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0158 WINTERGREEN CIRCLE - Health
158 WINTERGREEN CIR. OSTERVILLE A=119-044 r a � a i Town of Barnstable Health Inspector V oFt"E Regulatory Services Office Hours g y 8:30—9:30 Thomas F.Geiler,Director 3:30—4:30 01I0, IARN91fABLE. # Public Health Division 1639. �m� Thomas McKean,Director jOrEo Mai" `a 200 Main Street,Hyannis,MA 02601 ' Office: 508-862-4644 Fax: 508-790-6304 AMNESTY PROGRAM APPLICANT — SEPTIC QUESTIONNAIRE Date:August 16,2010 1. General Information: Size of Property: 0.31 Address: 158 Wintergreen Circle Osterville, MA 02655 Map 119 Parcel 044 Name: Arthur F&Joanne G Clark Phone#: 508-428-8794 2a. How many bedrooms exist at your proPert Ynow?6 � 2b. Are you planning to add any bedrooms?NO If yes,how many? 0 S E P 2 4 REC D 2c. How many bedrooms total are proposed at this property(including the amnesty unit)? a v _ 4(three in main house and one in accessory apartment) By 2d.Please include a copy of the floor plans for the entire property. Neatly use a straight-edge. Show all existing rooms in the home and the proposed amnesty apartment. Provide width measurements of any open doorways. Please label each room clearly. 3. Is the dwelling connected to public sewer? NO If the dwelling is connected to public sewer,skip questions#4 through#9 below. 4. Location of dwelling is INSIDE or OUTSIDE a Saltwater Estuary Protection Zone? 5 . Location of dwelling is INSIDE or OUTSIDE a Zone of Contribution to public supply wells? 6. Is the dwelling connected to an ONSITE WELL or to PUBLIC WATER? 7. Is a disposal works construction permit on file? YES or NO 8. If yes,how many bedrooms were approved according to this permit? Bedrooms. 9. Were any building permits obtained for construction of additional bedrooms? YES or NO 10. Is there an engineered septic system plan on file at the Health Division? YES or NO 11. Has the septic system been inspected by a DEP certified inspector within the last two years? YES or NO ------------------------------------------------------------------------------------------------------------------- FOR OFFICE USE ONLY The Public Health Division has no objection to bedrooms at this property. Special Conditions: �' rs f e ;M,A for Signed Date: c::; J2-,7b,,, Q:\GMD-Housing\Accessory Affordable Apartment ProgramWDMIN\FORIvIS&LETTERS\Blank Forms amne tyappl.DOC r M � `1 e K ti U 1 r �- 04 u ti r o � 0 N N � a v 7 2 , 1 2 - o r vJohw►- 1 , c� N H S J N . 1 o� 1 13 ye Op o 0 0 ao QQ0 N �o- 4 d K N L oLQJ u O-ir r Fax Send Report OCT-19-2010 09:47 TUE Fax Number _ .15087906304 Name BARNST HEALTH Narre/Number GMD Page p Start Time OCT-19-2011) 09:46 TUE Elapsed Time 00,001, Mode STD G3 Results (No Answer] Town of Barnstable Health htspector Office Hours p4 Regulatory Services 8:30 9:30 a 'Thomas F.Geller,Director 3:30-4:30 3 Public Health Division Thomas McKean,Direclor 200 Main Street,Hyannis,MA 02601 Office: 108-8624644 Fax: 508-790-6304 AMNESTY PROGRAM APPLICANT.-SEPTIC''QUESTIONNAIRE Date:August 16,2010 I, Crcnerallnfor'mation: Size o I'Property:0.31 Address:158 Wintergreen Circic Ostcrville,MA 02655 Map 1.19 Parcel 044 Name:Arthur F&Joanne Gr;:lark Phone#:508-428-8794 —_ 2a. How many bedrooms exEst at your property now?6 t`: REC'D 2b. Are you planning to add any bedrooms?NO If ycv,how many? 0 il '; SEP 2 4 2c. How many bedrooms totbl are proposed at this property(including the amnesty unit)'? 1 t ( 4(three in main horse and one in accessory apartment) 2d.Please include a copy of the floor plans for the entire property. Neatly use a straight-edge. Shaw all existing rooms in the home and the proposed amnesty apartment. Provide width measurements of any open doorways. Please label each room clearly, 3. Is the dwclling connected to public sewer? NO if the dwelling is connected to public sewer,skip questions 44 through#9 below. 4. Location of dwclling is INSIDF. or OUTSIDE a Saltwater Estuary Protection Zone? 5. Location of dwelling is iNSIDE or OUTSIDE a 'Lone of Coutribution to public supply wells? 6. Is the dwelling connectec to an ONSITE WELL or to PUBLIC. WATER? 7. Is a disposal works const•uction permit on file'! YES of NO 8. if ycs,how many bedroo.tis were approved according to this permit?. fiedroonts. 9. Were any building pernths obtained for construction of additional bedrooms'! YES or NO M. 1s them:an engineered septic system plan on file at the Health Division? YES or NO 11. Has the septic system been inspected by a DE,P certified inspector within the last two years? YES or NO --_ '—� —• --�_----__POa----OFFICE USE ONLY The,Public Health Diviiion has no objection to bedro1o�r'ns at this property. Special Conditions: • —I W mas f e".:n�eA 2 Vr n S¢. s i 10 Signed r 17atc: QA6MD-Hauxing1Acccx ,ry Afrcxdablc Aptirt-1P.6,,.\ADMINIP0RMS&.LETTERStD1anA Pun11S flnWC ycppl,DOC - ' AsBuilt Page 1 of 1 f / � .• r r� Vy�yy ft ... I - .. TOWN OF BARNSTABLE LOCATION fl.����`�--�+^'�-�1��'rzy � /12 �-x... SEWAGE � VILLAGE AA_L>ASSESSOR'S MAPM1G LOT INSTALLER'S#NAME PHONE NO. ' SEPTIC TANK CAPACITY LEACHllv�-FACI IT'Y:{xype) NO. OF I38DRt�t7�S •PRlVAT'S WELL OR PUBLIC WATI BUILDER. OR. OWNER DATE PERMIT ISSUED.- DATE COMPLIANCE ISSUED.-. . YARIANCE GRANTED: Yes No . ` http://issgl2/intranet/propdata/prebuilt.aspx?mappar=119044&seq=1 ,9/24/2010 S lam' S� 9.,J, jG Cj 0 /A37 nSm�� �-.'VAcztA- n � G�rLN U� In� K►�-��fl.� � runs h r ��•�� W�fl Sirs-rC . uQ i T ✓ 42�omr( czar-a c�ct,4� ..I o�•�,Jo.r c-*z- yg,�^ ' 158 Lj Om, 1 LO hu M 1 ro- I o r t �royeM �° c � d � VVV a G LO c, �I • n 0 0 C pp � o Ca 4z N . o r i E oQ � o tX a oo C-4 � � G _ � � o 0 1 N Loj tl F v N; Nk tic c h �J' n.-c- —Z— W000 j [-O'OC7 WOOD i G A Z ST3 o S/1ED r WA y I • /0A7/o I 1 • h•wtcu.JG '` M f -------------- IAI BAX7ER `Z a o ten. No. 24040 . .F o nt L Of.4 T/o�C/ �E•2✓�LLE _ r Sca L /2 Z/,e 9 �. G02�M F( T#AT `WE $ut LDI►JG•S A2E l-.OG.�TC—D C�tJ TFa E G1z0UND l�S S NU Wt� �. Z°r s 74 /07 7- BASEO O.v E .VYE ///C //1/ST,2U�.Ei(/7' �2EG/STE,2EL7 -L-,qc/p SU.eY6yoc�! A Assessor's office(1st Floor): < _ Assessor's map and lot number // �y c4, _ .,o PTIC SYSTEM V Board of Health (3rd floor): to Sewage Permit number _ ""i`�fy -. 9 °'Qi- - - w Engineering Department(3rd floor): J, i:.; = EAH35TALLE. J House number rasa�o e�q. eta Definitive Plan Approved by Planning Board 19 'Fp YAY a` APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN OF BARNSTAB E BUILDING INSPECTOR APPLICATION FOR PERMIT T U(J=sz-T- �_- / a t I A-Y -TYPE OF CONSTRUCTION 19�— I TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following i ormation: Location Proposed Use Zoning District �`--- Fire District r N= Name of Owner tt u Addressr__ � Name of Builder \� .�('�� Address ' Name of Architect Address Number of Rooms Foundation Exterior Roofing Floors Interior Heating Plumbing Fireplace Approximate Cost Area Diagram of Lot and Building with Dimensions Fee , OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable red rdin ove c tr- ion. N me Construction Supervisor's License AI TOWN OF BARNSTABLE UNDERGROUND FUEL AND CHEMICAL STORAGE SYSTEMS I l NAME ' ,fZ� t3 2/ ADDRESS /�` ! >ri7`i R- � `'°Z` VILLAGE LOCATION OF TANKS: CAPACITY: TYPE OF FUEL AGE: TYPE: OR CHEMICAL �* ZT (Give same information for any additional tanks on reverse side of card) DATE OF PURCHASE OF EACH: 7 2. � 3. 4. DATE OF FIRE DEPARTMENT PERMIT: 7y TESTING CERTIFICATION SUBMITTED: PASSED DID NOT PASS Health Master Detail Page 1 of 1 Logged In As: Friday, September 10 TOWN\miorandd Health Master Detail 2010 Application Center Parcel Lookup Selection Items ...._. Parcel peptic Perc Well Fuel Tank Parcel: 119-044 Location: 158 WINTERGREEN CIRCLE, OSTERVILLE Owner: GLARK, ARTHUR F. &JOA.NNE G Business name: _ Business phone. 55-428F33 Rental property: f" Deed restricted:17 Number of bedrooms : o Contaminant released: r. Fuel storage tank permit: r. Save Parcel Changes '1 1 Return to Lookup Parcel Info Parcel ID: 119-044 Developer lot: Location:158 WINTERGREEN CIRCLE Primary frontage:120 Secondary road: Secondary frontage: Village:OSTERVILLE Fire district:C-©-MM Sewer acct: Road index: 1865 Asbuilt Septic Scan: 119044_1 Interactive map i Town zone of contribution:Ov Overlay District)(Wellhead Protection State zone of contribution:IN Ov _ F CLARK ARTHUR F &JOANNE Owner Info Owner: G Co-Owner: Street1:158 WINTERGREEN CIR Street2: City:OSTERVILLE State:MA Zip: 02655 Country: USA Deed date:3/15/1963 - Deed'reference:1192/302 Land Info Acres: 0.31 Use: Multi Hses MDL- Zoning:RC Neighborhood: 0107 01 Topography:Above Street Road:Paved Utilities:Septic,Gas,Public Water Location: Construction Info Building No Year Built Gross Area Living Area Bedrooms Bathrooms 1 1963 3895 1841 4 Bedroonns2 Full 2 1984 1608 1134 2 Bedroomsl Full + 1H Buildings value:$310,800.00 Extra features: $3,600.00 Land value: $156,100.00 I http://issgl2/intranet/healthMaster/HealthMasterDetail.aspx?ID=... 9/10/2010 •_ Town of Barnstable Health Inspector Office Hours FtHe r�y� Regulatory Services 8:30-9:30 o� Thomas F.Geiler,Director 3:30—4:30 RAMSMRIE, * Public Health Division 9 MASS. i639• Thomas McKean,Director ArED MA'1 A 200 Main Street,Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 AMNESTY PROGRAM APPLICANT SEPTIC QUESTIONNAIRE Date:August 16,2010 1. General Information: Size of Property:0.31 Address: 158 Wintergreen Circle Osterville,MA 02655 Map 119 Parcel 044 Name:Arthur F&Joanne G Clark Phone#:508-428-8794 .2a. How many bedrooms exist at your property now? 6 2b. Are you planning to add any bedrooms?NO If yes,how many? 0 2c. How many bedrooms total are proposed at this property(including the amnesty unit)?- 4(three in main house and one in accessory apartment) 2d.Please include a copy of the floor plans for the entire property. Neatly use a straight-edge. Show all existing rooms in the home and the proposed amnesty apartment. Provide width measurements of any open doorways. Please label each room clearly. 3. Is the dwelling connected to public"sewer? NO Ifthe�ivell is connected to public sewer,skip questions#4 through#9 below. Q CD 4. Locan oyvelling is INSIDE or OUTSIDE a Saltwater Estuary Protection Zone? 5 . Location of dwelling is INSIDE or OUTSIDE a Zone of Contribution to public supply wells? o? (V 6. Is th6welLing connected to an ONSITE WELL or to PUBLIC WATER? 2 0 . 7. Is a gposgworks construction permit on file? YES or NO I— o 8. If yes,how many bedrooms were approved according to this permit? Bedrooms. 9. Were any building permits obtained for construction of additional bedrooms? YES or NO 10. Is there an engineered septic system plan on file at the Health Division? YES or NO 11. Has the septic system been inspected by.a DEP certified inspector within the last two years? YES or NO ---------------------------------------------------------------------7--------------------------------------------- FOR OFFICE USE ONLY The Public Health Division has no objection to bedrooms at this property. - Special Conditions: Signed: Date: Q:\GMD-Housing\Accessory Affordable Apartment Program\ADNffwORMS&LETTERS\Blank Forms amnestyapp 1.DOC 1` Mp1 I J ` in --------------- 0 z ,Q N v - tt Q. .r J a2j W S� 7NI A ? °� cl-►oNwr � � CXX� 4 ; f L . ,V I J a ` ba A� 0') d ` _i rn z o o vG h o 0 i I a _ 4O �l v �o- N d ` U W LQJ I 0� N W �1 tV`1�1 McKean, Thomas From: McKean, Thomas Sent: Tuesday,August 31, 2010 9:12 AM To: Dabkowski, Cindy Cc: O'Connell, Timothy Subject: Amnesty- Septic Questionnaire Denied/ 158 Wintergreen Circle, Osterville The amnesty septic questionnaire application for six bedrooms on a 0.31 acre parcel at 158 Wintergreen Circle, Osterville (within a WP District and a State defined Zone II) is disapproved due to the following reasons: - Lot size is too small for six bedrooms (does not conform to the State Environmental Code and Town of Barnstable Regulations) -The septic system consists of cesspools (does not conform with the State Environmental Code, Title 5). According to the building permit records, a garage was converted into a "family room" in 1989. The Town of Barnstable Code, restricting parcels of one acre.or smaller to three bedrooms within zones.of contribution, was in existence since 1987. 1 Town of Barnstable Health Inspector oF'1�l Regulatory Services Office Hours g y 8:30—9:30 �.� Thomas F.Geiler,Director 3:30—4:30 BMW STAB Public Health Division MAM 9�a i639' s`e� Thomas McKean,Director rFD MA'I 200 Main Street,Hyannis,MA 02601 Office: 508-862-4644 m _ _ Fax: 508-790-6304 AMNESTY PROGRAM APPLICANT — SEPTIC QUESTIONNAIRE Date:August 16,2010 1. General Information: Size of Property: 0.31 Address: 158 Wintergreen Circle Osterville,MA 02655 Map 119 Parcel 044 Name: Arthur F&Joanne G Clark Phone#: 508-428-8794 2a. How many bedrooms exist at your property now?6 2b..Are you planning to add any bedrooms?NO If yes,how many? 0 2c. How many bedrooms total are proposed at this property(including the amnesty unit)?6 2d.Please include a copy of the floor plans for the entire property. Neatly use a straight-edge. Show all existing rooms in the home and the proposed amnesty apartment. Provide width measurements of any open doorways. Please label each room clearly. 3. Is the dwelling connected to public sewer? NO c= ZE If the dwelling is connected to public sewer,skip questions#4 through#9 below. } —n co 4. Location of dwelling is INSIDE or OUTSIDE , a Saltwater Estuary Protection Zone?. � 5 . Location of dwelling is INSIDE or OUTSIDE a Zone of Contribution to public supply we `3 w ca 6. Is the dwelling connected to an ONSITE WELL or to PUBLIC WATER? cJ t r— fi 7. Is a disposal works construction permit on file? 1 YES or NO 8. If yes,how many bedrooms were approved according to this permit? Bedrooms. 9. Were any building permits obtained for construction of additional bedrooms? YES or. NO 10. Is there an engineered septic system plan on file at the Health Division? YES or NO I I 11. Has the septic system been inspected by a DEP certified inspector within the last two years? YES or NO f POOFO/R OFFICE USE ONLY ' /� P 5i?gS gt/ V The Public Health Division has no objection to bedrooms at this property._T »w, �m5- Splec' Conditions: 99 was co., r� I'Ahf'° 1e� _ 0.9) I 4 C� s'1 Z.? . ML Signed Date: ) Q:\GMD-Housmg\Ac essory Affordable Apartment Program\ADMIN\FORMS&LETTERS\Blank Forms amnest Iappl.DOC � . JOSF-PH D.'DALU2 TELOPNONE: 776-1120 Brtilding Coramittioatr - EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 January 9, 1990 Ms. M. Sheila Burchell P. 0. Box 473 Osterville, MA 02655 Re: A=119-044 158 Wintergreen Circle, Osterville Dear Ms. Burchell: Upon receipt of your written complaint this office' did inspect the property located at 158 Wintergreen Circle, Osterville, owned by Arthur Clark. Please be advised that there is a family apartment located on the second floor of the garage. There is no record of a Special Permit to authorize the family apartment. A public hearing will be held on January 18, 1990 to permit use of .the family apartment:., A recent survey of the property indicated .that a `portion of the existing structure is less than the distance ,required from the property line. The owner has informed me he plans to remove the shed from the side of the garage. The accessory buildings on the property appear to be in violation also. . Mr. Clark's attorney plans to file an application for a Variance in the very near future. If I may be of any further assistance please contact my office. Peace, ' 2 6tosh D. Da ' Building Commissioner JDD/gr . f JbSFPH D. DALUZ Building Commiuioner rELBPHONE: 775.1120 EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 December 5, 1989 N Mr. Arthur Clark 158 Wintergreen Circle Osterville, MA 02655 Re: A-119-044 158 Wintergreen Circle, Osterville Dear Mr. Clark: - Our records indicate that on August 18, 1972 you applied for and received a building permit to add a bedroom/dining area to our dwelling at 158 Wintergreen Circle, Osterville. On :July. 8, 1983yyou appliedgforcandareceived a building permit to add a deck'and a mud room. The setback from the property- ' lines is shown on your application as 25 feet and 12 feet. A .notation "no living quarters on 2nd floor" is also"shown on the application. The permit application was signed by you as owner of' the property. On November 13, 1989 you applied 'for and received .a building permit to convert the existing garage to a family room. I' am now in receipt of a written com- plaint dated November 16, 1989 alleging that you have a two family dwelling and a possible encroachment on the property line. This letter is to advise you that if you have created a .second living unit in your dwelling a zoning violation does exist.' Relief from 'the Town of Barnstable Zoning By-laws can only be granted by the Board of Appeals follow- ing a public hearing. In addition, I am also requesting a certified plot plan by a ,r'egistered land surveyor showing the location of the buildings on-your lot and the property line setbacks and sidelines. Please submit the information within the next ten (10) days Peace, 1.. -lose h D. Da' Luz aLuz Building Commissioner:, JDD/gr cc: M., Sheila Burchell Board of Appeals ILE . t ,.d JAB DEPARTMENT OF. PLANNING AND, DEVELOPMENT, TOWN OF BARNS i Z0N!INU F0,1Rr REPORT DATE: January 18 , , 19.90 TO: Barnstable Zcning , B.oard of Appeals FROM _- - --- -- >=aur4 _ 1 _ Schulman; Assistant Planner Arthur P.. Traczyk , Principal Planner SUBJECT: Appeal No . 1990-04 Special: Perm i_tA - Fami Ly Apartm:ent. 158 Wintergreen Circle , Ostervill.e , ' MA Map/Parcel No . , 119/44. The applicant.; Arthur F.. Clark , is r,equesti.ng _ a Special Permit pursuant Ito Section 3-1 . 3 . _( 3 )' (C ) Conditional Uses Family Apartments of t.he. Zoning, Byl.:aw to allow for the conversion of the' second,- f.io:or `of an existing garage to a family apartment . The approximately . 31 ac-re lot is -located in the Residential C Zoning District and lies within a Groundwater Protection Over I ay. Distri: ct.. BACKGROUND: The lot has two, build.ings connected by an -open breezeway . On-e building is a two=sto'ry., four bedroom,,. mai;n dwelling and the other is a two-story garage .which ' has been converted to a family room on.'the .first floor and living quarters on . the second floor . The: Iiving quarters contain a bedroom and a bathroom. Accordi rig" to `the, app.1ica:tion , the main -dwe"Ili.ng contains approximately 3 , 200 square feet of gross floor area and Assessors ' records list the- house as having 2, 165 square feet of living area The garage was built in 1984 .and , a'c,cord i rig to Assessors'' records , contains approximately. 1 ,9{,0';0- square feet of gross floor area including an attached shed According to submitted plans , there is a 4 . 1 ' x' 30 . 9 ' shed, along the north side of the garage. 'However; no shed w -s observed - when a .site visit was made.. . There- is a deck along the south side .of the Lipper story of ,the garage and a stairway leads from the deck t,o ` ground. 1-evel . The applicant has stated that the .family room will not b'e part of the family apartment. The garage encroaches on the side yard. setback . On the pfans', the shed is between 5 . 2 and 4 . 5 _ feet - from the side lot line . However ; even without the shed the garage , as shown on the plan , encroaches between ,. 7 and 2 . 0 feet into the required 10 foot side yard setback . No .variance is on record for the garage . The lot also contains a wooden gazebo `in the northwest corner and a woodshed in the southwest corner . Both lie 1.a11y. 1cr - - ALBERT J. SCHULZ U V L5 ATTORNEY AT LAW - 7 PARKER ROAD 05TERVILLE,MASSACHUSETTS 02655 (506)428.0450 TELECOPIER(508)420.1536 TOWN Of SARNSTASLE Z4NING BOARD OF-APP. ,!_s January 30, 1990' r Luke P. Lally, Chairman Zoning Board of Appeals- Town of Barnstable 367 Main Street Hyannis MA 02601 re: Arthur F. Clark" Appeal No. 1990-04 Special Permit - Family Apartment, Dear Mr. Lally: I represent Arthur F.. Clark who appeared before your Board on January 19, ; 1990 seeking a special permit for a family apartment on the second floor of an .existing garage. At that meeting, a question arose concerning the fact that the garage encroaches between .7 . feet and 2.0 feet into the required 10 foot side yard setback, and that no variance was ever allowed. Mr. Clark has supplied me with three ( 3 ) bills ' dated April 30, 1979, May 1 , 1979, and August 1, 1979 for work performed in excavating and constructing the garage foundation. I enclose copies of these bills for your information.- Although no building permit was ever issued for this project, it is my opinion that since the garage foundation has -,existed for more than ten. ( 10) years, no variance' is needed. Specifically, , the second paragraph. of M.G.L''. c: 40,, Section 7 provides in part as follows: . . . . "no action, . . . .the effect or purpose of which, is."to compel. the removal. . . .of any structure bv- reason of any alleged viola:tion. of the provisions of this chapter, or any ordinance or by-law % adopted thereunder. . . .shall- be maintained., unless- such action is commenced. . . .within ten years after the commencement of the alleged violation. . . ". 1 1a1.1Y- 1tr Mr. Clark will be happy to obtain affidavits from Mr. Williams, Mr. Farrington, or Mr. Barry, attesting to their authenticity, if you so determine. Plese advise me or. Mr. Clark before your, February 19th. meeting when, I understand, this matter' is again on the agenda. If you have any questions, please feel free to call me. grt' ly, chulz AJS:ssh File No. 19376 cc: Joseph daLuz Arthur F. Clark 2 . f IEIEn„OnE'I&1tieY JOHN FARRINGTON DRIVEWAYS 50 Fire Station Road .'Asphalt'Onveways Osterville,Mass.02655 Blue and Mauve Stone •'.Snow Plowing • Seino annd'Gravei A7/14 . 3 o Frnm' e-�q Pc A OL CP .% `• _ - PHONEes6-a�87 - -. vo�wo A��oH• _ , - Cw+w«aTe A«o f+naot,Ac+re - CR.CNT PIAORO A«O WAlY9 _ Ta...C9.9 C699 apOLa.ORAI«a JAMES J. BARR1' MASON CONTRACTOR MAIN STREET MARSTONS WILLS. MASS.. Q-- 1••__...__ 1979 Arthur Clark p I,V4% INTEREST PER MONTH CHARGED AFTER 60 DAYS 158 Wintergreer. Circle f Blacks and bolts. s,e t for g&3+age,. fonndastion $ 44+.00 t I • r s J. .. FILL `"T—�Ire T1 • ill �G i/� #4 s 77 t _ .T w ' L Y n • TOWN OF BA`RNSTABLE ZONING BOARD OF APPEALS VAR,I'ANCE DECISION AND NOTICE. PETITION : #1990-11 PETITIONER ARTHUR CLA'RK ------ ----------- ----- --------- ---- ------------ - At a regularly scheduled hearing o:f- the Barnstable Zoning Board of Appeals , held on .February 22 , 1990 andicontinued to March 8 , 1990 , notice of which was duly publ'.ished' in the Barnstable Patriot and_ notice. of which was forwarded to -all interested parties pursuant to 'Chapter1 40A of the General Laws of Massachusetts , the .petitioner , Arthur Clark , petitioned the Board for a Variance pursuant to Section 3- 1 . 3 ('5 ) , Bulk regulations of the Zoning -By.law. The applicant ' s property is located at 158 Wint:orgreen Street , Ostervill,e , MA as shown on Assessors ' Map , 119 , lot 44 . It is in a Residential C Zoning District . The petitioner o'rigi_nal.ly applied for a Special Permit for a family apartment to be Located on the second floor of an existing garage and ,to be occupied by his mother- in-law. At the meeting of January 8., 1990 , . Mr . Clark stated � ihat . he would be return.in.g to the Board. ,wit'h an application for variance relief for a gazebo and woodshed both of which encroach into „the- side yard -and :the rear Yard setb,a.cks . Also discussed at this hearing. was the tact ` thaIt the garage itself is in violation of the setback re'qu.irements . .A motion was made,, and unanimous Ay passed , to past pone the hearing until such time a's the petitioner' could� readvertise for both the variance rel.;i-ef needed and the ,Speci.al Permit for the family apartment . The petitioner returned February 22 , 1990 w..ith- a th•e application for a Special Permit for a familY " apartment which is filed as Appeal No . 1990-0,4 and a pe•ti �t .ion for Variance relief fo,r the garage. gazebo and woodshed which is fi-Ied as Appeal No 1990-11 . . M*r . Clark stated . that construction on the garage was begun during the .Spring of 1979 and he Presented the Board wi'tn, • three copies at .biIis fior the work done 'and` affid'aviis from the people who .performed #he.: wo,rk . Acting. Chairman , Dexter B1 iss . read the affidavits to the board . 'Mr . Clark stated that he is under the impression that because the' garage is now ten years old , it has grandfather protection ( i . e . the statute of limitations for the zoning violation has 1 { expired ) . A letter in reference to this ma't.terfrom Mr . Clark ' s attorney ; Albert Schulz ,. has been submitted to the Board . Mr . Clark stated that. when the garage was built he had no intention of adding .on to it . The area where the family apartment is to be located was added .on five yea Is ago and contained one bedroom used by Mr . Clark ' s in_ raws . The problem with the 'location of the apartment is due to the , shape of the existing gatage . and the location of garden pool . There is .a permitted deck in this area ; the extra deck space was needed for the addition. Mr . C,Ia-rk stated_ that the addition was not and is not 'intend.ed to be permanent ; when the family apar-tment is no longer needed. it will be removed and the 'deck. wil,I be reduced . Photographs of the garage .were submitted to the eoa;rd . Mr . Clark- stated that he is. in the process oV removing an attached shed from the .garage and this will lessen the amount of encroachment . When the shed is 'removedl, the garage will encroach . 71' into the `required ten ( 10 ) foot side yard setback. _ 1 I Mr . CA ark . addressed the fact. .that the gazebo is in violati on of the setback. requirements . The. gazebo is located in th:e - sou'thwest corner of the lot . A pine tree. belong°ing to Mr . Clark ' s neighbor grows in this area and due to . the fact that" this tree is about fifty tosixty`' feet tall -'and very dense , . this corner of the lo't does not receive much sunlight . . Mr . Clark stated that duIe -to the Iack of sun igh.t he .couId not . place an.y part. of . his gardens . in this area and therefore-,he chose to locate the gazebo there . Mr . Clark further stated that due to the location of pools on the property he could not move the gazebo- .further ' in on the lot . Mr . Clark then a.ddr.es.sed the; question .of the woodshed which is in violation of the side and .rear yard setback requirements . ' Mr . Clark stated that the woodshed was originally -a henhous'e .a,nd was located closer to the center . of the lot . However, due to the present location ofi the garage , the, woodshed ' has been relocated-. to�' its.. c.urrent pos i t i on on the l o t Mr . Clark stated that he feels that the topography if the yard , with the placement of ponds and gardens , does not, allow him alternatives as -to where he can locate. structures . Mr . Clark ' s gardens have been written about ,.in national pub I i cat i o n s such as ,Be,t t_e_r 'H.o.mes and Ga r.dens. FINDINGS OF FACT. Based upon the information provided , the Zoning Board 0f Appeals made the foIIowin."g findings of facts - - 1 . The gazebo i an asset to the neighborhood and it would be a susbstan.t`i"al hardship for the peti.tion,er -'to have to 'remove i t 2 . The woodshed is riot in 'compliance with Sec' ti:on 10 of Chapter , 40A and it shall be removed or made conforming ; 3 . The encroachment of the garage is minimal ; and 4 . The lot is unique i,n -that ,i t° has gardens which have been written about. in a national pub 11catior;. The vote on the fin`d`i-ngs. of fact was, as follows AYES : BOY, BURLINGAME,, NIGHTINGALE NAYES : NONE DECISION:_ Based upon the information provided and the findings of fact , at a meeting held March 8, 1990 , by a mot iorg duly made and seconded , the Zoning Board of Appeals voted tc, g.rant Variance relief for Ahe side and rea-r of the garage and for the gazebo with the .-condition` that the woodshed and the attached shed on the garage e"ither' be removed or made conforming . The vote was as follows : ' AYES : BLISS BOY , 'BURLINGAME, BURMAN , NIGHTINGALE NAYES : NONE Note : Dexter Bliss .and Gene _Burman cast their votes at the meeting of >February 22 1990 . x. R Any person aggrieved by'this decision .may appeal to `the Barnstable Superior Court, as described, in Section 17 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringing-an action within twenty days after the decision has been filed in the office of the Town Clem_ 1 Chalf--man Clerk of the Town of Barnstable, Barnscable County, .Ma/ssachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this l` day of 9 x', under the pains and penalties of perjury. Distribution: Property Owner Town Clerk 's Town Clerk Applicant ; Persons Interested Building Inspector Public Informaticn Board of Appeals f TOWN OF BARNSTABLE pp 03q. \{g' PETITION TO VARY THE ZONING .BYLAW Date filed with Hearing. date Town Clerk Decision due:, The undersigned hereby petitions the Barn ;tab,le Zoning E3oard of Appeals to vary, in the manner and fcr the reasons hereinafter set forth, the application of the zoning .byiaw; 1 Petitioner Name GZ. v 2 ,C• Te 1 Address : 2 Owner Name � � .1 Tel - Address : . 3 How long have you owned .the property: Q If petitioner is different from owner, state nature of "interest 5 Location of property- Of-r— 2:t,4 /...k-i✓, 6 Assessor's map Lot (s ) # S 7 Zoning district a Number of buildings on lot Total floor 77 9 Present use of premises Rr-S Z�T-- A-�C'r, I 10 Proposed use of ,premises and extent of proposed construction: C' 11 Has Building Commissioner refused a building permit : yes- no `-� 12 What section of the zoning bylaw do you ask to be varied: d I, I 13 State your reasons for requesting a variance: IT iA-� i� < --- r r`J ( "--4-C 7-7 z E-- X)4 nJ tce- 14 IMPORTANT - All variance petitions must include the following information drawn-,to scale', with the petition forme l the di mens!dns.-of 'the'--land; 3 the exact -location` of the i mpr'o'vement s so 1 and ing 2 the location of exist buildings on the... ught._ to be placed on the land. f" Petitions filed without such •pians. will be returned without action by the Board of Appeals . Respectfully sub t (signature) __ a _ � i- �o (.d t ) DEPARTMENTS OF PLANNING ,AND. DEVELOPMENT . TOYINO BBAFS76 E _ . REPORT ZONING BOAftO4F c Date: February`02, . 1990 To: Sarnstat I , Zon i ng Board of. Appeq l s a _ From: A 4tq Tra _zy Principal Planner 'Subject: App 1 i cat=ion # 1 990-04 & I I Applicant ; Arthur F . Clark From materials submitted by ,the applicant i.t appears that a: request to. the Zon i;ng Board, of Appea Is 'i s be i ng' made for,:C Special Permit under Section 3- 1 . 3 (3) (C) Conditional Uses - Family Apartments, to allow for the conversion of .a structure -.that was originally built -as a garage and :has since been conver.ted '.into 'living space,; and, Variance to Section . 3- 1 .,3 ( 5) Bulk Regulations - Setbacks to permit : A-.gazebo, l-ocated in the southwest corner of the lot , to encroach 8. 5 feet into` the regL i'red ten'-( 10 ) foot side yard and 7`. 5 feet into the required .ken ( 10) foot rear yard setbacks:; A shed', located in the northwest corner of the lot:, to encroach' 8 feet into the required ten ( 0) "foot side yard and nine (9) ' feet into the required ten ( 10) foot rear yard setback and A structure. identified as a "former- garage to: . encroach ' 0. 7 feet to. 2. 0 feet into the required-''.ten (4 0) foot .'s i rye yard. Furthermore,, the app l i cant's -attorney' has submitted in hi s letter of January. 30., 1990, that the concerns for the setbacks of the structure i d'lent i,f i ed as "Former.., Garage" fri l l within the 10 year statute of � I i m itat i ons. under MGL Chapter 40A, Section 7. CONCERNS:, Encroachment .of Garage in Rear Setback: 1f the drawing submitted is close to accurate, 'i't appears that the back we'll of the "former garage" structure Filso encroaches on the rear yard setback. Statute of Limitation: In consideration of the ten year statute of . li.mit.ations, information s_ubmi.tted from the attorney is Hmited' to construction of the slab only. When was the slab enclosed (construction of walls and`' roof) and at what time was the use of the structure as a. garage discontinued and the use as living space created?`� ti What was the original size (dimensions) .of the .slab poured in 1979? Attached i s a copy of .an app l i cat i'on ,for 'a building permit made by the applicant in 1983 (the illustration has been enhanced for clear copyin-g) . This , appl,ication depicts the garage structure as an existing 'rectangular- building estimated by the department t.o be 30 Feet:. by 19 feet . if this drawing is correct; then at some point after 1983 , the off-set rear portion of the structure was built . It appears that this section of the s.tru:cture may be encr.oach'i ng on th, rear setbacks: t GAzo Fo�zt r� ZE- E 9.3' t I I b � w Ito I MAW r+sxssut s n,up u„u wt nuu.uet ............... ., r.•! - on.i yJ/.••y �Iz'C• moo.. •-��% Sewage Permit number ...................................... 1 ndnsersnu Housenumber .........'........:.....:................................................ on, )o• a rD VAI b TOWN DF BARNSTABLE CUILIG I S ,ECTO APPLICATION FOR PERMIT TO ....... `l�� TYPE OF CONSTRUCTION - ) CC��`i,.:--....::.......... . TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a perinit:c,ccording to the following information: /it LC c-s t .� Location ....../�C� i'`) .....-?. ` ........................................ Proposed Use ......................1J'....t. .....` lLl.��.. � ......... ... .. Zoning District ........ . ...Fire District � ... Nome of Owner .. rF�'-'` ......••• Nome of Builder ...........'.�.:.'.t.:.`. �.C.._... ..... .......Address ............................. ...........................I............... Nomeof Architect .................................................................Address ................................................................................... Number of Rooms ..............:... ................................. ..:_...Foundation .. �.�.�Ll..�j.......:........:..............:............... I Exterior Ct�.1. ....................................... :..... Roofing ............. J � 1:« `..... .. Floors ..... .........Imerior ......`: ....... , .... ..f��lf(. L . . ............. 3......... Heating ....... .... D�... .�i. f ........ .......Plumbing Fireplace ...................... --- ........ .... .. ...Approximale Cost .........fir; ...4! .:.... Definitive Plan Approved by Planning Board _ _ ...19........: Area .. - S Diagram of lot and Building with Dimensions Fee SUBJECT TO APPROVAL OFr BOARD OF HEALTH.,tFY (Z >< Via' .�5�/ � '�a' — �.,��T,�, _• , 1 OCCUPANCY PERMITS REOUVRED FOR IEW DWELLINGS t f hereby agree to car form 90 oil the Rules and Regulations of the Town of Barnstable re ard-11 g t e above construction. None .L... .:..CtC.; l.r'......:...... t i ' GAZGt30 f C� 'tb UA , � r Y } ' 1� �V o111 f I - S �' RICNAD. 'y { \ V Cox, a A. r CcmC• BAXTER 040 cE e T/G/Ev 1-O 7 Zac.47"/0/(/ O:STE�V.1e 4 , f. GcZri Fy r4A-r Ti4G BL.1 Lpl Q&5 `--44CV,/ Ma I..OG:1TtL� bf� TPE GROUND —• f: :�X TE�2� �t/yE /RUC. O.v .4,V AEG/STD 22F� L /O SUE'fi6yC��? , �r�,45E 7s.5'?e7 t.W No - g,� .,. r ALBERT J. SCHULZ ATTORNEY AT LAW i LL 7 PARKER ROAD . ; OSTERVILLE,MASSACfIUSETTS 02655 ' (508)428-0950 TELECOPIER(508)420.1536 g���staA 'February 13, ' 1990 . Luke P. Lally, Chairman Barnstable Zoning Board of. Appeals Town Hall 367 Main Street Hyannis MA .02601 ' re: Appeal No. 1990-04 & 11. ' Applicant, Arthur F. = Clark" Dear Mr. Lally: I enclose -herewith Affidavit of Paul F. 'Wlliams , - addressing -the concerns set forth in the Department of Planning and Development Report of February 2, 199.0, in connection with the above captioned matter. Although Mr.' Williams, states that, to the best of his . knowledge, construction of the, garage began in the fall of 1979, I submit that for purposes of the 1-0 year statue' of limitations., the only important date is the pouring of the foundation, since under M.G.'L. c. 40A Sec:tion '7,: any action, to remove a structure must be commenced "within ten years after the commencement of the alleged violation"` (emphasis added) . If you require additional information, please.' `feel' free to `call me. Sincerely; \ Albert J Schulz;. A,7S:ssh Enc. File No. `19376 cc: Joseph 'D. DaLuz, Building Commissioner Arthur P. Traczyk, Principal Planner Arthur F: Clark RA VV ALBERT J. SCHULZ V ATTORNEY AT LAW - 7 PARKER ROAD ' r ' OSTERVILLE,MA55ACHUSETTS 02655 - - (508)428-0950 e TELECOPIER(508)420d536-` , MVM OF USTASL January. 30, 1990 Luke P—Lally, Chairman Zoning Board of Appeals Town of Barnstable _367 Main Street r Hyannis 'MA 02601 re:� Arthur F. Clark Appeal No. 1990-04 _ . .Special Permit -, 'Family Apartment. Dear bq Lally: I rdpresent"Arthur F'. Clark. who appeared_ bef ore: you r Board on January 1,9, 1990 seeking a special ' .permit , for a family apartment on the second floor of an existing garage. At that meeting, a question arose concerning the fact that the garage encroaches between 7 feet and 2.0 `feet .into, the required 1.0 foot side yard setback, and that no variance was ever allowed. Mr. Clark has supplied me with. three ( 3') b lls. dated April 30, 1979, May 1 ,: 1979, and August 1, 1979 for work performed in excavating and constructing the garage foundation. I enclose copies of these bills for your information. Although . no building permit was ever issued for t1iis ,project, it is my opinion that since the garage foundation has existed for more than ten ( 10) years, no variance is -needed. Specifically, the second paragraph of M:G.L. c. 40:;` Section', 7' provides ' in part as-,follo,as ..JIno action, the effect or purpose of which is to; compel the removal. . of any structure: . by; reason of any alleged ,violatio.n of" the provisions of this chapter, or any, ordinance or by-l'aw adopted _ thereunder. . . .shall be -maintained,- unless such action is commenced.'. . .within ten years. after the commencement of the alleged violation. . . " . I Mr. Clark will be happy to obtain affidavits from Mr. Williams, Mr. Farrington, or Mr. Barry, attesting to their authenticity., if. you so determine. Plese advise me or Mr. Clark before your February 19th meeting when, I understand, this matter is again on the agenda. If you have any questions, please . feel free -to call. me. S' ce ely, lbert I. Schulz AJS ssh File No. 19376 a cc: Joseph daLuz , Arthur- F. Clark 2 Map Page 1 of 1 Town of Barnstable Geographic Information System New search Home Help Parcel Viewer Custom Map .Abutters Map Size [3 ❑ Zoom Out In - - dj I_3PG .Map: 119 Parcel: 044 Full Property rr P Y Location: 158 WINTERGREEN CIRCLE Info Owner: CLARK,ARTHUR F&JOANNE G 0'. /, .a v ,(*` , Location Information Map&Parcel 1,19044 'A"'. , Location 158 WINTERGREEN CIRCLE q 1161i. q Acreage 0.31 acres Current Owner Mailing Address- CLARK,ARTHUR F&JOANNE G (' + •„'+'sty .s .!' {f 158 WINTERGREEN CIR OSTERVILLE,MA 02655 �f r r ' A 158 R 7 E Appraised Value.(FY 2010) Extra Features $3,600 F rrA� g � Out Buildings $0 IT, Fes„ '° v A �.�' .Land. $156,100 � Buildings $310,800 Total Appraised $470,500 - 1190.48 r L O ' M 8 A sed Value 2010 ( ) sses as9 > a , n9na1 A Extra Features $3,600 0` Fe Out Buildings $0 Land $156;100 - Buildings $310,800 + Total Assessed $470,500 Set Scale 1" = SS �� April 2008 �li� MAP DISCLAIMER . • J Copyright 2005-2010 Town of Barnstable,MA All rights reserved.Send questions or comments to GIS BarnstableMA V1.2.3867 [.Production] 1 , http H66.203.95.236/arcims/appgeoapp/map.aspx?propertyID=11... 9/10/2010 I . Map Page 1 of 1 Town of Barnstable Geographic Information System New Search Home I Help Parcel Viewer Custom Map Abutters Map.Size MINE Zoom OutOMMIld flifi g In Full JPG 1 Map: 119 Parcel: 044 Property Location: 158 WINTERGREEN CIRCLE Info ` `- Owner: CLARK,ARTHUR F&JOANNE G 2 l'* t18045 c _ 1 Location Information .. _ ...- _............................ ....._ Map&Parcel 119044 �ii a1 Locatton 158 WINTERGREEN CIRCLE Acreage 0.31 acres r- � �✓>, rid 1#,t5d1 g Current Owner 3 i Mailing Address CLARK,ARTHUR F&JOANNE G i 153 WINTERGREEN CIR - F i a 114045 OSTERVILLE,MA 02655 0 Appraised Value(FY 2010) .,.... Extra Features $3,600 Out Buildings, $0 i �r "� m y^• - Land $156,100 Buildings $310,800 y Total Appraised $470,500 190 - —_— ------ — - nsd,4a it y 11�=3 F 'Assessed Value(FY 2010) ....... __ ........ ...... _._... - , Extra Features $3.600 � f y Out Buildings $0 >r ;xHF ,.� � x Land $156,100 Buildings $310,800 " '"P Total Assessed $470,500 Set Scale 1"= 58 A nl 2008 MAP DISCLAIMER Copyright 2005-2010 Town of Barnstable,MA All rights reserved.Send questions or comments to GIS BarnstableMA V1.2.3867 [Production] . s http://66.203.95.23 6/arcims/appgeoapp/map.aspx?propertyID=11... 9/10/2010 TOWN. -OF BARNSTABLE £ ., ZOW NG BOARD xOF_- APPEALS SPEC Mr.., 'PERM-I T. >DEC I S t•ON AND NOT ICE, APPLICATION: #1990 APPLICANT: • ARTHUR CL'ARk w _ At za regul•ar`1y sched,ul`ed 'heari<ng, -of the '=Bar rrstab1,0 Zoning . ; Board! of •Appeals ;;; he_[. n •`Jan�-ary 1;:;8'; '11990 'and c-o'nt;inued `to Fe-brual y 22 ,> 1990, and 'to IViarch ..8., •1,990 ;•`not ice o-f;_,whi ch•'was.' d°u I.y pu,b I i shed i h t he Ba'nn`s t ab I e Pa;t r`Po•t.,an d "not i ce ofi wh i:chi pte was -forwarded to�al,! inter'ested. ,pa'rties, purs'uantt' to. 'Char 40A 'of th'e Genera'I Laws. af' Massachusetts , .ache app-1 i caht Arthur Clarks;, appi ied`,to, theyeo;ard or .a, Speci`al `Per'mi 't< pursuant` to Sectionr.3=1 1 (3 } :{:D) Famia.y` a pa'rtments..:of 'the M Zon i ng.,By I aW. . The appl !•cam ' s property- 'i.s,. 1ocated.'•at 15�8FWinteargre_en St reef Os te rv�i I'Ie , "MA,- as shown on-' Assessors Ma`p 119', lot y i. en t.i a° flst- s n R i r c44 . I t t The applicant or ',:gi`naI ly appl i.ed far a Speci4` I Permit for Ja f.ami l y a:parfinent - t'o 6e I grated on t;he second #t i o:or o''f an- existing °garage a,nd ` to _be occu.;pied'jby .h'i`s mother - in- L-aw At, the meeting of. Janu.ary.y18 , 19'90 Mr: Clark 'st:ated:.thaf he woui d be return i ng..ta f°he Board wi t`h .an. app J.ca't i'on f,b r ' va,r,i ance re I i e V fo r a£ gazebound woodshed bo<;t.h o:f which" ehcroach into the. side yard and 'th-e rear yard setbacks'. Also discussed at, th-i's hear,''i.ng;, was'-the fact " -that:_ ;t he_` garage , �i tsel f . is� in viol>at ion sof. the` setback requi remen:t's . A -r oration was made, "`andr unani.maus y -passed„;:. to postpone the hear i n.g: unt i l such, t ime as the app°L i cant,, +cowl d r`eadvert i se ~ ' for` both: fhe' var'i'a�rice; re ! ief needed'�and the. S:pee`-ial Permit f`o.r,• t'h"e `fami I.y apar•tiient The.-ap'pI icant re;t`urned Fe'brruary 22 , .1990 w'i,t,h a the applicatJ on,."for a 'iSpeci•al -Permit for aa.;:fam4,y apartment whi ch -i s ,Rf i i'ed ,as Appeal, Na Jr,990-04 antl a ,'.p_et i't ion•- for Var.i ance re I.i.ef , i'or t`he gar,age:'; gyazets.o -and w,:oods.hed`• which i s'. .filed as Appeal `No . 1990- 11 , Mr. '.C1.ark stated that construc.YtIon'.>on ` the ygarage -wasY .beg`un during the Spring of 1979 ,and he .presen.teb.l';. < Boar.d -with three 'c'opies ,°of bi l is for the .work. one and.; ar�f i.dav:i.ts 'fr;om the .people ,who'' p;e'rf'o"rmed , the -work". Acf ing. Cha:i, rman ,; 'Dexter BI iss ; read they ai,ff-idavi t's' to the Board Mr . ` C'IArk�. stated that he is under the impression that because the garage is . ' now ten years old , it has grandfather protection ( i . e . the . z statute of Iimitaa-ion:s for the zoning vi`ol'ation has a expired ) . A letter in reference to this •matter Ifrom 'Mr. Clark' s attorney , Albert Schulz, has been submi -tted. to the Board . Mr . Clark stated that when the garag-e was built .he had no intention of adding on to it . The area where the family apartment is to be- 'located" was a'ddedk on flive years ago 'and- contained one bedroom used by Mr . Clark ' s in- laws . The , problem with the I-ocation of the .apartmen.t is due to`. the shape of the existing garage and the location ofla garden pool . There is a permitted deck. i.n thisarea ; the extra deck space was needed, for the addition . Mr . Clairk stated that the addition was not and- .,is not intended to be permanent ; when 'the ' family apartment is -no longer needed it will be removed and the deck will 'be reduced . Photographs of the garage were submitted to the Board . Mr . Clark stated that .he is, in the process of rem oving an attached shed from the ga-rage and this ,YwiI1 1essien the amounth of encroachment . When the ` sed is removeld , . t.he garage will encroach 0 . 7" into the required ten ( 10 )'a. f.00t ` side yard setback. Mr .. Clark stated that he .feels 't.hat the topography if the yard , , with the placement_ of .ponds and gardens , does 'no.t allow h.im al terna't i;ves as 'to where he can,. locate. structures . '- Mr . CI ark Is gardens have been written about in national publications such as Better Homes,_,.and^Gardens . The Board addressed the quest°ion of the septic system. Mr-. Clark stated that there is a septic ,system consisting of four tanks and the system. is :oh file with the Board of Health . Mr . Clark agreed to obtain this informa�tion-`from the Board of Health and to pr-esent it to the Board 'of Appeals . The necessary information was Later priesemted to the Board and the septic was found to b.e in compliance with the policies and procedures:. of: .the Board of Health prior to Mr . Clark ' s commencing his current applications . The Board voted to grant Variance re] ief for, the si-cle and rear of the garage and for the gazebo- on the condit.i`on that the woodshed and- the attached shed on the garage be 'either removed or made c;onfo-rming. k FINDINGS OF FACT: - f Based upon the information provided , the 'Zoning Bo'ard . afi e Appals made the folYlowing findings of fact : 1 . The encroachment of the garage is minimal and a Variance has been granted for this encroachment ; a 2 . The appl i`cant comp I i es with the" Zoning. Bylaw as i. t pertains -to family a°partme:nts . The. vote on the , findings of fact was as follows :'_ , AYES : BOY., BURLINGAME, NIGHTINGALE NAYES : NONE DECISION : Based upon the information provided and the 'findings of fact , at a meeting held March 8, 1990 , by a motion duly made and seconded , the, Zoning Board of Appeals voted .to gr:an.t th-e Special Permit for .a family apartment with the f.olIowin'a conditions : 1 . The ' fami ly apar.'tment sha11 be in compi iance`wi to the Zoning Bylaw; 2-. The applicant. shall -Fcomply`with aI ,l Board- of Health ., r,egu I a t i ons ; and 3 . The Spec i,a I.' Permi t sha I I not tai<e effect Lint i i . ,the attached shed and the woodshed are removed or made conforming . The vote was as follows : AYES: BLISS , BOY- BU'RLING.AME, BURMAN , NIGHTINGALE , NAYES : NONE Note: Dexter Bliss and Gene .Burman cast . f,heir votes -a t the meeting of February 22 1990 . p I Any person aggrieved by this decision may appeal to. the: Barnstable Superior Court, ;as, described in_•Section •17 .of Chapter 40A of the' General Laws of the Co=onwealth of Massachusetts by bringi-1g..an action within twenty days after. the decision has been filed in the office of the Town Clerk. ' Chairman- I' a r Clerk of the Town of Barustable', Barnstable Councy, Mas,a`sehusetts, hereby certify that twenty (20) days have elapsed since the.°hoard of Appeals rendered its decision in the above entitled petition and 'that no appeal of. said decision has been filed in the office of the Town Clerk: Signed and Sealed this, 'f �i If - day or r , 19f ender the pains and penalties of perjury. f r Distribution: i Property Owner Town 'f' ' .Town Clerk Clerk , Applicant Persons Interested Building Inspectcr Public In.fo—=ar-4.cn: Board of Appeals k. x r - C`+ =H ETOb HLL TOWN OF BARNSTABLE APPL I CAT"ION FOR A .$PEC I AL PERMIT . Appe.a 1 Date filed with : Hearing date Town Clerk Decision due The undersigned hereby applies to the Barnstable Zoning 61oa*rd of Appeals , for a 'Special. Permit, in the manner nd for the .reasons hereinafter set forth: ! Applicant Names Tel : q.2 Address7` d . 2 Owner Name:��K � Tel Address: 3 How long have you owned the property:' 4 If applicant is different from owner, state natur."e of interest: 5 Location of property:* - W.i s-p-1_ )I L.- 6 Assessor's map # 115 Lot (s)' 7 Zoning district : 8 Number of buildings on: iot Z ; Total floor area ��y � 7� 9 Present use of prem i ses_ 1 /lox I0 Proposed use of premises and extent °of proposed construction : c 4r 4-<t- l 4 rt'.;cdc o) f"a 11 Has -Building Commissioner refused. a building permit : yes_ ; no 12 Pursuant to what section of the zoning bylaw do you apply for a Special Permit: 13 State your .reasons for apply pPlyfng for a Special Permit : . 14 IMPORTANT - All Special Perini t app i I cat i ons must'information, drawn to scan;e,' include, the, follo' wingwithPPlication .form:I the dimensions. of the .'l4and; 2 the location of existing buildings on the land; 3 the exact location of 'the improvements sough to beM1placed =on h land. the Applications filed without with such' Information_will be returned ` action by the Board of Appeal..s: ' out 15 Site Plan Review: tertaIn .appli cat ions to the Zoninc Board of Appeals for a Special Permit require site Plan Secion 4-7 of the Barnstable. Zoning- Bylaw. . Thereforew th 5vant to; must be completed by .the . Bu'i,1 di ncg 'Commi ss P.oner or,''h i.s ties i>r�neest�on determine if site plan ;revie 1. w is required 'for your "a.pplic Lion, 1 If site plan review is not required, the Building Commissif indicate so in the space provided below and oner shell rna ;t ou file .on application with the Town Clerk and . Appeals: If s he 'off'ice of' the Zoni:.n'g Board of to plan review 1s required, YOU must .first obta fin e "Certificate of Review" from:.the Bui.ld. n9<that you have completed the, site plan ' Commissioner which indicates re9 process. The Building Commi.ssioner•�s _office "wi 1 1 a information to a �+ provide you with the necessary pP y ,for site, pian review if it is required, if=q:t� an review is re uired failure of •thP °Certificate of Review". when this a ' licationcistfi�ednwithpthe 7_oninn Board of A eats shall be rounds for denial of the S ecial Permit:: --.yes , Site plan Rev i ew=J s . required for th.i s a 1 PP cation. o, Site Plan Review .is not required for the fol-lowi.n _g re sons: Respectfully sub h (signature) (date) TOWN OF BARNSTABLE MAIL v&- C Ir G5 UNDERGROUND FUEL AND CHEMICAL STORAGE SYSTEMS OJQu ASSESSORS MAP NO. PARCEL NO. ` ADDRESS! 168 �I,y 7'Q-lt-r R,��� Cl/Z.. VILLAGE' CDs CONTACT PERSON V ic-PT— PHONE NUMBER �Od'�$- $ T3'J LOCATION OF TANKS: CAPACITY: ___,.TYPE, OF' FUEL. AGE: TYPE: LEAK _ OR CHEMICAL: DETECTION - - - v�1. 0iL SYSTvM,_. l. U iy'D Cam+--S2ou rob - oz r5i�c- � ,� w6.D6� flop- or�ez /At AS 6,PO6&fr DATE OF PURCHASE OF EACH: 1. -0/-63 2. 7I 3. 4. 5. _ DATE OF FIRE DEPARTMENT PERMIT: skq2_. TESTING CERTIFICATION SUBMITTED: PASSED DID NOT PASS PLEASE PROVIDE A SKETCH SHOWING THE LOCATION0�OF TANKS ON THE BACK OF THIS CARD. .,v -ems.�'�2��.v \.��. r � � T c � C � � .� y, � �� � � l l-• TOWN OF BARNSTABLE LOCATION ���fj�Ji��'i! ��'L. SEWAGE # VILLAGE ikA-Z-,ASSESSOR'S MAP & LOT �1 INSTALLER'S NAME & PHONE NO. 1 SEPTIC TANK CAPACITY LEACHING FACILITYAtype) (size) NO. OF BEDROOMS PRIVATE WELL OR PUBLIC WATER BUILDER OR OWNER DATE PERMIT ISSUED: DATE COMPLIANCE ISSUED: VARIANCE GRANTED: Yes No /� � � �` 1 i � � �� �J. U