o r CEDAR SOFFIT 99005 BOARDS(TYP.) OQ t _W,Qeo� GRANITE �TE JJP/RMR GRANITE 9-9-99 BEYOND BRICK TERRACE &ATTIC CLNG.9-14-99 CONSTRUCnON 11-t-99 1 R38C INSUL.AT 1 _ _ _ A502 FIRST FLOOR GENERAL ISSUE 2-3-00 Sim. B GENERAL ISSUE 5-10-00 BASEMENT A50 REV 7 7-14-00 36'-0' 2'STYROFGAM INSULATION TOP OF FOOTING TO GRADE ADHEAR TO FOUNDATION WALL TYP. M10J 185 OCEAN BUILDING SECTION 2 VIEW 1/4-. 1'-0• 2.3'.a 12'D.C. DRIVE IT LFE- 46_-6- _ °iMS TYP. XT RIOR WA WHITE CEDAR SLANGLES SOUARED AND REBUTTED (2)2.6 •rf" (2)2.6'S O 8'-0'O.C. ' 1/2'COX PLYWOOD SHEATHING COTUIT,MA •2.6 STUDS O 16'O.C. (4I 2.3'S AT EACH r IT •6' R21 FIBERGLASS BATT INSULATION rP0O5STr `r 6' •6 MIL POLY VAPOR BARRIER C ' I/2'BLUE BOARD t PIASTER TYPICAL FLOOR ANSTRI I(nnA BRICK PAVERS 'I 1 'FINISH FLOOR AS NOTED ON PLAN - twAtr�C i •3/4•COX PLYWOOD SUBFLOOR GLUED R NAILED 2.8 4 Ai EACH POST) SEE VIEW SECTIONS •JOISTS: REFER TO FRAYING PLANS 2.6 EDGE BIDS. .�<,R30 FlBERClASS BATi INSULATIONAND _ •'::�• EE LEAVE AIR SPACE BETWEEN RADIANT TUBING DETAILS ��I AND FACE OF INSULATION 7'-0' OR AS PER MANUFACTURER'S INSTRUCnONS -�.• ZL •6 Yll POLY VAPOR BARRIER SECTION AT nmuACE A 'SUSPENDED GYP.80.CEILING KUE ' 1/2'BLUE80ARO AND PLASTER 1/2*.V-O' 1 ~ '"^ s 41a. � BOARD EDGE 1 `�( ... J.. y-•` .. GRL75 / '1 t v LED(iF - (' 1 2.3 210 aCON$TRUCTION 1 • ..x . . , It�' .C!)1711111177 H�cir 111t"ref. fas sQch uscrrs , -. - Deparrmcnl of IndustrialAccidems 01/Iced/I9ativns 600 Mulii i-ion Slrcct �?E: \ •'':'''• Bavon,Af= 02I11 _ Workers' Compensation Insurance AfTidavit ARl'iicant ntormati�n• • •- •• i'leasc I'RINi'ie�j - •� • • 11i:Rlt" � '' .. Ias�Ilnr,' • CNN, ❑ 1 am a homeowner performing all work;myself. ❑ 1 am a sole proprietor and have no one working in any capaciry l am an emplover providing workers' compensation for my employees workcing on this job. ERNEST B. NORRIS & SON, INC• _ rim - t :.. 385 SEA STREET arltlrc�s• . NYANNIS 508-*Z75-0457 . EASTERN CASUALTY INSURANCE CCMPAA'Y arena T CG 1000807 A r. a: ❑ 1 am a sole proprietor.general contractor, or homeowner(circle one)and have hirt:d the contractors listed below wi mac•:S. . the following workers' compensation polices.• cmm�am•n�mc• •�•' • nhane f!- �u cc co •neliaN ... • r ..ssrsnzas�•.•.-++�rrr _ - �•!'�'4"r'T�T�'.ti fTa'SF�z phone#- in1turinre�r� .. nolicrsi . Mach:ddiHona _ _1 sheet fCaeee»pry.•-!+.:..•••}is.•+�.-,-1•�--3I:c:.�;^w�.`t.: r••a•.+..� r, ...n.. Failure so scram corm;e as required under Section 25A othIGL 153 csa lead to the imposition of criminal peaalilrs of a flat rip to S1S00.m uric cars'imprisonment as+rcll as ci•ril penilties is the forts of STOP WORK ORDER and a flee ofS100.00 a day zpian tar: I andc=nc ' COPY of this statement m2ii be fortsrded to the Office of Investigations of the DIA for cot craft yerillcation. l de lterrbr ccrrifj•unrh.r Me pains' p alder ojperjurr that the informarion prmided ahort is Ime and cnmrm Sicnztur ale . Pr'nt none CRAIG N. ASHWORni done# 508-775-0457 : ofitcisl•use only do not write is this arra to be completed by city or town ofticW cin er torn: pcmitAlcense tl_ t-tSaildla�Dctrartaent p U crass ug D u2 rzl • ❑thee!:if immediate rrsnunse is rcquirzd •• �]Sdertmea's Olttec --- . _ C311nitlt Dcrtacat It 1 �1; ^ y : t i -1hK�uac�u ' BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR ra Number: CS 015851 At • Ji Birthd a te: 1-953 9/' sExpi . : 9/28/2001 i _T-r no: 574�3HN e�To: 00 I!N�u��) CRAIG N ASHWORTH i 385 SEA STREET . �;I ,T HYANNIS, MA 02601 Administrate`�' , . 1, �'jl$ �`� F lie 'L4l?C!/E'CL(�GfL a�✓[i1�C�ZG!/1'.�1 �l�c)• l c:! 01" F3 l.J;i l d i l l sa I'.l.-.c:t r tij' ; . Ni I?d:-...t.,G 11 T.rI I v)1. O`J e l ll e l l t. C O ll t".l c)(w;-;,o 1 s t"l".a..1;;.a.C,11 1.0-'-"0 1 i Xt_)1Yclt".ac)ll - 0(j/?(i/,200 > i y1,-)e 1-1vaI::G hOT"P61-c3I..161) HOME IMPROVEMENI CONIRl1CTOR Registration; -70- I Z P,I L, i\icJRRI ON 1 NC % J Expiration: �06/30/2002 j a 1 %' Type: p u,at p • ERNESI 8. NORRL, 8 SON INC �rd-tg �shworih . ADMINISTRATOR SS Sea St Hyannis tfA 02601 Your Local Air Barrier Contractor Y "Ask for A.J" � t 4-K- F'e rr 6� �� Aulson Roofing Inc. 1-800-998-0212 TOWN OF BARNSTABLE DEPARTMENT OF HEALTH SAFETY AND ENVIRONMENTAL SERVICES BUILDING DIVISION STOP WORK THIS STRUCTURE AND/OR PREMISES HAS BEEN INSPECTED AND THE FOLLOWING VIOLATIONS OF THE BUILDING CODE AND/OR ZONING ORDINANCE HAVE BEEN FOUND: CA fl- !r--14 a Aro v 2) �2e�Np*EArTD iZ 3) AJQ -P'-? MT f 4) YOU ARE HEREBY NOT IFIED THAT NO ADllITIONAL'NN'ORK SHALL BE UNDERTAKEN UPON THESE PRE'NIISES, OR THE PREMISES OCCUPIED UNTIL THE ABOVE VIOLATIONS ARE CORRECTED. ANY PERSON REMOVING THIS NOTICE WITHOUT PROPER AUTHORIZATION SHALL BE LIABLF, TO A FINE OF NOT LESS THAN FIFTY, NOR MORE THAN ONE HUNDRED DOLLARS. Address ✓ Date Z . Building Commissioner C) , MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET,P. O. BOX 665 WEST HARWICH, MA. 02671 TEL. (508) 430-1900 FAX(508) 430-8662 EMAIL: mdfesq@capecod.net July 10, 2002 ° Robert Smith, Esq., Town Attorney _ # Town Attorney's Office 367 Main Street Barnstable, MA 0260I jUL 1 22002 Re: J. Robert Casey, et al. v. Barnstable Conservation Commission y Superior Court No. 02-227 Dear Attorney Smith: With respect to the above referenced matter and pursuant to Superior Court Rule 9A, enclosed please find the following: 1. Plaintiffs' Motion for Summary Judgment; 2. Memorandum of Law in Support of Plaintiffs' Motion for Summary Judgment; 3. Affidavit of J. Robert Casey; and 4. Affidavit of Attorney Michael D.Ford(without the certified copy of the Barnstable Zoning Ordinance). Please serve an original and a copy of any opposition to the motion upon me within the time allowed by the rule. " y Thank you. Very truly yours, Michael D. Ford MDF/mbf Enclosure cc: J. Robert Casey, Trustee t r 1 Commonwealth of Massachusetts County of Barnstable The Superior Court CIVIL DOCKET#BACV2001-00737 RE: SEY TRUSTEE et al v.BARNSTABLE ZONING BOARD OF APPEALS et al TO: Robert D. Smith,Esq. 367 Main Street New Town Hall Hyannis,MA 02601 NOTICE TO FILE PRE-TRIAL MEMORANDUM ; A final pre-trial conference memorandum in the above referenced case shall be filed by November 8,2002.** All trial counsel are required to submit a joint pre-trial memorandum to the Court. In accordance with Standing Order 1-88,the time standards tracking order,and in order to facilitate orderly and efficient progress towards trial,counsel for all parties shall meet for the purpose of preparing a JOINT pre-trial memorandum.Unless all counsel agree otherwise, counsel for the plaintiff shall be responsible for preparing and circulating the first draft of the memorandum which shall contain the following component parts: (1) Agreed facts in a form suitable for submission as an exhibit at trial; (2) A brief statement by each party of what that party expects the evidence to show- (3) Agreed suggested.description of the case to be read to the jury during impanelment; (4) Statement of'all unusual legal issues(including,particularly,any unusual evidentiary issues),the position of the parties m on these issues, and a stateent of authorities.Provide a copy.of.all cases and other authorities relief upon other than reported SJC and Appeal Court cases. (5). . The name and address of each witness to be called by each party. (Failure to list in the pre,tnal memorandum a ... .. witness,other than a rebuttal witness,the need for I.which cannot reasonably be anticipated prior to trial,may lead to an order precluding the testimony of that witness.) (6) The names,addresses and qualifications of each expert witness the parties intend to call,together with the subject matter on which the expert is expected to testify,the substance of all facts and opinions to which the expert is expected to testify and a detailed summary of the grounds of each expert's opinion.If an expert witness'identity and expected testimony has previously been disclosed.in response to expert interrogatories,this item may be covered by appending to the pre-trial memorandum a copy of the expert interrogatory responses. NOTE: Inclusion of an expert witness'identity and expected testimony in the joint pre-trial memorandum does not waive any parry's right to object to that expert's testimony on the ground that responses to expert discovery were untimely or inadequate. (7) Estimated length of trial. (8) All parties shall meet prior to the time of the pre-trial conference date to discuss the possibility of settlement,and the amenability of the case to mediation or other forms of alternate dispute resolution.The parties shall state in the pre- trial memorandum that the parties have so met and shall itemize the special or liquidated damages alleged and except in jury-waived cases, state the demand,the offer and any agreement concerning alternate dispute resolution. No later than five(5)business days prior to the scheduled trial,counsel shall meet and review the exhibits proposed to be introduced by each party and all materials to be shown to the jury.Based on that meeting,and review of exhibits,counsel shall prepare a joint exhibit list identifying 1)stipulated exhibits(which shall be pre-marked and introduced at the commencement of trial)and 2)proposed exhibits of each party as to which there is no agreement on admissibility.The exhibit list is to be presented to the trial judge at the commencement of trial with a copy for the court clerk. In the event deposition transcripts are to be offered at trial or video taped depositions are to be shown,and there are objections to any of the answers set forth in the transcript or on the video tape,the parties, not less than three days prior to the commencement of trial,are to supply to the court a transcript of the testimony with objections highlighted and,in the margin,a brief statement of the grounds of t11Qbjection and,the response by the proponent of the testimony. grounds of.. By the Court(Richard F. Connon,Justice) Dated:August 30,2002 SEP 3 By: Scott W.Nickerson Telephone: (508)375-6684 Clerk-Magistrate **PLEASE SUBMIT WITH PRE-TRIAL MEMORANDUM,MUTUALLY AGREEABLE TRIAL DATES (MONDAYS OR WEDNESDAYS AT 9:00 A.M.) r SUPERIOR COURT BARNSTABLE SS COMMONWEALTH OF MASSACHUSETTS F1LED r4PR 1'2 2s:1 BARNSTABLE ss. SUPE OR.COU4t��-/— Clerk CIVIL ACTION NO. _ a J. ROBERT CASEY AND ALAN M. LEVENTHAL, ) TRUSTEES OF THE BONNYBROOK REALTY TRUST, ) a ) Plaintiff ) V. ) RON JANSSON, CHAIRMAN, GAIL NIGHTINGALE, ) RALPH COPELAND,DANIEL M. CREEDON, THOMAS A.DERIEMER,RICHARD L.BOY,JEREMY ) -j GILMORE, and RANDOLPH CHILDS AS THEY ARE THE BARNSTABLE ZONING BOARD OF APPEALS ) and PETER M.DiMATTEO, as he is the BUILDING ) " M.0 COMMISSIONER OF THE TOWN OF BARNSTABLE, ) : Defendants ) COMPLAINT IN THE NATURE OF AN APPEAL UNDER GENERAL LAWS CHAPTER 40A §17 PARTIES 1. The Plaintiff s J. ROBERT CASEY AND ALAN M. LEVENTHAL, Trustees of the Bonnybrook Realty Trust, are adults who own land in the Town of Barnstable, Village of Cotuit. This land is located at 185 Ocean View Drive, Cotuit, Barnstable County,Massachusetts. The Plaintiffs have a mailing address of c/o Mark Leventhal, The Beacon Companies,Two Oliver Street, Boston, MA 02109. 2. The Defendants are the members of the BOARD OF APPEALS of the Town of . I Barnstable with a business office at the Town Hall, 367 Main Street; Hyannis, Barnstable County,MA. The following Defendants are individuals who at all material times were the members who heard the appeal of the decision of the Building Commissioner from which this appeal is taken. a. RON S. JANSSON, Chairman with.a mailing address of P.O. Box 147, Barnstable,MA 02630. b: GAIL NIGHTINGALE, with a mailing address of 32 Sunset Lane, Osterville,MA 02655. C. RALPH COPELAND,with a mailing address of 355'Bridge Street, Osterville, MA 02655. d. DANIEL M. CREEDON,with a mailing address of 49 Links Lane, Marston Mills,MA 02648: e.. THOMAS DERIEMER, with a mailing address of 24 Aspen Way, Osterville,MA 02655. f f RICHARD L. BOY,with a mailing address of 50 Sterling Road, Hyannis,MA 02601. g. JEREMY GILMORE, with a mailing address of 83 Dunaskin Road, Centerville,MA 02632: h. RANDOLPH CHILDS,with a mailing address of 34 Shirley Point Road, Centerville,MA 02632. 3. The Defendant,THOMAS PERRY is the acting Building Commissioner of the Town of.Barnstable and has a business mailing address of 367.Main Street, Hyannis,MA 02601. JURISDICTION 4. This action is a zoning appeal pursuant to Massachusetts General Laws, Chapter 40A, Section 17. 2 FACTS 5.- The Plaintiffs are the owners of real property, together with the buildings located thereon at 185,Ocean View Avenue;Cotu. it. (the "Premises").. 6. The Premises consists of approximately 1.56 f acres and is located in a RF Residential Zoning District, and in the Dock and Pier Overlay District(DPOD). The Premises is shown on Town of Barnstable Assessor's Map 033 as Parcel 016. 7. The Plaintiffs have caused to be constructed during 2001, a single family home on the Premises all pursuant to a building permit duly issued by the Building ' Commissioner of the Town of Barnstable. A separate Building Permit issued for the trellis to be located to the north and east of the dwelling house. The trellis was authorized under a Building Permit,No. 54211 issued on or about June 29, . 2001. 8. On or about November 20, 2001, agents of the Plaintiff received a written notice from.the office of the Barnstable Building Commissioner, that the proposed trellis would only be constructed if it met"zoning setbacks". A copy of the November 20, 2001 letter is attached hereto and incorporated herein as Exhibit "A". 9. On or about December 18, 2001, the Plaintiffs caused an appeal of the Notice (decision of the Building Department),to be filed with the Barnstable Zoning Board of Appeals pursuant to the provisions of G.L.c. 40A §8 and 15. Plaintiffs appeal sought to overrule the November 20, 2001 decision of the Building Commissioner requiring the trellis to meet zoning setbacks. A copy of the appeal is attached hereto as Exhibit "B". 10. The Zoning Board of Appeals conducted a Public Hearing on March 20,2002. At I the conclusion of the hearing on March 20, 2002, the Zoning Board of Appeals voted 4 to 1 to uphold the decision of the Building Commissioner. 11. The Board rendered a written decision in connection with the appeal;said decision being dated and filed with the Barnstable Town Clerk on March 27, 2002, as Decision No: 2002-26. 12. A true, accurate and attested copy of the Board's decision is attached he and incorporated herein as Exhibit "C" 13. The Decision of the Board of Appeals exceeded its authority'as follows: A. The Decision is defective on its face as it fails to make the necessary findings to uphold the decision of the Building Commissioner. B. The Decision constitutes an error of law. C. The Decision makes findings that are contrary to the evidence submitted at the hearing. D: The Decision is contrary to the provisions,of the Barnstable Zoning Ordinance. . E. The Decision is otherwise arbitrary, capricious and based on legally untenable grounds. 14. The Plaintiffs are aggrieved by the Decision of the Defendant Board of Appeals and are persons aggrieved within the meaning of G. L. Ch. 40A §17. WHEREFORE, the Plaintiffs respectfully requests this Honorable Court to issue an order and judgment as follows: 1. That the Decision of the Barnstable Board of Appeals exceeded its authority, and as a result is'null and void. 2. That the Decision of the Building Commissioner be reversed. 3. That the Plaintiffs be allowed to construct the trellis in the proposed location. 4. For such other and further relief as this Court may deem meet and just under the circumstances. Plaintiffs, J. Robert Casey and,Alan M. Leventhal, Trustees of the Bonnybrook Realty Trust, By their attorney, w Michael D. Ford, Esq. 72 Main Street,P. O. Box 665 W. Harwich,MA. 02671 (508) 430-1900 BBO#174440 Dated: April 12, 2002 . 5 - A w w 3 � U S a � � �� �Y U A t Town of Barnstable - BAMSMLA Regulatory Services MAM 9$A 034• ,�� Thomas F.Geiler,Director Building DivisioIIi Pete F.DiMatteo Building Commissioner 367 Main Street,Hyannis,MA 02601 Y ' Office: 508-862-4035 Fax: 508-790-6230 November 20,2001 E.B. Norris 385 Sea Street Hyannis M.A. 02601 . Dear Mr. Ashworth: Reference: 185 Ocean View, Cotuit,MA t .Map 033,Parcel 016 Re: Garden Trellis System This letter is in regards to our phone conversation of last week concerning the trellis system that the Leventhals wish to construct on their property. Due to the nature of what is proposed,this would.need to meet zoning setbacks. If we can be of further assistance feel free mcall this office. Fours truly, i Tom Perry Local Inspector TP:dm A, �'= B j w w � cq Ci o a 0 0 0 0 o B e W U r ` U W TOWN OF BARNSTABLE DEC 1 2001 Zoning Board of Appeals r°, .:--Abplication for Other Powers Date Received For Office Use only- Town Clerk Office Appeal# Hearing Date Decision due The undersigned hereby appeal to the Zoning Board of Appeals the Decisions dated November 20, 2001 of the Building Inspector,copies of which are attached to this appeal.. . Applicant's Name: Mark Leventhal Applicant Address: c/o Michael D.Ford,Esquire, P. O.Box 665,W.Harwich,MA.02671 (508)430-1900 Property location: 185 Ocean View Avenue, Cotuit This is a request for: [] Enforcement Action [XI Appeal of Administrative Officials Decision [] Repetitive Petitions [XI Appeal from the Zoning Administrator [] Other General Powers.-Please Specify: Please Provide the Following Information (as applicable): Property Owner: J.Robert Casey and Alan Leventhal Trustees of Bonny Brook Realty Trust Address of Owner:c/o Mark Leventhal The Beacon Companies,Two Oliver Street,Boston Ma 02109 If applicant differs from.owner,state nature of interest: Applicant is beneficiary of the Trust Assessor's Map/Parcel Number: Map 33 Parcel 16 Zoning District: RF t Groundwater Overlay District: AP Which Section(s) of the Zoning Ordinance and/or of.MGL Chapter 40A are you appealing to the Zoning Board of.Appeals? - 5-3.2 (1) (Appeal from Administrative Official) and Massachusetts General Laws Chanter 40A Sections 7 8 and 15 re: Bulk Regulations-Setbacks Section 3-1.4(51 Bulk Regulations, r Section 7 Definitions of etback,, Section 2-3.2 Conformance to Bul k and.Yard Re ulations: Existing Level of Development of the Property-Number of buildings: Present Use(s): 2 Gross Floor Area: Main House under constructionsq. ft Application for Other Powers Nature&Description of Request: : The Petitioner a eals the November 20 2001E decision of the Buildin Commissioner as it is the Petitioners osition that the trellis structure ro osed is not re ulated b the s re uirements im osed under the Ordinance as the trellis ro osed- is not a buildin k Petitioner's lans for a trellis ortions of which are located in the side and setback the lot were reviousl a roved b issuance of a buildin ermit but have subse uentl rbeen ea of disallowed. See letter of Buildin Commissioner's office dated November 20 2001 attached hereto. Is the property located in an Historic District? Yes [] No [X] If Yes OKH Use Only: Plan Review Number ` Date Approved Is the building a designated Historic Landmark? :Yes []No [X] If Yes Historic Preservation De artment Use Only Date Approved .. Has a building permit been applied for? Yes [X] No [) Has the Building Inspector refused a permit? Yes []No [] (See letter of Building Inspector dated 11/20/01) Has the property been before Site.Plan Review? ,.Yes []No [X] This.is an appeal of the Building Inspector's decision relating to a Sin 1 dwelling which is categorically.exempt under Section 4-7.3(2) of the Bar family Ordinance nstable For Buildin De artment Use onl Not Required-Single Family [] Site Plan Review Number Date Approved Signature: The following information must be submitted with the application at the , supply this may.result in a denial of your request: a time of to x - Three - - - 3 co i e so� f .th P e com pleted feted . .a I I C _p pp anon form,each with`ongmal signatures.-.. r , Three(3)copies of all attachments as may be required for standin bef for clear understanding of your appeal. g ore the Board and The applicant may submit any additional supporting documents to assist the Boa making its determination. rd in Signature: Date: December 18 2001 Applicant or Agent's Signa e Agent's Address: P.O.Box 665 W.Harwich MA. 02671 Phone: (508)430-1900 Notice For Public Hearing The following are the most recent names, mailing address and corresponding Assessor's g Map & Parcel Numbers of the abutting property owners,the owners of land directly opposite on any public or private street or way, and all abutters to the abutters within three hundred (300) feet of the property lines of the subject property. Assessor's Map & Parcel Numbers Owner's Name Address .*NOTICE* Upon Submission of application, it is required that all facts and documentation necessary to support the relieve being sought be presented by the applicant. The failure of which may result in the denial of the application at the scheduled hearing. f Town of Barnstable MAM .�' ' Regulatory Services - - a 'Or�D MAC A Thomas F.Geiter,Director. Building Division ` Pete F.DIMattee Building Commissioner 367 Main Street,Hyannis.MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 20,2001 E.B.Norris } 385 Sea Street Hyannis M.A. 02601 Dear Mr. Ashworth: Reference: 185 Ocean View,Cotuit,MA Map 033,Parcel 016 Re: Garden Trellis System This letter is in'regards to our phone conversation of last week concerning ,the Leventhals wish to construct on their property. Due to the nature of what isrelro system that . would need to meet zoning setbacks. If we can be o f further assistance feel free to all thed,is this office. this Fours.truly, C ; Tom Perry ti i Local Inspector TP:dm . �- C i. S 111 ' � � � (�\_ O � O o O O O � e p W �,CJ.1 U W OC I - MAIN CLERK BARNST^ LE, r>>kss. MA,49. TQpl�D�.�►�'� 212 Eu`R 27 PM 2• 01 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2002-26 -Leventhal Appeal of the.Building Commissioner November 20,2001, decision to not issue a building permit for a trellis structure Summary: Upheld Building Commissioner ` Petitioner: Mark Leventhal Property Address: 185 Ocean View Ave.,Cotuit,MA Assessor's Nlap/Parcel: Map 033,Parcel 016 Zoning: Residential F and Resource Protection Overlay Districts Relief Requested & Background ° Appeal 2002-026 is an appeal of the Building Commissioner November 20, 2001 refusal to issue a building,. permit for a proposed trellis structure. The locus has been before the Board in prior appeals involving mechanical equipment and a replacement of a `doll house'stricture. The propern,has been undergoing redevelopment and improvements over the last three years. In this particular instance, an Express Permit was applied for on June 27 2001. Express Permit No. 54211 was issued on June 29, 2001. That permit authorized the construction of a Trellis/Arbor surrounding t-,vo sides of a pool. It is estimated that the structure projects 90 feet north from the dwelling and turns easterly,another 100 feet in length. The trellis is approximately 7 feet wide and the Height is 9 feet, 4 inches. The walkway under the trellis is brick. The estimated cost of the trellis as shown on the Building Permit was $30,000. Sometime in November it was noted that the trellis location would be 3 feet from the neighboring property line of the lot to the north. This caused the November 20, 2001 letter to be issued According to the Assessor's Record,the property at issue is a 1.56-acre parcel developed with a 2.5 story 6,075 sq.ft. five-bedroom single-family dwelling. . Procedural &Hearing Summary: " This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 18, 2001. An extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 20, 2002, at which time the Board found to sustain and uphold the decision of the Building Commissioner, finding that this is a structure and as such is subject,to the setback requirements for the district. Board members deciding this appeal were Daniel M. Creedon, Gail Nightingale,Ralph Copeland,Jeremy Gihnore,Randolph Childs and Chairman Ron S.Jansson. Attorney John Alger represented.the applicant. C Mr.Alger submitted a memorandum in support of the appeal along with pictures of the trellis and other sites having similar type structures located within setback areas. Mr.Alger cited from his memorandum and emphasized that Section 7,defines setback as "The distance between a street line and the front building line of a principal building or structure,projected to the side lines of the lot. Where a lot abuts on more than one street, front yard setbacks shall apply from all streets." He informed the Board that this is not the principal building or structure on the lot;it is an accessory garden feature. With reference to the structure,it is not a building. It has . no roof covering as the definition of building in MGL Chapter 143 Section 1 implies. Mr.Alger and the Board discussed the definition and use of the terms "structure"and"building" as written in the ordinance and in state codes. The history of the situation was discussed from securing of the building permit to the stop work order. 1\1r.Alger stated that all work has ceased on the trellis and that the part that would infringe has yet to-be completed. Mr.Alger summarized that the trellis is a freestanding decorative.structure. It doesn't constitute a principal building or structure on the premises and is not a building%,.rithin the definition and therefore should not be required to conform to the side and rear yard setback requirements., Speaking In opposition was Attorney Edward Kirk representing the Millers. They are direct abutters to the Leventhal property. He described the structure as a permanent canopy stricture built over a walkway. He further noted that the structure if not directly attached to the principal building, appears to he;and that this is-an extension of that principal building on the lot. He noted that the trellis structure is in two segments. Mr. kirk stated that all principal and accessory structure and buildings have to abide to comply with setback regulation. He stated that Section 2-3 of the Zoning Ordinance-Application of District Regulations - specifies that the "Regulations within each district established herein shall be applied uniformly to each class or kind of structure or use." He also stated that through much of the Ordinance the terms building and structures are used interchangeable. No one else spoke for or against the petition. The Building Commissioner, Peter F. DiMatteo discussed the situation,reaffirming that it was his opinion that this is a structure that must comply with the required setback in that it is not a minor incidental improvement to the property. Findings of Fact: At the hearing of March 20,2002, the Board made the following findings of fact: 1. The property at issue is addressed 185 Ocean View Ave., Cotuit, MA. It is shown on Assessor's Map 033 as Parcel 016 and is zoned Residential F and is in the Resource Protection Overlay District. . 2. This is an appeal of a decision of the Building Commissioner in-refusing to issue a building permit for . trellis structure,portions of which are proposed to be located in the side yard setback. 3. In this instance Express Permit No. 54211 was issued on June 29,2001. The permit authorized the construction of a Trellis/Arbor surrounding two sides of a pool. 4. It is estimated that the structure projects 90 feet north from the dwelling and then turns easterly towards the water another.100 feet in length. It apparently is two separate structures. The.trellis is 7 feet wide and the height is 9 feet 4 inches: 2 I 1 5. The trellis location would be only 3 feet from.the neighboring property line of the lot.to the north when 15 feet setback is required in the Residential F Zoning District. 6. The November 20,.2001,letter issued by the Building Commissioner in this case was timely appealed by the applicant. 7. Within the Town of Barnstable's,Zoning Ordinance the terms `building'and `structure'are interchanged throughout the test.There is no definition of building in the ordinance but there is a definition of structure. Within Section 7, of the Zoning Ordinance,Definitions, a structure is defined as "Any production or piece of work artificially built up or composed of parts and joined together in some definite manner,not including poles;fences and such minor incidental improvements." 8. Section 2-3 of the Zoning Ordinance,Application of District Regulations,clearly states that the "Regulations within each district established herein shall be applied uniformly to each class or kind of structure or use." The Ordinance also specifies in Section 1-2 that its purpose is to "promote the health, safety, convenience, morals and general welfare of the inhabitants of the Town of Barnstable, to protect and conseive the value of the property within the town, to increase the.amenities of the town, and to secure safety from seasonal or periodic flooding, fire, congestion or confusion" and "for this purpose, the height, number of stories, size of buildings and-structures, size and width of lots, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade,marine business, industry, agriculture,residence or other purposes". 9. Those t-%vo sections together and the other facts presented establish that the bulk regulations are intended to apply to all structures. 10. The trellis is a structure and therefore should be subject-to the bulk regulations of the Ordinance. The vote was as follows: AYE: Gail Nightingale,Jeremy Gilmore,Randolph Childs and Ron S:Jansson NAY: Daniel I\I. Creedon Mr. Creedon explained that his no vote on the findings was because the Zoning Ordinance is clearly ambiguous on this issue of buildings/structures and the applicability of the setback requirements. Definitions are lacking and those contained only add to the ambiguity of set backs and the application of them. In making decisions, the.expressed terms of the Ordinance must be read and applied. Decision: Based on the findings of fact, a motion was duly made and seconded to sustain the decision of the Building. Commissioner. - The vote was as follows: AYE: Gail Nightingale,Jeremy Gilmore,Randolph Childs and Ron S.Jans son NAY: Daniel M. Creedon . ' Ordered: In Appeal 2002-026,the Zoning Board of Appeals has found to sustain and uphold the.decision of the Building Commissioner that the trellis is a structure and is subject to the bulk Regulations contained in the Zotung 3 r - Ordinance. Appeals of this decision,if any, shall be made pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Ron S. nsso , Chairman Date Signed t �FTME Tqk, Town of Barnstable RAMMBLE. • Regulatory Services �. 9�,orE p 3�a��� Thomas F.Geiler,Director Building Division Pete F.DiMatteo Building Commissioner 367 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 20, 2001 E.B. Norris 385 Sea Street Hyannis MA. 02601 Dear Mr. Ashworth: Reference: 185 Ocean View, Cotuit, MA Map 033, Parcel 016 Re: Garden Trellis System This letter is in regards to our phone conversation of last week concerning the trellis system that the Leventhals wish to construct on their property. Due to the nature of what is proposed, this would need to meet zoning setbacks. If we can be of further assistance feel free to call this office. Yours truly, Tom Perry Local Inspector TP:dm x l Town of Barnstable Planning Division - Staff Report ;r Leventhal Appeal 2002-26 - Appeal of the Building Commissioner November 20,2001,decision to not issue a building permit for a trellis structure Date: March 14,2001 To: Zo ing Board of Appeals D . Art traczy ,Principal Planner �� Petitioner. Mark Leventhal Property Address: 185 Ocean View Ave.,Cotuit,MA Assessor's Map/Parcel: Map 033,Parcel 016 Zoning: Residential F Zoning District RPOD—Resource Protection Overlay District Filed:December 18,2001 - 120 Day Extension - Hearing:March 20,2002 - Decision Due:April 05,2002 Copy of Public Notice: . Mark Leventhal has appealed the November 20, 2001, decision of the Building Commissioner not to issue a building permit for a trellis structure, portions of which are located in the side yard setback. The property is shown on Assessor's Map 033,Parce1016, commonly addressed 185 Ocean View.Ave., Cotuit, MA,in a Residential F Zoning District. Background &Review: Appeal 2002-026 is an appeal of the Building Commissioner November 20, 2001 refusal to issue.a building permit for a proposed trellis structure. The locus has been before the Board in prior appeals involving mechanical equipment and a replacement. of a`doll house'structure. The property has been undergoing redevelopment and improvements over the last three years. In this particular instance, an Express Permit was applied for on June 27, 2001 (see application attached). Express Permit No. 54211 was issued on June 29, 2001. That permit authorized the construction of a Trellis/Arbor surrounding two sides of a pool: Staff estimates the structure projects 90 feet north from the dwelling and than turns easterly.another 100 feet in length. From the support post centers,the trellis is7 feet wide and the height is 9 feet, 4 inches. The walkway under the trellis is brick. The estimated cost of the trellis as shown on the Building Permit is $30,000 (see attached Permit No. 54211). Apparently, sometime in November it was noted that the trellis location would be only 3 feet from the neighboring property,line of the lot to the north (see attached Plan with noted 3 foot setback distance). This caused the November 20, 2001,letter to be issued (see attached). According to the Assessor's Record,the property at issue is a 1.56-acre parcel developed with a 2.5 story 6,975 sq.ft. five-bedroom single-family dwelling. . With respect to the issue before the Board, staff is providing the following information for consideration. Barnstable Zoning Ordinance Section 2-3.2, Conformance to Bulk and Yard Regulations states: "No building shall be erected or altered to exceed the height or bulk, or to have narrower or smaller yards or other open spaces than herein required, or in any other manner contrary to the provisions of this ordinance." There is no definition for building within the Ordinance. However, the terms `building' and`structure' are intertwined throughout the Ordinance. As noted in a previous case, MGL Chapter 143, defines the term "building" in pertinent part as."A combination of any material, whether portable or fixed, having a roof,to form a structure for the shelter of persons, animals or property. For the purposes of this definition`roof'shall include an awning or any similar covering whether or not permanent in nature." Section 2-3,Application of District Regulations, further states that the: "Regulations within each district established herein shall be applied uniformly to each class or kind of structure or use." Within the definitions contained in the Ordinance structure is defined as: "Any production or piece of work artificially built up or composed of parts and joined together in some definite manner, not.including poles, fences and such minor incidental improvements." . Webster's Dictionary defines an arbor as: "A shady garden shelter or bower', often made of rustic work or latticework on which climbing plants, as vines and roses, are grown." Trellis is defined as "A frame supporting open latticework, used for training vines and other climbing plants" Section 5-2.2 with reference to issuance of Occupancy Permits states in part that: "No premises and no building or structure erected, .... under a permit or otherwise, shall be occupied or used ... .until the premises, building or structure and its uses and accessory uses comply in all respects with this ordinance. Copies: Petitioner/Applicant Attachments: 'Note"bower"in this case refers to its definition of"a shaded leafy recess: arbor". r TOWN OF BARNSTABLE DEC 18 2001 :Zoning Board of Appeals 3 E. AplAication for Other Powers Date Received For Office Use only. Town Clerk Office Appeal#v�41lyZ' a�o Hearing Date—V,.Z— Decision due The undersigned hereby appeal to the Zoning Board of Appeals the Decisions dated November 20, 2001 of the Building Inspector, copies of which are attached to this appeal. . Applicant's Name: Mark Leventhal Applicant Address: c/o Michael D.Ford,Esquire, P. O.Box 665,W.Harwich,MA.02671 (508) 430-1900 Property location: 185 Ocean View Avenue,,Cotuit This is a request for: [ ] Enforcement Action [X] Appeal of Administrative, Officials Decision [ ] . Repetitive Petitions [X] Appeal from the Zoning Administrator [ ] Other General.Powers -Please Specify.- Please Provide the Following Information (as applicable): Property Owner: J. Robert Casey and Alan Leventhal, Trustees of Bonny Brook Reafty Trust Address of Owner:c/o Mark Leventhal,The Beacon Companies,Two Oliver Street,Boston,Ma 02109 If applicant differs from owner,state nature of interest: Applicant is beneficiary of the Trust Assessor's Map/Parcel Number: Map 33,Parcel 16 Zoning District: RF Groundwater Overlay District: AP Which Section(s) of the Zoning Ordinance and/or of MGL Chapter 40A are you appealing to the Zoning Board of Appeals? 5-3.2 U (Appeal from Administrative Official) and Massachusetts General Laws Chapter 40A, Sections 7, 8 and 15 re: Bulk Regulations-Setbacks, Section 3-1.4(5)Bulk Regulations, s Section 7 Definitions of Setback, Section 2-3.2 Conformance to Bulk and Yard Regulations: Existing Level of Development of the Property-Number of buildings: Present Use(s): 2 Gross Floor Area: Main House under construction sq. ft. Application for Other Powers Nature &Description of Request: The Petitioner appeals the November 20,2001 decision of the Building Commissioner as it is the Petitioners position that the trellis structure proposed is not regulated by the setback requirements imposed under the Ordinance as the trellis proposed is not a building_ Petitioner's plans for a trellis, portions of which are located in the side yard setback area of the lot,were previously pproved by issuance of a building permit,but have subsequently been disallowed. (See letter of Building Commissioner's office dated November 20, 2001 attached hereto. Is the property located in an Historic District? Yes [] No [X] If Yes OKH Use Only: Plan Review Number Date Approved Is the building a designated Historic Landmark? Yes [ ] No [X] If Yes Historic Preservation Department Use Only Date Approved Has a building permit been applied for? Yes[X]No [ ] Has the Building Inspector refused a permit? Yes [] No [] (See letter of Building Inspector dated 11/20/01) Has the property been before Site Plan Review? Yes [ ] No [X] This is,an appeal of the Building Inspector's decision relating to a Single-family dwelling which is categorically exempt under Section 4-7.3(2) of the Barnstable Ordinance For Building.Department Use only: Not Required- Single Family [ ] Site Plan Review Number Date Approved Signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your request: Three (3) copies of the completed application form, each with original signatures: l r . Three (3) copies of all attachments as may be required for standing before the Board and for clear understanding of your appeal. The applicant may submit any additional supporting documents to assist the Board in making its determination.. Signature: Date: December 18, 2001 Applicant or Agent's Signature Agent's Address: P.O. Box 665, W. Harwich,MA. 02671 Phone: (508) 430-1900 Notice For Public Hearing The following are the most recent names, mailing address and corresponding Assessor's Map & Parcel Numbers of the abutting property owners,the owners of land directly opposite on any public or private street or way, and all abutters to the abutters within three hundred (300) feet of the property lines of the subject property. Assessor's Map & Parcel Numbers Owner's Name Address * NOTICE * Upon Submission of application,. it is required that all facts and documentation necessary to support the relieve being sought be presented by the applicant. The failure of which may result in the denial of the application at the scheduled hearing. Town of Barnstable MAM Regulatory Services Thomas F.Geiler,Director BDi1d111gbiV1slon Pete F.DiMatteo Building Commissioner 367 Main street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 20, 2001 E.B. Norris 385 Sea Street Hyannis MA. 02601 Dear.Mr. Ashworth: Reference: 185 Ocean View, Cotuit,MA Map 033, Parcel 016 Re: Garden Trellis System This letter is in regards to our phone conversation of last week concerning the trellis system that the Leventhals wish to construct on their property. Due to the nature of what is proposed, this _ would need to meet zoning setbacks. If we can be of further assistance feel free to call this office. Yours truly, r ^ Tom Perry Local Inspector Tl':dm r , i k MR3 %%7 CO]#P 19 _ UP31 x_ _ x— x 5( #110 , IAAP 31 1 ( k_ X_— e 120LZJ _X 58 49 -- AW34 i MAP 34 47 8. #131 x— S MAP37 #AP33'1 165 34 jI 1.#—m 5 211;' O�c2 98 ioo''. -- ! - i MAP)kil M;P 33' , All ' Igw5, X mpg �88 �Vl Vic; k J 2 33 9 ��_ 11JII +I MAP 33 MAP 33 31272# ` MAP 33 O AIR W33 42 43 #233 18 MAP 33 a 19-2 #NI W 33 #I2M 0 Rpm 43_1 MAP 37 . 19-1 #246 MAP 033 PARCEL 016 " SCALE: I"=200' w E 3001 BUFFER S. *NOTE: Planimetrias,topography,and **NOTE: The parcel lines are only graphic representations DATA SOURCES: Planimetria(man-made features)were interpreted from 1995 aerial photographs by The lames vegetation were mapped to meet National of property boundaries. They are not true locations,and W.Sewall Company. Topography and vegetation were interpreted from 1989 ueriaf photographs by GEOD Map Accuracy Standards at a scale of do not represent actual relationships to physical objects Corporation. Planimetria,topography,and vegetation were mapped to meet Notional Map Accuracy Standards 1"=100'. on the map. at a scale of 1"=100'. Parcel lines were digitized from 2001 Town of Barnstable Assessors tax maps. Vision ID: 2084 Other ID: Bldg#: 1 Card 1 of 2 Print Date:02/01/2002 M44 ASEY,J ROBERT&LEVENTHAL,A TRS evel ublic Wate: aved aterfront Description Code Appraised Value Assessed Value o S LAND 1010 2,184,000 2,184,000 801 /oLEVENTHAL,MARK-THE BEACON as i zcel View OLIVER ST SIDNTL 1010 193,800 193,800 OSTON,MA 02109 ephc SIDNTL 1010 15,100 15,100 Barnstable 2001,MA dditional Owners: ccount# 19321 Plan Ref. Tax Dist. 200 Land Ct# er.Prop. #SR VISION Life Estate DL 1 Notes: DC 8569/146 DL 2 GIS ID: Total 2,3929900 2,392,900 Fc. Yr. Code . Assessed Value ASEY,J ROBERT&LEVENTHAL,A TRS 12108/138 03/05/1999 U I 3,390,000 10 Yr. Code Assessed Value Yr. Code Assessed Value HITCOMB,PEMBERTON 2148/ 83 Q 0 2000 1010 889,200 999 1010 889,300 998 1010 889,300 ITCOMB,PEMBERTON DTH C U I 1 A 2000 1010 353,600 999 1010 352,000 998 1010 338,900 2000 1010 1,100 999 1010 1,100 998 1010 1,100 Total: 1243 900 Total: 1,242,400 Total: 1229 300 _ .. , O This signature acknowledges a visit by a Data Collector or Assessor Year TypelDescri tion Amount Code Description Number Amount Comm.Int. Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 Total Appraised Lraised Cand Value 0 13,500 II u _ p Special Land Value Total Appraised Card Value 2,197,500 900392 Total Appraised Parcel Value 2,392,900 Valuation Method: Cost/Market Valuation FOUNDATION ONLY 1/1/00 DELETE PREV STRUCTURE et Total Appraised Parcel Value 29392,900 k = _. Permit ID Issue Date T e Descri tion Amount y Ins .Date %Comp. Date Com Comments Date ID Cd. Pur ose/Result 40438 8/3/1999 DE emolish 1,350,000 1/1/2000 11/13/2000 JG 03 ata Mailer 37031 3/11/1999 RE emodel/Renov 300,000 1/1/2000 100 1/1/2000 3/23/2000 MF 02 ea:/List Bldg Permit On B25.024 5/1/1983 0 1/15/1984 100 0 2 ST 10/15/1985 FR B24868 3/1/1983 0 0 O BLDG i. . :�z B# Use Code Descri tion Zone D ronta e De th Units Unit Price I.Factor S.1. C.Factor Nbad. Ad'. Notes-Ad YS ecial Pricin Ad Unit Price Land Value 1 1010 Ingle Fam RF 2 2 1.56 AC 95,000.00 1.00 5 1.00 07WA 7.00 PCL(1.,U15)Notes:SITE 1,400,000.00 2,184,000 Total Card Land Units 1.56 AC Parcel Total Land Area: 1.56 AC Total Land Valu 2,184,000 'roperty Location: 185 OCEAN VIER'AVENUE MAP ID: 033/016/// vision ID:2084 Other ID: Bldg# 1 Card 1 of Date: Elem e e nt Cd - Commercial Data Elements El . Ch. Description Element Cd. Ch. Description tyle/Type 4 utbuildings odel 0 acant eat&AC ade rame Type aths/Plumbing tories eiling/Wall ccupancy . ooms/Prtns xterior Wall 1 /o Common Wall 2 all Height oof Structure oof Cover nterior Wall 1 lement ode escription ' actor 2 omplex terior Floor 1 loor Adj 2 nit Location eating Fuel umber of Units eating Type umber of Levels C Type /o Ownership edrooms athrooms � (AN �, . ,e nadj.Base Rate 21 00 otal Rooms Size Adj.Factor 0.00000 Grade(Q)Index 0.00 ath Type tchen Style Adj.Base Rate 0.00 Bldg.Value New 0 Year Built 00 ff.Year Built 0 rml Physcl Dep 0 uncn1Obslnc 0 con Obslnc yrrintion pecl.Cond.Code 1010 ingle Fam 100 pecl Cond% 0 verall /o Cond. eprec.Bldg Value ° Code Description LIB Units < Unit Price Yr. D Rt %Cnd A r. Value SHED Shed L 8.00 1940 1 100 1,000 FND Foundation L 1 12,500.00 1999 0 100 12,500 , Code Description LivinU Area Gross Area E .Area Unit Cost Unde rec. Value DI. Gross iv/L ase Area 0 0 0 Id Val: h Vision ID:2084 Other ID: Bldg#: 2 Card . 2 of 2 Print Date:02/01/2602 09:44 10?1 }x,. .q° N. ASEY,J RT ROBE &LEVENTHAL,A TRS eve l ublic - � Wale. aved � � 7 aterfront Description •Code lAppraised Value Assessed Value %LEVENTHAL,MARK-THE BEACON Gas i xcel View RES LAND 1010 2,184,000 2,1842000 801 OLIVER ST RESIDNTL 1010 193,800 193,800 OSTON,MA 02109 ephc SIDNTL 1010 15,100 15,100 Barnstable 2001,MA dditional Owners: Accouht# 19321 Plan Ref. Tax Dist. 200 Land Ct# et.Prop. #SR VISION Life Estate DL 1 Notes: DC 8569/146 DL 2 GIS ID: Tot 11 2,392,900 2,392,900 -�., •• -cc,s*s 3 -s k ' :�: ,may.... �., � f:�i �, tlB ..��� .a�.�,- ,� ."` � ASEY,J ROBERT&LEVENTHAL,A TRS 12108/138 03/05/1999 U I 3,390,000 10 Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value TCOMB,PEMBERTON 2148/ 83 Q 0 2000 1010 889,200 999 1010 889,300 998 1010 889300 WHITCOMB,PEMBERTON DTH C U I 1 A 2000 1010 353,600 1999 1010 352,000 998 1010 338:906 2000 1010 1,100 999 1010 1,100 998 1010 1,100 Total: 1 43 900 Total: 1,242,400 Total. 1229 300 This signature acknowledges a visit by a Data Collector or Assessor Year TvvelDescription Amount Code I Description Number Amount I Comm.Int. Appraised Bldg.Value(Card) 193,800 Appraised XF(B)Value(Bldg) 0 Appraised OB(L)Value(Bldg) 1,600 Total Appraised Land Value(Bldg) 0 Special Land Value Total Appraised Card Value 195,400 Total Appraised Parcel Value 2,392,900 Valuation Method: Cost/Market Valuation et Total Appraised Parcel Value 2,392,900 OEMPermit ID T Issue Date T e Description Amount Ins .Date %Com . Date Com . Comments Date ID Cd Pur ose/Result 11/13/2000 JG 03 Data Mailer 3/23/2000 MF 02 ea./List Bldg Permit On 10/15/1985 FR WIN B# Use Code µ Descri lion Zone D ronta Depth Units Unit Price 1.Factor S.I. C.Factor Nbad. Ad Notes-Ad YS ecial Pricin Ad'. Unit Price Land Value e 2 1010 Single Fam RF 2 0.01 SF 0.00 1.00 5 1.00 07WA 7.00 PCL(00)Notes: 0.00 0 Total Card Land Units 0.00 AC Parcel Total Land Area: 1.56 AC Total Land Valu 0 Vision ID:2084 Other ID: Bldg#: 2 Card 2 of 2 Print Date: 02/01/2002 09 Element Cd. Ch. Description Commercial Data Elements tyle/Type 3 Colonial Element Cd. Ch. Description odel 1 Residential Heat&AC 11 ade k Luxury Grade Frame Type 3 tories Stories US 22 3 Occupancy 0 eiling/Wall BMT ooms/Prtns Exterior Wall 1 4 Wood Shingle %Common Wall Baths/Plumbing BAS 2 Wall Height Roof Structure 07 Gambrel AS Roof Cover 10 Wood Shingle 20 BMT 6 nterior Wall 3 Plastered Element ode Description Factor 14 1 nterior Floor 1 19 Pine/Soft Wood Complex 2 11 Ceram Clay Til Floor Adj 20 Unit Location FUS 20 2 Heating Fuel 2 it AR 6 Heating Type 4 of Air umber of Units C Type 3 Central Number of Levels /o Ownership 1212 Bedrooms 4 Bedrooms athrooms 3 Bathrooms 0 Full 0 10 Total Rooms Rooms nadj.Base Rate 60.00 10 Size Adj.Factor 0.96904 Bath Type Grade(Q)Index 1.77 Kitchen Style Adj.Base Rate 102.91 30 Bldg.Value New 258,407 Year Built 1830 ff.Year Built (A)1975 rml Physcl Dep 25 uncnlObslnc 0 con Obslnc 0 Code I)Psrrintion pecl.Cond.Code 1010 Single Fam 100 pecl Cond% erall%Cond. 75 eprec.Bldg Value 1o14 ann Code Description LB I Units Unit Price Yr. DP Rt %Cnd A r. Value GRN2 COMM GLASS L 176 8.00 1930 1 100 . 400 SHED Shed L 160 .8.00 1990 1 100 1,200 Code Description Livin Area Gross Area E .Area Unit Cost Unde rec. Value BAS First Floor 885 885 885 102.91 91,075 BMT Basement Area 0 885 177 20.58 18,215 FUS Upper Story 1,281 1,281 1,281 102.91 131,828 GAR Attached Garage 0 480 168 36.02 17,289 il. Gros LivlEease Area 2,1661 3,511. 2 511 Id Val: 288,4071 - - Town of Barns P.er =_ pF Expires 6 months from issue date Sr„B , : Regulatory Services Fee z ��A�E ►`e� Thomas F.Geiler,Director Building Division Elbert C'Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601w Office: �08-862-4038 7-14 Fax: 508490-6p0 I Sv1'z.V EXPRESS PERMIT APPLICATION Not Valid without Red X-Press Imprint Map/parcel Number D 3 3Z-0 ,�t 't" Property Address 8 -6 a EA 0 V��- ' OCYT 01 Residential OR ❑Commercial Value of Work �Ur, dt!5 1z> Owner's Name&Address K4 A.Kic Lev 5-# L 4A4-. �K cI57 62 1 Contractor's Name j, 1-��t t s t �X C Telephone Number '?7 i Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ I am the Homeowner I have Worker's Compensation Insurance Insurance Company Name EA S T E9�3 Ca Sty&aL-T y s Workman's Comp.Policy# W C j O O $•o'7 4 Permit Request(check box) ❑. re-roof(stripping old shingles) ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows. U-Value (maximum.44) ❑ Other(specify) —PeLA-1 S 'Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conseivation,etc. Signature `% ; ,,,�,�,� : The Town of Barnstable BAP"?9. � Regulatory Services �'°rfo►�+" Thomas F. Geiler, Director Building Division Ralph Crossen, Building Commissioner 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containin;at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain:exceptions,along-'with other requirements. J A ' Type of Work:. �.� Estimated Cost Opp Address of Work: Igor ®COAL OVi w f c 1 " —tj t'r Owner's Name rJ N C J��af, E�L7'� � `�� E] GE Q � ' Date of Application: I hereby certify that: Registration is not required for the following reason(s): []Work excluded by law 0Job Under$1,000 []Building not owner-occupied ❑Owner pulling own permit . Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED. . CONTRACTORS FOR APPLICABLE HOME IMPROVEMENTT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereb appl for a permit as the nt of.the o er:. Date V Contractor Name A Registration No. OR Date Owner's Name SKYLIGHT v/ ERUEBO.W/ LASTR3BC BATT INS Ranere Associates Inc. IN ROOF RAFTERS 12 (TYP') CEILING L OPENIN AT AMutetttua 6�1s BEYOND SKYLIGHT 12. sae Congress Street 1 Boston.MA 02210 1 2 0 7 (617)542-2111 C m ATTIC A211 FAX 542-2116 V CONSULTANTS 1 SIM. Q RECESSEDA2p BOOKSHELF } D ! 1/4•SS CABLE . A211 C E (GUARD) o ! DESIGN ARCHffECT RELACE ED STEEL BEAM 15 SEE STRUCT.I WCS. NO RO Q A501 ! ! R�;DRAIIN - 7YP. Sim. 1[4 WHITE 1'HD.IECTN� e ! cMAR SOFFIT 99005 a BOARDS(TYP.). oeAwr�a,-raac�u j O ! JJP/RMR lxlAwtE GRANIoAn1 BEYOND 9-�� ReASKINI ... BRICK TERRACE &ATTIC CUIG.9-14-99 CONSTRUCTION 11-1-99 1 R38C INSUL AT GEN ISSUE1 - _ ASO FIRST FLOOR GENERAL ISSUE 2-3-00 S01, 8 GENERAL ISSUE 5-10-00 A502 EiASEMENT REV 7 7-14-00 36'-0' 2'STYRpFOAM INSULATION TOP OF F=.TO GRADE ADHEAR TO FOUNDATION WALL,TYP. ITOAECr 185 OCEAN BUILDING SECTION 2 VIEW L/4• 1'-0' 2,3•s 0 12•D.C. DRIVE 4 - A 4 46-6• TYP. EXT RIOR W WHITE CEDAR SHINGLES SQUARED AND REBUTTED (2)2 . •MIX (2)Zaa-s o a'-o•0.C. • 1/2•COX PLYWOOD SHEATHIIC COTUff,MA - •2.6 sTWS"0 16•D.C. t�a7'5 AT EACH . •6' R21 F6ERGLA=BATT NSULATIQN '6 MS POLY VAPOR'BARRIER • 1/2•BLUE BOARD k PLASTER TYPI el FL OM rnAIcTRUCTION BRICK PAVERS (� •FINISH FLOOR AS NOTED ON R 9u1rr.I 3/4•'COX PLYWOOD SUBFLOOR GLUED t NAILED 2aa 4 AT EACH POST) . I s �A"VIEWSECTIONS •d015'U5: REFER TO FRAMING PLANS Za6 EDGE BOS. ' RM nKRGL4S GATT-INSULATION - :9':::...x• T I _ _ AND LEAVE 2'AIR SPACE BETWEEN RADIANT TUBING I - �y• a'•• DETAILS AND FACE OF.INSULATION AILS .�OR AS PER MANUFACTURER'S INSTRUCTIONS s•6 MIL POLY VAPOR BARRIER ' "• •SUSPENDED CYP•00.CEILINGSECTION AT TRELACE; • 1/2•BLUEBOARD AND RASTER t/2•.1'-0• SCALE i 1/4'=1'-O' I a � y I DC I 1 y I 1 j _ _ B_GARO 1. LEDGE. .'"- •vim:' v: ._ -. ..• . . ' __� 2 1 10 P" IKE : . To of-Bari xabl, Expires 6 months from issue date �STABLY, Regulatory Services Fee 1-3 Thomas F.Geiler,Director /�Yoe �TED MA � Building Division ,S', 61L1711 Elbert C Ulshoeffer,Jr. Building Commissioner7/10p, 367 Main Street, Hyannis,MA 02601w Office: 508-862-4038 011 Fax: 508-790-6230 Sv1�V EXPRESS PERMIT APPLICATION Z� Not Valid without Red X-Press Imprint X-PRESS PERMIT Map/parcel Number L0 3 a Z_,9 & Property Address . $J CJ ` - COT01 UN .2 9 2001 . r5e- /Q 1 TOW B R TABLE Residential 'OR ❑Commercial Value.of Work" (� Owner's Name&Address L"5->1-1T4XL.. .12 Contractor's Name Bi t .l ' f.� d J N '� � � }.1 � Telephone Number '?7 S 4V-S-7 f Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) j ❑Workman's Compensation Insurance Check one:El � �3 I am a sole proprietor F "'`. El am the Homeowner a• .' I have Worker's Compensation Insurance Insurance Company Name EA STD�. Ca 6j L_T y Workman's Comp.Policy# �R.� 8 D Q 9 007 4 Permit Request(check box) ❑ Re-roof(stripping old shingles) ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows. U-Value (maximum.44) ❑ 0 ther(specify) �1 'Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. Signature.;;; •-i, Asses.5ors Mop: 33 Parcel: 16 ZONE: RF V'4y !cethocks: •B Fron t 30'TA _. - S+•d e: 7 5' Cooenv -�� Reor: 15' - ..Hod � •.`= �. n e� t7 'a, Vi cd . dry..? ! $t W lt_u.7erOteJ -0U .� SAed C C � v G '? '�• C Cu G AV765A 2 scy w�•F �� �� to Caroiayr House �p N 20:Jr'57_ C. L:S - V �� a ' w venue PLOT PLAN 04 IN 1 certify that the fbundoNon s FL shown hereon conforms to the L}4UF4EUX setback requirements of the C.otuit ►Q.3A310 Zon;ng 8y4aws of the town m�° �o 4 u,` Sornstoble. DA TE: 29/DEC/99 SCALE: 1 Z t pEG/� O 25 50 75 lOU FL PREPARED BY-. PREPARED FOR: The onn rook ea rust Sull4an i ers • = % Bea.c�n Ca ;tor IPai >_ ._.:r .T. p rke� ';Ftuhd Street'.. -. .::_-�:.•,: F�O�'Box.�659;_.: :....':: -�:.: =:�_�.'- ::..:�..:��:a':_:_�:� " �� " �.;• ;..T ..i Fec�erol '"Qsizryirl�:`�lfA U%o55 'v •, :. �ste>✓.v;lI MA .02655 _ Bgston MA 0"17"O- -Sus :+_8=334u:.( 7.t s ,.- .:... (SU�3)42v399j..CSoe)4?0-J995'."io■• DWG`.`: `C36'9 1. PS::h�E�.�a �cocesurvOcob�coif:'n r_ O .mow. .. ..:_ ... ....:.... ....._-:try �.._ ..: .. •i-ter 9 r.Ni• P 1 a • xo f � • - etrsnK� • r.+:�e vcc•.�•4.s Roue �nt.t,- .. aryl; .� •• � 9t+o ' ... � � • . . _ _ . .. ;ego. I+-^•� '��,�. .a t . 3Z Y`'!oa'Ostnu fee Fa�cc grraau Ic TO Imp a sezAv came soa-acr ; 6C xNG fAr-4 I� i .'K i' .,+• ^:i 1 _.., . .� '� � '\ 1 / - Ili I ;Lo. F:. � •a � ,•�� �.. . � .� Aso/ lh� i I .. , : A; p n -. _ L— T2 PC I+. r�I £•ern.: T / I^^ r..: - $NtOJ / J u• i ' f •1 �� I 6E : CA� �! I �� k i SKYLIGHT 1/2'BLUEBD.w/ PLASTER R38C BATT INSUL, . 7FQ IN ROOF RAFTERS (TYP.) 12 Renere Assotiete6 Inc. CEILING OPENIN AT ,ARnrtKy"61,, BEYOND SKYLIGHT 2 J4B clonORC.3 Street 12 80SIon,MA 02210 6F 7 ArnC A211 MIT)S-2.2111 FAX 342-2116 CONSULTANTS —, RECESSED II ,I II " `I .i;--; I: II II 'I ij I I' I i I 1 Sim. BOOKSHELF I �I II iI II I I !I �i I I.lI :i I ,� II I \\\ A202 A211 ` II q EI I 11 II II !' �I '' II ii I! IivooD:. I \ 1/4•SS CABLE I II II I -I: II 'I iI tl i 15CREEN \ (GUARD) mcrr ARNrrECT ACE •-----!_�!—�_�I' "_— 11 Y� STEEL BEAU .. ` x 13 - ��but SEE STRUCT. WGS. LMNG ROQU -^i \ TYP, `- A•A1 /I , t P SLOPE GRAN PIPE I•YIN. sl 1.4 WHITE !.ovFtn.Aw.em a i CEDAR SOFFIT 99005 BOARoS(rT.) I GRANITEI i - O JJP/RMR GRANITE MT[ BEYOND 9.9-99 V I OW BRICK TERRACE 1 ATTIC CtNG•9-14-99 1 11-t-99 A502 - RJBC INSUL.AT CONSTRUCTION FIRST FLOOR N I _ SW. GENERAL ISSUE 2-3-o0 e� GENERAL ISSUE 3-10-Op BASEMENT A302 REv 7 7-14-00 2•STYROFDAM INSULATION TOP OF FOOTING TO GRADE ADHEAR TO FOUNDATION WALL,TYP• .ROJFR BUILDING SECTION 185 OCEAN 2 1/4 . ,_D• VIEW 2.3'. 0 12'D.C. TXP- FXTFR_ IOR WA„ g EL. 46'-6 DRIVE WHITE CEDAR SNINMM SOUARED AND REBUTTED (2) 2,.6 TYYE1c (2)2.6'S 0 e'-0'O.C. • 1/2'.COX PLYWOOD SHEATHING . •22e STUDS 0 16'D.C. ((44)6i.3'S AT EACH COTUIT,MA r '6' R21 FIBERGLASS BAR INSULATION '6 YIL POLY VAPOR BARRIER ' 1/2'BLUE BONtO!RASTER iYPI(Al FLOOR ONSTRur71AAI BRICK PAVERS l� . •r"S11 FLOOR AS NOTED ON PLAN '3/4'COX PLYWOOD SJBIlOOR GLUED t NNLCO 2-8 (RµT�POST) oulrK •'*STS• REFER To FIUMINe P`A"S 2.6 EOCE SECTIONS BOS ' 1E FIBERGLASS GATT INSULATION AND FACE OF LEAVE 2'AR SPACE BETWEEN RADIANT AND INSULATION TUBING ::•T-� OR AS PER MANUFACTURER'S INSTRUCTIONS T-0' J-,^I~`• DETAILS ' 6 MIL POLY VAPOR BARRIER •SUSPENDED GYP. eo. CEILING SECTION AT TREIJ,ACE" "A BLUEBOARD AND RASTER i a C 11CALC '//4'=1'-0 1 G i y 2.6 P.T. EDGE � I eaao _ 1 • CAUSHEO LEDGE _ •.- - — — — — — — - .� '� .9;0KX_ftvm � C V REFER. 2.B'3 _ ,.-_' - A2.10 1 : a FLOOR. r-e'. r 09/05/01 WED 16:08 FAX 508 775 7877 EB NORRIS Z 002 To whom it may concern: Date: 7-23-01 Re: Leventhal house at 185 OceanView Ave. in Cotuit: Background: A. zoning cease and desist order was delivered to the builder of this home this past week because a generator and two condensers have been located within the side setback of 15 feet. The order mentions section 3-1.4 (5) bulk regulations and Section 7 definition of structure as a reason for the order. Limitation of argument: Zoning is the only issue here and not a violation of the Building Code.The Building Code does not concern itself with setbacks except for two erases, neither of which apply herc. 'VAiile the Building Code does consider all building connections as building parts, it does so because if it did not, no permit would be required to install them. This would create a safety problem any time a homeowner desired to add mechanical systems such as these_ Analysis: This issue is one that building inspectors have grappled with for decades in Massachusetts and is interpreted differently all around the State depending on the precise text of the local by-law. Local zoning is the ruling authority for setback requirements, and the leper of the local zoning bylaw is what is looked at for the answer most of the time. The basic question is whether setbacks are applied only to "buildings" or also to structures or other items which are not buildings such as service equipment and other accessory attachments. In order to analyze this question.we have to look at Barnstable zoning ordinances and take.a look at past practice to some extent. Barnstable zoning Section 2-3.2 states that: "no building shall be erected or altered to exceed the height or bulk, or to have narrower or smaller yards or other open spaces then herein requirrd, or in any other inunnor cuutrary to the provisions of this ordinance." It is clear from this statement that the zoning limits apply only to buildings and not to structures which are not buildings. This is not an unusual interpretation because setbacks are looked at in most cases after an as-built of the foundation location is submitted and 09/05/01 WED 16:08 FAX 508 775 7877 EB NORRIS �003 it is typically a foundation and occasionally a roof overhang which is measured for setbacks. This is how Barnstable checks it.This is how most Cape Cod towns check it. The reason an as-built of the foundation is the point that the Town looks at it, is because the structure of the home (building) is what is regulated. The Building Inspector cites the definition of structure in his cease and desist order probably for two reasons. One being that these accessories are clearly not buildings and the other is that the Barnstable Zoning by-laws does not include a definition of building_ In citing the definition of "structure" as opposed to building the Inspector did the best he could with a by-law which is not clear. We do not fault the inspector for his position, only disagree in his interpretation of the by-law he has chosen ash violation. Standard dictionary definitions define buildings to itiOudo what is under a mof. One Webster variation says building or structure meanings are synonymous when used together. This means that when talking about buildings or structures together,we mean houses or other roofed built up items, not machines.Additionally, in this case, all "mechanical items" are energy sources,which supply either electrical energy, electrical back up, central air conditioning or natural gas to the Leventhal house.This amounts to a much different picture than for oxamplc a deck or pool shed. An extreme position says that mechanical equipment such as condenser pm-s and generators are.-building Parts even if not within the building. This leads to logical absurdities also. If machinery such as this, which are attached to the building through electrical, gars or plumbing connections are considered building parts for setback reasons,then small light posts along the front walk way or in ground sprinkler systems or ornamental landscaping fountains would be violations of zoning too. In many cases when underground power is supplied to a house, an electrical hand hole (servicing box) must be placed at grade.These have never been found in need of a variance in Barnstable. Gas meters are another attachment that routinely are placed without meeting setbacks. In this case,there are two gas meters in the setback. Electrical transfer switches and disconnects are sometime-, Placed within the setbacks depending on the need.There are two in this case.These amount to a post and a switch above ground. These have never been cited before. One 09/05/01 WED 16:09 FAX 508 775 7877 EB NORRIS 2004 common thread here is that none of these items require a building permit but instead require wiring, gas or plumbing permits. In the period from 1994 to 2000 while I served as Building Commissioner for the Town of Barnstable, I neveK required peripheral attachments to buildings or other structures that are not buildings to observe setbacks.This position was consistent with Barnstable By-law language then and now. What we did instead was to take safeguards to abate any noise that these may cause with sound fencing or screening. The conclusion bore is that Barnstable zoning setbacks apply to buildings as I mentioned before, not structures, which are not buildings.This is why flag poles, fences, mailboxes, gas meters, electrical products and similar structures have never been cited in Barnstable or most other towns for that matter. Once'you begin to require these sorts of items to observe setbacks, you must go all the way and consider all structures which are not buildings, in violation of zoning too,which would violate most of Oyster Harbors if it was put in place within the past 6 yews. Ralph M. Crossen Eagle Consulting BOx 43 Hyannis Port,Mass. 02647 BARNSTABLE ZONING BOARD OF APPEALS APPEAL FROM DECISION OF THE ZONING ADMINISTRATOR J APPLICANT - PETITIONER: MARK LEVENTHAL PROPERTY LOCATION: 185 Ocean View Avenue, Cotuit October 2, 2001 MEMORANDUM IN SUPPORT OF APPLICANTS REQUEST FOR RELIEF Applicant requests the Zoning Board of Appeals overrule the building commissioner in regard to a Cease and Desist Order issued on July 10 , 2001, whereby the commissioner ruled that an electric generator existing on his property violates 3-1 .4 (5) Bulk Regulations : Setbacks in RF Zone are 30 ' from front and 15 ' from sides and rear. Section 7 Definitions, page 161 structure . Essentially, the commissioner has ruled that a generator (mechanical system) is not permitted to exist within the building setback areas . The existing generator is not a "building. " Therefore, there exists "no authority in the building commissioner to order its removal . ARGUMENT Both the "building" and "structure" appear in the Barnstable Zoning Ordinance (hereinafter referred to as "BZO" ) . Although the term "structure" is defined in the BZO, the. word "building" is not . Although the BZO does not define the term "building G.L. c . 143, §1 does . There, a building is defined as "a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property. " The common definition of the term building is "a sT " relatively permanent, essentially boxlike construction having a roof and often enclosed with windows and enclosing within its walls space, usually on more than one level, for any wide variety of activities, as living, entertaining, manufacturing, etc . " The Random House Dictionary of the English Language, Unabridged Edition. The Board must adhere to the statement that " [t] he word 'building ' cannot be held to include every species of erection on land. " Truesdell v. Gay, 13 Gray 311, 312 (1859) . The governing and controlling section of the BZO which dictates what is prohibited within setback areas is Section 2- 3 . 2 . It states : "No building (emphasis added) shall be erected or altered to exceed the height or bulk, or to have narrower or smaller yards or other open spaces then herein required, or in any manner contrary to the provisions of this ordinance . " Nowhere in the BZO is there any reference to a prohibition on the erection or maintenance of a "structure" or mechanical systems in setback areas . Since there is no reference to "structures" in the bulk requirements of the BZO, the only reasonable construction and interpretation of the language indicates that "structures" would not be prohibited in a setback area. The bulk regulations do not regulate the use of land, except so far as it has a building thereon. Therefore, to conclude that a generator is excluded, it would be necessary to establish that the generator comes within the meaning of the term "building" It does not . It is true that a generator is in a sense "something constructed or built" (dictionary definition) . But in the zoning regulation, at least in the absence of a statement of 2 f broader intent, the term "building" does not include a mechanical structure for the purpose of furnishing electricity to a residence . Assuming, for the sake of argument, that there is an inconsistency or ambiguity in the BZO, it must be resolved by adopting the least restrictive interpretation. See 5 Rohan, Zoning and Land Use Controls, § 36 . 03 [2] (1981 & Supp. ) . Bell v. Zoning Bd. of Appeals of Cohasset, 14 Mass .App.Ct . 97, 437 N.E . 2d 532 (Mass .App. Ct . , Jun 30, 1982) (NO. NOR 81-912) If, in the unlikely event, that it was. intended that the BZO include prohibitions on mechanical systems and/or structures in setback areas, the ordinance (Section 2- 3 . 2) could and should have provided for same . Without the reference to such within the ordinance, the building commissioner had no legal authority to order the generator removed. He has exceeded his authority and his administrative decision must be overruled. Applicant/Petitioner, By his Attorney, J n R. Alger sq. Parker Roa .0. Box 449 9Osterville, MA 02655 508-428-8594 3 I •~ Town of Barnstable Planning Division - Staff Report Appeal 2001-115—Leventhal Appeal of the Building Commissioner Mechanical Systems not in Conformance to Required Setbacks Date: October 01,2001 To: Zoning Board of Appeals Art Traczyk,Principal Planner Petitioner: Mark Leventhal Property Address: 294 Pine Ridge Rd.,Cotuit,MA Assessor's Map/Parcel: Map 006,Parcel 064 Zoning: Residential F Zoning District AP-Aquifer Protection Overlay District RPOD—Resource Protection Overlay District Filed:July 19,2001 Hearing:October 03,2001 Copy of Public Notice: Mark Leventhal has appealed the July 10, 2001,order of the Building Commissioner. In that notice,the Commissioner ordered the cease and desists of mechanical systems located not in conformance to the required setbacks for the district. The property is show on Assessors Map 033,Parcel 016 addressed 185 Ocean View Avenue, Cotuit,MA in a Residential F Zoning District. Background& Review: Appeal 2001-115 is an appeal of the Building Commissioner July,10,2001 decisions that mechanical systems accessory to the dwelling are in violation of required setbacks. According to the Assessor's Record,the property at issue is a 1.56-acre parcel. The lot was issued Building Permit 40438 on August 03, 1999 for the redevelopment of the site with a new 6,975 sq.ft. five-bedroom single- family dwelling. That dwelling replaced the 1983 built structure of 2,166 sq.ft. four-bedroom single-family dwelling and a 480 sq.ft. attached garage. The new dwelling is two and one-half stories. From information supplied,it appears that an emergency electric generator as well as air conditioning units were installed on the property to the southwest corner of the lot,within the required front and side yard setbacks. The exact location and extent of infringement has not been documented. The equipment was never sited on any development plan presented to the Building Division. However,it is evident that the equipment is located within the required 15 foot side and 30 foot front yard setbacks imposed in the Residential F Zoning District. Staff Review: In Section 7 of the Zoning Ordinance it defines structure as "Any production or piece of work,artificially built up or composed of parts and joined together in some definite manner,not including poles, fences and such minor incidental improvements." It is important to note that the term structure is a broader term than "building"t Source—Scott vs.Board of Appeals of Wellesley,356 Mass. (1969) -In this case, it was upheld that a swimming pool,although flush with the ground is a structure and subject to setback regulation. f Planning Division-Staff Report It is staffs opinion that an electric generator is certainly not a minor incidental improvement to a site. That unit should have been shown in any proposed site plan to be approved. Emergency generators are discussed in the Groundwater Protection section of the Ordinance with reference to the storage of petroleum products. Generators of this nature are customary to business and industrial operation and can be found in several site plan reviews for those uses2. With refe rence to both the electrical generator and the air conditioning g o ttonmg units it should be noted that Section 2- 6.1 (1),Prohibited Uses specifies,"The following uses are prohibited in all zoning districts: 1)Any use which is injurious,noxious.or offensive by reason of the emission of odor, fumes, dust, smoke,vibration,noise,lighting or other cause." In this case, the air conditioning units appear to be located some distance for the dwelling. For energy efficiency,these mechanical units are usually placed adjacent to the foundation (3—4 feet off for venting purposes). If the units were to be located a further distance then`normal', then that too should have been called out on the site plan for clarification.. This is an appeal of the Building Commissioner decision. The Board is required to review this issue with reference to the Zoning Ordinance and to rule, either"reverse or affirm in whole or in part" that decision of the Building Commissioner. Copies: Petitioner/Applicant Attachments: i 3 � 2 Note—Staff has submitted a copy of a January 25, 1999 Site Plan Review for Infmium Software Corporation in which an electrical back-up generator was being proposed as documentation that they are reviewed as part of the plan and are not minor or incidental improvements. 2 12-3 Application of District Regulations Regulations within each district established herein shall be applied tuniformly to each class or kind of structure or use. 2-3 :1 Conformance to Use Regulations: No building shall be erected or altered and no building or premises shall be used for any purpose i except in conformity with all of the regulations herein specified for the -district in which it is located. i 2-3 .2 Conformance to Bulk and Yard Regulations: No building shall be erected or altered to exceed the height or bulk, or to have narrower or smaller yards or other open spaces than herein required, or in any other manner contrary to the provisions of this ordinance . i 2-3 .3 Lot Size Requirements: Wetlands shall not be included in the lot area (sq. ft . ) requirement for zoning compliance. 2-3 .4 Lot Shape Factor/Residential Districts: To meet the minimum area requirements in Residential Districts, a lot must be a closed plot of land having a definite area and perimeter and having a shape factor not exceeding the numerical value of 22, except that a lot may have a shape factor exceeding 22 if the proposed -building site is located on a portion of a lot that itself meets the minimum lot area requirement and has a shape factor not exceeding 22 and such lots shall not be created to a depth greater than two (2) lots from the principal way. - F 2-3 .5 : Contiguous Upland Required: In addition to the requirements of Section 2-3 .3 herein, all lots shall have One Hundred percent fT (l00%) of the minimum required lot area as contiguous upland. 2-3 .6 Number of Buildings Allowed Per Lot: '. 1) Residential Districts : Unless otherwise specifically in residential districts, only one provided for herein, with Qi principal permitted building shall be located on a single lot . , 2) All Other Districts : In all other districts, any number of buildings may be located on a single lot provided, however, that all regulations for .the district in which such buildings are located are complied with, including percentage lot coverage if applicable. 2-3 .1 Setbacks from Wetlands/Great Ponds: In addition to the setbacks established hereinafter, the following shall. also apply: 1) All construction, with the exception of elevated stairways, decks, driveways, fences and water-dependent structures such as piers and marina facilities, shall be set8 back a minimum of. thirty-five (35) feet from wetlands . . 174 (Amended by unanimous roll call vote of Town ,Council on item 99-056 on March 11, 1999) Story: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above and having at least one-half (1/2) its height above grade . (Amended 10/7/93-#94-017 T.Council vote) , Structure: Any production or piece of work, artificially built up or composed of parts and joined together in some definite manner, not including poles, fences and such minor incidental , improvements . Tent: A temporary shelter with a frame supporting a cloth or similar flexible covering, without a fixed location, foundation or permanent I anchors . (Added by Town Council vote on 2122196 as item #95-194 -by a 9 Yes 2 No roll call vote. ) Upland: All lands not defined herein as wetlands. Very Small Quantity Generators : Those operations that generate less than 26 gallons or 220 lbs of dry weight of hazardous waste per month and no acutely hazardous waste as defined in 310 CMR 30 . 00 . (Added 8/19/93 Item #93-105 - T.Council vote) Wetlands: The land under the ocean or under any bay, lake, pond, river, stream, creek or estuary; any wet meadows, marshes, swamps, bogs,. areas where high groundwater, flowing or standing surface water or ice provide is a significant part of the supporting substrata for a plant community for . at least five (5) months of the year, lowland subject to any tidal action or annual storm flooding or flowage, or any flat, beach, dune or other shifting sand formation. (A group of definitions dealing with adult entertainment were added by a I' 10 Yes 1 No roll call vote on 614198 by •the Barnstable Town Council on item 98-064) . APPENDICES f i CHAPTER 2 • DEFINITIONS 780 CMR 201.0 GENERAL Admixture: See 780 CMR 1902.0. 201.1 Scope:Unless otherwise expressly stated,the following words and terms shall,for the purposes of Aerosol: See 780 CMR 307.2. 780 CMR;have the meanings shown in 780 CMR 2. Aerosol container: See 780 CMR 307.2. 201.2 Interchangeability: Words used in the present tense include the future;words used in the Aisle accessway: See 780 CMR 1002.0. masculine gender include the feminine and neuter, the singular number includes the plural and the Alarm verification: See 780 C.NL M 902.0. plural the singular. Alteration: A change or mod:;fication of a building 201.3 Terms defined in other codes:Where terms or structure, or the service equipment thereof, are not defined in 780 CMR and are defined in the that affects safety or health and that is not plumbing(248 CMR),fire prevention(527 CMR)or classified as an ordinary repair. BOCA mechanical codes or other reference Stan- dards listed in Appendix A, such terms shall have Alternating tread stairway: See 780 CMR 1002.0. the meanings ascribed to them as in those codes. Alternate Inspector. A person appointed to act in 201.4 Terms not defined: Where terms are not the absence of the inspector of buildings or defined through the methods authorized by building commissioner in case of illness, 780 CMR 201.0,such temps shall have the ordinarily disability, or conflicting interest An alternate accepted meanings such as the content implies. inspector shall meet o� exceed the minimum qualifications defined by M.G.L c 143,§3 for 201.S Applications of other laws:Nothing herein an inspector of bui0ngvbuffifing commissioner contained shall be deemed to nullify any provisions and shall be certified in accordance with of the zoning by-laws or ordinance of any 780 CMR R7. See also 780 CMR lOS.2 municipality in the Commonwealth of Massachusetts insofar as those provisions deal Anchor See 780 CMR 2102.0. exchisively with those powers of regulating zoning granted by the provisions of M G.L c 40A and 41 Anchor Store: See 780 CMR 402.2. or St 1956,c 665,as amended . Approval;- When used in 780 CAM 35 for 780 CMR 202.0 GENERAL DEFINITIONS manufactured buildings or building components, approved by the State Board of Building Acceleration: See 780 CMR 16i2.3. Regulations and Standards, hereinafter known as the BBRS Accepted engineering practice: That which conforms to accepted principles,tests or standards Approved agency: See 780 CMR 1702.0. of nationally recognized technical or scientific authorities. Approved material, equipment and methods: Material, equipment and methods evaluated and Accessible: See 780 CMR 1101.0 _ approved(see 780 CMR 109.0). Accessible route:See 780 CMR 1101.0.' Approved rules: The legally adopted rules Hof the code official.(see 780 CMR 106.0): Accessory structure: A building,the occupancy of which is incidental to that of the main building, Appurtenant structure: A device or structure that is located.on the same lot as the main attached to the exterior or erected on the roof of a building: building designed to support service equipment or used in connection therewith. or for advertising or Adaptability: See 780 CMR 1101.0. display purposes,or other similar uses. Addition: An increase in building area, aggregate Architectural terra cotta: See 780 CMR 2102.0. floor area, height or number of stories of a structure(see 780 CMR 3400.3(4)). Area,building: See 780 CMR 502.0. 9/19/97(Effective 2/28/97)-corrected 780 CMR-Sixth Edition . 35 I� 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE Area,gross cross-sectional:See 780 CMR 2102.0. 1� � Building Code Enforcement Official. The term Areaway (form of construction): See 780 CMR used to collectively refer• to Inspector of 3203.2. Buildings,Building Commissioners,and Local Inspectors. All building code enforcement Attic: See 780 CMR 1202.0. officials shall meet or exceed the minimum qualifications for the position as defined by Automatic:See 780 CMR 902.0. M.G.L. c.143, § 3 and shall be certifed in accordance with 780 CMR R7. Automatic fire suppression system:See 780 CMR 902.0. Building Commissioner:The Administrative chief. of the building department in a municipality who Barricade:See 780 CMR 307.2. is charged with the administration and enforcement of 780 CMR (See also "Inspector Base:See 780 CMR 1612.3. of Buildings"and 780 CMR 105.0). AU building commissioners shall meet or- exceed the Base shear: See 780 CMR 1612.3. minimum qualifications for the position as defined in M.G.L.c.143§3 and shall be certified Basement:See 780 CMR 502.0. in accordance with 780 CMR R7. Bay(part of a structure):See 780 CMR 1612.3. 'BuUdingComponent:Anysubsystem,subassembly, or other system designed for use in or as part of B.B.R.S: (Massachusetts) Board of Building a structure having concealed elements such as Regulations and Standards. electrical, mechanical, plumbing and fire protection systems and other systems protecting Bed joint:See 780 CMR 2102.0. health and safety. Bleachers: See 780 CMR 1002.0. Building,existing:Any structure occupied prior to the date of adoption of the appropriate code, or Blocked diaphragm:See 780 CMR 2306.2. one for which a legal building permit has been issued (See also 780 CMR 3400.3.1). For Boiling point:See 780 CMR 307.2. purposes of energy conservation requirements,a building which has been legally occupied and/or Box system:A structural system where the vertical used for a period of at least five years. load is carried by bearing walls and structural framing and where the lateral stability and Building line:The line established by law,beyond lateral force resisting system consists of shear which a building shall not extend, except as walls or braced wall specifically provided by law. Brick Building service equipment: The mechanical, Calcium silicate brick(sand lime brick):.See electrical and elevator equipment including 780 CMR 2102.0. piping, wiring, fixtures and other accessories, Clay or shale:See 780 CMR 2102.0. which provides sanitation, lighting, heating, Concrete brick:See 780 CMR 2102.0 ventilation, fire protection and transportation Hollow brick:See 780 CMR 2102.0. facilities essential for the habitable occupancy of the building or structure for its designated Building:A structure enclosed within exterior walls occupancy. or firewalis, built, erected and framed of a combination of any materials,whether portable Building site: The area occupied by a building or or fixed having a roof,to forma structure for structure,including the yards and courts required the shelter ojpersons,animals or property. For ' for light and ventilation,and such areas that are the purpose of this definition, "roof' shall Pre for access to the street include an awning or similar covering,whether or not permanent in nature. The word"building Bulk Merchandizing Retail Building. (See shall be construed where the context requires as 780 CMR 42d 0.) Mercantile Buildings where though followed followed by the words"or parts sales areas contain: thereof": For application of 780 CMR, each 1. Combustible materials in piles greater portion of a building which is completely than 12 feet in height, or combustible separated from other portions by fire walls materials on pallets, in racks or on shelves complying with 780 CMR 707.0 shall be where the top of storage is greater than 12 considered as a separate building. feet in height,or 36 780 CMR-Sixth Edition 2/20/98 (Effective 3/1/98) r 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE Specialized code: All building codes, rules or HPM cutoff room:See 780 CMR 416.2. regulations pertaining to building construction, HPM inside room:See 780 CMR 416.2. reconstruction,alteration,repair or demolition . promulgated by and under the authority of the Story:See 780 CMR 502.0. various agencies which have been authorized from time to time by the General Court of the Story above grade:See 780 CMR 502.0. Commonwealth of Massachusetts. Story drift ratio:See 780 CMR 1612.3. Sprinkler:See 780 CMR 902.0 Story.shear:See 780 CMR 1612.3. Sprinkler system,automatic:See 780 CMR 902.0. Street: A public thoroughfare (such as a street, Sprinkler system, limited area: See 780 CMR avenue or boulevard) which has been dedicated 902.0. for public use. Stack bond:See 780 CMR 2102.0. Structure: A combination of materials assembled at. a fixed location to give support or`shelter,such as Stage:See 780 CMR 412.2. a building, framework, retaining wall, tent, reviewing stand, platform, bin; fences over six Stage,legitimate:See 780 CMR 412.2. feet high, sign, flagpole, recreational tramway, roast for radio antenna, or the like. The word Stage,regular:See 780 CMR 412.2. "structure"shall be construed,where the context requires, as though followed by the words, "or Stage,thrust:See 780 CMR 412.2. part or parts thereof." Stairway:See 780 CMR 1002.0. Structure,existing:A structure erected prior to the date of adoption of the appropriate code or one for Standpipe system:See 780 CMR 902.0. which a legal building permit has been issued. See 780 CMR 34 for further information State Building Code: The Massachusetts State regarding existing buildings. Building Code and amendments and rules and regulations thereto as promulgated by the State Supervisory device:See 780 CMR 902.0. Board of Building Regulations and Standards, under M.G.L c.143§§93 through 100. Through-penetration protection system: See 780 CMR 702.0. State Inspector. An employee of the Division of Inspection, State Department of Public Safety, Tie,wall:See 780 CMR 2102.0. who . is charged with administrating and enforcing 780 CMR relative to any structure or Tile:See 780 CMR 2102.0. building or parts thereof that are owned by the Commonwealth or any departments, Tile,structural clay:See 780 CMR 2102.0. commissions, agencies or authorities of the Commonwealth. The state inspector is also Tires,bulk storage of:.See 780 CMR 307.2. charged with supervising the enforcement of 780 CMR relative to all buildings and structures Travel Trailer. A vehicular, portable structure other than those owned by the Commonwealth. built on a chassis and designed to be used for See also 780 CMR 107.0. temporary occupancy for travel,recreational or vacational use;with the manufacturer's perm- Steel construction, cold-formed: See 780 CMR anent identification "Travel Trailer,"thereon; 2202.0: and when factory equipped for the road,being of any length provided its gross weight does not Steel joist:See 780 CMR 2202.0. exceed 4500 pounds,or being of any weight pro- vided its overall length does not exceed 28 feet. Steel member,structural:See 780 CMR 2202.0. Use group: The classification of an occupancy in Stone masonry:See 780 CMR 2102.0. accordance with 780 CMR 302.1. Stone masonry,ashlar:See 780 CMR 2102.0. Vapor retarder:See 780 CMR 1202.0. Stone masonry,rubble:See 780 CMR 2102.0. Ventilation:See 780 CMR 1202.0. Storage room, RPM, separate inside: See 780 CMR 416.2. 44 780 CMR-Sixth Edition 11/27/98 DEFINITIONS 202 { RELIGIOUS, CULTURAL AND FRATERNAL ACTIV. which affords the principal means of access to two or more ITY. A use or building owned or maintained by organized sites._ religious organizations or nonprofit associations for social, y civic or philanthropic purposes,or the purpose for which per- STRUCTURE.That which is built or constructed,an edifice sons regularly assemble for worship. . or building of any kind,or any piece of work artificially built up RENOVATION.Interior or exterior remodeling of a structure, or composed of parts joined together in some definite manner. other than ordinary repair. RESTAURANT.An establishment that sells prepared food for SUBDIVISION.The division of a tract,lot or parcel of land consumption.Restaurants shall be classified as follows: into two or more lots,plats,sites or other divisions of land. Restaurant,fast food.An establishment that sells food al- ready prepared for consumption, packaged in paper, THEATER.A building used primarily for the presentation of live stage productions,performances or motion pictures. styrofoam or similar materials,and may include drive-in or drive-up facilities for ordering. Restaurant, USE.The activity occurring on a lot or parcel for which land or uran t,general. An establishment that sells food for a building is arranged,designed or intended,or for which land consumption on or off the premises. I or a building is or may be occupied, including all accessory Restaurant,take-out.An establishment that sells food only uses. for consumption off the premises. SCHOOL,COMMERCIAL.A school establishment to pro- USE,CHANGE OF.The change within the classified use of a vide for the teaching of industrial,clerical,managerial or artis- structure or premise. tic skills.This definition applies to schools that are owned and operated privately for profit and that do not offer a complete ed- USE,NONCONFORMING.A use that lawfully occupied a ucational curriculum(e.g.,beauty school or modeling school). building or land at the time this code became effective,which SETBACK. The minimum required distance between the has been lawfully continued and which does not now conform property line and the building line. with the use regulations. SIGN. An advertising message, announcement, declaration, USE,PRINCIPAL.A use that fulfills a primary function of a demonstration,display,illustration,insignia,surface or space household,establishment,institution or other entity. erected or maintained in view of the observer thereof for identi- fication,advertisement or promotion of the interests of any per USE,TEMPORARY.A use that is authorized by this code to son,entity,product or service,including the sign structure,sup- be conducted for a fixed period of time. Temporary uses are ports,lighting system and any attachments,ornaments or other characterized by such activities as the sale of agricultural prod- features used to draw the attention of observers. ucts,contractors'offices and equipment sheds,fireworks,car- SIGNS, COMMUNITY. Temporary, on- or off-premises nivals,flea markets,and garage sales. signs,generally made of a woven material or durable synthetic materials primarily attached to or hung from light poles or on VARIANCE.A deviation from the height,bulk,setback,park- buildings.These signs are solely of a decorative,festive and/or ing or other dimensional requirements established by this code. informative nature announcing activities,promotions or events with seasonal or traditional themes having broad community WAREHOUSE,WHOLESALE OR STORAGE. A build- interest, and which are sponsored or supported by a jurisdic- ing or premises in which goods,merchandise or equipment are tion-based nonprofit organization. stored for eventual distribution. SITE PLAN.A plan that outlines the use and development of any tract of land. YARD.An open,unoccupied space on a lot,other than a court, STORY.That portion of building included between the upper `'Which is unobstructed from the ground upward by buildings or surface of any floor and the upper surface of the floor next structures,except as otherwise provided in this code. above,except that the topmost story shall be that portion of a building included between the upper surface of the topmost YARD,FRONT.A yard extending across the full width of the floor and the ceiling or roof above.If the finished floor level lot, the depth of which is the minimum horizontal distance directly above a usable or unused under-floor space is more between the front lot line and a line parallel thereto. - than 6 feet(1829 mm)above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet YARD,REAR.A yard extending across the full width of the (3658 mm)above grade as defined herein at any point,such us- lot, the depth of which is the minimum horizontal distance able or unused under-floor space shall be considered as a story. between the rear lot line or ordinary high water line and a line STREET. Any thoroughfare or public way not less than Parallel thereto. 16 feet(4877 mm)in width which has been dedicated. YARD,SIDE.An open,unoccupied space on the same lot with STREET,PRIVATE.A right-of-way or easement in private the building and between the building line and the side lot line, ownership, not dedicated or maintained as a public street, or to the ordinary high water line. 2000 INTERNATIONAL ZONING CODE" 11 e ra r� m Postage $ HYAiy Iru Certified Fee ✓/ N/sip MI u� Postm rq Return Receipt Fee C + Here N (Endorsement Required) O Restricted Delivery Fee } O (Endorsement Required) p d id Total Postage&Fees (LJ [�3 Ld Recipient's Name (Please Print CI erly)(�o to mayys�) Street,Apt.No.;or PO Box No. ------ ---------------------------- o S ------------------ r%- C State,ZI +4 il O Certified Mail Provides: a A mailing receipt a A unique identifier for your mailpiece m A signature upon delivery a A record of delivery kept by the Postal Service for two years 'Important Reminders: a Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. a Certified Mail is not available for any class of international mail. .a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. 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IL PS Form 3800,February 2000(Reverse) 102595-00-M-1489 ai SENDER: I also wish to receive the o ■Complete items 1 and/or 2 for additional services. following services(for an rn ■Complete items 3,4a,and 4b. m ■Print your name and address on the reverse of this form so that we can return this extra fee): i card to you. d ■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressees Address ■Write permit.ri e"Return Receipt Requested"on the mailpiece below the article number. 2.❑ Restricted Delivery N 4). ■The Return Receipt will show to whom the article was delivered and the date ., delivered. Consult postmaster for fee. fl 0 3:Article Addresse to: 4a.Article Number � 0 �7s D �l d/ 4b.Service Type I C ❑ Registered Certified u N a��, ��' El Express Mail El insured w ❑ Return Receipt for erchandise ❑ COD ion AC: D��v 7.Date of v �o I 0 cc 5.Rec ed B : ri N me) 8.Addresse s ress(Only if requested Y t l and fee paid) 6.Signature: (A resse or Agent) L f( LIL11 1 L, I• el 1 w iiPS'Form 3 1,Decembe0664t`` " `ti"''1625M-96-B-o22s Domestic'Return Receipt t =: E ..f _ 11iiff f ! ii i 1. 11f { UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 O Print your name, address; and ZIP Code in this box C Tea n Of BOWAN BasIding Division Z Main St. Hyannis,MA 02601 ;, 1 III III iI M I liiillii I iiiiiitlildI iiiitiiiii Hill IIIIiti3iiii y 4'� 4 �. . `J ` .M y �y Z �• �'f 6 5�� ny. qr*' ��# , 'i` r t L JI 1 �, � � �� - _ � � Wit.- �._'. . 'Y� t �f _i` i I I own o Regulatory Services , oF'THE Tqs, Thomas F.Geiler,Director do Building,Division BAMSTABLL Peter F.DiMatteo, Building Commissioner 9 ►ss m� 367 Main Street, Hyannis,MA 02601 i639. QED MA'S� Office: 508-862-403 8 Fax: 508-790-6230 . Notice of Zoning Ordinances Violations).and Order to Cease, Desist and Abate: Mr.Mark Leventhal/Beacon Company's, 2 Oliver St.Boston,MA 02109 and all persons having notice of this order. As owner/occupant of the premises/structure located at 185 Ocean View Cotuit,MA.,assessor's Map 033,Parcel 016,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,July 10,2001 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: 3-1.4(5)Bulk Regulations: Setbacks in RF Zone are 30' from front and 15' from sides and rear. Section 7 Definitions,page 161 structure. 2. COMMENCE within seven(7)days,action to.abate this violation. SUMMARY OF ACTION TO ABATE: Move mechanical systems to comply with zoning setbacks. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law,requires will be taken.. By order, a Mitchell A.Trott Local Inspector MAT/er enclosure certified mail#7000 0520 0021 8281 3711 Q/010710a .sUL 16 101 08:14AM BEACON H2O MATRIX 617 422 044 P.2 I uwn ui .Darns-table Regulatory Services Thomas F.Geiler,Director C& Building Division ' Peter F.DiMatteo, Building Commissioner WAM r6 �t► 367 Main Street, Hyannis,MA 02601 " Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Holation(s) and Order to Cease, Desist and Abate: Mr,Mark Leventhal/Seaeon ConTany's, 2 Oliver St.Boston,MA 02109 and all persons having notice of this order. As owacrloccupant of the pxewisrs/structuxu located at 185 Ocean View Cotuit,MA.,assessor's Map 033,Parcel 016,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinauocs aad aw ORDERED this date,July 10,2001 to; 1. CEASE AND n9615 ' DIATELY all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: " 3-1.4(5)Bulk Regulations: Setbacks in RF Zone ate 30'from front and 15'from sides and rear. Section 7 Definitions,page 161 structure.. 2. COMMENCE within seven(7)days,action to abate this violation. SUMMARY OF ACTION TO ABATE: Move mechanical systems to comply with zoning setbacks. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filling an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts genera!Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. By order, Mitchell A.Trott Local Inspector MAT/er certified mail mail#7000 0520 0021 82813711 Q/oi07tos i JUL 16 '01 08:14AM BEACON H2O MATRIX 617 422 0442 PAGI ,rsonal Tireless 38-vvioe Fsa �xadioaservices,cilities funlor picensedlwirclesss ?rvice including commercial. mobile � ,rvices and common carrier wirelesg6exchange d b votecess eoni6/.�/99 off 99ed � $ y the Telecommunications Act of 19 t 74A *by Town Council vote of 8 Yes 1 no) *tail: The term "retail" shall not be construed to include Lestaurant. " 6 street line and the front building line -� r ®tback: The distance between a building or structure, projected to the si�rdlseba�ksthe ; �e f a principal ot. where a lot abuts on more than one street, front y hall apply from all streets. ;hap® Factor (Lot Shape Factor) : The numerical value resulting from: (a) division of the square of the perimeter in feet of a lot by the area in square feet thereof; or € . s f a ot (b) division of the perimeter buildinn byethef arheatinortiOn squareofeetlthereof . intended as the si _ or g 3ig'n: See Section 4­3 herein. Specimen Trees: A native, introduced or naturalized tree hich on asis - Any sufficiently well grown to be an important visual element tree with a dbh. of 6" or greater is eligible to bo considered a specimen � tree. Trees that have a small height at maturity, or are slow growing► rican holly With a dbYi of 4" or larger, such as a flowering dogwood or ame are eligible to be considered specimen trees . (Amended by unanimous roll call vote of Town Council on item 99-056 on March 11, 1999) story: That portion of a building 'included between the upper surface of a fluor and the upper surface of the floor or roof next above and having , at least one-half (1/2) its height above grade. (Amended 10/7/93-#94-017 T.Council vote) Structure: Any production or piece of work, artificially built up or composed of parts and joined together in some definite manner, not ` including poles, fences and such minor incidental improvements. Teat: A temporary shelter with a frame supporting a cloth or similar flexible covering, without a fixed location, foundation or permanent anchors. (Added by Town CoLincfl vote on 2122196 as item #95-194 - by a 9 Yes 2 No roll call vote.) Upland: All lands not defined herein as wetlands . f JUL 16 '01 08:15AM BEACON H2O MATRIX: 617 422 0442 P.4 d.. 4) Special Permit Uses: The following uses are permitted as i special permit uses in the RC-1 and RF Districts, provided a Special, Permit is first obtained from the Planning Board: A) Open Space Residential Developments subject to the provisions of Section 3-1. 7 herein. 5) Bulk Regulations: ZONING MIN.LOT MIN.LOT MIN.LOT MINIMUM YARD MMIMUM BLDG. DISTS. AREA FRONTAGE WIDTH SETBACKS IN FT. HEIGHT IN FT. SQ. FT. IN FT., IN FT. --------------- FRONT SIDE REAR RC-1 43560** 125 --- 30 # 15 15 30 RE, 43560** 150 30 # 15 15 30 * Or two and one-half (2-1 ) StoX`iea-7 ;rj=hever .13 leasser_ ** a minimum lot area of 87, 120 square feet is required in RPOD Overlay Diotrict. (Added by 11 yes roll call vote of the Town Council on Oct. 26, 2000) # 100 Ft. along Routes 28 and 132 . ' I . t i LAW OFFICES OF JOHN R. ALGER, P.C. ATTORNEY AT LAW S PARKER ROAD P. 0. BOX 449 OSTERVILLE, MA 02GS5-044S TELEPHONE(SOB) 42B-85g4 FAX(50B) 420-aI62 July 18, 2001 Mr. Peter F. DiMatteo Building Commissioner To.NT.of Barnstable 367 Main Street Hyannis, MA 02601 Re: Cease &Desist Order - 185 Ocean View Avenue, Cotuit, MA Dear Mr. DiMatteo: I am in receipt of a Cease &Desist Order, a copy of which I received as attorney for Mark Leventhal. I am totally amazed by this Order since it is a drastic change in the interpretation of structures within the Town. I had previously discussed this matter with your predecessors and was of the opinion that generators,pool equipment, air conditioning equipment and the such do not constitute structures and have never been treated as such by the Building Department. I would therefore like an opportunity at your earliest convenience to meet with you and Gloria Urenas, your enforcement officer, who is I think familiar with these matters. If you would call my office at the above number to schedule a meeting with you. Very truly yours, JRA/db Enclosure LAW OFFICES OF JUL 2061 JOHN R. AEGER, P.C. ATTORNEY AT LAW `Q S PARKER ROAD `"� 4ummum rm- P. O. BOX 449 OSTERVILLE, MA 026SS-0449 TELEPHONE (SOS) 428-8594 FAX(S08) 420-3ie2 July 23, 2001 Mr. Peter DiMatteo Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Dear Mr. DiMatteo: I enclose herewith a copy of my appeal to the Board of Appeals in regard to the cease and desist order in Cotuit. Ve truly yours, dr i JRA/bt Enclosures ,� ._�Ji� I V I TOWN OF BARNSTABLE J Zoning Board of Appeals Q Application for other Powers r't aterReceived For office use only: I j --► ( r7ig lerk office Appeal I z CO Hearing Date U' Decision Due ' ® .The undersigned hereby applies to the Zoning Board.of Appeals for the reasons _.._ =._._.._Indicated: Applicant Name: Mark Leventhal Phone 617-574-1100 Applicant Address: c/o The Beacon Companies, Two Oliver St. , Boston, Massachusetts 02109 Property Location: 185 Ocean View Avenue, Cotuit This is a request for: ] ] Enforcement Action [� Appeal of Administrative officials Decision [ ] Repetitive Petitions [� Appeal from the Zoning Administrator [ ] other General Powers - Please Specify.- Please Provide the Following Information (as applicable) : J. Robert Casey & Alan Leventhal, Trustees Property owner: Bonnybrook Realty Trust , Phone Address of owner: c/o Mark Leventhal,' The Beacon Companies, Two Oliver St. Bosun, TIA If applicant differs from owner, state nature of interest: 02109 Applicant was named in Cease and Desist Order and is q beneficiary of the trust. Assessorls .Map/Parcel Number 33/1.6 Zoning District RF Groundwater-overlay District AP which Section(s) of the Zoning ordinance and/or of HGL chapter 40A are you appealing to the .Zoning Board of Appeals? 3-1 4(5) Bulk Regulations - Setbac]�G Definitions in Section 7 Existing Level of Development of the Property - Number of Buildings: 1 Present Use(s) : House under construction Gross Floor Area: Application for Other Powers Nature & Description of Request: Petitioner seeks to overrule the building commissioner in regard to a Cease and Desist Order issued on July 10, 2001 claiming generator to be a structure which is not .in accordance with the previous rulings in the Town of Barnstable. Petitioner seeks to maintain generator in existing location. Attached separate sheet if needed. is the property located in an Historic District? Yes (] No [xj If yes OKH Use only: Plan Review Number Date Approved is the ,building a designated Historic Landmark? Yes [ ) No �] Tf yes Historic Preservation Department use Only: " Date Approved Has a building permit been applied for? Yes [x) No [] Has the Building Inspector refused a permit? Yes [) No [�] Has the property been before Site Plan Review? Yes [] . No �] For Building Department Use only: Not Required - single Family [) Site Plan Review Number Date Approved Signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your request: Three (3) copies of the completed application forin, each with original signatures. Three (3) copies of all attachments as may be required for standing before the Board and for clear understanding of your appeal. The applicant may submit any additional supporting documents to assist the Board 'in making its determination. Mark Leventhal Signature: y� B Date: July 2001 � Da : _ App antR'or t,s ignature: 5 arker Road, P. 0. Box 449 . Phone: 508-428-8594 AgentI.s Address: Osterville, MA 02655 Fax No. 508-420-3162 JUL 16 '01 08:14AN BEACON H2O MATRIX 617 422 044Z P.2 1 own ui Burnstable Regulatory Services - �o�tKe Teti Thomas F.Geller,Director Duilding Division saR.v9rAs1X, 1 Peter F:DiMatteo, Building Commissioner OPEo �� 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Notice ofZoning Ordinances Violation(s) and Orden to Cease, Desist and Abate: Mr.Mark Leventhaneaeon Company's, 2 Oliver St.Boston,MA 02109 and all persons having notice of ibis order. As myncr/occupant of the Imawd at 185 Ocean View Cotuit,MA., assessor's Map 033,Parcel 016,you are hereby notified that you are in violation of the To,.�m of Barnstable zoning Ordinances and wv ORDERED this date,July 10,2001 to: 1. CEASE ANY)'DESIST IMMEDIATELY all functions connected with-this ti7olahon on or at.the above mentioned premises. SUMMARY OF VIOLATION: 3-1,4:(5)Bulk Regulations: Setbacks in RF Zone are 30'from front and 15' from sides and rear. Section 7 Definitions,page 161 structure. 2. COMMENCE within seven(7)days,action to abate this violation. SUMMARY OF ACTION TO ABATE: Move mecbanical systems to comply with zobing setbacks. And, if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable, a 1Votice ofAppeal(specifying the ground thereof] within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts Ueneral Laws). 11;at the expiration of the tune allowed,action to abate this violation has not commenced,Ruther action as the law requires will be taken. By order, Mitchell A.Trott Local Inspector MAT/er enclosure certified mail#,t 7000 0520 0021 82813711 ~~�� Qi61071N JUL 16 '01 08: 14AM BEACON H2O MATRIX 617 422 0442 P. relesseioe Fsa�l� ties: Facilities for personal wireless . �rsonal. Wi t � i ce including commercial mobe�sredvchangevaccessuservicesdasidefined ces and Common carrier wire vote _on 99 of 99- the Telecommunications Act of 1996. (Added by 74A 'by Town Council vote of 8 ye3 1 no) etail : The term "retail" shall not be construed to include lt, E ieO.taurant . " sic ine ac1-: The distance between a street line edddtohther5ideblinesnoflthe m e`tb ro ecte f a principal building or structure, ,p J J c ot . Where a lot abuts on morn than one street, front yard setbacks 1 hall apply from all streets . Factor (Lot shape Factor) The numerical value resulting from: shape f (a) division of the square of the perimeter in feet Of a lot byte r area in square feet` thereof; or ;� a R division of the perimeter in feet of that portion of a lot ' (b) din b the area in square feet thereof . intended a"e the site for buil g Y c Sign: See section 4­3 herein. ' ' E is ecimen Trees : A native, introduced or naturalized tremente. oniahsite. Any . P grown to be an important visual e e sufficiently well tree with a dbh- of 6". or greater is eligible totbc orn are eslow agrowing, specimen tree. Trees that have a small height at Y such as a flowering dogwood or American holly with a dbYi of �" or larger, are eligible to be considored specimen trees . (Amended by unanimous roll call. vote of 'Own Council on item 99-OSb i on march 11 , 1999) ace of That portion of a building included beLwecn the above andper fhaving Story'. P a floor and the upper pp r surface of the floor or roof�nexoed 10/7/93-#94-017 at least one-half '!'.council vote) Structure: Any product or piece of work, artificially built up or gether insome composed of parts and joined to centtall nite mannert no. improvements. including poleS, fences and :such minor iniidd th or Tent: A temporary she with a frame ion,suPP f oundation�Or permanents flexible covering, without a fixed location, anchors . (Added by Town Cortnci�l vote on 2122196 as item �r95-I94 - by a 9 Yes 2 No roll call vote. ) Upland: 'All lands not defined herein as wetlands . JUL 16 '01 08:15AM BEACON H2O MATRIX 617 ,422 0442 P.4 4 ) Special Permit Uses :. The following uses are permitted as special permit uses in the RC-1 and RF Districts, provided a Special. Permit is first obtained from the Planning Board: A) Open Space Residential Developments subject to the provisions of Section 3-1. 7 herein. 5) Bulk Regulations : ZONING MIN .LOT MIN.LQT MIN.LOT MINIMUM YARD MAXIMUM BLDG. DISTS. AREA FRONTAGE WIDTH SETBACKS IN FT. HEIGHT IN FT. SQ. FT. IN FT, IN FT. ----------�----- 'FRONT SIDE REAR RC-1 43560** 1.25 --- 30 # 15 15 30 P,P 43560** 150 30 # 15 15 30 * Or two and one-half (2-112) stoxieJ-.wniche:ver .ij lesser_ ** a minimum lot area of 8.7, 120 square , feet is required in RPOD Overlay Diotrict. (Addcd by 11 yes roll call vote of the Town Council on Oct. 26, 2000) # 100 Ft, along routes 28 and 1.32 . i 5 52 wec -$-0 412o -21 ou e-A- —(V. L 2-o-,L,-- A-J-e z e C� f � � - o ►" ` � ,.. - ' - - . . � - � .. i, - i - _ �. .. • ... � - - � - i _ � - - - I�. . . u�+wig !I � �I ....�.- � PROPOSED FINDINGS MARK LEVENTHAL 294 PINE RIDGE RD.,COTUIT t 1� 006—064 RESIDENTIAL F ZONING DISTRICT AP AQUIFER PROTECTION OVERLAY DISTRICT RPOD—RESOURCE PROTECTION OVERLAY DISTRICT Mark Leventhal has appealed the July 10,2001 order of the Building Commissioner,in which the Commissioner ordered the cease and desist of mechanical systems located not in conformance with the required setbacks of the zoning district at property addressed at 185 Ocean View Avenue,Cotuit,MA. Although the exact location and extent of the infringement is not known,the parties have stipulated that the mechanical systems,which consist of an emergency Igenerator and air conditioning condensation units contained within multiple cabinets and located on the southwest corner of the lot, do in fact encroach into the required front and side yard setbacks. The approximate dimensions and bulk of the subject mechanical systems are: 6 feet tall by 12 feet long by 4 feet wide,consisting of multiple cabinets placed adjacent each to the other,which total size is decidedly larger than the examples of other single,standard size air conditioning condenser units on other sites as demonstrated by the applicant. Section 2-3.2 of the Zoning Ordinance states:"No building shall be erected or altered to exceed the height or bulk, or to have narrower or smaller yards or other open spaces than herein required, or in any other manner contrary to the provisions of this ordinance." Section 3-1.4(5)requires a 30-foot front and a 15-foot side(and rear)setback in a Residential F Zoning District. The Barnstable Zoning Ordinance does not define the term"building M.G.L. c. 143, Section 1 defines the term`Building"in pertinent part as: "A combination of any materials,whether portable or fixed,having a roof,to form a structure for the shelter of. . . property. For the purpose of this definition`roof shall include an awning or any similar, covering whether or not permanent in nature. The word`building' shall be construed where the context requires as though followed by the words`or part or parts thereof". In the case of Attorney General v. Gardiner, 117 Mass.492 500 8 a eY (1 75), covered structure about three feet in height, which was built for the accommodation of coal bins underneath was held to constitute a building. This appeal is analogous to the case presented in Atty. Gen. V. Gardiner. The mechanical parts contained within the subject are property of a personal nature. Likewise,the . mechanical system cabinets are a combination of materials,fixed on the ground with a top that covers the moving parts contained inside the cabinets and which materials are combined for the purpose of sheltering the personal property contained therein. Therefore,the combination of mechanical system cabinets that are the subject of this appeal are a "building"within the meaning of G.L. c. 143 and therefore are regulated by,and fall within, Section 2-3.2 of the Barnstable Zoning Ordinance. DECISION: For the foregoing reasons the decision and order of the Barnstable Building Commissioner is affirmed in whole. i` Town of Barnstable Regulatory Services °FtHE l°� Thomas F.Geiler,Director ti Building Division snxxsTnsa.e Peter F.DiMatteo, Building Commissioner MA ,. v 1639n. 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violations) and Order to Cease, Desist and Abate: Mr.Mark Leventhal/Beacon Company's, 2 Oliver St.Boston,MA 02109 and all persons having notice of this order. As owner/occupant of the premises/structure located at 185 Ocean View Cotuit,MA.,assessor's Map 033,Parcel 016,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,July 10,2001 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: 3-1.4(5)Bulk Regulations: Setbacks in RF Zone are 30'from front and 15' from sides and rear. Section 7 Definitions,page 161 structure. 2. COMMENCE within seven(7)days,action to abate this violation. SUMMARY OF ACTION TO ABATE: Move mechanical systems to comply with zoning setbacks. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will be taken. By order, Y V��I��'�(/G • V fI L a Mitchell A.Trott Local Inspector MAT/er enclosure certified mail#7000 0520 0021 8281 3711 l Q/010710a �VE A Town of Barnstable Regulatory Services EAMSTABM 9 MAS& Thomas F. Geiler,Director 659. Building Division Peter F. DiMatteo Building Commissioner ` 367 Main Street, Hyannis, MA 02601 Office: 508-8624038 Fax: 508-790-6230 October 1, 2001 Mr. Leventhal 185 Ocean Street Cotuit, MA 02635 Dear Mr. Leventhal: I must deny the shed registration for 185 Ocean View because the location shown on site plans shows the shed 3' from the lot line. Zoning Ordinances section 3-1.4(5)Bulk Regulations shows that you must have a minimum of 30' front and 15' side and rear setbacks from your lot lines. It's my understanding that this shed was located in the same spot shown on the site plan but was voluntarily removed when demolition started on the dwelling. Removal.of the shed at that time constitutes abandonment,non-use section 4-4.8 in the Zoning Ordinances. To place the shed as shown on the site plan would require a Variance from the Zoning Board of Appeals. If you have any questions, please feel free to contact me. Sincerely, Mitchell Trott Local Inspector /km Qoi 1001 PROPOSED FINDINGS MARK LEVENTHAL 294 PNE RIDGE RD.,COTUIT 4 006 064 RESIDENTIAL F ZONING DISTRICT AP AQUIFER PROTECTION OVERLAY DISTRICT RPOD—RESOURCE PROTECTION OVERLAY DISTRICT Marls Leventhal has appealed the July 10,2001 order of the Building Commissioner,in which the Commissioner ordered the cease and desist of mechanical systems located not in conformance with the required setbacks of the zoning district at property addressed at 185 Ocean View Avenue,Cotuit,MA. Although the exact location and extent of the infringement is not known,the parties have stipulated that the mechanical systems,which consist of an emergency generator and air conditioning condensation units contained within multiple cabinets and located on the southwest corner of the lot, do in fact encroach into the required front and side yard setbacks. The approximate dimensions and bulk of the subject mechanical systems are: 6 feet tall by 12 feet long by 4 feet wide,consisting of multiple cabinets placed adjacent each to the other,which total size is decidedly larger than the examples of other single,standard size air conditioning condenser units on other sites as demonstrated by the applicant. Section 2-3.2 of the Zoning Ordinance states:"No building shall be erected or altered to exceed the height or bulk,or to have narrower or smaller yards or other open spaces than herein required, or in any other manner contrary to the provisions of this ordinance." Section 3-1.4(5)requires a'DO-foot front and a 15-foot side(and rear)setback in a Residential F Zoning District. The Barnstable Zoning Ordinance does not define the term"building". M.G.L. c. 143, Section 1 defines the term"Building"in pertinent part as: "A combination of any materials,whether portable or fixed,having a roof,to form a structure for the shelter of. . . property. For the purpose of this definition`roof shall include an awning or any similar covering whether or not permanent in nature. The word`building' shall be construed where the context requires as though followed by the words `or part or parts thereof". In the case of Attorney General v. Gardiner, 117 Mass.492,500(1875),a covered structure about three feet in height, which was built for the accommodation of coal bins underneath was held to constitute a building. This appeal is analogous to the case presented in Atty. Gen. V. Gardiner. 11 The mechanical parts contained within the subject are property of a personal nature.Likewise,the mechanical system cabinets are a combination of materials,fixed on the ground with a top that covers the moving parts contained inside the cabinets and which materials are combined for the purpose of sheltering the personal property contained therein. Therefore,the combination of mechanical system cabinets that are the subject of this appeal are a "building"within the meaning of G.L, c. 143 and therefore are regulated by,and fall within, Section 2 3.2 of the Barnstable Zoning Ordinance. DECISION: foregoing For the f o �omg reasons the decision and order of.the Barnstable Building Commissioner is affirmed in whole. Jlf ,, 11.IIIII.IIIII.IIIII�IIII.11111.11111•II. LII I.I�I..pl.a•..Illa.pp•1�1. •.�.'M11I1111.111Il 11111llla.11lllap. 11111 1MINIMA............. IIJ.I. 411161111111.11I.LI1.........IIIILIIOi. `1111111;•I111.I11..11111.11111.111.1. .. "11;1.11 IL11111.I1111.I1O.11111.11111. �•� ..11.1111.1111•I111•lllllallll.l111� .11l..•l•.l•l..11l...I.... OREM �► ►� �' ■� - III• 'Illlt��./ r,lII11e , .II II16.� ■0� ltt� p ' y;'��p � ii �i�iiniu. 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"ATRL RR EL 59'-6- EL a9'-6 SDt - ❑ SECOND RA.CUIG 6 - .3 ' 0.Sfi'-O• A211 - DESIGN ARCHITECT 1 r000 sTe - - RPD.n fi�Pnne„ MAO SECOND RR SECONO RR _ (19005 ❑ R RR.CWG.EL m,oao® (6EE❑❑❑�UM�❑ EL.]'-6- ❑ 6 � JJP/RMR LMNG ROOM - � t lYt.ffMFA 6FN1 3499 OPEN _)}•. •] vANEuw .e+mwa - � GROOND LEVEL _- ENTRY 3 -0 GR.wDE 0.]6'-0- p ROON SLY. GFJRRK 6SIIF!J-W ORIiOE 3 1'-6 RDP1 BEVOxp o o SOLARIUM RR. - QNERAt 650E l-,O-DD EL ,, ELEVATION AT COLUMN RJOO P,60L AT GRME !A'-6 �AL.54N5 Or llEO m4➢N16 _ . TPsr EEODR IMSEMENT 4 .. •. sialc�gDN¢1 - - - Fou6oamN.11, eE�o90 Ar wm 185 OCEAN a..9)'-6 VIEW colic Neu .DN - J- DRIVE ' - BUILDING SECTION &1 WALL,SECTION L COTUIT•MA Va•-I•-o• Vr-1.-D vFM BeE)IL6 0.YN0. B LG COPF41t ODORS.IP61S Ai BeMD — N.SNx0.E9 PeETflf BFAApG(T9. RENAN SE[SIRVGi.ADS VEM SC9EFN - ELl9DI1G 6DOMD RRipl NOxr SC9FLN SMNGIE!BEAxO T?!lei NODD A6r 6 B1LCab DID EDGE ND.BD.eEiN[EN AArIE ' �. (lAl SPID) N6'I3.O TACN iA y LC MPPER 5� .. wD calm cooaw Er�OP w'm wwER sa� Ruin SECTIONS END w m oz L /.•.I/.•rnR.REaEi b ta),.- AND a/r Nn m AND DETAILS ALL DREROR ROOD Opl e C SE[SOWCi.D.rs. ro eE Pe9nm NNR EA larArl0x9 s.PiPEs M1P,wRAgR L< iRAI MIEN r1OPi,mr Lc Dao EOEE T x DRP M SLL(irvJ iraT, CA.60. YN0.SPNi E0. ISEE STMRT.Ali) DnP CEAPC ,m ra N,aR Cmn BO+nDS samr Nair - �I �p� �ewE m. -ND lmracNwa A21 1- A a/r 6,RePPPG „,s A a/a•91RKPNG SLC SA1Ci.OErAt - N0. 3 SOFflT OETAI =I•a 4 SAVE DETAIL AT EXPOSED RAFTER o $ SAVE DETAIL AT SOLARIUM y fj WINDOW DETAIL o 7 WINDOW DETAIL o CONSTRUCTION Aug- 13-01 05 : 20P W 6175422116 P _ 02 TYPICAL.ROOF CONSTRUCTION Ya"AC PLYWD CEDAR SHINGLES FELT PAPER Y4'CEDAR BOARDS %'AC EXT.,PLYWD 2x6 RAFTER @16'OC 400 WD BEAM 2x6 COLLAR TIES EVERY 3RD OPEN ATTIC SPACE RAFTER 3/4 CEADER BOARD SOFFIT CONT. CORAVENT 2x4 OUTRIGGERS TYP WALL CONSTRUCTION CEDAR SHINGLES TYVEK % CDX PLYWD 2x4 STUDS @16"OC BEADBOARD INTER. FINISH TYP FLOOR CONSTRUCTION 1 X4 CEDAR BOARDS SCREEN MATERIAL ATTACHED `-4 TO UNDERSIDE OF JOIST. 2x8 JOIST @16.00 2-2x10' 12"SONOTUBE FDN @ 7'OC 2'x2'x10"FOOTING DRAWING:SECTION DATE 8-13-01 PROJECT: CABANA-RENOVATION 185 OCEAN VIEW DRIVE SCALE: 1r4"=V-0' RANERE ASSOCIATES, INC. ARCHITECTURE& INTERIORS 348.Congress St. Boston,Ma.02210 617-542-2111 FAX 542-2116 f J RESIDENTIAL BUILDING PERMIT FEES ,25 t �S APPLICATION FEE S� New Buildings,Additions $50.00 Alterations/Renovations $25.00 J Building Permit Amendment $25.00 FEE VALUE WORKSHEET LIVING SPACE square eet x$96/sq.foot= x .0031= plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE 1 square feet x$64/sq.foot= x .0031= plus from below(if applicable) ACCESSORY STRUCTURE>120 sq.ft. >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf- 1500 sf 100'.00 >1500 sf-Same as new building permit: square feet x$96/sq.foot= x.0031= STAND ALONE PERMITS Open Porch x$30.00= (number) Deck x$30.00= (number) Fireplace/Chimney x$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) Permit Fee projcost Aug- 13-01 05 _ 20P 6175422116 P _ 02 TYPICAL ROOF CONSTRUCTION 3/'AC PLYWD CEDAR SHINGLES FELT PAPER 3q"CEDAR BOARDS %"AC EXT. PLYWD 2x6 RAFTER @16"OC 410 WD BEAM 2x6 COLLAR,TIES EVERY 3RD OPEN ATTIC SPACE RAFTER 3/4 CEADER BOARD SOFFIT CONT. CORAVENT 2x4 OUTRIGGERS TYP WALL CONSTRUCTION CEDAR SHINGLES ��—TYVEK 5/e"CDX PLYWD 2x4 STUDS @1600C BEADBOARD INTER. FINISH TYP FLOOR CONSTRUCTION ' 1 X4 CEDAR BOARDS SCREEN MATERIAL ATTACHED TO UNDERSIDE OF JOIST. 2x8 JOIST @16"OC 2-2x10" 12-SONOTUBE FDN @'7'OC - 2'x2'x10"FOOTING DRAWING:SECTION DATE 8-13-01 PROJECT: CABANA RENOVATION 185 OCEAN VIEW DRIVE SCALE: 114"=I'-O' RANERE ASSOCIATES, INC. ARCHITECTURE& INTERIORS 348 Congress St._ Boston,Ma.02210 617-542-2111 FAX 542-2116 i I . 7 [•`._�-�..- - -^uc•rs`�'.v..^:..a..,:..� _ - _ _ , v:.rr_• _ram __ ..__-_..._�_.... ._ ..... .� -.__•--_.'-•--- - --• - -ter - - - -- - -- -- - _ _ ... )o D C rc . 575 Doo h - fie 4 ' 55 r Vt- •�At ,- t i•- ^ I, •wee .- SSP 12 2000 ------------ a ' BUILDING DIV. 120 cx u7 M_l.- I I' f 1 I PE n • .. _ ". V, 0-J.` 'J�^ it - '99G - . .. �- �F♦ .. .. .. u Xc 41 d-2u ,. -Cel nV I � I I ©!6• r, I u I I f a a;a __. ,. .. . rl n ..:.._ _,.__._ . :�.•,. a`- _ .._;,� gg - x _mot I i _ - -..r. i•-•:,...-_ ..a•- ,___. -- - / /EW GPI -5l I r -r N I. "f r �~ _ ,ram: �. 0 ' mQ ck • '° • • 'j to ` • • 'all CHANGI s h a; �z ' , r .•'. ♦♦ m • y,, mPto l__J i ♦ ;® � �0. Fill Isis ---.. • STAIR ELEVATION ao 00 aQ I 3'-V 4 t7 LOCUS. PLAN 1�-r"PooM 66TAN SS Scale; I 2000' 1x4 s W/1/2' SPACE BETWEEN STORAGE Assessors Map 33 Parcel 16 WOOD SIDING sHow�l�t WATERSIDE ELEVATION . ;o CHANGING SLIDING �x1$TING F't�OTPRINT= 2.90 SF PANEL VMCK O BUILDING FOOTPRINT=25'-S"x 11'-0".=284 SF i" OIE STAIR Z x 3• 6'SF OF TOTAL FOOTPRINT 280 SF 5-9 PLAN 2�-9 SLIDING PANEL PLAN I. EXISTING CABANA Scale: 3/16"= I'-Ole t F'zi—F11 _T_T e lo, + PROPOSED CABANA RENOVATION -, �,.�dStop• ja'= - '1. .- �r2 �j� �o ELEVATION ,� _ ._ _ _ _, Scale• 3/16 i -O �, ___,.._ _ ._ _`�_ _r. -. ': ; " _ ;; %, _ !�� �. �.; ° 4i- �- - — / � a, 'Oaf 4`4/ 8`� 4i ' '� 'k , °/'red __,_="i""� —_—" = -'r�C./// a _ a�fob oi• e,�� e/ fte 4) // / / • / ` r / +� Branch line to pier(SE3-3648 / 8ulkheod / 1 }a i p'�Oo''yi /// ;e + Fleld 5toa �genlri = /i i -� ..9�y /T °c / s Qb 2 _" —} +'3r—— +'�__ },i�/ ,y / •4 ————— 1== to ♦}��- — }-__ _--� i�/� -- //1/ — ' / f�'/Oo06. —~— �e \ __ �}y��M,,uyl/ —\-- `,� loll ��. ` s } }+r,� ` 24 I _ _ __ _ I � /i ce—— �//l t° e�6�4/ ar, -lot/°�e� ''�,� ,-+ { _ +x }ae ai sae " �———— _►— i// PFt o nosEe —'IS +ate ee esc —— _ — ——_Meon y�y\ ' — 'y / r,..a"'• — se a �e ~/ • •_ • —-wotr• — _ � s d'D � Branch line to pier(SE3-3648} `— t / Wood Bulkhead / }a, \'�\——._ b•..+ P AR"r.I1�11! + � - EXISTING PLAN VI EW ....,�..� o / — _ o � + �_�� ice` /� �' � �'o� 0 ,/ 4e— ��;---- _ ^" Scale: 1"=30, `F e ---- +♦ �---�?L +fie / i a -t* —~\ ' + +e ~` } + +e / +fie ---- — --_ + `' / -- — _ * } _ 24b'� �x - I 12 ,I4e - nevrsanrwvsval►nnr,�t•s>lasr Directions to Site: Route 28 towards Cot'uit; Left onto Putnam Ave. and follow to %,; V ` ,,3 77� end; Left onto Main Street; Bear left onto Ocean View Avenue; House is on the Left _ ,_; a♦ 2eg�11 #185 ATrLiCANf'S NA1� "�'-12 U S Hlyh Worer —.. +✓"y 15✓'� OG'G74r✓ !//G'u/ Iq//Gr --_—— �-g'' toareci r oc�►noN: Ctfi4i r M A-C J SITE PLAN ----- },, PROPOSED CABANA ° P-TE �� RENOVATION --- --__ + +a a° }a -_ M&project bat 41_';XM=1=md an order of Condidom 71' ..................................... ———— Y SKLIV + . ............ .. +� . .. ::P lu1PR..�9.M.•..�RJC4l....+Re.... 16Go AT .. Olt Cbwk Oa Fy 0 vT `� CIVIL 185 OCEAN VIEW AVENUE Ord&Of C"dow AOLMILSWpQff COTU IT , MASS. FOR PROPOSED PLAN .VIEW _ raltpiao.Wnt be corattdertd on BONNYBR00K REALTY TRUST Scale: I"= 30' D.et SCALE: AS SHOWN DATE-NOV. 16 2000 Revision Reduce footprint of remolded cabana Mte:_o3/13ro1 SULLIVAN ENGINEERING INC. -------_ _ - ---------------- - -_DSTERV I LLE_.MASS.._---- ------a 0 o r ub ding �— � ,✓� C tint .,a Iyl Zt- b, CHANG us �/ I s .�' '�•' b la Pao.: 1 / 1 1 / ___ Ill I II 1 of II`O STAIR I ELEVATION 0„ ,y T-9" b,1 LOCUS PLAN i 1<SATNROOM ,{ TAN ss Scale : 111= 2000' 1x4 s W/1/2' SPACE BETWEEN STORAGE �J �J Assessors Map 33 Parcel 16 WOOD SIDING SHOWER - i WATERSIDE ELEVATION I - CHANGING SLIDING I t)9.ISTING- P-12POTPRINT= 290 SF I PANEL -- I BUILDING FOOTPRINT=25'-9"x 11'-0',=284 SF I—+ - C) C) STAIR 2' x 3' 6'SF — TOTAL FOOTPRINT 290 SF 5�-9j1 ZZr O.1 PLAN SLIDING PANEL PLAN C I - p EXISTING CABANA -- ELEVATION PROPOSED CABANA RENOVATION ^ ' Field Stop//��*. ..9en�� =i l/ // -/ ^s ✓ T,e �C// \`rr p 2 Scale 3/16 =1 -0ZY h �\Ike- -�_ —�• ��i��i ..� � /� " U.. n °8�O/Cd 4re��i3 \ Oros f \ - ^--- _ _ ,Cabana--- q> q, ��t °11 IQ +/ / o Branch line to pier(SE3-3648 0 . Wood Bulkhead // f • , , // / ///� / ., -`� B�„ +o1v^/ Sf� / /¢t-� /i•` ���� ice_, -47,, ---- -__"- -+ o+q Field % �v-_i/____v/__-- s %� / `-- / f / '9 j� � rBGo SNti / 'j S 1,1 'f \ _ Ztlp� Y-M e I /1 // f°fj4° 60 —— —— — — /'j/j_' $——/// / qe �e�ebG�i/ih 8�°�SeliOte��! 3 R +qo q q t - _ @vs /off �S ems. de/ + y --- • ��_1 !� .° /� f a Paoc�ofE0 -'IS +q fo aii°ek� 4C .-- -"- -_ _ �__ !• - !e (yatCONST. �> ! ` !° SCVe __ _ _ Jy.✓ // CA6ANA I'+,- lea - / o ---- ` H/9h w °�� ` o /+ �•/ ,� - —_ �f- t Nye o l�^ __— ____ -- / , Branch line to pier(SE3-3648} !� b f ,t� Wood Bulkhead j + / q'—— y t__' $� / _ ......AMQ ,�A.!! »+ .......» �••••} • o EXISTING PLAN VIEW ���' ,1 , --t ---- + /' o---- Scale: I = 30 +!.� 24 y��M 1 �i /' REVISM PLAN SURM11WALSUN T Directions to Site: Route 28 towards Cotuit; Left onto Putnam Ave. and follow to + !�_ end; Left onto Main Street; Bear left onto Ocean View Avenue; House is on the Left _+• ° _ '�__+° J qs qe q,qo _ SS1- +, q° #185 ,►rMCAWrS NAME -fin`yst OC SITE PLAN o --___ °ter ►�� 15J GXlN/ i!R0WrL=noN: CGfi4t t M A S f �p¢�, _ _ PROPOSED CABANA --- -- +q -- _ � RENOVATION i>sii Protect has alrt�dXGem itaneA an Older of Condition SULLIVA�J ....:::"::4..........:..............................::+. pm .............. �!-.4.:.M. !!..FQw..Rwa�or...+a°.. i 0.297�3 AT . .. ox �oa. CmYll 185 OCEAN VIEW AVENUE Order of Condition not yet i.ened ❑ '`•.. COTUIT MASS. 4 F 0 R �!y PROPOSED PLAN VIEW This pillbecoQsi�on BONNYBROOK REALTY TRUST Scale: I"= 30' Dw SCALE: AS SHOWN DATE:NOV. 16, 2000 Revision Reduce footprint of remolded cabana Date: SULLIVANENGINEERING INC. o3/13ro1 OSTERVILLE ,MASS. p, -Y- \� Public .-- -� Landing Btu T ------- - -ghaCHANGI - �s ampso)r! �Zo STAIR ELEVATION 3 9" bI LOCUS PLAN 00 LP GAS .•�C3'. I = 2C-00' 'e�^TF4R00M TANKS 1x4 s W/1/2' SPACE BETWEEN STORAGE Assessors Mao 33 Parcel 16 s WOOD SIDING SHOWED _--- I WATERSIDE ELEVATION _ j t-- CHAN t N — - I --- I �XI5-r %NG- F'OOTP?INT- 290 SF LlP,',N EL G BUILDING FOOTPRINT=25'-9"x 11'-0'.=284 SF I t� STAIR 2' x 3' = 6'SF TOTAL FOOTPRINT 290 SF P --- 2�=9 LAN „ PLAN SLIDING PANEL - o EXISTING CABANA `- / Scale: 3/16"= 1'-01' 74 +Wall ,, -a PROPOSED CABANA RENOVATION - Field Stoien��h�� ELEVATION al 3 I6' = '-o" — ��� _- __ =�— --�/ //J — "' ch`_ f �a e �' llq to _ `Zy io• y/ O 67e sijp w \ O y�tt �i i� )Q 60fY _ar-8o /L Q 4'ete� • O — Q '° / / ^/� Branch line t�o,pierS{SE3-3648} \ + Wood Bulkhead / •� / ✓ W ' \ Q' y `—_ ' lry y� /y 9y ooap� /,gam/ �—— `3r +�/ s y' y o eld Stone Will l/i` �/— i//ii i �. ^.Yy /jr e0o \ fur 2 _� o + o .t _. �__`_ Ilil ��,y�// is // -- _ a--� � c --__e� + as \ — i��i • I � i/ iy�1 —. '9/jeAr r/n SNP ° i �' '� /' _ r4 ''7 `VO �O/ej -pro �_ _ QJ _ �ar, !�` a '� +` ` _ ,� //,) QI a° qO4) _—_// to 4Ch /!•j•/ Ord t✓' �! o� O✓e • _ •�___ _�� "/�,./' �- _ / �S �S� e�S fie' + y --- — ---` _-_� c aeon +°' i 5 -----'� ---�/ / PFtoPO�ED RtLCONST. Q, -`� rOe Ge _ t xis,✓'�ea� _� � _ _�� /'L.....•""• g J ' T•F Branch line to pier(SE3-3648). _ R / Wood Bulkhead V / 14' .`__I'3_ � ...........fi.-9..M..wr!..+ti>?r.:..Nltlrr.....+a°...._.»_....:.. ti + ��Q _ EXISTING PLAN VIEW "`_`•..••• •.� ° -- �- 0 /' +'o \`�—'/ /'�\ �°— � / ` ' n�, Scale: l"= 30' --+ _ + _—__24 y(b�MIS/ n I /�'f——— �4e __—_____ REVISED PLANSURMCITALDOW C" Directions to Site: Route 28 towards Cotuit; Left onto Putnam Ave. and follow to -- _ to _ +_J_ — _ i; ► r.10 + ��_ 377 end; Left onto Main Street; Bear left onto Ocean View Avenue; House is on the Left +• - _ -+ 4' +Q° rid/v�v Y 2cg�f y -ra Ll S fiA"UCANPS NANM Wale, /+ U SITE PLAN ,t PROPOSED CABANA —————+ ——— +4e°—————+4____ : .. 111SpMject has R_11r add,� an Werofconditiona (� PM R E N OVAT I O N Q, ___ SULLIMA 33 AT .... ..wA. t"Zvi 185 OCEAN VIEW AVENUE .................................................................. . ...... + •, f✓.:.F.:.*eP!!..19w„ tor,..+k.• ,� ox Ca.dc oo. o�of Conditions not Net� ❑ COTU IT , MASS. FOR PROPOSED PLAN VIEW T'sw plan will beconsaderodon BONNYBROOK REALTY TRUST Dom. J SCALE: AS SHOWN DATE:NOV. 167 2000 Scale: I"= 30' SULLIVAN ENGINEERING INC. D-4-inn Reduce footprint of remolded cabana Date: 03/13/01 OSTERVI LLE r MASS_ Wd tuit + / Rio � I ''� � y -- - - - - -•- - - �_� _ - - — — i / � � = / / i � •� r� // 4� � ` + /!4 ° •i• ••.. . � Blu ' ro- RIP Cob 70 Ono Ile N, wood Bulkhead / \ +Pe 41 + `—`j� LOCUS PLAN +r O Scale: I = 2000 Assessors Map 33 +'r\ � \ \ \ O 0) / + \+�- + tipTH�sICGS _ r + Top 0-8.4• Parcel 16 q Hydrographic Survey-June 23,90.. \ \ \ + 1­1 \ _ _ 'r Field Survey- Jan. 21 ,99 \ / \ \ \ \ \ \ \ \ \ \ ... ` 1- \ �r 6• ` ``1`+\J\ \ \ ` i CV.`, �'�"' I.- 'tee Y `• ��` \ \ \ \ A/l�r1?rf'f ItAY� NNE, em�C i 24�f + \ /o� ���C�.t� M► _ �o I�GiOC!LOCr►1101t I W 0L EAt rA �l( EyCJ QU \eb�h'9ti\ \ \ + I J + 4. \ Air P*"haste`":>�s..m Order e>t Osarkwins ❑ \ � ! +, \ ores- �.� '� — + � Q, •,t. \ OR ebukan `q, . i�Q•Q� \\ \ 1 + ' �.. +Q Ais Pw wisl be awHsw/ra �O'DO Clso°"''a•, �• .+..... .. ...+ ... . •• ..........+b,, 'v >r 4'-0'WALKWAY 6'-0 PIERHEAD V � ` "L 1 / . . l >f • '1 / _ _ /'Z"x 4"RAii..iNt3 1 DAVITS + BsrNGH- FuLL 4iv NC4 -� / -10"-12-DILI►t'GS LWNaTH OF ; I O � PIER W c_AD � �. �.._-•- - Z"*.8"DECKING tM R Soundings Based on WATER 'L4aGTR►CITY PLAN VIEW M.L.W. Datum. " ELECTRICITY + Scale:i =20' +�, CO + r-- N,.N.w z.b � • ' � � 3°x B"CROSS. RACI - - 0.0 i - + + 1 ,: ` i U In rfs Insew M drlw rb M+as ar class as asaseraeWa now"MW ft&ai"a k As saes seal B-PYs na re sabodone d tit►"bw Mrs, PI ERHEAD SECTION _ Not to Scale �'4 ��� (SHOWING BENCH a DAVITS) +`�.� SECTION R ` �. Not to Scale __ --_ 105 TOTAL.. _ _ {\.l, • 5 BEHT's CCZ� i:,3•= h5• P1�RNGAD: $ BENT$ � B = 4G _---_` 1-HAN!);XA%L ONE 20' 1=Qo� ,. .�.�„ .- �: ` PETEa �, APPROVED PLAN ( SULLIVAN NO.29733 SEP 1 4 2000 I ,CIVIL,�w � I G 0 - .� M.►..�,, o. SITE PLAN ACtr=ss STAIRS r - PROPOSED PIER w 000 DOTH 6101iS auLKFidAD \i °1 AT �><„T• bTCM! -- -- - - - - - 185 OCEAN VIEW AVENUE co•Qo1ra site sc-b -aria'--' Modified Pierhead Section to Show Bench Date; Sept.6,2000 COTU IT, MASS. SECTION A—A a Davits FOR Modified Pierhead Bent Spacing to Reflect BONNYBROOK REALTY TRUST $CQI@ I��=10' Cora~ts From Conservation Coammision. Dot A ust 8 2000 Vision Modify per.Demp to Refied CAsrlrssstssts Dow:JaaeA2M SCALE: AS SHOWN DATE, JUNE 20,2000 From w atwWays Committee. SULLIVAN ENGINEERING INC. OSTERVILLE, MASS.