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HomeMy WebLinkAbout0161 SCHOOL STREET � � �y / _ _ / `���_ J. �l�� ��� �� �, r� � r l 1 S� Are° # Zot3dl �3a �� r r � �^�� � � y -� - - - •---- .. i i i I 01 rt r ' r TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map— pp Parcel A lication -30 1 0 Health Division bate Issued 2 3 Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive'Plan Approved by Planning Board �) Historic = OKH Preservation / Hyannis N CProject Street Address /.14' / 5e_X19,911 S 'Village 61,9 71 i 7" .Owner 7,Q 1Z Ie:,,A Address % .Telephone -S P 4 -7 2- Permit Request Ae-S 07 40 s AeZ_ b, e /f,dam ae�ra.� s Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay 1eg6A Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(# units) Age of Existing Structure Historic House; ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing _new Total Room Count (not including baths): existing new First Floor Roor, �bunt Mom, Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coa� stove: UYesQ No Detached garage: ❑existing ❑ new size—Pool: ❑existing ❑ new size — Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size Other: ' Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) -Name 0`z- '=Telephone Number 1_�22 R 7 74 2-�© _Address License # Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE / t f FOR OFFICIAL USE ONLY ` APPLICATION# DATE ISSUED MAP/PARCEL NO. t 4 �f f ADDRESS VILLAGE OWNER ti DATE OF INSPECTION: FOUNDATION FRAME INSULATION y FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING �LKIl3 t k DATE CLOSED OUT ASSOCIATION PLAN NO. • 1i op car d4'� M- god 3-1 s W. rn ,0 .A 3 i i rti Town of Barnstable Regulatory Services �* Thomas F. Geiler,Director.. ��► B Lifl ding Evivis I0 a ToM Perry, Building Comruissiorlar .200 Main Street,Hyannis',MA 02601 www.town.b arnstab le.ma.us Officer 508-862-403$ Fax:.50 9-790-623 0 Property Ovier gu, s t' - mplete ar>d Szn,T'�ris�1. Sec,aoii ' , 3 ' If tJsing A Bzirlde ,. �3 +'V I, Owner of the Mbject.properLy l�reby azrrhorize ' to act on M7 behalf, in all Matteis relati7e to wprk authorised by buuldisig perms application for- (Ad ss 6f Job s.ignat= of Owner Date Print Name If Proporty Owner.is aPP1Yjag forpermitplease complete-t�i HomeoW' ners'License Exemption Form on-tfae reverse side, • Q:Fotu�:OwxErzP�rss�ox. Town of Barnstable RegaIafory Service's t Thomas F. Geiler,Director BtiilcliagDivision QED Tom Perry,Building Commissioner 200 lYlam-Str=tLHya=,MA 02601 VI Y_town-barastable-ma.us Office: 508-862-403 8 -Fax: 509-790-6230 HOMMO. NM LTCEI<'SE EXF-MMON ' Plnm DATE. JOB JOB LOCAMON: -re- ®a number street village "HO1viE0W1dER name home phone# work phone# CR.ENT MAILING ADDRESS: UR. eit'hD— sfarz zip code T ie currcat exemption for"homeown="was extended to include owner-occupied dwellings of Rix units or less and to aIlow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as Suncryisor_ • DEFIKITTON OF HO1�Owh'ER � _ Pcrson(s)who owns a parcel of land on which hekhe resides or intends to reside, on which there is, or is intended to be, a one or two-family dwelling, attach or detached sttuciurm accessory to such use and/or farm struetrrres. A parson who const rgcts more than 6ne home in a two-year period Shall not be considered a bomeowmr. Such "horncowner"shag submit to the Building Official on a form acocptablc to the Budding Official, that he/she shall be responsible for all such work performed nndcr the butldme acquit. (,Section log,1-1) The un.dcrsigned`homeowner"sst cs responsibility for.compliance Veith the State Building Code and other applicable codes, bylaws,rates and regulations. . The undcrsigned"homeownez='certifies that.hcAhe understands the Town of Barnstable Building Dcparhnnnt cetion procedures and ret -*its and that he/she.well comply with said procedures and nts. SignatEam of ffamraymcr Approval ofBunlding OfcW N'otc: Three-family dwellings containing 35,000.cubic feet or larger will be required to comply with the State Building COdr-Section 127.0 Constructibn Control. HOMSO WEEK'S EXMCE UbN .The Code states that :any bm=%mer pm-tr ng wark.f6rwhich a building prnoit is=pimd shaIl be='=pt from the provisions of this section•(S=66n 109.2.1-U=u;ing of canstrum iom Supan'isors);provided that if the homeowner engages a pa sons)far hits to do such work that such Hameownir 44 art as sups visor." l�my homcawnerr who use this=cmpticm are unaware that they are assuming the n:&?mm ztlities of a supayisor(see Appendix Q, Rules&Rrgulatimis for Ijeen.aig Consfrvr-6=Supervisona,Sectiom 2.15) This lack of awareness bft=results in salous problems,particulsrfy whc n the homeowner hins unlicensed perons- In this ease,our Board cannot pracecd against the unlicensed pawn as it would with i licensed S.upa visor. The homeowner acting as Supervisor is ultiantrY truponanblc To muure that the homeowner is fully zware of his/Jncri spot�bilities,many eomnnmitics require,as part of the permit appbration, the/the bm-nwwner em ify that beJshe u ndna stands the nspmmlilities of a Supervisor. Om the 1zz page of Phis issue is a form cummntty used by srttirai towns. You may em-o t annend and adopt such a fmm-j/ortifteatioo for use in your eonwnunity. Q:forins:homca:ertrpt . , The Commonwealth of Massachusetts . - Department of Industrial Accidents Office of Investigations' ` 600 Washington Street Boston,MA 02111 www.mass gov/dies Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Pluxabers ,kpplicant Information Please Print Le ' 1 Name(Business/orgauization/lndivid : Address: i� �c1J��1 .5�• r x City/StatelZip: �1rs���!'�'' �119r��� hone.# �a�' 7 76' Z Z.'7e Are you an employer? Check the appropriate bow Type of project(required): 1.❑ I am a employer with 4• ❑ I am a general contractor and I employees(full and/or part time).* have hired the stab-contractors 6• ❑New construction 2.❑ I am a sole proprietor or'partaer listed on the attached sheet 7.. ❑Remodeling ship and have no employers These sub-contractors have mPers Y � 8. Demolition working for me in any capacity employees and-have workers' S in,.addition [NO WOrkerS'•COIDl7.•incrTra__nr_e COmp. inartranCe:$ 9. Build" . r ed] 5. ❑ We are a corporation and its 10.0 Electrcal repairs or additions 3. am a homeowner doing all work officers have exercised their 11. Phrmbin re❑ g pros or addit tans myself [No workers'comp, right of exemption per MGL 12.0 Roof regales insuranrr required.] t c. 152, §1(4), and we have no employees. [No workers' 13.❑Other comp.insurance required.] *Any applicant.fat checla box#1 mast also M out the scction below showing their workers'conipcnsi6nn policy information. t Homcowners who submit this affidavit indicating they 2m doing all work and then hire outside contractors mast submit anew affidavit indicating such. #Contactors that check this box must alfached an additional sheet showing the name of the sub-ontractots and state whether or not those entities have employers. If the sub-contractors have employers,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance far my=pfoyees. Belaw is the policy and job site information. Insurance Company Name: Policy#or Self ins. Lic.# Expiration Date:' Job Site Address: City/Sbfre(Zip: Attach a copy of the workers' compensation policy declaration gage (showing the policy number and expiration date). Failure to secure coverage.as required under Section 25A ofMGL c. 152 can lead to the'inoposition of camival penalties of a fine lip to$1,500.00 and/or one-year imprisonment,.as well as civil penalties in the foim of a STOP WORK ORDER and a f1= of.up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the'Office of Investigations of the Mik for insurance coverage vgifa-cation .. 16 hereby cerkfy, r the p ar(pem of perjwy that the information provided above is true and correct . Date: Phone# Z. F6.Oth&r . orsly. Do not write m this area fo be completed by city or town vfftclal . n: Permit/License#' hority(circle one): Health '2.Buildintg Department 3.City/Town Clerk 4.Electrical Inspector S.Plumbing Inspector on: Phone#: t hiformation•and Instruction Massachusetts General Laws chapter 152 requires all employers to provide workers compensation for their employees. Pursuant to this statute,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 Iegal 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 or trustee of an individual,partnership, association or other legal entity, employing employees.'However the _ owner of a dwelling house having not nubre than three apaitments and who ruides,Atherein,: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 to3be an,Cm oyer." MGL chapter 152,r,§25C(6)also states that"ev *y state or local licensing agi=ncpliaII withhold theissuance or renewal of a liceYise or permit to operate a business or to cons uct 6uiIdings in the commnueatthfor any applicant who has not Produced-acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C:(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for,the performance of public work until acceptable evidence of conipliznce vzth the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-pontiactor(s)name(s),addresses)and phone numbers) along with their cerdficate(s)of insurance- Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy-is required Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of 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. Self-insured companies should enter their self-insuranpe license number on the appropriate line'. City,or Town Officials .please be sure that the affidavit is complete*and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the.event the Office of Investigations has to contact you regarding the applicant Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permitEcense applications in any given year,need only submit one affidavit indicating current policy information(if necessary) and under"Job Site Address"the applicant should write"all locations in (city or town)."_A cbpy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for futurE permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related fo any business or commercial venture (Le. a dog•license or permit to bum leaves*etc,)said person is NOT required to complete this affidavit The Office of Investigations would like to-thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call The Department's address, telephone•ae�ngdd fax(n�u}m�}b�er. {(n ��q/p�(��j ♦n��[1/iI11c 4M 1 he C'Q*M onwWt 1 of 1eiu.�Y2KYJ,1{.�VY is N oah of I adwtdal Aeaidmts Qfriee of 1 avesiigatians 600 Washi gtm Stet Boston,MA 02111 Te,1.# 617-727-4400 ext 406 ar 14 77 MASSAFE Fax#617-t7-7749 iced 11-22-06 WwRCMass.gov4a s'' ' i ,�,.,, I i 4 ---��g 1 �.����� rf : _�..�� . .� .a__,.,w,, __�er.�u__._..�.. z s. 1 t a r 15 � z 5 Y 'r Y x r Rex, Nj s 57 A 00 del" s. r a Assessor's map and lot number ....C7 0•.H8...�o �� oFTNEr �. �C®... ..� Sewage Permit number _ .. t W Z BAUSTODLE. i 'House number .............. ....................... .....: ...... rb 9 a �O 9• TOWN., °OF BARNSTABLE BVI�LOIHG JASPECT OR 4 APPLICATION FOR -PERMIT TO /,/ "? .r ?. .........�l�f%Y.S.. .. TYPE OF CONSTRUCTION f ...................... .......... ........... ........... ' ' ................. .�. .......19 TO THE INSPECTOR OF BUILDINGS: I, The undersigned //hereby .applies for a permit according•to the following information: Location ........ ........ ..... ��: ........... ...... ...... .... ..... ......... .............. ProposedUse ... ..... ... ....... ............................. :.. ..... Zoning District .... ..........::.................Fire District ..:. ..... vcP: .............. .. Name of Owner ..... .. ..... . r!z.:.........Address ....... r��.'/ .. —. ccy. ..G...., �'', ...........' Nameof Builder ........ �..................................Address ......... ...... .............................................................. Name of Architect .......S. vt......:....................:... ................................... Address Number of Rooms .....Foundation .....C.�rrxrr Exterior ....... `?'�1 .:...>w-.C .I.......... Roofing ;_ � .�r�Z. ; Floors ....... ��. ................................Interior ..... ...... .. ...... .............. Heating ............ .............................Plumbing ......,Pt�l ..................................................... Fireplace ......... .. .......................................................Approximate`.Cost ... ,�y ... .. .... Definitive Plan Approved by Planning Board ---------_---------____________1 9 '1...............`...............:.._. Diagram of Lot: ui ing with Dimensions Fee .tsw'. ...�� . ...... SUBJECT TO AP .BOARD OF HEALTH J. l OCCUPAN�Y PERMITS'.REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of. the Town of Barnstable regarding.the above construction. _ } Name .. C `��_'_...... . .......................... ............. .... .Construction- Supervisor's License .... .&......, y TAYLOR, PETER No. ..... Permit for 26871�. ADD TO DWELLING ............ :.'.................................. Single. Family...Dwellincl....................... � T Location ...161••School Street .••.••.••• .................................... ` CO=4t Owner ...Peter„Taylo ........................................... Type of Construction' s n, r a v r t i Plot .......................... Lot • ..................... Permit `Granted August 22, 19 84 Date oflnspection .............................:' ... TO 19 4 Date .Completed ...: .. ....... .. .1.9 a , 1 1 f ( tey1 t.,. y.t't�. '� t F f - - _ {`� F•� � , 1. _ � {� ..f Y , Assessor's- map and lot number .... .. b.."..Q .. ��../ ?HE TOi► Sewage Permit number ......�.�:..........:..........�. Z BAR33TADLE, i House number ......................................................................... ' 900 1639• �6 TOWN IOF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ......1'�19 . -ram .4.......z�........�e 5;;�........................................ PE' OF CONSTRUCTION ......... C>4-' :.. ! ......................................................................... .............. ........ .......19P4 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ........ ....... .......� R............. -- .. ........ '�1 ................. ................................... ProposedUse sv .....:��..��.,4 !............................................................. .................................. ........................ Zoning District ... -.,5. �+� •� 4-�..............................Fire District .......... .....................................I...... Name of Owner ..... `. ........... . ...........Address ..........y .......: ..�C�?' ..�.. ............. Name of Builder S Address Nameof Architect ....... ..............:.......................Address .................................................................................... Number of Rooms ...........//...................................................Foundation ..... r*a> '.... < •:!. ..:/r��-�.:.c:� Exierior ......C - -`z° ....... ,- - - �..............................::Roofing ....... ........................................... Floors ...... ................................Interior ...... .....ldlr.:�c+ ..................................... Heating ..................................................................................Plumbing ........ .................................................. Fireplacew ' .................................................Approximate Cost ......... 0 ..................:../,................ Definitive Plan Approved by Planning Board -----------_-------------------19_______. Area ... !.©i ......................... Diagram of Lot crrrd-Building with Dimensions Fee 8d J C SUBJECT TO APPROVAL""OF BOARD OF HEALTH /3�d�`fioN /6 OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS r I I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above Construction. `' Name . •...................... Construction Supervisors License O�iU I TAYLOR, PETER A=020-088 No Permit for Add to Dwelling ...................6............... ...........Singig..g ly -Dwelling................... Location Jfil.Sdl ..Street........................ ............... ................................................ Owner J!et'QrJ4Y.Qr................ Type of Construction -.F:r5lM.............................. ................................................................................ ti Plot ............................ Lot ................................ Permit Granted August 22. ...........19 84 ............................. 2 Date of Inspection ...................................:19 Date Completed ......................................19 I txe ® ®f�ar�lstable Permit I U Expires 6 moathsfram dsstre date Regulatory Services Fee _ web ; Richard V.Scali,Interim Director ,- 4, Q Building Division Tom Perry,CBO,Building Comffii ' � APR 19 200 Main Street,Hyannis,MA 026 R4 ?oj® www.town.barnstable.ma.us ���/1� Office: 50$-862-4038 �Y YA4- f--j90-6230 - EXPRESS PERMT APPLICATION - R"IDIENTIAL_ONLY Not Valid with out Red X-Press Imprint Map/parcel Number Q,7 0 o Property'Address Tl• Residential Value of Work's 7, 7 Jt�J Minimum fee of S35.00 for work under$6000.00 Owner's Name&Address (P 4 ee ( y t o( �9 f y i�� 141/4 C).(o 3 5- Contractor's Name r L eff Telephone Number 4D!-7IY d.3 f Home Improvement Contractor License is(if applicable) Construction Supervisor's License (if applicable) C/S Xworkrain's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ I am the Homeowner I have Worker's Compensation Insurance Insurance Company Name A/#Z1-DA Lr AJ Workman's Comp.Policy. Copy of Insurance Compliance Certificate must accompany each permit. J Permit Requ t(check box) [Q Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to LJ&571 P�e ti ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement-Windows/doorslsliders.U Value (maximum 35)A of windows of doors: - ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. Separate Electrical&Fire Permits required. *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ir`Note: op wner must sign Property Owner Letter of Permission. o y f the Home Improvement Contractors License.&Construction Supervisors]License is it SIGNATURE: Q:WPFILESIFORMSWuitding pe ' fo 1FJQ'RESS.doc Revised 061313 S. s Home Depot Contractor License Numbers: MA: 107774, 112785 Salesperson Name and Registration Number: Christopher G. Read : R-1-073-13-00024 Home Improvement Agreement Home Depot U.S.A., Inc. ("Home Depot") or Service Provider named below will furnish, install and/or service the equipment listed below at the price, terms and conditions as outlined on this form. Customer Information: Peter Taylor New England South 10732563 First Name Last Name Branch Name Lead# 161 School Street COTUIT MA 02635 Customer Address City State Zip P'6-8) 776-2270 Home Phone# Work Phone# Cell Phone# windsurfercc@hotmail.com Customer E-mail Address NOTICE OF RIGHT TO CANCEL: YOU MAY CANCEL THIS AGREEMENT WITHOUT PENALTY OR OBLIGATION BY DELIVERING WRITTEN NOTICE TO HOME DEPOT AT: 908 Boston Turnpike Unit 1 Shrewsbury MA 01545 Address City State Zip or Email CustomerCancellationNorthEast@homedepot.com BY MIDNIGHT ON THE THIRD BUSINESS DAY AFTER SIGNING, UNLESS THE STATE SUPPLEMENT PROVIDES A different CANCELLATION PERIOD. THE STATE SUPPLEMENT CONTAINS A FORM TO USE IF ONE IS SPECIFICALLY PRESCRIBED BY LAW IN YOUR STATE. YOUR PAYMENT(S) WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS AFTER HOME DEPOT'S RECEIPT OF YOUR NOTICE. YOU MUST MAKE AVAILABLE FOR PICKUP BY HOME DEPOT OR PROFESSIONAL, AT YOUR SERVICE ADDRESS, AND IN SUBSTANTIALLY THE SAME CONDITION AS WHEN DELIVERED, ANY MERCHANDISE OR MATERIALS DELIVERED TO YOU. OR YOU MAY CONTACT HOME DEPOT FOR INSTRUCTIONS REGARDING RETURN SHIPMENT AT HOME DEPOT'S EXPENSE. THE LAW REQUIRES THAT THE CONTRACTOR GIVE YOU A NOTICE EXPLAINING YOUR RIGHT TO CANCEL. PLEASE SIGN BELOW TO ACKNOWLEDGE THAT YOU HAVE BEEN GIVEN ORAL AND WRITTEN NOTIC OF YOUR RIGHT TO CANCEL. Acknowledged by: XA 04/02/2018 Customer' ignature Date 1 I M as sac h u setts e p. °Y e _ Board o f Building a ` - . r � to KINGS TON MA. 02364 , nt - Svc,,,.-.a:vc�;a� .r.�-�..:�a,,,....y�.•.s_a,.<z.�„. '.�.� '- .r..�,•,:.:.r.�re%fir -; � ;'.r,._.�rr,•'nv !`, ° ' Write of Omaumer 1' mics-$36ISd1456 pvgvt Dn MOMP-IMPROVERENr CONTRAICrOR F gWWation va0d ft 1ndh*dUW tm arsy TYPE SuMemsq Card before the axpirabm dwo. ;f 3ouM Mum t<x .VL ItdSTA"Izn NY NC, 5*04n,34A CQt08 ar•..c K..- *jt.:•MA >2 ' i valid withoutn�tt>'.c� tJttdctctlty 1- j The Commonwealth of Massachusetts Department of Industrial Accidents A I Congress Street, Suite 100 Boston,MA 02114-2017 www mass.gov/dia Workers' Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers. TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information Please Print Legibly Name (Business/Organization/Individual): SON D WALSH Address: 1 WASHBURN AVENUE City/State/Zip:-KINGSTON, MA 02364 Phone#: 508-962-6942 Are you an employer?Check the appropriate box: Type of project(required): 1. I am a employer with employees(full and/or part-time).* 7. ❑New construction 2. 1 am a sole proprietor or partnership and have no employees working for me in ❑ 8. []Remodeling any capacity.[No workers'comp.insurance required.] 9. El Demolition 3.a I am a homeowner doing all work myself.[No workers'comp.insurance required.]t 10 D Building addition 4.❑I am a homeowner and will be hiring contractors to conduct all work on my property. I will ensure that all contractors either have workers'compensation insurance or are sole 11.[]Electrical repairs or additions proprietors with no employees. 12.Q Plumbing repairs or additions 5.❑I am a general contractor and I have hired the sub-contractors listed on the attached sheet. 13.[:]Roof repairs These sub-contractors have employees and have workers'comp.insurance.t 6.❑We are a corporation and its officers have exercised their right of exemption per MGL c. 14.❑Other 152,§1(4),and we have no employees.[No workers'comp.insurance required.] *Any applicant that checks box#I must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. *Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp,policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under MGL c. 152,§25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator.A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify u the pains and nalties of perjury that the information provided above is true and correct Si nature: 14 Date: Phone#: . Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License#. Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: _=c Office of Consumer Affairs and Business Regulation 10 Park Plaza - Suite 5170 Boston, Massachusetts 02116 Home Improvement Contractor Registration Type: Supplement Card HOME DEPOT USA INC Expiration: 112785 Expiration: 04/22.201 2455 PACES FERRY RD C-11 HSC ATLAN i A:GA 30339 Update Address and return card. Mark reason for change. Address ❑ ReneY:a! O Employment.❑ Lost Card Office of Consumer Affairs&Business Regulation HOME IMPROVEMENT CONTRACTOR Registration valid for individual use only - TYPE:SUDrle-neni Card before the expiration date. If found return to: Registration Expiration , Office of Consumer Affairs and Business Regulation =_ 1:27E5 04r22/201E 10 Park Plaza-Suite 5770 FTOME DEPOT USA INC Boston,MA 02116 ANDREW SWEET %E C � 2455 PACES FERRY RD C-11 HSC ATLANTA,GA 30339 Undersecretary *t2"'i&6ul signature 0 s I The Commonwealth of Massachusetts Department of Industrial Accidents I Office of.Investigations l� 1 Congress Street,Suite 100 Boston,AL4 02I14-20:17 www.massgov/dia Workers'Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le 'blv aMe (DLsinesslOrganizatipoo/Indi�ridual): ��qolnlel V Q Address: 90 -e 9 0,S) 7V ( IIRNRi� City/STate/Zip: AA O/SY.T' Phone#: 7 / ire you an employer?Check the propritte box: Type of project(required): 1_ I'm a empiover with 4. L I am a general contractor and I employees(full and/orp -time). have hired the sub contractors 6. ❑New construction 2 ❑ lam a sole proprietor or partner- listed on the attached sheet 7. ❑Remodeling i ship and have no employees These sub-contractors have 8. ❑Demolition wor'.icing for mein any�pacity. emoiovees and have workers' r I 9. ❑Balding addition [No, in:rorkers' comp. ante comp. insurance. i required.) 5. ❑ We are a corporation and its i 10•❑Electrical repairs or additions 3.C I am a homeowner doing all work officers have exercised(heir l l.❑�Xoof bing repairs or additions i ! myself. Tlo workers' co p. right of exemption per MGL i 12. repairs insurance required.]t c. 152,§1(4),and we have no I emploveeg. [-No workers' 13.0 Other comp. insurance required] i •Ary applicant that checks box 91 must.also fill out the section below showing Their workers'compensation policy information. Homeowners who submitthis affidavit indicating they are doing all work and then hire outside contractors must submit a new aSdavit.indicating suck :Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. if the sub-contactors have employees,they must provide their workers'comp.policy number. lain an employer that isproviding workers'compensation insurance for my employees. Below is the policy and job site infonnatiom Lsurance Company Name: 64 f- Policy li or Self-ins.Lic.#': _ ys 9 Expiration Date:_ Job Site Address: City/State/Zip: U 'f Attach a copy of the workers'compensation.poliey declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to S250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DLN for' furauce coverage verification. I do hereby certify tender i ains andpefaffies of perjury that the information provided above is true,and correct 5i.2,iature: // Date: - r- c Phone�: JT O Official use only. Do not write in this area,to be completed by city or town offciaL City or Town: PermitUcense issuing Authority(circle one): 1.Board of Health 2.Building Departme /T nt 3_City/Town Clerk 9.Electrical Iuspector 5,P lumbing Inspector 6.Other Contact Person: Phone r: AC 0� CERTIFICATE OF LIABILITY INSURANCE DATE IYYYY) 022?/2618 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the clicy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME TWO ALLIANCE CENTER PHONE FAx 3560 LENOX ROAD,SUITE 2400 a/c No: E-MAIL F ATLANTA.GA 30326 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC C CN 101642069-HomeD-GA W-1&19 INSURED , INSURER A:Old Republic Insurance Co 24147 THE HOME DEPOT,INC. INSURER B:New Hampshire Ins Co 23841 HOME DEPOT U.S.A.,INC. IN 2455 PACES FERRY ROAD SURER c:HomeRisk Captive Insurance Company BUILDING C-20 INSURER D ATLANTA.GA 30339 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-004353439-16 REVISION NUMBER: 3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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INSR ADDL 7:�: LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP A X COMMERCIAL GENERAL LIABILITY MMlOD MWDD LIMITS ZY 312717 03101 018 03/01/2019F.ACN OCCURRENCE S 9.000,000 CLAIMS-MADE X OCCURDAMAGE TO RENTTS OF POLICY, XS PREMISES(Ea occurrence) S 1,000,000 OF SIR:S1 M PER OCC MED EXP(Any one person) 1 S EXCLUDED GEN'L AGGREGATE LIMIT APPLIES PER: PERSONAL 8 ADV INJURY S 9.000,000 X POLICY PRO LOc GENERAL AGGREGATE 5 9,000,OG1 OTHER: PRODUCTS-COMPtOP AGG S 9,000.000 p, S AUTOMOBILE LIABILITY MWT6312718 03/0112018 03/01/2019 COMBINED SINGLE LIMIT s 1000.000 X ANY auro Ea a¢ident OWNED SCHEDULED BODILY INJURY(Per person) S AUTOS ONLY AUTOS SELF INSURED AUTO PHY DMG HIRED NON-OWNED BODILY INJURY(Per accitlenlj 5 AUTOS ONLY AUTOS ONLY - PROPERTY DAMAGE S Per accident S UMBRELLA LlAB OCCUR EXCESS LIAB EACH OCCURRENCE S CLAIMS-MADE AGGREGATE S DED RETENTION S B WORKE3r:SCOMPENSATION WC014122577(AK,NH,NJ,VT) 03101/2 118 03101/2019 X PER OTH- s B AND EMPLOYERS'UABILITY Y 1 N STATUTE ER ANYPROPRI�ORIPARTNERIEXECUTfVE WC 014122578(WI) 03/0112018 03/01/2019 OFFICERIMEMBEREXCLUDED? � N 1 A - E.L.EACH ACCIDENT S 5,000,C00 (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYE S 5.000,000 DESCRIPTION OF OPERATIONS below Continued on Additional Page E.L.DISEASE-POLICY LIMIT S 5,000,000 C Excess Auto 297-1=10011-00 2018 031012018 03/01/2019 Limit: •1,000.Q00 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) EVIDENCE OF INSURANCE CERTIFICATE HOLDER CANCELLATION HOME DEPOT USA,INC 2455 PACES FERRY ROAD SHOULD.ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE BUILDINGC-20 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATLANTA.GA 30339 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Manashi Mukherjee ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD r AGENCY CUSTOMER ID: CN101642069 LOC#: Atlanta A4COR"® ADDITIONAL REMARKS SCHEDULE Page 2 of 3 AGENCY MARSH USA.INC. NAMED INSURED THE HOME DEPOT,INC. �x POLICY NUMBER HOME DEPOTU.SA.,INC. - - 2455 PACES FERRY ROAD BUILDING G20 CARRIER NAIC CODE ATLANTA,GA 30339 � EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CerlifiCatLe of Liability insurance Workers Compensation Continued: Carrier.Indemnity Insurance Company of North America Pdicy Number WLR C64763191(AL,AR.FL,ID,IA,KS,KY,LA,MS,MO.NE,Nii,ND,OK,SC,SD,TN,WV,WY) Effective Dale:0310112018 Expiration Date:031012019 (EL)Limit/S1,000,000 CarrieC New Hampshire Insurance Company Policy Number.WC014122576(DC,DE,HI,IN.MD,MN,MT,NY,RI) Effective Date:03101/2018 Expiration Dale:0310112019 (EL)Limit S1,000.000 Carrier:ACE American Insurance Company Policy Number.WCU C64783221(QSI)(AZ.CA,IL,NC.OR,VA,WA) Effective Dale:031D12018 Expiration Date:03/01/2019 (EL)Limit:S1,000,000 SIR 51.000,000 SIR for the slates of AZ.CA,IL,NC,OR,VA,WA Carrier.National Union Fire Insurance Company Policy Number.XWC 4595580(OSI)(CO.CT,GA,ME,MI,NV,OH,PA,UT) Effective Date 03/012018 Expiration Dale:03/012019 (EL)Limit:S1.000,000 SI,000,000 SIR for the stales of COME NV,MI,OH,PA,UT $750,000 SIR for the slate of GA S350,000 SIR for the state of CT Cartier National Union Fire Insurance Company Policy Number.X WC 4595581(QSI)(MA) Effective Date:03101/2018 ^p p Expiration Date:031012019 (EL)Limit:S1,000,000 SIR:S500,000 TX Employers XS Indemnity. Carriar.0linios Union Insurance Company Policy Number.TNS C4916693A(TX) Effective Date:03/012018 Expiration Dale:03/012019 (EL)Limit:SI0000.00D SIR:SI,o00,C00 ACORD 101 (2008/01) 2008 CORD CORPORATION: All rights reserved. The ACORD name and logo are registered marks o ACORD HUSETT: CU1411MONWEALTH OF MASSAC , J APPEALS COURT CLERK'S OFFICE 3 CENTER PLAZA, SEVENTH FLOOR BOSTON,MASSACHUSETTS 02108 (617) 725-8106 March.'10, 2004 Robert D. Smith, Esquire - Town of Barnstable Law Department 367 Main Street, New Town Hall Hyannis, MA 02601-3907 RE: No. 2003-P-0265 PETER B.. TAYLOR ' Vs . BARNSTABLE" ZONING BD APPEALS & others NOTICE OF DOCKET ENTRY Please take note, that on March 10, 2004, the following entry was made on the docket of the above-referenced case.- Decision: Rule 1:28 .(DO-CO-MI) . The judgment is reversed, and a new judgment shall be entered that annuls the decision of the zoning board of appeals. granting the variance as in excess of its authority. *Notice. (See image on file. ) Very truly yours, The Clerk's Office Dated: March 10, 2004 To: Edward E. Veara, Esquire Ruth J. -Weil, Esquire Robert D. Smith, Esquire Michael D. Ford, Esquire Commonwealth of Massachusetts Appeals Court for the Commonwealth At Boston,- In the 'case no.. 03-P-265 PETER B�. TAYLOR VS. ZONING BOARD OF APPEALS OF BARNSTABLE & others. Pending in the Superior Court for the County of Barnstable Ordered, that the following entry be made in the docket: The._:judgment.;; s,.;reversed, and a new j udgtnenl< shall be `entered ::that .`;annul s the, dee;ision .of -:the • zoning board of :appeals . gra �tng the variance as n. exess 'Of 'its authority. By the Court, 4 ,Clerk Date Marc 10, 2004 The original of the wMin rescdpt will Issue In due course,pursuant to M.R.A.P.23 APPEALS COUNT 1 Town of Barnstable Legal Department- Town Attorneys' Office z 367 Main Street,Hyannis MA 02601-3907 0 a � Inter-Office Memorandum CD -C N cr3 Robert D.Smith,Town Attorney Office: 508- -4620 � Ruth J.Weil, lit Assistant Town Attorney Fax: 508-862-4724 Claire Griffen,ParalegaULegal Assistant T.David Houghton,Assistant Town Attorney . r" Claudette Bookbinder,Legal Clerk a rn To: Barnstable Zoning Board of Appeals Thomas Broadrick, Director, Planning. Hi ric Preservatio From: Ruth Weil, Assistant Town Attorney Date: March 20, 2004 Subject Decision of Appeals Court in Taylor v. Zoning Board of Appeals Legal Ref. # 98-0138 Attached please find the Appeals Court decision-in the above-entitled action issued under Rule 1:28. You will recall that a number of years ago the Board granted a variance for an undersized lot and the abutter appealed. The Superior Court, after trial, ruled that the abutter did not have standing to appeal. The abutter then appealed to the Appeals Court. You will note that the Appeals Court ruled that the abutter did have standing. The Court then annulled the Board's decision, holding that conditions to grant a variance had not been established under G.L. c. 40A, s. 10. The case underscores the difficulty in establishing variance conditions for lots, which do not meet current dimensional requirements. Please feel to contact us with any questions. - J COMMONWEALTH OF MA.SSACHUSETTS APPEALS COURT 03-P=2&5 PETER B. TAYLOR. VS. ZONING BOARD OF APPEALS OF BARNSTABLE &- others .\/ MEMORANDUM AND' ORDER PURSUANT TO RULE 1 :28 The case arises from a dispute over the granting of A. variance •to Paul and -Jane Carey, owners of a 24,400 square foot parcel with 131 feet of frontage at 151 'School Street, Barnstable (Carey parcel) . The Carey parcel is located in an RF` Residential F Zoning District, which has .a minimum lot size requirement of one acre and a minimum frontage requirement of 150 feet. On September 2; 1998, the Careys filed an application with the Barnstable zoning board bf appeals seeking a variance from the minimum lot size and frontage requirements. The board * unanimously granted the request . . The Carey parcel was originally owned by Jane. Carey's mother, Marcella Gross. Gross owned both the Carey parcel and the adjacent parcel . When the lots were created, in the 1960s, the Carey lot -was in an RD-2 zoning district requiring a minimum lot size of 20, 000 square feet and .a minimum frontage of 125 feet. A single-family home had been constructed on .the adjacent parcel by 1971 . In 1972, the property was rezoned to an RF v Paul J. Carey and-Jane Carey. - District with the current acerage .and frontage requirements. I"n 1982, Gross applied for and was granted a variance for the Carey parcel, ..which reinstated: the lot ..as buildable. - .Gross; -however; failed to 'record this variance- within--the 'applicable time period, and the variance lapsed.. Peter Taylor -resides at 161 School Street, the property that abuts the Carey parcel . When the Careys applied .for anew variance for a buildable lot, Taylor objected, claiming . construction of a single-family home on the property would ruin . his views and decrease the value of his property. After the board's adverse decision, he appealed pursuant to G. L, c.. 40A, § IT. - The Careys filed an .answer_, asserting, among other defenses, -Taylor's lack of standing.v After trial, the judge concluded that Taylor did not-of fer. :".sufficient credible evidence to .show that his private rights, private property interest or private Legal interests are materially affected- by the variance. " (A. 162) Having decided . the. case on that basis, the judge did not address whether the variance was properly granted. See G. L. c. 40A, 10. We conclude that Taylor had standing to bring the action and We need not review Taylor's motion for summaryjudgment� gm nt and its denial . See Deerskin Trading Post, Inc. v Spencer Press, Inc. , 398 Klass . 118,' 126 (1986) ("The merits of a claim are better tested on appeal on the record as it exists after, an: evident iary 'trial ' than -on "the*'.record 'in existence at the time the motion for summary judgment was denied") . 2 that the statutory. criteria for granting a variance were not met. The matter .is .quite similar to the case of Bertrand v.- Board of Appeals -of-_Bourne,:. .8 .Mass. App:= Ct.-•-912-.:�2003) -. '(abutters objections regarding :,increased-noise, .-increased artificial light, decreased backyard privacy, and environmental implications of construction conferred standing) . In- the case before us, Taylor alleged that. the construction of a single-family home on the Carey parcel- would decrease the value of his property (A. 19) and destroy his existing views. and sense of spaciousness. (A. 158) - Taylor presented an expert appraiser, 'Michael Sutton, who testified that because Taylor's home is turned toward the parcel, with its 'kitchen .and living room windows facing• the parcel, that the. construction of a home on -the now vacant land would diminish the. value of•_:Taylor.'s .property..- (Tr.: 91-92) This evidence established •Taylor's .st.anding to bring suit. See Tsagronis v. - Board of Appeals of Wareham, 415 -Mass. 329, 330 n.4 (1993) . (abutters testimony- that view would be obstructed and property value diminished confers standing) ; .Bertrand v. Board of Appeals of Bourne, supra at 912 . Further, here, as in Bertrand, supra, there was no lawful justification for the grant of the variance. A variance cannot be granted "unless the .owner's- hardship relates to soil conditions, shape, or topography of the land. " Bertrand, supra at 912'. G. - L. c., 40A, 10. The board justified the variance 3 because of "the shape of {the] parcel and its failure to meet the minimum dimensional requirements. "• (A. 21) The board also - reasoned that the Careys would "suffer a grave hardship, having paid taxes on the lot as buildable for 14 years in reliance upon the prior Variance." (A. 11) However, these reasons do not -justify the granting of the variance. The parcel is not of an unusual shape, nor do' the dimensions of a lot meet the "shape. of the land" requirement. See _Bertrand v. Board of Appeals of Bourne, 58 Mass. App. Ct. at 912 . Additionally, hardship based on the owner' s failure to abide by the -conditions of the 1982 . variance does not constitute hardship for purposes of granting a variance. See Tsagronis v. Board of Appeals of Wareham, 415 ' . Mass at 332 . The Superior Court judgment upholding the board' s decision granting the variance is reversed, and a new judgment shall be entered that annuls the board's decision granting the variance. as in excess of its authority. So ordered. By the Court., (Doerfer, Cohen �ssas �C1 e k Entered: March 10, 2004 : 4 s...,a... •.yvaaatab ai u. va a�YVuau v w.... ay.i vuJVV I a1 VVHKf) 1{AbV L Vl ✓ VNE TLAN11 SELECTED TOPICS 6o Mass App.Ct.1121 Zoning and Planning Unpublished Disposition Variances or Exceptions NOTICE:THIS IS kN L'NPL'BI,1SHED OPINION. Board tits Gant of Area Variance Apprialitionon Taylor v.Zoning Eld.of Appeals of Barn4ewls Court of;Massachusetts. Appeals Court of Massachusaffs. ►larch 10,2004 60 MassApp.CL 1121 e04 V E2d 963(Table) 2004'M.439526 (Appmx.2pages) Secondary Sources - Peter B.TAYLOR, s 8:13, Variances-Zoning V• 2 Subd iiicn Law and Grawth Mgmt.§8:13 ZONKN G BOARD OF APPEA S OF BARNSTABLE&others.L (2d ad.) ..2cnvrg variances are administratively granted exc*cns from zwe districting. No.03-P-265. Alatough states and courts difer on the ' March i0,2004. - meaning of hardship,variance requirements typicallyod M to hardsttips and prat... MEMORANDUM AND ORDER PURSUANT TO RULE 1.28 Proof of Hardship Necessary for '1 The case'arises from a dispute over the granting of a variance to Paul and Jane Carey, zoning Variance owners of a 24,400 square foot parcel with 131 feet of frontage at 151 School Street, 131 Am.Jur.Proof of Facts 3d 253 Barnstable(Carey parcel).The Carley parcel is located In an RF Residential F Zoning (Cdgvtally published in 2013) District,which has a minimum tot size requirement of one acre and a minimum frontage -Zoning In American aces is often said to have begun in 1818 when New Yode City requirement of 150 feet On September 2,1998,the Careys filed an application with the adopted the first comprehensive zoning Barnstable zoning board of appeals seeking a variance from the minimum lot size and ordinance.In 1926,the united states_ Supreme Court handed down its seminal frontage requirements.The board unanimously granted the request zcntn... The Carey parcel was originally owned by Jane Carey's mother,Marcella Gross.Gross s 58,15, Practical ddficulty or owned both the Carey parcel and the adjacent parcel.When the lots were created,in the he 1960s,the Carey lot was in an RD-2 zoning district requiring a minimum lot size of 20,000 3 Rathkopf's The Lae of zoning and Planning §58:15(4th ed.) square feet and a minimum frontage of 125 feet A single-family home had been constructed ..As;ust stat-d,practical ddaradty and on the adjacent parcel by 1971,In 1972,the property was rezoned to an RF District with the hardship may be the same standard.The current acerage and frontage requirements.In 1982,Gross applied for and vias granted a difference beteaen than is,at host strained. However,it is rriceiy that the hardship required variance for the Carey parcel,which reinstated the lot as buildable.Gross,however,failed to for the granting of a non... record this variance within the applicable time period,and the variance lapsed. �� Sae Alere.Sand-.ry Scurces Peter Taylor resides at 161 School SLreet,the property that abuts the Carey parcel.When Briefs the Careys applied for a new variance for a buildable tot,Taylor objected,claiming BNef for the Defendant,RobertK. construction of a single-family home on the property would ruin his views and decrease the McGarreil-Appellee value of his property.After the board's adverse decision,he appealed pursuant to G.L.c. 2011 ViL 2324826 40A,§17.The Careys fled an answer,asserting,among other defenses,Taylor's lack of Alison SHEPPARD.Plaintiff-appellant,v. standing.2 After trial,the judge concluded that Taylor did not offer'sufficient credible James FARMERcsng Chairman),Joseph Feaster,Angelo 6ucnopare,Ester Chin, evidence to show that his private rights,private property interest or private legal Interests are Anthcny Pissani,Christine Arauio and Jahn materially affected by the variance_'(A.162)Having decided the case on that basis,the_ ern man as they are acting Chairman and Members of the eoard of Appeal of the City judge did not address whether the variance was property granted.See G.L c.40A,§.10. of Boston,and Rcben K.MoGarrei,Frands Joyce,as he Is Commissioner of the Cfij of We conclude that Taylor had standing to bring the action and that the statutory criteria for Appel) Inspection DepannteN Defendants Appellees. granting a variance were not met The matter is quite similar to the case of Beftrand v.Board Appeals court of Massachusetts. of Appeals of Bourne;58 MassApp.Ct 912(2003)(abutters'objections regarding increased May 31,2" noise,increased artificial light,decreased ba and privacy,and environmental implications use this brier,the foliating Ad rArmatbr to this are P / used:'Add.-refers to Addenchan to ells brief. of construction conferred standing).In the case before us,Taylor alleged that the 'Er.'refers to the br of o(Appetlse Robert construction of a si le-fami home on the Car parcel would decrease the value of his Mosarrell.'Appalanfs Sr.,refers to!he brief ty BY A of the Appell... property(A.19)and destroy his existing views and sense of spaciousness.(A.158)Taylor presented an expert appraiser,Michael Sutton,who testified that because Taylor's home is Brief of the Appellant tuned toward the parcel,with its kitchen and living room windows facing the parcel,that the 2011 wL 899669 AlisonConstruction of a home on the now vacant land would diminish the value of Taylor's.pro BOAR s OF AP EA v. Ano47Y he,gas T ate )ri Aen'1• t30ARDOFAPFEALBAnather. (Tr.91-92)This evidence established Taylor's standing to bring suit See Tsagronis v.Board. Appears Court of Massachusetts. of Appeals of Wafeham,415 Mass.329,330 n.4(1993)(abutters testimony that view would Feb.25,2011 In this brief,the rofloydng abbreviations are 'be obstructed and property value diminished confers standing);Bertrand v.Board of Load:.W*refers;o the Addendum to this Appeals of Bourne,supra at 912. brief.'Br.'refers to the brief or Appellant Alison Sheppard.'Exh.'Refers to the separate volume anblled'Ex... '2 Further,here,as in Bertrand,supra,there was no lawful justification for the grant of the variance.A variance Cannot be granted'unless the owner's hardship relates to soil Brief for the Plaintiff-Appellant,Paul. G.Lamb https;//1.next.westlaw.c6m/Document/laaG388cfd45411d.9a489ee524f1f6e1a View/FullTe... 4/30/2018 i iVl •.uVlulib Lei+ Vi 1 jJjlLMiY Vi LH111Y 44V1V f V44YMY I ♦r�+V�3{i)♦ 1 u�V L V1 .1 conditions,shape,or topography of the land!Bertrand,supra at 912.G.L c.40A,§10.The. 29C9 wL 2033200 Co- board justified the variance because of-"the shape of[the]parcel and its failure to meet the Tnstes of o PReaalty Tr stnPlaa?naff minimum dimensional requirements."(A.11)The board also reasoned that the Careys would Appellant v.Dennis 1.ACKERMAN, '~suffer a grave hardship,havirtg paid taxes on the lot as buildable for 14 years in reliance Chairman,Gill gPer„be,a�'�Joseph upon the prior Variance.'(A.11)However,these reasons do not justify the granting of the Members of the city ofra awn zoning variance.The parcel is not of an unusual shape,nor do the dimensions of a lot meet the Board otAppeals,Defendant-Appefleo. Appeals Court of Massachusafis. 'shape of the land'requirement See Bertrand v.Board of Appeals of Bourne,58 2009 MassApp.Ct at 912.Additionally,hardship based on the owner's failure to abide by the _.FNt.References to the Record Appendix the conditions of the 1982 variance does not constitute hardship for purposes of granting a appear throughout as A.-foQowed bypage number or range in the Record variance.See Tsagronis v.Board of Appeals of Wareham,415 Mass.at 332. Appendix FN2.References to the exhlbas valume appear throughout as'Ex' The Superior Court judgment upholding the board's decision grantiq the variance is' fcQcwed... reyersed,and a new,judgment shall be entered that annuls the board's decision granting the See More Snefs variance as in excess of its authority. Trial Court Documents So ordered. Ruggles Y.Feaster 2CO2 Wt 345549C9 All Citations Yvonne RUGGLSS,John Young and Peter Ent,v.Joseph FEAST E:;4 et al.,as they are 60 MassApp.Ct 1121,804 KE.2d 963(fable),2004 VJL 439520 the Mom bars of the Board of Appeal ofthe City of Boston,Jacqueline O'Ftaherty and Antherry J.O'Flaherty. Superior Court of Massachusetts. Footnotes Jan.03,2ca2 This aeffan chalenges a deo!slen by the i Paul J.Carey and Jane Carey. defendant Board of Appel of the city of eostan(the'Boann granting a variance from 2 We need not review Tayloes motion for summary judgment and its denial.See the emerrfs of the Boston zoning code (0:eTododel to remderaial pc.. Deefskrn Trading Posy,Inc.v.Spencer Press,Inc,398 Mass.118,126(1986) CThe merits of a claim are better tested on appeal on the record as it exists Robert AWAD,Plaintiff,v.TRICON GLOBAL RESTAURANTS,INC.,Judith after an evidentiary trial than on the record in existence at the time the motion A.and Eileen Robbins,and Zoning for summary Judgment was denied'. Board of Appeals of the City of Worcester,and Its members, Defendants. 2C01 IhL 35819419 End of 4;2016 Themson Reuters No claim to anginal U.S GooEmmentftrkS Robe;tA`NAD,PiaW,Y.TRiCON GLOBAL Document RESTAURANTS,INC.,Judith A.and Eileen Robbins,and Zaning Beard of Appeals of the City of worcester,and its membere. Defendants. Superior Court of Massar ltusetts. Aug.29,2001 .The plaintiff Rater'Awad(Awed)is represented by Jonathan Finkelstein,Esq.. 19 Ceder Skeet Worcester,Massachusetts 01609.The defendants Trimn Global Restaurants,Inc.(Tncon),Judth A.Robtin... . Ginger S.DENNENY,Marc J.Santos, Esq.,Plaintiff,v.TOWN OF SEEKONK ZONING BOARD OF APPEALS;Bell Atlantic Nynex Mobile;Paul Moriarty& Associates;and Town of Seekonk Water District,Defendants. 2CC(l"P4.3SM7094 Ginger B DENNEW,Marc J.Samos,Esq., Raintiff,Y.TOWN OF SEEEKONK ZONING BOARD OF APPEALS;Bell Aearec Nynec Mobile;Paul Moriarty 8 Asxaates;and Town of Seekonk Water DlslY4 Defendants. Superior Court of Massachusetts. June 23,2000 ...BRISTCL,ss.Pursuant to Mass.R.CIV.P. 52(a)and upon consideration of aQ the evidence introduced at Mai;ofla view of the site in the company of the plaintiff and of all counsel,and of all pest.. See Mare Trial Court Oca:nrerm 'Aestlaw.t)2018 Thomson Reuters Privacy Stat_srnerd P.ccessibrrity Suppi!er Tams Centad Us 1-eMREF-ATTY(1.80rYi'33.2889) improve Westlaw r l inn https://1.next.westlaw.coin/Document/laa03 8 8 cfd45411 d9a489ee624fl f6e l alView/FullTe... 4/3 0/2018 i DATE: March 7,2013 TO: Building File FROM: R. Anderson RE: Complaint- Illegal Rental Unit—"Cottage" LOCUS: 161 School Street, Cotuit Received a call on March 6, 2013 from the mother of a tenant who resides in little "cottage" at 161 School Street. The rental unit has no permanent heating source. The landlord has provided the tenant with electric heaters but the dwelling is always cold. According to the caller,the e landlord was upset with the utility bills and ordered the tenants to vacate. The mother of the tenant called to check on the status of the"cottage". She was concerned that the "cottage"had no permanent heating source and advised that this is likely the reason for the high turn over in tenants. I directed Brenda Coyle to send a letter to the landlord regarding the status of the "cottage". Our records indicated there were no permits or history of a"cottage". It was not a registered rental with the Health Div. I had informed the caller that we are unable to advise her on tenant rights and that we are not ordering immediate vacancy; she should check with an attoerney to learn what her rights are as a tenant. On March 7, 2013, Mr. Peter Taylor called in response to Brenda's letter. He stated the tenant is leaving today and he agreed to obtain a building permit to remove the kitchen. He also stated that he is not interested in renting the"cottage" again. He promised to be in early next week after the departure of the tenant to discuss the necessary steps for compliance. Our phone conversation had been interrupted with a call from his tenants (on his end) and he had to call me back in order to finish our conversation. A little while later,the tenant's mother called to verify that the property owner did in fact receive a letter from the town and inquire (again) about the tenant rights issue. I reiterated that we have not ordered immediate vacancy and that we did in fact send him a letter. She stated that Mr. Taylor had given the tenants 2 hours to get their stuff out. I reminded her that tenants have rights and she should check with an attorney to determine what those are. I added that we have no jurisdiction over the landlord/tenant matter or dispute. She thanked me and our conversation concluded at this point. Bk 19206 Pg 232 #85702 Barnstable ss. November 2, 2004 By virtue of this Execution No. BACV1998-00722 issued by the Barnstable Superior Court the original of which is in my hands for the purpose of taking this real estate, I have this day levied upon, seized and taken all the right, title and interest that the within named Judgment Debtors Paul J. Carey and Jane Carey now have in and to the real estate, situate within the County of Barnstable and described as follows in Book 4151 Page 199 at the Barnstable Registry of Deeds: the Ladin Barnstable (Cotuit), Barnstable County, Massachusetts • �aaipdoe sad mcuobtpiop,Y m1) A certain parcel of land situated in the Southwesterly part of saxnstable, in the village of Cotuit, containing approximately .56 acres and bounded an%] + describa4 as follows: Beginnirq at the Nornegaterly .:oxnee of the promisee at a point at School Street 80.00 feet m/o/1 (more or loss) westerly of.the intersection of aforesaid School Street and Piney Roads Thence Soath SW 212.00 feet K/o/1 along land now of the grantor, Marcella G. Gro9sl Thence Westerly 90.61 feet m/0/1 along land now or formerly of John O. Haber; Thence North Ne 247.59 feet m/o/l along land now or formerly of William Cash to a point at the aforementioned School Street; Thence Basterly along the same School Street 132,02 feat m/c/1 to the starting point. Being a part of the parcel or parcels of land deeded to Marcella G. Gross by Alice T. Pierce (formerly Alice T. Fish). Reference'Barnstable Registry of Deeds Book.1101 Page 21, ]Book 1029 Page 396,' Book 251 Page 415 and other. Being that land shown on Barnstable Assessor's Map #20 as lot 87 and bounded (generally) on the North by School Street, on the Bast by lot 86, and on the South by lot 93 and on the West by lot S8. • Also Town of Barnstable Board of Appeals-Appeal No. 1982-81 and Decision /// (Dec. 16, 1982) granting utilization of lot #07 as a separate buildable lot. The lot (#07) is shown on .the plan submitted with the filing (1982-81) and ( cited as follarel "Plan of Land in Barnstable (Cotuit) Mess, for Marcella G. Gross by Charles N. savory, datedr October 8, 1969." The within is a true copy of this Execution and the above so much of my return as relates to the levying upon, seizure and taking of this real estate on this Execution. Zisson &Veara P. O. Box 2031 Dennis, MA 02638-0043 Attorney for Creditor �K*er by Deputy Sheriff BARNSTABLE REGISTRY OF DEEDS r` �00KA79rAGE Oft 25353 �t I, ANN MARIE CASH, being unmarried of 161 School Street, Barnstable �i (Cotuit), Barnstable County, Massachusetts, for consideration paid of THIRTY EIGHT THOUSAND AND 00/100ths ($38,000.00) DOLLARS, grant to Peter B. Taylor and Betsy Lane Taylor, husband and wife as Tenants by „ t• a the Entirety, both of 14 Cape Town Road, Sandwich, Barnstable County, ! i� Massachusetts, with QUITCLAIM COVENANTS, that certain parcel of land together with buildings thereon situated in Barnstable (Cotuit), Barnstable County, Massachusetts, and more particulary bound and described as �' SL follows: r On the North by School Street; On the East by land now or formerly of Alice T. Robbins; On the South by land now or formerly of Robert T. Fowler; and On the West by land now or formerly of Ellen M. Savery. Said premises contain an area of 16,100 square feet, more or less. For Crantor's title see deed from William E. Cash and Nancy Ruth Cash, dated January 31, 1975, and recorded with the Barnstable County Registry of Deeds in Book 2146, Page 44, and deed from Roger S. Cash, dated G-J a J -7 (C 1 and recorded with the Barnstable County i Registry of Deeds in BooQc(jj, Pagel, WITNESS MY HAND AND SEAL THIS .^AY OF October, 1980. Ann Marie &sh COMMONWEALTH OF MASSACHUSETTS Barnstable, as. October Zq , 1980 OK[fN.MCMULTY 1 Amu HOPKINS.P.C. Then personally appeared the above named ANN MARIE CASH and acknowledged 'TT;"oTTE ATANY"` " the foregoing instrument to be her free act an de d fore DARNNTAVIL[T MA 0 W.77141009 Nota y bli o COMMCN OF MASSACHUSETTS -.. CIS Co iasion Expires: �C K � 1 i - Z.� -�50.u411 � OCT 2480 • rtic�l��,u�J Bk 19206 P0231 .. �85702 11-02-2004 a 03 =22p Commonwealth of Massachusetts County of Barnstable The Superior Court EXECUTION t CIVIL DOCKET# BACV1998-00722 RE: Peter B. Taylor v Zoning Board of Appeals of the Town of Barnstable et al To the Sheriffs of our Several Counties or their Deputies, GREETING: A TRUE COPY ATTEST WHEREAS Peter B Taylor, of Barnstable (Cotuit), by the consideration of our Justices of our Superior Court at Barnstable, aforesaid, on 09/20/2004 recovered Judgment against Paul J arey and Jane Carey of Chelmsford in the County of Middlesex, &UTH IFF Massachusetts for the sum of One Thousand Eighty Dollars and AGES: $1,080.95 Ninety Five Cents ($1,080.95) debt or damages and Two DAMAGES: FEES: Hundred Two Dollars and Fifty Cents ($202.50) costs of suit, as ATTY COSTS: $202.50 to us appears of record, where execution remains to be done: PUNITIVE: POST JUDIINT: $15.67 We command you therefore, that of the goods, chattels or land of the said judgment debtors within your precinct, you cause to TOTAL: $1,299.12 be paid and satisfied unto the said judgment creditor, at the value thereof in money, with interest thereon in the sum of Fifteen Dollars and Sixty Seven Cents ($15.67)from day of the rendition of said Judgment to date of execution the aforesaid sums, being One Thousand Two Hundred Ninety Nine Dollars and Twelve Cents ($1,299.12) in the whole, and thereof also to satisfy yourself for your own fees. Hereof fail not, and make return of this writ with your doing thereon into the Clerk's office of said Court at Barnstable, within our County of Barnstable, and to make return of this writ within twenty years after the date of the said judgment, or within ten days after this writ has'been satisfied or discharged. Witness, Suzanne V. DelVecchio, Esquire, Chief Justice of the Superior Court, at Barnstable, Massachusetts this 27th day of (� October, 2004. ....... .r�. '.. ............... Clerk L RETURN TO: J4 .� Edward E Veara, Esquire Zisson&Veara 828 Main Street M PO Box 2031 ►�`� Dennis,MA 02638 w , cvdexeiss 7.vpd 4u593 exeiss nickacot - - Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998-120 -Carey Variance to Section 3-1.4(5) Bulk Regulations - Minimum Lot Size and Frontage Summary: Granted Petitioners: Paul J. and Jane Carey Property Address: 151 School Street, Cotuit _ Assessor's Map/Parcel: Map 020, Parcel 087 , Area: 0.56 acre Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal contains approximately 24,400 sq. ft. of area and approximately 131 feet of frontage. It is commonly addressed as 151 School Street, Cotuit. The site is located in a RF Residential F Zoning District which has a minimum lot size requirement of one acre and a minimum frontage requirement of 150 feet. The subject lot was created in the 1960s. At that time, the property was zoned RD-2 which had a minimum lot size requirement of 20,000 sq. ft. and a minimum frontage requirement of 125 feet. In March of 1973 (ATM 3/29/73, Art. 159), the property was rezoned to an RF District with a minimum lot size of one acre and a minimum frontage of 150 feet. The subject lot is equal in size to the majority of the lots in this neighborhood. Most of the lots in this area of Town have already been developed with single-family dwellings, which abut the property on all sides. On December 16, 1982; the Zoning Board of Appeals granted Variance No. 1982-81 to allow two undersized lots under common ownership to be utilized as buildable lots. Lot 86 was already improved with a single-family dwelling. According to the petitioners' application, the subject property(Lot 87)was not separated from the adjoining land (Lot 86) by conveyance within one year of the Variance decision which was not'recorded until after the conveyance. The property was conveyed 17 months after Variance No. 1982-81 was approved and the Variance was not recorded until July of 1984; 18 months after it was granted. Chapter 40A of the Massachusetts General Laws states that the rights authorized by a Variance must be exercised within one year of the date of issuance or such rights shall lapse. It further states that no Variance shall take effect until a copy of the decision is recorded in the registry of deeds. It appears the previously approved Variance has lapsed because it was not recorded until 18 months after it was granted. The applicant is now seeking a new Variance from the minimum lot size and frontage requirements in order to re-establish the development rights of the subject property. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on September 2, 1998. 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 October21, 1998, at which time the Board granted the request. Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-120-Carey Variance to Section 3-1.4(5)Bulk Regulations-Minimum Lot Size and Frontage Hearing Summary: Board Members hearing this appeal were Richard Boy, Gail Nightingale, Gene Burman, Thomas DeRiemer, and Chairman Emmett Glynn. Attorney Michael Ford represented the applicants, Paul and Jane Carey, who were present. Attorney Ford submitted a memorandum in support to the file. Attorney Ford explained that the parcel in question contains approximately 24,400 sq.ft. and 131 feet of frontage and as a result, does not meet the current requirements for area and frontage. As background, Mr. Ford reported the Zoning Board of Appeals granted a Variance for this lot in 1982. The lot was created in the 1960s. At that time it was zoned RD-2 and met the then minimum area and frontage requirements and was therefore conforming. The prior owner, owned both this lot and an adjoining lot upon which a house existed when the zoning changed in March of 1973, at which time the property was zoned RF with a minimum of one acre and minimum frontage of 150 feet. That common ownership resulted in the merger of the two lots. The locus was granted a Variance in Appeal Number 1982-81 and the prior owner then conveyed the lot to the applicants seventeen months later. The Petitioners were advised by the Building Commissioner that the rights granted under the Variance in Appeal Number 1982-81 lapsed since the property was not put into separate ownership as authorized by the Variance until seventeen months after the Variance decision became final and the Variance decision itself was not recorded until eighteen months after the grant of the Variance. Under MGL Chapter 40A, Section 10, the Petitioner had only twelve months to exercise their rights granted under a Variance, and since it had not been done,the rights under the prior Variance had lapsed. Attorney Ford reported the applicants have paid taxes on this lot(for the past fourteen years)as if it were a buildable lot. The town is assessing the lot at$46,700. For financial reasons, the applicants wish to sell the lot and are seeking a Variance to allow the lot to be considered buildable under the current Zoning Ordinance. As to Variance Conditions, under Chapter 40A, Section 10,Attorney Ford stated the shape of the lot lends itself to being a separate buildable lot separate from Lot 86 with a house on it. As a direct result of the shape of this parcel and its failure to meet the minimum dimensional requirements,the Petitioners would suffer a grave hardship, having paid taxes on the lot as buildable for.14 years in reliance upon the prior Variance. The lot is similar in size, or larger,than the lots surrounding it. The utilization of this parcel for a single family home, given its comparable size to other lots in the area,would not be a detriment to the public good. The property is located in an AP Aquifer Protection Overlay District and, therefore,would not negatively impact groundwater. Public Comments: Attorney Bruce Gilmore, representing Peter Taylor(an abutter), spoke in opposition. When the original Variance was granted in 1982,-Mr. Taylor did not oppose it because of personal circumstances. In Attorney Gilmore's opinion, Variance conditions were not demonstrated, and he feels the hardship is self imposed because they did not exercise the rights granted in.the previous Variance in a timely manner. Mr. Taylor assumed the lot was unbuildable and did not know the Variance was granted in 1982. No one else spoke in favor or in opposition to this appeal. [N.B. The Board noted (Mr. Taylor)the abutter's lot is smaller than the lot in issue and that his driveway encroaches on the locus. He was notified in 1982 of the Variance Hearing.] In rebuttal, Attorney Ford stated this is a"personal issue". Mr. Taylor has been using the Petitioner's lot for years without their permission. Mr. Taylor through his Attorney, has made no argument that his property will be injured or harmed (as he is required to demonstrate as an aggrieved party) and therefore, he does not have standing before the Board. Findings of Fact: At the Hearing of October.21, 1998, the Board unanimously found the following findings of fact as related to Appeal No. 1998-120: 1. The Petitioners, Paul J. and Jane Carey, are seeking a Variance to Section 3-1.4(5) Bulk Regulations for Minimum Lot Size and Frontage. 2. The property address is 151 School Street, Cotuit, MA as shown on Assessor's Map 020, Parcel 087. The site is 0.56 of an acre and is located in the RF Residential F Zoning District and the AP-Aquifer Protection Overlay District. 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-120-Carey Variance to Section 3-1.4(5)Bulk Regulations-Minimum Lot Size and Frontage 3. The property contains approximately 24,400 sq. ft. of area and approximately 131 feet of frontage. It is commonly addressed as 151 School Street, Cotuit. The site is located in a RF Residential F Zoning District which has a minimum lot size requirement of one acre and a minimum frontage requirement of 150 feet. 4. The subject lot was created in the 1960s. At that time, the property was zoned RD-2 which had a minimum lot size requirement of 20,000 sq. ft. and a minimum frontage requirement of 125 feet. In March of 1973, the property was rezoned to an RF District with a minimum lot size of one acre and a minimum frontage of 150 feet. 5. The subject lot is equal in size to the majority of the lots in this neighborhood. Most of the lots in this area of Town have already been developed with single-family dwellings, which abut the property on all sides. 6. On December 16, 1982, the Zoning Board of Appeals granted Variance No. 1982-81 to allow two undersized lots under common ownership to be utilized as buildable lots. Lot 86 was already improved with a single-family dwelling. The subject property(Lot 87)was not separated from the adjoining land (Lot 86) by conveyance within one year of the Variance decision which was not recorded until after the conveyance. The property was conveyed 17 months after the Variance was approved and the Variance was not recorded until July of 1984; 18 months after it was granted. 7. MGL Chapter 40A, states that the rights authorized by a Variance must be exercised within one year of the date of issuance or such rights shall lapse. It further states that no Variance shall take effect until a copy of the decision is recorded in the registry of deeds. It appears the previously approved Variance has lapsed because it was not recorded until 18 months after it was granted. 8. The applicant is now seeking a new Variance from the minimum lot size and frontage requirements in order to re-establish the development rights of the subject property. 9. The Petitioners have treated the lot as buildable and paid taxes as a buildable lot for 14 years. 10. The utilization of this parcel for a single family home, given its comparable size to other lots in the area, would not result in any detriment to the public good. The property is located in an AP Aquifer Protection Overlay District and, therefore,would not negatively impact groundwater. 11. In this case,the shape of the lot lends itself to being a separate buildable lot since it is larger than the adjoining lots. As a direct result of the shape of this parcel and its failure to meet the minimum dimensional requirements,the Petitioners would suffer a grave hardship, having paid taxes on the lot as buildable for 14 years in reliance upon the prior Variance, duly issued but untimely recorded at the Registry of Deeds. 12. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. 13. This appeal is opposed by an abutter, Mr. Taylor,who owns Lot 88. According to the Town's GIS map, Mr.Taylor has been utilizing a portion of the subject lot-without the applicant's permission. Decision: Based upon the findings a motion was duly made and seconded to grant the Applicant the relief being sought in Appeal No. 1998-120. The Vote was as follows: AYE: Gail Nightingale, Ron Jansson, Richard Boy, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: None 3 r Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-120-Carey Variance to Section 3-1.4(5)Bulk Regulations-Minimum Lot Size and Frontage Order: Variance Number 1998-120 has been granted. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 19'98 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 4 A e Cc i��l/��' ( dam adQ MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT'TO PERFORM PLUMBING'WORK CITY S L MA DATEI PERMIT# JOBSITE ADDRESS I. C 0 a-t-r( OWNER'S NAME C-t:� POWNER ADDRESS TEL FAX TYPE OR OCCUPANCY TYPE COMMERCIAL® EDUCATIONAL ® . RESIDENTIAL PRINT CLEARLY NEW:© RENOVATION:Ej REPLACEMENT:Lj \)ew\Ao P" PLANS SUBMITTED: YES[j NO® FIXTURES I FLOOR- BSM 1 2 3 4 5 6 1 .. 7 8 9 10 11 12 13 14 BATHTUB _ - - -- - CROSS CONNECTION DEVICE —_ DEDICATED SPECIAL WASTE SYSTEM DEDICATED GASIOIUSAND SYSTEM DEDICATED GREASE SYSTEM _ DEDICATED GRAY WATER SYSTEM — DEDICATED WATER RECYCLE SYSTEM DISHWASHER - - -- DRINKING FOUNTAIN - --- FOOD DISPOSER - FLOOR I AREA DRAIN INTERCEPTOR(INTERIOR) - - KITCHEN SINK _ - LAVATORY ROOF DRAIN SHOWER STALL SERVICE/MOP SINK TOILET 'S - _ _.... -.. . . - - - URINAL _ _ _. WASHING MACHINE CONNECTION " WATER HEATER ALL TYPES WATER PIPING OTHER ( _ Il -- -� CD Zz 2 cl Ls� INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch.142. YES NO [ _ N IF YOU CHECKED YES,PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLIC OTHER TYPE OF INDEMNITY ® BOND El OWNER'S INSURANCE WAIVER:I m aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws,and that my signature on this permit application waives this requirement CHECK ONE ONLY: OWNER ® AGENT SIGNATURE OF OWNER OR AGENT I hereby certify that all of the details and information I have submitted or entered regarding this application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance wi e ' e vision of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. PLUMBER'S NAME 1_�Ci U LICENSE# !S'-2UG GNATU E MEL JP® CORPORATION#r- PARTNERSHIP®# LLC©# COMPANY NAME ADDRESS Z i CITY STATE -ZIPL U 2,/1 c4 TEL FAX L _ CELL EMAIL GG �"E Town of Barnstable Regulatory Services sA NSTAB e. Thomas F.Geiler,Director MAM iOrEpA�� Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 t ` March 6, 2013 Peter Taylor 161 School Street Cotuit, MA 02635 Re: 161 School Street, Cotuit Map 020, Parcel 088 Dear Property Owner: Our records indicate that your house at the above-referenced location is currently being used as a two-family home (detached accessory building), which is contrary to Barnstable . Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record and you could be fined up to $100.00 per day,per violation. You must contact this office within 14 days (March 26, 2013)to either: • Apply for a building permit to restore the property to a single family home. • Apply to the Zoning Board of Appeals for a variance, or • Prove that this is a legal two-family home. Please contact this office immediately to tell us what direction you wish to take. Sincerely, Thomas Perry Building Commissioner gfbnns:zoning3 Parcel Detail Page 1 of 4 THE BARNSTABLE ,y AAASS, ewe/ ��� �, Logged In As: Wednesday,March 6 2013 Parcel Detail Parcel Lookup Parcel Info er Parcel ID 020-088 I DeveloLo� LOT UNNUM I Location 161 SCHOOL STREET I Pri Frontage 100 Sec Sec Road f I 1 Frontage Village JCOTUIT I Fire District COTUIT Town sewer exists at this address No I Road Index 1433 Asbuilt Septic Scan: Interactive Map 020088_1 � . i� Owner Info Owner ITAYLOR, PETER B I Co-owner I . Streetl 1161 SCHOOL ST I Street2 I City JCOTUIT I State MA Zip 02635 Country Land Info - Acres 0.37 Use I Multi Hses MDL-01 I Zoning 19F Nghbd 0108 Topography[Above Street I Road Paved I Utilities 1 Public Water,Gas,Septic I Location Construction Info Building 1 of 2 Year l 1890 Roof Gable/Hip well Wood Shingle) Built Struct Living 1976 Roof Asph/F GIs/CrnpT Ac None r Area Cove Type Bed ; Style Colonial wall,Drys wall _� Rooms 14 Bedrooms IInt � BAS Model Residential or Hardwood Bath11 Full BMMT Floor Rooms r� 29. 25 Grade Average Plus TYPe I Hot Water Rooms Total I Rooms I FUs Heat Found- 6 Stories 12 Stories OII J (Mixed BM ..•. Fuel ation Gross 2925 Area Building 2 of 2 - Year 1960 Roof Gable/Hi Ext Wood Shingle Built• Struct i p Wall http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=915 3/6/2013 Parcel Detail Page 2 of 4 Living 248 Roof jsph/F Gls/Cmp I AC None Area Cover Type Int Be Style Cottage I Wall(Drywall I Rooms 1 Bedroom Model Residential Floor CarpetI Rooms 1 Full Heat Total +r� Grade Below Average ( Type None I Rooms 2 Rooms Stories 1 Story 1 Fuel None I F ation.conc. Block I j zs Gross 248 Area Permit History Issue Date Purpose Permit# Amount Insp Date Comments 8/1/1984 Addition B26871 $0 3/15/1985 12:00:00 AM CO ADUN Visit History Date Who Purpose 3/30/2005 12:00:00 AM Paul Talbot Drive by inspection only 9/5/2003 12:00:00 AM Paul Talbot Meas/Listed-Interior Access 5/27/1999 12:00:00 AM Frederick Stepanis Meas/Listed-Interior Access 3/15/1985 12:00:00 AM FR Sales History Line Sale Date Owner Book/Page Sale Price 1 8/15/1985 TAYLOR, PETER B 4651/025 $1 2 TAYLOR, PETER B 3179/51 $0 Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parcel Value 1 2013 $175,900 $30,100 $0 $196,200 $402,200 2 2012 $175,800 $30,300 $0 $190,900 $397,000 3 2011 $204,600 $14,200 $0 $190,900 $409,700 4 2010 $205,000 $14,200 $0 $201,500 $420,700 5 2009 $244,100 $9,700 $0 $200,000 $453,800 6 2008 $243,900 $9,700 $0 $223,200 $476,800 8 2007 $243,000 $9,700 $0 $223,200 $475,900 9 2006 $218,000 $9,700 $0 $206,100 $433,800 10 2005 $195,100 $9,100 - $0 $137,000 $341,200 11 2004 $124,900 $8,600 $2,700 $137,000 $273,200 12 2003 $110,600 $8,600 $2,700 $69,100 $191,000 13 2002 $110,600 $8,600 $2,700 $69,100 $191,600 14 2001 $110,600 $8,600 $2,700 $69,100 $191,000 15 2000 $92,000 $8,300 $1,300 $41,300 .$142,900 16 1999 $87,900 $0 $5,900 $41,300 $135,100 17 1998 $87,900 $0 $5,900 $41,300 $135,100 18 1997 $94,500 $0 $0 $41,300 $139,800 19 1996 $94,500 $0 $0 $41,300 $139,800 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=915 3/6/2013 1 •• ' •� 11 ' 1 ' 1 11 • :11 ••� '• 11 ' 1 ' 1 y. 11 • •11 •• '• 11 ' 1 '.1 '.�• 11 • 'll •• 1 1 1 '.1 '.1 .1 1 : 1 1 1 •• :1 1 '.1 '.1 11 '1 1 ••1 :11 'il ' 1 11 •11 •'• :11 ' 1 '.1 11 •11 •" 11 ' 1 'il • 11 • 1/1 •' 1 1 'i 1 '.1 ' 1 1 • 1 1 1 '�' _ �" . ~ is ;� — �•; —^�t� r � ( .� Cyr�!a® ..3 .•, _ �:.� ...-.- ti Y! 6 �: �..�, A•d al� � � w..,r_ � i _.�,. •ice s`- ♦ �3.. ��° '.rt �!ji x LAW, h��lf,,.,,;.e f�y1 9 roil Fill . ' -t �•1'qy�! 'i " ...1 I�'.L'-� -ICY.. ��•: ' �,_' 6Q, I � M _ �v..""""ate �/ 'a.c y,.�'•� �;µN �+�.� t i,�cn -..-^ei'a"s`�•a'4a:w.^'rr.- ems„0"_- -�y...� °- >rP - +B r � 3s r_ac✓ a; "r-. ea'( {� � taws!.. oyY � �S w'`y'1C��a,>:%'��` �;••�#•�• ev5 4 e d. }Nr NO NA h� �e Off'E ' I I I •11. . �. 1" . . I � I I T,H Tolvn of Barnstable ' *Pe it#° b z [ 3� pp Tp� months f—M-i-ue die Regulatory Services � s�vsrasra, Thomas F.Geiler,'Director 'DTEa�•�k ,, Building Division X-PRESS PERMIT Tom Perry, CBO, Building Commissioner 200 Main Street,Hyannis, MA 02601 f FEB 21. 2012 wtown.barnstable.ma us ww. Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT.APPLICATION - RESIDENTIA10, F BARNSTABLE Not Valid without Red X-Press Imprint Map/parcel Number " — `" �G Property Address / / /`/ _/ /I 2--Zj,..� S ❑Residential Value of Work Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address A,71 -P-� t/ f4',�� 41 Contractor's Name Telephone Number Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one: ❑ IAM a sole proprietor I am the Homeowner ❑ I have Worker's Compensation Insurance Insurance Company Name Workman's Comp. Policy# Copy of Insurance Compliance Certificate must accompany each permit Permit Request(check box) ❑ Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going-over existing layers of roof) Re-side- #of doors, ❑ Replacement Windows/doors/sliders. U-Value (maximum .44)#of windows *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License& Construction Supervisors License is re uired. IGNATURE: l ` iWPFILESlFO S1bw7ding permit formslE S.doe :wised 070110 The Commonwealth of Massachusetts' Depakment of Industrial Accidents 'Office of Investigations + d - 600'°Washington Street. J Boston,MA 02111 5•• www.mass.gov/dia. Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information. ; e `Please Print Legibly Igame-(Business/Organizition/Individual) L-f Address: C sty/_State/Zip:-CABv Phone#: ��� �-� 70 Are you an employer?Check the appropriate box:' Type of project(required): 4.. I a a general contractor andI1.❑ I am a employer with 6. ❑New'constiuciion employees(full and/or part-time).* *`have hired the sub-contractors listed on the'attached sheet* 7:"D Remodeling 2.❑ I am a'sole proprietor or partner i. +« ship and have no employees These sub-contractors have g. Demolition workingfor in an ca aci : :,employees and have workers' Y P h'• r 9. 0 Building addition :• - [No workers'comp.insurance comp.insurance. uired.] '5:Q We are a corporation and its 10.E Electrical repairs or additions officers have exercised their ".4 ',11. Plumbin re aus o_r additions 3. I am a homeowner doing all work - g P ° right of exemption per MGL myself. [No workers comp 121]Roof repairs insurance required.]t °' -c.152,§1(4)1 and we have no employees..[No workers'- comp.msurance`required.]< *Any applicant that checks box#1 must also fill out the section below showing their workers',compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name.of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. ` r I am an employer that is providing workers'compensation insurance for my.employees. Below is thepolicy,and job site information. f. Insurance Company Name: Policy#or Self--ins.Lie,#: Expiration Date y Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration pagej(showing t6dpolicy number and expiration date).. Failure.to secure coverage as required:under Section 25A of MGL c:152 can lead to the imposition'of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP-WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy;of this_stateinelit may be forwarded to the Office of Investigations of the MA for insurance covera e verification. I do hereby certi der he and p ties of perjury that the information provided above is true and correct. Signature: Phone#: O trial use only. Do not write in this area;to be coin leted b ci or town o ida ` ff y. - P y h' ff r a 'City or Town: Permit/License'# . Issuing Authority(circle one): # 1.Board of Health2.Building Department 3.City/Town Clerk£ 4.Electrical Inspector 5.Plumbing.Inspector`.. R 6. Other r Contact Person: R Phone#: ` I� a i Information and Instruction Massachusetts.General Laws:chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,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 or 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." t MGL chapter 152,§25C(6)also states that"every state or local licensing agency shall withhold the issuance or 4 renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any i applicant who has not produced acceptable evidence of compliance with the insurance,coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for:the performance of public work until acceptable evidence of cornphance with the insurance requirements of this chapter have been presented to the contracting authority:" Y Applicants z Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policyis required. Be advised that ibis affidavit may be,submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign,and date the affidavit. .The affidavit shoulda be returned to the city or,town that the application for the permit or licenseis being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law orif you are required'to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. s City or Town Officials ' Please be sure that the affidavitis 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: In addition, an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should-write"all-locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or townmay be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related fo any business or commercial venture (i.e. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone-and fax number:. Yhe Commonwealth of-Massacbusetts Depenetit of Industrial Aeoldmts office of Investigations 600 Washington Street Boston,MA 02111 N TeL##617-727-49QQ ext 4Q6.o.r 1-$77-NIASSAFE4 - Revised.11'-22-06 Fax##617-727-7749 www.mass:gov�dia -.y �tHE Town of Barnstable Y Regulatory Services BARNSTABLE, + Thomas F.Geiler,Director MASS. 9�At 1639. Building Division ED Id1A'1 . Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax:_508-790-6230 HOMEOWNER LICENSE EXEMPTION: Please Print 'Cz=70B L— OCA O n er street village «HOMEOWNER''= name ; ;home phone#' work phone# CURRENT-MAILING ADDRESS:'. city/town state zip code 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 as supervisor. DEFINITION OF HOMEOWNER. Persons)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 1Q9.1.1) The undersigned"homeowner"assumes responsibility for.compliance with the State Building Ctide and other applicable codes,bylaws,rules and regulations. _..4 The undersigned"homeowner"certifies that he/she understands the Town,of Barnstable Building Department minitn snection n�rods and requirements and that he/she will comply with said procedures and requ' S' atu of H meo e 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 liomeownerperforming 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," y 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 lastpage of this issue is a,form currently used by several towns. You may care t amend an8 adopt such a form/certification for use in your community. I Q:forms-homeexempt 4� THE, Town of Barnstable Regulatory Services * suwsrnsis, « a9 Thomas F.Geiler,Director 039. � Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us .» Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Com lete and Sign This Section Using A Builder as caner,of the subject property hereby authorize to act on ray behalf, in all matters relative to work authorized by this permit (Address of ob) **Pool fences and alarms are e responsibility of the app ant. Pools are not to be filledbefore fenc is installed and pools are not t be utilized until all final inspectio s^are performed and accepted. Signature of Owner Signature of Applicant Print Name Print Name _ r Date Q:FORM&OWNERPERMISSIONPOOLS +.- Map Page 1 of 1 Town of Barnstable Geographic Information System New Search Home Help Parcel Viewer Custom Map Abutters Map Size .■ Zoom Out r: 'n El --N .,.,. ,� aw i� ® (9 9-7PG Map: 020 Parcel: 088 Prol er P tY Location: 161 SCHOOL STREET!� Info 020043 . 020070. 020071 a 13 S Owner: TAYLOR,PETER B 020089 a'174 020088 ,. big i`«,e a CBD Sr D20038 17 �' DpD�oz o Location Information i Map&Parcel 020088 ! '. Location 161 SCHOOL STREET Acreage 0.37 acres Current Owner 020D99 020088 0z0072 Mailing Address TAYLOR,PETER B > a173 s101 a129 161 SCHOOLST .COTUIT,MA 02635, 020090 D220087 020080 NMI a181 a14I " oN193 Dz9Dsa Appraised Value(FY 2011) a 193 Extra Features $14,200 ;, 020092 Out Buildings $0 Land $190,900 Buildings $204,600 D29093 Total Appraised $409,700 p 135 r -- Assessed Value(FY 2011) --- "a2s Extra Features $14,200 `„+"i t 020093001 020082 ` NaD a 125 Out Buildings $0 Land $190,900 ° Buildings $204,600 Total Assessed $409,700 P°� NN Set Scale 1" = 118 -! April 2008 i MAP DISCLAIMER - *i Copyright 2005-2010 Town of Barnstable,MA All rights reserved.Send questions or comments to GIS BarnstableMA v1.2.4015[Production] - http://66.20.3.95.236/arcims/appgeoapp/map.aspx?propertyID=020088&mapparback= 2/25/2011 Map Page 1 of 1 Town of Barnstable Geographic Information System New Search Home Help Parcel Viewer F Custom Map Abutters Map Size .■ Zoom Out In 3PG Map: 020 Parcel: 088 Full Property ' - Location: 161 SCHOOL STREET Info j°' - 020043 020070 020071 15 S Owner: TAYLOR,PETER B 020089 p 174 1188 Ct 020088 A.184 S 020038 big? o2o9a2 Location Information f :- Map&Parcel 020088 - ' Location 161 SCHOOL STREET' Acreage 0.37acres ;.�. ,mow'•, I S: Current Owner 1, 020089 020088 020072 Mailing Address TAYLOR,PETER B p t73 0161 p tyg 161 SCHOOL ST 020087 COTUIT,MA 02635 ' 020090 IV 151 r 02D088 ' , q 181 %141- - 4 oz0191 � o2oDea Appraised Value(FY 2011) Extra Features $14,200 020092 Out Buildings $0 s2o5 Land $190,900 Buildings $204,600 li o2oDa3 Total Appraised $409,700 f > Assessed Value(FY 2011) 020093002 — ------------ �. 02a Extra Features $14,200 020082 020093001 � r„* ...... �p3D Out Buildings $0 Land $190,900 Buildings $204,600 aJ Total Assessed $409,700 i. MAP DISCLAIMER {Set Scale 1"= 118 __ � I April 2005 I � Copydght 2005-2010 Town of Barnstable,MA All rights reserved.Send questions or comments to GIS BarnstableMA V1.2.4015[Production] http://66.203.95.236/arcims/appgeoapp/map.aspx?propertyID=020088&mapparback= 2/25/2011 l Map Page 1 of 1 Town of Barnstable Geographic Information System New Search Home I Help Parcel Viewer Custom Map Abutters Map Size ■■ Zoom Outlivill 1 1 1 In vc- tp a.7PG Map: 020 Parcel: 088 Full . .. Property Location: 161 SCHOOL STREET - Info s a: r 020070 020071 a.15,, ;;_ Owner: TAYLOR,PETER B 020009 '' p 174 j a 186 rCA .+ —'- a 102 � 0T0042 � �"-�13,4 �• }�• g15o c Location Information Map&Parcel 020088 Location 161 SCHOOL STREET . Acreage 0.37 acres 1 , 'ar- ZM +�f� Current owner y' 020o8s D20D72 Mailing Address TAYLOR,PETER B s os0739 q to t a 128 161 SCHOOL ST COTUIT,MA 02635 w` ^ o2oosa x: , 020O80 p 151 0g20488 "5 . o2ooel o2aoeaAppraised Value(FY 2011) a.183 { JJJ a145 Extra Features $14,200 020002 v Out Buildings $0 a205 Land $190,900 Buildings $204,600 v D2ooe� Total Appraised . $409,700 Assessed Value(FY 2011) C Extra Features $14,200 ' ' q3D q 125�r Out Buildings $0 Land $190,900 Ott Buildings $204,600 ; Total Assessed $409,700 1 " Set Scale 1°= 118 I _April 2001 I MAP.DISCLAIMER Copyright 2005.2010 Town of Barnstable.MA All rights reserved.Send questions or comments to GIS BarnstableMA v1.2.4015[Production] http://66.203.95.236/arcims/appgeoapp/map.aspx?propertyID=020088&mapparback= 2/25/2011 Map Page 1 of 1 Town of Barnstable Geographic Information System New search Home Help Parcel Viewer Custom Map F Abutters Map Size ■■ Zoom Outillfli 1 ,1In (� ® rR wj +� r v ® 7PG Map: 020 Parcel: 088 Full Property Location: 161 SCHOOL STREET Info 020043 020070 a,15,. Owner: TAYLOR,PETER B 010071 s i a. 020089 a'174 020088' a 184 020038{q �— o29oa2 Location Information Map&Parcel 020088 1 Location 161 SCHOOL STREET r Acreage 0.37 acres , 6 s zF s 020999 oin9ss o20972 Mailing Address TAYLOR,PETER B� a n3 a 1e 1 ? a 1Y9 161 SCHOOL ST 1 9zo9s7 £ COTUIT,MA 0 ` I 02635 200 , '�`'',*: 020091 a191 I 929nea 5. FA praised Value(FY 2011) ��— Extra Features $14,200 929992 a ' Out Buildings $0 azo5 Land $190,900s Buildings $204,600 # 929993 Total Appraised $409,700 °1F �q 135 020093002 Assessed Value(FY 2011) : a29 r Extra Features $14,200 020093001 .. 020082 0.30 - a 125 Out Buildings $0 �, ' Land $190,900 kx Buildings $204,600 Total Assessed $409,700 Set Scale 1" = S18 _j I Apn11995 — _ I MAP DISCLAIMER Copyright 2005-2010 Town of Barnstable,MA All tights reserved.Send questions or comments to GIS a BarnstableMA v1.2.4015[Production) . 4 http://66.203.95.236/arcims/appgeoapp/map.aspx?propertyID=020088&mapparback= 2/25/2011 Map Page 1 of 1 Town of Barnstable Geographic Information System New search Home Help Parcel Viewer F Custom Map Abutters Map Size ■■ Zogom Out J 1 1§ B 1, In p: Full _JPG Ma 020 Parcel: 088 Property i Location: 161 SCHOOL STREET Info ' t 070070 - 020D71 815 S Owner: TAYLOR,PETER B 020009 q 174 020088 p 184 ��,� S 020038 - 1I� 020042 °+ p l6D o Location Information Map&Parcel 020088 Location 161 SCHOOL STREET Acreage 0.37 acres R Y r a,, 020089,.; 020088 020072 Mailing Address _TAYLOR,PETER B {`. a n3 a 181r q 149 161 SCHOOL ST ' - COTUIT,MA 02635 e,„.. 020087 020090 ��^ ati a 020088 y E o p 193 020084 �2009t Appraised Value(FY 2011) l ---��---�__ j,uA ta5 g� Extra Features $14,200 _ 0200e2 , „ '` i.� 'Out Buildings $0 a 2D5v Land $190,900 '' Buildings $204,600 z } DD35 Total Appraised $409,700 002 Assessed Yalue(FY 20111 4y M28 ' 010082 Extra Features $14,200 k"Z 020093001 'y. q30 a'125 Out Buildings $0 , Land $190,900 Buildings $204,600 4 Total Assessed $409,700 `4 Set Scale 1"= 118 I May 1976 1 I MAP DISCLAIMER Copyright 2005-2010 Town of Barnstable,MA All rights reserved.Send questions or comments to GIS BarnstableMA v1.2,4015[Production] http://66.203.95.236/arcims/appgeoapp/map.aspx?propertyID=020088&mapparback= 2/25/2011 Map Page 1 of 1 Town of Barnstable Geographic Information System New Search Home I Help Parcel Viewer F Custom Map IF Abutters Map Size- ■■ ZOOM Out In Full _. 3PG Map: 020 Parcel: 088 Property P rtY Location: 161 SCHOOL STREET Info 020043 -4+ o2o070 020071 N�15 ?. Owner: TAYLOR,PETER B '" 020089 N174 1)M 07. 020088 N184 020038 — N 192 020D42 N 114 .. N150 - p' Location InfOrrlldtiOn Map&Parcel 020088 . m Location 161 SCHOOL STREET 3, Acreage- - 0.37 acres f Current Owner ;4'`'�' 020088 02D072 Mailing Address TAYLOR,PETERS r y, 020089 N 181 p t2g 161 SCHOOL ST ' N173 Dwos7 COTUIT,MA 02635 020090 N 151 DN1418 —....---___—_-'— 020091 N191 020084 rAppraised Value(FY 2011) N193 N145 Extra Features $14,200 020392 Out Buildings $0 1 ' N205 Land $190,900 Buildings $204,600 �. R0083 - Total Appraised $409,700 " N135, `` Assessed Value(FY 2011) 020093002 N28 Extra Features $14,200 D20000t 30 DpDDe2 Out Buildings $0 #3 Land $190,900 s Buildings $204,600 Total Assessed $409,700 Set Scale 1°= 118 I May 1968 I. MAP DISCLAIMER Copyright 2005-2010 Town of Barnstable,MA All rights reserved.Send questions or comments to GIS BarnstableMA v1.2.4015[Production] r http://66.203.95.236/arcims/appgeoapp/map.aspx?propertyID=020088&mapparback= 2/25/2011 i s ZISSO N AND VEARA AT TORN E . i. T�a6E BF� �� RICHARD=L. ZISSON 2 865 PROVIDENCE HIGHWAY EDWARD E. VEARA 3 DEDHAM, MASSACHUSETTS 02026-6825 E. JAMES VEARA TEL (781) 329-1 110 - PAUL V. BENATTI FAX (781) 329-51 19 SARAH A. TURANO-FLORES - - !` BENJAMIN E.ZEHNDER '_,�.. � � - 828-MAIN"STREET-BOX 2031 LISA M. WESTERVELT* OLD KINGS"HIGHWAY' MICHAEL I.:FLORES . . - MARY E. PYLES** DENNIS, MASSACHUSETTS 02638-0043 CHRISTOPHER A. VEARA - TEL (508) 385-6031 - ANNE E. BATCHELDER - - FAX (508) 385-6914 ALISHA S. TOMASINO - - - - - *ALSO"ADMITTED"IN NEW YORK w� **ALSO ADMITTED IN ARIZONA Apri16, 2004 Zoning Board of Appeals 230 South Street Hyannis, Massachusetts 02601 a Re: Peter B. Taylor v. Zoning Board of Appeals of Barnstable et al. Barnstable Superior Court BACV98-00722 Appeals Court 2002-P-0265 Supreme Judicial Court FAR-14041. Dear Ladies arid Gentlemen: With respect to Mr. and Mrs. Carey's application for further appellate review, Supreme Judicial Court, Docket Number FAR-14041, I have sent to you with this letter a copy of the following documents: 1. Opposition to the Application for Further Appellate Review; 2. Peter B. Taylor's Certificate of Service; 3. transmittal letter addressed to Susan Mellen; and 4. transmittal letter addressed to Ashley Brown Ahearn. If you have any questions about these items you should consult Town q , y Counsel. Cordially, Paul V. Benatti PVB/ja Enclosures cc: Michael D. Ford, Esquire Peter B. Taylor F COMMONWEALTH OF. MASSACHUSETTS SUPREME JUDICIAL COURT Barnstable, ss . Sitting, 2004 DocketrNumber FAR-14041 PETER B. TAYLOR, Plaintiff`,- Appellant, Respondent V. EMMETT GLYNN, ,RON JANSSON, GORE BURMAN, RICHARD BOY, GAIL NIGHTINGALE,, ELIZABETH NILSSON, THOMAS DeREIMER, and DAVID RICE, as the ZONING BOARD OF APPEALS OF THE TOWN OF BARNSTABLE, Defendants, Appellants --� o and -o Cb 7 PAUL J. CAREY and JANE CAREY, Defendants, Appellees, Applicants . w Cn r tv OPPOSITION TO THE APPLICATION FOR FURTHER APPELLATE REVIEW Edward E. Veara BBO 4508500 . Paul V. Benatti BBO ##036940 Zisson & Veara 828 Main Street P. O. Box 2031 Dennis Massachusetts 02638-0043 r. (508) 385:-603.1,. STATEMENT OF THE CASE On November 2 , 1998, the Zoning Board. of Appeals of the Town of. Barnstable granted ' a variance to .Paul ~J. Carey-and Jane Carey.' Appendix, page 158 (App. 158) . Peter B. Taylor, an immediate abutter of the vacant, undersized lot Mrs . Carey had been given by her mother, sought judicial review in the, Barnstable Superior Court . App. 156-158 The- Superior Court (Connon, ,.J. ) after concluding that Mr. Taylor lacked standing, dismissed the case . App. 164 . The Appeals' Court, however,:; held that Mr. .Taylor was an aggrieved party and that Mr. and Mrs . Carey' s lot simply did not evince the physical attributes indispensable for a 'zoning :variance.. Mass . Gen. Laws ch. 40A, §10, amended by St . 1984 , c . 195 . Mr. and Mrs . Carey did not request a rehearing: ' In their application for additional review, Mr. and Mrs . Carey do not suggest that their undistinguished, half-sized lot qualifies for a variance but, instead, insist Mr. Taylor cannot be allowed to complain. PUBLIC INTEREST n Mr. and Mrs . Carey do not argue that their variance possesses' or affects any public interest,. On the contrary, they argue that -the Appeals CourttIs opinion will distort concepts of standing and will warp the criteria for appellate review. . Although 'Mr;. Taylor ,will defend the soundness of that opinion, he submits that; even had the Appeals Court engaged in addled logic, this would not wreak the pernicious consequences predicted. The Appeals Court decided Mr. and Mrs . Carey appeal on March 10, 2004., and its abbreviated explanation_ was presented in its "Memorandum . and Order Pursuant to Rule 1 :28 . " An opinion- issued under the Appeals .Court' s summary disposition rule, however, has no precedential value . Purvis v. Commissioner of Correction, 29 Mass . App. Ct . 190, 192 n. 5, 558 N.E . 2d 1001; 1003 n.5 (1990) . For the very reason ,that the decision was unpublished, Edison' s argument is without merit . We have never suggested that summary decisions of this court issued pursuant to rule 1 :28 , as amended, . 10 Mass .App. Ct . 942` (1980) , may be relied upon or cited as authority in other cases . In fact, we reached the opposite conclusion in at least two :other cases . See Lyons v. Labor Relations Commn. , 19 Mass .App.Ct . 562 , 566 n. 7 (1985) , S . C. 397 Mass . 498 (1986) ; Wolbach v. Beckett, 20 Mass :App. Ct . 302 , 306 n. 5 (1980) . Horner v. Boston Edison Company, 45 Mass App. Ct . 139 140, 695 N.E. 2d .1093 , 1094 (1998) . Because. the only public interest issue- espoused. by Mr. and. Mrs . Carey- is the elimination of error from 2 . standing precedent.,," their argument is neither well conceived nor compelling. INTERESTS OF. JUSTICE Whether a -plaintiff is a "party aggrieved, " Mass . Gen. Laws ch. 40A, §17, amended by St . 2002 , c . 3i93 , .§21 often turns upon the particulars of the plaintiff' s situation, .an'd there is a great deal Mr. and Mrs . Carey failed to mention.. When Mr. - Taylor purchased his home., his real estate agent told .him - correctly, the Appeals Court has now held - that the vacant lot next to it was .not a. building lot . Transcript, pages 104, 1.08 . In • reliance .upon the "unbuildable" character. of the abutting lot, Mr`. Taylor undertook, as .he testified, extensive renovations: A. The . home was . severely. distressed when I purchased it : and it was gutted and .redone,- and there was on the back of the property facing south- and east. was a workshop that was rotten and compromised. That was - removed.. And a large cathedral living, , dining 'and. kitchen area was constructed, three levels . Q.- And in relation to the Carey property, where is this' construction? 3 A. It is approximately - one corner is approximately fifteen feet away from the property line with the Carey' s and there is, in this particular room itself, 28 . linear feet of windows faces directly east onto the Carey property and there is about 30 linear feet of windows that face south_ onto the back of my yard and entangled into the 'woods where there- is the Carey property also [emphasis added] . Trans . 102-103.. : Mr. Taylor supplemented this statement thus: A. We pretty much live there .. The kitchen, dining room, the family room is there . That' s pretty much were we spend most of our time . Trans 103 . Mr. Taylor's testimony was not contradicted, and his expert' s testimony, except for the conclusion, was also uncontested. ` Mr. and Mrs . Carey have tried to amplify the strength of their own expert' s- testimony, but it is not easily magnified. . - During his cross-examination; for example, Paul O'Leary responded as follows : Q. Are, there intangibles that would affect value, for example, on the Taylor home, such as views? A. Yes . Q. These would affect value, wouldn' t it? 4 A. Sure . They affect value . Views affect the value, of all property. Q. Privacy? A. Privacy is a value . It' s ^an amenity that' s- a real part of residential real estate . Trans. 73 • With respect. to the last amenity, Mr. O' Leary did agree that Mr. and Mrs . Carey' s undeveloped .lot afforded Mr. Taylor "Privacy. Additional degree of privacy:" Trans .,, 75 . There was also this exchange: Q. And I think you'have 'indicated - that one of .the conditions or one amenity 'of privacy would impact value? A. Yes, that' s true . Trans . 76 . During his testimony, Mr. O' Leary acknowledged that Mr. Taylor had added hiving space to the back of his home and that it was angled toward "this vacant or wooded lot . " Trans . 75 . He conceded also that ._the Board' s variance did not place restrictions on the structure it.. enabled the. owners to build. Trans . 77 . Finally, although he opined that the development of Mr. and Mrs . Carey' s lot would . not harm Mr. Taylor, Mr: O' Leary admitted that this result was not assured. Q.. Can I say with absolute certainty that, no matter what is built on that property,- it wouldn' t have an. adverse effect , 6 5 upon the Taylor. property, I can' t . . . . Trans . 70 . When a neighbor fusses that,-an uncrowded vista will be. besmirched and his or. her isolation lessened, the objection can be derided for being 'the irritation of - overly fine . aesthetic ` sensibilities and not at all the , aggrievedness accepted as capabl.e ,of bestowing standing; however,. Mr. Taylor' s- .situation is much different . His home was redesigned and rebuilt in reliance upon the land. next door not being a building lot, and his house lies only a few feet from the lot- line . The seclusion, ,peace, and desirability of his yard will be completely lost to construction on the small, vegetated, adjacent lot and the quality of his family' s day-to-day home life will vaporize . Although such impacts are hard, to express or quantify, they constitute harsher effects than the loss of a few neighborhood 'parking spaces, Marashlian v.. Zoninq Board of Appeals of Newhur_vport, 421 Mass . 71.91_ 660 N.E. 2d 369 (1996) ("minimal increase in traffic and a decrease in the number of currently -'available public parking spaces" ) , 'or the proximity (300 feet) of or the recurrent shadow from a church steeple., Martin v. The Corpora Lion of the Presiding Bishop , of the Church of Jesus Christ of . Latter-Day Saints, 434 Mass. 141, 747 6 t N.E. 2d 131 (2001) Furthermore, Mr. Taylor' s circumstances lie well within established precedent dealing directly with the destruction of views and the loss of privacy. Bertrand v. Board of Appeals of Bourne, 58 Mass . App Ct . 912 , 790 N.E. 2d 704, 705 (2003) ; Tsagronis v. Board of Appeals of ,Wareham, 33 Mass App.. Ct . 55, 58-59, 596 N.E. 2d 369, 371-372 (1992) ; rev'd on other grounds,. 415 'Mass . 329, 613 N.E. 2d ;, 893 (1993) ; DiCicco v. Berwick, 27 Mass . App. Ct . - 312, 315, 537 N.E. 2d 1267, 1269 (1989) Butts v. Zoning Board of Appeals of Falmouth, 18 . Mass . App. Ct . 249, . 253 ,." 464 N.E. 2d 108 , 111-112 (1984) . See alsoPetrucci v. _Board of Appeals of Westwood, 456Mass . App. Ct . 818, 826, 702 ' N.E . 2d 47, 53 (1998) (".legitimate concerns served by the setback and height requirements in the: by-law - safety, aesthetics and privacy, - would all. be negatively . affected" ) . Mr. Taylor., : too, called an appraiser to testify as an expert, but one element. of Michael Sutton' s testimony generated - or was used to generate - confusion. As part of his analysis, Mr.. Sutton considered property in the Mariner Street subdivision. Some' of those residential lots "abutted a 7conservation area, " Trans . 85, but most did not . A comparison of lot prices showed the.. extra 7. e� value gained by lots abutting an undeveloped area and enjoying undisturbed scenery. - He testified: And I found in my- research that the properties that were on the conservation did sell for more, and they ranged anywhere from 41 - I had three sales 41 per cent to 12 and 13 per cent, and I selected a view amenity of 25-30, per cent as a> difference .' Trans, 86 . During his cross-examination,: Mr. Sutton readily admitted that the Mariner Street lots are - not similar to Mr. Taylor' s lot, Trans . 98, and, therefore, do not serve as comparable lots useful in - estimating the fair market value of Mr. Taylor' s home . This was not the purpose for which they were cited. . Nevertheless, during the same cross-examination, Mr.` Sutton .did place a $315, 000 . 00 value on Mr. Taylor.' s home .. Trans . 99 . A 25% to 30% reduction decreases i.ts value by $78, 750 .-'00 $94 , 500 . 00 . In his appeal, Mr. Taylor did. not* contradict "the . factual findings of the Superior Court . Its decision, although complete with a narration of the general circumstances -of the case, App.. 157-158, did" not -state any subsidiary facts about standing; rather, the Court concluded that Mr. Taylor' s concerns lacked "specific factual substance" and were"unsubstantiated opinions . App. 158 . 8 When the record :appendix shows thatevidence is unrebutted in an -equitable proceeding, the Appeals Court can review the evidence to assay they- trial court's ultimate conclusions . `` , It is. axiomatic that an appellate court accepts the subsidiary findings of , fact . of a trial judge unless they are clearly, erroneous . Mass .R..Civ. P. .52 (a) , .365: Mass . 81.6 (1974). . ' To what ultimate legal determination those subsidiary facts add up, however, is a question.. of law. Simon v. Weymouth Agric . & Indus . -Soc . , 389 Mass 146, 148 149 (1983) Matter . of R. H. , .35 Mass .App. Ct,: at 486 . . When = the findings do no't justify the ultimate conclusion, an, appellate court may examine the record to see if there are elements of uncontested evidence that would assist resolution of the question to be decided. See Bruno ' V. Bruno, -384. Mass 31; " 35-36 (1981) . In . the Matter "of Jane A.:, 36 Mass . App., Ct 236, 239-240, 629, N.E. 2d 1337, 1340 (1994) On the other hand, to ensure' that the ultimate findings and. conclusions are consistent with the: law, - we scrutinize without deference- the legal standard which 'the judge` ` applied to the facts . Marlow v. New ,' ... Bedford, 369 Mass. 501, 508 (1976) . Secretary of. Envtl Affairs v. Massachusetts Port Auth.,, -supra. at ,". 773 Thus,, the. "clearly erroneou's standard of <appellate review does not protect findings.` of fact` x or conclusions based on incorrect legal standards . Kendall v. Sel vaggio 9 413 Mass . -619 621, 602 N.E. 2d 2061 208 (1992) . Except to discount the finding that construction "will not effect Taylor differently than it will affect other properties. in the . area, " App. 158-159, the Appeals -Court' s review and analysis did 'not venture beyond these long established principles . Walker _v. Board of Appeals . of Harwich, 388 Mass . 42 , 45, 445 N.E.2d 141, 143-144 (1983) ; Zelman v. Killion, -337 Mass.. 666, 669, 151IIN.E. 2d 486, 488 (1958) Schoolman v.- Wales Manufacturing Company, 331 Mass 211, 215., 118_ N.E. 2d 71; . 74 (1954) . CONCLUSION Peter B. Taylor, originally the plaintiff, respectfully submits that this case does not present an issue of public interest .and does not need further review to subserve the interests of justice . The Appeals Court did, indeed, reach the proper result . By his attornevs;' EDWARD E. VEARA, ,Esquire PAUL V. BENATTI, ESQUIRE. . BBO ##508500 BBO ##036940 Zisson & Veara 828 Main Street 4 . P. 0. Box 2031, Dennis Massachusetts 02638-0043 (508) 385-6031 . 10 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPREME JUDICIAL COURT DOCKET NUMBER FAR-14041 PETER B.TAYLOR; * j Plaintiff,Appellant, Respondent V. * EMMETT GLYNN, RON JANSSON, GORE BURMAN, RICHARD BOY, GAIL NIGHTINGALE, ELIZABETH NILSSON, THOMAS DEREIMER, AND * PETER-B. TAYLOR'S DAVID RICE,AS THE ZONING * CERTIFICATE OF BOARD OF APPEALS OF THE - * SERVICE TOWN OF BARNSTABLE, * _ Defendants, Appellees and PAUL J. CAREY and JANE CAREY, Defendants, Appellees, Applicants I, Paul V. Benatti of the law firm of Zisson&Veara, hereby certify that I have notified Michael D. Ford, Esquire, attorney for Paul J. Carey and Jane Carey, and the pro se Zoning Board of Appeals of the Town of Barnstable of the OPPOSITION TO THE APPLICATION FOR FURTHER APPELLATE REVIEW and PETER--B. TAYLOR'S CERTIFICATE OF SERVICE bymailing,postage prepaid,copies to each of them at their respective addresses:P.0. Box 665, West Harwich, Massachusetts 02671 and 230 South Street, Hyannis, Massachusetts 02601. Dated at Dennis, Massachusetts this sixth day of April 2004. PAUL V. BENATTI Zisson&Veara 828 Main Street Post Office Box 2031 Dennis, MA 02638-0043 Tel. (508) 385-6031 FAX (508) 385-6914 BBO #.036940. ) ZISSON AND VEARA ATTORNEYS AT LAW RICHARD L. ZISSON 865 PROVIDENCE HIGHWAY EDWARD E. VEARA DEDHAM, MASSACHUSETTS 02026-6825 E. JAMES VEARA TEL.(781) 329-1110 PAUL V. BENATTI FAX (781) 329-5119 SARAN A. TURANO-FLORES '- - BENJAMIN E. ZEHNDER - 828 MAIN STREET-BOX 2031 LISA M. WESTERVELT" MICHAEL I.. FLORES OLD^KINGS HIGHWAY MARY E. PYLES* - - DENNIS, MASSACHUSETTS 0 2 6 38-004 3 CHRISTOPHER A. VEARA - TEL (508) 385-6031 ANNE E. BATCHELDER - FAX (508) 385-6914 - ALISHA S. TOMASINO "ALSO ADMITTED IN NEW YORK ALSO ADMITTED IN ARIZONA - April 6, 2004' Susan Mellen,:Clerk e Supreme Judicial Court Third Floor 1 Beacon Street Boston, Massachusetts 02108-3106 ' Re: Peter B. Taylor v. Zoning Board of Appeals of Barnstable et al. Barnstable Superior Court BACV98-00722 Appeals Court 2002-P-0265 Supreme Judicial Court FAR-14041. Dear Ms. Mellen: With respect to Mr. and Mrs. Carey's application for further.appellate review, Supreme Judicial Court, Docket Number'FAR-14041, I have sent to you with,this letter the original and seventeen (17) copies of the "Opposition to the Application for Further Appellate Review" and , the original and seventeen(17).copies of"Peter B. Taylor's Certificate of Service:" I have also sent a copy of each document to the Appeals Court. If you have any questions about this matter, pleasefeel free to contact me at the Dennis office of Zisson&Veara. Cordially; Paul V. Benatti •PVB/ja Enclosures cc: Michael D. Ford, Esquire Barnstable Zoning Board of Appeals Peter B. Taylor ZISSON AND VEARA ATTORNEYS AT LAW RICHARD L. ZISSON 865 PROVIDENCE HIGHWAY EDWARD E. VEARA _ DEDHAM, MASSACHUSETTS 02026-6825 E. JAMES VEARA TEL (781) 329-1110 PAUL V. BENATTI FAX (781) 329-5119 SARAH A. TURANO-FLORES BENJAMIN E. ZEHNDER - - 828 MAIN STREET-BOX 2031 LISA M. WESTERVELT* MICHAEL I. FLORES OLD KINGS HIGHWAY MARY E. PYLES** DENNIS, MASSACHUSETTS 0 2 6 3 8-004 3 CHRISTOPHER A. VEARA TEL.(508)--385-6031 ANNE E. BATCHELDER - FAX (508) 385-6914. ALISHA S. TOMASINO - - ALSO ADMITTED IN NEW YORK **ALSO ADMITTED IN-ARIZONA - April 6, 2004 Ashley Brown Ahearn, Clerk Appeals Court Seventh Floor 3 Center Plaza Boston, Massachusetts 02108 Re: Peter B. Taylor v. Zoning Board of Appeals of Barnstable et al. Barnstable Superior Court BACV98-00722 Appeals Court 2002-P-0265 Supreme Judicial Court FAR-14041. Dear Ms. Ahearn: With respect to Mr. and Mrs. Carey's application for further appellate review of Appeals Court, Docket Number A. C. 2002-P-0265, I have sent to you with this letter a copy of both the "Opposition to the Application for Further Appellate Review" and "Peter B. Taylor's Certificate of Service." If you have.any questions about this matter, please feel free to contact me at the Dennis office of Zisson & Veara. Cordially, Paul V. Benatti PVB/Ja Enclosures cc: Michael D. Ford, Esquire Barnstable Zoning Board of Appeals Peter B. Taylor ZISSON AND VEARA ATTORNEYS AT LAW RICHARD L. ZISSON _ 865 PROVIDENCE HIGHWAY EDWARD E. VEARA DEDHAM, MASSACHUSETTS 02026-6825 E. JAMES VEARA - TEL (781) 329-1110 - PAUL V. BENATTI - FAX (781) 329-5119 SARAH A. TURANO-FLORES - BENJAMIN E. ZEHNDER LISA M. WESTERVELT* - 828 MAIN STREET-BOX 2031 ' - - - MICHAEL I. FLORES_ OLD KINGS HIGHWAY MARY E. PYLES** DENNIS, MASSACHUSETTS 026-38-0043 CHRISTOPHER A. VEARA TEL (508) 385-6031 ANNE E. BATCHELDER FAX (508) 385-6914 ALISHA S. TOMASINO ALSO ADMITTED IN NEW YORK - **ALSO ADMITTED IN ARIZONA April 6, 2004 Michael D. Ford, Esquire 72 Main Street P. O. Box 665 West Harwich, Massachusetts 02671 Re: Peter B. Taylor v. Zoning Board of Appeals of Barnstable et al. Barnstable Superior Court BACV98-00722 Appeals Court 2002-P-0265 Supreme Judicial Court FAR-14041. Dear Mr. Ford: With respect to Mr. and Mrs. Carey's application for further appellate review, Supreme Judicial Court, Docket Number FAR-14041, I have sent to you with this letter a copy of the- following documents:. 1. Opposition to the Application for Further Appellate Review; 2. Peter B. Taylor's Certificate of Service; 3. transmittal letter addressed to Susan Mellen; and 4. transmittal letter addressed to Ashley Brown Ahearn. If you have any questions about these items,please feel free to contact this office. Cordially, . et- Paul V. Benatti PVB/ja Enclosures cc: Barnstable Zoning Board of Appeals ,Peter B. Tavlor Town of Barnstable Legal Department - Town Attorneys' Office t 367 Main Street, Hyannis MA 02601-3907 Inter-Office Memorandum y N iJo Robert D.Smith,Town Attorney Office: 508- -4620 > 70 Ruth J.Weil, 1st Assistant Town Attorney Fax: 508-862-47241 `1 Claire Griffen,Paralegal/Legal Assistant ' T.David Houghton,Assistant Town Attorney _ co Claudette Bookbinder, Legal Clerk rn To: Barnstable Zoning Board of Appeals Thomas Broadrick, Director, Planning. Hi ric Preservatio " From: Ruth Weil;, Assistant Town Attorney t Date: March 20, 2004 .t 4, Subject: Decision of Appeals Court in Taylor v. Zoning Board of Appeals Legal Ref. # 98-0138 ----------------------- Attached please find the Appeals Court decision in the'above-entitled action issued under Rule 1:28. You will recall that a number of•years,ago the Board granted a variance for an undersized lot and the abutter appealed. The Superior Court,after trial, ruled that the abutter did not have standing to appeal. The abutter then appealed to the Appeals Court. You will note that-the Appeals Court ruled that the abutter did have standing. The Court then annulled the Board's decision, holding that conditions to grant a variance had not been established under G.L. c. 40A, s. 10. The case underscores the difficulty in establishing variance,conditions for lots, which do not meet current dimensional requirements. , Please feel to contact us with any questions. Commonwealth of Massachusetts Appeals' Court for the Commonwealth . At Boston, In the case no. 03-P-265 PETER ID'. TAYLOR VS. ZONING BOARD OF APPEALS OF BARNSTABLE & others. Pending in the Superior Court for the County of Barnstable Ordered, that the following entry be made in the docket : The judgment is reversed, and a new judgment shall be entered that annuls the decision of the zoning board of appeals granting the variance as in excess of its authority. By",:the Court, r Clerk NOTE' Date Marc 10, 2004 . The original of the within rescript will issue in due course,pursuant to M.R.A.P.23 APPEALS COURT COMMONWEALTH OF MASSACHUSETTS APPEALS COURT 03-P-265 PETER B. TAYLOR ; •vs r - . ZONING BOARD OF APPEALS OF' BARNSTABLE` .& ^others . MEMORANDUM AND ORDER PURSUANT TO RULE 1 :28 The,.case .arises from a .dispute over the granting of- .a . variance to Paul and Jane Carey,: owners of a 24,400 square foot. parcel with 131 feet of frontage -at 151 School Street, Barnstable (Carey parcel). . The Carey.parcel is located" in° an RF Residential F Zoning District, which has .a minimum lot size requirement of . one acre and a minimum frontage requirement of 150 feet . On September 2, 19981 the Careys filed an` .application with the Barnstable zoning board -of ':appeals. seeking :a variance from the minimum lot size and frontage requirements . - The board unanimously granted the request . The Carey parcel was originally owned-by Jane;;Carey' s mother, Marcella Gross Gross owned both the Carey parcel and the adjacent parcel . When the lots were created- in the1960s, the Carey lot was in an. RD-2 zoning district requiring .a minimum lot size of 20, 00.0 square feet ,and ,a minimum frontage I` of 125 feet A single-family home had been constructed on the adjacent parcel by 1971 . In 1972 the property was rezoned to an RF \% Paul J. Carey and Jane Carey. - District with the current acerage .and frontage requirements . In. 1982, Gross applied for and was granted a variance for the Carey parcel, which reinstated the lot .as buildable. - Gross; however; failed to record this variance within the applicable time period, and the variance lapsed. Peter Taylor resides- at. 161 School Street, the property that abuts the Carey parcel . When the. Careys applied for a new variance for a buildable lot; Taylor objected, claiming construction of a single-family home on the property would ruin his views and decrease the value of his property. After the board' s adverse decision, he appealed pursuant to G. L. c. 40A, 17'. The Careys filed an answer_, asserting, among other . defense s, . Taylor' s lack of standing V After trial, the judge concluded. that Taylor did not offer :"sufficient credible evidence to .show that his private rights, private property interest or private legal interests are materially affected by the variance. " (A. 162) Having decided the case on that basis, the judge did not address whether the variance was properly granted. See G. L. c. 40A, 5 10 . We conclude that Taylor had standing to bring the action and I We need not review Taylor' s o y motin for summary judgment and its denial. See Deerskin Trading Post Inc. v. Spencer Press, Inc. , 398 Mass 118, 126 (1986) ("The merits of a claim . are better tested on appeal on the record as it exists after an : evidentiary trial than on the - record 'inexistence at the time the motion -for summary judgment was denied" ) . 2 Jg■ - that the statutory. criteria�for granting a variance were not met . The matter .is, .quite similar �to:'th.e case of .Bertrand v. Board of Appeals ,of Bourne, ,;5.8 Mass . 'Appc: Ct ;912 j2003) ..(abutters' ;objections regarding .,increased -.noise-, _'increased art-ifi'cial light, decreased backyard privacy, -and; environmental 4` implications of construction conferred standing.).,.. In the, case before us, Taylor alleged that . the._const.ruction of a single-family home on. the Carey parcel. would decrease the values of his property (A : 19) and. destroy his existing views. and sense of spaciousness.. (A. 158) Taylor presented an expert appraiser,_ Michael Sutton; who testified that because Taylor' s home is turned toward the parcel, with its kitchen .and living room windows facing- the parcel, that the . construction of a home on the' now vacant land would diminish the. value of .Taylor's .,property. (Tr;:: 91-92) This evidence. established Taylor 's standing to bring suit . - See Tsagronis v. - Board of Appeals of Ware.ham, ' 415 Mass. 3291 330 n.'4 (1993); (abutters testimony- that, view would beobstructed and property - value diminished confers standing)- Bertrand.v. .Board .of Appeals of Bourne, supra at: 912 . Further, here, as in Bertrand, supra,` there "was no.. lawful justification for the grant, of - the variance . : A variance. cannot ..be granted:,''unless `'the' owner` ' s hardship-relates.,to soil conditions, shape, or topography of . the' land. " Bertrand; supra at 912 . G. L. c. 40A, 1.0 .• The board justified the variance because of "the shape of [the] parcel and its failure to meet the minimum dimensional requirements . (A. 11) The board also reasoned that the Careys. would "suffer a. grave hardship, having paid taxes on the lot as buildable for 14 years in reliance upon the prior Variance. " (A. 11) However, these reasons do not justify the granting of the variance. The parcel is not of an unusual shape, nor do the dimensions of a lot meet the "shape of the land" requirement . See Bertrand v. Board of Appeals of Bourne, 58 Mass. App. Ct . at 912 . Additionally, hardship based on the owner' s failure to abide by the conditions of the 1982 variance does not constitute hardship for purposes of. granting. a variance. See Tsagronis v. Board of Appeals of Wareham,. 415 ' Mass. at 332 . The Superior Court judgment upholding the board' s decision granting the variance is reversed, and a new judgment shall be entered that annuls the board's decision granting the variance. as in excess of its authority. So ordered By. the Court, (Doerfer, Cohen Cl.e k Entered: March 10, 2004 . 4 CCji d)MONWEALTH. OF MASSA-MUSETTE APPEALS COURT CLERK'S OFFICE 3 CENTER-PLAZA, SEVENTH FLOOR BOSTON, MASSACHUSETTS 02108 (617) 725-8106 March 1,0', 2004 Robert D. Smith, Esquire Town of Barnstable Law Department 367 Main Street, New Town Hall ' Hyannis, MA 02601-3907 RE : No . 2003-P-0265 . PETER B. TAYLOR vs, BARNSTABLE, ZONING. BD. APPEALS & ; others NOTICE OF DOCKET ENTRY Please take note that on March 10, 2004 ,*• the following entry- was made on the- docket of the above-referenced case : Decision: Rule 1 :28 . (D07CO-MI) .. The judgment is reversed, and a new judgment shall be entered that annuls the decision of the zoning board of appeals, granting the variance as in `excess. o, its authority. *Notice . (See image on file . ) 3 . Very truly yours-; The.-Clerk' s Of f ice: . Dated: March 10, 2004 To: Edward E. Vear.a, Esquire Ruth J. Wei-1, Esquire Robert D. Smith, Esquire Michael D. Ford, Esquire Town of Barnstable Bd6NSPA m + .. . 63q."6 Assessing Division i ,0� 367 Main Street,Hyannis MA 02601 Office: 508 862-4022 Robert D. Whitty FAX: 508-775-3344 Director of Assessing October 9, 1998 As requested, I hereby certify the names and addresses as submitted on the attached sheets as required under Sec 11, Ch 40A of the Massachusetts General Laws. They appear on the most recent tax list with the mailing addresses supplied, excepting Parcel(s) 020/083 which needed current ownership and/or mailing address information. ?AZsistant c P. 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':,��, �� --•�� {,�, y � . ,: -�`' � � N ® I 1 �\"'r:�Y J�� ti �� �' o``��'� � _ � O``��� � � � ' � N A J O �� O�g� � .� , ����.. t T"E TOWN OF BARNSTABLE Permit# MASSACHUSETTS23 *" LE, Date:MA iOrEp Mp�ia SOLID FUEL STOVE PERMIT". Fee: �„�• oav oeg Owner: � -��A 1 J , l A Phone: Address: 6 I S Village: -C. 7`, 1` Approved by: ) Date: l p y,,,J- Cie Stove A. New sed 9 7 �+f� oP-12 B.Type/Radiant Circulating C. Manufacturer "ti e'Wt C'S- v, v Lab No. D. Model No. ��«� r/ Chimney A. New xisting/i yes, date of last cleaning �9 B. Flue Size 7 C. Are other appliances attached to flue? O D. Pre-Fab type and Manufacturer E. Masonry fined Sfaiwles�S Unlined S i Hearth , A. Materials t,G,A�- GIN � Af e,17~ 41 B. Sub Floor.construction Go,ve--I eye Installer �e et /4� /o.9- Address /6/ SGiI'o a l S Y. 74"'; �" /L1 a Z.6 3 S—" PhoneO Location of Installation 1/ `Polaroid Pfioto Necessary "This cons6lutes an official stove permit alter inspection and approval by Building Inspector f . o /rye