HomeMy WebLinkAbout0006 SCHOOL STREET V� 5 Gn
y
1
i
_Town of Barnstable Building
.axtesrwett Post This Card So That it is Visible From the Street-Appro edKPlans Must be Retained on Job and this Card Must be Kept
'Posted Until Final:Inspection Has Been Made. Permit
�xxt" Where a Certificate.of.Occupancy is Required,such Building shall;Not be Occupied until a Final Inspection has been made
Permit No. B-20-1414 Applicant Name: Chris Dougherty Approvals
Date Issued: 07/07/2020 Current Use: Structure
Permit Type: Building- Detached Accessory Structure- Expiration Date: 01/07/2021 Foundation:
Residential Map/Lot:. 018-027 Zoning District: RF Sheathing:
Location: 11 ELM STREET,COTUIT .n "
Contractor Name:,,- CHRISTOPHER M DOUGHERTY Framing: 1
Owner on Record: LUFF,TIMOTHY& ITALIA 'Contractor License:...CS-083689 2 .
Address: 6 SCHOOL STREET
Est. Project Cost: $ 100,000.00 Chimney:
COTUIT, MA 02635 ( _ Permit Fee:
. ' 4 $610.00
Description: New construction of a 1 bedroom 1 bath guest house with{788 sq. i Insulation:
ft. of living space. I Fee Paid: $610.00
Date: 7/7/2020 Final:
NOTE: ACCESSORY STRUCTURE W/OUT KITCHEN,-NOT GUEST ,
HOUSE. ( Plumbing/Gas
Rough Plumbing:
Project Review Req: AS-BUILT SURVEY REQUIRED BEFORE FRAME. W Building Official
+ Final Plumbing:
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.
All work authorized by this permit shall conform to the approved application and the approved construction documents for which this.permit has been granted. Rough Gas;
All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes.
This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the Final Gas:
work until the completion of the same.
-� Electrical
The Certificate of Occupancy will not be issued until all applicable signatures by the Building:and Fire Officials are provided on this permit. .
Minimum of Five Call Inspections Required for All Construction Work: Service:
1.Foundation or Footing
2.Sheathing Inspection Rough:
3.All Fireplaces must be inspected at the throat level before firest flue lining is installed
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Final'
5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough:
6.Insulation
7.Final Inspection before Occupancy Low Voltage Final:
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health
Work shall not proceed until the Inspector has approved the various stages of construction.
Final:
"Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A).
Fire Department
Building plans are to be available on site
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT Final:
Town of Barnstable Building
snntvsrwet Post This Card So That it is Visible From the Street-Approved Plans Must be Retained on Job and this Card Must be Kept
s�
`� Posted Until Final=Inspection Has Been Made. =` ^ rnit
o " Where a Certificate of Occupancy is Required,such Building shall Not lie Occupied until a`Final Inspection has been made. G jjg
Permit No. B-20-1408 Applicant Name: Chris Dougherty Approvals
Date Issued: 07/07/2020 Current Use: _ Structure
Permit Type: Building- New Construction- 1 or 2 family Expiration Date: 01/07/2021 Foundation:
Residential Map/Lot: 018-027 Zoning District: RF Sheathing:
Location: 11 ELM STREET,COTUIT Contractor Name: CHRISTOPHER M DOUGHERTY Framing: 1
Owner on Record: LUFF,TIMOTHY&ITALIA Contractor License: CS-083689 - 2
Address: 6 SCHOOL STREET
`Est. Project Cost: $400,000.00 Chimney:
COTUIT, MA 02635
Permit.Fee: $2,165.00
Description: New Construction: 3 bedroom 2 bath home with 2322 sq.ft. living !' Insulation:
s Fee Paid:,. $2,165.00
space, 224 sq.ft. screen porch,and 779 sq.ft. garage beneath + Final:
home. w Date 7/7/2020
Project Review Req: AS-BUILT SURVEY REQUIRED BEFORE FRAME. -- Plumbing/Gas
Rough Plumbing:
Building Official Final Plumbing:
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within`sixmonths after issuance.
All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. Rough Gas:
All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes.
This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the Final Gas:
work until the completion of the same.
- Electrical
The Certificate of occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit.
Minimum of Five Call Inspections Required for All Construction Work:' Service:
1.Foundation or Footing
2.Sheathing Inspection Rough:
3.All Fireplaces must be inspected at the throat level before firest flue lining is installed
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Final:
5.Prior to Covering Structural Members(Frame Inspection) low Voltage Rough:
6.Insulation
7.Final Inspection before Occupancy
Low Voltage Final:
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health
Work shall not proceed until the Inspector has approved the various stages of construction.
Final`.
"Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A).
Building plans are to be available on site Fire Department "
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT \ , Final:
` uk I ABLE
°FINE T° Town of Barnstable All 9: 14
Barnstable Historical Commission
200 Main Street, Hyannis, Massachusetts 02601
BARNSTABLE, *
MASS. �A (508) 862-4786 Fax (508) 862-4725°m---- -' j'�Q
1639. a10 www.town.barnstable.ma.us
N.
ArED MA'S
C3
Linda Hutchenrider, Town Clerk
367 Main Street
Thomas Perry, Building Commissioner
200 Main StreetCD
Hyannis,MA 02601
Re: DECISION of the Barnstable Historical Commission,pursuant to the Code of the
Town of Barnstable ss 112-1 through ss 112-7 APPROVING the application for
DEMOLITION of property as follows:
1304 Main Street, Osterville, Map 119, Parcel 079, Commercial Building("La
Petite Maison"), Built in 1soo. Not Inventoried. O�y
q l
Applicant: Eben, LLC, representative Timothy J. Luff,Archi Tech Associates
6 School St, COTUIT< MA 02635
Owner: Lightship LLC
Date application submitted: March 12, 2009 .
Based upon the evidence presented at the meeting, the Barnstable Historical Commission voted
to find that the structure at the above referenced location is not a significant building and that
architect Timothy Luff has designed the replacement building to be very similar in appearance
to the one being demolished.
The Commission voted unanimously to APPROVE demolition of the building at 1322 Main
Street Osterville.
Sincerely
o
Barbara Flinn, Chairman date: 2009
r .
Assessor's map and lot number ,.
............... OF TH E t0
Sewage Permit number r....................................................
Z 33AWSTLDLE, i
Housenumber ........................................................................ 90o M6 & 0�
39
'EO AIPY a�0
TOWN OF BARNSTABLE
UUILPING INSPECTOR
APPLICATION FOR PERMIT TO ............ ..........................................................................................
{
TYPE OF CONSTRUCTION J).JOql�...............................................................................................................
.. .... ........ .................... .. ....
u
TO THE INSPECTOR OF BUILDINGS:
The undersignee�dt�hereby applies for a permit according to the following information:
Location ��... .!!!.1�t� ..... . .... ......I.4.ta.).).. ................................:............................... ...................................
DProposed Use (;^^ .;kC.................................................................................................................................I.........................
Zoning District .RE ................. ..... ..........................Fire District C� Z/.�..�..........................................................
Name of Owner Address `..?.....C-��IL �I ......�i .. )I I UL. ..................
c
Nameof Builder ..,c 1....................................................Address ....................................................................................
Nameof Architect ... .................................................:..Address ....................................................................................
Numberof Rooms ....►.0t......................................................Foundation ..............................................................................
Exierior ^ .r! ...Roofing
Floors .....................
...................... ....................................................................................
Heating ..Kk........................................................................Plumbing ..................................................................................
Fireplace ' ...............................Approximate Cost ....................................................................
I ham,,
Definitive Plan Approved by Planning Board ------------------------_-------19________. Area X l� ........ ............Ul. .....
' .
Diagram of Lot and Building with Dimensions Fee
SUBJECT TO APPROVAL OF BOARD OF HEALTH
I
h
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction. n �Y /,�A I
Name I,l,l� � ....!...... ,...U►W ..............
�.
BURLINGAME, BRUCE (::7:A=3 5-�54
'
23294
ADD DECK
No ................. Permit for ------------ �
Single IpaoiiIy Dvve-=-,,^ '
-------:-----'~---' ----.
Location ....S ..Sobg�l.S .______. '
�
" ^
Cotoit '
--------------------------'
.
�
Bruce Bo�Ii
Owner ------_-_-_g�����______
Type of Construction .J�-KAMIP........................... . .
-
�
--------------------------.
'
Plot ...
'
~ �
pe,m|� �ronoau � `
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�
Dote of Inspection ........~=~_...........
Dote Completed
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'
PERMIT_ '_- �
.......................................... lV
'
.............. .................. ..................... �
v
� -----------_---...--..-.----...
�
-------------------------''
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Approved ---------------- lg
------'^.-------.--.--------.
-------------------.-~----... /
Assessor's map and lot number ......
I , 4-11-1 . THE
t639-
TOWN OF BARNSTABLE
ING m� m �� mm��
�� �� � �� m_
APPLICATION FOR �PERM0[ TO .l �/ �.\./ ------------------'--''--''-
TYPEOF CONSTRUCTION .-WODD.......... .............................................. _...................................................
'
� p~1
.� ../----_--]o�/_.
—
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby | for o permit according to the following information:
Location (^ \ �> ( o�|(} —~ V� \Cs- .
''°—=="`'^^^--�^+'—°~-°�'^~"`^'^r+� +'^--------------------'----^-----.--
� .
ProposedUse Dal,~ --.------.-----.—.—..---_--.-----------.--------------.
'
��
Zoning D —... --------..Rve D��icfi=�C�.]i(���.......
' — -----..
Nome of Ovvno� —.K..�—. --A66re» ��—.. --.~��*.. _____..
Nome of Builder -----------------A66nsm ---.---.---------.---.--..---...
& U\
Noma of Architect ) .-----------------.A6dresu --------------------..-------
k ���
Number of Rooms —��L.L—.---------------.Fount-bition ---------------`---------__
*l �
Exlorior ',^'���---------- ...... .....................................Roofing -------------____----_—_____
Floorso. ............................................................................ ----------_--______________..
L )N
| 'Heating. .-----------.------------.F1um6ng ----------.—..—.—.—,_____,~___
'
Fireplace '. AL-----------------------Approximate Cost ---------,__,___~___. .
�
'
Definitive _-------_--_- - ---- �� —
veP|on Approved 6v Planning Board ' ' - lQ ' Anao = --��—=--��.�w .
Diagram of Lot and Building with Dimensions Fee _.. ___^�`..=�=��
SUBJECT TO APPROVAL OF BOARD Of HEALTH
�
'
' |
�
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| hereby agree to conform to all the Rubs and Regulations of the Town of Barnstable rding the above
� construction.
'*4�
NomeL.f�^yZ��.�� —..^�'--..—.-
, ` / o
BURLINGAME, . BRUCE
2.w2 9 4`. ADD DECK
Now " .:....... Permit for ....................................
� r
Sin.gJ.e...F.4M nJ..............
Location 6 School Street
Cotuit q
. ...........................................................................
Owner ..Bruce Burlingame 1
...............................................................
Frame
Type of Construction ..........................................
' ................................................................................ _
Plot ............................ Lot ................................
s �
Permit Granted .....July..lJi..............19 81
Date of Inspection .............................. ..19
Date Completed ....................�..�19
PERMIT REFUSED
.............................. 19
................................................................................
Approved ................................................ 19
...............................................................................
...............................................................................
301-T 7
Engineering Dept.(3rd floor) Map 6 3 Parcel 0 5 y Permit#" _
House# 'bate Issued -7
apM Board of Health(3rd floor)(8:15 -9:30/1:00- Sb D.
- •Conservation Qf iee (4th€leef)($�9-9;39,W '2 iwj
Sp a T jC SYSTEM MUST BE
o mm. NSTALLED DANCE
Befi i9 Wl
ENVIRONM E AND
TOWN OF BARNSTABLE T Ns
....
Building Permit Application
Project Street Address (p
g �LL
Villa e L�--� GmT
Owner Kc1-4r*, Address `
Telephone
Permit Requestf(L
tE_.
-jO-V if q Ham !
First Floor square feet Second Floor 6nE f-4 l = _ square feet
Construction Type CJ�
Estimated Project Cost $ , �
Zoning District - Flood Plain Water Protection
Lot Size Grandfathered es ❑No
Dwelling Type: Single Family ❑; Two Family ❑ Multi-Family(#units)
Age of Existing Structure Historic House ❑Yes t o On Old King's Highway ❑Yes LINO"
Basement Type: O'Full Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) 1a Basement Unfinished Area(sq.ft) �n d
Number of Baths: Full: Existing New Half. Existing �_ New
No. of Bedrooms: Existing New
Total Room Count(not including baths): Existing New First Floor Room Count
Heat Type and Fuel: ❑Gas 210' il ❑Electric ❑Other
Central Air ❑Yes No Fireplaces: Existing New o Existing wood/coal stove ❑Yes 91410�
Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size)
❑Attached(size) ❑Barn(size)
Q'1Vone ❑Shed(size)
❑Other(size)
r
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
x�ommercial Res ❑No If yes, site plan review#
Current Useli'(oilc Proposed Use
Builder Information
Name Z ' ke•- � � Telephone Number
� P
Address ( 7 License# � 62-5a
Home-Improvement Contractor#
Worker's Compensation# � 3���_-
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
SIGNATURE DATE
BUILDING PERMIT DENI FOR T FOL WING REASON(S)
' r• FOR OFFICIAL USE ONLY - is -'-••
`PERMIT NO.
DATE ISSUED
MAP/PARCEL NO.
,
ADDRESS ' VILLAGE
OWNERpil
r
DATE OF+INSPECTION:
FOUNDATION
FRAME k. F
INSULATION !"
r i t
FIREPLACE j •' _ i t T - i
ELECTRICAL: ' ROUGH FINAL
PLUMBING:• ROUGH FINAL'
FINAL - - � � _ � •. � °,
GAS: .,ROUGH
FINAL BUILDING
.,DATE CLOSED-O � I
'ASSOCIATION PMN
p.� ..,. •tea + ,; ,� ;
3 Bey � ,• - r ,
M
ram'` r•
- — The Commonwealth of Massachusetts
...r - _
Department of Industrial Accidents
8 ce of/nsestigations
- � 600 Washington Street
Boston,Mass. 02111
Workers' Compensation Insurance Affidavit
name:
location:
city C'�� / i phone#
❑ I am a homeowner performing all work myself.
❑ I am a sole r netor and have no one working in anv capacity
% ME I am an emplover providing workers' compensation for my employees working on this job.
f .
company name:. `�� ' ✓'v �
address:
cites j ��4J phone#: r` J�
insurance co. olicv# I "
❑ I am a sole proprietor neral contract , or homeowner(circle one)and have hired the contractors listed below who
have
the following workers' compensa 'on polices:
company name:
address:
;: ......
City <ohone#:
.
insurance co. olicv# %/%�/%%/
oo
company name :::::>:>.:;.:;:....
address:
��- shone#•
insurance co.. .:: olicv#
_.
Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to S1,500.00 and/or
one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a tine of 5100.00 a day against me. I understand that a
copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification.
I do hereby c rtify tinder he pains and penalt. of per' at the information provided abo737
d correct
Date3
Signature 1' /1
Print name J �! l �` it Phone#
official use only do not write in this area to be completed by city or town official
city or town: permit/license# ❑Building Department
❑LiceL
ard❑check if immediate response is required ❑SelecOffice
❑Healrtmentcontact person: phone#; ❑Othe
(revised 9/95 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 contract
of hire, express or implied, oral or written.
An employer is defined as an individual, partnership, association, corporation or other legal entity, or any two or more of
the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver o:
trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a
dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of
another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or
building appurtenant thereto shall not because of such employment be deemed to be an employer.
MGL chapter 152 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 may be
submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and
date the affidavit. The affidavit should be returned to the city or town that the application for the permit or licemse 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 peimit/license number which will be used as a reference number. The affidavits may be retuchRl io
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 call.
The Department's address,telephone and fax number:
The Commonwealth Of Massachusetts
Department of Industrial Accidents
Office of Invesduadoos A
600 Washington Street
Boston,Ma. 02111
fax#: (617) 727-7749
phone#: (617) 727-4900 ext. 406, 409 or 375
r
r
lie �anvmoruaea//f a��ac�iuoeCl�
DEPARTMENT OF PUBLIC SAFETY
COASTRUi6ON SUPERVISOR LICENSE
Nugber Bzpires: Birthdate:
CS, 8 6 39 s63/02/1999 0310211945
- Restricted 4a �e
T --wtRACY D PRATT
1720
COTUIT, MA 02635
1
Town of Barnstable
Planning Department
Staff Report
Appeal Number 1998-48 Grover/Kinlin
Modification of Appeal No. 1992-54
Date: March 26, 1998
To: Zoning Board of Appeals
From:
Approved By: Robert P. Schernig, Director
Reviewed By: Art Traczyk, Principal Planner
Drafted By: Alan Twarog, Associate Planner
Applicants: Paul E.Grover and Robert B. Kinlin
Property Address: 6 School Street, Cotuit,MA
Assessor's Map/Parcel Map 035'Parcel`054
Area: 0.09 acre Building-Area: 1,548 sq.ft. ..
Zoning: RF Residential F Zoning District
Groundwater Overlay: AP Aquifer Protection District ..
Filed:Feb. 18, 1998 Public Hearing:April 1, 1998 Decision Due:May 29,.1998
Standing:
The application states that the applicants have owned the subject property for two years..The latest
assessor's card from 01/04/96 indicates that the owner of the property is Bruce T. Burlingame. The
applicants should be prepared to submit evidence of standing before the Board.
Background:
The property that is the subject of this appeal is a 0.09 acre parcel located at-6 School Street in Cotuit. The
lot is improved with a one-story 1,548 sq. ft. building currently being used as an office and an apartment.
The office use is limited to 600 sq. ft.,with the residential use occupying the.remaining 948 sq. ft.
In November of 1979, the Zoning Board of Appeals granted a variance (Appeal No. 1979-63)to allow a real
estate office in the front portion of the residence on this property; located in RF Residential F Zoning
District. The Board granted the variance with four conditions essentially limiting the size of the office and
restricting it to the front portion of the residence. These conditions also addressed parking and signage
(see the attached Facts and Decision for details). It should be noted that the Variance granted in Appeal
No. 1979-63 was later amended by court agreement which specified,that the office activity must be carried
on by the residents living within and further limited the nature of those employees on-site (see the attached
Agreement for Judgment).
In October of 1992, Appeal No. 1979-63 was further modified in Appeal No. 1992-54 to allow an.increase in
square footage of the office use, expand the number of full-time real estate brokers, and eliminate the owner
occupancy requirement for the residential use within the structure. The Board granted this appeal with
several conditions (see.the attached Decision and Notice).
The applicants are now seeking to modify Appeal No. 1992-54 to allow the use of the property to include
real estate, law, architects, CPA and/or general offices. The applicant has stated that requiring the use to
be limited to real estate brokers is too restrictive without allowance for similar small office uses. All other
conditions would remain.
ti
Town of Barnstable-Planning.Department-Staff Report
Appeal No. 1998-48:Grover/Kinlin
Modification of Appeal No. 1992-54
Staff Review:.
Main Street in the village center
of Cotuit and abuts Town
The property is located on.School Street just off M g
open spac
e property Cotuit Memorial Park). The site is within the traditional village center which still
. P
contains grandfathered retail, office and commercial uses.
Parkin
A maximum of 600 sq. ft. of office space is permitted under the conditions of Appeal No. 1992-54. These
conditions further require that there be 4 on-site parking spaces; 1 space reserved for the occupant of the
apartment unit,2 spaces for office clients, and 1 space for employee parking. A leasing arrangement for 2
additional parking spaces located across the street at the old gas station (Cotuit Oil Co.) is also required.
The Zoning Ordinance requires 1 space per 300 sq. ft. of office space plus, 1 per separate suite and 1.5
spaces for the apartment unit for a total of 5 parking spaces. The Zoning Ordinance does not distinguish
between the types of office uses for parking requirements. The site is located within walking distance of the
Cotuit Post Office parking lot, the Cotuit Library parking area, and the Cotuit Federated Church parking lot.
Parking appears to be sufficient for this site and is adequately conditioned in Appeal No. 1992-54.
The applicant should be prepared to submit a copy of the leasing arrangement for the required parking
across the street.
Staff Comments:
Restate Brokers office can generate more traffic than most other professional offices-architects, lawyer,
accountants, etc.
If the Board should find to grant this modification, staff has drafted possible text for modifying Condition
Number'1 of Appeal No. 1992-54 that now reads;
1. the office use shall be limited to occupancy by a maximum of four(4) real estate
brokers/employees;'
to the following:
1. "the use of the property shall be limited to one enterprise of professional office use, not including
medical offices, and is limited to a maximum of four(4) employees;"
All other conditions of Appeal Number 1992-54 should remain.
Attachments: Applications
Assessor Map/Card
Facts&Decision for Appeal#1979-63
Decision and Notice for Appeal#1992-54
Agreement for Judgment
copies: Applicant/Petitioner
2
BARKSTABL THE ZONING RELIEF BEING SOUGHT HAS
TOWN OF
FEEEN DETERMINES BY ZONING
_r rs pc.Zoning Board of Appex
�� `� Appls cat'iog to Petition for BELIEF G
IAUUIDLSTAN CE&
Date Received For office Use only:
Town Clerk offi& P-9 1 ' `= ; Appeal #
W_.__._.. Hearing Date O16 /
.. _ Decision. Du /e
The undersigned hereby applies to theFggn� (§V:4rd'of Appeals for a. Variance from
the zoning ordinance, in the manne ' and for the re sons hereinafter set .forth
Petitioner Name: Paul E. Grove, _& Robert._B:' Kin` . , Phone 420 1130
Petitioner Address: 4 Wianno Ave. , Osterville, MA 02655
Property Locat on: 6 School Street, Cotuit, MA
Property Owner: Paul E. Grover & Robert B. Kinlin Phone 420 1130
Address of owner: 4 Wianno Avenue, Osterville, MA 02655
if petitioner differs from owner, state nature of interest
Number of Years Owned: Two (2)
Assessor's Map/Parcel Number: Map 35 Parcel 54
Zoning District: Residence F
Groundwater overlay District:
variance Requested: 40A Sec. 14 Modification 1979-63 & 1992-54
cite section & Title of the zoning Ordinance
Modification
Description of/ variance Requested: Modification of Conditions under present variance
as modified in 1992 changing real estate brokers office with 4 employees to include
real estate, law, architects, general offices.
Description of the Reason and/or Need for the variance: To.require the use to be
limited to real estate brokers is too restrictive without allowance for similar uses
such as law, architect, CPA and other small office use withh all other conditions re-
maining.
Discription of Construction Activity (if applicable) : NONE
Existing Level .of Development of the Property - Number of Buildings: One (1)
Present Use(s) : Real Estate Gross Floor Area: 600 sq..ft.
Proposed Gross Floor Area to be Added: 0 Altered: 0
is this property subject to any other relief (variance or special Permit) from
the zoning Board of Appeals? Yes No []
if Yes, please list appeal numbers or applicant's name 1979-63 & 1992-54
Bruce Burlingame
Application to Petition for a variance
Is the property within a Historic District? Yes [] No
Is the property a. Designated Landmark? Yes [] No
For Historic Department Use Only:
Not Applicable . . . . .. . .. . . . . .. []
OKH Plan Review Number
Date Approved
signature
Have you applied for a building permit? Yes [] No
Has the Building Inspector refused a permit? Yes [] No
All applications for a variance which proposes a change in use, new
alterations or
reconstruction, a expansion, except for single
construction, recon ,
or two-family dwellings, will require an approved site Plan (see section 4-
7.3 of, the zoning ordinance) . That process should be completed prior to
submitting this application to the zoning Board of Appeals.
For Building Department Use Only:
Not Required []
site Plan Review Number
Date Approved
signature:
The followings information must be submitted with the Petition at the time
of filing, without such information the Board of Appeals may deny your
request:
* Three (3) copies of the completed Application Form, each with
original signatures.
Five (5) copies of a certified property survey (plot plan) showing
the dimensions of the land, all wetlands, water bodies, surrounding
roadways and the location of the existing improvements on the land.
All proposed development activities, except single and two-family
housing development, will require five (5) copies of a proposed site
improvements plan approved by the site Plan Review Committee. This
plan must show the exact location of all proposed improvements and
alterations on the land and to structures. see "Contents of site
Plan:" section 4-7.5 of the zoning ordinance, for detail
requirements.
The petitioner may subm,Wany additional supporting documents to
assist the Board in uA ng i determination.
PAUL E. GROVER & B. I
signature: BY: 14
Date: 02-05-98
AMORE tioner or Agqents S, natt re
A. SCHILLING, THEIR
AITO
Agents Address: 1550 Rt. 28, Center Place Suite 10 Phone: 775 0700
Centerville, MA 02632 Fax No. 775 0792
TOWN CLERK
BARNSTABLE. MASS: TO " N OF BARNS A
Board of Appeals
'79 NOV -8 PM 1 26
Deed duly recorded in the _Bar s�.tab.le. _.:.:
..___..Car.�.l_F.._....>i._.Bxuc.�e...T.......B.u.r_li.n.game._...__......_. Y
Property Owner
County Registry of Deeds.in Book
_ wl1 st
Page �"'�"'R ry
Ga.ro.LF.._..a ...&r..u�ce._S.._.Bu.r_l.�i.�gene;.-�-:-••---
egi
Petitioner
District of .the Land Court Certificate'.No.
Book Page.
mb
Novee
Appeal No. r. 2 1979
_-
FACTS and DECISION.
Carol F Bruce T. Burl i ngame_ _ filed petition on August _2� _ 1g79 ,
Petitioner _ ....___......._ �._.__ _. _ _
requesting a variance-permit for premises at S.h•Q.Q.L ----w------ Street, in the village .
e ataed 1 i st� -L .-.
of __- Co1r �•,.._ _ ._ _._ �, adjoining premises of. _�_se._ tch
_---•----
for the purpose of . _VAr.i.an.ce_.tcx_al..1.c rea1_.es.ta ta-nl f i.ce i_n -cnnt�.act i Qa_-a£ --- --
res i dence. -- -•-----•��— — --
Locus is presently zoned in Residence F ,zoned,district., w --
tage prepaid, to all persons deemed affected and
Notice of this hearing was given by mail, pos
Cape Cod News >;
by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy of
which is attached to the record of these proceedings filed with Town Clerk.
A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town
_)&NX P.M. _.Sep.temher__2.7 1979. ,
Office Building, Hyannis, Mass,, at . .,.7.'_45 ---'— """
upon said petition under zoning by-laws.
Present at the hearing were the following members:'
Luke P. Lally ._ Frank_P.
_.Ri.cha.rd._L......B.ay. ._ . __ .. _ _.... _ ..._ .. ..
Chairman
At the conclusion of the hea the Board took said petition under ,•isement. A view of the
locus was had by the Board.
Page 2 of _...�....._.
Appeal _
On __November 1 ___:__ .__._ 19..7.5._._...., The Board of Appeals found
Attorney Russell Wilkins represented the petitioner, Carol . F. Burlingame, who
is seeking a variance to allow a real estate office in her residence. at. School
St. , Cotuit, in a residence F zoned district which allows a single family dwelling
and home occupation or professional use. The petitioner pl.ans no change in the
exterior of this building and only the front part of the building, which has had
many prior commercial uses, would be used for .the proposed real estate office.
The conditions under which a variance may be granted were explained. by Atty. Wilkins.
The topography of the land concerns not only the configuration of the land but the
buildings upon the land. The building in question is only 10 ft: from the road and
is 18 ft. wide and 70 ft. long. Its appearance is that of a storefront and this
property cannot readily be used as a residence with respect to the front portion
which is so close to the road. This property has been assessed by the town as
commercial property and the petitioner has suffered hardship based on this assessment...
Three parking spaces will be created on the property for the real estate use and
in addition, two parking spaces will be leased across the street. from the Procopios;
which will create a total of five parking spaces. - The leasing arrangement could be
a restriction if the Board's decision is favorable. Allowing the petition would serve
the public good inasmuch as there are now two real estate. offices in Cotuit and allowing
this petition would mean there would be a third choice of realtor. At the. time the
town adopted zoning, the building in question had a commercial u-se and this use continued
for some time after 1956. The only change on the property would be. a sign designating
the real estate office. A petition with more than 200 signatures of .those in favor
of the peti.tion was presented to the Board and a letter from Cotuit Exxon on the two
additional parking spaces was also submitted'. Atty. Wilkins said that allowing the
petition would not be detrimental to the neighborhood due to the many surrounding
commercial properties,and would not derogate from the spirit and intent of the
zoning by-laws. The property is unique to the zoning district in which it is located
due to its peculiar shape and- closeness to the road and the petitioner cannot utilize
the front portion of this building for residential use. Those speaking in favor of
the petition were: Mr. Longa, Mr. Procopio, realtor Bob Cunningham, and Mr. Wing,
all of whom felt the petition should 'be allowed based on the .conditions represented
by Atty. Wilkins.
(cont.)
I,
Clerk of the Town of Barnstable, Barnstable
County, Massachusetts, hereby certify that twenty-one (21) .days have elapsed since the Board of
Appeals rendered its decision in the above entitled petition and that no appeal of said decision has
been filed in the office of the Town Clerk.
Signed and Sealed this _.-- - dad of -• -•--- ----
19. _ under the pains and
penalties of perjury.
Distribution:— __.__._ . ._ _._.... ...
Property Owner _._...._.._.__._... .__..____
Town Clerk - Board of Appeals
Town of Barnstable
Applicant
Persons interested
Building Inspector
.... .........
........�
Public Information By ""'�"""'�'��'"•."'.
Board of Appeals Chairman
BOARD OF APPEALS
Aua
1g t6j9• `
Appeal No. 1979-63 . Page of 3.
Atty. Michael Ford represented Elaine. and Ronald Mycock who .are opposed to the - ,
granting of the petition and Atty. Ford questioned the hardship :to this property
as represented by Atty. Wilkins and said that literal enforcement of the by.-law
must create the substantial hardship. The petitioners .have .used .the property as
a residence and the last commercial use of the.. property was in 1966.: Since the.
property has some use as a residence there is no hardship. Att.y. . Ford .said Oaf--
the hardship test had not been met and asked that the use not be granted. ' '
In rebuttal , Atty. Wilkins said that Atty. Ford recognized that there is hardship
to the property and. that hardship continues to prevail . The petitioner cannot. live
in the front part -of the building which is the only ,area to :be converted to a real
estate office, because of its closeness to the road. The Board has the authority
to grant the requested relief and variance conditions do- exist. at the site. The
Appeals Board took the matter under, advisement.
The Board found, after viewing the property .in question, that variance conditions
as defined in Section 10 of Chapter 40A, M.G'.L. do exist at this site: The shape
of this property along with the topography of the existing structure, render it.
unique to the zoning district-due to its long, narrow measurements, and its close-
ness to the road also prohibits any sense of .privacy common to a residence. Inasmuch
as the prior use of this property was for a commercial gift shop, it is obvious to
the Board that its original construction was to accomodate this purpose and although
residential use can be made of the rear portion, the front portion of this building
is unuseable for living purposes. These conditions are unique to the structure of
this property and do not exist in any other residence in the zoning district. in
question. There would be no .detriment to ,the neighborhood by allowing the. pet.ition
since the surrounding property is commercial , nor would there be. derogation of the
spirit and intent of the zoning by-laws since the petitioner will provide adequate _
parking on-site and across the road for the real estate office. . There will be no
appreciable impact on the congestion already existing in this area due to the many
non-conforming commercial uses already in existence. The Board's approval of this
petition is subject to the following restrictions:
1. There shall be no more than two real estate brokers
operating from the real estate office.
2. There shall be a. leasing arrangement for the two
parking spaces across the road and a copy of the
lease submitted to the Appeals Board prior to the -
opening of the real estate office.
3. The front portion of this building abutting School
Street shall be used for the real estate office and
the office area shall :not exceed. 18 ft. x 22 ft.
4. A sign may be attached to. the front of the building
-
and shall not exceed twos uare feet.
q
31 .12:31 •COTUIT REALTY P.2/7 P.
287
COHHONIICALYH Of HASSACHUSETTS +�
(3ARNST AfiLE SS. SUPERIOR CnUR T # t
NO. 3964.0. 1 .
ELAINC Ms HYCOCK,
PLAINTIFF ) f
vs
RICHARD L. 80Y, LUXE P. ) AGREEMENT FOR JUDGERENT. j
LALLY AND. FRANK P. K.
CONGDON HCHBERS Or ItiC ) -
BOARD OF APPEALS -or THE )
TOWN Of BARNSTABLE AND )
CAROL F. BURLINGAME
DEFCNDANTs
Now comes the parties in the above captioned matter and
agree and rogoos.t •the court to enter judgement as Lollowas � .
Yhot the decision Of the Defendant Board of Appaele .be
emendod in followst
T) • That restriction Number 1 on page three or said . ;.
decision be stricken end. that the following new
restriction be inserted in place thereof. '
RESTRICTION i. The use of that portion of the
building is is provided hereinafter by restriction
Number 3t shall be. 1101 ted a$ followai F
e) Said real estate business shall only be
carried on by the owner occupants of the
residential portion of the building. a
-.
b) No more than one pert-tire nonresident t
too'I state broker or. sales parson shall, be
employed thereine
r:
o) No more than one full-timo nonresidont
j clerical employee shall be employed therein
and further provided that said full-time
clerical employee shall not hold a real• estste
MrcaR. CILAVY broker's, or sale$' person- license. • '
mm"PHA.u• .• d) No other persons. shell be employed therein P
Or, work ther$fro0v r
r
Maw",SAW.MMf P
vft MA MOM t .
y
war• .. .r...u- r ....w t •� w.r... - 7' -
i
P.3/7
12:31 COTUIT FEALTY
�i
fondant
I. 1
�) the toasindar of the deaffi n of ithet Oentirety.
• Board of Appaale is hereby
'� ichaal D. ord
rvice Mora Attorney for Plnintiff ,
for Defondant
Lorne 7 main St. • • ��
I At Y 1 1 ,
4166.bere of the Board of + V`
Hyenninr NA.
Appeal of the Yawn of 771-5070 `
i. Barnatnbls
8nrnatable YoNn Hell
N lkin9
ues l ..,.
Attorney for Oafendant .
Carol f. Burlingame
65
So St., Ext,
Hyannios I4A.
771-4210
f
1
1 f
ercocc.x"oY
I • G��tN
Irk r4r a�rpT
UINIMII.aNa:a.W
=DID APR 28 82 `
Town of Barnstable TOWN G4 EM
Zoning Board of Appeals BARNS TABLE ASS.
Modification of a use Variance 23
Decision and Notice
Appeal No. 1992-54
Summary
Appeal No: 1992-54
Applicant: Bruce T. Burlingame
Address: P.O. Box 335, 381 Main Street, Cotuit, MA
02635
Property Location: 6 school Street, Cotuit, MA 02635
Assessor's Map/Parcel: 035/054
Zoning: RF: Residential F District
Property Owner: Bruce T. Burlingame Carol F. Burlingame
Applicants Request: Modification of an Existing variance
#1979-63, - Restrictions No. 11 2 and 3.
Activity Request: To permit an increase in the existing .
office use. floor area, an increase. in the
number of persons employed at the office
and an apartment use within the remainder
of the building.
Procedural Provisions: MGL chapter. 40 A, Section .14 - ". . . modify
any order or decision, ..."
Background:
This decision concerns the petition submitted by Bruce T. Burlingame,
who requested a modification of the conditions of an existing use
Variance #1979-63. The Use Variance was granted to permit a real estate
office within an RF, Residential F zoning District. The use variance
was conditioned with. 4 provisions which were further defined and
conditioned in an Agreement for Judgment. The applicant. is seeking to
expand the office use and to modify those conditions as identified as
follows:
Existing Conditions Applicant Proposal
1. limited the number employed 1. allow employment of up to 4
to 2 real estate brokers real estate brokers/employees
2. provided for two parking 2. reduce the required two '(2.)
spaces off-site off-site parking spaces
3. limited the office area to. 3. allow an expansion of the floor
the front portion of the area of. the building .permitted
building defined As 18,x 22, as offices from 400 to 600 sq.ft.
(approx. 400 sq.ft. total)
4. required owner occupancy 4. allow the: apartment to be rented
Decision and Notice
Appeal No 1992-54
acres is developed with a one story mixed use offs
e and
The lot 0.09 .
't ed
residential structure of 1,254 gross sq.ft. . The office use is lino
to approximately. 396 sq.ft. of the structure, with the residential one
occupying the remainder of 858 sq.ft. It is located
4
bedroom- apartmentPY
. er of cotuit on School street and
within the traditional village center.
just west of Main street.
Procedural summary:
The application was filed in the office of the Town Clerk and at the. .
Zoning Board of Appeals office on August 19, 1992. A.public hearing,
duly noticed under M.G.L. Chapter 40-A, was opened and closed on
September 10, 1992, at which time the Bo
ard rend
ered a favorable
P petition.was heard by
Appeal. The eti
decision with conditions on this P
Bo
ard Members: Gail Nightingale, Ron Jansson, Richard Boy, Elizabeth
Nilsson and chairman Dexte
r Bliss.
Both Bruce T. Burlingame and his attorney, William Beard, were Present.
The Board discussed the procedural matter of the applicant's request for
existing variance versus a special Permit. The
a mo
dification of an g
concerns were that a Variance remains with the land and structure and is
transferable to another owner.
Attorney Beard discussed the prior use variance granted in 1979 - the
circumstances basically have changed very little since that time,
however, the petitioner is seeking to expand the portion of the building
devoted to the real estate business. The applicant, Bruce Burlingame
described his plans for the structure and its use to the Board. He also
described the current conditions related to businesses in Cotuit and the
economic problems they face today.
Attorney Beard discussed the history of the structure and explained that
it was originally built in the
if 11900�tique shop,as a meat martet.
studio and
subsequently it was used a gshop,
other commercial uses. He described the lose of businesses from the
Village center to the outer Route 28 corridor as adding to the slow but
steady decline in village character. The issue of traffic, parking,
economic uses and the ambiance of the village center was discussed. The
applicant stated that he intends to sell the business, a real esatate
office, but is going to retain ownership of the property.
Letters of support from- Richard Lord and Marjorie Wallace were submitted
to .the record. Henry Wolcott, a cotuit resident and Chairman of the.
Zoning Committee of the Cotuit Civic Association, stated that it is .,
appropriate to retain the commercial nature of the business, but the
main concern is the need for adequate parking.
Variance conditions were addressed in terms of the unique lot shape,
structure position and topography. All exist today, as in 1978 upon
which the original variance was granted.
Decision and Notice
Appeal No. 1992-54
Finding of Fact:
Based upon the evidence submitted and testimony given, at the. public
hearing of September 10, 1992, the Zoning Board of Appeals unanimously"
found:
1. A Use variance #1979-63, granted in accordance with MGL Chapter
40A, section 10 in 1979 exists on the property, :
2. In accordance with MGL Chapter .40A, . Section. 14 .The Zoning Board of
Appeals may modify of an existing variance,. order or the '.
conditions imposed.
3. It would not be detrimental to the surrounding neighborhood to
allow the office use to:
a. expand to four full-time real estate brokers from the .
current restriction of three full-time and one part-time
employees;
b. permit the office use to expand an additional 200 square
feet. from its present limitation'of 400 sq.ft.; and
C. eliminate the owner occupancy requirement for the
residential use within the structure.
Conclusion:
Accordingly based upon the findings, a motion was duly made and seconded
that, Appeal No 1992-54 for a modification of an existing use variance
be granted in accordance with MGL Chapter 40 A, section 14 and subject
to the following conditions:
1. the office use shall be limited to occupancy by a. maximum-of. four
(4) real estate brokers/employees;
2. the office use may expanded within the present floor area of the
building up to a maximum of 600 sf.;
3. the apartment use within the building is limited to one apartment.
unit only and shall not be occupied by more than two (2) persons; .
4. there shall be no further expansion of the building in terms of
footprint, he or total gross area of the enclosed structure;
5. the apartment shall be rented only on an annual year-long lease no short term leasing or subleasing shall be permitted;
6. the office use shall only occupy the front portion of the building
- with the apartment unit behind. Each use shall have its own
entrance from the outside;
Decision and Notice
Appeal No. 1992-54
7. there shall be .four (4) on-site parking spaces, one (1) space
reserved for the occupant of the apartment unit and two (2) spaces .
shall be reserved for office clients and one (1) space reserved
for employee parking;
8. there shall be a leasing arrangement for two (2) additional
parking spaces to be located across the street at the .gas station.
A copy of the leasing arrangement shall be filed with. the decision
of the Zoning Board of Appeals and said. leasing arrangement shall
remain in effect so long as this variance remains in effect unless
further modified; and
9. the sign may be attached to the front of the building and shall
not exceed two (2) square feet and shall comply with existing
zoning.
The vote was as follows:
Aye: Gail Nightingale, Ron Jansson, Richard Boy, Elizabeth Nilsson
and Chairman, Dexter Bliss.
Nay: None
Order:
Appeal No 1992-54 to modify an existing use variance has been granted
with conditions, for the existing structure located thereon. Appeals of
this decision, if any, shall be made pursuant to MGL Chapter 40A,
Section 17, and shall be filed within twenty (20) days after the date of
the filing of this decision in the office of the Town Clerk.
Pil(JI'l-I I I Y A[A Ail-t;t; I ZONING IDIS-IRICT CODE SP-DIsrs.j DATE PRINTED1 Sl A 1, IDENTIFICATION NUMBER
C A PCS I NBHD PABCU KEY I,
S
OU08 SCHOOL S-T,R-E E T RF 200 OICT 01/04/96 3401 00 03AB 54. 208
6_1 4-1:i�III:SC I III,I W*F— ADJUSTMENT FACf0RS T
Y UNIT ADJ'D.UNIT ACRES/UNITS VALUE D,sc,i,,Iion JBURLINGAMEr BRUCE T MAP—
LOC IYR.SIIFC.CLASS ADJ. CONE). PRICE PRICE
—-----— OBLDG(S)—CARD-1 3 53,800 CARDS IN ACCOUNI
30 3SITE 1 x .0� =10C 489 150 59999.99 440099.95 .09 39600 #LAND 3 39o,600 01
L OF 01
A #PL SCHOOL ST COT LUb I Y1 (u
N COMM/RESID U x 100 76632.00 - 76632.00 1.00 766UU d ORR 1433 0050 MARKET 6960
D INCOME 9340
USE
A
D APPRAISED VALU
D i c 93,40
A u PARCEL SUMMARY
T LAND 3960
A BLDGS 5210
O—IMPS
m TOTAL 9170
F E N CNST
E N EEO REFERENCEI Type DATE R—dod PRIOR YEAR VAL
A T ook Page MO. Y,D ales P,x LAND 3960
T S 2762/11 -00/00 BLDGS 5380
u TOTAL 9340
R
E BUILDING PERMIT *LAND ADJUST.F
S Nu.be, Date T� ECONOMICS
LAND LAND—ADJ INC ME SE SP—BLDS FEATURE BLD—ADJS UNITS
39600 1 .766001 B23294 7/81 AC
To Y;-.,B�dl Age N Ob.,.
C T Dep, Cond.
Class 1'� U�I"S' -'I' Rate ATf, CND. I L... R.G. Repl.Cost Ne. Adj�Rapt V,0,e St."..I Haigh, Roo— �I-IR—]6alh.1 .Fm I P—vII Fac.
40C 001 100 101 30 81 13 88 80 68 76600 52100 1.0 1 1
Dcsc,,pl,o, R.I. SquFeet R,pl,Cost MKT,INDEX 1-00 IMP.BY/DATE: SCALE: 1/00.36 ELEMENTS CODE CONSTRUCTION DETAIL
SAS 100 .00 702 GROSS AREA 1254 OFFICE BUILDING
S CNST GP-.Ti—
T CAN 25 Ao 90 *--24--* STYLE 34COMM & RESID 0.c
R 1SB 100 .00 552 12 ISB tS-f�h--k6 j f4-f -00-----------7---------
-- ---- ---- --- --- ---
WDK 25 .00 .264 EX-T-ER.W-ALLS 11W-OOD--S-H I N R:ES
u -A-f/A c_'r t ME- OU-----------------------
c 34 0.(
T 22 i2 I N-rc A _rf h 1 tlf -00-- -------G.f
u WDK! I NYE 9.L-ky 6 UY _00--------------------0.
INr E R.QUAL T f -00
R ------
*-12*-12*—* F L 0 0 R--SYR 0 ff -00--------------------
A ottic
D w EFLOOR_ ffVt_R__ -1-)-0--- ----------
L -------
Total Areas A.. 35 4 Base 1254 -- ---- -0---------------------0__
E ROOF TYPE IGASLE—ASPH .SH.
BUILDING DIMENSIONS ---- ----------------- -
T. E L E-C T VICA L- -0 0 0.
SAS W13 CAN S05 E18 N05 W18 39 39 P OVN 5 A-Uld N- -02 CR_E�f t-81-6 t k.-_�Fi-
A - ----- -------- C_"--------------
BAS N39 1S8 N22 W12 N12 E24 S34 !BASE
W12 .. WDK W12 N22 E12 S22 R t-1-6 H4 a 0-9-14 6 0 5 _(Y3 A-9-_c 0 t ifflf--- ----
L BAS E18 S39 LAND TOTAL MARKET
—. 1 8—X PARCEL 39600 91700
*—CAN—* AREA 4439
VARIANCE +0� +1966
STA4DARD 25
s «�s—say—(sos)
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� se•is 70
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10009Z 'ON 13NYd All M00 YWU ka 03N 0 SY 0 3Noz
0001i NLLIM SI ONV OHS S1N319nWn 3Hl Ol NOLLY1311 NI
031Y001 SI NYId SIHI No NMONS ONIO11nB 3Hl ULLLM I
.17_ .
t� 1`y • '• 1 1 r •
• \1 \ � ►.` �,, a , �� '' • �/.•: �♦, �� �
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11
MYCOCK,KILROY,GREEN &MCLAUGHLIN
ATTORNEYS AT LAW
171 MAIN STREET
HYANNIS,MASSACHUSETTS 0260I
EDWIN S.MYCOCK AREA CODE 617 ADDRESS ALL MAIL
BERNARD T.KILROY 77I-S070 P.O.BOX 148
ALAN A.GREEN HYANNIS.MASS-0260I
CHARLES 5.MCLAUGHLIN,JR...,_„___^
_March 20,1980
MICHAEL D.FORD
Mr.Joseph DaLuz,Building Inspector
Town Hall
Hyannis,Massachusetts 02601
Re;Request for enforcement of the zoning by-law pursuant
Chapter 4OA,Section 7
Dear Mr.DaLuz:
Please be advised this office represents Mr.and Mrs.Ronald
Mycock and Elaine Mycock,all of Cotuit.Mrs.Elaine Mycock is
the record owner of the property located at 20 School Street,
Cotuit.
Last November 1979 the Barnstable Board of Appeals granted
a variance to Bruce and Carol Burlingame to operate a real estate
office at their residence located at 6 School Street,Cotuit.Sub
sequent to this decision,an appeal was filed with the office of
the Town Clerk and with the Superior Court pursuant to Massachusetts
General Laws Chapter 4OA Section 17,said appeal was filed by Elaine
Mycock and this office is handling that appeal for her.A copy of
said appeal is oiclosed for your review.Therefor,the variance has
not taken effect and the Burlingames,as a matter of law,are not
able at this time to operate a real estate office at 6 School
Street,Cotuit.
It has been brought to my attention by my clients and others
that in fact the premises at 6 School Street is being used as a
real estate office and as evidence of this there is a real estate
sign now on the premises and Mr.Burlingame has joined the Multiple
Listing Service of the Cape Cod Board of Realtors.The use of
this premises as a real estate office and the attendant sign are
all in violation of the Town of Barnstable Zoning By-laws in that
this is a residential district,the variance has not yet taken
effect and to my knowledge no sign permit has been issued for the'
real estate sign.
Therefor,on behalf of my clients,I am requesting that you
enforce the zoning by-law and find the Burlingames in violation
Mr.DaLuz -2-March 20,1980
of same.
Thank you for your anticipated co-operation and assistance
in this matter.
MDF:jmf
Enclosure
Very truly yours,
Michael D.Ford
MYCOCK.KILROYaGREENattorneysatlaw171MAINSTREEThyannis.mass.02«01TEU.teiT)771-9070COMMONWEALTHOFMASSACHUSETTSBARNSTABLE,SSSUPERIORCOURTNO.ELAINE M.MYCOCK,PLAINTIFFVSRICHARDL.BOY,LUKEP.LALLYANDFRANKP.CONGDON,MEMBERSOFTHEboardofappeals:OFTHETOWNOFBARNSTABLEANDCAROLF.BURLINGAME,defendantsCOMPLAINTPUSUANTTOTHEprovisionsofM.G.L.CH.40A,Section17ThePlaintiff,ElaineM.andBarnstable(Cotuit),^arnstableCounty,si^flLafie,^Lrs^bre°(^oruitLi3fn^rablr^ointy,H3Ssac^^tts2TheDefendant,CarolF-Burlingame,residesjt^Jgcho^^S^Barnstable(Cotuit),BarnstaeBurlingame,—ofgparceistheowneralong"^^hone,BruceT.Burl9oflandlocated at 6SchoolSt.,^ap35,Lot54,BarnstableCounty,iectofthisappeal,whichsaidpremisesisthesubjectoftnisppTheremainingDefendants(heBoardofAppealsofthemembers,orwerethemem®271979. SaidDefendantsTownofBarnstable,onSeptemberZ/,reside at thefollowing?"fg^leCounty,Massachusetts;SterlingRoad,Hyannis,BA.,pnL,eOsterville,BarnstableLukeP.tally,ofp.Congdonof139WarwickWiKiuT.11979theDefendantBoardByadecisiondatedNovemjgr,tCarolF.Burlingame,purportedtograntt^cfateofficeinthefrontavarianceto allow areagj-dancewithSectionD2Cofportionoftheresidencesection10undertheTownofBarnstableZogp„^qA.SaiddecisionwasMassachusettsGeneralLaws,Chapter4UA.filedwiththeofficeofthe^Town^Cler^_d:crsio"L°attrch:dher^o-andincorporatedhereinasExhibitA.
1MYCOCK.KILROYaGREENATTORNEYSAT LAW171MAINSTREETHYANNIS.MASS.02001TEL.(017)771.S07D5.6.7.8.SaiddecisionexceedstheauthorityoftheDefendantBoard,andisinvalidforthefollowingreasons:a.Thepetitionerfailedtoshowanycircumstanceswhichcreatedahardship,financialorotherwise,asrequiredbyM.G.L.Chapter40A,Section10.b.ThedecisionoftheBoardofAppealsfailstosetforthsufficientfactsunderlyingthefindingofhardshipforthePetitioner.c.d.e.ThedecisionliststhePetitionerasCarolF.andBruceTBurlingame,yetthepetitionwasfiledinthenameofCarolF.Burlingameonlyand,therefore,thedecisionisnullandvoidonitsface.EvidencewasgivenatthehearingthatthePetitioner-hasusedthepropertyasaresidenceand,therefore,asamatteroflawtheBoardcouldnotfindthatahardshipexistedwhichmetthetestofM.G.L.ChapterAOA,Section10.ThedecisionoftheDefendantBoardisdefectiveonitsfaceanditfailstocomplywiththerequirementsofM.G.L.Chapter40A,Section10.ThePlaintiffsaysthatshe:isapersonaggrievedbythedecisionoftheDefendantBoard andthatshehasstandingtoappearinthisaction.Becausethefactsdonotsupportthestatutoryrequirementsof thegrantingof avariance,thedecisionof theBoardexceedsthestatutoryauthorityvestedinit.Plaintiffstatesthatgrantingofthevariancewasnotsupportedbylaw,wascontraryto law,arbitrary,capricious,andinexcessoftheauthorityoftheDefendantBoard.V/herefore,thePlaintiffprays,1. ThatthedecisionoftheBoardof Appeals oftheTownofBarnstablegrantingtheaforementionedvariancebeannulled.2. That thePlaintiffbeawarded:costsandattorneysfees.3. For suchotherandfurtherreliefas tothisCourtmayseemjust,andproper.-'underthecircumstancesPlaintiffBy^eraytoTTxey,/MichaelD.FordMycock,Kiiroy,Green&McLaughlin171MainSt.Hyannis,MA.02601
^^hi A hi't /3
TOWN OF BARNSTABLE
Board of Appeals
13 NOV -8 PH 1 26 .
Carol jr.-...ii....B.ruce...T.......B.ur..l.i.n.gani£—Deed duly recorded in the 3a.r.n.s.tal?..l.e"7 Property Owner .
County Registry of Deeds in Book „..2.7.d2.—^
„.Car.oJ--£.-..6..3.ru.c.e...J......B.u.r.l.hgame.....„.....Page 11.—,Registry
Petitioner
District of the Land Court Certificate No.
Book —Page
1o^o c-i November 2 1979AppealNo-..-a
FACTS and DECISION
"Carol F &Bruce T.Burlingame filed petition on Ausy.st_.27 1979 ,Petitioner —- -^
reouesling a varianee-permit for premises at .icbofil—^Street,in the village
of rntult adjoining premises of ._..(see.Att.acM<)
for the purpose of _„.Variaage...to...a.U,ow_t..ar.esXate..ofli.ce.ap.-fxDnL^^^^^^^^
Loeus is presently aoned in „MSldenceJ:_20ned..dLs^^^^^^
Notiee of this bearing was given by mail,postage prepaid,to all persons deemed affeeted and
Cape Cod News £newsnaper published in Town of Barnstable a copy of
by publishing in Barnstable Patriot P P
which is attached to the record of these proceedings filed with Town Clerk.-
Apublic hearing by the Board of -Appeals of the Town of Barnstable was held at the Town
Office Building,Hyannis,Mass.,at l:kS JIKXKX P.M.S.eptemher..2.7-19 79 .
upon said petition under loning by-laws.
Present at the hearing were the following members:
„.Luke P.Lai ly frank ,.P,__Con.3^.
„..R.i.cha.c.d__I—Boy——Chairman -y.i.^c C-r A-.-.=4 /
.At lhe conclusion of the hearing,the Board took said petition under advisement.A view of the
js was had by the Board.
Appeal No Tape of 3
On _November 1 • 19 7Sb., The Board of Appeals found
Attorney Russell Wilkins represented the petitioner,Carol F.Burlingame,who
is seeking a variance to allow a real estate office in her residence at School
St.,Cotuit,in a residence F zoned district which allows a single family dwelling
and home occupation or professional use.The petitioner plans no change in the
exterior of this building and only the front part of the building,which has had
many prior commercial uses,would be used for the proposed real estate office.
The conditions under which a variance may be granted were explained .by Atty.Wilkins.
The topography of the land concerns not only the configuration of the land but the
buildings upon the land.The building in question is only 10 ft.from the road and
is 18 ft.wide and 70 ft.long.Its appearance is that of a store front and this
property cannot readily be used as a residence with respect to the front portion
which is so close to the road.This property has been assessed by the town as
commercial property and the petitioner has suffered hardship based on this assessment.
Three parking spaces will be created on the property for the real estate use and^
in addition,two parking spaces will be leased across the street from the Procopios;
which will create a total of five parking spaces.The leasing arrangement could be
a restriction if the Board's decision is favorable.Allowing the petition would serve
the public good inasmuch as there are now two real estate offices in Cotuit and allowing
this petition would mean there would be a third choice of realtor.At the time the
town adopted zoning, the building in question had a commercial use and this use continued
for some time after 1356*The only change on the property would be a sign designating
the real estate office.A petition with more than 200 signatures of those in favor
of the petition was presented to the Board and a letter from Cotuit Exxon on the two
additional parking spaces was also submitted.Atty.Wilkins said that allowing the
petition would not be detrimental to the neighborhood due to the many surrounding
commercial properties,and would not derogate from the spirit and intent of the
zoning by-laws.The property is unique to the zoning district in which it is located
due to its peculiar shape and-closeness to the road and the petitioner cannot utilize
the front portion of this building for residential use.Those speaking in favor of
the petition were:Mr.Longa,Mr.Procopio,realtor Bob Cunningham,and Mr.Wing,
all of whom felt the petition should be allowed based on the conditions represented
by Atty.WiIkins.
(cont.)
j Clerk of the Town-of Barnstable,Barnslable
County,Massachusetts,hereby certify that twenly-oiie (21)days have elap.scd .since tlie Board of
Appeals rendered its decision in the above enfilled petition and that no appeal of said decision has
been filed in the office of the Town Clerk.
Signed and Sealed this —l day of ...
penalties of perjury.
Distribution:—
Property Owner
Town Clerk
Applicant
Persons interested
Building Inspectd
Public InForination
Board of Appeals
19 under the pains and
Board of Appeals
Town of Barnstable
Chairman
BOARD OF APPEALS
Appeal No.1979-63 Page 3 of 3 .
Atty.Michael Ford represented Elaine and Ronald Mycock who are opposed to the
granting of the petition and Atty.Ford questioned the hardship to this property
as represented by Atty.Wilkins and said that literal enforcement of the by-law
must create the substantial hardship.The petitioners have used the property as
a residence and the last commercial use of the property was in 1966.Since the
property has some use as a residence there is no hardship. Atty.Ford said that
the hardship test had not been met and asked that the use not be granted.
in rebuttal,Atty.Wilkins said that Atty.Ford recognized that there is hardship
to the property and that hardship continues to prevail.The petitioner cannot live
in the front part of the building which is the only area to be converted to a real
estate office,because of its closeness to the road.The Board has the authority
to grant the requested relief and variance conditions do exist at the site.The
Appeals Board took the matter under advisement.
The Board found,after viewing the property in question,that variance conditions
as defined in Section 10 of Chapter ^OA,M.G.L. do exist at this site.The shape
of this property along with the topography of the existing structure,render it
unique to the zoning district'due to its long,narrow measurements,and its close
ness to the road also prohibits any sense of privacy common to a residence.Inasmuch
as the prior use of th'is property was for a commercial gift shop,it is obvious to
the Board that its original construction was to accomodate this purpose and although
residential use can be made of the rear portion,the front portion of this building
is unuseable for living purposes.These conditions are unique to the structure of
this property and do not exist in any other residence in the zoning district in
question.There would be no detriment to the neighborhood by allowing the petition
since the surrounding property is comiuercial,nor would there be derogation of the
spirit and intent of the zoning by-laws since the petitioner will provide adequate
parking on-site and across the road for the real estate office.There will be no
appreciable Impact on the congestion already existing in this area due to the many
non-conforming commercial uses already in existence.The Board's approval of this
petition is subject to the following restrictions:
1.There shall be no more than two real estate brokers
operating from the real estate office.
2.There shall be a leasing arrangement for the two,-
parking spaces across the road and a copy of the\Y,/
lease submitted to the Appeals Board prior to the ''^
opening of the real estate office.
'3.The front portion of.this building abutting School
Street shall be used for the real estate office and
the office area shall not exceed 18 ft.x 22 ft.
A sign may be attached to the front of the building
and shall not exceed two square feet.
A -c :r