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0564 OLD CRAIGVILLE ROAD
�., ,,, ;�� . _ � _ I u r o e v O � - � m � u� � n { R J .. � �� ' .. .� .. ,� �. x _ cc, c ..:� :. cC. ¢n c ..,.. .... cs..- �. � ,:..., �..®-ca m,;�..±a .:,.„ nsa.�...�.. .m4 � .. .. .. - -_ Ica . �.: � �a,_,p ,: a ar. ., ,��.. �, c. a.+-dJ,,�-_. ,�.. ,�.�: �_,:��cm�... ,� � ��aev cK-� ,v _c �--...o.r-...ca � , �, „� � .T ., �a� � -�'cjf 4 .. ... ,. .. ,. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 1 ■ Complete Items 1;2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ; 0 Agent ( ■ Print your name and address on the reverse W;lX Addressee so that we can return the card to you. ug, Received by(Printed of Delivery i ■ Attach this card to the back of the mailpiece, �Q. or on the front if space permits. 1. Article Addressed to: ' 4 'y D. Is delivery address nt from item 1�5 s i e If YES,enter deli v *Gv9 pa ;� S f ry 3. Service Type { �• /�% ' ,'/�j) .o-gertifled Mail® ❑Priority Mail Express'", 1 ❑Registered J*1Ro*turn Receipt for Merchandise i ❑Insured Mail 0 Collect on Delivery - { 4. Restricted Delivery?(Extra Fee) ❑Yes i ?. Article Number ;(rransterfrorr►sendce tabeo 7:014 1200 0001 0358 2448 Oorm 3811,July 2013 Domestic Return Receipt �� T pok-- � Ta F August 16,2020 BUILDING DEPT. Mr. Brian Florence AUG 2 4 2020 Building Commissioner Town of Barnstable TOWN OF BARNSTABLE I am writing in regards to permit number B-19-1627,to build handicap ramp and removal of deck. The Sullivan's have informed me that due to Mr. Sullivan's deteriorating health;they do not want to go ahead with the handicap ramp. They would like to propose removing the deck and building a platform and set of stairs at rear door. Proposed plan enclosed. „ Please advise. Thank you, James Milano 774-836-6882 thejimma@comcast.net E. 9 _ry���r �. -.. ��&..>,.. L. 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'� �,,,'4Si��,�s ,���i4t£,�'' o �+it,,'sR �"1w ',r��,p�• 2 ,ak M`w. , , � 4i r�, Town of Barnstable Building PostThis�Ca1639. rdSoThatsits V�s�bleF,rom=the;Street-A roved-PlansMust,:beRetamed on Job and#his CacsdyMustbe Kept Muse d Until Final Inspection Has Been Madeo jb�eo Wh"ere a Certificate Poste of Occu an,c �s Re wrred„such Buildmg�shall Not be Occupied until a Final Inspectin fias been made W �l Permit No. B-19-1627 Applicant Name: JAMES A. MILANO Approvals Date Issued: 05/29/2019 Current Use: Structure Permit Type: Building-Addition/Alteration-Residential Expiration;Date: 11/29/2019 foundation: Location: 564 OLD LRAIGVILLE ROAD,CENTERVILLE Map/Lot. 226 177 Zoning District: RB Sheathing: Owner on Record: SULLIVAN,JOHN D&KATHLEEN TRSz k Contractor Name DAMES A MILANO Framing: 1 Address: PO BOX 54 Contractor License: CS 015046 2 WEST HYANNISPORT;MA 02672-0054 g EstProJect Cost: $25,000.00 Chimney: Description: remove deck&build handicap ramp,-1st extenstion to expire Pe`r`mit Fee: $302.50 5/15/20202 & t i t ire l . n xenson o exp : %29/20�` v Insulation: - ,k Fee Pgaid. $227.50 Project Review Req: HANDICAP RAMP AND ASSOCIATED LAN®ING ' Date 5/29/2019 Final: Plumbing/Gas ti r Rough Plumbing: � � kn s Building Official .. � m :� Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six3m6nths a ter issuance. All work authorized by this permit shall conform to the approved application'and theapproved construction documents fofwhich th)s permit has been granted. Rough Gas: All construction,alterations and changes of use of any building and st uctures shall be in compliance with the local zonir,, laws and codes: This permit shall be displayed in a location clearly visible from access streeto road and shall be maintained open for publicinspelon for the entire duration of the Final Gas: r work until the completion of the same. Electrical The Certificate of Occupancy will not be issued until all applicable signatures by3Yhe Building'and`Fire Offic alsare.`prowded on th s permit. 51 Minimum of Five Call Inspections Required for All Construction Work: 4 Service: 1.Foundation or Footing t �. ` "� Rough: 2.Sheathing Inspection 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final: 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: 6.Insulation 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site . . All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT Final: BUILDING DEPT.' DATE: May 1, 2020 V MAY 0 6 2020 U- TO: Mr. Brian Florence \ TOWN OF BARNSTABLE Building Commissioner TO Town of Barnstable I am requesting an extension for Permit Number B-19-1627 Location 564 Old Craigville Road, Centerville. Due to the impact of the Coronavirus pandemic I have not been able to work on the Sullivan project. My plan is to begin work after the governor lifts the stay at home order. Thank you, James Milano 774-836-6882 thejimma@comcast.net 4 DATE:November 12,2019 TO: Mr.Brian Florence Building Commissioner Town of Barnstable I am requesting an extension for Permit Number B-19-1627 Location 564 Old Craigville Road, Centerville. I have health issues and have been unable to work.I have three more months of recovery. My plan is to begin work on the Sullivan's handicap ramp in March and have it completed by the end of May. Thank you, James Milano 777-836-6882 _ . Email:thejimma@comcast.net i Town of Barnstable _ Building r, vsrnr IPost This Card So That it is:Visible From the Street Approved Plans Must be Retained on Job and this Card,,Mustbe Kept Posted Until Final•Inspection HasYBeen Made. r _ �� j+ t63 i 1. p q,p Where a C�rlificate of Occupancy,is Required,such Bwlding shall Not be Oce-upied untila,Final Inspection has been made_ Permit No. B-19-1627 Applicant Name: JAMS A. MILANO Approvals Date Issued: 05/29/2019 Current Use: Structure Permit Type.: Building-Addition/Alteration- Residential Expiration Date: `11/29/2019 • Foundation: Location: 564 OLD CRAIGVILLE ROAD,CENTERVILLE Map/Lot: .226-177 Zoning District: RB Sheathing: Owner on Record: SULLIVAN,JOHN D& KATHLEEN TRS Contractor Name::'-,DAMES A MILANO Framing: 1 Address: PO BOX 54 Contractor License: CS,015046 2 WEST HYANNISPORT, MA 02672-0054 - Est. Project Cost: $25,000.00 Chimney: Description: remove deck&build handicap ramp Permit Fee: $ 177.50 Insulation: Fee Paid:: $ 177.50 Project Review Req: HANDICAP RAMP AND ASSOCIATED LANDING. A Final: ` Date ' 5/29/2019 4y Plumbing/Gas I ( ✓ Rough Plumbing: Building Official Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within`six months after'issuance. All work authorized by this permit shall conform to the approved application and the!approved construction documents for which this permit has been granted. Rough Gas: All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. � This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for,public inspection for the entire duration of the Final Gas: work until the completion of the same. f r Electrical The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this,permit. Service: Minimum of Five Call Inspections Required for All Construction Work: 1.Foundation or Footing Rough: 2.Sheathing.lnspection 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final: 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: 6.Insulation 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT BUILDING DEPT Application Number...........r�...:.. ... ....'. . ......... 04 } : M // ��77—7 CC— ` ` AY 15 ZO]9 Pc®it Fee........l....C..?.:..sd.. ......Othea Fee........................ MAM ►`� To. wNOFBAR ABLES T -Total Fec Paid........................................ . TOWN OF BARNSTABLE Pam•••• ......................On..`?l. �� ...._ BUILDING PERMIT L7.7...................... APPLICATION s � Section 1— Owner's Information and Project Location L 0 � d C ✓� to l l e � e Project Address �� % � Owners Named Owners Legal Address 0. e City State zip q Owners Cell# g- �`7. = S70 Section 2—Use of Stractare Use Grroup C1 Commercial Structure over 35,000 cubic feet " ❑ Commercial Structure under 35,000 cubic feet Single/Two Family Dwelling Section 3—Type of Permit s ❑ New Construction ❑ Move/Relocate ❑ Accessory Structure ❑ Change of use [ODemo/(entire structure) ❑ Finish Basement ❑ Family/Amnesty ❑ Fire Alarm Rebuild ❑ Deck Apartment ❑ Sprinkler System [Addition ❑ ReWning wall ❑ Solar ' D Renovation ❑ Pool ❑ Insulation Other—Specify Section 4 -Work Description T stct Tmdated:2/92019 Application Number..................................................... Section 5—Detail Cost of Proposed Constriction 04 b Square Footage of Project -� f Age of Structure , . OY y e c-v S Dig Safe Number 'J /� 19 #Of Bedrooms Existing Total#Of Bedrooms(proposed) 110 MPH Wind Zone Compliance Method ❑ MA Checklist WFCM Checklist Design Section 6—Project Specifics ❑ Wrong ❑ Oil Tank Storage ❑ Smoke Detectors ❑ Plumbing ❑ Gas .❑ Fire Suppression ❑ Heating System ❑ Masonry Chimney ❑Ad&relocate bedroom Water Supply. Public y Q 'Private Sewage Disposal ❑ Municipal ❑ On site . Historic District ❑ Hyannis Historic District ❑ Old Kings Highway Debris Disposal Facility: I an using a crane ❑ Yes ❑ No Section 7—Flood Zone a Flood Zone Designation Within or adjacent to a wetland, coastal bank? Yes ❑ No ❑ Section S—Zoning Information Zoning District Proposed Use Lot Area Sq.Ft. Total Frontage Percentage of Lot Coverage #of Dwelling Units (on site) Setbacks, Front Yard Required Proposed Rear Yard Required. Proposed Side Yard Required Proposed. Has this property had relief from the Zoning Board in the past? ❑ Yes ❑ No - . -. Last imdwtft4-2/9/2019 Application Number........................................ Section 9—_Construction Supervisor Name .� —w 6' (� 8 F Z _..I U""'�� Telephone Number�/�,M � � �:�►O �`� Address yo . o 'fte Sta I-vV Pt 7 j License NumberC 5 o f.�®Lj&ense Type u K Expiration Date Contractors Email_+k-C � ` ..�,v,a C o, , C as 1`a,J e--tell# r7 7 L— 2`3 - . (6 gF I understand my responsibiltti'es under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedm-s,specific inspections and documentation by 780 CMR and the Town of amstable.Attach a copy of your license. Signature Date Section-10—Home Improvement Contractor Name_- 6",n e Telephone Number Z Address,3 7 W;_-4'c,m S4 City_Y.1VWW+0 J ta#e &mof_Tip ® )i-b `7 j Registration Number J 7 / Expiration Date ®: .1 2 ®�L o I understand my responsibilities under the rules and regulations for Home Improvement Cofactors in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation re ' by 780 CMR and the Town ofBam5oble.Attach a copy of your H.LC... Signature Date Section 11-Home Owners License Exemption Home Owners Name: Telephone Number YID, - 7 7S-S°?63 Cell or Work Number '1 "14 422 -F 9® f I understand my respoasibil>iz'es under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable. Signature Date APPLICANT SIGNATURE Signature f Date` // ;Li./ Print Nam C...�-+ Telephone Number ''7`7 y- 73 g E-mail permit to: W, T m^ni 0 Section 12—Department Sign-Offs Health Department ® Zoning Board Cif required) Historic District ❑ Site Plan Review Cif regmred) ❑ i Fire Department ❑ - r - t Conservation . For commercial world please take your plans directly to the fire department for approval Section 13—Owner's Authorization I, as Owner of the-subject property hereby �,.�. �� o to act on m behalf in all j authorize J, s a � Y matters relative to work authorized by this building permit application for: (Address of job)C42-L 4 ' S e of er w f date r •♦. v •�• y A Print Name \ - a I i I 4 - Last=dated:2J92018 .w. TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY TYPE AR INFORMATION PAGE WC 00 00 01 ( A) r POLICY NUMBER: (6HUB-9973L40-3-18) 4 RENEWAL OF (6HUB-9973L40-3-17) INSURER: THE TRAVELERS INDEMNITY COMPANY OF AMERICA i NCCI CO CODE: 13439 INSURED: PRODUCER: MILANO, JAMES A EASTERN INS GROUP LLC 38 WINTER STREET 233 WEST CENTRAL ST jw YARMOUTH MA 02675 NATICK MA 01760 . Insured is AN INDIVIDUAL �. Other work places and identification numbers are shown in the schedule(s) attached. 2. The policy period is from 09-26-18 to 09-26-19 12:01 A.M. at the insured's mailing address. J 3.. A. WORKERS COMPENSATION INSURANCE: Part One of the policy applies to the Workers - Compensation Law of the state(s).listed here:- MA B. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies to work in each state listed in Rem 3A. The limits of our liability under Part Two are: Bodily Injury by Accident: $ 100000 Each Accident Bodily Injury by Disease: $ 500000 Policy Limit Bodily Injury by Disease: $ 100000 Each Employee C. OTHER STATES INSURANCE: Part Three of the policy applies to the states, if any, listed here: COVERAGE REPLACED BY ENDORSEMENT WC 20 03 06B D. This policy includes these endorsements and schedules: SEE LISTING OF ENDORSEMENTS - EXTENSION OF INFO PAGE The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All required information is subject to verification and.change by audit to be made ANNUALLY. DATE OF ISSUE: 08-29-18 WC ST ASSIGN: MA 1., OFFICE: ORLAIVDO, INDUS AFF 161 ?FtODUCER: EASTERN INS GROUP LLC 22MLW x Commonwealth of Massachusetts Division of Professional Licensure Board of Building Regulations and Standards Constytfj't�rS�i�j jvisor CS-015046 Ea Aires: 11/05/2019 JAMES A MILANO: 38 WINTERS*% YARMOUTH PORTMA'02675O Commissioner CL is Office ofConsumer Affairs and Business Regulation.._. One Ashburton?lace - Suite 1301 Boston, Massachusetts 02108 (± Home improvementt�ontractor Registration Type: Individual # Registration: 158718 Expiration: 02/2512= JAMES A.MILANO l 38 WINTER ST r YARMOUTHPORT,MA 02675 ' �a - s s s4 update Address and Return Card. rraz�a�nmzr�e��C�af°C/j�i�auie�rc��` `-- ro of consumer Affairs&Basin#ss ReguL-150n R isiration valid for individual use only I OME IMPROVEMENT CONTRACTOR TYP E,:- � before the expiration date. N found return to: ealTY Ratrond ration Office,of Consumer Affairs and Business Regulation 158718= J2 '2020 10 Park Plaza-Suite 5170 �� Bosto:l,MA 02116 A MILANOe .r tTER ST .� L---) )Not valid without signature WTHPORT,MA 02675 un rsecretary oF�HE t Town of Barnstable Conservation Commission Bmu4srABLE. = ADMINISTRATIVE REVIEW FORM MASS. 16y9. ADM19-Aaa�- ArED M Fee $25.00 • ❑ Fee Paid Address/location of proposed proiect: Street: ©6GT _!lame S Uf l Qzillage: IfAap��kParcel: /73 Owner/Applicant: Mailing address: i J Phone/cell:,,�Z> " -7-7 3 ')mail: S-P �' L)--)"� !:Z L �`' '� Fax: Contractor/Agent�I& l e f' 4 l/`�► �� '� Address: �1 Z eJ Phone/cell: ,3 Email, \A c-+�a� �-°�^ C� 3 � '>� Associated File#�c�� . Project description: Attach additional sheet if necessary,along with photos and a site plan if available(include distance from I � ++ �11 i resource). SS.,µc,v�.� �,Lp�` - Diu "` l` Ifs c" (P uwln l 1. Will the proposed work take place within any of the following resource areas? (If"yes,"please check the following resource areas). ❑ Town coastal bank; ❑ State coastal bank; ` 100-year flood plain (land subject to coastal storm flowage); ❑ Salt marsh; ❑Beach; ❑ Dune; ❑ Vegetated wetland; ❑ Lake; ❑ Pond; ❑ Stream; ❑ Intermittent stream; ❑ Estuary; ❑ Ocean; ❑ Land under said waters. 2. Will the proposed work take place within 50-(feet of any of the above resource areas? 3. Is excavation by machinery required? .� -� A cJ� 4. Is foundation work proposed? _ 5.- Is removal of vegetation proposed? d ElUnderstory ❑ Groundcover ❑ shrubs 6. Is regrading proposed,either the addition or removal of soil? A(P 7. Is tree removal proposed? If so,why? ❑Water view ❑Aesthetics .❑ Safety issue Are trees: ❑ living ❑ dead ❑ dying(please supply photos) 8. Is planting proposed? If so,please supply a plan which includes species. 9. Is removal of poison ivy proposed,or other invasive species removal/control proposed? C� If"Yes,"please explain on additional sheet. 10. Is the use of herbi 'des proposed? a Applicant signature: Date: Reviewed by: Date: J zD Q\regulations\admin policies procedures\adminreviewform 7/1/2017 The Commonwealth of Massachusetts Department of Industrial Accidents \Office of Investigations 600 Washington Street 'Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): t 1 I CA 0 b f I Address: 1 0 ✓t tP✓ S -�`' , � r City/State/Zip:Y&Vvvnoj-+L-% t?o,t�' M hone#: '7`7 Li— `� 1 L' cf s - Are you an employer?Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I 6.i[�New construction Tj ,./employees(full and/or part-time).* have hired the sub-contractors t 2.LJ I am a sole proprietor or partner- listed on the attached sheet. 7. ffRemodeling Ir ship and have no employees These sub-contractors have ,g• cgDemolition working for me in any capacity. employees grid have workers' 9• RBuilding addition [No workers' comp.insurance comp.insurance. 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 } I I.❑Plumbing repairs or additions myself [No workers'comp. right of exemption per MGL . 152, 1(4),and we have no 12.❑Roof repairs c insurance required.]t § 13.❑Other employees. [No workers' _ pomp•insurance iequired.] *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-contractor;and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: ' Policy#or Self-ins.Lic.#: j Expiration Date: Job Site Address: / + City/State/Zip- Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can.lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains andpenal' ofperjury that the information provided above is true and correct Si afore: � J Date: %/ �-O Phone# b® r Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide w rkers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the se ce of another under any contract of hire, express„or implied,oral or written." An employer is fined as"an individual,partnership,association,Corp lion or other legal entity,or any two or more of the foregoing aged in a joint enterprise,and including the legal r presentatives of a deceased employer,or the receiver or trustee o individual,partnership,association or other I gal entity,employing employees. However the owner of a dwelling house having not more than three apartments who resides therein,or the occupant of the dwelling house of moth who employs persons to do maintenance construction.or repair work on such dwelling house or on the grounds or liuil g appurtenant thereto shall not becaus of such employment be deemed to be an employer." MGL chapter 152,§25C(6)a, o states that"every state or local 'censing agency shall withhold the issuance or renewal of a license or perm to operate a business or to con ct buildings in the commonwealth for any applicant who has not produc acceptable evidence of com:fiance with the insurance coverage required." Additionally,MGL chapter 152,E 25C(7)states"Neither the co onwealth nor any of its political subdivisions shall enter into any contract for the pe' rmance of public work un ' acceptable evidence of compliance with the insurance requirements of this chapter have b en presented to the contra g authority." Applicants Please fill out the workers' compensati affidavit complet ly,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name ),address(es)an phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(L. C)or Limited iability Partnerships(LLP)with no employees other than the members or partners,are not required to workers' co pensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised this affi vit may be submitted to the Department of Industrial Accidents for confirmation of insurance cov Also a sure to sign and date the affidavit. The affidavit should be returned to the city or town that the applicatib or th permit or license is being requested,not the Department of Industrial Accidents. Should you have any qu 'o re arding the law or if you are required to obtain a workers' compensation policy,please call the Department umber listed below. Self-insured companies should enter their self-insurance license number on the appropriate 4e. City or Town Officials Please be sure that the affidavit is complete and prin le bly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the O ce f vestigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number 'ch ' be used as a reference number. In addition,an applicant that must submit multiple permit/license applicatio in an .ven year,need only submit one affidavit indicating current policy information(if necessary)and under"Job S to Addres 'the applicant should write"all locations in (city or town)."A copy of the affidavit that has been offic ally stamp or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file r future perm or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtainin a license or p not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.) id person is NOT a uired to complete this affidavit. The Office of Investigations would like to th you in advance for y ur cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax nu nber: The Co onwealth of Massa usetts D ent of Indu dents Office of Investigations 600 Washington Street Boston,MA 02111 Tel.#617-727-4900 ext 406 or 1-877-MASSAFE Revised 4-24-07 Fax#617-727-7749 w .mass.gov/dia COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. LAND COURT DEPARTMENT Docket No.15 MISCO00213(JCC) JOHN D. SULLIVAN AND KATHLEEN R. SULLIVAN PLAINTIFF V. ALEX M. RODOLAKIS, GEORGE T. ZEVITAS, DAVID A. HIRSCH, HERBERT K. BODENSIEK,AND ROBIN YOUNG, AS THEY'ARE MEMBERS OF THE'ZONING BOARD OF APPEAL OF THE TOWN OF BARNSTABLE and THE TOWN OF- BARNSTABLE. a JOINT MOTION TO DISMISS Now comes the Parties and jointly move the dismissal of this matter wherein the Town of Barnstable Building Commissioner has issued a'building permit for the construction of a handicapped ramp and the issues raised in this litigation is now moot. The Plaintiffs, JOHN D. SULLIVAN AND K.ATH• EN R. SULLIVAN By the ttorney, La ence A. Simeon, Jr.,Esq. - B #552605 38 Broadway, P.O. Box 321 Revere,MA 02151 (781) 286-1560 6 , The Defendants, ALEX M. RODOLAKIS et. al. By their attorney. T, David Hought First Assistant Town Attorney Town of Barnstable 367 Main Street Hyannis, MA 02601-3907 (508) 862-4620 Dated: December 9,2019 2 ?+-t�S Q��zM�� �A S I SSv�'�D G9�.k �COv Sri �� �'� tn1�S �-�C��i'1E� � i } i ���� +...ate September 19,2019 tomnmunsell@xmail.com suedes3@amail.com 860 558-,20 r a Subject; Sullivan handicap ramp permit#B-19-1627 Dear Commissioner Florence, ' In 2015 the ZBA denied the request for the ramp as it was viewed as:a trojan horse to keep all or a significant portion of the illegal deck,the town was undere no obligation to provid)ka ramp as the original plans carried'a garage ramp, the ADA did not apply to residential property,and there were other lower points of origin for the ramp other than the deck. It was also noted the deck ramp lead to nowhere in the backyard. With that noted: We ask that this permit be modified to forever limit the "platform"to 5'x5'or whatever the town deems prudent in view of the history at this job site. In other words,we want the permit to note,and town files,to note these limitations,and that they go with the property so the next owner is not re building the deck. People retire or change jobs,and the town memory of.this situation will fade.as it evidently already has. Our concern with the permit is the Sullivan's did not follow the initial variance and its terms.Then they sued the town and Mr.Houghton.worked hard to defend the town for 8 years. We believe the Sullivan's will leave the main deck wall header up,and re-build the deck as soon as no one is looking. Indeed,the ZBA had noted that any ramp platform, if ever built,would comply with the minimum ADA size of 5':X 5'. The platform is already 11056, over that at5'X12'. We are so upset at the situation we are tearing down a perfectly good cottage and rebuilding it with a garage as a buffer to the Sullivan deck. Our engineering work is done.We intend to follow town rules and have hired Down Cape to do all the proper filings. The fact that we are going to a huge expense to re-gain some sense of visual and audio privacy might state something:about the degree of our distress. We appreciate your consideration in this matter. Sincerely, , Toww Gw►� $u� Tom Munsell and Sue DeGennaro ro y ,.-: +a3 .,.,=aw.a =; 'aft T -::r�'�`2'' tti . '4 •-, "' � a ,.Fls* t ay- G,, - �' ^.1�:5;:e� �`*ie 1«i rw'•pu 0°� :+ -`#'��rr$},�2:,y5 a" .,a4�:.�<�"�w.4' i�a a''E ',:;ak, a�,•h&.. `i,:x *'f�',�.+im' �. ` f �„ t i ;aN `k^ a42,�-.ram�+Fr�y,�?;� i"':T� .�.a " y� � fi.��, a �.,44' - �y'� .,� �� s, � � �Cry. a x-== ��. Via' a .:. �, •.y y,.� � . ,z i �` _�' �# �y ;^.fir,,. � ti4?�'z xd$r � 5�tiw a& ab l •,.�� � � +'S,�'r� ,.F t{3. ? *r•F^': "z*z�'�+s=_.¢+ i t _� '1 ro� ',� d S(}:., s � ,w�•. #jw 3*'i'_y MJ �T�i{-� � -S�b A FJ� -91 RM a^ e l c si %t , ',.,t�4r 4X«a RAMP Loam r c ` a , x w _ s y� F H, 3 , ON- y` e, C", 226108: . ;. �► „ ,' . T. N544 r � ; 22619.4: y o ,, � . 22617E 226109 J- - • Sim i ------------- aq rp Le P N ...... ... .^ ✓' :.• � �; A. ,A .rra :ills t r ... � .. '." �... ..' �. � �.�_""" is � �p, � •-.,=^•�•.....,.�• � t tart r 'a ��_ �,�r•� a. awe• - .:� : � � .7t"�, a■ � eJr`.,FPS �' , 7r LL �:. :aF' :: aYt► _. .. was-t a,t.r y.r c �. .. d' 6' J• } °�: sr+ ter' �c++ 430 Ir I crr.r ru tJ. � :.. .. .i j•w w. LI: Y,r. ♦/„�. — SIM � tM1•I : -{1— : I �r trS. ♦ a �w�a.•dJc�. V '�,... � •... �1.}•.f' � .. .y _, � 9t n..e.i!.ate, '. >: ID O r n to �,�rn c, ti n•: C �: Tom and Donna Quirk Opposition to Sullivan house From: Donna Quirk<donnanquirk ab mail.com> Date: Sun, Jul 31, 2011 at 9:06 PM Subject: Opposition to a Variance -Appeal No. 2011-041 To: Caro l.Puckett c town.barnstable.ma.us Dear Carol, I would like to voice our opposition to the Variance 2011-041 for the Sullivan property at 564 Old Craigville Road, Centerville. We are shocked that the town has let the Sullivans build this property so large in all directions and that the Sullivans have been allowed to raise the house up so high. We feel strongly that it takes away from the neighborhood and lowers the value_ of our home. This house looks nothing like the picture we were shown when they asked us for a variance last year. It is much larger and much higher than the projection we were shown or the explanation their lawyer gave us. Please contact me with any questions. Tom and Donna Quirk- in opposition of Variance Appeal No. 2011-041. Regards, Donna Quirk Donna Quirk Individual Giving Manager City Year Boston 61.7-359-1690 Cell d o nnanqu i riz(ai,gma i 1.c om i r N LOT COVERAGE = 25.G% w PO F.A.R. = 0.21 0 'P N N ("� Q o G w to ,c�\ REBAR Q �` \��\��G O 5ET LOT AREA: O��'1 ��, 10350. ' . 5.F. 0. '�• EXISTING PORCH ' 1 GO S.F. O . � O� I REBAR 5ET I NOTE: THE EX15TING DWELLING IS BUILT IN SUBSTANTIAL COMPLIANCE BUILDING LOCATION P L,N .WITH THE PLAN SUBMITTED TO BARNSTABLE ZONING BOARD OF FOR APPEALS, WITH THE EXCEPTION OF THE REAR PORCH. 5G4 OLD CRAIGVILLE RD., WEST HYANNI5PORT, MA PREPARED FOR JOHN KATHLEEN 5ULLIVAN SCALE: 111 _ 3 01 DATE:1 1 - 1 7-2 01 0 DRAWN BY: T M V V NW N C'A R BA 70B NUMBER: REV15ION: 5HEET NUMBER: I 110. 5791 0 OG=30-20 I I C",PP-2 WELLFR A550CIATE5 SURD I G45 FALMOUTH RD., SUITE 4C — P.O. BOX 417 CENTERVILLE, MA 2G32 2 WINDY WAY, #232 NANTUCKET, MA 02554 a, TELEPHONE„ TELEPHONE * FAX: (506) 775-0735 EMAIL: trlsweller@comcast.net REGISTERED LAND SURVEYORS * ENVIROMENTAL CONSULTANTS Traverse PC I. { Shea, Sally From: Florence, Brian Sent: Monday, September 28, 2020 3:38 PM To: tomnmunsell@gmail.com Cc: Carter, Jeff, Shea, Sally Subject: RE: Sullivan deck permit at 564 Old Craigville Road Hi Mr. Munsell, Please see the building division's official response to your email below in red text. I hope this information is helpful. Regards, Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.florence@town.barnstable.ma.us From: Shea, Sally Sent: Monday, September 28, 2020 2:04 PM To: Florence, Brian Cc: Carter, Jeff Subject: FW: Sullivan deck permit at 564 Old Craigville Road FYI Sally Shea Town of Barnstable Assistant Zoning Admin/Lead Permit Tech. 508-862-4031 From: Tom Munsell [mailto:tomnmunsell@gmail.com] Sent: Monday, September 28, 2020 1:57 PM To: Shea, Sally Cc: Tom Munsell; Degennaro Sue Subject: Sullivan deck permit at 564 Old Craigville Road Sally Sue and I thank you for being at work and for aptly fielding my call. Brian and I did have a conversation and I wanted to get back to him with a few notes: 1. Thank him and Mr. Houghton for their forethought on the plan- You are most welcome 2. The overall plan is consistent with the ZBA direction, but 3. The ZBA had wanted the deck wall header removed inshaded (removed deck area) so there would be less temptation to rebuild the deck when no one was looking.--Notwithstanding the ZBA's statement in their decision,W.G.L. c. 40,4 §3 provides: Section 3. No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building 1 I code. 'I"hcrefore with all. due respect to the 'ZBA - we cannot and will not allow anything in their decision to dictate what materials are used or how the structure is constructed,that is beyond their scope of authority. 4. We request the 564 building file be noted that NO expansion of the deck be allowed in the future. The house is already well over the allotted square feet. —This request is denied. We cannot put that as a condition of our building permit as doing so would constitute an over-reach of our authority. There are too many circumstances Where adding to the deck could be allowed in the future (special permit, variance, change in zoning etc.) With respect to items 5-10: It cannot be understated that this matter has been.through.years of enforcement action, zoning board of appeals, court actions and the permitting processes. Statements 5-1.0 appear to be asking the building division to go backwards and re-adjudicate this matter, that is not going to happen. The fact is, there is no public interest to do so as the Town has acted appropriately and done what was necessary to compel compliance with zoning and building code regulations to the letter. of the law. It is fruitless at this point to hash over the same arguments not taken into account during the ZBA and Court processes. While there may be a forum to take up those arguments it is not with the building division nor is it appropriate for the building division to do so. The ZBA and Court have established the path to compliance and it is being followed. Therefore ].will only make the following remarks concerning items 5-1.0. 1. A building permit was issued to reduce the deck to an.HP ramp. 2. We have no ability to dictate where a property owner puts an.HP ramp... it would.be an over- reach of our authority to attempt to do so. If the owner wants a ramp in the middle of a puddle or ice patch., that is their own affair. 3. IIP ramps are exempt from.zoning [ref. .M.G.L. c. =BOA §3] 1. The only foothold anyone (town or neighbors) had with respect to placement of the ramp was construction that exceeded what was necessary beyond a ramp—in other words that portion of construction that was the deck. 2. If there was an I-IP ramp but no deck...... there would have been no enforcement action The "Town.has every intention of compelling the property owner of complying with the settlement agreement and. building permit. 5. The ramp is run completely the wrong way (to the RIGHT or North) toward unimproved surface Circuit Ave which is often water and ice covered from 564 run off. It is also often snow plowed and has a good snowbank. Both of these make this a bad location to walk with any safety. As Brian knows, there is no requirement for a 3d property egress and several ZBA members suggested a ramp be run out the house front door where it would terminate to safe "road" surface on Old Craigville Road.. 6. If the ramp were run to the LEFT or South, the 1:12 pitch would rmeet the 564 driveway which would provide a safe surface to walk on. , 7. Both 4 and 5 raise the question of why this ramp runs into unimproved Circuit Ave 8. It also gets us to the actual "intent" to use this ramp when use would be rain and snow dependent vs. a run south to the 564 driveway. 9. That gets us back to # 3 and 94 above. 10. Since the illegal deck was carried on'the original stamped town plan about 40 feet left(South) as essentially a 85 SQ FT narrow Juliet balcony (no stairs) Sue and I ask that the building department stay on this build, and not issue a CO until Brian is comfortable that the ZBA terms are met. Sally, Sue and I thank you and Brian for your respective time, Stay healthy z T� zBA a I OWN OF BARNSTABLE BUILD �IEITLICATION y Map aka Parcel / Application Health Division A0b® Date Issue`L. Conservation Division (� / pp ication e� 5 �b Planning Dept. � Permit Fee' L ��� Date Definitive Plan Approved by Planning Board Historic - OKH Preservation/Hyannis Project Street Address r ` �0..° " v�t ,VIP Village Owner a d..,.. t-�e.ti ����� c� / •if�`�Address ` ! t� E/ 'e ��(i Telephone j-() - 7 7 J - -7,3 Permit Request �. Square feet: 1 st floor: existing tol" proposed 761 2hd floor: existing "`P6.1iftoposed Total new Zoning District 4K Flood Plain Groundwater Overlay Project Valuation ^T� 0, 0Construction Type Wd © Lot Size /6k Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. 4 Dwelling Type: Single Family W4—Two Family ❑ Multi-Family(# units) V� Age of Existing Structure l 70 Historic House: ❑Yes lid No On Old King's Highway: ❑Yes No Basement Type: M Full ❑ Crawl ❑Walkout ❑ Other t:0-J C1LtC- Basement Finished Area (sq.ft.) .� Basement Unfinished Area (sq.ft) 9-®-7 f. 1 Number of Baths: Full: existing 2 new Half: existing new Number of Bedrooms: 3 existin93 new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: YGas ❑Oil ❑ Electric ❑Other Central Air: &/Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes YNo Detached garage: ❑ existing ❑ new size-Pool: ❑ existing ❑ new size _ Barn: ❑ existing 0`hew size_ o _44 ,. Attached garage: ❑ existing lnew size _Shed: ❑ existing ❑ new size — Other: � Cn Nl Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# < � •,N Current Use Proposed Used rn APPLICANT INFORMATION (BUILDER-OR HOMEOWNER) Name +w, .� N, + C�,h-b Telephone Number r7 7 y_ S 3�- G, 7 ?4 r' Address 3 1-s IN 'e V cS �' License# S f 0 Y(o y GA w+D . t�o✓� --tA,0.e 0""6 ? J Home Improvement Contractor# D f b Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE - -_DATE 4,1.b 0 4 r , FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED ' - -MXP/PARCEL NO. , ADDRESS - VILLAGE r OWNER DATE OF INSPECTION: .� . r FOUNDATION JI I Isr4 rr J FRAME f� ,'rW�,►�G(0�50�9�t 1 of �is/cl i4k J� INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL y PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDIN /Zl l Ll DATE CLOSED OUT ASSOCIATION PLAN NO. IME Jr�.- TOWN OF BARN STAB L.E ' IngBu�ld Application Ref: 201004448 • * BARNSTABLE, Issue Date: 10/20/10 Perm-it MASS. �A 1639• �� Applicant: MILANO,JAMES rFG MAC A Permit Number: B 20102246 - Proposed Use: SINGLE FAMILY HOME Expiration Date: 04/19/11 Location 564 OLD CRAIGVILLE ROAD Zoning District RB Permit Type: REBUILD HOUSE AFTER TEARDOWN Map Parcel 226177 Permit Fee$ 1,912.50 Contractor MILANO,JAMES Village CENTERVILLE App Fee$ 100.00 License Num 015046 Est Construction Cost$ 375;000,, Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND REBUILD 3 BEDROOM HOURS AFTER TEARDOWN THIS CARD MUST BE KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A ` CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: SULLIVAN,JOHN D 81 KATHLEEN BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 164 KILKORE DR INSPECTION HAS BEEN MADE. HYANNIS, MA 02601 Application Entered by: JL Building Permit Issued By: THIS TERMITCONVEYS NO RIGHT TO OCCUPY ANY.STREET ALLYOR SIDEWfCLK OR A1v ART TFIE IT R'TEMPORARJLY`ORPERMRNENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY;NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPRO.UED BY THE JURISDICTION. STREET OR ALLY GRADES AS-WELL`AS DEPTH AND,LOCATION OF PUBLIC SEWERS`:NIAY 8E OBTAINED FROM:THE DEPARTMENT OF PUBLIC;WORKS.,;:. THE'ISSUANCE OF�LHIS PERMIT DOES NOT`RELEASE,THE APPLICANT FROM-THE CONDITIONS OF'ANY,APPLICABLE SUBDIVISION RESTRICTIONS. - MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.;WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS:(READY TO LATH). j.INSULATION. ` 6.FINAL INSPECTION BEFORE OCCUPANCY. HERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. ?.)RK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. 3".ERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF LATE THE PERMIT IS ISSUED AS NOTED ABOVE. TERSONS CONTRACTING WITH UNREGISTERED-CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(asset forth in MGL c.142A). MIN" BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1RJar 4 � 1 �� `P1� 1 2 2�� ,+�d.l I� 2 � `v- ��� 3 CQ,e (yd 1 Heating Inspection Approvals Engineering Dept Ph51 Ch�S �`21o �I Fire Dept 2 - C" Boar. of ealth ihU r ,. C. 11 rr V 00i0 a • ,4 a. la' Io Town of Barnstable Building Department - 200 Main Street MRNSTLE " , * Hyannis, MA 02601 9 MASS. (508 s6gq. ) 862-4038 � RFD MA'S A Certificate of Occupancy Temporary Application 201004448 CO Number: 20110113 Parcel ID: 226177 CO Issue Date: 08111111 Location: 564 OLD CRAIGVILLE ROAD Zoning Classification:. RESIDENCE B DISTRICT Owner: SULLIVAN, JOHN D & KATHLEEN Proposed Use: SINGLE FAMILY HOME 164 KILKORE DR HYANNIS, MA 02601 Village: CENTERVILLE A Gen Contractor: MILANO, J MES Permit Type: RTCO RES TEMP CERT OF OCCUPANCY Comments: TEMP CO GOOD FOR SIXTY (60) DAYS TO EXPIRE 10111111 0z l tAnn t, Bu ing epart rent Signature Date Signed Expiration Date Town of Barnstable Building Department - 200 Main Street t EARNSTABLE, Hyannis, MA 02601 9 MASS. 16,9. , (508) 862-4038 Certificate of Occupancy Temporary Application 201004448 CO Number: 201100009 Parcel ID: 226177 CO Issue Date: 09/22/11 Location: . 564 OLD CRAIGVILLE ROAD Zoning Classification: RESIDENCE B DISTRICT Owner: SULLIVAN, JOHN D & KATHLEEN Proposed Use: SINGLE FAMILY HOME 164 KILKORE OR HYANNIS, MA 02601 Village: CENTERVILLE Gen Contractor: MILANO, JAMES Permit Type: RTC2 RES TEMP CO 2ND Comments: 30 ADDITIONAL DAYS FOR TEMP C.O. EXPIRES 11111111 11/11/11 Building Department Signature Date Signed Expiration Date PROJECT-Dl. NAME: e- U ADDRESS:. SCO c(c3 � v t j PEIRMIT# PERMIT DATE, I;oZ.p ' t y M/P: Z Z a LARGE ROLLED PLANS S ARE IN: Boy C SLOT Data entered 'in MAPS program on; ►`� � C;Q �c� BY: tHE ro,; Town of Barnstable Regulatory Services 1AFNSTABLF, Thomas F.Geiler,Director htnss. Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town barnstable.maxs Office: 508-862-4038 Fax: 508-790-6230 °Property Owner Must Complete and Sign This Section If Using A Builder II v C-k-"\ ,as Owner of the subject property hereby authorize a"'n e S C4 O to act on my behalf, in all matters relative to work authorized by this building permit application for: 5(0 Old C"-C"; ,J t 1 �e ,r� C ���`"�✓v� 1 G� 1 - (Address of Job) y "atfe . Sig e Of �dHn1 . _1� • Su11IV ..Print Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. Q:FORMS-OWNER PFRMIS SION Town of Barnstable o f t►+e ram, . o Regulatory Services. BanxsrAs Thomas F.Geiler,Director y KAss. g q,A 1679. A Building Division TESL Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number street village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns.a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to - be,a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A- person who constructs more than one home in a two-year period shall not be considered a homeowner. Such ' "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work Performed under the building permit. (Section 109,1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws, rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:\WPFILES\FORMS\homeexempt,DOC . F The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations. 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le� Name(Business/Organization/Individual): ,��w►G ih i I4wp Address: 31 L-3 e^+c✓ Y City/State/Zip: y4vu A oJ+k, tab'% tM&f Phone.9:'714 13,3 L `L Are you an employer? Check the appropriate box: 'type of project(required): . AI am a employer with � 4. ❑ I am a general contractor and I 6 New construction employees(full and/or part-time).* have hired the sub-contractors ..2.❑ I am a soteprpprietor or'partner listed on the'attached sheet. T. 0Remodeling ship and have no employees These sub-contractors have g, Demolition working for mein any'capacity. employees and have workers' 9 ❑Building addition' [No workers'•comp.=insurance comp.insurance. 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 6f exemption per MGL 12.0 Roof repairs insurance required.] t c. 152, §'I(4), and we have no employees. [No workers' 13.0 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. xContractors that check this box must attached an additional sheet showing the name of the sub-contactors and state whether or not those entities have employees. If the sub contactors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy andjob site informatioij Insurance Company Name: Policy# Self-ins,Lic.#: eJ r7 x 0 Expiration Date: �. 8 Job Site Address: L`t O1 et clec"I') j` ��C A City/State/Zip: C e -.+ L/ 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 crimirial penalties of a fine tip.to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine. of up to$250.00 a day against the violator. Be advised that a copy-of this statement may be forwarded to the-Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains andpenalties ofperjury that the information provided above is true and correct 'Signature. Date: — Phone#: 0 ? �o Official use only.'Do not write in this area, id-be completed by city or town official .'City`or Town: Permit/License# Issuing Authority(circle one): , J.-Board of Health'2.Building Department 3. City/Town Clerk 4.Electrical Inspector S.Plumbing Inspector 6: Other Information and. Instructions, Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their.employees. Pursuant to this statute,,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as "an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise,and including the legal-representatives of a deceased employer, or the receiver or tiustee of an individual,partnership,association or other legal,entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or Iocal licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 1S2, §25g7)states"Neither the commonwealth nor any of its political subdivisions shall . enter into any contract for performance the perfoance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workeW compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-conttactor(s)name(s),•address(es)and.phone number(s)along with their certificates)of . insurance. Limited Liability Companies*(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a,workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete'and printed legibly. The Department has provided a space at the bottom Of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Please be sure to f in the permit(license number which will be used as a reference number. In addition,an applicant that must submit multiple permiVEcense applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Sile Address" the applicant should write"all locations in (city or town).".A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit . The Office of Investigations would like to.thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone-and fax number: The Commonwealth.af Massach=as Department of lndust .al Accidents Office of Investigatims 600 Washington Street Boston, MA 02111 Tta1. # 617-727-4900 ext 406 or 1-877-MASSAM Fax# 617-727JM Revised 11-22-06 www.mass.gov/dia REScheck Software Version 4.3.0 8 Compliance Certificate Energy Code: 20091ECC Location: Centerville Barnstable),Massachusetts Construction Type: Single Famil�yy Building Orientation: Bldg.faces i80 deg.from North Conditioned Floor Area: 2284 ft2 Glazing Area Percentage: 9% Heating Degree Days: 6137 Climate Zone: 5 Construction Site: Owner/Agent: Designer/Contractor: 564 Old Craigville Rd. Jim Milano Barnstable,MA 02632 J A Milano 38 Winter St. Yarmouth Port,MA 02675 774-836-6882 —ornpliance�Passes g performance Compliance:0.3%Better Than Code Gross Cavity Cont. Glazing UA Assembly Area or R-ValUe R-ValUe or D.. Perimeter U-Factor Ceiling 1:Flat Ceiling or Scissor Truss 2285 38.0 0.0 69 Wall 1:Wood Frame,16"o.c. 465 19.0 0.0 26 Orientation:Front Window 1:Vinyl Frame:Double Pane with Low-E 9 0.280 3 SHGC:0.24 ` Orientation:Front Window 2:Vinyl Frame:Double Pane with Low-E 11 0.280 3 SHGC:0.24 Orientation:Front Door 1:Solid 20 0.210 4 Orientation:Front Wall 2:Wood Frame,I o.c. 465 i9.0 0.0 27 Orientation:Left Side Window 3:Vinyl Frame:Double Pane with Low-E 9 0.280 3 SHGC:0.24 Orientation:Left Side r Window 4:Vinyl Frame:Double Pane with Low-E 9 0.280 3 SHGC:0.24 Orientation:Left Side Wadi 3:Wood Frame,IV o.c. 496 19.0 0.0 24 Orientation:Back Window 5:Vinyl Frame:Double Pane with Low-E 9 0.280 3 SHGC:0.24 Orientation:Bads Window 6:Vinyl Frame:Double Pane with Low-E 9 0.280 3 SHGC:0.24 Orientation:Bads Window 7:Vinyl Frame:Double Pane with Low-E 27 0280 8 SHGC:0.24 Orientation:Bads Window 8:Vinyl Frame:Double Pane with Low-E 9 0.280 3 SHGC:0.24 Orientation:Bads Door 2:Gass 40 0.280 .11 SHGC:0.24 Project Title: Report date:04/26/10 Data filename:C:\Documents and Settlngs\seth.heany\My Documents\Reicheck'Wim Milano.r& Page 1 of 6 REScheck Software Version 4.3.0 Inspection Checklist Ceilings: ❑ Ceiling 1:Fiat Ceiling or Scissor Truss,R-38.0 cavity insulation Comments: Above-Grade Walls: ❑Wail 1:Wood Frame,16"o.c.,R-19.0 cavity insulation Comments: ❑ Wail 2:Wood Frame,16"o.c.,R-19.0 cavity insulation Comments: ❑Wall 3:Wood Frame,16"o.c.,R-19.0 cavity insulation Comments: ❑Wall 4:Wood Frame,24"o.c.,R-19.0 cavity insulation- Comments: Windows: ❑ Window 1:Vinyl FrameMouble Pane with Low-E,U-factor:0,280 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: ❑ Window 2:Vinyl Frame:Double Pane with Law-E,U-factor:0.280 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: ` ❑Window 3:Vinyl Frame:Double Pane with Low-E,U-factor.0.280 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break?. _Yes No Comments: ❑Window 4:Vinyl Frame:Double Pane with Low-E,U-factor:0.280 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: - ❑Window 5:Vinyl Frame:Double Pane with low-E,U-factor:0.280 For windows without labeled U-factors,describe features: - #Panes Frame Type Thermal Break? Yes_No Comments: ❑ Window 6:Vinyl Frame:Double Pane with Low-E,U-factor:0.280 For windows without labeled U-factors,describe features: #Panes frame Type Thermal Break? Yes_No Comments: ❑ Window 7:Vinyl Frame:Double Pane with Low-E,U-factor:0.280 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: Project Title: Report date:04/26110 Data filename:CMocuments and Settingslseth.heany\My Documents\RescheckMJlm Milano.rck Page 3 of 6 r 0 Window 8:Vinyl Frdme:Double Pane with Low-E,U-factor.0.280 Forwindows Wthout labeled U-factors,describe features: #Panes,Frame Type Thermal Break?_Yes_No Comments: ❑ Window 9:Vinyl Frame:Double Pane with Low-E,U-factor.0.280 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break?_Yes No Comments: ❑Window 10:Vinyl Frame:Double Pane with Low-E.U-factor:0.280 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break?,Yes No a Comments: ❑Window 11:Vinyl Frame:Double Pane with Low-E,U-factor.0.280 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes_No Comments: Doors: ❑ Door 1:Solid,U-factor.0.210 Comments: ❑ Door 2:Glass,U-factor.0.280 Comments: Floors: ❑ Floor 1:A I-Wood JoistlTruss:Over Unconditioned Space;R-�insulation Comments: Floor insulation is installed in permanent contact with the underside of the subfloor decking. Heating and Cooling Equipment: ❑ Furnace 1:Forced Hot Air:98 higher Make and Model Number"""—�� Air Leakage: ❑ Joints(including rim joist junctions),attic access openings,penetrations,and all other such openings in the building envelope that are sources of air leakage are sealed with caulk,gasketed,weatherstripped or otherwise sealed with an air barrier material,suitable film or solid material. ❑ Air barrier and sealing exists on common walls between dwelling units,on exterior walls behind tubsishowers,and in openings between window/door jambs and framing. ❑ Recessed lights in the building thermal envelope are 1)We IC rated and ASTM E283 labeled and 2)sealed with a gasket or caulk between the housing and the Interior wail or ceiling covering. - ❑ Access doors separating conditioned from unconditioned space are weather-stripped and insulated(without insulation Compression or damage)to at least the level of insulation on the surrounding surfaces.Where loose fill insulation exists,a baffle or retainer is installed to maintain insulation application. ❑ Wood-buming fireplaces have gasketed doors and outdoor combustion air. Air Sealing and insulation: ❑ Building envelope air tightness and insulation installation complies by either 1)a post rough-in blower door test result of less than 7 ACH at 33.5 psf OR 2)the following items have been satisfied: (a)Air barriers and thermal barrier.Installed on outside of air-permeable insulation and breaks or joints in the air barrier are filled or repaired. (b)Ceiling/attiC:Air barrier in any dropped osiling/sofft is substantially aligned with insulation and any gaps are sealed. (c)Above-grade walls:Insulation is installed in substantial contact and continuous alignment with the building envelope air barrier:. (d)Floors:Air barrier is Installed at any exposed edge of insulation. (e)Plumbing and wiring:Insulation is placed between outside and pipes.Batt insulation is out to fit around wiring and plumbing,or sprayed/blown insulation extends behind piping and wiring. If) Comers,headers,narrow framing cavities,and rim joists are insulated. Project Mile: Report date:04/26/10 Data filename:C:1Documents and Settingslseth.heanyXMy DocumentslReschecksUrn Milano.rck Page 4 of 6 r� (9)Shower/tub on exterior wall:Insulation exists between showers/tubs and exterior wail. Sunrooms: p Sunrooms that are thermally isolated from the building envelope have a maximum fenestration U-factor of 0.50 and the maximum skylight U-factor of 0.75.New windows and doors separating the sunroom from conditioned space meet the building thermal envelope requirements. Vapor Retarder: Vapor retarder is installed on the warm-in-winter side of all non-vented framed ceilings,walls,and floors;or it has been determined that moisture or its freezing will not damage the materials;or other approved means to avoid condensation are provided. Comments: Materials Identification and Installation: Materials and equipment are Installed in accordance with the manufacturer's installation instructions. Insulation is installed In substantial contact with the surface being insulated and in a manner that achieves the rated R-value. Materials and equipment are identified so that compliance can be determined. Manufacturer manuals for all installed heating and cooling equipment and service water heating equipment have been provided. © Insulation R-values,glazing U-factors,and heating equipment efficiency are clearly marked on the building plans or specifications. Duct Insulation: D Supply ducts in attics are insulated to a minimum of R-8.Al other ducts in unconditioned spaces or outside the building envelope are Insulated to at least R-6.. Duct Construction and Testing: FEl Building framing cavities are not used as supply ducts. O All joints and seams of air ducts,air handlers,filter boxes,and building cavities used as return ducts are substantially airtight by means of tapes,mastics,liquid sealants,gasketing or other approved closure systems.Tapes,mastics,and fasteners are rated UL 181A or UL 181B and are labeled according to the duct construction.Metal duct connections with equipment and/or fittings are mechanically fastened.Crimp joints for round metal ducts have a contact lap of at least 1 1/2 inches and are fastened with a minimum of three equally spaced sheet-metal screws. Exceptions: Joint and seams covered with spray polyurethane foam. Where a partially inaccessible duct connection exists,mechanical fasteners can be equally spaced on the exposed portion of the joint so as to prevent a hinge effect. Continuously welded and locking-type longitudinal joints and seams on ducts operating at less than 2 in.w.g.(500 Pa). Duct tightness test has been performed and meets one of the following test criteria: (1)Postconsbucdon leakage to outdoors test:Less than or equal to 182.7 cfm(8 cfm per 100 ft2 of conditioned floor areaj. (2)Postconstruction total leakage test(including air handier enclosure);Less than or equal to 274.1 rim(12 cfm per 100 ft2 of conditioned floor area)pressure differential of 0.1 inches w.g. (3)Rough-in total leakage test with air handler installed:Less than or equal to 137.0 cfm(6 cfm per 100 ft2 of conditioned floor area) when tested at a pressure differential of 0.1 inches w.g. (4)Rough-in total leakage test without air handier installed:Less than or equal to 91.4 cfm(4 cfm per 100 ft2 of conditioned floor area). Temperature Controls: At least one programmable thermostat is installed to control the primary heating system and has set-points initialized at 70 degree F for the heating cycle and 78 degree F for the cooling cycle. Heating and Cooling Equipment Sizings Additional requirements for equipment sizing are included by an inspection for compliance with the International Residential Code. For systems serving multiple dwelling units documentation has been submitted demonstrating compliance with 2009 IECC Commercial Building Mechanical and/or Service Water Heating(Sections 503 and 504). Circulating Service Hot Water Systems: - Circulating service hot water pipes are insulated to R-2 O Circulating service hot water systems include an automatic or accessible manual switch to turn off the circulating pump when the system is not in use. Heating and Cooling Piping Insulation: HVAC piping conveying fluids above 105 degrees F or chilled fluids below 55 degrees F are insulated to R-3. Swimming Pools: I Project Title: Report data:04/26/10 Data filename:C:1Documents and SettingMseth.heanyWy DocumentslReschecksUlm Milano.rck Page 5 of 6 r Heated swimming pools have an onloff heater switch. Pool heaters operating on natural gas or LPG have an electronic pilot light. Timer switches on pool heaters and pumps are present. Exceptions: Where public health standards require continuous pump operation. Where pumps operate within solar-and/or waste-heat-recovery systems. Heated swimming pools have a cover on or at the water surface.For pools heated over 90 degrees.F(32 degrees C)the cover has a minimum insulation value of R-12. Exceptions: Covers are not required when 60%of the heating energy is from site-recovered energy or solar energy source. Ughting Requirements: A minimum of 50 percent of the lamps in permanently installed lighting fixtures can be categorized as one of the following: (a)Compact fluorescent (b)T-8 or smaller diameter linear fluorescent (c)40 lumens per watt for lamp wattage—15 (d)50 lumens per waft for lamp wattage>15 and<=40 (e)60 lumens per watt for lamp wattage>40 Other Requirements: Snow-and ice-melting systems with energy supplied from the service to a building shall include automatic controls capable of shutting off the system when a)the pavement temperature is above 50 degrees F,b)no precipitation Is failing,and c)the outdoor temperature is above 40 degrees F(a manual shutoff control is also permitted to satisfy requirement'd). Certificate: A permanent certificate is provided on or in the electrical distribution panel listing the predominant insulation R-values;window U-factors;type and efficiency of space-conditioning and water heating equipment.The certificate does not ever or obstruct the visibility of the circuit directory label,service disconnect label or other required labels. NOTES TO FIELD:(Building Department Use Only) Project Title: Report date:04/26/10 Data filename:CADocuments and Setdngs\seth.heanylMy DocumentslReschecksWim Milano.rck Page 6 of 6 r 2009, IF-CC Energy a Efficiency Certificate Insulation Rating R-Value � j Ceiling I Roof 38.00 Wall 19.00 Floor I Foundation 30.00 Ductwork(unconditioned spaces): Door Rating U-Factor SHGC Window 0.28 0.24 Door 0.28 0.24 CoolingHeating & Forced Hot Air Furnace 98 AFUE r Water Heater. Name: Date:' Comments: U ; ' Massachusetts - Department of Public Sufet� Board of Building ate$' ,.Regulations an(1 Standards ' Construction Supervisor License License: Cs . 15046 x Y (( Restricted,to: 00 ??(( x JAMES A MILANO '' ` y 4 x 38 WINTER ST � *r "• ;t YARMOUTH MA 02675VT rY - Expiration:,11/5/2011 337 INw: P. fi 41 .. '. sqo15 V1, ,V/A,v 4 p, . 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS 56`T QLD CF_f1b✓ILI,t o AAlC11ELE• c E MASSACHUSETTS STATE BUILDING CODE CLI�ILO (7t/t i. 1M ° No;34774 l OF STRUCTURAL A WC Guide to Wood Construction in High Wind Areas;110 mph Wind Zone e Massachusetts Checklist for Compliance(780 CMR 5301.2.1.1)' r w_ Q Check �v 1.1 SCOPE Compliance Wind Speed(3-sec.gust) ........................... ......::...... 110 mph _ Wind Exposure Category .......................... .............. ......... B 1.2 APPLICABILITY Number of Stories(a roof which exceed 8 i 12 slope shall be considered a stp ) Roof Pitch ....... _ stories s 2 stories _ (Fig 2) . S(� s 12:12 Mean Roof Height .................. ... (Fig 2) .. ... ft s 33' Building Width,W ... (Fig 3) .. ................. ft s 80' _ Building Length,L ....................... (Fig 3) ....... 2 ft s 80' Building Aspect Ratio(UW) .. ..:. (Fig 4) ............... ..... s 3:1 _ Nominal Height of Tallest Opening' .......... (Fig 4) .. s 6'g" _ 1.3 FRAMING CONNECTIONS General compliance with framing connections... (Table 2) .......... 2.1 FOUNDATION i Foundation Walls meeting requirements of 780 CMR 5404.1 Concrete :. Concrete Masonry ............................ ............................... . 2.2 AN HORAGE TO FOUNDATION'a Anchor Bolts imbedded or%"Proprietary Mechanical hors as an � alternativem oncrete only Bolt Spacing general ...... C? P g=g (Table 4) A KI�C '.�'` c y e in. _ Bolt Spacing from end/jointof plate ....... (Fig 5) ............... 2 in.s 6' —12" Bolt Embedment—concrete.............. (Fig 5)...... . ....... .-7 in.a 7" Bolt Embedment-masonry.............. (Fig 5) ................ — in, a 15" , f Plate Washer ....... .................. (Fig 5) ................... z 3"x 3"x�/: _ 3.1 FLOORS Floor framing member spans checked ......... (per 780 CMR 55.00) .. ... ..,.. Maximum Floor Opening Dimension.......... (Fig 6) ................ . .... —ft s 12' Full Height Wall Studs at Floor Openings less than 2'from Exterior Wall(Fig 6) ............. Maximum Floor Joist Setbacks Supporting;Loadbearing Walls or Shearwall . (Fig 7) `-ft s'd ....... .. . Maximum Cantilevered Floor Joists _ r Supporting Loadbearing Walls or Shearwall . (Fig 8) ...... .......... ....... —ft s d Floor Bracing at Endwalls ........... ...... (Fig 9) ...... 4 Floor Sheathing Type ..... ................ (per 780 CMR 55.00) ..... . ........... Floor Sheathing Thickness ................. (per 780 CMR 55.00) ............. 3 in. —_ Floor Sheathing Fastening ........:......... (Table 2)Ad nails at field 4.1 WALLS Wall Height Loadbearing walls ..................... (Fig 10 and Table 5) .. ......... .6 ft s 10' Non-Loadbearing walls ................. (Fig 10 and Table 5) ...........15_,�ft s 20' Wall Stud Spacing ........... ........ ....... (Fig 10 and Table 5) .. .:. in. s 24"o.c. _ Wall Story Offsets ........ ................ (Figs 7&8) ............. .. =ft s d 4.2 EXTERIOR WALLS' Wood Studs Loadbearing walls ............ ..... (Table 5) ............2xI_ ft-Q in. Non-Loadbearing walls .................. (Table 5) ........ ....2x.fQ ft 5 in. Gable End Wall Bracing' _ Full Height Endwall Studs ............... (Fig 10) .......... I ...... \ WSP Attic Floor Length .... .... ( ) ..... Fig 11 .... ............... ft 2 W/ Gypsum Ceiling-Length(if WSP not used)(Fig 11) ......... ..... ft _ and 2 x 4 Continuous Lateral Brace @ 6 ft.o.c...(Fig 11)..........,.`. or 1 x 3 ceiling furring strips @ 16"spacing min,with 2 x 4 blocking @ 4 ft.spacing in end joist or truss bays .................. Double Top Plate 4............... Splice Length......... ................ (Fig 13 and Table 6) .'30.3A.0-.... ft _ Splice Connection(no.of 16d common nails)(Table 6).............................. 1054 780 CMR-Seventh Edition 12/28/07 (Effective 1/1/08) / 9,6�SN OF Mq SCMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS SULL!V MICHELE c APPENDICES- , f CUDILO adbearin W ° No.34774 g all Connections STRUCTURAL Lateral(no.of 16d common nails) ......... (Tables 7) •• 2 e e on-Loadbearing Wall Connections LatoraS(no.of 16d common nails) .,....... (Table S) Load Bearing Wall Openings(record largest opening.but check all openings for compliance to Table 9) `or.aJC'` Header Spans........... Table 9 _ .... ( ) . ft D in. Sill Plate Spans ....................... (Table 9) .. ....... ... .. ft Q m. `•, Full Height Studs(no.of studs) .,..........(Table 9) .. . ..... ...... .. Z A/ Non-Load Bearing Wall Openings(record largest opening but check all openings for comphance to Table 9) Header Spans...... ............ ......... (Table 9) ....... 2 ft in.s 12' Sill Plate Spans.... .. .. . ............... .. (Table 9) ' ft in.s 12" , Full Height Studs(no.of studs) .. . ........ (Table 9) .., . . _ 4— Exterior Wall Sheathing to Rest ,and Shear Simultaneousl ,W Minimum Building Dimension Nominal Height of Tallest Opening=.. .......... ......... . .. ... q Sheathing Type .. . .. ... ......... ..... (note 4).... ... Edge Nail Spacing ...........r (Table 10 or note 4 if less) .. .... .. . in. _ Field Nail Spacing .. .. .............. (Table 10)... ....... .. ... . ... .. .in. Shear Connection(no.of 16d common nails)(Table 10 .. Percent Full-Height Sheathing .......... (Table 10).VZ i.6.0t4i F T,,,..= .1 _ 5%Additional Sheathing for Wall with Opening>6' '(Design Concepts)........ .Maximum Building Dimension© 1 —' Nominal Height of Tallest Opening'.........; . .rD�s 6'8" a Sheathing Type ....... ................ (note 4).. ...... ....... ... . ...... P Edge Nail Spacing .... ......... . ..... (Table 1 I or note 4 if less) .. ....... in: _ Field Nail Spacing ........... ........ (Table 11)...... ..... . ... ...... . 11 1in. _ Shear.Conpection(no.of 16d common nails)(Table 11) ......... .. .. ...... _ Percent Full-Height Sheathing .. ........ (Table 11).Ile LI A,FT...... Zid% 5%Additional Sheathing for Wall with 0 ning>6'8"(DesignCo ce ts). Wall Cladding �g Q ......4V�e.rt/ Rated for Wind Speed? ........................... ..... .. 5.1 ROOFS _ :Roof framing member spans checked? (For Rafters use AWC Span Tool,see BBRS Website) Roof Overhang........................... (Figure 19) ...... ft s smaller of 2' or U3 Truss or Rafter Connections at Loadbearing Walls — Proprietary Connectors Uplift ....... ........ .... ...... *... (Table 12)..... ........... .... Lateral ....... .......................(Table 12).............. . . .... L=J.&plf Shear.. ............. (Table 12)............... ..... S=_Z plf _ Ridge Strap Connections,i collar ties of r page 21(Table 13)......, . ..... T= plf Gable Rake Outlooker ..................... (Figure 20)LI ,`.4< ft s smaller of 2'or U2 _ Truss or Rafter Connections at Non-Loadbearing Walls _ Proprietary Connectors Uplift ... .... .... .. .. .............. (Table 14)• .... .... U= — lb. Lateral(no.of 16d common nails) ....... (Table 14 Roof Sheathing Type ...................... (per 780 CMR 58.00 and 59.00) .......... .. Roof Sheathing Thickness ......... ....711�in.a 7/1 "WSP Roof Sheathing Fastening ........... ........ (Table 2) Notes: 1. This checklist shall be met in its entirety, excluding the specific exception noted in 2, to comply with the requirements of 780 CMR 5301.2.1.1 Item 1.If the checklist is met in its entirety then the following metal straps and hold downs are not required per the WFCM 110 mph Guide: a. Steel Straps per Figure 5 . b. 20 Gage Straps per Figure 11 c. Uplift Straps per Figure 14 d. All Straps per Figure 17 e. Comer Stud Hold Downs per Figure 18a and Figure l8b 2. Exception:Opening heights of up tog ft.shall be permitted when 5%is added to the percent full-height sheathing requirements shown in Tables 10 and 11. J. The bottom sill plate in exterior walls shall be a minimum 2 in.nominal thickness pressure treated t12-grade, 4. a. From Tables 10 and I 1 and location of wall sheathing and Building Aspect Ratio,determine Percent Full-Height Sheathing and Nail Spacing requirements 12/28/07 (Effective 1/l/08) 780 CMR-Seventh Edition ` 1055 SVL AWC Guide to Wood Construction in High Wind Arens: I10 tnph 1Yhtd Zane 5t'e�-GSA lqlt,tk Massachusetts Checklist for Compliance (780 CMR 5301.2.1.1)' G "iwlw�t MA 4. a. From Tables 10 and 11 and location of wall sheathing and Building Aspect Ratio, determine Percent Full-Height Sheathing and Nail Spacing requirements b. Wood Structural Panels shall be minimum thickness of 7116'and be installed:as follows: i. Panels shall be installed with strength axis parallel tostuds. ii. All horizontal joints shall occur over and be nailed to framing. iii. On single story construction,panels shall be attached to bottom plates andaop member of the double top plate. iv. On two story construction,upper panels shall be attached to..the top member of the upper double top plate and to band joist at bottom of panel. Upper attachment of lower panel shall be made,to band joist and lower attachment made to lowest plate at first floor framing.. v. Horizontal nail spacing at double top plates,band joists;and girders shall be a,double row of°8d staggered at 3 inches on center per figures below:Vertical and Horizontal Nailing for Panel Attachment - "WHI I;THBEDMfens ON FflMNiVR 11SE AJ MA*A 11 11 11 1/ � H ' 11 11 41 I's so it 1 11 11 11 M H 11 11 � 1 1/ 11 11 11 0 11 1 /1 11 ID f1 1'1 /1 11 11 11' 11 1/ 14 n rl 11 11 MA{LBPACP4 P•� See Detail on Next Page Vertical and Horizontal Nailing for Parcel Attachment ,1 r A JV(. Gtdd.e to Wood Constrrtction in High ff"ind.Areas: 110 mph fVhtd Zones&.* OL'pct 6'viU M."Iss"Iehusetts Checklist for Compiiance (780 C -tiz s3ur.2.i.1�' il tMA 14 STMMWED t t . Mw , • t t - t . t - NAIL PA?lE3Mi PANEL- PAWL EDGE DOUBIE NAIL EDGE SPACING MAL Detall Vertioal and Horizontal.Nailing for Panel Attachment GENERAL.NOTES AND MATERIAL SPECIFICATIONS• FOUNDATIONS l. All workmanship to conform to the requirements of the Massachusetts State Building Code,latest edition. 2. For site location and grading information,see Site Plan,by others. 3. Assumed net allowable soil bearing capacity,q=3000 psf,for a medium sand/gravel composition. Other soils encountered, contact the Engineer of Record. 4, Concrete: Minimum 28 day strength, fc=3000 psi,3/4"aggregate,designed per American Concrete Institute Code, latest issue,maximum slurpp=4". a.). Anchor bolts A5TM A307 galvanized,min. 5/8"diameter, IT' long,w/2-UT'hook spaced 4'o/c,. r in.concrete.p.iers w/ Simpson ABU-series base;SPACED 2' o/c for slab-on-grade construction(i.e.Garage). V'o• FRAMING 1.All workmanship to conform to the requirements of the Massachusetts State Building Code, latest edition. 2. Structural Design Loads: Dead Loads:Actual Weight of Building Components Live Loads: Snow Load. =30 psf(plus drift)with applicable reduction ATTIC Storage=20 psf Living Floor=40 psf Sleeping Floor=30 psf Decks,and Balconies=60 psf Wind Load: Criteria used for 110 MPH Exposure B. 3 Structural Steel: (as required) a. ASTM A572 Grade 50;shop paint with rust inhibitive paint.Thru-Bolts: ASTM A307, 1/2"diameter;punched holes: 9/16"diameter. b: Welds: Shop weld cap and.base plates to columns;shop weld bearing plates to beams;use E70xx electrodes. Altematively:,field weld by.certified welders. c. Deflection Criteria: L/360'total load deflection. 4:Timber Framine: a. All new timber framing: Spruce-Pine-Fir No.2 with Fb=1000psi,E=1,300,000 psi,or better., b. Pressure treatedtimber(P:T.):Southern Pine with Fb=130.0 psi,E=1,600,000 psi,.or better. c. Laminated Veneer Lumber: All L.V.L.shall be 1.9E L.V.L.with Fb=2925 psi,E=1,960.ksi;Fv=285:psi,Fc er.=750 psi, Fear=3035 psi: Paiallam(PSL):All PSL shall be min. 1.9E ES with Fb=2900 psi,E=1,900 ksi,Fv=28S psi, Eder750 psi,— Fear-2900 psi. Note that Microliam and Parallam may be used interchangeably. L Deflection Criteria: 'L/480 Live Load,L/360 Total Load 2. Optional: Provide shop drawing submittal of engineered lumber systems for.approval prior to materials purchasing. 5. Metal Connectors: As manufactured by Simpson Strong-Tie Co.shall be handled and installed per manufacturer requirements, with all nail holes filled,with the size nail as specified by mfgr.or herein. a. Rafter to Ridge Beam,: Simpson LSSU-series,or Simpson Straps over top of plywood,spaced 48"o/c; Rafter to Ridge Plate' Collar ties min. Ix6@ 48"o/c at top or Simpson Straps over top of plywood spaced 48"o/c b. Rafter ends to top plate: Simpson H2.5A r c. Band Joist: Simpson straps at 48"o/c 6. Bolts: Bolts in wood framing shall be standard machine bolts unless noted otherwise. Bolt holes in wood shall be 1/32" larger than bolt diameter. Bolt heads and nuts shall bear on standard malleable iron washers,or square plate washers. All nuts shall be retightened at completion of job. 7. Blocking: a. Blocking shall be solid blocking,2x minimum,and full depth of member. b. Stud Walls: provide blocking at 8'-0"o/c,maximum height. Comers to be blocked at 48"o/c with plywood edge nailing to this blocking for the first 48"of these building corners., c.Nailing Schedule: Solid Blocking to Bearing 2-8d toenails ea. side Blocking Between Studs 2-I0d toenails ea.end,or 2-16d end-nails ea.End d. New Framing: Provide 2x blocking for 2 joist/rafter bays and spaced 48"o/c in joist and rafter plane at all edges: attach plywood edges to this blocking 8. Nailing Schedule: All nailing shall be in accordance with Appendix 120.Q,unless noted herein specifically. '�IPl(H OF,,�s Multiple Studs 16d @ 12" staggered a. All nails shall be common wire nails. MICHELE �� OU®ILO b. Sub-bore where; nails tend to split wood. f9o•34774 -?- 9. Headers less than 4'-0",use 2-2x6;all.others per MA State Building Code Table 5502.5(1)and(2). STR✓W,OTUR M I C ELT CUDILOAL , SULLI Vknlp sL Consulting Structural En ine 123 Cottonwood Lane. Centerville, Massachusetts 02632 Jc—r'p yV1L� Drawn By: MC Date: , 2 � /10 K- Drawln� G41 ✓,E HA Scale' AS NOTED Rev. 0 4 � File Nome: qL Project No.: _50Z010 SK r� s ax berver ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/08/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require and endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE EASTERN INS GROUP LLC (A/C,No,EXt). 233 WEST CENTRAL ST E-MAIL / NSEP 0 •8 REC'p ADDRESS: PRODUCER By NATICK,MA 01760 CUSTOMER ID#: 2B2KY INSURER(S)AFFORDING COVERAGE INSURED INSURER A: TRAVELERS INDEMNITY COMPANY INSURER B: MILANO JAMES A INSURER C: INSURER D: 38 WINTER STREET INSURER E: YARMOUTHPORT,MA 02675 tNSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED _ OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. - LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - - - INSR ADDLSUBR - POLICY EFF DATE. POLICY EXP DATE - TYPE OF INSURANCE - POLICY NUMBER' (MM\DDWYYY) (MM\DD\YYYY) - LIMITS LTR - INSR WVD + .,.... ,. GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE OCCUR: PREMISES(Ea occurrence) MED EXP(Any one person) $ PERSONAL&&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ,POLICY PROJECT LOC PRODUCTS COMP/OP.AGG $ AUTOMOBILE LIABILITY r COMBINED SINGLE $ ANY AUTO LIMIT(Ea accident) ALL OWNED AUTOS BODILY INJURY $ ' SCHEDULE AUTOS (Per person) HIRED AUTOS BODILY INJURY $ ' NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident). UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WC STATUTORY LIMITS .OTHER - .. WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY Y/N UB-0072N728-10 02/20/2010 02/20/2011 E.L.EACH ACCIDENT $. 100,000 ANYPROPERITOR/PARTNER/EXECUTIVE Y - - - E.L.DISEASE:EA EMPLOYEE.$ 100,000* OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-POLICY LIMIT If yes,describe under $ 500,000 DESCRIPTION OF OPERATIONS Wow DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS THIS REPLACES ANY PRIOR CERTIFICATE ISSUED TO THE CERTIFICATE HOLDER AFFECTING WORKERS COMP COVERAGE THE WORKERS'COMPENSATION POLJCY DOES NOT PROVIDE COVERAGE FOR MILANO JAMES A CERTIFICATE HOLDER CANCELLATION TOWN OF BARNSTABLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE ATT: BUILDING DEPT WITH THE POLICY PROVISIONS. 200 MAIN ST AUTHORIZED REPRESENTATIVE HYANNIS,MA 02601 Charles J;CIark ACORD 25(2009109) 1988-2009 ACORD CORPORATION..All rights reserved.- _ I r TOWN OF.:BARNST¢BLEZONIHGBOhRp OFAPPEALS NOTICE OF,FIJBLfl;HEARjNGS UND THRZQNIN6`ORDINANCE �z , AUGTtSFffpZ010 Tc aflparsonsinterestedMor.atfa�tedbjrtlieagftaonsof0ie'Zorn:: ing BoardofAppeals yov a{eher bYnoW4,puisuaijf fo Seddon f1 o(Cha�ter 4QA of the Gefietal Laws of the CommonweaHh,af Massachusetts,and 611arniin merits thipho o that--a ubkc heamig on the fdloWing,appeals viiII tie'held'on August 11`2010 aE'.tha time indicaiedr 7:b0 P.M.`Appeal No.2010-0N4 •`Sullivan 'John D:&Kathleen R.Su9ivan'have appflW for 1Fanance to Section 240-91'.H.(1)(b Ill Developed LotProtecbofi riii the aftema- five,a Variance to Section 240 II.E`Bu(AR o(aGons lCfimmurn' Lot Area The,applicants are proposing to demolish'andconstnlcf a new three bedroom slggle famtty dwetfng which exceeds the 20%fat coverage permrtted-wheri demolishing bnd.rebutidtng on" an undersized residenbai loj`The propIa i s pddrgssed 5640id Ctafgvr0e Beach Road,Ce 6rAle MA andis shown ci', sensors Mao 226 as parcel 177 It is in a Residence B Zoning'Distr ct 7 10 PM Appeal No 2010-025 Ti4hey a Came Lee Touhey ffas appbed for ViWni<e td Section 240-06 Nome Occupation e a hcant i5 seeks TOWN;OF BARNSw 'E ZONING BOAR4 0._ PPEALS,: �h PP• pgthevanancetoallow, F� as a.home ocdipation the preparakpnof 5akedgoods andsale of NOTICEOF_RU4LIC FLEA JNGS;gNDER the baked goods,via intemet orders kbni fh@ residential p emisas; THEZONING ORDINANCE -.q The property is addressed as 38 Hamngion:Way Hyannis,MA and. Al1GUST 11 2Qf 0 ° is sf{gwn onAssassors Map 288 as parce1051 [t is Eq a Resrde�t 7a a0 persons interested in affected by(he acgons of the Zon BZontn Dtsir(c(a �� �' *xa trig$oar¢gfAppeals you arghgreby�otified pup uant to Section 30 M Cofriprehensiveefirii4No (19Q fVfodfEiea{(otf 1.1 of Chapter�4llA of lh�Geneml Layrsof thet�ommanweal o{ � D1liousmgDe el0pm l C ,s E Messachusetfs anda0amendmentsereto that a public hearin °tlDlffousing Developmerd I LGandAkgtaPerfhers[nGwhaye, bh iho foJbwing appeais'vnli be held on¢ugust lf;2010 at the requesfedamodificabonofCorripreherurvePermitNo'20Q3090as.. fimelndicated,a�_,,. `:j.,3 „ `._.,r � �+• a , previou_lktogifiedjdtthedeyelopifi ofThe.YI0 Green. Ilia 700f?M 'Appeal No Z010-014 Sullivan modificaf)cn request seeks�o make changes to th@ a toyed}ens Jahn D&Kathleen R &ullrva have apphed,fora Variance to for thedevelo ninl P $ecUon'19a91H{1)(b[1j0evelopedCo(��oteckononnthealtema:R ttd rig changes trt:tha unit types,ariet hve4a Variance(o Secbon240 1 E ©"k mCraaseinhuifdmgfootpnnt andgrossbuildingarea intenorfayouf a ql. Regufa(ions Mtn�mum and exterior ctiangesan the propdsed�bvctures mtegratloq of the LotArea The applicants are proposing to demolfsti and construct ' comrtty0dy Club house intp one of the a`parbrient buildings''adlu;h;. a few three hedroom tngi fath y dwelhngsyvhic�i$exceeds ilia rgents fo the sde plan to agcormnodateifde bu7ding changes,and: 2t)'�g tot c�ovetags petit tted Wq doinolishrng arld rebidding on to tnod the distfibutio6 6fago.iaa la�tlsTand Workforce housing", an;undersized tesidental low Ttie prdperiy w addressed 564 O!d AfmfLss amongst the buildings arfdalo� bw:ta up�ion Co change ' Ciatgwlfe Beach Rpad�Genfemlle MAand is shown on¢sse�sQr ')he su<is�dyprogratiilto`r�Qude the slat@ ar}d ferJerafpggw rcorneT' Map 226 as parcel�7 it m a Residence B Zoning disWct }1Qus�n¢(ax CredrProgr�arii�he suble�f Rrbpe;!s addressed Q r 7_10 Pt1f Appeal No;2010 OZb Toufiey Irrdopend46, D e Bamsfa��le MA a d is S. ssesso famed ee Toufiey has appfted fora Variance to Sechon 240 fib B P °aP 80P Ls Home O&5iiii on The appficantts seek n the variance to al(nw' Map 3S2 as parceL�010-003 The Property IS zoned IND Jnduslnal C 9 and GP groundwater ProfdG oa Overlay Zoiu ig D�slncts i as home act upabort titeprepgmkorgf baled goodsgnd saie_of {These public Hedrings witfbe held at ilia$amsta�le Town Hali the leaked go ids vd fame!order-from a rPsl t rtba premises 3B7Maln5treel Hyannis MA;HeadngRoom 2ndFloorWednesday.. T�9P P�ArfSJs ddress�gda arri g�tonWary„Hyannis MAand: August[1r;2010,:Plans and app�cahons maybe revrewed a},the• >s sho>7in ori*'sessgrs p tap 288 as parcefDSf`Itrs m a Residence; ' Zoning Bd'ard ofAppeals Office Growth Manageinerd Dep'anmenf B Zomngbistr(d Town 0 ces 200 Ma1n Stueet, 7 30 P.lit C y e �] Hyanms MA s ogiprehensrve PermitNp V200 00 Modrficabon q , Laura F Shufalk Chauw r �JDJ Housing DevelapmeniLLC ¢y f ZoningBoardotAppaals rJDJHofaipJDeVelo ment�LLCandpakotaPartners Inc have': Th6BamstabloPpHo[, ,. requesledamodficatlo0`ofC4i9prehartsivepermrtNo 10g3090as' JUly23and 1ufy30;ZQ10' , r Rrewou_y�noafiedfofthedevelopmentofTheVdJagoGreen The ;. ' i mods t�ption request seeks fo rialca changes io ilia a Moved plaits for fist de..... jnentmcludmg.changes m the unniittypeond area mcreasem�uldrgyfooJp tsnagrossbu(idingarea m enorla o ; nn e layout }, ar d,ezfenor changes in the proposeda pictures mtegra0on of Ike; comriupify ckb:Tiduse viFo one;aftfie apar�tmcn}lwfldrngstadlust�;. ment$to�t ie§Re plap�O accommodate the tiu ldtncf ctiariges and,' . to modifythe distnti't70on of affordable units and workforceimusing timts airionysttho tiuddings and also hs allow the optwn to chartige. tfresuiuldy proramo mcludcahe s43fe and federa)Low Income, HousaigTax CreditProgram,The sutryed'ptoperty rs address d 0 Independence Dnye$amslable;tvlA and rsshowForiAssessor s Map 332 as parceFO�O 009 The proper�y�is toned lNO Indhstnal. and GP; Groundwater protecL06 0ve�tay Zoning DislncLs' These Public Neanngs Will be held at the Barnstable Town lia0 367MainStreakHyan`nrs FAA FleanngRoom x""Fboryyednesday Auy"'B ZO10 ;Plans and eppup0ons may be fewewe l at Ilia. Zonng 9oaM ofAppeals Mjce'Gr&6 Management 0epaitrnenY Town Offices,r200;Hain Street;Hyannis MA�S*'''' ,. t Zxk= y os Laura F'Shufelt Chair ti: n 1. G� `ZoningBoard of¢ppeals . -, ,' The BaniMablePebtof r . July23a"ndJu`1y30,2010 �. � ,1� r .L, V%kl lih to: l AJNtI:I RAI IU USED WI(H CONTINUOUS WOOD STRUCTURAL PANEL SHEATHING - ---- OUTSIDE ELEVATION SIDE ELEVATION -----------------— -- Extent of header (two braced wall segments) ------- -------- - Extent of header (one braced wall segment) Pony �' ' ' �' >ft $ ' '�;• Min. 1,000 Ib w. Braced wall se ment k 5 tension. strap.' wall r per IRC Table R602.10.4 — k. P .. x height' ` ; s� t "`Strap shall'be centered of . bottom_of ;:. • j, t �_� "v'F'� '1�fit 1. "i,, `n6+;wctA �. .�. �r i�ia • • - header. •i- • • q w. .ka .,.��.1`�..� `c: S$, � - ''4 a.'^ra �{': 'a}' �'.c: ��*�`?�:1�. 1 Y,I ,,{.�• • 1• . ,3 ff i i S•--- 2 to 18 finished o enin width t, .r x ,«• �. ( P 9 ) 1 6dr sinker Fasten sheathin to header with 8d common � '� r f ° `' `' nails;(0 l 4$" nails (0.131 x 2-1/2 ) in 3 grid pattern as shown � � �� �. n 41 t��l�tti .I !t r 2 rows al �,• ^ and 3 o.c. in all framing (studs and sills) typ. ,,t o,, •; @ 31' a.c. III Header shall''be fastened to the king stud ` Wood strut- with 6-16d sinker nails (0.148" x 3-1/4 ) / `La1ytl i•�ii� �� --- Minimum 1,000 lb strap shall be - turalponel. 10' �;1, �'�; centered at bottom of header and installed �k , t,,4 must be max. -�'�' on backside,as shown on side elevation'' ;r" ; ' �� -continuous Epi ,� •;�r from top of height •� For a panel splice (if needed), v�,f; Wall to bottom 'r ,•l panel.ed'ges shall be blocked and ;. �x T of wall, or j u h �, �JJ k k f b °; f Y �`•;` occur within middle 24 of wall height x ;::',7 ;;+ from* .top of,. g !�e1 .. �•l k --i�t• ... - ' F v' 1�1157\iP `�nk.:i•,• @ � Wall.'to - Wood structural panel strength axis ���� t.� ,•,•I permitted r:' `J.� °I : �'� l •1•�xN� i1• ,� . splice area Min..number of studs shown , Min. length based on 6:1 as ect ratio. xk +'ax I`I I 7/16" min. �a >I�•; 9 I " min. for 8' height. I•,.. thickness For example:1'6 o g t ood ` v _ �y structural panel Anchor bolt per IRC Table R403.1 .6 typ. - - sheathing Min. 2"x2"x3/16" plate washer 'No. of jack studs per )te: IRC Table R502.5(1&2) See Table 1 Not to scale OVER CONCRETE OR MASONRY BLOCK FOUNDATION Form No. J740 ■ C 2008 APA - The.Engineered Wood Association ■.www.c SUt,�Iv ,i �. _s � MICHELE CUDILO, P.E. Consulting Structural Engineer 123 Cottonwood Lane. Centerville, Mossochusetts 02632 5 o�fly V, Drown By: MC Date: 2 /0 brawing) Scale* AS NOTED Rev. 0 P'1glLLe, HA ale Norrielqj�Atjo Project No.: fti S K- a 2«nDrDl,rNa°.IDx --- — aN D"------- Dew=�'T�I --LL .. )I � AD9 I I0000 dODIrrI15LR3. ��D� .� FII ace I soo cnunT rRLcwsr 9UTe TANK 5EPTIC 5Y5TEM PROFILE HIS z rROf�1DX 3ONL I TBM-R 17.0' IN FOIL L9[T DE5IGN DATA OfO DESIGN (9,BEORODM9•110 GPO- S.Gro = / �� s00 GN10NR LA4r Pf16L6iNIRD GAT __.....__.__ _. _ _ __ o19TRIBUToN BOX: SMOKE DETECTORS REVIEWED SJSOOIL D&RIFTIO""raDX 901E M30RtrI0x 9Y9TLN: 1 U9[:(9)ROWS Or 1-AD9 I I OOBD dODIPN(NO mmxu`411111��71—'T UIZpI [D O.]5'W LONiOURLp W[pGG9(NO STONU BOTTOM M[A:OFS.-FFU MPROVAL POR 1.]O 9P/If. DATE or BIooIPru9[R ~ BIODIRU9[R9: 15 UNITS.G.25 U.4.70 9rAf 4I0.6 9.r. OENTOVR!°x20G[:(3) 0,75.4.709IN 1'.9.P. 4312 9.r. IXI9TING 131 B[OROON 061GN ROW PROVIDED:491.2 SP O.]4 GrD9r-993.9 GM owewNG no BE RAmD) FIRE DEPARTMENT DATE .. BOTH SIGNATURES ARE REQUIRED FOR PERMITTING / rRDroseD(m aeDRODM GENERAL NOTE5 >',�✓. OWULNG-T 124 O.r.®ll .O ^ • // I I 2dn 9.r 7x CO S-1]U . ' R[MOV[AxY IMrwVI0U5 MATERIAL FOR A a Rn0N9 AROUND SA9 ANO REPU<C vnTn eluN M[D UM 9AxD LOT AREA: z.s[rnc BYsrzM Is ro ae x9TAIILD x AccoRDANce wlTn 31 D CMR I9.00.TOIL V I0950-3 5.F. s.un"TImABov oR UNoewRou o woR ro urrnacnvnTroN DR 0019TRULTON. ' / r w •� I A.«..;y THIS QIIL �T DE �[M O NOT D GNro FOR THE U9[OF A GARETHIS PLAN U NOT TO BE U9eo MR rROPERTY LINE DM—NATION. ,� ,,N' G.CONTRAOTOR 9FALL I—ND!M FOUR NMa TO M.G.o � �r .s' I wewrrR roR ANr RewlRm 1Nsrernox9. ' IXPRN910N•� \j G /Tlllwlcv " • I DEEP OBSERVATION HOLE LOGS • I DATE; 04 2010 1(G9L:IG1„ 51TE -- SEWAGE PLAN I i - WONC99:0.9TANTON,MCALIn AGENT FOR 4 reRe Rnrz:<z MIN.I wen 5G4 OLD CRAIGVILLE PD..WE5T HYANNI5PORT,MA I ra`P D PREPARGD FOR / sr aN9W JOHN*KATHLEEN 5ULLIVAN SCALE: J / ,o: umNDWADANDB"�R�� 4 I 1'— 10' Dnre: 04-20-20I O_ DRAww Br. TMW JOB NummR: REVISION: $FEET NUMBPA: 1E wRr mn° I''O4Mwaew OI-035 5P-I WELLER * ASSOCIATES / I GO1"°"..reR,nuxoa Ia•m.e.DM I G45 PALMOUTH RD_SUITE 4C—P.O.BOX 417 CENTERVILLE.MA 02G32 {r vllo*,w Rsr7'he.��.3b 64e K.•tl1; "lW H•"1 ��I�N4 19 ,w,NUN c.wlmW.meNx:D.e la.cal 2 WINDY WAY,E 4 F :(508)77,07 02554 TELEPHONE t FAX:(508)775-0735 26 VZ.Q'G,; 17.7'p 4— EMAIL tn9wellerQ°comcast.net - _ �i JA.MILANocoN9TR". "m RfG157ERED LAND 5URVEYOR5 4 ENVIROMENTAL CONSULTANTS } p I KARL and ELSIE G. STRANIUS 49797 Barnstable of Old Craigville Road, Barnstable (Centerville) / County,Massachusetts beinu married., for consideration paid, and 111 full consideration of FIFTY TWO THOUSAND AND N07100 ($52 ,000 . 00) grant to JOHN D. and • KATHLEEN, •R:.,SULLIVAN, husband and wife , as tenAts by the entirety, -both of 464 Pleasant Street, Belmont, Massachusetts with quttrIabn rlurntunto thela.ndj4k with the buildings thereon situated in Barnstable (Centerville) Barnstable County, Massachusetts bounded and described as follows : [Description and encumbrances,if any] NORTHEASTERLY By Circuit Avenue seventy-five and 32/100 (75 . 32 ' ) feet; SOUTHEASTERLY By Lot 4 and -a portion of Lot 7 one hundred twenty- seven and 65/l00., (127 . 651 ) feet; SOUTHWESTERLY By Lot 2B one hundred six and 28/100 (106 . 281 ) feet; NORTHWESTERLY By Old Craigville . Road one hundred seventeen (1171 ) feet Being- shown as Lots 2A and 3 on a plan entitled "Plan of Land in Barnstable, Massachusetts prepared for Karl and Elsie G. Stranius" dat.edSeptember 6 , ` 1984 and recorded in the Barnstable County Registry of be`eds in Plan Book Z 88 at Page S3 For grantors ' title see deedrecorded in the Barnstable County Registry of :.Deeds in Book 876 , page SR9 . cT(� • N°S.M6s ;�i*."r'. 1 *'�+'us`� y +Yn-`�` x 1Ca <:n1 ,,fin '1x �'j�?� ftt rim ;3'�-rY xa ly.�' 'j-'•'ry s5'$.' �t k�r �3� Z cItZ c'+ E �J r ( g { lilzf pr k .ry v- 4 4 i r .... u x.. hand s and seal s this .......]..J.tb........ day of ..Q.G t o b e x............. .. 19....8.4. ......................................................... . ......... .. ..... ./ . ................................ ................... .........!....!!......... ..:. .. ........... ... ............... .. ...... : . . Barnstable ss. October 11 , 19 84 Then personally appeared the above named Karl Stranius and Elsie G. Stranius and acknowledged the foregoing instrument to be the i r free act and ee ,before me ... ... . ....A!............................................... . .. Notary Public-3)WkeUVi ac My commission expires �f� �2 a 19 8 (*Individual—joint Tenants— Tenants in Common.) CHAPTER 183 SEC.6 AS AMENDED BY CHAPTER 497 OF 1969 Every deed presented for record shall contain or have endorsed upon it the full naaie,residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not delivered for a specific monetary sum.The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or-remaining thereon,;. All such endorsements and recitals shall be recorded as past of the deed. Failure to comply with this section shall.nok affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section. uliuCU OCT 1184 " M ASSACHUSETTS wtuta#e Norm lit (INDIVIDUAL)s TO I 3 ................................................. ...................... .. 19. ... at....................o'dock and................ ....»oinutes.... m j� Received and entered with .........:.... .................... M1� ................................................. Deeds Boo.b. • _ Page - a 'p Attest: 5-4 _ O ` ,. f. Xv, Register ul M1 I I FROM THE OFFICE OFr, ) r, . Lam . RETURN TO* HOBBS & WARREN, INC., - PUBLISHERS STANDARD L.KiIAL FOM10 - BOSTON - MAS8, FoRm 'set f' REVIBED CHAPTER 499-:ef59 989-1980 10001 STRAP A n — • n D R I I I 1 II I II •1 1 i II it I 1 II I II 1 J I 1 . I 1 1 1�1 WINDOW OPENING li I 4'-0' MAX'. 1 .I 1' LA. 11 II I' 'p .1 1 ❑_I 1� �_. 1 1 I I I 1 I II I 1 I II I I I I II SHEARWALL HOLODOWN SEE SECTION 305.4 SHEAR/BRACING PANELS NOTE: - 1. NO JOINTS IN TOP PLATE WITHIN 8'-0* FROM CORNER 2. FULL HEIGHT SHEAR PANEL TO BE PLACED WITHIN 4'-0" OF CORNER J I • I p�� I MICHELE CUDILO, P.E. Consulting Structural . Engineer 123 Cottonwood Lane. Centerville, Massachusetts 02632 5(a OL-t> , �D Drawn By: MC Date: 2 D r aw i n gi Scale' AS NOTED Rev.HA ' File Name: �1 /L Project No.: D S K— �k �►Jz� �i� � N • Lu OP xx `& O Q w LOT AREA: 10950.9 S.F. O- 'j-r w ;ate O\ yn cl<d7 BUILDING LOCATION PLAN FOR 5G4 OLD CRAIGVILLE RD., WE5T HYANNISPORT, MA PREPARED FOR JOHN * KATHLEEN 5ULLIVAN SCALE: DATE: DRAWN BY: oy I II = 30' 1 1 - 1 7-201 0 TMW �S EVE W. T JOB NUMBER: FEV1510N: 5HEET NUMBER: o R.UM A 01 -035 CPP- I No.3 791 WELLER * A550CIATE5 A lqN� SURD I G45 FALMOUTH RD., SUITE 4C - P.O. BOX 4 17 CENTERVILLE, MA 02G32 2 WINDY WAY, #232 NANTUCKET, MA 02554 TELEPHONE * FAX: (508) 775-0735 EMAIL: tri5weller@comca5t.net REGISTERED LAND SURVEYORS ENVIROMENTAL CONSULTANTS Traverse PC P��F THE Tp��O� Town of Barnstable ' Regulatory Services BARNSTABLE. - 7 MASS. g 039. MP �0 Building Division ` p�FO '�s• 200 Main Street, Hyannis,MA 02601 Office: 508-862=4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection � �J►'l Location 5G 7 Dial ClQ Permit Number 6 a V V Owner '`�. �u���✓4n Builder X4 /l a h 0 One notice to remain on job site, one notice on file in Building Department. The following items need correcting: Div ST,r¢L C a c 1.�i2 Ti�5 �yu�/rf_ $$�.y NA bow ¢,..• 0K -ro DNS i Please call: 508-862-40=3�8-for re-inspection. Inspected by Date -� 9Z- 1 DUCT LEAKAGE TEST Date of Test: 2/28/11 Technician: Ron , Test File: Sullivan Residence Customer: Sullivan Building Address: Old Craigville Rd. , Phone: Fax: Test Results - - 1. Measured Duct Leakage: 80.0 CFM 115.1 sq. in. (+/_0.0%) 2. Duct Leakage as a Percent of System Airflow: 6� , 3. Duct Leakage as a Percent of Building Floor Area: 3.5% ' 4. Leakage Split: Supply Side: 40.0 CFM 17.6 sq. in. Return Side: 40.0 CFM 17.6 sq. in: 5. Duct Leakage Curve: Flow Coefficient(C): 11.6 Exponent(n): 0.600'(Assumed) _ 6 Test Settings: Test Mode:. .Pressurization" Test Pressure: 25.0 Pa Equipment: Series B Minneapolis Duct Blaster, SIN 123 Test Type: Total Leakage (Duct Blaster Only) Estimated Efficiency Loss from Duct Leakage: 1. Annual System Efficiency Loss: 5.0 Building and System Parameters: Floor Area: 2291 sq.ft. Average Supply Operating Pressure: 25.0 Pa System Airflow: 1200 CFM Average Return Operating Pressure: 25.0 Pa Supply Leakage Split: 50% Supply Leakage Penalty: 1.0 Return Leakage Split: 50% Return Leakage Penalty` 0.5 Percentage of Measured.Leakage Connected t Outside: 100% (80.0 CFM) tAAe A L�G` zG09 n r /e,,;i 4 14 l u s 1L4 1�Yc1 (� G N rr t 1-2-r rp 5r ,( ' = 13 7 • Y(o n4-i k 1 DUCT LEAKAGE TEST Page 2 Date of Test: 2/28/11 Test File: Sullivan Residence Data Points -Data Entered Manually: Duct Fan Fan Flow Fan Pressure (Pa) Pressure(Pa) (CFM) % Error Configuration 0.0 n/a 25.0 26.3 80 0.0 Ring 2 Comments k y p Town Of Barnstable - Zoning Board of Appeals Decision and Notice Appeal No. 2010-024- Part 1 -Sullivan Variance-Section 240-91.14 (1)(b[11 Developed Lot Protection Seeks to allow to demolish and reconstruct a single-family dwelling that exceeds the 20% lot coverage permitted as-of-right. Summary: Granted with Conditions Applicant: John D. & Kathleen R.Sullivan Property Address: 564 Old Craigville Road,Centerville,MA Assessor's Map/Parcel: Map 226, parcel 177 Zoning: 'Residence B Zoning District Recording Information: Deed: Book 4282, page 012 Plan: Plan Book 388 Page 53 Lots A2 & 3 Relief Requested and Background: In Part 1 of"Appeal No.2010-024, the applicant sought a variance to permit the demolition and rebuilding of a single-family dwelling on an undersized nonconforming lot that exceeds the 20% maximum lot coverage by structure. The dwelling, as proposed, has lot coverage of 25.6% and requires a variance of 5.6% over that allowed. a The subject property is a 10,950 sq.ft. lot located at the intersection of Old Craigville Road and Circuit Avenue in West Hyannisport. Development of the lot.dates to 1957 and today consists of a one-story, two-bedroom,single- family dwelling of 1,038 sq.ft. gross area. The applicant las owned theproperty since 1984. There is a 10-foot wide Exclusive Use Easement dedicated to the lot located on an abutting lot situated to the southwest. However, the zoning ordinance does not provide for compliance by wayof easements over another, owner's lot. A memorandum in support of the variance from Attorney John W. Kenney was submitted to the files as wellas, proposed elevation.plans for the dwelling. Procedural & Hearing Summary: This appeal was filed at the Town Clerk's Office-.and at the office of the Zoning Board of Appeals on June 24, 2010. A public hearing before the Zoning Board of Appeals was.duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened August 11, 2010, and continued to August 25 '2010, at which time the Board found to grant the variance subject to conditions. Board Members deciding this appeal were,James F. McGillen,Craig G.Larson; George T:Zevitas, and Board Chair, Laura F. Shufelt.', Attorney John Kenney represented,the applicants who were also present.as well as ther abutting neighbor Ms Sandra Doorey and Mr.Jim Milano, the builder for the proposed home. The Board Chair.noted.,that there are ;'.. only four members present and a unanimous vote is needed to grant any relief. 'Attorney Kenney indicated they would proceed with.the four member board. Attorney Kenney gave.a very brief history of the lot noting that the applicants purchased the lot in 1984, and now wish to demolish and rebuild anew dwelling on the undersized lot. However, as Mr. Sullivan..is disabled,they Town of Barnstable,Zoning Board of Appeals—Decision and Notice , Variance No.2010-024—Sullivan—Variance to Lot Coverage are in need of a home that is all on one level. As to building the home as needed and desired, the footprint resulted in a lot coverage of 25.6%. That lot coverage exceeded the ordinance's 20% maximum allowed and they are now before the Board seeking the variance. He explained that the unique topographical feature is the age and layout of the existing structure (the cottage) on the lot. As developed, the existing structure cannot readily be renovated nor added onto, physically and economically to meet Mr.Sullivan's needs. If the Board denies the request, the literal enforcement would be a substantial hardship in terms of cost and yet with that added cost the-resulting improved and expanded structure �. would be an inferior structure for Mr. Sullivan. Attorney Kenney stated that the applicant has no issue with the proposed conditions. The Board cited that the variance is largely based on fact that the applicant needs a one level dwelling and on that basis'the.Board would consider restricting the dwelling to a single level only.. Attorney Kenney indicated that there is no issue with the condition also. Public comment was requested and no one spoke in favor or in opposition to the request: 'Findings of Fact: s At the hearing of August 25, 2010,the Board unanimously made the following findings of fact: 1. In Part 1 of Appeal Na. 2010-024,John D. & Kathleen R. Sullivan'are'seekingf a Variance to Section 240-91.H (1)(b [1] Developed Lot Protection. The.applicants are proposing to demolish and construct a new, three bedroom single-family dwelling which exceeds the 20% lot coverage permitted as-of-right-when demolishing and rebuilding for an undersized residential rlot. The property is addressed 564 Old Craigville Beach Road_ , Centerville,MA and is shown on Assessor's Map 226 as parcel 177. It is in a Residence B zoning district 2. The subject property is a 10,950 sq.ft. lot located at the intersection:of Old.Craigville Road and Circuit.. - Avenue in West Hyannisport. Development of the lot dates to 1957 and today consists of a one-story, two bedroom, single-family dwelling of 1,038 sq.ft. gross area. The applicant has owned the property since 1984. 3. With respect to Chapter 40A, Section 10 findings,owing to circumstances related to the topography of the existing structure and the applicant needs for a single level dwelling affect the ability to reuse the existing dwelling. The condition is unique in that it affects this structure and this lot and generally not others in the neighborhood or the zoning district. 4. a literal enforcement of the provisions of the zoning ordinance would involve substantial financial hardship, and if applied would further not result in a dwelling that would fulfill`the structural needs of the applicant. Decision:. Based on the findings of fact,a motion was duly made-and`seconded to grant a.variance to Sereed -91.H (b)` [1Ito allow for the reconstruction of a single-family dwelling with a structural footprint not to5.6% of the undersized nonconforming lot of 10,950.9 sq.ft. subject to all of the following conditions. 1. The location and area of the building shall be substahtially_in' conformity to the land surveyory.plans.ubmitted entitled Site Plan_of Land for 564 Old Craigville Rd., West Hyannisport, M A p p th red-for -&_Kaleen t'SulliVa—V dated 05-19-2010 as drawn by Weller&Associates e tled"SP-2".. +2: The dwelling to be built shall also conform to the house elevation plans submitted that have been initialed and dated by the Chair-and entered into the file. 2 Town of Barnstable,Zoning Board of Appeals—Decision and Notice Variance No. 2010-024—Sullivan—Variance to Lot Coverage 3. The dwelling shall not exceed three bedrooms as defined by the Board of Health and connected to public water. 4. Construction shall comply with all applicable Building Division rules and regulations. 5. During all stages in the demolition and reconstruction of the dwelling, all vehicles, equipment and materials associated with the demolition/reconstruction shall be required to be located on-site with the exception that another neighboring property may be used onlyif permission is granted by the property owner. 6. At no time will any parking, storage of construction materials or items be permitted in the right-of-way of Old Craigville Road'except as may be needed for roadway improvements, landscaping purposes or for utilities and then only on a temporary basis. 7. All mechanical equipment associated with the dwelling (air conditioners, electric generators, etc.) shall be located so as to conform to the required-setbacks for the district and screened from neighboring homes and the public right-of-way. 8. There shall be no increase in the gross area of the dwelling beyond that permitted herein without prior approval from the Zoning Board. 9. This decision must be recorded at the Barnstable'Registry of Deeds and a copy of that recorded document must be submitted to the Zoning Board of Appeals office and to the Building Division before any demolition or building permit is issued. The relief authorized must be executed within one year of the date this variance is filed with the Town Clerk's Office. The vote was as follows: AYE: James F. McGillen, Craig G. Larson, George T. Zevitas.and Laura F. Shufelt NAY: None : Ordered: Variance No. 2010-024 has been granted subject to conditions. This decision must be recorded'at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals "Office. The relief authorized by this decision must be.exercised within one year unless extended. Appeals of this decision, if any, shall be made pursuant to MGL.Chapter 40A; Section 17, within twenty(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Barnstable Town Clerk. �Cr'✓uca � 9/jr/,C' Laura F. Shufelt, Chair Date Signed I, Linda Hutchenrider, Clerk of the Town.of Barnstable, Barnstable County, Massachusetts; hereby certify that, twenty (20)days have elapsed since the Zoning Board.of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of der the pains and penalties of perjury. Linda Hutchenrider, Town Clerk ,' 3 11 MISC 45575.7 I �I III IIIII ; . _.....IIIIIIIiIIIIIlIh1I�IlIIIIW�IIIIIW'U IIII IIIIII IIII IIIIII IIII IIIIIIII � IuhlllllullWl�ullVullllllll COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. LAND COURT DEPARTMENT Docket No.II MISC zISY74'7 JOHN D. SULLIVAN AND KATHLEEN R. SULLIVAN,. PLAINTIFF v COMPLAINT LAURA F. SHUFELT, WILLIAM H. NEWTON, CRAIG G. LARSON, ALEX M. RODOLAKIS, AND GEORGE T. ZEVITAS, AS THEY ARE MEMBERS OF THE ZONING BOARD OF APPEAL OF THE TOWN OF BARNSTABLE and THE TOWN OF BARNSTABLE DEFENDANT INTRODUCTION Plaintiffs, John D. Sullivan and Kathleen R. Sullivan pursuant to M.G.L. c. 40 17 _ P § appeal from the decision of the Town of Barnstable Zoning.Board of Appeal ("ZBA") which denied the Plaintiffs' request for approval of a variance to modify a reconstructed single family dwelling to allow for an increase in lot coverage in accordance with Section 240-91H(1)(b)[1] of the Barnstable Zoning By-law, respecting the property known and numbered 564 Old Craigville Road, West Hyannisport ("Property"). Further,the Plaintiffs seek declaratory relief respecting the zoning by-law respecting lot coverage. c i PARTIES For their complaint, the Plaintiffs' alleges as follows: 1. The Plaintiffs, John D. Sullivan and Kathleen R. Sullivan ("Sullivans") are individuals residing at 564 Old Craigville Road,West Hyannisport, Massachusetts. 2. The Defendants are members of the Town of Barnstable Zoning Board of Appeal. Their names and addresses are as follows: LAURA F. SHUFELT, Town of Barnstable, Massachusetts WILLIAM H. NEWTON, Town of Barnstable, Massachusetts CRAIG G. LARSON, Town of Barnstable, Massachusetts ALEX M. RODOLAKIS, Town of Barnstable, Massachusetts; and GEORGE T. ZEVITAS, Town of Barnstable, Massachusetts The Defendant members of the Zoning Board of Appeal are hereinafter referred to collectively as the "ZBA"). . 3, The Defendant, Town of Barnstable, is a municipal corporation with a usual place of business in Barnstable, Barnstable County, Massachusetts. FACTS 4. The Property consists of`ten thousand nine hundred and fifty (10,950) square feet (Lots A2&3 ) (Assessor's map 226 parcel 177), the owner of record is John D.-Sullivan and Kathleen R. Sullivan by deed recorded in the Barnstable Registry of Deeds at Book' . 4282,Page 012 see also Plan recorded at Book 388 and Page 53. h 5. The Property is located in the RB zoning district in accordance with the Barnstable Zoning Bylaw and Barnstable Zoning Map currently held in the Town of Barnstable's Clerk's Office. 6. The lot in a nonconforming lot in accordance with the by-law. 7. The Property is an existing reconstructed single family dwelling consisting of two thousand eight hundred and seven (2,807) square feet allowed by variance in accordance with G.L. c, 40A § 10 granted by the ZBA. 8. Said variance was granted'by the ZBA in accordance with application 2010-24 dated September 8, 2011 and recorded in the Barnstable County Registry of Deeds at Book 24904 Page 194. 9. The variance allowed the Sullivan to raze an existing single family dwelling (referred r to by the ZBA as a cottage), which consisted of one thousand and thirty-eight (1,038) square feet the latter constructed in 1954 and owned by the Sullivans since 1984. 10. It further allowed the Sullivans to reconstruct a new single family dwelling the latter which exceeded the lot coverage regulation; wherein the new reconstructed dwelling would have a lot coverage of twenty-five and six/hundreds (25.6%) percent when the RB F zoning district currently allowed for twenty (20%) percent lot coverage. ,3 9. Upon receipt of the variance, the Sullivans secured the necessary building permits and razed the existing dwelling on the Property. 10. A foundation plan was submitted and approved by the Town of Barnstable Building Division and the new single family dwelling was constructed. 11. A temporary occupancy permit was issued and the Sullivans began to occupy the Property on August 11, 2011 and a subsequent.permit was issued on September 11, 2011 the latter expiring on October 11, 2011. 12. Upon final inspection by the Town of Barnstable Building Inspector in preparation for the issuance of a final occupancy permit for the dwelling, the Building Inspector determined that a deck constructed on the southeast corner of the dwelling, the latter not shown of the plans approved by the ZBA when it granted the variance in accordance with application 2010-24 violated the by-law respecting lot coverage in the RB district and exceed the lot coverage allowed by the variance. 13.Notwithstanding the fact that the deck which consisted of one hundred and sixty (160) square feet was not a part of the foundation but rather is constructed and.supported by sono tubes, the Barnstable Building Inspector informed the'Sullivans that he determined that the deck is part'of the lot coverage calculation and an additional variance would be needed to cure the lot coverage violation. 4 14. On July 8, 2011, Plaintiffs filed a variance application no. 2011-041, with the ZBA seeking relief from Section 240-91H(1)(b)[1] of.the Barnstable Zoning By-law to allow for an increase in principle lot coverage in order to allow the constructed deck to remain. 15. Section 240-91 H entitle "Developed lot protection; demolition and rebuilding on nonconforming lots which have been improved by the construction of a single- or two- family residence which conformed to all provisions of the zoning ordinance or bylaw at the time of construction shall be entitle to completely demolish the old residence and construct thereon a new residence in accordance with the following. (1)As of right. The proposed demolition and rebuilding shall be permitted as-of-right on a pre-existing legal nonconforming lot that contains a minimum of 10,000 square feet of contiguous upland,provided that the Building Commissioner determines that all of the following criteria.are met: (a) The proposed new structure conforms to all current use and setback requirements of the zoning district it is located in; (b) The construction conforms to the following requirements of lot coverage,floor area ratio and building height; [1]Lot coverage by all buildings and all structures.shall not exceed 20% or the existing lot coverage which ever is greater;...... .; ... ... 16. Subsequent to which duly advertised public hearings was held on October 12, 2011 by the ZBA respecting the Sullivans' variance application. 17. After the public hearing on October.l2, 2011, the ZBA voted to deny the Plaintiffs application for variance. 5 18. The Decision of the ZBA was filed with the Barnstable Town Clerk's Office on October 26, 2011 ( ZBA Decision attached hereto marked Exhibit A.). COUNT (M.G.L. c. 40A, 417—Variance Anneal) 19. The Plaintiffs re-alleges and incorporates as if stated herein the allegations contained in paragraph#1 through#18 of the Complaint. 20. The denial of the requested variance to modify the reconstructed single family dwelling authorized by variance under application no. 2010-24 in order to allow an increase in lot coverage to allow the one hundred and sixty (160) square foot deck constructed on the Property was an abuse of the board's discretion, exceeded the board's authority and was based upon legally untenable, unreasonable, whimsical, and arbitrary and capricious grounds, for reasons including but not limited to those stated in its decision. 21. The ZBA's denial is,based on erroneous and unlawful findings. 22. Plaintiffs are persons aggrieved by the decision of the ZBA denying the application for a variance.to modify said reconstructed single family dwelling allowed by variance as set forth herein. 6 COS (Declaratory Judgment—M.G.L. c 231 & 1) 23, The Plaintiffs re-alleges and incorporates as if stated herein the allegations contained in paragraph#1 through#22 of the Complaint. - 25, The deck which consists of one hundred and sixty (160) square feet is not a part of the foundation and is constructed and supported by sono tubes, wherein it is not a building or a structure it should not be part of the lot coverage calculation under the by- law and as such no variance should be required.. 26, The Plaintiffs are parties of interest respecting the Property and allege that the actions of the Defendants have established a controversy between the parties. WHEREFORE, the Plaintiffs request that the Court grant the following relief: 1, As to Count I, determine that the finding made by the ZBA was arbitrary, capricious,based upon untenable grounds and exceeded the authority of the board; and 2. Annul the ZBA decision in that it exceeds the authority of the board; and 3. Grant such relief as justice and equity may require; and 4. As to Count II, enter a binding declaration of"of right, duty, status and other legal relations "between the parties respecting the definition of lot coverage; wherein such declaration by the Court "will terminate the controversy or remove an uncertainty" and to order further relief which is just and proper. 1 The Plaintiffs, JOHN.D. SULLIVAN AND KATHL N R. SULLIVAN By thei 'orney, La c A. Simeone, Jr., Esq. BB #5 605 385 roadway, P.O. Box 321 Revere, MA 02151 (781) 286-1560 Dated: November 14, 2011 8 " EXHIBIT s L ykynelr�;t '1 1 OCT 26 I;c +10 Town of 0arnstabfe Zoning Board of Appeals Decision-and Notice Appeal No. 2011-041 —John D.and Kathleen Sullivan Modification of Variance 2010-024 to exceed the lot coverage previously granted Summary: Denied Applicant: John D. and Kathleen Sullivan Property Address: 564 Old Craigville Road,Centerville Ansessor's Map/Parcel: Map 226 Parcel 177 Zoning: RB Zoning district Hearing Date: October 12, 2011 Relief Requested and Background In Appeal No.2011-041, John and Kathleen Sullivan requested a modification of Variance 2010- 024, which granted relief from the 20% lot coverage required when demolishing and reconstructing a residential dwelling on an undersized.lot. The request was to increase the permitted lot coverage from.25.W/o to 27.1%to account for an existing deck that was constructed on the southeast comer of the dwelling. The subject property is a 10,950.9 sq_ft lot located at the comer of Old Craigville Road and Circuit Avenue in Centerville. On August 25, 2010, the Board granted Variance 2010-024 to the Sullivan's, allowing them to exceed the.lot coverage required by Section 240-91.H.1(b)[11. The Applicants sought to demolish a 1,038.square foot cottage built in 1954 and rebuild a modern 2,807 square foot dwelling. Upon obtaining the Variance, the Applicants secured the necessary building permits and demolished the existing dwelling. A foundation plan was submitted and approved by the Building Division and construction of.the new house followed. Upon final inspection, it was noted that a deck was constructed on the southeastern comer of the house. This deck was not shown on the plans approved by the Zoning Board. The Applicants were informed that decks are included in lot coverage calculations. The application indicates that the existing deck is 160 square feet in area. Procedural A Meanng Summary Appeal No. 2011-041 fora variance to Section 240-91.H(1)(b)[1j was filed at the Town Clerks Office and at the Office of the Zoning Board of Appeals on July 8, 2011. A public hearing before the Zoning.Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened October 12, 2011 at which time the Board found to deny the variance. Board.Members deciding this.appeal were Board Chair Laura F. Shufelt, William.H. Newton,.Craig G. Larson, Alex M. Rodolakis, and George T. Zevitas. Attorney John Kenney represented the applicant before the Board.. Attorney Kenney summarized the relief granted with Variance No. 2011-041 and explained the circumstances which led to the variance request. He noted that a deck was shown on the plans approved by the Board with Variance.Nm 2011-041, but the existing deck was built Ina revised location. He also noted that the existing.front porch was built in conformance with the approved plans and that neither the deck nor-the front porch was calculated in the lot coverage figure approved.by the Board. 7n Mnti� - ---- - ---- -- - Town of Barnstable;Zoning Board of Appeals—Decision and Notice i Appeal No.2.011-041 —Lot Coverage Variance Modification—Sullivan Public comment was requested. Attorney Steven:Pizzuti, representing abutting property owner Tom Munsell.and his wife, addressed the Board. He stated.that his clients were frustrated, as they feel they have:been deceived. Tom Munsell spoke in opposition to the request. He opposed the location of the:deckand the other changes made to the approved dwelling. He stated that the Sullivan's..breachad a.private agreement that was made.prior to the construction of the dwelling, which included:a_commitment that the house would not be built closer.than 13 feet to his property line. He stated;he suffered a financial loss because of Sullivan's house encroached on the privacy of his lot. Dan Griffin spoke in favor of the variance request., He stated the house was consistent with the character of the area. Kathy Richardson spoke in opposition to the request_ Board Chair Laura Shufelt.rsad wletter submitted by Donna Quirk in opposition to the request and the names of eight surrounding property owners who approved of the new home built by the Sullivan's. The board discussed the original plan showing the location,of the deck and the front porch. The Board.agreed that the front porch, although not calculated in the overall lot coverage, was built in Conformance with the plan submitted. The Board also concurred that a.deck, constructed in the location shown on the plan submitted with 2010-024, was approved with that application. The Board agreed that.the deck, constructed in its existing location,was inconsistent with the Board's prior decision. Findings of Fact At. he October 12, 2011 hearing, the Board made the following findings of fact: 1. In Appeal No.2011-041, John and Kathleen Sullivan.have requested a modification of Variance 2b10-024, which granted relief from the 20% lot coverage required when demolishing and reconstructing a residential dwelling on an undersized lot. 2. The.request is to increase the permitted lot coverage from 25.6% to 27.1% to account for an existing•deck that was constructed on the southeast-comer of the dwelling. 3. The subject property is a 10,950.9 sq.ft Lot located at the comer of Old Craigville Road and Circuit Avenue.in Centerville. 4. Owing to circumstances related to soil conditions, shape, or topography of such land or structures end especially affecting such land or structures but not affecting generally the zoning district in which it is located. 5. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and 6. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. The voteto accept the findings was: AYE. None NAY: Laura F. Shufelt, William H. Newton, Craig G. Larson, Alex M. Rodolakis, and George T. Zevitas 2 ca 73nw-J . .--- • •--- -- -- Town of Bamnable,Zoning Board of Appeals-Decision and Notice Appeal No.2611.041 -Lot Coverage Variance Modification-Sullivan Decision: Based.on the vote that findings as required by.M.G.L. Chapter 40A do not exist to justify grant of a variance,.a motion was duly made and seconded to deny Appeal No. 2011-041. The.vote was as follows: AYE: Laura F. Shufelt, William H. Newton, Craig G. Larson, Alex M. Rodolakis, and George T. 7evitas NAY: None Ordered: Appeal.No.2011-041 to modify Variance No. 2010-024 for further relief from Section 240-. :91.H(I)(b)[1]was denied. Appeals of this decision,.if any, shall be made pursuant to MGL Chapter 40A, Section :17, within twenty(20) days after the date of the filing.of this decision, acopy of which must.be filed in the office of the Barnstable,Town Clerk. A�t.aU 16!a�,fir Laura.-F. Shufeltr Ch r Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts,,hereby certify,that twenty(20) days have elapsed,since the Zoning Board of Appeals fled this decision and thaf no.appeal of the decision has been filed in the office:of the Town Clerk. Signed and sealed this day of under the pains and penalties of pe+7ury: Linda.Hutchenrider, Town Clerk 3 ; irfa." 7C1HJ 564 Old Craigville Road,P.O. Box 54 West Hyannisport,MA 02672 Mr. Thomas Perry Building Commissioner Town of Barnstable -- w Regulatory Services , Buming Division N - a Town Office Building , 200 Main Street Hyannis,MA 02601 September 21,24-11 Mr.Perry; We were scheduled for the ZBA meeting on September 28,2011. However,we were notified yesterday that we have been rescheduled for October 12, 2011 due to not enough members-available for a quor n. OuF temporary C.O.expires-Qri October 10=, 2041. Ms. Jenkins advised us to ask for a temporary extension to cover the delay in appearing before the ZBA. Thank you for your assistance in this matter. Sincerely, C John&Kathleen R. Sullivan r7 0 ,3 Town of Barnstable �FTHE Tp�, Regulatory Services tia Richard V. Scali,Director BARNSTABLE Building Division BARNS-TABLE na?urasLe•arrtcavn!e.:cmm eiranNis MASS. A 9( NaF.5iCN5 MI!LS•OS?CP.UIiLE•f45i Rt?NSTaOLE b 1639. ♦� Thomas Perry, CBO t639-20iA �fD1iA°�� Building Commissioner 573 200 Main Street, Hyannis, MA 02601 www.town.barnstable.mams Office: 508-862-4038 Fax: 508-790-6230 March 13, 2015 James A. Milano 38 Winter St. Yarmouth, Ma. 02675 RE: 564 Old Craigville Rd., Centerville,Map: 226 Parcel: 177 Dear Mr. Milano This letter is in response to application number 201500514 submitted to build a ramp at the above referenced address. Unfortunately, the application can not be approved as submitted because of the following: 1) The design of the ramp relies on an existing deck constructed contrary to approved plans and which is currently involved in ongoing litigation. Please do not hesitate to contact this office with any questions. Respectfully, Jeffrey L. Lauzon Local Inspector (� Jeffrey.lauzongtown.barnstable.ma.us (508) 862-4034 CC: John Sullivan f is �1- Co ✓iCD� v� VL l' lS,ti°� r . THOMAS MUNSELL 15 Circuit Ave, Centerville 35 Stephanie Lane(mail) TOWN OF €,"ISTA$LE South Windsor, CT 06074 Home 860 644 3053 4711 C _8 Fi{I 1: 13 Mobile 860 558 2205 August 4, 2011 Town of Barnstable r 200 Main Street s Hyannis, MA 02601 RE; .Thomas Perry; Building Commissioner Re: ZBA appeal 2011-041 and Occupancy permit Sullivan 594 Old Craigville Road Dear Mr. Perry: As you may know, myself and my wife, reside at Susan DeGennaro reside at 15 Circuit Avenue, Centerville which abuts the Sullivan property at 594 Old Craigville Road. We oppose issuing the Sullivan's an Occupancy Permit because the new residence was not built in accordance with the building permit and the variance issued by the Zoning Board of Appeals. The structure deviates from the approved plans and variance as follows: 1. The north elevation includes a double door at the basement level instead of a window and deck door instead of a window. 2. The new deck was constructed without a permit and in violation of the variance in that it was constructed within the 13 foot buffer required by the variance. 3. The air conditioning condensers are not adequately screened by the road and our property as per paragraph 7 of the variance. 4. The size of the structure exceeds the square footage approved by the variance (i.e. 2803 SQ FT). You judge that yourself. We worked with plans provided to us 3 weeks ago from your office. It is important to note that my wife and I executed a legally binding agreement with the Sullivan's wherein they agreed among other things to maintain a 13 foot buffer between the new structure and our property line. This agreement was intended to induce us not to object to the issuance of the variance. The Sullivan's verbally represented that they would not deviate from the plans without our agreement. Not only have they violated the terms of the variance and constructed the deck without a permit, they have violated the terms of our agreement. We trust that you will require they uphold the terms of the variance. Thank you and we also thank Jeff Lauzon. Very truly yours, Tom Munsell 9, LI � •r 1 o t` —. 16.4 a'!3� C �v.•t+•�, _.,{.S.�.s•� III 4-t.�rn �,/ rILI. c•s• o'ffu-r zz r..viF. MEW !1 s • 3 '�� .14 -- n P.52 •,� � _ -� +{ 1._ Syr ` ~`Nia _— , r _ �. u I i -__�_. .-_ -� 'ram.-•�`�•/�i �\\� `. r ,gym MW Tyl-IROMMM IS -f I ��m•.w�€'i'olTe_�'l�i � "'7"�R�S.•s�^�9 ��.,, „era•-r ' j � —�' - ', `��ram"'� 3p�,W.�fs� (�jyp.��. .9�� ��1+�'�, ===�n�s2'"�'F' %c •r�.t'-a'a+7' w Q i -P M ,��,QE g (��ynl' X SMp ',;4�5C::�1'af'olt'.dti3�+,3baJ �uG151P645�4�iLv�G&6 � `r� vita'��•- +•-e�,,,�,��'+ � �r'+�[.5.�ay�.� _I -.t4C�i .aLYYL�a' zj13G pniyyTlE"•=+v'afAe;. P�lx�1{•$�. '. 3�"" tv.. .� 5' ` vZi'B� Y•�pwlZ 51 s F r�=�..r.?� '� `�"•��w,�� yt��f�����)��° ��".�k.�„'��"�r'�� �.. . �ps.��.,:��^��`�-+'S��"4"�' • ; �. , a�-�,c,�. .� . }ni'e'Ct..S •P"' .ts u7t'.t � lE'Asi +.�E�r Rlfll31+.F L'adiofrTid.'"�� y z. p�+c: I''uf{,°,�1L�: 1-61220,rat" NIM " �%se `�.k'. adu!b". .:3hda"�s z 1� MOM4 Ne AM PR ri„s@���� J, g�Fs s� nE�r,��z �� �M 4 n 7� f-tnS � #t^•`y• ''�'v����t.. �-2^� r � 3� '��- ��� �j,,..v-i �§t�� ��i 3'`rv��'+�r„�•� ^._� x- - +��'i�� �'k =�} € 9�`.r"°.'�;. ��•�'.c��;'��l�,t�� �; OFIHES� Town of Barnstable Regulatory Services s& E M Thomas F.Geiler,Director 1639. �� Building Division QED MA'S A Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 F August 4, 2011 John D. & Kathleen Sullivan PO BOX 54 W. Hyannisport, Ma. 02672-0054 RE: 564 Old CRaigville Rd., Centerville, Ma, Map 226 Parcel 177 Dear Mr. & Mrs. Sullivan: This letter shall serve as notice that a certificate of occupancy has not been issued for the above referenced address and the property`is not to be occupied until such time that a certificate of occupancy is issued by this office. Thank you for your anticipated cooperation in this matter. Please do not hesitate to call with any questions. . By Order, r . La zon ocal Inspector (508) 862-4034 Q:zoning5 THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I A , m / � LI DATA �rl-7i1/IrI�►II7/:II U.S.POSTAGE>>PITNEY BOWES Bk 20ti � {�6 ZIP 02601 $ 005.590. 0001361475 AUG. 04, 2011, 7011 0470 0001 4525 5112 7011 0470 0001 4525 5112 6Im = S . xOa �. a 03 3a 33 � m o m John D. & Kathleen Sullivan Eq PO BOX 54 W. H annis ort Ma. 02672-0054 Y P ao �I c . ft e SEND,ER:COMPLETE THIS SECTION ■ Complete Items 1,2,and 3.Also complete A ' n Item 4 if Restricted.Delivery is desired. x "Agent ■ Print your name and address on the reverse ❑ ddressee A so that we can return the card to you. Received by(P�inted Name) C. A livery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to D. Is delivery address different from Item 1? .❑Yes If YES,enter delivery address below. O No ��� �•� ICE L��y S�i1��' s In 4 Lo:' �V\Vk3. �w�r TYPe .�3 ed Mail P.Ppress Mail O Registered m Receipt for Merchandise C)PS 13 Insured Mail ❑C.O.D. 1 4. Restricted Delivery?(Exha Fee) p Yes 2. Article Number. (Transfer from serv?ce 7 011 :0470 ;0001 4525 5112 IaE PS Form`3811 Febr,`uary`2004 ;I Domestic R®tum Receipt 102595 02-Nt 1540 7. 05/11/2012 14:01 5087759974 PAGE 01 Town of Barnstable f NAM _ Regulatory Services a Thomas R Geller,Director Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,W 02601 - Office: 508-862.4038 Fax: 508-790.6230 May 8,201.2 . John D.&Kathleen Sullivan PO BOX 54 W. Hyannisport,Ma. 02672.0054 RE: 564 Old Craigville Rd.,Centerville,Ma,Map 226 Parcel 177 Dear Mr. &Mrs. Sullivan: • This letter shall serve as notice that the propet�ty referenced current Certificate of Deco as sou May real). am above does not have a occupancy way issued on or about August Y 11 Y pow'certificate of about September 22,2011. It is the understanding o tth�subsequently offiece that Y extended on or variance from the Zoning Board of Appeals and are currently o You were denied a decision. Y Pursuing an appeal of that Please contact this office with your intentions and arrange for the ..matterro be into compliance. Thank you for your anticipated c hesitate to call with any questions. ooperation in thistend do not By Order, � �� c L. Lauion. Local Inspector (508) 8624034 - 4 'Town of Barnstable Regulatory Services Richard V. Scali,Director , „sz„BI E ; Building Division OP LE HY1{XIV159. � axSuaE9. � Thomas Perry,CBOD1A° Building Commissioner 200 Main Street, Hyannis, MA`02601 ` www.town.barnstable.maxs - Office: 508-862-4038 _ Fax:,508-790-6230 March 13, 2015 James A. Milano 38 Winter St. t Yarmouth, Ma. 02675 RE: 564 Old Craigville Rd., Centerville, Map:.226 Parcel: 177 Dear Mr. Milano, This letter is in response to application number 201500514 submitted to build a ramp at the above referenced address. Unfortunately,the application can not be approved as submitted because of the following: 1) The design of the ramp relies on an existing deck constructed contrary to approved plans and which is currently involved in ongoing litigation. t The ramp needs to be.redesigned as to not rely on the un-permitted deck. Please do not hesitate to contact this office with any questions. Respectfully, R J A WL. Local Inspector jeffrey.lauzon@towh;barnstable.ma.us (508) 862--4034 , , CC: John Sullivan 7014 1200 0001 0358 2431 z wpm 1i 3L o= 09 cn N m fA m tea: v mm 3` cD D m xa: m ma m3 • —I m • C. Rl Cl) (n a' �; m am am m m ^\ N _ � m m m m m =' • � _� J � yy� C 5 is � � w x to z000CL e. ® tCL ..� 0 0 Cr Nc0 n • • Z mw P Ron■ Complete items 1,2,and 3.Also complete A. nature ;, �TM Item 4 If Restricted Delivery is desired. o H— R Print your name and address on the reverse X ❑Agem m so that we can return the card to you. Am Addressee a ■ Attach this card to the back of the mailpiece, �by(Printed Nam C. D to of elivery or on the front if space permits. .J<....^.e- i M -I&, ' I »._ 1. Article Addressed to: D. Is delivery address different from item 1 T ❑ s If YES,enter delivery address below: ❑No 3 Y 3. Service Type yam. 0 Z s 1!�Gertifled Map® ❑priority Mail Express'" ❑Registered *ietum Recelpi for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number --- (Transfer from sen4ce radeg . . -7 014 1200 0001 0358 2431 PS Forrtt $ �,Wyly 2p13 Domestic Return Receipt - son Pon 77 wo rt all ,all "yi f w.' l 't! 474 ♦♦♦ ♦ ♦ / ♦ ♦ ♦ ♦ ♦ ♦ h ♦► ♦ ♦ t ♦ ♦ ♦ ♦ �♦♦j♦♦♦♦� �j♦j♦ilk�♦♦♦��♦i y �♦ ♦ ♦ t ♦ ♦ 1 ♦ ♦ ♦ ♦ ♦ � ,. , i fir«. •�;. , y. _ °� _. -... i • T� - - • :/7R V, IA 13 IF y 4 I '�- .-• rr; All f* . w5s- _ of Lobo-8 r'0 /1-16 PPW'Y^ 3•If'r ''t 9 •�av da ,� Y l may.` � 6rro ]EI S.o K.. f•itiF Yt 4- 3'4 - .i 0• ei.fct e�•r• � � _ offle� M . ' •. V4 J a e II v u° • 1 7 - po:'J..i:4:6.0.,,....y �uPao gNic .nY 4�lc d 1 I o,. G plQgc Q, rAY 4 r ac-- ,r x .'t Tom Munsell T(l tj Of BARMSTABLE From: Tom Munsell <tommgo@cox.net> r 28 01 10- 48 Sent: Tuesday, March 27, 2012 9:59 AM To: jeffrey.lauzon@town.barn stable.ma.us Cc: tommgo@cox.net; 'Sue DeGennaro' Subject: Munsell- Sullivan follow up 0 .._w . Hi Jeff, Sue and I are hugely frustrated that the ZBA told the Sullivan's (564 Craigville Road, Centerville) to take their deck down based on the fact the entire house/deck/porch footprint was over the approved 2804 SQ FT. The Sullivan deck is still up and they are appealing the decision. I spoke with David Houghton, the town attorney on the case. HE HAS NONE OF THE FACTS CORRECT. He believes the issue is deck location. THE ISSUE IS THE HOUSE ITSELF WAS BUILT TO 2084 SQ FT (AS WE POINTED OUT TO THE TOWN AND THE SULLIVANS SINCE DAY ONE PLAN REVIEW). THAT LEFT NO ROOM FOR A PORCH OR DECK. PERIOD. THEN THE DECK WAS RELOCATED, and that violated the approved plans and also violated a written agreement between us and the Sullivan's to keep the back wall/deck of their home more that 13 feet from our line. The Sullivan's are still living at the home with no CO. We ask the following be done so we can keep lawyers out, and progress going forward. 1. You and I speak this week. 10 minutes so we are on same page (or not) 2. Tom Perry and I speak next week; same agenda 3. Town does not issue a CO 4. Your office works with ZBA to get David Houghton up to speed with ZBA hearing records, and your initial citation for the coverage ratio. 5. You or Tom call David and get him square after he reviews material 6. 1 will follow up with David. He is a good guy, but needs the facts. 7. Town examines the CO situation; why are people living at that address? Sue and I could have stopped this entire build, as the basis for the variance was not proper. Instead we entered into a written agreement with the Sullivan's and they have not honored their end at all. We want to let the town use proper process here, but are at the end of our rope. Jeff, Sue and I have"had it"and are asking for the town's left hand to talk to the town's right hand so the deck will in fact come down. Thank You, Tom Munsell. 860 558 2205 1 1 .1 JUL 13 2018 COMMONWEALTH OF MASSACHUSETT LAND COURT TOWN ATTORNEY DEPARTMENT OF THE TRIAL COURT TOWN OF BARNSTABLE BARNSTABLE, ss. 11 MISC 455757 (JCC) JOHN D. SULLIVAN and KATHLEEN R. SULLIVAN Plaintiffs, V. DECISION LAURA F. SHUFELT, WILLIAM H.NEWTON, CRAIG G. LARSON, ALEX M. RODOLAKIS, and GEORGE T. ZEVITAS, as they are Members of the ZONING BOARD OF APPEALS OF THE TOWN OF BARNSTABLE, and the TOWN OF BARNSTABLE Defendants. INTRODUCTION On November 14, 2011, Plaintiffs John D. Sullivan and Kathleen R. Sullivan("the Plaintiffs"or"the Sullivan") appealed, under G.L. c.40A § 17, from a decision of the Town of - _ t Barnstable Zoning Board of Appeals ("the ZBA') denying the Sullivans' request for- modification of a previously granted lot coverage.variance. A one-day trial was held in Boston on October 26, 2015. Four witnesses testified: James Milano,the Sullivans' builder;"Steven Rumba, a land surveyor; David MacLean, an architect; and Thomas Munsell, an abutter. Twelve exhibits were admitted into evidence. The Parties filed post-trial memoranda on August 8, 2016. Closing arguments were heard on November 15, 2016. Now for the reasons set forth below, I find and rule that the ZBA's decision denying the requested variance modification did not exceed its authority. 1 , L c f FINDINGS OF FACT Based on'the pleadings,the parties' statement of agreed facts, the admitted exhibits, and the trial testimony, I find the following pertinent facts: The Sullivans own a single-family residential property located at 564 Old Craigville Beach Road in West Hyannisport, Barnstable, Massachusetts'. (the"Property"). The Property, which is located in the RB Residential Zoning District, has an area of 10,950.91 square feet. When the Sullivans originally purchased the Property in 1984, a one-story, 1,038 square foot single-family dwelling was located on the premises. Lot coverage by the then-existing dwelling was 10.55%. In 2010,the Sullivans sought to replace the then-existing dwelling with a new, larger one. In the process of developing plans for the new dwelling,the Sullivans discovered that the lot coverage of the dwelling as designed would exceed the maximum coverage allowed under § 240-91 H (1)(b)[1] of the Barnstable Zoning Ordinance ("the Ordinance"), which limits lot coverage by all buildings and structures to 20%, or the existing lot coverage, whichever is greater. As designed, the proposed dwelling would exceed both of those limits. Rather than redesign the dwelling to reduce coverage,the Sullivan elected to apply for a variance to permit a 25.6% lot coverage, based upon the need to have the dwelling be confined on one level to accommodate Mr. Sullivan's disability. By decision dated December 8, 2010, the Board granted the Sullivans' petition for a lot coverage variance, subject to nine conditions.' Relevant here are conditions numbered 1, 2, and 8, which provide as follows: West Hyannisport is a village of the Town of Barnstable. 2 The 2010 variance was recorded at the Barnstable Registry of Deeds in Book 24904,Page 194. 2 1 i e Condition 1 states "[t]he location and area of the building shall be substantially in conformity to the land surveyor plan submitted entitled `Site Plan of Land for 564 Old Craigville Rd., West Hyannisport' MA prepared for John&Kathleen Sullivan' dated 5-19-2010 as.drawn by Weller&Associates entitled `SP-2."' A Condition 2 states "[t]he dwelling to be built shall also conform to the house elevation - plans submitted that have been initialed and dated by the Chair and entered into the file." 0 Condition 8 states"[t]here shall be no increase in the gross area of the dwelling beyond that permitted herein without prior approval from the Zoning Board." The Site Plan and house elevation plans referenced in conditions 1.and 2 are not entirely consistent. The Site Plan referenced in condition 1 depicts only a general, block outline of the proposed 2,807 square foot dwelling and its location on the Property. The Site Plan notes that the lot coverage is 25.6%,but does not depict the details of the house design. Of special relevance to this case,the Site Plan does not show the front porch or the.semi-circular deck located at the back of the house, which are depicted on the house elevation plans referenced in condition 2.3 Also, the lot coverage calculation noted on the Site Plan does not include the areas of the front porch and the deck. The Parties do not dispute that the front porch and deck should have been included when calculating the lot coverage. According to the testimony of the Sullivans' architect,David MacLean, if the front porch and rear sun deck shown on the house elevation plans had been , included, the lot coverage of the dwelling proposed in 2010 would have been calculated at 27.1% —an additional 1.5% coverage over that indicated on the Site Plan. Relying on the 2010 variance,the Sullivans proceeded to raze their existing dwelling and build a new one. After construction was completed,the Barnstable Building Inspector conducted a fmal inspection, at which time he determined that the rear deck was not constructed in 'The house elevation plans show the sun deck located directly off the breakfast room at the rear of the dwelling,and accessed by double doors. It appears from the plans that there are, at most,two steps leading from the deck to the yard. 3 i • t 1 accordance with the 2010 variance conditions. More specifically, a 160 square foot deck had been constructed at the northeast corner of the house instead of the 90 square foot deck centered in the back of the house off the breakfast room, as had been shown on the house elevation plans. Determining that the rear deck was constructed in violation of the approved plans—because it had been built in a different location than approved, and increased the lot coverage over that which had been authorized—the Building Inspector refused to issue a permanent certificate of occupancy for the new dwelling. The Sullivans then proceeded to apply to the ZBA for a modification to the 2010 variance to increase the 25.6% lot coverage authorized under the 2010 variance in order to account for the larger deck constructed. The application includes a statement relative to Chapter 40A, Section 10 findings, asserting that owing to circumstances related to the topography of the existing structure and the applicants need for a single level dwelling affect the ability of a rear egress to exit rear of building as is required under Ma. State law. Due to the extent of the home owners handicap status an adjacent structure is necessary. . . . [D]ue to the topography and the lot, and the home owners handicap, a patio would not fulfill the needs of the applicant. The ZBA denied the requested variance modification. The Decision and Notice, dated October 26, 2011 and filed with the Barnstable Town Clerk that same day, records a vote of five members declining to accept a series of six "findings of fact" (including findings which recited verbatim the three statutory variance prerequisites set forth in G.L. c. 40A, § 10.) The affirmative votes of the five ZBA members are then recorded relative to the following "Decision": Based on the vote that findings as required by M.G. L. Chapter 40A do not exist to justify grant of a variance, a motion was duly made and seconded to deny Appeal No. 2011-041. 4 The Sullivans' appeal followed. STANDARD OF REVIEW Zoning variances are waivers of the local zoning ordinance or by-law. No one is entitled to a variance as a matter of right, and they are granted only sparingly. Lussier v. Zoning Bd. of Appeals of Peabody, 447 Mass. 531, 534'(2006); Furlong v. Zoning Bd. of Appeals of Salem, 90 Mass. App. Ct. 737, 739-40 (2016). The three statutory prerequisites for the grant of a variance by a local zoning board of appeals are set out in G. L. c. 40A, § 10, and authorize the local permitting authority the power to grant a variance upon a finding that [a] owing to circumstances relating to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, [b] a literal enforcement of the-provisions of the ordinance or by-law would involve a substantial hardship, financial or otherwise, to the petitioner. . . and [c] that desirable relief may be granted without substantial detriment to the public good. These three prerequisites are conjunctive, and a board may grant a variance only if all three conditions are met. Sheppard v. Zoning Bd. of Appeal of Boston, 81 Mass. App. Ct. 394, 398 (2012). Upon appeal,the decision of a local zoning board to deny a variance"cannot be disturbed unless it is based on a legally untenable ground, or is unreasonable, whimsical, capacious or arbitrary." Wendy's Old Fashioned Hamburgers of New York, Inc. v. Board of Appeal of Billerica, 454 Mass. 374, 381-82 (2009);Furlong, 90 Mass. App. at 739. Judicial review of a variance denial is de novo, and involves two inquiries The fast inquiry requires a legal analysis of whether the board's decision was based upon a legally untenable ground, i.e.,whether it was based upon criteria or considerations not permitted by the applicable statute or ordinance. The 5 A second inquiry requires a determination of whether any rational view of the facts the court has found supports the local board's conclusion that the applicant failed to meet one or more of the statutory criteria for a variance. Shirley Wayside Ltd. Partnership v. Bd. of Appeals of Shirley, 461 Mass. 469, 474 (2012); Sedell v. Zoning Bd. of Appeals of Carver, 74 Mass. App. Ct. 450, 453 (2009); Britton v. Zoning Bd. of Appeals of Gloucester,59 Mass. App. Ct. 68, 71 (2003). The court makes a de novo fording of the facts to determine the legal validity of the board's decision, without giving weight to the facts found by the board. Shirley Wayside, 461 Mass. at 474. A decision is unreasonable, whimsical, capricious or arbitrary if no rational view of the facts support the board's decision, or if the reasons stated for its decision are"mere pretexts for arbitrary action or veils for reasons not related to the purposes of the zoning law." Id. at 475. DISCUSSION The ZBA denied the Sullivans' requested variance modification after concluding that it could not make any of the required statutory findings under G.L. c. 40A, § 10. At trial, the Sullivans failed to show that there was no valid basis to support the ZBA's decision. In challenging the ZBA's denial of their request for modification of the 2010 variance, the Plaintiffs here had the burden to bring evidence before the court that all of the statutory prerequisites for a variance are met, and that a further modification to the variance from the Ordinance's lot coverage limitations is justified. See 39 Joy Street Condo Ass'n v. Board of Appeal of Boston, 426 Mass. 485, 488 (1998); Dion v. Board of Appeals of Waltham, 344 Mass 479, 555-56 (1962). More specifically,they were unable to demonstrate that literal enforcement of the already varied lot coverage requirements would involve substantial hardship owing to unique soil, shape or , topography factors. 6 The Board granted the 2010 variance specifically conditioned on the new dwellingbeing built in conformance with the plans submitted to the ZBA by the variance applicants, and incorporated into the variance by reference. The house elevation plans submitted to the ZBA with the Sullivans' 2010 variance application were not preliminary. Those plans showed the deck located at the rear of the dwelling where it could be accessed by double doors off of the breakfast room. The topography of the backyard is shown on the house elevation plans as relatively flat, and the surface of the deck is shown as only slightly elevated from the ground, with at most two steps leading into the backyard. The conditions of a variance are a substantive part of that variance. When a variance is conditioned on conformance with plans that are not preliminary on their face, strict compliance with the plans is required, at least insofar as the site location and the bulk of the buildings are concerned. DiGiovanni v. Board of Appeals of Rockport, 19Mass. App. Ct. 339, 346-47 (1985). A violation of the variance,including any conditions,is a violation of the local zoning ordinance. See Rosenfeld v. ZoningBd. of Appeals ofMendon, 78 Mass. App. Ct. 677, 679 (2011) ("The variance furnished relief from otherwise applicable requirements of the zoning by-law,and the conditions imposed by the variances operate as preconditions to the enjoyment of that relief."). Here, rather than either building the dwelling in conformance with the 2010 variance conditions, or seeking prior ZBA approval to make changes to the plans incorporated into the 2010 variance, the Sullivans elected to unilaterally change the location, design, and size of the deck. The increased size of the deck they built exceeded the lot coverage permitted under the 2010 variance. The Sullivans sought a modification of the 2010 variance only after the altered deck had been built and they were unable to obtain a final occupancy permit for their new dwelling- 7 - t Now, in challenging the ZBA's denial of the requested variance modification, the Sullivans contend that the ZBA should have found hardship resulting from the Property's unique topography—in particular, a steep slope at the rear of the new foundation wall where the originally proposed sun deck was to be located. The Sullivans assert that, because of the steep slope, they needed to relocate the deck to the northeast comer of the new dwelling where it could be built lower to the ground. The Sullivans contend that requiring the deck to be built as shown on the original plans would mean that Mr. Sullivan, who has physical mobility difficulties, would suffer a substantial hardship in not having.practical access to his backyard. As for the"steep slope,"which the Sullivans claim to be the unique topographical condition which necessitated the relocated deck, the evidence is to the contrary. This topographical condition was actually created after the 2010 variance was granted, when the Sullivans had a drainage swale created in connection with the new house construction. No drainage swale was shown on the plans submitted to the ZBA in 2010. Rather, according to the builder, James Milano, the swale was created to satisfy a neighbor, Mr. Munsell.4 Mr. Milano testified that"under the agreement that we had with Munsell, we weren't allowed to put any more fill there. He wanted a swale. So we weren't going to be able to build the deck with a minimum amount of steps or one step off the deck." Furthermore, the Plaintiffs' claim that they relocated and redesigned the rear deck to provide Mr. Sullivan with easy access to the back yard is belied by the plans and photographs placed into evidence. The plans and photographs plainly show that the deck the Sullivans built is significantly above ground level and has, in fact, been built with several steps leading down to the yard. a The Sullivans entered into a private written agreement with the Munsells dated September 24,2010,which stated in relevant part that the Sullivans would build a drainage swale"along the back wall of the new building on the Sullivan property to keep water flow moving northerly along the Sullivan property, rather than to the east." 8 Further, the"hardship" that the Sullivans claim they will suffer by having to build the rear deck in conformance with the 2010 variance relates to Mr. Sullivan's physical condition rather than to an inability to use the Property in accordance with the Ordinance. A zoning variance, however,must be based upon circumstances that directly affect the real estate, and not upon conditions personal to the owner. Sheppard, 81 Mass. App. Ct. at 400 &n.9 ("As a general matter, a hardship resulting from a personal condition or characteristic of the owner(rather than from conditions affecting the land itself) is not a valid basis for a variance."); see also, Aronson v. Bd. of Appeals of Stoneham, 349 Mass. 593, 595 (1965) (hardship finding not justified by the poor health of the owner).5 Thus, Mr. Sullivan's inability to maneuver stairs cannot, in any event,be a proper basis for a finding of substantial hardship that satisfies the variance prerequisites of G.L. c. 40A, § 10.6 Any other hardship that the Sullivan might incur if they are required to conform to conditions of the 2010 variance (whether owing to the presence of the drainage swale or the fact that the new deck has already been built) is entirely self-created, and therefore is otherwise not a proper basis for a variance. See Lamb v. Zoning Bd. Of Appeals of Taunton, 76 Mass. App. Ct. 513, 515-16 (2010) ("A landowner cannot obtain a variance by creating his own hardship."). ' Because the Sullivan have failed to establish any hardship justifying the grant of a variance modification or new modification,I need not address whether the other two variance 5 Although the 2010 variance was based upon a hardship due to the owner's physical limitations,the validity of the 2010 variance decision was never challenged through a timely appeal,and is now beyond judicial review. See Bonfatti v. Zoning Bd of Appeals of Holliston, 48 Mass.App.Ct.46,50(1999)and cases cited therein(recognizing that there is no right to challenge a zoning board's decision once the G.L.c.40A, § 17 appeal limit has'expired). ` 6 To the extent that the Sullivans have any hardship justifying a variance from lot coverage limits,such hardship no longer exists by virtue of the fact that the Sullivans have already obtained a lot coverage variance. DiGiovanni, 19 Mass.App.Ct. at 348 ("The hardships justifying the grant of a variance no longer exist precisely because a variance has been granted"(emphasis in original).) The hardship claimed by the Sullivans.as a basis for the 2010 variance was the need to build a single story,wheelchair accessible house that provided access to the backyard. Insofar as the ZBA granted the 2010 variance to relieve such a"hardship,"the Sullivans can no longer rely on that same hardship to justify a variance modification to permit a further increase in lot coverage. 9 prerequisites have been met in order to conclude that the ZBA did not exceed its authority in denying the Sullivan's requested variance modification. See DiGiovanni, 19 Mass. App. Ct at 349 (The fact that the applicant's subsequent plans and construction violated the variance "was sufficient explanation for denial of a variance, especially on a record which falls well short of establishing facts which would have authorized the board to grant the variance."). Finally,the Sullivans clearly violated the terms of the 2010 variance when they built a 160 square foot deck on the northeast corner of the new dwelling instead of the 90 square foot deck off the breakfast room as indicated on the plans incorporated into the 2010 variance. The Sullivans are misguided in relying upon footnote 14 in the DiGiovanni case to argue that the dimensional violation created by building the altered rear deck is"trivial" and should not have necessitated a variance at all. The additional 70 square feet of ground coverage created by the larger new deck is not"a matter of inches"and is not trivial,particularly when viewed in light of the altered location, which is closer to the neighbor's yard. When, as in the instant case, a variance both specifies the percentage of ground coverage allowed and the footprint dimensions of the subject structure, anything beyond that percentage and that footprint exceeds the scope of the variance,thus necessitating a variance modification or a new variance. CONCLUSION In view of(1)the 2010 variance which was granted to eliminate their claimed hardship; (2)the Sullivans' violation of the conditions imposed upon that variance, and (3)the Sullivans' failure to establish any valid hardship justifying a modified or new variance to further increase lot coverage, I find that the ZBA's denial of the Sullivans' variance modification application was I decline to address the Plaintiffs' alternative arguments that the ZBA should have overturned the Building Inspector's refusal to issue an occupancy permit,as the application to the ZBA was plainly one for a variance and not an appeal from the Building Inspector's determination. .10 r neither legally untenable, nor unreasonable, whimsical, capricious, or arbitrary. Accordingly, judgment shall enter that the ZBA's decision did not exceed its authority. th C. Cutler, Chief Justice Dated: July 9, 2018 11 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT BARNSTABLE, ss. 11 MISC 455757 (JCC) JOHN D. SULLIVAN and KATHLEEN R. SULLIVAN Plaintiffs, V. LAURA F. SHUFELT,.WILLIAM H. NEWTON, JUDGMENT CRAIG G. LARSON, ALEX M. RODOLAKIS, and GEORGE T. ZEVITAS, as they are Members of the ZONING BOARD OF APPEALS OF THE TOWN OF BARNSTABLE, and the TOWN OF BARNSTABLE Defendants. On November 14, 2011, Plaintiffs John D. Sullivan and Kathleen R. Sullivan("the Plaintiffs"or"the Sullivans") appealed,under G.L. c.40A §17, from a decision of the Town of Barnstable Zoning Board of Appeals ("the ZBA") denying the Sullivans' request for modification of a lot coverage variance granted in 2010. A one-day trial was held in Boston on October 26, 2015. Four witnesses testified and.. twelve exhibits were admitted into evidence. The Parties filed their post-trial memoranda on August 8,2016. Closing arguments were heard on November 15'2016. Now, in accordance with the findings of fact and rulings of law set forth in the Decision, dated July 9, 2018 and issued herewith, it is hereby: ORDERED, ADJUDGED, and DECLARED that the decision of the Town of Barnstable Zoning Board of Appeals denying the Plaintiffs' request for modification of the 2010 lot coverage variance was neither legally untenable, nor unreasonable, whimsical, capricious, or arbitrary, and therefore did not exceed the ZBA's authority; and it is further 1 ORDERED and ADJUDGED that Plaintiffs' G.L. c. 40A, §.17 appeal of said decision is accordingly DISMISSED. SO ORDERED. yC (Cutler, C.J.) Attest: Deborah J. Patterson, Recorder Dated: July 9, 2018 A TRUE COPY ATTEST- RECORDER 2 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Ma 2 2 Parcel 1 '7 7 �pplicafionlfp Health Division Date Issued Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _Preservation/ Hyannis Project Street Address ©l Village EA/ 1C J 44.-J Owner s , a.,..4 ke -0c e;,, Address P. b_ 43 o X SLr' Telephone "7'70V- '27 Permit Request Square feet: 1 st floor: existing `proposed 0 2nd floor: existing C� roposed ® Total newR F y ? Zoning District Flood Plain Groundwater e y Project Valuation ��" a o o Construction Type �e * Lnv v i Lot Size I C�r6, 9 Grandfather Yes ❑ If yes, attach AJ, orting documCD entation. Ln Dwelling Type: Single Family Two Family Iti-Family(# units) v Age of Existing Structure H storic e: ❑Yes C�]'�lo On Old King's ighway ❑Y ifo Basement Type: 'Full ❑ Cra I ❑ Ikout ❑ Other Basement Finished Area (so Basement Unfinished Area (sq. rn Number of Baths: Full: exist'. �- new c3 Half: existing O new Number of Bedrooms: 3E existing _new( Total Room Count (not including aths): existing 7 new 0 First Floor Room Count Heat Type and Fuel: ®`Gas ❑ Oil ❑ Electric ❑Other Central Air: QW56-s ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detachetrage: ❑ existing ❑ new size_PcVfiA existing ❑ new size _ BAWOU existing ❑ new size_ Attached garage: Urlexisting ❑ new size _Shed: ❑ existing ❑ new sizeZ2k4her: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name u Telephone Number Address S"'- License# C Y--® :' !V4. dZt^�J_ Home Improvement Contractor# r7-7 Email �"�C +.1 l +� [ G d LV► CC Worker's Compensation # P``'` f�v 9$14 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO YC _� i kL P0""a SIGNATURE DATE x /J FOR OFFICIAL USE ONLY 4 'APPLICATION# DATE ISSUED 1 F . t MAP%PARCEL NO. ,f ADDRESS VILLAGE �..� OWNER i DATE OF INSPECTION: `""'----=► ` FOUNDATION ` FRAME INSULATION ,, t`. £ FIREPLACE t r . r ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL ` GAS: ROUGH FINAL FINAL BUILDING It - DATE CLOSED OUT ASSOCIATION PLAN NO. 'r TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION r Map Parcel Application # 0� Health Division Date Issued Conservation Division Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board ,_ Historic - OKH _ Preservation/ Hyannis 4 P pa Project Street Address 1SZ e'1 0 /C>P <f 'p-Q Village C e -7" L/ En Owner :To �►� �.wp t<u.+4 1 ec" SC-) e C� tir� f Telephone �7G�_ L/ ? - d?0 w- :S' j�Ov N ic9®.Z�7Z Permit Request 4o l;A, d eee4( c`V.-cQ ✓r+9 0 ` CL`� i2-0, o� Sd Square feet: 1 st floor: existing propose C2nd floo . x��'i`n g ® proposed C� Total new Zoning District _ Floo oundwater Overlay Project Valuation �� 0 6,0 C nsVL ion TypePee�-,. o D�/�a�-� e�c�e UC 0 C C� Lot Size /� J \\ Grandfath ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Frigy}} Two Famil Multi-Family (# units) . / Age of Existing Structure ��+s His is use: ❑Yes �o On Old Kin 's Highway: ❑Yes �go Basement Type: U61 ❑ Crawl ❑ ❑ Other Basement Finished Area (sq.ft.) ( Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing 0 new Number of Bedrooms: �_ existing anew Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: �TGas ❑ Oil ❑ Electric ❑ Other Central Air: 3�es ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: &existing ❑ new size _Shed: ❑ existing ❑ new size 2_2dh :2— Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR'HOMEOWNER) Name -�J c -�''►�S' G4v� Telephone Number ya 4R,3 Address 7' License # C-S JT� ��'•"'� �� � ��✓ Home Improvement Contractor# s Email4A J +' tea a C�1 f �-Worker's Compensation # 6 A/Li 1 7 2L ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO Z/® _ jRGV+^ s 4, SIGNATURE DATE 1 -)- Z.Q i Y_ FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED MAP/PARCEL NO. i ADDRESS VILLAGE OWNER 8 DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ' ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. a Town'of Barnstable Growth Mandgement Department. Jo Anne Miller Buntich, Director Staff Report Appeal No.2015-022 John D. Sullivan, et. al. Appeal of Administrative Official's Decision ; Seeking handicap ramp pursuant to MGL 40A §3 Date: May 11, 2015 To: Zoning Board of Appeals From: Elizabeth Jenkins AICP, Principal Planner Petitioner John D. Sullivan, et.al. Property Address: 564 Old Craigville Road, Centerville, MA Assessor's Map/Parcel: 226/177 " Zoning: RB Residence B Fled:April 10,2015 - Hearing:May 11;2015 Decision Due:July 19,2015 Copy.of Public Notice'.; John D. Sullivan, et al has appealed the decision of an Administrative Official issued March 13,'2015 pursuant to Massachusetts General Law Chapter 40A Sections 3, 7; 8 and 15, specifically respecting Section 3 which states in part notwithstanding any general or special law to the contrary, local land use and health and safety laws, regulations, practices, ordinances, bylaws and decisions from a city or town shall not discriminate against a disabled person...No dimensional lot requirement of a zoning ordinance or bylaw, including but not limited to set back, front yard, side yard, rear yard and open space shall apply-to handicapped access ramps on private property used.solely for the purpose of facilitating ingress or egress of a physically handicapped person." This is an appeal from the denial of the Building Commissioner's March 15, 2015 to the Appellant's request for a building permit to construct a handicapped access ramp at the private residence of the Appellant. The property is located at 564 Old Craigville Beach Road, Centerville, MA as shown on Assessor's Map 226 as Parcel 177. 1t is in the Residence B Zoning District. Background In June of 2010; John D. and Kathleen Sullivan applied to the Board for relief to demolish-a 1,038 square foot cottage built in 1954 and rebuild a modern 2,807 square foot dwelling. The proposed dwelling was in excess of the maximum lot coverage allowed by the ordinance: the proposed dwelling had a lot coverage of 25.6%, where,a maximum of 20% is allowed. On August 25, 2010, the Board granted Variance No. 2010-024 to the Sullivan's, allowing them to exceed the lot coverage required by Section 240-91:H.1(b)[1]:' During the hearing, the Applicants stated that compliance with the lot coverage requirement presented a hardship to Mr. Sullivan, who is a disabled veteran. Mr. Sullivan sought to construct a single-level dwelling to accommodate his needs. The Applicants also presented the Board with a , 1,076 sq.ft exclusive use easement obtained from an abutting property owner;however,the zoning ordinance does not provide for compliance by way of easements over another owner's lot.2 Upon-obtaining the variance, the Applicants secured the necessary building permits and demolished the existing dwelling. A foundation plan was submitted and approved by the Building Division and. ,. construction of the new house followed. Upon final inspection, it was noted that a deck was constructed on the southeastern corner of the house. This deck was not shown on the plans approved by the Zoning Board. The Applicants were informed that decks are included in lot coverage calculations. The deck resulted in total lot coverage of 27.1% The variance is recorded at the Barnstable Registry as Book 24904 Page 194. 2 This easement is recorded at the Barnstable Registry as Book 24937 Page 259. . Zoning Board of Appeals-Growth Management Department Staff Report Appeal No.2015-022—Sullivan In July of 2011, the Sullivan's filed a 9 o second appeal (No. 2011-041) with the � �� Board to increase the allowable lot coverage to 27.1% to accommodate the \�V deck. After review of the construction \& and approved plans, the Board - GQ�` `% . , concluded that a deck was shown on the original plans approved by the "5V Board, but the deck constructed was in ,��p Cjf \� a revised location and was inconsistent LOT AFf_A: oQ with the Board's dor decision. The � p 10950.9 S.F. 2 F.°' �15TiNc Board denied the Sullivan's request for ��' FO&CH additional lot coverage. The Sullivan's appealed and the case is currently pending in the Trial Division of the Land Court. Summary of Appeal On January 29, 2015, the Building d "` Division received a building permit sR application from James Milano on behalf of John & Kathleen Sullivan for a handicap ramp at 564 Old Craigville Road. The application was accompanied by a plan proposing a handicap ramp on the east side of the dwelling (see plan entitled Proposed Ramp Plan" drawn by David R. Maclean &Assoc, dated January 7, 2015). The ramp serves a "grass stone parking space" off of Circuit Avenue. The ramp connects to the existing, contested deck, which is 9'x 14' in size. There is an entrance to the dwelling from the deck, facing Circuit Avenue. On March 13, 2015, Local Inspector Jeffrey Lauzon issued a letter to James Milano stating the building permit application could not be approved as submitted because "the design of the ramp relies on an existing deck constructed contrary to approved plans and which is currently involved in ongoing litigation." The letter goes on to state that the "ramp needs to be redesigned as to not rely on the un-permitted deck." John D Sullivan has appealed the denial of the building permit. The appeal was filed on April 10, 2015 and made within 30 days of the Administrative Official's determination as required by MGL Ch 40A Section 15. The application states the appeal is under Massachusetts General Law Chapter 40A Sections 3, 7, 8 and 15. Specifically, the Appellant cites Section 3, which reads in part: No dimensional lot requirement of a zoning ordinance or by-law, including but not limited to, set back, front yard, side yard, rear yard and open space shall apply to handicapped access ramps on private property used solely for the purpose of facilitating ingress or egress of a physically handicapped person, as defined in section thirteen A of chapter twenty-two. Section 3 also contains the following language regarding disabled persons: Notwithstanding any general or special law to the contrary, local land use and health and safety laws, regulations, practices, ordinances, by-laws and decisions of a city or town shall not discriminate against a disabled person. Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination. The provisions of this paragraph shall apply to every city or town... 2 Zoning Boatd of Appeals-Gtowth Management Department Staff Report , Appeal No.2015-022—Sullivan y Staff Comments • The Appellant's application states "The Building Inspector's denial is solely based upon zoning dimensional regulations of the RB District The denial of the Building Commissioner is an act of discrimination against the Appellant, a disabled person, which is expressly prohibited by MGL Chapter 40A Section 3." The denial letter issued by the Building Division does not make any reference to the RB District requirements. The Building Inspector's March 13, 2015 letter states the application can not be approved because "the design of the ramp relies on an existing deck constructed contrary to , approved plans and which is currently involved in ongoing litigation.". • The Appellant's submitted a plan with the application entitled "Alternate Ramp Plan" dated April 29, 2013. The plan appears to show an alternate design for a handicap ramp and a new deck on the south side of the dwelling. This is not the proposal submitted to the Building,Division. This plan does not show the existing contested deck. r The Building Code requires a minimum area of 3' x 3'for a landing connected private handicap ramp, or enough area necessary to maneuver and open the door. Public Comment The following documents have been received: Letter from Tom Munsell & Susan DeGennaro, May 5, 2015 Procedural Information The Board should make findings when either voting to uphold or overrule the Building Commissioner. A vote of 4 members of the Board is required to-,overrule the Commissioner's decision. CC: Appellant,c/o Attorney Lawrence A.Simeone Jr. Attachments: Application for Other Powers(4/10/2015) Letter from Jeffrey Lauzon to James Milano,signed(3/13/2015) Letter from Jeffrey Lauzon to James Milano with notation,unsigned(3/13/2015) . Building Permit No.201500514 Proposed Ramp Plan,by David Maclean,Sheets A1.1,A1.2,A1.3,FR(1/7/15) Alternate Ramp Plan,Sheets 11A&1.2A(4/29/13(progress)) Letter from Munsell&DeGennaro(5-5-15) , r . 3 • 015 AP" Town of Barnstable Zoning Board of Appeals Application for Other Powers - J Date Received For office useonl F Town Clerk's Office: Appeal# Hearing Date Decision.Due The undersigned Appellant hereby files an appeal to the Zoning Board of Appeals under M.G. L. Chapter 40A, Sections 8 & 1 S for the reasons indicated: r Appellant's Name: John D.Sullivan et al. Phone: Appellant's Address: M v Old Craigville Road Address of Property that is the subject of this application: 5M Old Craim4lle Road Al Assessor's Map/Parcel Number: 226/177 Zoning District:RB Residential Zoning District Groundwater Overlay District: Property Owner: Phone:; Ifdifferent from Appellant Address of Owner: • -------------- ------------- If different from Appellant This is a request for: [ ] Enforcement Action [x] Appeal of Administrative Official's Decision , [ ] Other General Powers-Please Specify:---------- —-———— , Which Section(s)of the Zoning Ordinance.and/or MGL Chapter 40A are you appealing to the Zoning Board ofAppeals?This Appeal is under M.G.L. c 40A 43, 47, 48 and 415. Specifically respecting ' M.G.L. c.40A &3 entitled"Subiects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences"which states in pertinent part: "Notwithstanding any general or special law to the contrary, local land use and health and safety laws,•regulations,practices, ordinances, by-laws and decisions of a city or town shall not discriminate against a disabled person...... ...................:No dimensional lot requirement of a zoning ordinance or by-law, including but not limited to, set back front yard, side yard, rear yard and open space shall apply to handicapped access ramps on private property used solely for the purpose of facilitating ingress or egress of a physically handicapped person,.... 1 The Appellant is the person making the appeal. Application for Other Powers-Page 2 Nature of Appeal&Description of Request: This is an appeal from the denial of the Building Commissioner (date March 15'h 2015),to the applicant's request for a building permit to construct a handicapped access ramp at the private residence of the Appellant The Building Inspector's denial is soles based upon zoning dimensional regulations of the RB district The denial by the Building Commissioner is an act of discrimination against the Applellant,a disabled person,which is expressely prohibited by M.G.L.c.40A &3 Attach Additional Sheet if Necessary Is the property subject to an existing Variance or Special Permit ..._..No [ ] Yes [x1 - #. 2010-024 Existing Level of Development of the Property-Number of Buildings: 1 Present Use(s): Residential,Single Family Dwelling Existing Gross Floor Area:2,803f sq.ft. Proposed New Gross Floor Area: N/A sq.ft. h the property bcated in a designated Historic District?........................................ Yes [] No [x] lb this proposal subject to the jurisdiction ofthe Conservation Commission ......... Yes [ ] No [x] Is this proposal subject to approval by the Board of Heath ................................. Yes [] No [x] Is the buikiinga designated Historic Landmark?.............................-...................... Yes [] No [x] Has abuildingpermitbeenissued?............................................................ Yes [x ] No [] Has a buildingpermit been refused?.................. •-•...................................... Yes [x ] No [] The following information,as applicable, should be submitted with the application at the time of filing_ • Three (3) copies ofthe completed application form, each with original signatures accompanied by all supporting documentation related to the appeal • Three (3)copies of a certified property survey (plot plan)and one(1) reduced copy (8 1/2"x 11" or 11" x 1T) showingthe dimensions ofthe land, all wetlands,water bodies, surrounding roadways and the location of the existing improvements on the land. Three (3)copies of site improvement plan and one(1)reduced copy(8 1/2"x 11" or 11" x 17"). - The applicant may submit any additional supporting documents to assist the Board in making its determination. Signature: Date:April 9a',2015 Appe 's or Representative's Signature Print Name: Laver nce A. Simeon Jr. Esq. Address: 300 Broadway P.O.Box 321 Phone: 781-286-1560 Revere,MA 02151 Fax No.: 781-286-5532 e-mail Address: Isimeoneir@simeonelaw.net Town of Barnstable T Regulatory-Services �y' a Richard V. Scali,Director ,,,s,,,�,�UE,.; Building Division ' . BARNSTABIE a.Mr..s�.artnn�.ccnm-.hens i639. �• - Thomas Perry,CBO. 3 9.zo f01" � Building Commissioner 200 Main Street, Hyannis, MA 02601 ; www.town.b a rnsta ble.ma.us Office, 508-862-4038 . Fax: 508=790-6230 March 13, 2015 " —James=tA -Milano 38 Winter St. ; Yarmouth,Ma..02675 RE: 56.4 Old Craigville Rd., Centerville,Map: 226 Parcel: 177 Dear Mr. Milano, ; This letter is in response to application number 201500514 submitted to build a ramp at the above referenced address. Unfortunatel the application can not be approved as submitted y PP. PP because of the following: j 1j The design of the ramp relies on an existing deck constructed contrary to approved plans and which is currently involved in ongoing litigation. The ramp needs to be redesigned as to not rely on the un-permitted deck. Please'do not hesitate to contact this office with any questions: Respectfully, V /LOL� • , Local Inspector . r j effrey.lauzon(a)town.barnstable.rha.us (508) 862-4034 CC: John Sullivan Town of Barnstable SINE Regulatory Services o Richard V. Scali,Director ABLE Building Division BARNST� 1AItNsrABLE. ; - , ,�.�.,� E����� Thomas Perry, CBO 163��. . Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.maxs Office:508-862-4038 Fax: 508-790-6230 March 13, 2015 James A. Milano 3 8 Winter St. Yarmouth, Ma. 02675 RE: 564 Old Craigville Rd., Centerville, Map: 226 Parcel: 177 Dear Mr. Milano, This letter is in response to application number 201500514 submitted to build a ramp at the above referenced address. Unfortunately,the application can not be approved as submitted because of thevfollowing: 1) The design of the ramp relies on an existing deck constructed contrary to approved plans and which is currently involved in ongoing litigation. Please do not hesitate to contact this office with any questions. Respectfully, Jeffrey L. Lauzon Local Inspector jeffrgy.lauzon@,town.bamstable.ma.us (508) 862-4034 r1D o3 o � CC: John Sullivan e" Aj 74 �ec.� i TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION licat PP ion# Map 2 2� Parcel !7'7 . Date Issued Health Division Conservation Division QK' Application Fee Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic-OK H Preservation/Hyannis Project Street Address SGy O/d C✓� s,�.`</c v-�� Village W e Y r .;tj - �. �� C��a�✓�lY��� Owner fob 4.-�-P GCS f 1 e e.,� Xu i/,'U cvr Address P b /vy Telephone '77y .y 27 P 70 2- Permit Request h G 4 c! e- N R 4"t Square feet:1 st floor.existing!�`proposed Q 2nd floor.existing O proposed 'O Total newt 80 7 Zoning District Flood Plain Groundwater Overlay Project Valuation 6. a 0 Constwction Type oP Lot Size /e t'a- 9 Grandfathered: ❑Yes ❑No If yes,attach sU porting docun station. 0 Dwelling Type: Single Family Mr'- Two Family ❑ Mufti-Family(#units) � u `- Age of Existing Structure H ye-.✓ Historic House: ❑Yes a<o Ow Old King's iighway.,P YL9 &1q0 Basement Type: A<ull ' ❑Crawl ❑Walkout ❑Other --r Basement Finished Area(sq.ft.) d Basement Unfinished Area 1(sq. 2 Number of Baths: Full:existing —7- new (3 Half:existing O new O Number of Bedrooms: e)asting_new0 Total Room Count(not including baths):existing -7 new . O First Floor Room Count 7 Heat Type and Fuel: 39as ❑Oil ❑Electric ',❑Other r Central Air: Imes ❑No Fireplaces:Existing New Existing wood/coal stove: ❑Yes ❑NO Detached,dWage:❑existing ❑new size_PgdkU existing ❑new size El2w CU existing ❑new size_ Attached garage:Uiasting ❑new size_Shed:❑existing;❑nevv s¢eZ? Cher: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# Current Use Proposed Use _ APPLICANT INFORMATION (BUILDER OR HOMEOWNER) , Name -J `^ =f i Ia�r o Telephone Number 17 Y 7 34, PZ Address Y f.J License A4 rf 02.t'79_ Home Improvement Contractor# ems:8'7 Email -�-�►e,�r ,,,�,, p C o•n L' -S`�---JG�_ Worker's Compensation# A`I'` ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO 'J CL✓N\S A.b�I� V V Vl neTF f/!114-0/j— • AOORIONS 6 ALTE TIONS SULLIVAN ' I RESIDENCE 554 OW ORAIOVRLE Ft q WEST WMNISPORT,MA / I • I - I I i ' � wr• � 5 ,a dL '1l tr � II _ _ k yl - }},�� I 9�z •I, p t .. I C DjVoU R.MAf.LRAIY J, � {9 � 1e IAIe ARONRlCIrU t"�"itl V R `' I� `i @x�?. I A - I• uiw4mi,w our- rn o ' � .. F+.(i � n y� 'e�•f �.,k. 'S. iT`�� iat'c ;{�'�n '�. I e i I. 3 a n i r I w � a ? ", s . S - t{ , Ir.r oxe.RW orrJmuxe • F -. 6a /- � I. -IeJA1F0:]e4PR4'r Owom,Eeal e- .y r � ' '•' • - I RlIIrR RAM r1All ' e LulorO - '- - MRMORM]ilONi/NW ERON AL • -.i �' - 2RE-eEwMEMRfORON OLO I eG4EIWI'-P - ueowo P""]v oleR'Jo iw]PeRcw I PRue amly _�-- nemcN,F4 -I NrJe nWP cEMolvlle.w'airt Rc•Pm _ OEF eORh11 fir. THIS ALTERNATE PLACES THE RAMP' ] �•� - CLOSER TO PROPERTY LINE&FARTHER FROM STREET ] ADDmONS•uTERATIONS SULLIVAN RESIDENCE - 684 OLD CRAIGAUE ROAD V 6 T WMNISPORT,W 1)AV1D R.MAIILRAN ' - •utDolAT]]A•eMiICCNR] •. H]CMUOYHECNRMR ' wd��rtme C(IX D]l�pODMOC IBlIIC4 10AORR'1]IVRooAE•]]I unuun•oumwrn•rAnoA nweaxineea ml DEF M D 1' A 1.2A 05 May 2015 35 Stephanie Lane South Windsor CT 06074 Re: ZBA appeal 2015-022; Sullivan @ 594 Old Craigville Road Dear ZBA members, Thank you for your time and consideration. Ourfamily'lives at 15.Cir6uit Avenue, Centerville, and we abut the Sullivan property. I grew up just two miles from Circuit Avenue, and am a Barnstable High School graduate.' Our family dream was to retire to a tranquil spot near where I grew up. After a 6 season search my sister found our current home, and it has provided serenity to us and to our friends. That serenity has been shattered by the oversize and illegal construction at the Sullivan house. We object to the 2015-022 variance and will provide some'relevant background. The deck to which the requested handicap ramp would be attached is illegal. Adding any structure to an illegal structure is illegal. Period: The deck is illegal as the Sullivan's were'granted 2804 sq. ft for construction and the home itself exceeds 2900 sq feet. There is no room for any deck. Period.We all know the state and town building code defines sq.footage to include"any man made and elevated structure". This would include decks, porches, homes, outside stairs, and garages. The Sullivan's' could have built a 2000 sq'ft home and an 804 foot deck: Or a 2000 sq.ft home, a 704 sq.foot deck, and a 100 sq. ft front porch. Instead they violated their variance contract, and . built a home that is over 2900 sq,_ft as measured by independent architects and the.town.- The house was already.at least 100 sq. ft over the,approved plans again leaving NO ROOM for any deck to exist; period. Then they added a 125 sq. ft deck when no such deck was on the approved plans. That brings the home to over 3000 sq: feet. Since the house itself is over 2900 sq. feet (vs. 2804 approved) there is no room for even the "plan approved" deck as that deck space has been more than used by the house itself. Simply put the Sullivan's' have violated the town's trust and the town's variance agreement by building a home in excess of the approved plans and then flagrantly building an illegal deck that was never on the original plans. In short, requesting to add any structure to an illegal structure makes zero common nor legal sense.. The Sullivan's have grabbed sq.footage, at every opportunity, altered the north elevation from the approved plans, and otherwise ignored the rules. , ' Further, by the town's own measurement the illegal deck encroaches almost.1' into the required 10' property line set back. The deck is built 6 feet in the air. ,.The house could have easily been designed slightly smaller and therefore permitted`a deck at the south end of the same wall with an elevation of just 2 feet making limited mobility access easy. One'would think a person who stated he had mobility ` issues would build a slightly'smaller home,,allowing proper deck space, and then build a mobility accessible deck at the lowest elevation they could; not 6 feet in the air. A front door 3 feet in the air also makes little sense for a person with limitedmobility, - My dad'was'an architect andbuilder'here'for`over 30 years`and we followed the rules. I drafted plans for my dad and also built homes including my own primary residence which follows the rules. My own primary home follows the rules. Letting the Sullivan's violate the approved plans sets a dangerous precedent for other builders who can overbuild and wreck Cape Cod. Why'should other builders follow the town'rules'if the Sullivan's do not? 2 Also, if the town allows the Sullivan's to let the illegal deck stand, then neighbors have just cause for action against the town. Anyone who is injured on the deck also has cause for action against the town', as the deck should not exist. Unfortunately the Sullivan's have not only violated the town variance but have violated a signed contract with us. Winding the clock back 5 years we understood the Sullivan's to be building a 2200 Sq. Ft home and were shocked to find a 2800 SQ FT home variance was being filed. I called John Sullivan and asked why I was getting all types of town mail about variances. I have a record of those calls and John said there was no need for us to be concerned. We eventually saw the problem and objected to the variance. The Sullivan's' begged us to allow them to build and enticed us into a contract with five stipulations that would reasonably protect our privacy and property values. Those stipulations required a 13' set back off our line, an elevation no higher than the current Sullivan cottage, protection of our property line trees, provision of screening on the property line/air- conditioning, and that any approved deck not be built across from our deck(i.e. the deck be built mid back wall in a nook).From our perspective, none of these has been honored. The illegal deck is 9 feet from our property line and is not located in the approved position 25 feet down the wall in a nook, and away from our deck. Our neighbors across the street wrote the town about the high elevation of the foundation, and from our side, the foundation is much higher than what the builder told us in an on-site meeting. The illegal home was built so close to our property line that excavation for a large drainage ditch along the foundation killed all the property line trees. The roots were cut on the Sullivan side of the property line, and th'e•trees naturally leaned toward our cottage. A professional arborist removed the trees before they fell on,our home. We have detailed photographs of the trees before and after the construction. We have used 18 feet of our 25 feet front yard to grow new trees to partially screen the extremely tall new home. So our front yard has gone from 25 feet of green lawn and garden to an 8 foot strip. The new home casts a shadow on our front yard so our lawn has turned to moss and our garden in that area is dead. This is both sad and maddening. Susan is an advanced practice registered nurse and has a high stress job. Gardening at the cottage and reading a book in the yard were her two ways to relax. She used to visit the cottage every other weekend, but only visited four times last year. She is very upset about the illegal deck1ocated across from our deck, the loss of privacy, and the loss of her front yard gardens. Naturally we are very emotionally distressed and disappointed about the lack of progress in removing this illegal deck and are at the end of our patience. In summary, the Sullivan's have violated their variance contract with the town, and from our side, the contract we were gracious enough to provide to the Sullivan's. Further, the stated reason for the variance was limited mobility and yet the front entrance is almost 3 feet in the air, and no attempt was made to locate a deck at the 2 foot elevation area on the back wall. Now the Sullivan's want to come back and modify their plan when it is they who failed to plan for limited mobility access, not the town. The bottom line is the Sullivan's had an initial planning opportunity to gain easy access to a lower deck and failed to do so. They already have a second egress through the garage and need no additional egress. They have illegally constructed a deck and encroached on the 10' setback. Most simply, adding a ramp to an illegal structure is illegal. With great frustration, Thomas Munsell ,hamw AfameU Susan DeGennaro Swam!De4er mw 2 Town of.Barnstable rEM ,o 4 md- Oft -m ,-ft ft - :e�nner�m.e•5cutting$ 1104F Im a jv �NUd�� - • �4 s��h[[[[....OF////BA0.®®®®NS�PO� r www.town.bamstable.ma.tslZoningBoard Board Members: , BrianFlorence—ViceChair AlexRodolakis—Clerk GeorgeZevitas—Member David A.Hirsch—Associate Member Herbert Bodensiek—AssociateMember Robin Young-Associate Member,,Matthew Levesque-Associate Member James Tinsley—Town Council Liaison Staff Support + Elizabeth Jenkins—Principal Planner—elizabeth.ienkins@town.barnstable.ma.us Carol Puckett—Administrative Assistant—carol.puckett@town.barnstable.ma.us ` Agenda Wednesday, May 13, 2015 2"d Floor Hearing Room—367 Main Street, Hyannis, MA Call to Order Introduction of Board Members ~ ' Notice of Recording; ~ Please-note that this meeting is recorded and broadcast on Channel 18 an in accordance with MGL Chapter 30A§20. I must inquire whether anyone is taping this meeting and to please make their presence known: Minutes - Minutes from March 25, 2015,April 8, 2015 and April 22,2015 New Business 7:00 PM Appeal No.2015-021 Bassil Elie Bassil,Trustee has petitioned for a Special Permit pursuant to§240-25(C)1 (Conditional Uses in the Highway Business District)to convert 1,270 square feet of automotive repair space to retail space;the automotive repair use will be abandoned. The property is located at,199 Falmouth Road, Hyannis, MA as shown on Assessor's Map 311 as Parcel 079. It is in the Highway Business (HB) and Groundwater Protection(GP)Overlay Districts. 7:01 PM Appeal No.2015-022 Sullivan John D. Sullivan,et al has appealed the'decision of an Administrative Official issued March 13, 2015 pursuant to Massachusetts General Law Chapter 40A Sections 3,7;8 and"15,specifically respecting Section3 which states in part "notwithstanding any general or special law to the contrary, local-land use and health and safety laws, regulations; practices,ordinances, bylaws and decisions from a.city or town shall not discriminate against a disabled person...No dimensional lot requirement of a zoning ordinance or bylaw, including but not limited to set back,front yard,side yard, rear yard and open space shall apply to handicapped access ramps on private property used solely.for the purpose of facilitating ingress or egress of a physically handicapped person." This is an appeal from the denial`of the Building Commissioner's March 15,2015 to the Appellant's request for a building permit to construct a handicapped access ramp at the private residence of the Appellant. ,The property is located at 564 Old Craigville Beach Road, Centerville, MA as shown on Assessor's Map 226 as Parcel 177. It is in the Residence B Zoning District. 1 7:02 PM Appeal No.2015-023 Pacheco/Lucien Wayne J. Pacheco and Nancy Lucien have petitioned to modify Special Permit No. 2014-018 pursuant to Massachusetts General Law Chapter 40A Section 14. The petitioners seek to delete Condition No. 3 of the decision, which requires"any kitchen or other improvements that represent a second unit on the property be removed by the owner with the required permits from the Building Division." The Petitioners stated reason for the request is the decision conflicts with Barnstable Ordinance Chapter 501,Article IV Sections 501-28 and 501-29. The property is located at 791 Pitchers Way, Hyannis MA as shown on Assessor's Map 271 as Parcel 159. It is in the Residence C-1 Zoning District. 7:03 PM Appeal No.2015-025 Laham Management& Leasing, Inc Laham Management and Leasing, Inc has applied for a use variance from the provisions of Section 240-24.1.6 (OM Zoning District)to establish parking to be used in conjunction with the existing abutting automobile dealership. The Applicant also seeks,to the extent required, a dimensional variance from Section 240-24.1.6(C) as to minimum lot area, minimum lot frontage and landscape setbacks. The property is located at 157 Stevens Street, Hyannis, MA as shown on Assessor's Map 309 as Parcel 240. It is zoned OM Office/Multi-Family Residential Zoning District. Other Business Next regularly scheduled hearings are May 27,June 10,June 24 Correspondence Adlourn Please Note:The list of matters are those reasonably anticipated by the chair,which may be discussed at the meeting.Not all items listed may be discussed and other items not listed may also be brought up for discussion to the extent permitted by law. It is possible that if it so votes,the Board may go into executive session.The Board may also act on items in an order other than they appear on this agenda. *Public files are available for viewing during normal business hours at the Zoning Board of Appeals office located at 200 Main Street,Hyannis,MA 2 i A yoli Cz Be 4gL a /"O SO M 564 Old Craigville,MA Square footage measurement (unless plans were changed,and then we see no more current plans are on file). Two architectural firms measured INTERIOR house to be at least 2860 to 2871 compared to 2803 approved, NOT including covered front porch and covered roof soffits(150 SQ FT). The porch and soffits bring house coverage to 3065 SQ FT or more. The 200 SQ FT deck which brings house to 3265 SQ FT or more. ' It may be that the Sullivan architect confused FLOOR AREA COVERAGE(FAR)with LOT COVERAGE. The ZBA variance was for LOT Coverage(when viewed from above). Think most of problem is coverage includes"any man made elevated object"; roof soffits,porches,stairs,and decks 1)raised and covered front porch was not included in measurement by architect 35+'X 18' or 54-85 Sq FT Porch is elevated 25 and covered 2)Roof(soffit)overhang of 150-175 SQ FT was not included by architect. Independent architects went with the"low"figures ; of 54 and 150 to give Sullivan's benefit of doubt We start at top back wall center and work Counterclockwise. Feet Feet SQ FT v Gross"INTERIOR box"on foundation is 58 62 3596 Approved coverage was 2803 SQ FT Then Remove the wall indentations starting on top back wall(8'to left outside of master BR all 8 44 352 62'-18'=44' , the way to left end of home) 9 14 126 ignores deck J C top left box outside bedroom and Florida room Front left wall outside front left bedroom 5 14 70 depth is measured as set back from the 1 �r Street side(front)of covered porch 3 18 54 far right front foundation wall on(GARAGE) Left front garage job(toward Old Craigville) 1 13 13 0 . Right Garage jog,(south) 4 30 120 Less 735 _ COVERAGE AS DEFINED BY THE CODE wall IS ANY MAN MADE ELEVATED OBJECT 2861 MINIMUM INSIDE the BOX*** 2861 54 COVERED PORCH SQUARE FOOTAGE 150 ROOF OVERHANG OVERAGE WITH NO DECK 3065 HOUSE IS OVER THE APPROVED 2803 SQ FEET 9% _100 ORIGINALLY APPROVED DECK(98 ACTUAL) j 3165 MINIMUM SQUARE FOOTAGE on plans 13% VS 2803 SQ FT STATED 201 CURRENT ILLEGAL DECK with stairs WITH ILLEGAL DECK r 3266 TOTAL CURRENT COVERED SQ FT 17% Internal file town report showed house INTERIOR SQ FT as 2291 Garage is 22' (3'+19') X 26' 22 26 572 TOTALTOWN REPORT iINTERIORSQFT 2863*** 2863 BEFORE PORCH,SOFETS,&DECK PORCH 54 Pretty close to INDEPENDENT FIGURES OF 2863 ROOF OVERHANG 150 APPROVED DECK 98 TOTAL ON PLANS I - 3165 LOT SIZE SQ FEET 11,000 TOTAL STATED ON PLANS 2803 CHECK 13% 20% 2200 STATUTORY COVERAGE 2200 25.5% 2803 VARIANCE 27.9% 3065 CURRENT COVERED SQ FT X DECK 9% HOUSE WITH NO DECK IS 9%OVER THE 25.5%COVERAGE(27.9/25.5) 29.7% 3266 CURRENT COVERED SQ FT&DECK 17% HOUSE&DECK ARE 17%OVER THE 25.5%COVERAGE (29.7/25.5) COVERAGE AS DEFINED BY THE CODE IS ANY MAN MADE ELEVATED OBJECT 2861 MINIMUM INSIDE the BOX*** 2861 54 COVERED PORCH SQUARE FOOTAGE 150 ROOF OVERHANG OVERAGE WITH NO DECK 3065 HOUSE IS OVER THE APPROVED 2803 SQ FEET 9% 100 ORIGINALLY APPROVED DECK(98 ACTUAL) 3165 MINIMUM SQUARE FOOTAGE on plans 13% VS 2803 SQ FT STATED 201 CURRENT ILLEGAL DECK with stairs WITH ILLEGAL DECK 3266 TOTAL CURRENT COVERED SQ FT 17% Internal file town report showed house.INTERIOR SQ FT as 2291 Garage is 22' (3'+19') X 26' 22 26 572 TOTAL TOWN REPORT INTERIOR SQ FT 2863 *** 2863 BEFORE PORCH,SOFETS,& DECK PORCH 54 Pretty close to INDEPENDENT FIGURES OF 2861 ROOF OVERHANG 150 APPROVED DECK 98 TOTAL ON PLANS 31 55 LOT SIZE SQ FEET 11,000 TOTAL STATED ON PLANS 2803 CHECK 13% 20% 2200 STATUTORY COVERAGE 2200 25.5% 2803 VARIANCE 27.9% 3065 CURRENT COVERED SQ FT X DECK 9% HOUSE WITH NO DECK IS 9%OVER THE 25.5%COVERAGE (27.9/25.5) 29.7% 3266 CURRENT COVERED SQ FT&DECK 17% HOUSE& DECK ARE 17%OVER THE 25.5%COVERAGE (29.7/25.5) 564 Old Craigville,MA 1 Square footage measurement (unless plans were changed,and then we see no more current plans are on file). Two architectural firms measured INTERIOR house to be at least 2860 to 2871 compared to 2803 approved, NOT including covered front porch and covered roof soffits(150 SQ FT). The porch and soffits bring house coverage to 3065 SQ FT or more. The 200 SQ FT deck which brings house to 3265 SQ FT or more. It may be that the Sullivan architect confused FLOOR AREA COVERAGE(FAR)with LOT COVERAGE. The ZBA variance was for LOT Coverage(when viewed from above). Think most of problem is coverage includes"any man made elevated object"; roof soffits,porches,stairs,and decks 1)raised and covered front porch was not included in measurement by architect 3.5'+'X 18' or 54-85 Sq FT Porch is elevated 2.5'and covered 2)Roof(soffit)overhang of 150-175 SQ FT was not included by architect. Independent architects went with the"low"figures of 54 and 150 to give Sullivan's benefit of doubt We start at top back wall center and work Counterclockwise. Feet Feet SQ FT Gross"INTERIOR box"on foundation is 58 62 3596 Approved coverage was 2803 SQ FT Then Remove the wall indentations starting on top back wall(8'to left outside of master BR all 8 44 352 62'-18'=44' the way to left end of home) 9 14 126 ignores deck top left box outside bedroom and Florida room Front left wall outside front left bedroom 5 14 70 depth is measured as set back from the Street side(front)of covered porch 3 18 54 far right front foundation wall on(GARAGE) Left front garage job(toward Old Craigvilie) 1 13 13 0 Right Garage jog,(south) 4 30 120 Less 735 COVERAGE AS DEFINED BY THE CODE wall IS ANY MAN MADE ELEVATED OBJECT 2861 MINIMUM INSIDE the BOX*** 2861 54 COVERED PORCH SQUARE FOOTAGE 150 ROOF OVERHANG OVERAGE WITH NO DECK 3065 HOUSE IS OVER THE APPROVED 2803 SQ FEET 9% 100 ORIGINALLY APPROVED DECK(98 ACTUAL) 3165 MINIMUM SQUARE FOOTAGE on plans 13% VS 2803 SQ FT STATED 201 CURRENT ILLEGAL DECK with stairs WITH ILLEGAL DECK 3266 TOTAL CURRENT COVERED SQ FT 17% Internal file town report showed house INTERIOR SQ FT as 2291 Garage is 22' (3'+19') X 26' 22 26 572 TOTAL TOWN REPORT INTERIOR SQ FT 2863*** 2863 BEFORE PORCH,SOFETS,&DECK PORCH 54 Pretty close to INDEPENDENT FIGURES OF 2861 ROOF OVERHANG 150 APPROVED DECK 98 TOTAL ON PLANS 3165 LOT SIZE SQ FEET 11,000 TOTAL STATED ON PLANS 2803 CHECK 13% 20% 2200 STATUTORY COVERAGE 2200 25.5% 2803 VARIANCE 27.9% 3065 CURRENT COVERED SQ FT X DECK 9% HOUSE WITH NO DECK IS 9%OVER THE 25.5%COVERAGE (27.9/25.5) 29.7% 3266 CURRENT COVERED SQ FT.&DECK 17% HOUSE&DECK ARE 17%OVER THE 25.5%COVERAGE (29.7/25.5) r` COVERAGE AS DEFINED BY THE CODE. wtai IS ANY MAN MADE ELEVATED OBJECT 2861 MINIMUM INSIDE the BOX*** 2861 54 COVERED PORCH SQUARE FOOTAGE 150 ROOF OVERHANG OVERAGE WITH NO DECK 3065 HOUSE IS OVER THE APPROVED 2803 SQ FEET 9% 100 ORIGINALLY APPROVED DECK(98 ACTUAL) 3165 MINIMUM SQUARE FOOTAGE on plans 13% _ VS 2803 SQ FT STATED 201 CURRENT ILLEGAL DECK with stairs .WITH ILLEGAL DECK 3266 TOTAL CURRENT COVERED SQ FT 17% Internal file town report showed house INTERIOR SQ FT as 2291 Garage is 22' (3'+19') X 26' 22 26 572 TOTAL TOWN REPORT INTERIOR SQ FT 2863 *** = 2863 BEFORE PORCH,SOFETS,&DECK PORCH 54 Pretty close to INDEPENDENT FIGURES OF 2861 ROOF OVERHANG 150 APPROVED DECK 98 TOTAL ON PLANS F 3165 LOT SIZE SQ FEET 11,000 TOTAL STATED ON PLANS 2803 CHECK 13% 20% 2200 STATUTORY COVERAGE 2200 25.5% 2803 VARIANCE 27.9% 3065 CURRENT COVERED SQ FT X DECK 9% HOUSE WITH NO DECK IS 9%OVER THE 25.5%COVERAGE (27.9/25.5) 29.7% 3266 CURRENT COVERED SQ FT&DECK 17% HOUSE&DECK ARE 17%OVER THE 25.5%COVERAGE (29.7/25.5) 2 RAi�SECTION IN-la ADDITIONS&ALTERATION: PY VP �//�/�j�J i /// SCALE 918'v t'-P (��7� T �T��T L— `� F;a ell - OEM POSTS B PAIUNG ►7 U LL1�'A ZroIATC~E>� RESIDENCE ,— ML W4 OLD CRAIGVILLE ROAD WEST HYANNISPORT,MA m o �DOb'TIIVG STRUCTURE cm - m r n � EwsrmGcoNCRETE 91 FOUNDATION WALL 1 .T.Zx l0 FLO0RJOlSTS �r-Poa .T.4 x 4 POSTd SUS-SON _ PC POST CJIP TO So OONC. SONOTIUBE d 2C 0 SIG FOOT DECK SKOTT 6 TTBN ro - CONIC.FOOTWGS ON MATCH ITMIG DECK 8•CRUSHED STONE BELOW(PlP.) T;7TISTiNG 4'JT as r4P T 101W I i I i I I i 1 1 DAVID L KACLEAi d ASSOCIATES ARCNrtECTURE L J ` - 73 SCRAGGY NECK ROAD CATAUMET.MA M534 508.584A&W 1 RAhd'SECTION A_A BCAIJ=9U8'.1'-P EXISTM STRUCTURE RAIL DECK HEIGHT DECK 1Z .. 1 am .. EXISTING CONCRETE T' . FOUNDATION WALL 9d _ P T. 10 INERG CONG WALL G FASTEN TOEX MasTIN V.JOIST HANGERS CM.) OECWQ TO MATCH EXISTIG d lw 0 GALV.EXPANSION ANCHORS PAL 21Q'1SNLIr ®P 0.G STAGGHTED M KOL UP .T.2x 10 FLOOR JOISTS - P T.2 x 4 SLL dS8'0 @ 1'-P 0.G(iYP_) HOOK®ANpHOR SOL �PT.2x 10.FLUSH — 12 -ni 1 3UI SLOPED'CONCRETE PAD .T.4 x 4 POST d SDAPSON PC POST CAP EXISTM POCKET E7ISrM TO M COMM SONOTUSE d 24.0 . SIG FOOT CONE FOOTOiGS ON I I S'CRUSl�610NEBELDW(TYP-)— I I _ . J 1 ---- ISSUED: TJA -15 § . 1 (3)65 COW.rRAS� OF CONC.PAD T_P(NRl)TiELOW PRDPos®sECTTOIasaDETAu.3 FOOTING Fff0SHEO GRADE PROVmE 12.OF 3W CRUSHED STONE BASE 1 L — — � � SCAM As NorT�PROJECT NUMSE t 2M3I 1 L _J I pEF TERM tUP7U L&N NO 2 C)1 r2 CC�I SULLIVAN RESIDENCE A. Gwmal 1— 2. TT.wpm1 I II aaI brand.p.mam.xmmrb.ranrarar�.eras�ctaBB?��••�r.r EXISTING WE OLD ARMS OR ROAD eAbe mAo.d..btee dam) WEST HYANNISPORr.MA -IL Sao Ctm®oo.and Strrmael Fs RESIDENCE VTR/•-��.{ S AN Mud batabd b m.d.pd.d.tm.mid d.A..Bm**.4 wddrpdm taAweA'4dYm1p1d0...t.r■ IJIDLl,t/L b"..wb btdy Paaua d e00a p.L Tm 0—dr mpp b�.s d.dwra.dv md.r ayd.ad b a. (Xm.mp�M d 11�.db b ddmm.MOmfr s[r1Aa pia.i aBYrs p.p..d.a L Me pr.dm msidarbOttbtp..ltrt L SM dMdrb..wptddb.tom.e..-W-..*Mpet..iddr b.pbwd b t711udot Bb—d®p.bd0 9M.1 a.e dgde¢wdd.tdpdbTASTMD1STwd.. bbpM.dddnpR W4r iV4r L Pmdb ltmel■mq.dw b055diYpm drydwrdw dr vdo.A bT ASTM MfiW tedw dl d&.m p.d.dltlb Up d hwbd t®Itdbamd•m.wtm.mimtdfd aOm. CDOSTa C. Coroxa a T. 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To EXISTING CONM WALL t'-T t2 t a SLntdud bred ANCKOKS(EIAS.21�p@), DBE IL M.bum.rdr.utdrmd®t wen.p.errmtrb.d.dpt.rmadmadmmaddtaa.rdrrrwsp.dm. dt2eGALv.E70'M61011 AMM a 8.O.C.STAGGERED(a UK ANCHORS(BMB.2 trr MMQ 1L NwliOarmdmpbbmd.trwlmoprblw6o mwemwddrMMB 7S Sb.md.tbbdwlmdm.bm.bbttQ W—MM SMa AMMAM Bdr ASTM AIM And—Ft.m ASTM F104 Grob 3B LIE OF EXISTING DUCK 81ndWTdit ASTM ASW®.bB Ntb ASTMM RAMP DECK 1L Mmm.op .dP.drbbOodwmWrd.M&bc....I—wmmboBw.*— lb Mod bmiptap.trga 4 P.T.2 x 10.FLUSH EXTEND E Wood ^ TT. M.wigtttabe arlw�pt.sdwd�u.A1M6Qarbd.l�p•l.9"400 PD.�ml..dp b L w LANDINGdr hpe r.PdP.mw aMp—ftwftil wb~V;Wm P4 B.1 M—M P4 T SLOPED CONCRETE PAD 1L Nagbe. 'k dwdrh.abepopsSw dT..bYt(a.pMgmdar be bdAw6.omdemMdlhm.tp.dd. v m sp.>lalb..d tmowama p., RAMP R Atyd,piwb m. yt.e.drelbr.nmmSl.ds.gnd1.16Pdr b.ptldmds dapmrFi�.P�i J alpdAe.tr.idbTmb dACLFMdmp dbBf Y 1 Oe ftI -dM 21. MmmelMtpdr- 8ieryotatdtlmmep bwp f(tx.pd} TH. Uw.rbb.sbd.pM.bw abtrda..mi.poad bd.nabc a Ml..dedrb.xan0.pra.dd..b)p3Qilo.Ltr2A ddtd.)aN�tttbd dlr.amdr Owtpa F. DLvhn lcodc P.T.4 x 4 POST d S80'SOW PC POST CAP GALV.JOIST INTERMEDIATE P T.4 xd a D.dpt Uw umft&. 30 W bA dtm.tda. TO ro CONC.SONORIBE 1d2A-O IV1NGERS MM 2 POST UP FOR RALING(TYP.) Flo. 40 papb.p mr) BIG FOOT COMG FOOTINGS ON t 30 oaWsp.aoa q NC CRUSHED STONE BELOW(TYP.) dOpa(Opis Sbdmda) 2L wYd Tp.d 110Pph EM.0 P.T.2 x 10 FLOORJOISTS 27-012Y gp 3RJT - DAVO R.MACLEAN GENERAL NOTES: NL ASSOCIATES ARQBIECiURE 78 SCRAGGY NECK ROAD 1.REVEW ALL FRANjNG DETABS A DMIBQ N.4 d PROPOSED FRAM NG PLAN CAT'AUMET.MA 0'Zsi'4 AR)OHnECr PRIOR To CONSTRIJCTIOK 2 2.RLFIHN TO FLOOR PLANS FOR MOM MIEIMONS. MR'B"AM tA...�BVIGISBdBwIm1H 9.HANG ALL FWSH FRAM®JOISTS ON GALV.JOIST HANGERS VYn 4.ALL DIMENSIONS ARE FROM FACE OF FRAMING UNLESS m}gRMpISE MOTED MPa S.ALL DECK FRAMING TO BE PRETREATED OW.) EXISTING RESIDENCE LIE OF EXISTING ; ; aQa 14'a — WO COMC.SONOTUBE W 2C O (EXIST) (E105Ta m BIG FOOT CONC,FOOTINGS ON r CRUSHED STONE BELOW(M.) I 1 I 2a 119Y EXISTING PT.4:4 POST(TYP.)--� \ I I OF FOOTING TO BE I- LINE OF DOSIWG 4'-O'■BFLOw FINI MGRADE(TWj SLOPEOCOpCRETEPAD id 4'-101/6' 11'l 1M it'd lw EM S EC 1 OEM REVISED: k © 1 1 B/ ISSUED: 7 JALL'15 ALIGN PROPOSED FOUNDATLOR B FRAIIING PUINB � as � Nra' SCALE VB'a1'-T PROJECT NUMBER:2M3X 1 PROPOSED FOUNDATION PLAN _ DEF DRM s I 564 OLD CRAMILLE ROAD WEST HYANNISPORT•MA PRO � - � GB41ERAL NOTES r ' 1.REVIEW ALL DETAILS&DAGDEKINS WITH I ARCHITECT PRIORTO CONSTRUCTION 2 ALL DOIENSIONS ARETO FACE OF FRAMING I UNLESS OTHERWISE NOTED. ` .. 8.FIELD VERIFY ALL DRIDISIONL I I I .x I � 4 YT r v '3_l'i'4-fi`�sY't�i ro i I a I •' iJY I' "'WJk" h r✓ � r,T i2-.+ � r� ti r.'� .nt +f,'t,t r x i _ c .r • �- � .�'`• ` '�,r�4r'�*-0�r- �-s ,�- � ��� � '��"z �.4 s. 3•� .� r 5�00, £7.rr. v"'r. -.` .`tea t' 2~Y -4.-t'C�. 2 TF Ya.1 ... 3Y ter, '.'tr.+ t^'1` x' `ti '. ,,.,. r•--.z_ '1's In�•.lX."di. >_ q _ ,,.Yj't r F Zca t Y fi�,,.e+ r qy,�. - r A�"•7 r x _M 'd-, izl G. rl Iv -•� _ 3�,,, dT �,rs27 t.� E�r. �F+sue 4 r � � _aY�5�� 4�� � ., t c; ��1 r: L F�\5 -u t '�yi t 4i• � 4. :. t 1 � r aka" 4 icy � s tc �t 3 w t s � s - " a -'.''t ., r'e� > _ '�. ,� S'"^'-'�t: Aa 1 E �a$�'" „t' xc � < _ r 5 n„ it'�„Y-"mot_ ham-.. i•--+ x�`� - �y.�_ ° s� w 1 n• 't sC- a :. t.s,.n �� r`r+ s � s.l� '�•....i " '.-,2r# -a=✓-. ; r £•�}�'h ->-T', .'' •x�+'sJ`s`--,i cw �.-.m--'e � s{-:�t t4, ':�r�t t,M,,s_5-�^,r,tr.,-.�.+a„p�.\"'xVa'(x'\[t--^-:.P-r 23.:';ti4.,:.2�-'.-..'��` \ "_>Y �'+s, n.„t r -hwr-.'''�n-Cnr' -"_♦e�e" vT•-�fi,`R..-&r$i'a .. �µ_r'�`r,,..�1-?�sd�''e-r.�.,ea ii-1!d3-�' 1pc�-rnF:x5."vt¢'*"tyfF�22,'s`�V..�-x.+3w:�'"`'` �r ,�3'.'T-^h 9 it �t'..i srr wr�4. �c II '{.« DACMI g AS MTIES ARCHITECTUM w 78 SCRAGGY NECK ROAD 4 � i .-� a ^'�.F:. -'4 .q -=-y} '_ '�- -fi S �dY '. .«r-�- `z. �`,'Gr - _ •wf �s -c" `'-�+: +*-�y��` n �7, 'ss,?-ew r��. 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C • J •{ 2` LINE OF DUSTING OEM - _ - _ , •tiSTCN. � J�, _ - - RAC EXTED DECK x 4 D I 1 \ E MA 1 IA"°SIG D RAMP 2a2STONEPAVERS '� I `.•ti t'T'Crt`--'"d4 . t4 30'd PROPOUY REVISED: DEf.1T.POSTS 8 RALLHIG t 1f2'0 HANDBALL Y DECKING TO - ISSUM 7 JAN.'15 TO MATCJI t MATCH SLOPED CONCRETE PAD I IPROPOSED RAMP PLAN SITE LNFORMATION TAKEN FROM I 'SITE-SEWAGE PLAN FOR 534 OLD SCALE tAT-1'-D' - CRMGVIL ERD..WEST HYANNISPORT.MA I PREPARED FOR JOHN&KATHLEEN SULLIVAN' PROJECT NUMB MIX I r DATED 4 20-Ma SY WEILER&ASSOCIATES.. II45 FALMOUTH RO..SIRE 4C-PA.BOX417 I CERTIIRV¢JE,NeA DEF DRM • � � 1 .1 RESIDENCE WE OLD CRAIGARMS OFCLLE ROAD WEST HYANNISPORT.AAA DAVID R.MACLEAN A ASSOCMTES ARalrecTURE 78 SCRAGGY NECK ROAD CATAUAAET.AAA 0=4 SOBSKASSS wwwAmvkInwodwwU= EXISiHIG REBmENCE ® ® DOC CH POSTS 8IING ® _- TO MAT EgSTIING RAMJM RBdOVED FOR VIEW f . 1 12 "318r-- UNE OF T708TVIG wzm n ' EXISTING GRATXE DECK SKIRT Q TF TO 2 1 120 f W®RAA AAATCH EXISTING DECK 9.OP®CONCRETE PAD REVISE ISSUE@ 7 JAK'15 PROPOSED SOUTHEAST El"ATON SCALE;IB'a T-I' PROJECT NUAABHt 201911 DEF DRM i——I—r ': # w •�,• � ADDITIONS&ALTE RA SULLIVAN i RESIDENC 564 OLD CRAIGVILLE d!t I WEST HYANNISPORT GENERAL NOTES: _ - 1.REVIEW ALL DETAILS B.DIMENSIONS WITH ' ARCHITECT PRIOR TO CONSTRUCTION - - - - 2.ALL DIMENSIONS ARE TO FACE OF FRAMING OTHERWISE NOTED.UNLESS SE S ' . 3.FIELD VERIFY ALL DIMENSIONS - - w. .. n y. i y. - a a e I_ r. DAVID It.MACI &ASSOCIATES ARCHRECI 78 SCRAGGY NECK ROAD ... .... -- ':s. .. _ ��' .� � .. � .. ...... ... I .... CATAUMET.MA 02534 Y a. r ,,• �"` ?' .. 508.564.4656 w .davidrmadeanmm EXLSTING �. m A - RESIDENCE rn .. .... - - ... ..... - GRASS STONE PARKING SPACE ... :. .. .. :'.' _ •fit '44 •���.�" Y.�X,"1 ... r s NE OF TINGoSs DECK c xs 4y� r. BUI `v EXTEND DECK I RAMP. .. �{�i D. I :'. .. ... ' LINE OF EXIST.IeD�CK 1 J LANDING.:. t 1.3 2'x 2'STONE PAVERS - - RAMP ' ... 5'-0' PROPERTY EXIST.DECK .. : ENCROACHMENT REVISED. 11 AUG.1 yy 5 . l e TO BE REMOVED :.I DECK POSTS&RAILING 1112"0 HANDRAIL DECK-10 � � i'. � I. ISSUED: 07 JAN.'15 TO MATCH EXISTING 1,3 MATCH EXISTING SLOPED CONCRETE PAD PROPOSED SITE INFORMATION TAKEN FROM RAMP PLAN . ... "=1' . CRAIGVILLE RD..WEST HYANNISPORT,MA SCALE:1/8 -0" -SITE-SEWAGE PLAN FOR 564OLD .I (RESIDENCE) _ {y'_ (RESIDENCE) PREPARED FOR JOHN&KATHLEEN SULLIVAW I lJF n PROJECT NUMBER:201311 ADDITIONS&ALTERATIONS - SULLIVAN V j' RESIDENCE }, k WESTER ANN SPILLE O T MAD 9 1 1 r DAVID It. ACLLAl ... .. .. .. 8 ASSOCIATES ARCHITECTURE 78 SCRAGGY NECK ROAD :. .. :t.: : -:: _ CATAUMET,MA 02534 . .. - I :. .. .^ - •. w .davlddrmaclean.c 508 .. EXISTING RESIaNCE BEYOND ." e DECK POSTS 8 LING 1 - TO MATCH EXISTING i RAILING REMOVED .. . .. FOR VIEW ... ... ... _• ... .. .. .. ... .. ... t ` Y EXISTING GRADE C . 7j DECK SKIRT 8 TRIM TO .2 1 I r"HANDRAIL !4 MATCH EXISTING DECK 1.3 SLOPED CONCRETE PAD LINE OF EXISTING DECK ... ..wi .. i REVISED: 11 AUG.'15 ISSUED: 07 JAN'15 . _ pROpOSEO SOUTHEAST ELEVATION :. i ... SCALE•tI8' 1'-0' - _ _._ .. .- � ::, � PROJECT NUMBER'201311 NOTE: PROP05ED LOT COVERAGE = 25.G- % PROP05ED LOT COVERAGE (WITH EXCLUSIVE USE EASEMENT) 23.3 ch w PROPOSED FAR = 0.21 �n U w d w U 00 N N 0 z w w EXISTING ® tfn o DWELLING-4 TO BE RAZED ZONING DISTRICT: RB PROPOSED / MINIMUM SETBACK REQUIREMENTS: �P DWELLING FRONT: 20' �-- �`` ! :... .� 2807 5.F. REAR: I O' ' ; ,r MAXIMUM BUILDING HEIGHT: 30' \�, /.r N r f... P G�- ��' i / l lO 5ANDRA DOOREY ASSESSORS MAP 22G PARCEL 109 ��'� LOT AREA: LOT AREA: 1 7G85.3 5.F. �� .��'S 10550.9 5.I~. e� 51TE PLAN Of LAND / FOR l� 5G4 OLD CRAIGVILLE RD. , WE5T HYANNI5PORT, MA ,q PREPARED FOR JCHN * KATHLEEN 5ULLIVAN �../� SCALE: DATE: DRAWN BY: 20' 08-03-201 0 TMW P a — JOB NUMBER: REV1510N: SHEET NUMBER: EVE W. 01 -035 5P-2 �' RU BA y No. 5791 WELLER ASSOCIATES qNo s I G45 FALMOUTH RD., 5UITE 4C — P.O. BOX 417 CENTERVILLE, MA 02G32 2 WINDY WAY, #232 NANTUCKET, MA 02554 TELEPhONE * FAX: (508) 775-0735 EMAIL: triswelier@C0MCa5t.net REGI5TERED LAND 5URVEYOR5 * ENVIROMENTAL CON5ULTANT5 INSTALL R15ER5 COVERS TO 'If E5 TO BE LAID LEVEL FOR WITHIN G" OF FINISH GRADE 2' OUT OF D15TRIBUTION BOX" \: U (SEE PLAN VIEW FOR LOCATIONE)) ` ..' - FOR WATER TEST D BOX ��11 J�) , LEVELNE55 4 FLOW X. o q� �} V 4`� � tQUALIZATION INSPECTION PORT N (SEE PLAN VIEW FOR LOCATION) N EL. I G.O - LQeCV - Q T.O.F. @ � EL. I5.2EL. 13.54"5CH 40 PVCH EL. 17.0 c 4'SCH 40 PVC TOP @ EL. 12.2 ��" Ig•� AD5 I I OOBD BIODIFFU5ER5 T) nC BASEMENT FLOOR INSTALL GAs BaFFLE BOTTOM @ EL. 1 1 .30 IN OUTLET TEE DB- 11 I .90 :Y. N J ..: .... lu @ EL. 9.5 Q -INSTALL TANK t D-BOX ON G" LAYER OF CRUSHED 5' STONE ZONING DISTRICT: RB 1 500 GALLON PRECA'�T MINIMUM SETBACK REQUIREMENTS: SEPTIC TANK FRONT: 20' MAXIMUM GROUNDWATER 51DE: 10' @ EL. G.3 REAR: 10' MAXIMUM BUILDING HEIGHT: 30' NOTE: THIS PROPERTY LIES WITHIN SEPTIC SYSTEM PROFILE THE SALTWATER E5TUARY PROTECTION ZONE. 12 TBM = EL. 17.0 - NAIL 5ET IN POLE Q DE51GN DATA 0 DE51GN FLOW: (3) BEDROOMS x I 10 GPD = 330 GPD �1 SEPTIC TANK: 330 GPD x 200% = GGO GPD USE: 1 500 GALLON PRECAST SEPTIC TANK DISTRIBUTION BOX: 4 I U5E: DB-5 (5) OUTLET BOX 501L ABSORPTION SYSTEM: U5E: (3) ROW5 OF (5) ADS 110OBD BIODIFFU5ER5 EXTENDED 0.75' w/ CONTOURED WEDGES (NO STONE) CAPACITY: �P \ '' !C✓ BOTTOM AREA: GENERAL USE APPROVAL FOR 4.70 5F/LF G OF BIODIFFUSER BI0DIFFU5ER5: 15 UNIT5 x G.25 LP x 4.70 5F/LF = 440.G S.F. CONTOURED WEDGE: 3 ROWS x - ,.` \s O O 75 x 4.70 SF/LF 4501 .2 S.F. /o \ V, TOTAL AREA: DESIGN FLOW PROVIDED: 451 .2 SF x 0.74 GRID/SF = 333.9 GPD O \ \ EXISTING (3) BEDROOM �%\ DWELLING (TO BE RAZED) .................. I PROPOSED (3) BEDR.00OM DWELLING --- T.O.F. @ LL. 17.o GENERAL NOTES i 2807 5.F. (24.7% CO"EKAGE) .............. .. ............ ... ii `. - __ _« 1 . r _ _ c r w ................................... ....:........ .::.. ::::...:.. �,_. 1=n.�� e_ I� . �r 1=P� ,oU .�nATI.R AL , OF A • ,!;;;>;:.........:•:•: ... .;........... .....;::<:;:::•> SAS AND REPLACE WITH :< .;: ;<;<;:<:><<::;: .. >::::.: ::::::: :\ TH CLEAN MEDIUM SAND. ............. .................. .................................... 2. SEPTIC SYSTE M 5 TO BE I N5TALLE::.:.:.::.:.:.:. :......>:>: ::: > : :<: : :::>::< <>:<:;:::::......•.. DIN A ;:;;:.:.:., LOT APNEA. ACCORDANCE WITH 3I O M♦ C R 15.00• TITLE V. 10950. 9 5. F. 3. CONTRACTOR TO BE RESPONSIBLE FOR THE LOCATION OF ANY ♦ ♦ :• ....•: .......:............::>.•::..... : :•:< `:•:•<::•:•>`:::::_:<::: UTILITY ABOVE OR UNDER♦ ....� GROUND, PRIOR TO ANY EXCAVATION .... .•.•:.•.•.•.•.•.•:.•:::.•:::.•::::.•.•:.•.•.•..... OR CONSTRUCTION. I % EXISTING 5?w - i n 4 r ♦ ♦ E r'vED .' ....: w d 4. TH S SEPTIC SYSTEM IS NOT DE51 TO BE♦ >;:>:..... ::•: :•:•:•:•:•:::•:•:•:....:•:•:•:•:•:.:...:.:>:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:... .>:•:•:»:.•:::.•.•:......... GNED FOR THE USE OF A i GARBAGE DISPOSAL. i s i 5. T I HSPA PLAN IS NOT TOBEU SED FO R P•c ........................................................................................... R PROPERTY LINE DE TERMINATION. I��:•:�:✓• RM NATI ON. G. CO NTRACTOR RACTO H RS A LL PR OVIDE 48 HO UR NOTICE T _< C ODE DE51GN EN GINEER R FOP , ANY REQUIRED R Q IRED INSP ECTION 5. ♦ :><:>� I t Jr ♦ ` ♦ f ♦♦ / ♦ `� `� EXISTING 1500 GAL >:•:•: y `. I G `♦ ` SEPTIC TANK �i' ".',i / `�` �;SH OF A%. w `♦ ` �\ �` TO BE RE-USED t�`� �qC' ♦``♦�` ��`` ��� .'� WATERPROOF FOUNDATION WALL ` d DARREN ♦♦ . WITH ASPHALT MASTIC TO A / 12 T� W THICKNESS OF 40 MIL WHEN DRY 00% `% `�`� ♦k-'''' �'�, •�''� �� \ ____ o RU3 9 c„ No. t140 EXPAN51ON , ' AREA -�'`♦♦ `�` �� I A�OF �P S4 �STE ♦ �, ,••'` / O I ES 4 Nl1'AR1P ♦♦ � ✓ \��' / f 9N0 SURV�4 ♦ �� �' ,.' O :��/ DEEP OE35ERVATION HOLE LOGS DATE: 04- 14-20 I O P-12892 51TE -�- 5EWAGE PLAN TEST BY: D. MEYER, RS (C5E #I G 1 4) WITNESS: D. 5TANTON, HEALTH AGENT FOR PERC RATE: < 2 MIN. / INCH .�; DEEP oBSERVATION HOLE #I EL. 14.0 5 G4 OLD CRAIGVI LLE RD. , WEST HYANN 15PORT, MA DEPTH 501L 501L 501L COLOR SOIL FROM HORIZON TEXTURE OTHER SURFACE (MUN5ELL) MOTTLING PREPARED FOR O� _ I O" A LOAMY SAND I OYR3/2 10" - 37" B LOAMY SAND I OYRG/8 {--� C� /� +I7.9 , ,.' 37" - 98" C MEDIUM SAND 2.5Y6/4 JOHN KATI 1LEFN ✓ULLIVAN \O;� GROUNDWATER FOUND @ 90 (EL. G.o) I 5CAi_E: DATE: DRAWN BY: TrI#I `. i 10, 04-20-201 O TMW DEEP OBSERVATION HOLE #2 EL. 15.4 JOB NUME�.: REV1510N: SHEET NUMBER: 1 PORT IN5PECTION DEPTH\` ROM OTHER 0 1 -03 5 5 P- I SOIL 501L 501L COLOR 501L / SURFACE HORIZON TEXTURE (MUNSELL} MOTTLING oil - 9" A LOAMY SAND I 0YR3/2 / 91' - 30" B LOAMY SAND I 0YR6/8 WELLER O I ��PERC TES"1 30 - 1 14 C MEDIUM SAND 2.5YG14 E5 39" - 5I" i / GROUNDWATER FOUND @ 1 13" (EL. G.0) I G45 F�.MOUTH RD., 5UITE 4C --- P.O. BOX 4 1 7 CENTERVILLE, MA 02G32 s 14 �ti INDEX WELL: MIW-29 (ZONE A) 2 WINDY WAY, #232 NANTUCKET, MA 02554 ��� �GQ�t�13'-�: �� G'�,12J. } p'�P{�{, ✓, ��� 3CCS WELL READING: G.0 (03-3 1-2010) ' MAXIMUM GROUNDWATER RISE: 0.3' (EL. G.3) TELEPHONE � FAX: (508) 775-0735 . � EMAIL: trlsweller@ comcast.net + 29 - ,,.A. MILANO CONSTRU ►N REGI 'L. RED LAND SURVEYORS * ENVIROMENTAL CONSULTANTS I ADDITIONS&ALTERATIONS TOWN QF BARNSTABLE II SULLIVAN RESIDENCE I %4 OLD CRAIGVILLE ROAD VVEST-HYAWAS/P QII�I�i T.-M GENERAL NOTES. I Ord�vV I '1�, I 1.REVIEW ALL DETAILS&DIMENSIONS WITH ARCHITECT PRIOR TO CONSTRUCTION 2.ALL DIMENSIONS ARE TO FACE OF FRAMING I UNLESS OTHERWISE NOTED. 3.FIELD VERIFY ALL DIMENSIONS- I I I I I I I Barnstable Bldg.Dept, i Approved by: - I Permit#:____ _li=,62q�� I DAVID R.MACLEAN &ASSOCIATES ARCHITECTURE I' 78 SCRAGGY NECK ROAD - ----- w I CATAUMET,MA 02534 a . I 508.584.4858 Cwwwdaviannaclean.mm m EXISTING RESIDENCE I C i rn I I GRASS STONE PARKING SPACE I I w DECK OF EXISTING BUILDING ar W � T-411rf eras &4, 'I EXTEND DECK I? RAMP D — I �j LINE OF EXIST.DECK— LANDINGo , I 11 1 _ D 1 2'x 2 STONE PAVERS I RAMP �..+�\\/ " 30'-0" -'/��' `—PROPERTY LINE I EXIST.DECK REVISED: 21 SEPV18 ENCROACHMENT DECK POSTS&RAILING 1 1/T0 HANDRAIL DECKING TO TO BE REMOVED ISSUED: 07 JAN.'15 TO MATCH EXISTING MATCH EXISTING SLOPED CONCRETE PAD '/. I PROPOSED RAMP PLAN 1 _ 14'-O'' SITE INFORMATION TAKEN FROM 30'-0' L -"'�'" "SITE-SEWAGE PLAN FOR 564 OLD I SCALE:1/8"=1'-0" (RESIDENCE) (RESIDENCE) CRAIGVILLE RD.,WEST HYANNISPORT,MA PREPARED FOR JOHN&KATHLEEN SULLIVAW I PROJECT NUMBER:2013/1 DATED 4-20.2010 BY WELLER&ASSOCIATES, 1645 FALMOUTH RD,SUITE 4C-P_0.BOX 417 I 'a' CENTERVILLE,MA DEF DRM ADDITIONS&ALTERATIONS SULLIVAN RESIDENCE 564 OLD CRAIGVILLE ROAD WEST HYANNISPORT,MA DAVID ft.MACLEAN &ASSOCIATES ARCHITECTURE 78 SCRAGGY NECK ROAD CATAUMET,MA 02534 508.564.4656 —.davidmacleaa.mm EXISTING RESIDENCE BEYOND ® DECK POSTB, &BALUSTERSS TO TO MATCH EXISTING INTERMEDIATE 1 1?0 HANDRAIL BEYOND - 12 EXISTING PORTION 1 3/8,-- OF DECK&RAILING TO BE REMOVED h 1 V7'O HANDRAIL BEYOND � EXISTING GRADE CONTINUOUS 1 1I2"0 R HANDRAIL BEYOND IR (RAILINGS REMOVED DECKSKT&TRIMTO 2 AILINGTO FOR VIEW) MAT CH EXISTING DECK i. MATCH EXISTING SLOPED CONCRETE PAD LINE OF EXISTING DECK REVISED: 21 SEPT.'18 ISSUED: 07 JAN.'15 PROPOSED SOUTHEAST ELEVATION SCALE:1/8"=V-0" PROJECT NUMBER:201311 tie a DEF DRM 0' 4' A 1 .2 2 RAMP SECTION B-B ADDITIONS&ALTERATIONS SCALE.3M"=T-0" SULLIVAN DECK POSTS 8 RAILING RESIDENCE 70 MATCH EXISTING HANDRAIL 564 OLD CRAIGVILLE ROAD WEST HYANNISPORT,MA Q EXISTING STRUCTURE A G ti R N 'q EXISTING CONCRETE FOUNDATION WALL 1 P.T.2 x 10 FLOOR JOISTS 1.3 01'-0"O.C. P.T.4 x 4 POST W SIMPSON PC POST CAP TO 9'0 CONC. SONOTUBE w/24"0 BIG FOOT DECK SKIRT&TRIM TO CONC.FOOTINGS ON MATCH EXISTING DECK 6"CRUSHED STONE BELOW(TYP.) EXISTING GRADE 4''0' 3'-10 1/4" i I DAVID R.MACLEAN &ASSOCIATES ARCHITECTURE I� L_ ___._ ___._ -_ 78 SCRAGGY NECK ROAD CATAUMET,MA 02534 508.564.4656 www.davidl dean.wm 1 RAMP SECTION A SCALE. 318"=1'•0' EXISTING STRUCTURE—( HANDRAIL \\` EXISTING DECK HEIGHT EXISTING DECK t2 13101 EXISTING CONCRETE 3_0• ___._. - -- FOUNDATION WALL— 12 L7 P.T.2 x 10 LEDGER,FASTEN --__ GALV.JOIST HANGERS(TYP.) DECKING TO MATCH EXISTING TO EXISTING CONC.WALL wl 1IT'0 GALV.EXPANSION ANCHORS(EMS.21/l'MN.), �` P.T.2 x 4 SILL w!5B"0 8"O.C.STAGGERED(3'MIN.C/C) P.T 21.1 10 FLOOR JOISTS -- HOOKED ANCHOR BOLTS -0'O.C.(TYP.) (2)P.T.2 x 10,FLUSH FRAME 12 1 3I8 SLOPED CONCRETE PAD EXISTINGGRADE —P.7.4 x 4 POST w/SIMPSON PC POST CAP i EXISTING GRADE TO 8"0 CONC.SONOTUBE w/24"@ j BEAM POCKET BIG FOOT CONC.FOOTING6 ON 6"CRUSHED STONE BELOW(TYP.) REVISED: 1. g ISSUED: 07 JAN.'15 v g (3FOOT NG CORNERS B FINISHED TTOM FG GRADE,PROVIDE 12"IOFBELOW PROPOSED SECTIONS 3 DETAILS ( / \ 3/4"CRUSHED STONE BASE I SCALE:A3 NOTED L __ ,_ PROJECT NUMBER:2013/1 L J DEF DRM A 1 .3 ADDITIIONS&ALTERATIONS STRUCTURAL GENERAL NOTES: SULLIVAN A, General RESIDENCE 1. Bhuwtra dlaAtlg6 aheA a wed h wnpnww wBt artabaura,mW WNMI,aNchlal,ud Y»p dm�4ps. 2. The BukbVGnhgDutldxg code Worts,P edNM)he naMW�rwWniatneY'Iem9aoMlkaYdarhf9lCodeBRC2WB tIMIM.CMee6atl EXISTING 564OLD ANNISPLLERO �aehp cod nd Slruc tatt!Fill an>. 564 OLD CRAIGVILLE ROAD B. 3, AV boConci one and Stnuied 10 heWEST 3 Aabotasabb aarcedrotM3=pd.1b.o d*mdrsWtlti eroarNf.real onmChrk4l knrwma«.dantdurala RESIDENCE ORT,MA Mvinp a setr bwlrg Ixeturre W 3WD pd.the Glrrer efrN enpge ale a.aluea d a g e-boa la-p-m-radared h bw Cammorreslln or r4asaa...n.ro aeomwo eloade net b.rhp praeaxesald rrbe.lea prapaelba 4. tb bo.natMapomdon ponneoY«in teeroig raw. S 95%ofw Mahe.awepgty a dbaMrun,ecraroM M557.gral'a,aro IN xitMn Waro eompWdro Y.tA orrretlnx.n d7 drMyaM95%at ax ABTMry daneaaMaWrerial pASIM D1 7Lee 6. 40 fae bean al M din scoodarcewd the dry hreport armiwd by ASTM D7(167 uaratl Mlbe on aranaabrta alp ew nee been ramavrJ h s000rtwca with the pegedwdwl report C. Concrete (EXIST.) (EXIST.) 7. AIc..*.atwl eltaetamMnon wmpreaWe strength.1 3DW pal.1211days b. Atl Alnforerg sled detl a debmed era o donnag ro ASTM A615 Grade 60. 9. TMAown fopr Ini-mvr Watt be povided wroWommeM: LINE OF EXISTING I Formes--he evpoeed to earth orreanr art or ertWor I Norotgr 7 BUILDING LINE OF EXIST. Cororatarotetpnadtosadhorwe Dwr Wbsorwob W bama ro ooli a i W to AN Al wna tal ebe*.rel doig.fel oengeywtlhtle Weak pecplaar W remnnandaboiaotthe AG. P.T.2 x 10 LEDGER,FASTEN w/UZO EXISTING DECK TO BE 11. A9 wrAh-isrehforeig b-Mil be tapped 36 ber tlonetars at ap.wa end at camera wilsa ofwmba nalsd.T.M*.w GALV.THRU BOLTS,a 6'O.C. DECK REMOVED ..a-era a nohe.alanua a0tear awrdtrt hods. 1z. STAGGERED(3"MIN.C/C) Grew for age poaMl a ts w4rislallc nuaWlaf grew oen w .g m to ABTM C1107 and eah can a mlrwamr-preewe P.T.2 x 10 LEDGER,FASTEN a r atrargm or6000 pa N 26 days. D. Structural Steel TO EXISTING CONC,WALL FASTEN GALV.HANGER 19. AlehudrxN fkelwoa*mill oomormroMe apedRceeonwaw deep,bdMalbn.are stedion o/anRNatMa wbuWYge eras w/ H 0 GALV.EXPANSION TO EXISTING CONC.WALL MSc. ANCHORS(EMS.2 1r2"MIN.), w11lJ"0 GALV.EXPANSION t'-7 121 I 14 At welding ae.wbrrn n b to code wtaadag etbulft anMnnlwi ofao AIMS. 6'O.C.STAGGERED IT MIN.C/C) ANCHORS(EMB.212 MIN.) 15. Slat installs gal wnierm to the bkwtrg: Sbudural&mM ASTM A992 Bob ASTM A325N Ar 'Rotla ASTM F1564 Grat,35 Shuqural Tubing ASTM A5W Grade B J Nuns ASTM F43 LINE OF EXIST[ DECK Nhawra ASTM F436 O RAMP 16. AI eMp wrxeLa«w gala band«tvsbed.A/rW w do olira eMtl a bided umeae spenllnab noted on&e deelpt do h,". E wood (2)P.T.2 x 10,FLUSH FRAME EXTEND DECK _- 17. Al bmbg m.mara shN Ma raw propaaNa m Six-4n fir Q«better(FM675 pd,E•1,40D,000 pet)...W that wwd poY9 tdell Mve ae propedba o/SDrtres-Foe-Fhdt or beam(Fv700 pa,E-1,300,000 pa} b rn LANDING 18. AN englaered lumber dal have the properlea of Tn»JoY(«a1ryoQ and awl be keblled h-rd.na with Me menuhawere m SLOPED CONCRETE PAD cpedaw5ons ad recgMrar.Mibra 1S. Aay d-psto the rgwredkerber 0-.ew deselpn dwlwrp*4 a suwnmad as sop aewigs eat aLpapw. v b RAMP rabwearw 1«-law by mla W& Fite elwp d,-bV.aea be r&M dwith tM-1 orad d-i anower ragMred h raw Cgmmnwalh o/IMaaaoarNo. 0 1 20. AI 6wh bmtlg awn ua Senp®n r eMf thnar Mngera W"4 Q. 1. 21. Llashave.st"or galvenlzad ale brae wrvodbn...poted toa ft. ftr. 22. Ali Mader.aM.M2-2r10.(for N/aA we%)r3.2x10.(w 7te dW wsN umea rood oftmA.an tla darinpa 23.F. Desion Loads P.T.4 x 4 POST W SIMPSON PC POST CAP GALV,JOIST INTERMEDIATE P.T.4x 4 0eapn lJve Laaas Floral wW WN avers) l.e) TO 8"0 CONC.SONOTUBE d 24"0 MANGERS(TYP.) 2 POST UP FOR RAILING(TYP.) 30 Pat I*m g eras) BIG FOOT CONC.FOOTINGS ON 1.3 40 Pa(ded.6 alwnoa) 6'CRUSHED STONE BELOW(TYP.) 24 N.M Sped 110 mph Exp.C P.T.2 x 10 FLOOR JOISTS t'-0"O.C. I 27-8 lr2'4 s'_(r GENERAL NOTES: DAVID R.MACLEAN 6 ASSOCIATES ARCHITECTURE 1.REVIEW ALL FRAMING DETAILS&DIMENSIONS d ARCHITECT PRIOR TO CONSTRUCTION. ^l PROPOSED FRAMING PLAN 78 SCRAGGY NECK ROAD J 2.REFER TO FLOOR PLANS FOR MORE DIMENSIONS. CATAUMET,MA 02534 3,HANG ALL FLUSH FRAMED JOISTS ON GALV.JOIST www.davidmaclean.com(TYP). wwW.GavN1GaBC10an.Com 4.ALL DIMENSIONS ARE FROM FACE OF FRAMING UNLESS OTHERWISE NOTED(TYP.) 5.ALL DECK FRAMING TO BE PRESSURE TREATED(TYP.) EXISTING RESIDENCE LINE OF EXISTING BUILDING - b xNx 30'-0' y_0' 8"0 CONC.SONOTUBE w/24"0 (EXIST.) (EXIST.) BIG FOOT CONC.FOOTINGS ON 6'CRUSHED STONE BELOW(TYP.) I 7-7 1l4"t i I 7-BOTTOM OF FOOTING TO BE § LINE OF EXISTING DECK 4'-0"BELOW FINISH GRADE(TYP.) I TO REMAIN I to m ( / SLOPED CONCRETE PAD 4'-70114" � 11'-3114" � 11'-31/4" EQ. _ _ 1 BEAM POCKET- 1 REVISED: 21 SEPT.'18 ISSUED: 07 JAN.'15 ALIGN PROPOSED FOUNDATION& FRAMING PLAN SCALE:1/8'-1'-0' PROPOSED FOUNDATION PLAN PROJECT NUMBER:2013/1 DEF DRM a a' F R r-1 1