Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
0045 OLD KINGS ROAD
- --_ ,�" Ire ' �t s 1 � i ,I i t 1 'j t � � Go , i k i < f TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map., 071� Parcel - C) '' Permit# � �o Health Division o rr Date Issued - G Conservation'Division . Fee Tax Collector. I� SEPTIC SYSTEM MUST BE; G INSTALLED IN COMPLIANCE Treasurer WITH' ' .E 5 s ENVIRONMENTAL.CODE AND Planning Dept. TOWN REGULATIONS Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address ' ®f- 9 Village CM O "Owner 11�C Address O Cal 6--S r S Telephone �Q .0 ( a , Permit Request S H ED x ((-a )(- ZA �0 elcts cc.. �" iC (ZP/d P� dtPrC°h'i �d floor: s g in �'�o o sed Total new l Square feet: 1st floor: existing roDoser�� : p p Estimated ArjeFf'?o1sli Lofting Flood Plain Groundwater",Overlay Construction Type Lot Size Grandfathe'red:' 0 Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) ' Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: UdFull ❑Crawl ` ❑Walkout ❑Other Basement Finished Area(sq.ft.) r Basement Unfinished Area(sq.ft) Number of Baths: Full:existing -27 new Half: existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count r Heat-Type and Fuel: 'ZG 0 Oil ❑Electric ❑Other: Central Air: ,C9'YeXxisting No Fireplaces: Existing New Existing wood/coal stover ❑Yes ❑No Detached garage: ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size g g g 9 . Attached garage:dexisting ❑new size Shed:❑existing)(new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial' ❑Yes ❑No If yes,site plan review# Current Use Proposed Use F: INFORMATION ' 1 ``,,, ®� 101 / < Name r Lher1 w�� ` Telephone Nu Der Address ;License# Home'lmprovement Contractor# . Worker's Compensation# �t ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO, SIGNATUR, 3161J DATE Z/ ` , o 19 g 1 " FOR OFFICIAL USE ONLY L • ' PERMIT NO. 75 DATE ISSUED MAP/PARCEL NO. ,(^y. r . ADDRESS + aVILL'AGE i _ . , OWNER '; +;��'"� - • >~ .>u � ., � ¢ ,tr ,. _M �F ° ti� . 41 DATE OF INSPECTLAk: FOUNDATION Vl �1 .f A 4` `• �.� • FRAME , INSULATION- b` a FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROU'QH ® FINAL FINAL BUILDING r. P M -Mil, ' �, - •a a - _ - " 4 ' tr to/ .;. a~Y. '� •ram r - - 't; .. -' 3 „I . .. DATE CLOSED OUT ASSOCIATION PLANOY < / M &# v i . Al Jr ! r6uN r A-R sl RB j I 1 10 77 z&lz � a � _ D _ �=6utf\p0.Zl � D : j. N .4v ,,.._� l.u•I .. .r. „- � ,:�'1..„) ,,, �.::.,y w:,�gw.4 y' ;i f wo�a ya .1 ,Y�-ro �¢i:?r. ; --�•' .. 'i" - f r,r • - �`• - tit <; f.. t _} L., I ^ram� ,+ Fk , ' ryc-. •h �v � L l }+, f*-{ 'j t�t' •'', l <n4.,.f i 1. »+ya --,_Y} 1 - ,� 1 ♦j v } 4^' _ 1 t"r 1 N.:.f f�, 7, Y.. ! r i-_,� j t te7 a i„£�-� x 1,• �''�,x ; { "<. i: .t ':.9` y.., r y `4'1 A+ri1` '�{µ4•a..' _ ;':�1-7 ..k�1-f 3t,i X�.r "i •".1•A 4 .: l .4-.. ,pt T l� J ., 71 ..•e'1 y t .f, :7 r x 4 a f :1x s;- +r •B -s IN-• s: 'sti§. r x, �' :t"1 '�'"i" r;`( �.., 1.,. 5..,,;x. `t1 ,'s." 7 �i x _ -�� y '�',. W� �. , -a*:- -i. {i: ' "�' tz:': �: _ `n `�a: s •;_7+` w. .,;+::. ��� .�-g 2,:. I+,a:�+v .T, t i ..� 1•, 11:. T'�,M'f�i:"" �:-s -;f' Fr» y _� � w$ ,.'� q.:»S ... a.� 1 •^"s.� �3.,. � T r t. '�a'. '� siJ 5 }" «v'.�v. i- -.F. � r. + ��._• { Yt- ! I it a , --- ! - ,�I i •�, � �r: ` ! .i,- ..y: 'S :�s �ysa,.., r p i 3 9"•• cr. ...t N Y 7 ,,V F+•, t f t a f :' { : l _ 4 t 4 t I ':"' •:, < a re �:. 1'.xi'�.f x ..,�r, .`� .`. t':. ,,..�. ::rts' �,7_+'. `t ..y t '. ., r, 3.. 3 - ! },: •5 — 1 ^'f,'5::, +r "r :�r. �a ,1};• t _ r 'i_ ... 14 .:`�'. '.:, 1 .+'{'� .. .. +;.i:..;l-, „ e,l'. � ,.. _...r wr• .. ` . :� at rp- t ; a 1` �•� .;a,�..t > ,,` - �- .. 'a'1 < .x,.. ... :...... :.. s,' ,... 1. '�s,,:.r., --_,..-.:{ ...,. ;. :• � S. 4:; a �y3�'`:r,.z_.s -,r t «�-° r� �I r,., ^�[�,�, - �e t=. t L I n�,_ v i :a T t �xT S { g. S. ., L ` .. I ....�. ,- • ` ti:� .lam ,� r -''� '!"' �'+�' { �.$ s. } r•�._ •-?' ,.�::. i _� -- -;S �T. .t- x t`r.e..-:. ,. ., ,G,.."i +..����t:7•sw"r.'�is ..:.-1=-�- - ' I Z�, 24' ----- _-----..._------ __-- -�. 3, 5 g, 41 3f 2 20 4 68 2020 2 20 _2020 co o _ N N Steel Beams CD t9 CO �— -- BOAT SHED - a' o �n ;n �- 0) N — —I ----N - - O a N N N_ N M N N. 4068 12 Ft Cabinet co 6 -- 2020 2020 =10 M co N M �— N Covered Area - Open on two sides coo b' r 0 N N M 8' 8' 8' 24' 1o1�Q�qq z Ia b , � 1 Jib `I L`— _ - i i. , t _ , - G a to 4a, I SHEDS (greater than 120 sq. ft.) d,] , If located in OKH or Hyannis Historic District- Certificate of Appropriateness is needed Map/parcel number Sign-offs from: Health [� Conservation [� Tax Collector Treasurer Owner's name& address (� Shed Dimensions Estimated Cost �_-- — Complete dwelling information for the Assessor's dept. Applicant's telephone number Plot Plan ❑� Two sets of plans with cross section ���i�� Z r /� Tti 4�v Workman's Comp. form Home Improvement Contractor's Affidavit ❑ Construction Super's License AND Home Improvement Specialist's License OR Homeowner's License Exemption form. ❑ Check expiration date on license(s) ❑ Check expiration date on license ❑ Fee S: �< N E SHEDS 120 sq.ft. or less -(RESIDENTIAL AND COMMERCIAL), do not require a Building Permit BUT Registration form and Plot Plan are required ❑ If located in OKH or Hyannis Historic District-Certificate of Appropriateness is needed PLASTIC,FREE-STANDING GREENHOUSES DO NOT REQUIRE BUILDING PERMITS. g4orms-PERMITS I Rev 6/2/98 12 IL rC Qk- vv ! - S" Vb i2 IL rC 9 V � av 6D F� f ' ►o Department of Health Safety and Environmental Services Building Division BAMSrA] ' 367 Main Street,Hyannis MA 02601 MASS, Office: 508-8624038 Ralph Crossen Fax: 508-790-6230 Building Commissioner HOMEOWNER LICENSE EXEMPTION Please Print DATE: 1 !J� JOB LOCATION: 45 Q LZ) OJ G S eD C6�tt number r f \r street i village "HOMEOWNER": �i lF"�I�2 o 1 I name home phone# work phone# CURRENT MAILING ADDRESS: IS� fu city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwelling,of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department min um inspection rocedures and requirements and that he/she will comply with said procedures and requi ments. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems, particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. Q:FORMSIXEMPT c .t . r N .23.a0 E N 5825,00 a m N � 0 �5 ,e W �)� �•� M 2<9 EXISTING O h FoLpNpAt ON y �•00 ri 00 9/L 9 3, 6 SF. ' 5 0 2• 5 --07,_ PP 'TO THE BEST ,OF MY KNOWLEDGE, THE _ PLOT PLAN OF LAND FOUNDATION SHOWN ON THIS PLAN IS AS L OCA TED IN IT ACTUALLY EXISTS AND CONFORMS_`TO BA RNS TA BL E — MA SS. THE ZONING REGULATIONS IN THEE` BARNSTABLE, REGARDING YARD PREPARED FOR DATE:MAR.6, 1998 �� DAVID DREAM DEVELOPERS ' CHA81-ES SANICKI Lc-'�•-z,./ - - _ - -� ,L2i )f35 DA.TE.'MAR.6, 1998 SCALE: 1"a30 FT. OISTER�� CAPE & ISLANDS ENGINEERING FLOOD ZONE NON-HAZARD t LAH0 D-61 29C MASHPEE - MASS. --- - -- The Commonwealth of Massachusetts -" ,_. — Department of Industrial Accidents Office 911nl✓estfootfoos 6 600 Washington Street Boston,Mass. 02111 Workers' Compensation Insurance Affidavit ran rilratlttrtz xxx: ///,%%/ is name: 1 ll location: 4 out)-- yo PAO h-Q city., r3hone# I am a homeowner performing all work myself., ❑ I am a sole proprietor and have no one working in any capacity /%%%///%//%%/%%%%%%%%%%%%%%/%%%//O%%%���%%%%%%/%�%%%%�%/%/%�%%/;;�;s;:; ❑ lam an employer providing workers* compensation for my employees working on this job. compnnv name address: _.. ... . ... .. Situ! phone#• insurance ca. olicv# ❑ I am a sole proprietor,general contractor, or homeowner(circle one)and have hired the contractors listed below who have the follo«ing workers' compensation polices: companv name, .::...::::.:.. address: dtv phone 4- . insurance ca. olicv#.. _. :..;;.:......::.:. companv name- address: city: phone#: Insurance co. olicv# .. Failure to secure coverage as requited under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to SI.500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of S100.00 a day against me. I understand that a copy of this statement may be forwarded to the Onice of Investigations of the DIA for coverage verification. I do hereby eerti under th U s enalties of perjury that the information provided above is tr --and eor d Sienatur ` Date Zo Print name s . �"��` ( Phone# oillctal use only do not write in this area to be completed by city or town ofilcial city or town: permit/license# ❑Building Department ❑Licensing Board ❑check if immediate response is required ❑Selectmen's Offlce ❑Health Department contact person: phone#; ❑Other w::.:.....,..:., ...,. ................. ......... (temm W95 PJA) Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law", an employee is defined as every person in the service of another under any coas--z: of hire, express or implied, oral or written. An employer is defined as an individual,partnership, association, corporation or other,legal entity, or any two or more of the g engaged foregoing ed in a joint enterprise, and including the legal representatives of a deceased employer, or the receive.c: ;'� ,r trustee of an individual,partnership, association or other legal entity, emplovmg 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 or another who employs persons to do maintenance , construction or repair work on such dwelling house or on the grounds building appurtenant thereto 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 withhold the issuance or renews: 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,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. • Applicants Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and supplying company names, address and phone numbers along with a certificate of insurance as all affidavits maybe submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be returned to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a can. The Department's address,telephone and fax number: The Commonwealth Of Massactiu'setts ' r Department of Industrial Accidents Me of Investigations 600 Washington Street Boston;Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 ext. 406, 409 or 375 OT The Town of Barnstable ,wsr,sr,►szs. . � .�' Department of Health Safety and Environmental Services` E 16 Building Division :367 Main Street,4yannis MA 02601 ; Ralph,Crossen Office: 508-862-4038 Buildmg'Commissioner Fax: 508-790-6230 t permit no. Date 1 Z® —14— AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,rep ,modernization,c conversion,ied improvement,removal,demolition,or construction of an addition to any pre-existing 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. 1 y rA d- �<<"l Sf Estimated Cost Type of Work: C Address of Work: ®l—� S Rb Owner's Name: CH L; V V3`Ljo fl Date of Application: I hereby certify that: Registration is not required for the following reason(s): Work excluded by law oJob Under$1,000 C]Building not owner-occupied ,Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR IITRPATION PROGRAICABLE HOME IMPROVEMENT GUARANTY FUND UNDER MGLc.c. 142A. ACCESS TO THE ARB SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner. Contractor Name Registration No. Date �r nnS Owner's Name Do q:fbmu:Affidav le HAIWBTABL& 1639.MA99. $ •99 DEC -; All :18 Fo Aw+" i Town of Barnstable Zoning Board of Appeals FILE COPY ONLY! Decision and Notice NOT RECORDED AT Appeal Number 1999-144-McGreenery REGISTRY OF DEEDS Appeal of the Building Commissioner. Summary: Upheld Building Commissioner Applicants: John and Ruth McGreenery Property Address: 45 Old Kings Road, Cotuit Assessor's Map/Parcel: Map 022;Parcel 067 Area: 0.54 acre Zoning: RF Residential F Zoning District Groundwater Overlay: GP Groundwater Protection District Background: The property that is the subject of this appeal is a 0:54 acre+lot commonly addressed as 45 Old Kings Road, Cotuit. A new 3 bedroom single-family residence was recently constructed on this site (allowed by Building Permit#28469). On April 20, 1999, a building permit(#37903)was issued to allow the - construction of a.16' x 24' shed with a 10'_x 24' attached shelter. The shed and shelter are currently under construction. By.letter dated August 20, 1999, the applicants applied to the Building Commissioner.for enforcement action pursuant to Sections 4-1.1 and 4-1.2 of the.Zoning Ordinance. The applicants contend that a Special Permit should have been required for the accessory shed/shelter because it.does not meet the requirements of Section 4-1 of the Zoning Ordinance-Accessory Uses. In a letter dated August 30, 1999, the Building Division responded to the applicants' request stating in part: "In regards to the accessory shed/shelter, a permit was issued back in April 1999. If this was, in our opinion, at that time, not an accessory structure, a building permit would not have been issued. The plans that were submitted at that time are being followed. In speaking with the son of the owner, the shed is for his own personal use. If, in the future, this proves not to be true, at that time we will take action or enforcement." The applicants also contend that the shed/shelter is being constructed in violation of the plan submitted with the application for the building permit. The applicants are appealing the decision of the Building Commissioner(made through,his agent, Tom Perry - Building Inspector) as defined in the letter of August 30, 1999, and are requesting enforcement action and the issuance of a cease and desist order with respect to construction of the shed and attached shelter. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on September 29, 1999. 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 December 01, 1999, at which time the Board upheld the decision of the Building Commissioner. Hearing Summary: Board Members hearing this appeal were Gene Burman, Richard.Boy, Gail Nightingale, Ralph Copeland, and Chairman Emmett Glynn. Attorney Roger Davis represented the applicant, John McGreenery, who Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-144-McGreenery Appeal of the Building Commissioner was present. Attorney Davis submitted a memorandum to the file along with photographs and a petition in opposition with 22 signatures. Mr. McGreenery addressed the Board and explained the abutter, Mrs. Williams, came to him 2 years ago and explained her building plans to him. Mr. McGreenery stated, "The back of her house would face his [the McGreenery home]. Mrs. Williams took down many trees on the lot when she built her house. The property has two curb cuts -one on each road (Ralyn Road and Old Kings Road). Last summer Mrs. Williams proceeded to build a small boat house. I [Mr. McGreenery]think it is too high for a shed. His property is lower than the abutting property so it looks even taller. It is approximately 14 feet high. The building is approximately 36' x 24' and contains 1,250 square feet. All the neighbors are against this big a shed and they think a structure of this size is not incidental to the property and does not belong in this neighborhood." Attorney Davis addressed the Board. He reviewed the photographs he submitted. As background he explained, Mrs. Williams applied for a building permit(in January 1999)for a 16' x 24' shed with an attached 10' x 24' shelter. Plans were filed and the shed was to be 8 feet was high. A permit issued g p u on April 20, 1999. On August 20, 1999, the applicant wrote a letter to the Building Commissioner stating this building was not incidental to the main dwelling and asked that the Zoning Ordinance be enforced. On August 30, 1999, the Building Commissioner denied the request. On September 21, 1999, Attorney Davis informed the Building Commissioner that the structure was no longer 8 feet in height but now 10 feet and that was a violation. The petitioner(Mr. McGreenery)filed an appeal because he felt the building was in violation. On October 20, 1999, a new set of plans were filed by Mrs.Williams showing the height of the structure was now 10 feet and showing an additional 10'.x 24' open porch on the plan. -In Attorney Davis's opinion,this building is no longer incidental because it is.1250 square feet and it has a porch. Also, in Attorney Davis's opinion, there has been a violation.of'the building:code because they changed the,plans without getting a new building permit. He is requesting a stop work order be issued. Attorney Davis also stated the property has access on two roads and since this building can be accessed from a separate road, it is no longer incidental to the main dwelling. The Board and Attorney Davis had a brief discussion regarding the new,structure. Attorney Davis indicated the structure is 1,250 square feet but that is counting two-stories. The actual footprint is a 16'x24' shed and 10x'24' attached shelter with an alleged wooden deck with porch roof of 10'x24'. The building is 10 feet in height which is allowed by the Zoning Ordinance but in Attorney Davis's opinion, still a violation because that is not on the original building permit application. Attorney Alger represented the owner of the property in issue, Mrs. Williams. He submitted pictures of the shed/shelter building. Mrs. Williams owns the property and lives there with her son. He recently sold his house and moved in with her.and needed a place to store his furniture and his private boats. He will store his personal property in the shed. He stores his boats in Hyannis and will use this shelter building to store one or two of his boats. The storage of boats and a shed for furniture and personal belongings is an incidental use to the main dwelling and an allowed use in the Zoning Ordinance. Attorney Alger clarified the porch shown on the plans has not been started. All that is there on the property is what was permitted. The Building Commissioner is aware of what is on the ground and has not issued any violations as they are proceeding exactly as permitted. Attorney Alger stressed this building is an accessory building for the son's personal use only and allowed by the Zoning Ordinance. The building is not heated. Attorney Alger also clarified the owner's lot is on two roads and they do have permission to use either road as their access. The structure does comply with all setback requirements. Public Comment: Eileen Fuerst spoke in opposition. She objects to the lack of quietness while this building is being constructed. She is presuming he will work on his boats during the day and that is when she sleeps. Next to speak was Dr. Sidney McPherson who objects to the size of the building and the fact that Mrs. Williams has two curb cuts. Anne Smith spoke in opposition and stated the owner destroyed trees when she built her house. She thinks this building has changed the character of the entire neighborhood. No one else spoke in favor or in opposition to this appeal. 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-144-McGreenery Appeal of the Building Commissioner Findings of Fact: At the hearing of December 01, 1999, the Board unanimously found the following findings of fact as related to Appeal No. 1999-144: 1. The applicants, John and Ruth McGreenery, are appealing the Decision of the Building Commissioner, 2. The property that is the subject of this appeal is a 0.54 acre lot commonly addressed as 45 Old Kings Road, Cotuit, MA as shown on Assessor's Map 022, Parcel 067. It is located in an RF Residential F Zoning District and a GP Groundwater Protection Overlay District. 3. The subject property is owned by Cheryl V. Williams. The applicants are the owners of the abutting lot to the south (Map 022, Parcel 066). As immediate abutters, the applicants are accorded a rebuttable presumption of standing as"persons aggrieved". 4. A new 3 bedroom single-family residence was recently constructed on this site (allowed by Building Permit#28469). On April 20, 1999, a building permit(#37903)was issued to allow the construction of a 16' x 24' shed with a 10'x 24' attached shelter. The shed and shelter are currently under construction. 5. By letter dated August 20, 1999, the applicants applied to the Building Commissioner for enforcement action pursuant to Section 4-1.1 and Section 4-1.2 of the Zoning Ordinance. The applicants contend that a Special Permit should have been required for the accessory shed/shelter because it does not meet the requirements of Section 4-1 of the Zoning Ordinance-Accessory Uses. Section 4-1.1 [of the Zoning Ordinance] states, "Within the zoning districts established herein,accessory uses or accessory buildings are permitted, provided any such use or building is customarily incidental to,-subordinate to.and on the same lot as the principal use it serves,except as.otherwise provided for herein:" 6. Ina Ietterdated August 30, 1999, the Building Division responded to the applicants':request stating in part: "ln.regards to the accessory shed/shelter, a permit was issued back in April 1999. If this-was, in our opinion, at that time, not an accessory structure, a building permit would not have been issued. The plans that were submitted at that time are being followed. In speaking with the son of the owner, the shed is for his own personal use. If, in the future, this proves not to be true, at that time we will take action or enforcement.". 7. The applicants also contend that the shed/shelter is being constructed in violation of the plan submitted with the application for the building permit. 8. The applicants are appealing the decision of the Building Commissioner(made through his agent, Tom Perry - Building Inspector) as defined in the letter of August 30, 1999, and are requesting enforcement action and the issuance of a cease and desist order with respect to construction of the shed and attached shelter. 9. The proposed shed is approximately 384 square feet in area and the shelter is approximately 240 square feet in area for a total footprint of 624 square feet. This is a relatively small structure compared to the existing house, which has a building footprint of approximately 2,300 square feet, and is typical of many of the accessory sheds on residential lots throughout the town. 10. There are no regulations in the Town of Barnstable's Zoning Ordinance which limit the size of an'. accessory structure. The main determinations of whether or not a building is accessory to a principal permitted use is the actual use of the structure and its location. The use of the shed/shelter has not yet commenced because it is still under construction and it is located on the same lot as the principal use which is that of a single-family residence. 11. The subject shed/shelter is an accessory structure allowed as-of-right, as long as the use of it is customarily incidental to and subordinate to the main residence. The owners of the subject property have indicated that the shed/shelter will be for personal use only. 12. The shed/shelter is in compliance will all setback requirements of the Zoning Ordinance. 3 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-144-McGreenery Appeal of the Building Commissioner Decision: Based upon the findings of fact in Appeal Number 1999-144, a motion was duly made and seconded to uphold the Decision.of the Building Commissioner. The Vote was as follows: AYE: Gene Burman, Richard Boy, Gail Nightingale, Ralph Copeland, and Chairman Emmett Glynn NAY: None Order: In Appeal Number 1999-144,the Building Commissioner has been Upheld. 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. Emmett Glynn, Chair an 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 thatno appeal of the decision has been filed in the office of the Town Clerk: , 1" Signed and sealed this day, f under the pains and penalties of perjury. , Linda Hutchenrider, Town Clerk 1 4 RefNo mappar ownerl owner2 addr city state zip 144 022 001 PONTE, JOHN F JR & HURLEY, CATHERINE 67 OLD KINGS ROAD COTUIT MA 02635 022 002 THOMAS, JUSTIN T %MARKOSKI, KEITH R & THOMAS, M 81 OLD KINGS RD COTUIT. MA 02635 022 003 WIGHTMAN, MARILYN 1851 MASS AVE CAMBRIDGE MA 02138 022 032 JOHNSTON, JEFFREY & MARTHA 321 MAIN ST COTUIT MA 02635 022 033 SEGUIN, THOMAS J & MARY JO 29 OLD OYSTER RD COTUIT MA 02635 022 034 RAYNOR, ALFRED F & CAROL M 7 MAIN STREET ASHBURNHAM MA 01430 022 040 PISCH, JOHN J & PATRICIA 11 OLD KINGS RD COTUIT MA 02635 022 041 FUERST, EILEEN M P.0 BOX 1372 COTUIT MA 02635 022 042 SMITH, ANNE 8 RALYN RD COTUIT MA 02635 022 043 WITTET, H ERIC TR %SPRAGUE, ROBERT S & DAWN.M 180 LAWRENCE ST GARDNER MA 01440 022 044 ROBERT JAMES INC P 0 BOX 647 COTUIT MA 02635 022 065 DAGGETT,-CLARK J %WELLS FARGO BANK #0001040229 P 0 BOX 85071 SAN DIEGO CA 92186 022 066 MCGREENERY, JOHN J & RUTH C 15 RALYN ROAD COTUIT MA 02635 022 067 WILLIAMS, CHERYL V PO BOX 193 COTUIT MA 02635 022 066 MCPHERSON, SIDNEY R & MCPHERSON, ESTELLE H 29 OLD KINGS RD COTUIT MA 02635 022 097 CINCOTTA, JAMES J & JULIE C PO BOX 172 COTUIT MA 02635 022 098 GOSHDIGIAN, JOHN & VIOLET A 63 MINUTEMAN DR CONCORD MA 01742 022 100 JONES, ROBERT A & FOSTER, PAULA 33 SAMPSON HOUSE KNOB COTUIT MA 02635 022 102 TRZCINSKI, EDMUND & ESTELLE D - 44 SAMPSON HOUSE NOB RD COTUIT MA 02635 022 105 HUGHES, MICHAEL G & MARILYN A P 0 BOX 1883 COTUIT MA 02635 022 106 MALOY, JOHN L JR 341 MAIN STREET COTUIT MA 02635 022 117 HOWARD, RICHARD S & JOYCE A 86 QUEEN ANN LANE COTUIT MA 02635 022 118 CARVER, OLIVER T & FREDA G 72 QUEEN ANNE LANE COTUIT MA 02635 3 Proof of Publication LEGAL NOTICES t,ems."` - �` z� - m t -r'-' "•' . 1650 1fs� natA 2 6mn8P�t>I< - t1foS�il lulblic tfenn f!)ndr Tlh�►;2 a�+n�g nnntn$ �Ta gill persoilsmterested an W a ffectgd by the Board Qf: maunder S 11 0f" ;. 4f the Gr,erat:taws of theor»rrionwealth of Massactiusattti dnf amaiRtet►ts th Pyou are hAraby notifi€d that; 7FTTi P ivt Dims Appeat Nu�h�t91 f 8 JQl Mrxlelt bion has applied 3o tfse Zing pogrd Qf APPe�s f Yananca try Struf 4, 3.3(12),Prohrbited SiO -Roof Signs to allow',new sign face for"l oiGe's Fxpres,ior�s"t ` be placed on the existing roof sign:The property is shown on Assessor's Map 209,Paicel 003 and is addressed as 1084 Falmouth Road,Route 20,Centerville,MA in an HB Highway Business Zoning District. 7 45 P.M.:' M;pQree@er ApReal tVumber 19W144 , John and Ruth McGreenery have appealed the decision of the Building f ommissioner as - ,rtned`�e a fetter�i�ted`I�iugusE 3(? .f:A09 whrcttat€rtes,".In tie tts th�;� la&st?tY a shelter a permit was issued back in April 1999 If this was,in our opirnvn,at that time,not an accessory structure,a building permit would not have been is$ued...ln speaking with the songf the owner,the shed is for his own personal use."The property in issue is the abutting property ownedyby Cheryl V.Williams a&shown on Assessots_Map 092. Parcel067.0od ccmmonly addressers as 45 O!d Kings Roid, Cotut, MA in art RF Residential(°_Zoning D�tnct. B 10 P M. Star Motel Realty Trust Appeal AiLi 1 145 Star Motel'`FIeaity Trust c/o 13aniel Grifhn,Jr:has petitioned fo the Zoning Board of Appeals fora Special Permit pursuant to Section 5-3.3 Special PermitPrsplt lions and Section 3 3.6t3); Conditional Uses in a Highway Business District. The locus is currently the site of a nonconforming`motel, 2 duplexes, a single-family house and parking,'ot.The applicant is proposing to demolish the existing buildings and construct a restaurant building of 8,396 s.f. to house,two restaurant uses of 130 seats and 100 seats, and construct new parking landscaping„and buffers.The property is shown on Assessors Map 294,Parcels.039&037 and is commonly addressed as 999 lyanough Road and 35 Pineneedle Lane,Hyannis,MA in'the HB Highway Business and, Business Zoning Districts. 8105 P.M... Star Motel Realty Trust Appeal Number 1999 146 $ r Motel Realty Trust c/o Daniel Griffin,Jr.has petitioned to the Zoning Board of Appeaiils for a Special Permit pursuant to Section 4 A.4(2l Nonconforming Building or Structure Not Used,as Single or Two-Family Dwellings and Section 4-4.5(1)Change of a Nonconforming Use to Another No.ncoriformng Use.The locus is currenty the site of a nonconforming motel. 2 duplexes,,single-family.hquse and parking lot.The Bile is nQnconfomung In.t.erms of use and layout(buffers 8 parking).The applicant is proposing to demolish the existing buildings and construct a restaurant building of 8,396 s.f.to house two restaurant uses of 130 seats and 100 seats,and construct new.parking,landscaping,and buffers.The property is shown on Assessor's Map 294,Parcels 039&037 and is commonly.addressed aS 9991yanough Roaid/Route 132 and 35 Pineneedie Lane,Hyannis.MA in the Hl3 Highway Business and 8 Business Zoning Districts. 0:30 P.M. Sprint Spectrum,LP Appeal Number 1999-147 Sprint Spectrum, LP has petitioned to the Zoning l3oard of Appeals for a Special Permit pursuant to Section 4-4.2 Nonconforming Building or5tructure Not Used as Single orTwo- Family Dwellings to permit the replacement of a nonconforming 115 foot radio tower with a 120 foot monopole structure and associated base station equipment for use as a PCS communications facility.The property is shown on Asspssor'5.Map 250:Parcel 0044 and is CQrltmorilyaddressed as t 047Falmouth fii5ad/Route 28,Ffy(tnnl&,MA in"an Ffq 1 Residential D=1 Zoning pistrict. 8 35F WI. Sprint Spectrum.LP Appeal Number 199914Q Btnnt Spectrum, LP has petitioned to the p Zor►rng Board of Apeals for 1 Special Permit ` pursuant to$action 4-4.5(2)Fxpansion of i P46i6flng Nonconforming lase to permit the replacement of a nonconforming t t i foot radio tow@rwith a 120 foot monopole structure and assocrated base station equipment for use as a PCS communications facility Th4 property is shown Pq Assessor's Map 250 Parcel 004 and is commons addressed as t 047 Falmouth Roe r(/fiouto 4 }iyannis,MA in an RD-i ffesideniial€)?1.Zoning District These f'ubiic,Hearings will be held in the Hearing Roorra;;��ec©nif Floor,New Town Hall,367 Main Street,Hyannis, Massachusetts on Wednesday,[7ecetnbgr 01, 1999 Aft plans and appliealtions maybe reviewed at the Zoning¢aard of Appeals Office Town of gamstable, Planning Department,230 South Street,Hyannis, MA: Emmett Glynn,Chairman Zoning Board of Appeals l The Barnstable Patriot } November 11 &November 16, 1999 i w1 PHA©NE GALL': FOR ^©� l t DATE TIME P.M. M 1 Gu�s- OF P•HONED.. PHONE V��- RETURNED YdL1R CALL Zj AREA CODE NUMBER EXTENSION PLEAfiECALL- MESSAGE 11f/tl,L CALL. R R .���N�!� ? �BL� �gO'�I f�t1S' •'3EE Y©U ;> S I GN E O 48003 NOTES ,� II t IMPORTANT MESSAGE For S t_ p A.M. Day / Time P.M. M Of 96LY/J �� v. �o i t�i T Phone I 771/fi FAX Area Code Number E#ension MOBILE Area Code Number Extension Telephoned XReturned your call RUSH Came to see you Please call Special attention Wants to see you Will call again Caller on hold Message R->U tj-'�t NU 9r- 8Qkr746d,5 c, a sl - universal-48023 30 LITHO IN U.S.A. N�E�.�-,ws/ d�THE Tql,_ : . %�. The Town of Barnstable BAMSTABM 9e� Department of Health, Safety and Environmental Services iOTEn�o+° Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner I January 3, 2000 Roger S. Davis Davis &Rubin 2 Lynxholm Court Hyannis,MA 02601-3019 Re: 45 Old Kings Road, Cotuit Dear Mr. Davis: This letter is in response to your letter dated 12/7/99 concerning a request for a stop work order on the above-referenced property. This office takes the issuance of a stop work order very seriously. Pursuant to Section 119.1 of 780 CMR, a stop work order may be issued if"work on any building or structure is being prosecuted contrary to the provisions of 780 CMR or in an unsafe and dangerous manner or contrary to the approved construction documents submitted in support of the permit application." Pursuant to 780 CMR Section 110.13, an amendment to the application was made on 10/20/99. This shows the porch and the increase in height. When remodeling or adding accessory structures what looks good on paper doesn't always work out. That is why changes are made. On the second page of your letter you make reference to Section 110.8. This section refers to buildings which fall under Section 116 which is buildings that fall under construction control. Construction control buildings are structures which require specialized engineering because of the complexity of construction or the area in which they are being built. To quote 780 CMR 116.1, the following structures are exempt from 780 CMR 116.0. 1. Buildings containing less than 35,000 cu. ft.; 2. Any single or two-family dwelling or any accessory building thereto; 3. Any building used for farm purposes; 4. Retaining walls less than ten feet in height: This building does not fall into any of these categories. 780 CMR 110.10 does require a site plan to be filed with the permit application. This was done by the applicant at the time of the original application and at the time the plans were amended. 780 CMR 113.3 does require that the"work shall conform to the approved application and the approved construction documents for which the permit has been issued." This is being done through the amended permit provision of 780 CMR 110.13. It is the opinion of this office that the work is proceeding according to the amended application and building permit; and,therefore,we will not post a stop work order because to do so would infringe upon the rights of the Williams family as home owners. The Zoning Board of Appeals has also upheld this office in its decision to grant a permit for this project and in effect asked why you were even in front of the Zoning Board. I hope your client will let this go at this point as for our office to continue to address the same points consumes needless man hours that could be better,spent on other issues.' Sincerely, Y Ralph M. Crossen Building Commissioner i . RMC/lb „ _ d. r, DAMS & AUBIN 4.5 SCHOOL STREET,THIRD FLOOR BOSTON,MASSACHUSETTS 02108-3204 ATTORNEYS AT LAW (517) 742-4300 T£LEFAX'(617) 742-4304- 2 LYNXHOLM COURT ROGER 5.DAV.15 HYANNIS,MA 02601-3019 JOEL S. RUBIN (1948-1991) (506)778-4412 TELEFAX(617) 742-4304 VIA CERTIFIED MAIL. RRR Z 431 527 323 December 7, 1999 Mr. Ralph Crossen Building Commissioner 367 Main Street Hyannis, MA 02601 Re: Request for,Enforcement - 780 CMR Property at 45 Old.Kiiigs'Road; Cotuit Dear Mr. Crossen: L `represent Mr and Mrs: John McGreenery,'-owners of,ihe premises at 15 Ralyn Road; and abutters to the�premises'at 45-Old-Kings Road. This:is.a-formal request' or enforcement of the State Building Code; 780 CMR, with respect to the premises at 45 Old--Kings`Road 780 CMR 106.1 provides that inspector of buildings and local inspector ("building official") shall enforce. all of the provisions of 780 CMR. The building official shall act on any, question relative to the mode or manner of construction... On or about January 20,. 1999, Cheryl V. Williams, owner of the property at 45 Old Kings Road, Cotuit, made application for a building permit to construct a 16'x 24' shed with a 10' x24' shelter. Ms. Williams filed with her application a plan which shows that the height of the structure from the foundation to the base of a 2" x 10" rafter to be 8' and also a site plan showing the basic structure of 16' x 24' and the attached shelter of 10' x 24'. The .permit was issued on April 20, 1999. On or about October 20, 1999, Cheryl Williams apparently submitted a new set of plans to the Building Commissioner, which not only show the height of the building being raised l0 feet up to'the rafter, with°a second story, and 'in addition; :the`con- uction`of'a I open}porch``measurrng l,0' x:24'. The`open porch'was not part of`the`plansk�submitted with,the original applicat on-, on -. . ' January 20, 1999. The Massachusetts'State Board of Building Regulations and Standards 780 CMR 110,0 requires,that in-the'construction of any building or structure Mr. R. Crossen/Request for Enforcement December 7, 1999/Page Two requires the filing of a written application with the building official and obtaining the required permit. 780 CMR 110.8, provides in part as follows: In the application for a permit for buildings and structures subject to construction control in 780 CMR 116.0, the construction documents shall contain sufficient plans and details to fully describe the work intended... 780 CMR 110.10, entitled "Site Plan", provides in pertinent part as follows: A site plan shall be filed showing, to scale, the size and location of all new construction and all existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey. The state Building Code also sets forth standards for compliance with the permit, 780 CMR 113.3: 113.3 Compliance with permit: All work-shall conform to the approved application and the approved construction documents for which the permit has been issued and any approved amendments to the approved application or the approved construction documents. The Code-also provides for violations. 780 C'MR 118. 1 entitled "Unlawful Acts" provides in pertinent part as follows: It shall be unlawful for any person...to erect, construct, alter, extend...any building or structure...regulated by 780 CMR, or cause same to be done in conflict with or in violation of any of the provisions of 780 CMR. I respectfully submit that Ms. Williams is in violation of 780 CMR, in that, she has or had caused the change in the construction of the shed from the plans filed with the original application on January 20, 1999, in two significant respects: t Mr. R. Crossen/Request for Enforcement December 7, 1999/Page Three 1. Contrary to the plans filed with the application, the height of the shed as been raised so that the sidewalls are not 8 feet but are now 10 feet, which also raises the overall height of the building by at least 2 feet, with a second story. 2. Contrary to the plans filed with the application, Ms. Williams unilaterally determined to add an additional structure to the shed, to wit, a porch measuring 10'x 24'. 780 CMR 119.1 provides that a stop order should be issued when a structure is being constructed: ...contrary to the provisions of 780 CMR or contrary to the approved construction documents submitted in support of the building permit application, such work shall be immediately stopped. I am therefore requesting that, pursuant to 780 CMR 106.1, you enforce the provisions of 780 CMR as set forth above and issue a stop work order and otherwise enforce 780 CMR to redress the aforesaid violations. Very truly yeyrs, f. Rog r✓ . Davis RSD:cat cc: Mr. and Mrs. John McCreLnery MISC I I:MC{GRNRY:RCISC i SP^ 29 99 11 . 34a 617-742-4304 p• 3 a.; ^r^�� PAX N fIR zOiVING REHAS rrlC, , AKFE D .A.;V'�`ING. D,E'J S " � CAPPROPRIATE RELIE SE CUI�ISTAIVCEB 4. TOWN Or TABLa: a '�" aoaYag 8o psal� l A ' !owers 1 Date Received �o r Town Clerk a€gire � 2 9� P'or- Efioe 'Appeal► i Hearing Data Decision Due The'under&igned hereby a p1i 1ndicateds e�N Zoning hoard of Appeals for the reasona ind Applicant flames John and Ruth McGreenerl � phone 508-420-3467 Applicant Addreaee 15 Slyn Road Cotuit Property Loontions 45 Old Kin s Road Cotuit This is as':a® J. . , . [3 .Sn$oresmang Action " ofz4dmin atrative 6ffficiala Declaiose' _ + .() Repetitive:;:Petitions , fry the'zoniag ABai tlCatoK other General Powers -.Plea®g sp®oifyi �.., Please,Provide the rollwAng Information (es a8plis:able)'s ' Property 0imers Cheryl V. Williams , Phone $-428-1011 Address of owners 45 0ld Kings Road, Cotuit Yf app"'taCnt &ffers froao owner, estate ftature of lnterV'st) AiseseAr•s Map/Parcel Number Map 022, Lot 67 Zoning District Residential caroundvater overlay District which section(&) of the Zoning ordinance AnVor of WL Chapter 40A are you appealing to the toning 89ard of Appeals? Mass G.L. c.40A §8 .Zoning Ordinances §§4-1.1. 4-I -7 Existing Level of Development or the property - Number of euildingss 2 present Oae f fl s Residential Gross Floor Areas 84} *— Mg. ft. * area of shed , Sep 29 99 11 : 34a G17-742`4304 p. 4 SEP-29-99 W.7D 10:22 AIM BARNSTAELF. PLANNINS. DEPT FAX NO. 508 $62 4725 P { ARRIAcation for other bme—ra paturs 3 Description of Request& See. attachment Attached aeeparats4 qtt®ef it needed. Is the property located in an Historic District? xf. yes $KA Y1se Qnl Yen } No g Plan Raview sib" Date Approved. is the building a. dezignatsd Aiatoric Landm k? c a Y atot$C re loft a tmsnt Us onl ::V `Date Approved } 19ss a building `gesnaRt bass appllad Por? -. Top (d' No'`(D Ban the Building inspector refused a permit? Y®a (j,. ' MOj Has the property been ,before 'elite plan -tsoieij?. Unknown Yee. g j tto [I — - ,fit ttse only Not Required - single: Paeaily Site, Plan. Revises Number Date approved bignaturea - The following infomatiou must be oubmitted vith the &PpllcatiQn at the time of filing, failure to supply this may result in a denial of your requests Three 43) copies of the completed application forts 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 d in ma its ination. Signature: oataa September 29,. 1999 ✓Appli ant or Ayent•8 signature: -Agent's Addrem. Phones Pax..No.. Sep 29 99 11 : 35a 617-742-4304 p. 6 ATTACHMENT TO APPLICATION OF JOHN AND RUTH McGREENERY On or about April 20, 1999, a buildingpermit application p was issued to Cheryl V. Williams, owner of the premises at 45 Old Kings Road, for the construction of a 16 x 20 foot shed with an attached 10 x 24 foot shelter as shown on the plan (Exhibit "A" hereto). By letter dated August 20, 1999, the applicant applied to the Building Commissioner for enforcement pursuant to Zoning Ordinance §§4-1.1 and 4- 1.2 (Exhibit"B" hereto), which letter is incorporated by reference. By letter dated August 30, 1999:(Exhibit "C'hereto), the Building Commissioner denied the applicants',request for enforcement. 4 By letter.dated September 2 L:1999 (Exhibit "D" hereto), the applicants further brought to'the attention-of the Building'Commissioner information ;'the effect that the shed in ,question is be"'ing constructed in violation of the plan submitted with the application for a building permit. No response has been 4 received to that letter. Section 4-1.1 provides in pertinent part that an accessory building is permitted "provided any such use or building is customarily incidental to, subordinate to and on the same lot as the principal use..." Taking into consideration the size of the shed and the attached shelter, as well as the height of the present construction and the fact that the dwelling constructed already has a two car garage, it appears that the accessory use of the shed and shelter is not incidental or subordinate to the principal use, but may, among other matters, become the dominate use. A special permit should have been required since the accessory building does not meet the requirements of§4-1.1 MI SC IO:MCC RNRY:ATTC H MNT II Sep._29...99..._1.1.. 3.5a............_.._._._...,.....•_...•.. _...... ..:............_............ .....•..........,...................617-742-4304 p..-.7.._._..._.. KING PoAo OLD K ,o'E N �.II9• i a:5 2 w atyf� 1 � 7ptllO�. . y 6ZVpi L P0 s o� P4 • PPS •ro rMF MST OF nr MWftEM IW PLOT PLAN OF LAND Fot,"rlav .itvoolr ay Mrs qL W is Is . rr 4crutu v,EXism Am C�v" ro LOCA rED IN 715E 2WW AEVAA rlaW rm BAQNSTQBL E — MASS. A&!+i+esrUNA AEVMM/W rup d11E MAR. 1s91s ;•'� pACAAAED FOR CNAALft yP �. ....� UNIM DREAM QEVEL OPfas Lamm QL7L MAR.4 1Fi� SCALE J."m ITT. CAPE s ISLA/vOS ENGINEER N o-as e,�c uro MASHREE — 16 �655. Sep 29 99 11 : 36a 617-742-4304 P. 8 ........................... ....... ....... DAvIS & RUBIN ATTORNEYS AT LAW RELI,I W-Sl O.N. MASSAC H I'�Ell (617)742-4300 TELEFAX(617) 742-4304 ROGER S.DAVIS JOEL S RUBIN 119AS.199;1 , 1.YNXH0j_%j(��)L-jjj HN ANNIS, SIA 02(Jjj-;IkM4 (508) 778-4412 'ELEFAX(617) 742-4304 VIA CERTIFIED MAIL RRR Z 431 527 855 August 20, 1999 Mr. Ralph Crossen Building Commissioner 367 Main Street Hyannis, MA 02601 Re: Request For Enforcement �. .t:,Premises at' 45 old Kings Road, Cot6 Deae- Mr.- Croi§sen: represent Mr-., and 'Mrs. John McCreenery, owners of the prmises at 15 .Ralyp Road, and abutters- to ,the premises at 45 Old Kings Road. On or about April 20, 1999, a building Permit application was issued to*CherYl V. Williams, owner of the premises at 45 Old Kings Road, for the construction of a 16 x 24 foot shed with an attached 10 x 24 foot shelter. Reference is made to the Barnstable Zoning Ordinances, and 4-1 .2 . Section 4-1. 1 provides in pertinent part that an accessory building is permitted "provided any such use or building is customarily incidental to, subordinate to and on the same lot as the principal use. . . Otherwise, I would expect that a special permit is required if the accessory building does not meet the requirements of 54-1. 1 . Taking into consideration the size of this shed and. the attached shelter and the fact that the dwelling constructed on this lot already has a two-car garage, it appears the accessory use of the shed and shelter Is not incidental or subordinate to the principal use of the lot, but may, among other matters, become the dominant use. Furthermore, I brought to your attention, by letter dated August 18, 1999, the apparent violation of the Planning Board Decision of January 23, 1998, with respect to the use of Ralyn Road for access to this premises, which supports the argument that this Sep 29 99 11 : 36a 617-742-4304 p. 9 Kr. R. Crossen/Request For Enforcement ` August 20, 1999/Page Two shed and shelter is no longer incidental or subordinate to the principal use. Pursuant to S5-1. 1, we are requesting enforcement of the zoning ordinance, and the issuance of a cease and desist order with respect to construction of this shed and attached shelter. Very truly yours, Roger S. Davis j RSD:cat cc: John. McGreenery W. M1SC10:MCCp"Y:RCBC i Sep 29 99 11 : 36a 61.7-742-4304 p. 10 ...........__....... .. ... .... ... _ ..... __ . .. _.... . _... _..... ....._.... The Town of Barnstable ayam` Department of Health Safety and Environmental services Building Division 367 Main Street,Hyannis MA 02601 Of3fee: $Od-8624038 Fax: SM-790.6230 Ralph crown Building Comruissioaer Anftx 7o, 19911 Davis s Rttbin Attu:Roger S.Davis 2 Lyeuhobn Court Hyannis.MA 02601-3019 'Duerr A normY Davis: 1%is hat w is in roapoA1e to y� +pOndenca of A letter of A ugust 1 i dE'20,regarding 45 Old Kings tad Io out ugua 1 Zt you adttrtned 0te of atxeas!1^aso Y ' f Rd [f thlt it,is ff some sort of deed resOkli n or P1�mg Board deeisioa,this would be a tmner fv,the planning good to ant upon,not the M"to the as eamy abedlatelter,a Pamit was iswod bft*in April 1999. If.this was M.io our "inion,at.that time,not as accessory sttticWt,a Wafing that were sabreitted at that ' ponn would not barer fi�een issued. The p[aas his ome.arc being followed 10 speaking with the son of the owner._the shed is for f user. !f,is the f lv^this graves ON to be truc6 at that UM-we win take setion or if you wistt to appeal our decision you have every right to and this of m win be happy to assist you. sitiocrely. TOM perry Building Gupecmr Maw • Sep 29 99 11 : 37a 617-742-4304 p. 11 I)AVIS & RUBIN ATTORNEYS AT LAW ►% " Hn('1 �114LL.1. I11IHI. 114X/k Lflrill1N. -MA"A, HI �F (6171 742-4300 TE_EFAX(647) 742.4304 ROGER 5 DAVIS �LINXH(11.?I ( d1 R1 JOE.5 RUBiN u948 199. (508) 778.4442 TELEFAX(6171 742.4304 September 21, 1999 Mr. Tom Perry Building Inspector TOWN OF BARNSTABLE 367 Main Street Hyannis, MA 02601 Re: 45 Old Kings Road, Cotuit Dear Mr. Perrv- am responding to your letter of August 300 1999 'and in particular, the statement in the second paragraph of your-letter that the plans submitted at the time of the;application dare.being followed." According to the copy of the plans that was submitted with this application, it i appears that the height of the sidewall of the building is 8 feet up to a 2 x 10 header as shown on the attached plan. According to my information, the height of the walls of this building is 10 feet, and further, my client has been advised that the contractor intends also to construct a kneewall above the header to raise the roof by some 4 feet. While'the kneewall is not under construction, the height of the wall does measure in excess of the, 8 feet per the plan, and it appears that it is the owner's intention to construct a building substantially higher than the filed plan contemplates. I would appreciate hearing from you in that regard., Please note that I no longer use the Hyannis address and I would appreciate Your responding to my Boston address. Very truly yours, Roger S. Davis RSD:cat cc: John McGreenery M1&,IU:M(;C,RNKY:TNHI ' -*/7— / Town of Barnstable Planning Department Staff Report Appeal Number 1999-144-McGreenery Appeal of the Building Commissioner Date: November 19, 1999 To: Zonin and of Appeals From: Approved By: Robert P. Sc ernig, AICP, Planning Director . Reviewed By: Art Tracz k Principal Planner Y Y Drafted By: Alan Twarog, AICP, Associate Planner - Applicants: r--'�-�John and Ruth McGreenery, Property Address 45 Old Kings Road,Cotuit Assessor's Map/ParcelF*Map 022, Parcel 067" Area: 0.54 acre Zoning: RF Residential F Zoning District Groundwater Overlay: GP Groundwater Protection District Filed: September 29, 1999 Hearing:December 01, 1999 Decision Due:January 7,2000 Standing: The subject property is owned by Cheryl V. Williams. The applicants are the owners of the abutting lot to the south(Parcel 066). As immediate abutters, the applicants are accorded a rebuttable presumption of standing as"persons aggrieved". Background: The property that is the subject of this appeal is a 0.54 acre lot commonly addressed as 45 Old Kings Road, Cotuit. A new 3 bedroom single-family residence was recently constructed on this site (allowed by Building Permit#28469). On April 20, 1999, a building permit(#37903)was issued to allow the construction of a 16'x 24' shed with a 10' x 24' attached shelter. The shed and shelter are currently under construction. By letter dated August 20, 1999, the applicants applied to the Building Commissioner for enforcement action pursuant to Sections 4-1.1 and 4-1.2 of the Zoning Ordinance. The applicants contend that a Special Permit should have been required for the accessory shed/shelter because it does not meet the requirements of Section 4-1 of the Zoning Ordinance-Accessory Uses. In a letter dated August 30, 1999, the Building Division responded to the applicants' request stating in part: "In regards to the accessory shed/shelter, a permit was issued back in April 1999. If this was, in our opinion, at that time, not an accessory structure, a building permit would not have been issued. The plans that were submitted at that time are being followed. In speaking with the son of the owner, the shed is for his own personal use. If, in the future, this proves not to,be true, at that time we will take action or enforcement." The applicants also contend that the shed/shelter is being constructed in violation of the plan submitted with the application for the building permit(see attached letter dated September 21, 1999). The applicants are appealing the decision of the Building Commissioner(made through his agent, Tom Perry- Building Inspector)as defined in the letter of August 30, 1999, and are requesting enforcement action and the issuance of a cease and desist order with respect to construction of the shed and attached shelter. Town of Barnstable-Planning Department-Staff Report Appeal Number 1999-144-McGreenery 1 Appeal of the Building Commissioner Staff Review: Section 4-1.1 Accessory Uses/Where Permitted allows accessory uses or accessory buildings, provided any such use or building is customarily incidental to, subordinate to and on the same lot as the principal use it serves. The property is located in an RF Residential Zoning District which only allows detached single-family dwellings as a principal permitted use of the land. The proposed shed is approximately 384 sq.ft. in area and the shelter is approximately 240 sq. ft. in area for a total footprint of 624 sq. ft. This is a relatively small structure compared to the existing house, which, has.a building footprint of approximately 2,300 sq. ft., and is typical of many of the accessory sheds on residential lots throughout the town. There are no regulations in the Town of Barnstable's Zoning Ordinance_which limit the size of an accessory structure. The main determinations of whether or not a building is accessory to a principal permitted use is the actual use of the structure and its location. The use of the shed/shelter has not yet commenced because it is still under construction and it is located on the same lot as the principal use which is that of a single-family residence. It is staffs opinion that the subject shed/shelter is an accessory structure allowed as-of-right, as long as the use of it is customarily incidental to and subordinate to the main residence. The owners of the subject property have indicated that the shed/shelter will be for personal use only. Attachments: Application Copies: Petitioner/Applicant Assessor's Field Card GIS Map - Plot Plan August 20, 1999 Letter from Davis&Rubin August 30, 1999 Letter from Building Division September 21, 1999 Letter from Davis&Rubin Building Permits 2 stzr 29 99 11 : 34a 617-742-4304 A. ? .... . .. ... ..... S• 2,, �. ,y� Al?- °- 9 y."G IG:"_2 AA BARRIABLE. LANNIIIG DEPT FAX NO. 508 8E2 47125 ^ Tam 0? aMBVWLR z::a_ag 90 Seafa A ! r ,.. Date Receiver} Tovn Clerk Office 2 For. o ff"e ' 'I`U h o : ,.. -Appeal f. -j 14 . Hearing pats — 8p4NS�pg1E Decision Due - �� t0 OE pRp QF pppEA, A. The undersigned hereby p1i"N Roaing poard of Appeal® for the reasons indicated? Applicant names John and Ruth McGreener Phone 508=420-3467 APPI10ant Addrasse 15 Slyn Road Co uit' Property Locations 45 Old Kings Road Cotuit This in a requeat fare I) BntorCement Action [) Appeal of Administrative officials Daaisioa O Repetitive Petitions 6� Appeal frdan the zoning Adula"trator �) other General powers -.please spaoity? Please Provide the solloseiag 181formatios (sa applicable)? Property owners Cheryl V." Williams , Phone _50-428-loll Address of owners 45 Old Kings Road. •Cotuit If-apP.Uvasit ddffere. frog owner, atate-noture of lnteresta ABass®or,s Map/Parcel umber Map 022, Lot 67 zoning District Residential Groundwater overlay District Which Section(&) of the zoning ordinance and/or of ML Chapter 40A are you appealing to the zoning,soard of Appeals? Mass_G`L.c.40A §8 Zoning Ordinances §§4-1.1. 4-1 2 Esiating Level of Development as she property - Number of suildinga? 2 - proaert vast$)? Residential crass pjW Areas 84* eq. ft. * area of shed ----------- SeFp 29 99 11 : 34a 617-742-4304 p. 4 ..... ......I............ .................... ........... SEP-29-99 WED 16:22 AM BARNSTABLE. PLANNING. DEPT ,FAX X 0. 508 862 4725 P. 3 waturG 4 Description of Requests See attachment Attached Pa0arat:0, ghipet -f-f needed. 19 the property located In an Vistoric bigt zf yes rivo Yen no 1 Plan "view uVadw bats APProimd. ,Ze the building a designated nistoric Landmark? yes zf yes justmi—C P.0-2197nion Be artmant-une 221vt Date Approved Ban "a building permit been applied .fOC7 Top - Ko, fl Bag the Building inspector refused a permit? Too No 848 the property been before Bite play It OviDW7 Unknown Yes g1 No Use only* Mat Required - single, r&xLly 81-ta elan. Review wjmber Date approved signatures- The following infon;ation must be submitted with the APPLL=tj,9A at the time Of filing, failure to supply thin may result In a denial of your requests Three (3) copies of the completed application ccr&$'.each Witb original signatures. Three (3) copies of all attachments, a® isay be MPLred for standing before the Board and for clear understanding of your appeal. The applicant may submit any additional supporting documents to assist the a its d ina in mi tion. signature: Dates September 29, 1999 1PP I V'&G�t or Agent,& signature: Agent's Address Phones S6p 29 99 1 .. 1 : .. ...3.5a........................... ............ 617-742-4304 ATTACHMENT TO APPLICATION OF JOHN AND RUTH McGREENERY On or about April 20, 1999, a building permit application was issued to Cheryl V. Williams, owner of the premises at 45 Old Kings Road, for the construction of a 16 x 20 foot shed with an attached 10 x 24 foot shelter as shown on the plan (Exhibit "A" hereto). By letter dated August 20, 1999,. the applicant applied to the Building Commissioner for enforcement pursuant to Zoning Ordinance §§4-1.1 and 4- 1.2 (Exhibit "B" hereto), which letter'is incorporated by reference. By letter dated August 30, 1999 (Exhibit "C' hereto), the Building Commissioner denied the applicants'request for enforcement. By letter dated September 21, 1999 (Exhibit "D" hereto), the applicants further brought to the attention of the Building Commissioner information to the effect that the shed in question is being constructed in violation of the plan -submitted with the application for a building permit. No response has been received to that letter. Section 4-1.1 provides in pertinent part that an accessory building is permitted "provided any such use or building is customarily incidental to, subordinate to and on the same lot as the principal use..." Taking into consideration the size of the shed and the attached shelter, as well as the height of the present construction and the fact that the dwelling constructed already has a two car garage, it appears that the accessory use of the shed and shelter is not incidental or subordinate to the principal use, but may, among other matters, become the dominate use. A special permit should have been required since the accessory building does not meet the requirements of§4-1.1 MIS(A0:NC'GRNRY:ArrCHMNT • PP • 1 �i 1 • OW-K FJIIAKIII , 3 :"+ti'' a.A:« :ye,�:_,�y V4�•�1.. -! � �a p,• gta€J 9"7'/ �', 9'e r s�'.,,"i rx'Pt.. ' -`,+>;;^'"�. .7"''`^ '7a R'�r s ,.'a?,• .,t� n�' :''s s.- k, .'.," r .... 'a �' .,_... .;� • �d¢',�'Ya,a b as;�... d e?r-5v.sys.s , 4;5a' f .�4b�x�a�'�:aa fi �d >�.f::h9.o.N."t^�:...... �S.S:z";,u�.�r,^;�.��...�.s5��>,�i,F ,a'�+2`.ati: �:,.'7C"x....k;Ss� rsn�. `m•:1..r.. sa,S a".r �� � ���e �,..�,`��..>5�._�,>rc5�. Barnstable2000, Dist 200 Land Ct# I' Life Estate 1 1 , GIS // r n I I I I I I s�q,'ti�s.` ✓ � -P gib 'Vs L`.Yx d't3-. .s�:t'oT rc.g� _ :F. eA v >r.. > r .r 5. gg ass'. 5i'N�� _� �..> ....... .�P >.1.: r. / Y !. y r. 5 .. P,>4� ^..3. .. „�+. ., >r:'a� a.*�a�,��+ r�piiYu 4� >.:f.' ::..iC) '.t,.�v..Nv ��`5, 3 R,."7°a4••e. yl .s' lJb�' ( k• "s '^s :w.,.> -i a �e..... rs+' , .. �'4 3' Y ,a:,...r.0 ct'u .. .,.,3.s.�t. ... :i h1X _t. ... .. ,:.<..V`'a. ,w� .. ... 1._�, 'r 1 w.. °." ...a. t�n^ .'��'• . 14"kmI A I\'F. :1 �"'�.,�� 1 • :1 �0L'S�� r.nr �.OL:TS� t0t'In.n � I I / 11 1 I'I x fl I I I x fl'I I x f11 7 r �"�` � c2, '. .::`d° v ,� rows x,,,x, •�. •: l� �� ��x}yl,ljl , i l7l�.ICJy1111�Y,T1,7[�x*,Ilil ,�M- ', ` ��' `',<''�'�.�x� �' `' �G a�u �' l?'iAssessor— ME ��".C� ls�I� "R' F��,Yi i 9 Y��y.�if �.. Y: E1 y"Y�r Y&�{:� .".. 'A��s•"�� Appraised :I � BlAppraised dg. I AppT Value(Bldg) 23,200 b.$,:.. s.- .,.. lNL•Sm.G;".k.E2S P� Spmal=al ue Total Appraised Card Value 3 To A Val1 1 I ra ��r�� Irr�� ." �S�� "r '" �In�'rr,;r� �ar.�,. 4w�.t(J( !l��zni,rs�►i+_ Ow ' Ld .��L' L►'LlCT�! rr,��� I I h y I + • C I'I I I'I I'I I I I I� /^ 1 • "1 1 I'I x I'I Wperty Location: OLD KINGS RD COTUIT MAP ID: 02V 067/ ?lion ID:1 t 55 Other ID: Bldg#: 1 Cord I of 1 Print Date:11/19/1999 .. ry •�i:, 'e ement Lif LA 1jejeription onenraeZlements e e dingsement EX. ca vescliption Model 00 icat 3rade i came Type ths/Plumbing Stories Xcupancy i Ceiling/Wall Exterior Wall 1 Commons 2 I o n Wall Wall Height Roof Structure I Roof Cover Interior Wall 1 2 rumber en a escrip on ac or Interior Floor 1 p ex 2 Adj Location Heating Fuel Pleating Type of Units RC Type umber of Levels /o Ownership 3edrooms 3athrooms one Kate JL.uu Total Rooms ize Ad7F! .00000 e( .00 3ath Type dj.Ba .00Style ld VBuYeaPhcnl O peel.Cond.Code Code esc on LeEenta e .. PeCI Cond% luou ccessory eralI%Cond. Bldg Value evescrwilon Unit Mcer. ue Mescrwaon Living Area unit Cast undeprec. a ue t rocs eo 91MV VMU21 wn O O: 77 #n .o -o- .o- W22 10� 6 0% wn V. 10 10s� wn 2!/ t#33 00 4o 44 s� #TI #90d n 'F 4 wn ??v�s�� Gi .1i ibiei IW22 � "eLQ° W22 $ , 6 \ \ i !2 V # #�t wn 22 '122 1s #u g # s 300 FT. BUFFER r 2W22 eil MAP 22 PARCEL 67 N ROGER DAVIS w s ...lgisxtllbarnldgnldavis22.dgn Sep.29. 1999 13:22:41 Sep 29 99 11 : 35a 617-742-4304 p. 7 ................. .............. ........... .......... ........................... ............................................... ............... ROAD OK ZNG f *WOW Pr) sic 'D opP PPS "m W Wsr or AW RNMEM 7w FOW"rraV "AM aV Nr$ PLAW IS qg . PLOT PLAN OF 4AND Ir ACTWUY gr.rSyy AAC MWWW, ro L WA 7-E,0 INrAF 20WAFS Ar&AA rxws jw SA RNS rA&E - MASS. PARNTA&Z MRAWAN YAAP PA Ej*A RED F-OR Aw Ir MAR.At jaw DAVID . . CHA"- Y. DREAM OEV&LopfqS op AUX- et r .. .......... WALe J'ajo PLOW ZW AoovAZMCAPE s"I.weg X&AA05 EAVICAVEWNS Sep 29 99 11 : 36a 617-742-4304 P. El ............................................................ DAvis & RuBiN ATTORNEYS AT LAW HELT.I'HIN1.f-j.jxjR MASSACHI`�Ell (617)742-4300 TIELEFAx(617) 742.4304 ROGER S.OAvIS JOEL S RUBIN. 11946.199;1 LY-NXH01..%j('10CRT HN ANNIS.MA 020(jj.cjt,114 (508)778-4412 ELEFAx(617) 742-4304 VIA CERTIFIED MAIL P" Z 431 527 855 August 20, 1999 Mr- Ralph Crossen Building Commissioner 367 Main street Hyannis, MA 02601 Re: Request For Enforcement Premises at 45 Old Kings Road,. Cotuit Dear Mr.' Crossen:' represent Mr. and Mrs. John McGieeneryp owners f the premises at 15 Ralyn Road, and abutters to the premises at 45Old Kings Road. On or about April 20, 1999, a building permit application was issued to Cheryl V. Williams, owner of the premises at 45 Old Kings Road, for the construction of a 16 x, 24 foot shed with an attached 10 x 24 foot shelter. Reference is made to the -Barnstable Zoning Ordinanc.es, SS4-1. 1 and 4-1.2 . Section 4-1. 1 provides in pertinent part that an accessory building is permitted "provided any such use or building is customarily incidental to, subordinate. to and on the same lot as the principal use. . . Otherwise, I would expect that a -special permit is required if the accessory building does not meet the requirements of S4-1.1 . Taking into consideration the size of this shed and the attached shelter and the fact that the dwelling constructed on this lot already has a two-car garage, it appears the accessory use of the shed and shelter is not incidental or subordinate to the principal use of the lot, but may, among other matters, become the dominant use. Furthermore, I brought to your attention by letter dated August 18, 1999, the apparent violation of the attention, Board Decision of January 23, 1998, with respect to the use of Ralyn Road for access to this premises, which supports the argument that this Sep 2S SS 11 : 36a 617-742-4304 p.•.9. ....... ... Kr. R. Crossen/Request For Enforcement August 20, 1999/page TWO shed and shelter is no longer incidental or subordinate to the principal use. Pursuant to S5-1. 1, we are requesting enforcement of the zoning ordinance, and the issuance of a cease and desist order with respect to construction of this shed and attached shelter. Very truly yours, Roger S. Davis RSD:cat cc: John McGreenery MISC10:MCMWRY:RCBC 1 Sep 99 11 : 36a 617-742-4304 10. 10 ..............29. ............. .............................. ISM The Town of Barnstable WVW- Department Of Health Safety and Environmental services Building Division 367 Main SbM Hyannis MA 02601 Off". $08-862A031 Fax: M-7"4230 Ralph crossen Building CoMMbskWW Augux3o. 19" Davis!R" ARE Roger&D"b 2 Lynhobn com HYMBIL MA 0260I-3019 Dur Aftrasy D"b: Tihis h is in C0701.7 k ' f"Pftft t0 Your CorreslMduce Of August I I&20,regwding 43 Old XkW R&*in your W of August you gd*CUW as rnaoer of=esn bete R&b%Rd . If this it,i&*&same on of deed rMiCdft Or Phm'iD$Hoard decision,this would be a matter for the pluming Board to ad upon,not the &uWbg DqwweoL In rCVM*to t6 w4e&Wy dWWAelIM&permit w"iMW bads in April 1999. if this was,in our O*iM at that UUM not M WCM*FY WWWM,11 bUflft Permit would no haw& dMI were submitted a that time,am being followed In Ve"g vfi*dW son of tbbeemo"i"Ued. The plow Chis o"PUMW u"' 'Cn the Ik"M&kPmwn 00 to be Vv4 at&W 6W er,the shed is for eforternent. -we will take anion or If you wish to Wpew Our&Gwm you have emy d&to A04 this Offics will be happy to assist you. Tom PMY Building baps"or TP/aw Sep 29 99 11 :37a 617-742-4304 c f)AVIs & RUBIN' .ATTORNEYS AT LAW �11tLL1. IIIINI, I It"JR 11r1�1(1\.MA••AH1 �Lll�a _Iu1-:I�vi.,,_ (617) 742-4300 TE_EFAx(617)742.430, ROGER S DAVIS I.1 N-XH11(.M cot NJ JOE. S RUB1N u948199 11YANNII 1.\t1�t14j 1-:Ii11U (508) 778.4412 TELEFAx(5171 742.4304 September 21, 1999 Mr. Tom Perry Building Inspector TOWN OF BARNSTABLE 367 Main Street Hyannis, MA 02601 Re: 45 Old Kings Road, Cotuit Dear Mr. Perm- I am responding to your letter of August 30, 1999; and in particular, the statement in,<,the second paragraph of your letter that the plans submitted at the time of the application "are being followed." According to the copy of the plans that was submitted with this application, it appears that the height of the sidewall of the building is 8 feet up to a 2 x 10 header as shown on the attached plan. According to my information, the height of the walls of this building is 10 feet, and further, my client has been advised that the contractor intends also to construct a kneewall above the header to raise the roof by some 4 feet. While the kneewall is not under construction, the height of the wall does measure in excess of the 8 feet per the plan, and it appears that it is the owner's intention to construct a building substantially higher than the filed plan contemplates. I would appreciate hearing from you in that regard. Please note that I no longer use the Hyannis address and I would appreciate your responding to my Boston address. Very truly yours, Roger S. Davis RSD:cat cc: John McGreenery MISCIOWCORNRY:TPBI ��, p� J 0 . QUERY PERMITS: QUERY END QUERY PERMITS PENTAMATION----------------------------------------------------------- 11/19/99 PERMIT NUMBER 37903 PARCEL ID 022 067 45 OLD KINGS ROAD PERMIT TYPE BADDS BUILDING PERMIT ADD SHED DESCRIPTION 16 X 24 SHED WITH 1OX24 ATT. SHELTER CONTRACTOR PERMIT' FEE 25.00 VARIANCE STATUS A ACTIVE CONSTRUCTION TYPE 214 GROUP TYPE 1 APPLICATION 04/20/1999 EXPIRATION VALUATION 6500.00 DATE ISSUED 04/20/1999 COMPLETED DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE--- (N)EXT/ (P) REVIOUS/ (C)ONTRACTORS/ 'PR(0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/ (F)EES/. (A)RCHITECTS/ (V) IOLATION/ (E)XIT 4 QUERY PERMITS: QUERY END QUERY PERMITS PENTAMATION----------------------------------------------------------- 11/19/99 PERMIT NUMBER 28469 PARCEL ID 022 067 45 OLD KINGS ROAD PERMIT TYPE BUILD NEW RESIDENTIAL BLDG PMT DESCRIPTION NEW 3 BEDROOM SING.FAM.HOME SEW.PT.#98-49 CONTRACTOR PERMIT FEE 381. 92 VARIANCE STATUS C COMPLETED CONSTRUCTION TYPE 101 GROUP TYPE 1 APPLICATION 01/22/1998 EXPIRATION VALUATION 123200.00 DATE ISSUED 01/22/1998 COMPLETED 12/09/1998 DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE---- (N)EXT/ (P) REVIOUS/ (C)ONTRACTORS/ PR(0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/ M (F)EES/ (A)RCHITECTS/ (V) IOLATION/ (E)XIT 1: DAVIS 8c TJBI-N 45 SCHOOL STREET,THIRD-FLOOR BOSTON,NIASSAGHUSETTS.02108-3204 ATTORNEYS AT LAW (617) 742-4300 TELEFAX(617) 742-4304 ROGER S.DAVIS. 2 LYNXIIOLM COURT HYANNIS,MA 02BOi-3019 JOEL S. RUBIN tl9a8'-1991b (508)778-4412' TELEFAX(617) 742-4304 - b VIA CERTIFIED MAIL, RRR Z 431 527 855" August 20, 1999 Mr. Ralph Crossen Building Commissioner 367 Main Street Hyannis, MA 02601 Re: Request For Enforcement Premises at 45 Old Kings Road, Cotuit Dear Mr. Crossen: I'"represent Mr. -,and 'Mrs -. °John`MeGreenery; owners : of the premises at 15 Ralyn Road, and abutters to the premises at 45 Old Kings Road. On or about April 20, 1999,' a`building `permit application was issued to Cheryl V. Williams, owner of the premises at 45 .O1d Kings Road, for the consttuction. of a 16 x, 24 foot shed with an attached 10 x 24 foot shelter. Reference is made to the Barnstable Zoning Ordinances, §§4-1 . 1 and 4-1 .2 . Section 4-1 . 1. 6r6vides in pertinent part that an accessory building is .permitted "provided any such use or bu iding iS .customarily Incidental to, subordinate to and on the same lot as the principal use Otherwise, I would expect that a special permit is required if the accessory building does not meet the requirements of §4-1 . 1 . Taking into consideration the size of this shed and the attached shelter and the fact that the dwelling constructed on. this lot already has a- two-car garage, it appears "the accessory use of the shed and shelter is not incidental- or subordinate to the principal use of the lot, but may, among other matters, become the dominant use. Furthermore, I brought to=your `attent'ionI by' letter dated August 18, 1999, the apparent violation of the Planning Board Decision of January 23, 1998, with respect to the use of Ralyn Road for access to this premises, which supports the argument that this Mr. R. Crossen/Request For Enforcement August 20, 1999/Page Two shed and shelter is no longer incidental or subordinate to the principal use. Pursuant to §5-1 . 1, we are requesting enforcement of the zoning ordinance, and the issuance of a cease and desist order with respect to construction of this shed and attached shelter. Very trul yours, /og,164�� r S. Davis RSD:cat cc : John McGreenery MISCIO:MCGRNRY:RCBC DAvIS & I3UBIN T ATTORNEYS AT LAW ! Z . 431 527 855 ' 45 SCHOOL STREET 2�� = s I dv & a 1 - THIRD FLOOR r � BOSTON,MASSACHUSETTS 0 2 108-3 2 04 _ 3 2 kvi 5112 U&POST G Illttottltltllttllt�ttttiltttlll Mr. Ralph Crossen y Building Commissioner 367 Main Street Hyannis, MA 02601 - 1 - - 4 �1 i rightFo' ld at line over top of envelope to the • the returnaddress i S DAMS & RumN 45 SCHOOL STREET,THIRD FLOOR BOSTON,MASSACHUSETTS 02108-3204 ATTORNEYS AT LAW (617)742-4300, TELEFAX(617)742-4304 2 LYNXHOLM COURT ROGER 5. DAMS HYANNIS,MA 02601-3019 JOEL S..RUBIN. (1948-199i) {508) 7.78-4412 TELEFAX(617) 742-4304 August 18, 1999 Mr. Ralph Cross.en Building Commissioner 367 Main Street Hyannis, MA 02601 Re: Premises at 45 Old Kings Road, Cotuit Dear Mr. Crossen: on -January 23, 1998, the Planning Board entered a Decision, Modification with respect to Subdivision No. 125 Cotuit Country Estates, Map. 02.2:, ,Lot 67,- a copy of:•which i.s enclosed. I am advised that this-.Dec,ision was, upon ,the. application of one Cheryl B. Williams.;: ,the•.owner ,of the premises'..at.-A 5,.,Old .Kings Road In -the -.s.econd paragrgp1j;of this *Decision.,, the ..Board `permit'ted 'the owner of the parcel ",.to gain dr <Veway access .via Old. Kings` Road and not Ra-lyn Road.;,_= as,,,s,hown, on the; subdivis ion..plan. ' I represent John McGreenery, the owner of thepremises at 15 Ralyn Road. I have -brought to the attention of Mr. Perry of your department, that notwithstanding the Decision of January 23, 1998, the owner of 45 Old Kings Road continues to use access from Ralyn Road to her property. I believe that subsequent to the Decision of January 23, 1998, Ms . Williams constructed a residence at 45 Old Kings Road and apparently obtained permits and approvals for the construction of the driveway to Old Kings Road. This .is referenced in a letter from the Town Engineer dated January 9 , 1997 ( in view of the Decision of January 23, 1998, perhaps this is a mistyping of the date) . I am enclosing a copy of this letter also. Subsequent to the construction of the dwelling house, the owner applied for and • received a permit--to construct a 16 x 24 foot shed with. a- 1:0:. x. .24 foot shelter-al-1 as..set', forth in the .Town of Barnstable Building. Permit Application which.. I am enclosing,,"a copy of . You will note that included in this packet of documents is a plan showing the site of the existing -residence at 45.. O1d Kings Road as well as the shed .which -is now under construction.. Further noted ,is the fact that no access is- shown from Ralyn Road Mr. R. Crossen /45 Old Kings Road, Cotuit August 18, 1999/Page Two to either the residence or the shed, however, notwithstanding the Decision of the Planning Board of January 23, 1998, the owner continues to access both the residence and this shed under construction, from Ralyn Road. We are requesting that you enforce .the Decision of January 23, 1998, to prohibit such access, as the only access to the premises, whicri includes both the residence and the shed, should be from Old Kings Road. I await your advice. Very t yi yours, r rLS . Davis Rn RSD:cat Enclosures cc : John McGreenery MISC10:MCGRNRY:TOBPB I` I u N OE BARNS LABLL BLILUING ITRN11 I ,- PPLICA I ION Z� Parcel Map G I G Permit Health Division ` � �/ J 1 Date Issued — Conservation Division . . ��I' I SEPTIC SYSTEM MUST BE Tax Collector G y STALLED IN COMPLIANCE Treasurer ��� �`a1' -I ENVIRONMENTAL ME I CODE AND Planning Dept. TOWN REGULATIONS Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address C)LD Village r f1T"t;) 1 t' Owner W t Address OLD VCl Q G-S ROA-0 Telephone So' O ( — _ Permit Request S H ED aA(-V_ WED I & zA w � Square feet: 1 st floor: existing nr000sert 2nd floor: existing proposed Total new Estimated Prf)jeaCost Zc6ing Uistrwt Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: U Yes U No If yes,attach supporting documentation. Dwelling Type: Single Family U Two Family U Multi-Family(#units) Age of Existing Structure Historic House: U Yes U No On Old King's Highway: ❑Yes U No Basement Type: QdFull U Crawl U Walkout U Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing 2 new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count �s Heat Type and Fuel: 6 Gas U Oil ❑Electric U Other r - - '� Central Air: ( 'Yes No Fireplaces: Existing New Existing wood/coal stove: U Yes- - U No Detached garage: xisting Ellnew size Pool:U existing U new ,size- Bam:U existing--U --new size____:__ Attached garage:Id/existing U new size Shed:U existing new size Other: - Zoning Board of Appeals Authorization U Appeal# Recorded U Commercial ❑Yes U No If yes,site plan review# Current Use Proposed Use N ati•to CL(j.NL C k-, �;i INFORMATION r Name Lher�1 w� =�`�-� Telephone NZ er OUK Z / Address R(3 License# v - c n c_c Y . Home Improvement Contractor - - Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATUR tJ DATE u THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) A , 11-1 I m / LI DATA j •If located in OKH or Hyannis Historic District- Certificate of Appropriateness ro riateness is needed [� Map/parcel number Sign-offs from: Q� Health [� Conservation [� Tax Collector [� Treasurer ❑-- Owner's name &address Shed Dimensions Estimated Cost Complete dwelling information for the Assessor's dept. Applicant's telephone number [� Plot Plan Two sets of plans with cross section Workman's Comp. form Home Improvement Contractor's Affidavit ❑ Construction Super's License AND Home Improvement Specialist's License x OR Homeowner's License Exemption form. ❑ Check expiration date on license(s) ❑ Check expiration date on license D Fee �I�,,� //�[Jf/-� ` 0� i�r�-� ��✓ chi' -�-<.-c/� S: i� N SHEDS 120 sq.fL or less-(RESIDENTIAL AND COMM ERCLAL), do not require a Building Permit BUT Registration form and Plot Plan are required ❑ If located in OKH or Hyannis Historic District-Certificate of Appropriateness is needed PLASTIC, FREE-STANDING GREENHOUSES DO NOT REQUIRE BUILDING PERMITS. q-foram-PERMITS I Rev 62'98 As oAD t1 lL d . V Z.� lc C a .i_ k`7 ((�•cnc�. 3cOe �V, ot{ 1 \:'Al tL C a , ,s Pb ca A w och 3coe �3 ti.� '7 Building Division •warnsts 367 Main Street,Hyannis MA 02601 IAId Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner HOMEOWNER LICENSE EXEMPTION DATE: Please Print � � 1 JOB LOCATION: �`i 5 DU) {.-��'U S VID cc A A-J S number village "HOMEOWNER": a U ( " U O-�py C�o 29— . I() I I name home phonc-I work phone# CURRENT MAILING ADDRESS: 7f� city/town store tap The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire,who does not possess a license,provided that the owner acts era_supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsi for all such work performed under the building rmit- (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department min um inspection cedures and requirements and that he/she will comply with said procedures and requ' ments. Signadue of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control HOMEOWNER'S SON The code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors):provided that if the homeowner engages a person(s)for hire to do such work that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assu hung the responsibilities of a supervisor(see Appendix Q. Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems. pwuculuiy when the homeowner hires unlicensed persons. in this case,oar Board cannot proceed agaimst the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,marry communities require,as part of the permit applicadom, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last pegs of this issue is a form cumeady used by several towns. You may care to amend and adopt such a form/catifiation for use in your com>mtmity. QTORMSEX h PT S pLp .KING .ao'E N 582530V • s H o 5 , 00 m� N . Z B • mw O f� y �•� ? d .91L •9 . 6 SF,- P Pp s 107. P� . PP 'TO NE BEsr QF MY KNOMLEDGE rt,fE PLOT PLAN OF LAND FOUNDATION SHOWN ON THIS PLAN IS AS L OCA TED IN I T ACTUALLY EXISTS AND CONFOIfIS_.ro BA RNS TA BL E MASS THE ZONING REGULATIONS IN T7�' BARNSTABLE REGARDING YARD PREPARED FOR DA TF•MAR.6. 1998 ° .jggLES DREAM DE VEL OPERS ol SnNICxi L2�5 DATE MAR.6, 199B SCALE. 1'-30 FT. FLOQO ZONE NON—HAZARD CAPE 6 ISLANDS ENGINEERING D-61 29C LAW MASHPEE - MASS. -- = The Communwea1111 uj .1•lassacliusetls iiq :-- — Department of Industrial Accidents - O�ca allori*sl/gat/oos -__P 600 Was Street - Boston,Mass. 02111 Workers' Com ensation Insurance Affidavit e: i location: S O L.) kL� ,—�S FV h-!2 t tv Kk 02(c3 phone it I am a homeowner performing all work myself ❑ I am a sole 21ouxietor and have no one workin in anv WAM ❑ I am an employer providing workers'compensation for my employees working on this job. contpanv name address dtv- phone#- insurance co. nolicv# ❑ I am a sole proprietor, general contractor, or homeowner(circle one)and have hired the contractors listed below who have the follo«ing«vrkcers' compensation polices: comaanv name: address: : dtv- phone comnanv name- .... ._:.:. ..........,.:...,......... - address- dtv- phone#- lnsarence co policy FaOuss to seeare coverage as regatred under Section 25A of MGL 152 can lead to the imposition of crim mai"Id ota tine up to st.300.00 aswor one rears Imprisonment as well as dvd penalties in the form of a STOP WORK ORDER and a doe of 3100A0 a day against fete. I m lesstaud that a copy of thts statement maybe forwarded to the OMce of Invesdgotiosta of the DIA for coverage verincadm 1 do hereby teal •under th pains enakw of perjury that the iuformadon provided above is mid co Sigsta Date Z l _ Print name �"t`1 � � Phone M otIIdal use only do not write in this area to be completed by city or town oMchd city or town: pertmamcense 0 QBuiiding Department c3uce=mg Board Q check if lmmediats response b required QSeleemtea's Onlee QHeaith Departmatt . contra person phone It; QOther tlrw�a roS P1A7 K �� Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 : _ Ralph Crosson office: 508-862-4038 Building Commissioner Fax: 508-790-6230 permit no. Date ZD AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernu=a� ion, constructionimprovement,removal,demolition,or construction of an addition to nay Pm-existing 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. t y►,� i Type of Work: ` e Estimated Cost k S�I✓+� Address of work: CA-2 _1 `J V= owner's Name: W 11,1.1 fl Date of Application: I hereby certify that: Registration is not required for the following reason(s): CWork excluded by law C3Job Under S1,000 C3Suilding not owner-occupied ,6wner 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 of the owner. Contractor Name Registration No. Date D e Owner's Name q:forms:Affidav ' I` t n� TOOK CLERK ,. ' Town of Barnstable BARNS ;a ,�� MAS' Planning Board V 110:0A MAN 230 South Street, Hyannis, Massachusetts 02601 &bs9. 16 (508)790-6289 Fax(508)790-6288 January 23, 1998 Linda Hutchenrider, Town Clerk Town Hall 367 Main Street Hyannis, MA 02601 John Alger, Esquire ` 886 Main Street Osterville, MA 02655 DECISION, MODIFICATION SUBDIVISION#125 COTUIT COUNTRY ESTATES Assessors Map 022, lot 67 A Modification of a subdivision plan, entitled 'Plan of Land in Santuit, Mass. Cotuit Country Estates, Raymond D. And Gwendolyn W. Crawford, prepared by Robert G. McGlone, Surveyor and Engineer, West Barnstable, Mass, dated 14 Nov. 1968, approved by the Planning Board November 18, 1968. Upon its owri motion, the Planning Board held a public hearing on the waiver-of a "no access restriction" on the above referenced lot to permit the owner of Assessors Map 022, lot 67, to gain driveway access via Old Kings Road and not Ralyn Road, as shown on the subdivision plan. At the regular scheduled meeting of the Planning Board, January 5, 1998, the above referenced Modification of a Plan application was considered. Abutters John Harvey, Michael Hughes and Peter Hickman were present to support the petition., The applicant was represented at the public hearing by Attorney John Alger who stated that the proposed driveway can be located so that no trees will need to be removed, and that there will be no conflict with the Scenic Roads Regulations. Based on the testimony received at the Public hearing, the Planning Board voted unanimously to grant a waiver of the"no access restriction"on Assessors 22 map and lot 67, thus modifying Subdivision Plan#125, Cotuit Country Estates. Present and vo' in the affirmative to approve the waiver were: Steven M. Shuman, Ch., George Zoto F ren, Raymond Lang, Richard Egan, Nancy Trafton, and Robert Stahley Since Steve M. Shuman, Chairman nl UV06 1a:24 FAX 306 700 0400 BARNSTABLL UYM Town of Barnstable o.part"N"Of PUNC tom. 3e7 Wn Smot, Hyannis MA MWi Oft*: 500-7M300 Thomas J. MuOsm Fax. 506-70044M Supe►inteMent Cheryl Williams January 9,1997' PO Box 193 Cotuit,Ma. 02635 Subject- Addressing for Map 022 Pc1067/Dev.Lot-029 Dear Ms. Williams, The Planning Board submitted to this office a copy of then decisim,to waiver ttse access restriction for driveway purposes to the above mentioned property to Old King's Road. With this restriction waived, it is now possible to assign a new address for the property for Old King'=Road.,Cotuit., The assigned building number it N45 Old Klet's Read. The Tawq records are being updated with this new assignment of address. Please be aware that it is the property owner's responsibility to obtain all necessary perntits and approvals for construction of a driveway to Old King'y Road. This would include approval for any work performed within a Suzic R from the Planning Department and a Road Opening Permit from the Eqfteninoivilion. Should you have any queitions regarding this notice,Please contact this offim at(509) 790-6310, sincerely, r A.13 P Town Engi r r ; . �. � 1 ; SAS Arras COLE t,! ATTOBNBYs AT LAw ;m�_ DEC 18 �a7 420 SOUTH STREET POST OFFICE BOX 1358 '[ V HYANNIS,MASSACHUSE1TS 02601 p'Uii'---- DAvm Bavcm Gorm TEIMPHONE IW81 77"147 OF COUNSEL FAcsn4=16091 775-5682 PETER M.SYBES JosEPH V.MAaUCA c/ December 18, 1997 Steven Schuman, Chairman Barnstable Planning Board Town Hall 367 Main Street Hyannis, MA 02601 Re: Assessor Map 022, Parcel 067 Property Owner: Cheryl Williams Dear Mr. Schuman: As a follow-up to my appearance on behalf . of Cheryl Williams before the Planning Board on Monday, December 15, 1997; I would like to take the opportunity to reiterate my belief that the. Planning Board's position with regard to the so-called "no access easement" shown on Ms. Williams' property is completely wrong. If you recall, the sub-division plan which created Mrs. Williams' lot shows' a strip of land along Old King's Road which is labeled "Non-Access Buffer Zone. " There is no document at the Registry of Deeds (or anywhere else that I have found) which makes any mention of this zone. The Planning Board's own cove- nants, which have been released, make no mention of this zone. There is nothing to indicate who imposed this zone, who can en- force this zone, why the zone exists, the type of access which .is restricted, how long the zone exists, which land is benefited by the zone, .or who granted the easement. In short, there are no terms of this easement on record. Enclosed are copies of two cases decided by the Mass. Ap- peals -Court. They are Patel v. Planning Board of North Andover and Sullivan v. Planning Board of Action. . These cases support the position I stated at your meeting that an easement that is merely drawn on a sub-division plan has no legal force unless its terms are spelled out in an express grant that is properly re- corded in the Registry of Deeds. I believe that, if you and your staff review the record and law, you will see that there is no enforceable "no access ease- ment" on Mrs. . Williams' property. L Steven Schuman, Chairman Page two December 18, 1997 I came before the Planning Board on Mrs. Williams' behalf as a courtesy to your Board in hopes of resolving the Engineering Department's concern with regard to issuing Mrs. Williams an Old King's Road address. I was, and am, quite disappointed that the Board seems to have ignored the. law and is treating this matter in a totally unjustified way. It is my hope that .in pointing this out that the Planning Board and its staff. will review the law and conform to its re- quirements even when you might not like what it dictates. If the Board or its staff has some other opinion of what the Patel case and the Sullivan case mean, or .if you are relying on some other law or cases for your position, I would like to know about it and would be happy to review it and reconsider my posi- tion. Ver tr ly yours, Da B. Cole DBC/ms Enclosures cc: Attorney John Alger TM� Town of Barnstable aw4swii, t4 Planning Board 230 South Street, Hyannis, Massachusetts 02601 (508)790-6289 Fax(508)790-6288 January 23, 1998 Linda Hutchenrider, Town Clerk Town Hall 367 Main Street Hyannis, MA 02601 John Alger, Esquire 886 Main Street Osterville, MA 02655 DECISION, MODIFICATION SUBDIVISION 0125 COTUIT COUNTRY ESTATES Assessors Map 022, lot 67 A Modification of a subdivision plan, entitled."Plan of Land in Santuit, Mass. Cotuit Country Estates, Raymond D. And Gwendolyn W. Crawford, prepared by Robert G..McGlone, Surveyor and Engineer, West Barnstable, Mass, dated 14 Nov. 1968, approved by the. Planning Board November 18, 1968. Upon its own motion, the Planning Board held a public hearing on the waiver of a "no access restriction" on the above referenced lot to permit the owner of Assessors Map 022, lot 67, to gain driveway access via Old Kings Road and not Ralyn Road, as shown on the subdivision plan. At the regular scheduled meeting of the Planning Board, January 5, 1998, the above referenced Modification of a Plan application was considered. Abutters John Harvey, Michael Hughes and Peter Hickman were present to support the petition. The applicant was represented at the public hearing by Attorney John Alger who stated that the proposed driveway can be located so that no trees will need to be removed, and that there will be no conflict with the Scenic Roads Regulations. Based on the testimony received at the Public hearing, the Planning Board voted unanimously to grant a waiver of the"no access restriction"on Assessors 22 map and lot 67, thus modifying Subdivision Plan#125, Cotuit Country Estates. Present and vo' in the affirmative to approve the waiver were: Steven M. Shuman, Ch., George Zoto F ren, Raymond Lang, Richard Egan, Nancy Trafton, and Robert Stahley Sincer Steve M. Shuman, Chairman COMMONWEALTH OF MASS=CHUSET'I,� SAND COURT / DEPARTMENT OF THE TR=AL COURT SUFFOLK, SS MISCELLANEOUS CASE No. 179556 MARIE. E. BEKOFF, DONALD R. ) COOK, JAN P. COOK, THOMAS F. ) HERSEY, MARY G. HERSEY, ) - WILLIAM L. STIRLING, and ) _ MICHELLE G. STIRLING, ) PLAINTIFFS ) VS . ) ALAN E. SMALL, DEFENDANT DECISION ) ) DECISION By Complaint filed on May 26, 1992, Plaintiffs seek a Declaratory Judgment, pursuant to G. L. c. 231A, § 1, that they possess an implied right, easement or reservation which prevents Defendant from building upon a lot designated "Common Reserve Area" and/or injunctive relief to prevent the Defendant from building upon said lot The case was heard on February 2, 1996 . The proceedings were recorded and transcribed by a court-approved reporter. Five witnesses testified and ten exhibits with subparts were introduced into evidence, all of which are incorporated herein for purpose of any appeal . After consideration of all the evidence, pleadings and 1 arguments of counsel = find the fallowing facts -to be pertinent hereto : 1 . Plaint-4 are owners of various lets shown on a .plan of land entitled "Subdivision Plan of Land in Barnstable (Centerville) , Mass . for Alan E. Small et ux dated July 22 , 1968" and recorded in the Barnstable County Registry of Deeds in Plan Book 224 , Page 87 ( "the Plan" ) . 2 . Adjacent to Plaintiffs' lots is a triangular parcel designated on the Plan as "Common Reserved Area" ( "Locus" ) . Locus is surrounded by roads on all three sides. 3 . The lots on the Plan were originally owned by Alan E. Small, Inc. which was the original grantor of most of the lots. Defendant was the President of Alan E. Small, Inc. and signed all of the deeds in his capacity as President . 4 . Plaintiffs Mary G. Hersey and Thomas F. Hersey ( "the ' Herseys") are the only Plaintiffs who are the original grantees of Defendant, having purchased Lot 23 from Defendant in 1969. In October, 1994 the Herseys sold Lot: 23 and now own Lot 25 . ' 5 . Locus was owned by Alan E. Small, Inc. until 1986 when it was conveyed to Defendant. 6 . None of Plaintiffs' deeds contain an express easement to or over Locus, or any restriction or condition affecting same. Inasmuch as there are no express easements or restrictions benefittina Plaintiffs' land, such benefits, if any exist, must be by impi_caticn or prescriptisn. There is no allegation of any such presc_ipti•:e benefits . 2 THE FOLLOWING � IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) Im ^A CC !, i DATA 7 . Between __ fta =.7 -.e'f enda. - malnta-ned an _f ice end storage =a=i_�- �.. �---cus . since =men, Locus :as remained an undeveloped carcei land. An implied easement , whether by grant or by reservation, must be found in the presumed intention of the parties , to be gathered from the language of the instruments and circumstances at the time of their execution, the physical condition of the premises and the parties, knowledge . Labounty v. Vickers, 352 Mass . 337, 344 (1967) ; Dale v. Bedal, 305 Mass . 102 , 103 (1940) . Reasonable necessity is an important element to consider in determining whether it was the presumed intent of the parties to create an easement . Mt . Holyoke Realty Corp. v. Holyoke Realty Corp. , 284 Mass . 100 , 105 (1933) . The burden of establishing an implied easement is on the party asserting it. Krinsky v. Hoffman, 326 Mass . 683 (1951) . "A plan referred to in a deed becomes part of the contract so far as may be necessary to aid in the identification of the lots and to determine the rights intended to be conveyed. " Carroll v. Hinchlev, 316 Mass . 724 , 729 (1944) . In addition, [t) he mere reference to a plan in the descriptive part of the deed, however, does not carry with it by necessary implication and agreement or stipulation that the condition of the land. . or the use to which it is represented on the plan to be appropriated shall forever continue the same so far as it may be indirect'_v beneficial to the land included in the deed, and was within the power or control of the grantor at the time cf- the grant . 3 :d _t 729 . =aci _use I i.�e decided by a determination of the __^_tent as evidence a. _:-.e -eeo and z: =e circumstances which 1t .gas -Lnade . :d. at _aco �1. :.set �av drove Association, 241 '!ass . 417, 423 . 1921, . n the present case, Plaintiffs failed to present credible evidence to prove the existence of an easement . First , and as noted, Plaintiffs' needs are completely silent with respect to an easement over Locus . Second, the reference in the deeds to the . Plan is not sufficient to create an implied easement . The phrase "Common Reserve Area" which appears only on the plan is ambiguous and, in and of itself, is not sufficient to raise the plan to the level of a conveyance of an easement. . In addition, the intent of the parties at the time of the conveyance' is disputed and unclear; there was no agreement between Defendant and the Herseys as to the future use of Locus . At best, there may have been a condition or restriction which I do not find, but even if this were the case, such condition or restriction would expire in 1999 G. L. c. 184 § 27 . Finally, Plaintiffs failed to demonstrate a reasonable necessity for an easement over Locus as Locus is not a necessary means of access to any of the lots nor is an easement reasonably necessary for the enjoyment of the land retained. See Cheever v. Graves, 32 Mass . App. Ct . 601, 608 (1992) . 'For purposes of discussion, the time of conveyance is deemed to be 1969 , when the Herseys, the original grantees of Defendant, took title because that is when any such implied easement would have been created. 4 'LLPrernrP - _ t�:� _ - 1:_--- dC not ave ny - - ,!'its , _ ^D3 r .. .:ia' ::'��- = s`mcn- �r _ncar�,'at= .:1 �._ .:cus . 'judgment actcrding-L_ . - Robert V-. -(aucnon Chief Justice mated: April 16 , 1996 t�. f I 5 �� y DAVI s OCUBTN 45 SGHOOL STREET,THIRD FLOOR BOSTON,MASSAGHUSETTS 02108-3204 ATTORNEYS AT LAW (61.7) 742-4300 TEL&AX(617) 742-430'4 2 LYNXHOLM GOURT ROGER S. DAVIS HYt1NNIS,MA 02(301-3019 JOEL S.BUBIN {I948-199q (508) 778-4412 TELEFAX(617)742-4304 September 13, 1999 Mr. Ralph Crossen Building Commissioner 367 Main Street Hyannis, MA 02601 Re: Request For Enforcement Premises at 45 Old Kings Road, Cotuit Dear Mr. Crossen: Reference is made to my• letter of August 20, 61999, which was sent by certified mail and which was received by- your office on August 23, 1999 . Mass . G.L. c.40A §7 provides that the zoning enforcement officer is - to notify. the 'party requesting enforcement action within fourteen dayslfrom the date of receipt of the request. The fourteen day period expired on September 6, 1999, and we1have- not received any ,reply from.,you as to whether you are going to take any enforcement dction. I `would appreciate your earliest possible reply, otherwise, as I construe the statute, it would seem to me if you do not reply then I might be obliged to appeal to the Zoning Board of Appeals . Very truly ours, Roger S. Davis RSD:cat cc: John McGreenery DICTATED BUT NOT READ ;1. MISC10:MCGRNRY:RCBC °F TFIE Tpy� The Town of Barnstable ' � Department of Health Safety and Environmental Services 'OrEc N,ot" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner • ti August 30, 1999 Davis&Rubin Attn: Roger S.Davis 2 Lynxhohn Court Hyannis,MA 02601-3019 Dear Attorney Davis: � O1 / This letter is in response to your correspondence of August 18&20,regarding 45 Old Kings Ril TIn your letter of August 18 you addressed the matter of access from Ralyn Rd. If this is,in fact,some sort of deed restriction or Planning Board decision,this would be a matter for the Planning Board to act upon,not the Building Department. In regards to the accessory shed/shelter,a permit was issued back in April 1999. If this was,in our opinion,at that time,not an accessory structure,a building permit would not have been issued. The plans that were submitted at that time,are being followed. In speaking with the son of the owner,the shed is for his own personal use. If,in the future,this proves not to be true,at that time we will take action or enforcement. If you wish to appeal our decision you have every right to and this office will be happy to assist you. Sincerely, Tom Perry Building Inspector TP/aw r 01/09%98 15:24 FAX 508 790 6400 BARNSTABLE DPW t1i! Town of Barnstable NAWMADM MAW � Department of Public Works 1 367 Main Street, Hyannis MA 02601 Office: 508-790-6300 Thomas I Mullen Fax: 508-790-6400 Superintendent Cheryl Williams January 9,1997 PO Box 193 Cotuit,Ma. 02635 Subject: Addressing for Map 022 Pcl 067/Dev.Lot 429 Dear Ms. Williams, The Planning Board submitted to this office a copy of their decision,to waiver the access restriction for driveway purposes to the above mentioned property to Old King's Road. With this restriction waived, it is now possible to assign a new address for the property for Old King's Road,Cotuit. The assigned building number is 445 Old King's Road. The Town records are being updated with this new assignment of address. Please be aware that it is the property owner's responsibility to obtain all necessary permits and approvals for construction of a driveway to Old Kings Road. This would include approval for any work performed within a Scenic Road from the.Planning Department and a Road Opening Permit from the Engineering Division. Should you have any questions regarding this notice,Please contact this office at(508) 790-6310. Sincerely, Q�ert A. B ma , P Town Engi er r TOE Date �� Time W ILE YOU RE OUT M Of Ihone Area Code Number Extension TELEPHONED LEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message C'-�JL— operator AMPAD 23-021-200 SETS EFFICIENCYe 23-421-"SETS CARBON C,Rj t ��-Qi c o o l�e� 5 7-4�`�` r4 TOWN OF BARNST.ABLE CERTIFICATE OF OCCUPANCY PARCEL .ID 022 067 GEOBASE ID 1087 ADDRESS 45 OLD KINGS ROAD PHONE . COTUIT ZIP - LOT 29 BLOCK LOT SIZE _ DBA DEVELOPMENT DISTRICT CT PERMIT 35289 DESCRIPTION SINGLE FAMILY DWELLING (PMT.#28469) PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY Department of Health, Safety CONTRACTORS: ARCHITECTS: and Environmental Services TOTAL FEEA: INE BOND t $.00 CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY * BARNSTABM : j MAla Ii FD MA'S i I BUILDING DIVISION ----- BY - DATE ISSUED .12/10/1998 EXPIRATION DATE PAT(1.9L ID 022 067 ' C7.012AS.R. ID 1,087 ADM— E83 45 OLD KINGS ROAD PHONE COTUIT ZIP o .LOT 29, ' BLOCK . Igr SI Z8 Vli l 1. ,i CIE'Dti DE �7 SOP ENR � . PERMIT 25469 DESCRIPTION NW 3 BEDROOM• SING..FAM.110MV;-' S.R.W.PT.#98--49 PERMIT TYPE BUILD TITLE NTH RESIDENTIAL BLDG PMT ` CONTRACTORS DREAM DEVELOPERS OF CAPE COD, INC. Department of Hearth, Safety CI '' and Environmental Services TOTAL FEES. $381-92 BOND $.00 TNE 1�n. CONSTRUCTION COSTS $123,200.00 101 '. €�I��.�'tLE 'AM Ht�MR ��TAG�H�I} 1 PP,1VA`.T. �-'c *�yT?.0 * BARNSTABM • / MASS. �► \�b Landmark Door , s6 • FIRE ENDURANCE TESTED IN ACCORDANCE WITH ASTM MANUFACTURED BY: E-152;NFPA 252&UBC 43-2 GENERAL PRODUCTS 45 MINUTE RATING MU LATCH THROWV2' 4 APPROVED FOR SINGLE SWBVG ONLY CO.,INC. BUILDIN�G�.1Dj�IVISION,� *- ANY ALTERATION TO DOOR VOIDS THE RATING FREDERICKSBURG.VA.22404 f' A B,Y t DATE ISSUED 01./22x/i993 � 'EXPIRATION DATE THIS-PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET'ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. _ 4.FINAL INSPECTION BEFORE OCCUPANCY. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 � I 23 1 I�• 1 ' 0 2� � E,y M(i 1 . 7 2 rA 2 2 3 1 HEATING INSP ON APPROVALS ENGINEERING DEPARTMENT wig 2 BOARD OF HEALTH U OTHER: 61TEIPLANAREVIEW kPPRAAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- . MONTHS OF DATE THE PERMIT IS ISSUED_ AS TELEPHONE OR WRITTEN NOTIFICA- TION. 6 NOTED ABOVE. TION. -vr _ •�"�`1,It 11r"" ".i�.ynE;,��� yc.<,sp� =}%L, .r�. Y�• �F� z':. - : -,`i `'• �"� ` '.!a^* 9 I II Engineering Dept.(3rd floor) Map y c;&� Parcel Permit# House# . 3 Date Issued d a�; Board of Health(3rd floor)(8:15 -9:30/1:00-4:30) Fee- Conservation Office(4th floor)(8:30-9:30/1:00-2:00) A'&- _ Planning Dept.(1st floor/School Admin. Bldg.) Definitive Plan Approved by Planning Board ��_. �� 19 t� . 1ANCE TOWN OF BARNSTABLIMARON Building Permit Application TOWWRE Wif*'S ' Project Street Address 45 Old King's Road - r Village. Cotuit Owner: Cheryl Williams Address School 'Street, -Cotuit Telephone 428-808 5 ~Permit Request 5, ^c,.l U .t First Floor finished 1560 square feet Sec' d Floor finished 680 square feet Construction Type wood frame ' Estimated Project Cost $ 9;ee6-.— Q 2 goo, Zoning District Flood Plain C Water Protection no Lot Size 23,636. sq. ft. Grandfathered ❑Yes ❑No Dwelling Type: Single Family )U Two Family` ❑ Multi-Family(#units) Age of Existing Structure Historic House ❑Yes ❑No On Old King's Highway ❑Yes ®No Basement Type: a Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) 0 Basement Unfinished Area(sq.ft) 1560 Number of Baths: Full: Existing New 3 Half: Existing New No.of Bedrooms: Existing New r- 3 _ Total Room Count(not including baths): Existing New 5 First Floor Room Count 4 Heat Type and Fuel: ®Gas ❑Oil ❑Electric ❑Other Central Air ❑Yes L3No Fireplaces: Existing New masonry Existing wood/coal stove ❑Yes ❑No Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) j Attached(size) 22' x 22' ❑Barn(size) ❑None ❑Shed(size) ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# N/A Recorded❑ Commercial ❑Yes Q No If yes, site plan review# Current Use N/A Proposed Use residential Builder Information Name Dream Developers of Cape Cod, Tnc• Telephone Number 477-4748 Address 451 Nathan Ellis Highway License# 047489 Mashpee, Mt 02649 Home Improvement Contractor# 100464 Worker's Compensation# WC 2-11-0 41 NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO rive Star_jEnterprises SIGNATURE DATE BUILDING PERMIT DENIED FO E FO 0WING REASON(S) FOR OFFICIAL USE ONLY PERMIT NO. _,._ DATE ISSUED «} MAP/PARCEL NO. IZ ADDRESS VILLAGE ' OWNER 3 3 DATE OF INSPECTION: FOUNDATION �9' nQ _ FRAME' INSULATION FIREPLACE Iq r {` l ELECTRICAL: ROUGH FINAL PLUMBING: ;IUG FINAL + :z v t GAS: _'g:mUCA! = F/I�N�AL FINAL BUILDI Ci a Z { -- -DATE CLOSED OiJ. "z ASSOCIATION PC AN NUJ-:' I; • MAM The Town of Barnstable ,� 'OrFpMptIs Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner December 23, 1998 Dream Developers 451 Nathan Ellis Highway Mashpee,MA 02649 To Whom It May Concern: Please be informed that a Certificate of Occupancy has been issued for 45 Old Kings Road,Cotuit (022 067). The Town of Barnstable has no further interest in any performance bond for this property. It is important that you return this document to the insurance agent who issued it in order to avoid a renewal and fee. Sincerely, Richard Stevens Building Inspector RS/lbn bondrele t f I�s.`.�..r,....,v::,f�'�y;.•..I»..i...�.re,x.w .«.:�-,.._...W,��... � ..,..p.-...�.�..+.-,..� - �-_. —...rr^�..�.....n"' �..+=nna+.,ma*sim4-rn.:^F.:a'x'::ivwa'+. -.,.. ... _ ..-.-_, �1NE.�ti The Town of Barnstable o� RARAq%. E. MASS. o! Department of Health Safety and Environmental Services 0 %679. �0 FD raa+" Building Division 367 Main Street, Hyannis,MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 r ( �'`<„ Building Commissioner Inspection Correction Notice Type of Inspection P Location �Ivv Permit Number � d y Owner Builder One notice to remain on jobsite, one notice on file in Building Department. The following items need correcting: -,lot— - G Y r Please call: 508-790-6227 for re-inspection. Inspected by Date r S AoA0 0lo KIND e.23rAOpE N 5125.00 3 N � 00 Qo m� N Z , IS Ya•� - o W � a 4) 0) 94.00 00 8• STINS FOLIN0 r ON $ O � Z �.00 ~ ,p0 � LOT 29 23, 636 SF. 5 h 0 P�6i 2 5 P 6 Pp s e 107,e2 P� 9'35 PPS TO THE BEST OF MY KNOWLEDGE, THE PLOT PLAN OF LAND FOUNDATION SHOWN ON THIS PLAN IS AS LOCH TED IN I T ACTUALL Y EXISTS AND CONFORMS-,TO BA RNS TA BL E — MA 55. THE ZONING REGULATIONS IN THE` BARNSTABLE, REGARDING YARD PREPARED FOR DATE:MAR.6, 1998 DAVID CHARLES DPEA M DEVELOPERS Si41ufCKl DA.TE.•MAR.6. 1998 SCALE. 1"=30 FT. FLOOD ZONE NON-HAZARD ,:F�ISTER�� CAPE 6` ISLANDS ENGINEERING D-61 29C � t t�No s�% MA SHPEE .— MASS. i ® A f ■ � /�/ /� ✓ ■ • WAR ■ I m® a PHONE AREA CPQE— A 1 I l � A y NOTES. ..,. ", .-V-in...�.n.�:�'�:.,.�r.r rbs«- ..+iiG.P -•�.�M1/ vae. .,r 1 '`-"5�..;'t:,>.y.,•-'.�j`.+'..'�+-..'4.^' The Town of Barnstable Department of Health Safety and Environmental Services MASS. y s639• Building Division 367 Main Street,Hyannis, MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner � Inspection Correction Notice QV Type of Inspection I/`"L Location V el w Permit Number 2 Owner Builder , r One notice to remain on jobsite, one notice on file in Building Department. The fwing items need correcting: W c a it r 4�3 pr� V-\<tk aa.,ctr.,T. Lo Please call: 508-790-6227 for re-inspection. Inspected by Date ` ftstrat oo 14W Type - PRIVATE El IM Expiration 06/t8/1% DREAM DEVE10PERS OF CAPE COD Edward M. 6ovosi &Pli'S1 Nathan Ellis Hwy ADMIMSTRATOR Mashie MA 02649 :l>� VNl77/I7204LII/P/7�� n,�.. �tiTs10l7C/7//;1P�1 DEPARTMENT OF PUBLIC SAFE'4 CONSTRUCTION SUPERVISOR ; ICFNSE Number: Expires: p.irthdair. CS O47489 0912211999 P9/22,"All PpstrittPd TO, PO FI)WARD M GOVONI 19 JPNES �IACIE NASHPFF. NA 02640 s 4 f �C YI SYY Z' 9 ADtA1N�STRA'ro /ze Vanrinxomr«a/f�. o�,_,J�a:,:,aclu:�ar�r DEPARTMENT OF PUBLIC SAFETY CONSTRUCTION SUPERVISOR i!CERISE „e. Number: Expircs: F.irth0 in, C� 041489' 8012211999 0 91'222 Q' Restrc+AO Tc, 00 F0npm M GOVOP,! '9 JAMES CIRCLE MMIPFE, MA 02649 A �. : . F' ::. :.. CORD y :.>:::::::>:':>;}:::::?:;.. M .:.� � � � �Rrr .`. � �r• ?! A�E(MMJDD/YY) 4'.4i;4;! K S .L}ni..:... .:rnooucER THIS CERTIFICATE Is ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE s t r r a n c(' nc e n HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR T —ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 14 M i n S t:r-e e t. COMPANIES AFFORDING COVERAGE P O s t:_ /I 8 9 COMPANY Sterl-ing, Mn 01.564 A INSURED Maryland Casualty Insurance ('o . COMPANY I)t eattt I)eve].opers of Cape Ccarl B Legion Insurance. Company The 1.51 Ru i. l_d i ng COMPANY - - Route 1.51. C Mashpee , MA 02649 COMPANY D COVERAGES THIS ISA E C O T I THAT THE POLQgiggRiR CE LISTED BELOW FIAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANTERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR INSURANCE AFFORDED BY TILE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OFMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I COI TYPE OF INSURANCE POLICY ETFECTIVF. POLICY EXPIRATION LTR POLICY NUMBER ---�— DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY — — X C M OME L G RCIAENERAL I-LABILITY -GENERAL .. -..--AGGREGATt s2, .000, 000 PRODUCTS-COMP/OP AGG S 2 , 000, 000 CLAIMS MADE I X OCCUR PERSONAL&ADV INJURY $1, 000, 000 11 f nwNrnsxr.ONTnncrOrT^r'rrr)r L.Pn1 F,98f18'1r 5/8/97 5�A�9H FACTIOCCUnnENCF. $1 , 000, 000 ru IF DAMAGE(Any one Are) s50, 0 0 0 — MED EXP(Any one person) S 5 0 0 0 -- --—— AUTOh10RILE LIABILITY � � —��------------------ ANY At)TO - COMFlINEDSINGLE LIMIT 5 AtT.OWNFO AUTOS S0It-DULE0 AUTOS BODILY INJURY S I rllnEnnuios (Per person) NON OWNED AUTOS I BODILY INJURY S i (Per accident) I PnOPEFITY DAMAGE S GARAGE LIABILITY ANY AUTO AUTO ONLY•EA ACCIDENT_ S OTHER THAN AUTO ONLY: EACH ACCIDENT S EXCESS LIABILITY AGGREGATE S UMBRELLA FORM EACH OCCURRENCE $ II OTHER THAN UMBRELLA FORM AGGREGATE - -- S WORKERS COMPENSATION AND S EMPLOYERS'LIABILITY W TA U- OH - TONY LIMITS .- T14E PnOPnIE Ton/ #WC2-1.18418 2/27/97 2/21/98 EL EACH ACCIDENT S PARTNEnS,'EXECUTIVE INCL EL DISEASE OFFICERS ARE. EXCL EL DISEASE•POLICY LIMIT S ---------- OTHER EL DISEASE-EA EMPLOYEE S DESCRIPTION OF OPERATIONS/IOCATIONS/VEHICLES/SPECIAL ITEMS CE�iTIFICA A ';: K., ox :.. .;. .... '.....:':..�:::.}:i'::. }4{;'4;:;i}::}SS:v?•:i:n;4}•.:�:{•i�:i:::4ii:ii:ti.Si:•i::.i:•SSiS::�::::::::::::::.... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE Department CANCELLED BEFORE THE Town Of Barnstable EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL artment DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 367 Main Street BUT FAILURE tO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Barnstable, MA 02601 OF ANY KIND N THE PANY, ITS AGENTS OR REPRESENTATIVES. AUTHORFIED R Tin ) r ACORD 25 S.(1./95) � y�y��y�yly�wLYfy . . - Tile C11M)UMNIM1111O 01JEWUMIUSCUS Department of ludustri'al Accidents _ i. , :1� 011lcaolla�sil�oas . 6011 ii ultin;,7on Street • Buxton.Masi 92111 `— Workers' Compensation Insurance•AMdavit A�nlicn—niinforntaiion• - Please P --LT' Cheryl. Williams ' sec-then• Old Kings Road COtuit nhene# 42R- nor, ❑ 1 am a homeowner performing all work:myself. C ❑ 1 am a sole proprietor and have no one working in any capacity !�ant anemployer providing workers, compensation for my employees wotiang on thisjob. eemn�nt•nnme• Dream Developers of Cape Cod; Inc. asldrrtr 451 Nathan Ellis Highway Ma"s.hpee MA • 02649 nhene#• 477-4748 rih•• �!� /D Ql/f 'tnsstt�nce ce ❑ 1 am a sole proprietor, general contractor,or homeowner(circle one)and have hued the contractors lured below who the following workers' compensation polices: comn�m•n•tme• address• • • - .eih ' nhene#• j#curnncr ce netiev o f �:+a�t•:.._ .M.r-���.. ._ MgrO1'►4•.7lw��r►—•'�gR'�i�7aT ' �� ���'�17 A�4-��7�• manv addresr . rin. nhene ih Attuhadditl6ni'sheetifaeemar�;;, �+Y`'�'•�'"••-`�"`"�"r"''"' :•:':"`°'"' .• - • "` Eaiiure to secnrr coretap as required red under Section 3A of b1GL 152 can Ind to the imposition otcrio inat peadtles of a tine UP to 61JM0 and one gears'imprisonment as well as civil penalties in the form of a STOP NVORK ORDER and a lice of S100.titl a day against me. 1 oaderstand tba eoln•of this statement mad•be forwarded to the OQlce of Investigation of the D1A for coverage vetilieadow l do!:exist•crrrlfj• dcr the pains anZpkla ofPa/Wr3'mat the inforntation prvridtd ahomisvUeand carers S;taiaitut � • 1/9/98 . phon 4,77�4a48 PflIItnme Edward M. 70voni e# Fbe.c1kWL.f.mmcdiatc I nly do not write is this area to be completed by city or town oftial permitmccuse# r•tl3niiding Department 01,i Board response is required OSeleetmen's 0lfice C3111eaitb Department n: phone#; 101ber��. • ..-Informntion and Instructions . � � requires all employers to rovidc workers' compensation for MassacltusetLs General I.atcs chapter 15_section_5 req p p is defined as every person in the service of another under-an' employees. As quoted from the "law".an emptqu�ee contract of hire.express or implied.oral or written. An em kyer is defined as an individual. partnership,association.corporation or outer :cgni entity, or an}'two or A ver.or the the forcg oing engaged in a joint enterprise.and including the legal representatives of a deceased cmplo. receiver or trustee of an individual, partnership,association or other legal entity, employing employees. Howeve 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 wort:on such dweIlinr or on the gz+ounds or building appurtenant thereto shall not because of such employment be deemed to bean rp1 MGL chapter 1'53 section 25 also states that eti eiT state.or local licensing agency shall withhold the issaar2c o rene1121 of a license or permit to operate a business or to construct buildings in the commoniveaith for an}• applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public wort: until acceptable evidence of compliance with the insurance requirements of this chap been presented to the contracting authority. �: ..».. ./NJTl.•f R:::�...�� :, ,;=r�t.'.t�;�',^.:'.'.! .:��"�•—. �iY4..; R.w u+.wi.•�.i:...ij,.��. Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation a suppl}•ing company names.address and phone numbers as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance cavcmge. Also be sure to sign and date the a!'lidal•it. 77u affidavit should be returned to the city or town that the application for the permit or license is being requested. not the Department of Industrial Accidents. Should you have any Questions regarding the"law"or if you are requ to obtain a workers' compensation policy,please call the Department at the number listed below. r,.rw..� _ v.-:,v:•+t: ��_�.�..i�.�:'j^•f�'_:..•�-'SaJ.wi�a���Ai7yy 'pc��7�„r;;'"�i.sr••R••�� Cite•or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the botto: event the Office of Investigations has to contact you regarding the applicant the affidavit for you to fill out in the be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be return the Department by mail or FAX.unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any quest please do not hesitate to give us a call. :.`_:y.� ..4. ..ir.•.•.•!: 7. i..w,t n�•• ,A.t ";�� !w,tr� ��:T.:.•wr.. ..rr• — The De armient s dress.telephone and fax number: p . The Commonwealth Of Massachusetts Department of Industrial Accidents Office of lumdeadons - 600 Washington Street _. Boston,Ma. 02111 f=#: (617)77.7-7749 phone#: (617) 7274900 ext. 406, 409 or 375 SYKES AND COXX ATTo8ME9rs wT LAkw COPY 400 SouTU STRUIrr POST Or"cm Box ioee HYA_NNLs.MASSACsyssrrs 09601 DAvm BXXUCa CoyE Tw mrnomm 4eoa)77e-9147 or Covxsax, a.1038PR V,MABVCA BAC9tw.zzz ieaev 776 sv* P K syxm September 8, 1997 Mr. Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Property of Cheryl V. Williams Old King's Road, Cotuit Assessors Map 0220 Panel 067 Dear Mr. Crossen: Cheryl V. Williams is the owner of the parcel of land cited above. This parcel is shown as LOT 29 on a plan dated November 14, 1968, and recorded at Barnstable Registry of Deeds Plan Book 229 Page 51 g A copy of this plan is enclosed. The purpose of this letter is to obtain your determination that Ms. Williamsf parcel is buildable as a "grandfathered lot" and that there is no Town limitation restricting access to the lot from Old King's Road. In order to assist you with determining that' Ma. Williams' lot is buildable, I will trace the ownership of her lot and all abutting land to show that her lot has not been in common owner- ship with any abutting parcels since March 29, 1973 (the date that one-acre zoning was adopted) . First, let us review ownership of the subject parcel: On August 12, 1969, Raymond D. Crawford and Gwendolyn W. Crawford deeded LOT 29 to William J. Wetmore and Marjorie R. Wetmore. This deed is at Barnstable Registry Book 1445, Page 880. Then, On December 21, 1984, the Wetmores deeded LOT 29 to Allen B. Williams and Cheryl L. Williams (see this deed at Barnstable Registry Book 4373, Page 40) . Allen B. Williams has since died and Cheryl L. Williams is now the owner of LOT 29. Next, we will review ownership of LOT 28 on the plan dated November 14, 1968, 'and recorded at Barnstable Registry Plan Book 229, Page 51. On May 17, 1971, Raymond D. Crawford deeded LOT 28 to Lawrence MacGilpin and Dorothy M. MacGilpin. This deed is at Barnstable Registry Book 1511, Page 842. Then, on August 23,. 1973, the MBcGilpins deeded LOT 28 to David A. Chute and Ruth F. Mr. Ralph Crossen Page two September 8, 1997 Chute by a deed at Barnstable Book 1922, Page 326. The Chutes deeded LOT 28 to Ruth F. Chute on August 31, 1979 (Barnstable Book 2977, Page 255) , and on June 23, 1994, Ruth F. Chute deeded LOT 28 to John J. McGreenery and Ruth C. McGeenery, Trustees of the McGreenery Nominee Trust. The "McGreenery deed" is at Barn- stable Book 9251, Page 85. Third, we find ownership of LOT 30 on the same plan as LOTS 28 and 29 as follows: On February 23, 19760 Raymond D. Crawford deeded LOT 30 to Philip M. Byrne and Matthew P. Byrne by a deed at Barnstable Registry Book 2302, Page 322. On March 30, 1976, the Byrnes deeded LOT 30 to Philip M. Byrne, Matthew P. Byrne and Bertram Zarins. This deed is at Barnstable Book 2490, Page 297. Next, On September 26, 1977, these three owners deeded LOT 30 to Bertram Zarins. See Barnstable Book 2588, Page 160, for this deed. on November 5, 1980, Bertram Zarins conveyed LOT 30 to Christopher J. Byrne by a deed at Barnstable Book 3193, page 156. Then Christopher J. Byrne deeded LOT 3.0 to the Roberts Realty Trust on January 30, 1984. This deed is at Barnstable Book 40364P Page 169. (A confirmatory deed for this conveyance was executed by Christopher J. Byrne on February 7, 1985, and is recorded at Barnstable Book 4420, Page 42, because the original deed failed to recite the name of the trustees of the Roberts Realty Trust. ) Finally, on February 15, 1985, the Roberts Realty Trust deeded LOT 30 to Sidney R. McPherson and Estelle H. McPherson. The McPherson's deed is at Barnstable Book 4420, Page 43. Finally, we trace the ownership of the land abutting the subject parcel (LOT 29) on the west. This land is shown as "Ray- mond D. & Gwendolyn w. Crawford, Old Ring's Road, Cotuit, Mass. " on the Plan. On December 16, 1968, Raymond D. Crawford and Gwen- dolYn W. Crawford conveyed this land to J. Bradford Sargent, Jr. , and Edith H. Sargent by a deed at Barnstable Book 1428, Page 180. Then on January 2, 1992, the Estate of Edith H. Sargent deeded this property to John F. Ponta, Jr. , and Catherine Hurley. This deed is at Barnstable Book 7820, Page 84. (There is a deed con- veying this land from the Ring's Grant Trust to J. Bradford Sar- gent, Jr. , and Edith H. Sargent dated September 18, 1974, and found at Barnstable Book 2098, Page 260. This provides an alter- nate theory as to how the Sargents came to own this property, but I cannot find any real support for this deed. The deed claims that the King's Grant Trust conveyed the property from Raymond Crawford in 1965 by a deed at Barnstable Book 1313, Page 301. When I checked this document, I found it was not a deed ae claimed but an easement given by the Crawfords to Cape and Vine- yard Electric company. ) A review of these titles shows that at no time since March 29, 19730 was MG- Williams' LOT 29 in common ownership with any abutting parcels. For your convenience, enclosed are copies of the plan and deeds I have referred to in this letter. Mr. Ralph Crossen Page three September 8, 1997 Next, there is the issue of access to LOT 29 from old King's Road. The subdivision plan shows a "non-access buffer zone" along LOT 29's boundary with old Ring's Road. I find no indica- tion that this buffer zone was imposed by the Planning .Board. The Planning Board Covenant for this subdivision (recorded in Barnstable Book 1443, Page 712) is simply the standard form of Planning Board Covenant and makes no reference to this buffer zone. In addition, a release of the Planning Board Covenant can be found at Barnstable Book 1537, Page 144. Final Old . .Cal reasonito restrict'drivewas Road isaccessnto ty way, and I see no logi- from it boring houses front on Old King's Road and lhave9 driveway. accessh- from said Road. If you agree with my conclusion that LOT 29 is a grand- fathered lot and buildable and that there is no Town limitation restrictinq access to said lot from Old Ring's Road, would you Please so indicate by signing and returning a copy of this let- ter. Sincerely, Joseph V. Maruca JVM/ms Enclosures Y concur with the above opinion that LOT 29 is buildable and that there is no Town limitation restricting access to said lot from old King's Road. Date nalph oseen Building Commissioner Town of Barnstable _ a Co P Q p Ll _ t III - 0 I Lei _. tLiA�c o -m Public Health Division Town of Barnstable PO Box 534 Hyannis,Ma=dws& 02601 Fax(508)715-W Phone(508)190-6' � 144� Zy4G y. JYyi'] 14'W.'7 /V 0 CD EULO 77 ID c� Gcu�r r •2 f a✓Mf/ � c<e zw O p 21' P2 /11AH5 � l'A L y` F. r ,9.✓ zs. If -_ II 2WG 1 rC(�J i : f I .. - . �by/Y! � ii��.u+�•y, 1 o . . Gee Public Health Division Town of Barnstable PO Box 534 Hyannis,Massachusetts 02601 Fax(508)775-3344 /✓� Phone(508)790-6265 �"" G� TY 26" / � 7 N'a Coue,�rP ry/ /+"oe I ;GirGo C LP - 30�X.lo.�/a - 3A"LA/LY .-..._ Fro7.✓ss ryJ' CB)I�LCS 2X/2 GYRT Tye eye Sflcr - ' IYX/O �PariT,NGs yyP 7 , n/o S>F6C Lf�iQU< ,FM TiN t ;Q70~/•v�/F/y O 2�Lmrs__'L�__.3SL1�_"_`.__.ls✓0/i�f..�. _t3t� /'wP.� �Z .,.G.axocr y'F1 x 6"u/ i�/a,s C-w,rac� as xa2 y"!oir. ftcal' . s _sue D o.*GA.avt /�.no�cr /v,vEEceo G�isrbn �/E 7 .f/D /•o,Ur�opy-,G �.0 .QN.E.CS S.vG / � �y" : // /97 i r• r .�. NA lz I . axc rr'os PXID/G'a.e. 7iY IG be 1 G.uu, cox y'ux �T/6 yiya.wo wo ' 1 .. I �Fi+C)a r'•�rr I fuw T..rss ,, t E— vvv tie wrvi7 /i'ear rxY7r 7iG9+,+w.a , x�� � I 9rr+�a 2rro,/G"oe b••—{3J.2x/2 6!<I'r . r J?XG Ncantx FRAm< ewrd.'2•ee le'cc axY T•Irrr arl alt✓• 2�ALL Xur R�oT wacar !!//44409�,215 ,- � � �.ALC ,fix fEJCJO.t GuR[LI F(Cf/•T - � � -�E .1. - "Xzje our... w .. />'.Foam f>'LG Foori.✓GS I it ii � S YS TES PROF.IL E NOT '70 SCALE :TOP FNDN. FINISH GRADE OVER FINISH GRADE EL . 78 FINISH GRADE .0 7z,, s FINISH GRADE OVER DIST. BOX 75 7 OVER TRENCHES 7�-. SEPTICAl TANK 7G y o:.•.oab., ���" 12�, .MAX. ' o Q :Q q. Do..••o` ,�'• .00•,4�•�114..Q.eW�. .V o b'+ O►„r. .Q•.� �b T07AL 'LENGTH OF TRENCH T 2 5 .o.0•Po� � � u ► OUTLE PIPE LEVEL " 3 �' FOR 2 FT. MIN. •o:o.a � �- G o0 OD•.��Q 0 O. OL . •�. ,Q;� . ;,i, '• ':V b• •` '• .o• b►br Q .P � q. �� • s r � .' ': •�4 .�e •a o d p. ' ° Q e' o• V T S 73.Z 79= 72 8o C= O G7 © O O o a dd C. I. OR P C EE 7z o o b� a • .2500 VISTRIBUT.. M BOAC GALLON BSMT FL EL . 7a, .S �� INSTALL ON LEVEL BASE •° "500 GALLON OR YWEL L S " PRECA S T NCRE TE H 0 REIN T . FORCED o. ab 0: a bo•• _ •ap:a�.d,;,,?•.oa•d:•t?•'4::b�': 'A;<,►':�1'p .p :D'O•�►a•°".'',4'%�': ' ..s, •.•o.v, .o•o•. .v 9 .• $• .. . .t .�P 1ba, .:4� .b.4. • • Sr<PTIC TANK TRENCH SECTION INSTALL ON LEVEL BASE NOTE: EXCA VA TE TO ELEV. �/W OR LOWER TO :REMOVE ALL IMPERVIOUS MA TERIAL BENEATH THE LEACHING AREA 4• orAM. 12' MIN. REPLACE EXCA VA TED MA TERIAL WI 7'H - ' ,�,. 3" OF .if8"-1/2" CLEAN, CLAY FREE SAND •�; a °b; o oo WASHED PEA STONE 3/4 1 .1/2 WASHED CRUSHED STONE s0 z ao"E i GENEPAL. NOTES TRENCH WIDTH I , 12 1. ALL ELEVA TION.'S SHOWN ARE BASED ON ASSUMED NUMBER OF TRENCHES 1 y 2. ALL PIPES IN 'WE SYSTEM MUST BE CAST `IRON _ NUMBER OF DRYWEL L,S 2 ' tic OR SCHEDULE' 4C: PVC:. �JBSER�/A T.�'O'' PIT � THE BOARD OF HEALTH MUST BE NOTIFIED 7' _ 9 N WHEN CONSTRUC ION IS COMPLETE PRIOR o - PERCOLA TION RA TE: TO BACKFILLINC., <2 iva �rd H dw. >t � •� o-, '� V� 4. ANY CHANGES IN THIS PLAN MUST BE APPROVED MIN./IN. ~ BY THE BOARD OF HEALTH AND CAPE 6 ISLANDS WITNESSED BY.• ZZ,00 �� � - • •� SURVEYING CO., INC. GERRY DUNNING o � W _ I5. 5. 'MATERIALS AND INSTALLATION SHALL BE IN BARNS. DESIGN DA TA 3 COMPLIANCE mrTH THE STA TE SA NI TARP HBO O.1 �OF HEAL TH i 94.00 o �i CODE — 'TITLE E' AND LOCAL APPLICABLE OdTE.. _._S?, 1997 * o ? RULES AND `REGL,ILA TIONS o 3 � 'C��. ,NUMBER OF BEDROOMS 6. NORTH ARROW I c; FROM RECORD PLANS AND 2 „ .a oa ,�y>z z/Z . NO o 3 : s BASS"E pL PURp 'GARBAGE DISPOSAL 1 IS NOT TO 'BE L*SED F[.QR< ONA�AZAROPSES s .,�j. �oa,�. ioYR s/d' 0 � ONE 2h' DAILY FL O)v � GAL . I 90•p0 7. FLOOD ,HAZARD .� c. B. WA TER SUPPL Y_ ` VIM c SEPTIC TANK PEG "D. 1500 GAL . SEPTIC TANK PROVIDED 1_ GAL . . t 'LEACHING REQUIRED _ GPD. iv1 zcf � v"vvl o� 10 ?' 6/G SIDEWALL AREA _ 152 S.F. ! i 07 29 y 152S.F.X `'0. 74 112 i G/S.F. GPD. } o � BOTTOM AREA 329 S.F. L.EGEND 1 329 74 S.F.X 0. G/S.F. a 243 GPD I j L EA CHING PROVIDED 355 GPD g o PROPOSED ELEVA TI'OIV ,yy, 62 h g � , , , • ,� -- EXISTING CONTOUR ? �8 '. • SINGL E FAMIL Y RESIDENC /�PJ oAp . , END, o7 9B E dr OBSERVATION PIT s e3 3. p DIS TRIBUTION BOX 5 52 urf4 .Ynx+t1 PROPOSED SENA G S S TEM ` ' PREPARED FOR 1 E/ O O SEE•�TIC TANK ` DREAM DE VEL OPERS LOT 29 OLD KING 'S ROAD REt)ERVE AREA CO TJI T — BAPNSTABLE MASS �? gAV•li� c11►. PrPE INVERT EL EVA T.ION c;HAHLEs SAMOKI DA TE. T i d /99y 26085 , CAPE 6 ISLANDS ENGINEERING PLOT PLAN_ , c - � -r ' fcisr�Rt e SCALE AS NOTED 133 FALMOUTH ROAD — SUITE 2E SCALE.• 1 ". p z , ! 2. 9 y 5' %`+:r AA. !'? f'+t",'P'' r• •.t ! n••,- ten c i