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0313 ELLIOTT ROAD
k a i F l TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION OC jai Map4Z Parcel 071 Application # Health Division Date Issued &0 Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board n Historic - OKH _ Preservation/ Hyannis (�y� Project Street Address 3f3 01 Village P4., -r ®#e Owner IC.I�ae ) tic/ o Et4ZOCO � Ir/7• Address 3 3 � b �l�et � [ �• �1pf���- Telephone its — e VS7.2 T M = i �1 Permit Request �_L e,+ J�—ew a e AUG r aRECT JBy - 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 ❑ No Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing —hew Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: 0 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 APPLICANT INFORMATION (BUILDER OR HOMEOWNER) t Name `e Q P� W. CL 1�Y Telephone Number 7 3,72 Address f 3 iFw,ro AiP e e` License # 2o�i nt.,4 622 _ 2 Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 23 -old '=SIGNATU DATE y i FOR OFFICIAL USE ONLY APPLICATION# r I DATE ISSUED MAP/PARCEL NO.. r ADDRESS j VILLAGE OWNER- DATE OF INSPECTION: FOUNDATION, - - i FRAME 9I3�i ' } INSULATION ( _916 1I o, FIREPLACE ELECTRICAL: ROUGH FINAL 'z PLUMBING: ROUGH FINAL GAS rvi ROUGH :a,° FINAL k .FINAL BUILDING' i DATE CLOSED OUT ` ASSOCIATION PLAN NO. E ' 1 The Commonwealth of Massachusetts Y Department of Industrial Accidents Office of Investigations 600 Washington Street . tc k Boston, MA 02111 yy www.m ass.go v/dl•a Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le ibl Name (Business/Organization/Individual): A,, �' C Address: 3)3 City/State/Zip:QA' r lei f 32 phone M -79�-YJ Are you an employer?-Check the appropriate box: ' Type of project (required): ].❑ I am a employer with 4. 1 am a general contractor and 1 * have'hired_the sub-contractors.. 6. ❑ New construction erriployees (full and/or pact-time). 2. I am a sole propnetor.or partner- listed on the attached sheet. 7. Remodeling ship and have no employees These sub-contractors have g. Demolition workingfor me in an capacity. employees and have workers' Y P tY 9. [] Building addition [No workers' comp. insurance comp. insurance.! i 5. Q We are a corporation and its 10.❑ Electrical repairs or additions required.] 3 1 am a bOmeowner doing all work officers have exercised their ] LF❑ Plumbing repairs or additions Xmyself. [No workers' comp. right of exemption per MGL 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#1 must also fill out the section below showing their workers'compensation policy information. t Homcowncrs who submit this affidavit indicating they are doing all work and then hire outside contractors must submit'a new 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 workcrs'comp.policy number. I am an employer that isproviding workers'compensation insurance for my employees. Below is thepolicy 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 MCL 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 may be forwarded to the Office of Investigations of the DIA for insurance coverage verification: I do hereby certify under th p 'ns and penalties ofperjury that the information provided ab ve is true and correct. Si nature; -a Phone#' ,`l k'7%* /4 A Official use only: Do not write in this area, to be completed by city•or town official City or Town:. Permit/License# Issuing Authority (circle one): 1. Board of Health 7. Building Department 3, City/Town Clerk 4. Electrical Inspector S. Plumbing Inspector 6, Other Contact Person: Phone#: fnfor*mation and fnstructzons Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees, Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written'' An employer is defined as "an individual, partnership, associalion, corporation or other legal entity, or any two or more int enletpr e , ise, and including (he legal representatives of a deceased employr or the of the foregoing engaged in a jo receiver or trustee of a❑ individual; partnership, associalion or other legal entity, employing employees, However the owner of a dwelling house having not more [ban three apartments and who resideslherein, or the occupant of the dwelling house of another who employs persons to do maintenance, constniction or repair work on such dwelling house or on the grounds or building appurtenaoi 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 renew.21 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 chapter 152, §25C(7) stales "Neither the commonwealth nor any ofifs political subdivisions shall enter into any contract for Lheperfonnance ofpublic-work until acceptable evidence ofcompliance with the insurance requirements ofihis chapter have been presented to the contracting authority." Applicants Please fill out.the workers' compensation affidavit completely, by checking the boxes that apply to your sIru at)on and, if necessary,supply sub-conLractor(s) name(s), addresses) and phone numbers)along with their certificate(s) of insurance, ):.united Liability Companies (LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. if an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Ind,-Istria! Accidents for confirmation ofinsurancc coverage. Also be sure to sign and date th•e affidavit, The affidavit should se is requested not the Department of be returned to the city or town lhat•the application for the pen-nit or licen Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a,wo.rkers' 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 Jr,gibly, The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of investigations has to contact you regarding the applicant. Please be sure to fill in the permiVlicense number which wiJl be used as a.reference number, In addition,an applicant that must submitmul hip)e Perini till cense applications in any given year, need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address" the applicant should write"all locations in __(city or town)."A copy of the affidavit tbal has been officially stamped or marked by the city or sown may be provided to the applicant as proof that a valid affidavit is on file for future pCTMl or licenses. Anew affdavitTnust be filled out each year. Where a home owner or citizen is obtaining a license or permit not relaled to any busine ssor commercial venture (i.e, a dog license or permit to burn leaves etc,) said person is NOT required to complete this affidavit. The Office of lnvesligattons wou e o �ikynn��adv� f�y� nnrratinn and should youhave any questions, please do not besitate to giv+e us a call. The Deparlment's'address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Lnvestigations 600 Washington Street Boston, MA 02 11 1 Tel. # 617-727-4900 ext 406 or l-877-MASSAFE Fax # 617-727-7749 Revised 1-24-07 www.lTiass.gov/dia TovVh .o'f:B'-rnstable � : ReguIatory,��Ser>v� ices" w` `= Thomas F. Gei)er, ct.Direor, "`n.ttrxsrtsr�, '� ,$ Building Division Tom Perry,;Biulding CominsstonerA x F, 200 Main Street Hyannis, 1viA 0260,1' * ' vsw�v town barnstable ma us >.: 2 038 Fax: '508 790=620 3 6 -4 Office: 508 8 ,°" w� b •. HONEOWNER'LI EXEMPTION' ` Please Prin[p r": e i4 DATE: JOB LOCAT]ON: number =strcct a �r?village "HOMEOWNER': 1�l.�R,e��rv— name home phone# ' ! work phoric#. 1! . r , ; 1 CURRENT MAI-LING ADDRESS l 1 :+ / city/town state ap code M; nc.current exemption for .`homeowners"was extended to-include owner occupied'dwe]Iin s,of six units orFlesS and , to allow homeowners to,engage an mtiividual pr'hire wH6 does notpos`sessma'l cense,.proyided thatkthe owner acts supervisor_ F `f `DEMMON.0F,f307vIEO5iTER ado e there is oris+mten e t'c``>o land o 'c she es'des or' t '�,.e dt:' o which 0 o a ar eI f n which h / r > to ends.tors n who owns Persons) p �.:, ,. br,'a one ortwo-family dwelUng;'attached or detached structures accessory•to such use_and/or fa=structures::,A i s ., .,a person who constrycts more than�one home m a two-year period,shall not.be considered a homeowner: Such F o. ,, "homeowner"shall submit to the Building Ofbcial on a form ace table,to the Bu�ldin 'Official that he/she shall be g responsible for all such vrork'perfbime under the buildinh permit. (Section Tl�e undersigned"homeowner"assumes responsibility for'cornpliance with the State$uildsng Code and other - applicable codes, bylaws,riles and regulations. ne undersigned,"ho eownrr" certifies that:he/she:uDderstands.tfie Town'of.Barnsiable.Building Deparoneiit rm=UM inspection'proce'dures and.requiremen"ts and that:hE sh6'vrill comply with said'..prbcr, res and requirements. x Signatiirc of Homeowner " APProval of Building`Ofcia] ' Note:'Three-family dwellings containing 35;000 cubic:feet or larg.`er will be required to°eoir�ly with the :State Building Code Section.127'0 Constriction Control t HOMEOwNER'S''EXEI+IPTION The Codc states that: "Any homcowncr performing work for which vbui)ding pernvt is required-shall be cxerripb$om,the provisions ' P• of.this scction.(Scction 109.1.1 Liccnsmg`pftpnstruciJon Superosors);provided-that if.thc homcov icr,rngagcs a person(s)for flint tD do such work that such Homcowri r shall act as super visor w r Many homcowncrs who use this-xelnption arc unawu-e"that thry art assurmng th.responsibilitics ofia svperosor_(sx Appendix'Q r `Rulcs&Rcgvlations for Licensing Cbhstrnction 5upery sons;Scrhon�,1�-.This lack of awareness'often results in serous problerru,particu)arly when the homeowner hirrs•unliccnscd pcJsoru In this cast,°our Board cannot procccd against the unliccnscd,pcison-as it�ou1d with a licensed 5vpervisor. T}ic homeowner acting'as Superosoi is ulttmztc)y responsib)r. t To ensure that die homeowner tsfuI)y---aware of his/her responsi111 'Cs;many communities rrquire, as Vpart of the permit application z^ that the homeowner ccrtify_that lidshe undcistan'ds the mspD'nEbilitiii of a Superri3or.',On Ihe;last page of this issue is e form'currenfy uscd:by several fawns. You may carEt amend;"and adopt such a forir✓ccrtif cats on'foi-use in your.community, > f 5 4 Q forrra:homcczcmpt .. 41 r. .r TTti Town of Barnstable . Regulatory Services p M12¢ Thomas F. Geiler,Director Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 i www.town,barnstable.ma.us office: 508-862-4038 Fax: 508-790-6230 Property Owner Must ,r -Complete and Sign This Sect oEr, If Using A Builder as,Owner of the subject.property hereby authorize to act on my behalf, M 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 Homeowners License Exemption Form on the reverse side. Q:FORMS:O WNERPERMISSION i -PRESS PERMIT Town of Barnstable *Permit#c> ° V' 3-3oo Expires 6 montlis from issue date AUG 2 4 2007 Regulatory Services Fee 33., �a TOWN OF BARNSTABLE Thomas F.Geiler,Director Building Division V Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 30�0?0— . www.town,barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number 0 Property Address ?J �� 1 V,QJ 1"l ❑Residential . Value of Work Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address 01 N\t 0 OA, L c.,i, C d Cap,;,-� - Contractor's Name V V_ k!q Telephone Number Home Improvement Contractor License#(if applicable) ( �`� Cts `� �0 Construction Supervisor's License#(if applicable) [TWorkman's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ I am the Homeowner I have Worker's Compensation Insurance l Insurance Company Name ;W1 01 jA W orkman's Comp.Policy# 26 (9 / 0 r 7 Copy of Insurance Compliance Certificate must be on file. Permit Request(check box) i E71-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/doors/sliders. 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: Property canW,'stsiperty Owner Letter of Permission. A copy f the ent Contractors License is required. SIGNATURE: Q:Forms:expmtrg Revise06J 06 (! aA a MARK HERBST _ 35 PEEP TOAD ROAD sg „- CENTERVILLE MA 02632 508-420-6216 CELL PHONE 774-238-2938 f V_ PROPOSALSVTOWTED TO: WORK PERFORMED AT: >„ Mike McCord n yI tivtRae€l s'13 1_) 1 , v ��• SAME Centerville MA 02632 508-790-4372 . r 508-280-3931 We herby propose to furnish the materials and perform the labor necessary for the completion of the following, New Roof- Remove 1 It o glesg „ Install new vented drip edge Install ice&water shield at edge « Install 15 lb. felt paper { Install Certaintee d 3 r. al ae resistant architectural shin les yy yy Cut ridge&install cobra vent Replace plumbigg boots Storm nail all shin lames All debris cleaned daily Price includes material, labor&dump fees Main house 6 050.00 Garage 2,200.00( . *Please check&initial choice(s)above.Thank You E All material is guaranteed to be as specified.The above work will be performed in accorandance with ' z the specifications submitted and completed in a substantial workman-like manner for the sum of;,. As specified above&verified with your initials 14 dollars( )with payments as follows; full amount due upon completion ' " *Any alteration(s)from above proposal involving extra costs will be added under a separate written agreement and become an extra charge. ` RESPECTFULLY SUMITT*E " !! 08-14- 7` Mark Herbst ACCEPTANCE OF PROPOSAL F The above price,specifications and conditions are satisfactory. We herby accept this proposal. ,You are authorized to do the work and paympfits will be as pecified above. rk , ^ C U t Signature 3 *This proposal may be withdrawn b said company if n cce ted within 30 days P P Y Y P Y P � ¢ a. a ei ,r'a6 9 h F t r� *�.k ::f to � •�„ ;�''t v � rt t 9� �� d e. t i MMr 3,; -S'� ., s` - . �ii6l v Board ot'Building Re gulat ` HO ions and Stand ME IM ards PRO VEMEN + r c w oNr , r:• RA i e Reg�StraGon�. cTOR , use or registration v ' 126480 before the ex slid for individul use only Expiration 6/8�2008 Board of Building date. If found rrYPe IndsividualAshburton uilding Regulations and return to: } MARK HE =�z Bost ns Mai 0�108ace Rm 13Q! Standards REST Y MARKy riM HERBST 35 PEEP TOAD 1 RD. l CENTERVILLE MA 22 63 B�Put Y Administrator 1 Nof valid Witil ,. �t s nature — ' The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations d 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers" Compensation Insuranceffi.Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): . As'y, kAe�k Address: 75 5- e_� City/State/Zip: C e x� M 4- Phone.#: v` -aS' y V Z) .(0 0?1 6 Are you an employer? Check the appropriate box: Type of project(required):. 1. I am a employer with 3 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. 7. ❑Remodeling ship and have no employees These sub-contractors have 8. ,❑Demolition working for me in any capacity. employees and have workers' 9. ❑Building addition [No workers' comp.insurance comp.insurance.t' • required.] 5. ❑ We are a corporation and its 10,❑Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself [No workers' comp. right of exemption per MGL 12.[<oof 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#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. H the sub-contractors have employees,they must providb their workers'comp.policy number. lam an employer that is providing workers'compensation insurance for my employees. Below isthe policy and f ob site information. Insurance Company Name: Policy#or Self-ins.Lic.M 1 .(0 1 d"�Q1� 7 Expiration Date: Job Site Address: t A r j I.A,�L 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 may be forwarded to the Office of Investigations of the WA for insurance coy a e veAfic,140n. I do hereby certify:ender the par and p altie o p jury that the information provided above is true and correct. Sienature: Date: �7 Phone#: ls' Official use only. Do not write in this area,'tb be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town CIerk 4. Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: ISSUE CERTIFICATE OF INSURANCE PRODUCER TMS CERTI]nCATE IS ISSUED AS A MA'ITF.R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Leonard Insurance Agency Inc DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY TIIE PO Box 494 POLICIES BELOW. Osterville, MA 02655 COMPANIES AFFORDING COVERAGE INSURED Mark Herbst COMPANY A.I.M. Mutual Insurance Co 35 Peep Toad Road LETTER A Centerville, MA 02632 COVERAGES THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY RBQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO 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. CO) POLICY EFFECTIVE POLICY EXPIELATIOD LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMJDDIYY) DATE(MMIDD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE_ $ MMF,RCIAL GENERAL LIABILITY PRODUCTS•COMPIOP AGO. S .tA[NL4 MA.E[:3CCUR PERS081AL&ADV,INJURY $ OWNER'S A CONTRACTOR'S PROT. EACH OCCURRENCE S FIRE DAMAGE(Any une Bm) $ MED.EXPENSE(Any Inm perm S AUTOMOBILE LIABILITY COMBINEDS)NGLE $ ANY AUTO UMIT ALL OW NLZD AUTO$ E00[LY INJURY S SCHEDULB)AUTOS (Per Fz) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per eccidwr) S RGARAGE LIABILITY PROPERTY DAMAGE $ IABILITY EACHOCCURRENCE• S. BRELLA FORM AGORCOATS E HER THAN UMBRELLA FORM WORKER'S COMPENSATION AND A - OTH EMPLOYERS'LIABILITY X TO RY 1.1 7046245012007 91/10/2007 01110/2008 BL-..EAmLAcua)I!Nr s r Uu— A THE PROPRIETORI INCL D — 1 Y LIMIT t SOO OOO PARTNERSIEXECUTIVE OFFWSRS ARE; X EXC EL DISEASE—EA EMPLOYEE $ 100,000 OTHER ESCRIPTIUY OF OPERATIONSII.00AT[nN5N81iICLESISPEC)AL ITSIS CERTIFICATE.HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE [ EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRrfTBN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,13UT FAILURE TO MAIL SUCH NOTICE SHALL.IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND .UPON THE COMPANY. . ITS AGENTS OR REPRESENTATIVES. AUTHORI7Fn RF.PRPNEWATIVR � Assessor's offioe (1st floor}; Assessor's map and lot number ....��. .�. .(.�Q..... = ( ' ` �� y F7NEro�` Board of Health (3rd floor): Sewage Permit number ..... -..7. ............................ . - WITH TITLE 5 _ BASa9YSDLL, i Engineering Department (3rd floor): ,�U♦KTMM ` c rb a House number �,pp ®� r�INV 0 39• 0� APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00.2:00 P.M. only ore uaT N �OF -BARNSTABLE ILDINGr- INSPECTOR p . APPLICATION FOR PERMIT TO .."5.,7. . Chi......��`^��....:.G.r!...... ................................. TYPEOF CONSTRUCTION ...... .0.0A.....��.04.me.r............................................................................... ...........� ......�...................19..�..1 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location Proposed Use .... �.?�.. ��.........aMay.....Ee.S�:CT�`Re�.................................. .............................................................. ZoningDistrict ...... ... .....-...............................................Fire District ... ... ............................................................ Name of Owner �C..... .. G!C. ....V\06 AXSkI...Address�... �.. ....... >V).S..... -`! .4?.�... o c,� �- v` , C co 1, CO c'. rr Name of Builder .....Q.... ........ .......,...Q.......................Address .................M �....................1,IQC1"�t9k „ ........Oc dddb Q S Nameof Architect ......... ..........................................Address ..........Sr -Q-........................................................ Number of Rooms ....�................. .............Foundationr{ ...CC��4b �.,............................ . ......................... Exlerior .MA....L'4K7....6Ag6,z0IC .S........................Roofing ....�n``�6J�? !! !1........................................................ Floors �, C T tr �•���. Interior .... .. G... .... \ . .................................. z �� .__Heating ��.....��.`'�-�.........y...."�.3.,.�...........:...........Plumbing ....�......................................................................... pI'-- Fireplace L...O....�y.... '.SQ� .............................Approximate Cost ....F..7..© d.v. .rr....... Definitive Plan Approved by Planning Board --------------------------------19-------- • Area ......C= 10.I- . Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH EOAP ti VN D 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 . .. ........................ ................................. Construction Supervisor's License .©.)d.Q.,. ........... 1 ., MASSARSKY, DR. JAC ` ;. No s ermit fa ..1 z. Story Seingle...Fam y lling........... Location ..:Lot....#.4; 31 Elliot Road : a� k �Cente?v bile .. ...... ....... .. .mop...b�......... ............................ ..4 ` i { �6 t -i ^"`�` `� ►� + , a Owner ...Dr.....Jack.Mas arsky .. .. .. I . . . ..... ... 4 T e of'Construction _ .. ......... _ .. ..............J...... •,�.. Plot ................... Lot ................................ Permit Granted ..,._December 18 , 19 87 1 7S. Date of Inspection ..,... ....... .........19 Date C mplet d "�`�. `` :. C:1900 TOWN OF BARNSTABLE, MASSACHUSETTS• ® I L®I N G PERMIT . C.? 21 M A APPLICANT DATE —,19 PERM IT I- L Dr- ADDRESS 0 1.0 0.18 (NO.) (STREET) (CONTR'S LICENSE) 4&I cil"(1:1.11.]nrf;' NUMBER OF PERMIT TO J L STORY DWELLING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) ZONING AT (LOCATION) (NO.) (STREET) DISTRICT_ I BETWEEN,_ (CROSS STREET) AND E (CROSS STREET) S U BO I V IS"}ON LOT LOT LOT—BLOCK SIZE BUILDING IS TO BE FT. WIDE By FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP —BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: t" '12N AREA OR VOLUME "f l'. PERMIT (CUBIC/SO U AR E FEET) ESTIMATED COST $ FEE OWNER ADDRESS b BUILDING DEPT. By A THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR ® PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY, NOI SPECIFICALLY PERMITTED UNDER THE BUILDING CODE, MUST BE AP- PROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED —FOR ELECTRICAL, PLUMBING AND I. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS.. 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MEMBERS(REAOY TO LATH). m 3. FINAL INSPECTION BEFORE FINAL INSPECTION HAS BEEN MADE, OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS Al 4, I 2 2 2 CAZY _2 3 HEATING INSPECTION AYROVALS ENGINEERING DEPARTMENT OTHER 7111 If t BOARD OF HEAL WORK SHA' ')T PROCEED UNTIL.THE INSPEC- PERMIT v!LL BECOME NULL AND VOID IF,CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD CAN BE TOR HAS SD THE VARIOUUS STAGES OF WORK IS NOT STARTF'l WITHIN Sk/ MONTHS OF DATE THE ARRANGED FOR 13Y TFLEpHnNE r. CONSTRU, HERMIT ;S ISSIt TT E N NO-I IFICA-1 ION. TOWN OF BA RNSTABLE, MASSACHUSETTS BUILDING PE� DATE 19 :� PERMIT ISiO -__gr APPLICANT Yi':.h_T ;4%U.1tI n. ADDRESS IN0.) (STREET) (CONTR'S LICENSE) PERMIT TO Sui1.Ci iJWi:�_�,:L:?jj �'(=) STORY _ '.�. 1 .1.y C'J.uT('.L3_;1!"?F OF DWENUMBERNG UNITS -� (TYPE OF IMPROVEMENT) NO. ,(PROPOSED USE) P ,l i.,) l ZONING AT (LOCATION) "" DISTRICT— IN 0.) (STREET) BETWEEN AND f (CROSS STREET) (CROSS STREET) SUBDIVISbON� LOT BLOCK LOT ,. SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT, IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION - �( (TYPE) . REMARKS AREA OR -'' VOLUME �L iJ :3t Q 140,1300 PERMIT L�)fF•�S ESTIMATED COST .P FEE (CUBIC/SQUARE FEET) OWNER ADDRESS t_ , f'1 ' ..,,..., BUILDING DEPT. BY /�r :t. I r OR► THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY, NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE, MUST BE AP- PROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIREC FOR ALL CONSTRUCTION WORK: ELECTRICAL, PLUMBING AND 1. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS'RE- MECHANICAL INSTALLATIONS'.,,. - 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MEMBERS(READY TO LATH).3. FINAL INSPECTION FINAL INSPECTION HAS BEEN MADE. BEFORE OCCUPANCY. , POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 2 r , Iy jfcA/ 3 HEATING INSPECTION A ROVALS ENGINEERING DEPARTMENT I, OTHER BOARD OF HEAL WORK SHA' 17T PROCEED UNTIL THE INSPEC_ PERMIT 'N!L L BECOME NULL AND vOI D I F•CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD CAN GE TOR HAS F SD THE VARIODUS STAGES OF WORK IS NOT S TART F.J„WITHIN SIX MONTHS OF DATE THE _ ARRANGED FOR BY TELEPHONE "i3iTTEN CONSTRLG, PERMIT IS ISSU AS ND!r: D ABOVE. NOTIFICATION. tr _ I Fri LOT 5 / 20e 00 w v \ LOT 4 29, a41 SF \Q Co erL, 3 DO 60 o LOT 3 �9 O / -I \ # 87-250 CERTIFIED PLOT PLAN LOCATION : ELLIOT ROAD, CENTERVILLE SCALE I " = 40 ' DATE : 1219187 REFERENCE : L-4 PB 239 PG 131 PREPARED FOR. I HEREBY CERTIFY THAT THE STRUCTURE PETER MOULTON SHOWN ON THIS PLAN IS LOCATED ON THE GROUND Az) SHOWN HEREON. Of STUCTURE CONFORMS TO SETBACK REQUIREMENTS OF I THE TOWN WHEN CONSTRUCTED. goa ARNE y� og H. OJALA C, down cape engineering inc. # CIVIL ENGINEERS LAND SURVEYORS RTE 6A - YARMOUTH, MASS. DATEf SURVEYOR ��•.° '°�.w TOWN OF BARNSTABLE BUILDING DEPARTMENT = r�10T TOWN OFFICE BUILDING ��`41uY►�� HYANNIS, MASS. 02601 MEMO TO: Town Clerk FROM: Building Department DATE: �pf � An Occupancy Permit has been issued for the building authorized by BuildingPermit #........... ..' .. ...............................................................................................................»........................................ issued tor..............--'? ..........:. .� „ !ti/ ...._.. �.... r�� Please release the performance bond. Assessor's offioe (1st floor):, �f /,/�Aq t� Assessor's map'and lot number � .!.. .....(�... ',`'I r` Q�o���E toy` Board.of Health (3rd floor): ( **7� Sewage Permit number :.... / 7.-....1..13Y............... ............ Z BJH3STABLE, S Engineering.,Department(3rd„flo � or): Houte number ................................ ..>/3........................ APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only TOWN OF BARNSTABLE 4 /// lUILDING INSPECTOR _ APPLICATION FOR PERMIT TO .. V,��. .... . �'!\ ... ��sn�` . ..�ee.'k r"C- ................................. TYPE OF CONSTRUCTION ...... .�?a.4?�.... C.!SM .............................................................................. �>...................19..Q. r TO THE INSPECTOR OF BUILDINGS: The undersigned)l hereby applies for a permit according to the following information: Location �oT 4...... �� �O'4 ,...................................................................................... Proposed Use ...��.`.n...1�.... !�- M�� .....6CS. AT\!;e.............................. ZoningDistrict �.....................................................Fire District .............` ............................................................. Name of Owner C`.... ...Address k?... .ST....it`�Gtri»iS dame of Builder Q, 2f...... > 10C....t0.!r\- Address ���...Cc�MtJZ�\„Or.....� Q� vkT� O�� .......... 6 ........... .0 o 5 Name of Architect .......5!SVYhR-..........................................Address .........1�G.`ni pp-........................................................ Number of Rooms ..../0........:................................................Foundation �Jp. .«CJI....Cartes�� ........................... � Exier for .C.eG....�eC �...G: � Q0.Sr .S.......................:Roofing ....G.S !1a�..CA....................................................... Floors c.G. .. ? ...............................................................Interior ...Sk�� CQe�`.. . Heating ... ??..........................PI'urpbin'g ....... L'/ Fireplace . ....�� .. .(....!S�!�G 9!� .............................Approximate Cost P `f v !J d P Definitive Plan Approved by Planning Board _______________________________19--------- . Area .......................................... Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH 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 ... ............. .................................................... Construction Supervisor's License .. MASSARSKY, DR.I JACK A=227-076 -2;0 No ...3.151.9. Permit for ... 5.t;.Q.r.y.. .......... ....... .. ;-Qr-Y? . ........ ...... ... ..... g......... tt Location .......Lot...#.41...... B I 10.tt...Road ......................Q.e.nt.e;r:V.jjj.e....... .. .. .... .. .................. ........... Owner .......Dr.......J.a.c.k... ............ .... .. .. . 1. Type of Construction, ...Fr.aMe......................... ..........I.......................................................I............. Plot ............................ Lot ................................ Permit Granted .... December i8 87.I......................I....19 Date of Inspection ....................................19 Date Completed , .................................... 19 )1 wwk4tw 04 sr'.J .^ -..:.r r o ,r,°a�iae ��t� - fi}t' {: - r .. ly�.:iY^:g "•s:wya,.a „�.y�v':�a•��.. ."�'y�- � ,,,,;�sx± ;� .y.. �tt,t T;"` .``t ,�TMEro TOWN OF BARNSTABLE Permit No. .. 4 ':..... BUILDING DEPARTMENT { """ I TOWN OFFICE BUILDING Cash �tn�r HYANNIS,MASS.02601 Bond ....... .. CERTIFICATE OF USE AND OCCUPANCY Issued to Dr. Jack Massarsky Address Lot #4, 313 Elliot Road Centerville, Mass. USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING.SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND,IN ACCORDANCE WITH SECTION_119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. ........June . 2 9.,......, t9'...8 lee Building Inspector i \i�FQL LOT 5 / \o LOT 4 �T� �c� 29. 841 SF \ Coe•�L;n /O�su 4+1 ell i1J0• � �o X LOT 3 9 / \ # 87-250 CERTIFIED PLOT PLAN LOCATION : ELLIOT ROAD, CENTERVILLE SCALE : 1 " = 40 ' DATE : 1219187 REFERENCE : L—4 PB 239 PG 131 PREPARED FOR. I HEREBY CERTIFY THAT THE STRUCTURE PETER MOM TON SHJWN ON THIS PLAN IS LOCATED ON THE GROUND Aj SHOWN HEREON. STUCTURE CONFORMS TO SETBACK REQUIREMENTS OF THE TOWN WHEN CONSTRUCTED. ; ARNE ��LA o down cape engineering inc. # CIVIL ENGINEERS 1{ � LAND SURVEYORS �G/ � •' s--- PTE 6A - YARMOUTH. MASS. DATES SURVEYOR. Assessor's Office 1st floor Ma 2 -Lot 1 6 Permit#_ -ZC„9— Conservation Office Oth floor 3�� ' Date Issue_d Board of Health Ord floor �V-� E TIC S` S BE Engineering Dept. Ord floor House# INSTALLED CE �I�E- (1st floor/School Admin.Bldg.): WIT s i Definitive Plan Approved by Planning Board 4. 19 ENV1R®�i9N0E AN® TOWN RE (Applications processed 8:30-9:30 a.m. & 1:00-2:00 p.m.) ; TOWN OF BARNSTABLE' . Building�Permit Application Proiect Street Address Village CE rv�{ �i;j LC Fire District c Owner —1-6c.Y. V�A' 4ftPs Address3/3 //roJ:� 12J Ce4*'y1 16- SS Telcphonc Permit Request:-Je-c.k 9:XaL/Wo/ /0�. X 3-0 ' F Zoning District G Flood Plain C Water Protection Lot Size Grandfathered Zoning Board of Appeals Authorization Recorded Current Use Sln��t �� �o, w14l. ae c.k. Proposed Use Construction Type Eaistim!Information Dwelling!Me: Single Family Two family Multi-family Age of structure 7 ,�a S Basement Historic House Finished Old Kinp s Highway V Unfinished ",,Number of Baths L z No. of Bedrooms 3 "total Room Count not including baths � First Floor 9 Heat Type and.Fuel (D!L /10T I,✓A-(Gti Central Air Y4 s Fireplaces 2— . ` Garage: Detached Other Detached Structures: Pool Attached Barn None Sheds Other f. Builder Information Name S� f Telephone number-7-7 T-Z Address 313 q1(,o+-f l2I Ce-, +erv,��e- License# Home Improvement Contractor# Worker's Compensation # NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN (AS BUILT) SHOWING EXISTING, AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 7Wn DV r jn rngn�Yur> Mi�'( r Protect Cost [, V 0 Fee JSU,C-b SIGNATURE DATE BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) BPERM T FOR OFFICE USE ONLY 4/11/95 37626 227.076 = - ADDRESS 313' Elliott Road VILLAGE Centerville t Jack Massarsky OWNER DATE OF INSPECTION: FOUNDATION + FRAME A , INSULATION FIREPLACE ' . 1 ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL 3 GAS: ROUGH FINAL FINAL BUILDING: DATE CLOSED,dUT,F1 '' } 15Z ASSOCIATE,PLAiV } y TOWN OF BARNSTABLE BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please print. DATE JOB. LOCATION Number Street address Section of town "HOMEOWNER" JIQ CD SA/S/< ' ZZ Name Home phone Work phone PRESENT MAILING ADDRESS City town State Zip code The current exemption for "homeowners" was extended to include owner-occupied dwellings of six units or less and to allow such homeowners to engage an in- dividual for hire who does not possess a license, provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER: Persons) who owns a parcel of land on which he/she resides or intends to re- side, on which there is, or is intended to be, a one to six 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 Stat Building Code and other applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will cop1ply with said procedures and requirements. HOMEOWNER'S SIGNATURE APPROVAL OF BUILDING ICIAL Note: Three family dwellings 35, 000 cubic feet, or larger, will be required to comply with State Building Code Section 127. 0, Construction Control. i HOME OWNER' S EXEMPTION The code, state that: "Any Home Owner 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 Home Owner engages a person(s) for hire to do such work, that such Home Ownex shall act as supervisor. " Many Home Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Regulations for licensing Construction Supervisors, Section 2. 15) . This lack of awarenes often results in serious problems, particularly when the Home Owner hires unlicensed persons. In this case our Board cannot proceed against the inlicensed person as it would with licensed. Supervisor. The Home "Ciwner- actin as supervisor is ultimately responsible. To ensure that the Home Owner is fully aware of his/her responsibilities,. man communities require, as part of the permit application, that the Home Owner certify that he/she understands the responsibilities of a supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. of�r� • The Town of Barnstable -�«- llehartment of I-Iealth Safety and Environmental Services Building I)iv-siorl 367 Main Sac a,Hyannis MA 02601 s. Office:•.508 790-6227 F= 508-775 3344 Ralph Commissioner For office use only Permit no. Date AFFIDAVIT HOMEIIKPROV.EM WTCONTRACTbRi.�iW SMIEAUMTOPERM1r'9 ICA1IQN�_,: �<��k''• �< ¢r MGM c.142A requires that the`170 . tutrudion,ali _ Wit, rcmoml,demolitioct,or eowvacoioa pM.CeLdvZ ' building containing at.l =one but not more than four d � to such n-sidence or building be done ��units or: t;o strac�ttes which ate by zegutered contractors,with chain ' �s aooepttoas,along other Type of Work i �k N��/7� N Est.Cost 1, Q Address of.Woric:_ 3� �L ��i 0 . 0 24 3 L OwnerName: h1q6k. S /77ASsAPs Date of Pamit Application: I hereby entity ftt: Work,cxdadcd by Iaw Job under S I,0W Building notoa-nao�icd Oaita pulling own pamit Notice is hcrcby givcn that: '0'%k .TERS PULLING THEIR OWN PERMIT OR DEALING RTIH UNYREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEI EEN7 WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUAR kNrry FUND UNTDER MGL c" I42A :SIG'\'ED UNDER PENALTIES()FPERTURI' . ? hcrcb,2P,•?."fc: r, 7?rii zs t :r_�rxct cf the cNk. C. Cc, r:<rauation No OR A JAnt 1)2tc Owner's namc 11/02 '9; 171: 0' C 61i 277122 DEFT IND ACCID Z-001 0I - — _ :. oUQPRr(nun.f o��J'Ii�(��rCQt,_/VCCGQEn�i l 600 W,,444V&z.Sf,,t James J_Campbell &ton, Ma6d f, 02f f f Commissioner Workers' Compensation Insurance Affidavit with a principal place of business at: (rtr/Se:r�im) do hereby certify under the pains and penalties of perjury, that: () I am an employer providing workers' compensation coverage for my employees working on this job. ! V ? Insurance Company Policy Number {) I am a sole proprietor and have no one working for me in any capacity. () I am a sole proprietor, general cones,.uvr or homeowner (circle one) and have fired the contractors iismd below who have tfTe following workers' compensation polities: Contractor Insurance Company/Policy Plumber Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Plumber I am a homeowner performing all the work myself. C:::;y of r.`:i5 S_;ETIE.'lt k'lli:E fCN:�rCEC[C�e Office cf Irvtyd boas of t`e DIA for cowrzge verification and that tiliure to W,.:re a_<rEc t.Ec ereer 25A of MGL 152 c.;,Ieaa iQ LAC 1'ij CSi(iGn C1 cimina!perK!5eS consis-an¢of a fne of up to S 1,5t?C.GO r.C/cr cr.. )'E2 I---,rLC77nEnt;z well as Civil penzitie„in tie fcT cf a STOP WORK ORDER and a fine of S 100.00 a day apinst me_ Sid d tl;is 1 des of nseelP itt Building Department Licensing Board Selectmens Off-ice Health Department TO VERIFY COVERAGE INFORMATI01,11 CALL: 617-727-4900 X403, 404, 405, 409, 375 TOVN OF EAUS:AB'•_E BUI-LDING PE-MT 310 CMR 10.99 FOf n 2 File No. DA-95001 CF tHE Tyr Centerville Commonwealth = $�sTesL$ _ CityiTown L. of Massachusetts �o r,►.a Applicant Massarsky _• O i639• '�6 =✓ oapYk Jan. 6, 1995 --� Date Request Fled Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 TOWN OF BARNSTABLE ORDINANCES, ARTICLE XXVII From Barnstable Conservation C Issuing Authority To Jack S. Massarsky, D.D.S Same (Name of person making request) (Name of property owner) 313 Elliott Rd. Address Centerville, MA 02632 Address This determination is issued and delivered as follows: El by hand delivery to person making request on (date) by certified mail,return receipt requested on January 26, 1995 (date) Pursuant to the authority of G.L.c. 131, §40,the Barnstable Conservation Pommi sni on request has considered your r est for a Determination of Applicability and its supporting documentation,and has made the following determination(check whichever is applicable): Location: Street Address 313 Elliott Rd. , Centerville Map. Number: 227 76 1. rJ The area described below,which includes all/part of the area described in your request, is an Area Subject to Protection Under the Act.Therefore, any removing,filling,dredging or altering of that area requires the filing of a Notice of Intent: 2. The work described below,which includes all/part of the work described in your request,is within an Area Subject to Protection Under the Act and will remove,fill, dredge or alter that area.There- fore,said work requires the filing of a Notice of Intent. Effective 11/10/89 2-1 3. The work described below,which includes all/part of the work described in your request,is within the Buffer Zone as defined in the regulations,and will alter an Area Subject to Protection Under the Act.Therefore,said work requires the filing of a Notice of Intent. This Determination is negative: 1. O The area described in your request is not an Area Subject to Protection Under the Act. 2.. O The work described in your request is within an Area Subject to Protection Under the Act,but will not remove,fill,dredge,or alter that area.Therefore,said work does not require the filing of a Notice of Intent. 3. ED' The work described in' your request is within the Buffer Zone,as defined in the regulations, but will not alter an Area Subject to Protection Under the Act.Therefore,said work does not require the filing of a Notice of Intent. 4. O The area described in your request is Subject to Protection Under the Act, but since the work described therein meets the requirements for the following exemption,as specified in the Act and the regulations, no Notice of Intent is required: Issued by Barnstable Conservation Commission Signatur ) This Determin tion must be signed by a majority of the Conservation Commission. On this 26th day of January 19 95 ,before me personally appeared Charles Passios ,to me known to be the person escribed in,and who executed, the foregoing instrument,and acknowledged that he!she executed the s e as /her fr a ac and dee . November 6, 1998 otary P b c My commission expires This Determination does not relieve the applicant from complying with all other applicable federal.state or local statutes,ordinances. by-laws or regulations.This Determination shall be valid for three years form the date of issuance. The applicant,the owner,any person aggrieved by this Determination.any owner of land abutting the land upon which the proposed work is to be done,or any ten residents of the city or town in whicn such land is located,are hereby notified of tneir right to reouest the Department of Environmental Protection to issue a Superseding Determination of Applicability,providing the reouest is made by certified man or nand delivery to the Department.with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7)within ten pays from the date of issuance of this Determination.A copy of the request snail at the same time be sent by cenilieo mail or hand delivery to the Conservation Commission and the applicant. 2-2A The Town of Barnstable WAAW• .�ariec�, • ��' Department of Health Safety and Environmental Services 1"9Nun. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 20, 1995 Edward W.Kirk Attorney At Law Wianno Place 901 Main Street Osterville,MA 02655-0393 Re: Lot 4 Elliott Road,Centerville,Mkk Dear Ed: Your argument,while somewhat persuasive,falls short of convincing me to issue a building permit for Lot 4 Elliott Road. The facts are as follows: 1. The lot was in common ownership during the period in 1985 when the Bylaw changed. 2. The lot has over 7500 square feet of land and 20'of frontage. 3. The lot was not built upon during the five year period after the zoning change. Essentially,your argument is that during the five year freeze period,the lot went into separate ownership and,therefore,was"otherwise buildable". I do not agree that one obtains permanent protection during the five year freeze period by putting the lot in separate ownership. The law says it has to be built upon during that five year freeze and,unfortunately,it was not. You have the right to appeal this decision. If you so choose,we will be more than happy to help. I understand an appeal is now pending on this lot. To the extent that this issue may be different,it is appealable. Sincerely, Ralph M. Crossen k Building Commissioner RMC/km Q950720B "r f i -- - .L�3c µ -^n �: �� � `i � - � �. � "'�. � _ .. _. ,. �-. _ _� '� , tT - � s,,x '�. } s. 9_ _ , r 4 ` ..4 � .. � .. a � � � � .,, .� � �^ T 4 F f ` t - - A ��, ' Y , ' t •EDWARD M 'KIRK ATTORNEY AT LAW WIANNO PLACE 901,MAIN STREET OF COUNSEL OSTERVILLE,MASS4CHUSETTS`02655-6393; P. 0. BOX 393 RICHARD C.ANDERSON (508)42.8-4800 Ralph Crossen July 11, 1995 Building Commissioner Town of Barnstable Barnstable Town Hall Hyannis, Mass . , Re:Lot 4 Elliott Rd. Centerville Dear Ralph: With regard to the above described lot, I have attached for your reference; copies of my two, earlier letters to you dated June 19, 1995 and your response to those letters dated June 20, 1995 and postmarked June 22, 1995 . Based upon our correspondence and our conversations I believe that you are in agreement with my first proposition that if this lot had 75 feet of frontage, it would meet the minimum requirements of the second sentence of the fourth paragraph of C.40A section 6, and under section 4-4.5 of the Barnstable zoning ordinance could now "be built upon for residential use" because it went into ownership separate from that of adjoining land (on March 4, 1986) while "building on the subject lot was otherwise permitted" by section 6; i.e within five years of the increased area requirement which occurred on February 28, 1985 . However, it is your view that the 75 feet of "frontage" required by section 6 refers to the frontage on the subdivision way shown on the plan, and not the actual means of access . I understand that it is your view that the subject lot has 20 feet of frontage and not 75 feet of frontage, even though the actual access to the lot is over a paved roadway, shown on the subdivision plan, which roadway traverses the building area of the lot for a distance in excess of 75 feet. Without further discussion on that issue at this time, the purpose of this letter is to ask that you determine that this lot now qualifies for a building permit under the present ordinance because, at the time this lot went into ownership separate from that of adjoining land (March 4, 1986) , building on this lot "was otherwise permitted" under the Barnstable zoning bylaw as it existed at that time; i. e. paragraph E. Section G. "NON-CONFORMING USES" See copy attached. f Ralph Crossen July 11, 1995 page two That section states that "Any lot. . . . . . . . . . .which complies at the time of such recording . . . . .with the minimum, area, frontage, width and depth requirements . . . . . in effect in the Town of Barnstable, notwithstanding the adoption or amendment of provisions of a zoning ordinance or bylaw in the town imposing minimum area, frontage, width, depth, or yard requirements, or more than one such requirement, in excess of those in effect- at the time of such recording . . . . . . . ( 1) may thereafter be built upon for residential use if. . . . . . . . . . . . . (2) may be built upon for residential use for a period of five years from the date of such recording . . . . if, at the time of the adoption of such requirements or increased requirements, such lot was held in common ownership with that of adjoining land located in the same residential district; and further provided that . . . .at the time of building (a) such lot has an area of 7500 (seventy five hundred) square feet or more and a frontage of twenty feet or more, is in a district zoned for residential use, and conforms, except as to area, frontage, width and depth with the applicable provisions of the zoning ordinance or bylaw in effect in the town . . . . . . . " The case of Adamowicz v. Town of Ipswich 395 Mass . 757 ( 1985) (attached) establishes that the phrase "at the time of such recording or endorsement whichever occurs sooner" refers to the last instrument of record, including a deed,' prior to the change for which the exemption is sought. In this case such recording is the recording of the deed of January 4, 1985 whereby lot 4 was transferred by the developer out of the subdivision plan to Allen Morrisy. Therefore, notwithstanding the increase which took place on February 28, 1985, under the terms of the Barnstable by law, as it . then existed, building on the lot "was otherwise permitted" at least until January 4, 1990, because it had 7500 square feet of area and twenty feet of frontage. During that five year period (on March 4, 1986) "while building on such lot was otherwise permitted" , the lot was transferred into ownership separate from that of adjoining land and now qualifies for a building permit under 4-.4 . 5 . Thank you again for your thoughtful consideration of the matter. Ve ry truly yours ard EWK/se w/encl. CHRONOLOGY AND PLAN 1 -� CHRONOLOGY ne 24, 1976 : Plan recorded and all lots meet zoning ._� requirements in existence as of January 1, 1976 and as of date of recording. No changes to zoning which trigger the need to claim the protection of an 8 year freeze. All lots remain in conformity with the bylaw as written throughout the entire 8 year period. September 18, 1984 : Developer sells Lot 2 to Allen W. Morrisey. January 4, 1985 : Developer sells Lot 4 to Allen W. Morrisey who gives mortgage deed to Bank of New England. Under Massachusetts law title passes to Bank of New England. February 19, 1985 : Building permit issued for Lot 2 . February 28, 1985 : Town enacts zoning change to one acre. FIVE YEAR PROTECTION OF 4OA S. 6 IN EFFECT Lot 5 remains in the developer. Lot 2, owned by Allen W. Morrisy has a building permit. Lot 4 does not. March 4, 1986 : Within the five year freeze period,Lot 2 which now has a house on it, is conveyed to Allen and Louise Morrisey, leaving Lot 4 in an ownership separate from any adjoining lot. The same circumstances which make Lot 2 a lawful building lot also make •Lot 4 a lawful building lot. December 9, 1991 : Lot 4 sold at foreclosure by Bank of New England for $100, 000 . 00 1993 : Lot 2 sold to Crouthamel . June 1993 : Lot 4 sold to Allison Donaghue by Bank of New England. - Ca 0r, K 1 �• ��� v ti � �, �` 'fix i a v 07 YL Aj ILI Zj W � �+ h • �. � , goo' ---_. .. ;. , .' ji i; y ,• CORRESPONDENCE BEWWEEN EWK & RC IEDWARD W. KIRK t` ATTORNEY AT LAW s WIANNO PLACE , a 901 MAIN STREET OF COUNSEL OSTERVILLE,MASSACHUSETTS 026S5-0393 P. O. 80X 303 RICHARD C.ANDERSON (508)428-4800 Ralph Crossen June 19, 1995 Building Commissioner Town of Barnstable w Barnstable, Mass . Re: Lot 4 Elliott Rd. 1 i. Dear Ralph: Based upon the enclosed site plan, chronology and 'case law I would request your opinion that the above referenced lot may not be denied a building permit on the basis of it's area j notwithstanding the fact that it does not have one acre as required by the current bylaw. This lot came into existence in 1976 at which time it was in conformity with existing zoning requirements , It remained in conformity with existing zoning until February of 1985 when the area requirement increased to one acre. It went into ownership separate from adjoining land in 1986 while building on such lot "was otherwise permitted" under the provisions i of M.G.L. c. 40A' section 6, and has remained in separate ownership at all times since then !` Even assuming, without conceding that the Lot may have been deemed to be contigous to Lot 2 for purposes of discussing common ownership, under the Barnstable by law as it existed at that time and as it now exists, it may now be built upon, notwithstanding the increase in area which occurred after the recording of both the plan and the original deed to this lot. y The Tsagronis decision, as written by the Appeals Court in September of 1992 long after this lot went into separate ownership, i has no applicability to these facts . �. Whatever circumstances made Lot 2 a valid building lot in 1985 must ! also apply to Lot 4, and no decision rendered by a Court six years later with respect to the application of- a now repealed provision of the General laws to different facts can alter the plain meaning Of the Barnstable ordinance. ' i !t ie ; i,. '1 Ralph Crossen June 19, 1995 page two r ;.: The Tsagronis decision did not discuss, focus on, interpret, or turn on the meaning of the phrase "while building was otherwise permitted" . That language happened to be in section 5A of the I former c. 40A. '{ But the focus of the Court was on the language which required that the lot in question had to conform to the zoning requirements of the town at the time that the plan was endorsed or the deed recorded. In Tsagronis the lot in question did not. A zoning change had occurred bewteen the date of the preliminary plan and �.,.. the approval of the definitive plan. The Court said that the fact l• that a "freeze" was in effect when the plan went on record and the t : deed was recorded did not satisfy the language of the statute which required a lot to "comply" with current zoning. The SJC emphasized this point and noted that the lots were ' "nonconforming" at the time the plan went on record. In this case the lot in question was in conformity at the time the plan went on record. No "freeze" went into effect until February 28, 1985 at which time a five year "freeze" went into effect. During that five year "freeze" building was "otherwise permitted" . During that five year period while building was "otherwise permitted" , the lot went into separate ownership from adjoining ,. land and under section 4-4-5 "may be built . upon" , as all, the criteria of that .section have been complied with. 1. believe it is the only lot in the subdivision which remains unbuilt upon. Thank you for your thoughtful consideration of this request. Very truly yours, t' Edward W. Kirk EWK/se w/encl . ti f EDWARD W. KIRK ATTORNEY AT LAW WIANNO PLACE 901 MAIN STREET OF COUNSEL OSTERVILLE,MASSACHUSETTS 02655-0393 P. O. BOX 393 RICHARD C.ANDERSON (SOB)428-4800 V?alph Crossen June 19, 1995 Eau i.lding Commissioner `Gown of Barnstable Hyannis, Mass . 02601 Re: Lot 4 Elliot Rd. Dear Ralph: In furtherance of our discussion today regarding the status of the subject lot, it is my understanding, that if the subject lot is found to have 75 feet of frontage, the lot would be buildable for the reasons which I have cited in my letter to you earlier today. on the issue of frontage, I enclose for your consideration a copy of the plan as approved by the Planning Board which has been highlighted to show that Lots 2, 4, 5, 6, 7 and 8 all have their actual frontage/access on the right of way which was approved by the Planning Board for that purpose. While the lots also have 20 feet of technical frontage on Elliot i Road, the shape and width of the area between the street and the buildable area, together with the existence of intervening wetlands required the creation of the right of way which the Planning Board approved for that purpose under the Subdivision Control Law, as a ('011dition of plan approval . under the language of both the Arrigo case and the Corcoran case, copies of which are enclosed, it seems clear that this approved way is the actual frontage for purposes of providing access . The Lot in. Ilue;:,tion would appear to have in excess of 80 feet along the way. I 1 T !:. is within the area of zoning that we find the requirement for I-J.ie "quantity" of frontage, (i . e. linear feet) but it is within the purview of Subdivision Control and the Planning Board to determine the adequacy of the way upon which such actual frontage is to be found. , with this information at hand, I would request that you determine that Lot 4 qualifies as a lawful building lot .at this time.. Thank you again for your consideration of the matter. Ralph Crossen June 19, 1995 -)age' two Very truly yours, Edward W. Kirk E,WK/se w/encl . � J • .� The Town of Barnstable a sanrrsree�, • f �� Department of Health, Safety and Environmental Services 6 �n 59. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner June 20, 1995 Edward W. Kirk Attorney at Law Wianno Place 901 Main Street Osterville, Mass. 02655-0393 Re: Lot 4 Elliott Rd., Centerville, MA Dear Ed: I have reviewed your letter of June 19, 1995 and, unfortunately, disagree with you. The argument that your client's land was within the five year freeze period and had 75 feet of frontage is the point that I have a problem with. Your lot has 20 feet of frontage in my view and, as such, is not able to look at 40A section 6 for the five year grace period. I do not agree that the easement right of way should be considered as frontage. Sincerely, Ralph M. Crossen Buildine Commissioner RMC/km TOWN CJF BARNSTABLE JU BUILDING DIVISION 367 MAIN STREET HYANNIS.MA 02601 J 22 !Ul'N Edward W. Kirk Attorney At Law 901 Main Street Ostervi le, MA 02655-0393 SECTION G PARAGRAPH E OF OLD BYLAW. emission of odor,fumes, dust, smoke, vibration or other cause are pro= later, such l hibited. land located D. The construction of a new building for, or the conversion of any for residents existing building, whether or not a condominium under Chapter 183A ding or such of the general laws to any use known.as time-sharing; interval owner- adoption of .ship, or otherwise, whereby unit owners are entitled by deed or other held in com recorded instrument to occupancy of the units for only specified, recur- same reside ring periods of less than a year during the course of a year;is prohibited the time of b until June 1, 1984 in all districts. This paragraph D: shall cease to be dred)square effective on June 1, 1984. 1 1 -'.f'- • district zone Paragraph D added 1982 An A4,approved by the Ally.Gen.Feb.i6, 1983. age, width a G. NON-CONFORMING USES _ dinance or h A. Any lawful building, or any lawful use of a building or premises, to be locate or part thereof, existing at the time the zoning by-law was originally quirements o adopted in the area in which such building or use is located, may be of such recor continued, although such building or use does not conform to the pro- other require visions hereof. $;a',...;':r,,. Paragraph E adder B. Any change of a non-conforming use, any alteration, relocation or H. ACCES! li increase in size of an existing non-conforming buildingor structure to 1. Accessori extend the non-conforming use on the same lot, or use of existing or_. maintenance construction of a new building or structure, shall be allowed only by as the builds Special Permit of the Board of Appeals. Any of the foregoing shall not any of the u result in the creation of any use or structure more objectionable-or , detrimental substantially detrimental to the neighborhood or the creation of.two or, : t particular re l more non-conforming uses differing in use. Paragraph 1 amen Prior paragraph(B)deleted and new paragraph(B)inserted by 1974 An 112,approved by the Auy specified In Sectlo j Gen.July 16,1974. 2. Uses, Wh �i C. Any such non-conforming building which has been damaged by . matter of rig] fire or other cause to any extent, may be repaired or rebuilt, providing which activiti the owner shall apply for a building permit and start operations for;, n scientific devt restoring or rebuilding on said premises within twelve(12)months,after�.,;; + the issuance t i such catastrophe. that the prop D. See Special Exceptions Section. the public go. E. Any lot lawfully laid out by a plan or deed duly recorded, as de- Paragraph Paragraph 2 added i fined in section eighty-one L. of chapter forty-one, or any lot shown on I. USE RE( a plan endorsed with the words"approval under the subdivision control,• A. No build law not required" or words of similar import, pursuant to section" shall be used eighty-one of chapter forty-one, which complies at the time of such' than provide( recording or such endorsement, whichever is earlier,with the minimum height of any area,frontage,width, and depth requirements, if any,of the zoning or-, stories, or this li dinances orb laws in effect in the Town of Barnstable notwithstand y" � is lesser. ing the adoption or amendment of provisions of a zoning ordinance or Paragraph A amen li dinance or by-law in the town imposing minimum area, 'frontage;,-' maximum height o width, depth, or yard requirements, or more than one such require-' Prior A proved by the Atty. ment, in excess of those in effect at the time of such recording or en- 1. Residene� Il dorsement(1)may thereafter be built upon for residential use if, at the a. Detac time of the adoption of such requirements or increased requirements or b. Rentin while building on such lot was otherwise permitted, whichever occurs dent in Pine 6 I)i it i�, I er,cause are pro- later, such lot was held in ownership separate from that of adjoining #t� i land located in the same residential district, or (2) may be built upon r . for residential use for a period of five years from the date of such recor- onversfon of any er�Chapter 183A ding or such endorsement, whichever is earlier, if, at the time of the interval owner- held of such requirements or increased requirements, such lot was by.deed or other held in common ownership with that of adjoining land located in the specified, recur- same residential district; and further provided, in either instance, at .apes prohibited the time of building(a)such lot has an area of 7,500(seventy five hun- :;shall cease to be dred)square feet or more and a frontage of twenty feet or more, is in a cease district zoned for residential use, and conforms except as to area,front- age, width and depth with the applicable provisions of the zoning or dinance or by-law in effect in the town and(b)any proposed structure is ldtng or:.premises, to be located on such lot so as to conform with the minimum re- law-was-originally quirements of front, side and rear setbacks, if any, in effect at the time $.located, may be of such recording or such endorsement, whichever is earlier, and to all nform to the pro- other requirements for such structure in effect at the time of building. Paragraph E added by 1977 An 21,approved by the Atty.Gen.Jan.12,1978. tton;�relocation or H. ACCESSORY USES ing or structure to 1. Accessory buildings or uses including the keeping, stabling, and use-of existing or maintenance of horses as specified in Section I located on the same lot e:allowed only by as the building to which it is accessory and customarily incidental to f6fegoing shall not i any of the uses permitted in a particular residence district and not eJobjectiofiable•or detrimental to a residential neighborhood, shall be permitted in that `creation of two or particular residence district. Paragraph 1 amended by adding"Including the keeping, stabling,and maintenance of horses as 112,�epproved by the Atty. specified in Section 1"1974 An 102,approved by the Atty.Gen.July 16,1974. #� ,. , 2. Uses, whether or not on the same parcel as activities permitted as a been am`daged by matter of right, accessory to activities permitted as a matter of right, r rel uilt,_-providing which activities are necessary in connection with scientific research or taste operations for_ scientific development or related production, may be permitted upon months after, the issuance of a special permit provided the granting authority finds r r that the proposed accessory use does not.substantially derogate from yf4 , t the public good. l '4ecorded, as de, Paragraph 2 added by 1977 An 21 a ,approved by the Atty.Gen.Jan.12,1978. o ny lot shown on I. USE REGULATIONS — RESIDENCE DISTRICTS .:subdivision control A. No building shall be erected or altered and no building or premises u1 suant..to section;.., shall be used for any purpose in the following specified districts other tithe,time of such, than provided for in this section or in Section P and the maximum ` height of any building shall be not more than two & one half (2'/�) wit the minimum &x ' ny of the zoning or,. stories, or thirty(30)feet from the ground level to the plate, whichever 4ablel notwithstand- is lesser. G011111g Or(li/lanCe Or- Paragraph A amended by 1974 An 109,approved by the Atty.Gen.July 16,1974 by adding,"and the maximum height of any building...whichever is lesser." hnfn,,$reaj frontage,.' Prior Paragraphs A•1 and A•2 deleted by 1972 An 128 and remaining paragraphs renumbered,ap- none such'require-.. proved by the Atty.Gen.Aug.3,1972. ch recording or en-, 1. Residence B. District. dential use ifj�at the a. Detached one family dwelling. sedrequirements or. b. Renting rooms for not more than six(6)lodgers by a family resi- dMihichever occurs dent in the dwelling. k # , Page 7 �y 5 MN r ADAMOWICZ v. IPSWICH i Mass. 481 NORTH EASTERN REPORTER 2d SERIES ` 1368 � preclusion against the insured, but not pretation of Zoning Act which exempted '—� ` 4. Zo -4 . against the injured person,does no violence certain lots from increased zoning restric- ego, to the substantive principle that an injured tions provided certain conditions are met, � €+ . Act party succeeds only to the insured's rights including condition that lot at time of re zonin against the insurer. In the criminal case, cording or endorsement, whichever occurs ngli'• tions ' Person had his day in court. Norrington, sooner was not held in common ownership ¢' at ti however, has had no opportunity to litigate with any adjoining land. The Supreme Ju- ',�.�4•. whit f the question whether Person expected or x# , dicial Court, Abrams, J., held that: (1) Act mon intended to shoot Thomas. Fairness re- It M. quires that he be given that opportunity. did not necessarily refer to recording of R}14 [ G. q g PP Y• � • By not applying issue preclusion to Nor- Plan, but rather referred to recording of refer rington, we place no undue burden on MPI- any instrument, including deed; (2) Act re- fers ferred to most recent instrument of record i' 1' ' UA. MPIUA has not previously been re- � � �41, ing a quired to litigate the critical coverage ques- prior to effective date of zoning change, tion. It seeks only to enjoy the benefit of a not first recorded instrument on which sep- '`'.. fo finding in a case to which it was not a arate lot is shown, with status of lot imme ,N de party. diately prior to zoning change being con 5. Zo MPIUA is not entitled to summary judg- trolling; and (3) lot met statutory require- �. 5 Z ment. If, in his wrongful death action, ments if most recent instrument of record from AR; Norrington establishes Person's liability, prior to restrictive zoning change revealed `s' certai and if Norrington establishes that Person lot was separately owned, even though pre tion ± did not expect or intend to injure Thomas ' P J viously recorded subdivision plan might re- # . ;, dorse then Norrington will be entitled to a judg veal lot was at one time part of land held in not h ment declaring that Thomas's death is cov- common ownership. adjoin ered by MPIUA's insurance policy. We fers remand this case to the Superior Court for Questions answered. z further proceedings consistent with this xy prior d"4 ; rathe ' opinion. , which So ordered. 1. Courts a91(2) ' imme TSIKE, Any person affected by state Appeals 1 trollin O NUMBER SYSTEM Court decision is governed by the decision � 6. Co until and unless either that court or the r.,. state Supreme Judicial Court declares oth , ;SF avoid erwise. z x` 395 Mass.757 t there Ephraim A. ADAMOWICZ et aLt p 2. Statutes a181(2) y; `•` �`: 7. St V. Statute will not be interpreted so as to t" _,. A TOWN OF IPSWICH. render it or any portion of it meaningless. ., those Supreme Judicial Court of Massachusetts y. M have I Suffolk. 3. Statutes 4=181(2) �,, )ab 8. Zor Ar ued May 7, 1985. Construction of statute which leads to g Y determination that piece of legislation is ? Z< Decided Aug. 22, 1985. ineffective will not be adopted if statutory from i language is fairly susceptible to construc- certai The United States Court of Appeals, tion that would lead to logical and sensible 2. Th r , .• First Circuit, certified questions on inter result .1 :, 1 [th G.L. 1. Mary T. Adamowicz, Elizabeth M. Fleming, Nelson, Lillian T. Pacheco, Carole E. Phillips, the r John R.Fleming,Ann Gallo,Louis E.Gallo,Jr., Richard C. Phillips, A. Daniel Rubenstein, Deli- zr of th Jo C. Garland, Philip J. Hansbury, Charles lah R. Rubenstein, Louis C. Schlaufman, Johnr<, it sh Lambros, trustee, Helen C. Lang, Robert M. A. Thoren, Jr., Frank M. Torpezer, Shirley M. 5<i' instr Lang, Nancy Lee MacDonald, Armand Marcau- Torpezer, Lorraine F. Walsh,Thomas J. Walsh, of the rele, John H. Moore,James A. Nelson, Mary T. Marvin Weiss,Vera J.Weiss,and Eva L.Wright. r n is Sol s yJG 3 '' ADAMOWICZ v. TOWN OF IPSWICH Mass. ' 1369 f ¢; � t Cite as 481 N.E.2d 1368 (Mass. 1985) pted � r' 4. Zoning and Planning a236 § 61 would be given prospective effect, in � r' _ absence of indication of contrary intent. tric- Word recording, as used in Zoning met, F = Act exempting certain lots from increased a�= P g 9. Zoning and Planning a273 f re- zoning restrictions provided certain condi purpose of Zoning Act exempting cer curs "' � ; tions are met, including condition that lot tain lots from increased zoning restrictions ship kt' ey at time of "recording" or endorsement, provided certain conditions are met [M.G. Ju- whichever occurs sooner is not held in com L.A. c. 40A, § 6] is to protect once valid Act gnu ��`� mon ownership with any adjoining land t " w 6 does not necessarily buildable residential lots. g of �s` [M.G.L.A. c. 40A, § ], g of iawr 'r' refer to recording of plan, but rather, re 10. Zoning and Planning a236 s A re- fers to nclud Lot meets requirements of Zoning recording of any instrument, i Act i exempting certain lots from increased zon- cord ing a deed. in restrictions provided certain conditions ,. See publication Words and Phrases g nge, r ;� w ;: for other judicial constructions and are met, including condition that lot at time sep- p � definitions. of recording or endorsement, whichever oc- on- 5. Zoning and Planning a236 curs sooner was not held in common owner- ship with any adjoining land [M.G.L.A. c. luire- t: $ : Zoning Act exempting certain lots 40A' § 6] if most recent instrument of cord �,, from increased zoning restrictions provided record prior to restrictive zoning change f ealed �.. 4 certain conditions are met, including condi reveals that lot was separately owned,even Y 1 pre- ''' tion that lot at time of recording or en � � � though previously recorded subdivision s sooner washi dorsement, whichever occur �t re- �E'• � �" plan may reveal that lot was at one time *�* no old in t held in common ownership with any { part of land held in common ownership. ���,��� ��.. adjoining land [M.G.L.A. c. 40A, § 6], re j I fers to most recent instrument of record _6 ` prior to effective date of zoning change, Douglas A. Randall, Quincy, for plain- z � `* tiffs. 32 rather than first recorded instrument on >. which separate lot is shown; status of lot Charles C. Dalton, Town Counsel, Ips- �t3`. immediately prior to zoning change is con with, for defendant. peals fit, trolling. ision `+ Before WILKINS, LIACOS, ABRAMS, 13 6. Constitutional Law «48(1) NOLAN and O'CONNOR, JJ. r the rl Statutes are to be construed so as to a oth- nq `• avoid unconstitutional result or likelihood ABRAMS, Justice. r ' thereof. We address three questions certified to + this court by the United States Court of of, ;= 7. Statutes c=263 as to yr ei Amendments to statutes, especially Appeals for the First Circuit,l pursuant to gless. �r4 those dealing with real property, generally S.J.C.Rule 1:03, as amended, 382 Mass. 700 * � s have prospective effect only. (1981). The Court of Appeals asks us to y. , interpret the first sentence of the fourth a<5rt ds to #' 8. Zoning and Planning G 235 paragraph of The Zoning Act, G.L. c. 40A, on is Zoning Act exempting certain lots § 6 (1984 ed.), which exempts certain lots <<� utory + ae from increased zoning restrictions provided from increased zoning restrictions provided I <. certain conditions are met[M.G.L.A. c. 40A certain conditions are met, including the strut- xw nS]ble4 2. The questions are as follows: (1)Does holding monwealth?; and (3) Does a lot meet the re- t� i. I [that the word "recording," as it appears in quirement set forth in the quoted statutory Ian- = G.L. c. 40A, § 6, does not necessarily refer to guage if the most recent instrument of record hillips, ' ' 3•: the recording of a"plan"]correctly state the law prior to a restrictive zoning change reveals that �, Deli- '1 of the Commonwealth?; (2)Does holding 2[that the lot was separately owned, even though a E it should be taken to refer "to the most recent John previously recorded subdivision plan may re- le M. instrument of record prior to the effective date veal that the lot was at one time part of land Walsh, *r = of the zoning change from which the exemption held in common ownership? Nri ht. '° is sought"] correctly state the law of the Com- V t., I r#f ' 1370 Mass. 481 NORTH EASTERN REPORTER, 2d SERIES " 2 condition that the lot "at the time of re- their pre-existing building rights "inversely + '3 The e to cording or endorsement, whichever occurs condemned"their land,entitling them to an wei ht`� sooner was not held in common ownership injunction or to damages. See San Diego ;at g with any adjoining land." Gas & Elec. Co. v. San Diego, 450 U.S. pretatio questioi While this case was pending at the Fed- 621, 101 S.Ct. 1287, 67 L.Ed.2d 551 (1981). of that t eral District Court level, the Massachusetts After the Massachusetts Appeals Court's # feet the Appeals Court affirmed a Superior Court decision in Sieber v. Zoning Bd. of Appeals �lf appeal holding that in the first sentence of the of Wellfleet, supra, a judge of the Federal the thn fourth paragraph of G.L. c. 40A, § 6, the .t District Court concluded that Massachu- (1) D i word "recording" refers "to the most re- + setts law, as interpreted by Sieber, permit- z. Pears i cent instrument of record prior to the of ted the plaintiffs to build; thus, they could k,, fective date of the zoning change from not assert a Federal claim of "taking," for paragrs which the exemption is sought." Sieber v. nothing had been taken.3 The plaintiffs' 5 refer tt Gauthier, Superior Court No. 40548 (Aug. request for a mandatory injunction order- 12, 1I 31, 1981), aff'd sub nom. Sieber V. Zoning ing building permits was denied by the in t Bd. of Appeals of Wellfleet, 16 Mass. Federal District Court judge on the basis of ,t is not App.Ct. 985, 454 N.E.2d 108 (1983). +� � . tive br the Sieber decision. The town refused to i w � The following facts accompany the re- issue the permits. The plaintiffs appealed. ;; ' �,y men quest for certification. The plaintiff Ada s ` Comm 1 mowicz and others own certain lots in Ips- [11 In the appeal to the Court of Ap (1949). with(town). These lots are not big enough peals, the town stated that its refusal to missio g issue the permits rested on its view that, in N.E.2c to allow building under the town's restric t P �� tive zoning requirements. Before the en Sieber v. Zoning Bd. of Appeals of Well statuta 3 k actment of The Zoning Act, G.L. c. 40A, by fleet supra, the Massachusetts Appeals it mea St.1975, c. 808, § 3, the plaintiffs could' Alcohi build on their lots because of "grandfa Court incorrect] interpreted the first sen tence of the fourth paragraph of G.L. c. ,r¢ Mass. ther" provisions in the town's zoning by 40A, § 6." The town contends that the p , constr law and in § 5A of the older version of G.L. *~ detern c. 40A(as amended through St.1961, c. 435, Legislature did not intend to provide broad ineffe, §§ 1, 3). After Massachusetts enacted the "grandfather clause" protection under the 4b tory 1 1975 Zoning Act and the town amended its relevant sentence of G.L. c. 40A, § 6. constr zoning law in 1977 so as to require larger Thus, it claims that the language at issue z r and s minimum lot size, the town refused to give does not protect owners of lots held in i ford, one or more of the plaintiffs permission to common at the time a deed or a plan on x (1979) build houses on their lots. The town as- which they were shown was first recorded. bridge serts that the 1975 Zoning Act deprived the The town concedes that under its interpre (1941) plaintiffs of their "grandfather" rights be- tation the statutory language is meaning 341 N cause they do not meet all of the conditions less because almost every lot in the Coma V Berui ( Mass contained in the statutory language. monwealth was, at one time or another, �xa k The plaintiffs sued the town in Federal part of a larger parcel of land that was Tht a3 court under 42 U.S.C. § 1983 (1982), claim- later subdivided as shown on a recorded grap} ing that Massachusetts' deprivation of plan or a recorded deed. z"` �z . lots 1 3. The judge also decided that the town's delay Massachusetts law:' Ford v.Flaherty,364 Mass. '. anion and refusal to follow Massachusetts law requir- 382, 388, 305 N.E.2d 112 (1973). "An interme , < S. Gc ing issuance of the building permits did not diate court ... is a maker of law in the same sent deprive the plaintiffs of any rights protected by sense as the supreme court:' Kaplan, Do Inter- s F' arer 42 U.S.C. § 1983. mediate Appellate Courts Have a Lawmaking 4rc mer Function? 68 Mass.L.Rev. 10, 12 (1985). A app 4. Since the Sieber decision,the town has refused town or any other person affected by an Ap- t 1x ' den to issue building permits to the plaintiffs,appar- peals Court decision is governed by the Appeals end ently on the mistaken belief that it is not gov- Court decision until and unless either that court heir ed by decisions of the Appeals Court. ern "Its t` Jan. or this court declares otherwise. , goes without saying that Appeals Court deci- y. f ant sions may appropriately be cited as sources of +r 4e i t. 3 ci.p ti".... Nle •' �. ADAMOWICZ v. TOWN OF IPSWICH Mass. 1371 f Cite as 481 N.E.2d 1368 (Mass. 1985) inversely �' The Court of Appeals determined that of recording or endorsement, whichever oc- em to an �. �. the town raised arguments of sufficient curs sooner was not held in common owner- E n Diego weight to make uncertain the proper inter- ship with any adjoining land." In Sieber v. 450 U.S. 1` pretation of the statutory language in Gauthier, the judge of the Superior Court 1 (1981). ` [ question and that authoritative resolution rejected the town of Wellfleet's argument Court's of that uncertainty would significantly of that in that sentence the word "recording" j Appeals ` .V. feet the way in which it ought to decide the necessarily refers to the recording of a `}, appeal before it. We proceed to address Federal x"R PP P plan. In the instant case neither party has I{ assachu- #. the three certified questions. argued that the word "recording" refers1 permit- F} (1) Does the word "recording," as it ap- only to a plan. The town of Ipswich takes ey could ; �; pears in the first sentence of the fourth the position that "the words 'recording or of G.L. c. 40A, § 6, necessarily endorsement whichever occurs sooner' ing, for sxj=t. �+f paragraph Y .. laintiffs' s, �; refer to the recording of a "plan"?a refer to the earliest recorded instrument k n order- [2,31 We begin our answers by observ- showing a lot as an identifiable separate � f..: by the : ing that "[b]arrenness of accomplishment entity" (emphasis added), and throughout basis of �x is not lightly to be imputed to the legisla its brief, the town refers to a plan or a fused to f' tive branch of the government." Select- deed. The town thus does not rest its ppealed. men of Topsfield v. State Racing argument on the necessity of the word Comm'n, 324 Mass. 309, 314, 86 N.E.2d 65 "recording" referring only to the recording t of Ap rt'. ; (1949). See Insurance Rating Bd. v. Com- of a plan. Generally an issue not argued is fusal to missioner of Ins., 356 Mass. 184, 189, 248 deemed waived. See Mass.R.A.P. 16(a)(4), that, in " . : '' N.E.2d 500 (1969). Nor do we interpret a as amended, 367 Mass. 921 (1975). We of Well- statute so as to render it or any portion of nonetheless respond to the first question Appeals ; "' it meaningless. See Casa Loma, Inc. v. posed by the Court of Appeals. } first sen Alcoholic Beverages Control Comm'n, 377 } Mass. 231, 234, 385 N.E.2d 976 (1979). The [4) The Superior Court judge in Sieber G.L. c. } . that the "s construction of a statute which leads to a v. Gauthier concluded that the first sen- de broad <. determination that a piece of legislation is tence of the fourth paragraph of § 6 does ineffective will not be adopted if the statu- not necessarily refer to the recording of a nder the tory language "is fairly susceptible to a plan, but rather, refers to the recording of A, § 6. ' .n, construction that would lead to a logical any instrument, including a deed. We at issue [ ' and sensible result." Lexington v. Bed- agree. General Laws c. 4, § 7 (1984 ed.), held in r " ford, 378 Mass. 562, 570, 393 N.E.2d 321 defines "recorded" as applying to "plans, i plan on + = (1979), quoting Bell v. Treasurer of Cam- deeds or other instruments affecting land." ° ecorded. bride 310 Mass. 484, 489, 38 N.E.2d 660 That section also 4.. bridge, provides that defined interpre- r' (1941). McCarthy v. Woburn Hous.Auth., words "shall have the meaning herein giv- eaning- P 341 Mass. 539 542 170 N.E.2d 700 (1960). en, unless a contrary intention clearly ap- he-Com , �` Berube v. Selectmen of Ed artourn, 336 f' 9 pears. Id. Because it is only after the another, I Mass. 634, 639, 147 N.E.2d 180 (1958). plan is recorded that the lots are sold and hat was ` '°�' �` The first sentence of the fourth para- deeds given to separate owners, see G.L. C. recorded graph of G.L. c. 40A, § 6, exempts certain 183, § 6A (1984 ed.), we also conclude that lots from increased zoning restrictions if, the sentence at issue means the recording � among other conditions,the lot"at the time of any instrument, including a deed., 364 Mass. ��; . interme- the same far. t;< S. General Laws c. 40A, § 6, fourth par., 1st at least five thousand square feet of area and Do Inter- wmaking sentence (1984 ed.), provides: "Any increase in fifty feet of frontage" (emphasis added). area, frontage, width, yard, or depth require- y' iF fy ments of a zoning ordinance or by-law shall not 6. In his thoughtful and comprehensive memo- 1985). A y an Ap- s ? apply to a lot for single and two-family resi- randum, the Superior Court judge in Sieber v. peals ;#:� dential use which at the time of recording or Gauthier reasoned as follows: "A subdivision asi' that court ourt '{ r , endorsement, whichever occurs sooner was not it is defined by G.L.c.41,§ 81L,is the'division p� t � :_ held in common ownership with any adjoining of a tract of land into two or more lots.' Before �! land, conformed to then existing requirements the Subdivision Control Law took effect, such a q and had less than the proposed requirement but division could be accomplished without review k! P P q P i, y 481 N.E.2d-31 , fi li F Mass. 481 NORTH EASTERN REPORTER, 2d SERIES t` 1372 1 Appeals o [5I (2) Does the first sentence of the separate lot is shown is almost always a s1 fourth paragraph of G.L. c. 40A, § 6, refer s bdivision plan and by definition such a � �4' N.E.2d 13 to the most recent instrument of record plan includes adjoining lots owned by the �r Appeals c prior to the effective date of the zoning same person or entity; therefore,any other ;_ ;q «tl a 336-337, 4 change from which the exemption is statutory construction would make the ;f (3) "Doi sought? statute ineffective. We conclude that the forth in t The town argues that the common own- statute looks to the most recent instrument i, % the most i ership requirement in the sentence at issue of record prior to the effective date of the to a restri the lot wahange. ! ; applies to the status of the lot as of the zoning c 4= �,,fi .: date that the first instrument on which the Our conclusion was prefigured in dicta r a previow lot is shown is recorded. It maintains that from other cases. In Sturges v. Chilmark, f reveal tha P_ = land held the Sieber v. Gauthier decision was in 380 Mass. 246, 261, 402 N.E.2d 1346(1980), error in concluding that the common own- a declaratory judgment was sought as to , ership requirement referred to the status the effect of the phrase "adjoining land" �� ` [6-91 1 of the lot at the time of the most recent contained in the exemption provided by +�x � to questic instrument of record prior to the effective. G.L.c. 40A, § 6. As in the instant case, all f � _� question 1 zoning change. We do not agree. The of the Sturges lots were held in common E". of the rel( language used by the Legislature suggests # ownership at the time the plan creating the is require that it is the status of the lot at the time it lots was recorded. Although our discus- 'f` able state is recorded which is significant, rather than sion of the provisions of§ 6 other than the y ," maxim tb its status at the time that a plan on which meaning of "adjoining land" was dictum, .¢ as to avoi it first appeared was recorded. Because, we said, "Section 6 is concerned with pros`; likelihood grammatically, the modifying phrase tecting a once valid lot from being ren- xµ Market, ["which at the time of recording or en- dered unbuildable for residential purposes, ; N.E.2d Z ley v. F dorsement ] must refer to the last ante- assuming the lot meets modest minimum - ,'l}r cedent phrase ["a lot for single family ... area ... and frontage ... requirements." W Boston, residential use"], see Moulton v. Brook Sturges v. Chilmark, supra at 261. That (1961). A line Rent Control Bd., 385 Mass. 228, 230- language supports the construction that * i c those dea 231, 431 N.E.2d 225 (1982); Druzik v. the status of ownership of a lot is deter- w #{; prospecti, Board of Health of Haverhill, 324 Mass. mined as of the date of the zoning change? 1#. [is that] 129, 133, 85 N.E.2d 232(1949), the sentence Other decisions by this court and the Ap less a co; means that the status of the lot immediate- peals Court also assume this interpretation, Al shown. ly prior to the zoning change is controlling. but did not base their conclusions on this n Found., A The first recorded instrument on which the ground. See Warren v. Zoning Bd. of t t 's 380 Mass 3�, issue doe by local planning boards simply by recording a ship before the plan because there must be a Therefore survey plan showing the newly created lots. plan showing the tract of land so divided before E Regardless of whether a subdivision plan was lots may be separately deeded and owned x° � ` sentence, as : made before or after the Subdivision Control However, if there is such a plan, the separate ,, 1 Such a Cc Law became effective,implicit in all such plans ownership criteria of Section 6 would never be 1 ,t4 VU sn § 6, whie is the understanding that potential new lines of satisfied,even to subsequent individual lot own- , ;g ownership are created in a tract of land so ers, because initially all lots shown on the plan resldentL divided. There is no point in creating a plan of were commonly owned." �� � supra 3E lots already separately conveyed. To interpretJka The an Section 6 to require separate ownership at the 7. There is other language in Sturges v. Chil- t to this time of recording or endorsement of a plan mark, supra, however,which the town suggests ` showing more than one lot is to render it mean- supports the opposite conclusion: "The plain- the four) ingless because such a plan by its very nature tiffs' lots would meet all the requirements for st' implies that the lots created thereon are all such an exemption under§ 6,unless at the timef} 1. Mothe initially in common ownership and then subse- of the recording of the plan, the lots were'held 1 N Lawlor, quently deeded to individual owners. in common ownership with any adjoining land. �r „ t: Lnsuram "The net result of interpreting Section 6 to G.L. c. 40A, § 6." !d. at 261, 402 N.E.2d 1346. Ann Jan require separate ownership at the time of re- In the Sturges case, the circumstances at the r Stanley g p time of the recording of the Ian and at the time t ;, ante. 1 cording or endorsement of a subdivision plan is g p t i to attribute a'Catch-22'mentality to the Legisla- of the zoning change were the same and nothing , ,+ •. compan ture's intent. One cannot have separate owner- in that case depended on the issue argued here. The Jar a rt' t ea f'' 1- f LIBERTY MUT. INS. CO. v. COM'R OF INS. Mass. 1373 t y 1 E.`; Cite as 481 N.E.2d 1373 (Mass. 1985) i Appeals of Amherst, 383 Mass. 1, 7-8,416 the word "recording" does not necessarily lways a •I -z N.E.2d 1382 (1981); Girard'v. Board of refer to a plan. such a Appeals of Easton, 14 Mass.App.Ct. 334, The answer to the second question is that ! b the d,F n other , �.K 336-337, 439 N.E.2d 308 (1982). compliance of a lot with the common own- ake the 4 , ' `., (3) "Does a lot meet the requirement set ership requirement in the relevant sentence that the forth in the quoted statutory language if of G.L. c. 40A, § 6, is determined by look- that 3trument %VW the most recent instrument of record prior ing at the most recent instrument of record to of the to a restrictive zoning change reveals that prior to the effective date of the zoning ' k the lot was separately owned, even though change from which the exemption is 3 zti IFX in dicta e a previously recorded subdivision plan may sought. ' � 4 , reveal that the lot was at one time art of 4 ilmark, #} .. p [101 The answer to the third question is 6(1980), ;� � �x land held in common ownership." that a lot does meet the statutory require- ht as to ments if the most recent instrument of ng land" [6-91 Because of our previous answers ., record prior to a restrictive zoning change ided by z to questions one and two, the answer to reveals that the lot was separately owned, case, all �t> '' question three is "yes." Our construction I even though a previously recorded subdivi- common „' of the relevant sentence of G.L.c. 40A, § 6, sion plan may reveal that the lot was at one Fr is required not only by logical and reason- sting the time part of land held in common owner- able discus- able statutory construction but also by the ship. than the maxim that statutes are to be construed so '? as to avoid an unconstitutional result or the _ Nrd111CtUla, g O�ESOYNUMBERSYSTEM t : . likelihood thereof. Vau han v. Max's p F Market Inc., 343' Mass. .394 397 179 urposes, t`s" N.E.2d 226 (1961), and cases cited. O'Mal- `" " ley v. Public Improvement Comm'n of _ minimum rE ements." i. Boston, 342 Mass. 624, 174 N.E.2d 668 (1961). Amendments to statutes,especially ' 61. That +�,�a�� ,r ' 395 Mass.765 tion that k -those dealing with property, generally have is deter- ° � <` prospective"effect only. Our "general rule LIBERTY MUTUAL INSURANCE COMPANY change.7 9 [is that] statutes operate prospectively un- the Ap less a contrary legislative intent is clearly V. pretation, it ,' . shown." Nantucket Conservation COMMISSIONER OF INSURANCE s on this -4-W.. Found., Inc. v. Russell.Management,Inc., (and two companion cases 1). g Bd. of 380 Mass. 212, 214 (1980). The sentence at issue does not indicate a contrary intent. Supreme Judicial Court of Massachusetts, must be a Therefore,.we read § 6, fourth par., first Suffolk. ided before nd owned. $� sentence, as having a prospective effect. Argued May 9, 1985. �� a he separate 3�� f" Such a construction furthers the purpose of Id never be }r l Decided Aug. 26, 1985. a § 6, which is to protect once-valid buildable ual lot own- x 1 n the plan residential lots. See Sturges v. Chilmark, o supra 380 at 261, 402 N.E.2d 261. r p Civil actions were commenced in the ges v. Chil ��# �£ k The answer to the first question certified Supreme Judicial Court for the County of wn suggests ' s3 r rt ij t to this court is that in the first sentence of Suffolk by automobile insurer and by pur- + "The plain- ��' the fourth paragraph of G.L. c. 40A, § 6, chasers of 1985 Massachusetts private pas rements for at the time `� � 1. Mothers Against Drunk Driving, Inc., Carol' Ins.Co.of America v.Jarzembowski,a compan- y� s were'held .. fit' ` Lawlor, & Richard Shire v. Commissioner of ion case to Bilodeau v. Lumbermen Mut. Casu- NI fining land: i Insurance; and Jessica Jarzembowski & Carrie alty Co., 392 Mass. 537, 467 N.E.2d 137 (1984), E.2d 1346, axa� Ann Jarzembowski by their parents,Ann Marie& which we discuss extensively in this opinion. P �nces at the Stanley Jarzembowski v. Commissioner o/Insur- Except for the minor daughters of the Jarzem- $ !d at the time ance. We shall refer to the plaintiffs in these bowskis, each plaintiff in the companion cases �! r "x`. companion actions as the individual plaintiffs. . is a purchaser of a 1985 Massachusetts private and nothing r, ! P i 'argued here.. ' The Jarzembowskis were defendants in Royal passenger automobile insurance policy. Li / 3 - LLI F W .N LL Ln of ;cn id � a di S � E , f , ul' w u_ X } w 9 aC- i12 � o �= i .. ..... 1 a . Cje �oTJyryd - - r. - ry •. � ,+. i � nipr7�1• � 'V"��� �, .. , � d, � -a •• � ° !1 � ' - � - e � � � r � � .� �. r .r.. -rl , FRI ... � �z � �tJ"' .r .' w. wf••'tea , n .. _ 3 ', e 4. r , . • n " ,• �\ ���r • `,. � is -w � � - '_ � r r, ^'. r SCALE/f®L .4, - APPROVED.BY: - DRAWN BY DATE: 3 - REVISED , p .t,41 era .. � � � r .. .... � - � .. � y •+ DRAWING NUMBER . 49 r ---� - - -- -- it I ICI � i CABi-- NETRY•FINE FURNISHINGS •DESIGN 27 Airport Ro6J. Hyannist MA 02601 _ iph: 508.775.3075 F, 506 776.0969