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HomeMy WebLinkAbout0181 SCHOOL STREET _.. �7 C���G -o �G �� _ . _ � � __ . . _ '� . � , ,� ,t �,,.:. �` �: r �' �.. i j, .. . , _t I r i -: rJ __ .. __ t ,� ., �� <. ,. uj S'ihP l�d�k �SSta 'D tNm21t t ;� to S:roce- celll a, a(bPZ 17 tq-55 DC—' oAA, A556�/L) apt 2-a 4, C© A c C�e see, co n L. -A c k .��-YVt,�� `��CS� ;nl� S- -4- ,4) vt ' i � P .314. { t 3 < �' ' ► Town of Barnstable Building PA� d 31 ` .'�,�(•+,.m +.. „f �y F .w,srr ^s .' i Ls^ '"rw'.r'3..,..`w. ost This Card So That it s Visible From the Street . Approved'Plans Must be Retained On Job and athis Card Must be,Kept ` ; 9AR➢3SfA8LE,. aro_ ..9+- .�.- MAffi8. C �''. ,�.�€' � r�c'S=._ �r f,,. ". "-a�#'.:,� .t x .qt�z� �,y-�-�; • ,Posted Until Finahlnspecton HasBeen,Made . r��,�� �„���� „a��,• ��� � � ;�� �� ��� , �,� � � r Wit. p Permit Where a Certificate Of Occupan y_is Required,such Building shall Not'be_Occupieduntil a Final Inspection has lTeen*,made Permit No. B-18-1858 Applicant Name: Stephen Kelly Approvals Date Issued: 07/09/2018 Current Use: Structure Permit Type: Building-Solar Panel-Residential Expiration Date: 01/09/2019 Foundation: Location: 181 SCHOOL STREET,COTUIT Map/Lot: 020-090 Zoning District: , RF Sheathing: v ?y Owner on Record: LIMONCELLI,SUSAN ( Contractor Name�,CRAIG M ORN Framing: 1 la, Contractor License : C5=080034 Address`. PO BOX 1383 2 COTUIT, MA 02635. �; Est Proj ct Cost: $ 13,576.00 Chimney: Description: Installation of an interconnected rooftop PV system-22(330w) Permit Fee: $ 119.24 Panels 7.26 KW DC Insulation: Fee Paid`.;' $ 119.24 . Project Review Req: Date - 7/9/2018 Final: .. .. Plumbing/Gas j Rough Plumbing: ,•., BuildingOfficial Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six'months after,issuance. All work authorized by this permit shall conform to the approved application:and the'approved construction documents'for which this permit has been granted. Rough Gas: All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by laws•and codes. This permit shall be displayed in a location clearly visible from access street or road_and shall be maintained open for public inspection for the entire duration of the Final Gas: E i work until the completion of the same. i e ' Electrical The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. Minimum of Five Call Inspections Required for All Construction Work: *,> s x Service: 1.Foundation or Footing 2.Sheathing Inspection _ .° �M. Rough: 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final: 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: 6.Insulation 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in'MGL c.142A). Fire Department Building plans are to be available on site All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT Final: ✓b � P ii i r h ;µ i 4 nk$ 4 y' NOT FOR PUBLIC VIEW Town of Barnstable �F1HE tp� Barnstable do , OFFICE OF TOWN ATTORNEY Al"meftaCft " BARNSTABLE, ` 367 Main Street 9� 1 ' �Fc�rA Hyannis MA 02601-3907 2007 RUTH J.WEIL,Town Attorney Tel.#: 508-862-4620 T. DAVID HOUGHTON, 1st Assistant Town Attorney Fax#: 508-862-4724 CHARLES S. McLAUGHLIN,Jr.,Assistant Town Attorney CLAIRE R.GRIFFEN, Paralegal/Legal Assistant PAMELA D. GORDON, Legal Clerk C7 .. C) Inter-office Memorandum ., . To: Elizabeth Jenkins, Principal Planner , { Tom Perry, Building Commissioner Jo Anne Miller Buntich, Director, Growth M agement From: Ruth J. Weil, Town Attorney X71 ry Date: October 31, 2012 Subject: Limoncelli v ZBA Our File Ref: 2008-0035 The Limoncelli appeal has been dismissed and the Superior Court Judgment of March 22, 2011 has been vacated. Enclosed please find the following documents in this matter. Thank you. 1. Appeals Court Joint Motion to Dismiss With Prejudice 2. Notice of Appeals Court Docket Entry: Appeal.Dismissed ` 3. Superior Court Joint Motion to,Vacate Judgment 4. Superior Court Joint Motion to Approve Substitute Form of Judgment' 4 5. ' Clerk's Notice: Joint Motion to Vacate Judgment Allowed 6. Clerk's Notice: Joint�Motion to Approve Substitute Form of Judgment Allowed 7. Superior Court Order Vacating Judgment RJW:pg Encl. 20080035 memo re dismissal.doc r j COMMONWEALTH OF MASSACHUSETTS APPEALS COURT Barnstable, ss: No. 2011-P-1966 ------------ -------------------------------------------- SUSAN LIMONCELLI, Plaintiff-Appellee; . V. TOWN OF BARNSTABLE ZONING BOARD JOINT MOTION TO DISMISS . OF APPEALS,AND ITS MEMBERS, GAIL ) WITH PREJUDICE NIGHTINGALE;RON S. JANSSON, ) DANIEL M. CREEDON III, JAMES R. ) HATFIELD, SHEILA GEILER, JOHN NORMAN,JEREMY GILMORE, KELLY KEVIN LYDON, and the TOWN OF BARNSTABLE, Defendants-Appellants: Pursuant to the provisions of Mass. R. A. P. 29 (b),the parties hereto hereby stipulate that the pending appeal may be dismissed with prejudice and without costs to either party. IN WITNESS WHEREOF,the Parties hereto have duly executed this Stipulation for Substitute Judgment on the day and.year set forth herein. Dated: der i y , 2012. SUSAN LIMONCELLI, Plaintiff-Appellee, By Her Attorney, JAomey H. WYMAN, S .N0. 535640 for Plainti -A pellee Park Place urt Street Plymouth, MA 02360-8716 508-746-0251; 508-747-5535 Fax hwVmanesggcomcast.net C [2008-0035\aplsct\stip-for-substitute jdgmt-aplsct-limoncelli-092112] I TOWN OF BARNSTABLE,ZONING BOARD OF APPEALS, et al, Defendants-Appellants, By their Attorneys, P H J. WEIL, To orney .0. No. 519285 weil town.bamstable.ma.us . AVID HOUGHTON, First Asst. Town'Attomey [B.B.O.No. 241160] david.houghton@town.bamstable.ma.us CHARLES S. McLAUGHLIN, JR., Assistant Town Attorney [B.B.O. No. 336880] charles.mclaughlin@town.bamstable.ma.us TOWN OF BARNSTABLE 367 Main Street,New Town Hall Hyannis, Ma. 02601-3907 508-862-4620; 508-862-4724 Fax [2008-0035\apisct\stip-for-substitute jdgmt-aplsct-limoncelli-092112] COMMONWEALTH-OF MASSACHUSETTS APPEALS COURT CLERK'S OFFICE October 15, 2012 RE: No. 2011-P-1966 ' Lower Ct. No.: BACV2008-00105 SUSAN LIMONCELLI vs.,TOWN OF BARNSTABLE ZONING BOARD OF APPEALS & another NOTICE OF DOCKET ENTRY Please take note that, with respect to the Joint motion to dismiss with prejudice, filed by Susan Limoncelli, Town of Barnstable Zoning Board of Appeals, & Town of Barnstable (Paper #22),on October 12, 2012, the ` following order was entered on the docket: RE#22: The stipulation is approved and the appeal is dismissed with prejudice and without a-court award of fees or costs pursuant to MRAP 29(b). *Notice/Attest. } COMMONWEALTH OF MASSACHUSETTS - Barnstable, ss: SUPERIOR COURT C.A. No. BACV 2008-00105 .. --------------------------------------------- ------ ` SUSAN LIMONCELLI, Plaintiff, V. TOWN OF BARNSTABLE ZONING BOARD OF APPEALS,AND ITS JOINT MOTION TO VACATE MEMBERS, GAIL NIGHTINGALE,RON S. JUDGMENT t JANSSON, DANIEL M. CREEDON III; ) JAMES R. HATFIELD, SHEILA GEILER, ) JOHN NORMAN, JEREMY GILMORE, KELLY KEVIN LYDON, and the TOWN OF ) BARNSTABLE, Defendants. ) The above parties, by and through their attorneys, move that the Judgment entered in Barnstable County Superior Court, bearing Docket number BACV 2008-00105 on March 22, 2011,be vacated. _ In support of this motion,the Parties respectfully invite the Court's attention to their Joint Motion to Approve a Substitute Form of Judgment Agreed to by the Parties, filed herewith. The Parties.urge-that the suggested form of judgment contained in this latter motion, if approved by the Court,comports with the spirit and intent of the Court's original decision and allows the parties to reach agreement, closure, and an end to litigation in the interests of justice. Dated: September 2012. SUSAN LIMONCELLI, Plaintiff, By Her ttorney, J H. WYMAN, ESQ. [B.B.O.N0. 535640] Attorney for Plaintiff-Appellee South Park Place 97 Court Street Plymouth, MA 02360-8716 508-746-0251; 508-747-5535 Fax jhMManesq@comcast.net TOWN OF BARNSTABLE,ZONING BOARD OF APPEALS, et al, Defendants, By their Attorneys, H J. WEIL, own Attorney [B.B.O.No. 51 85] , ruth.weil town.bamstable.ma.us T. DAVID HOUGHTON, First Asst. Town Attorney [B.B.O.No. 241160] david.houghton@town.bamstable.ma.us CHARLES S. McLAUGHLIN, JR., Assistant Town Attorney [B.B.O.No. 336880] charles.mclaughlin@town.bamstable.ma.us TOWN OF BARNSTABLE 367 Main Street,New Town Hall Hyannis,Ma. 02601-3907 508-862-4620; 508-862-4724 Fax COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: SUPERIOR COURT C.A. No. BACV 2008-00105 SUSAN LIMONCELLI, Plaintiff, V. . TOWN OF BARNSTABLE ZONING BOARD OF APPEALS, AND ITS MEMBERS, GAIL ) JOINT MOTION TO APPROVE NIGHTINGALE,-RON S.7ANSSON, A.SUBSTITUTE FORM OF JUDGMENT DANIEL M. CREEDON III, JAMES R. AGREED TO BY THE PARTIES HATFIELD, SHEILA GEILER, JOHN NORMAN, JEREMY GILMORE,KELLY ) KEVIN LYDON, and the TOWN OF ) BARNSTABLE, Defendants. ) The above parties,by and through their attorneys, move that the Findings of Fact, Rulings of Law and Order for Judgment dated March 4, 2011 and the Judgment entered in Barnstable County Superior Court,bearing Docket.number BACV 2008-00105 on March 22, 2011, shall be vacated in their entirety. In their place,the Parties hereto stipulate that, subject to the approval of the Court, a Judgment shall enter setting forth the following provisions: (a) The decision of the Barnstable ZoningBoard of Appeals dated January 23, 2008 is annulled; (b) As to Count I of the Second Amended Complaint, the accessory cottage located at . 181 School Street, in Barnstable(Cotuit), Massachusetts as shown on Barnstable Assessors Map 020 as Lot 090 and described in a deed recorded with Barnstable County Registry of Deeds in Book 20147, Page 244,the permitted use of the accessory cottage located at 181 School Street, Barnstable(Cotuit), Barnstable i [200 8-003 5\stipsuprctcubstitutejudgment-limoncellli-0921 12092 1 121 0 �. r County, Massachusetts, falls within the provisions of the Town or Barnstable's Zoning Ordinance Section 240-128 Dwelling, Single-Family—a detached residential building designed for and occupied by a single family; (c) Count III of the second amended complaint shall be deemed moot and,therefore, dismissed with prejudice; (d) Counts 11 and IV of the second amended complaint shall be dismissed with pr9j udice. (e) There shall be no costs assessed to either party. Dated: September , 2012. SUSAN LIMONCELLI, Plaintiff, By Her Attorney, JOFN H. WYMAN, E [BA.O.NO. 535640] Atto ey for Plaintiff-Appell e Sou h Park Place 97 ourt Street PI outh,MA 02360- 8-746-0251; 508-747-5535 Fax jbMmanesg@comcast.net TOWN OF BARNSTABLE,ZONING BOARD OF APPEALS, et al, Defendants, By their Attorneys, UTH J. WEI Town Attorney B.B.O. No. 5 285] ruth.weil@town.batnstable.ma.us T. DAVID HOUGHTON, First Asst. Town Attorney c bstitute'udament-limoncellii-092 1 1 2092 1 1 2 2008 0035\sti su rct u � P P J b R� [B.B.O.No. 241160] david.houghton@town.barnstable.ma.us .CHARLES S. McLAUGHLIN, JR., Assistant Town Attorney [B.B.O.No. 336880] charles.mclaughlin@town.bariistable.ma.us TOWN OF BARNSTABLE 367 Main Street,New Town Hall Hyannis, Ma. 02601-3907 l 508-862-4620; 508-862-4724 Fax t [200 8-003 5\stipsuprctcubstitutejudgment-limoncellli-0921120921 12] Fax Server 10/26/2012 11 : 25 : 50 AM PAGE 3/004 Fax Server � Commonwealth of Massachusetts County of Barnstable The Superior Court Civil Docket BACV2008-00105 RE: Limoncelli v Barnstable Zoning Board of Appeals et at TO: Michael J. Prihci, Esquire John H. Wyman, Esquire Ruth J. Weil, Esquire CLERK'S NOTICE This is to notify you that in the above referenced case the Court's action on 10/25/20112: RE: MOTIONA to vacate -7udgmen t on Finding of the court fo 17owi ng Tr i a`7 issued on March 22, 2011 (P#43) is as follows: Motion (P#52) ALLOWED; by the Court, Rufo, J (Scott W Nickerson, Clerk-Magistrate) Dated at Barnstable, Massachusetts this 26th day of October, 2012. Scott W. Nickerson, Clerk of the Courts BY: Christine Higginbotham, Deputy Assistant Clerk Telephone: (508) 375-6684 Copies faxed 10/26/2.012 4 IOCT 2 6- TOWN ATTORNEYWN OF BARNSTABLE Disabled individuals who need handicap accommodations should contact the Administrative Office of the Superior Court at(617)788-8130 -- cvdresuIt.wpd 770907 —tallow roderick Pax Server 1U/'L6/ZU1Z 11 :Lb : 5u AM PAUL q/uu4 rax nervex- i Commonwealth of Massachusetts , County of Barnstable The Superior Court Civil Docket BACV2008-00105 RE: , Limoncelli v Barnstable Zoning Board of Appeals et al TO: Michael J. Princi, Esquire John H. Wyman, Esquire Ruth J. Weil, I?squire CLERK'S NOTICE This is to notify,you that in the above referenced case the Court's action on 10/25/2012: RE: MOTION (Joint) to Approve Substitute . form of Judgment Agreed to by the Parties _ is as follows: Motion (13#54) ALLOWED; by the Court,Rufo,.J (Scott W Nickerson, Clerk-Magistrate) f Dated at Barnstable, Massachusetts this 26th.day of October, 2012. Scott W. Nickerson, Clerk of the Courts BY: Christine Higginbotham, Deputy Assistant Clerk Telephone: (508) 375-6684 Copies faxed 10/26/2,012 OCT 2 6,2012 TOWN ATTORNEY TOWN OF BARNSTABLE Disabled individuals who need handicap accommodations should contact the Administrative Office of the Superior Court at(W)786-8130 -- cvdreau1t_1.wpd 770415 motellow.roderick r �polim�o��c a�wnataG�e _ d� pt;� W BACV2008-00105-A SUSAN LIMONCELLI, Plaintiff, vs. TOWN of BARNSTABLE ZONING BOARD OF APPEALS, TOWN of BARNSTABLE, Defendants, ORDER VACATING JUDGMENT It is ordered that the�Judgment:on Finding.Of the'Court issued on March 22, 2011, be and hereby is vacated; and,Substitute,Form of Judgment Agreed to by the. Parties be entered forthwith. By the Court (Christopher J. Muse, Justice) BY: 1 s` Assistant Clerk Dated at Barnstable, Massachusetts this 25th day of October, 2012. A true copy, f41,4sr Clerk'" Telephone: (508) 375-6684 Disabled individuals who need handicap accommodations should contact the Administrative Office of the Superior Court at.(617)788-8130 cvdor30Adism_1.wpd 770415 motallow roderick COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: SUPERIOR COURT C.A. No. BACV2008-105 --------------------------------------------------------- SUSAN LIMONCELLI, DEFENDANTS' SUPPLEMENTAL Plaintiff, ) ANSWERS TO CONTINUING V. ) INTERROGATORIES FOR SUPPLEMENTAL ANSWERS AS PROPOUNDED BY PLAINTIFF. TOWN OF BARNSTABLE ZONING. ) BOARD OF APPEALS, AND ITS ) - MEMBERS, GAIL NIGHTINGALE, RON S. JANSSON, DANIEL M. CREEDON III, JAMES R. HATFIELD, SHEILA GEILER, , JOHN NORMAN, JEREMY GILMORE, ) KELLY KEVIN LYDON, and the ) TOWN OF BARNSTABLE, ) Defendants. ) --------------------------------------------------------- Pursuant to the Massachusetts Rules of.Civil Procedure, the Defendant, TOWN OF BARNSTABLE, in answer to Plaintiff's Continuing Interrogatories for supplemental answers to said Interrogatories, shows to the Court as follows:_ Interrogatory No. 1: I. Please state the name,,address, and job title of the person answering these interrogatories. RESPONSE: Thomas Perry, Building Commissioner, 200 Main Street, Hyannis Interrogatory No. 2:. 2. Please state when and in what capacities Linda Edson ever workedfor the Town of, giving dates of work, positions,her immediate supervisor, and work responsibilities. 1 RESPONSE: Do not know what other capacities, present Special Investigator Amnesty Program, July 2004- - Present, Supervisor: Thomas Perry. Responsible to answer newspaper advertisements and multiple listing real estate advertisements where possible multiple dwelling units are contained in properties. Interrogatory No. 3: 3. Please state in detail any present positions held by Linda Edson, including a detailed job description and requirements of employment,when she became employed, her qualifications for the position, who hired her,the hiring process, and her title. [2008-0035\answers-rogs-TomPerry-liirioncelli] T I ' RESPONSE: Do not know what other capacities, present Special Investigator Amnesty Program,July 2004- - Present, Supervisor: Thomas Perry. Responsible to answer newspaper advertisements and multiple listing real estate advertisements where possible multiple dwelling units are contained in properties. Interrogatory No. 4: _ _ l 4. What were Linda Edson's duties as an employee of the Defendant Town in August of 2005 and what are her current duties? RESPONSE: Do not know what other capacities, present Special Investigator Amnesty Program, July 2004- - Present, Supervisor: Thomas Perry. Responsible to answer newspaper advertisements and multiple listing real estate advertisements where possible multiple dwelling units are contained in properties. Interrogatory No. 5: 5. Who were/are Linda Edson's. supervisors, persons writing evaluations of/for her, or persons to whom she reports from 2000 through today? r RESPONSE: Do not know what other capacities, present Special Investigator Amnesty Program,July 2004-- Present, Supervisor:Thomas Perry. Responsible to answer newspaper advertisements and multiple listing real estate advertisements where possible multiple dwelling units are contained in properties. Interrogatory No. 6: 6. With respect to all employee reviews for Linda Edson in the position she held in August 2005, please state in detail the date of such evaluation,the person who evaluated, and the specifics of the evaluation, including any acknowledgements required of Linda Edson. RESPONSE: Contract Employee-no evaluations. Interrogatory No. 7: 7. Describe in detail all procedures that Linda Edson was or is expected to follow in order to locate° or identify properties in the Town of that may be in violation of zoning regulations. RESPONSE: Check newspaper advertisements for Apartments in Cape Cod Times and the MLS listings for houses with multiple dwelling units. Interrogatory No. 8: 8. Describe in detail all procedures that Linda Edson is expected to follow when a potential zoning violation comes to her attention,citing any written or documented procedures. RESPONSE: When an apartment or room for rent is located an appointment, is arranged with the owner or manager to view the unit. The unit is viewed and then with the facts of what the unit contains a determination is made whether the unit is zoning compliant, If the unit is not in compliance then a notification letter is sent, [2008-0035\answers-rogs-TomPerry-limoncelli] 2 I to the owner giving options as to how to proceed. If cooperation is not forthcoming, then non-criminal tickets are issued. Interrogatory No. 9: 9. What discretion, if any, did Linda Edson have at any time during her employment as a Zoning Officer when a zoning violation came to her attention and what, if any, discretion does she currently have? RESPONSE: Linda Edson was never employed as a Zoning Officer. Interrogatory No. 10: 10. What was and is the procedure that Linda Edson was expected to follow in enforcing zoning violations? RESPONSE: If the owner does.not respond to the letter sent according to Interrogatories. Interrogatory No. 11: 11. Please provide the property addresses and owners information (with names and addresses) with respect to all properties in the Town of Barnstable, which have been cited for a violation of the single-family zoning regulation since 1990. RESPONSE: Non-Applicable tome. f Interrogatory No. 12: 12. Of the properties identified in Question 10 which were cited for violations by Linda Edson, please state when and how these violations came to her attention and when and what action she took to enforce the Town's Zoning By-laws. RESPONSE: Non-Applicable to me. Interrogatory No. 13: 13. Which, if any, of the properties listed in Interrogatory No. 10 are still in violation? RESPONSE: Non-Applicable tome. Interrogatory No. 14: 14. Which, if any, of the properties listed in Interrogatory No. 10 have received protection under M.G.L. C. 40, s. 6? RESPONSE: This question does not make sense. Interrogatory No. 15: 1.5. Which, if any, of the properties listed in interrogatory No. 10 have received protection through the Town's Amnesty Program? RESPONSE: This question does not make sense. - [2008-0035\answers-rogs-TomPerry-limoncelli] 3 . r Interrogatory No. 16: 16. Please identify all manuals,handbooks, or guidelines, which Linda Edson was/is required to read and/or follow as part of her position. RESPONSE: The Zoning Ordinance is the guide line to be followed along with verbal instructions from Building Commissioner. Statement No. 17: 17. Who is responsible for ensuring that Linda Edson complies with any such manuals,handbooks, or guidelines, identified in the answer to Question 15'? _ RESPONSE: This question does not make sense. - Statement No. 18: 18. Under the terms of her employment is it permissible for Linda Edson to work as an active real estate broker, real estate salesperson,real estate professional, or any private sector position outside of her employment with the Town? RESPONSE: Human Resource question.: Statement No. 19: 19. What if any written or verbal guidelines have been promulgated by the Town regarding outside employment by town employees? a RESPONSE: Human Resource question. Statement No. 20: 20. Is the Town aware of any outside employment by Linda,Edson while she has served as a Zoning Officer? If so, what positions has she held and what were the dates of employment? RESPONSE: Human Resource question. . Signed under the pains and penalties of perjury this day of June, 2008. (Signature) Printed: Thomas Perry Title/Position—Building Commissioner Address: 200 Main Street, Hyannis, MA 02601 [2008-0035\answers-rogs-TomPerry-limoncelli] 4, TOWN OF BARNSTABLE,Defendant, By its Attorneys, RUTH J. WEIL, Town Attorney [B.B.O. No. 519285] T. DAVID HOUGHTON, First Asst. Town Attorney [B.B.O. No. 241160] CHARLES S. McLAUGHLIN, JR., Assistant Town Attorney [B.B.O. No. 336880] TOWN OF BARNSTABLE 367 Main Street,New Town Hall 'Hyannis, Ma. 02601-3907 508-862-4620; 508-862-4724 Fax To: Michael Princi, Esq. r [B.B.O. No. 406680] ; Attorney for Plaintiff WYNN & WYNN, P.C. X 300 Barnstable Road Hyannis, MA 02601-2513 508-775-3665, 508-775-1244 Fax t [2008-0035\answers-rogs-TomPerry-limoncelli] 5 f. Statement No. 9: `r E 9. Prior to August 2005 Linda Edson had knowledge of the letter written by Joe DaLuz to Ruth Grover in 1981, a copy of which is attached and marked as Exhibit A. RESPONSE: Linda Edson was never employed as a Zoning Officer. Statement No. 10: ` 10. On August 29, 2005, Linda Edson wrote a letter to the Plaintiff advising her that 181 School Street, Cotuit was in violation of the Town's Zoning By-law. RESPONSE: If the owner does not respond to the letter sent according to interrogatories. , Statement No. 11: 11. Within a few days of the August 29th letter, Linda Edson received a telephone call from the Plaintiff and Albert Russo to discuss Ms. Edson's letter. RESPONSE: Non-Applicable to me. 4 Statement No. 12: 12. During that conversation, Linda Edson said the following in the same or similar terms: RESPONSE: Non-Applicable to me. a.. I am a long time friend for Ruth Grover. RESPONSE: Non-Applicable to me. b. I have been to the property on many occasions in the past. RESPONSE: Non-Applicable to me. r c. I have been in the garage apartment in the past. RESPONSE: Non-Applicable to me. ' r d. The Town has known about the apartment for many years. RESPONSE: Non-Applicable to me. e. There is a file of inform ationabout the property in Town of Barnstable records, . including the Joe DaLuz Letter. [2008-0035\answers-rogs-TomPerry-limoncelli] 6 l RESPONSE: Non-Applicable to me,. Statement No.13: 13. Linda Edson described to the Plaintiff and Albert Russo the contents of the Daluz letter during the telephone conversation on or about September 1, 2005. RESPONSE: This question does not make sense. Statement No. 14: 14. Linda Edson provided Albert Russo a copy of the DaLuz letter the following day, at the Building Department office. RESPONSE: This question does not make sense. Statement No. 15: 15. Prior to August 2005 Linda Edson had knowledge that the Grover property at r8_1 School �Str�et,Cotuit;MA was assessed and taxed as a multi-family property. J RESPONSE: This question does not make sense. Statement No. 16: ` 16. Prior to August 2005 Linda Edson never notified Ruth Grover that her property at 181 School Street, Cotuit, MA may be in violation of the zoning regulations. RESPONSE: The Zoning Ordinance is the guide line to be followed along with verbal instructions from Building Commissioner. Statement No. 17: 17. Linda Edson never attempted to enforce the zoning regulations against Ruth Grover, when Ruth Grover owned 181 School Street, Cotuit, MA. RESPONSE: This question does not make sense. Statement No. 18: 18. Within a short time after Ruth Grover sold the property at 181 School Street, Cotuit, MA to the Plaintiff in August 2005, Linda Edson initiated enforcement proceedings against Plaintiff based on the alleged illegality of the garage apartment. RESPONSE: Human Resource question. Statement No. 19: 19. As a result of complaints made by the Plaintiff or her representatives regarding Ms. Edson's conduct, Thomas Perry,the Town's Building Commissioner counseled Linda Edson to the effect that in the future she-must immediately notify owners when she becomes aware of'a potential non-compliance with the zoning regulations, and not to delay enforcement for any [2008-0035\answers-rogs-TomPerry-limoncelli] 7 reason. RESPONSE: Human Resource question. Statement No. 20: 20. The Town of Barnstable Building Commissioner has unilaterally determined that the property located at 468 Main Street, Cotuit, MA is a lawful multifamily property without any supporting building permits, documentation or evidence of zoning relief. RESPONSE: [2008-0035\answers-rogs-TomPerry-limoncelli] 8 2. Please state when and in what capacities Linda Edson ever worked for the Town of Barnstable giving dates of work, positions, her immediate supervisor, and work responsibilities. Town of Barnstable 3. Please state in detail any present positions held by Linda Edson, including a detailed job description and requirements of employment, when she became employed, her qualifications for the position, who hired her, the hiring process, and her title. 4. What were Linda Edson's duties as an employee of the Defendants Town in August of 2005 and what are her current duties? 5. Who were/are Linda Edson's supervisors, persons writing evaluations of/for her, or persons to whom she reports from 2000 through today? 6. With respect to all employee reviews for Linda Edson in the position she held in August 2005, please state in detail the date of such evaluation, the person who evaluated, and the specifics of the evaluation, including any acknowledgements required of Linda Edson. 7. Describe in detail all procedures that Linda Edson was or is expected to follow in order to locate or identify properties in the Town of Barnstable that may be in violation of zoning regulations. J. 8. Describe in detail all procedures that Linda Edson is expected to follow when a potential zoning violation comes to her attention, citing any written or documented.procedures. 9. What discretion, if any; did Linda Edson have at any time during her employment as a Zoning Officer when a zoning violation came to her attention and what, if any, discretion does she currently have? 10. What was and is-the procedure that Linda Edson was expected to follow in enforcing— zoning violations? 11. . Please provide the property addresses and owners information (with names and addresses) with respect to all properties in the Town of Barnstable, which have been cited for a violation of the single-family zoning regulation since 1990. Interrogatory No. 12: 12. Of the properties identified in Question 10 which were cited for violations by Linda A Edson, please state when and how these violations came to her attention and when and.what action she took to enforce the Town's Zoning By-laws. Objection: Ruth J. Weil, Town Attorney, Town of Barnstable [2008-0035\answers-rogs-TomPerry-limoncelli] 1 IP SolarCity March 28, 2016 L DI Town of Barnstable m ATTENTION: BUILDING DEPARTMENT - 200 Main Street Hyannis, MA 02601 j RE: 181 School Street, Cotuit13 T Permit No.: 201409043 t. :d Our Job No.: JB-026697 - I NOTICE OF CANCELLATION This letter is to certify our proposal to install Solar(PV) at the above- referenced property has been moved into a cancellation status. SolarCity Corporation and Susan Limoncelli will not be moving forward with the proposed installation at this time. We would greatly appreciate reimbursement for the permitting fees paid, but understand that the town will not refund any fees. If you have any questions or concerns,please don't hesitate to contact me. Thank you for your attention to this matter. Sincerely, CheryCGruenstern Cheryl Gruenstern Permit Coordinator Direct Line: (508) 640-5397 cgruenstern@solarcity.com 112 Great Western Road,South Dennis,MA 02660 T (888)SOL-CITY solarcity.com AL 05500.AR M-8937.AZ ROC 24377VROC 245450.CA CSLB 888104.C0 EC8041.CT HIC 0632778/ELC 0125305.DC 410 514 0 0 0 0 8 0/ECC902585.DE 2 01112 0 3 8 6/TI-6032.FL EC13006226.HI CT-29770.IL 15-0052.MA HIC 168572/ EL-1136MR.MD HIC 128948/11805,NC 30801-1.NH 0347C/12523M.NJ NJHIC#13VH06160600/34E801732700.NM EE98-37959Q NV NV20121135172/C2-0078648/62-0079719.OH EL.47707.OR C8180498/C562.PA HICPA077343.RI ACOD4714/Reg 38313.TXTECL27006.UT 8726950-5501.VA ELE2705153278.VT EM-05829,WA SOLARC-919OVSOLARC'905P7.Albany 439.Greene A-486.Nassau H2409710000.Putnam PC6041,Rockland H-11864-40-00-00,Suffolk 52057-H,Westchester WC-26088-HI3.N Y.0#20D1384-DCk SCENYC:N.Y.C.Licensed Eiectriclan.#12610,#004485.155 Wata St 6th Fl..Unit 10.Brooklyn.NY 11201#2013966-0CA AM loans provided by SolarCity Finance Company,LLC. CA Finance Lenders License 6054796.SolarCity Finance Company.LLC Is licensed by the Delaware State Bank Commissioner to engage in business in Delaware under license number 019422.MD Consumer Loan license 224t NV Installment Loan License IL11023/IL11024.RI Licensed Lender#201531D311.TX Registered Creditor 1400050963-202404,Vr Lender L iceme#6766 r ' o2�Ceg"7 �1HE TOWN OF BARNSTABLE Building 201409043 � BARNSTASLE, * Issue Date: 01/02/15 Permit y MASS. �ArFG 3�A� Applicant: SOLARCITY CORPORATION Permit Number: B 20150005 Proposed Use: MULTIPLE HOUSES ONE PARCEL Expiration Date: 07/02/15 Location 181 SCHOOL STREET Zoning District RF Permit Type: RES SOLAR PANELS Map Parcel 020090 Permit Fee$ 81.60 Contractor SOLARCITY CORPORATION Village COTUIT App Fee$ 50.00 License Num 98660 Est Construction Cost$ 16,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND INSTALL SOLAR PANELS ON ROOF THIS CARD MUST BE KEPT POSTED UNTIL FINAL 6.375 KW AND 25 PANELS INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: LIMONCELLI,SUSAN BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: PO BOX 1383 INSPECTION HAS BEEN MADE. COTUIT,MA 02635 Application Entered by: JL zv Building Permit Issued By: THIS PERMIT.CONVEYS.NO RIGHT TO OCCUPY ANY STREET ALLEY OR'SIDEVJALK OR'ANY PART THEREOF,EITHER VORARH.Y O 'P -- N Yj ENCROACHMENTS ON.PUBLIC PROPERTY,,-NO SPECIFICALLY PERMITTED UNDER.THE BUII.DING CODE,MUST BE APPROVED BY THE;NRISDICTION: STREETARxALLEY GRADES AS'_ LL AS DEPTH ANdI:OCAT[ON OF PUBLIC SEWERSMAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS .THE ISSUANCE OFTHIS PERMIT DOES NOT,RELEASE TILE APPLICANT FROM THE CONDITIONS-Of-RNY APPLICABLE SUBDNISION RESTRICTIONS: MINIMUM OF FIVE CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.SHEATHING INSPECTION 3.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 4.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 5.PRIOR TO COVERING STRUCTURAL MEMBERS(FRAME INSPECTION). 6.INSULATION. 7.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel `�O Application Health Division Date Issued l �s Conservation Division Application Fee Planning Dept. Permit Fee �P ' Date Definitive Plan Approved by Planning Board Historic - OKH 40 _ Preservation/ Hyannis Project Street Address l � c>� ss �� sG Village C474VLY OwnerSySQr7 1-imonGe/11' Address se,4001 Sf Telephone S0$-aZ7y^145� Permit Request &AI/ Soler Cleclne- 0axIS ool r*W a�' dW,S,,Sao hoySe tvrtJS 444M cw6w s 9, "�h �, a br, ul�sici+ ' be i�tkrrotineciE'c! G.df► rrt� �JecAx�/ SySih Kw G. 37S panclS o Square feet: 1 st floor: existing proposed 2nd floor: existing '—' proposed Total new Zoning District AF Flood Plain Groundwater Overlay Project Valuation Construction Type/78 So/ar l4q.-W15 Lot Size -�— Grandfathered: ❑Y(`s'A k❑ No If yes, attach supporting documentation. Dwelling Type: Single Family k Two Family ❑ Multi-Family(# units) ' a ! Age of Existing Structure �� rS• Historic House: ❑Yes R No On Old King's Highway u Yes ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other -' Basement Finished Area (sq.ft.). Basement Unfinished Area ( q.ft) Number of Baths: Full: existing — new Half: existing � ew";! Number of Bedrooms: �— existing new ­0 Total Room Count (not including baths): existing---- new First Floor Room Count Heat Type and Fuel: ❑ Ga00. ❑ CV- ❑ Electric ❑ Other �— Central Air: ❑Yes tTNo 4o�Fftrp aces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑-exlstin^ near-size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: O-existingf] nevi size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # �— Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use 4e!Sldejqq:��� Proposed Use 40 eelta_n,Qc_ APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name 0V G`� ��4�'�-t Cdr . Telephone,Number ?V- $/6 7MY ! Address 1W C 4h2IC A/t Dr, 100U1/0 License # C_s 107C0 3 �Mbrd& . /yJa �35� Home Improvement Contractor# l�fsS7a2 Email Worker's Compensation #GclQ7,GGG�-�66'�`SQo?y ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO G G3/vom oSkI SIGNATURE DATE 0, 22/. dlc/ FOR.OFFICIAL USE ONLY APPLICATION# = F ' DATE ISSUED MAP,/PARCEL NO. , r ADDRESS. VILLAGE OWNER DATE OF INSPECTION: - FOUNDATION f' ' FRAME INSULATION FIREPLACE f - ELECTRICAL: ROUGH FINAL RLUMBING: ROUGH - FINAL GAS: ROUGH FINAL .• • } FINAL BUILDING DATEr•CLOSED OUT s AISLSQqIATION PLAN NO. ` 4 The Co►nmonwealih,of Massaehuseits r,°.• n . Department of Industrial Accidents a ' ?,a Orice of Invesfigations . r I Congress Street,'Suite 100 ' Boston,MA 02114-2017 y. ; www mass gov1dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print.Lenibly Name(Business/(>rganization/Individual): SolarCity Corporation Address:3055 Clearview Way - City/State/Zi :San Mateo, CA 94402 Phone#:888-765-2489 F Are you an employer?Check the appropriate boz: � Type of project(regained): 1.Q I am a employer with 7000 4. ❑ I am a general contractor and I ' 6. .❑New construc lion , employees (full and/or part time).* . have hired the sub-contractors listed on the attached sheet. 7. ❑Remodeling 2.❑ I am a sole proprietor or partner- _ r ►;, ship and have no employees These sub-contractors have g, Demolition ; 1.,•. .. workingfor me in an capacity. _ employees and have workers' Y z 9:1 Q Building addition . t: [No workers' comp:insurance comp.insurance. , required.] 5. 0 We arc a corporation and its ,' . ' I Electrical repairs or.additions 3.❑ I am a homeowner doing work officers have exercised their '; I LE]Plumbing repairs or additions g ±right of exemption per MGL myself. [No workers' comp., 1.2.0 Roof repairs insurance required]t c: 152,§I(4),and we have no 3. other Soler Panels`°' ' -; <employees: [No workers' comp. required.] ' - comp. insurance - t ..r.. -, �n •, •Any,applicaut 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.,a ' ,: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-c6ntrectors have em to gees,they must provide their workers'comp. J number: Y . . � P, Y eY P _ P policy, _ a +�..$ i" .'.,t: •: �` l am an employer that is providing workers'compensation insurance for my employees. Below is thepolicy and job site', information. .. .. -v y ,- Insurance Company Name:Liberty Mutual insuiance•Company Policy#or Self-ins.Lit. #:WA7=66D-066265-024 , T r Expiration Date: Job Y Job Site Address: � � ` - �f '` ,JH' • :"City/State/Zip ,�AIYlS76�t� a635 ``.. Attach a copy of the workers' compensation pohcy declaration page(showing the policy number and egpiratioa 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 copyofthis statement-may be forwarded to the Office.of Investigations of the.DIA for insurance coverage±verification.. t' • a , ; I do hereb .certd , under the pains dnd penalties of perjury that the information provided above is true_and correct, Signature `— "<>y� ?:�.�re • Date:' . . 7 � r :Phone#- 7818161489 Officuil use only. Do not write in this area,.to be completed by city or town official -... ZA - .. • ! • - .• -y - City.or`Town: Permit/License# Issuing Authority(circle one): y 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. } Other; i 'Contact Person: Phone#: `i AC RU DATE(MWDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08129/2014 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 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificateholder is an ADDITIONAL INSURED,the poliicy(iss)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MARSH RISK&INSURANCE SERVICES PHONE FAX 1 345 CALIFORNIA STREET,SURF 1300 CALIFORNIA LICENSE NO.0437153 Ate: SAN FRANCISCO,CA 94104 INSU AFFORDING COVERAGE NAIC fl _, 998301-STND-GAWUE-14-15 INSURERA:Liberty Mutual Fire Insurance Company 16586 INSURED Ph(660)9635100 INSURER B:Iibeq Insurance Corporation 42404 SolarCityCorporation INSURERC:N/A N/A 3055 CleaMew Way San Mateo,CA 944402 INSURER D INSURER E: ,( INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-OD2440269V REVISION NUMBER:4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER i MWD LIMITS A GENERAL LIABILITY TB2.651-056265-014 09/01/2014 09101/2015 EACH OCCURRENCE $ 1,000,000 kGEM RENTED X COMMERCIAL GENERAL LIABILITY r PREMISES Ea ocanrenca $ 10D,000 CLAIMS-MADE M. OCCUR M_E_D EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1�� ± - GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG S 20,000 X POLICY X PRO JFCTLOCI I Deductible $ 25,000 A AUTOMOBILE LIABILITY AS2-661-066265-044 09101)2014 09I01/2015 COMBINED SINGLE LIMIT E 1,000 . _. 1X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS PeracddeM X Phys.Damage COMP/COLL DED: $ $1,0001$1,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ S g WORKERS COMPENSATION WA7 66D-0662Cr02 W0112014 0910112015 X we sTATu- oTH- AND EMPLOYERS'LIABILITY Y I N B ANY PROPRIETORIPARTNERIEXECUnVE WC7 661 066265-034(WI) 09/01/2014 I9101/2015 EL EACH ACCIDENT $ 1,000,000 B (MandatoOFFICER/ry In H)IXCLUDED? NIA I'WC DEDUCTIBLE$350,0W 1,000,000 (Mandatory in NH) EL DISEASE-EA EMPLOYE $ U yes,describe under 0„: 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,ff more space Is required) Evidence of Insurance. t A,, CERTIFICATE HOLDER CANCELLATION SolarCity Corporation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3055 Clearview Way THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN San Mateo,CA 94402 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk S Insurance Services Charles Marmoltljo ©1936-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORO 'F4 Office of Consumer{Affairs�and Business Regulation W- 0 10 Park Plaza - Suite 5170 Boston'd assachusetts 02-116 Home Improvemerit1.Contractor Registration Registration: 168572 TYpe: Supplemerit Card _. SOLARCITY CORPORATION` Expiration: 381201,5 CRAIG ELLS -- 24 ST. MARTIN STREET BLD 2 UN1T MARLBOROUGH, MA 01762 `' •' " '• -j Update Addresi and return card.Mark reason for change.. sci+t e, ao�m•o5��+ Address [1 Renewal '[1 Employment r Lost Card ,//fc (��jti/N�J1G"11,7/lA(l/��I�;�,(lfaY+.'I�Y1JJ =0mce or Consumer Affairs&Business Regulation License or registration valid for individO use only OME IMPROVEMENT CONTRACTOR :u before the expiration date. If found return to: 3 PP Office of Consumer Affairs and Business Regulation j Registration: 168572, TyP 10 Park Plaza-:Suite 5170 !--'' Expiration: .3/8/2015:- Su lement 'lard y. Boston,MA 02116 SOLARCITY CORPORATION { CRAIG ELLS i 24 ST MARTIN STREET BLD WN1 "hLBOROUGH,MA 01752 Undersecretary °Not v lid.without signature IAgssachusetts Deparlrpetit vi Pub#ic Sof©tf Boerd of Building Regulaiions nircf Sta�tdal`s (4+iletPlitlP�+P tiiti' t piit1P. V1c&rtfie°CS-407663 � CRAIG ELLS- � . � • 206 BAKER STREET: . , Keene NH.03431 Ctx�tf.►�'iiti5otlrtf t�;: ` 812912017'. n i • { t J Li' C !G� J�IGGCiIGJf>ll!1 Q�'12/yl°2�12rLU Office of Consumer Affairs and Business,Regulation 10 Park Plaza Suite 5170 Boston, Massachusetts 02116 Home lmprovemeneContractor Registration Registration: 168572. Type: Supplement Card ,.. { E iration: 3/812015_ FEB. SOLAR.CITY CORPORATION. xp," WAYNE EUBANK Iy 24 ST. MARTIN STREET BLD 2 UNIT e1 �� r MARLBOROUGH, MA 01752 e tit r Update Address and return card.Mark reason far change. sCA 1 0 20M-05hI C Address 0 Renewal Employment Lost Card NJ.I(,"-�(1IIUifl111/!ti'rylfl/��'T`(!!13!!('�(LiCIIi ce,of Consumer Affairs&.Business Regulation License or registration valid for individul use only ME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Office of Consumer Affairs and Business Regulation e istration: T e.9 468572 yp 10 Park Plaza-Suite 5170 Expiration: 318/2015 Supplement Card Boston,MA 02116 SOLAR CITY CORPORATION WAYNE EUBANK 24 ST MARTIN STREET BLD�2UNI IZlAhLBOROUGH;MA 01752 Undersecretary N valid without signature DocuSign Envelope ID:1AF5F86E-7E38-4868-A774-3A1DE8ECA966 S o I a r C ty. Power Purchase Agreement Here are the key terms of your SolarCity Power Purchase Agreement 1Dg&014 $0 71 - %0`03 5r 2 0 ears. System installation cost Electricity rate,per kWh° Agreement term' n,u xY Our Promises to'You We insure,maintain,and repair the Systerrf'(iricluding thexinverter)at no additional cost to you,as.specified in the agreemen#. • We provide 24/7 web-enabled monitoring at no additional cost to you,as specified in, agreement.':' • We warranty your roof'against leaks and restore your,roof at the end`of the agreement,as specified in the agreement. • The rate ou a for electrici ""'` . •' , y p y _ ty,exclusive of taxes„will never increase by more than 2.90/o Per^.year: .- .. s..ca.� .•br ag a 3 M. � e+ P d • The pricing in this PPA is valid'for 30 days after.11/20/2014 • We are confident that we deliver excellent value and customer service.As a result, you are free to cancel anytime at no charge prior,to construction on your home. Estimated First Year Production ' 4,195 kWh Customer's Name & Service Address . Exactly as it appears on the utility bill Customer Name and Address - Customer Name Installation Location SUSAN LIMONCELLI 181 School St 181 School St b �' Cotuit, MA 02635 Cotuit, MA 02635 _. Options for System purchase and transfer: Options at the end of the 20 year,term: • If you move,you may transfer this agreement to the purchaser of your •' SolarCity will remove the System at no cost to you. Home,as specified in the agreement. . You can upgrade to a new System with the latest solar • At certain times,as specified in the agreement,you may purchase the technology under a new contract. System. I You may purchase the System from SolarCity for its fair. • These options apply during the 20 year term of our agreement and not •market value as specified in the agreement: beyond that term. : . You mayrenew this agreement for up to fen(10)years in ' two(2)five(5)year increments, TEO, CA 94402 888.SOL.CITY � 888.765.2489 � SOLARCITY.COM 3055 CLEARVIEW WAY, SAN MA MA HIC 168572/EL-1136MR Document Generated on 11/20/2014 Q �■ 407819 10 . . ❑� 7L I DocuSign Envelope ID:1 AF5F86E-7E38-4868-A774-3A1 DE8ECA96B 22. NOTICE OF RIGHT TO CANCEL. I have read this Power Purchase Agreement and the Exhibits in their YOU MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO entirety and I acknowledge that I have received a complete copy of this MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE Power Purchase Agreement. YOU SIGN THIS CONTRACT. SEE EXHIBIT 1,THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN Customer's Name:SUSAN LIMONCELLI EXPLANATION OF THIS RIGHT. dr. 23.ADDITIONAL RIGHTS TO CANCEL. SB ,=Gj IN ADDITION TO ANY RIGHTS YOU MAY HAVE TO CANCEL Signature: THIS PPA,UNDER SECTION 22,YOU MAY ALSO CANCEL THIS PPA AT NO COST AT ANY TIME PRIOR TO Date: 1=2/3/20= COMMENCEMENT OF CONSTRUCTION ON YOUR HOME. 24. Pricing susanlimo@mindspring.com The pricing in this PPA is valid for 30 days after 11/20/2014. If you don't sign this PPA and return it to us on or prior to 30 days after Customer's Name: 11120/2014,SolarCity reserves the right to reject this PPA unless you agree to our then current pricing. Signature: Date: = ;SolarCit y Power Purchase Agreement SOLARCITY APPROVED Signature: t.�►"'�-r-,� LYNDON RIVE, CEO (PPA) Power Purchase Agreement ;';es0[afcift. Date: 11/20/2014 Solar Power Purchase Agreement version 8.2.0 407819 a - a Version#41.5 . SolarCit 12/12/2014 December 12, 2014 Project/Job#026697 ��O/JIS z RE: CERTIFICATION LETTER r� p:�'rT c �} -CIVIL Project: Limoncelli Residence • `t .air s� 181 School St Na 2 Cotuit, MA 02635 � — TEMPO RARY PERMIT To Whom It May Concern, ry MASSACHUSETTS 2014-113-PE A jobsite survey of the existing framing system was performed by a site survey_team,from SolarCity.,Structural review was based on.site observations and the design criteria listed below: Design Criteria: r -Applicable Codes = MA Res. Code,.8th Edition,ASCE 7-05,and 2605 NDS •' - Risk Category = II -Wind Speed = 110 mph, Exposure Category C _ -Ground Snow Load =30 psf MP1: Roof DL= 8 psf,Roof LL/SL= 17.4 psf(Non-PV Areas), Roof LL/SL= 10.8 psf(PV Areas) -MP2A&MP3B: Roof DL= 7.5 psf,Roof LL/SL= 21 psf(Non-PV Areas), Roof LL/SL=.21 psf(PV Areas) - - MP5: Roof DL= 8 psf,Roof LL/SL= 17.4 psf(Non-PV Areas), Roof LL/SL= 10.8 psf(PV Areas) =j Note: Per IBC 1613.1; Seismic check is not required because Ss = 0.19312 < 0.4g and Seismic Design Category(SD.Q = B'<D•�r".''` ' On the above referenced project,the components of the structural roof framing impacted by the installation of the PV assembly have <+ I been reviewed. After this review it has been determined that the existing structure is adequate to withstand the applicable roof dead load, PV assembly load,and live/snow loads indicated in the design criteria above. �y I certify that the structural roof framing and the new attachments that directly support the gravity loading and wind uplift loading from - PV modules have been`reviewed and determined to meet or exceed structural•strength requirements of the MA Res. Code,8th Edition. Please contact me with an �^ 9 y questions or concerns regarding this project. " .�. � •' 4" ' Sincerely, .. Nick Gordon;P.E. Professional En ineer g - Digitally signed'by Nick`Gordon' email 888.765.2489 go don@olarcity.com Date:2014.12.12 10:20:1�1'08'00' 3055 Clearview Way San Mateo,CA 94402 T(650)638-1028 (888)SOL-CITY F(650)638-1029 solarcity.com AZ ROC 243771,CA CSLB 888104,00 EC 8041,CT HIC 0032778,DC HIC 711OM%DO HIS 71101488.HI CT29770,MA HIC 168572,MD MHIC 128948,NJ 13VH06180600, ' 08 COO 180498,PA 077343,TX TDLR 27006,WA GOU SOLARC'91907.O 2013 SolatClty.Al,fights reserved. - ' A 12.12.2014 SolarCityPV System Structural Version #41.5 Design Software PROJECT INFORMATION & TABLE OF CONTENTS Project Name: Limoncelli Residence AHJ: Barnstable Job Number: 026697 Building Code: MA Res. Code, 8th Edition Customer Name: Limoncelli, Susan Based On: IRC 2009/IBC 2009 Address: 181 School St ASCE Code: ASCE 7-05 City/State: Cotuit, MA Risk Category: II Zip Code 02635 Upgrades Req'd7 No Latitude/ Longitude: 41.617193 -70.441608 Stamp Req'd7 Yes SC Office:, South Shore PV Designer: Regina Taurino Calculations: Nick Gordon P.E. EOR: Nick Gordon P.E. Certification Letter 1 Project Information, Table Of Contents, &Vicinity Map 2 Structure Analysis (Loading Summary and Member Check) 3 Hardware Design (PV System Assembly) 4 Note: Per IBC 1613.1; Seismic check is not required because Ss = 0.19312 < 0.4g and Seismic Design Category(SDQ = B < D 1 2-MILE VICINITY MAP sch• • COTUIT Qii 9931elo, M a s s G 13 D Commonwealth of Massachusetts EOEA, USDA Farm Service Agency.: 181 School St, Cotuit, MA 02635 Latitude: 41.617193, Longitude: -70.441608, Exposure Category: C F STRUCTURE ANALYSIS - LOADING SUMMARY AND MEMBER CHECK - MP1 1 Member Properties Summary MP1 Horizontal Member Spans Rafter Pro erties Overhang 0.99 ft Actual W 2.00" Roof System Pro erties ar w S an l; ;y'.,9.94 ft ,,'A,' : 'Actual D , f «r- 5.00".ff. Number of Spans(w/o Overhang) 1 San 2 Nominal No an A � ,10.00 in. ^2Roofin Material CompRoof S 3 Number of Layers(Comp Only) 1 Layers San 4 S 8.33 in.^3 Re-Roof to 1 Layer of Comp?-- -- No °" .'. San 5:= .:; >,9 w.� I"S 4 "20.83 in.^4 Plywood Sheathing No Total Span 10.93 ft TL DefPn Limit 120 Board Sheathing `Solid-Sheathin ° " PV•1 Start -1.00 ft = t Wood Species SPF, a Vaulted Ceiling No PV 1 End 5.58 ft Wood Grade #2 PV 2 Start Rafter Sloe "n. >a 37?� ., rt .�F "' $75 sip Rafter Spacing 26 O.C. PV 2 End F„ 135 psi To Lat Bracing : _ .":.Full = 'a " PV 3 Start A t ; "" w`:` : E r" -1400000 psi Sot Lat Bracing At Supports PV 3 End Emig 510000 psi Member Loading mary Roof Pitch 9 12 Initial Pitch Ad'ust Non-PV Areas PV Areas Roof Dead Load DL 8.0 psf x 1.25 10.0 psf 10.0 psf , PV Dead Load .� d �a- PV-DL'` � , 3:0 sf, x 1.25 4. "'• §Roof Live Load RLL 20.0 sf x 0.75 15.0 sf Live/Snow Load LL SL, Y',30.0'sf k sx 0.58' x 0:36, 11. '17A`sf,s ��10.8 sf.• Total Load(Governing LC TL 1 27.4 sf 24.6 psf Notes: 1. ps=Cs*pf;Cs-roof,Cs-pv per ASCE 7[Figure 7-2] 2. pf=0.7(Ce)(Ct)(IS)p9; Ce=Ct=is=1.0; 7 ' Member Design Summa (per NDS ' Governing Load Comb CD CL + CL - CF Cr D+ S 1.15 1.00 0.90 1.4 1 Member Anal sis Results Summary Maximum Max Demand @ Location Capacity DCR Shear Stress 41 psi 1.0 ft. 155 psi 0.26 Bending + Stress a 977: si , .KK . .. 6.2ft."".+" 1409 psi, 0 0.69 .11, Governs lBendinq H Stress -66 psi 1.0 ft. -1267 psi 0.05 Total Load:Deflection 0.64`in: L7232' .W e6.0 ft.- 124 in. 'L` 120 LOAD ITEMIZATION - MP1 PV System Load PV Module Weight(psf) 2.5 psf 0.5 �- Hardware Assembl Wei ht s e� r �� sf y PV System Weight s 3.0 psf Roof Dead Load Material Load Roof Category Description MPl Roofing Type s A = Comp Roof Re-Roof to 1 Layer of Comp? No Underlayment _ ". _ `_ ? RoofingPaper_a Plywood Sheathing No Board Sheathing- Solid-Sheathing' " :' ' < ° ° 23 psf Rafter Size and Spacing 2 x 5 @ 26 in.O.C. 1.3 psf Vaulted Ceiling n x.. < _ - y ,No Miscellaneous Miscellaneous Items,. 1.4 psf Total Roof Dead Load 8 Psf(Mpi) 8.0 Psf Reduced Roof LL Non-PV Areas Value ASCE 7-05 Roof Live Load L. . 20.0 psf Table 4-1 Member Tribu_tary Area t_. '.m 'A�' Ro f Slo e o 9 12 p / Tributary eArea LLReduct on- < § ` Ri a < 1 , r• Section 4.9- Sloped Roof Reduction R2 0.75 Section 4.9 Reduced Roof Live Load a �° —Lr7" "Lr L.0-(Ri)(RZ), Equation 4-2 Reduced Roof Live Load Lr 15 Psf MPl 15.0 sf Reduced Ground Roof Live Snow Loads Code Ground Snow Load pg 30.0 psf ASCE Table 7-1 Snow Load',Reductions ° Yes Effective Roof Slope 370 I Horiz. Distance from Ev_e t_o Ridge:' W' =13.7 ft l Snow Importance Factor IS 1.0 Table 1.5-2 _. Partially Exposed Snow Exposure Factor Ce;<, 1a) Table 7-2 Snow Thermal Factor Ct All structures except i s0 indicated otherwise Table 7-3 R f. n w C w Minimum Flat oo S o oad Pt-min' " 21.0 psf• . 7:3.4&7.10 Ram on-Snow Surchar e - Pf= 0.7(Ce)(Ct) (I) Pg pf? Pf-min Eq: 7:3-1 Flat Roof Snow Load Pf 21.0 psf 700;, ASCE Design Sloped Roof Snow Load Over Surrounding Roof Surface Condition of Surrounding C -roof All Other Surfaces' Figure 7-2 Roof S 0.8 Design Roof Snow Load Over Ps-roof= (Cs-roof)Pf ASCE Eq: 7.4-1 Surrounding Roof Ps'°°f 17.4 psf 58% ASCE Design Slo ed Roof Snow Load Over PV Modules Surface Condition of PV Modules CS_PV Unobstructed Slippery Surfaces Figure 7-2 0.5 Design Snow Load Over PV PS-PV PS-PV= (C5-P„)Pf ASCE Eq: 7.4-1 Modules 10.7 psf 36% STRUCTURE ANALYSIS - LOADING SUMMARY AND MEMBER CHECK - MP2A & MP313 Member Properties Summary MP2A&MP313 Horizontal Member Spans Rafter Pro erties Overhang 0.82 ft Actual W 2.00" Roof System Properties -,Span 1° 5:6 5 ft` w"Actual D 4'.00" Number of Spans(w/o Overhang) 2 San 2 3.64 ft Nominal No Roofin Material _ a Cam Roof- - 4=Span 3 A - 8.00 in:^2" Number of Layers(Comp Only) 1 Layers San 4 S 5.33 in.A3 Re-Roof to 1 Layer of Comp?, °` ;No San 5 � -0" ' = I 10.67 in. A- PI wood Sheathing No Total Span 10.11 ft TL Defl'n Limit 120 Board Sheathing Solid-Sheathing' PV 1 Start 3.17,ft. 'f ;Wood Species SPF Vaulted Ceiling No PV 1 End 9.08 ft Wood Grade #2 Rafter Sloe 25° PV 2 Start m F 875 si Rafter Spacing 28"O.C. PV 2 End F„ 135 psi Top-Lat Bracing Full, x, PV 3 Start �,'=1400000 si Bot Lat Bracing I At Supports PV 3 End Emi„ 510000 psi Member Loading mary Roof Pitch 6 12 Initial Pitch Adjust Non-PV Areas PV Areas Roof Dead Load DL 7.5 psf x 1.10 8.3 psf 8.3 psf PV Dead Load = PV=DL 3.0 sf.A° .,. :" , z 1110'_- Roof Live Load RLL 20.0 psf x 0.93 18.5 psf r Live/Snow Load k-' LL SL12 30.0 psf" ', .-4x'0.7­1 x'O.7 21.0 sf; n_ 21.0 sf Total Load(Governing LC TL 29.3 psf 32.6 psf Notes: 1. ps=Cs*pf;Cs-roof,Cs-pv per ASCE 7[Figure 7-2] 2. pf=0.7(Ce)(Ct)(Is)p9; Ce=Ct=Is=1.0; Member Design Summary(per NDS GoverninLoad Comb CD CL + CL CF Cr D+ S 1.15 1.00 0.98 1 1.5 1 Member Anal sis Results Summary Maximum Max Demand @ Location Capacity DCR Shear Stress 35 psi 0.8 ft. 155 psi 0.23 Bending + 'Stress _.t 393 psi 7- y j 3.3 ft.- ° x m �1509 psi 0.26 " Bending - Stress -491 psi 6.5 ft. -1476 psi 0.33 Governs Total Load-Deflection 0.07 in. L 1100 '"• '=3.4 ft.'_ 0.62'in: 120. . '° `'.0.11 s , .Y + LOAD ITEMIZATION - MP2A & MP3B PV System Load PV Module Weight(psf) 2.5 psf Hardware Assembly Weight s '` - 0.5 sf < PV System Weight(psf) 3.0 sf Roof Dead Load Material Load Roof Category Description MP2A&MP36 Roofing Type Comp Roof-,g . ( 1 Layers)__ 2.5 psf-- .�__ Re-Roof to 1 Layer of Comp? No Underlayment ° "`` . Roofing Paper, 0.5 psf- Plywood Sheathing No Board Sheathing: Solid-Sheathing 2.3 psf Rafter Size and Spacing 2 x 4 @ 28 in. O.C. 1.0 psf Vaulted Ceiling 1 a _ - No Miscellaneous Miscellaneous Items 1.2 psf Total Roof Dead Load 7.5 psf MP2A&MP3113 7.5 Psf Reduced Roof LL Non-PV Areas Value ASCE 7-05 Roof Live Load L. 20.0 psf Table 4-1 Member Tributary Area Ate < 200 sfs Roof Slope 6/12 Tributary Area R n eductio =_= — Rl 1 w Section 4.9 Sloped Roof Reduction Rz 0.925 Section 4.9 Reduced Roof Live Load> . " `N Lr', _ L = Lo(Ri)(RA .,' Equation 4-2 Reduced Roof Live Load Lr 18.5 psf(MP2A&MP313) 18.5 Psf Reduced Ground Roof Live Snow Loads Code Ground Snow Load pg 30.0 psf ASCE Table 7-1 Snow Load Reductions Allowed? .- ,",Yes,, Effective Roof Slope 250 I HorizDistance,_from;Eve to Ridges - W `µ G 112.ft' Snow Importance Factor IS 1.0 Table 1.5-2 Snow Exposure Factor+ Ce x Table 7-2 Partially:Exposed All structures except as indicated otherwise Snow Thermal Factor Ct 1.0 Table 7-3 Minimum Flat Roof Snow Load(w/ " r a �g hf-mm - 21.0 psf 7.3.4&7.10. y Rain on-Snow Surcharge) ..tea x2. Flat Roof Snow Load Pf pf= 0.7(Cj (Ct)(I) pg; pf>_ pf-min Eq: 7.3-1 21.0 psf 70% ASCE Design Sloped Roof Snow Load Over Surrounding Roof Surface Condition of Surrounding All Other Surfaces Roof CS-roof 1.0 Figure 7-2 Design Roof Snow Load Over PS-roof= (CS-roof)Pf ASCE Eq: 7.4-1 Surrounding Roof Ps-roof 21.0 psf 70% ASCE Design Sloped Roof Snow Load Over PV Modules Unobstructed Slippery Surfaces Figure 7-2 Surface Condition of PV Modules CS P� 1.0 g Design Snow Load Over PV PS-PV_ (CS-PV)Pf ASCE Eq: 7.4-1 Modules PS P° 21.0 psf 70% STRUCTURE ANALYSIS - LOADING SUMMARY AND MEMBER CHECK- MP5 Member Properties Summary MPS Horizontal Member Spans Rafter Pro erties Overhang 0.99 ft Actual W 2.00" Roof System Properties ;_.x:S an 1 9.99 ft -',_'.:Actual D Number of Spans(w/o Overhang) 1 San 2 Nominal No Roofin Material ComoRoof- _`S an 3..'n` m �-- 'A: � A0.00 in.A2 Number of Layers(Comp Only) 1 Layers San 4 S 8.33 in.A3 Re-Roof to 1 Layer of Comp? ° No ',t", ,. 'S an 5 ° , '" "`I" 20:83 in.^4_ Plywood Sheathing No Total Span 10.98 ft TL Defi'n Limit 120 Board Sheathing , .Solid-Sheathing PV 1`Start'. 5:08 ft -Wood S eces' "SPF Vaulted Ceiling No PV 1 End 10.58 ft Wood Grade #2 Rafter Slope s ` .37° PV2 Start, m =-F 3 ' -� 1875 psi Rafter Spacing 26"O.C. PV 2 End F„ 135 psi Top Lat Bracing Full PV,3 Start -Z11400000 si Bot Lat Bracing At Supports PV 3 End, Emig 510000 psi Member Loading mary Roof Pitch 9 12 Initial Pitch Adjust Non-PV Areas PV Areas Roof Dead Load DL 8.0 psf x 1.25 10.0 sf •10.0 sf' 3.0' sf, ':'x T.25, u.. N F �3.8 sf., PV Dead Load , ., ,_� _�..°.PV-DL � �" t _ � . Roof Live Load RLL 20.0 psf x 0.75 15.0 psf . Live/Snow toad LL° SL 1'2. 30.0° sf• ; „ x 0.58 x 0.36 17.4 "sf, " ; 10.8 sf Total Load(Governing LC I TL 1 27.4 Psf 24.6 psf Notes: 1. ps=Cs*pf;Cs-roof,Cs-pv per ASCE 7[Figure 7-2] 2. pf=0.7(Q(Ct)(Is)p9; Ce=Ct=IS=1,0; Member Design Summary(per NDS Governing Load Comb CD CL + CL - CF Cr + D+S 1.15 1.00 1 0.90 1 1.4 1 1 Member Anal sis-Results Summary Maximum Max Demand @ Location Capacity DCR Shear Stress 42 psi 1.0 ft. 155 psi 0.27 Bendin + Stress 961. si".1 '6 0 ft.' ° 1409 rpsi; 30.68 a w Governs Bendin - Stress -66 psi 1.0 ft. -1265 psi 0.05 Total Load Deflection' �s x *0.64`in %L 234rv', 6.0 ft. 2.1:25 in: , 120 -�•fi°°0.51""1& . LOAD ITEMIZATION - MPS PV System Load PV Module Weight(psf) 2.5 psf Hardware Assembly Weight s .' $` . a . .n=x, ;777 =0.5 sf PV System Weight s 3.0 psf Roof Dead Load Material Load Roof Category Description MP5 Roofing Type aLL' " _ e . r Comp Roof _ . ,` ` '° (1 Layers) 2.5 psf- - Re-Roof to 1 Layer of Comp? No Underlayment ` '; ' ' ' ,�_ .` < Roofing Paper g 0.5,psf Plywood Sheathing r No Board SheathingSolid-Sheathing ; :_ - _2.3-psf Rafter Size and Spacing 2 x 5 @ 26 in.O.C. 1.3 psf Vaulted Ceiling No Miscellaneous Miscellaneous Items 1.4 psf Total Roof Dead Load 8 Psf(MPS) 8.0 Psf Reduced Roof LL Non-PV Areas Value ASCE 7-05 Roof Live Load L. 20.0 psf Table 4-1 Member Tributary Area : At :. 200 sfs Roof Slope �9/12 Trib to y Area•Reduction w"`.-: -- RI; , ` m 1 Section 4.9 �.- — Sloped Roof Reduction Rz 0.75 Section 4.9 Reduced Roof Live Load =ss Lr s: :' . = -``_° 4= Lo(Ri)'(Rz) a ' Equation 47 Reduced Roof Live Load Lr 15 Psf(MPS) 15.0 Psf Reduced Ground Roof Live Snow Loads Code Ground Snow Load p9 30.0 psf ASCE Table 7-1 Snow Load Reductions Allowed?' Yes . , x. - Effective Roof Slope 370 s . riz Distance from Eve to Ridge ,y a W�� : ' ' 13 8 Ho — _ _ a Snow Importance Factor IS 1.0 Table 1.5-2 Partially Exposed Snow'Exposure Factor Ce r a 1:011 Table 7-2 - Snow Thermal Factor All structures except i 0 s indicated otherwise Table 7-3 Minimum Flat Roof Snow Load(w%.�" fv Rain-on-Snow Surcharge)- """` 21.0 psf' 3.4b&7.10 Pf= 0.7(Cj(Ct) (I) pg; pf? Pf-min Eq: 7.3-1 Flat Roof Snow Load pf 21.0 psf 70% ASCE Desi n Sloped Roof Snow toad Over Surrounding Roof Surface Condition of Surrounding All Other Surfaces Roof CS-roof 0.8 Figure 7-2 Design Roof Snow Load Over Ps-roof= (Cs-roof)Pr ASCE Eq: 7.4-1 Surrounding Roof Ps-roof 17.4 psf 58% ASCE Design Sloped Roof Snow Load Over PV Modules Surface Condition of PV Modules Cs_PV Unobstructed Slippery Surfaces Figure 7-2 0.5 Design Snow Load Over PV PS-PV= (Cs-pv)Pf ASCE Eq: 7.4-1 Modules PS-PV 10.7 psf 36% CALCULATION-OF DESIGN WIND LOADS M --r MP5 Mounting Plane Information Roofing Material Comp Roof PV System Type r ` 1 SolarCity�SleekMountT" � � , Spanning Vents No Standoff Attachment Hardware " _ h; Comp Mount Tyne C+ " t� , Roof Slope 370 . ._,.. Rafter Spacing . `;.w <• >: 4 26"O C y Framing Type Direction Y-Y Rafters J Purlin Spacing• X-X Purlins Only :'` ' u ANA-_Tile Reveal Tile Roofs Only NA Tile Attachment System • Tile! Ro pnl -1'n":, ; a h. .;- ,77NA ' Standin Seam ra--Spacing SM Seam Only NA J « Wind Design Criteria Wind Design Code ASCE 7-05 Wind,Design Method 7 Partially/Fully Enclosed Method , . p Basic Wind Speed V 110 rrioh Fig.6-1 Exposure Catego-- f, 0 Roof Style Gable Roof ` Fig.6-11B/C/D-14A/B Mean Roof Height h } $:, ;, : ,z•. 4 a , M. ,< 25'ft "m�. a 7, Section 6.2 Wind Pressure Calculation Coefficients Wind Pressure Exposure KZ 0.95 Table 6-3_ Topographic Factor e ..`. . ,. , .Krt. a _—Section_ Wind Directionality Factor Kd 0.85 Table 6-4 Importance Factor KK 7I. . : _; •: m 1.0- - r , Velocity Pressure qh qh =0.00256(Kz)(Kzt)(Kd)(V^2)(I)24.9sf Equation 6-15 It Wind Pressure r Ext. Pressure Coefficient U GC -0.95 Fig.6-11B/C/D-14A/B Ext°Pressure Coefficient Down _ ., GC - " _ '' `-0 88- r k Fig.6-11B/C/D-14A/B Desi n Wind Pressure P p =qh(GC) Equation 6-22 Wind Pressure U „ -23.7 psf Wind Pressure Down 21.8 psf ALLOWABLE STANDOFF SPACINGS X-Direction Y-Direction Max Allowable Standoff Spacing Landscape 52" 139": Max Allowable Cantilever Landscape s° ' £"`` 24" _ __ _ _ NA • . Standoff Configuration Landscape Staggered Max Standoff TributaryArea s fi Tribe_° s:14 sf e PV Assembly Dead Load W-PV 3 psf Net Wind Uplift at Standoff"_ .M w.- T_actual� --311 Ibs'x4 . _ _ Uplift Capacity of Standoff T-allow 500 Ibs Standoff Demand/Capacity 7 7 DCR . ° :62.2%_ .L-: = « .i . X-Direction Y-Direction Max Allowable Standoff Spacing Portrait 26" 64" Max Allowable C_ antile_ver' -,Portrait:r =m ; °_ k m ` 17"' q . Standoff Configuration Portrait S taggered Max Standoff Tributa_ry_Area_-_ " Trib 12 sf, PV Assembly Dead Load W-PV 3 psf Net— W lift at Standoff T-actual f __ =259a1bs__ Uplift Capacity of Standoff Tallow 500 Ibs Standoff Demand/Capacityry DCR 51.8%> [CALCULATION OF DESIGN WIND LOADS - MP2A & MP3B Mounting Plane Information Roofing Material Comp Roof a. r PV System_ Type Solarcity SleekMountT" Spanning Vents No Standoff Attachment Hardware Comp Mount TypeC: Roof Slope 250 Rafter Sp _ac_ing Framing Type Direction Y-Y Rafters Purlin_Spaci_ng >X-X-Purlins'Only 'r t ' F NA Tile RevealTile Roofs Only NA Tile Attachment System Tile Ro O Y 8 = @}-NA Standin Seam ra S acin SM Seam Only NA Wind Design Criteria Wind Design Code ASCE 7-05 Win D gr Method _ - _ = Partiall /Fully Enclosed Method Basic Wind Speed V 110 mph Fig. 6-1 a E_x osure Cate o � �.;. �� :�, , ,.'"" � � � .,� . : ,:�;., C A,,y 4�: - --— 6 . _p �_ gry, _Section _ Roof Style Gable Roof Fig.6-11B/C/D-14A/B Se Mean Roof Hei ht h. K :15 ft `` ction 5.2 Wind Pressure Calculation Coefficients Wind Pressure Exposure KZ 0.85 Table 6-3 Topographic Factor .. : ' . K _ 1;00 m " -' ction 6.5.7 - k Wind Directionality Factor Kd 0.85 Table 6-4 Importance:Factor I 1.0T Table 6-1 Velocity Pressure qh qh = 0.00256(Kz)(Kzt)(Kd)(V^2)(I) Equation 6-15 22.4 psf Wind Pressure Ext. Pressure Coefficient U GC u -0.88 Fig.6-11B/C/D-14A/B Ext.'Pressure Coefficient Down GC'" ; '°` *: 0.45 y ' _ c Fig 6 116/C/D 14A/B Design Wind Pressure p p=qh(GC ) Equation 6-22 Wind Pressure Up p„ -19.6 psf Wind Pressure Down 10.1 Psf ALLOWABLE STANDOFF SPACINGS X-Direction Y-Direction Max Allowable Standoff Spacing Landscape 56" 39" Max Allowable Cantilever _ L andscape� - c ° 24" Standoff Configuration Landscape Staggered Max Standoff°Tributary Area . Trib 15 sf.' G r PV Assembly Dead Load W-PV 3 psf Net Wind Uplift at Standoffs T-actual °°a r 4 -270 Ibs $,. < - Uplift Capacity of Standoff T-allow 500 Ibs Standoff Demand Ce aci DCR' 54.00% -74 X-Direction Y-Direction Max Allowable Standoff Spacing Portrait 56" 64" _Max Allowable Cantilever Portrait r .1, 20" NA Standoff Configuration Portrait Staggered Max Standoff Tributary Area •" Triki �25 sf PV Assembly Dead Load W-PV 3 psf Net Wind Uplift at Standoff_ I' T-actual "` g,.5 --450-I1:s « ' Uplift Capacity of Standoff T-allow 500 Ibs Standoff Demand Ca aci : : . DCR' 90.0% . . .,tea � At15 OF ��': CONB40NWEATH OF MASSACHUSETTS �, }} � � �q, Barnstable, ss Trial Court Department Superior Court Barnstable Division ra Civil Action No. 200g0.0623)Ing SUSAN LIMONCELLI, ) Plaintiff ) vs. ) ) '0gl'!O�'�Tq , RUTHANNE GROVER,PAUL E. GROVER 0Q,qY KINLLN, GROVER PROPERTIES, INC., ) �S�tiT s OF AoAy� and AGNES CHATELAIl\TE, ) FqF 9pc l Defendants ) S�FpAsSs)" F9s ti�9 TRIAL SUBPOENA DUCES TECUM Mass.R. C, P. 45 TO:_ Keeper of Records-Town of Barnstable Building I7epartzuent Thomas Perry, Buildiug Commissioner 367 Main Street Hyannis, MA 02601 YOU ARE HEREBY REQUIRED in the name of the Conunonwea.tth of Massachusetts, to appear and give evidence of what you may know relating to the action between plaintiff SUSAN LIMONCELLI and defendants PAUL E. GROVER and KINLIN GROVER PROPERTIES, INC., at BARNSTABLE SUPERIOR COURT, Court House;Building,Main_ Street, Barnstable, Massachusetts 026'30 on Wednesday, Decembez 14, 2011 at 9:00 a.m." and will continue from day to day nnt7.l completed. You are further required to produce on December 14, 2011, the documents:requested in Schedule "A" attached hereto. YOU ARE HEREBY NOTIFIED that failure by any person without adequate excuse to obey a subpoena may be deemed a contempt of the Court in which the action is pending. Dated: December 6, 2011 Attorneys fOT the Defendants Robert S. Ku tner, BBO #281940 1 Christopher Maffucci BB0#64537? r, CASNER& EDWARDS, LLP 303 Congress Street, 2nd Floor Boston, MA 02210 My conunix iRIAPih FloSsl (617) 426-5900 I SETTS CUA Co l E o�n_fr�5. Ui6 Please contact Attorney Christopher Maffucci(telephone 617-426-5900 or cell phone 617-797-3241)on Tuesday afternoon(June 14,2011)to confirm whether the schedulie has changed. 5412.95i52075G r SCHEDULE"A," 1. Each document concerning the property known as 181 School Street;, Cotuit, Massachusetts, including but not limited to accessory structures, gut st houses, guest cottages, permits, building permits, electrical permits, plumbing permits, occupancy certificates, notices, violations, file memoranda, letters, emails and facsimiles. 2. ,.Each document created since January 1, 1980 concerning the property known as 181 School Street, Cotuit, Massachusetts, including but not limited,to accessory structures, guest houses, guest cottages,permits, building permits, clectrical pennits, plumbing permits, occupancy certificates, notices, violations, file memoranda, letters, emails and facsimiles. 3. Each document that is the To An of Barnstable's zoning code in effect on August 9, 2005. Division of Professional Licensure: License.Search. q/ Page 1 of 1 The Official Website of the Office of Consumer Affairs&Business Regulation(OCABR) /) J Division of Professional Licensure �� vs Mass.Gov Home State Agencies State Online Services Home>Division of Professional Licensure> SEARCH ....... ....... ........................._..._... . .......... ... ............ _.............,.. ........ .._.._....... ..._.....:.. .. ... ..... Check A Professional License Office of Consumer Affairs Search By the Division of Professional Licensure LICENSEE ONLINE SERVICES Check a License Name:ALBERT J. RUSSO WESTFORD,MA Locate a Licensed Professional NEW SEARCH Online Address Change Contact the Agency Licensing Board: REAL ESTATE'APPRAISERS' ' _ More... License Type: TRAINEE License Number: 101197 REFERENCES& Status EXPIRED_BEYOND 1 RENEWAL CYCLEMrtmm'_ RELATED INFO Expiration Date: 8/13/2006 T Disclaimer Regarding Website License Searches Issue Date: 6/24/2003 Enforcement Process Exam Date: Glossary School: - Help on License Search More... This web site displays disciplinary actions dating back to 1993. This license has had no disciplinary actions taken during this time. The page above-has been generated by the Division of Professional Licensure web server on Wednesday,October 21,2009 at 3:26:02 PM. 2007 Commonwealth of Massachusetts Site Policies Contact Us Site Map http://license.reg.state.ma.us/public/pubLicenseQ.asp?board_code=RA&type class=TR&... 10/21/2009 IIN / Division of Professional Licensure: License Search Page 1 of 1 ,f The Official Website of the Office of Consumer Affairs&Business Regulation(OCABR) Division of Professional Licensure Mass.Gov Mass.Gov Home State Agencies State Online Services Home>Division of Professional Licensure> SEARCH .................. _....... ....... .._. ......... ..._. ....... ._..... ........... ........ _ .... ........ .... ........................... ... -- Check A Professional License Office of Consumer Affairs Search By the Division of Professional Licensure SEARCH CRITERIA ONLINE SERVICES Profession:Real Estate Appraiser Check a License Last Name:beginning with Russo Locate a Licensed First Name:beginning with Albert Professional State:MA NEW SEARCH Online Address Change Contact the Agency LIC. 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The page above has been generated by the Division of Professional Licensure web server on Wednesday,October 21,2009 at 3:21:00 PM. s ©2007 Commonwealth of Massachusetts Site Policies Contact Us Site Map 'http://license.reg.state.ma.us/public/pubLicRange.asp?profession=Real—Estate—Appraiser... 10/21/2009 oFt ra,, Town of Barnstable r r Regulatory Services * r * BARNSfABLE, MASS. )' Thomas F. Geiler, Director 1639. ♦� '°TEor,,pr" Building Division Thomas Perry, CBO Building Commissioner 200 Main Street,-Hyannis, MA 02601 www.town.ba rnsta ble.maxs Office: 508-862-4038 Fax: 508-790-6230 November 13, 2007 Robert F. Powers, Clerk Magistrate Barnstable District Court Route 6A, PO Box 427 Barnstable, MA 02630-0427 RE: Clerk's Hearing Application No. 0725 AC003211 Susan Limoncelli 181 School Street, Cotuit, MA J , Dear Clerk Magistrate Powers: This office requests to have this case dismissed, since the issues covering the above referenced matter are proceeding to the Zoning Board and a hearing date assigned. Very truly urs, Thomas Perry,CBO Building Commissione EWyn:n &Wynn, PC,,, ' * ATTORNEYS * 300 Barnstable Road August 23, 2007 Hyannis,MA 02601 775-365 Faxx(508)77 5-1244 Via:Hand Delivery and Fax 508-362-0213 1 tp:// w.wy n Robert F. Powers Clerk Magistrate http://www.wynnwynn.com , Barnstable District Court Route 6A, PO Box 427 Elizabeth K.Balaschak Barnstable, MA 02630-0427 ' Kelley A.Doherty Richard A.Martone Kevin P McRoy** Robert F.Mills RE: Clerk's Hearing Application No. 0725 AC 003211 Charles D.Mulcahy John J.O'Day,Jr. Susan Limoncelli Kevin J.O'Malley 1 08 1 School Street Cotuit MA Raymond C.Pelote* ' ' Thomas E.Pontes Michael J.Princi Ryan E.Prophett Rebecca C.Richardson Dear Clerk Magistrate Powers: Janice E.Robbins g William Rosa* Sarah P Schlegel Dina M.Swanson By agreement with the Building Inspector, please continue the Clerk's Andrew A.Toldo Robert Venturo Hearing today for the above referenced case to a convenient date for the Court in John .Wynn Walsh F.Paul November. This is a joint request as we are currently working with the Town to Thomas J.Wynn resolve issues before the Zoning Board of Appeals. Of Counsel Hon.Robert L.Steadman(Ret.) If you have any questions,please feel free to contact me. Hon.James F.McGillen,11(Ret.) William E.O'Keefe Very truly yours, Admitted: *Massachusetts and Rhode Island �t 7 n **Massachusetts and New Hampshire VV 1. Mi hael J. P c MJP/km.1 enclosures cc: S. Limoncelli T. Perry, Building Inspector E:\MJP\LIMONCE\DistCrt.wpd Affiliate Office: Raynham 90 New State Highway•Raynham,MA 02767 9 (508)823-4567 Aug-30-2007 10:24am From-WYNN & WYNN 508-775-1244 T-377 P-002/002 F-269 Wynn • ATTORNEYS • 300 t3arnmi ble Road AUgUSL 23, 2007 Hyannis,MA 02601 Fa-8S0h) 775,1244 Vk Far 508-790-6230 1 (800)899_3003 hRp://www.wynnwynn.%:om Thomas Perry Building Inspector Town of Barnstable IiLtaherh K.A�il.tsdrlk k,u,r n. ),.nervy 200 Main Strect Rich,4 A.M:,,�„n,• Hyannis, MA 02601 I\C'Y In I�Ml:i llly4 p. . IZl�l41T!:Mlll. Olby,Jr. RE.- Mra istrate Hearin Kevin 1.LTM.,IL:y Rayinolid(:.1 il.n: Susan Limoncelli M ich:,al J.i 5 u,.i 181 School Street, Cotult, MA Rulw'-'lC'.RiC10111,111 r Application, for Building Permit j"I"we R.IL.bhil,b Wllh.an fhto.r� S:Irah r.Srhl'hel Dear Mr. Perry: Dun M.Stv.,n•m An.1n•w n.T dt10 1,41i"'�`i:iki) The Magistrate he scheduled h,h„A.W:,6•I, g for today has been rescheduled for Paul F.Wynl, November 15, 2007, Theme,J.Wynn QEQ! If you have any questions,.ple'asc feel free to contact me. Hon.R.ihviL I..Src:j1 an(Rea) H•,n. n,',1%IVIfa:Illen,II(Pei.) Wilhn L•um E.O'lu•eR• Very truly you s, Ad ,irt.,i ti.,,a,;I aarr n,l I ha,h 14:1nd W & C. . MJP/kml 1c ae1 J. r n 1 enclosures cc: S. Limoncelli E:1MJP\LIM0NCE\1'ERRY2,WP0 G__) 0\ CA) CO k C�) fi , J 4 t— Co Affiliiitr O(Grr. R,tynham 90 Nrw Slarc iiikhway •Raynhal,,,MA 02767 • (508)82.3,4567 7iec Aug-30-2007 09:50am From-WYNN & WYNN 508-775-1244 . T-374 P.002/002 F-264 —0- Wynn &Wynn, PC, ' ATTORNEYS • 300 Barnstablc Road August 23, zQQ I�yannis,MA 02607 (508)775.3665 Fax 8) 44 I (600)d9t9-3003 pia:Hand Deliver ad Fax 508-362-0213 "ttP://www.wynnwynn.cont Robert F. Powers, Clerk Magistrate Barnstable District Court 01 FlizaRoute 6A, PO Box 427 K-11c erh K.Ke,tyBulas hak Barnstable, MA 02630�0427 Kdlcy A. .Msrco Richard A.1✓IflrCGne Kevin P.M Rcy*- Robert F.Mill., RE: Clerk's Hearin A licatinn Nn. 0725 AC 0032X1 1 C♦7arks D.MulcnitY John),O'D y,J,- Susan Limoncelli Kcvin J.O'Mallcy Rayrnond(-,Pelnrc< 181 School Street, COtult, MA Thomas E.Ponces Michnrl).Pnnci Ryan E.rrophert Rebece8 C.ILGhardson 1unice,G.Rnhbhta Dear Clerk Magistrate Powers: William Rom, Sarah P.ichle���l Dina M.Swanson Andrew A.Toldu By agreement with the Building Inspector, please continue the Clerk's Ruben:Ventura Hearing today for the above referenced case to a convenient date for the Court in John A.V'/;lelr Paul F Wynn November. This is a joint request as we are currently working with the Town to Tl,omns),Wynn resolve issues before the Zoning Board of Appeals. lion.Rohen I_.;(E jllmnn (R ! Hon,James F.McUIllut,II(Rct.) If you have any questions,please feel free to contact me. William E.O'Nuf. Adntirtal Very truly yours, `Maxnch-um and khod.Ishin l "^Mnan.rchuarrx and Nc..Hampshir ,sY rr/I) Z y�MJP/kml i hael r enclosures cc: S. Limoncelli T. Perry, Building Inspector EAMJ P\L[MONCE1DislCrt.wpd a0z Affiliate Orficc.. Ruynharn - 90NeStarrigway 6 Raynhmn,Mn 02767 • (508)823.4567 Wynn &Wynn, P.C. • ATTORNEYS • 300 Barnstable Road August 21, 2007 Hyannis,MA 02601 (508)775-3665 Fax(508)775-1244 Via:Hand Delivery ^ 1 (800)899.3003 http://www.wynnwynn.com Thomas Perry i Building Inspector Town of Barnstable ' v� Elizabeth K.Balaschak Kelley A.Doherty 200 Main Street Richard A.Martone Hyannis, MA 02601 U., Kevin P.McRoy** �+- ::9 is� Robert F.Mills Charles D.Mulcahy John J.O'Day,Jr. RE: Notice of Appeal ol'Decision of BuildinglnApector , � Kevin J.O'Malley t "i r'l Raymond C.Pelote* Susan Limoncelli Thomas E.Pontes 1.81-School-Street-Cotuit>-MA Michael J.Princi Ryan E.Prophet[ Application for Building Permit Rebecca C.Richardson Janice E.Robbins Williamrap P.Schlegel Dear Mr. Sarah P.Schlegel Perry: Dina M.Swanson Andrew A.Toldo Robert venture In response to your letter of August 6, 2007 concerning the property located John A.Walsh Paul F Wynn at 181 School Street, Cotuit, MA owned by Susan Limoncelli (copy of Deed Thomas J.Wynn attached), I respectfully request that you forward this letter and accept it as an Of Counsel appeal of your decision of August 6, 2007. Hon.Robert L.Steadman(Ret.) - Hqn.James F.McGillen,11(Ret.) William E.O'Keefe Attached for your reference is my letter of May 29, 2007 outlining the compelling the reasons why the property should be considered a multi family use pursuant to Ch 40A §7. In requesting this appeal, I also request that your office Admitted: r make a continuing search for records, which apparently have been misplaced or lost *Massachusetts and Rhode Island **Massachusetts and New Hampshire concerning the prior building permit activity on the above captioned parcel. It is my belief that the information contained in those files would support Ms. Limoncelli's position. This letter will serve as formal notification pursuant to M.G.L. ch. 40A, §8 and Town of Barnstable Zoning By Law § 240-125 of our Appeal of your decision denying a building permit as requested in my letter of May 29, 2007. If you should require any additional information, please feel free to contact me. I respectfully request that you forward this matter to the Zoning Board of Appeals for Hearing on the earliest available date with a preference after October 3, 2007. It is my understanding that there is no filing fee nor will Ms. Limoncelli have any responsibility to deliver a assessing records for purposes of notification. Notification will be handled by the Zoning Board of Appeals consistent with the ZBA rules and regulations. Affiliate Office: Raynham 90 New State Highway 0 Raynham,MA 02767 • (508)823.4567 Also, please continue your application for criminal complaint until at least until after the hearing on the Appeal. If you have any questions, please feel free to contact me. Very truly yours, W P.C. l J.MJP/kml enclosures cc: S. Limoncelli E:\MJP\LIMONCE\PERRY2.WPD L RESIDENTIAL BUILDING PERMIT FEES r , MPLICATION FEE New Buildings $100,00 Residential Addition $50.00 ' Alterations/Renovations $50.00 ' Building Permit Amendment S 25.00 FPE VALUE WORKSHEET NEW LIVING SPACE square feet x$96/sq,foot x.0041= plus frombelow(if applicable) ALTERATFONSI NOVATIONS'OF EXISTING SPACE square feet $64/4q,foot= x.0041= plus from below(if applicable) GARAGES(attached&detached) square feet x$32/sq,ft,= x,0041= ACCESSORY STRUCTURE>120 sq,ft, ; >120sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00• >1000 of- 1500 sf 100.00 >1500 sf-Same as new building pe=dj- ______,square feetx-$96/sq.foot= x.0041= ' STAND ALONE PEBMiTS Open Porch x$30,00= (number) Deck x$30.00= ' (number) Fireplace/Ch9irin?Y x$25.00= (number) Inground SwimuningPool $60.00 ° Above Ground Swimming Pool S25,00 Relocation/Moving S150,00 (plus above if applicable) Permit Fee Prajcast - Re,463004 °FVE�o Town of Barnstable P Regulatory Services * sAWMASS. ainsa « Thomas F.Geiler,Director y � � . �A 1.639. r6p MA+a Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal, demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: Estimated Cost Address of Work: Owner's Name: Date of Application: I hereby certify that: Registration is not required for the following reason(s): []Work excluded by law E]7ob Under$1,000 OBuilding not owner-occupied Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. Date Owner's Name Q:forms:homeaffidav • + G�\ A JLG VV//LJJLV/L lY GL1.i/.JL V•f lI1H.OJLfWL.JL LLJ GLLV �p• • Department oflndustrial Accidents . r Office of Investigations ' d 600 Washington Street' . �' Boston,MA 02111 www.mass.govldia Workers' Compensation bisuroace Affidavit: ]builders/Contractors/lEldctricians/Plumbers Applicant licant Information Please Print Lelzibl Name(Business/Orgenization/Individual): . •Address: City/State/Zip: Phone:#: Are you an employer? Check the'appropriate box: general contractor and I Type of project(required):. . 1.❑ I am a employer with - 4. ❑ I am a g employees(fall and/or part time). have hired the stab-contractors 6..❑New construction . 2.[] I am a'sole proprietor or partner- listed on the-attached sheet. 7. XRemodeling ship andhave no employees These sub-contractors have g, ❑Demolition' working for me in any capacity. employees and have workers' t 9. Building addition [No workeis' comp.insurance comp,insurance. 10.❑Electrical re airs or additions required.] 5, ❑ Vice are a corporation and its p officers have exercised their '3.k I am a homeowner doing.all work 11.❑Plumbing repairs or additions - �n sel£ o workers' co ► right of exemption per MGL y and we have no 12.❑Roof repairs c. 152 insurance required.]t '§1(4), . 13:❑Other ' employees. [No workers' comp.insurance 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 anew af6davitindicating such. 1contractors that check this box must attached an additional sheet sbowing the name of the'sub-contractors and state whether ornot those entities have employees:If the sub-contractors have employges,they must provide their workers'comp.polidynumber. 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 Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to-the Oft ce of Investigations of the Mk-for insurance coverage verification. I do hereby certify der t an4pralties of perjury that the information provided above is true and,correct,, Si ature:. Date: Phone#: Official use only..Do not write.in this area, to be completed by city or town offrciaL City or Town: Permit/License# Iss-,iing 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#: Infor ation and In auctions 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 erployer 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 Teceiyer or tr�c ee of an individual,partnership association or other legal entity, einploying employees. However the owner of a dwelling-house having not more than tbree 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 bedeemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or.local licensing agency shall withhold the issuance or renewal,of a license or permit to'operate a business or to construct buildings in the commonwealth for any applicaut-who has not.produced,acceptable evidence of compliance with the insurance coverage required" Additionany,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 un�•acceptable evidence-of compliance with the insurance requirements of43is chapter have beenpresented'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-contractors)name(s),addresses)and phone number(s) along with their certificate(s)of insurance. Limited Liability Companies(LLC)of 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. B.e 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.oplicense 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-insurance 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 Eli 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)anti 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 to any business or commercial venture (i.e, a dog license or permit to brim leaves•etc.)said person is NOT required to.complete this affidavit. The Office of Investigations would like to thank you in advance for your.co operation and should you have any questions please do not hesitate to give us a can. The Department's address,telephone-and fax number- r Tlie Camm¢a Z1th Of Massacl=-tts Dgpazment of ladastrial M6,d its' Qf cc of Irvestipti ns • ����ashi��0�Street Boston,ILIA 0.2111 TeL 617-727-490.0 ext 446 ar 1-9 7-MASSAFE Fax W 617-727-71 749° Revised 11-22.06 • v�w.iaass.g��t�dla • Town of Barnstable,, OF OFFICE OF TOWN ATTORNEY �t_ ° l ` 367 Main Street Hyannis MA 02601-3907 RUTH J. WEIL,Town Attorney Tel.#: 508-862-4620 T DAVID HOUGHTON, 0 Assistant Town Attorney Fax#: 508-862-4724 CHARLES S.McLAUGHLIN,Jr.,Assistant Town Attorney CLAIRE R.GRIFFEN,Paralegal/Legal Assistant PAMELA D.GORDON,Legal Clerk Inter-office Memorandum To: Tom Perry, Building Commissioner From: Ruth J. Weil, Town Attorney 1 Date: February 10, 2011 Subject: Limoncelli v ZBA and Town of Barnstable Our File Ref: 2008-0035 Attached please find original date-stamped Request for Electrical Inspection at the. 181 School St.,Cotuit site,with respect to the Limoncelli trial which is now over. We shall keep you advised of all further developments and forward to you the . Court's decision as soon as it is received. Thanks. j RJW:cg Atchmt. - [20080035\memotoperryworigrgstelecsrvcdtd021704-021011] FEB-12-2004 03:15 FROM:KIMBALL T0:15337906230 P.2/2 Town of Barnstable Regulatory Services t Thomas F.Cellar,Director; FEB 13 AM e HAM Building Divisiony Tom Perry,Building Commissioner 200 Main Street,Hyannis,MK02601~_,F-t--- 05 Office: 508-862-4038 Fax: 508-790-6230 REQUEST FOR ELECTRICAL 0SEEMON EL MUCAL PERMIT NUMBER 7 r (Petusit re4uind in order to procces bupcction) ?oday's Date lj Requested Plate of Inspection O I, 1 /j'7Q/� r!i hereby request an inspection under Massarbusetis Qcurd (Electriciaxj /G'�c-u Law chapter 143,eection 3L and 237 CMR 4.02(3). The lustallation is complete and ready for inspection at /T9 �V��'� e507Ztw 7 (Property Location) Type of inspection requested: ❑ Temporary Service ❑ Service Re-inspection ❑ Excavation ❑ hough Re-inspection �ervice Inspection ® Final lte-inspection [] Rough Inspection for ❑ Final Lzpcction for ❑ Other Owner or tenant �,�� C�-gavelL — - Licensee's name,addresa,and phone License number_�31� � Licensee's Signature This section to be colnplet d b rnstab a Inspector of Wres Inspection date FEB 16 2004 Prove ❑Not Approved J . This work was not approved for violation of the following Articles and Sections of the MA Electrical Code; y .. monwealth of Massachusetts official Use_ om C o� 'C Department of Fire Services Permit No. P BOARD OF FIRE PREVENTION REGULATIONS Occupancy and Fee Checked [Rev. 11/99] eave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code ,527 CMR 12.00 RINT IN INK OR TYPE ALL INF RMATI0 Date: C( 0�( (PLEASE P • City or Town of: Barnstable C ur To the Inspector of Wires: By this application the undersigned gives notice f his or her intention to perform the electrical work described below. Location(Street&Number) $ �c, jut c� Map �.0 a� Parcel Owner or Tenant _ �u'��; A�0 G(w0—a— Telephone No. Owner's Address Sf�,6"\,L - Is this permit in conjunction with a building permit? Yes ❑ No (Check Appropriate Box) Purpose of Building Utility Authorization No.'s I IE Y 9 7 V I,Xlsting Service Amps / Volts Overhead❑ Undgrd❑ No.of Meters New Service _�_ Amps 110 / 2ZJ Volts Overhead© Undgrd❑ No.of Meters �_ Number of Feeders and Ampacity SQ nv e cz Location and Nature of Proposed Electrical Work: _j r,� �r` (Q �p PJ �v e�. J��'E �UUSe Completion o the oliow' !able ma be waived b- the Iris ector o Wires. o.of Total No.of Recessed Fixtures No,of Cell.-Susp.(Paddle)Fans Transformers KVA No.of Lighting Outlets No.of Hot Tubs Generators KVA o.o EmergencyLighting No. of Lighting Fixtures Swimming Pool cnd e ❑ rnd: ❑ Batte Units No.of Receptacle Outlets No.of Oil Burners n1niflyatin S No•of Zones on and No.of Switches No.of Gas Burners Devices Total Devices No,of Air Cond. g No.of Ranges Tons eat ump u er_Tons o.of Se onta e No.of Waste Disposers Totals: �` I I Detection/Alerting Devices S ace/Area Heating KW Local ❑ uructpa ❑ Other No.of Dishwashers P g Connection Hting Appliances Kw Security Systems: ea No.of Dryers No.of Devices or E uivalent 0.0 ater KW No,of o.of Data Wiring: Heaters Si ns Ballasts No.of Devices or Equivalent Telecommunications iring: No.Hydromassage Bathtubs No.of Motors Total HP No,of Devices or Equivalent OTHER: Attach additional detail if desired, or as regcired by the 1►upectar of Wires. INSURp,NCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the per issuing office. CHECK ONE: INSURANCE ® BOND ❑ OTHER ❑ (Specify:)C00w,il: `ems ��°(Expiration ato) Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with NEC Rule 10,and upon completion. I cetlify, tinder the pains and penalties of perjury,that the information on this application is true and complete. FIRM NAME: ', LIC.NO.: Licensee: �}�OMPS l�� �ntiJ�k Signature —t�LLIC.NO.: C:�/(3G (If applicable,enter "ezem t"in�license umber line.) Bus.Tel.No.:. ,gEa-16 Address: y ��,e` t' � Alt.Tel.No.: OVMR'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑owner ❑owner's agent. Owner/Agent Wn PERMIT FEE, $ sum BARNSTABL E `SOWN OF BARNSTABLE Zoning Board of Appeals •06 DEC 20 P 1 :49 Application for a Variance Date Received For office use only., Town Clerk's Office: Appeal Hearing Date Decision Due The undersigned hereby applies to the Zoning-Board of Appeals for a Variance, in the manner and for the reasons set forth below: r �•'r'a8.�6Ta1S Applicant,Name: , Phone: cV03.Xld G�6i&�� Applicant Address: Property Location: � Property Owner. , Phone: Address of Owner. If applicant differs from owner,state nature of interest.r Assessor's MaplParcel Number. QO Zoning District: Number of Years Owned: Groundwater Overlay District: 4211/E Variance Requested: �7v JYC fPJ Cite Section&Title of the Zoning Ordinance Description of Activity/Reason for Request: 141 Attach additional sheet if necessary Does the property have any existing Variance or Special Permit issued to it? f Vo Permit No.: Vv\0 If the applicant differs from owner,the applicant will be required to submit one original notarized letter,copy of a proposed purchase&sales agreement or lease,or other,documents with the application to prove standing and interest in the parcel or structure. y Parcel Detail. Page 1 of 3 I' fa r y-i''�5"x {s+ tsi�. `�'.rf c'x., �1; {� k• x •ia'.Lc^'r y'u ¢S f e`e f �'-'--`~fa r {x.III. Y2 t _ '. ,,�✓ -' Logged In As: Wednesday,Octob, Parcel Detail Parcel Lookup Parcel Info Parcel ID 020-090 Developer`L'OT 45 Lot' Location 181 SCHOOL STREET 1 Pri Frontage 100 Sec Road; Sec - Frontage Village`:.COTU IT E Fire District COTU IT Sewer Acct I Road Index 1433 ti Interactive Map t ? b Owner Info owner LIMONCELLI, SUSAN Co-Owner rf --- ._-- --- Streets 181 SCHOOL ST Street2 ` } z City:COTUIT State;MA zip U 5 Country ► Land Info Acres 0.60 use Multi Hses MDL-01. zoning RF Nghbd 0108 �� . . Topography:Above Street Road Paved Utilities Public Water,Gas,SeptiC Location Construction Info Building i of 2 Year: Roof ----- _...._: Ext 1 ---- 910 Built Struct Gable/Hip Wall Wood Shingle ___ _._. Effect. - Roof - -- = AC q Area :1759 - _! Cover Asph/F GIs/Cmp Type,None' t 'Style Conventional Int Plastered Bed '4 Bedrooms nm Model Residential - Int 4 Batty 1*1 Full + 1 H ' Floor Rooms _ Heat Total Grade'Average Plus :Hot Water Rooms 9 Rooms T . ype httn://issal/intranct/-Drondata/ParcelDetail.aSDX?ID=917 10/25/2006 Parcel Detail Page 2 of 3 FueHeat--- ---- ----.. Found 1 --- - -- <- Stories,1 1/2 Stories Gas ation Br l ick Walls a Building 2 of 2 - Year j - - --- Roof i-- --- ---- Ext --- - -- 1965 Gable/Hip Wood Shingle Built . Struct - Wall Effect _._.,_ - Roof -- _ --- -- AC Area 600 _ __ Cover;Asph/F GIs/Cmp Type None 4. F style Cottage. i Int ZDrywall Bed z 1 Bedroom -- Wall Rooms In -- -- ---- --- Model Residential { Bath i 1 Full Floor!--.--- Rooms - I Heat Total - Grade Average Plus •Hot Air .. 3 Rooms ak�Rs Type< _ Rooms k .- _. _... ._ M__.__ .................. Heat .... " ...�, Found __ Stories 1 Story Fuel Gas ation Conc Slab Permit History —_ Issue Date Purpose Permit# Amount insp Date ComIT 12/8/2005 New Roof 88946 $3,500 1/6/2006 12:00:00 AM 6/1/1989 B32976 $1.0,000 ' 1/1.5/1990 12:00:00 AM CO AC 4 •- Visit History: Date Who Purpose 3/31/2006. 12:00:00 AM Paul Talbot Drive by inspection only 1/1/2006 12:00:00 AM Martin Flynn _ Mea./List Bldg Permit Only. 10/18/2005 12:00:00 AM Gary Brennan Meas/Est 3/30/2005 12:00:00 AM Paul Talbot Drive by inspection only 9/5/2002 12:00:00 AM Paul Talbot Meas/Listed 9/5/2002 12:00:00 AM Paul Talbot Meas/Listed : 5/27/1999'12:00:00 AM Frederick Stepanis Meas/Listed 2/15/1990 12:00:00 AM ME ^Sales History... -- Line Salle Date Owner Book/Page Sale P 1 8/41/2005 LIMONCELLI,.SUSAN 20147/244 t..++....!!:A t QcnV9TTl—Q17 i nip siMn1� Parcel Detail Page 3 of 3 2 10/24/1997 GROVER, RUTHANNE 11024/007 3 12/15/1993 GROVER, RUTHANNE &PAUL E 8921/161 4 GROVER, RUTHANNE 2342/133 - Assessment History _.__•_- . __-;.- -.._.____ Save# Year Building Value XF Value, OP Value Land Value Total Parc( 1 2006 $173,600 $4,800 $1,000 $227,400 ` 2 2005 $160,800 $41600 $1,000 $151,600 3 2004 $139,000 $4,800 $1,060 $151,600 4 2003 $111,200 $4,800 $1,000 - $79,200 5 2002 $111,200 $4,800 $1,000 $79,200 6 2001 $111,200 $5,000 $1,000. $79,200 7 2000. $101,700 $4,400 $500 $4.7,900 8 1909 $99,800 $4,700 $0 $48,000 9 1998 $99,800 $4,700 $0 $48,000 10 1997 $101,400 $0 $0 $47,900 • ; 11. 1996 $101,400 $0 '$0 .$47,900 12 1995 $101,400 $0 $0 $47,900 13 . 1994 $102,800 $0 $0 $53,900 ; 14. 1993 $102,800 $0 $0 $53,900 % 15, 1992 $117,000 $0 $0 $59,900 16 1991 $129,600 ...$0 .$0 $63,800 17 1990 $118,900 $0 $0 $63,800 18 1989 $118,900 $0 $0 $63,800 19 1988. $73,100 $0 $0 $40,600 20 1987 $73,100 $0 $0 $40,600 21 1986. $73;100 . $0 $0 $40.600 Photos t T LL h+f;.•//;obnl/;ntr-2naf/nrnnrjafn[Nrl.pmf-..tgiI ACny9TT)=9I I 10I25I2006 �.,, _ �, v: Y. 4 - .,- r. ,.. ,..�«,. -ems -, x .. ,- . 9y l=tle �cirt T4als P ,, , ,.. _ . t , h: 1�,a. . , r 1�kI.Z1."i,�fi�Ef�3��I t1Iv,I."It_It1f1,��1y�"�V;J1�i"I,-,=f�1�',I�,-_'',,1�",_,,_,.,I����,1,I�,",'_,��-1'I-�,�1�--�,."�I L;, + ' ��I"1"�,1�I...,,,,,-1',I,,,',,,��I''.:1:�IlI.1_,I r,;1�I1,-,�,�L�lI,;��,it�,'�,�,_I,_L���1,I�,�,�;:,jI��"LII—,_�,1�i,�.L;,4,I_�"I-�_,�,q _lI,I:�I l L�,.-�,,I 11 l,I-ilI[I,',,I III1,,-I��'.I,1�� IL I,1 i l etal� $ 1 13G�nt:'s. r d ,.:& t $ ' Yam,w. .'ear^? w, i. �,�I"�j�L' ,. tat13S --- C�9MPLET&`' �`� : Coded �,• _, §,_ �.. ` g' ._ ,< - . i a' - laepwtment. -, 6300 BUII_DI.NG�DEP'ARTlti] N -: , r � - l4setler G , ,. edlActr ,r. . 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P :.PRICE - PRICE ACRES/UNITS VALUE Description � �� � � +� �- PAUL :.,E ' MAP.- ' FF-De th/Acres E CARDS IN ACCOUNT BATHS`: 1 .0 : . U X L C= 100 : 3500.0 350(),D ':: 1 .00 3500 '8. 02 OF 02 - . q NO HS MT .. S X . r. 100 7.85 7e 85 . GOO :: 4700 O:- QST':: ' ,.. MARKET ° 12430Q N D INCOMEJSE _ q ; PPRAISED VALUE D p 1491300 A PARCEL . SUMMARY U d . T AND 47900 S _ q, LDCS 101400 T M — IMPS E :. TOTAL :. F CNST N - E .'.' .: DEED REFERENCE Typla �IDATE° -Recwdud RIOR�' Y.EAd ` VALUE. - Ins Sales PrioaqT Book" Page : Yr.�fJ AND '` 47900 T i " LDBS 101400 U - TOTAL 149.3iJi�. R -. I I - E BUILDING PERMIT S` Number-.. Date .Type, Amount A R .L V i>fof C R :I V s s • LAN D— .A L DJ. INCOME SE SP-BLDS` FEATURES BLD=ADJ,S UNITS 'A Const. Total Vea,Built Norm. Obsv. .M Fix. •Partywpll l=ac. Class. llnrts Units Base Rate Adj:Rate A Age Depr:. Cond. -CND ,Loc Mo R G -..Rapt Cost New Atll Repl Value: Stories Height Rooms Rms Baths 01 C 00 0 ': 100 ; 100 62,90 :' b 2 `90 S 5.;:' 5 fi 29 15G. 100 66 365 A . 2410�' 1,.0 1:�? 4,tt Description Rate .Square Feet �Repl.-Cost -. .MKT. INDEX: 1000. : IMP.BY/DATE: 14 E : 2190 SCALE: -1/00—92 ELEMENTS - CODE CONSTRUCTION DETAIL S -BAS : 10t3 , 5.2.90 b0t : 3774I . 6 t3SS ARE; t5 S.II GtE FAHiLY DWELLING : CNST ��,DO . -- T _ - ------------- --- ------ --- -------- - (3,0 TY1:E 0� OTTA.6E " R: - -- ---- - --- -- -- -- -- -- -- XTE R.WALL ST 11 OOD `.S.HINGLE S 0.0 C - - - - -- ----- 00 T # EA-_------- -- - -------- ------- - NTERMFTNISH 04 RfiALL O 0 T - - - - - - --------- --- ---------------.- ----- Ub. - - - ----------- --- - --- ---- ---------- E€I�iIUALTY 02 AME .AS 'EXTER,. 0*.0 . fL---- STRUCT 04 ONCRETE'' StJIH fl. l :.. W 30 BASE .. 30 E LOfl.i COVER 34 0_0ET --- D 00 L i - Y1 ---------- -C--t-t ----- .�0 E Total Areas Aux - Base 9,J1 ABLE ASP}{ SN-.� - -- - ---- BUILDING DIMENSIONS - - --- -- Q.T . -- - - - ---- 0.� : ._ BAS W20 N30 . E20 S30 OU l A7IU i t�3 ONCRETE SLAB -- -9 9 q -- ------ - --------------- - - ---------------- L LAND TOTAL ` MARKET. ' PARCEL AREA : . yARIANcE +0 #.0 . PROPERTY ADDRESS ZONING DISTRICT CODE SP- DISTS. DATE PRINTED I STATE pCS NBHb PARCEL IDENTIFICATION NUMBE KEY NO. ' _ ------� CLASS _181 ,% SCH00L ' STREET 01 : RF 20�3 DIET . �- 07/09195, 1011 :: 00 03AS R020 . 090. 8592 :. -'LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T - Y UNIT ADJ'D. UNIT ACRES/UNITS VALUE Description GROVERf.=1 �}T}'HANNE` �i " PAUL ' E. MAP- u By/Date" Size Dimension LOC./YR.SPEC.CLASS ADJ. :COND. PE - PRICE PRICE �,. CD. FF-De ih/Acres #LAND . 1 470900, CARDS IN ACCOUNT - 11) 1i8LDG.SIT .: 1 X .60 =100 133. - 59999.9 7:9799.,99 .60 47907 #31 D (S)--C A2D=1 1 77.300 01 `. of t12 .r31 D A GIS?-CA1RD-2 24..100 :.: N BATHS . 1 .1 U X " C 100 6000.0 ..600G.00 1 ..00 . 6000 13 #PL SCHOOL : ST : COT ° .ARKET ' ' 72430E .. D FIREPLACE U X ' '. C= „: 100 :3100 O 3100.D�3 :, 2.00 : 6200 :.B #DL LOT 15 INCOME , : 4 R R 1433 0100 SE D PPRAISED ' 11ALUf D : 149,300 A U RC.E.L' SUMMARY T S AND. 47900. A LDGS 101.400 T ; M OTAL 149300 F E CNS7 ' N E DEED REFERENCE Ty I DATE' Rsco.ded R f1a 0R` YEAR . VALUE :.14 T ... ..,. - Page Ins MO. Yr.D.. Sales Prig .. �: ` .A i7 :. .. �':47900 Book S. 8921l161 TI112 9 T J / 3 F '!M LDGS 101400 2342/133'• Bono OTAL 149.300 E �. BUILDING PERMIT .S " � �' .Number Date Type ,. .Amount LAN LAND-ADJ INCOME SE ,P-BLDS FEATURES ' SLD-ADDS UNITS 47900" - 122 ?D 832976 6/89 AD :; 10000 .. Const. Total - .. �B I Norm: Obsv. - . .. _. .. _ Units units Base Rale :Adj..Rate A 1- Age. Depr. Cond. CND: Lc 4b R.G Fepl Cost New Adl,.Aepl Value -Stories Height Rooms Rms Baths :Rfix: .ParlywAll Fac. - .. - - - 74-. 104.462 77.300 . 1 ' 01C+ - 000 100 . 100; . -�63,30_ .63.30 10 70 24." ?4 ' .7fl0 .5 9 4 ': 1.1 ° 6.0 Description Rate Square Feet -Repl.Cost MKT. INDEX: 1 a.00 IMP.BY/DATE. `.-HE... 2/ 7 SCALE. � � � �` ELEMENTS AIL..CODE CONSTRUCTION T -O DETAIL.BAS <. 100 .: 63.30 61.1 3$S7s5 P S. FOP .- 35.- 22 .16 280 -6205 ,t,_22__* - TYLE 10DLD :STYLE D�0 T FSF 90 . 56.97 . 494 28143 ------- ------- D16E iD 16ESIGN'AIdRT _U0 R ... _ - i-11-LS ._- :-T T A0-S0=0W-AR7i�Ti' OAL I t-S.--FWD : .85 8.50 352 . 2992: KT .0 TYPE-," TTTlAC 2 .5 b2 C -- ---- .- - � _ - 0 . . < T ; R F1:W1 S 1C 75 ------71:0 "FSF � " AT .: FLAYOClT T2 i/1= 7161 �111 `--•-t1�0 L iT 7��C-i V T2 ft / 14 4� 7T 26 - -�26 . '.NT:c K.QU_ i..T! _U:L .I'f �-A- _E.i�TYR.a R - - -- - - -- -- MAX -- - ' .0 A _ -- - ---------- - C0 3 .STR1JtT Q2 3� 301 S11 p - .. TT.Q E COS OVER ' �1• 7►�d D1iD�}-D .. L - - F,32 . . 1105 # --16-*-- O0_F-TYPE 77T _AUEE;- 5PH '3'H- WO E Total Areas Aux = Base = - g -�•- BUILDING DIMENSIONS I1�1 -- A$ ------- - i ,..T BAS .W21 '.. FOP .E20 :S07 -W27 ': N20 E07 t i -- - - - ----.- CEZTR OU ATT 1 04 Rrtg- �ACLS '9��9 A S13 i.. 8AS : N13 W 3.5 'N13 : FSF . >a03 *7-* : BASE ;. 26 - ----------- - -- - ---"----------------- N26 E19: FWD N16 .:W22 S16 E22 ' � , .'! 3 : . ---NEIG#1'BORH 13- #73-aH,-CVTii2r:--------„" FSF :S26., W16 . .. BAS" E26 - S26. T 2 LAND TiJTA1 ' . MARKET 815 N2. W26 S13". BEDS S13 "E21 : .� , - *-21--X PA#tCEL 47900 149300 - _ * . -.FOP__ --* AREA 4439 : VARIANCE 1 +0 +3263 STANDARD. 25. ' oFtNE A Town of Barnstable Regulatory Services BARNSTABLEKAM ' * Thomas F.Geiler,Director, 9�p i639. `fig' A rEn�r Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4024 Fax: 508-790-6230 September 23, 2005 Ms. Susan Limoncelli 181 School Street Cotuit,MA 02635 RE: 181 School Street Cotuit Ma 02635 Map 020—Parcel 090 Dear Ms. Limoncelli This letter is to inform you that you currently are in violation of Barnstable Zoning Ordinance 240-14 (A). You must contact this office by October 7, 2005 to arrange to bring the above address into compliance or be subject to fines of no more than$300.00 per day of non-compliance. Thank you for your attention in this matter. By Order, 0 !L* dson Amnesty Zoning Enforcement Officer Building Department Q:zoning5 Page 1 of 1 Perry, Tom From: ALBERT RUSSO [ajrusso1 @msn.com] Sent: Wednesday, October 19, 2005 12:00 AM To: Perry, Tom Cc: David Burgess; Susan Limoncelli Subject: 181 School St, Cotuit-- Plans/Status Thomas Perry Building Commissioner Town of Barnstable 200 Main St. Hyannis, MA 02601 Tom, thank you for your consideration with respect to the zoning problems we have inherited with the purchase of our home at 181 School St, Cotuit. It is much appreciated. You requested a letter describing where we are with the longer term issue of what we want/can do with our property. As of today, Tuesday, October 18, we had an initial telephone discussion with attorney Michael Ford of Harwich about the dilema we find ourselves in at this time. After giving him a brief summation of events from the receipt of the initial letter from the town until now, he asked that we provide him the various documents we have for his review. We agreed to then set up a meeting to discuss the options that he might see available" based on his understanding of the situation. . We will be getting the documents to him tomorrow and I would expect that we will be able to meet with him sometime within the next week. We would expect to come out of that meeting with an initial plan of action, whatever that might be. That should put us out somewhere around the first of November with something to bring to the Town. I also called attorney David Burgess and informed him that you and I agreed to "stand down" for now to allow us to pursue the long term solution as described above and at the same time pursue the repairs to the outside of the house and cottage while weather and time allows. I believe this covers all that we discussed today: Please let me or Susan know if there is anything . else you need at this time. Again, thanks for listening and providing"a pathway to move forward. Bert Russo l 11/4/2008 i l Jeff, These people just bought 181 School St. Cotuit. I found the illegal cottage on the property. (check file) New owners Albert Russo and Susan Limoncelli say they are pulling a permit for a roofing job on the property. I told them they will get no permits until the address the illegal cottage. Russo was in today and I gave him the amnesty package. He seems to be headed in that direction. Linda ROPERTY ADDRESS I I ZONING I DISTRICT CODE SP - DISTS.I DATE PRINTED I CSTATE LASS I PCS I NBHD "J 0131 SCHOOL : STREET 01 ' Rf 200 01CT 07109195410M, 00 03A:B R020 090. LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS Land B/Date Sze Dimension Y UNIT ADJ'D. UNIT ACRES/UNITS VALUE Description t• y LOC./YR.SPEC.CLASS ADJ. COND. PE PRICE PRICE GROVERo RJT ,CO. FF-De IhlAcres BATHS 1 40 U . )(` C= 100 . 3500.0 3500.00 " 1 .00 3500 H NO BS MT : S X ' C 100 .. 7.8 7.85 600 4700—t3 J A D U S T M E N DEED REFERENCE Type DATE t T Book Page tnst. MO. Yr.l[ S I t 1 I 1 1 I 1. BUILDING PERMI Number Date Typ LAND , LAND—ADJ ., INCOME SE SP—B.LDS FEATURES BLO-ADJS UNITS . 1200— Const. Total Year Built Norm. Obsv. Class Base Rate Adj.Rate A f Age Depr. Cond. CND L. %R G Sept Cost New - Adl Rapt Value Stones Height Rooms Rms Baths Units Units 01C • 000 100 . 100 62.90 • 62.90 6.5 55 29. 66 100 66 36540 24100 1 0 1_0 Description Rate Square Feet Rep'.Cost MKT.INDEX: 11600 IMP"BY/DATE: (K 2�0 )LE: 1 1 00.92 ELEMENTS CODE CONSTR SAS _.100 , 62.90 600 37740 SR SS AREA 6UU SIN`GCE--F`A_MILY�DWELLING CNST GP,00 : — *- ---2�1----. --* STYLE 09 OTTAGE - -------------- --- --------- ESIGN ADJMT' 00 i _XTER.WALLS 11 WOOD Siff 1 ! EATlAC ` TY.F'E 04 - .IL ------ _ -------FINISH 04 RYWALL ' INTER - LAYOUT ? _O0 A --------- ! AiTER�a4JLY OZ AME -A-S- r - i ! ELOOR_ST9-0et__° 04 O1Y£RFTE D W 30 BASE 30 E LOM4 CDVER J4 AR PET. . 600 ". - ---- - --- ----- E Total Areas Aux s Base = 0 -T j A �A S BUILDING DIMENSIONS �. T R £A L } }/IG R A G£ A SAS :W20 ; N30 .E20 S30 .. ! .._ OU;ti�?ATION IJ t3�iCRETE i - ------ --- ------- L + " LAND PARCEL *- 20- ----.X AREA :.� FiVYtM I Y AUUMtJ� I I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CSTATE LASS I PCS I NBHD EL[i 0181 SCHOOL STREET 01 RF 200 01CT 07/09/95 : 1011 00 03AS R020 . 090. LAND/OTHER FEATURES DESCRIPTION I ADJUSTMENT FACTORS TY UNIT ADJ'D. UNIT Land 9q/Date Size Dimension ACRES/UNITS VALUE Description 6 R 0 V E Rl z R.UTI LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE #LAND 1 CD. FF•De thlAcres E 1I1. 1BLDG..SIT; 1 :. X ° .6 =loc 13.3 59999.99 79799.99 .bD 47900 . #8LD6(S)-CARD-111i BATHS 1 �1 U X. 48LDGM—CARD-2. 1 ' I C= 1 6000-O 6000.00 1 .00 6000 B #PL SCHOOL ., ST :: COT FIREPLACE U . X ` C 00 100 3100-OC 3100.00 . 2.00 6200 . .8 40L ' LOT .. 15 q #RR 1433 0100 D I � - U S T M E N DEED REFERENC Type DATE T Book Page Ins,. MO. Yr. C S 8921/161JTIt12193 , F 2342/133: b0/GG 1 t t BUILDING PERMI" - LAND LAND—ADJ , INC M:E SE SP-7BLDS FEATURES BLD-ADJS UNITS Number Date Type 47900 12200 32976 ' 6/89 AD Cons,. Total r B 'I Norm.. Obsv. Class Units Units Base Rate Adj.Rate A - 1 t Age Depr. Cond. CNU I Loc I%R.G Repl Cost New I Ad1 Repl Value Stories Height Rooms Rms Bath- 01C+ 000 100 . 100 63_30 . 63.30 10 , 70 24 . 74 100 74 ,D4462 77300 1.5 9 4 :1 1 Description Rate Square Feet Repl.Cost MKT. INDEX: 1.00 IMP.BY/DATE: M� 2./90 SCALE: ' 1/00.37 ELEMENTS CODE CONSTR'. SAS 100 . 63.30 . 611 38676.. P: ' FOP :. 35 .. 22.16 280 6205 22--* STYLE 10 LD STYt FSF 90 . 56.97 494 28143 16FWD 16 EST-GA-AWN T- _UG , --------- FWD .85 8.50 . 352 2992 ! + 'XT fZ._WA_V S-- .TT O�D_�}IT B15 42 26�59 611 : 16246 : --19--* €ATIAC TYP.£-.' TT A1S=wAR74 . FSF . , ATZ-IF FIWI'S 117 UCST£R- •' ! FtT_EFf:LAY00T T2 VE79Z M. 26 26 IV T-EK Q IFKCT Y 0.2 -AWE ' AS- ! ! E DV rT-.ST_KUC T-:. (12 Y_J 0I 51', D EiOU'N-VAT-IVN---- ED -CDVER-- _G1• -A OR00-6 E Total Areas Aux _ 632 Bass _ 110 *---1 *-- .: 0E-TF---- � I_£=WJ�j BUILDING DIMENSIONS 13 B 1,5 • ' ! L.EZTR I K L-—— -Ul. VERA G� T SAS W.21 ;y FOP .E20 .,S07 :.W27 : N20 E07 ! � ' 04 RTC91I-M-KI A S13 .. HAS : Nl3 WO5 N13 FSF W03 *7-* .BASE 26 -------------- - --- --------- I N26 E19: FWD NI 6 _W22 S16 : E22" .. ! ' 13 ! -----tfl:l SttI3O3tH° B : 1>3AS_ L FSF . S26 . W16 .. .. SAS E26 S26 .. : 20 ! LAND 815 • N26 .. W26` S13 `. E05 S13 E21 .. *--21--X PARCEL ' 47900 *---FOP---* AREA :. V6DTdluirr iA �oF t ro�tio , TOWN OF BARNSTABLE •_ Barnstable AII•Ameriea C ft BARNSTABLE. OFFICE OF TOWN ATTORNEY MASS. I I I I °o 1639• ,� 367 MAIN STREET AIEpMa�° HYANNIS, MASSACHUSETTS 02601=3907 2007 RUTH J.WEIL,Town Attorney ruth.weil@town.barnstable.ma.us T. DAVID HOUGHTON, 1st Assistant Town Attorney david.houghton@town.barnstable.ma.us CHARLES S. McLAUGHLIN,JR.,Assistant Town Attorney charles.mclaughlin@town.barnstable.ma.us CLAIRE R.GRIFFEN, Paralegal/Legal Assistant claire.griffen@town.barnstable.ma.us PAMELA D.GORDON, Legal Clerk TEL.508-862-4620 •FAX.508-862-4724 February 6, 2009 Scott Nickerson, Esq., Clerk Barnstable Superior Court, Civil _ + County Court Complex,Main Street P.O. Box 425 Barnstable,Ma. 02630 - Re: C.A.No. BACV-2008-00105 ram; Susan Limoncelli v. Town of Barnstable;.Zoning Board of Appeals, ei al Our File Ref: #2008-0035 r! Dear Mr. Nickerson: Enclosed herewith please find for filing with the Superior Court the Answer to Plaintiff's Amended Complaint, together with the Certificate of Service of a copy of the same upon the attorney for Plaintiff therein. Thank you. a , Sincerely yours, RJW:cg Ruth J. Weil, Town Attorney Enc. 'Town of Barnstable cc: Michael J. Princi, Esq. cc Zoning Board of Appeals cc: Building Commissioner i COMMONWEALTH OF MASSACHUSETTS, BARNSTABLE, ss: SUPERIOR COURT C.A. No. BACV 2008-00105 ---------------------------------------------------- SUSAN LIMONCELLI, ) DEFENDANTS' ANSWER . Plaintiff, TO PLAINTIFF'S AMENDED' COMPLAINT WITH rn V. AFFIRMATIVE DEFENSES. TOWN OF BARNSTABLE ZONING e BOARD OF APPEALS, AND ITS MEMBERS, GAIL NIGHTINGALE,RON S. ) JANSSON,DANIEL M. CREEDON III, ) JAMES R. HATFIELD, SHEILA GEILER, ) JOHN NORMAN, JEREMY GILMORE, ) KELLY KEVIN LYDON,and the ) 4 TOWN-OF BARNSTABLE ) Defendants. ) --------------------------------------------------------- Pursuant to M.G.L.A. c. 40A, §17,the Defendants, in answer to the Plaintiff's Amended Complaint, show to the Court as follows: As to Parties: 1) DENY the allegations contained in paragraph"1" of Plaintiff's:Amended Complaint. 2) Neither admit nor deny the allegations set forth in paragraph"2" of Plaintiffs Amended Complaint by reason that said Defendants are without sufficient information to forma belief. I 3) ADMIT the allegations contained-.in paragraph"3"of Plaintiff s Amended Complaint. '4) ADMIT the allegations contained in paragraph"4"of Plaintiff s Amended. Complaint. 5) ADMIT-the allegations contained in paragraph"5"of Plaintiff s Amended. Complaint. 6) ADMIT the allegations.contained in paragraph"6" of Plaintiff s Amended Complaint. [2008-0035\ans-amdcomplaint-020609-final-rjwcgI] 1 7 ADMIT the allegations contained in ara rah"7 of Plaintiff's Amended g p g p . 'Complaint. 8) ADMIT the allegations contained in paragraph"8" of Plaintiff s Amended Complaint. • 9) ADMIT the allegations contained in paragraph"9"of Plaintiff's Amended Complaint. 10) ADMIT the allegations contained in paragraph"10" of Plaintiff s Amended Complaint. 11) Neither admit nor deny the allegations set forth in paragraph"I V of Plaintiffs Amended Complaint by reason that said Defendants are without sufficient information to form a. belief. As to Statement of Facts: 12) Neither admit nor deny, the allegations set forth in paragraph"12"of Plaintiffs Amended Complaint by reason that said Defendants are without sufficient information to form a belief. 13) Neither admit nor deny the allegations set forth in paragraph"13"of Plaintiff s Amended Complaint by reason that said Defendants are without sufficient information to form a belief. 14) Neither admit nor deny the allegations set forth in paragraph"14 of Plaintiff s - Amended Complaint by reason that said Defendants are without sufficient information to form a belief. 15) Neither admit nor deny the allegations set forth in paragraph"15"of Plaintiffs Amended Complaint by reasonthat.said Defendants are without sufficient information to form a .belief. 16) DENY the allegations set forth in paragraph"16" of Plaintiff's Amended '. Complaint. 17) DENY so much of the allegations set forth in the first sentence of paragraph"IT' wherein it is stated that"[w]hile the Town by its own admission did not maintain records well from 1981"; and as to,the remaining allegations contained in paragraph"17"neither admit nor deny said allegations but state that the DaLuz letter identified therein and attached to Plaintiffs Amended Complaint as Exhibit"A" speaks for itself and DENY any allegation not specifically admitted herein: • F r [2008-0035\ans-amdcomplaint-020609-final-rjwcg I] 2 18) DENY the allegations contained in paragraph"18" of Plaintiff's Amended Complaint. 19) DENY the allegations contained in paragraph"19" of Plaintiff's Amended Complaint. 20) DENY the allegations contained in first sentence of paragraph"20"of Plaintiff's Amended Complaint. As to the remaining allegations contained in paragraph"20" of Plaintiffs Amended Complaint, neither admit nor deny the remaining allegations set forth therein by reason that said Defendants are without sufficient information to forma belief. 21) The allegations contained in paragraph"21"of Plaintiffs Amended Complaint call for a conclusion of law and,therefore, no answer is necessary. 22) DENY the allegations contained in paragraph"22"of Plaintiff's Amended Complaint. 23) Neither admit nor deny the allegations set forth in paragraph"23"of Plaintiff's Amended Complaint by reason.that said Defendants are without sufficient information to form a belief. 24) DENY the allegations contained in paragraph"24" of Plaintiff's Amended Complaint. 25) DENY the allegations contained in paragraph"25" of Plaintiff's Amended Complaint. 26) . Neither admit nor deny the allegations'set forth in paragraph"26" of Plaintiff's Amended Complaint by reason that said Defendants are without sufficient information to form a belief. 27) Neither admit nor deny the allegations set forth in paragraph"27" of Plaintiff's Amended Complaint by reason that said Defendants are without sufficient information to.form a belief. 28) DENY the allegations contained in paragraph"28"of Plaintiff's Amended Complaint. 29) Neither admit nor,deny the allegations containedrset forth in paragraph"25"of Plaintiff's Amended Complaint but state that the DaLuz letter attached as Exhibit"A" speaks for itself, and DENY any allegation not specifically admitted herein. 30) Neither admit nor deny the allegations set forth in paragraph"26" of Plaintiff's Amended Complaint but state that the DaLuz letter identified therein and attached to Plaintiff's Amended Complaint as Exhibit"A" speaks for itself, and DENY any allegation not specifically [2008-0035\ans-amdcomplaint-020609-final-rjwcgl] 3 i admitted herein. 31) DENY the allegations contained in paragraph"31"of Plaintiff's Amended Complaint. 32) DENY the allegations contained in paragraph"32" of Plaintiff's Amended Complaint. 33) DENY the allegations contained in paragraph"33" of Plaintiff s Amended Complaint. 34) Neither admit nor deny the allegations set forth in paragraph"34" of Plaintiff's Amended Complaint by reason that said Defendants are without sufficient information to form a, belief: 35) Neither admit nor deny the allegations set forth in paragraph"35"of Plaintiff's Amended Complaint by reason that said Defendants are,without sufficient information to form a belief. 36) Neither admit nor deny the allegations set forth in paragraph"36" of Plaintiff's Amended Complaint by reason that said Defendants are without sufficient information to form a belief. 37) DENY the allegations contained in paragraph"37" of Plaintiff's Amended Complaint. 38) DENY the allegations contained in paragraph"38" of Plaintiff's Amended Complaint. 39) DENY the allegations contained in paragraph"39"of Plaintiff's Amended Complaint. 40) DENY the allegations contained in paragraph"40" of Plaintiff's Amended Complaint. 4.1) DENY the allegations contained in paragraph"41" of Plaintiff's Amended Complaint. -42) ADMIT only so much of the allegations contained in paragraph"42" of Plaintiff's Amended Complaint wherein it is alleged"...the Town Building Department conducted an inspection and issued a Certificate of Occupancy as indicated in the Town's assessing records". and neither admit nor deny the remaining allegations set forth in said paragraph by reason that said Defendants are without sufficient information to form a belief. 43) Neither admit nor deny the allegations set forth,in paragraph"43" of Plaintiff's Amended'Complaint by reason that said Defendants are without sufficient information to form a [2008-0035\ans-amdcomplaint-020609-final-rjwcgI] 4 belief. 44) DENY the allegations contained in paragraph"44"of Plaintiff's Amended Complaint. 45) DENY the allegations contained in paragraph"45" of Plaintiff s Amended Complaint: 46) DENY the allegations contained in paragraph"46"of Plaintiff's Amended Complaint. ' R 47) Neither admit nor deny the allegations'set forth in the first two sentences of paragraph"47" of Plaintiff's Amended Complaint by reason that said Defendants are without sufficient information to form a belief; and in further answering,DENY the remaining allegations set forth in paragraph"47" of Plaintiff's Amended Complaint. 48) Neither admit nor deny the allegations set forth in paragraph"48" of Plaintiff's Amended Complaint by reason that said Defendants are without sufficient information to form a. belief. 49) Neither.admit nor deny the allegations set forth in paragraph"49" of Plaintiffs Amended Complaint by reason that said Defendants are without sufficient information to form a belief, and further answering, state.that the document referred to therein speaks for itself. 50) Neither admit nor deny the allegations set forth in the first sentence of paragraph "50" of Plaintiff's Amended Complaint wherein it is stated that"Ms. Limoncelli relied on information form the Town of Barnstable Assessor's Off ice and the Board of Health"by reason that said Defendants are without sufficient information to form a belief; and further state that the. . documents referred to therein speak for themselves; and in further answering, DENY all the . _ remaining allegations contained in paragraph"50 51) Neither admit nor deny the allegations set forth in paragraph"51"of Plaintiff's Amended Complaint by reason that said Defendants are without sufficient information to form a belief., 52) Neither admit nor deny the allegations set forth in•paragraph'152" of Plaintiff's Amended Complaint by reason that said Defendants are without sufficient information to form a belief. •53j• Neither admit nor deny the allegations set forth in paragraph"53"of Plaintiff's - Amended Complaint by reason that said Defendants are without sufficient information to form a, . " belief. 54) .. Neither admit nor deny the allegations set forth in paragraph"54" of Plaintiff s Amended Complaint-but state that the letter referenced therein speaks for itself and in further answering,DENY that Linda Edson was a Zoning Enforcement Officer or was acting under the [2008-0035\ans-amdcomplaint-020609-final-rjwcgI] 5 1 direction and with the full authority of the Building Commissioner and in further answering, DENY each and every allegation not specifically admitted herein. 55) DENY the allegations contained in paragraph"55" of Plaintiff s Amended Complaint. 56) DENY the allegations contained in paragraph"56" of Plaintiff s Amended Complaint. 57) DENY the allegations contained in paragraph"57" of Plaintiff s Amended Complaint. 58) DENY the allegations contained in paragraph"58" of Plaintiff s Amended Complaint. 59) ADMIT only so much of the allegations set forth in the first sentence of paragraph "59" of Plaintiff's Amended Complaint wherein it is stated that the document-appended to Plaintiff s Amended Complaint as Exhibit"J"was submitted to the ZBA, but in furthering answering, DENY the substance of the allegations contained in said Exhibit"J"; as to the allegations contained in the second sentence of said paragraph,Defendants DENY said allegations. 60) DENY the allegations contained in paragraph "60" of Plaintiff s Amended Complaint.. 61) DENY the allegations contained in paragraph"61" of Plaintiff s Amended Complaint. 62) DENY the allegations contained in paragraph"62" of Plaintiff s Amended„ Complaint. 63) DENY the allegations contained in paragraph"63'-' of Plaintiff s Amended Complaint. 64) DENY the allegations contained in paragraph"64" of Plaintiff s Amended` Complaint. . 65) DENY the allegations contained'in paragraph"65" of Plaintiff's Amended Complaint. 66) DENY the allegations contained in paragraph"66" of Plaintiff's Amended . Complaint: 67) DENY the allegations contained in paragraph"677.of Plaintiffs Amended Complaint: t [2008-0035\ans-amdcomplaint-020609-final-rjwcgl] 6 68) Neither admit nor deny the allegations contained in paragraph"68" of Plaintiff s Amended Complaint but state that Exhibit"K" speaks for itself, and DENY any allegation not specifically admitted herein. 69) DENY the allegations-contained in paragraph"69" of Plaintiff's Amended Complaint. ' 70) DENY the allegations contained in paragraph"70" of Plaintiff s Amended Complaint. 71) Neither admit nor deny the allegations contained in paragraph"71" of Plaintiffs Amended Complaint but state that Exhibit"L" speaks for itself, and DENY any allegation not specifically admitted herein. _ 72) ADMIT only so much of the allegations contained in the first sentence of paragraph"72"of Plaintiffs Amended Complaint wherein it is stated"Following Perry's denial of the ... building permit,the Plaintiff appealed the Building Inspector's decision to the ZBA" and as to the remaining allegations in said paragraph, said allegations call for a conclusion of law and, therefore, no answer is necessary; 73) ADMIT only so much of the allegations contained in paragraph"73" of Plaintiff s, Amended Complaint wherein it is stated"On or about January 9, 2008,the matter was ... before the ZBA..." and DENY the remaining allegations of said paragraph. 74) ADMIT only so much of the allegations contained in the first sentence of paragraph"74" of Plaintiff s Amended Complaint wherein it is stated that"At the time of the ZBA hearing the Plaintiff submitted additional..-.material"but DENY the remaining allegations contained therein; as to the allegations contained in the second-sentence of paragraph"74" of the Plaintiff s Amended Complaint; further answering upon information and belief, ADMIT that a copy of.additional material referenced as Exhibit"N"was submitted to the ZBA.but DENY the allegations contained therein in said exhibit; and further DENY all,remaining allegations in said paragraph not specifically admitted.. 75) ADMIT only so much of the allegations contained in paragraph"75" of Plaintiff s Amended Complaint wherein it is alleged that"...additional material was presented . to the ZBA", but in furthering answering the remaining allegations therein contained;neither admit nor deny the allegations set forth in said paragraph by reason that said-Defendants are without sufficient information to form a belief. A 76) DENY the allegations contained in paragraph"76"of Plaintiff s Amended Complaint. , 77) Neither admit nor deny the allegations set forth in paragraph"77"of Plaintiff s Amended Complaint but state the decision issued by the Zoning Board of Appeals speaks for itself, and DENY each and every allegation not specifically admitted herein. [2008-0035\ans-amdconiplaint-020609-final-rjwcgl] 7 I 78) ADMIT the allegations contained in paragraph"78" of Plaintiff s Amended Complaint; and in further answering, state that said exhibit referred to therein speaks for itself; . and further answering,DENY any remaining allegations not specifically admitted herein. 79) DENY the allegations contained in paragraph"79" of Plaintiffs Amended Complaint. As to COUNT I (APPEAL UNDER MGLA,Chapter 40A, s. 17): The Defendants repeat and reallege those answers to the allegations set forth in paragraphs"1"through"79"of the general allegations of Plaintiff s.Amended Complaint, as realleged in Plaintiffs unnumbered paragraph following COUNT I (Appeal Under MGLA, Chapter 40A, s. 17) of Plaintiff s Amended Complaint, in the same manner as though fully set forth herein. - 80) DENY the allegations contained in paragraph"80" of Plaintiff s Amended. Complaint; and further answering, state that the exhibits referenced therein speak for themselves, and further DENY each and every other allegation not specifically admitted herein.., 81) DENY the allegations contained in paragraph"81",of Plaintiff s Amended Complaint. 82) DENY the allegations contained in paragraph"82" of Plaintiff s Amended Complaint. 83) DENY the allegations contairied in paragraph••"83" of Plaintiffs Amended Complaint. 84) DENY the allegations contained in'paragraph"84"of Plaintiff s Amended Complaint. 85) DENY the allegations contained in paragraph"85".of Plaintiff s Amended Complaint. , 86) DENY the allegations contained in paragraph"86"of Plaintiff s Amended A Complaint. 87) DENY the allegations-contained in paragraph"877 of Plaintiffs Amended Complaint., 88) DENY the allegations contained in paragraph"88" of Plaintiff s Amended Complaint. . _ 89) DENY the allegations contained in paragraph"89"of Plaintiff's Amended Complaint. [2008-003 5\ans-amdeomplaint-020609-final-rjwcg I], 8 i 90) DENY the allegations contained in paragraph"90" of Plaintiff's Amended Complaint. 91) DENY the allegations contained in paragraph"91" of Plaintiff s Amended Complaint. 92) DENY the allegations contained in paragraph"92" of Plaintiff's Amended Complaint. 93) DENY the allegations contained in paragraph"93" of Plaintiff s Amended Complaint. 94) -DENY the allegations contained in paragraph"94" of Plaintiff's Amended Complaint. 95) DENY the allegations contained in paragraph"95"together with each of its sub- paragraphs designated (a)through(c) of Count I of Plaintiff's Amended Complaint; as to allegations contained in sub-paragraph(d) of said paragraph, said allegations call for a conclusion of law and,therefore, no answer is necessary;to the extent an answer is necessary, Defendants DENY the allegations contained in sub-paragraph(d); as to the allegations contained in sub-paragraph(e) of said paragraph, DENY the same; as to the allegations contained in sub- paragraph.(f) of said paragraph,DENY the same; and, as to the allegations contained in sub- paragraphs (g), (h) and (1) of said paragraph,Defendants DENY the same. ' 96) DENY the allegations contained in paragraph"96" of Plaintiff's Amended Complaint. 97) DENY the allegations contained in paragraph"97" of Plaintiff's Amended Complaint. 98) DENY the allegations contained in paragraph"98" of Plaintiff's Amended Complaint. 99) DENY the allegations contained'in paragraph"99" of Plaintiff's Amended Complaint. 100) DENY the allegations contained in paragraph '100" of Plaintiffs Amended Complaint. 101) DENY the allegations contained in.paragraph"101 of Plaintiff's Amended Complaint. 102) DENY the allegations contained in paragraph"102 of Plaintiff s Amended Complaint. 103) DENY the allegations contained in paragraph"103" of Plaintiff's Amended [2008 0035\ans-amdcomplamt-020609-final-rj cg ] . 9 i Complaint. 104) DENY the allegations contained in paragraph"104"of Plaintiff s Amended Complaint. As to COUNT II (ESTOPPEL): The Defendants repeat and reallege those answers to the allegations set forth in paragraphs "1"through"79"of the general allegations of Plaintiffs Amended Complaint, as realleged in Plaintiff s unnumbered paragraphs following COUNT I (Appeal Under MGLA, Chapter 40A, s. 17), in paragraphs"80"through"104", and COUNT II (Estoppel), of Plaintiff s Amended Complaint, in the same manner as though fully set forth herein. 105) DENY the allegations contained in paragraph"105"of Plaintiff s Amended. Complaint. 106) DENY the allegations contained in paragraph"106" of Plaintiffs Amended Complaint. 107) DENY,the allegations.contained in paragraph"107" of Plaintiffs Amended Complaint. 108) DENY the allegations contained in paragraph"108 of Plaintiff s Amended Complaint. 109) DENY the allegations contained in paragraph"109"of Plaintiff s Amended Complaint. 110) DENY the allegations contained in paragraph"-110"of Plaintiff s Amended Complaint. 111) DENY the allegations contained in paragraph"111"of Plaintiff s Amended Complaint. COUNT III (DECLARATORY JUDGMENT): The Defendants repeat and reallege those answers to the allegations set forth in paragraphs "1"through"79" of the general allegations of Plaintiff s Amended Complaint, as realleged in Plaintiff s unnumbered,paragraphs following COUNT I (Appeal Under MGLA, Chapter 40A, s. 17) in.paragraphs"80"through"104" and COUNT 11 (Estoppel) in paragraphs "4 05"through"I I I", and COUNT III (Declaratory Judgment) of Plaintiff s Amended Complaint, in.the same manner as though fully set forth herein. y 112): DENY the allegations contained in paragraph"112 of Plaintiff s Amended. Complaint. [2008-0035\ans-amdcomplaint-020609-final-rjwcg 11 10 113) DENY the allegations contained in paragraph"l 13" of.Plain tiffs Amended Complaint. e COUNT IV(MASSACHUSETTS TORT CLAIMS ACT, M.G. L. C. 258): The Defendants repeat and reallege those answers to the allegations set forth in paragraphs "1"through"79"of the general allegations of Plaintiff s Amended Complaint, as realleged in Plaintiff's unnumbered paragraphs following COUNT I (Appeal Under MGLA, Chapter 40A, s. 17) in paragraphs "80"through"104", and COUNT II (Estoppel) in paragraphs "105"through"l 11", and COUNT III (Declaratory Judgment) in paragraphs "112"through, ' "113", and realleged in COUNT IV (Massachusetts Tort Claims Act, MGL Chapter 258) in the same manner as though fully set forth herein. 114) DENY the allegations contained in paragraph"114"of Count IV of Plaintiff's Amended Complaint and in furthering answering, state that the letter attached to Plaintiffs Amended Complaint does not constitutes a proper presentment under G.L. c. 258. 115) DENY that the allegations in paragraph"115" of Count IV.on the basis that letter referenced in paragraph"114",was not a"notice" or a proper,presentment 116) As to the allegations contained in paragraph"116" of Count IV,of Plaintiff's Amended Complaint, said allegations call for a conclusion of law and,therefore, no answer is necessary; and to the extent an answer is necessary, Defendants DENY said allegations. Y 117) DENY the allegations contained in paragraph"l 17" of Count IV of Plaintiff's Amended Complaint. 118) DENY the allegations contained in paragraph"118" of Count IV of Plaintiff's r Amended Complaint. 119) DENY the allegations contained in paragraph"119"of Count'IV of Plaintiff's Amended Complaint. 120) DENY the allegations-contained in paragraph"l20" of.Count IV of Plaintiffs Amended Complaint. 121) DENY the allegations contained in paragraph",121" of Count IV of Plaintiff's Amended Complaint. 122) DENY the allegations contained in paragraph"122" of Count IV'of Plaintiffs . Amended Complaint. 123) DENY each and every other allegation set forth in the;general allegations and. Counts I, II, III and IV of said Plaintiff s Amended Complaint not hereinbefore specifically admitted herein. Y •[2008-0035\ans-amdcomplaint-020609-final-rjwcgl AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE: The Plaintiff is barred from recovery under their Amended'Complaint because said Plaintiff did not commence this action within the time specified under the applicable statutory limitations and,therefore, Plaintiff s Amended Complaint should be dismissed. , y SECOND AFFIRMATIVE DEFENSE: The Plaintiff s claims fail to state a claim upon which relief can be granted and, therefore, Plaintiff s Amended Complaint should be dismissed. THIRD AFFIRMATIVE DEFENSE: This Court lacks jurisdiction over the subject matter of the Plaintiffs claims and, therefore,Plaintiffs Amended Complaint should be dismissed: „ • FOURTH AFFIRMATIVE DEFENSE: Plaintiffs claims are barred by the Doctrine of Official Immunity, and,therefore, Plaintiff s Amended Complaint should be.dismissed. FIFTH AFFIRMATIVE DEFENSE: Plaintiff has failed to make a proper presentment pursuant to G.L. c. 258 and, therefore, the Plaintiffs claims should be dismissed and therefore,Plaintiff's Amended Complaint should be dismissed. SIXTH AFFIRMATIVE DEFENSE: At all times relevant hereto,the Defendant Town has acted without malice to Plaintiff and their actions as related to the Plaintiff are privileged by virtue of acting reasonably and in good faith within the scope of their authority. ` SEVENTH AFFIRMATIVE DEFENSE: Plaintiff s claims against Defendants are barred by the doctrine of official.immunity. EIGHTH AFFIRMATIVE DEFENSE:' Plaintiff should have exercised due diligence in the purchase of the subject property. NINTH AFFIRMATIVE DEFENSE: The alleged negligent conduct by Town employees represents discriminatory.sanctions. TENTH AFFIRMATIVE DEFENSE: The alleged'actions of individual town employees cannot result in a rezoning without the approval of the'Town's legislative body. ELEVENTH AFFIRMATIVE DEFENSE: . The principles of estoppel do not apply to the actions of public officials. 4 TWELVETH AFFIRMATIVE DEFENSE: t r [2008-0035\ans-amdcomplaint-020609-final-rjwcgI] 12 The Plaintiff knew, prior to the purchase, that the property,did not contain'a legal apartment use. THIRTEENTH AFFIRMATIVE DEFENSE: Plaintiff has not been deprived of economic use of the premises since the proposed use of the property was not a permitted use under the Town's zoning ordinances and was not a ` permitted use at the time of the Plaintiffs purchase of the property. FOURTEENTH AFFIRMATIVE DEFENSE: Plaintiff is eligible to participate in the Town's Accessory Affordable Housing Program which opportunity was offered to Plaintiff but was declined by Plaintiff. FIFTEENTH AFFIRMATIVE DEFENSE. Linda Edson is an independent contractor and not a municipal employee.. SIXTEENTH AFFIRMATIVE DEFENSE. The allegations contained herein involving the Town of Barnstable relate to discretionary acts exempt under G.L. c. 258. SEVENTEETH AFFIRMATIVE DEFENSE. M.G.L. c. 258 does not apply to "any claim based upon the issuance. denial,suspension or revocation or failure or refusal to issue, deny, suspend, or revoke any permit,.license,- certificate, approval, order or similar authorization" EIGHTEENTH AFFIRMATIVE DEFENSE Upon information and belief, Plaintiff has recovered monetary damages from the real estate broker who participated in the sale of the premises at 181 School Street, Cotuit, MA. NINETEENTH AFFIRMATIVE DEFENSE Upon information and belief,Plaintiff has instituted suit against the seller of the premises located at 181 School Street, Cotuit,MA. WHEREFORE, the Defendants respectfully pray for judgment against the Plaintiff as. follows: (1) That a decree be.entered dismissing Plaintiffs Amended Complaint in its entirety;. (2) That a decree be entered affirming.the January 23, 2008 Decision of the Barnstable Zoning Board of Appeals in all respects; (3), That judgment be entered in Defendants' favor on all issues as contained in the general allegations and under all counts of Plaintiff s Amended Complaint; (4) .That a decree be entered denying Plaintiff s claim for damages as requested under -the Massachusetts Tort Claims Act; [2008-0035\ans-amdcomplaint-020609-final-rjwcgl] 13 (5) That a decree be entered that the Plaintiff's property does not come under the provisions of M.G.L.A. chapter 40A, §6; (6) That a decree be entered denying Plaintiff s prayers to estop the Barnstable Zoning Board from exercising its power to make decisions unfavorable to the Plaintiff and enforcing its zoning restrictions; (7) That a decree be entered denying Plaintiff's request to declare that'a building permit was issued to the Plaintiff for conversion of the garage into a cottage apartment; (8) That Defendants be granted such other and further relief as to this Court it deems just and appropriate. Dated: February 6, 2009. TOWN OF BARNSTABLE ZONING BOARD OF, APPEALS, and its Members, and the TOWN OF BARNSTABLE, Defendants, . By their Attorneys, TH J. WEIL, T wn ttorne [] .B.O.No. 5192 5] T. DAVID HOT ON, 1 st ssistarit Town Attorney [B.B4O.No. 241160] CHARLES S. McLAUGHLIN, JR., Assistant Town Attorney TOWN OF BARNSTABLE 367,Main Street,New Town Hall Hyannis,Ma. 02601-3907 508-862-4620; 508-862-4724 TO: MICHAEL J. PRINCI,ESQ. [B.B.O.No. 4066801 I Attorney for Plaintiff , WYNN& WYNN,P.C. 310 Barnstable Road Hyannis, MA 02661 508-775-3665; 508-775-1244 Fax [2008-0035\ans-amdcomplaint-020609-final-rjwcgII 14 CERTIFICATE OF SERVICE Barnstable, ss: February 6, 2009. I hereby certify under the pains and penalties of perjury that I caused to be served by mailing by first-class mailing to Plaintiff's attorney, postage prepaid, a copy of the above document on the date written above: Griffen, Le stant Town of Barnsta e r [2008-0035\ans-amdcomplaint-020609-final-rjwcgl 1 15 Town of Barnstable Legal Department ✓ 3, 367 Main�'Street, Hyannis, MA 02601 - 508-862-4620 Fax 508-862-4724 r ROUTING SLIP DATE: September 2, 2008`° TO: Linda Edson, Amnesty Apartment Investigator FROM: X RUTH.J. WEIL, Town Attorney T. DAVID HOUGHTON, 1S'Assistant Town Attorney CHARLES S: McLAUGHLIN, Jr., Assistant Town Attorney. CLAIRE GRIFFEN, Legal Assistant PAM GORDON, Legal Clerk RE: 'Limoncelli v.'Town of Barnstable OURIFILE REF NO: 2008-0035 Enclosed please find a letter received from Amy St. James All Cape Reportin , Inc. regarding the transcript of your deposition. Please call me'about_this. Thank you.. RJW:pg enc 20080035trahscripf memo route.doo A ALL CAPE COURT REPORTING, INC. PROFESSIONAL COURT REPORTERS 487 STATION AVENUE -SUITE 2 SOUTH YARMOUTH, MA 02664 Telephone: (508)420-7904 Email: accr2003@gmail.com Fax:(508) 760-3923 August 25, 2008 Ruth J:Weil, Esq. Town of Barnstable 367 Main Street, 3rd Floor. Hyannis, MA 02601 IN RE: Limoncelli vs. Town of Barnstable, et als Dear Ms. Weil, Please be advised that the transcript of the deposition of your client, Linda Edson, taken on August 6, 2008 has been prepared. The stipulations agreed upon by counsel require your client to,read and sign the deposition transcript within 45 days of its receipt: Since, you did not order a copy of the transcript, the transcript is available for review at the offices of All Cape Court Reporting, Inc. Please contact this office to make arrangements for reading and signing of the transcript. Sincerely, Amy St James All Cape Court Reporting, Inc: -- ; ELN CC: Michael J. Princi, Esq. l T TOi:iIINSTABLE BA' �� sc�w f ,�� v/ ✓��'�����C;� D� Uhl('/.✓�.�L 7 �-SC/-'��� 1 ATTACH TO DEPOSITION OF : Thomas Perry CASE NAME : Limoncelli vs . Town of 2 Barnstable Zoning Board of Appeals , et al 3 DATE : 8/5/08 4 ERRATA SHEET 5 INSTRUCTIONS : After reading the transcript of your deposition, note any change or 6 correction to your testimony and the reason therefor on this sheet . DO NOT make any 7 marks or notations on the transcript volume itself . Sign and date this Errata Sheet 8 (before a Notary Public , if required) . Refer to Page 257 of the trans.cript for 9 Errata Sheet distribution instructions . 10 PAGE LINE CHANGE : ---- ---- --------------------------- 11 REASONr CHANGE : ---- ---- --- --------------------- -- 12 REASON : --------------------------- CHANGE : ---- ---- --------------------------- 13 REASON : _ ---- ---- CHANGE :----- ------- -----=------ 14 REASON: --------------------------- CHANGE : . 15 REASON : --------------------------- CHANGE : ---- ---- -------------------------- 16 REASON : CHANGE : . ---- ---- --------------------------- 17 REASON : ---------------------- CHANGE ---- : ---- ---- --------------------------- 18 REASON : 19 I have read the foregoing transcript 20 of my deposition and, except for any corrections or changes noted above , I hereby 21 subscribe to the transcript as an accurate record of the statements made me . 22 .� i 2 3 T h o ma s P r r 24 1 --- Date HEIR-, ALL CAPE COURT REPORTING, INC. (508) 420-7904 i 257 1 DEPONENT ' S ERRATA SHEET A14D SIGNATURE INSTRUCTIONS � � 2 The original of the Errata Sheet has 3 been delivered to Ruth J . Weil , Esq. 4 When the Errata Sheet �aseen completed by the deponent.- and signed,. a copy 5 thereof should be delivered to each party of , record and the ORIGINAL delivered to. Michael 6 J . Princi , Esq . , to whom the original deposition transcript was delivered . 7 8 9 INSTRUCTIONS TO DEPONENT 10 After reading this volume of your 11 deposition, indicate any corrections or changes to your testimony and the reasons 12 therefor on the Errata Sheet supplied to you and sign it . DO NOT make marks or notations . 13 on the transcript volume itself . 14 15 16 17 18 INSERT THIS PAGE IN THE ORIGINAL TRANSCRIPT AND THE COMPLETED AND SIGNED ERRATA SHEET 19 WHEN RECEIVED . 20 21 22 23 24 D O�OC�OG�aC� ALL CAPE COURT REPORTING; INC. (508) 420-7904 e Page 1 of 3 Listing# ° DOM fisting Price L. St# Address ' BD Town Village&ZIP Yr Status Type Selling Price- SP%LP Listing Office: BA(FH) Lot Sz Sq Ft Tax 1D 20502738 82 $624,000 181 School St 3 Barn Cotuit'02635 1910 Sold(08/11/05) Single Family $590,000 94.55 Kinlin Grover GMAC Real Estate 2(2 0) 0.600ac 1501 .090 a � _ - " '. Charming village classic with guest cottage in the heart of Cotuit village:Walk to beaches,'library,town dock,Kettle-Ho and Post Office!House has been'very,well_maintained.Back yard,offers tremendous privacy. Kindly verify all exterior and Y g interior dimensions. 44 'R:rSMEY Ord Q a 1.0 i' Listing Price Selling Price" Address -Listing # J $624,000 $590,000 181 School St,Cotuit 02635-3240:. 20502738 Agent ,Paul E Grover (ID:UOQC)Primary:508-420-1130 x1.12 , Office Kinlin Grover GMAC Real Estate(ID:KINL)Phone:508-420-1130,FAX:508428-4839 Property Type Single Family,,., Property Subtypes) Single Family. Status Sold(08/11/05) DOM 82 Town Barnstable Commission Sub Agent Comm. Buyer Agent Comm. Dual Agent Comm. Dual Var Comm. 00/, 2.5%, 2.5% No Facilitator Comm . 0 Listing Type Excl.Right to Sell Owner Name E Grover: Barnstable 090County Subdivision Other Beds 3 Baths. (FH) 2(2.0) , Structure(approx srq ft) -1501 Sq Ft Source Field Card. Lot Sq Ft(approx 26136 . Lot Acres(approx) 0.600` Lot'Size Source (Field Card) Year Built 1.910 Publish To Internet Yes Listing Date 03/30/05 All Office Remarks'' Compensation is offered to agents working in a non-agency;capacity at the,same terms listed uhder buyer agency.Contact Paul Grover/Carole Swartz for appt.508-420-1130 408 Directions To Property Main St.'right on School St.House on left#181. 'Selling Information Selling Price 590,000 Selling Date 08/11/05 Listing Price 624.000 Pending Date 06/29105 - SP%LP 94.55: Original Price 639,000 Financing Conventional Comments Selling Agent -Ed and Agnes Chatelain(UOAS) Selling Office Realtv Executives(REAE� ' Y Listing Page Commission-Other n/a Showing Instructions Call Listing Office General Page. . Zoning Residential"- w r Year Built Desc. 'Actual Total Rooms: 7 Total Levels '. Basement Baths 0.0 "fe/.,,R,,, �ni ,,11i9A,ppT\r.AN1F.=( a„P�nrt PRCTNAME=IVIES... 11/14/2005 Page 2 of 3 'Level 1'Baths 1.0 Level 2 Baths 1.0 Level 3 Baths 0.0 Basement Yes -.Basement Description Partial;Cape Cod.` Foundation Brick 'Foundation Width 26 Fndation Wing Width. 19 Fndation Wing Depth• 0 Irregular Yes Road Frontage 0 Lot Depth 0 . Lot Width 0 Topography/Lot Desc. Cleared,Level,Wooded Association, No Annual Assoc.Fee 0 Assoc.Fee Year 0 Garage No , #of Cars 0 .. Parking Description Stone/Gravel Year Round Yes Separate Living Qtrs Yes Sep Living Qtrs Desc Detached Waterfront ". No Water View. No, Convenient To Conservation Area,Golf Course,In Town Location,Marina;Medical Facility,Public Tennis,School, . Shopping Miles to Beachk 0-'.1 Water Access Public Beach Description Ocean Beach Ownership Public 'Street Description` Public,Paved r ,Interior Page Fireplace Yes - Number of Fireplaces 2 Master Bedroom Ox0 Level:Second Floor Mstr Bdrm Features Closet,Wall'to Wall Carpet,Wood Floor Bedroom#2 OxO Level:Secontl Floor. Bedroom#3 OxO Level:First Floo� Bedroom#3 Features Closet,Wood Floor Laundry Room OxO Level:First Floor Living/Dining Combo. No Living Room OxO Level:-First Floor Living Room Features Fireplace Dining Room OxO Level:First Floor Dining Room Features Wood Floor Kitchen/Dining Combo No Kitchen OxO Level:First Floor, Kitchen Features 'Vinyl Floor Family Room ' Ox0 Level:First Floor Family Room Features . Cathedral Ceilings,Ceiling Fan,beck,Fireplace,Sliding Door,Wood Floor Floors Hardwood,Vinyl,Wall to Wall Carpet,Wood Interior Features ,HU Cable TV -Exterior Style Cape. Pool'.. No •'Dock No Exterior Features Deck,Porch,Garden,Screens,Storm Doors,Storm Windows,Yard,Outbuilding Roof Description: Pitched,Asphalt - Siding Description Shingle .''Mechanical Heating/Cooling Natural Gas,Hot Air 4 Water/Sewer/Utility Cable,Septic,Electricity,Gas,High Speed Internet,Telephone,Town Water Hot Water/Water Heat. Electric Legal/Tax Annual Tax 2468 Tax Year 2004 ' Land Assessments 151600 x Improvement Asmt 0. Other Assessments 144800. Total Assessments 296400 Annual Betterment 0;00 llnp�tld Betterment 0.00 ` LN , ��, ''- - -r- -- - a177ADDATATR ,;'f .o � R,pR(:,NTAX/fO=A/fT Q 11'/1A17005 r Y Page 3 of 3 To Be Assessed No Special Asmt Pending No Mass Use Code 101-Single Family ::' 'Plan, 11024/007 Title Reference-Book' 11024 Title Reference-Page' 007 Land Court Cert# 0 .` Underground Fuel Tnk • Unknown" a Lead Paint Unknown Asbestos Unknown Flood Zone Unknown a All-9A1}UNTAA/fP=Cn-npr NdRrPRC-TVAMR=MT.0 11/14/2005 Pagel of 3 r Listing# DOM Listing Price St# Address BD Town Village&ZIP Yr Status Type Selling Price SP%LP Listing Office BA(FH) Lot Sz Sq Ft Tax ID 20502738 82 $624,000 181 School St 3 Barn Cotuit 02635 1910 Sold(08/11/05) Single Family $590,000 94.55 Kinlin Grover GMAC Real Estate 2(2 0) 0.600ac 1501 090 s Charming village classic with guest cottage in the heart of Cotuit village.Walk to beaches,library,town dock,Kettle-Ho and Post Office!House has been very well maintained.Back yard offers tremendous privacy. Kindly verify all exterior and interior dimensions. gj411 Listing Price Selling Price 11 Address Listing-#] $624,000 11$590,000 181 School St, Cotuit 02635-3240 20502738 Agent Paul E Grover (ID:UOQC)Primary:508-420-1130 x112 Office Kinlin Grover GMAC Real Estate(ID:KINL)Phone:508-420-1130,FAX:508-428-4839 Property Type Single Family Property Subtype(s) Single Family Status Sold(08/11/05) DOM 82 Town Barnstable Commission Sub Agent Comm. Buyer Agent Comm. Dual Agent Comm. Dual Var Comm 0% 2.5% 2.5% No Facilitator Comm 0 Listing Type Excl.Right to Sell Owner Name Grover County Barnstable Tax ID 090 Subdivision Other Beds 3 Baths (FH) 2(2 0) Structure(approx sq ft) 1501 Sq Ft Source field Card Lot Sq Ft(approx) 26136 Lot Acres(approx) 0.600 Lot Size Source (Field Card) Year Built 1910 Publish To Internet Yes Listing Date 03/30/05 All Office Remarks Compensation is offered to agents working in a non-agency capacity at the same terms listed under buyer agency.Contact Paul Grover/Carole Swartz for appt.508-420-1130 x208 Directions To Property Main St.right on School St.House on left#181. Selling Information Selling Price 590,000 Selling Date 08/11/05 Listing Price 624,000 Pending Date 06/29/05 SP%LP 94.55 Original Price 639,000 Financing Conventional Comments Selling Agent Ed and Agnes Chatelain(UOAS) Selling Office Realty Executives(REAE) Listing Page Commission-Other n/a Showing Instructions Call Listing Office General Page Zoning Residential Year Built Desc. Actual Total Rooms 7 Total Levels 2.0 Basement Baths 0.0 http://ccimis.rapmis.com/scripts/mgrqispi.dll?APPNAME=Capecod&PRGNAME=MLS... 11/14/2005 Page 2 of 3 Lever`I Baths 1.0 Level 2 Baths 1.0 Level 3 Baths 0.0 Basement Yes Basement Description Partial,Cape Cod Foundation Brick Foundation Width 26 Fndation Wing Width 19 Fndation Wing Depth 0 Irregular Yes Road Frontage 0 Lot Depth 0 Lot Width 0 Topography/Lot Desc. Cleared,Level,Wooded Association No Annual Assoc.Fee 0 Assoc.Fee Year 0 Garage No #of Cars 0 Parking Description Stone/Gravel Year Round Yes Separate Living Qtrs Yes Sep Living Qtrs Desc Detached Waterfront No Water View No Convenient To Conservation Area,Golf Course,In Town Location,Marina, Medical Facility,Public Tennis,School, Shopping Miles to Beach 0-.1 Water Access Public Beach Description Ocean Beach Ownership Public Street Description Public,Paved Interior Page Fireplace Yes Number of Fireplaces 2 Master Bedroom OxO Level:Second Floor Mstr Bdrm Features Closet,Wall to Wall Carpet,Wood Floor Bedroom#2 OxO Level:Second Floor Bedroom#3 OxO Level:First Floor Bedroom#3 Features Closet,Wood Floor Laundry Room OxO Level:First Floor Living/Dining Combo No Living Room OxO Level:First Floor Living Room Features Fireplace Dining Room OxO Level:First Floor Dining Room Features Wood Floor Kitchen/Dining Combo No Kitchen OxO Level:First Floor Kitchen Features Vinyl Floor Family Room OxO Level:First Floor Family Room Features Cathedral Ceilings,Ceiling Fan,Deck,Fireplace,Sliding Door,Wood Floor Floors Hardwood,Vinyl,Wall to Wall Carpet,Wood Interior Features HU Cable TV Exterior Style Cape Pool No Dock No Exterior Features Deck,Porch,Garden,Screens,Storm Doors,Storm Windows,Yard,Outbuilding Roof Description Pitched,Asphalt Siding Description Shingle Mechanical Heating/Cooling Natural Gas,Hot Air Water/Sewer/Utility Cable,Septic,Electricity,Gas,High Speed Internet,Telephone,Town Water Hot Water/Water Heat Electric Legal/Tax Annual Tax 2468 Tax Year 2004 Land Assessments 151600 Improvement Asmt 0 Other Assessments 144800 Total Assessments 296400 Annual Betterment 0.00 Unpaid Betterment 0.00 r http://ccimis.rapmis.com/scripts/mgrqispi.dll?APPNAME=Capecod&PRGNAME=MLS... 11/14/2005 Page 3 of 3 To Be Assessed No Special Asmt Pending No Mass Use Code 101-Single Family Plan 11024/007 Title Reference-Book 11024 Title Reference-Page 007 Land Court Cert# 0 Underground Fuel Tnk Unknown Lead Paint Unknown Asbestos Unknown Flood Zone Unknown i http://ccimis.rapmis.com/scripts/mgrqispi.dll?APPNAME=Capecod&PRGNAME=MLS... 11/14/2005 JOSEPH D. DALUZ - - Hui(dins,Commirtiontr TELEPHONE: 77&1120EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 November 6, 1981 • Ruth Grover 81�Scboo1 Street7. W C Rug . MA F ` 02CS3'S .. Dear Mrs. Grover: Recently Mr. John McShane appeared at this office re the legality of the installation of a utility sink and heating a garage for occasional use as a workshop.• For that use permission was granted' provided-he obtained the proper permits. On November 4th, Alfred Martin, Assistant Building Inspector and John Newton, Wire Inspector made an' inspection and what a surprise. Mr. Newton not only found a water heater installed without a permit but a dwelling unit wired. They..discovered this garage had a .stove, kitchen sink, refrigerator, bed; perhaps better described as an apartment unit. Perhaps you were not aware of our zoning by-law which addresses such violations whereby the .._"Building Inspector may, where the situation requires., cause a criminal complaint to issue from the First -District Court at Barnstable.or. may institute proceedings in Superior .Court to enjoin- the ..construction. . .... or use of any building or the use of any premises in violation hereof....". So, Mrs. Grover, it appears you have some very serious.problems. Therefore I shall expect to .see you in my office within seven (7).days of receipt of this letter with a method for correcting this violation. At. that time a determination for compliance may be issued. Peace, Joseph D. DaLuz Building Canmissioner . JDD/gr. cc: Town Counsel Board of Appeals Certified mail 358 287 423 R.R.R. 4 ToWn of Barnstable " Regulatory Services s � i BARTISTABLE, � s mass: Thomas F.Geiler,Director A��D►alA'�°' Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 wwW.town.b arnstable.maxs Office: 508-862-403 8 Fax: 5 08-790-62-3 0 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize to act on rny behalf, in all matters relative to work authorized by this building permit application for, , (Address of job) Signature of Owner Date Print Name Q:FORM S:OwNERPERMIS S ION :onc. Slab Bsmt.Garage r PURCH. DATE g .� St. Shower Ext. Walls 3rick Walls '..Attic Fl. &Stairs ' Toilet Room PURCH. PRICE . Roil Roof RENT q8 7 3S 1 X 7 ;tone Wallsr Fin.Attic d Two Fizt. Bath Floors : r J 'iers -, INTERIOR FINISH Lavatory Extra - - 3smt. A F _ .1• 2 3 Sink - z r/x r Plaster Water Clo. Extra Attic /0 EXTERIOR WALLS Knotty Pine Water Only Fin. louble Siding. - Plywood � No Plumbing Bsmt. tingle Siding Plasterboard Int. Fin. wr P.P 3 9 �• i tt)CL'°7,Shingles TILING f ' onc. Blk. G F P Bath Fl. ace Brk. On Int. Layout Bath Fl.&Wains. �9 _ Auto Ht. Unit Veneer Int. Cond. Bath Fl. &Walls Fireplace om. Brk.On, - -HEATING .Toilet Rm. Fl. Plumbing olid Com. Brk. Hot Air _ �+' Toilet Rm.Fl. &Wains. 1 -- -- Tiling Steam Toilet Rm. Fl. &Walls 3lanket Ins. - Hot Water St. Shower - ;oof Ins: Air Cond. - Tub Area Total Floor Furn. .. ✓� z0 a/ ROOFING COMPUTATIONS 21 gl Pipeless Furd. /� S. F. -- - Q. F. ,sph. Shine asp . Vood Shingle No Heat,?"� S. F. ksbs. Shingle Oil Burner 6 0 S.F. 13.J0 0 7,K _ ;late - - Coal Stoker - - - ile ��� �� - Gas. � V�M6f � ',' �� S. F. .. /g,M U _. -�/ � - ROOF TYPE Electric S. F. �'S ` �°� d�3 OUTBUILDINGS table Flat - S.F. - - 1 2 3 4 5 6 7 8 9 10 1 1 2 3 4 5 1 6 7 8 9110 MEASURED lip - Mansard FIREPLACES F. - - - Pier Found. Floor /-,7,,7-, ;ambrel - - - Fireplace Stack. - Wall Found. 0. H..Door O LISTED FLOORS Fireplace Sgle.Sdg. Roll Roofing i :onc: ' LIGHTING Dble.-$dg. Shingle Roof iarth No Elect. -. - DATE Shingle Walls Plumbing line -d ROOMS .- - - Cement Blk. Electric P ksph.Tile Bsmt. 1st A TOTAL a /3' Brick Int. Finish PRICED f�� Tingle 2nd `l 3rd FACTOR - REPLACEMENT - - - - OCCUPANCY CONSTRUCTION. SIZE AREA CLASS AGE REMOD. CONO. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. - - 7WLG. flf � ' z-"f�,� /1e s�C �-"_ ? No 3 /,FRSrl C r /� a21_n Goo ._S"� , 9,-0 `s a r �Ja �/1/jl.'I o o u 3 � l 2 3 .. 5, - --6 - . .: .. 7 _ g _ f0 - 'TOTAL .. / 170 ° RESIDENTIAL BUILDING PERMIT FEES APPLICATION FEE New Buildings ' $100.00 Residential Addition $50.00 ' Aherations/Renovations $50.00 P e=mit Amendment Building _ $25,00 I+' E VALUE WORKSBEET NEW LIVING SPACE square feet x$96/sq,foot= x.0041= plus frombelow(if applicable) ; ALTERATIONS=NOYATIONS OF EXISTING SPACE square feet $64/4q foot= x.0041= Plus from below(if applicable) GARAGES(attached&detached) square feet x$32/sq,ft._ x,0041= ACCESSORY STRUCTURE>120 sq,ft, >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 of- 1500 sf 100.00 >1500 sf-Same as new building Pemat square feetx-$96/sq,foot= x.0041= ' STAND ALONE PERMITS ; Open Porch x 330A0= (number) Deck x$30.00= ; Fireplace/ChirrineY. x$25.00 (number) In'ground Swimming Pool $60.04 Above Grouad Swimming Pool S25,00 RelocationlMb g . $150,00 (plus above if applicable) Permit Fee Prajcost - . Rrv,063004 Table aSz-la(cuumued) Psneriptive Packages for t]ne bad T�o-Family RealdentW Baildinp 711mted w'9t>t'' 11iAXfMUM MDUMUM Glaxing Glazing Ceiling Wall F3oor Hale Imd Slab Heatiag/Cooling A itar('day U-valor= R-valuer R-Yrluc' R-values Wall ,Pesiradrr Eq�Fmeat Et6dmc� Par'n3e R values R-valuer 1701 to 65DO Heating Degree Days 0.40 33 13 19 10 b Normal R 12% 0-52 30 19 19 10, b Noaasl g 12% 0.50 33 13 19 10 b 15 AFUE T 15% 036 33 13 25 NIA NIA. ?Normal U I3% 0.46 33 19 19 10 6 Yorma y 15% 0.44 38 13 23 NIA NIA AFUE }V 13% 0152 30 19 19 10 b 83 AFVE 032 31 • 13 25 NIA NIA Normal y i8•f,. Q4Z 33 19 25 NIA NIA Now Z 1 C%. G.4Z 33. 13 i9 10 690 AFVH }ti A 1"0% 0.30 30 14 19 i0 6 97,' AFUE 1. ADDRESS OF PROPERTY: 2, SQUARE FOOTAGE OF ALL EXTERIOR WALLS: - 3, SQUARE FOOTAGE OF ALL GLAZING: 4, °/a GLAZING AREA.(#3 DIVIDED BY'02): 5. SELECT PACKAGE (Q--AA-see chart above); 7 NOTEt OTTER MORE INVOLVED METHODS OF DE11 MM ING ENERGY REQUIRSIvI ' ARE AVAILABLE. ASK US FOR THIS INFORMATION. I MDIXG INSPECTOR APPROVAL: YES:. N0; q-forms-�S0303a : ., - RLBERT J. R 508-428-G528 P, 1 .�i JOSEPH D. DALUS Nuildin Ce..minienti _ TELEPHONE. 773-1120 EXT. 107 - TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING C OPY HYANNIS, MASS. 02601 November 6, 1981 Mr.� _Ruth Grover;,...-.�, ioase`. 3°5 Dear Mrs..Grover: Recently Mr. John McShane appeared at this office re the legality. of the installation 'of a utility sunk and heating a garage for occasional use as a workshop.. For that use permission was granted-provided-lie obtained the proper permits. On November 4th, Alfred Martin, Assistant Building Inspector and John Newton, Wire Inspector made an inspection and what a surprise. Mr.. Newton. not only found a water heater installed without a permit but. a dwelling unit wired. They..discovered this garage had a-stove, kitchen sink, refrigerator, bed; perhaps better described as an apartment unit. .Perhaps you were not aware of our zoning by-law which addresses such violations whereby the .._"Building Inspector may, where the situation requires., .cause a criminal complaint to issue from the First District Court at Barris table.or. may institute proceedings in Superior .Court to enjoin.the construction...... or use.of any building or the use of any premises in violation hereof.... So, Mrs. Grover, it appears you have some very serious.problems. Therefore I shall expect to.see.you in my office'aiithin seven (7)-days of receipt of this letter with a method for correcting this violation.' At that time a determination for compliance may be issued. Peace, Joseph D. Daluz Building Commissioner JDD/gr. s cc: Town Counsel . Board of Appeals Certified mail 358 287 423 -R.R.R. RESIDENTIAL PROPERTY MAP NO, LOT NO. FIRE DISTRICT SUMMARY _ STREET SC} o6l St. cotuit 20 AO �' )3, LAND ),2 ?O (1 7 2 BLDGS. - /�J J 0.-U_ OWNER -/f't a...G F /t : ;i.,t_ r4..trl... TOTAL 3 d c,7 0 LAN D RECORD OF TRANSFER DATE - BK PG I.R.S. REMARKS: -- LOt� 1: BLDGS. TOTAL LAND r51 PtttPi T -1-2-7-7-6-,—22A2-—2-4— v _I BLDGS. Grover, Ruthanne 5-24-76 2342 133 51?:00., TOTAL. -- — .. .. _/.✓ LAND «� f3C ,00\ BLDGS. Ol TOTAL CoLa� 11 rJ'o�49s LAND _ - BLDGS. TOTAL -- - LAND — BLDGS. i TOTAL LAND BLDGS. TOTAL - 'LAND INTERIOR INSPECTED: BLDGS. TOTAL DATE: G_���'70�/ . ✓ /.. , ,y —_ !.F LAND ACREAGE COMPUTATIONS BLDGS. rn LAND TYPE # OF ACRES PRICE TOTAL. DEPR. VALUE TOTAL ! HOUSE LOT �' ,� w J D 0 0 ,2 3 R 0 / / vZ Cl LAND CLEARED FRONT BLDGS. REAR TOTAL WOODS&SPROUT FRONT LAND REAR BLDGS. -- WASTE FRONT TOTAL REAR LAOID BLDGS. TOTAL LAND BLDGS. OI LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH % FRONT FT. PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER rn BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY NO RD. BLDGS. TOTAL I ALBERT J. R 508-428-6528 p, l JosEPM O. DALU2 x„aer.r ce-hdo.tr *EIEPMONEt 770-11]0 CXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR ' TOWN OFFICE BUILDING COPY HYANNIS. MASS. 02601 November 6, 1981 Mrs. _.Ruth Grove .21 oo :s ire Dear Mrs—Grover: Recently Mr. John McShane appeared at this office re th e legality. of -the installation 'of a utility sunk and heating a garage for occasional use as a workshop..' Far that use permission was granted*provided*he obtained the proper permits. On November 4th, Alfred Martin, Assistant Building Inspector and John Newton, Wire Inspector made an inspection and what a surprise. Mr. Newton. not only found a water heater installed without a permit but a dwelling unit wired. They..discovered this garage had a.stove, kitchen sink, refrigerator, bed; perhaps better described as an apartment unit. .Perhaps you were not aware of our zoning by-law which addresses such violations whereby the .._"Building Inspector may, where the situation requires., cause a criminal complaint to issue from the First District Court at Barris table.or. may institute proceedings in Superior .Court to enjoini.the-construction.,.....or use.of any building or the use of any premises in violation hereof....". So, Mrs. Grover, it appears you have some very serious.problems. Therefore I shall expect to.see.you in my office within seven (7).days of receipt of this letter with a method for*correcting this violation. At .that time a determination for compliance may be issued. Peace, Joseph D. DaLuz Building Cotmissioner JDD/gr. 9 cc: Town Counsel . Board of Appeals Certified mail 358 287'423 .R.R.R. Town of Barnstable y °^ Regulatory Services r • � ST"I'E'� Thomas F.Geller,Director fp 9. Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, - improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. • ( il. Type of Work: Estimated Cost Address of Work: r — Owner's Name: Date of Application: f I hereby certify that: Registration is not required for the following reason(s): E]Work excluded by law []Job Under$1,000 ElBuilding not owner-occupied ROwner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES ORPERJURY ` I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. 41 Date Owner's Name Q:fommslom ffid v 4 y November 6, 1981 Mrs. Ruth Grover 181 School Street Cotuit, MA 02635 Dear Mrs, Grover: Recently Air. John McShane appeared at this office re the legality of the installation of a utility sink and heating a garage for occasional: use as a workshop. For that use permission was granted provided he obtained the proper permits. On November 4th, Alfred Martina Assistant Building Inspector and John Newton. Wire Z as for made an inspection and at ,pec pe what a surprise.. Aar. Newton not only found a water heater installed without a permit but a dwelling unit wired. They discovered this garage had a stove, kitchen sink, refrigerator, bed; perhaps better described as an apartment unit. Perhaps you were not aware of our zoning by-law which.addresses much violations whereby the ..."Building Inspector may, where the situation requires, cause a criminal complaint to issue from the First District Court at Barnstable or. . may institute proceedings in Superior Court to enjoin. the construction...... or use of any building or the use of any premises in violation hereof....". So, Mrs. Grover, it ap*rs'you have same very serious problems. Therefore I shall expect to see you in my office within seven (7).days of receipt of this letter with a method for correcting this violation. At that time a determination for compliance may be issued. Peace, Joseph D. DaLuz Building Camissioner JDD/gr cc: Town Counsel Board of Appeals Certified mail 358 287 423 R.R.R. I rIF TWO ,i u UHF I- d mork 181 School St . , Cot . 6/ 16/06 Rom �_■ yy ,'d ,'� �. i` s- +• t Now, >'�.i,IC, 4• ��fi'•.�sr-• ,,' .3.f� �- .•�T���i�.� �.� r. �`y\ -j i�- � ' ' w.` -- �.y'._ � v '�,V""� ,:lF Jr-� _: - �_ �•+rs-«!�1 5'.p•ti7G1��•i.,,�.�-�L �' '; '�"r}• ^.; raw•')Jr" _. }'�,''l�.'i�y$� �,. ` i � �` ,s.�' a. �, '' '� � r, - ` �"!.. ';.�ivM � '!' �.,�.+ .���. I` j'-��..,� .'�c..(�r�',,`v +,�-�-r�.s.'�:. V� � - cy> •':/-+[''' is ^..-' ,� `� 5-'�� % _� - � _ l - _ le ',•:•-� - '''���.' r` �,�. .. � - :i�:;A�•` i` �iT .-��' sty, ' _.+,!� .. 'l ..t`.'i ,a +' ♦ -%'r' a� ! ._, ,r--'` . - IAV �. �-' .;f � � �;�1 •+.Y ,/> .�7M' .r :'� t .yam _'��'� 181 School St . , Cot . 6/ 16/06 rr - Page 1 of 1 Perry, Tom From: ALBERT RUSSO [ajrusso1 @msn.com] Sent: Wednesday, October 19, 2005 12:00 AM To: Perry, Tom Cc: David Burgess; Susan Limoncelli Subject: 181 School St, Cotuit-- Plans/Status Thomas Perry o y Building Commissioner Town of Barnstable 200 Main St. Hyannis, MA 02601 Tom, thank you for your consideration with respect to the zoning problems we have inherited with the purchase of our home at 181 School St, Cotuit. It is much appreciated. You requested a letter describing where we are with the longer term issue of what we want/can do with our property. As of today, Tuesday, October 18, we had an initial telephone discussion with attorney Michael Ford of Harwich about the dilema we find ourselves in at this time. After giving him a brief summation of events from the receipt of the initial letter from the town until now, he asked that we provide him the various documents we have for his review. We agreed to then set up a meeting to discuss the options that he might see available based on his understanding of the situation. We will be getting the documents to him tomorrow and I would expect that we will be able to meet with him sometime within the next week. We would expect to come out of that meeting with an initial plan of action, whatever that might be. That should put us out somewhere around the first of November with something to bring to the Town. I also called attorney David Burgess and informed him that you and I agreed to "stand down" for now to allow us to pursue the long term solution as described above and at the same time pursue the repairs to the outside of the house and cottage while weather and time allows. I believe this covers all that we discussed today. Please let me or Susan know if there is anything else you need at this time. Again, thanks for listening and providing a pathway to move forward. Bert Russo q 10/24/2005 As ssor's office(1st Floor): Assessor's map and lot number ;�_ 4 0 MUST � - S W �fVSTBe Q�piTHEtO`` Board of Health(3rd floor): INSTAMMIN Compumce . e Sewage Permit number Engineering Department(3rd floor): / � ��A .CODE AND = DA839rsnr c House number � ,$ � �j'f l� + ■+ua Definitive Plan Approved by Planning Board 191r0V4N IMULAM®N�'J' o Y�v s• APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE BUILDING AN'SPECTOR APPLICATION FOR PERMIT TO 9.X PA O D 1V A M I L Y k 00 M TYPE OF CONSTRUCTION woo D �Q��E 19 - TO THE INSPECTOR OF BUILDINGS: ' The undersigned hereby applies for a permit according to the following information: Location MAS!�-ACH-LkS a J Proposed Use rAC A 1 L q R100 Zoning District 2Es` p�11 � L.__ Fire District s VG A C oTtkt -r Name of Owner_kl/tfM AA)N) ; (:�kQVGe, Address Name of Builder Addre Name of Architect J� ��/y�ll (L � J�, Address d7A Number of Rooms (D\)-I�E Foundation �}('fie.ETA pu V Exterior No oc> 65 +I I3 e- Roofing —ASf V-k-A-L-F Floors WOO b Interior Heating__ � � �� )k- Plumbing +VV Fireplace �K--� - Approximate Cost 4$ 10 (00 Area ®a Diagram of Lot and Building with Dimensions fee Le OCCUPANCY P Rf41i f LINGS ' I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. s Name- JT ,y(c Construction Supervisor's License v J.'..,� 1�V+gar s. r +r NQ 321 �976 Permit For . ADDITION Single Family dwelling ~V Location 181 School Street Cotuit Owner Ruthanne Grover Type of Construction Frame Plot Lot Permit Granted June 14, 19 8 Date of Inspection 19 orn ed 19 PTO i r •' PURCH. DATE :one.Stab Bsmt.Garage St. Shower Ext. Walls PURCH. PRICE. Pick Walls T Attic Fl. &Stairs Toilet Room Roof RENT ./98. I A ;tone Walls Fin.Attic N Two Fixt.Bath IS Floors V 'iers INTERIOR FINISH Lavatory Extra ismt. x •F U I' 1 2 3 Sink Attic / \. Z r/ Plaster d Water Cie. Extra EXTERIOR WALLS Knotty Pine /;z Water Only Jy %� Bsm t Fin. ' louble Siding Plywood No Plumbing • 1.1• ;ingle Siding Plasterboard Int. FI^• IAJ,P,P 3 9, �• �• . jonln j,Shingles TILING may_ one. Blk. G F P Bath FL Heat 'ace Ork.On int.Layout Bath Fl.&Wains. Auto Ht.Unit f^ a o /9 Veneer Int.Cond. Bath Fl.&Walls y ' Fireplace •�— �0 :am.'Brk.On HEATING Toilet Rm.Fl. 13 Plumbing olid Cam. Brk. Hot Air V'' �1 Toilet Rm.Fl.&Warns. I Tiling Steam Toilet Rm.Fl.&Walls Ilanket Ins. Hot Water St. Shower 13 :oof Ins. Air Cond. Tub Area Total Floor Furn. �/� 1D •, ROOFING COMPUTATIONS 0� �, ✓ afu %sph. Shingle_ Pipeiess Furn. // S•F• /7/ 0 °Z7 Vood Shingle No Heata�✓p FIT, a U S. F. 3 j U Isbs. Shingle Oil Burner (� S.F. 3-ff J 0 ;late Coal Stoker S F. // O 'ile Gas C)A// "�`� S.F. �-.� ' OUTBUILDINGS e+Z.5 /r� �-/J ROOF TYPE Electric cable Flat S.F. 1 2 3 4 5 6 7 8 9 10 1 213 4 516 718 9 10 MEASURE S.F. Pier Found. Floor lip Mansard FIREPLACES :ambrel _ Fireplace Stack ` Wall Found. 0.H.Door o LISTED FLO RS Fireplace Sgle.Sdg. Roll Roofing _ :one. LIGHTING Dble..Sdg. Shingle Roof iarth No Elect. - DATE Shingle Walls Plumbing 6 —e0~ 'ine lardwood .—� ROOMS Cement Bik. Electric O Int.Finish PRICE Isph-Tile Bsmt. 1st , TOTAL a?S'//3" Brick /D�� Tingle 2nd `� 3rd FACTOR ' REPLACEMENT OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. )WLG. /`�%�f / / � �—?d?, % _. S�✓t ? Na /,',f3.5 3 /(F.Z S�J F'F',,/i ...� 1 I'-' or`-= '. i� �i7 i�? o �� pJ� al�I!'.� o n u 2 _ 3 4 5 6 'Pr B ' ,+ Q ;.O TOTAL / 97e � RESIDENTIAL PROPERTY MAP NO. LOT NO. FIRE DISTRICT SUMMARY STREET School St. Cotult 20 90 - C ?3 LAND ).230 u BLDGS. /C/ J o 0 OWNER /f'c_.e_:G. , ...y :./.t.G Z.�l'lrGi� TOTAL LAND ( RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: Ilf�t't!w 4 LOt 15 BLDGS. TOTAL • LAND ._ Ann BLDGS. Grover, Ruthanne 5-24-76 2342 133 'P TOTAL `--- — -- / LAND I SC�,00\ Sr pax o�pia -- BLDGS. TOTAL 0d24 LAND BLDGS. TOTAL LAND BLDGS. TOTAL LAND BLDGS. 0) TOTAL LAND INTERIOR INSPECTED: BLDGS. TOTAL DATE: �-../�.,,��� '' •*.1a' 1 T � .;s rJ.,. �• LAND J ACREAGE COMPUTATIONS BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HOUSE LOT 7� G� (D 0 O 12 3 0 / / 3 0 J LAND CLEARED FRONT O, BLDGS. REAR TOTAL WOODS&SPROUT FRONT LAND REAR BLDGS. WASTE FRONT - TOTAL REAR BLDGS. TOTAL LAND 1- 25' . 60 zo 0) BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT- DEPTH STREET PRICE DEPTH rya FRONT FT. PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND !��D ROUGH TOWN WATER BLDGS. 01 HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY NO RD. BLDGS. re �1l Trial Court of f the Commonwealth District Court Department First Barnstable Division Barnstable, .MA. 02630 ROBERT E.POWERS W.JAMS O•NEI L CLERX =RAM raesmaee�usncs . rrreuLris 7.ARDiTOIIl 40AN E.LYNCH nasii�svgrnxz ctewcaTu'rcrawis msrtes . MARIOIt E.BROAnICLC DON L.CARYItMER - ASMrarrcv WxfdAGMMTZ iarnCZ i FAX TRANSNUSSION Fax#: (508) 362-0213. Phone#: (508) 375-6600 ow of Date: Fax#: r Pages: �� Including cover sheet: (S7bg) From: S',�F CA-r +,bc) Subject: �+ .J s c 4� ,led 03����7 �2 (14OwC cL CON UV NTS: • SG .,fir � � ,� Ze 3 SUMMONS FOR DEFENDANT DOCKET NUMBER Trial Court Of Mas$aChtlSettS District Court Department SUMIVIO�IS FOR WITNESS magistrate's Heating ME AND ADDRESS OF COURT DIVIS"ONJ SESSION: ❑ CRIMINAL ❑JUVENILE ❑ JURY $K MAGISTRATE HEARING NAME,ADDRESS AND ZIP CODE OF DEFENDANT Barnstable District CouU MUST rRoute 6A EAR AT Barnstable, Ma. 02630S COURT RESS ON E DATE DTIME SUSAN LIMONELLI DATE AND TIME OF APPEARANCEECIFIED EREIN J3/29/07 AT 2:00 P ~J L DATE TIME NAME,ADDRESS AND ZIP CODE OF WITNESS OFFENSE(S) r Linda Edson Town of Barnstable Building Dept. Hyannis, MA 02601 L � TO ANY PERSON AUTHORIZED TO SERVE CRIMINAL PROCESS IN THE COMMONWEALTH: You are hereby commanded to forthwith serve the annexed summons upon the defendant or witness named within by delivering it to the defendant or witness personally,or by leaving It at the dwelling house or usual place of abode of the defendant or witness with some person of suitable age and discretion then residing therein, or by mailing it to the last known address of the defendant or witness. NOTE:A summons for a witness may also be served by any person authorized to serve a summons in a civil ac- tion. See Rule 17 (d) (1)of the Massachusetts Rules of Criminal Procedure. To the above named ❑ Defendant Witness: You are hereby ordered to appear in this Court on the appearance date noted above ❑ To answer to a criminal complaint charging you with the offenses) listed above. To give evidence and testify on behalf of the �n Commonwealth ❑ Defendant in the matter described above, and to appear from time to time and day to day thereafter as ordered. You are further required to bring with you: FIRST JUSTICE DATE OF ISSUE CLERK M I TRAT WITNESS: Hon. W, James O'Neill 3/19/07 RETURN OF SERVICE I hereby certify that I served the within summons upon the above named ❑ Defendant ❑ Witness by ❑ Delivering a copy of it personally to the defendant or witness. ❑ Leaving a copy of it at the dwelling house or usual place of abode of the defendant or witness with a person of le age and discretion residing therein. [q /0 7 suitable g nt or witness. t^[� d 6,e� l Mailing a copy of it to the last known address of the defends � 6 ❑ 1 received the summons on but I was unable to make service because: PATE RECEIVED P O N TITLE OF PERSON MAKI SERVICE DATE OF ERVICE 51GNATU F OC3�l9 .s APPLICATION No. Trial Court of Massachusetts , ! APPk:I.CATI:ON.FOR.CO:MPLAIN 062.5 AC 005857 District Court Department COURT NAME" fhe Complainant named below requests that NEXT SCHEDULED EVENT CODE AND DATE a Complaint Issue against the defendant for CH 3/29/2007 ARNSTABLE DISTRICT COURT the offense(s)listed below. r CITATION NO. , NO.COUNTS POLICE DEPT POLICE INCIDENT NO. OFFENSE DATE OFFENSE$CATION ARREST DATE BAR7 02 9 6 . 1 BAR. 10/03/06 DEFE:N.Dfil�(T`�DENTIFI.Cd7IO.N' MIDDLE NAME FIRST NAME- MID 'LAST NAME SUSAN LIMONCELLI STREET ADDRESS ALIAS NAME(LAST,FIRST,MI) 181 SCHOOL ST BOX 796 STATE ZIP HOME PHONE CITY COTUIT MA 02 635 STATE OF BIRTH PCF NO. LICENSE STATE SID NO. - ETHNICITY HEIGHT WEIGHT COMPLEXION HAIR EYES MARITAL STATUS SEX . • .,-.- :O.�F'�N:S.�-(NF,ORMATION• ' • - • OFFENSE DATE CHAP/SEC/SUB DESCRIPTION 1 666666 ISCELLANEOUS MUNIC ORDINANCE/BYLAW VIO CTOBER 3 , 2006 AVING MULTI-FAMILY HOUSE IN SINGLE FAMILY ZONE ZONING 2 4 0-14 OFFENSE DATE CHAP/SEC/SUB DESCRIPTION OFFENSE DATE CHAP/SEC/SUB DESCRIPTION OFFENSE DATE CHAP/SEC/SUB DESCRIPTION NDANT NAME,IF ANY FIRST CODEFE , JAIL? IF NOT IN CUSTODY,BAILED TO COMPLAINANT DETECTIVE RICHARD S. MORSE N IRST FOUR WITNESS NAME(S) PLO FROM TO MOTHER'S MAIDEN NAME(LAST;"FIRST,MI)' NAME(S)OF EM YERS)OF DEFENDANT FATHER'S NAME(LAST,FIRST,MI) EMPLOYER PHONE DEFENDANT WORK PHON OCCUPATION REMARKS - E ,..�. _ APPLICATION NO D PENDANT LAST NAM 0625 -- x f. ` .,::-PL ►1;11 ';a AC 0 0'5 8 57 LTMONCELLS c>:;::;::::;,.,'.;:.:,::•.:;,..•.., ACTION DATE JOG/MAG s,,... ENTRY DATE CODE DOCKET ENTRY 11/24/06 AC APPLICATION. FOR .COMPLAINT FILED• 1/04/06 CJA 11/24/06. CH CLERK'S HEA.RING`:ON COMPLAINT APPLIC SCHED FOR 1/04706 CJA CONTINUED 1_/04Y 07 CJA ;" 12/27/06 C CLEI2K,S HEARING ON.-COMPLAINT APPLIC. SCHED FOR 12/27/06 CH 1/.04/07, RJD �1/08/07 .HEARING CONT. FOR-BOARD OF• APPEALS DECISION 3/15/07 RJD 1/08/07 C CONTINUED ],/08/07 CH CLERK'S HE ON COMPLAINT` APPLIC SCHED FOR 3/.16%07„ NO ONE APPEARED- MATTER CAIADO 'TO CHECK ON 3/15/07 REP 3/16/07 MATTER (REF) 3/16/07 C CONTINUED 3/29/07 REP 3/16/07 CH CLERK'S HEARING ON COMPLAINT APPLIC SCHED FOR' •.q v Yr i r�wL /` �p DATE ACTION TAKEN _. DATE jj COMPLAINT TO ISSUE M. ❑ Arraignment set for: ❑ Summons for defendant ❑ Warrant for defendant • M: p SCHEDULE FOR CLERK'S HEARING " M: p SCHEDULE FOR JUDGE'S..HEARING - M, ❑ HEARING CONTINUED-NEXT DATE ❑ .COMPLAINT DENIED AS TO ALL COUNTS . REMARKS ❑ SEE CHANGES ON FROM I ��c*�k�kN�sk�k�kA�k&Rsk�k&k% k&xc�k�k*��c xc�c ACTIVITY REPORT ST."TIME CONNECTION TEL CONNECTION ID NO. MODE PGS. RESULT 03/14 07:47 8883952941 7337 AUTO RX ECM 1 OK 00'23 03/14 08:14 508 362 0213 BARN CLERK'S OFF 7338 AUTO RX ECM 3 OK 00'49 03/14 08:21 7339 AUTO RX G3 2 OK 01'14 03/14 09:33 5087759705 7340 AUTO RX G3 1 OK 00'53 03/14 10:44 5087756621 7341 AUTO RX G3 1 OK 00'53 03/14 11:05 7342 AUTO RX ECM 1 OK 00'29 03/15 06:56 888 395 2941 7343 AUTO RX ECM 1 OK 00'30 03/15 08:48 508 255 6700 COASTAL ENGINEER 7344 AUTO RX ECM 1 OK 00'20 03/15 08:52 5087759705 7345 AUTO RX G3 1 OK 00'52 03/15 09:37 7346 AUTO RX ECM 2 OK 00'24 03/15 09:49 5087756621 7347 AUTO RX G3 1 OK 00'51 03/15 14:30 5087757071 7348 AUTO RX ECM 1 OK 00'32 03/15 14:42 915087785688 0462 TRANSMIT ECM 1 OK 00'57 03/16 09:44 5087756621 7349 AUTO RX G3 1 OK 00'52 03/16 09:59 5087759705 7350 AUTO RX G3 1 OK 00'53 03/16 14:11 5087900062 0463 MANUAL TX ECM 2 OK 00'57 03/16 14:50 95087470231 0464 TRANSMIT ECM 3 OK 00'40 03/18 13:29 7351 AUTO RX ECM 1 OK 00'32 03/19 08:20 5087759705 7352 AUTO RX G3 1 OK 00'52 03/19 09:13 508 362 0213 BARN CLERK'S OFF 7353 AUTO RX ECM 4 OK 01'12 Parcel Lookup Page 1 of 1 rk r.rj �•. } w o- I ( '°9 i SA{N5 rAV,L m m' G.iO -^' f + N� V'VV'4i'V Ai! V✓-. �K 44f W-s w Logged In As: Parcel Lookup Thursday, Jut Road Lookup Condo Lookup Multiple Address Lookup Reports Search Options Search By OWrler Owner Name LIMON l Search.. <Prev Next> Page 1 of 1 Rows/Page Parcel Location, Owner Village Ma 020-090 1-81 SL STREET LIMONCELLI, SUSAN COT 02( 023-002 207 MAIN STREET(COTUIT) LIMONCELLI, SUSAN M COT 02, 118-098 321 TOWER HILL ROAD LIMONCELLI, SUSAN M OST 111 http://issql/intranet/propdata/lookup.aspx 6/19/2008 JOSEPH D. DALUZ TELEPHONE: 775.1120 Building Commissioner EXT. 107 5 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS. MASS. 02601 November 6, 1981 z 59 Mrs Ruth Grover-----, '1181- School._Street --7 f J Cotuit, MA 02635----. Dear Mrs. Grover: Recently Mr. John McShane appeared at this office re the legality of the installation of a utility sink and heating a garage for occasional use as a workshop. For that use permission was granted provided-lie obtained the proper permits. On November 4th, Alfred Martin, Assistant Building Inspector and John Newton, Wire Inspector made an inspection and what a surprise. Mr. Newton not only found a water heater installed without a permit but a dwelling unit wired. They..discovered this garage had a -stove, kitchen sink, refrigerator, bed; perhaps better described as an apartment unit. I Perhaps you were not aware of our zoning by-law which addresses such violations whereby the .. ."Building Inspector may, where the situation requires., cause a criminal complaint to issue from the First District Court at Barnstable.or. may institute proceedings in Superior -Court to enjoin. the ..construction. . .... or use of any building or the use of any premises in violation hereof. .. .". So, Mrs. Grover, it appears you have some very serious.problems. Therefore I shall expect to .see you in my office within seven (7).days of receipt of ! this letter with a method for correcting this violation.' At that time a determination for compliance may be issued. r — Peace, Joseph D. DaLuz Building Commissioner JDD/gr. cc: Town Counsel Board of Appeals i Certified mail 358 287 423 R.R.R. k pQI E,p� Town of Barnstable ~°^ Regulatory Services Mnss. Thomas F. Geiler,Director s63q. �0 .eTF0396. 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 Notice of Building code Violation and Order to Cease, Desist and Abate: Susan Limoncelli and all persons having notice of this order. As owner/occupant of the premises/structure located at 181 School Street Cotuit, MA Assessor's Map 020 Parcel 090 you are hereby notified that you are in violation of the Massachusetts State building code 780 CMR Section 110.1 and are ORDERED this date September 29, 2005 to: 1. CEASE AND DESIST IMMEDIATELY, all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: 780 CMR Section 110.1 Failure to obtain the proper permit to renovate an accessory structure. 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: Dismantle all unpermitted work or obtain the proper permit. And, if aggrieved by this notice and order,to show cause as to why you shouldnot be required to do so,by filing an appeal with the State Building Code Appeals Board(as specified in Article 1, Section 122 of 780 CMR State Building Code)within forty-five (45)days after the service of this notice. By order, Jeffrey L. Lauzon Local Inspector .I ELWynn &Wynn, • ATTORNEYS • May 29, 2007 300 Barnstable Road Hyannis,MA 02601 Via:First Class Mail Faxx(508)775.1244 Thomas Perry 1 tp:// ww.wynn Building Inspector http://www.wynnwynn.com Town of Barnstable ' 200 Main Street Elizabeth Hyannis MA 02601 ) C. Richard A..Marioarto nee , = Kevin P.McRoy** - Robert F.Mills € Charles D.Mulcahy RE: Susan Limoncelli = I � John J.O'Day,Jr. _— —..+....•.o�.�., Kevin J.O'Malley 181 School Street, Cotuit;MA—\ Raymond C.Pelote* y Thomas E.Poore s Application for Building Permit s Michael J.Princi Ryan E.Prophett -'' Co Rebecca C.Richardson Dear Mr. Perry: n ;_�, Janice E.Robbins William Rosa* Sarah P.Schlegel Dina M.Swanson I enclose herewith for submission the following: Andrew A.Toldo Robert Venturo John A.Walsh 1. Application for Building Permit for 181 School Street, Cotuit, MA Paul F.Wynn Thomas J.Wynn (renovation of pre-existing non-conforming cottage and repair and renovation of front porch); Of Counsel Hon.Robert L.Steadman(Ret.) 2. Workers' Compensation Insurance Affidavit; Thomas A. an Hon.James F 3. Affidavit Home Improvement Contractor Law; F.McGillen,II(Ret.) William E.O'Keefe 4. Copy of letter from Joseph DaLuz, prior Building Inspector, dated November 6, 1981; '5. Building Permit issued by the Town of Barnstable dated June 12, Admitted: 1989; *Massachusetts and Rhode Island 6. - Assessing record from the Town of Barnstable dated August 9, 1995 **Ma ss achusetts and New Hampshire showing assessment of converted cottage from fiscal year 1989 following the issuance of the Building Permit; 7. Assessing record from 1973 for 181 School Street, Cotuit, MA; 8. Assessing record from 1998 for 181 School Street, Cotuit, MA; 9. Assessing record from 2007 for 181 School Street, Cotuit, MA; 10. Deed from Ruthanne Grover to Susan Limoncelli recorded in Book 20147, page 244 dated August 9, 2005; and 11. Copy of letter dated April 27, 2007 from Robert McKechnie to Susan Limoncelli with a copy of 780 CMR 111.2 attached. By way of background it appears that in 1981 following the Joe DaLuz letter, Mrs. Grover began using the garage as.an apartment. The garage was continuously used as an apartment from 1981 through 1989,when Mrs. Grover again applied for a building permit for the property. As indicated by your records it was at that time that the Assessing Department, following the Building Department granting of a building permit and occupancy,re-evaluated the property and picked up the garage conversion. Since 1989, the Grovers and/or Ms. Limoncelli have paid taxes on the proerty for the atpartment in the gara�e area,5 It would appear from the Affiliate Offi e: aynharn 90 New S to Highway 0 Raynham,M 2767 • 08)823.4567 records that upon the issuance of a Certificate of Occupancy in 1989, which Certificate of Occupancy likely approved all of the uses and activities on the site, the parcel was reassessed as multi-family with the apartment included. You will note that through 2007 the property continues to be appraised with an apartment. Consistent with the statement of Robert McKechnie of your department in the April 27 letter,the Building Department in 1989 should not have issued a building permit or an occupancy permit based upon 780 CMR 111.2. At the time of the issuance of the Building Permit in 1989, the Grover's property may have been unlawful and the construction thereon contrary to then existing zoning for residential uses. Notwithstanding,the building permit issued and a Certificate of :Occupancy likely followed. This of course was followed by the reassessment, proving the acceptance by the Town of the apartment. Consistent with Chapter 40A, Section 7,the Building Department in 1989 in issuing the Building Permit in essence approved improvements to a property, which technically may have been in violation of zoning. The Certificate of Occupancy alerted the Assessing Department to include the apartment. The property continued to be used from 1989 to the present as a multi-family property with the converted garage as an apartment and the main dwelling. Recently,your Department took action to compel the abandonment or modification of the use, which was allowed in 1989. Under Section 7, since the use has remained in existence for over twenty years, I believe that the property has been grandfarthered under Section 7, and Ms. Limoncelli is permitted to use the garage as an apartment. Further, the Building Department has no authority to seek an alteration, removal or relocation of the cottage, since it has been used as a cottage for the past 25 years. It is critical to your analysis that the Building Department in conjunction with the Assessing Department recognized and was aware of the existence of the garage apartment from 1989. On the basis of the foregoing, I respectfully request that the Building Permit issue. As a further note, you are aware that prior to Susan Limoncelli purchasing the property, Town officials knew of the existence of the apartment and formed an intention to change their view of the apartment as illegal, notwithstanding 17 years of assessment as a multi-family property. Those Town officials intentionally failed to notify the Seller and allowed Susan Limoncelli to rely upon the assessing records, which clearly showed that the property had been recognized by the Town for over 17 years as a multi-family property. Also, in attempting to locate the additional records from the 1989 Building Permit, I found that there were no additional records of the Certificate of Occupancy issuing notwithstanding the reassessment. I have a strong feeling that that Certificate of Occupancy from 1989 clearly reflected the approval of the Building Department for multi-family use on the premises and that that information was passed to the Assessing Department. Thank you for your consideration of this request. If you have any questions, please feel free to contact me. Very truly yo s, W C. i hae . Pr' i MJP/crs enclosures cc: S. Limoncelli E:\MJP\LMONCE\PERRYI.WPD I _ * ATTORNEYS - 1110 20 PII 3 02 300 Barnstable Road November 20, 2007 Hyannis,MA 02601 (508)775-3665 Fax(508)775-1244 1 (800)899-3003 http://www.wynnwynn.,o. Debi Barrows Building Division Town of Barnstable Elizabeth K.Ealaschak 200 Main Street Kelley A.Doherty Richard A.Marione Kevin P.McRoy** Hyannis, MA 02601 Robert F.Mills Charles D.Mulcahy John J.O'Day,Jr. RE. Susan Limoncelli Kevin J.O'Malley Raymond C.Pelote* .1.81.School,,S.treet„Cohiit..MA_ Thomas E.Ponies J. Michael J.Princi Application for Building Permit Ryan E.Prophett Rebecca C.Richardson Janice E.Robbins Dear Ms. Barrows: William Rosa* Sarah P.Schlegel Dina M.Swanson Andrew A.Toldo I enclose herewith my office account check in the amount of$45.20 for the Robert venturo . records which I requested on 181 School Street, Cotuit, Massachusetts. Thank you John A.Walsh Paul F.Wynn in advance for your cooperation and assistance in this matter. Thomas J.Wynn Of Counsel Please forward the documents to me at your earliest convenience. Hon.Robert L.Steadman(Ret.) Hon.James F.McGillen,11(Ret.) William E.O'Keefe Very trultnc .C. Admitted: *Massachusetts and Rhode Island **Massachusetts and New Hampshire e MJP/crs enclosure cc: S. Limoncelli E:\MJP\LIMONCE\barrows.wpd >I Affiliate Office: Raynham 90 New State Highway•Raynham,MA 02767 0 (508)823-4567 Town of Barnstable Regulatory Services t x r x x x BAMSfABLE. MASS. �, Thomas F. Geiler,Director �A .i639 ,e TE1639 p Building Division -Thomas Perry, CB0 Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.mams Office: 508-862-4038 Fax: 508-790-6230 November 13, 2007 Robert F. Powers, Clerk Magistrate Barnstable District Court Route 6A, PO Box 427 Barnstable, MA 02630-0427 RE: Clerk's Hearing Application No. 0725 AC003211 Susan Limoncelli 181 School Street, Cotuit, MA Dear Clerk Magistrate Powers: This office requests to have this case dismissed, since the issues covering the above referenced matter are proceeding to the Zoning Board and a hearing date assigned. Very truly urs, ThomaPPerry.,CB0 Building Commissione oFtHEr Town of Barnstable Regulatory Services * BARNSTABLE, v MASS. Thomas F. Geiler, Director Qjp 1639. 10 rFn,�+A Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis,MA 02601 . www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 November 16, 2007 Attorney Michael J. Princi Wynn & Wynn, PC 300 Barnstable Road Hyannis, MA 02601 . RE: Massachusetts Public Record Request Susan Limoncelli 181 School Street, Cotuit,MA Appeal No. 2007-011 Dear Attorney Princi: For copies of documents pertaining to 181 School Street, Cotuit MA please pay .the . following: 164 Copies at .N a page 32.80 1/2 hr of Clerical time at 15.59 7:80 Postage 4.60 TOTAL $45.20 Please make check payable to the Town of Barnstable -------------- Sincerely, Debi Barrows Administrative Assistant • ATTORNEYS • 20 01 PM 2: i3 300 Barnstable Road November 13, 2007 Hyannis,MA 02601 Via: First Class Mail 8)775-3665 Faxx(508)775-1244 Thomas Perry, Director Jeffrey Rudziak, Director 1 tp:// 8w.wynn Building Division Assessing Program http://www.wynnwynn.com Town of Barnstable Town of Barnstable 200 Main Street 367 Main Street Elizabeth K.Balaschak Hyannis, MA 02601 Hyannis, MA 02601 Kelley A.Doherty Richard A.Martone Kevin P.McRoy** Robert F.Mills RE: Massachusetts Public Record Request Charles D.Mulcahy John J.O'Day,Jr. Susan Limoncelli Kevin].O'Malley 181 School Street Cotuit MA Raymond C.Pelote* Thomas E.Pontes Appeal No. 2007-011 Michael J.Princi Ryan E.Prophett Rebecca C.Richardson Janice E.Robbins Dear Messrs. Perry and Rudziak: William Rosa* Sarah P.Schlegel Dina M.Swanson This is a request under the Massachusetts Public Records Law(M.G.L. Andrew A.Toldo Robert Venturo Chapter 66, Section 10). John A.Walsh Paul F.Wynn Thomas J.Wynn I am requesting that I be provided a copy of the following documents: Of Counsel Le Hon.Robert L.Steadman(Ret.) All assessor records, reports, field cards; reassessment.records, Hon.James F.McGillen,II(Ret.) =- William E.O'Keefe inspection records or data files'of`any'kn'd'-from 1970 to the present for 181 School Street, Cotuit, MA, Assessor's Map 20 Lot 90. Admitted. All building department records, reports, field cards, reassessment *Massachusetts and Rhode Island records inspection records or data files of any kind from 1970 to the **Massachusetts and New Hampshire � � present for 181 School Street, Cotuit, MA, Assessor's Map 20 Lot 90. I recognize that there may be a reasonable charge of costs for the photocopies, computer disks, or personnel time to comply with this request. I would like notification if the cost is going to exceed Fifty ($50.00) Dollars. As you are aware, I must be provided with this information within 10 days. If you cannot comply with my request, please provide an explanation in writing. Very truly'yours; F, rYNN, P.C. Mic J. Prmci MJP/kml cc: S. Limoncelli EAMJPAfflU0A W"RR1W04nW9®New State Highway 0 Raynham,MA 2767 • (508)823-4567 f A. ssor's office(1st Floor): ��a �`��o SEPTIC MUST OF Assessor's map and lot number p*1HE>p /�/�`A® �p� I Board of Health(3rd floor): g *�'" IN�A�, �' �iiVpR,P+��liiC9 Sewage Permit'number Wft " 2 BAH39T1►DLL, Engineering Department(3rd floor): n ENVIRONMENTAL CODE AND � rssa House number J 1639. TOVM REGULAMONS 00 0 ypY d�®� Definitive Plan Approved by Planning Board 19 APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE BUILDING INSPECTOR n; APPLICATION FOR PERMIT TO CX PA P� P rA M I L T k DO M TYPE OF CONSTRUCTION woo �UN� IZ 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location Proposed Use rAM k L_Y ?,00 tv, Zoning District 2t s p�Y� I A P:_: Fire District V EN CO TlA l Name of Owner �LL�1A-(\) Address JkkAI5 Name of Builder Addre Name of Architect Address �'41r� j Number of Rooms 01� Foundation W&n C-A2.CTe 1?)LL-)C-K- Exterior `wo m 5 Vf 1 k) &L0S Roofing ASP VA-a2.T VLA Floors V`��U Interior 5aEz:r P..(� Heating ' y � G `� Plumbing N)ok) Fireplace � Approximate Cost$ t 000 Area �� S. ®®Diagram of Lot and Building with Dimensions Fee � J t C y - o , OCCUPANCY P 'PiV'651"6{HEU LINGS I hereby agree to conform to all the Rules,and Regulations of the Town of Barnstable regarding the above construction. Name Construction Supervisor's License VF2, RUTHANNE h4w 32976 ADDITION Plo Permit For - Single Family dwelling Location 181 School Street Cotuit Owner •Ruthanne Grover Type of Construction Frame { t Plot Lot - f 14, ' Permit Granted June 19 8 9 Date of Inspection 19 [Ma e;�omkted - 19F. t crc � Wn l } IL _ ..`dv. - - ,: .. r ., Y + -r .✓ ,yt ,�. _..+ ;. llif 'v *-:iVs� c ,, ip w _4 ..+ i..4✓ .-4 _4, Y' „di "Ar �c.'acaiw-u' a .i�.na..--c..ti � r w�'" t,d s.�1';.., ;y. ,;. i �..:F+.. V7.y . T As�s�s$cr office(1st Floor): 17 /f Assessor's map and lot number Q ! �o�7HE ,"goad of Health(3rd floor): °+ ew ♦w Sewage Permit number - � S `i • Z BAHd9?oBLL i Engineering Department(3rd floor): n rnaa ,�- House number tf �O 1639. \®0� Definitive Plan Approved by Planning Board a APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR`PERMIT TO EX eA N D T-A IkA I L 00 M TYPE OF CONSTRUCTION �l,lN� IZ 19F i 4 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location `n SCEl(-UL_ PA5'�AC �iU 71 Proposed Use rA C_00 0 Zoning District ��E!5 t� r\)l I, Fire District 54'y G (V C7 TLk I T __2Name of Owner 'fe I CS,UV 0e- Address A L !� _Name of Builder - :" -f�t� Address • ^ram Name of Architect I. Address �k 11' erJ% %/� � �- Number of Rooms UI� l� Foundation r nor k C'i r. P)ZbC. K. Exterior V\I0 Ob 5 0 1 N-) b LLS Roofing A SO�A A L_F Floors C)0 Interior .JN r F_-T k�:,CSC.K Heating �C t� C_ C 1 A k� Plumbing Fireplace �-� 1 C - Approximate Cost C), C) Area t � Diagram of Lot and Building with Dimensions Fee `° I .4, < i } OCCUPANCY 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 /W" �%%7r/l�/ �?�/ /!f' i Construction Supervisor's License GROVER, RUTHANNE A=020-090 ay t �Jo t32976 Permit For ADDITION Single Family Dwelling Location 181 School Street Cotuit Owner Ruthanne Grover Type of Construction Frame Plot Lot Permit Granted June 14 , 19 89 Date of Inspection 19 Date Completed 19 o0Z Af, �� N EOFOFE ` F �i �r^'(_ �i.:� a YA11 1 0V6 TOWN OF A E/Oj j WWI BARNSTABLE clTv,s n>j Cr`E� /t g ��// NAN MASS. aI.k:. DV R S I i / r. ( T '�+ +" !• 7"4/ dR .. A I e, 8 ` N . 0 CD TIME AND GATE,. VIOLAT40N"h L G TI N�0 VI L TION � � tZlt NOTICE OF l (A.M.)/ P.M.a ON1013 zod g SlGNATQREOF ENFOR G PERSO E . CING EP .BADGE N0. W VIOLATION !`�.hk. R D o0 OF TOWN I EREBY ACKNOWLEDGE RECET-T OF CITATION X Uj ORDINANCE C Unable to obtai signs re of` a der. z' f �t3 �< t THE NONCRIMINAL FINE FOR THIS OFFENSE IS S � Date mailed a OR YOU HAVE THE FOLLOWING'A'TERNATIVES WITH REGARD TO DISPOSITION'OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. r u.I REGULATION You ma elect to a the above fine,either b a e In m arson between 8:3o A.M.and 4:00 P.M.;Monday through Friday,legal holed excepted LU O Y pay Y PP g P y 9 X 9 ays P <, before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order o"r postal note to Barnstable Clerk,P.O.Box 2430, Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. fL B2))If you desire to contest this matter in a noncriminal proceed' may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST ARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. (] I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature *'e- Chapter 40a, Section 7 Page 1 of 2 4. The General Laws s of assac setts _._.__ . . . _ . . Search the Laws Go To: Next Section Previous Section PART I. ADMINISTRATION OF THE GOVERNMENT Chapter Table of Contents MGL Search Page General Court Home TITLE VII. CITIES, TOWNS AND DISTRICTS Mass. ov CHAPTER 40A. ZONING Chapter 40A: Section 7. Enforcement of zoning regulations; violations; penalties; jurisdiction of superior court Section 7. The inspector of buildings,building commissioner or local inspector, or if there are none, in a town, the board of selectmen, or person or board designated by local ordinance or by-law, shall be charged with the enforcement of the zoning ordinance or by-law and shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of any zoning ordinance or by-law; and no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of any zoning ordinance or by-law. If the officer or board charged with enforcement of zoning ordinances or by-laws is requested in writing to enforce such ordinances or by-laws against any person allegedly in violation of the same and such officer or board declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request. No local zoning law shall provide penalty of more than three hundred dollars per violation;provided, however, that nothing herein shall be construed to prohibit such laws from providing that each day such violation continues shall constitute a separate offense. No action, suit or proceeding shall be maintained in any court, nor any administrative or other action taken to recover a fine or damages or to compel the removal, alteration, or relocation of any structure or part of a structure or alteration of a structure by reason of any violation of any zoning by-law or ordinance except in accordance with the provisions of this section, section eight and section seventeen; provided, further, that if real property has been improved and used in accordance with the terms of the original building permit issued by a person duly authorized to issue such permits,no action, criminal or civil, the effect or purpose of which is to compel the abandonment, limitation or modification of the use allowed by said permit or the removal, alteration or relocation of any structure erected in reliance upon said permit by reason of any alleged violation of the provisions of this chapter, or of any ordinance or by-law adopted thereunder, shall be maintained, unless such action, suit or proceeding is commenced and notice thereof recorded in the registry of deeds for each county or district in which the land lies within six years next after the commencement of the alleged violation of law; and provided, further that no action, criminal or civil, the effect or purpose of which is to compel the removal, alteration, or relocation of any structure by reason of any alleged violation of the provisions of this chapter, or any ordinance or by-law adopted thereunder, or the conditions of any variance or special permit, shall be maintained, unless such action, suit or proceeding is commenced and notice thereof recorded in the registry of deeds for each county or district in which the land lies within ten years next after the commencement of the�alleged violation. Such notice shall_ include names of one or more of the owners of record, the name of the person initiating the action, and adequate identification of the structure and the alleged violation. The superior court and the land court shall have the jurisdiction to enforce the provisions of this chapter, http://www.mass.gov/legis/laws/mgl/40a-7.htm 8/1/2007 f Me&L. - Chapter 40a, Section 7 Page 2 of 2 and any ordinances or by-laws adopted thereunder, and may restrain by injunction violations thereof. http://www.mass.gov/legis/laws/mgl/40a-7.htm 8/1/2007 I r r Town of Barnstable Growth Management Department Patty Daley-Interim Director Staff Report % ^ > Appeal 2007-087 — Limoncelli Appeal of the Building Commissioner Seeks to continue the use of an accessory structure as a separate dwelling unit on the lot Date: January 2, 2008 To: Zoning Board of Appeals Art Traczyk- Principal Planner Appellant: Susan Limoncelli Property Address: 181 School Street, Cotuit, MA Assessor's Map/Parcel: Map 020, Parcel 090 Zoning: Residence F Zoning District Filed:August 22,2007—90 Day Extension Bearing Opened:October 24,2007 Continued:Jams;ry 9, 2008 Decision Due: February 21,2008 Copy of Public Notices: Susan Limoncelli has appealed the August 6, 2007, denial of a building permit by the Building- Commissioner for property located at 181 School Street, Cotuit, MA. The appeal was made pursuant to MGL Chapter 40A, Section 8 and 15 and Section 240-125 of the Zoning Ordinance of the Town of Barnstable. The property is addressed as 181 School Street, Cotuit, MA and is shown on Assessor's Map 020 as parcel 090 in a Residence F Zoning District. Background & Review: The Board may recall this situation from a prior petition for a use variance to allow the second independent dwelling unit to remain on the property. That petition was submitted in late December of 2006 and opened in February of 2007. It ended with a grant of a request to withdraw the petition without prejudice. That decision was issued and filed by the Board on April 23, 2007. On April 30, 2007, a building permit application on behalf of Ms. Limoncelli was completed by Albert Russo seeking to "complete construction/renovation of stairs in cottage." That application was formally submitted to the Building Division on June 1, 2007, via a letter from Attorney Michael J. Princ:i dated May 29, 2007. On August 6, 2007, the Building Commissioner, Thomas Perry, issued a denial of that building permit. On August: 22, 2007, Ms. Limoncelli, through her attorney, filed a Notice of Appeal of Decision of Building Commissioner with the Town Clerks Office. That notice cited an August 6, 2007, decision of the Building Commissioner which denied a building permit for property located at 181 School .J Y Town of Barnstable-Growth Management Department-Staff Report Appeal 2007-087—Limoncelli- Appeal of the Building commissioner Street, Cotuit. The appeal was taken pursuant to MGL Chapter 40A Sections 8 and 15 and the Zoning Ordinance of the Town of Barnstable, Section 240-125. The appeal of the Building Commissioner was filed within 30 days of the August 6, 2007, letter, therefore, is properly filed as required by Chapter 40A, Section 13 and 15. The appeal was opened on October 24, 2007, and continued at the request of the appellant to the hearing of January 9, 2008. A 90 day extension of time for filing of the decision was filed. Without an additional extension, a decision must be filed with the Town Clerk before February 21, 2008. The following is a short summary of the appellant's argument as to why the building permit should issue and the Building Commissioner's response as to why the building permit is being denied. The summary is taken from information submitted in the Notice of Appeal of Decision of Building Commissioner filed with the Town Clerk's Office: Appellant's Argument: The appeal filed included a number of attachments. They included the building permit application and materials submitted as well as a copy of the May 29, 2007, transmittal letter. That transmittal letter states that the use of the detached garage as a second independent living unit (the cottage) was started in 1981 and, according to the letter, a building permit and an occupancy permit' was issued for the garage dwelling unit in 1989. The letter admits that those permits "should not have issued" as they were "unlawful and ... contrary to then existing zoning for residential uses." The letter concludes that according to MGL Chapter 40A, Section 7, Attorney Princi believes that the "property has been grandfathered ..., and Ms. Limoncelli is permitted to use the garage as an apartment". The letter states that"the Building Department has no authority to seek an alteration, removal or relocation of the cottage". It also concludes that, based upon a certificate of occupancy from 1989, which cannot be found, it "reflected the approval of the Building Department for multi-family use on the premises"... Commissioner's Response: Commissioner Thomas Perry responded to the letter and the 2007 building permit application on August 6, 2007, citing that the 1981 building permit issued for the detached accessory garage was to add a sink and some heat for an occasional workshop in the garage. Upon a November 1981 inspection of the work, it was noted that the work in the garage exceeded that Note: Although the letter cites a building and occupancy permit existed and were issued, the letter later notes that the existence of the occupancy permit is Attorney's Princi's belief. Staff has,not been able to locate any building permit ever issued to the garage structure. 2 Town of Barnstable-Growth Management Department-Staff Report Appeal 2007-087—limoncelli- Appeal of the Building Commissioner permit and on November 6, 1981, a letter citing the violation and ordering it be corrected was issued by the Building Commissioner at that time. The Commissioner's August 6, 2007, letter notes that the 1989 building permit issued to the property was for the principal building—the main residence that was Legally built under zoning and is being used as permitted under zoning. That permit was to add a family room to the principal building. The Commissioner cites that it is within his authority to issue permits to that building as it was legally built and its use conformed to zoning. The letter states it is within the Commissioner's authority to deny that-permit for the building and uses on the property that do not conform to zoning or have no legally created nonconforming right. As that is this case with the accessory structure and its use as a second independent dwelling unit, the building permit was denied. The case before the Board is the August 6, 2007, decision of the Building Commissioner to deny a building permit for the "complete construction and/or renovation of stairs in[to] cottage".-' Testimony, findings, and facts should be narrowly kept to that issue being appealed. Staff Clarification: A number of references and statements have been made with respect to a building and occupancy permit(s) for the conversion of the garage structure to a residential unit. Staff has not been able to verify those statements. Upon review of the Building Division file, staff would note that no building permit and no occupancy permit was found that authorized any construction within the garage or authorized any use of the garage structure for hurnan habitation. In addition, an assumption is made that the Assessor's Department, based upon its re-evaluation of the property to two-family in 1989, was based upon an occupancy permit for a residential unit having been issued for the garage structure. The Assessor's on-site review can be triggered by building/occupancy permits being issued. However, their evaluations are based wholly on observation. What the Assessor's see as the use and extent of development is what they report. The use as noted by the Assessor's office does not carry with it any zoning compliance. Facts to Date: The facts, as staff is able to piece together,appears as follows: ' Note: Although not cited on the perrnit, it appears the repairs/renovation may have included a deck as that is also noted in the May 29, 2007, letter to Commissioner Perry from Attorney Princi. 3 Town of Barnstable-Growth Management Department-Staff Report Appeal 2007-087—Limoncelli- Appeal of the Building Commissioner A copy of a 1972 Assessor's record indicates that the property was developed with a 1.5-story single- family dwelling and a detached 1-story garage measuring 20 by 30 feet. No building or occupancy permit dating to 1981 was found issued for any structure or use of this lot. The earliest Building Division file document found is a November 6, 1981, letter to Mrs. Ruth Grover from then Building Commissioner-Joseph D. Daluz. The letter notes: o a past discussion in which the Commissioner agreed to issue a building permit for a utility sink and heating of the garage for use as an occasional workshop. The letter does not state that that a building permit was issued. o A November 4, 1981, inspection of the Assistant Building Inspector and Wire Inspector found an apartment installed in the garage. The letter noting it was a violation of zoning. o The letter concludes with the expectation that Ms. Grover would; within 7 days, meet with the Building Commissioner to correct the violations. A June 12, 1989, building permit(No. 32976)for a 12 by 8 foot family room addition to the principal dwelling was found. That permit gives a completion date of July, 1989 and a "100% completion" date of January 1, 1990. This building permit makes no reference to the garage structure or to any multi- family use of the property. • That building permit references a Board of Health Disposal Works Construction permit No. 81-308. A copy of that septic permit was located in the Health Division, however, it makes no reference to the number of bedrooms nor does it indicate if the garage structure was tied into this system. • Documentation of the garage being tied into the.on-site septic system does not appear in the Board of Health records until October of 2000 with an as-built diagram that accompanied disposal permit 00-645. A copy of a 1998 Assessor's record states that the garage conversion to a residential unit was picked up in FY 1989 (July 1, 1988 to June 30, 1989). That notation indicates that the use of the cottage as a separate dwelling unit was picked up by the assessor's Department prior to the completion of the 12 by 8 foot family room addition that was documented as of July of 1989. Also, it: should be noted that the 1989 record makes no notation of Building Permit No. 32976. MGL Chapter 40A Section 7: It would appear that: under Section 7, the Building Commissioner not only had the right to deny a building permit for this garage structure but is required to do so. That section reads in part: "The ... Building Commissioner ... shall be charged with the enforcement of the zoning ordinance ... and shall 4 Town of Barnstable-Growth Management Department-Staff Report Appeal 2007-087—Limoncelli- Appeal of the Building commissioner withhold a permit for the construction, alteration ... of any building or structure if the building or structure as constructed, altered ... would be in violation of any zoning ordinance ..". With respect to the 6-year and 10-year statutes of limitation provided by Section 7, both appear to require a building permit to be issued for those statutes to come into play.' As noted by the information submitted to date, no building permit for the alteration to the garage structure has been found to exist. No only is the use illegal, but the structure as a dwelling unit has no protection under Section 7. The Building Commissioner could order its removal. In evaluating this issue, the Board must insist that all arguments and conclusions made be supported with factual documentation. Staff Recommendations: Unless the appellant has other documentation that substantiates that a building permit and occupancy permit were issued for the conversion of the garage to an independent dwelling unit, the Board should consider not only upholding the Building Commissioner's decision but perhaps issue and order along with it's decision the request that the Commissioner order the removal of the accessory building as its use violates zoning. Conies: Petitioner/Applicant Attachments: y ' Note: According to the Mass.Zoning Manual, the 10-year statute applies when a building permit is issued but the structure being built in reliance of that:permit does not conform to the permit issued. y BRc 20147 Ma244 -55930 �B^11-2�7�5 a'Z 43 2 22o DEED I Ruth anne Grover, of Cotuit,Barnstable County, Massachusetts, for consideration paid,and in full consideration of Five Hundred Ninety Thousand and 00/100 ($590,000.00)Dollars grant to Susan Limoncelli, individually,whose address is 181 School Street, Cotuit, Massachusetts 02635,with QUITCLAIM COVENANTS the following described premises: A certain parcel of land,with the buildings thereon, situated in Cotuit,Barnstable County, Massachusetts,being Lot 15 School Street as shown on a Plan of land entitled"Plan of Land in j Cotuit, Barnstable, Mass.,for Walter C.Grover,Jr."dated May 13, 1968 Charles N. Savery, Inc.,Registered Engineers-Surveyors,which said Plan is recorded in Barnstable County Registry of Deeds in Plan Book 220,Page 65,to which Plan reference is hereby made for a more particular description. Said Lot 15 contains 26,274 square feet of land, according to said Plan. For Grantor's title see deed dated October 15, 1997 and recorded at Barnstable County Registry of Deeds, Book 11024, Page 007. EXECUTED under seal this day of August,2005. J t1ASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 0E-11-2005 a 03:22pe Ct14: 1701 Doc*: 55930 Ruth a Gro er Fee: s2017.80 Cons: 5901004,00 COMMONWEALTH OF MASSACHUSETTS County of Barnstable, ss. Aiagust ,2005. J U On this _day of August,2005,before me,the undersigned notarypublic, n personally appeared Ruthan Grover,proved to me through satisfactory evidence of _j. identification,which was her Driver's License to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date; �Ig-11-2005 B 03:22am MA: 1701 Doc4; 55930 Fee. $1,345.240 Cons: S590r000•00 Notary Pu lie mmission ex fires: A Notary Public Commonwealth of Massa . .•.'•••••���� r Return to: Susan Limoncelli My commission Ex .�, ;4•'• '3 181 School Street Februa 6,2 o- Cotuit,MA 02635 1 BARNSTABLE REGISTRY OF DEEDS c Assessor's office(1st Floor): Assess ap and lot number 49 SEPM,9 ' MUST Oil ���THE Toy Board of Health(3rd floor): IN� � e�MPUMCLt . ��Q ♦� Sewage Permit'number ��r a � WMIM �. �p�p��� Engineering Department(3rd floor): Z DAHd9T1= �� ` l ��a11��i�7 MMMLCODE AND � rnaa House number l �o„�i6Jq,. OYM REGULAMONS b\®� Definitive Plan Approved by Planning Board 19 o ypY APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO IC PA Ia D rA M I L I k 00 M TYPE OF CONSTRUCTION WOOD 1'-P AM G DUNE IZ- 19C TO THE INSPECTOR OF BUILDINGS. The undersigned hereby applies for a permit according to the following information: Location ` �C.l-�00 t �P - �l T MASZ-AGHUS e—,0-S Proposed Use rAC A (LLq 9-00" Zoning District(LES k D tZrI- I A L....- Fire District 15 V Ely �C',O TL t r Name of Owner I?JAI h AI )fV& (lf— V� & Address Name of Builder n - Addre a sue,'—»'"N., Name of Architect 4A "4145 l!z��/ , Address CS' — Number of Rooms �Iy Foundation Exterior NOo(> 5 1 l5 V LOS Roofing ASP Floors Woo b Interior SI-to-T iiecCK, Heating roajGcl> oz)� K� Plumbing tydrV� Fireplace .. Approximate Cost t0 oco Area Rota S ®® Diagram of Lot and Building with Dimensions Fee � OCCUPANCY P RMI r LINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name Construction Supervisor's License /%IAIM C�,OVER, RUTHANNE No 32976 Permit For ADDITION Single Family dwelling Location 181 School Street Cotuit Owner Ruthanne Grover Type of Construction Frame Plot Lot Permit Granted June- .14 , 19 8 i' Date of Inspection 19 so om ed l 19 1 aFt r Town of Barnstable Regulatory Services g Y M$, Thomas F.Geiler,Director dp s63y. �� i0reo r ° Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Jeffrey Lauzon Building Inspector Town of Barnstable Regulatory Services Building Division 200 Main St Hyannis,Ma 02061 Re: 181 School St.,Cotuit To Whom It May Concern: The following shall represent an overview of the events and circumstances resulting in the fines assessed to Susan Limoncelli, 181 School St., Cotuit. 08-29-05 Letter sent to Susan Limoncelli by Linda Edson explaining violation of Ordinance 240-14(A)and how to bring the property into compliance. 09-23-05 Second letter sent to Susan Limoncelli by Linda Edson again informing of the violation and issuing a deadline of October 7,2005 to bring the property into compliance or be subject to fines. 09-26-05 Site inspection by Jeffrey Lauzon(local inspector)revealed work being done to the property without the benefits of a building permit. Specifically interior renovations and front door replacement to the building in violation. Stop work was posted. 10-03-05 Letter received by this office dated September 30,2005 by David Burgess(representing Susan Limoncelli). The letter,among other statements,requested additional time to research the options and requested that the stop work be lifted.Also included was a copy of a letter by Susan Limoncelli to the Town Clerk requesting copies of certain public records.Dated September 30,2005. 10-19-05 E-mail sent to Tom Perry by Albert Russo outlining a telephone conversation with attorneys Michael Ford and David Burgess.Expected to have a plan by November 1,2005. 10-21-05 Building permit issued(#87796)to replace and repair front door and rotted wood of building in violation. The understanding being that steps were being taken to bring the building into compliance. 11-21-05 Final inspection done on permit#87796. 12-09-05 Roof permits issued(#88945,88946)for main house and building in violation. Still no progress on bringing the building into compliance. 06-16-06 Site inspection by Robert McKechnie(local inspector)revealed work being done without the benefits of a building permit. Specifically deck being replaced. 06-20-06 Building permit issued(#20061337)to replace back deck. 07-17-06 Building permit issued(#20061753)to repair front porch. 10-03-06 Ticket issued to Susan Limoncelli for violation of Ordinance 240-14(Two single-family homes on one property in RF district) Sincerely: °�t r Town of Barnstable Regulatory Services r r s r • BAMSTABM MASS. g Thomas F.Geiler,Director i639• �� �'rfd,yp�6 Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 �a+�war y,ZoeP/ Jeffrey Lauzon Building Inspector Town of Barnstable Regulatory Services Building Division 200 Main St Hyannis,Ma 02061 Re: 181 School St.,Cotuit To Whom It May Concern: The following shall represent an overview of the events and circumstances resulting in the fines assessed to Susan Limoncelli, 181 School St.,Cotuit. 08-29-OS Letter sent to Susan Limoncelli by Linda Edson explaining violation of Ordinance 240714(A)and how to bring the property into compliance. 09-23D5 Second letter sent to Susan Limoncelli by Linda Edson again informing of the violation and issuing a deadline of October 7,2005 to bring the property into compliance or be subject to fines. 09-26-05 Site inspection by Jeffrey Lauzon(local inspector)revealed work being done to the property without the benefits of a building permit. Specifically interior renovations and front door replacement to the building in violation. Stop work was posted. 10-03�etter received by this office dated September 30,2005 by David Burgess(representing Susan Limoncelli). The letter, among other statements,requested additional time to research the options and requested that the stop work be lifted.Also included was a copy of a letter by Susan Limoncelli to the Town Clerk requesting copies of certain public c� records. Dated September 30,2005. LIO-19 sent to Tom Perry by Albert Russo outlining a telephone conversation with attorneys Michael Ford and David Burgess. Expected to have a plan by November 1,2005. ` 10"21'`05 Building permit issued(#87796)to replace and repair front door and rotted wood of building in violation. The-understanding being that steps were being taken to bring the building into compliance. i C•°��/-�f� 11-2'�-1-0^ Final inspection done on permit#87796. 12-09-05 loof permits issued(#88945,88946)for main-house and building in violation. Still no progress on bringing the building into compliance. 06-1.�Site inspection by Robert McKechnie(local inspector)revealed work being done without the benefits of a building_permit. Specifically deck being replaced. 06-20-06�Building permit issued(#20061337)to replace back deck. 07-17-06eBuilding permit issued(#20061753)to repair front porch. 10-03-06yTicket issued to Susan Limoncelli for violation of Ordinance 240-14(Two single-family homes on one property in RF district) Sincerely: Jeffrey L.Lauzon Building Inspector Town of Barnstable U _ A 3. 56 oFj"E rw,ti Regulatory Services 1V $ Thomas F. Geiler,Director MUMSTABLE. "MASS Building Division 9�ArE0 Tom Perry,Building Commissioner CIC''' 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 PERMIT# D�D��-t FEE: $ SHED REGISTRATION 120 square feet or less i Location of shed(address) Village Property owner's name Telephone number Size of Shed Map/Parcel# all Siena re Date Hyannis Main Street Waterfront Historic District? Old King's Highway Historic District Commission jurisdiction? Conservation Commission(signature is required) V� Sign off hours for Conservation 8:00-9:30&3:30-4:30 PLEASE NOTE: IF YOU ARE WITHIN THE JURISDICTION OF ANY OF THE ABOVE COMMISSIONS,THERE MAY BE A REVIEW PROCESS AND APPLICATION FEE. PLEASE SEE THE APPROPRIATE COMMISSION FOR DETAILS. THIS FORM MUST BE ACCOMPANIED BY A PLOT PLAN Q-forms-shedreg s REV:042506 PAGE 02 STINSONANDFORD I18/2005 15.03 5084308662 r P1` TO WN_ COTUIT - APPLICANT. LIMONCL'LLr - I TT 100 00' _ Pi.SG, DIsCX , 181-A SSSSS.... fist �81 ^n>;i LOT 13 LOT .17 Z LOT 15 A,IS a Q :J 100 37` p 1VOTE: PRE EXISTING, NONCONFORIMINO ONL ,.C" DAT.FA: /2�Q? . r ..- tl Plan i- Yor 00D PANEL Mn D FLOOD 7, ----- Bank Use Only thAt this vlort�agc inspection was prepsred for _ taereby certify DEEP RET. = i10241 _ STINSON. ATTORNEY AT L _ ,TJ1111E'$ B. < _,�QT_ PeJ.I ,vithin a special flood hazard zone. does __--- ronlorh» Eo the local9-lA Pl�! RAF The locatjon O! Ufc bUt1dPfirP the location of drorllixi vlremen!_< — � Per taped lnspectton [t spp Ts ryes cL to borisontal dimensf Glhr40d k cec 7. St;aIC 1 — ' e of convtraction m Pc asa General 1n ' — ect of the Ehm tfn ulydcr M ernents. Sr,rvatlons cg 0 — ,n eff n cntarcement ac A ri ht< of ozlp. eas ,DQ tc• �-L violet a rl bts. ram' — ah' is c�mpt ad s ct to and with the lmn d c!All 8 al force and rflrct• lhfc,t:ncsd Deed svAfc _ v e not jwtrumcnt• and are nPprox;mntr only. An actualhis 2specurmy is in"t� and reatrfetiowa a!record. if any them. ha end insofar as the Famr nrn o ap rrt line= This fnsPactinn, must < ection xrrr locotcd b tap an c�,� either way aerars PrgA- Y l a , ur oses. M ntrasr IMM The strueturca an thi insp locatfan and cacroaeAments. if t raULW far a pnoclso determhnetfow at t!!c btrilding art unc dimon-"laws fences or fat conflpv or for use in Pr%P�fnb' deed description^ and must not tie aaed far mrlance or Uuildine r"• br, usod for recording Purpo�cos rt tiwc5• tlerlticatiaa of building location& P P Y a resulting from aoicf Irllance. inepcotlam 'Host not l�r uard to locote props Y Wbich mayne/leot AllrwAt information then whet is shown hereon• T1.ia ive. oa only be accomplished bs'an accurate ia9trurwent . Y surly SarvaY Accepts no rarpansib.JitF for damjagv f� � to be used for any pu>7o� athcr tbon mortgage. f^!f'} /�rJ_!�L�1 A 1VI E' l SIIR �� ` �5 1 y r 3 78 72 .I PRAN,� boa-tee-Doss MA.RSTONS MILLS. M.4 02648 FAX 508-420-5553 tlNlfi 1. 40 INDUSTPY RD, _ w Barnstable I"E�Dwti TOWN OF BARNSTABLE ,f - Al l-amefi .. c BARNSTABLE. OFFICE OF TOWN ATTORNEY 9° SS S6 v ,��p 367 MAIN STREET °"IE�N►a+° 'HYANNIS, MASSACHUSETTS 02601-3907 2007 RUTH J.WEIL,Town Attorney`' " ruth.weil@town.barnstable.ma.us T. DAVID HOUGHTON,1st Assistant Town-Attorney davd.hougMon@town.barnstable.ma.us CHARLES S. McLAUGHLIN,JR.,Assistant Town Attorney charles.mclaughlin@town.barnstable.ma.us CLAIRE R.GRIFFEN, Paralegal/Legal Assistant claire.griffen@town.barnstable.ma.us PAMELA D.GORDON,Legal Clerk January 20, 2010 TEL.508-862-4620 •FAX.508-862-4724 V Thomas Perry, Building Commissioner Building Department TL3 vJ;i vi Barnstable ' o 200 Main Street Hyannis, MA 02601-4002 a Ms. Linda Edson 749 New Town Road - ; Marstons Mills, MA 02648-1371UZI N3 w Re: Limoncelli v. Town of Barnstable Zoning Bd of Appeals; et al, and Town of Barnstable - Superior Court, CA No. BACV 20087105 Our Ref: #2008-0035 Dear Tom and Linda: (� Enclosed herewith please find a copy of your respective subpoenas entitled _ "Subpoena to Appear for Trial" which trial has been scheduled for Monday,June 28tn, 2010, at 9:00 A.M. in Barnstable Superior Court. Please feel free to contact us several days prior to the date of trial in order to review your testimony. Thank you for your attention to this matter. Sincerely, RJW:cg A4uth J. Weil, Town Attorney Atchmts. Town of Barnstable [2008-003 5\ltr-edson-perrytri al subpoenasfor062810-012010] E &Wynn, ) \ e. A.TTO-RNEY.S .; 300 Barnstable Road January 13, 2010 Hyannis,MA 02601 (508) 775.3665 Fax(508) 775-1244 1 (800)899-3003 http://Nvww.wynnwynn.com Via First Class Mail 04-2678742 s, Ruth Weil, Esq. Town Counsel Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Limoncelli V. Town of Barnstable DOCKET NO. BACV2008-105 Dear Attorney Weil: Enclosed herewith is a revised Subpoena to Appear for Trial for Ms. Edson and Mr. Perry If you have any questions regarding the revised Subpoena's please do not hesitate to call. Thank you for your assistance. Very truly your , W , P.C. MJP/kml enclosures C ' it JAN 14 9"010 G4' :_.�r TGV1�N Or7 : �i�IABLE Affiliate Office: Raynham 90 New State Highway Raynham;MA 02767 (508)823.4567 COMMONWEALTH OF.MASSACHUSETTS BARNSTABLE, SS. SUPERIOR COURT DEPT. CIVIL DOCKET NO .2008-105'. SUSAN LIMONCELLI Plaintiff V. TOWN OF BARNSTABLE ZONING BOARD OF APPEALS, AND ITS MEMBERS, GAIL NIGHTINGALE, RON S. JANSSON, DANIEL M. CREEDON III, JAMES R. HATFIELD, SHEILA GEILER, JOHN.NORMAN, JEREMY GILMORE, KELLY KEVIN LYDON and the TOWN OF BARNSTABLE Defendants SUBPOENA TO APPEAR FOR TRIAL TO: Thomas Perry, Building Commissioner C/O . Ruth Weil, Esq. 200 Main Street Hyannis, MA 02601 YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts in accordance with the applicable provisions of the Massachusetts Rules of Civil Procedure to attend the trial of the above-captioned matter at the Barnstable County Superior Court,3195 Main Street, Route 6A, on Monday,June 28, 2010 at 9:00 a.m. Your failure, without adequate excuse, to obey this subpoena may be deemed in contempt of the Court in this action'is pending. Respectfully submitted, ThFPlai%Xf, By her torn s, Then personally appeared the above named ichae J. r' , BBO 406680: otill,IM4bael J. Prinei, and acknowledged the Wynn & nn, P.C. �EN�f�rf�ipg instrument to be 300 Bar sable Road `o M's Hyannis, A 02601 , rcf and deed. °, (508) 7750. -3665 J'. , t 9ubl'LT ni A. Landers - %,�9?yp�.... y _*nmission Expires:2/16/15 h w Town of]Barnstable - *Permit# Expires 6 months from Issue date Regulatory Services Fee 00 Thomas F.Geiler,Director XPSs P ERMIT :; wilding Division > Tom Perry,CBO, Building Commissioner DEC $ - 2005 200 Main Street,Hyannis,MA 02601 www.town-barnstable.ma.us TOwN ��BARNST LL�� Office: 508-862-4038 Fax: 508, EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint 01 Map/parcel Number Ivo©90 �J Property Address A62/ i Residential Value of Work 4Z Minimum feo of$25.00 for work under$6000.00 Owner's Name&Address Contractor's Name Telephone Numberz ��_ Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) — -. . ... ........... _. _.. ...-.. ._.. . .._. .. . s ❑Workman's Compensation Insurance Check one: I am a sole proprietor I am the Homeowner I have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy# Copy of Insurance Compliance Certificate must be on file. Permit Request(check box) [� Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows. U-Value (maximum.44) *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Pro a Owner must sign Property Owner Letter of Permission. e ent tors License is required. SIGNATURE: Q:Forms:expmtrg Revise071405 _L _ +Department of fradastrial Accidents✓ Office.of Investigations' ' . 600 Washington Street Boston,MA 02111 www-mas&gov/dia Workers' Compensation Insurance Affidavit: Bu:Uders/Contractors/]Electricians/Plumbers Apiplicant Information Please Print Le 'bl .2. z/L4 Z!T Name (Business10rga=ation/Individua1): Address: zsz l�� City/State/Zip:_ D (� Phone#: v� f � Are you an employer? Check the-appropriate box:. Type of project(required):- 1.❑ Z am a employer with . 4. ❑ I am a general contractor and I ' 6. ❑New construction employees (fall•and/or part time).* have hired the sub-contractors 2.El am a sole proprietor or partner- listed on the attached sheet,$ Remodeling ship and have no employees These sub-contractors have S. ❑ Demolition working for me in any capacity. workers' comp.insurance. 9. ❑ Building addition [No workers' comp.insurance 5. ❑ We'are a corporation and its required.] officers have exercised their 10.❑ Electrical repairs or.additions 3.0I am a homeowner dQig all work right of exemption per MGL ME] Plumbing repairs or additions myself. [No workers' comp. c. 152, §1(4),and we have no 12.❑ Roof repairs insurance required•]t. employees.,[No workers.` 13.[3 Other comp.insurance 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 at doing all work and then hire outside contractors must submit a new affidavit indicating such ' tcontra that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. am an em information. - Insurance.Company Name: Policy#or Self-ins.Lin#: 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 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 STOPVORK ORDER and a fine of u.p to$250.00 a day against the violator. Be advised that a copy of this statemenf maybe forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify un r nd pe ties of perjury that the information provided above is true and correct: Signature: Dater le��_ Phone Official use only. Do not write in this area,to be completed by city.or town official City or Town: PermitUcense# Issuing Authority(circle.one): 1.Board of Health L.Building Department 3.City/Town Clerk #..Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their emp�ao .e �.. �°'�` • Pursuant to lads statate, an employee is defined as ...every person in the service-of another under any contract of hire, express or implied,oral or written." An employ toyer is defined as:`:`arl indNi¢.ual,..-Partnersh�p,.:association,Forpora#on or other legal e�atity,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. Hover:tlie owner of a dwelling house having not more than three apartments and who resides e ideor � workbn sein,or.the �dwelling house dwelling house of another who empant of the loys persons to do maintenance, co repair . or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence-of compliance with the insurance coverage required." ter 152, 25C 7 states"Neither the commo�vealth nor any of its-political subdivisions shall Additionally,MGL chap § ( ) enter into any contract for the performance of public work until acceptable.'evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fin out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if, necessary,supply sub-contractors)name(s),address(es)and phone numbers)along with their certificate(s) of insurance. Limited Liability Companies(LLC).or Limited Liability Partnerships(L•LP)with no employees other than the members or partners; are not required to cant'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 Deparf neht of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' lease call the Department at the number listed below.. Self-insured companies should enter.their — —compensation policy_,p--_ _ self-insurance license number on the appropnate -- City or Town Officials . to Please be sure that the affidavit is complete and printed legr'bly. The Department has provided a space at the blOtm of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the app cant Please be sure to fill in the perroMicense number which will be used as a reference number. In addition,an applicant that mast submit multiple permitllicense 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 tom)."A copy 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;fature permits•or•lieemses..A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e, a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit lye 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: The Commonwealth of Massachusetts . Department of Industrial.Accidents ..Office of ftvestigations 600 Washington Sreet� . Boston,MA 02111.. Tel.#617-727-4900 ext 406 or'1-877-MASSAFE Fax#617-727-7749 Revised 5-26.05 wp`rw.ma'ss.gov/dia Town of Barnstable Regulatory Services aim , Thomas F.Geller,Director z6I ���� wilding Division Tom Perry, Building commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Fax: 508-790-6230 office: 508-862.4038 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject propetty I to act•on my behalf, hereby authorize ".lzza��( V is all matEers relative to work autko.=ed bpdais-building permit application f0t. -- - -. -. 8 (Address of ob) O Signature 0f ate Print Name Q:FORMS:O�+� �SION . Wynn & \\ 'y► ► s PC < < • ATTORNEYS • 300 Barnstable Road August 21, 2007 Hyannis,MA 02601 (508)775-3665 Fax(508) 775-1244 Via:Hand Delivery 1 tp:// w.wy n Linda Hutchenrider, Town Clerk http://www.wynnwynn.com Town of Barnstable 367 Main Street Kelley A.K.Belaschak Hyannis, MA 02601 Kelley A.Doherty Richard A.Marton Kevin P.M RE: NOTICE OFAPPEAL OF DECISION OF BUILDING INSPECTOR Robert F.Millsills Charles D.Mulcahy John J.O'Day,Jr. Susan Limoncelli Kevin J.O'Malley 181 School Street Cotuit MA n, Raymond C.Pelote* ' ' `{ Thomas E.Pont es Application for Building Permit Michael J.Princi Ryan E.Prophett Rebecca C.Richardson Janice E.Robbins Dear Ms. Hutchenrider: William Rosa* Sarah P.Schlegel Dina M.Swanson In response to Mr. Perry's letter of August 6, 2007denying the building Andrew A.Toldo Robert Venturo permit concerning the property located at 181 School Street, Cotuit, MA owned by John .Wynn Walsh F.Paul Susan Limoncelli (copy of Deed attached), I respectfully request that you accept this Thomas J.Wynn letter as an appeal of his decision of August 6, 2007 pursuant to MGL Ch 40A, § 8 Of Counsel and 15. Hon.Robert L.Steadman(Ret.) Hon.James F.McGillen,11(Ret.) William E.O'Keefe Attached for your reference is my letter of May 29, 2007 outlining the compelling the reasons why the property should be considered a multi-family use pursuant to Ch 40A §7. In requesting this appeal, I also request that the Building Admitted: Department make a continuing search for records, which apparently have been New Hampshire eaMassachusc[tsnnd N New misplaced or lost concerning the prior building permit activity on the Property. It is my belief that the information contained in those files would support Ms. Limoncelli's position. This letter will serve as formal notification pursuant to M.G.L. ch. 40A, §8 and 15 and Town of Barnstable Zoning By Law § 240-125 of our Appeal of the Building Inspector's decision denying a building permit as requested in my letter of May 29, 2007. The grounds for the Appeal are set forth in my letter of May 29, 2007 with attachments specifically,the property is grand fathered as a multi-family property and the building permit should be issued. If you should require any additional information,please feel free to contact me. I respectfully request that you forward this matter to the Zoning Board of Appeals for Hearing on the earliest available date with a preference after October 3, 2007. It is my understanding that there is no filing fee nor will Ms. Limoncelli have any responsibility to deliver a assessing records for purposes of notification. . Affiliate Office: Raynham 90 New State Highway•Raynham,MA 02767• (508)823-4567 Notification will be handled by the Zoning Board of Appeals consistent with the ZBA rules and regulations. If you have any questions, please feel free to contact me. Very truly yours, WF a MJP/kml enclosures cc: S. Limoncelli --T` Perry, Building Inspector Zoning Board of Appeals E:\MJP\LIMONCE\CLERKI.WPD Sk 20147 Pz244 0$-11-2005 & 43z220 DEED I, Ruthann Grover,of Cotuit,Barnstable County, Massachusetts, for consideration paid,and in full consideration of Five Hundred Ninety Thousand and 00/100 ($590,000.00)Dollars grant to Susan Limoncelli, individually,whose address is 181 School Street, Cotuit, Massachusetts 02635, with QUITCLAIM COVENANTS the following described premises: A certain parcel of land,with the buildings thereon,situated in Cotuit,Barnstable County, Massachusetts,being Lot 15 School Street as shown on a Plan of land entitled"Plan of Land in j Cotuit,Barnstable,Mass.,for Walter C.Grover,Jr."dated May 13, 1968 Charles N. Savery, �\ Inc.,Registered Engineers-Surveyors,which said Plan is recorded in Barnstable County Registry v of Deeds in Plan Book 220,Page 65,to which Plan reference is hereby made for a more particular description. Said Lot 15 contains 26,274 square feet of land,according to said Plan. For Grantor's title see deed dated October 15, 1997 and recorded at Barnstable County Registry NJ of Deeds,Book 11024,Page 007. EXECUTED under seal this day of August,2005. J MSSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 08-11-2005 B 03:22aa U Cti#: 1701 Doc:: 55930 RuthaAne Groper Fee: $2017.80 Cons: $5907000.00 t>p COMMONWEALTH OFMASSACHUSETTS County of Barnstable, ss. ACtgust�,2005. J v On this day of August,2005,before me,the undersigned notary public, N;3 personally appeared Ruthanne Grover,proved to me through satisfactQry evidence of identification,which was her Driver's License to be the person whose name is signed on the preceding or attached document,and acknowledged to me that she signed it voluntarily for its stated purpose. BARNSTABLE COUNTY REGIST RYA OF DEEDS Date: 08-11-2005 D 03:22om CLIP 1701 Doc:: 55930 Fee. SIP345.20 Cons: $590r000.00 Notary Pu C 42mission ex fires: J :. Notary Public ,�t•'D �V�a. ��,�� Commonwealth of M Return to: Susan Limoncelli My commission Ex 181 School Street February 8 ; Cotuit,MA 02635 0; cs :rs� BARNSTABLE REGISTRY OF DEEDS `r!!!�••ww►+" t E � � < • ATTORNEYS • May 29,2007 300 Barnstable Road Hyannis,MA 02601 Via: First Class Mail (508)775.3665 Fax(508)775-1244 Thomas Perry 1 (800)899-3003 Building Inspector http://www.wynnwynn.com Town of Barnstable 200 Main Street Elizabeth K.Ba(aschak Hyannis, MA 02601 Richard A.Manone Kevin P.McRoy** Robert F.Mills Charles D.Mulcahy RE: Susan Limoncelli e J.O'Day,Jr.Kevin Street,n J.O'Malley e 181 School S Cotuit, MA Kev Raymond E.Poraten[cs C. s ° Thomas Application for Building Permit Michael J.Princi Ryan E.Prophett Rebecca C.Richardson Dear Mr. Perry: Janice E.Robbins William Rosa" Sarah P.Schlegel Dina M.SwansonI enclose herewith for submission the following: Andrew A.Toldo Robert Venturo John A.Walsh 1. Application for Building Permit for 181 School Street, Cotuit, MA Paul F.Wynn Thomas J.Wynn (renovation of pre-existing non-conforming cottage and repair and renovation of front porch); Hon Robert L.Steadman(Re[.) 2. Workers' Compensation Insurance Affidavit; Thomas A.Maddigan 3. Affidavit Home Improvement Contractor Law; Hon.James F.McGilten,11(Ret.) William E.O'Keefe 4. Copy of letter from Joseph DaLuz, prior Building Inspector, dated November 6, 1981; 5. Building Permit issued by the Town of Barnstable dated June 12, Admitted: 1989; °Massachusettsand Ncu Island 6. Assessing record from the Town of Barnstable dated August 9, 1995 'PMassachusettsard New Ham shin ... showing assessment of converted cottage from fiscal year 1989 following the issuance of the Building Permit; 7. Assessing record from 1973 for 181 School Street, Cotuit, MA; 8. Assessing record from 1998 for 181 School Street, Cotuit, MA; 9. Assessing record from 2007 for 181 School Street, Cotuit, MA; 10. Deed from Ruthanne Grover to Susan Limoncelli recorded in Book 20147,page 244 dated August 9, 2005; and 11. Copy of letter dated April 27, 2007 from Robert'McKechnie to Susan Limoncelli with a copy of 780 CMR 111.2 attached. By way of background it appears that in 1981 following the Joe DaLuz letter, Mrs. Grover began using the garage as an apartment. The garage was continuously used as an apartment from 1981 through 1989,when Mrs. Grover again applied for a building permit for the property. As indicated by your records it was at that time that the Assessing Department,following the Building Department granting of a building permit and occupancy,re-evaluated the property and picked up the garage conversion. Since.1989,the Grovers and/or Ms. Limoncelli have paid taxes on thei property for the a�artrr}ent in thearae area It would appear from the Affiliate O fi e: aynham 90 New S ate Highway•Raynhai M 2767 9 (508)823.45 5 records that upon the issuance of a Certificate of Occupancy in 1989, which Certificate of Occupancy likely approved all of the uses and activities on the site, the parcel was reassessed as multi-family with the apartment included. You will note that through 2007 the property continues to be appraised with an apartment. Consistent with the statement of Robert McKechnie of your department in the April 27 letter,the Building Department in 1989 should not have issued a building permit or an occupancy permit based upon 780 CMR 111.2. At the time of the issuance of the Building Permit in 1989, the Grover's property may have been unlawful and the construction thereon contrary to then existing zoning for residential uses. Notwithstanding, the building permit issued and a Certificate of Occupancy likely followed. This of course was followed by the reassessment, proving the acceptance by the Town of the apartment. Consistent with Chapter 40A, Section 7, the Building Department in 1989 in issuing the Building Permit in essence approved improvements to a property, which technically may have been in violation of zoning. The Certificate of Occupancy alerted the Assessing Department to include the apartment. The property continued to be used from 1989 to the present as a multi-family property with the converted garage as an apartment and the main dwelling. Recently,your Department took action to compel the abandonment or modification of the use, which was allowed in 1989. Under Section 7, since the use has remained in existence for over twenty years, I believe that the property has been grandfarthered under Section 7, and Ms. Limoncelli is permitted to use the garage as an apartment. Further,the Building Department has no authority to seek an alteration, removal or relocation of the cottage, since it has been used as a cottage for the past 25 years. It is critical to your analysis that the Building Department in conjunction with the Assessing Department recognized and was aware of the existence of the garage apartment from 1989. On the basis of the foregoing,I respectfully request that the Building Permit issue. As a further note, you are aware that prior to Susan Limoncelli purchasing the property, Town officials knew of the existence of the apartment and formed an intention to change their view of the apartment as illegal, notwithstanding 17 years of assessment as a multi-family property. Those Town officials intentionally failed to notify the Seller and allowed Susan Limoncelli to rely upon the assessing records, which clearly showed that the property had been recognized by the Town for over 17 years as a multi-family property. Also, in attempting to locate the additional records from the 1989 Building Permit, I found that there were no additional records of the Certificate of Occupancy issuing notwithstanding the reassessment. I have a strong feeling that that Certificate of Occupancy from 1989 clearly reflected the approval of the Building r Department for multi-family use on the premises and that that information was passed to the Assessing Department. Thank you for your consideration of this request. If you have any questions, . please feel free to contact me. Very truly yo s, W C. i hae P ' i MJP/crs enclosures cc: S. Limoncelli E:\MJP\LIN40NCE\PERRYI.WPD I I #,I 1, °Fj► T°,,ti Town of Barnstable Regulatory Services ` BARNSrABLF, ' MASI X Thomas F. Geiler,Director Building Division Thomas Perry,CBO, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: Glk� �_ ATTN: FAX NO: RE: FROM: �. , DATE: PAGE(S): (INCLUDING COVER SHEET) � oPIC 0 c � Rev:121901 A Bk 20147 P0244 055930 Q 43222P DEED I Ruthanne Grove Orr, of Cotuit,Barnstable County,Massachusetts, for consideration paid,and in full consideration of Five Hundred Ninety Thousand and 00/100 ($590,000.00)Dollars grant to Susan Limoncelli, individually,whose address is 181 School Street, Cotuit, Massachusetts 02635,with QurrcLAIM COVENANTS the following described premises: A certain parcel of land,with the buildings thereon, situated in Cotuit,Barnstable County, Massachusetts,being Lot 15 School Street as shown on a Plan of land entitled"Plan of Land in j Cotuit, Barnstable, Mass.,for Walter C.Grover,Jr."dated May 13, 1968 Charles N. Savery, Inc.,Registered Engineers-Surveyors,which said Plan is recorded in Barnstable County Registry Lof Deeds in Plan Book 220,Page 65,to which Plan reference is hereby made for a more particular description. Said Lot 15 contains 26,274 square feet of land,according to said Plan. ttl For Grantor's title see deed dated October 15, 1997 and recorded at Barnstable County Registry. of Deeds, Book 11024, Page 007. Exwum under seal this day of August,2005. MASSACHUSETTS STATE EXCISE TAX � BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 08-11-2005 8 03:22an Cti4: 1701 Doc:: 5.5930 Ru a+Groer Fee: $2►017.80 Cons: $590r000.00 Lo COMMONWEALTH OF MASSACHUSETTS County of Barnstable, ss. August�,2005. J V On this day of August,2005,before me,the undersigned notary p gn ypublic, personally appeared Ruthanne Grover,proved to me through satisfactory evidence of _j. identification,which was her Driver's License to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS • Bate: 08-11-2005 8 03:22am e., 1701 F Doc;: 55930 Fee., $1,345.20 Cons: $590r900.00 Notary Pu lic mmission ex Tres• J . Notary Public , ', U% Return to: Susan Limoncelli Commonwealth of Masse .•• . , My Commission Ex ,�. �i •,c? 3 181 School Street Februa 6 2 Cotuit,MA 02635 BARNSTABLE REGISTRY OF DEEDS +�``' �.,,,•.•. '� 46 EWyn:n Wy► < • ATTORNEYS • May 29,2007 300 Barnstable Road Hyannis,MA 02601 Via: First Class Mail (508)775-3665 Fax(508)775-1244 Thomas Perry 1 (800)899-3003 Building Inspector http://www.wynnwynn.com Town of Barnstable 200 Main Street Elizabeth K.Balaschak Hyannis, MA 02601 Richard A.Marton Kevin P.McRoy** Robert F.Mills Charles D.Mulcahy RE: Susan Limoncelli John J.O'Day,Jr. 181 School Street Cotuit MA Kevin J.O'Malley � e Raymond C.Pelote* Application for Building Permit Thomas E.Pontes Michael J.Print Ryan E.Prophett Rebecca C.Richardson Dear Mr. Perry: Janice E.Robbins William Rosa* Sarah P.Schlegel Dina M.Swanson I enclose herewith for submission the following: Andrew A.Toldo Robert Venturo John A.Walsh 1. Application for Building Permit for 181 School Street, Cotuit, MA Paul F.Wynn Thomas J.Wynn (renovation of pre-existing non-conforming cottage and repair and renovation of front porch); ° Counsel 2. Workers' Compensation Insurance Affidavit; Hon.Robert L.Steadman(Ret.) Thomas A.Maddigan 3. Affidavit Home Improvement Contractor Law; Hon.James F McGillen,11(Ret.) William E.O'Keefe 4. Copy of letter from Joseph DaLuz, prior Building Inspector, dated November 6, 1981; 5. Building Permit issued by the Town of Barnstable dated June 12, Ad,nitwd: 1989; 'M.Wachusetts and RhmNm a nr,, 6. Assessing record from the Town of Barnstable dated August 9, 1995 °tM:rssnchusersard Ncw Hnmpchirc showing assessment of converted cottage from fiscal year 1989 following the issuance of the Building Permit; 7. Assessing record from 1973 for 181 School Street, Cotuit, MA; 8. Assessing record from 1998 for 181 School Street,Cotuit, MA; 9. Assessing record from 2007 for 181 School Street, Cotuit, MA; 10. Deed from Ruthanne Grover to Susan Limoncelli recorded in Book 20147,page 244 dated August 9, 2005; and 11. Copy of letter dated April 27, 2007 from Robert McKechnie to Susan Limoncelli with a copy of 780 CMR 111.2 attached. By way of background it appears that in 1981 following the Joe DaLuz letter, Mrs. Grover began using the garage as an apartment. The garage was continuously used as an apartment from 1981 through 1989, when Mrs. Grover again applied for a building permit for the property. As indicated by your records it was at that time that the Assessing Department, following the Building Department granting of a building permit and occupancy,re-evaluated the property and picked up the garage conversion. Since 1989,the Grovers and/or Ms. Limoncelli have paid taxes on the pro�er�y for the �artTent in the crag area It would appear from the Affiliate Offi e: ayn am 90 New.tare Hig away•Raynhat M 2767 •(508)823-45 7 records that upon the issuance of a Certificate of Occupancy in 1989, which Certificate of Occupancy likely approved all of the uses and activities on the site, the parcel was reassessed as multi-family with the apartment included. You will note that through 2007 the property continues to be appraised with an apartment. Consistent with the statement of Robert McKechnie of your department in the April 27 letter,the Building Department in 1989 should not have issued a building permit or an occupancy permit based upon 780 CMR 111.2. At the time of the issuance of the Building Permit in 1989, the Grover's property may have been unlawful and the construction thereon contrary to then existing zoning for residential uses. Notwithstanding, the building permit issued and a Certificate of Occupancy likely followed. This of course was followed by the reassessment, proving the acceptance by the Town of the apartment. Consistent with Chapter 40A, Section 7, the Building Department in 1989 in issuing the Building Permit in essence approved improvements to a property, which technically may have been in violation of zoning. The Certificate of Occupancy alerted the Assessing Department to include the apartment. The property continued to be used from 1989 to the present as a multi-family property with the converted garage as an apartment and the main dwelling. Recently,your Department took action to compel the abandonment or modification of the use, which was allowed in 1989. Under Section 7, since the use has remained in existence for over twenty years, I believe that the property has been grandfarthered under Section 7, and Ms. Limoncelli is permitted to use the garage as an apartment. Further,the Building Department has no authority to seek an alteration, removal or relocation of the cottage, since it has been used as a cottage for the past 25 years. It is critical to your analysis that the Building Department in conjunction with the Assessing Department recognized and was aware of the existence of the garage apartment from 1989. On the basis of the foregoing, I respectfully request that the Building Permit issue. As a further note,you are aware that prior to Susan Limoncelli purchasing the property, Town officials knew of the existence of the apartment and formed an intention to change their view of the apartment as illegal,notwithstanding 17 years of assessment as a multi-family property. Those Town officials intentionally failed to notify the Seller and allowed Susan Limoncelli to rely upon the assessing records, which clearly showed that the property had been recognized by the Town for over 17 years as a multi-family property. Also, in attempting to locate the additional records from the 1989 Building Permit, I found that there were no additional records of the Certificate of Occupancy issuingnotwithstanding the reassessment. I have a strong feeling that that g g g Certificate of Occupancy from 1989 clearly reflected the approval of the Building 1 �t Department for multi-family use on the premises and that that information was passed to the Assessing Department. Thank you for your consideration of this request. If you have any questions, please feel free to contact me. Very truly you s, W C. i hae . Pr' i MJP/crs enclosures cc: S. Limoncelli E:\IvUP\LUAONCE\PERRYI.WPD r ` I f� °F'ME� Town of Barnstable Regulatory Services "M�"Bj E Thomas F.Geiler,Director "MASS. ��� rfc�r A Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 April 27, 2007 Mr. Albert Russo Ms. Susan Limoncelli 181 School Street Cotuit, MA 02635 RE: 181 School Street, Cotuit Map: 020 Parcel: 090 Application: 200701506 Dear Mr. Russo, This letter is in response to your application for a building permit to repair the front porch and add screens to the above referenced property. According to 780 CMR 111.2, until the zoning issues are resolved we cannot act on this permit. Sincerely Robert McKechnie Local Inspector J ,3 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS ADMINISTRATION which are subject to construction control pursuant to 110.13 Amendments to application:Subject to the 780 CMR 116.0,shall be accompanied by a building limitations of 780 CMR 110.14,amendments to a survey where required by 780 CMR 34 and plan,application or other records accompanying the Appendix F. same shall be filed prior to the commencement of the work for which the amendment to the.permit is 110.10 Site plan:A site plan shall be filed showing, sought or issued. Such amendments shall be deemed to scale,the size and location of all new construction part of the original application and shall be and all existing structures on the site,distances from submitted in accordance with 780 CMR 110.0. lot lines, the established street grades and the proposed finished grades; and it shall be drawn in 110.14 Time limitation of application: An accordance with an accurate boundary line survey. application for a permit for any proposed work shall In the case of demolition,the site plan shall show all be deemed to have been abandoned six months after construction to be demolished and the location and the date of filing,unless such application has been size of all existing structures and construction that diligently prosecuted or a permit shall have been are to remain on the site or plot. issued;except that the building official shall grant one or more extensions of time for additional periods 110.11 Independent Structural Engineering not exceeding 90 days each if there is reasonable Review: cause and upon written request by the owner. 110.11.1 As a condition for the issuance of a 780 CMR 111A PII2MTIS building permit, the structural design of the following described structures shall be reviewed 111.1 Action on application:The building official by an independent structural engineer to verify shall examine or cause to be examined all applica- that the design of the primary structure is tions for permits and amendments thereto within 30 conceptually correct and that there are no major days after filing thereof. If the application or the errors in the design: construction documents do not conform to the 1. Buildings which ate five stories or more in requirements of 780 CMR and all pertinent laws height above the lowest floor,including stories under the building official's jurisdiction,the building below grade. official shall reject such application in writing, 2. Buildings which enclose a total volume of stating the reasons therefor. If the building official 400,000 cubic feet, including stories below is satisfied that the proposed work conforms to the grade. The volume shall be measured using requirements of 780 CMR and all laws and the outside dimensions of the building. ordinances applicable thereto,the building official 3. Structures in Use Group A,or structures shall issue a permit therefor. which are partially in Use Group A,which will be used for public assembly of 300 or more 111.2 Zoning:In accordance with the provisions of persons. M.G.L.c.40A or St. 1956,c.665 as amended,no 4. Structures of unusual complexity or design permit for the construction,alteration,change of use shall be determined by the BBRS. A building or moving of any building or structure shall be official may apply to the BBRS for such a issued if such building or structure or use would be determination on a specific structure. in violation of any zoning ordinance or by-law. Exemption:Temporary structures erected fora 111.3 Railroad ri ht-of-wa : No period of one year or less. g Y permit to build a structure of any kind on land formerly used as a 110.11.2 Requirements for the review: The railroad right-of-way or any property appurtenant independent structural engineering review shall be thereto formerly used by any railroad company in the in accordance with the requirements of state shall be issued without first obtaining, after Appendix 1. public hearing,the'consent in writing to the issuance 110.11.3 Disputes between the structural of such permit from the Secretary of the Executive engineer responsible for the design of the building Office of Transportation and Construction, all in or structure and the structural engineering peer accordance with M.G.L.c.40, §54A. shall be resolved by the structural peer review 111.4 Water Supply: No permit shall be issued for advisory committee in accordance with 780 CMR the construction of a building or structure which 125.0. would necessitate the use of water therein,unless a 110.12 Structures subject to control: In those supply of water is available therefor,either from a structures subject to control as required in 780 CMR water system operated by a city,town or district,or 116.0,affidavits must be submitted with the permit from a well located on the land where the building or application that the individuals and testing laborato- structure is to be constructed, or from a water ries responsible for carrying out the duties specified corporation or company, as required by M.G.L. in 780 CMR 116.0 have been licensed by the BBRS, c.40, §54. 11/27/98. 780 CMR-Sixth Edition 21 8k , 24147 Ps244 055730 08-11-2005 S1 43 2 22v DEED I,Ruthann Grover, of Cotuit Barnstable County,Massachusetts, for consideration paid,and in full consideration of Five Hundred Ninety Thousand and.00/100 ($590,000.00)Dollars_ grant to Susan Limoncelli, individually,whose address is 181 School Street, Cotuit, Massachusetts 02635, with QUITCLAIM CovENANTs the following described premises: A certain parcel of land,with the buildings thereon, situated in Cotuit,Barnstable County, Massachusetts,being Lot 15 School-Street as shown on a Plan of land entitled"Plan of Land in j Cotuit,Barnstable,Mass.,for Walter C.Grover,Jr."dated May 13, 1968 Charles N. Savery, Inc.,Registered Engineers-Surveyors,which said Plan is recorded in Barnstable County Registry L of Deeds in Plan Book 220,Page 65,to which Plan reference is hereby made for a more particular description. Said Lot 15 contains 26,274 square feet of land,according to said Plan. For Grantor's title see deed dated October 15, 1997 and recorded at Barnstable County Registry tCl of Deeds, Book 11024, Page 007. ExEcunb under seal this day of August, 2005. J MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 08-11-2005 8 03922ae Ct14: 1701 Doc4: 55930 Ru a+Groer Fee: $2,017.80 Cons: $590,000.00 COMMONWEALTH OF MASSACHUSETTS County of Barnstable, ss. August ,2005. J V On this day of August,2005,before m ,the undersigned not O e un gn notary public,. personally appeared Ruthanne Grover,proved to me through satisfactory evidence of �. identification,which was her Driver's License to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 08-11-2005 8 03:22ne Ctl11 1701 Doc4: 55930 Fee. $IP345.20 Cons: $590r000.40 Notary Pu lic mmission ex ices: JDAM7M Notary Pubiic Commonwealth of Masse "" •�� Return to: Susan Limoncelli My commission Ex �, ;ti'••�c ''y 181 School Street Februa 8,2 Cotuit, MA 02635 1 ti • o= . ti '••. ..fig;• i BARNSTABLE REGISTRY OF DEEDS `'!�•...;w►•+' oFtHE•� Town of Barnstable Regulatory Services • BAMSeABLE. v Mass. Thomas F. Geiler, Director �p i639. �0 TF039.�" Building Division Thomas,Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 August 6, 2007 Attorney Michael J. Princi Wynn & Wynn, P.C. 300 Barnstable Road Hyannis, MA 02601 RE: 181 School Street, Cotuit MA Dear Attorney Princi: I have reviewed the materials that you have submitted concerning 181 School Street, Cotuit. While we are in agreement that this cottage has existed for some time, I still fail to see where this has ever been properly permitted by this department. In order for this to have the protection afforded by Chapt.40a section 7 it would have to have the benefit of a building permit. This did not occur. There was evidently a building permit issued to add a sink and some heat for a garage that was evidently going to be used as an occasional workshop. The work that was permitted under that permit was started, but it appears that there was a deviation from the permit that was` granted, living space was added in violation of the granted permit, and hence the November 6, 1981 letter to correct the violation was issued by Joe DaLuz the Building Commissioner at that time. The subsequent permit to add a family room that was issued in June of 1989 would not afford the protection of 40a section 7 to the cottage because this is, and has always been, a separate structure. Section 7 of 40a deals with the separate structures and uses on a parcel so if a permit is applied for to a structure on a parcel and that proposal meets the Ordinance, as far as use and bulk requirements, then the permit may issue. If a permit was applied for on the cottage structure, after the use violation was identified, the permit should not be issued because the use of that structure is and was in violation of Zoning. This permit for the family room was closed out on January 1, 1990. There would be no Certificate of Occupancy issued. The final 1 inspection would be the extent of inspections or approvals that would be issued by this department. A Certificate of Occupancy would very rarely, if ever, be issued for an addition. This is the reason why I have subsequently issued a permit to fix the front porch on the main house (the same structure that had the family room added to in 1989) but refuse to issue permits for the cottage structure. As to what is in the file this is whatever this department had in it's possession, none of this was found in other sources since, this permit was closed out in January of 1990 one could make the assumption that the July of 1989 inspection notation next to date completed was in error and should have been entered next to Date of Inspection. But this is total subjection and who knows what actually transpired So to clarify Michael, the permit application for the cottage to "complete construction renovation of stairs in cottage" is denied based on the fact that, in this office's opinion,the cottage is not a legally pre-existing non-conforming use and therefore does not have the protection afforded by Chapter 40a sectionT Very truly as P yo , T omerry, CBO Building Commissioner cc: Zoning Board of Appeals FEB-12-2094 03:15 FROM:KIMBRLL T0:150979a6230 F.2'2 Town of Barnstable - Regulatory Services AIM i Thomas F.Geilor,Director MW L63qs Building Division Tom perry,Building Censmissioner 200 Main Street,Hyamnis,MA 02601 __.-...._......._...._. office_ 508-862.4038 Fax: 508-790-623a REQUEST FOR ELECTRICAL jNSFECTION EILwMICAL FERbUr NUMBER 7 L' U (Pa-wit requireil in order to process Lupeetion) Today's Date //J/R Requested hate of Inspection _hereby request an inspection under Massatb setts General ///. x (Electrician) /W Law chapter 143,section 3L and 237 CMR 4.02(3). The installation la complete and ready for inspection at I o (Properly Location) 'hype of inspection requested: Tempomy Service Service Ro-inspection [� Excavation [] Rough Re•iaspectiou �emce Inspection ® Final RD.inspection Laugh Inspection for Final Iaspcction for [� Other Owner or tenant 4!1, ice-- mensee s name, address,and phone /'1'7 7j�LJ rCfl� c License numbers 3 Licensee's 5tgnaturt 1 This section to be completed b rnsiab a Inspector of WtM SOW, . Iaspectioadate FEB 6 2004; pppoved ElNetApprovetl This work was not approved for violation of the following Arricles and Sections of the MA Electrical Code; official Use 00 Commonwealth of MassachusettsFPermuit Department of Fire Services nd Fee Checked BOARD OF FIRE PREVENTION REGULATIONSeave blank R PERMIT TO PERFORMcal�ELECTRICCALoWORK APPLICATION FO All work to be performed in accordance with the Massachusetts Electra de(�Mcpl (PLEASE PRINT IN INK OR TYPE ALL INF RMAT70-N,) Date:_ of Y City or Town of: Barnstable C' �U'T To the Inspector of Wires: application the undersigned gives notice f his or her intention to perform the electrical work described below. By this Parcel MAP Q Location(Street&Number) C) L��1 1} u� �� 6 Telephone No.Owner or Tenant ^ 1` Owner's Address Is this permit ermit in conjunction with a building permit? Yes ❑ No E] (Check Appropriate Box) Purpose of Building Utility Authorization No.'� 3 S y -7 y _ / Volts Overhead❑ Undgrd❑ No.of Meters Existing Service Amps No.of Meters NewSece o t) Amps i I / ZZJ Volts Overhead Q Undgrd❑ _� Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: I Nr--,,4 f, t o Q Comb letion of the allow' iable-huiy be waived b the Ire3 eclat o Wires. o.of Total No.of Recessed Fixtures No.of Ceil.-Susp.(Paddle)Fans Transformers KVA Generators KVA- No.of Lighting Outlets No.of Hot Tubs Above n- o.o mergency ig g No. of Lighting Fixtures Swimming Poal rnd. ❑ rnd. El Batter Units No. of Receptacle Outlets No.of Oil.Burners FIRE ALARMS No.of Zones Burners No.o Detection and No.of Gas No. of Switches Initiatin Devices Total No.of Alerting Devices No.of Ranges No.of Air Cond. Tons Heat ump Num er Tons _W 0, 0F .of Self-Containe No.of Waste Disposers Totals: Detection/Alertin Devices 1y1LU11"F!%A Lj Other No.of Dishwashers Space/Area Heating KW Local ❑ Connection Security Systems: KW Heating Appliances No.of Devices or Equivalent No.of Dryers No.of '. ater KW No,of Data Wiri No.of ng: Heaters Si ns Ballasts No.of Devices or E uivalent Telecommunications Wirmg: No.Hydromassage Bathtubs No.of Motors Total HP No,of Devices or EcluNilent OTHER: Attach additional detail if desired, or as required by the Irupector of Wires. INSURANCE COVERA GE: Unless waived by the owner,nmpletedto�ern'co erage or its substantial e gvalent Tess the licensee prpvides proof of liability insurance_-mcludma cop p ,_ undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE BOND [] OTHER El (specify:) (Expiration ate) Estimated Value of Electrical Work: (When required by municipal policy.) Inspections to be requested in accordance with MEC Rule 10.,and upon completion. Work to Start: I certify, under the pains and penalties of perjury,that the inforination on this application is true acid complete. LIC.NO.: FIRM NAME: -rl Licensee: �Q ,��5 etc Signature LIC;NO.: C_�/(3� Bus.Tel.No.:• e>S 1� (If applicable enter `�exem�t"in le l�ic2ense nu bell line.) v a Alt.Tel.No.: Address: d 7 �- p OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally by law. By my signature below,I he,reby,waive.this requirement. I am the(check one)❑.owner ❑ owner's agent. c.rvv VAL: 5511130 RES EXE�9� ��i� .UU Dt;ST : . CO TOT . BLD VAL: 43 TOT TAXAOf_ E VAL :TOT OTR VAL: 900 TOT T^':aN TAX: 778.10 JT TOTAL VALUE; Tyr - ter 7_AX: 127.10 ----- __ L: uiri 234. LAND i— 1 19,�uu /1 r POVER, PAUL E 3 LISA P BLDG( S)—CA RQ-1 1 76,200 C 0 V E R.., PA U t_ ' L I S A P COTU MA 02635 SEQ- lr 167Z9 ' )C : 32 DOLAR DAMS RD -`CEtdT{ ACRES ' 36 STmTE Z'L,kSSS, 101 i TOTAL ASSMTE: DEED REFERENCE: 5460/076 12/86 TOT .LND ;VAL. 19,500 RES EXEM: 0 •QO i�DLLOT•LOT08 3 DIST C0' TOT :BLD FV.AL: , 76,200 TOT TAXABLE VAL: 95, 1UG TOT OTR VAL• T T TOWN 7AX: TOTALVALUE 95,700 TO DIST TAX: 942.64 ------------------------ -- --- J1 Q6.002`" LAND ------QF------------------------------- EY. 353904 PARCEL- R189 0 1 1 200 1 ,+1 : GROVER, PAUL E & LtSA'> P BLDGCS) CARD ;7 1 54.200 CUR . GROVER, PAUL E & LISA� P r ` P 0 BOX 159 Y COTUIT MA; 026�3S,= j. F '!6 7 3^0 4' LO C•• : 45". AMES WAY CENT .,;,, s ;• z�: r ACRES: 34 STATE C! ASS '101 TOTAL ASSPiTS: .00 �ED REFERENCE: 5264l2894 $8/86� b 70T LND ,5VAL 19,,200 RES .EXE.1 0 LOT• LOT Z IS-T Cf0; TOJ—BLD ,VA 54200 TTOOT :°TTAOXWAi�BLE VAL: 73 ,,.4 002 TOT OTVAIUL �LOT TA 7340 n IOTAL�iV + ' ALU . 0 1 96� -- — _----__--_— ---__ yw ,, KEY: 1:991 PARCEL R007 039� , :� .A D H z: — — - ------- ------- — � .? k� r- t L IV '1 30,100 W z.. ' N. GR'3VER' PAUL E _$, Rll ary w • THANWE BLDGtS) CARD 1 751100 Ct1R: ;.GROVER. PAUL aE ti ,'PJUTHpAHNE � a P 0 BOX - 159 'u y why'"'' ( W''F 5 5 YS'^u'+M Sri COTUIT r SSA02fi3F5iF � , ' � d e+su yr5hfk d,1 4,fr e .5� . �'� '�, ,� 1- � '^�<£q x..�'' � r�.°S Eti•'�a"�-t Y .. t +!'-Z lis.4 -x.3Yd dt a . .. F 4'..' 4�yc k-rr "s 7r,�` ''a:3;�Y .#.: ,z1s, t'� .y7:" r-1• �; "LOC_ FIASHPEE Rt�' C.OT> � ..:: S T A Z,E:{;...CLASS 1}01 aFa �a, F; G`.; �4 R TOTAL A S S., FNDEEO REFERENCE 7�.4 �e ,;.., r �:., f �; � MTS:. 00: 851`1045 12!>85 TOT: LND V"AL p f . , ,.. `3 01 Q0 R E E X E M• 0 , LOT k F �" r -LOT J _. vrxD .<c r .wry y {r `�r .,� { ISTr CT TO;t BLD.Y..VAL k 75 .100 TOT TAXA 105 200 Jle L LOT J. ;y F> ;✓l:rc.. x ? oaf h d "a F 4: „L ,. ,, ti *r.. .� � :. 5 T'O.T..� OTRtY-AL. TOT T �- :x:c +,,..r. Y� '"Y�`' c�_ ,+ ,,r lsi'. •1`f d?.:fnTOT. • 1 �.- � .,�� s,.:, >rwTOTAL..VACU"E,. . . 1.05'` 200. :D_ _ _ t- � _Ky {_�_. w _ F5 :_ _ TST .;TAX: 164` 12r j _ 'H�x�I N''"^.t'y:�"iy/C y • ,'::. .:" _ . -}.: tYN A,t,1. ..i5.,� 1^J1�.y"::Y2 11 "rlkx"' -- b� — — -- -- 3 .. .. .. .w. .. 8592., PARCEL...�.R020 , - .. �* sh �r..� � — j. �.,. �d9.0. r, �, z .-.LAND t.y,�sr -1 „40'; OVER,.:,. RUTHANNE - l' �� � �� t� .���_ (S CAR � 1 7 1 I. } .:GROVER,;:RU.THA'iUNE �, x �•u:� m ,,..:. . _ .f ad s; .fi . BOTHER-u.FEA;TURE .1 ;BOX. 2 p ...;181^b:.S C-H 0 0 L ,.. ., eM , Pt A- 026.35, �,. _ �, --� !, } wd -' FP.R.. [" r.�Y}.':. taS . - k.. in,-i r '{1�r -•y.N,1`"G: iJ.`t y a NZs(f� I. y' �.S E,Q• i .1 ,ti e7' n' 'iV- .: .s . . 1 1. fi ��' r.1f•':�� �'� "{�1-,�^MYd Rl3 y�T.y�',.IJ 673 �.,,;: Y •w3�iC 9i,,,,¢¢ }.tiS'CL. ;>4A - L2 .� u1�<;•d...1.L�l..,�'4,f3 .LST' �� ;.�'g Y.S, `"�s�'. r. :.'� �' ... ..,.. r j'i,,:`Vr> ,,it+R..r.r Ah.._�_sra* z: �.:`'�;. w �,�,Yw+3 +'' �, k-% 8�t�• - CH ;.i ,00 L S T.-.,COT ., _ , .,,, .60. STATE. "CLASS 1._01 <:;{ t ': Fz, , , �� „j, �^ z DEED' REFERENCE: 2342/1334 TOTAL' ASSI4TS: .00 . "- 'r 0/O.Q _ f TOT; LNO;� VAL.' ,4 40i600 RE'S EXEM: 0 rLGT 15 DIST-� CT TOT .8£DYAI : ,af, r#CAL` LwOT 15 : '•:. . ` . � `; ,100 TOT TAXABLE ; VAL: 124.300 .. 73 TALT_VAC:UE: - -. ;;124 300 TOOT 0TOsT TAV: ,1 :224 6� Property Location: 181 SCHOOL ST COT MAP ID: 020/090/ Vision AD: 9117 Other ID: Bldg A 1 Card 1 of 2 Print Date:03/20/200611:37 �'CURRENT,OWNER, G :TOPO i UTILITIES SIR /ROAD 4 LOCATION.' "CURRENT'ASSES$MENT ROVER,RUTHANNE&PAUL E Description Code Appraised Value Assessed Value %DROVER,RUTHANNE RESLAND 1010 48,000 48,000 80l O BOX 262 SIDNTL 1010 104,500 104,500 �-_-- OTUIT,MA 02635 Barnstable 1998,MA 4,a :'SUPPLEMENTALDATA o ccount# 8592 220/65 200 LOT15 VISION IS ID: Totall 152,500i 152,500 •<RECORD OF OWNERSHIP. : ;F BK-VOI/PAGE 1 SALE DATE:' /u v/i SALE PRICE .C. {" t, a4,�- ,�`L�° '�`aPREVIOUS'ASSESSMENTS" HISTORY ROVER,RUTHANNE 11024/007 10/24/1997 U I 0 lA Yr. Codel 'Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value ROVER,RUTHANNE&PAUL E 8921/161 12/15/1993 U I 100 F 1997 1011 149,300 996 1011 149,300 995 1011 149,300 ROVER,RUTHANNE 2342/133 Q 0 Total: 149,3001 Total:1 149,300 Total: 149,300 `EXEMPTIONS '.. `� - `OTIIER ASSESSMENTS ;i This signature acknowledges a visit by a Data Collector or Assessor �.. �,_ . Year TypelDescription Amount Code Description Number Amount Comm.Int. >.APP-RAISED VALUE SUAIALIRY "t ' It ,e a. Appraised Bldg.Value(Card) 69,100 Appraised XF(B)Value(Bldg) 4,700 Total: Appraised OB(L)Value(Bldg) 0 �.WOTES Appraised Land Value(Bldg) 47,900 ( g) } Special Land Value Total Appraised Card Value 121,700 Total Appraised Parcel Value 152,500 Valuation Method: Cost/Market Valuation et Total Appraised Parcel Value 152,500 E. �-�BUILDINGPERMIT-RECORD. " VISIT/CHANGEWISTORY;'�"�� a "` Permit ID Issue Date Type Description Amount Insp.Date %Comp. Date Comp. Comments Date ID Cd. Purpose/Result B32976 6/1/1989 AD 10,000 1/15/1990 100 CO ADD'N 2/15/1990 ME 4 " -._ _ "'• TIONSECTION.9 1 FLAND LINE-VALUA B# Use Code I Description Zone I D lFrontage Depth Units Unit Price L Factor S.I. C.Factor Nbad. Ad Notes-Ad lS ecial Pricing Ad'. Unit Price Land Value 1 1010 Ingle Fam RF 2 1 0.60 AC 133,000.00 1.00 5 1.00 03AB 0.60 PCL(.60,U10)Notes:101BLD 79,800.00 47,960 i Total Card Land Units 0.60 AC Parcel Total Land Area: 0.60 AC Total Land Valu 47,900 Pxoperty Location: 181 SCHOOL ST COT MAP ID: 020/090/ Vision 1 :9i�7 Other ID: Bldg A 1 Card 1 of 2 Print Date 03/20/200611 < : ` ,> -a. .,. y r .,iC .yCONSTRUCTIONIDETAIL A- .,,,, �. � :°� .: r n _ . r,�,SKETCH �, r Element Cd. Ch. Description Commercial Data Elements Style/Type 6 Conventional Element Cd. Ch. Description 22 Model 1 Residential Heat&AC Grade + + Frame Type Baths/Plumbing 16 WDK 1 Stories .5 1/2 Stories • ccupancy 0Ceiling/Wall 22 ooms/Prtns 19 Exterior Wall 1 4 Wood Shingle o Common Wall 2 Wall Height Roof Structure 3 able/Hip Roof Cover 3 sph/F Gls/Cmp ,�CONDOIMOBILE HOME DATA , � �: 6 BAS . 2 Interior Wail 1- .. 3 ...._ Plastered _ . Element Code Description actor Interior Floor 1 12 Hardwood Complex 2 Floor Adj Unit Location 3 16 Heating Fuel 3 Gas 26 Heating Type Forced Air-Duc Number of Units C Type 1 None Number of Levels 13 o Ownership, Bedrooms 04 Bedrooms BAS athroo_Ms_. .5 1/2 Bathrms - " COSTIMARKET VALUATION 'it UBM_ 2 _ 1 1 Full+1/2 nadj.Base Rate 48.00 FHS Total Rooms. Rooms Size Adj.Factor 1.06501 13 Bath Type Grade(Q)Index 1.06 0 FOP 21 l(itchen Style 20 Adj.Base Rate 54.19 Bldg.Value New 94,616 27 Year Built 1910 ff.Year Built 1970 mil Physcl Dep 27 uncnlObslnc 0 .._�v. � MIXED�USE_,' . 'a� " ' onObslnc 0 pecl.Cond.Code 1010 Single Fam 100 Specl Cond°Jo Overall%Cond. 73 eprec.Bldg Value 69,100 OB-OUTBUILDING&;YARD ITEMS(L)I XF=BUILDING EXTRA FEATURES(B) r, Code Description LIB Units Unit Price Yr. D Rt %Cnd Apr. Value FPL2 . irepl-1/2 Sty B 2 3,200.00 1970 1 100 4,700 BUILDING-SUB-AREA SUMMARY SECTION,' Code Description Living Area Gross Area E .Area Unit Cost Unde rec. Value BAS First Floor 1,105 1,105 1,105 54.19 59,880 FHS Half Story,Finished 428 611 428 37.96 23,193 FOP Porch,Open,Finished 0 280 56 10.84 3,035 UBM Basement,Unfinished 0 611 122 10.82 6,611 WDK Wood Deck 0 352 35 5.39 1,897 tl. Gro&s Li a re '" "` 1 5_331 2,959 1746 ld al: I 94 616 "` .Property,Location: 181 SCHOOL ST COT MAP ID: 020/090/ Vision ID: 9y17 Other ID: Bldg.A- 2 Card 2 of 2 Print Date:03/20/200611:38 CURRENT OWNER ..r,. .,.;, .� ` . .`TOPO.-", -. UTILITIES. STRT./ROAD ",;LOCATION- _,-'Q -CURRENT ASSESSMENT, ` x ROVER,RUTHANNE&PAUL E Description Code Appraised Value Assessed Value %GROVER,RUTHANNE RESLAND 1010 48,000 48,000 801 O BOX 262 RESIDNTL 1010 104,500 104,500 OTUIT,MA 02635 iEE IEEE Barnstable 1998,MA �`� ' ...• �'SUFPLEMENTAL'DATA- rf': ccount# 8592 220/65 200 LOT 15 VISION IS ID: Total 152,500 152,500 --`RECORD OF OWNERSHIP, ,"'_ � BK-VOL/PAGE -SALE DATE' /u v/i SALE PRICE,,V.C. ""; PREVIOUS ASSESSMENTS HISTORY '. ROVER,RUTRANNE 11024/007 10/24/1997 U I 0 1A Yr. Codel Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value ROVER,RUTHANNE&PAUL E 8921/161 12/15/1993 U 1 100 F 1997 1011 149,300 996 1011 149,300 995 1011 149,300 ROVER,RUTHANNE 2342/133 Q 0 Total. 149,300, Total., 149,300, Total: 149,300 s.EXEMPTIONS '. r "' "' -'OTHER ASSESSMENTS . '4' ,F x This signature.acknowledges a visit by a Data Collector or Assessor Year TypelDescription Amount Code Description Number Amount Comm.Int. r r -AP PRAISED,VALUE�SUMMARY' Appraised Bldg.Value(Card) 30,700 Appraised XF(B)Value(Bldg) 0 Total: Appraised OB(L)Value(Bldg) - 0 _ Appraised Land Value(Bldg) 100 NOTES.. - �., - °` Special Land Value FY 89 PICKED UP GAR CONVERSION.. - Total Appraised Card Value 30,800 Total Appraised Parcel Value 152,500 Valuation Method: Cost/Market Valuation et Total Appraised Parcel Value 152,500 . s `:-BUILDING PERMIT;RECORDr y. � � g.�a.�� '�.'dVISIT/CHANGE HISTORY. ` Permit ID Issue Date T ype Description Amount Insp.Date %comp. Date Comp. Comments Date ID Cd. Purpose/Result 2/15/1990 ME P z ".`,'LAND LINE VALUATION SEGTION B# Use Code Description Zone _L Frontage _Depth Units Unit Price L Factor S.L C.Factor Nbad. Ad'. Notes-AdYS ecial Pricing Ad'. Unit Price Land Value 2 1010 Single Fam RF 2 0.01 SF 0.00 1.00 5 1.00 03AB 0.60 PCL(00)Notes: 0.00 100 Total Card Land Units .0.00JACI Parcel Total Land Area:. 0.60 AC Total Land Valu 106 Prot:.erty Location: 181 SCHOOL ST COT MAP ID: 020/090/ Vision ID:917 Other ID: Bldg A• 2 Card 2 of 2 Print Date: 03/20/200611 .CONSTRUCTIONDETAIL 4 µ N f � __- .. .•.,. � ..�"�; ,._�SKETCH � - Element Cd. Ch. Description Commercial Data Elements Style/Type 36 Cottage Element Cd. Ch. Description Model 01 Residential Heat&AC Grade OC C Frame Type 20 Baths/Plumbing Stories 1 1 Story ccupancy 00 CeitingfWall ooms/Prtns Exterior Wall 1 14 Wood Shingle o Common Wall 2 Wall Height Roof Structure 03 able/Hip Roof Cover 03 sph/F Gls/Cmp 4CONDO/MOBILE HOME DATA • Interior Wall 1 5- Drywall 2 Element Code Description Factor - - • Interior Floor 1 14 Carpet ComFloor J ex BAS 2 0 3 Unit Location eating Fuel 2 Oil Heating Type 9 Typical Number of Units C Type 1 None umber of Levels o Ownership Bedrooms DO Zero Bedrooms Bathrooms I I Bathroom ``COST/MARKET VALUATIONS - 0 1 Full nadj.Base Rate 48.00 otal Rooms Size Adj.Factor 1.66667 Bath Type- Grade(Q)Index 0.94 20 Kitchen Style dj.Base Rate 75.20 Bldg.Value New 45,120 Year Built 1965 ff.Year Built 1965 rml Physcl Dep 32 uncnlObslnc 0 n, ti MIXED-USE�. sa con Obslnc 0 _ pecl.Cond.Code 1010 Single Fam 100 Specl Cond% Overall%Cond. 68 eprec.Bldg Value 30,700 ;. OB=OUTBUILDING&.;YARD,ITEMS(L)7 XF BUILDING EXTRA FEA,TURES(B)�P" Code Description LIB Units Unit Price Yr. D-P Rt %Cnd Apr. Value `BUILDING SUB-AREA-SUMMARY SECTION Code Description Living Area Gross Area E .Area Unit Cost Unde rec. Value BAS First Floor 600 600 600 75.20 45,120 ease Area 600 -. 600 600 Bld V 45,120 Property Location:181 SCHOOL STREET MAP ID:020/090/// Bldg Name: y State Use:1090 Vision ID•917 Account#8592 Bldg#: I of 2 Sec#: 1 of 1 Card 1 of 2 Print Date:03/13/2007 10:51 L IMONCELL[ SUSAN 2 Above Street ublic Water 1 Paved Description Code Appraised Value Assessed Value ESIDNTL logo 246,500 246,500 801 181 SCHOOL ST as ES LAND 1090 237,300 237,300 2007 Visions Data,MA Peptic ESIDNTL 1090 900 900 OTUIT,MA 02635 :`SUPPLEMENTAL'DATA `�'_" dditional Owners: ther ID: Plan Ref. 220/65 Tax Dist. 200 Land Ct# er.Prop. #SR i Life Estate VISION s DL 1 LOT 15 Notes: , DL 2 CIS ID: 917 JASSOCPID# TWO 484,700 484,700 ,-rvREC-ORD OF,OWNERSHIP �— ;.,"PK-VOLIPAGE. SALEDATE /ti v1t SALE PRICE I.C. PREVIO(ISASSESSMENTS HISTOR ' t . z „ . 3 LIMO NCELLI,SUSAN 20147/244 08/11/2005 Q 1 590,000 00 Yr. Code I Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value ROVER,RUTHANNE 11024/007 10/24/1997 U 1 0 IA 2006 1090 178,400 2005 1090 165,400 2004 1090 143,800 ROVER,RUTHANNE&PAUL E 8921/161 12/15/1993 U 1 100 F 2006 1090 227,400 2005 1090 151,600 2004 1090 1519600 ROVER,RUTHANNE 2342/133 Q 0 2006 1090 1,000 005 1090 1,000 004 1090 1,000 Total: 406,8001 Total:1 318,0001 Total: 296 400 Year T e escn�t:on TIONS, - ?°Amount Code 3 escri lion A-,OTHER A Number MENTAmount his signature acknowledges a visit by a Data Collector,or Assessor Comm.mm.Int. 0 5C RESIDENTIAL EXEMPTION 0 T APPRAISED-VALUE'SUMMARY,, Appraised Bldg.Value(Card) 171,100 Totak ASSESSINGNErGI�BbRII0OD," �a ®"A .T A raised XF B Value(Bldg) 4,800 NBHD/SUB NBHD NAME STREET INDEX NAME I TRACING BATCH Appraised OB(L)Value(Bldg) 900 0108/A Appraised Land Value(Bldg) 237,300 .."=� .� �� _ Special Land Value NOTES ` 1 Total Appraised Parcel Value 484,700 Valuation Method: C Adjustment: 0 Ket Total Appraised Parcel Value 484,700 PERMIT-RECORDS t!ISIT/CHANGEHISTORY. .w Permit ID Issue Date Tvpe Description Amount Insp.Date %Comp. Date Comp. Comments Date Type IS ID Cd. Purpose/Result 88946 12/08/2005 NR New Roof 3,500 01/06/2006 100. 01/01/2009 3/31/2006 PT 44 Drive by inspection only B32976 06/01/1989 AD 10,000 01/15/1990 100 CO ADD'N 1/l/2006 MF 02 ea./List Bldg Permit On 10/18/2005 GB 01 eas/Est 3/30/2005 PT 44 Drive by inspection only 9/5/2002 PT 00 eas/Listed 'LINE VALUATION B Use Use Unit I. Acre C 5'T. # Curie Description Zone D Fronta a De th Units Price Factor S.A. Disc Factor Idx Ad Notes-Ad' Spec 1 PricinjZ 4dj. Unit Price Land Value 1 1090 Multi Hses MDL-01 RF 2 1 0.60 AC 172,000.00 1.53 5 1.0000 1.00 0108 1.50 395,496.80 237,300 Total Card Land Units: 0.601 ACI Parcel Total Land Area: .6 AC Total Land Value: 237,300 Property Location: 181 SCHOOL STREET MAP ID:020/090/ Bldg Name: State Use:1090 Vision ID:917 Account#8592 Bldg#. 1 of 2 Sec#: I of 1 Card 1 of 2 Print Date:03/13/2007 10:51 CONSTRUCTION DETAIL CONTINUED) Element Cd. ICh.Pescription Element Cd. Ch. Description Style 06 Conventional WDK 22 Model 01 Residential Foundation 04 Brick Walls Grade C+ Average Plus 11 Stories 1.5 1 1/2 Stories Bath Split 11 1 Full+1-H 16 ccupancy MLV 'ED.-USE 5 22 Exterior Wall 1 14 Wood Shingle Code Descri tion Percentage 19 Exterior Wall 2 1090 Multi Hses MDL-01 100 18 Roof Structure 03 Gable/Hip Roof Cover 03 sph/F GIs/Cmp 5 Interior Wall 1 03 Plastered 26 BAS 26 Interior Wall 2 'COST IMARKE T VALUATION Interior Flr 1 12 Hardwood Adj.Base Rate: 121.56 tenor Flr 2 Section.RCN: 213,832 Heat Fuel 3 Gas Net Other Adj: 0.00 3 16 1 eat Type 5 of Water Replace Cost 213,832 26 YB 910 AC Type 1 one A 1 YB 1987 12 Total Bedrooms 4 4 Bedrooms Dep Code FHS otal Bthrms 1 Remodel Rating FOP BAS 2E Total Half Baths 1 Year Remodeled 75 Total Xtra,Fixtrs Dep% 0 14 Total Rooms 9 9 Rooms Functional Obsinc 21 21 Bath Style External Obslnc 20 Kitchen Style Cost Trend Factor I Status 27 7 %Complete Overall%Cond 0 Apprais Val 71,100. Dep%Ovr Dep Ovr Comment Misc Imp Ovr Misc Imp Ovr Comment Cost to Cure Ovr Cost to Cure Ovr Comment OB e -OUTBUILDING&'YAPDITE,'IfS(L)%XF-BUILDING EXTRA�TEA TURTS(B)-4-­ Code escri tion Sub Sub Descript LIB Units Unit Price Yr Gde Dp Rt Cnd %Cnd Pr Value SHED Shed L 140 8.00 1990 1 100 900 FPL2 Fireplace B 1 3,000.00 1987 1 100 2,400 FPL1 Fireplace B 1 3,000.00 1987 1 100 2,400 �,BU ILbINGSUB-AREASUMMAR.YSECTIOIVK� Code Description LivinzArea Gross Area Eff.Area Unit Cost Undepree. Value AS First Floor 1,100 1,100 121.56 133,721 FHS Half Story 303 606 111.94 67,8313 FOP Open Porch 0 287 24.14 6,929 WDK Wood Deck 0 442 12.10 5,349 Ttl. Crros.v Livl*Lease Area: 1.4031 2.435 213.832 Property Location:181 SCHOOL STREET MAP ID:020/090//! Bldg Name: State Use:1090 Vision ID•917 Account#8592 Bldg#: 2 of 2 Sec#: 1 of 1 Card 2 of 2 Print Date:03/13/2007 10:51 'UTILITIES" - "- CURRENT OWNER, IMONCELLI,SUSAN bove Street ..ublic Water 1 aved / D C Description ESIDNTL" C 09e Appraised Value Assessed 2 Value as S LAND 1090 237 300 237,, 500 181 SCHOOL ST � 300 801 eptic ESIDNTL 1090 900, 9002007 Visions Data,MA OTUIT,MA 02635 =SUPPLEMENTAL DATA, dditional Owners: Other ID: Plan Ref. 220/65 Tax Dist. 200 Land Ct# er.Prop. #SR Life Estate VISION DL 1 LOT 15 Notes: DL 2 CIS ID: 917 ASSOC PID# Total 484,7001 484,700 =7tECORD,bFOWNERSHIP. ;" BK IVOL/PAGE `SAlEDATE.; `hi 0 SALEPRICE:;I!C. 7yG- _ _-; ,.PREVIOUS ASSESSMENTS HIS TOR IMONCELLI,SUSAN 20147/244 08/11/2005 Q I 590,000 00 Yr. Code I Assessed Value Yr. Code Assessed Value Yr. Code I Assessed Value ROVER,RUTHANNE 11024/007 10/24/1997 U I 0 lA 2006 1090 178,400 2005 1090 1659400 004 1090 143,800 ROVER,RUTHANNE&PAUL E 8921/161 12/15/1993 U I 100 F 006 1090 2�7,400 005 1090 151,600 004 1090 151,600 ROVER,RUTHANNE 2342/133 Q 0 2006 1090 1,000 005 1090 19000 2004 1090 1,000 Total..- 406,800, Total: 318,0 Total: 296 400 EXEMPTIONS .�= r lOT1YER.ASSESSMEIVTS aThis signature acknowledges a visit by a Data Collector or Assessor Year Type escri tion Amount Code Description Number Amount Comm.Int. 0 5C rSIDENTIAL EXEMPTION 0 ` ,APPRAISED`VALUE°SUMMARY Appraised Bldg.Value(Card) 70,600 ASSESSING=NEIGHBORHOODa.r _ .. j Appraised XF(B)Value(Bldg) 0 NBHD/SUB NBHD NAME STREET INDEX NAME TRACING BATCH Appraised OB(L)Value(Bldg) 0 0108/A Appraised Land Value(Bldg) 0 ,_, •� =NOTES 4 Special Land Value 0 GAR CONVERSION.. Total Appraised Parcel Value 484,700 Valuation Method: C WITH LOFT J Adjustment: 0 et Total Appraised Parcel Value 484,700 _ BUILDINGPERMITRECORD; :: . s'`a. s ': ° " =VISIT/CHANGE HISTORY Permit ID Issue Date T e escri tion Amount Ins Date %Comp. Date Co v s ° m Comments Date Type IS ID Cd. Purpose/Result 3/31/2006 PT 44 Drive by inspection only 1/1/2006 MF 02 ea./List Bldg Permit On 10/18/2005 GB 01 eas/Est 3/30/2005 PT 44 Drive by inspection only 9/5/2002 PT 00 eas/Listed F ,_�,, ��. A, ��, � ,,, ,,�.,� _ --• � �., •� -L'AND°LFNEVAL(1A-TIONSECTION # C Description Zone D Frontage De th �Units Price Factor S.A. Disc Factor Idx Ad'. @'A Notes- w B-� Use Use Unit I. Acre C ST. Code Des Ad' Spec I Pricing d'. Unit Price Land Value 2 1090 Multi Hses MDL-01 RF 2 0 SF 0.00 1.00 5 1.0000 1.00 0108 1.50 0.00 0 Total Card Land Units: 0.00JACI Parcel Total Land Area: .6 AC Total Land Value: 0 Property Location: 181 SCHOOL STREET MAP ID:020/090/ Bldg Name: State Use:1090 Vision ID:917 Account#8592 Bldg#. 2 of 2 Sec#. 1 of 1 Card 2 of 2 Print Date:03/13/2007 10:51 0 COASTR UCTION DETAIL 'CONSIR UC TION DETA JL---(CONT-INUMD Element Cd. Ch. Description Element Cd. Ch. Description Style 6 Cottage Model .1 Residential Foundation 03 Conc.Slab Grade + Average Plus 20 tones I Story Bath Split .10 .1 Full Occupancy 1—� ., -1 1". MIXED USE Exterior Wall 1 14 Wood Shingle Code Description Percentage Ext&rior Wall 2 1090 Multi Hses MDL-01 100 Roof Structure 03 Gable/Hip Roof Cover 03 Asph/F GIs/Cmp Interior Wall 1 5 rywall Interior Wall 2 COST/MARKET:VALUATION, Interior Flr 1 14 Carpet Adj.Base Rate: 41.75 BAS Interior Flr 2 Section.RCN: 5,050 0 30 Heat Fuel 3 Gas Net Other Adj: .00 Replace Cost 5,050 Heat Type 4 of Air AYB 965 AC Type 01 one YB 990. otal Bedrooms 01 1 Bedroom Dcp Code Total Bthrms 1 Remodel Rating Total Half Baths 0 Year Remodeled Total Xtra Fixtrs Dep% 17 Total Rooms Rooms Functional Obslnc D Bath Style External Obslnc D 20 Kitchen Style Cost Trend Factor Status %Complete Overall%Cond 33 AppTais Val 70,600 Dep%Ovr Dep Ovr Comment Misc Imp Ovr Misc Imp Ovr Comment Cost to Cure Ovr D Cost to Cure Ovr Comment OB-;OUTBUILDING -ITARDITEMS(L)IXF7BUILDING EXTRA FEATURES(B) ,` Code Description Sub tgub Descript B Units Unit Price Yr Gde Rt Cnd %Cnd pr Value No Photo On Record BUILDING SUB-AREA SUMMARYSECTION,Code Oescription LivingArea Gross Area Eff.Area Unit Cost Undeprec. Value BAS First Floor 600 600 141.75 85,050 Ttl. Grovv Livlleave Area: 6001 6001 85.0501 Table asi-xv teoatwood) Ptaeriptive Paeliagei for tlaa mall Trvo-Faml'ty Raldcatial Balldiap'Hested vriib 1;5rsaT Feels &AXfmbm MINIMUM Glaring Gfa:dng Ceiling Wall Floor Baserltent Slab 'Heatiog/Cookg Am'(%a) U-valael R-value? ' R-vsfuel R.yWues WaA paimcla EquiFraent Rmcimcy, Pam' 3e R-vahm, R-valuer 5701 to 6500 Pleating Degree Dim P 12%. 0.40 33 13 19 10 6 Nam:sl R 12%. M2 30 19 19 10. 6 Normal 0.30 33 I3 19 10 6 35JE T I5%a 036 33 13 23 NIA P1IA. Normal U 15% 0.46 33 I9 19 10 6 New }� 15% 0.44 31 13 23 NIA AUA 113 AFUE w 13% 0.52 30 19 19 10 33 AFUE IS% 032 33 • I3 23. N/A N!A mn Nos1 Y 19%. IL42 33 19 23 NIA NIA Nom�a1 2 Bala G,4Z 33. 13 19 10 6 90 AFUE AA 11% 0.30 30 19 19 TO 8 90 AFLM 1, ADDRESS OF PROPERTY: 2, SQUARE FOOTAGE OF ALL EXTERIOR WALLS: 3, SQUARE FOOTAGE OF ALL GLAZING: 4. %GLAZING AREA 03 DIVIDED BY#2); 5. SELECT PACKAGE (Q--AA-see chart above); g NOTE' OTHER MORE INVOLVED METHODS OF DE i 1G B UERGY REQUIRENIENTS ARE AVAILABLE. ASK US FOR THIS INFORMATION, BU11,DING INSPECTOR APPROVAL: YES:. N0: q_farns-fl80303a Town of Barnstable. " Regulatory Services • s '+ BAMSTABLE, .� Wum Thomas F.Geiler,Director sbgg. y Building Division Tom Perry, Building Commissioner 200 Main Street Hyannis,MA 02601 www.town,b arnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Qwiier of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application for: . (Address of Job) Signature of Owner Date Print Name Q:FORMS:O W'NERPERMISSION ` a `__- - _ ��� • � of 4t- +. ? i"�'�ih a • —'-- -_.- - tt T !� hl t .fir ,t�� i•.';N� i i r . .fir >I •`,• •:� , 1� rL:•. yy _ I _ = 1 m dej - son TlYk 181 School St . Cot. 6/ 16/06 , � `i4;��r .4 is ,•£���' � � ��.°�� 1 , r -AL 1w 181 School6/ 16/06 r JJ4 61 ^ ' jv&-- c vt 7ftig 6M 4 4 r � THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) I M / - �C&FL DA. TA FORM B-BUILDING Assessor's Number USGS Quad Area(s) Form Number 20-90 Cotuit SS-17 Massachusetts Historical Commission &r Town Barnstable i ` Place (neighborhood or vflkge). cotuit Address 183 School St. Historic Name Ellen Savery Homestead Uses: Present Residence Original Same Date of Construction 1913 Source Barnstable Deed323/224 Style/Form American Four-square Draw a map sho g the buildmg•s loran ,u relation to the nearest cross streets and/or Architect/Builder Alonzo Savery major natural features. Show all buildings between inventoried building and nearest Exterior Material: intersection or natural feature. Label streets including route numbers, if any. Circle and Foundation Brick number the inventoried building. Indicate north Wall/Trim Shingle Santuit Lewis High- Rtver Pond j landAv. Roof Composition / HS-26 0 San' it #192 #174 o Outbuildings/Secondary Structures: Large bus- o�r! CTB#2061#184 1 #166 HS-25 shed NW; garden shed south. -7 school si.. Major Alterations(with dates) : 19 90 room with 32221CTB18 Cr 17 n 16 15 1 fireplace added at back, with deck. 39 C 37 #173 PineyR I I Grove Highlands I Crocker Moved no yes Date St. Golfcourse Neck Rd. Recorded by James W. Gould Acreage .6 Organization Cotuit Historical Setting Residential area Society west of village center. Date(month/year) 24 Nov. 2001 BUILDING FORM ARCHITECTURAL DESCRIPTION see continuation sheet Describe architectural features. Evaluate the characteristics of this building in terms of other buildings within the community. The Ellen Savery Homestead is a vernacular style house of two stories, gable end to the street, and a cross gable to the east. An open porch on spindled posts extends across the front, and around the northeast corner. The exterior is cedar shingle, with white trim. The foundation is brick. There are two outbuildings: 1) a large two story bus barn converted to residence to the west, gabled and clad like the main house; 2) a small wooden garden shed to.the south. HISTORICAL NARRATIVE see continuation sheet Discuss the history of the building. Explain its associations with local(or state)history. Include uses of the building, and the role(s),the owners/occupants played within the community. The house was built in 1913 for Ellen M. (Brundrett) Savery (d. 1956), wife of Leon Goodspeed Savery (1887-1954) , son of Frederick Savery (Samatras, George, Thomas?) and Augusta Jones. The house was probably built by Leon's uncle, Alonzo, the principal builder of the time. It was placed on lot #15 of Charles L. Gifford's Guimaquisset subdivision, on the street on the same name. The 200 foot deep lot also included a piece of land at the back that brought it back to Neck Road. The two pieces had been bought from Gifford in 1901 by Henry L. Bent, who had not built on it before he sold it to Ellen Savery in 1913. Leon drove the Cotuit school bus, which he stored in the large barn. He was a veteran of World War I who died in 1954, age 67. They had no children, and on Ellen's death in 1956 her administrator sold the I house for $7,000 to teacher Mary G. Cronin of Woburn as a summer home. She rented the house for a few years before selling it in 1968 for $12,000 to the current. owner, teacher Ruthanne (Carey) Grover (b. 1930), then married to Walter Grover Jr., professor of Business Administration i at Bentley College. They raised four children: Scott (b. 1956) a lawyer, Carey (b. 1957) partner of the Cotuit builders Grover & McIlheney, Paul (b. 1958) partner of the leading Cape Cod real estate brokerage Kinlin & Grover, and Tracey (b. 1961) , house painter. In 1968 the Grovers renovated the kitchen, and in 1990 added a room-at-the-back with fireplace and outside deck for cost �of_$10"o00. r y 1981 the bus garage had beenconverted to an apartment.� i BIBLIOGRAPHY and/or REFERENCES see continuation sheet i Barnstable deeds 20/203, 32/258, 250/434, 258/251, 318/278, 323/224, 980/17, 1401/692, 2292/24, 2342/133, 8921/161, 11024/7. Interviews with owner Ruthanne Grover 25 Nov. 2001; local residents Priscilla Scudder and Francis Rennie 12 Nov. 2001. I 1918 County Road Layout sheet 2: "Mrs. Ellen Savery". Barnstable building permit#B32976. . 13 i Recommended for listing in the National Register of Historic Places. If checked,you must attach a completed National Register Criteria Statement form. •Wye - � � A MMM . ( r • s, NOW ! -1 V1Imp SW G '- MON - 1 �� Y^ -?:, �, "=rw,. � fir- 71•. �. .. At nww•nl.n wrnr•rn•r rr..NPr=wAN4 AAA r,nw•N�1A,t � \ � � � ' . - I AM CD i O .q� _ _ t Ir� i' _ Bk 20147 P s244 0559310 , 08-11--2005 & 03 :22P DEED I,Ruthann Grover, of Cotuit,Barnstable County,Massachusetts, for consideration paid,and in full consideration of Five Hundred Ninety Thousand and 00/100 ($590,000.00)Dollars grant to Susan Limoncelli, individually,whose address is 181 School Street, Cotuit, Massachusetts 02635,with QurrCLAtM COVENANTS the following described premises: A certain parcel of land,with the buildings thereon, situated in Cotuit,Barnstable County, Massachusetts,being Lot 15 School Street as shown on a Plan of land entitled"Plan of Land in j Cotuit, Barnstable, Mass., for Walter C. Grover,Jr."dated May 13, 1968 Charles N. Savery, �\ Inc.,Registered Engineers-Surveyors,which said Plan is recorded in Barnstable County Registry of Deeds in Plan Book 220,Page 65,to which Plan reference is hereby made for a more particular description. Said Lot 15 contains 26,274 square feet of land, according to said Plan. For Grantor's title see deed dated October 15, 1997 and recorded at Barnstable County Registry of Deeds,Book 11024,Page 007. (-I EXECUTED under seal this day of August,2005. J IiASSACHUSETTS STATE EXCISE TAX - D BARNSTABLE COUNTY REGISTRY OF DEEDS � Date: 08-11-2005 9 03:22pe CtIO: 1701 Doc*: 55930 RuthaAne Gro er Fee: s2:017.80 Cons: S5901000.00 (� COMMONWEALTH OF MASSACHUSETTS County of Barnstable, ss. August 2005. J V On this day of August,2005,before me,the undersigned notary public, personally appeared Ruthann Grover,proved to through satisfactory evidence of _Ij identification,which was her Driver's License to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 08-11-2005 as 03122pm Ctl:e 1701 DaCO: 55930 Fee- t1,345.20 Cons: $590r040.00 Notary P)lic mmission ex ices: Notary Fublic 'r •�?�.....,��� r, Commonwealth of Masaa Ex �e Return to: Susan Limoncelli fVly CommissionFebrua 181 School Street Cotuit MA 02635 t> � BARNSTABLE REGISTRY OF DEEDS why. 5 f5 ' r � 1 J �I VO 40 'NDB r September 30, 2005 g �_ Thomas Geiler; Director of Regulatory Services - Tom Perry, Building Commissioner - :�:t Building Department Town of Barnstable ' , 200 Main Street Hyannis, MA 02601 C) t�= Re: 181 School Street, Cotuit; MA 02635 r•; Dear Mr. Geiler and Mr. Perry: I represent Susan Limoncelli. On August 11, 2005 Ms. Limoncelli purchased a home at 181 School Street, Cotuit. Less than three weeks later, she received a letter from Ms. Linda Edson informing her that the home she had just purchased was in violation of Town zoning laws. A copy of Ms. Edson's August 29 letter is attached for your convenience. Ms. Limoncelli asked me, shortly after her receipt of Linda Edson's letter to advise her concerning her obligations to the Town of Barnstable, as well as her rights regarding the alleged zoning violation she has unknowingly inherited with the purchase of her home in Cotuit. Ms. Limoncelli purchased the home with the understanding that it included a legitimate separate income-generating cottage. If, as Ms. Edson contends, Ms. Limoncelli is required either to convert that building to a barn or garage or to apply to your Amnesty Program, then she has purchased a property that is worth substantially less than she paid. Although we are still reviewing this matter so that Ms. Limoncelli can make a fully- informed decision about how to proceed, Ms. Edson's recent conduct has created an emergency situation that needs to be resolved immediately. Without authority to do so, and in apparent contravention of the Town's by-laws and the State Building Code,Ms. Edson caused the Town's building inspector to order a contractor who was performing ordinary and necessary repairs on the property to cease all work. This has left the property exposed to the elements and in a state of disrepair. Inexplicably, Ms. Edson took this action the same day that she had sent a letter giving Ms. Limoncelli until October 7, 2005 to make arrangements to bring her property into compliance. Ms. Edson contends in her August 29 letter that the property is not in compliance because it is "currently being used as a multi-family home." Although Ms. Edson's statement about the current use of the property is factually incorrect,we understand that the alleged violation is based upon features of a separate building on Ms. Limoncelli's property that www.burgesslaw.com David Burgess &Associates 37 Main Street Concord MA 01742-2529 t 978 371 1900 f 978 371 1 144 Thomas Geiler,Director of Regulatory Services Tom Perry, Building Commissioner 9/30/2005 Page 2 have in the past enabled it to be used as a separate residence. The previous owner rented that building to a tenant without interference from the Town for many years. Ms. Edson has told Ms. Limoncelli that she knew that the separate building was being used as a residence before she was hired to her present position and that she continued to be aware of it throughout her tenure. The tenant moved out just before Ms. Limoncelli purchased the property. Now, as soon as the ownership of the property changed, it suddenly has become a priority to bring the property into compliance. Such selective enforcement is unfair and, as detailed below, has harmed, and is harming Ms. Limoncelli financially. Ms. Edson's effort to force Ms. Limoncelli into immediate action is an abuse of her power and borders on extortion. This conduct seems particularly arbitrary and capricious in light of: 1. Ms. Edson's tolerance of the property's alleged non-compliance while it was owned by a person who was her friend and whose son was her friend and business acquaintance; and 2. the Town's tolerance of this condition for almost 24 years (see the enclosed copy of a November 6, 1981 letter from the town to Mrs. Grover that Ms. Edson recently gave Ms. Limoncelli). Ms. Edson's conduct, and subsequently that of Building Inspector Jeffrey Lauzon, has caused financial harm to Ms. Limoncelli, and will involve considerable additional harm if she is unable to secure her home against the elements. Had Ms. Edson acted as her position requires; Ms. Limoncelli would have purchased with notice of the restriction on the cottage. She would have known that she would not be free to rent to whomever she wanted, and she would have paid substantially less for the property or perhaps not purchased the property at all. Instead,Ms. Edson waited until her friend had sold the property, and then promptly sent a notice of violation to Ms. Limoncelli. Further, in response to Ms. Limoncelli's request for reasonable time to investigate her options, Ms. Edson has taken action to pressure Ms. Limoncelli, as if this were suddenly a matter of the utmost urgency. On September 26, 2005, after Ms. Limoncelli's contractor had begun making necessary repairs of the kind that do not require a permit(see 780 CMR§§101.3, 202.0), she received a visit from Mr. Lauzon, the Town's building inspector. He first said that his visit was a random inspection,but then admitted that he had come after discussing the property with Ms. Edson. (The use by Ms. Edson and Mr. Lauzon of Town departments to coerce people into submission is an abuse of their positions.) The inspector posted a www.burgesslaw.com David Burgess Et Associates 37 Main Street Concord MA 01742-2529 t .978 371 1900 f 978 371 1144 Thomas Geiler, Director of Regulatory Services Tom Perry, Building Commissioner 9/30/2005 Page 3 notice prohibiting further work on the property and prohibiting occupancy, on the ground that no permit had been obtained. As a result, in some places the only thing protecting the property from the elements is tar paper. Additionally, a new roof is necessary to protect the property from rain and snow damage. The order prevents Ms. Limoncelli from doing anything to.protect her property, even though such repairs do not require a permit. (Her contractor told her that this was the first time ever that such a demand had been made of him for this type of repair work.) Finally, in case you have the impression that Ms. Limoncelli has somehow been uncooperative in this matter, I believe the following chronology demonstrates otherwise: • Ms. Limoncelli acquired the property on August 11, 2005. • On August 29, 2005, Ms. Edson informed her in writing that the property was in violation of current zoning. • On September 1,2005,Ms. Limoncelli and her partner, Bert Russo, called Ms. Edson to find out what the problem was. Ms. Edson told them that they had purchased a property with an illegal rental unit. She then acknowledged that she was friendly with Mrs. Grover(the previous owner) and her son, Paul Grover, acknowledged having known that the property was in violation before she took the job, and mentioned that the Town had sent a letter to Mrs. Grover 24 years before about the same violation. She then told Ms. Limoncelli and Mr. Russo about the Amnesty Program. • On September 2, 2005, when Bert Russo went to the Town Offices and requested additional information, Ms. Edson handed him a copy of the notice the Town had sent the previous owner in 1981 (a copy of that letter is enclosed with this letter). • On September 6, 2005, Ms. Limoncelli got a call from Beth Dillen, Project Coordinator for the Amnesty Program. Ms. Dillen said that Ms. Edson had told her that Ms. Limoncelli was going to be participating in the program, and was calling to schedule an appointment with the building inspector and to deliver the program application. At Ms. Limoncelli's request, Ms. Dillen sent her an information package about the program. The package arrived in the mail on September 12, 2005. • On September 19,2005, Ms. Dillen called and asked Ms. Limoncelli what she had decided to do about the Amnesty Program. .Ms. Limoncelli responded that she had not yet decided and was still in the process of gathering information in order to be able to make an informed decision. Ms. Limoncelli pointed out to Ms. Dillen that in light of the Town's 24 years of inaction on this zoning violation, she WwW.burgesslaW.com David Burgess &Associates 37 Main Street Concord MA 01742-2529 t 978 371 1900 f 978 371 1144 Thomas Geiler,Director of Regulatory Services Tom Perry, Building Commissioner - 9/30/2005 Page 4 felt the Town had an obligation to give her adequate time to research the issue without rushing her into a decision when she had only owned the property for one month. • Apparently that response was not acceptable. The stop work order followed immediately thereafter. With this letter, I enclose a copy of a public records request Ms. Limoncelli has sent to the Town. Although we are unlikely to achieve a long-term resolution of this matter until we have had a chance to review the requested documents, we demand that the restriction on repairs be lifted immediately. The current work being done did not require a permit, and the inspector had no right to order the work to be stopped. The Town's rights would not be prejudiced by allowing these repairs to proceed, and its potential liability for future damage to the property would be reduced if the contractor could complete the repairs. If the stop work order is not lifted, Ms. Limoncelli intends to initiate legal action seeking emergency injunctive relief and an award of damages against the Town and those individuals involved in this selectively coercive action. Please get back to me, or have Town counsel get back to me,without delay. Sincerely,. David Burgess cc: John Klimm, Town Manager' Linda Edson, Amnesty Zoning Enforcement Officer Jeffrey Lauzon,Building Inspector Ms. Susan Limoncelli ' David es www.burgesslaw.com a d Burgess &Associates 37 Main Street Concord MA 01742-2529 t 978 371 1900 f 978 371 1 144 L— RLBERT J. R 508-428-6528 P. 2 °f1HE►°,, Town of Barnstable Regulatory Services p � ?AA-QA � O p� . �, Thomas F.Gcilcr,Director 16}9. �e Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 August 29, 2005 Ms. Susan Limoncelli 181 School Street Cotuit,Ma. 02635 Re: Illegal Apartment—181 School Street Cotuit,Ma. 02635 Map 020 Parcel 090 Dear Property Owner: Our records indicate that your house at the above-referenced location is currently being used as a multi-family home,which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor,conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home __ • Apply to the Amnesty Program • Prove that this is a legal two-family home. Please contact this office immediately to tell us what direction you wish to take. kncer � Li dson Amnesty Program Zoning Officer Building Department grornivzoning3 FILBERT J. R 508-428-6528 P. JOSEP" D. DALUZ Hui/dint Camaiuionti - - TELEPHONE. 776.1120 EXT. 107 TOWN OF BARNSTABLE . BUILDING INSPECTOR COPY TOWN OFFfCE BUILDINGHYANNIS. MASS. 02601 November 6, 1981 Mra.,,Ruth Grover : �SC�:nooL�:s�e Dear Nlrs.. Grover: Recently Mr. John McShane appeared at this :office re the legality of the installation of a utility sunk and heating a garage for occasional use as a workshop. For that use permission was granted'provided'he obtained the proper permits. On November 4th, Alfred Martin, Assistant Building Inspector and John Newton, Wire Inspector made an inspection and what a surprise. Mr. Newton not only found a water heater installed without a permit but a dwelling unit wired. They-discovered this garage had a.stove, kitchen sink, refrigerator; bed; perhaps better described as an apartment unit. Perhaps you were not aware of our zoning by—law which addresses such violations whereby the "Building Inspector may, where the situation requires., .cause a criminal complaint to issue from the First District Court at Barris table.or. may institute proceedings in Superior .Court to enjoin. the-construction...... or use of any building,or the use of any premises in violation hereof....". So, Mrs. Grover, it appears you have some very serious.problems. Therefore I shall expect to.see you in my office within seven (7).days of receipt of this letter with a method for correcting this violation.' At that time a: determination for compliance may be issued. Peace, Joseph D. Daluz Building Coamissioner JDD/gr. cc: Town Counsel Board of Appeals Certified mail 358 281 423 R.R.R.. September 30,2005 • p OPY Linda E. Hutchenrider Town Clerk, Town of Barnstable Town Hall 367 Main Street Hyannis, MA 02601 Re: Public Records Request Dear Sir or Madam; I am writing pursuant to Massachusetts General Laws chapter 66, section 10,to request an opportunity to inspect and examine, and for copies of certain public records. I agree to pay reasonable kearch and duplication fees for the processing of this request in an amount not to exceed $250. In the event that the fees for fulfilling my request are expected to exceed$250, I request that you inform me of the total charges in advance. . A list of the documents requested is attached to this letter. Thank you for your cooperation. I look forward to receiving your response within 10 business days, as that statute requires. Sincerely, Susan Limoncelli SUSAN LIMONCELLI—PUBLIC RECORDS REQUEST LIST OF PUBLIC RECORDS REQUESTED Definitions The following definitions apply to this request: 1. "Public records"shall mean public records as that term is defined in Massachusetts General Laws chapter 4, section 7. 2. "Limoncelli" shall mean Susan Limoncelli and/or any agent or other person acting for or on her behalf. 3. "Ruthanne Grover". shall mean Ruthanne Grover and/or any agent or other person acting for or on her behalf. 4. "Paul Grover" shall mean Paul Grover and/or any agent or other person acting for or on his behalf. 5. The"Property" shall mean the real estate located at 181 School Street, Cotuit, Massachusetts 02635. 6. The"Amnesty Program" shall mean the program referred to in an August 29, 2005 letter to Limoncelli from Linda Edson,a copy of which is attached at tab A. 7. The"Town"shall mean the Town of Barnstable and/or any department or subdivision thereof, along with any officer, employee, agent or other person'acting for or on its behalf. 8. "Concern"or"concerning"means referring to,describing, evidencing, or. constituting. 9. "Communication"means the transmittal of information in the form of facts, ideas, inquiries, or otherwise. Requests 1. All public records that define or explain the Amnesty Program. 2. All public records that concern communications between the Town and Ruthanne Grover and/or Paul Grover concerning the Property and/or the Property's compliance or noncompliance with any zoning by-law or by-laws. 3. All public records that concern the Property's compliance or noncompliance with any zoning by-law or by-laws. 4. All public records that concern communications between the Town and any owner of the Property and/or with any person acting for or on behalf of any such owner. 5. All public records that concern any policies and/or procedures for identifying residential properties not in compliance with zoning by-laws of the Town. 6. All public records that concern a November 6; 1981 letter from the Town to Ruthanne Grover, a copy of which is attached under tab B, including but not limited to any oral or written response by Ms. Grover and/or any follow-up communications by the Town. 7. All public records that concern the sale of the Property. 8. All public records that concern any inspection of the Property or of any part of the Property by or on behalf of the Town. 9. All public records concerning communications between the Town and Paul Grover concerning Ruthanne Grover, the Property, or the Town's zoning by-laws. 10. All public records that concern the August 29, 2005 letter to Limoncelli from Linda Edson,a copy of which is attached at tab A, including but not limited to the records referred to in the first sentence of that letter. 2 a 11. All public records that define or explain the procedures followed by Town employees once a residential property has been identified as being not in compliance with the Town's zoning by-laws. 12. All public records that define or explain the procedures followed by Town employees after a residential property owner fails or refuses to bring his or her property into compliance with the Town's zoning by-laws after having been notified of a violation. 13. All public records that identify or list residential properties that the Town considers or has considered to be out of compliance with the Town's zoning by-laws concerning Single-family or multi-family use: 14. All public records that identify or list residential properties whose owners are participating in the Amnesty Program. 15. All public records that concern the process of obtaining variances to zoning requirements and/or variances/special permits granted based on the Town's failure to enforce its by-laws or on any"grandfathered"use. 16. All public records that identify those properties whose owners have been notified of non-compliance with zoning laws concerning single-family or multi-family use since the inception of the Amnesty Program. 171. All public records that identify properties whose owners have been notified of zoning violations concerning single-family or multi-family use before the inception of the Amnesty Program. 3 . �r September 30,2005 COPY Linda E. Hutchenrider Town Clerk, Town of Barnstable Town Hall 367 Main Street Hyannis, MA 02601 Re: Public Records Request Dear Sir or Madam: I am writing pursuant to Massachusetts General saws chapter 66, section 10,to request an opportunity to inspect and examine, and for copies of certain public records. I agree to pay reasonable search and duplication fees for the processing of this request in an amount not to exceed$250. In the event that the fees for fulfilling my request are expected to exceed$250, I request that you inform me of the total charges in advance. A list of the documents requested is attached to this letter. Thank you for your cooperation. I look forward to receiving your response within 10 business days, as that statute requires. Sincerely, Susan LimoncelIi �R SUSAN LIMONCELLI-PUBLIC RECORDS REQUEST LIST OF PUBLIC RECORDS REQUESTED Definitions The following definitions apply to this request: 1. "Public records" shall mean public records as that term is defined in Massachusetts General Laws chapter 4, section 7. 2. "Limoncelli" shall mean Susan Limoncelli and/or any agent or other person acting for or on her behalf. 3. "Ruthanne Grover"shall mean Ruthanne Grover and/or any agent or other person acting for or on her behalf. 4. "Paul Grover"shall mean Paul Grover and/or any agent or other person acting for or on his behalf. 5. The"PropertX" shall mean the real estate located at 181 School Street, Cotuit, Massachusetts 02635. 6. The "Amnesty Program" shall mean the program referred to in an August 29, 2005 letter to Limoncelli from Linda Edson, a copy of which is attached at tab A. 7. The "Town" shall mean the Town of Barnstable and/or any department or subdivision thereof, along with any officer, employee, agent or other person actinb for or on its behalf. 8. "Concern"or"concerniu"Means referring to, describing, evidencing,or constituting. 9. "Communication"means the transmittal of information in the form of facts, ideas, inquiries, or otherwise. Requests 1. All public records that define or explain the Amnesty Program. 2. All public records that concern communications between the Town and Ruthanne Grover and/or Paul Grover concerning the Property and/or the Property's compliance or noncompliance with any zoning by-law or by-laws. I All public records that concern the Property's compliance or noncompliance with any zoning by-law or by-laws. 4. All public records that concern communications between the Town and any owner:of the Property and/or with any person acting for or on behalf of any such owner. 5. All public records that concern any policies and/or procedures for identifying residential properties not in compliance with zoning by-laws of the Town. 6. All public records that concern a November 6, 1981 letter from the Town to Ruthanne Grover, a copy of which is attached under tab B,including but not limited to any oral or written response by Ms. Grover and/or any follow-up communications by the Town. 7. All public records that concern the sale of the Property. 8. All public records that concern any inspection of the Property or of any part of the Property by or on behalf of the Town. 9. All public records concerning communications between the Town and Paul Grover concerning Ruthanne.Grover, the Property, or the Town's zoning by-laws. 10. All public records that concern the August 29, 2005 letter to Limoncelli from Linda Edson, a copy of which is attached at tab A, including but not limited to the records referred to in the first sentence of that letter. 2 11. All public records that define or explain the procedures followed by Town. employees once a residential property has been identified as being not in compliance with the Town's zoning by-laws: 12. All public records that define or explain the procedures followed by Town employees after a residential property owner fails or refuses to bring his or her property into compliance with the Town's zoning by-laws'after having been notified of a violation. 13. All public records that identify or list residentiai properties that the Town, considers or has considered to be out of compliance with the Town's zoning by-laws concerning single-family or multi-family use. 14. All public records that identify or list residential properties whose owners are participating in the Amnesty Program. 15. All public records that concern the process of obtaining variances to zoning requirements and/or variances/special permits granted based on the Town's failure to enforce its by-laws or on any"grandfathered"use. 16. All public records that identify those properties whose owners have been notified of non-compliance with zoning laws concerning single-family or multi-family use.since the inception of the Amnesty Program. 17. All public records that identify properties whose owners have been . notified of zoning violations concerning single-family or multi-family use before the inception of the Amnesty Program. 3 T Barnstable Assessing Search Results Page 1 of 2 z Home: Departments:Assessors Division:Property Assessment Search Results 181 SCHOOL STREET Owner: GROVER, RUTHANNE Property Sketch Legend This property contains multiple Please use the navigation below the sketch to brc Map/Parcel/Parcel Extension 020 /090/ Mailing Address GROVER, RUTHANNE P O BOX 262 COTUIT, MA.02635 2005 Assessed Values: Appraised Value Assessed Value Building Value: $ 160,800 $ 160,800 Additional Sketches 1 2 Extra Features: $4,600 $4,600 Click Here for print version that displays all ske Outbuildings: $ 1,000 $ 1,000 Land Value: $ 151,600 $ 151,600 Interactive Property Map: Ma ,re,wires Piu in: Totals:$318,000 $318,000 1 have visited the maps before Show Me The Map April 2001 photos available Sales History: Owner: Sale Date Book/Page: Sale Price: GROVER, RUTHANNE 10/24/1997 11024/007 $0 GROVER,RUTHANNE&PAUL E 12/15/1993 8921/161 $ 100 GROVER, RUTHANNE 2342/133 $0 2005 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Land Bank Tax $57.72 Town Fire District Rates Other I $6.05 Barnstable-Residential $2.12 Land B. Barnstable-Commercial $2.80 Cotuit FD Tax(Residential) $407.04 C.O.M.M.-All Classes $1.01 http://www.town.barnstable.ma.us/tob02/Depts/AdministrativeS ervices/Finance/Assessing... 8/29/2005 Barnstable Assessing Search Results Page 2 of 2 Cotuit FD-All Classes $1.28 Town Tax(Residential) $ 1,923.90 Hyannis-Residential $1.52 Hyannis-Commercial $2.39 W Barnstable-Residential $1.44 W Barnstable-Commercial $2.10 Total: $2,388.66 . Due to rounding differences these values may vary Land and Building Information Land Building Lot Size(Acres) 0.6 Year Built 1910 Appraised Value $ 151,600 Living Area 1563 Assessed Value $ 151,600 Replacement Cost$ 128,284 Depreciation 25 Building Value 160,800 Construction Details Style Conventional Interior.Floors Hardwood Model Residential Interior Walls Plastered Grade Below Average Heat Fuel Gas Stories 1 1/2 Stories Heat Type Hot Air - Exterior Walls Wood Shingle AC Type None Roof Structure Gable/Hip Bedrooms 4 Bedrooms Roof Cover Asph/F GIs/Cmp Bathrooms 1 1/2 Bathrms Total Rooms 9 Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL2 Fireplace 1 $2,300 $2,300 SHED Shed 140 $ 1,000 $ 1,000 FPL1 Fireplace 1 $2,300 $2,300 Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing... 8/29/2005 10. On or about December 9, 2005, the Building Division issued a building permit to re- roof the main house and the accessory structure at the premises located at 181 School Street, Cotuit, Massachusetts. . (Building Permi C#88945 ibit D, Building Permit #88946, xhibit E).. 11. The Building Division issued said permits in response to the letter it received on October 3, 2005 from Attorney David Burgess and after communication with Albert Russo. 12. On or about June 16, 2006, Town of Barnstable Building Inspector, Robert McKechnie, discovered that a deck was being replaced at the.property located at 181 School Street, Cotuit, MA without the benefit of a building permit. 13. On or about June 20, 2006, a building permit with a permit number of 2006-1337was issued for the Property for a deck replacement. (Building Permi #2 - , xhibit H). 14. On or about July 17, 2006, a building permit was issued for the Property for a repair of a front porch. (Building Permi #2006-1753, Exhibit 1). 15. On or about June 19, 2007, a building permit was issued for the Property for a repair of a front porch and screens. (Building Perm #2007-01506, Exhibit J). 16. 1 have never discussed the 181 School Street property owned by Susan Limoncelli with the Barnstable Town Manager, John Klimm. Nor did I forward David Burgess,, September 30, 2005 letter to the Town Manager. Signed under the pains and penalties of perjury this 1st day of March 2010. Thoms Perry, Building Commissioner 200 Main Street Hyannis, MA 02601 3 Parcel Detail ' Page 1 of 4 4s « $ sit 11, Logged In As: Parcel Detail Monday, March 1 2010 Parcel Lookuo Parcel Info Parcel ID-020-690 Developer`LOT 15 Lot` Location 181 SCHOOL STREET 1 Pri Frontage100 ._...__._.__..w__,._.._._.__._.._._......._.._...,.v,.___ �.�,.) Sec Sec Road' Frontage Village COTUIT Fire District ICOTUIT Sewer Acct Road Index,1433 Asbuilt Septic Scan: Interactive 020090_1 Map • Owner Info Owner UIVIONCELLI, SUSAN - � Co-Owner Streeti`181 SCHOOL ST Street2 City.COTUIT State:MA zip' E35 Country;_ Land Info Acres 0.60 use Multi Hses MDL-01 zoning RF Nghbd;0108 Topography Above Street Road Paved Utilities!Public Water,Gas,Septic Location 1 Construction Info Building 1 of 2 Year 1910 - �' Roof.Gable/Hip Ext,Wood Shingle Built Struct Wall Area Cover Type Effect. __. Roof ,_,..., AC 1554 Asph/F GIs/Cmp 1 ;None �. Style Conventional Wall nt Plastered 1 Rooms Bed 4 Bedrooms "I Model Residential Floor` R oms;1 Full+ 1 H Grade Average Pius Heat'Hot Water���" Total Rooms �_ a g Type ' Rooms � Heat Found Stories 1 1/2 Stories ( Fuel Gas ation Brick Walls Building 2 of 2 Year<- Roof ... Ext; Built i 1965 Struct Gable/Hip ) Wall Wood Shingle http;//rssgl2/intranet/propdata/ParcelDetail.aspx.ID=917 3/1/2010 Parcel Detail Page 2 of 4 Effect 600 -w.._. I Roof Asph/F GIs/Cmp I AC 1None Area Cover Type Style,Cottage I wall',Drywall I Rooms Bed 1 Bedroom model•Residential I Floor I Rooms 1 Full I ° Heat( Total f Grade!Average Plus Type Rooms I Hot Air I 13 Rooms I � " Heat _ ..- _.. Found-r .Slab _..,.._.._.- St ories 1 Story I Fuel Gas I ation Con c. I Permit History Issue Date Purpose Permit# Amount Insp Date Comments 10/8/2009 Out Building 200904842 . $0 8 X 10 SHED 11/26/2008 Repair Work 200806469 $200 1/1/2009 12:00:00 DRP CEIL PMT AM EXPIRED 3/15/2007 Repair Work 200701506 $2,500 PMT EXPIRED 7/10/2006 Repair Work 20061753 $2,500 PMT EXPIRED 6/20/2006 Repair Work 20061337 $5,000 4A/M/2007 12:00:00 WDK-PMT EXPIRED 12/9/2005 New Roof 88945 $9,400 STRIP/REROOF 12/8/2005 New Roof 88946 $3,500 /6 2006 12:00:00 ACCESSRY BLDG AM 10/21/2005 Repair Work 87796 $5,000 FRNT ACCESSRY BLDG 6/1/1989 B32976 $10;000 A 15/1990 12:00:00 CO ADD'N Visit History Date Who Purpose 1/30/2009 12:00:00 AM John Greene Bldg Permit Completed 1/10/2008 12:00:00 AM John Greene In Office Review 4/2/2007 12:00:00 AM Martin Flynn Bldg Permit Completed 3/31/2006 12:00:00 AM Paul Talbot Drive by inspection only 1/1/2006 12:00:00 AM Martin Flynn Bldg Permit Completed 10/18/2005 12:00:00 AM Gary Brennan Meas/Est 3/30/2005 12:00:00 AM Paul Talbot Drive by inspection only 9/5/2002 12:00:00 AM Paul Talbot Meas/Listed-Interior Access 5/27/1999 12:00:00 AM Frederick Stepanis Meas/Listed-Interior Access 2/15/1990 12:00:00 AM ME Sales History Line Sale Date Owner Book/Page Sale Price 1 8/11/2005 LIMONCELLI, SUSAN 20147/244 $590,000 2 10/24/1997 GROVER, RUTHANNE 11024/007 $0 3 12/15/1993 GROVER, RUTHANNE& PAUL E 8921/161 $100 4 GROVER, RUTHANNE 2342/133 $0 Assessment History httpJ/issgl2/intranet/propdata/ParcelDetail,aspx?ID=917 3/1/2010 Parcel Detail Page 3 of 4 Save# Year Building Value XF Value OB Value Land Value Total Parcel Value 1 2010 $219,500 $6,300 $2,000 $220,600 $448,400 2 2009 $240,200 $4,800 $900 $212,500 $458,400 3 2008 $222,400 $4,800 $900 $237,300 $465,400 5 2007 $241,700 $4,800 $900 $237,300 $484,700 6 2006 $173,600 $4,800 $1,000 $227,400 $406,800 7 2005 $160,800 $4,600 $1,000 $151,600 $318,000 8 2004 $139,000 $4,800 $1,000 $151,600 $296,400 9 2003 $111,200 $4,800 $1,000 $79,200 $196,200 10 2002 $111,200 $4,800 $1,000 $79,200 $196,200 11 2001 $111,200 $5,000 $1,000 $79,200 $196,400 12 2000 $101,700 $4,400 $500 $47,900 $154,500 13 1999 $99,800 $4,700 $0 $48,000 $152,500 14 1998 $99,800 $4,700 $0 $48,000 $152,500 15 1997 $101,400 $0 $0 $47,900 $149,300 16 1996 $101,400 $0 $0 $47,900 $149,300 17 1995 $101,400 $0 $0 $47,900 $149,300 18 1994 $102,800 $0 $0 $53,900 $156,700 19 1993 $102,800 $0 $0 $53,900 $156,700 20 1992 $117,000 $0 $0 $59,900 $176,900 21 1991 $129,600 $0 $0 $63,800 $193,400 22 1990 $118,900 $0 $0 $63,800 $182,700 23 1989 $118,900 $0 $0 $63,800 $182,700 24 1988 $73,100 $0 $0 $40,600 $124,300 25 1987 $73,100 $0 $0 $40,600 $124,300 26 11986 1 $73,100 $0 $0 $40,600 1 $124,300 Photos r r f 11111 x http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=917 3/1/2010 x x w m.r 04107J2007 A'.=. � `. �'�l uW�� {'•�s"i6�� r �''�,i 9 .-"° q�yt�,,. Fs �,�� �<�` 4tfit " r k Ax ��°Yla ��a-�,s "" �,..k;�n�Pe*+!a^*"'', x Y`7,Fs��4� �.� ��a.`?r` "" �,q��t`� �w»�'�Y�:��a^a""y. ` � �• till• N'' kr �+1"1'n�' {41 � wp�"�,� ���, � �': t J. t s oz�° r9n ®SENDER: Complete items 1,2,and 3. r Add your address in the"RETURN TO"space on 0 � reverse. aWo 1. The following service is requested(check one.) ❑ Show to whom and date delivered............—4 ❑ Show to whom,date and address of delivery....-4 ❑ RESTRICTED DELIVERY Show to whom and date delivered............_Q ❑ RESTRICTED DELIVERY. Show to whom,date,and address of delivery.$_ (CONSULT POSTMASTER FOR FEES) 2. ARTICLE ADDRESSED TO: Mrs. Ruth Grover 9 181 School Street m cotuit MA 02635 n 3. ARTICLE DESCRIPTION: m 'REGISTERED NO. CERTIFIED NO. INSURED NO. i m (Always obtain signature of addressee or agent) N m I have received the article described above. m SIGNATURE CAddressee ❑Authorized agent G z 1"N 4. mDATE OF DELIVERY pOSTMAR,K'� A JARI 2 .A SS Complete on y if requested) m T in 6. UNABLE TO DELIVER BECAtISE: —CLERK:6 O �"INI�ALS (GPO:1979.288.848 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS PENALTY FOR PRIVATE' SENDER INSTRUCTIONS USE TO AV016 PAYMENT Print your name,address,and ZIP Code in the.space below. OF POSTAGE.$300 U.S.MAIL • _ Complete items 1,2,and 3 on the reverse. ® • Attach to front of article if space permits, f otherwise affix to back of article. i • ` Endorse article"Return Receipt Requested" adjacent to number. RETURN TO Mr. Joseph DaLuz, Building Commissioner (N of Sender) Town of Barnstable 36Z Main Street (Street or P.O.Box) �( I Hyannis, MA 02601 (City,State,and Z[P Code) Message Page 1 of 2 Perry, Tom To: Michael Princi Subject: RE: Limoncelli Michael,l have reviewed the materials that you have submitted concerning 181 School St.Cotuit.While we are in agreement that this cottage has existed for some time,I still fail to see where this was ever been properly permitted by this department.In order for this to have the protection afforded by Chapt.40a section 7 it would had to have the benifit of a building permit.This did not occur.There was evidently a building permit issued to add a sink and some heat for a garage that was evidently going to be used as an occasional workshop.The work that was permitted under that permit was started but it appears that there was a deviation from the permit that was granted,living space was added in violation of the granted permit,and hence the November 6,1981 letter to correct the violation was issued by Joe DaLuz the Building Commissioner at that time. Also the subsequent permit to add a family room,that was issued in June of 1989 would not afford the protection of 40a section 7 to the cottage because this is and has always been a seperate structure.Section 7 of 40a deals with the sperate structures and uses on a parcei,so if a permit is applied for to a structure on a parcel and that proposal meets the Ordinance as far as use and bulk requirements then the permit may issue.If a permit was applied for on the cottage structure,after the use violation was identified,the permit should not be issued because the use of that structure is and was in violation of Zoning. This is the reason why I have subsequently issued a permit to fix the front porch on the main house(the same structure that had the family room added to in 1989) but refuse to issue permits for the cottage structure. So to clarify Michael,the permit application for the cottage to "complete construction renovation of stairs in cottage"is denied based on the fact that,in this oftice's opinion,the cottage is not a legaly pre-existing non- conforming use and therefore doesnot have the protection afforded by Chapter 40a section 7. -----Original Message----- From:Michael Princi[mailto.mprinci@a wynnandwynn,com] -,ant:Monday,Jui), .301=2007 9 ,, AM. To:Perry, Tom Cc;Susan Limoncelli Subject.,Re;Limoncelli Tom, This email will confirm that you will finish your review of Susan Limoncelli's request for a building permit to refurbish the cottage. Ms. Limoncelli and her predecessor for the past 17 years have been assessed and paying taxes for a multi-family property. The change in assessing took.place after the issuance of the last building permit in 1989. Unfortunately, your office does not the have files on the property from 1981 and 1989, which would likely show a full inspection of the property in 1989 and the recognition by the building department of a multi-family property with the issuance of an occupancy permit after construction of the addition. The application was sent at the end of May and we have spoken several times since. I am hopeful that you sill issues the permit and put this matter to rest. As for the criminal complaint, the clerk was kind enough to remove it from the docket and place in suspense waiting for us to give him a date for the magistrates hearing. If you issues the building permit the matter is moot. Thank you for your careful consideration of this matter. I look forward to your response forthwith. 8/3/2007 Message Page 2 of 2 Michael This e-mail message is confidential and is intended only for the named recipient(s). It may contain information that is subject to the attorney client privilege or the attorney work-product doctrine or that is otherwise exempt from disclosure under applicable law. If you have received this e-mail message in error, or are not the named recipient(s), please immediately notify the sender and delete this message from your computer and destroy all copies. To comply with IRS regulations, we advise that any discussion of Federal tax issues in this e-mail is not intended or written to be used, and cannot be used, (i) to avoid any penalties imposed under the Internal Revenue Code or(ii) to promote, market or recommend to another party any transaction or matter addressed herein.Thank you. Michael J. Princi 300 Barnstable road Hyannis, Massachusetts 508-775-3665-3665 8/3/2007 i i 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS ADMINISTRATION which are subject to construction control pursuant to 110.13 Amendments to application:Subject to the 780 CMR 116.0,shall be accompanied by a building limitations of 780 CMR 110.14,amendments to a survey where required by 780 CMR 34 and plan,application or other records accompanying the Appendix F. same shall be filed prior to the commencement of the work for which the amendment to the permit is 110.10 Site plan:A site plan shall be filed showing; sought or issued. Such amendments shall be deemed to scale,the size and location of all new construction part of the original application and shall be and all existing structures on the site,distances from submitted in accordance with 780 CMR 110.0. lot lines, the established street grades and the proposed finished grades; and it shall be drawn in 110.14 Time limitation of application: An accordance with an accurate boundary line survey. -application for a permit for any proposed work shall In the case of demolition,the site plan shall show all be deemed to have been abandoned six months after construction to be demolished and the location and the date of filing,unless such application has been size of all existing structures and construction that diligently prosecuted or a permit shall have been are to remain on the site or plot. issued;except that the building official shall grant one or more extensions of time for additional periods 110.11 Independent Structural Engineering not exceeding 90 days each if there is reasonable Review: cause and upon written request by the owner. 110.11.1 As a condition for the issuance of a 780 111.0 PII2MTfS building permit, the structural design of the following described structures shall be reviewed 111.1 Action on application:The building official by an independent structural engineer to verify shall examine or cause to be examined all applica- that the design of the primary structure is tions for permits and amendments thereto within 30 conceptually correct and that there are no major days after filing thereof. If the application or the errors in the design: construction documents do not conform to the 1. Buildings which ate five stories or more in requirements of 780 CMR and all pertinent laws height above the lowest floor,including stories under the building official's jurisdiction,the building below,,grade. official shall reject such application in writing, 2. Buildings which enclose a total volume of stating the reasons therefor. If the building official 400,000 cubic feet, including stories below is satisfied that the proposed work conforms to the grade. The volume shall be measured using requirements of 780 CMR and all laws and 'the outside dimensions of the building. ordinances applicable thereto, the building official 3. Structures in Use Group A,or structures shall issue a permit therefor. which are partially in Use Group A,which will be used for public assembly of 300 or more t 111.2 Zoning:In accordance with the provisions of persons. M.G.L.c. 40A or St. 1956,c. 665 as amended,no 4. Structures of unusual complexity or design Permit for the construction,alteration,change of use shall be determined by the BBRS. A building or moving of any building or structure shall be official may apply to the BBRS for such a issued if such building or structure or use would be determination on a specific structure. in violation of any zoning ordinance or by-law. Exemption:Temporary structures erected fora 111.3 Railroad ri ht-of-wa No period of one year or less. g y: permit to build a structure of any kind on land formerly used as a 110.11.2 Requirements for the review: The railroad right-of-way or any property appurtenant independent structural engineering review shall be- thereto formerly used by any railroad company in the- in accordance with the requirements of state shall be issued without first obtaining, after Appendix 1. public hearing,the'consent in writing to the issuance 110.11.3 Disputes between the structural of such permit from the Secretary of the Executive engineer responsible for the design of the building Office of Transportation and Construction, all in or structure and the structural engineering peer accordance with M.G.L.c.40,§54A. shall be resolved by the structural peer review 111.4 Water Supply: No permit shall be issued for advisory committee in accordance with 780 CMR 125.0. the construction of a building or structure which would necessitate the use of water therein,unless a 110.12 Structures subject to control: In .those supply of water is available therefor,either from a structures subject to control as required in 780 CMR water system operated by a city,town or district,or 116.0,affidavits must be submitted with the permit from a well located on the land where the building or application that the individuals and testing laborato- structure is to be constructed, or from a water ries responsible for carrying out the duties specified corporation or company, as required by M.G.L. in 780 CMR 116.0 have been licensed by the BBRS. c.40,§54. 11/27/98. 780 CMR-Sixth Edition 21 pP1NE roy, Town of Barnstable Regulatory Services * BARNSTABLE, MASS. Thomas F.Geiler,Director_ 039. Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 April 27, 2007 Mr. Albert Russo Ms. Susan Limoncelli 181 School Street Cotuit, MA 02635 RE: 181 School Street, Cotuit Map: 020 Parcel: 090 Application: 200701506 Dear Mr. Russo, This letter is in response to your application for a building permit to repair the front porch and add screens to the above referenced property. According to 780 CMR 111.2, until the zoning issues are resolved we cannot act on this permit. Sincerely, Robert McKechnie Local Inspector � 1 pIME rqy, Town of Barnstable Regulatory Services • BMWSTnsLe, 9 MASS. 8 Thomas F.Geiler,Director �A i6;q. 10 rE039 A Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4024 Fax: 508-790-6230 September 23, 2005 Ms. Susan Limoncelli 181 School Street Cotuit, MA 02635 RE: 181 School Street Cotuit Ma 02635 Map 020—Parcel 090 Dear Ms. Limoncelli This letter is to inform you that you currently are in violation of Barnstable Zoning Ordinance 240-14 (A). You must contact this office by October 7, 2005 to arrange to bring the above address into compliance or be subject to fines of no more than $300.00 per day of non-compliance. Thank you for your attention in this matter. By Order, , Li dson Amnesty Zoning Enforcement Officer Building Department Q:zoning5 BLDG8 200704723 111026 r l Property Lomtion: 181 SCHOOL ST COT MAP ID: 020/090/ Visidn ID:917 Other ID: Bldg#. 1 Card 1 of 2 Print Date: 03/20/200611 ._ ..CONSTR..UGTION,DE1, ..r,: a T ... Element Cd. Ch. Description Commercial Data Elements tyle/Type 6 Conventional Element Cd. Ch. Description 22 odel 1 Residential Heat&AC rade + + Frame Type Baths/Plumbing 16 WDK 1 tones 1.5 1/2 Stories ccupancy 0Ceiling/Wall 22 ooms/Prtns 19 Exterior Wall 1 14 Wood Shingle %Common Wall 2 Wall Height Roof Structure 03 able/Hip Roof Cover 03 sph/F Gls/Cmp CONDO/MOBtLL~HOME DATA„ ;; SAS Interior Wall 1 3 Plastered Element ode Description actor 6 2 2 Interior Floor 1 12 Hardwood Complex 2 Floor Adj Unit Location 3 16 eating Fuel 3 Gas 26 Heating Type 4 Forced Air-Duc Number of Units C Type 1 None umber of levels 13 Ownership Bedrooms. 4 4 Bedrooms SAS Bathrooms 1.5 1/2 Bathrms t, tMOST/ 4-0. T,VALUATION xr "� 75 UBM 2 11 1 Full+1/2 nadj.Base Rate 48.00 FHS otal Rooms 9 Rooms Size Adj.Factor 1.06501 3 FOP 21 Bath Type Grade(Q)Index 1.06 0 Kitchen Style 20 Adj.Base Rate 54.19 Bldg.Value New 94,616 27 ear Built 1910 ff.Year Built 1970 rml Physcl Dep 27 uncnlObslnc 0 ,MIXED USE . :w "tir .w . 'rEcon Obslnc 0 pecl.Cond.Code 1010 Single Fam 100 Specl Cond% verall%Cond. 73 eprec.Bldg Value 69,100 OB,OUTBUILDING&YARD ITEMS(L)1 XF BUILDLNG EXTRA FEA°TUi2ES(B), ;' yam;, %Code Description LIB I Units Unit Price Yr. Dp Rt I %Cnd Apr. Value FPL2 irepl-1/2 Sty B 2 3,200.00 1970 1 100 4,700 solo, S,UMMARY'SECTION4 Code Description Living Area Gross Area E .Area Unit Cost I Unde rec. Value BAS First Floor 1,105 1,105 1,105 54.19 59,880 FHS Half Story,Finished 428 611 428 37.96 23,193 FOP Porch,Open,Finished 0 280 56 10.84 3,035 UBM Basement,Unfinished 0 611 122 10.82 6,611 WDK Wood Deck 0 352 35 5.39 1,897 t.'(:rn.c.c li.v/lorzco Aran 1.5331 27959 " 1,7461 Blde Val: 1 94,616 F1ME r Town of Barnstable Regulatory Services vCAB '$` Thomas F.Geiler,Director �A 1639. ♦0 tEpp�,(a Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 August 29, 2005 Ms. Susan Limoncelli 181 School Street Cotuit, Ma. 02635 Re: Illegal Apartment—181 School Street Cotuit, Ma. 02635 Map 020 Parcel 090 Dear Property Owner: Our records indicate that your house at the above-referenced location is currently being used as a multi-family home,which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty Program • Prove that this is a legal two-family home. Please contact this office immediately to tell us what direction you wish to take. incerel Linda E on Amne y Program Z ng Officer uilding Department gforms:zoning3 Page 1 of 1 Perry, Tom From: ALBERT RUSSO [ajrusso1@msn.com] Sent: Wednesday, October 19, 2005 12:00 AM To: Perry, Tom Cc: David Burgess; Susan Limoncelli Subject: 181 School St, Cotuit-- Plans/Status Thomas Perry Building Commissioner Town of Barnstable 200 Main St. Hyannis, MA 02601 Tom, thank you for your consideration with respect to the zoning problems we have inherited with the purchase of our home at 181 School St, Cotuit. It is much appreciated. You requested a letter describing where we are with the longer term issue of what we want/can do with .our property. As of today, Tuesday, October 18, we had an initial telephone discussion with attorney Michael Ford of Harwich about the dilema we find ourselves in at this time. After giving him a brief summation of events from the receipt of the initial letter from the town until now, he asked that we provide him the various documents we have for his review. We agreed to then set up a meeting to discuss the options that he might see available based on his understanding of the situation. We will be getting the documents to him tomorrow and I would expect that we will be able to meet with him sometime within the next week. We would expect to come out of that meeting with an initial plan of action, whatever that might be. That should put us out somewhere around the first of November with something to bring to the Town. I also called attorney David Burgess and informed him that you and I agreed to "stand down" for now to allow us to pursue the long term solution as described above and at the same time pursue the repairs to the outside of the house and cottage while weather and time allows. I believe this covers all that we discussed today. Please let me or Susan know if there is anything else you_need at this time. Again, thanks for listening and providing a pathway to move forward. Bert Russo 1/29/2010 Town of Barnstable . � °!+ti Regulatory Services 10, Thomas F.Geiler,Director . '" ' ' MASS. ' Building Division 1639. —� ,etFo ,ta Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 PERMIT# FEE: $ = SHED REGISTRATION 120 square feet or less Location of shed(address) Village roperty owner's name Telephone number: Size of Shed Map%Parcel# Sig iia re . ' Date Hyannis Main Street Waterfront Historic District? Old King's Highway Historic District Commission jurisdiction? Conservation Commission(signature is required) '- p Sign off hours for Conservation 8:00-9:30&3:30-4:30 PLEASE NOTE: IF YOU A_RE WITHIN THE JURISDICTION OF ANY OF THE ABOVE COMMISSIONS,THERE MAY BE A REVIEW PROCESS AND APPLICATION FEE. PLEASE SEE THE APPROPRIATE COMMISSION FOR DETAILS. a, THIS FORM MUST BE. ACCOMPANIED BY A PLOT PLAN Q-forms-shedreg REV:042506 � T Shed TOWN OF BARNSTABLE Permit BARNSTABLE. MASS F639..•(p� Permit Number: Application Ref: 200904842 20092071 Issue Date: . 10/23/69 Applicant: LIMONCELLI, SUSAN :: w Proposed Use: Accessory Structure Permit Type: SHEDS 12G SQ.FT & UNDER Permit Fee $ 25.00 - Location- 181 SCHOOL STREET Map Parcel 020090 Town COTUIT Zoning District RF Contractor PROPERTY OWNER. F Remarks 8 X 10 SHED Owner: LIMONCELLI, SUSAN Address: 181 SCHOOL ST d COTUIT, MA 02635 < Issued By: RM POST-THIS CARD SO THAT IS VISIBIJE FROM THE:STREET`; M P. 1 Communication Result Report ( Dec, 14, 2009 1 : 28PM ) d 2) Date/Time : Dec. 14. 2009 1 : 27PM File Page No, Mode Destination Pg (s) Result Not Sent ---------------------------------------------------------------------------------------------------- 7018 Memory TX 915088624724 P. 2 OK Reason for error E. 1) Hang up or line fail E. 2) Busy E. 3) No answe r E. 4) No f a c s imi l e 'connect i on E. 5) Exceeded max. E—ma 1 size Town of Barnstable Regulatory Services � Thomos F.6eiler,Mrecbr - msp $IIIId1Dg]d1V1910A - - - Thomas Perry,CHO,Hollding Commissioner - - 200 Main Ssmvt Hyannis,MA 02601 - www.fownbarns1s61ema.ns Office: 508-962-4038 Fax:508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S)TO: TO: v�� ^^ ATTN: ` FAX NO: 2 CoD—�-7 a'S RE: FROM e,� 1' DATE: PAGE(S): (INCLUDING COVER SKEET) ' aeer.111901 - { oF� Town of Barnstable } k Regulatory Services �� X Thomas F. Geiler,Director '°rFd,,,prp Building Division Thomas,Perry,CBO,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: ATTN: s FAX NO. �CoD —�-7 a RE: FROM: DATE: PAGE(S): (INCLUDING COVER SHEET) Rev:121901 I COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. SUPERIOR COURT DEPT. } CIVIL DOCKET NO .2008-1.05 SUSAN LIMONCELLI Plaintiff V. TOWN OF BARNSTABLE ZONING BOARD OF APPEALS, AND ITS MEMBERS, GAIL NIGHTINGALE, RON S. JANSSON, DANIEL M. CREEDON III,JAMES R. HATFIELD, SHEILA GEILER, JOHN NORMAN, JEREMY GILMORE, KELLY KEVIN LYDON and they TOWN OF BARNSTABLE % Defendants SUBPOENA TO APPEAR FOR TRIAL TO: Thomas Perry,Building Commissioner Town of Barnstable 200 Main Street F Hyannis, MA 02601 YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts in accordance with the applicable provisions of the Massachusetts Rules of Civil Procedure to attend the trial of the above-captioned matter at the Barnstable County Superior Court, 3195 Main Street, Route 6A, on Wednesday, February 10, 2010 at 9:00. a.m. Your failure, without adequate excuse,to obey,this subpoena may be deemed in contempt of the Court in this action is pending. Respectfully submitted, The PI 'ntiff, By h Atto ey , Then personally appeared the above named rHyann P inci, BBO 406680 Michael J. Princi, and acknowledged the ynn, P.C. foregoing instrument to be table Road his free act and deed. MA 02601 (508) 775-3665 � .j '�' &Jpa ' (yN Public: "�oH' ' i .y�-2010 � 1y-Commission Expires: g — PLEASE CALL ATTORNEY MICHAEL J.PRINCI UPON RECEIPT OF THIS SUBPOENA AT(508)775-3665 TO ARRANGE '�,,� ••'••1�essr;c..••'�ti�\\`�.`` COMPLIANCE OF APPEARANCE fessage Pagel of 3 Perry, Tom . To: Michael Princi Subject: RE: Limoncelli Michael,whatever was in the file today is what was there,we didn't have to go looking for anything.The permit from 1989 was closed out(final inspection) in July of 89.That would have been the extent of any paper work or 'approvals on this department's end.A Certificate of Occupancy would not have been issued unless one had been requested.This almost never happens in the case of an addition. -----Original Message----- From;Michael Princi[mailto:mprincicdwynnandwynn,comJ Sent:Friday,August 03, 20073:36 PM To;Perry, Tom Cc;Susan Limoncelli Subject;Re:Limoncelli Tom, There are a few things missing from your analysis and review. The building department lost the file from 1981 and 1989. It is curious that Linda was able to find the 1981 letter from Joe but not the rest of the file. It is also curious that the 1989 file contains the application for permit and is missing the inspection information and the CO, which would be enormously helpful is demonstrating that the Building Department knew of the two family use and approved the building permit and occupancy anyway (it is logical to believe that the CO went over to the assessing department and that the two family use was then recognized by the Town). It would be very helpful if you could find both files. There is the final matter of Linda knowing of the sale of the property as a two family property and allowing it to go through at a time when she believed the property in violation (if indeed there was a violation). She gave Grover the benefit of a sale of a two family dwelling and then declared the dwelling in violation. At best her choice not to act was reprehensible where she intended to file the violation after the sale. That action alone warrants acknowledging the two family use by the Town. Thank you again for your attention to the matter and I look forward to hearing from you when you prepare your formal response. Michael This e-mail message is confidential and is intended only for the named recipient(s). It may contain information that is subject to the attorney client privilege or the attorney work-product doctrine or that is otherwise exempt from disclosure under applicable law. If 8/6/2007 Message Page 2 of 3 ,you have received this e-mail message in error, or are not the named recipient(s), please "immediately notify the sender and delete this message from your computer and destroy r all copies. To comply with IRS regulations, we advise that any discussion of Federal tax issues in this e-mail is not intended or written to be used, and cannot be used, (i) to avoid any penalties imposed under the Internal Revenue Code or(ii) to promote, market or recommend to another party any transaction or matter addressed herein.Thank you. Michael J. Princi 300 Barnstable road Hyannis, Massachusetts 508-775-3665 -----Original Message ----- From: Perry, Tom To: Michael Princi Cc: Mckechnie, Robert Sent: Friday, August 03, 2007 2:17 PM Subject: RE: Limoncelli Michael,l have reviewed the materials that you have submitted concerning4181_School-St C-otuittWhile we are in agreement that this cottage has existed for some time,I still fail to see where this was ever been properly permitted by this department.In order for this to have the protection afforded by Chapt.40a section 7 it would had to have the benefit of a building permit.This did not occur.There was evidently a building permit issued to add a sink and some heat for a garage that was evidently going to be used as an occasional workshop.The work that was permitted under that permit was started but it appears that there was a deviation from the permit that was granted,living space was added in violation of the granted permit,and hence the November 6,1981 letter to correct the violation was issued by Joe DaLuz the Building Commissioner at that time. Also the subsequent permit to add a family room,that was issued in June of 1989 would not afford the protection of 40a section 7 to the cottage because this is and has always been a separate structure.Section 7 of 40a deals with the separate structures and uses on a parcel,so if a permit is applied for to a structure on a parcel and that proposal meets the Ordinance as far as use and bulk requirements then the permit may issue.If a permit was applied for on the cottage structure,after the use violation was identified,the permit should not be issued because the use of that structure is and was in violation of Zoning. This is the reason why I have subsequently issued a permit to fix the front porch on the main house(the same structure that had the family room added to in 1989) but refuse to issue permits for the cottage structure. So to clarify Michael,the permit application for the cottage to "complete construction renovation of stairs in cottage"is denied based on the fact that,in this office's opinion,the cottage is not a legally pre-existing non-conforming use and therefore does not have the protection afforded by Chapter 40a section 7. -----Original Message----- From;Michael Princi[mailto.mprinci@wynnandwynn.com] Sent:Monday,July 30, 2007 9.24 AM To:Perry, Tom Cc;Susan Limoncelli Subject:Re:Limoncelli Tom, This email will confirm that you will finish your review of Susan Limoncelli's request for a building permit to refurbish the cottage. Ms. Limoncelli and her predecessor for the past 17 years have been assessed and paying taxes for a multi-family property. The change in assessing took place after the issuance of the last building permit in 1989. Unfortunately, your office does not the have files 8/6/2007 Message Page 3 of 3 t on the property from 1981 and 1989, which would likely show a full inspection of the property in 1989 and the recognition by the building department of a multi- family property with the issuance of an occupancy permit after construction of the addition. The application was sent at the end of May and we have spoken several times since. I am hopeful that you sill issues the permit and put this matter to rest. As for the criminal complaint, the clerk was kind enough to remove it from the docket and place in suspense waiting for us to give him a date for the magistrates hearing. If you issues the building permit the matter is moot. Thank you for your careful consideration of this matter. I look forward to your response forthwith. Michael This e-mail message is confidential and is intended only for the named recipient (s). It may contain information that is subject to the attorney client privilege or the attorney work-product doctrine or that is otherwise exempt from disclosure under applicable law. If you have received this e-mail message in error, or are not the named recipient(s), please immediately notify the sender and delete this message from your computer and destroy all copies. To comply with IRS regulations, we advise that any discussion of Federal tax issues in this e-mail is not intended or written to be used, and cannot be used, (i) to avoid any penalties imposed under the Internal Revenue Code or(ii) to promote, market or recommend to another party any transaction or matter addressed herein.Thank you. Michael J. Princi 300 Barnstable road Hyannis, Massachusetts 508-775-3665-3665 8/6/2007 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel Application# �'1 (0 I S O Ki Health Division Conservation Division Permit# Tax Collector Date Issued Treasurer Application Fee 17 Planning Dept. Permit Fee 30 Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address Village Owner � � Address ` Telephone Permit Request - ' Square feet: 1st floor:existing proposed 2nd floor:existing proposed Total new (f2 Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: kYes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family J Two Family ❑ Multi-Famil (#units) Age of Existing Structure Historic House: Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: UFull Crawl Walkout ❑Other ,,easement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing new Half:existing new Number of Bedrooms: existing. new ------ Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: 1Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes No Fireplaces: Existing New- rr� Existing wood/coal stove: ❑Yes *No Detached garage:❑existing ❑new size Pool:❑existing ❑new size 0 Barn:❑existing ❑new size Attached garage:❑existing ❑new size _.A69-:7-Shed: existing ❑new size 1674 Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes E(No If yes, site plan review# -.Proposed Use BUILDER INFORMATION c= Name / jam Telephone Number yj z Address License# z) Home Improvement Contractor# I _:, Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE FOR OFFICIAL USE ONLY Y .k PERMIT NO. DATE ISSUED i MAP/PARCEL NO. ADDRESS, r VILLAGE; OWNER DATE OF INSPECTION: FOUNDATION f FRAME 1 INSULATION , FIREPLACE ELECTRICAL: ROUGH FINAL f s PLUMBING: ROUGH FINAL i GAS: ROUGH FINAL FINAL BUILDING � r z DATE CLOSED OUT ASSOCIATION PLAN NO. The Commonwealth ofMhssachusetts Department'oflndustriaZAccidents Offrce of lrivestigatc'ons' 600 Washington Street . Boston,MK( 02,7.1.1. Mt W.mass.gov/dia ' Workers}Compensation Insurance Affidavit; Buflderg/Contractors/EleCtricians/Plu-i�bers' Applicant Information Please Print Le ' I Name(Business/Orgauization/Individual): c r •Address: City/State/Zip: •Phone.#: Are you an eniployerY'Check the appropriate box: 1,0 I am a employer with 4, [] I am a general contractor and T Type of project(required)',.. employees(full and/or part time),*. have hired the sub-contractors ❑New construction . 2.[] I arli a'solt;.pioprietor oz partner= , listed on the'attached sheet; 7. ❑Remodeling *P.and have no employees These sub-contractors have g• ❑Demolition. -�yorlang for and in any capacity. employees and have workers [No workers' comp,insurance comp, insurance.$'- 9, ❑Building addition required] Sc ❑ We art;a:porporatitin and its 10,❑Electrical}ep 'air s Or. additions - '319I s=ra homeowner•doing-all.wozk - -—officers-have exercised their , el•f,[No workers'comp, right 6f eXemption per MGL 11:❑Plumibing repairs or additions • insurance.requized]t ,c. 152, §1(4), and we have I2,❑Roof repairs'. ve no�• r ' employees, [No workers, 13 Dther comp,insurance required.] Any applicant that checla box#1 must also fill out the section below abowing their workers'compensation policy infarmatioo. t Homeowners,who subrait this affidavit indicating they are doing all woik and then hire outside contractors mutt submit anew affidayitindicating such, $Contractors that check this box must attached an additional-sheet showing the name of the Pub-contractors and state whether arnot those entities have employees, Ifibe subcontractors have eiapioyees,they must provide then•workers,comp,policy number, lam an empfoyer•that is providing workers'compensation insurance for my employees. Below is.the policy and3ob site' information. Insurance Company Natde• Policy#or Self-ins.Lic,#;. Expiration Date, lob Site Address: City/State/Zip; Attach a copy of the workers' cgrimpensation policy declaration pal;e'(shoyving the policy number and expiration date),. Faih ze,to secure coverage as requited under Section 25A.ofMCTL c. 152 can lead to the penalties of a imposition of criminal fine tip tb$1,500.00 and/or one-year imprisonment:, as well as civil penalties in the form of a STOP WORK,ORDBR and a fine of up to$250,00 a day against the violator, Be advised that a'c of this statement maybe forwazded to Investigations of the bIA for insure ce coves a verification,'COPY Y the.Office of I do hereby certify er h a' pe ties ofperjury that the information provided above is true and colrect. Si afore: • Date: Phone#: � _ Q&Ial Use only, Do not write tre this area,to be completed by city or Town officiaG City or Town: perniit/License# . Issuing Ruth-Drity(circle one):' 1.Board of Health 2,Building Department 3., City/Town Clerk ,Electrical Inspector 5.Plumbing Inspector .6. Other ; Contact Person: Phone#: �.U� d.Llt➢dl �.3..A� l.11�Ll ���.,l�.11Ji� ' • • . 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 anctherunder any.contrsct of bite, 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 deevied to be an employee" IZCTL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to'operate a business or to construct buildings in the commonwealth for any applicant who has not produced-acceptable evidence of compliance with the insurance coverage required,". Additionally,MGL ohapter-152,§25C(7)states"I eajthei 6a commonwealth nor any of its political mbdiy*ons shall enter into any contract for,the perforce of pub1ju.work utitii aceepta'ble cvirlEnse oft camp tree 70-:lie ins& requirements of this chapter have been presented'to the contracting authority'; Applicants Please fill out the workers' compensation affidavit completely,by checldng the boxes that apply to your sitaation and,it necessary,supply sub-conti:actor(s)nane(s),address(es)and phone number(s)along with their certificates) of - insurance, Limited Liability`Companies'(LLC)or Limited Liability Partnerships(LLP)with no'employees other than the nembers'or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required BQ advised that this affidavit may be submitted to the Dep'a&aent of Industrial ' Accidents for confirmation of insuranca coverage. Alsb be sure to sign and date the affidavit. The affidavit should be returiied to the city or town that the application for the pemtit.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 oall the Department at the nurgber listed below. Self-insured companies should enter their . self-insurance license number on the appropriate'lins City or Town Officials Please be sure that the affidavit is'complete•and printed legibly. The Department has provided a spacq 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 Olin the permit/license number which will be used as a reference number: In addition,an applicant that znust submit multiple pemtitllicense applications in any given year,need only submit on;affidavit indicating current policy information,(ifnecessa y)and under"Job Site Address"the applicant should write"a.11•10cations in_ (city-or town):'A copy of the affidavit that.has been officially stamped or markedby the city or townmaybe 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 io any business or commercial venture (La. a dog license orpermittobum leaves•eta.)saidperson 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-anti questions, please do not hesitate to givens a call The Depaxtment's address,telephone•andfax number:, Yho COMMQOW�lth ofmalmqt=tts B6st=,MA 02Il 11 Fax#61'�- '�-7`7-49 Revised 11-22:06. WWWMA � a6v'/din 1vrr11 v1 iJiLiSlal-[ LIAIW Regulatory Services w .$ Thomas T,Geiler,Director 9�'pl26 ` Building Division Tom.Perry,Building Commissioner 200 Main Street, Hyaffiis,MA 02601 www.towA,barnstable,ma.us Face: 508-862-4038 Fax: 508-190-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW -SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization, conversion, improvement;removal, demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units.or to structures which'are adj acent to such residence or building be done by registered contractors,with certain exceptions,along with other � •requirements. �- ff_�_n Type of Work: Estimated Cost _21 .6 Address of Work:. Owner's Name: Date of Application I I hereby certify that Registratign is not required for the following reason(s); []Work excluded by law []*Job Under$1,000 []Building not owner-occupied Owner pulling own permit Notice is bereby given that: OVnRs PULLING TEEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TOTEM ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER•PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Signature. RegistrationNo. OR Date Owner's Signature Q;�vpfiles.ferm ..homeaffidav Rev: 060606 Town of Barnstable Regulatory Services BAMSTABM Thomas F.Geiler,Director 9 MASS. �A i6g9. a Building Division rEC N1A'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 DATE: JOB LOCATION: number street village I "HOMEOWNER": � � P name home phone# work phone# CURRENT MAILING ADDRESS: Z49 5 crty/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 Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum in ction procedures and requirements and that he/she will comply with said procedures and require ts. SignatureTffroneowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. . HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner.shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt r J DURABLE POWER OF ATTORNEY I, SUSAN LIMONCELLI, of 181 School Street, Cotuit, County of Barnstable, Massachusetts 02635, appoint ALBERT J. RUSSO as my attorney,to conduct all my affairs, with full power and authority to act in my name and on my behalf as fully as I could do if personally present. Without limiting the generality of my attorney's powers, I specifically authorize my attorney to do the following: 1. To manage and have the general control and supervision of all my property and interests in property, real or personal, tangible or intangible, including the power to buy, sell, lease, and mortgage. 2. To maintain bank accounts for me in my name, or in the name of my attorney, and to make deposits or withdrawals of money belonging'to me in such accounts,and to disburse any money from.such accounts on the signature of my attorney. 3. To pay all my bills and to expend funds for any purposes which my attorney deems for my benefit. 4. To collect, demand, and receive any income, interest,dividends,rents,profits,or other property due or payable to me. - 5. To borrow money.on my behalf, to execute contracts on my behalf and to execute on my behalf any other deed or instrument in my name or in the name of_ my attorney, which, in the discretion of my attorney, appears to be necessary or advisable in the management of my affairs. 6. To have access to all safe deposit boxes in my name and the right to remove their contents. 7. To prepare or have prepared and to sign tax returns of any sort on my behalf. 8. To prosecute or defend or submit to arbitration any claim by or against me or my property and to receive and give full or partial releases of any kind. 9. To transfer funds or property of mine to any trust established by me;whether before or after the date of this instrument. z 10. To substitute another to act under this power of attorney and to revoke the substitution at any time. 11. To do any of the foregoing in Massachusetts or elsewhere in the Unites States of America. i No person dealing with my attorney shall be required to see to the application of any funds or property paid or transferred to my attorney. Any person may rely on this power of attorney or a copy of it certified by a notary public until notified in writing of its revocation. I intend that this power of attorney shall not be affected by my subsequent disability or incapacity. IN WITNESS WHEREOF, I hereunto set my hand and seal this_day of August 2006. X _ W .SUSAN LIMONCELLI Barnstable, ss. -kU9ttSt-_, 2006 Then personally appeared the above-named SUSAN LIMONCELLI and acknowledged the foregoing instrument to be her free act and deed,before me. Notary Pub ��c .ir2/��1 �'y S/A) My commission ex ' es: 2 2 Barnstable Assessing Search Results Page 2 of 3 :r Depreciation 20 Total Rooms 9 Rooms Land ate" CODE Lot Size(Acres) 0.6 Appraised Value $237,300 g. Ary Additional Sketches 1 121 Assessed Value $237,300 //�pp lick Here for print version that displays all ske V I AsBuilt Card N/A `View Interactive Maps > Sales History: Owner: Sale Date Book/Page: Sale Price: O LIMONCELLI, SUSAN Aug 11 2005 12:OOAM 20147/244 $590,000 GROVER, RUTHANNE Oct 24 1997 12:OOAM 11024/007 $0 GROVER, RUTHANNE&PAUL E Dec 15 1993 12:OOAM 8921/161 $ 100 GROVER, RUTHANNE 2342/133 $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value SHED Shed 140 $900 $900 FPL1 Fireplace 1 $2,400 $2,400 FPL2 Fireplace 1 $2,400 $2,400 Property Sketch - Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappar=02... 3/15/2007 �i TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel Application J00 Health Division — 3 7q Conservation Division ' Permit# Tax Collector Date Issued r7 F Treasurer Application Fee j 111,�eo I2 Planning Dept. Permit Fee l D c ®� Date Definitive Plan,�p01nning Board Historic-OKH f✓ � eservation/Hyannis Project Street Address Village Y Owner Address Telephone r Permit Request —'""" "ImIr-Wom(k Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay a P?oject Valuatio Construction Type V ' Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. f z ' F Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) � Age of Existing Structure Historic House: Yes ❑No On Old King's Highway: OQYes :0 No 07 J 'y^ Basement Type: XFUII AKrawl ❑Walkout ❑Other ( `'? r— )77 l Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: 90as ❑Oil ❑Electric ❑Other Central Air: ❑Yes &o Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# Current Use Proposed Use BUILD)ER INFORMATION Name GJ lephone Numberve Address License# G Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION D RIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO* J SIGNATURE DATE �+ FOR OFFICIAL USE ONLY ,,PERMIT NO. DATE ISSUED ►MAP/PARCEL NO. r a r • j , r ADDRESS r VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE 1 ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING - DATE CLOSED OUT ASSOCIATION PLAN NO.. . . J Department oflndustrialAccidents Office of Investigations `a 600 Washington Street Boston,MA 02111 www.mass.gov%dia AVorkers' Compensation Insurance Affidavit: Builders/Contractors/Electriciaias/Plumbers licant Information Please Print L.e 'bl Name (Business/Organization/Individual): Address: City/State/Zip: ( Phone Are you an employer? Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4• ❑ I am a general contractor and I 6. New construction employees (full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet $ - Remodeling ship and have no employees These sub-contractors have S. ❑ Demolition working for me in any capacity. workers' comp.insurance. g• ❑ Building addition [No workers' comp. insurance 5• ❑ We are a corporation and its required.] officers have exercised their i o.❑ Electrical repairs or additions 3. I am a homes•,,per dolma al1wnTk right of exemption per MGL 11.❑ Plumbing repairs or additions myself. [No workers' comp. c. 152, §1(4),and we have no 12.0 Roof r irs insurance required.] t .. employees. [No workers' comp.insurance required.] 13• Other *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 their workers'comp,policy information. 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 Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,50Q.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 statem-eilt may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify u er the ena of perjury that the information provided above is true and correct Signature: 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): l 1.Board of Health 2.Building Department 3.City/Town Clerk a.Eleetrisai inspector 5.Flu taslaing inspector if.` 6. Other Contact Person: Phone r: -Town of Barnstable Regulatory Services snxxsznsLe. 'MASS. X Thomas F.Geiler,Director 1639 �0 A,fo►��" 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 Permit no. Date Ar FiDAYiT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction, alterations,renovation,repair,modernization, conversion, improvement,removal, demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: Estimate Cost r Address of Work: a e Owner's Name: Date of Application:--_' I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied ROwner pulling own permit Notice is hereby given that: - OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE.HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Signature Registration No. z711_11 le�-� Date Owner' i ature Q:wpfiles.forms:homeaffi d av Rev: 060606 I TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 7 Map ��/� —parcel� � _ Application# c�66/0 /337 Health Division Conservation Division " Permit# Tax CollectorJF Date Issued �� Treasurer Application Fee Planning Dept. Permit Fee cup Date Definitive PIDAWZoved by Planning Board Historic-OKH JW_ �' Preservation/H�ya Project Street Address e Village _ Owner � j�ress Telephone Li7�. ?� Permit Request Zei4 ' ��c.0 Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay 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 64No 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 Room Count Heat Type and Fuel: XGas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes WNo Fireplaces: Existing New Existing wood/coal stove: ❑Yes 4To 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 B LDER I FORMATION Name / Telephone Number /Z&_ Address �6� �� ,�7`— License# � Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE I e FOR OFFICIAL USE ONLY e PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS r VILLAGE OWNER DATE OF INSPECTION: FOUNDATION i FRAME II( �3 INSULATION FIREPLACE ` ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO.. -� t The C:ommonweattis of inassacnuseus Department of Industrial Accidents A - Office of Investigations 600 Washington Street Boston,MA OZIII " www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual):- Address:--- City/State/Zip: Phone Are you an employer? Check the-appropriate box: Type of project(required):L❑ I am a employer with 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6• ❑ New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet t 7• ❑ Remodeling ship and have no employees These sub-contractors have S. ❑ Demolition working for me in any capacity. workers' comp.insurance. o workers' co 9 ❑ g addition [N comp. insurance � 5• ❑ We are a corporation and its required•] officers have exercised their 10-❑ Electrical repairs or additions 3 X 1 am a homeowner doing all work right of exemption per MGL 11.❑ Plumbing repairs or additions myself.(No workers' comp. C. 152,§1(4),and we have no 12.❑ Roof rep ins insurance required.] t , employees. (No workers' comp.insurance required.] 13•KOther Any applicant that checks box#1 must also fill out the section below'sbowiag their workers'compensation policy information.' t Homeowners who submit this affidavit indicating they are doing all'work and then hire outside contractors must submit anew affidavit indicating sucl, tContractors that check this box must attached an additional sheet showing the name of the sub-contrsators and their workers'comp policy information. 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 Section 25A of MGL c. 15.2 can lead to the imposition of criminal penalties of a fine up to$1,500,.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify er he ain and ea a s of perjury that the information provided above is true and correct Si afore: 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 Realth 2.Building Department 3.City/Towar Clerk 4.Electrical inspector 5. Plumbing Inspector 6. Other Contact Persona: Phone#: °FIMEt Town of Barnstable Regulatory Services snRxsrneM Thomas F.Geiler,Director ,ore039. 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 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction, alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. 15,11 Type of Work: lie Estimated Cost Address of Work: i r Owner's Name: Date of Application: Q I hereby certify that: Registration is not required for the following reason(s): Work excluded by law ❑Job Under$1,000 Building not owner-occupied Owner pulling own permit Notice is hereby given that:\ OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Signature Registration No. Date Owner' igna e Q:wpfiles.forms:homeaffidav ' Rev: 060606 Town of Barnstable Regulatory Services Z � Thomas F.Geiler,Director asass. Building Division. Tom Perry, Buulding Commissioner 200 Main Street, Iiyannis,MA`02601 www.town.b arnstablepa.us Office: 508-862-403 8 Fax: 508-790-6230 Property Owner Must Complete and Sign This Scction. If Using A Builder as.Owner of the subject property hereby authorize f, /��� to act on my behalf, in all matters relative to work authorized by this building permit application for. Ad ress o ob) Signature of ate C Print ame i Q:FO3LMS:0 WNERPERM1SS10N Town of Barnstable �OFTHE Tp�� Regulatory Services BARNStABL& Thomas F.Geiler,Director 9 'MAss. �. �PrF 639. e.� Building Division o 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 DATE: JOB LOCATION: number street village p � "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: /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 Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building,permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department m;n;m pection procedures d requirements and that he/she-will comply with said procedures and req ' eme Si o Homeown Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. . HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner'performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons.In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt � r 4AM�Jg( A f 1 'T l MAP 020 MAP ` . 0 ,99 # 173 161 MAP 020 1 j MAP 020 1087 El ,090 1 # 151 MAP ;Q20 # 181 ' !; -o9 � ---1"MAP 020 � # 193 0 9 2 # 205 - -.. --------- � �( \Des ktop\Conservation.dg n 6/19/2006 10:00:58 AM TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel G` C Application# Health Division Conservation Division Permit# Tax Collector Date Issued Treasurer Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address > 41452_&_ Village ... 6S4,�Z"Tl Owner � � � Address < Telephone _ 1,,�: Permit Request t . Square feet: 1 st floor:existing . proposed 2nd floor:existing �C= proposed Total new Zonin District Flood Plain g <:2_ Groundwater Overlay Project Valuation ram% Construction Type Lot Size Grandfathered: q Yes ❑No If yes,attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure iytkout Historic House: t1 `fes U No On Old King's Highway: Ll Yes ❑No Basement Type: Full Other r° . Basement Finished Area .ft. ' (sq ) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing Half:existing new NumberAe- of Bedrooms: existing �� .. � _ Total Room Count(not including baths):existing new First Floor Room Count _3AP1C � y Heat Type and Fuel: �L.Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes A�blo Fireplaces: Existing, New Existing wood/coal stove: ❑Yes "No Detached garage:O existing ❑new size i Pool:0 existing ❑new size Barn:O existing ❑new size Attached garage:O existing O new size _ Shed:O existing ❑new size Other: - Zoning Board of Appeals Authorization O Appeal#, Recorded O Commercial ❑Yes ,, ANo If'yes,site,plan review# Current Use - =, :r , .<• Proposed Use r BUILDER INFORMATION . Name_ j Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE �� l _V' DATE �� + (1�\• 1/LG {.rV/IL/JLV/L/YGWLLIL V•J llf.LLOJ[LL.l�WJ GLLN Sob Department oflndustrial Accidents Office of Investigations d 600 Washington Street' Boston, MA 02111 www.mass.govfdia ' Workers' Compensation Iigsurance Affidavit: Builders/Contractors/]Eldctricians/Plumbers Applicant licant Information Please Print Le Name(Business/orgmdzation/lndividual): f >. i72 A &ess: City/State/Zip: Phone:#: Are you as employer?Check the boa: -Type of project(required):. 1.❑ I amt.employer with 4. ❑ I am a general contractor and I employees (full and/or partgtime).* have hired the stab-contractors 6..[]New construction . 2.0 I am a.bole proprietor or partner- listed on the-aitached sheet.' 7. gRemodeling These sub-contractors have ' ship andha:ve no employees 8. Demolition' • working for me in any capacity. employees and have workers' 9... Building addition [No workers' comp.insurance comp.insurance.$ required-] 5. [] Yore are a corporation and its 10.❑Electrical repairs or additions q ] 3( I am a homeowner doing-ill work officers have exercised their 11.D Plumbing repairs or additions o workers' co right bf exemption per MGL' . 3's Ll`l �• _ 12.�Roof repairs insurance required.]t c. 152,§1(4), and we have no employees. [No workers' 13:❑ Other comp.insurance required.] *Any applicant that checks box#l,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 a$davitindieating such. lCantractors that check this box must attached an additional sheet showing the name of the'sub contractors and state whether arnot those entities have employees: If the sub-cantractors have employges,they must provide their workers'comp.polidynumber. la m 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: ;ob 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 tinder Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine tip to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the I)IA•foI inn race coverage verification. I do hereby certify- de t ; annalties of perjury that the inforrnatian provided above is true and correct,' Si attire: __ Date: _ Phone .#: 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): L.Board of Health 2,Building Department 3. City/Town Clerk 4.Electrical Inspector. 5,Plumbing Inspector 6. Other ContactPerson: Phone#: ' S Town of Barnstable Regulatory Services �1ABN TABLE, Thomas F.Geiler,Director Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 509-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction, alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions, along with other requirements. c Type of Work: t G Estimated Cost Address of Work: Owner's Name: Date of Application: I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded bylaw ❑Job Under$1,000 ❑Building not owner-occupied KOwner pulling own permit, Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as thelgent of the owner: Date Contractor.Name Registration No. r - Date Owner's Name Q:fon-mhomeaffidav Property Locution: 181 SCHOOL ST COT MAP ID: 020/090/ rlsi fn ID 917 Other ID: Bldg t4 1 Card 1. of 2 Print Date:03/20/200611:37 , '.CURRENT OWNER 'x'?OPO.>`,Y t,WTUMEC STRT'%ROAD ,iLOCi1T10N : a'F_' �r.4 C.IIAREi1'T 4SSESSMENT ROVER,RUTRANNE&PAUL E Descri tion Code A raised Value Assessed Value PO BOX 262 RUTHANNE S LAND 1010 489000 48,000 801 OTUrr,MA 026.35 SIDNTL 1010 104,500 104,500 51S:UPPCEitilEN.7'i1I'DA,T.A ."rv`, :;5i` Barnstable 1998,MA Account# 8592 220/65 200 LOT 15 VISION IS ID: Totall 152,5001 152,500 _. ,. EC, :.D. OF.OWNER.O $$ /u:. /[a;:S:LE PRI ME•. ,C , r ..1 .: ,,,,z_i,.PREVIO. S. x, ROVER,RUTHANNE 11024/007 10/24/1997 U I 0 lA Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value ROVER,RUTHANNE&PAUL E 8921/161 12/15/1993 U I 100 F 1997 1011 149,300 996 1011 149,300 995 1011 149,30, ROVER,RUTHANNE 2342/133 Q 0 Total 149.300. Total: 149,300 Total: 149 (N ,EXEIIPTIbNStr. w ; ;` ,'�x �� �ls xxr This signature acknowledges a visit by a Data Collector or Assessor lai. QTIiER A 55ESSIVI8N2'S:,a, ..._. _ ,, .,rr, Year TypelDescription Amount Code Description Number Amount Comm Int. Appraised Bldg.Value(Card) 69,10( Appraised XF(B)Value(Bldg) 4,70G Total: Appraised OB(l..)Value(Bldg) G ;'; ' TES :s, , v Special Land Value ,w sr x Appraised Land Value(Bldg) 47,90( .,N..O, . -. x xr "' k' Total Appraised Card Value . 121,70, Total Appraised Parcel Value 152,50t Valuation Method: Cost/Market Valuatim et Total Appraised Parcel Value 152,SOi :: , ...e_ ,_, h,:x. o-(•....... : E.. Permit ID Issue Date Type Description Amount Insp.Date %Comp. I Date Comp. Comments Date ID Cd. Purpose/Result B32976 6/1/1989 AD 10,000 1/15/1990 100 CO ADD'N 2/15/1990 ME •.:,. ,r. � � .t'ct.-. t � .::... LAND LINE-VALUA'T1bN,SECTlb1V�... B# Use Code Description Zone I D Wrontakel Depth I Units I Unit Price L Factor S.I. C.Factor Nbad Ad'. Notes-AdYS ecial Pricing Ad. Unit Price Land Value 1 1010 Single Far RF 2 1 0.60 AC 133,000.00 1.00 5 1.00 03AB 0.60 PCL(.60,U10)Notes:.10 1BLD 79,800.00 47,90, Total Card Land Units 0.601 ACI Parcel Total Land Area: 0.60ACI Total Land Valu 47,90( : TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION -Map Parcel V ? ANN lication # Health Division Date Issued e "A Conservation Division j Application Planning Dept. Permit Fee as�dv Date Definitive Plan Approved by Planning Board (� Historic!- OKH _Preservation/Hyannis Project Street Address Village x Owner Address p_ Telephone e Permit Request Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new f Zoning District Flood Plain Groundwater Overlay Project Valuation IM, CC Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family. ❑ Two Family_11� Multi-Family(# units) Age of Existing Structure Historic House: Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ACFull XCrawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) :a�70 Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing --new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: AGas ❑Oil ❑ Electric ❑—Other Central Air: ❑Yes kNo Fireplaces: Existing New Existing wood/cool stove:,,0 Yes Vo . Detached garage: ❑existing ❑ new size Pool: ❑existing ❑ new size _ Barn: ❑ existing C new-size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: �/ Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes kN0 If yes, site plan review# o +. Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name _ f elephone Number Address y License # v Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO All :�._ SIGNATURE (ZA6C �DATE 111157 A-0 ' FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER i DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL I' FINAL BUILDING ; oy DATE CLOSED OUT i ASSOCIATION.PLAN NO. r` IRLBERT J. R. 508-428-6528 p. 2 I CO.MMONWEALT'H2Of MASSACHUSETTS k S SUPERIOR COURT BARNSTABLE, SS DOCKET NO .2008-105 SUSAN LIMONCELLI Plaintiff j V. TOWN OF 13A.RNSTA.BLE ZONING BOARD OF APPEALS, AND ITS NffiMBtRS,GAIL NIGHTINGALE,RON S. JANSSON,DANIEL M. CREEDON III,JANES R.HATFIELD, SHEILA GEILER, JOHN NORMAN,`J.EREMY GILMORE, KELLY KEVIN LYDON and the TOWN OF BARNSTABLE Defendants DISCLAIMER The Plaintiff in the above action.has applied to the Defendant Town's Building Department for a building permit for renovations to the kitchen in the Main House. The Defendant Town has agreed to issue the limited building permit, provided that the issuance of said permit shall not prejudice in any way the Town's defense in the pending action, and the Plaintiff shall not use the issuance of the limited building permit for any reason to further its pending action. Agr chael P02,60'1 , titheil WY & of Barnstable 300 Bad 367 South Street Hyannis, Hyannis,MA 02601 (508)775-3665 (508)862AMao BBO#406680 BBO# Dated: October 14 2008 , ALB.ERT J. R 508-428-6528 p. 1 Bert RAXSSo P.O.Box 796 Cotuit, MA 02635 Phone:508.428.6528 Fax: 508,.428.6528 Web Address:ajrussol@msn.com SM I D AX. TRA N TT (_ To: �j / C'�I � From: Date Sent: ///✓0/0S CC: C7 Phone: J�Z �`G�l� -- —� Number of Pages: Fax: �7�� 7kr �ci The Commonwealth of Massachusetts Department of Industrial Accidents r, W Office of Investigations ti d 600 Washington Street ; Boston,MA 02111 ' ,••�' www.mass.gov/dia ' Workers'"Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information P1 as Print Le ibl •Name(Business/Organization/Individual): �- <A,dclresss 'r� • City/State/Zp�w Are you an employer? Check the appropriateTbox: .Type of project(required):• 4 I : a general contractor and I 1.❑ I am a employer with fi ❑ 6. ❑New construction . employees (full and/or part-time).* • have hired the sub-contractors 2. I am a'sole proprietor or partner- listed on the'attached sheet. 7. El Remodeling ship and have no employees These sub-contractors have g• KDemolition rorkin for me in an capacity. employees and have workers' g Y P t3'• 9. []Building addition [No workers' comp.insurance comp. insurance.$ 5. ❑ We are a corporation and its. 10.❑Electrical repairs or additions required.] officers have exercised their 11. Plumbing repairs or additions am a homeowner doing all work ❑ . g p myself.[No workers'comp. right of exemption per MGL 12,(]Roof repairs insurance.requi-red.]t c. 152, §1(4), and we have no employees. [No workers' 13.❑ Other a comp.insurance 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 anew affidavit indicating such. tContractors 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 Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well.as civil penalties in the form of a STOP WORK,ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy-of this statement maybe forwarded to the Office of Investigations of the DIA for insurance coverage verification I]do hereby certi ,e r an Wallies of perjury that the information provided above is true and correct. att r� M. Phone#: Official use only. Do not write in this area; to be completed by.city ar town official City or Town: Permit/License# Issuing Authority(circle one): i; - .-1.Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5,Plumbing Inspector ; 6. Other Contact Person: •Phone#: Town of Barnstable �0F 1HE r, O� Regulatory Services Thomas F.Geller,Director snxxsrwsrE. Mwss. Building Division PJEDy a Tom Perry,Building Commissioner . 200 Main Street, Hyannis, MA 02601 www.town.barnsiable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION ��-^^'�,�.�.—.--� Please Print JOBOZel number street village 'HO WNER's: ng .�r G name work phIZC one# URRENT,.MAIi ING ADDRESS n /��'/ < 4_7 (_ 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 Person(s) who owns a parcel of land on which he/she resides or intends to reside, on which there is,or is intended to be, a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. e The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requitem i Signature of Homeown� Approval-of-Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be.required to comply with the State Building Code Section 127.0 Construction Control. - HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Op1HEr Town of Barnstable Regulatory Services sAURrr MASS. Thomas F. Geiler,Director Building Division µa g Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize to act on my behalf, in all.matters relative to work authorized by this building permit application for: (Address of Job) Signature of Owner Date Print Name If Property Owner is applying for permit please complete the Homeovmers License Exemption Form on the reverse,side. DURABLE POWER OF ATTORNEY I, SUSAN LIMONCELLI, of 181 School Street, Cotuit,County of Barnstable,Massachusetts 02635, appoint ALBERT J. RUSSO as my attorney,to conduct all my affairs,with,full power and authority to act in iniy name and on my N behalf as ftilly as I could do if personally present. Without limiting the generality of my attorney's powers, I specifically authorize my attorney to do the following: 1. To manage and have the general control and supervision of all my property and interests in property,real or personal,tangible or intangible, including the power to buy, sell, lease,and mortgage. 2. To maintain bank accounts for me in my name, or in the name of my attorney, and to make deposits or withdrawals of money belonging to me in such accounts,and to disburse any money from such accounts on the signature of my attorney. 3. To pay all my bills and to expend fiends for any purposes which my attorney deems for my benefit. 4. To collect,demand, and receive any income, interest,.dividends,rents,profits;or other property due or payable to_me. 5. To borrow money on niy behalf, to execute contracts on my behalf and to execute on my behalf any other deed or instrument in my name or in the name of my attorney, which, in the discretion of my attorney, appears to be necessary or advisable in the management of my affairs. 6. To have access to all safe deposit boxes in my name and the right to remove their contents. 7. To prepare or have prepared and to sign tax returns of any sort on.my behalf 8. To prosecute or defend or submit to arbitration any claim by or against me or my property and to receive and give frill or partial.releases of any kind.. 9. To transfer funds or.property of mine to any trust established by me, whether before or after.the date of this instrument. 10. To substitute another to act under this power of attorney and to revoke the substitution at any time. 11. To do any of the foregoing in Massachusetts or elsewhere in the Unites States of America. ,No person dealing with my attorney shall be required to see to the Y � ar application of an fluids or property aid.or transferred to attorne An person ,-- pp Y p' p � P Y- Y• Y may rely on this power of attorney or a copy of it certified by a notary.public until notified in writing of its revocation. I intend that this power of attorney shall not be affected by my subsequent disability or incapacity. IN WITNESS WHEREOF, I hereunto set my hand and seal this day of August 2006. � I SUSAN LIMONCELLI Barnstable, ss. � 2006 Then personally appeared the above-named SUSAN LIMONCELLI and acknowledged the foregoing instrument to be her free act and deed,before me. Z-4 ,. Notary Pubji L� '/ �/ ' , 'iA) My commission ex ' es: - IJ. 2 2 , TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION ` >Map Parcel J Permit# 17796 Health Division' ' C co 'Y Date Isued 012-i f o f Vo Conservation Division I oaf I Uj -- Fee ")b f Tax Collector 5Z,A92 Application Zn C) 6 Treasurer 91 Planning Dept.t. ' Checked in y Date Definitive Plan Ap roved by Planninp Board �� pr v Historic` Preon/HyanM, anti Project Street Address SC, cv Village r Owner �� � S �� 01 r Address o Telephone U� ;)V7 — Ll 61 — V Permit Request C4P C­,r Q f D d--- §puare feet: 1st floor: existing (a(1Q proposed 2nd floor: existing proposed Totaln`n.ew °Valuation S^ (T11� Zoning District Flood Plain Groundwater Overlay µy Construction Type 7Y\ X7 L.ot Size -c Grandfathered: ❑Yes ❑No If yes, attach supporting documentation:" Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes Ar o On Old King's Highway: ❑Yes 4;-''No Basement Type: ❑Full drawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) 1� 0 Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing_ new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: was ❑Oil ❑ Electric ❑Other Central Air: ❑Yes �IA0 Fireplaces: Existing Z- New Existing wood/coal stove: ❑Yes �rN0 Detached garage:❑existing b new size 6\4' Pool:❑existing ❑new size-A-4 Barn:❑existing ❑new size Attached garage:Cl existing ❑new size (VA— Shed: LXTxisting Cl new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ _.Commercial ❑Yes ❑.No . If yes,site plan review .Current Use Proposed Use BUILDER INFORMATION w 'Name S,sc ,. In A,*r\- c cA- b Telephone Number y Address �'� /n�� License# CA,i�� Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO G< S SIGNATURE PATE b FOR OFFICIAL USE ONLY PERMIT—NO. DATE ISSUED MAP/PARCEL NO. . ADDRESS ' VILLAGE • � " OWNER DATE OF INSPECTION: t t FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL E PLUMBING: ROUGH FINAL e GAS: ROUGH FINAL FINAL.BUILDING 7 DATE CLOSED OUT ASSOCIATION PLAN NO. s r The Commonwealth of Massachusetts Department of hidustrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 . www.mass.gov/dia Workers' CompensAtion Insurance Affidavit: Sutiders/Contractors/Electricimis/Plnmbers Information Please Print Le licant 'bl r .Tame (gam%s(prF izatioa/Individual). Address: to/Zip:' �� -►�� ' '. Phone#• ;3,:" 'L.1. (e.I ity/Sta kre you an employer? Check the-appropriate boa:. ;type of project(required): ❑ Z am a employer with -— 4. ❑ I am a general contractor and I _d;(�Nam;construction. employees(fall and/orparttime).* havehiredthe tachedsheetors 7• ❑ Remodeling •❑ I am-a sole proprietor or partner- listed:on the attached sheet$ ' andhaveno employees. These sub-contractors have ,S. ❑ Demolition ship workers' comp,insurance. g• [] Building addition working forme in.auy'capacity. [No work6& comp insurance 5. ❑ We are a corporation and its 10.❑Electrical repairs or.additions officers have exercised their required.] ri t of ex lion per MGL 11•❑ Plumbing repairs or additions 10 I am a homeowner doi_tig all.work . p • e. 152,�1(4),and we have na.. , 12.❑ Roof repafrs uryself[No workers comp. to ees. o workersy insurance required.],t Y 13 ❑ Other camp.insurance required.] �y�pucantthaf checks box#1 must also fill outthe section below showing their workers'compensation policy information: `� Homeowners who subatitthis affidavit indicating they are doing an-work and thenhire outside cofactors must subarit anew affidavitindi s Contractors that check this box must&Itached an additional sheet showing the name of the sub-contractors end they workerrs'rump ' f am an employer that is providing workers'compensation insurance for my employees.'Below is the policy and job sate Information. [nsurance•CorapaaYName• . Policy#or Self-ins.Lic.#: Expiration Date•' Job Site Addiess: Citylstate/ : Attach a eopy of the workers' compensation policy declaration page(showing the policy number and-expiration date). Failure to,secuze coverage as required under Section 25A of MGL c. 152 cad lead to the imposition of cnmmalpenalties of a fine ug to$1,500.00 and/or one Year imprisomneznt:as well as civil penalties in the form of a S'IOP•WO RK ORDER and a line of up to$250.00 a day against the violator. $e advised that a copy of this statement may�e forwarded to.the Office of Investigatidns of the DIA for insurance coverage verification. I do hereby by certi er the pains and penalties of perjury that the information provided above is true and correct Si• atare: Date: •�� (Phone#: �0 ( 6 Ei Official use only. Do not write in this area,to be completed by cityor fawn officiaL City or To wn: PernihUcense# Issuing Authority(circle on01 1.Board of Health 2.Building Department 3.City/Towa Clerk 4.Electrical Inspector 5.Plumbing Inspector 6,Other CoatactPerson, Phone#• L _ f Information acid Instructions. r ter 152 f wires all emp yens pm ensatioa for their employees: Laws chap eq to to vide workers' comp' contract of hire, Massachusetts General employee is defined as"...every person is the service of another under any Pnrsuor .e�ot express ralorwritteIl•" . ;. , ' . o or more f . artpersl}ip,;assonation, F4rpora: u or other legal entity,ar�4' ' ,. An employer is defined ag•.!04 inh 4aa1,,,P the le r resentatives of a deceased employer,or the of the foregoing•engaged in a joint enterprise,and inchr$ing g� eP �. eey, HoRteYer:f pe' receiver or trustee of an iudividnA partnership,association or other IegaI entity,employing rth Y• oat of the owner of a dwelling boos a having not more than three apartments and who resides tb herein,or the occag house of another who employs persons tQ do maintenance,construction or repair work ou such dweIliag house .dwelling the1et shall notbecause of such employmeatbe de.. Or be as employer." .. or on to grounds or building app lartenzat alsL chapter' .152,§25C(�` o �than"everyjstate,or local licensing agency shall withhold the issuance or. MGpermit to operate a business or to construct buildings in the commonwealth for ed. Tenewal of a license or p a licant who*has not produced�acceptable e�dence•of compliance with the insurance coverage . subdivisions shall Pp MGL chapter 152,§25C(�states"Neither�.e commonwealth nor any of its-political Additionally, erformance of lilic work until acceptable evidence of com�kance with the insurance enter into any contract for the p Pu iequaeru=ts of1bis chapter have been presented to the contracting authority. Applicants • . • lets ,b• checlang the boxes that apply to Your situation and,if. Please f"lr 1 out the workers' compensation affidavit'comp lY Y then c�qate(s)of ya sub-contractors)name(s),addresses)and phone numb along to ees other thau-the necessary, PP1Y sores C or Limited Liability Partnerships-(LLP)with no emP .Y insurance. Limited Liability Comp (LL ) have members or p artners; are not required to carry workers' compensation insurance. If an LLC or L f dal employees, a.policy is required. Be advised that this offidavit may b e submitted t�the Department Accidents for confiraration of insurance coverage., Also be sure to sign and datethe a 3da not the Depsrf n&t of Should be returned to the crtY or town that the application for the permitter license is being ree Leda Industrial Accidents, Should you have any questions regarding the law or if you are required to db�� �' lease callthe Department at the uumber listedbelow, Self-insured companies should-eatm their compematioupolicy,p ' to line. self insurance license number on the apprapna City or Town Officials tedle 'bl The provided a space at the bottom Please be sure that the affidavit is complete and grin gr Y the applicant of the affidavit for you to fill out in the event the wbiceh wM bemused as a reference gatioi�has to numb er.ct your In add?�gon, an applicant Please be sure to fill in theperm'Yhcense number that must submitmnitiPle permitllicense applications in any given year,need only submit one affidavit indicating current (if necessary)and under"Job Site Address"'the applicant should write"au locations in_____(city or policy information(' s ed li marked by the city or town may be provided to theToivu A copy of the•aiadavit that has been officially tampeath applicant as proof that a valid affidavit is on,file for;fature p� t not elated to any m��-orlicenses-.Anew iss or cow erg v tore �P year,Where a home owner or citizen is obtaining a hcense or p (Le.a dog license or permit to burn leaves etc.)said person is NO'T required to complete this affidavit The Office of Investigations would LJe to thank you inadv one e for your cooperation and should you have any questions, please do nothesitate tb give'us a call. D The epafftnlerl•t's address,telephone and.fax number. The Commonwealth of Massachusetts . . Department of IndustrialAccidmts .. . Office gg Investigations a r .600•Washington•Sheet Y Boston,MA 02111, Tel. #617-727-4900 ext 40.6 or'1-877 MALSSAFE Fax#617-727-774 12Pnr6art 5-26-05 vr%rw.inass.gov/aa t►lE T Town of Barnstable °^ Regulatory Services BARNsTO Thomas' it 9 MAW T s F.Ge er,Director Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-403 8 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to - such residence or building be done by registered contractors,with certain exceptions,along with other requirements. j, ' e of Work:CQ_D :�S 6 - S�r'`�<S Estimated Cos Address of Work: s e �v 6jj Cit Owner's Name: L 4 �Date of Application:�.�, I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied 00wner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH.UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. .0.Date er's Name Q:forms1omeafdav "OCT—1-2005 02:13 FROM: TO:15084286528 P.1 s , CERTIFICATE OF LIABIUTY INSURANCE DATE IMK°'°NM 109/30/20QC SCRLEGEL t SCRLEGEL INSURANCE ONLY AND CONFERS NO RlGiiM UPON THE CERMCATE HOLDER. THIS CEIRTWICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THff POLICIES B&OW. 34 QAIN STREET RTE 28 NEST YARMOUTH, !A 02673 INSURERS AFFORDING COVERAGE NAICO MIiJElD u1sLo"A:WZSTZF4N WORLD Janos MC34orrow INSLgEAs:ZQRICH I F N CONSTRUCTION WSURERC. L7 CIRCLE DR saaATet a. lyannis, AA 02601 tee: COVERAGES .. THE POLICIES OF INSURANCE UBTFD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED SY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH POLICIES.AGGREGATE LIMTTS SHOWN MAY WAVE BEEN REDUCED BY PAID CLAIMS. lTE TYPlOPUIIAIANR POLXYWAWM OAIE CATEDUVWM LAM EENVALUAEun NPP925560 04/27/2005 04/27/2006 EAmo= 6300,000 X Cois ul.GENmftLpsL" PR8ESE8(Psamrwiot) *50,000 AAM MAN FX�oesLol Y00�Wyeivpoeq $5,000 PERSON&S ADv OLLM s 300,OOO G84MALAGORMTE $600,000 OWLAOGR YEUWTAPPUFSPM PxoO=B-COMPIOPAGG 8600,000 Pouer use AVTOMM L A2411Y AWAHO (bald"�OiEU1xr AU.OWNWAUTOE eoDA.r wuRr 1 cc"mx FDAvrOs MST®AUTOS - aoouxwtiRr � NO?40% WA OB O�+oddun PROPERTY 0rYa0AV4E 1 amv=uAEum AROOKY-EAACCOMIT S ANrAM FA AOC S .. OTI@R7HAN MHOM&NI. AGO $ mansa mu®LIUA m EACHOCOLAii D" S o=- CWIEMAOE AGGREGATE 1 oEoucTsal,e 1 rasranoN • 1 3 wolacphoolselAATIONANo 6ZZUB-7902BLO-1-65 06/28/2005 06/28/2006 X TWIYUN118 EW%D"WUAEAIIY —.._. Ar,PROPRIFfOROPARINSWCECUrIVE EL EACH ACC OM 1100 000 OBI EXCUA®7 ELM%A -EAaWLO EE /100,000 Enow.wav DES P SEE.�a+»-voulxuNn 13500,000 liC7f110Y OPCrHult0111 U�CA710M1 f V6ECtE!I Eltutlea111 AmI®BT,�IooRSEa1®sT/ES�6aALPEDtlI01O116 . VMS eR29C MIN 18 EXCLUDED 8A01i W.C. :MFICATE HOLM CANCEUAMON WSW Ln4WCELLZ SMU ANY OF THE AMM OESCMM POUCH EE CANCELM SOM IM VMUTM LSl SCHOOL STREET a►s TWE mw -as mum vmxam mL mw.AvoA To wL 21 OAVO lYleflEN :OTUXT, Mom► NOTICE TO WE CEIMWATE MOURN 1WI1® TO, TIE! WlJ EWT PALM To 00 ISO SMALL "ME NO MM7M aR UAKM-^ANT EM UPON 71B INFA 1. M AE M OR FAXN508-428-6528 A ACORD CORPORATIONJ I of� Town of Barnstable o Regulatory Services • Thomas F.Geiler,Director MASS Building Division s63q. �e '' ►tea Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town barnstablema•us Fax: 508-790-6230 Tice: 508-862-4038 HOMEOWNER LICENSE EXEMPTION ' Please Print JOB LOCATION• street village number 6L c t�Cr + ` ''H0ME0 "' �v� t home phone# work phone# name CURRENT MAILNG ADDRESS: , state � zip code city/town —s of six units or less and The current exemption for"homeowners"was extended to include owner-occupied dwelling ded tha the owner acts as to allow homeowners to engage an individual for hire who does not possess a license,p� supeMSOT. DEFINMON 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 constructsmore 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 MMOnstble for all such work performed under the b (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. , The undersigned"homeownez"certifies that he/she understands the Town of Barnstable Building Depart nmt minimum n procedures and requirements and that he will comply with said procedures and re y Signature of Homeowner Approval of Building Official ` Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION T he Code states that "Any homeowner perfomg work for wbich 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 persons)for hire to do such work,thafsuch Homeowner sball act as supervisor:' Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appdculwl Rules&Regoladons for Licensing Construction Supervisors,Section 2.15) This lack of awaren a Oft=u�,=. ied lt rio�problem, with a licensed wben the homeowner hires unlicensed persons- In this case,our Board.clMot proceed'against Supervisor. The homeowner acting as Supervisor is ultinstely responsible. To ensure that the homeowner is fully aware of bis/ber responsibilities,many cornmunides require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. you may case t amend and adopt such a fonst/certification for use in your community. •(�sa,,,.e•hAT�[eIIIDt 1 CUSTOMER COPY (508) 477-3132 '{* (800) 834.3132 m FAX (508) 477-4279 TWM:0 aecoue4 are doe and paytEla vimm 15 dap'albr day of allmi rr�a and are pat doe Idler 80 d•ya.Peesstt due acedaa�ere eu 1•a t 0111tlI C� C1IdR6E vdllefl s eo d e'PEAWDIC MTF 011 A% aua4h oNcb � Bowdoin Road, Mashpee, ARIA 02649 le el�I ITAe IR,OF 1B'IL or a 910ttIpAUbt�tF►ARME OF 60 Ln 1 Cum.The pumCbaTer adrem N pep all ask cl celleellaos is llwag maon- HAlUIE :ENTER CD Mailing Address: P.O.Box V, Ostervdie, MA 02655 �'�of ft'" 'a panel to rmmod• ip med rotams on hm a li% fimw�'p cep•aM must be eccamllsel by%aloe lop. IMma may be w rdutn•d Nter Is days Imm dale of Invoke. DELIVENUIR are made to eortdde.Any vN4lreet dallvary wilf be made aaly a1 N the pro"At fteer's specific requo wed all ilabliKV for domape ti personal peuprelry Ieefadlnp Eel aef BmBted to curbs,d�wevrala,aidemsfbs and lawn it aasumad of the popsft owner. CD m J .r. ,1. F. M. CONSTRUCTION 7 UU}�SST ►CT I£1tL @$ 618878 JAMEG MC:MCIRROW Tea 4� • M F(t3RR .: ... 17 CIRCLE DRIVE 17 CIRCLE DRIVE r yYA1VIV I S,` 1•iA Oc 601 _ �'c►D/2u 1�5 Y . i4YANNIS, MA � Z601 FAN#508--771-1608 13:94:40 f M.IF4E P' ,. - - - - "i, G- •I E N Cf _ I ate=•. - '-r , T N - L F' .0 - - •Pt_o x S F ,. <== �7�1� - - •HI17.. Q C 1 YJKJ - 06.`�C N -'U AM ME SEP. 50i1ZA,. GARY F'VC 1 t3ff3 y 4" 7 1/-4"X la, PVC/AZEK TRIM ACH k5.0�t RYIBI?ND & F-II. ADHESIVE/FILLER, ,._ 1 :�'1 c:. 53�1 RDL:L 12, ,.� 1 SAI i R ILL I #.*SPHAL f_ FELT +,�� ti. F. C 2ti. PR151� 4 F= ' i X 5 F•�tIMFD tic PINE lib' 4 •: 6. 57: R11t)lii=8c c E f�P'l 1 +( 4' X Fj"I�lAPJ1'IlC4;ET BEAADOARD 48. 750 EACH 97. SIi, INN CENTER PR.IMEI) WHITtE 0034632126 1 E D 5CH RECIP BLADES `:)" DEMO 1 �-s :,. 2190 Ep c::. 29 t'3. 990 EA 23.99 47-1191627 7 1 1 E k -E RMA-.-WH I T-E I N T. EGGSHELL -- 7, 893 F'C ?. g'� PP1610 1 F - i X ..6f PRIMED #2 PINE 10i f�PL ic1 1 H k X 12, PRIMED #2 PINE 16' k a 29. 462 PC 29. 46 PP 1126 1 P 1 X 1 c 1 ph trli_ #: I NIIi='r.: ' 1 ►13. 9314 PC 13.94 t'ri 1016 1 C 1 X 112� Pii!IMk} #�? I?TNT',:- t ' 1 23. tu94 PC i?3.6? 131Sri 1 ILL R-1 s', 3 5/8X15 KRAFT S k3 5C! I-T k c9. 496 ROLL 1c9.50 9 FCS 15"X94" O/C A70D -0 248 io R c 4 kD SPRUCE STUD 8 FT, 1� r. :. 0i a ��. 3�, k 3 G 1 P 5/8" CDX PLY5CORE 4X8 1 .-5. 349 C L5.35 rn SUBTOTAL c9 y� CUStpMER SALES TAX r ':'. -T•"' _:�,s:`3:ce T_ - '~ Q - : ^.�iGNATURE ERRORS OR DAMAGE MUST BE TEO AND CORRECTED ON RECEIPT OF GOODS. 15%NANCLING C"AIRC E ON ALL IT UA I L CUSTOMER COPY '- ,, " (508)477-3132 (800) 834-3132 f FAX(508)4774279 q::. ..- TERMS:AN 200un9t an due aad POWIt*MR 15 doff alter da.le et ANY I nd am pal Ww a1w 90 deri.Peel due aooma@ on ee 6�t Bowdoin Road, MashpEe. MA 02649 c►uRr.E la fa aged a"FMOIC RATE'ot1 . 'g� a. Ie ee =PERGENfAM RATE OF 1656 fr a MroHMUMI F1tgf?6E OF Ej0 C91><S.Tb dueeYaex earesa t•9aY all aeaA1 al m1laLiila�7feluNaM aaeart- ' Mailing Address: P.O.Box V, Osterville, MA 02655 saw aft Iieaa• HOW CANTER - Spanat aadW paella 000t Ae•naleaned. d reAtt�s Will kwe a 15% Aendli��Arr�arrd mat be eccem}aniely lea dip.•t10 Ye+n may as mtumed M 4W from daft at pnalan, r, OELIVEMS We made to cu Adde.Any afl-dre t dWlvwy willb4 atede anpr of ' IMe prop"r owner's apeattic mqua and an 118Qt11EP-bJt-�N 0 to peteoael Imp"ladadtnp but ad llmlaed Ie e911r.drwevdo,aY.l6deea��lUt�s ied htmt 1i aasamed by 1Ae fra/m""Meer. Me ?. F.M: CQN!aTRUCTIDN J. F.M. CONSTRUCTIONrft� vm -JAMES MCMORkew JAMES MCMORROW - 17 CIRC� . DRIVE 17 CIRI LE RI S'i>YANNIF M +D1 = Q90'real HYANNIS+ FAR MIKE M�0h26 -i + ^"i �: ��� - C=.3•+s= .y�: taisar�:c'-`�a�t " ";1£.:° ^•y ` �• - � INVOICE If -�. .was...... SLSP T ALOTKN CSKR:F'I.QT1 M b? ,� - -=-r-•z....- 'C IIVOE] 11�1atr'+-3k3 'E" C '� 34 [3 • i 3 " Dx PLVSC©RE 4X8 ,. _ i -c7. 145 PC .�;..� , 7. 1 3DL 1 " XTRA — WHITE ClzLAR SHINGLES ,c; .�5> ��0 NI)L l,!�+• • SOLES PER SQUARE ell .. �- 3 to e, LO N • T 3- 2 .75 � ;�: 3 .: - SUBTOTAL m '- =:: :r: y� 5. 0y sales Tax RS. 04 CHARGE ERRORS OR E UST�8 GOTED ANO CORRECTED ON RECEIPT Of GOODS. +e%HANDLING NAROE 4 AlL REM•RETU WED. 546. 79 e f • e f I� - i TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel Application# Health Division Conservation Division Permit# Tax Collector Date Issued Treasurer Application_Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Addre s C14- Village Owner �(' < Address Telephone i Permit Request CC 1 Square feet: 1 st floor:existing proposed 2nd floor:existing r� proposed _4(Z4__ Total Zoning.District Flood Plain <—"'7 Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: gYes ❑ No If yes, attach supporting.documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: es ❑No On Old King's Highway: El Yes ❑No Basement Type: Full *Crawl alkout Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing Half:existing new VOW=— - a,# Number of Bedrooms: existing Total Room Count(not including baths):existing new First Floor Room Count 1411 Heat Type and Fuel: �Gas ❑Oil ❑Electric 0 Other Central Air: ❑Yes OXo Fireplaces: Existing %J New Existing wood/coal stove; ❑Yes O 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 \LA No . If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO s SIGNATURE i DATE ' FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE , OWNER )) f 1 DATE OF INSPECTION: FOUNDATION E FRAME r INSULATION f f FIREPLACE i ELECTRICAL: ROUGH FINAL } ' � 1 PLUMBING: ROUGH FINAL 4 GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel ��/U Application# Health Division , Conservation Division Permit,#___, Tax Collector Date Issued Treasurer Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board G 1 I Historic-OKH Preservation/Hyannis Project Street Address Village Owner �Z% IQ�sI,l i✓�'zrx��=�' Address Telephone. Permit Request / ':�� l D f� CSC G� `7 J _A1 -)Jo-7 en Square feet: 1 st floor:existing proposed / 1 2nd floor:existing ' proposed NA Total'i ew Zonin District Flood Plain ,�/'g � Groundwater Overlay / Y� TP Project Valuation Construction Type ,, ° , Lot Size ` <s C �'/� Grandfathered: .©`Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) '/'(�7 A -- Age of Existing Structure ZOal� Historic House: 10 Y� ❑No On Old King's Highway: ❑Yes ❑No •J Basement Type: )O:Full ,0 Crawl Jb,Walkout ; ,Other (..d Basement Finished Area(sq.ft.) ,Basement Unfinished Area(sq,ft) Number of Baths: Full:existing J `f -new,_ � �' Half:existing new Number of Bedrooms: existing Total Room Count(not including baths):existing r new First Floor Room Count Heat Type and Fuel: W Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes o.No Fireplaces:❑ Existing k— New Existing wood/coal stove: ❑Yes b No /!� Detached garage:❑existing new size �//, i� Pool:O existing ❑newsize Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization U. Appeal# Recorded❑ -Commercial:.Cl Yes Q No ., If yes, site plan review#:_ Current Use Proposed Use 4 BUILDER INFORMATION Name Telephone Number Address '= License# Home Improvement Contractor# ' Worker's Compensation# - 4 ALL CONSTRUCTION_DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO t SIGNATURE / .�/�fs/ /(_ '" DATE /� ' FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME I INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. r t octKE r Town of Barnstable ti Regulatory Services = ant�MA�t E Thomas F.Geiler,Director q.9apA i63 ,0� rfn Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Jan.Mary et ZB Jeffrey Lauzon Building Inspector -Town of Barnstable Regulatory Services Building Division 200 Main St Hyannis,Ma 02061 Re: 181 School St., Cotuit To Whom It May Concern: The following shall represent an overview of the events and circumstances resulting in the fines assessed to Susan Limoncelli, 181 School St.,Cotuit: 08729-05 Letter sent to Susan Limoncelli by Linda Edson explaining violation of Ordinance 240-14(A)and how to bring the property into compliance. 09-23-05 Second letter sent to Susan Limoncelli byLinda Edson again informing of the violation and issuing a deadline of October 7, 2005 to bring the property into compliance or be subject to fines. 09-26-05 Site inspection.by Jeffrey Lauzon(local inspector)revealed work being done to the property without the benefits of a building permit. Specifically interior renovations and front door replacement to the building in violation. Stop work was posted. 10-03-05. Letter received by this office dated September 30, 2005 by David Burgess(representing Susan Limoncelli). The letter, among other statements,requested additional time to research the options and requested that the stop work be lifted.Also included was a copy of a letter by Susan Limoncelli to the Town Clerk requesting copies of certain public records.Dated September 30,2005. 10-19-05 E-mail sent to Tom Perry by Albert Russo outlining a telephone conversation with attorneys Michael Ford and David Burgess. Expected to have a plan by November 1,2005. 10-21-05 Building permit issued(#87796)to replace and repair front door and rotted wood of building in violation. The understanding being that steps,were being taken to bring the building into compliance. 11-21-05 Final inspection done on permit#87796. 12-09-05 Roof permits issued(#88945,88946)for main house and building in violation. Still no progress on bringing the building into compliance. 06-16-06 Site inspection by Robert McKechnie(local inspector)revealed work being done without the benefits of a building permit. Specifically deck being replaced. 06-20-06 Building permit issued(#20061337)to replaceback deck. 07-17-06:Building permit issued(#20061753)to repair front porch. 10-03-06 Ticket issued to Susan Limoncelli for violation of Ordinance 240-14(Two single-family homes on one property.inRF district) Sincerely: �I>\ 15 �pob C ABBREVIATIONS ELECTRICAL NOTES JURISDICTION NOTES A AMPERE 1. THIS SYSTEM IS GRID—INTERTIED VIA A AC ALTERNATING CURRENT UL—LISTED POWER—CONDITIONING INVERTER. BLDG BUILDING 2. THIS SYSTEM HAS NO BATTERIES, NO UPS. CONC CONCRETE 3. A NATIONALLY—RECOGNIZED TESTING DC DIRECT CURRENT LABORATORY SHALL LIST ALL EQUIPMENT IN EGC EQUIPMENT GROUNDING CONDUCTOR COMPLIANCE WITH ART. 110.3. (E) EXISTING 4. WHERE ALL TERMINALS OF THE DISCONNECTING EMT ELECTRICAL METALLIC TUBING MEANS MAY BE ENERGIZED IN THE OPEN POSITION, FSB FIRE SET—BACK A SIGN WILL BE PROVIDED WARNING OF THE GALV GALVANIZED HAZARDS PER ART. 690.17. GEC GROUNDING ELECTRODE CONDUCTOR 5. EACH UNGROUNDED CONDUCTOR OF THE GND GROUND MULTIWIRE BRANCH CIRCUIT WILL BE IDENTIFIED BY HDG HOT DIPPED GALVANIZED PHASE AND SYSTEM PER ART. 210.5. I CURRENT 6. CIRCUITS OVER 250V TO GROUND SHALL Imp CURRENT AT MAX POWER COMPLY WITH ART. 250.97, 250.92(B). Isc SHORT CIRCUIT CURRENT 7. DC CONDUCTORS EITHER DO NOT ENTER kVA KILOVOLT AMPERE BUILDING OR ARE RUN IN METALLIC RACEWAYS OR kW KILOWATT ENCLOSURES TO THE FIRST ACCESSIBLE DC LBW LOAD BEARING WALL DISCONNECTING MEANS PER ART. 690.31(E), MIN MINIMUM 8. ALL WIRES SHALL BE PROVIDED WITH STRAIN (N) NEW RELIEF AT ALL ENTRY INTO BOXES AS REQUIRED BY NFUT NEUTRAL UL LISTING. NTS NOT TO SCALE 9. MODULE FRAMES SHALL BE GROUNDED AT THE OC ON CENTER UL—LISTED LOCATION PROVIDED BY THE PL PROPERTY LINE MANUFACTURER USING UL LISTED GROUNDING POI POINT OF INTERCONNECTION HARDWARE. PV PHOTOVOLTAIC 10. MODULE FRAMES, RAIL, AND POSTS SHALL BE SCH SCHEDULE BONDED WITH EQUIPMENT GROUND CONDUCTORS. S STAINLESS STEEL STC STANDARD TESTING CONDITIONS TYP TYPICAL UPS UNINTERRUPTIBLE POWER SUPPLY V VOLT VOLTAGE AT MAX Vocp VOLTAGE AT OPENPOWE CIIRCUIT VICINITY MAP INDEX W WATT 3R NEMA 3R, RAINTIGHT PV1 COVER SHEET PV2 PROPERTY PLAN • PV3 SITE PLAN PV4 STRUCTURAL VIEWS LICENSE GENERAL NOTES PV5 STRUCTURAL VIEWS PV6 THREE LINE DIAGRAM GEN #168572 1. ALL WORK TO BE DONE TO THE 8TH EDITION X Cutsheets Attached ELEC 1136 MR OF THE MA STATE BUILDING CODE. 2. ALL ELECTRICAL WORK SHALL COMPLY WITH • • THE 2014 NATIONAL ELECTRIC CODE INCLUDING MASSACHUSETTS AMENDMENTS. , MODULE GROUNDING METHOD: ZEP SOLAR AHJ: Barnstable REV BY DATE COMMENTS REV A NAME DATE COMMENTS UTILITY: NSTAR Electric (Cambridge Electric Light) • ' PREMISE OWNER: DESCRIPTION: DESIGN: CONFIDENTIAL — THE INFORMATION HEREIN dOBNDMBER: JB-026697 00 LIMONCELLI, SUSAN LIMONCELLI RESIDENCE Regina Tourino \\`�• CONTAINED SHALL NOT E USED FOR THE 'I1\�OI���+I�� NOR SHALL OF ANYONE EXCEPT IN MOLE INC., MOUNTING SYSTEM: 6.375 K W P V ARRAY /•� (` NOR SHALL IT BE DISCLOSED IN WHOLE OR IN Cam Mount Type G 181 SCHOOL ST PART TO OTHERS OUTSIDE THE RECIPIENT'S p � ORGANIZATION, EXCEPT IN CONNECTION WITH MODULES: COTUIT, MA 02635 THE SALE AND USE OF THE RESPECTIVE (25) CANADIAN SOLAR # CS6P-255PX 24 St. Martin Drive,Building 2, Unit 11 SOLARCITY EQUIPMENT, WITHOUT THE WRITTEN INVERTER: PAGE NAME: SHEET REV: DATE: Marlborough. MA 01752 PERMISSION OF SOLARCITY INC. 508 274-1051 T: (650)638-1028 F: (650) 638-1029 SOLAREDGE SE5000A—USOOOSNR2 COVER SHEET PV 1 12/12/2014 (888)—SOL—CITY(765-2489) www.solarcity.com 181 School S (E)DRIVEWAY s PROPERTY PLAN N Scale:l" = 10'-0' W E 0 10, 20' S PREMISE OWNER: DESCRIPTION: DESIGN: CONFIDENTIAL— THE INFORMATION HEREIN JOB NUMBER: \\`!,SolarCity. CONTAINED SHALL NOT INFORMATION USED FOR THE JB-026697 00 LIMONCELLI, SUSAN LIMONCELLI RESIDENCE Regina Tourino BENEFIT OF ANYONE EXCEPT SOLARCITY INC., MOUNTING SYSTEM: oj,� NOR SHALL IT BE DISCLOSED IN WHOLE OR IN Comp Mount Type C 181 SCHOOL ST 6.375 KW PV ARRAY PART TO OTHERS OUTSIDE THE RECIPIENT'S COTUIT, MA 02635 MooD ORGANIZATION, EXCEPT IN CONNECTION WITH 24 St.Martin Drive,Building 2,Unit 11 THE SALE AND USE OF THE RESPECTIVE (25) CANADIAN SOLAR # CS6P-255PX PAGE NAME: SHEET: REµ DATE Marlborough,MA 01752 SOLARCITY EQUIPMENT, WITHOUT THE WRITTEN INVERTER: T: (650)638-1028 F: (650)638-1029 PERMISSION OF SOLARCITY INC. SOLAREDGE SE5000A—USOOOSNR2 (508) 274-1051 PROPERTY PLAN PV 2 12/12/2014 (aBa}-soL-aTY(765-2489) www.solarcity.com Y PITCH: 37 ARRAY PITCH: 37 MP1 AZIMUTH:2.59 ARRAY AZIMUTH:259 _ MATERIAL: Comp Shingle STORY: 2 Stories 1 PITCH: 25 ARRAY PITCH:25 MP2 AZIMUTH:259 ARRAY AZIMUTH:259 MATERIAL:Comp Shingle STORY: 1 Story 181 School S R PITCH: 25 ARRAY PITCH:25 MP3 AZIMUTH:79 ARRAY AZIMUTH:79 MATERIAL:Comp Shingle STORY: 1 Story PITCH: 40 ARRAY PITCH:40 Front Of House MP4 AZIMUTH: 169 ARRAY AZIMUTH: 169 (E)DRIVEWAY MATERIAL: Comp Shingle STORY: 2 Stories PITCH: 37 ARRAY PITCH:37 MP5 AZIMUTH:79 ARRAY AZIMUTH:79 r MATERIAL: Comp Shingle STORY: 2 Stories O , T. Inv LEGEND Zt (E) UTILITY METER & WARNING LABEL Ins INVERTER W/ INTEGRATED DC DISCO & WARNING LABELS fi EED DC . DC DISCONNECT & WARNING LABELS W3 MP4 AC g AC DISCONNECT & WARNING LABELS s N a DC JUNCTION/COMBINER BOX & LABELS E - DISTRIBUTION PANEL & LABELS TRUCTU - - - - UCTURE 12/12/2014 M CHANGE G CHANGE LD LOAD CENTER & WARNING LABELS A YH STq� W M O -DEDICATED PV SYSTEM METER el 0 1 i � ON 1 Zi,9 Q STANDOFF LOCATIONS. w P: r? g K_ CONDUIT RUN ON EXTERIOR o --- CONDUIT RUN ON INTERIOR 1 CIVIL o�a GATE/FENCE No. HEAT PRODUCING VENTS ARE RED TEM O2 r,-_-I RARY P PERMIT INTERIOR EQUIPMENT IS DASHED MASSACHUSETTS 2014-113-PE - Digitally signed,by Nick Gordon qw SITE PLAN N Date:2014.12)2-10:20:41 -08-00' Scale: 3/32" = 1: w E . 01, 10' 21' S CONFIDENTIAL— THE INFORMATION HEREIN JOB NUMBER: I R PREMISE OWNER: DESCRIPTION: DESIGN: CONTAINED SHALL NOT BE USED FOR THE —0 2 6 6 9 7 0 0 ��, ■ LIMONCELLI, SUSAN LIMONCELLI RESIDENCE Regina Taurino !�Olar�'�� BENEFIT D ANYONE EXCEPT SD FOR INC., MOUNTING SYSTEM: -.�� NOR SHALL IT BE DISCLOSED IN WHOLE OR IN Comp Mount Type C 181 SCHOOL ST 6.375 KW PV ARRAY rr r. PART IZ OTHERS OUTSIDE THE RECIPIENTS MODULES: - COTUIT, MA 02635 - ORGANIZATION, EXCEPT IN CONNECTION WITH THE SALE AND USE OF THE RESPECTIVE (25) CANADIAN SOLAR # CS6P-255PX 24 St. Martin Drive, Building 2, Unit 11 SOLARCITY EQUIPMENT, WITHOUT THE WRITTEN PAGE NAME SHEET: REV: DATE Marlborough, MA 01752 INVERTER: PERMISSION of soLARaTY INC. SOLAREDGE SE5000A`us000sNR2 (508) 274-1051 SITE PLAN PV 3, 12/12/2014 (888�SOL'g1Y(76582a69)65www da citycom �12/12/2014 G R• R �P �. S1 (E) 3/4"x5-1/2" o I o S 1 r ON z j � P: l5 fo CIVIL 4 1' 91'-11" ol �No. 2 23 V(E) (E) LBW TEMP; Y PERMITBW SIDE VIEW OF MP1 NTS MASSACHUSETTS2014-113-PE B SIDE VIEW OF MP2A NTS A MP2A X-SPACING X-CANTILEVER Y-SPACING Y-CANTILEVER NOTES MP1 X-SPACING X-CANTILEVER Y-SPACING Y-CANTILEVER NOTES LANDSCAPE 56" 24" STAGGERED LANDSCAPE 52" 24" ISTAGGERED PORTRAIT 56" 20° PORTRAIT 26" 17° ROOF AZI 259 PITCH 37 ARRAY AZI 259 PITCH 25 RAFTER 2"X4" @ 28" OC ROOF AZI 259 PITCH 25 STORIES: 1 RAFTER 2"x5° @ 26" OC ARRAY AZI 259 PITCH 37 STORIES: 2 C.J. 2"x4" @28"OC Comp Shingle C.J. 3/4"x7-1/4" @26"OC Comp Shingle PV MODULE 5/16" BOLT WITH LOCK INSTALLATION ORDER & FENDER WASHERS LOCATE RAFTER, MARK HOLE 51 ZEP LEVELING FOOT (1) LOCATION, AND DRILL PILOT (E) 3/4"x5-1/2" ZEP ARRAY SKIRT (6), HOLE. ITH (4) (2) POLYURETHANESEAL PILOT OSEALE WANT. > ZEP COMP MOUNT C - - - ZEP FLASHING C (3) (3) INSERT FLASHING. 0 5'-9" 3'-8" (E) COMP. SHINGLE (1) (4) PLACE MOUNT. (E) LBW (E) ROOF DECKING U (2) INSTALL LAG BOLT WITH SIDE VIEW OF MP3B NTS 5/16" DIA STAINLESS (5) (5) SEALING WASHER. E STEEL LAG BOLT LOWEST MODULE SUBSEQUENT MODULES C(6) INSTALL LEVELING FOOT WITHWITH SEALING WASHER MP3B X-SPACING X-CANTILEVER Y-SPACING Y-CANTILEVER NOTES _ (2-1/2" EMBED, MIN) BOLT & WASHERS. LANDSCAPE 56" 24° STAGGERED PORTRaL (E) RAFTER T 56" 20" , S1 STANDOFF " " ARRAY AZI 79 PITCH 25 79 PITCH 25 STORIES: 1 RAFTER 2 x4 @ 28 OC C.J. 2"x4" @28"OC Comp Shingle CONFIDENTIAL— THE INFORMATION HER J B-0 2 6 6 9 7 00 PREMISE OWNER. DESCRIPTION: DESIGN: HERON JOB NUMBER: Regina TOUFInO � CONTAINED SHALL NOT BE USED FOR THE LIMONCELLI, SUSAN LIMONCELLI RESIDENCE 9 �:SO�a�C��ty BENEFIT OF ANYONE EXCEPT SOLARCITY INC., MOUNTING SYSTEM: ;0 1 NOR SHALL IT BE DISCLOSED IN WHOLE OR IN Comp Mount Type C 181 SCHOOL ST 6.375 KW PV ARRAY PART TO OTHERS OUTSIDE THE RECIPIENT'S MODULES COTUIT, MA 02635 ORGANIZATION, EXCEPT IN CONNECTION WITH 24 St Martin Drive,Building 2,Unit 11 THE SALE AND USE OF THE RESPECTIVE (25) CANADIAN SOLAR # CS6P-255PX SHEET: REN. DATE Marlborough,MA 01752 SOLARCITY EQUIPMENT, WITHOUT THE WRITTEN INVERTER: PAGE NAME T.. (650)638-1028 F. (650)638-1029 PERMISSION of SOLARCITY INC. SOLAREDGE SE5000A-USOOOSNR2 (508) 274-1051 STRUCTURAL VIEWS PV 4 12/12/2014 (888)—SOL-CITY(765-2489) www.solarcity.com Y S1 ��G•. s12/12/2014 Ar f I ON z P. is c� CIVIL 1' 10' TEMPORARY PERMIT (E) LBW a. + MASSACHUSETTS 2014-113-PE G , SIDE VIEWa OF M P5 NTS t ` . MP5 X-SPACING X-CANTILEVER Y-SPACING Y-CANTILEVER NOTES - LANDSCAPE 52" 24" STAGGERED PORTRAIT 26" 17" RAFTER • 2"X5" @ 26° OC ROOF AZI 79 .. PITCH 37 STORIES: 2 ` ARRAY AZI 79 PITCH 37 C.J. 2"x5"@26"OC Comp Shingle PV MODULE 5/16" BOLT WITH LOCK INSTALLATION ORDER & FENDER WASHERS LOCATE RAFTER, MARK HOLE ZEP LEVELING FOOT (1) LOCATION, AND DRILL PILOT ZEP ARRAY SKIRT (6) HOLE. SEAL PILOT HOLE WITH (4) (2F POLYURETHANE SEALANT. ZEP COMP MOUNT C ZEP FLASHING C (3) (3) INSERT FLASHING. _. (E) COMP. SHINGLE (E) ROOF DECKING U .(2) Q5) , INSTALL-LAG BOLT WITH 5/16" DIA STAINLESS (5) r"` SEALING WASHER.' STEEL LAG BOLT LOWEST MODULE SUBSEQUENT MODULES';. INSTALL LEVELING FOOT WITH• WITH SEALING WASHER (6) BOLT & WASHERS:. (2-1/2" EMBED, MIN) (E) RAFTER STANDOFF S1 Scale: 1 1/2 = 1' CONFIDENTIAL- THE INFORMATION HEREIN FINVERTER: I �j C� PREMISE OWNER: DESCRIPflON: DESIGN: CONTAINED SHALL NOT BE USED FOR THE "B—O 2`�6"7 00 �\\ ■ LIMONCELLI, SUSAN LLMONCELLI RESIDENCE Regina Taurino ?°S.OIC.Ir���y BENEFIT OF ANYONE EXCEPT SOLARCITY INC., MOUNTINGM: _ NOR SHALL IT BE DISCLOSED IN WHOLE OR INunt Type C 181 SCHOOL ST 6:375 KW PV ARRAY PART TO OTHERS OUTSIDE THE RECIPIENT'S ��� ORGANIZATION, EXCEPT IN CONNECTION WITH COTUIT, MA 02635 THE SALE AND USE OF THE RESPECTIVE ADIAN SOLAR "# CS6P-255PX 24 St.Martin Drive,Building 2,Unit 11 SHEET- MA 01 752 EQUIPMENT. WITHOUT THE WRITTEN A NAME: EEL Marlborau h, E PAGE RC ITY 0 REV: 9 SOLARCITY OATS _ -10PERMISSION Of SOLARCITY INC. 508 274-1051 T: (sso)s38 ao2e F: (sso) 638 29 GE SE5000A—USOOOSNR2 ) STRUCTURAL VIEWS PV 5 - 12/12/2014 (BBB)- CITY—arr(7es-2a89) wwwsolardtyoom GROUND SPECS MAIN PANEL SPECS GENERAL NOTES INVERTER SPECS MODULE SPECS LICENS BOND (N) #8 GEC TO TWO (N) GROUND Panel Number:BR404OB200 Inv 1: DC.Ungrounded INV 1 -(1)SOLAREDGE#SE5000A-USOOOSNR? LABEL: A -(25)CANADIAN SOLAR_.# CS6P-255PX GEN #168572 RODS AT PANEL WITH IRREVERSIBLE CRIMP Meter Number:43950057 Inverter; 50 OW, 240V, 97.57o; w Unifed Disco and ZB,RGM,AFCI PV Module; 255W 234.3W PTC, 40mm, Ano Blk Frame, H4, ZEP, 600V ELEC 1136 MR Overhead Service Entrance INV 2 Voc: 37.4 Vpmox: 30.2 INV 3 1 Isc AND Imp ARE SHOWN IN THE DC STRINGS IDENTIFIER �E 200A MAIN SERVICE PANEL SolarCity E; 20OA/2P MAIN CIRCUIT BREAKER Inverter 1 (E) WIRING CUTLER-HAMMER I4 p` 1 - - - - 200A 2P Disconnect s SOLAUS0O0 DC+ MP2,1x12 5: / SE5000A-USOOOSNR2 - °G 1x12 (E) LOADS B u zaov r--------- ------------ -------- - EGc------------------� I . P L2 7 pC+ I I ~- N DG I 3 2 TZ 30A/2P jAj GND ------------------------------------- -GEC TN pG pGMPl: 1x13 I EGC --------- ------- ------ ---�---- -- -- ----- - --*� I I (1)Conduit Kit; 3/4" EMT N - _J o EGCIGEC_ z its � I I I I `- GEC TO 120/240V I I SINGLE PHASE I I UTILITY SERVICE i I I I I I ' I I - I I I I PHOTO VOLTAIC SYSTEM EQUIPPED WITH RAPID SHUTDOWN Voc* = MAX VOC AT MIN TEMP POI (1)CUTLER-HAMM BR230 PV BACKFEED BREAKER B (1 CUTLER-HAMMER #DG221URB /fj A (1)SolarCityy pp 4 STRING JUNCTION BOX DC Breaker, 30A7P, 2 Spaces Disconnect; 30A, 24OVac, Non-Fusible, NEMA 3R /"� 2x2 STRMGS, UNFUSED, GROUNDED -(2)Ground Rod; 5/8" x 8', Copper -(1)CUTLER- AMMER N D0030N6 P\/ Ground�Neutral it; 30A, General Duty(DG) Y �5)SOLAREDGE300-2NA4AZ5 PowerBox Uptimizer, 30OW, H4, DC to DC, ZEP nd (1)AWG #6, Solid Bare Copper -(1)Ground Rod; 5/8" x 8', Copper (N) ARRAY GROUND PER 690.47(D). NOTE: PER EXCEPTION NO. 2, ADDITIONAL ELECTRODE MAY NOT BE REQUIRED DEPENDING ON LOCATION OF (E) ELECTRODE 1 AWG #10, THWN-2, Black N (1)AWG#10, THWN-2, Black Voc* =500 VDC Isc =15 ADC (2 AWG #10, PV WIRE, Black Voc* =500 VDC Isc 15 ADC f 1 AWG 0 THWN-2 Red '4 (1)AWG#10, THWN-2, Red Vmp =350. VDC Imp=9.35 ADC 1 (1)AWG#6, Solid Bare Copper EGC Vmp =350 VDC Imp=8.63 ADC 3 5 c ) � 0� O (1)AWG#10, THWN-2, White NEUTRAL Vmp =240 VAC Imp=20.83AAC O (1)AWG#10, THWN72,.Green, . EGC. . . . . . .* . . . . . . . . . . . . . . . . . . . . . . 1 Conduit Kit 3 4 EMT (1)AWG 10, TIiW1J-2, Black Voc =500 VDC Isc =15 ADC (2)AWG#10, PV WARE, Black Voc* =500 VDC Isc =15 ADC .. . . . . . . �1)AWG#8,.THWN.2,.Green - . EGC/GEC. .(.) . gout Ki.. ./. . . . . . . . . . . . .. # ® (1)AWG#10, THWN-2, Red Vmp =350 VDC Imp=8.63 ADC 2 (1)AWG #6, Solid Bare Copper EGC Vmp =350 VDC Imp=9.35 ADC (�)AWG$10, TIiWN-2..Green-- EGC. .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . w. . . . . .. . . . . . . ... . .. CONFIDENTIAL- THE INFORMATION HEREIN JOB NUMBER: �J g-0 2 6 6 9 7 00 PREMISE OWNER: DESCPoPiION: DESIGN:. CONTAINED SHALL NOT BE USED FOR THE LIMONCELLI, SUSAN LIMONCELLI RESIDENCE Regina Taurino SolarCity. NBENEFIT OF OR SHALL IT BEDISCLO SED ED IN WHOLE ORARCITY CIN MOUNTING SYSTEM: 181 SCHOOL ST 6.375 KW PV ARRAY ��4% m PART TO OTHERS OUTSIDE THE RECIPIENTS Comp Mount Type C AND USE OF THE RESPECTIVE (25) CANADIAN SOLAR # CS6P-255PX ORGANIZATION, EXCEPT IN CONNECTION WITH MODULES THE SA COTUIT, MA 02635 LE 2a St. Marna Drive,Building Unit 11 SOLARGTY EQUIPMENT;WITHOUT THE WRITTEN PAGE NAME SHEEP. REV DATE T.. (650)Marlborough,38-1028 F A(650)01 2 638-1029 PERMISSION OF SOLARCITY INC. �VERIER. 508 274-1051 SOLAREDGE SE5000A-USOOOSNR2 � � THREE LINE DIAGRAM 12/12/2014 (88e)-soL-CITY -2ae9) www.salarcltycam WARNING:PHOTOVOLTAIC POWER SOURCE WARN-I-N-G :_ - --WA R N I N-G-- •. ELECTRIC SHOCK HAZARD •• ELECTRIC SHOCK HAZARD •. DO NOT TOUCH TERMINALS THE DC CONDUCTORS OF THIS •- • • TERMINALS ON BOTH LINE AND PHOTOVOLTAIC SYSTEM ARE LOAD SIDES MAY BE ENERGIZED UNGROUNDED AND PHOTOVOLTAIC DC ••_ IN THE OPEN POSITION MAY BE ENERGIZED DISCONNECT - •,� • - • WARNING MAXIMUM POWER-=A INVERTER OUTPUT •• POINT CURRENT(Imp) ••- CONNECTION • MAXIMUM POWER-_V •' DO NOT RELOCATE POINT VOLTAGE(Vmp) THIS OVERCURRENT MAXIMUM SYSTEM V DEVICE VOLTAGE(Voc) SHORT-CIRCUIT A CURRENT(Isc) PHOTOVOLTAIC POINT OF .• •- • • INTERCONNECTION *s_ • WARNING WARNING: ELECTRIC SHOCK •. •. HAZARD. DO NOT TOUCH ••'ELECTRICAL SHOCK HAZARD TERMINALS.TERMINALS ON •• BOTH THE LINE AND LOAD SIDE DO NOT TOUCH TERMINALS MAY BE ENERGIZED IN THE OPEN TERMINALS ON BOTH LINE AND POSITION. FOR SERVICE LOAD SIDES MAY BE ENERGIZED DE-ENERGIZE BOTH SOURCE IN THE OPEN POSITION AND MAIN BREAKER. DC VOLTAGE IS PV POWER SOURCE ALWAYS PRESENT WHEN MAXIMUM AC SOLAR MODULES ARE OPERATING CURRENT A EXPOSED TO SUNLIGHT MAXIMUM AC OPERATING VOLTAGE ® V WARNING • - • ELECTRIC SHOCK HAZARD •.; CAUTION IF A GROUND FAULT IS INDICATED PHOTOVOLTAIC SYSTEM NORMALLY GROUNDED CIRCUIT IS BACKFED CONDUCTORS MAY BE UNGROUNDED AND ENERGIZED ' - CAUTION '• PHOTOVOLTAIC AC • DUAL POWER SOURCE ••- ' • DISCONNECT •'- SECOND SOURCE IS •.� - • PHOTOVOLTAIC SYSTEM • •• • :• MAXIMUM AC _ A OPERATING CURRENT MAXIMUM AC •• , OPERATING VOLTAGE V •inm nuwa•■m ON SC Label nwnnnmm�umi•�nm�•,i•innumw• v all• ® mama:• a unoimwnnnuuuuwnnuuni• SolarCity SleekMountTM - Comp SolarCity SleekMountTM - ' Comp The SolarCity SleekMount hardware solution •Utilizes Zep Solar hardware and UL 1703 listed �a.'" --��; '` Installation_Instructions is optimized to achieve superior strength and Zep CompatibleTM modules p p g 1 Drill Pilot Hole of Proper Diameter for roof disruption an d aesthetics while minimizing , p •Interlock and grounding devices in system UL labor.The elimination of visible rail ends and listed to UL 2703 Fastener Size Per NDS Section 1.1.3.2 mounting clamps, combined with the addition Seal pilot hole with roofing sealant of array trim and a lower profile.all contribute •Interlock and Ground Zep FTL listed to UL 1703 to a more visually appealing system.SleekMount as"Grounding and Bonding System" Insert Comp Mount flashing under upper TM �l layer of shingle utilizes Zep Compatible modules with •Ground Zep UL and ETL listed to UL 467 as strengthened frames that attach directly to grounding device � 0 Place Comp Mount centered . Zep Solar standoffs,effectively eliminating the need for rail and reducing the number of •Painted galvanized waterproof flashing T _ upon flashing standoffs required. In addition, composition •Anodized components for corrosion resistance ©5 Install lag pursuant to NDS Section 11.1.3 shingles are not required to be cut for this with sealing washer. system, allowing for minimal roof disturbance. •Applicable for vent spanning functions ✓" © Secure Leveling Foot to the Comp Mount - using machine Screw 7O Place module Components 5/16"Machine Screw ©B Leveling Foot © Lag Screw ©D Comp Mount o Q Comp Mount Flashing 0 0� C�pSPAPB� ��►1j��SolarCity® January 2013 LISTED ��� SolarCity. January 2013 )I� • a � a , a S� a r'=@@SO j a r' ' • • Sol&Ed' Power Optimizer -. Module Add-On for North America P300 / P350 / P400 . SolarEdge Power Optimizer r w _ _ -, .`.. ..,. f+�y``�'.a," ,,,xx„..,X '�. r 'i?..300.�" 'fro Ev"' P350 � e P400''` Module Add-On For North America, ' (for 6oceIIP « ' (for,2-�eIIP� (for96�eIIPV } ba`s' „modules), .fs�} "r„ modules) �,".'modules).. P300' P350 P400 fwPUT E / Y / Rated Input.DC Poweru' -d 300 -350 400 W Absolute Maximum.InRut Voltage.(Voc at l.owest Temperature.) 48_.. ... ......... .. .. .... .... ''MPPT Operating,Range - ..8-48, 8-60r r 8-80 Vdc... Maxlmum Short Orcun Current(Jsc)4 10 Adc - ........ .... ... - '4.. Maxim um Df Input Current.;: -�' �12.5 - Adc _ Maxlmum Efficiency .. - 995 %. 98 8 %.. - .. { f Weighted Efficiency.- ... Overvoltage Category ..II... OUTPUT-DURING OPERATION(POWER OPTIMIZER CONNECTED.TO OPERATING INVERTER) " " x ', - -' ,r r Maxlmum Output Curreht - IS Maximum Output Voltage ..' ..... :.... ....... ... .. 60.�. .. ...... - r lOUTPUT DURING.STAND lf(POWER OPTIMIZER DISCONNECTED FROM-INVERTER OR INVERTER OFF)44V'``l'2 -" - " :. .. r .,.. ; Power Optimizer Safety Output Voltage per z STANDARD COMPLIANCE- ..;`.:'•—'sSIi.'�:'s L°-. s,Liti, ... X-ir.t='"6':":''a:,:,:gr 3: »,,.:3C'. ,r.:• „ f�a n''. -f^ %f' - .� EMC 1 FCC Part15 Class B IEC63000 6 2,IEC61000 6 3 IEC621091(class Ifsafety),LL1744 < RoHS ° Yes.. - .,. INSTALLATION SPECIFICATIONS l`'":o�wq -"r k.."-+'^'+f� `.'"ts.' t' e",s"W``s'r'..: 5r'"." C'.aL.fi•!_.`. F?Nwaa'�?€: '..*s &..: 'z Maximum Allowed System Voltage' 1000 Vdc-... Dimensions(Wx Lx H) 141 x 212 x 40.5/5.55 x8.34 x 1.59 ,mm/in - s Weight(including'cables) .. 950/2.1 ..... ..r'/Ib; 1 .... .. ... .. .. Input Connector . ... ..... ..::.... .......�... ....� Output,Wire Type/Connector. Dou'blel sulated;Amphenol: s Output Wire.Length a 095/3D 12/39 m./ft 2-s:y`d fi fw ...... ......................................... .. - .. -. e:° - .,,. > r.,� ,j - + -•;" Operating Temperature Range 40-+85/40 185 - C/•F Rafing IP65/NEMA4. 0 Relative Humidity :. `T O 300 %. - :- esrcpo a. osz rai ea z •._ , ' ro,. < y ,. ._ .,, v; �p wbi'rzrs 'i aiT"4re- ..-,.;._ p..r.,r.�„ �S . - - : - - '_•"" PV'SYSTEM DESIGN USING A SOLAREDGE'`a `3'w' :. 'I sx s•;:� w �,-'* , 'p"SINGLE PHASE ,en E 'CE-, P :.. 3. :.. _ �::.k_ . .,, jINVERTER ..°rk'sxk wv, '�x .•":. ,telt; ,,. ,.m,�. PHASE '�S.T'`H�'R'•`480V .:..' c,,:.'.+t 208V:s.. u n „rx. .. a PY pOWE!r OFIt11T11ZailOR 8t LI1E!rT10CIU)2-(eVE!) - "' .. . . k - -.' +I MmlmumStnngLength(PowerOptimlzers) �.. r -g - ,10 -18 - 1 -, ... - .: •`. - -. - >':�.._r Maximum Siring Len[h(Power O'timaers 25 --25-° 50 a Up to 25%more energy ." . .. �r -u, * s, s. g f?. )..- ........ .... - _ .,Maximum Power per.Stnng .`^f .. "5250 6000� 12750 .,W. .. Superior efficiency(99.5%) - •.. . _.. .. .... .. .. ...- ...a ParallefStnngs of Different Lengths or Onentations - " Yes - - - — Mitigates all types of module.mismatch losses,from manufacturing tolerance to partial "'""' "' - g, .p g - ,, .. . •' .Flexible system design for maximum space utilization ^, - d. - ^• r,t ^e,t`,', ;*y.,.,: T P . . .ry , Fast installation with a single bolt Next generation maintenance with module-level monitoring _ _ r ,,; '+ a ,• -- a - Module-level voltage shutdown for installer and firefighter safety USA - GERMANY, 1TALY FRANCE 'JAPAN CHINA 'V ISRAEL- AUSTRALIA WWW.SOId f2CI$B.U9 r 3' Par - .x - <. .> =9e SQ aI' ' • • Single Phase Inverters for North America SQ'ar SE760OA-US/SE1000OA-US//SSE1 0OA-USSE6000A US/ - SE3000A-US SE380OA-US SESOOOA-US SE6000A-US I SE760OA-US I SE10000A-US I SE114GOA-US - - - )OUTPUT, /y 9980 @ 208V - SolarEdge Single Phase Inverters Nominal AC Power Output 3000 3800 5000 6000 7600 11400 VA . . �i Single�i (Qa ��ii Inverters a��ii 10000 @240V....................0 ......... 5400 @ 208V 10800 @ 208V Max.AC Power Output 3300 4150 5450 6000 8350 12000 VA For North America @z4o�. ................ . .......... 1095D @240V ............... .. .. .. ..... .✓ .......... AC Output Voltage Min:No SE3000A-US/SE380OA-US/SE5000A-US/SE6000A-US/ AC Output ........................ ................ ............... ................. ......... AC Output Voltage Min:Nom:Max.* - ✓ ✓ -✓ ✓ ✓ ✓ ✓ / / SE760OA-US SE1000OA-US SE1140OA-US 211=240-264Vac - ACFrequency.Min..Nom.-Max.*.,...., .... I'' 60-60.5.(withHlco.. setting•57-60:60.5) H?...,. 24 @ 208V - 48 @208V Max.Continuous.Output Current 12.5 16 25 32 47.. . .....:......... ..21 @.240V.. .. ......... 42 @.. ............... .. .. ....... ... .. .. . .... ..... .. GfDI - . .......... .. .... .... ................... .... - 1 A ULTIrty Monitoring,Islanding � - - Protection Country Configurable Yes Thresholds INPUT„= iP �. ': v'•.�: ..dadu,:5+1: :"` ,., 3,�"�. .�....,..AL,; I_,.. ,,,A €sr-' l,: `a al-ii;= ;`: 3 ..' •�,: t"�V .. �,.: -.«.,.-,... •,r�.-». -:,.�., ,,.,y ',2 2 ,' Recommended Max.DC Power d yeat's .. -3750 4750 6250 7500 9500 12400 14250 .. W n, ... (5TC) Wa an�Y .��_r -Transformer-less,Ungrounded Yes •..... •,• •,. ................ .. ... ......... ...... ..... .. .. ..Soo ........ ........ ............ Vdc :..'.......:............................................. ..... .. .. .. Vdc Nom DC Input Voltage ............... .............. .............325 @.208V/350 @ 24 V....... .... ........ .. .... .... _ r .. ....... - .. .�. .. 16.5 @ 208V 33 @ 208V Max:Input Current*** 9.5 13 18 23 34.5 Adc (............... ................ ... ............I... ( .......... _15.5 @ 240V I 30.5 @_240V . Max.Input Short Circuit Current 30 45 Adc ' ... ..... .... ........... .... ... .......................... .... .......... ......:. .. ........................................... ...... . Reverse-Polarity Protection - ' Yes....:... .... ............................. .....:......... .......... .+ -.,...w F- ..... .......... . ....... .... ..... 600koSensitivit - GroundFaultlsolationDetection ,,,,,,,,,,,,,,• Y,..,.:...,••.. ............................... . ........... ................ ............... ................. . - Maximum Inverter Efficiency.......... .....97:�...... .....98:Z..... ......98.3...... ............... .. ._.98....... 98 ..98....... .... ..... - 7. ...Weighted ...... ............. ..:..... .......I.............. 1998 @ 20 V. .......... ..... . ............. I...97 @ 208V.....................'........... - - CEC Weighted Efficiency 97.5 98 97.5 97.5 97.5 % 98..240V 97.5 @ 240V Nighttime Power Consumption <25 <4 W ;' 8ts 4 ny, 1ADDITIONALFEATURES ,.rr;r .,--r' .'"` �"';„A-''"`5'~ z_,lit" �"w'".._� „"-,.. '"r} �' Supported Communication Interfaces R5485,RS232,Ethernet LgBee(optional) ........ ........ .. a Revenue Grade Data ANSI C12 1 Optional ISTANDARD COMPLIANCE .. W~3Tf` "try .ag ._ �.... t Safety.... ...... ......... .. ......... _UL1741 UL16996 UL1998 CSA 222 Grid Connection Standards - IEEE1547 .... .. ......... Ar• ...... ............ .......t . Emissions FCC part15 class B - �. F INSTALLATION SPECIFICATIONS rt r ¢ td P1 . 5 ' AC output condwt srze/AWG range 3/4 minimum/24 6 AWG....... .... ... .....•3/4 minimum/.8 3 AWG,.. ... .. ....... - - ^'«`. ...................................... .. .... . ... .. ..... .. .. .. -- DC input conduit size/#of strings/ 3/4"minimum/1 2 strings/24 6 AWG 3/4"minimum/1 2 strings/14 6 AWG c ( ` Dimensions with AC/DC Safety — 30.5 x 12.5 x 7/ 30.5 x 12.5 x 7.5/ in/ _ .».«r y Switch(HxWxD).................._..... .._.. 775 x 315 x 172 ........775 x 315 x 191...... ..... ....... x 10 5.775 .................. 30.Sx125 x315x260 �-�s.. Weight with AC/DC Safety Switch .. ...... ..51./232 .. . .. .... 54 7/,24 7.. ........ ....... ... .... 88 4/.......................... Ib/kg Natural Convection Fans(user replaceable).. - - ..Noise.............. .. .... ... ................ ..............<.25. .............. ........... .............. ..........<50....... ................ dBA.... 1� .. >, The best CIIOIte for S0la1'EYge enabled $y$te1111$- r - Min.Max.Operating Temperature - -13 to+140/-25 to+60(CAN version****-40 to+60) 'F/'C Integrated arc fault protection(Type 1)for NEC 2011 690.11 compliance Range,.. .... .:. .... . .. .. .......... _ - Protection Rating............................. ..... ....... .... .................................. .... ................... ............ Superior efficiency(98%) For other regional1 settings please contact taet the yearly average support NEMA 3 Small,lightweight and easy to install on provided bracket ^L.r edto dinfor r tion,onertohto//yewwsolamdge.ohtempeature rter ve dc7T rsizng nd to"id—cif t belown'yzsc. _ For deta led information,refer to htt //••• I d /fil /df/ rt d "id df Built-in module-level monitoring «�'Ahgher current source may be used,the inverterwlllmt is input current to the values stated - g CAN P/Ns are eligible for the Ontario FIT and m croFIT(microFIT exc.SE11400A US CAN) Internet connection through Ethernet or Wireless Outdoor and indoor installation 7 I x ,.._.,_ = ;' .. , `4 k ' { _ � u Fixed voltage inverter,DC/AC conversion only µ s Pre-assembled AC/DC Safety Switch for faster installation Optional—revenue grade data,ANSI C12.1 F RasunsF � —.,"...[ _ emu•..� �. m. - - - RLANDS ISRAEL USA GERMANY ITALY PRANCE-JAPAN CHINA AUSTRALIA-THENETHE WWW.SOIdf2dge.US �v.' +*,��, rEDGE i tst0 Sr CanadianSolar Sr CanadianSolar Make The Difference Make The Difference ELECTRICAL DATA i STC _ MODULE i ENGINEERING DRAWING(unit:prim) _ �El—ectrical Dan C56P-250PX C56P-255PX CS6P-260P% Rear View Frame Cf055 Section ( - xlmum• Power Pma _ ( ) 250V255 Wa�,�,�260W Optimum Operating Voinge(Vmp) 30.1V 30.2V 30AV - Op[mumOperati gC t11mP1 830 �g.56A A,-'~g43A ' — - • ' • Open Circuit Voltage(V ) 372V 37AV 37.5V ❑ Sho j C1,cun Curre t(Isc)-��-887A i900A—_9.12AM Section A-A _ _____ -_-_-- .._.._ —..__ I M d I Eff ency 15.54% 1585% 16.16% ( rOp t gT mpe attire- 40 - Maximum Sy stcrn Voltage 1000V(IEC)/600VUL) 750 F Maximum Se�Ies u eRatin THE BEST IN CLASS .. - Application C1a55 r ton Class A - I Canadian Solar's modules are the best in class in terms of power output (Pq T lierqpoo- and long term reliability.Our meticulous product design and stringent •une=rstandard T=n d1uunalsigol irratllanceun000w/m;:penmen AM tisane<=n quality control ensure our modules deliver an exceptionally high PV .mpe avr=or zsr. - LL energy yield in live PV system as well as in PVsyst's system simulation.Our ZS accredited in-house PV testing facilities guarantee all module component ELECTRICAL DATA i NOCT materials meet the highest quality standards possible. b - - Electrical Data C56P.250PX CS6P-255PX C56P-260PX _ PRODUCT i WARRANTY&INSURANCE (•Hom nal Mawm m Power(Pmaxi�igiw'ies w_�igvw _ . Optimum Operating Voltage(Vmp) 27:5 V 27.5 V J 27.7V PRODUCT).KEY FEATURES opi _kpa�6.7M 1 ,(Op Circuit C tV.ing (Voc) 34.2V 34.4V 34.SV - CanadianSolar's NewEdge module is manufactured 97% Addeeyawa from warranty aionC tC rreot(Isc) ]19 A—7.29 A�7.39A C56P-255PXi1-V CURVES with a Ze Groove frame design technology to -�� — P g g Unticr Nominal Operating Cell TempentuminpCil,irradiance al gpO W/m',spectrum AM LS. facilitate a faster, safer, easier and more -- cost-effective installation. - p - By 5 t0 f5 20 2s MODULE i MECHANICAL DATA M -- --_ - ® Excellent module efficiency _._ .�__.—_--- up to 16.11 _ 25Yea Linear p a tput warranty Cell Specification Data t 30 Year Product warranty on materials and workmanship Cell Type- - .Poly c_rystalhne,6inc�h���1e Cell Arrangement 60(6x 30) , ® - Dimensions ... 1638 982 40 (645x3g:7x1.57 n).High performance at low irradiance Canad an Solar provides 100%non cancellable,mined ate warranty Weigh[ 20kg(4411b)above 96.5% insurance Fro tCo a 3.2 [ p d glFra M teral A d d I malloyJ_BOx -- - - IP.67.3.d des• ' za s ss o as Cabl q (IEC)/12AWG(UL)1200mm Positivepowertoleranceupto5w PRODUCT&MANAGEMENT SYSTEM i CERTIFICATES* co a IEC 61215/IEC 61730 VDE/MCS/CE Standard Packag g 24pcs,530kg(quantty and weight per pallet) eatvl ao UL 1703/IEC 61215 performance:CEC listed(US) MiMoodulepieces Pe Contamer.-672pcs(4('HOj ag=Ixl UL 1703 CSA I IEC 61701 ED2:VDE I PV CYCLE(EU) - _ ® High PTC rating up to 91.04% O ......-...__- ISOTS16:zoos I The autmanagementsystem TEMPERATURE CHARACTERISTICS - - IS014001:20049 ITandardsote environdustrynmental quality managmanagment ement system yztern Partner Section IS014001�2004 �I Standards f ron t I nagement system � SpecificationData _ OHSAS 18001:20071 International standardsf upa[onal health and safety- LTemp t C f0I t(P _)0 ' '43%/C .-. - Anti-glare module surface available •Pl.a—r—vaurmleerewe: u,x n - lat=r 'r ranl=mvpvrpmdutn 4- Temperature C ff t(v ) 034%/C BBAV p� Lt� [Temp t C ff d t(I) 0 065%/C •`•`�'T1 Nominal Operating Cell Temperature 45t2°C ® IPng-ter box T _ long-tnction weather endurance CANADIAN SOLAR INC. PERFORMANCE AT LOW IRRADIANCE Founded in 2001 in Canada,Canad an Solar Inc.,(NASDAQ CSIO)Is the world sTOP 3 _ Industry leatlmg performance at low rr ,that on,+96.5%module efficiency solar power company.As a leading manufacturer of solar modules and PV project '� (roman radiance of 1000W/m'to 200W/m(AM 1.5,25 CI Heavy snow load up to 5400Pa developer with about 7 GW of premium quality modules deployed around the world wind load up to 2400Pa in the past 13 years,Canadian Solar is one of the most bankable solar companies In - Europe,USA,Japan and Ch na.Canadian Solar operates in x continents with - customers r 90 countries and regions.Canadian Solar is committed to y' WRON providing high quality solar products, solar system solutions and services to m//=. .u/I." ai//=r ..r"• ••ins ran" •=w,= •v/." Salt mist corrosion resistance customers arid the world. suitable for seaside environment � O• Q Pi.o,.,r.%,"erom m,m>nr.ra"i r<rr,"�oir�.mr"m.a.mm.n=p ",",Po,"rim"mm=e p v P g p en��n t 0 i (