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0152 PLEASANT PINES AVENUE (2)
l s r G n is w s c I ^ s, • m „ - c w , r i l , Y. n - i Cuni ver .. -sal® s www.myuniversaloo-com phone: 1-866-756-4676 UNV12302 MADE IN CHINA q t MLS Page 1 of 3 Listing Summary C) Listing#20809699 152 Pleasant Pines Ave, Centerville, MA 02632 * Active (10/17/08) DOM/CDOM: 136/13 $382,900 (LP) Beds: 3 Baths: 3 (3 0) (FH) Sq Ft: 1506* Lot Sz: 15681sgft* Town: Barn Yr: 1950* Remarks ,Picture Report Listing Violatic Wow!! This is truly a rare opportunity to own two homes on a 1/2 acre only steps away from a lovely private beach on Lake ,R Wequaquet! The main home is a gracious,recently remodeled 3 bed/2 full "' 1 bath,newer kitchen,2 fireplaces and s formal dining & living rooms. The ten year �pG "' ' young cottage features an open conceptf° . with cathedral ceiling and skylights, oakrt�`f f kitchen, 1 spacious bedroom suite with jacuzzi tub,laundry and large loft area. Additional Pictures -- z .It� '/Ii' , rrlj4�,�rr, rql ! �rrrrrlUrrrltl�((�. Pictures(11) Attached Docs See M; Agent Deborah L Del Negro I (ID: U3410)Primary:508-888-8008 x8183 Office Today Real Estate(ID:TODY1)Phone:508-888-8008,FAX:508-888-8133 Property Type Single Family Property Subtype(s) Single Family Status Active(10/17/08) Town Barnstable Commission Sub Agent Comm. Buyer Agent Comm. Dual Agent Comm. Dual Var Comm 0% 3% 0% No Facilitator Comm 3% Listing Type Excl. Right to Sell Owner Name Joseph C Affanato County Barnstable Tax ID 234-4-0-TOO-BARN Beds 3 Baths (FH) 3(3 0) Approx Square Feet 1506* Sq Ft Source Assessors Records Lot Sq Ft(approx) 15681* Lot Acres(approx) 0.360 Lot Size Source (Assessors Recon Year Built 1950* Listing Date 10/17/08 All Office Remarks call Debby For showings at 508-367-0798.Vacant and easy to show although listing agent needs to be present. Directions to Property Shootflying Hill to Pleasant Pines. Listing Page Commission-Other fac.same as buyer's agent Showing Instructions Appointment Req.,Call Listing Agent,Leave Card/Sign,Yard Sign General Page Zoning , ' RD1 Year Built Desc. Actual Total Rooms 0 Total Levels 1.0 Basement Baths 0.0 Level 1 Baths 0.0 Level 2 Baths 0.0 Level 3 Baths 0.0 http://ccimis.rapmis.com/scripts/mgrqispi.dll?APPNAME=Capecod&PRGNAME=MLSPro... 3/2/2009 MLS Page 2 of 3 ' Basement Yes Basement Description Bulkhead Access,Partial Foundation Concrete,Slab Fndation Wing Width 0 Fndation Wing Depth 0 Irregular No Lot Depth 0 Lot Width 0 Topography/Lot Desc. Cleared Association No Annual Assoc.Fee $0 Assoc.Fee Year 0 Garage No #of Cars #0 Year Round Yes Separate Living Qtrs Yes Sep Living Qtrs Desc Detached, In-Law Apartment Waterfront No Water View No Convenient To Conservation Area,Golf Course,House of Worship,Major Highway,Medical Facility,Shopping Miles to Beach 0-.1 Water Access Beach, Lake/Pond,Private Beach Description Lake/Pond Beach Ownership Deeded Rights Street Description Paved, Public Interior Page. Fireplace Yes Number of Fireplaces #2 Living Room Features Bow/Bay Windows,Built-ins,Fireplace,HU Cable TV,Sliding Door,Wall to Wall Carpet Dining Room Features Built-ins,Cathedral Ceilings,Dining Area, Fireplace,Wall to Wall Carpet Kitchen Features Bay/Bow Windows,Breakfast Bar,Closet,Kitchen Island, Laundry Area,Pantry,Tile Floor Floors Tile,Wall to Wall Carpet Exterior Style Ranch Pool No Dock No Energy Saving Feat Insulated Doors Exterior Features Patio,Exterior Lighting,Private Storage,Screens,Yard,Outbuilding Roof Description Asphalt, Pitched Siding Description Shingle Mechanical Heating/Cooling Natural Gas Water/Sewer/Utility Septic Hot WaterlWater Heat Natural Gas,Tank Legal/Tax Annual Tax $2557 Tax Year 2008 Land Assessments $237500 Improvement Asmt $148800 Other Assessments $2400 Total Assessments $388700 Annual Betterment $0.00 Unpaid Betterment $0.00 To Be Assessed Unknown Mass Use Code 101-Single Family Title Reference-Book 9372 Title Reference-Page 103 Land Court Cert# 0 Underground Fuel Tnk Unknown Lead Paint Unknown Asbestos Unknown Flood Zone Unknown Denotes information autofilled from tax records. http://ccimis.rapmis.com/scripts/mgrqispi.dll?APPNAME=Capecod&PRGNAME=MLSPro... 3/2/2009 MLS Page 3 of 3 Information has not been verified,is not guaranteed,and is subject to change.Copyright 2009 Cape Cod&Islands Multiple Listing Service, In All rights reserved Copyright©2009 Rapattoni Corporation.All rights reserved. Generated:3/02/09 1:34p m PU'WEriEZ3 Ov R•apaton http://ccimis.rapmis.com/scripts/mgrgispi.dll?APPNAME=Capecod&PRGNAME=MLSPro... 3/2/2009 Listing Summary Listing #20809699 152 Pleasant Pines Ave, Centerville, MA 02632 * Active (10/17/08) DOM/CD $382,900 (LP) Beds: 3 Baths: 3 (3 0) (FH) Sq Ft: 1506* Lot Sz: 15681E Town: Barn Yr: 1950* Remarks Wow!! This is truly a rare opportunity to own two homes on a 1/2 acre only steps away from a lovely pri, Lake Wequaquet! The main home is a gracious,recently remodeled 3 bed/2 full bath,newer kitchen,2 firel formal dining & living rooms. The ten year young cottage features an open concept with cathedral ceiling skylights, oak kitchen, 1 spacious bedroom suite with jacuzzi tub,laundry and large loft area. Perfect for< guests or even inlaw scenario. Buyers should confirm with town the usage and restrictions for the cottage of home on a 1/2 acre within steps to the beach for this price; combined assessment is over 500K! 7�' Town of Barnstable F tNE Tp� do Regid orySerycea ; Thomas F.Geiler,Director 9SA MASS.LE,� �?(� is M.moss. ;.{+'+ �IV1S'10% i639. ♦0 Tom Perry,Building Commissioner 200 Maiu.StLeet,6Hyannis,MA 02601 Office: 508-8624038 _ Fax: 508-790-6230 PERMIT# �S I F-3 FEE: $ SHED REGISTRATION 120 square feet or less Vie— ce- L+e t V- 4 Location of shed(address) Village Property o er's name Telephone number Size of Shed Map/Parcel# r• I Y-/d S aide Dae- Hyannis Main Street Waterfront Historic District? 1 Old King's Highway Historic District Commission jurisdiction? c Conservation Commission(signature required) J Q ` 6/a8/os by fiAlVA PLEASE NOTE: IF YOU ARE WITHIN THE JURISDICTION OF ANY OF THE ABOVE COMMISSIONS,THERE MAY BE A REVIEW PROCESS AND APPLICATION FEE. PLEASE SEE THE APPROPRIATE COMMISSION FOR DETAILS. - - THIS FORM MUST BE ACCOMPANIED BY A PLOT PLAN Q-forms-shedreg REV:121901 c�34 �� MAP 234 MAP 234 003 - BOO 004 - BO 005 - Bo ( # 12 # NOIl O 3�9d1SNad9 --- 500Z 8 Z MAP 23-4 MAP 234 4 — MAP 234 003 # 152 005 - TO # 16 # 132 COS c:\conservation.dgn 6/28/2005 3:05:27 PM June 4, 2002 Town of Barnstable Administrative Services Assessors Division 367 Main Street Hyannis, MA 02601 Re: 152 Pleasant Pines Avenue, Centerville Parcel ID: 234004B00 Owner: Joseph C. Affanato Dear Assessors: I am an abutting property owner of the above referenced parcel. I noted that on your records you list this parcel under Construction Details as containing a"COTTAGE" "RESIDENTIAL". I am alarmed at this description. There was a detached garage on the rear of this parcel which was for the use of the house.residents of Parce l 2340047 0U,-the three bedroom house situated towards the street. Mr. Affanato razed the garage and proceeded to construct a single family year round dwelling unit with poured concrete basement, central heat and A/C, full bathroom, laundry, dishwasher, kitchen, etc. I complained to the building inspector and a stop work order was imposed. Mr. Affanato sought relief under two theories but the Zoning Board of Appeals denied his application for residential usage. He appealed to Superior Court but the case was subsequently dismissed. I find no notation of this in your records. I do not believe it appropriate that you list this as a residential cottage. It is an outbuilding. I do not want to be faced with explaining this to any new owner of the property or to have to engage in a dispute with Mr. Affanato over the legality of the structure because the assessors term it a residential cottage. Please check with your Zoning Board and note your records accordingly. l,o v ruly, J. Reardon leasant Pines Ave ueMA0263 erville) 362-6707,v' r Fr t a Peo OR ,�, Town of Barnstable 6- ved Regulatory Services z Fee Thomas F.Geiler,Director Building Division l ���0 Peter F.DiMatteo,Building Commissioner l 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Horne Occupation Registration Date:_��" Q Name: 1R4N1 PS'F " \t° \1 �� Phone#: S2, —Q 7/ Address: 51�tt lip Village: " Name of Business: 4 W01D_e_FA7- Type of Business: Ouj" INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual alteration to the premises which would suggest anything other than a residential use; no increase in traffic above normal residential volumes; and no increase in air or �J groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that g unit. • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings, and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke, dust or other particular matter, odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials, or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. There is no commercial vehicles related to the Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity, and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. ;_. No person shall be employed in the Customary Home Occupation who is not a permanent °{ resident of the dwelling unit. I,the undersigned,have read and agree with the above restrictions for my home occupation I am registering. 'F s Applicant: Date: Homeoc.doc ' S, VA nn - a ao )ado r) 152 Pleasant Pines Avenue Barnstable, Massachusetts Term_ s of Conditional Use January 4,2000 The following constitutes a final agreement between the Town of Barnstable Building Inspector, Ralph Crossen and the Owner of 152 Pleasant Pines Avenue, Mr. Joseph Affanato regarding the terms of conditional use of the accessory guest house built at the rear of the property known as 152 Pleasant Pines Avenue, Barnstable, Massachusetts. 1. The owner is limited to the occupancy of the accessory structure as follows: a. Family members for up to four months each year. b. Occasional non-paying non-family guests not to exceed ten days of the four month occupancy period. No more than four non-'paying non-family members may occupy the structure at the same time. 2. If the owner rents either the main house or the accessory guest house, he must abide by the following conditions a. The other(non-rented) structure must be used exclusively for cold storage. Neither the owner, nor anyone else may occupy the (non-rented) structure. b. The owner must make the conditions regarding the (non-rented) structure a term of any rental or lease agreement. c. The owner must act expeditiously in seeking to evict any renter who violates the lease by occupying the other(non-rented) structure. Agreed To Ralph Crossen Joseph Affanat Building Inspector 152 Pleasant Pines Avenue Town of Barnstable Barnstable, Massachusetts I r ' s 9/13/00 Mr.Affanato was in the office to meet with the Commissioner,who was unavailable. He expressed concern about certain.material in his file that he felt was untrue and that he would like to have removed. I told him that,as far as I knew,once something is put in the file it becomes part of the public record and that I had no authority to remove any material from a file. I g000913a 6L w ae .� Won f-5 C 1 , s, l•• r,; ICK_•. DyV._ .�C-sue - f ---f _0 N q id i ` AC, e�-� _ T-7VAT, U L N L r _ T4"� 1 Iri L 1 +0 -r...__ O__.ht _.._�C l -- '?: 4JtVb,n/&--.- S. ... ._an)_.._ . .Acc��S�c�•'�-y.__us&.._._ _�v�T-._.�to�•t �._. . I I� 1 hi 1 i Y (�{ 01/04/00 15:18 FAX 15089902002 BEAUREGARD&BURKE 4 001 LAN OFFICES OF BEAUREGARD & BURKE THE ANDREW ROBESON HOUSE 1.0.130K 95= IiLI'/.Alll:rll A.n1oMFsoN,rls 11LIP N.13fiA[JR1iGAF.0 J.nMGs fIODGFON PI 32 WILLIAM STREET RICHAR1)F.13[JRKI's,JR. l.eeni.lt�i rnx'C> NEB 1+I DPORD,MA 02741-0952 MICI IAI'T.FRANCo J011N A.MARKEY,JR• T[ON.Wll_f,IAM IL CARia' 4dll ION OFFICE: Q:Coon?r,i. IS$UGVONf311IRI'S1'Rlilil NOSYON,MA 02110 TEL.(508)993-0333 flil.. r-Ax(sos)990-2045 . FAX TRANSMISSION COVER SPIFFY W71 595.0333 DATE: 1 l —O 0 TO: 9P C,," NO: ~^ 508 990-2002 FAX NO FROM: �^. ' 14� FA ( ) NUMBER OF PAGES (INCLUDING THIS PAGE): COMMENTS: a aLlot) umtw, IF YOU DO NOT RECEIVE THE INDICATED NUMBER OF PAGES, PLEASE CONTACT AT(505) 993-0333. 01/04/00 15:18 FAX 15089902002 BEAUREGARD&BURKE 91002 ffN!MFF NO.OF COUNTS I Trial Court of MaSSaC�1usettS'e�, fENDIrR OF PLEA OR ADMISSION District Court Department WAIVER OF RIGHTS ccuRTDIVISION ed or ciintedDANT'NSTRUCTIONS:This corm must be typ 8af nStabie I]IStiICt CQU�t dearly,completed prier to the Pretrial Hearing,signe vl)y both counsel and submitted to the court by th Route 8A iefendant at or before the Pretrial nearing. 4 BSfraStSblB Ma �2630. TENQER.CF PLE" + ;xi . ,:,,.,,�..:..,;..�.+.,�. , -5• Defendant in this case hereby tenders the following: _— PLEA OF GUILTY ... ADMISSION TO FACTS SUFFICIENT FOR A FINDING ou GUILTY t)e ed terms(guilty finding, finding of sufficient facts,continued without finding, M conditioned on the dispositionai terms indicated below. include all proposed (9 y dismissal,fine, costs,probation period and supervision terms, restitution amount including the identification of the recipient of restitution,and any sentence of incarceration,split sentence or suspended sentence;etc.).Number each count and specify terms for each count separately, DEFENDANT'S DISPOSITIONAL TERMS PROSECUTOR'S RECOMMENDATION COUNT (Required if Prosecutor disagrees with terms) NO. (Check"Yes"if Prosecution agrees—Check"No"if Prosecution disagrees) ( G I -� U 1� YES 1 cwc4-- (S MIDS � I 1-0............... �� p F N ' .. ... . o.. .... : .... .. YES 0 7 !' NO i�- ..... Sa y ... ..................... . YES M NC ... .... ...... _........ YES, I NO WE HAVE CONSULTED WITH THE PROBATION DEPAF1TFAENT REGARDING A Y PROBATiON TERMS SET FORTH ABOVE. SIGNATURE DEFENSE COUNSEL GATE S1 F P SECUT FFICER DAT� I X X PLEA' DNI:IS;S10'N"ACCERTED 13Y'::TNE'.v,0 SEC: N sll; . .:' n.. , �f The Court ACCEPTS the tendered Plea or Admission on defendant's terms set forth in Section 1,and will impose sentence in accordance I with said terms,subject to submission of defendant's written WAIVER(see Section tV.on reverse of this form),completion of the required oral COLLOQUY,a determination that there is a FACTUAL BASIS for the Plea or Admission,and notice of ALIEN RIGHTS. PLEAOR:AD,m:1.1351 M;REJECTEDiBYTHE:CQU:RT' The Court —1 REJECTS the defendant's dispositional terms set forth DEFENDANT'S DECISION IF COURT REJECTS TENDERED above and, in accordance with Mass. R:Grim. P. 12(c)(6), has sat forth PLEA OR ADMISSION: to the defendant the dispositional terms it would find acceptable,to wit: - Defendant WITHDRAWS the tendered Plea or Admission; the parties must complete and file a Pretrial Conference Report, a Pretrial Hearing must be conducted and a trial date scheduled,if necessary. Defendant ACCEPTS terms set forth by the Court,a Plea or Admission will be accepted by the court and said dispositional terms imposed, subject to submission Of defendant's written WAIVER (see Section IV on reverse of this form), completion of the required oral COLLOQUY, a determination that there is a FACTUAL BASIS,for the Plea or Admission,and notice of ALIEN RIGHTS. i SIGNATURE F J DGE ACCEP N FIRE TiNG PLEA OR DATE SIGNATURE OF DEFENSE COUNSEL(It resection decision made) DATE ADM ISSIO , / 3�X D -cR 22(BIgE 01/04/00 15:20 FAX 15089902002 BEAUREGARD&BURKE_ _ 0 003 SECTION IV DEFENDANT'S WAIVER OF RIGHTS G.L.c.263,.§6 &ALIEN:RIt'aHTS NOTICE .G.L.c.278,, 29D. I, the undersigned defendant, understand and acknowledge that I am voluntarily giving up the right to be tried by a jury or a judge without a jury on these charges. I have discussed my constitutional and other rights with my attorney. I understand that the jury would consist of six jurors chosen at random from the community, and that I could participate in selecting those jurors, who would determine unanimously whether'1 was guilty or not guilty. l understand that by entering my plea of guilty or admission, i will also be giving up my right to confront, cross-examine. and compel the attendance of witnesses; to present evidence in my defense; to remain silent and refuse to testify or provide evidence against myself by asserting my privilege against self-incrimination, all with the assistance of my defense attorney; and to be presumed innocent until proven guilty by the prosecution beyond a reasonable doubt. I am aware of the nature and elements of the charge or charges to which i am entering my guilty plea or admission. i am also aware of the nature and range of the possible sentence or sentences. My guilty plea or admission is not the result of force or threats. It is not the result of assurances or promises,other than any agreed-upon recommendation by the prosecution, as set forth in Section 1 of this Corm. I have decided to plead guilty, or I admit to sufficient facts, voluntarily and freely. I am not now under the influence of any drug, medication, liquor or other substance that would impair my ability to fully understand the constitutional and statutory rights that I am waiving when I plead guilty, or admit to sufficient facts to support a finding of guilty. i understand that if I am not a citizen of the United States, conviction of this offense may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization, pursuant to the laws of the United I S es. SIGN T RE OF OEF NDANT u is fr� )15��•'; Y V— ,47-�r— :SE 7fsJ.A9 V'; ;°.:, ..:_..,,.r._.: :•: . .; DEFENSE.C"O.IJNSEL"''.5,'GSRi'.IFt.CATE;(G`:L:"c. 218,' '26'A'" As required by G.L. c. 218, § 26A, I certify that as legal ccunsel to the defendant in this case, I have explained to the defendant the above-stated provisions of law regarding the defendant's waiver of jury trial and other rights so as to enable the defendant to tender his or her plea of guilty or admission knowingly, intelligently and voluntarily. B.6.O.NU.- D ATJ SIGN RE OF DEFENSE COUNSEL � ,.1:•;' Nat :;'i�:r - :! �• J�1 l�lCj Fir ATIO.N:� I,the undersigned Justice of the District Court,addressed the defendant directly in open court, l made appropriate f inquiry into the education and background of the defendant and am satisfied that he or she fully understands all of his or her rights as set forth in Section IV of this form, and that he or she is not under the Influence of any drug, medication,liquor or other substance that would impair his or her ability to fully understand those rights. I find, after an oral colloquy with the defendant,that the defendant has knowingly, intelligently and voluntarily waived all of his or her rights as explained during these proceedings and as set forth in this form.. . After a hearing, I have found a factual basis for the charge(s) to which the defendant is pleading guilty or admitting and have found that the facts as related by the prosecution and admitted by the defendant would support a conviction on the charges to,-Which the plea or admission is made. I further certify,that the defendant was informed and advised that if he or she is not a citizen of the United States, a ' conviction of the offense with which he or she was charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization, pursuant to the laws of the United States. !SIGNATURE OF JUDGE DATE X. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map '�.3 -�- Parcel 0,0 + Permit# � Health Division ` Date Issued Wao 2000 Conservation Division g Fee Tax Collector Treasurer v ,ef owq ' Planning Dept. Date Definitive Plan Approved by Planning Board + f Historic-OKH Preservation/Hyannis } Project Street Address Village Owner —To 5;e C. n,j M 1�o Address S. ���-� � c� 1 dp Telephone D — ' S . Permit Request e- :x If—hi (_ &P Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total new Valuation Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size �� .0- Grandfathered: 3KYes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family 0 Multi-Family(#units) Age of Existing Structure 4tD e-,:r Historic House: ❑Yes 0 No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑full ❑Crawl 0 Walkout . ❑Other St 14 L Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing / 1,ye new Half:existing new Number of Bedrooms: existing —��# ,a new Total Room Count(not including baths): existing J�1„ new First Floor Room Count SIg -Heat Type and Fuel: )(Gas ❑Oil 0 Electric ❑Other Central Air: ❑Yes ANo Fireplaces: Existing ko New Existing wood/coal stove: ❑Yes ;M(No A10Detached garage:O existing ❑new size Pool: 0 existing 0 new size Barn:O existing ❑new size !Nb Attached garage:O existing O new size Shed:O existing ❑new size Other: Zoning Board of Appeals Authorization O Appeal# Recorded❑ Commercial ❑Yes V1 No If yes, site plan review# Current Use (� SAdd * .� Proposed Use BUILDER INFORMATION` Name Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE p� J,� wu� J,•e�` . - FOR OFFICIAL USE ONLY R ,!' PERM IT`NO. D1ISSUED .. R d s✓^ P MAP/PARCEL NO. y x,%pF^„, } a '�rj r .... .• 1. ��1 +.•• + /r 'q.'- ,µr• - w _.. - _ �• ADDRESS . _. �VILL•;AGE W t # f£I r OWNER, t i � i �», r �- . •. tom„- ;�= _ �- '" � �� '`- 2 DATE OF INSPECTION � ' >� � �-; - ,�'• FOUNDATION FRAME INSULATION 4 _ FIREPLACE ELECTRICAL: ROUGH -FINAL PLUMBING: ' ROUGH FINAL GAS: ROUGH - FINAL w FINAL BUILDING ' � .. . ..• _ - _ - 3 i i It DATE CL OSED OUT ASSOCIATION PLAN NO. The Town of Barnstable 7F 1HE T Department of Health Safety and Environmental Services N Building Division '* BAMSPABIZ ' 367 Main Street,Hyannis MA 02601 MASS. 9� t639. ArED MA'I A t Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner HOMEOWNER LICENSE EXEMPTION � Q �-1 Please Print DATE: '""e 2/eo JOB LOCATION:/` nu r Z"'� t village —Z— � "HOMEOWNER": � s �� 3 ❑ 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 inore: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 Aartment minimum inspe&tion procedures and requirements and that he/she will comply with said . edures an requirements. tur 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 as 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 to amend and adopt such a form/certification for use in your community. Q:FORMS:EXEMPTN The Commonwealth of Massachusetts Department of Industrial Accidents oflalrestigatioos 600 Washington Street Boston,Mass. 02111 ``'' Workers' Compensation h isuu/rance Affidavit name: location: ,� w V / hone# SO city le°— (LeI am a homeor performing all wor myself. ❑ I am a sole�r rietor and have no one working in anv capacity /.�,.-• er rovidin workers coin ensation for my employees working on this job. ❑ I am an employ p ,g ..:::.. .... comDnnv name: address: .......... citv- olicv#::...:. . insurance co. ❑ I NO am a sole proprietor, general contractor, or homeowner(circle one)and have hired the contractors listed below who have the following workers' compensation polices: co moanv name: address: ' ...:p one city: ::... ,. . . :::;>::: ..... .: oiicv .i;;.. insurance co. / .:::....:::................. .. ... .. .. ..... ... camnnnv name: "' address: . <:.... :,:..::-.. ,. . ...: honed;:::, :..:'.,:::< ':>.::>:::-:': :;-::::;' city: .... - ._ :::::..,: ,::::;:;;;::••:;:.:::::;:is;:::;<;:;:::';>:::;:T;'; i' :'ii J i'<'i:` •`i`i i`:r3:"1` insurance co. - - r %% n of criminal penalties of a tine up to$1,500.00 and/or Failure to secure coverage as required tinder Section 25A of MGL 152 can lead to the tmpamtio one vears'impri.+onment as well as civil penalties in the form of a STOP WORK ORDER and a tine of 5100.00 a day against ma I understand that a copy of this statement maybe forwarded to the OlIIce of Investigations of the DIA for coverage veriflmtiom I do hereh rtify under the pains and penal' of perjury that the information provided above is tru.-and correct Date - Signature Phone# Print nnm y: o�iici:i use only do not write in this area to be completed by city or town official, permit/license# ❑Building Department a cite or town: ❑Licensing Board } ❑Selectmen's Office ❑ check if immediate response is required ❑Health Department phone#; ❑Other contact person: Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their oted from the"law",an employee is defined as every person in the service of another under any contra employees. As qu . 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 or the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver " association or other legal entity, employing employees. However the owner of a trustee of o individual,Parmeflm apartments alma who resides therein, or the occupant of the dwelling house of dwelling house having not more than three another who employs persons to do maintenance, construction or repair work an such dwelling house or on the grounds c building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renef of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who h: not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shaU enter=0 any coact for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill in the workers' compensations affidavit carnpletelY,by checking the box that applies to your,situation and supplying company names, address and phone numbers along with a certificate of insurance ash affidavits to may and submitted to the Department of Industrial Accidents for confirmation be of insurance coverage• date the affidavit. the affidavit should be rct urned to the city or town that the application for the permit or license is Accidents. Should you have any questions regarding the`9aw"or if yc being requested,not the Department of Industrial are required to obtain a workers' compensation Policy please call the Department at the member listed below. Immoglippm! pi City or Towns e be sure that the affidavit is complete`and P legibly. The Department has provided a space at the bottom of t Pleas has to contact you regarding the applicant- Please affidavit for you to fill out in the event the office of a sere to fill in the peimrt/license number which will be used as a reference number. The affidavits may be rebi riaR fe be the Department by main or FAX unless other have been made- wouldlike to thank you in advance for you cooperation and should you have any questions. The Office of Investigations . please do not hesitate to give us.a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Me of Inllestl0adons 600 Washington street _ Boston;Ma. 02111 fax#: (617) 727-7749 phone#: (617) 7274900 eat. 406, 409 or 375 oFt�rqy, ,SZAg�.�. : The Town of Barnstable 9� 116 p. ,0$ Regulatory Services Thomas F. Geiler, Director Building Division Ralph Crossen, Building Commissioner 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date D 00 AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW. SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: Estimated Cost VAP_/J ...�_�;.._--�Addiess=of Work. .: Owner's Name. 22 Date of Application: I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied /51)wner pulling-own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. OR Date Owner's Name q:forms:Affidav r _ DOCKET NO. �` CRIMINALS COIUI':PLAIVT Trial Court of Massachusetts ° 9825 CR 004222 District Court Department DEFENDANT NAME C0614T-`NAME&'`ADD6ESS JOSEPH AFFANATO BARr5TAB E I'S RwCOURT DEFENDANT DOB DATE OF COMPLAINT ---[DATE TFOFFENSE NO.OF COUNTS '�✓ `��ROUTE 6A, P�O. BOX427 11/05/98 /02/98 2 BARNSTABLE MA 02630-0427 OFFENSE LOCATION POLICE DEPT.OF OFFENSE (5 0 8) 3 6 2-2 511 BARNSTABLE BARNSTABLE POLICE DEPT. POLICE INCIDENT NO. ARREST DATE WARRANT ON COMPLAINT DATE ARRAIGNMENT SCHEDULED FOR 11/25/98 The undersigned complainant, on behalf of the Commonwealth, on oath complains that on the date(s) indicated the defendant committed the offense(s) listed below and on any attached pages. 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on OCTOBER 2, 1998 did UNLAWFUL ACTS OF THE BUILDING CODE. ' DID OCCUPY OR CHANGE THE USE OR OCCUPANCY OF A BUILDING OR STRUCTURE. , in violation of 780CMR CH1 of the City or Town of BARNSTABLE. 2. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on OCTOBER 2, 1998 did DID USE SINGLE FAMILY DWELLING AS A MULTIPLE FAMILY DWELLING, in violation of CH3 SEC. 3-1.1 of the City or Town of BARNSTABLE. r SIGNATURE OF COMPLAINANT SWORN TO BEFORE ME X X JACK GILLIS CLERK-MAGISTRATE/ASST.CLERKIDEPUTY ASST.CLERK ZCI 11/05/98 2:08 PNI 3 , APPLICATION NO. NO E�TIC �TO COMPLAINANT Trial Court of Massachusetts OF CLERK'S HEARING 9825 AC 015311 District Court Department M � DATE OF APPLICATION DATE OF OFFENSE _ CITATION NO. NO.OF COUNTS COURT NAME&ADDRESS 10/2 8/9 8 10/0 2/9 8 2 BARNSTABLE DISTRICT COURT LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, P.O. BOX 427 BARNSTABLE BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427 NAME AND ADDRESS OF DEFENDANT (5 0 8) 3 6 2-2 511 JOSEPH AFFANATO DATE OF HEARING F 152 PLEASANT PINES AVE 11/0 5/9 8 COMPLAINANT MUST APPEAR AT CENTERVILLE MA 02632 TIME OF HEARING ABOVE COURT ON 2 : 00 PM THIS E DATE AND SCHEDULED EVENT CLERK'S HEARING (G.L. c.218, § 35A) NAME AND ADDRESS OF COMPLAINANT JACK GILLIS TOWN OF BARNSTABLE PO BOX 2430 HYANNIS MA 02601 FIRST SIX COUNTS 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL 2 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL _TO THE ABOVE-NAMED.COMPLAINANT: ......__.___ You are hereby notified that a hearing on your`application for a criminal"complaint against the above named defendant will.be held at this court by a magistrate-on the.date and time indicated. If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the court. If you fail without good cause to appear at the hearing, the application will be dismissed. _DATE ISSUED CLERK-MAGISTRATE 10/28/981 ATE NCI6N:'ESTE ES UN AVISO ORCIAL DE LA COUTE.SI USTED NO SABE LEER INGLES,OBTENGA UNA TRADUCC16N. ATTENTION:CE9I EST UNE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.SI VOUS ESTES INCAPABLE DE LIRE ANGLAISE,OBTENEZ UNE TRADUCTION. ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZIONE. ATENCQAO:ESTE E UM AVISO OFICIAL DO TRIBUNAL.SE NAO SABE LER INGLES,OBTENHA UMA TRADUQAO. LdUU-Y:DAY LA THONG BAO CHINH THUC CU-A{TOA•AN,NEU BAN KHONG DOC DUOC TIENG ANH,HAY TIM NGUOI DICH HO. on 0 CH2 10/28/98 2:12 PM 3 APPLICATION NUMBER(COURT USE ONLY) APPLIC TI N ER ADULT Trial Court of Massachusetts FOR CO P INT ❑ JUVENILE District Court Department The within namUted "lamant requests that a complaint issue COURT DIVISION q P El �I REQUEST HEARING against the wited defendant,charging said defendant with l J'r the offense S IOW,. ❑REQUEST REQUEST SUMMONS ( w WARRANT (one or more felonies) NO.COUNTS POLICE DEPT.CODE POLICE INCIDENT NO. OFFENSE DATE OFF.LOCATION CODE ARREST DATE CITATION NO.(if applicable) LAST NAME FIRST NAME MIDDLE NAME Af fanato Joseph ALIAS NAME(LAST,FIRST,MI) STREET ADDRESS 152 Pleasant Pines Avenue CITY STATE ZIP HOME PHONE Centerville MA 02632 CITY OF BIRTH STATE OF BIRTH SID NO. PCF NO, LICENSE STATE MARITAL STATUS SEX ETHNICITY HEIGHT WEIGHT COMPLEXION HAIR EYES FT IN LBS ` ��>'��` �'�' � „" �` � � �y "�O�FEIV�E�INFORIA�fiION� r•�� �' r�`� "� � ,� , CHAP./SEC./SUB. DESCRIPTION OFFENSE DATE 1. 780 CMR Ch 1 Unlawful Acts; Notice of Violation; 980LEj(j.QVjCllt j NAt IE ac e CHAP./SEC./SUB. DESCRIPTION OFFENSE D T 2 Ch 3 Sec 3-1.1 Did use single family dwelling as a mul iple l�/2/98 VARIABLES'(e.g.VICTIM NAME/WEAPON/C UB E/ & /O V CHAP./SEC./SUB. DESCRIPTION OFFENSE DATE 3. VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED.SUBSTANCEITYPE&VALUE OF PROPERTY/OTHER VARIABLE) CHAP./SEC./SUB. DESCRIPTION OFFENSE DATE 4. VARIABLES(e.g.VICTIM NAME/WEAPON/CONTROLLED SUBSTANCE/TYPE 8 VALUE OF PROPERTY/OTHER VARIABLE) IS DEFENDANT IF NOT IN CUSTODY,BAILED TO COMPLAINANT(OFFICER CODE OR NAME AND ADDRESS) CO-DEFENDANT NAME(S)IF ANY IN CUSTODY? Jack Gillis YES . Consumer Affairs. Divisioln NO 0 M. DATE TIME 2310 South Street WITNESS(ES)(OFFICER CODE(S)OR NAME(S)AND ADDRESS(ES). Hyannis, MA 02601 NAME AND ADDRESS OF EMPLOYER(S)OF DEFENDANT MOTHER'S MAIDEN NAME(LAST,FIRST,MI) FATHER'S NAME(LAST,FIRST,MI) EMPLOYER PHONE DEFENDANT WORK PHONE OCCUPATION DESCRIPTION OF INCIDENT(or attach on separate page) X 1"'A 10/28/98 SIGNATURE Qb OMPLAINANT DATE DC-CR2A(8/93) P 339 '89c:,278 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to G Vl. c3 Street&Number Post Office,State,&ZIP Code Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee 0 Return Receipt Showing to Whom&Date Delivered Return Receipt Showing to Whom, Date,&Addressee's Address 0 TOTAL Postage&Fees $ ef! Postmark or Date 0 LL a Stick postage stamps to article to cover First-Class postage,certified mail tee,and charges for any selected optional services(See front). 1.If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service m window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the Q) return address of the article,date,detach,and retain the receipt,and mail the article. + rn 3. tl you want a return receipt,write the certified mail number and your name and address Cl) III on a return receipt card,Form 3811,and attach it to the front of the article by meaneof the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the C addressee,endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. to 6. Save this receipt and present it if you make an inquiry. a — r� ai SENDER: I also wish to receive the ,v_ ■Complete items 1 and/or 2 for additional services. H ■Complete:items 3,4a,and 4b. following services(for an W ■Print your name and address on the reverse of this form so that we can return this extra fee): ti_ card tb'you. E ai ■Attacti-this form to the front of the maila ece,or on the back ifs ace does not a p 1. ❑ Addressee's Address permit. y N Wnte'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery v, C ■The,Return Receipt will show to whom the article was delivered and the date a C delivered. Consult postmaster for fee. 0 v 3.Article Addressed to: 4a.Article Number d 4b.Service Type 0 tiIr (S �— ?1��5c�--t; � A lye ❑ Registered Certified a I a � � c � ° C� `jZ ❑ Express Mail ❑ Insured (n 0-ffetum Receipt for Merchandise ❑ COD a7.Date of De ivery 11 ' -m 5.Recei d_ By:(Print Name) 8.Addre see's Address(Only if requested I-W Lori nd fee is paid) C I ¢ I- 6.SV �' Ad ress e o ger °a, t ii �iii it PS Fo 811, beq6mber 1994 Domestic Return Receipt UNITED STATES POSTAL SERVICE Ool� 1 * Print your name, �� rpsp,f�'d ZIP CO i ---j Town Of Bambblis BUlldhM OhMOn a W NgfilSL ftnl3,MA OW &(J /sue /�:a`^'.�:� fi..��•� IIIId illiIIIIIII1111111111d idi II if HIM III III III i d [Hill see> .'. T rom-t-TO e 7� n of Barnstable He saxivsraai.e, ---� ,�' Department of alth Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner April 4, 1997 Joseph Affanato 152 Pleasant Pines Avenue Centerville,MA 02632 Re: 152 Pleasant Pines Avenue,Centerville Map/parcel 243/004 Dear Mr.Affanato: We are sorry you have chosen not to cooperate with this office regarding your cottage. It is i important that you contact this office at once. Sincerely, Ralph M. Crossen Building Commissioner RMC/km { Certified Mail P 339 592 278 R.R.R. at =F , �I Town of.Barnstable Building Department Complah4nquiry Rep* �P' Date: q-7 Rec'd by. Assessor's No.: �FFA,��� - Complaint Names Location /5� e Address: �U 3 R v! F 4' - 0 M/P Qriginator Narne: '`' f dive s Tc street: 13 Plfcl�l , Zip: TelcpIionc: D/>r r I Complaint Q . � /f �TP fl C U IP Description: IN AV r UM �Afg(wLO S K rrr A.' i -- <ry; Inquiry 0 F�l C , N�� /�lio,��P G�,pc lc Dcscriptiorr: r� PvPv/tPS E �ru9 Sy -e- t ` �N IT t4?�. PS r•o o t r a L a w P r `:ZO v,-,7Z fJ iT shoe 2 CoMpe ,0 7e' y �/OGl SiPA7` ,%/� r CjP�cl P cd l0r4tP ? f'� U/l< P%F' ~/ - t, 7 r'e j For !lice Ilse OW, � Gv0akI ��aso/✓A A UCH` CYR X Inspector s io/( � ,u/i � �O�PD2 i� C F �' � � p 9'P S � % r s e✓�C'!-c� .0 Action/Comments D IN vriq , Follow-up Psi�,c°��� ` vf4(1;CPo s C-s Action 6 1p/Ati) C`P N S/�F C r q C r LO kP 1fi R- �I S'� ���. T- G�.:.e�-� .,. r �FTHE Tn. 0 ri' a Town of Barnstable sARNMBLE, 9q, " Department of Health Safety and Environmental Services ArFD Me+" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner TO Tom Geiler FROM Al Martin/lb REGARDING Mr.Affanato DATE Wednesday,November 6, 1996 Last Friday afternoon,November 1, 1996,Mr.Affanato came into the office to speak to Bob Weston regarding a final inspection on his new structure. While Mr.Affanato was in,I spoke to him about his hearing at Court in the morning and what he was doing in the rear building. He informed me,he was trying to get final approvals by Tuesday, November 5, 1996,so he could leave for Florida,asked for and received the phone number of the home he was staying at. My next contact with this project was a phone call I received Saturday morning,November 2, 1996,from Judge Reardon,regarding work being done on the building. I assured the Judge that I thought that Mr.Affanato had the right to work on the building but he had no right to live in it. Evidently,this was not what Judge Reardon wanted to hear and I felt that he insinuated that I looked the other way when it came to this project. g961106a' 10 16 96 234 004 B00 }£ AFFANAT0 t E,° 152 � PLEASANT PINES AVENUE ARNSTABLE E ,a OSEPH REARDON 362-2511 X485 y p Mr. Reardon said Mr. Affanato is living in the 2nd structure. He has separate gas&electricity-beds. Renting the main house to Richard Barber (362- 4434). Said Mr. Barber would aiiow bidg. inspector to inspect the property. V? �f - y 4�' vy E2 356 MALO EY E E 10 16 96" M SEN tE. r : �( 4t 4 'a. E 1 E'"E 1 t.. "EEE(���• id �EE�u €. 3�a .. 1... u•E EE _z.1 €.., tE? .. �€ttE ,.,. B=szr e AFFANATO 152 PLEASANT PINES AVENUE ARNSTABLE OSEPH REARDON E �€ •i• „;€E .snit 4 362 2511 X485 a t 3 or4 Mr. Reardon said Mr. Affanato is living in the structure. He has separate gas&electricity-beds. r p Renting the main house to Richard Barber (362- �€ 4434). Said Mr. Barber would allow bldg. inspector to inspect the property. E x.. :.'I�. t.... r.iE•€' Yl :� .t...t.. p 1' — � (�/ � 1,� ,/ - �C l��C� E�•\�:E {U UEC E rs € << 69C,17'-- O'er 7�Cli�/ E Enx' q h zU"n P• S •E I'.... � !i E� u:' � �E��'tI"h� E ,..,. I�,.t .Ji'.t :• :.ut.t.. �.'u• \'€� .�Et,t '. E a uti'E� ,1 >„Z EEL E'•i,E'r�t. 5 c .. ...... .:•.:::.BRI HAM k < ... E R EN .............. ::::::::::::..:::: :::::::::.::::::.:::::::::::::.::::::.:::.::::::::::::::::.:::::.......::::::::::.::::::::::::::::.::::::::::::::::::. <.;:.;:. FF A :::::: O ....:::::................: � € K:.. SAVE :. RN TABLE ....................... :.::.:......«.::.::.:;;;:.;:.;::.;:. N. REARDON > . »> >> >< PINES AVE, BARNSTABLE .:::::::.:::::::::::::::::::::::::.......: DO ATTANATO RIPPED DOWN HOUSE AND <: NEW BUILT B N ONE, U O NO PERMIT RNED D WN BY ZBA. LIMN NOW O G IN NEW ` >STR RE.UCTU TALK TO TENANT IN MAIN HOUSE E ALLE D MR. BA RBER. COULD BE » »:<:»»>:::< « .......BOAR D OF H EALTH ISSUES.. : <:. «««:::.::«.: ::>:<:>::>::>::>:<::« ::«::<::;::»>::>: w U av X/ tv h r i ti A s Si . ............ cl .......... TOWN OF BARNSTABLE, MASSACHU-SETY BUILDING.NO a PERMIT A234.004.Too ✓ DATEay 1 9 P Rf 95 Nn 37686 E ni . APPLICANT Joseph C. Affanato ADDRESS 152 Pleasant Pines Ave. , Centerville, MA BUILD ACCESSORY (NO..) (STREET) (CONTR'S LICENSE) Accessory Use NUMBER OF PERMIT TO STRUCTURE (_1 ) STORY 4 Months Per Year DWELLING UNITS N/A (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) AT (LOCATION) 152 Pleasant Pines Avenue, -Centerville, MA ZONING DISTRICT. (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: Sewage #94-399 AREA OR VOLUME 616 square feet ESTIMATED COST $ 28,000.00 PER 50.00 (CUBIC/SQUARE FEET) OWNER Joseph Affanato BUILDING T. ADDRESS 152 Pleasant Pines Ave. , Centerville, MA BY SE.. -ONDITIONS AS STATED IN LETTER DATED MAY 1, 1995 s�O '! BU ILD�I N GP E_ Rf111i 1` VJ, O,FyBARNSTABLE, MASSACHU'SE ,, , E. 19 - 95 PER'R!!f�NO +'�• 686 3:? APPLICANT .JOSeph. C. Affariat0'. ADDRESS 1�52 'Ave. , •C.enteryille,. BUILD ACCESSORY,/ tNo 1 S.7R EET) i vy (CON7R S LICE NSEI Accpssory`Use, NUMBER OF PERMIT TO STRUCTURE" - ('. 1 )- STORY 4 Months" er Year DWELLING UNITS r N/A (TYPE OF IMPROVEMENT) NO .� :.:- (:PR OPO,SEDU SE).: AT (LOCATION) 152 Pleasant Pines Avenue. Centerville• MA ZONING . _ DISTRICT- j,(NO ), ^� .� .. (STREET) BETWEEN AND _. t - (.CROSS STREET_,. (CROSS_ STREET). - ... - LOT SUBDIVISION froT --BLOCK - SIZE J - •BUILDING IS TO BE FT. WIDE BY FT, LONG BY FT, IN HEIGHT AND SHALL"CONFORM IN CONSTRUCTION TO TYPE USE GROUP ' BASEMENT'WALLSOR FOUNDATION .(TYPE) IMRKS: Sewage #94-399 a _ AREA OR - - PERMIT nn VOLUME 616 square feet - - ESTIMATED-COST $ 26,000.00 FEE 50.00_ (CUBIC/SO DARE FEET) - ? y OWNER ���Joseph�Affanato - - _ a - BUILDING PT.; ADDREs .:152, Pleasant- Pines_ Ave.; .:Cente:rville,--MA _ BY ONDITIUNS AS STATED IN LETTER`DATED MA'Y ;1, 1995 J • TOWN OF BARNSTABLE` BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION ---------------------- Please print. DATE JOB LOCATION2_4 9!r. Number Street address f1� Section of town "HOMEOWNER" -roo sog s e 4 Nam Home phone Work phone PRESENT MAILING ADDRESS ?/ Age. e731 iF t of@S � M2 S-5-min L 94T cd.#�x 2.to 3 :2 City/town 1 State Zip code The current exemption for "homeowners" was extended to include owner-occupied dwellings of six units or less and to allow such homeowners to engage an in- dividual for hire who does not possess a license, provided that the owner acts as supervisor:. DEFINITION OF HOMEOWNER: Persons) who owns a parcel of land on which he/she resides or intends to re side, on which there is, or is intended to be, a one to six family dwelling, _.. attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"- shall submit to the Building Offica on a form acceptable to the Building Official, that he/she shall be responsibl for all such work performed under the building ermit. (Section 109.1.1) The undersigned "homeowner" assumes ,responsibility for compliance with the Sta Building Code and other applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the Town of Barnstable Building Department minimum inspect' n procedures and requirements and that he/she will com y with said proce s and _ equirements. HOMEOWNER'S SIGNATURE APPROVAL OF BUILDING OFFICIAL Note: Three family dwellings 35, 000 cubic feet,. or larger, will be required to comply with State Building Code Section 127. 0,' Construction Control. HOME OWNER'S EXEMPTION . The co2fe state that: "Any Home Owner performing work for which a building permit is required shall be exempt from the provisions of this section (Section 109. 1. 1 - Licensing of Construction Supervisors) ; provided that if Home Owner engages a persons) for hire to do such work, that such Home Owner shall act as supervisor. " Many Home Owners who use this exemption are •unaware that they are assuming the responsibilities- of a supervisor (see Appendix Q,tl Rules and Regulations for licensing Construction Supervisors, Section 2. 15) . This. lack of awarenes often results in serious problems, particularly when the Home Owner hires unlicensed persons. In- this�case our Board cannot proceed against the inlicensed personas it would with licensed Supervisor. The Home '•Owner" actin as supervisor is ultimately responsible. To ensure that the Home Owner is° fully aware of his/her responsibilities, man communities require, as part of the permit application, that the Home Owner certify that he/she understands the responsibilities of a supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. ; . ; lone To wn of Barnpable • a►wvsrABM - tee$ Department of Health Safety and Environmental Services 116 �59. � Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner For office use only Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement, removal, demolition, or construction of an addition to any pre-existing owner occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions, along with other requirements. il. ?I �i O Type of Work: �,��_ o Co aZ O O O �- Address of Work: 5 Owner Name: all, Date of Permit Application: I hereby certify that: Registration is not required for the following reason(s): Work excluded by law Job under$1,000 Building not owner-occupied Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS .FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor name Registration No. OR Dat Owner's name l� ...O•1 f�r..m ... -r, .. 122 _...._ _ .. ,n(1 y � ( 1)U loizwea[tli of �111a,�iaclzttdettj — aUaPartirtenE o�J`�friaC.J�cccdentd 600 WULV&E ..S't.t on n/am g-_ to 02111 i James J.Campb?!' t , commissiwap Workers" Compensation Insurance Affidavit (aotxixc/ ) with a principal place of business at: 2 5 2,t-,� 5 J41le (Gty/SeseeJZ#p) do hereby certify under the pains and penalties of perjury, that: O I am an employer provid'mg workers' compensation coverage for.my employees working on this job. Insurance Company. w Policy Humber O I am a sole proprietor and have no one working for me in any capacity. ( I ama sole proprietor, general contractor o homeowner (circle one) and have hired the contractors listed below who have the following wo ers' compensation policies: Contractor Insurance Company/Polity Plumber Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number I am a homeowner performing aH the work tyself. 1 en.derstind; _: co; of d is s�tement will to forv::rded to tie of ice of inveyd xiens of thhe 01A for coverage verification and thatfaiiure to secer< ce verzie<<ree.:.ed under Scction 25A of MGL 1 U cza lead to dhe Imposition of criminal penzi6es consisdne of a fine of up to S 1,500.00 ana/er c years' impriscn^en;;s well as civil penalties in the form..cf,STOP WORK ORDER and a fine of S 100.00 a day against mc. Signed this day of 1"► , 19 Li nseelPermi a Building Department Licensing Board r Selectmens Office Health Department TO VERIFY-COVERAGE INFORMATION CALL: 617-727-4900 X403�,/404, 405, 409, 375 TOITN* :_)ARNS ABLE 3l'ILDI`;G '_'ER., T Ralph Crossen April 13, 1995 Building Inspector Town of Barnstable Hyannis, Mass . 02601 Re: 152 Pleasant Pines Ave. Centerville, Mass . Dear Mr. Crossen: Enclosed you will find my . building permit application for the accessory building located at the rear of the above referenced premises . As per the enclosed plan, the building contains 616 square feet of total space, 298 square feet of which .will be residential living space. The remainder will consist of an office, storage and utility space. All aspects of the structure itself, including the roof line are . in conformity with zoning. Despite that fact and the expense involved, I agree to reduce the height of the roof line. I understand that insofar as the use of the structure for residential purposes is concerned, that residential use will be accessory to the use of the principal residence. As owner, I will be the principal occupant of the primary residence. The use of the accessory structure for residential purposes will be for friends, family, and guests . Such use for residential purposes will be approximately 120 days of the year. It is also my understanding that in commencing work pursuant to any building permit which you issue in accordance with the foregoing, such work does not constitute a violation of the cease and desist order issued by your department in October of 1994, as both the structure itself and the use of the structure will be in conformity with current zoning in Barnstable. Very truly yours, Joseph Affanat TOW14 OF BARNSTABLE BUILDING DEPT p APR 13 '1995 [GCEQ �� � ,v. mA ffiS ��g�.+*�� WM ry � . i 1x''a.'}�.n'y'."`jl� � Ft Yl lj ■V - ` TOWN OF BARNSTABLE, MASSA USETTS I A=234 004 T00 yl. DATE July 29, 1.94- PERMIT NO. NQ .3692�6 -WIAPPLICANT Joseph Gallant-J. kffana�-o ADDRESS L 1' �`����" Path, W. armour (NO.) (STREET) -. (CONTR'S LICENSE) STORY Rebuild dwelling 1 single family dwellingNUMBER OF PERMIT TO 7 (_) DWELLING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) AT (LOCATION) 152 Pleasant Pines -Avenue, Centerville DISTRICT--ZONING RD 1 (NO.) (STREET) I BETWEEN - AND (CROSS STREET) - _ (CROSS STREET) - . r-: LOT SUBDIVISION LOT BLOCK SIZE j i BUILDING,IS TO BE-FT. WIDE BY FT. LONG BY - FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS, Sewage #94-3999 ' AREA OR 32,000 FEE PERMIT S 50. 00 VOLUME 616 sq. ft. ESTIMATED COST s (CUBIC/SQUARE FEET) OWNER Joseph Af fanato ADDRESS 152 Pleasant Pines Ave, Centerville BUILDING DEPT. i Uv p C ro I T LP >j ro" Cc- 00 a��a�►S- IaS��� U I 4 lo N t fr 1� v a 3 s -0 ° O S D W 1 ° ° 3 s y p u ' � 01 • � K Y - 1 y o � A 0 PROTECT: DRAWN BY. maxis+in9 Goti-ays�.enovai-ions C O xENNFTH'S9DYEN AYSOnAIFY t-V •J0ISPCPH.'y■"f`r—A•Y AT-O 3 LOCATION: O unso s f� ICermesh'Sadler Aewctates_. I�w�n,.,.�/: . �'—,ear wT"Iroxev....•wmlvq�cav ISY� t 5 2 pleayank pines.��l. ��w�Txe ,�•-F:. �.a✓wNp:caGpLn[/i�93 .-reNdartbl•cannro I O vn eanes•Hy.nna�.uo�ot --- Gentervillev MA _ __ _ _:-508.790.9922.�,..:!,.e_ tlu••�,��e'.wmv� . � 76S-6 Assess4' Office 1st floor. Map Lot dD y: Off Permit# ��,7 - I d t D ,.conservation Office 4th floor , -- 3A A Date Issued L � Board of Health Ord floor Tw S l Engineering Dept. Ord floor House# Vram UST BE p_ i SEEM STAL PLIANCE 19 5 (Applications processed 8:30-9:30 a.m.& 1:00-2:00 p.m.) ENVIRONM CODE AND TOWN REGULA11ONS TOWN OF BARNSTABLE Building Permit Application' Protect Street Address Q',Og t Ave,. n ke r vi lie, ,,A4 c 0'2 6�2 Village �2y�i Qx �.'i l Fire District c A+v- vJ11c- -f ®Sie w,'Lh (honer get,. F-gApjt-o Address Telephone 4/g3 q _ �-f Permit Rcquest: FMr AC.0 2 SSort S 1 f U C�vtc No eft ee c,Sr � hck% _�10•rKGc �IC . • Zoning District Flood Plain Wy Water Protection Ara Lot Size Grandfathered yes Zoning Board of Appeals Authorization Recorded Current Use t- S iv fliQQ t-nf �Q Proposed Use S Q.,, < Construction Type yyoa J Fr4�e Existing Information Dwelling Type: Single Family Two family Multi-family Age of structure 41f yetvi ou Basement type Y2 eM vNcA je i1,wc - (0,2 CrLi t 1 Historic House (10 Finished Ao Old King's Highway V�o Unfinished Number of Baths l No.of Bedrooms 1 Total Room Count(not including baths) 3 First Floor Heat Type and Fuel Gee Central Air ne Fireplaces Zo Garage: Detached A/n Other Detached Structures` Pool Attached Barn None Sheds Other Builder Information L Name TOS AUgYt4, t- g$te). (,cLlsr✓9- Telephone number 3�2—yy3� - 7Go�37�Y ` Address Ica pl eA f t-r rPd.,e f License# 44 U2 LT2 Home Improvement Contractor# AP14 Worker's Com usation NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN (AS BUILT) SHOWING EXISTING, AS WELL AS PROPOSED STRUCTURES ON THE LOT. � ALL,CONSTRUCTION DEE�US RESULTING-FROM-THIS PROJECT- WILL-BE-TAKEN-TO - - --- -- - - --- ro'ect Cost o 0 1 �,$. Uc� ,a Fee Sv' SIGNATURE DATE Q 3 -� BUILDING P RMIT DENIED FOR THE FOLLOWING REASON(S) BPERM T , FOR OFFICE USE ONLY t 4114/95 37643 �� a 234.004.T00 a ,c+ 152 Pleasant Pines Avenue Centerville y ADDRESS VILLAGE . Joseph Affanato ' 7 OWNER _ DATE OF I SPECIIOO N: t - -' _ FOUNDATION INSULATION FIREPLACE 7 ELECTRICAL: 'ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING`4° r•, DATE CLOSED OUT.'lA4 _ 0. ASSOCIATE PLAN NO. n-A J J ,� i y �THE Tqt� Orhe _EALNnABM Town of Barns able ,bss. Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office; 508-790-6227 Fax: 508-790-6230 Ralph Crossen Building Commissioner May 1, 1995 Mr. Joseph Affanato 152 Pleasant Pines Avenue Centerville, MA 02632 . _ 'Re: Building Permit No: 37643 152 Pleasant Pines Avenue,Centerville, MA Dear Mr. Affanato: As we discussed or,;{ridav, Apra 28, i 995, the enclosed building permit(#37686)with the following restrictions replaces the above referenced building permit(#37643). Restrictions to Building Permit Number 37686: I. The structure is accessory to the front house and, as such, Mr. Affanato will live.in the front home and use the accessory structure for his immediate family only to visit (i.e. two sons with families and ex-wife). 2. Use is restricted to four months per year as follows: the last two weeks of each month, except January-April during which the structure will not be used at all. 3. Living space will be restricted to 298 sq. ft. maximum. Accessory use of the rest of the structure is permitted: -1 Sincerely, Ralph M. Crossen , Building Commissioner RMC/km ti • TOWN OF BARNSTABLE ZONING BOARD OF APPEALS MINUTES OF OPEN AND PUBLIC MEETING February 15, 1995 A regularly scheduled and duly posted hearing for the Town of Barnstable Zoning Board of Appeals was held on Wednesday, February 15, 1995, at 7:00 P.M., in Barnstable Town Hall, 367 Main Street, Hyannis MA. Zoning Board of Appeals Members: Gail Nightingale, Chairman Ron Janson, Vice Chairman Richard'Boy, Clerk Emmett Glynn, Vice Clerk Dexter Bliss Zoning Board of Appeals Alternate Members: Elizabeth Nilsson Thomas DeRiemer Robert Thorne Gene Burman Richard Boy being absent still, a quorum was met and the hearing was called to order by Chairman Gail Nightingale at 7:25 P.M. Also in attendance were Ralph Crossen, Building Commissioner, Art Traczyk, Principal Planner and Diane Kentfield, Board Secretary. Summary--New Business: Appeal No.1995-19SP--Cumberland Farms Continued to 4/5/95 7 PM Appeal No. 1995-20--LIFE, Inc. Continued to 3/l/95 9 PM Unfinished Business: Appeal No. 1995-04 --Akselrad Continued to 3/15/95 7 PM Appeal No. 1995-05 --Akselrad Continued to 3/15/95 7 PM Appeal No. 1994-116 - Affanato Upheld Appeal No. 1995-18 --Affanato Denied y ka Zoning Board of Appealerings February 15,1995 Appeal Number 1994-116 and 1995-18: Affanato Chairman Gail Nightingale said we did receive the new information but cannot accept it because the hearing was closed for further testimony. Board members sitting on this appeal are Gene Burman, Tom DeRiemer, Emmett Glynn, Ron Jansson and Chairman Gail Nightingale. Ralph Crossen, Building Commissioner said he went out and saw the property as it now stands but he had never seen it before it was taken down. Presently it is bigger as far as bulk. He can not tell if it is more square footage but it seems so by about 60 sq. ft. based on pictures submitted. He said the garage was a living structure and limited. Now it is certainly bigger and this is permanent and not limited. It has been reconstructed to be a separate dwelling with a full foundation and heat. The second story acts as a loft and was never finished. It has open studs and looks like it can be two stories. The Board asked if the applicant would consider eliminating the loft. Attorney Kirk said the revised plan eliminates the loft. The Board then provided a public opportunity to view the plans: Judge Reardon spoke in opposition to plans. FINDINGS: Appeal 1994-116 by Ron Jansson 1. Zoning was adopted in 1951 in this district. 2. Until 1960, according to the tax records, there were no accessory buildings on this lot. 3. In 1964 an accessory building was moved to or constructed on the lot. 4. During this time the locus was zoned Residential B which allowed only one residential dwelling on a lot. Furthermore the accessory use by law provided that such use must be customary and incidental to the primary use of a residence. , 5. Although testimony has been given of the accessory use it was for habitation, but was transitory and temporary and not at this point customary and incidental on the lot with the single family dwelling. 6. The accessory use on this lot at this time was not an allowed accessory use of a ` separate dwelling but was an extension of a primary dwelling as evidenced by the testimony of no kitchen, no hard water line out to this facility and no cesspool for this structure. 7. The assessor's records through 1972 did not note a separate residential use. Second: Emmett Glynn VOTE: AYE: Gene Burman, Tom DeRiemer, Emmett Glynn, Ron Jansson and Chairman Gail Nightingale. y 5 Zoning Board of Appealarings February 15,1995 Based upon the positive findings a motion was made by Ron Jansson to sustain the Building Commissioner's decision in Appeal Number 1994-116. Second: Emmett Glynn VOTE: AYE: Gene Burman, Tom DeRiemer, Emmett Glynn, Ron Jansson and Chairman Gail Nightingale. NAY: None ORDER: The Building Commissioner's Decision has been upheld in Appeal Number 1994-116 --Affanato. FINDINGS: by Ron Jansson In Appeal Number 1995-18 Affanato which is for continuation of a non conforming use. 1. The property is located at 152 Pleasant Pine Road in Centerville on a .5 acre parcel in a one acre Zoning district. 2. There are two structures on the lot. One is a dwelling not at issue. The other was moved or constructed there in 1964 or 1965. 3. Under Zoning Ordinance Section 4-4.2 for non conforming uses to allow the use of a second building as a dwelling. 4. The garage did not predate zoning and is not a legal existing non conforming use. 5. The accessory use that the petitioner claims was used as a temporary dwelling and a garage. 6. The garage, as used, is not a non conforming use. Second: Emmett Glynn Board Member Gene Burman proposed an addition to the findings that the change as proposed would be more objectionable and detrimental to the neighborhood and would intensify the congestion of the area. VOTE: AYE: Gene Burman, Tom DeRiemer, Emmett Glynn, Ron Jansson. NAY: Chairman Gail Nightingale. Based on the findings a motion.was made by Ron Jansson and seconded by Emmett Glynn to deny the request for a special permit in Appeal Number 1995-18 -- Affanato. Seconded: Emmett Glynn VOTE: AYE: Gene Burman, Tom DeRiemer, Emmett Glynn, Ron Jansson. NAY: Chairman Gail Nightingale. ORDER: Appeal Number 1995-18 --Affanato is denied. y 6 TOWN OF BARNSTABLE ZONING BOARD OF APPEALS -- MINUTES OF OPEN AND PUBLIC MEETING February 1, 1995 95 - _ A regularly scheduled and duly posted hearing for the Town of Barnstable Zoning Board of Appeals was held on Wednesday, February 1, 1995, at 7:00 P.M., in Barnstable Town Hall, 367 Main Street, Hyannis MA. Zoning Board of Appeals Members: Gail Nightingale, Chairman Ron Jansson, Vice Chairman Richard Boy, Clerk Emmett Glynn, Vice Clerk Dexter Bliss ZoningBoard of Appeals ppeals Alternate Members: Elizabeth Nilsson Thomas DeRiemer Robert Thorne. Gene Burman Richard Boy being absent still, a quorum was met and the hearing was called to order by Chairman Gail Nightingale at 7:00 P.M. Also in attendance were Ralph Crossen, Building Commissioner, Art Traczyk, Principal Planner and Patty Mackey, Acting Secretary as Diane Kentfield, Board Secretary is absent. Summary--New Business: 1995-11 V Shell Withdrawn without Prejudice 1995-12V Shell Withdrawn without Prejudice 1995-13SP Shell Withdrawn without Prejudice 1995-14SP Shell Withdrawn without Prejudice 1995-15SP Atlantic Amusements Granted with Conditions 1995-16V Atlantic Amusements Granted 1995-17SP Affanato Denied 1995-18SP Affanato Continued for Decision only Unfinished Business: 1994-105V Donahue Denied 1995-03 V Heath Granted with Conditions 1995-09V Knox Withdrawn without Prejudice L994-116A' Affanato Continued for Decision only 1995-1OV Robinson and Chase Granted with Conditions Zoning Board of Appe*earings !. February 1,1995 3. Minimum Lot frontage requirement is 20 feet in this zone and the proposed use satisfies the 20 feet setback from Main Street however impinges upon Pine Street's 20 foot set back. 4. Based upon the use of the property in question, according to the site plan submitted, there would be no other place on the property to locate the carousel. 5. Based upon the above findings a hardship would be created should this variance not be allowed. 6. The relief being sought is due to topographical conditions that exist on the site in terms of the footprint of the existing building as well as the lay out of the utilities that run underground. Second: Ron Jansson VOTE: AYE: Emmett Glynn, Ron Jansson, Elizabeth Nilsson, Robert Thorne and Chairman Gail Nightingale. NAY: None Based upon the positive findings of this Board in Appeal Number 1995-16 --Atlantic Amusements a motion was made by Rob Thorne and seconded by Emmett Glynn to grant the requested variance as per plan submitted. VOTE: AYE: Emmett Glynn, Ron Jansson, Elizabeth Nilsson,Robert Thorne and Chairman Gail Nightingale. NAY: None ORDER: Appeal Number 1995-16 —Atlantic Amusements for a variance to front yard set back requirements has been granted as per plan submitted. Appeal No. 1994-116—Affanato Continued for Decision Only Joseph Affanato, represented by Edward W. Kirk, Esq. has appealed to the Zoning Board of Appeals the Cease and Desist Order of the Building Commissioner on or about October 14, 1994. The property is referenced as Assessor's Map 234, Parcel 004-T00 and is commonly addressed as 152 Pleasant Pines Road, Centerville, MA in an RD-1 Residential D-1 District. Appeal No. 1995-17—Affanato Denied Attorney Edward Kirk representing Joseph Affanato has appealed to the Zoning Board of Appeals for a Special Permit to Section 3-1.1 (3)(D), for a Family Apartment. The property is referenced on Assessor's Map 234 as Parcel 004TOO and commonly addressed as 152 Pleasant Pines Road, Centerville, MA 02632 partially in a RD-1 Residential D-1 District and partially in a RF Residential F District. Appeal No. 1995-19—Affanato Continued for Decision Only Attorney Edward Kirk representing Joseph Affanato has appealed to the Zoning Board of Appeals for a Special Permit to Section 4-4.2 Non-Conforming Uses to allow two 11 Zoning Board of AppeW[earings February 1,1995 residential structures on one lot. The property is referenced on Assessor's Map 234 as Parcel 004TOO and commonly addressed as 152 Pleasant Pines Road, Centerville, MA 02632 partially in a RD-1 Residential D-1 District and partially in a RF Residential F District. At the hearing of December 14, 1995: Sitting on this appeal are Board Members: Robert Thorne,Elizabeth Nilsson, Emmett Glynn, Ron Jansson and Chairman Gail Nightingale. Attorney Edward Kirk represented.the applicant and read a letter Dated December 8, 1994 requesting to continue this hearing to January 18, 1995. In the mean time another appeal will be filed with this one for a non conforming use. After discussion Chairman Gail Nightingale continued this hearing until February 1, 1994, at 7:30 P.M. Tonight at the hearing of February 1, 1995: Sitting on this appeal are Board Members: Gene Burman, Tom DeRiemer, Emmett Glynn, Ron Jansson and Chairman Gail Nightingale . It does not matter that other members were sitting on this hearing last time as no testimony was given. All cases regarding Affanato will be heard together. Attorney Kirk distributed a memorandum to Board members and one for the file including affidavits for documentation. His argument included photos in which accessory structures were being used as residential dwellings in the local vicinity. He suggested that the structure in question has been either rented or leased frequently in its history. He is now seeking only a limited use for Mr. Affanato as he has leased his own house out and for privacy he would like to have a family apartment to live in for himself. Septic system is sufficient. Attorney Kirk said the builder has received a sign off from the Board of Health. The problems started when Judge Reardon complained to the Building Inspector who issued a stop work order. Therefore the appeal was filed. In retrospect the affidavits speak to the history of the building in 1958 the addition to the garage was made into living quarters for a friend of the family. The permit was issued as accessory and was a lawful use. The tax bills reflect this fact. With a non-conforming use it may continue.with same footprint, same purpose, no changes and no impact to the neighborhood. Therefore the stop work order should be lifted or a special permit ordered. However the Board felt his arguments were in juxtaposition with the zoning ordinance regarding the prohibition of having two residential structures on one lot in the RD-1 district. The applicant additionally has not been able to meet the requirements of a family apartment. There was an affidavit from John Joakim, Jr. in the memorandum stating that the "cottage"was built in 1971 however no building permits for that construction were on file. This is where it appears the legal usage was breached. Ralph Crossen, Building Inspector added that on July 25, 1994 Mr. Affanato submitted a sketch plan with documentation regarding the building. He seems to have added to the DO 12 I Zoning Board of Appealstearings February 1,1995 • footprint by 6 square feet and increased the height replacing an existing cottage previously non-conforming into a specific and separate dwelling. He had no plumbing permit. Arthur Traczyk, Principal Planner said that at minimum this appears to be an expansion of a pre-existing non-conforming use. The Board said the nature of the use as a seasonal cottage, as this building was first used; indicates that there would be no heat and at best had only been a temporary residents but- the use now has definitely:expanded and no permits have been issued to allow the_ expansion. Public Comment was requested: Favor: Mr. Affanato and the builder Joseph Gallant - C opposition: Judge Joseph Reardon expounded on the expansion issues-of this case and added that they had poured a concrete foundation for a full basement. He complained at the work had not completely stopped after the stop work order was issued.. Hentended that the use had.been abandoned at some point and that the zoning.ordinance ys you cannot have two houses on one lot and it is a significant, substantial change to a`4 on-conforminguse. He expressed the present usage was very detrimental to theighborhood. FINDING Ron Jansson gave the findings that were seconded by Emmett Glynn that regarding 1995- 17 for family apartment: there is evidence that this would not be a principal year round use in violation of section 3-1.1 (D). VOTE: AYE: Gene Burman, Tom DeRiemer, Emmett Glynn, Ron Jansson and Chairman Gail Nightingale NAY: None A Motion was made by Ron Jansson and seconded by Emmett Glynn to deny the request for a family apartment in Appeal Number 1995-17 —Affanato. VOTE: AYE: Gene Burman, Tom DeRiemer, Emmett Glynn, Ron Jansson and Chairman Gail Nightingale NAY: None ORDER: Appeal Number 1995-17-- Affanato is denied. Chairman Gail Nightingale then closed both Appeal Number 1994-116 and Appeal Number 1995-18 for further testimony and continued these hearings for decisions only until February 15, 1995 at 7:15 P.M. Appeal No. 1994-116—Affanato Continued for Decision Only Appea l No. 1995-18—Affanato Continued for Decision Only 13 Zoning Board of Appeals Hearings February 1,1995 Chairman Gail Nightingale then made a motion to accept the minutes of the January 4, 1995 and the January 18, 1995 meetings. R VOTE: AYE: Unanimous NAY: None Appeal No. 1995-10—Robinson and Chase Granted with Conditions Elizabeth C. Robinson, Kevin P. Chase and Carole A McOdrey-Chase have petitioned the Barnstable Zoning Board of Appeals for a Variance to Section 3-1.4(5) Bulk Regulations regarding minimum lot area in order to alter the bounflaiyiline between their lots. The properties are referenced on Assessor's Map 36.as Pariels'13 and 12 respectively and are commonly addressed as 689 and 699 Main Street, CQtuit;MA 02635 in a RF Residential Zoning District. /f Board members sitting' n this appeal are: Ron Ja�n'sson, Elizabeth Nilsson, Emmett Glynn, Gene Burman, Chairm Gail Nightingale. Op ned on January 18, 1995, this hearing was continued until tonight,F b 1, 1995. At the meeting of January , 1995: '+✓f Mark Robinson representin he group aidthe house is an old sea captain's home built over 100 years ago. They ac fired a /chase and Sales agreement last fall. The buyer's attorney saw a defect in the tit l The boundary line has a problem with clarification needed. This problem occur/ eyears ago when the purchase from Elizabeth Glover had no engineered survey done e deed with the property next door now overlaps the boundary lines. On January 18,;9 they said they would bring a new plan back when its it is re-drawn. Their propose; plan, la .fled as Exhibit F and the Variance Decision 1990- 47 are both in the file packag`. The Board informed gtheplicants that it appears the buildings were not built in accordance with theed permit which world mean the applicant created their own hardship. The applicant/ laims the Chase deed is erroneous and that created the hardship. An ANR was never/o ed in the former appeal\A Special Permit maybe needed instead of a Variance, t may need a modification 6Fnon conforming lots by a Special Permit. _ - On February 1, 1995: �� � Mark Robinson represented his mother Elizabeth Robins n and Kevin Chase again represented himself. He explained there never was a legal-off e created between the two lots. Now they would like to correct the deficiency. Both lots are undersized under present zoning. They are seeking a variance to the bulk regulations to deal with this problem. They submitted the new survey that the Board had requested last time. There is a pending Purchase and Sale agreement for the Robinson lot therefore there will be a significant, financial hardship if this variance is not executed. 14 1_ f le --- - - Ile T- own of Barns 61e z'zPM., , irftneu� of Health Safety and Environmental Services guilding Division 367 Main Street,Hyannis MA 02601 Office: 509-790-6227 Ralph Crossen Fax: 508 1';0-6230 Mriv �. 1*99f Judge Joseph J.Reardon Pleasant Pines Avenue Centerville,MA 02632 RE: 152 Pleasant Pines Avenue,`Centerville,MA Building Permit Number 37686(which replaced-37643) Dear Judge Reardon: I have read your letter of May 2, 1995 and I will respond as follows. The Zoning Board of Appeals decision of February 28, 1995 upheld my Cease and Desist on the construction of the building by Mr. Affanato due to his proposed use. In the findings for that decision,condition#5 said,"although testimony has been provided that We. accessory use in this building was for habitation of a transitory and temporary nature,it is not customary and incident l er,21ct wnrh a sinrie fom1l;r ti 7eiiip_g." My reading oftnis is that,given the way Mr. Afianaio was going to use this structure,which was to live in the rear building and rent out the main house,it was not customary and incidental on a lot with a single family dwelling. In other words,the way he wanted to use it was not as an accessory use. The current ordinance language Section 2-3.6(1)states: "Residential District: unless otherwise specifically provided for herein,within residential districts,only one principal permitted building shall be located on a single lot." I understand your dismay on this issue,but when Mr.Affanato proposed to move into the front house and preserve the rear house as a guest cottage,in my opinion,he changed the proposed use from,in the first case,a second primary dwelling on one lot which is illegal,to an accessory use to the primary dwelling which is legal according to the language in Section 2-3.6(1),and custom and practice in Barnstable over the past several decades. Does the language in 2-3.6(1)allow guest cottages? I think it does. Sincerely, Ralph M. Crossen Building Commissioner RMC/km cc: Robert Smith,Town Attorney Gail Nightingale,Chairman,Zoning Board of Appeals Q950505A f ' , i F /� PwWl i // // • I l . • �/ / / /_� T . 1 � � r < r � * .. r. fi r _ �. ` .. � i l M' a. � 1 � r _ � �1 ' - y � 1 r k - • r � t4 } {' Y � � � 1 � . { ' S r ' f y i ,j �i �: ' r r �_ • � �� +a • o + + / � S• � r, ��� w y f .. -.. •' ` � ��� .� � �� £ I k. P - 1 ey+ !' 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' - ! /wil i • � MIR X jr PFi PIN WAKITAC P i i a• MA, v 6 � � ° € Y - � � 'jy t � � P f - .. r E+' r r' - r f Ls l� � / f �, .. , .�i ..• • � 1 r � f ` � . ' � A .f x � � f r .f ..� r .j ' 0 ' . � r _ , � w • � � t� � � ' �� .. _ ..!' '' ti _ .� .. � r � Iw' _ � � .. � M: r` w •.. � � ` .+ ,✓ .+ � � � w i � P y . '' '� � _ - .l ,. i i / % � / s Awl i WO r -W-I r e-Ma rMO ; ` / r • �n *•' a !' t ✓r - v ` Y Y i o4oew �. III II II III III II III • � 36513 rab_ III7u�,�, „ zan � � l � � � � � � � � ! , : . T(. CF BARNSTABLE, MAS !iUSE I TS _ A=234 004ii _ _ DATE iul-J 29, 119 4 PEF�MIT NO. �� - 3692.6 ' APPLICANT Joseph Vahan'--i EifidliQl.o ADDRESS 'z N1 Q"7000! Paul, YJ, armUUJ:l (NO.) (STREET) - (CONTR•S LICE'•'f NUMPERMIT TO Rebuild 0-welling ( 1 ) STORY S"19"e family dwelling DDWEBERNGOF UNITS (TYPE OF I 1,MPROVEMENT) NO. (PROPOSED USE) - AT (LOCATION) 15� Pleasant Pines Avc-nue, Cep "-erviile ZONING DISTRICT— 1 (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION ...:,f BLOCK SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCT(OI i TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: Sewage #94-3999 AREA OR VOLUME _ 616 sq. ft. ESTIMATED COST S 32,000 FEEMIT 50. 00 (CUBIC/SOUARE FEET) OWNER - :Joseph Affanato . ADDRESS 152 Pleasant Pines Ave, Centerviiie BUILDING DEPT. BY lFyh 0 DF ETZ LAW OFFICES 5087750992 P. 06 Town of Barnstable Zoning Board of Appeals Decision and Notice ' Appeal Number 1994-116 Affanato '95 FED Appeal of an Administrative Decision 28S P? -L7 A TRUE COPY ATTEST Appeal No. 1994-116 Upheld Applicant/Owner. Joseph Affanato `�v Address: C/O Edward W-Kirk,Esq., P.O.Boa 393,OsterviIl , � e7f� Property Location: 152 Pleas=Pine Road,Centerville,MA To\vn Clerk Assessor's Map/Parcel 234-004 TOO 0.50 acres total BARN STABLE Zoning: RD-1 -Residential D-1 District and RF-Residential F District Administrative Appeal: Building Commissioner's Cease&Desist Order on or about October 14, 1994 Activity Request To remove the ccase&desist order and allow a building under construction to be completed and used for residential purposes. Procedural Provisions: M.G_L. Chapter 40 A,Section 15 Background Information: According to the Assessoes records, the'parcel has 0.50 and contains a 1,506 gross sq. ft.floor area (GFA)single family dwelling with three bedrooms and two baths,built in 1950. The records also indicate presence of a detached garage(12&by 22 fL)and a"shed'(10 fit.by 22 fL). The parcel is serviced by public water,gas,and a private septic system. The subject of this appeal is the re-building of the detached garage and shed sttucnrre as a second dwelling on the lot.. The applicant is appealing a decision of the Building Comunissioner to issue a Cease and Desist Order on the re-building of the structure referred to as the-shed"and as described by the applicant's attorney as "the building"in the letter to Town Officials and the ZBA attached to the Appeal- The appeal was filed November 10, 1994;and a public hearing was scheduled for December 14, 1994. The hearing was duty advertised and notices sent to all abutting property owners as required under MGL Chapter 40A. The hearing was opened and the following Board members heard the.appeal;Robert Thorne,Elizabeth Nilsson,Emmett Glynn,Ron Janson and Chairman Gait Nightingale. At the opening of the hearing,a letter from Attorney Edward W. Kirk dated December 08, 1994 was read into the record. The letter requested a continuance of the hearing on the appeal to allow the applicant to flee for other relief in relationship to this locus and appeal. A copy of the letter was submitted to the file. The Board briefly discussed with Attorney Kirk the need for an extension to meet legal time requirements. Attorney Kirk agreed and an extension of time was Executed. A copy of the extension was recorded at the Cleric Office on December 16, 1994. The Board continued this hearing until February 1, 1995. At the February I continuance of this appeal,the Board Chairman also opened two other appeals from the applicant for the same locus. There were Appeal No- 1995-17 for a Special Permit to Section 3-1.1 (3)(D),for a Family Apartment and Appeal No. 1995-18 for a Special Permit to Section 4-4.2 Non- Conforming Uses to allow two residential structures on one lot. Given that no testimony was given in any of the cases,the Board reconstituted its members for hearing of the appeals. The following Board 03/30/95 THIT 14:56 f.TX/RX NO 51991 006 DVETZ LAW OFFICES 5087750992 P_ 07 Zoning nin Board of Appeals • Decision and Notice Appeal Number 1994-116 Members heard the appeal: Gene Burman,Tam i3elberner,Emmett.Glynn,Ron Janson and Chairman all three cases together- Gail Nightingale8ale The Board and AttomeY Keck agreed to hear Attorney Kirk distributed a memorandum to the Board entitled"`Memorandum of Joseph fr perinitwith o ill Support of IAppeall 1994-116,Appeal from Stop Work Order, 1995-1171171 permitFor Family to a Non-Conforming Use,(andl 1995-11S 11 respect Sl Application for Spy Apartment" A copy of which was also submittedto the file. Photos were also submitted to the Board accessory similar accessory structures within the neighborhood Attorney Kirk stated showing this structure as residential dwellings in the local vicinity and that a number of aossorY strudmres were being used that some of those structures are also tented or leased$equemlY- With consideration for this particular structure as a family apartment,Mr. Affarwo is seeking a limited he would like to have the use for himself and his son. He,has leased his own hone out and for privacy family apartment. The septic systeln is sufficient as it has received a sign off from the Board of Health. With respect to the Building Inspector's stop work order,the affidavits speak to the history of the building. In 1958 the addition to the garage was made into living structure is reflected arters for a friend of the the tail .The pit was issued as accessory and was a lawful use. The accessory and with tax no A non-conforming use may continue with the same footprint and for tba same purpose kr should be lifted or changes if it would have no impact to the neighborhood. 'therefore the step wo a special permit ordered for the non-conforming use. Board however,felt his arguments were in juxtaposition with the zoning ordinance regarding the The Board,The of having two resi dential strucuues on one lot in a residential district- Sections 2-3.6(1)and Pro2-3.9 both specify that only one principal permitted use building is allowed within all residential districts. The applicant additionally has not been able to meet the requirements of a family apartment. The Board noted the affdavit from John Joakim,Jr.stating that the.cottages was built in 1971 however no building permits for that construction were on file. The Board cited that this is when it appears the Legal usage of the building as acccssory was breached. Ralph Crossen,Building Commissioner added that on July 25, 1994 Mr. Affanato subirdned a sketch plan and with documentation regarding the building. He seems to have added to the footprint by 6 square eet increased the height replacing an existing cottage previously nolt-conforming into a specific separate dwelling. The Board commented that the original nature of the use as a seasonal cottage,(no heat)could,at best, have only been a temporary residents. If that,use was legally established,the plans today definitely expanded it and no permits have been issued to allow for that expansion Public Comment was requested and Mr.Affansto and the builder Ioseph Gallant spoke in favor of the appeals. In opposition,Judge Joseph Reardon spoke on the issue of expansion. He cited that a full !3a'oC.'rtent had L+ n poured and the structure enclosed Work had continued after the stop work order was issued.. He contended that the residential use of the accessory building,u 4�'v -�'-abli`t'` : had been abandoned for non-use. Further,the zoning ordinance says You cannot have two houses on one lot. He expressed the use of this accessory structure as a second residents on a lot would be very detrimental to the neighborhood At the end of the hearing of February 1, 1995,the Board determined to Close the hearing for public testimony and requested staff of the planning department to investigate the Assessor's records as it relates to this lot and the establishment of a second building on it,and site inspection from the Building Commissioner. The Board determined to continue this case to February 15, 1995 for a decision. 2 03/30/95 THU 14:56 [Tg/R% NO 51991 Q 007 .. DP ET2 LAW OFFICES 5087750992 P. 01 ' Zoning Board of Appeals Decision and Notice Appeal Number 1994-116 PP • At the continuation of the hearing on February 15, 1995,the Board noted that the applicant's representative has submitted additional information but that the hearing was closed to testimony other than that requested fivrn the staff The Board determined it would not accept the new information_ The Building Commissioner viewed the construction that has taken place to date. He noted that in comparison to previous photographs of the structure,the new structure is larger as far as bulk. He noted that the new saucture is considerably larger in terms of both area and height and would certainly constitute a second dwelling. It is to be heated for year round use with a second story in which a loft is Proposed- In consideration for staff research in to the Assessor's Records,it was determined that a one garage was originally added to the property in 1964. In 1972,a visual assessment of the property reviled that the one car garage had increase in size and was 22 feet by 22 feet,one area(352 sq.ft.)was the garage,and along side of that area 288 sq.fL constituted the"cottage"structure. TU building was not heated. The Board reviewed affidavits submitted and decided that this information was consistent with the affidavit submitted by John Joakim,Jr.who owned and resided on the property at this time. Findings: At the hearing of February 15, 1993,the Board unanimously made the following findings of fact as related to Appeal I994-116,an appeal of the Building Commissioner's Cease&Desist Order I. Zoning in this area of the Town was originally adopted in 1951. 2. According to the Town's Assessor's Records,prior to 1960 there was no accessory building on this lot. 3. According to the Assessor's Records,an accessory building was built or moved on lot in 1964. 4. During this time zoning allowed only one principal permitted use structure, a single family residential dwelling on a lot. Accessory uses and structures were permitted under zoning at that time,provided that the use be customary and incidental to the primary use for single family. 5. Although testimony has been provided that the accessory use in this building was for habitation on a trwitory and temporary nature it is not customary and incidental on a lot with a single family dwelling. 6. The accessory use of a separate dwelling our this lot during this time period was not an allowable use under zoning. The accessory use being made of this structure was an extension of the primary use,the single family dwelling as evidenced by the testimony that no kitchen, no hard water lines,no cesspool and no heat was provided for in this structure 7. The Assessor's Records from 1972 do not note this accessory structure as a separate residential unit. Motion: In accordance with.the findings,a motion was made by lion Jaussson and seconded by Bmmett Glynn to sustain and uphold the Building'Commissioner in Appeal 1994-116. The vote was as follows: Aye: Gene Burman,Tom DeRiemer,Emmert Glynn,Ron Janson andChairman Gail Nightingale _. Nay: Nay Order. The Cease&Desist Order of the Building Commissioner has been Upheld. Appeals of this decision, if any,shall be trade to the Barnstable Superior Court pursuant to MOL Chapter 40A. Section 17, within twenty(20)days after the date of the filing of this decision in the office of the Town CIerk. a Nightingale, hairniaro Date tigned 4 0.3/30/95 THU 15:02 FTX/RX No 52001 C 001 D NETZ L-110 OFFICES 5087750992 P. 01 Zoning Board of Appeals Decision and Notice Appeai Number 1994-116 I Linda Leppanen,Cleric 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 19 under the pains and penalties of perjury. Linda Leppanen,Town Clerk 4 '03/30/95 THU 15:05 [TX/RX NO 52011 Z 001 r TOWN OF BARNSTABLE, MASSACHUSETTS B LdLDING PERMIT A=234.004.T00 DATE April 14 19 95 Np PERMIT NO. •'• 37643 APPLICANT Joseph C. Affanato ADDRESS 152 Pleasant Pines Ave. . Centerville, MA BUILD ACCESSORY (N0.) (STREET) (CONTR'S LICENSE) STRUCTURE 1 Accessory Use NUMBER OF PERMIT TO (_) STORY (TYPE OF`IMPROVEMENT) NO. 4 Months ea ( SEO VSE DWELLING UNITS NSA PRP AT (LOCATION) 152 Pleasant Pines Avenue,' Can a vi 11 e, MA ZONING C7— (NO.) (STREET) - BETWEEN AND (CROSS STREET) (CROSS STREET) _.:.. LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: Sewage #94-399 VO EAAR 6i6 square feet ESTIMATED COST 28,000.00 FEE S 5Q.00 (CUBIC/SOUARE FEET) ,- OWNER Joseph Affanato ADDRESS 152 Pleasant Pines Ave., Centerville, MA BUILDI - 8V �x � A ):� The Town of Barnstaple MAS De of Health a39. Department A�� p ea th Safety and Environmental Services r Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 1, 1995 Mr. Joseph Affanato 1.52 Pleasant Pines Avenue Centerville, MA 02632 'Re: Building Permit No. 37643 152 Pleasant Pines Avenue, Centerville, MA Dear Mr. Affanato: As we discussed on Friday, April 28, 1995, the enclosed building permit(#37686)with the following restrictions replaces the above referenced building permit(#37643). Restrictions to Building Permit Number 37686: 1. The structure is accessory to the front house and, as such, Mr. Affanato will live in the front home and use the accessory structure for his immediate family only to visit(i.e. two sons with families and ex-wife). 2. Use is restricted to four months per year as follows: the last two weeks of each month, except January-April during which the structure will not be used at all. 3. Living space will be restricted to 298 sq. ft. maximum. Accessory use of the rest of the structure is permitted. Sincerely, Ralph M. Crossen Building Commissioner RMC/km *3WN OF BARNSTABLE, MASSAr USETTS BUILDING :A�34.004.T00 DATE May 1 95 1 9 ' 0 37686 APPLICANT ose - far PERMIT.'NO. s ' =J ph C. Affanato ADDRESS 1r52 Pleasant -Ave. ,Wines p Centerville, MA h �fe ,� { 5 BUILD .ACCESSORY (N0.) (STR EET) - (CONTR'S LICENSE) PERMIT TO ' STRUCTURE ( 1 STORY 4 Months Per Year-) Accessory Us NUMBER OF DWELLING UNITS N/A C (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) f ' #T 'AT (LOCATION) 152 TPleasant Pines Avenue, Centerville, MA o sTR cT� 5����� tea... rt 4(NO.) {(STREET) •,i+:^t<} 3 '" -.4 . BETWEEN ' (tR055 STREET) _ _ _ LOT _ - SUBDIVISIONS - LOT BLOCK SIZE - BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT, IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATIONr (TYPE) REMARKS `x is ' Sewage #94-399 n. 'ae � �L, svi atr;n,k�I,4 t "i�'$-r`*rY O� 3;,$� '�1 �.�'.. .t,! ! t;3 '.-:,�j ..:k I y;� s;•t.+ qt''"^�z s '1'(„ � t y,.,.3'�y, {d' �,,�.tLi;�'L�� ���+ "£a y+P t a�- .r�. tg.:., �x >t.' G VOLUMES y k£�616 SQuare feet ;' ESTIMATED COST.' 28,000 00'' ' FEEMIT 50.00 Y x °' �„ M E"`�,� Y (CUBIC/SOUAREFEET) 'r t, r -. OWNER a Joseph Affanato t I BUILDING T:: ADDRESS. ' ��_ 152 'Pleasant Pines r,Ave. , Centerville, MA BY 3 y:r dtyy u + gttt t ,:,: ,. t .:';!}h y ..r.-:' .:., :• rA . s r SEE CONDITIONS AS ;STATED IN LETTER DATED MAY 19 '1995 "Y 1 j x T-R'ELEWFE—TTTE AY Pl:-Tr N T--F-R-O M"T-H E`C O N D I T IONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. TA:NIl.!UM OF THREE CALL -APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE :NSPECT1oN5 REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: ELECTRICAL, PLUMBING AND 1. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RF'- MECHANICAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MEMBERS(READY 70 LATH 3. FINAL INSPECTION BEFOREE FINAL INSPECTION HAS BEEN MADE. OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2, 2 3 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 1 • BOARD OF HEALTH OTHER SITE PLAN REVIEW APPROVAL - - WORK SHALL NOT PROCEED UNTIL THE INSPEC. PERMIT ''#I!LL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD CAN BE TOR HAS APPROVED THE,VARI000S STAGES OF. WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE ARRANGED FOR BY TELEPHONE OR WRITTEN CONSTRUCTION. PERMIT iS ISSUED AS NOTED ABOVE. _ NOTIFICATION. IME J - . The .Town of Barnstable BMW' ���' Department of Health Safety and Environmental Services 1°rFn 9. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner P April 17, 1997 The Honorable Joseph J.Reardon 132 Pleasant Pines,Avenue Centerville,MA 02632 Dear Judge Reardon: I'm sorry the situation next door has caused you concern. I have been hearing from neighbors to the effect that Mr.Affanato plans to rent out the front house also. Please accept my word that this will never happen. The most he can hope for is to live in the front house and have the back cottage as an accessory use. I will be meeting with him in May when he comes back into the State. I will,of course,keep you informed. Sincerel r Ralph M.Crossen Building Commissioner RMC/krn .•23:::: ...:..:. ILDIN �� .�� €> aff SANT� .. ES E: C ILLE M1 < < .. <` UDGE REARD N { > «> ::: . « . :::::::::..--- .. : :.:::... .::.:::::.::.::::...... :::::..:::.:... :::........:....:.%......:.::: ::::.::::::::::.::.:::::.:....:.:::.:::..:::::::::::::...:..:.:::. }> . G HOUSE ILLE• G OUT O FBUILDI :..:MALL S SHED IN BAC K.K. E < :: •• ::.�.>:>�•:: �::>::•»;y::<:,<:«::: .::CH CK— L RIA G O TOOK PIGTLJRFS-AND SENT REPORT T .O O R.C—A ENT LSO S LETTER. r• L 4 0 r) tv �147 A__ �d , � � i ! � i ': � • I � � il , I I � � i j � � � I � � i i � � � I I I i Town of Barnstab e Building Department ComplainVInquiry Repq Date: lq-7 Rec'd by: Assessor's No.:-- Complaint Name: CUSed� /FFA/JWrO Location Address: /G J" 4 - hJT M/P Qriginator Naine• Sire es: village: C�j�37 ?yf ` ��.' State: 1104 Zip: acgE Telephone: D/L 3 6�— �' o 7 r Complaint Q . I,� ^ « Description: p �PI�) r�Ti(�!1 G'�fJ f� � � _ Gars Ca�rN �.� 7o Sri vP a rJr✓ ��ae U5T UPnI`l ' I� Fw 0 v '�kl� kR7dk'IR 'P 1f r /y �A/3iNpT� U lf� Inquiry � � �. Dcscriptiai: � �P6,vicPS ��ra� S�Sr-eon //✓ rcr� �`T fJ IT h©v W be Co MPe to if 7`0 QrvP y rrC, ru0'`A /���!��'NM villMP�r7` S al SP/�dk'�a rliN ,. 1fra ,-e' h4(llp �n/'�r'`r� For MCC �Jse On! r U C'� v2 Inspectors �/��f�ti A r �QD`PW i 67 F ► �.o�.(�� S x, r s Action/Comments ;D7 Inspect . ov ,ST Sri vS � jQ rzV �U/.Z— z11% Follow-up --' 7Z,J' 0 I PWI i`/� CrOPf O S S v /i"c/Sc� 0 A Action . b� 6A eN/PcPLO S a,s 2Y✓P �P� S'v� �,vR C�v�°?- sus x0e& 0 it • , 7/17/95 Judge Reardon called re Mr. Affanato(152 Pleasant Pines Ave.) Asked if permit had been amended.a deck has appeared off the second floor with access from the second floor. That level was to be storage only. Also,Mr.Barber the tenant has a camper parked mostly on the Judge's property. Iqikln� docY a u 4 i a M a w- Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1995-18 --Afifanato Special Permit Non-Conforming Use Appeal No. 1995-18 Denied Applicant/Owner: Joseph Affanato Address: C/O Edward W..Kirk,.Esq., P.O.Box 393,Osterville,MA Property Location: 1.52 Pleasant Pine Road, Centerville,MA Assessor's Map/Parcel 234-004 TOO 0.50 acres total Zoning: RD-1 -Residential D-1 District and RF-Residential F District Groundwater Overlay: GP-Groundwater Protection District Applicants Request: Special Permit in accordance with Section 4-4.2 Non-Conforming Use Activity Request: To permit two residential structures on one lot. Background Information: According to the Assessor's records, the parcel has 0.50 and contains a 1,506 gross sq. ft. floor area(GFA) single family dwelling with three bedrooms and two baths, built in 1950. The records also indicate presence of a detached garage (12 ft. by 22 ft.) and a "shed" (10 ft. by 22 ft.). The parcel is serviced by public water, gas, and a private septic system. The subject of this appeal is the re-building of the detached garage and shed structure as a second dwelling on the lot. The applicant is seeking a special permit for the continuance of a non-conforming use of two dwellings on one residential lot. According to the applicant the existing accessory garage and cottage structure constitutes a non-conforming use of a second dwelling on the property. The applicant has replaced the original structure with a new accessory structure. He desires to complete the structure and utilize it as a residents. A second special permit for a family apartment has also been requested (Appeal NO. 1995-17) and the applicant is before the Board with an appeal of the decision of the Building Inspector to cease and desist the building of the dwelling (Appeal No. 1994- 116). The appeals was filed January 09, 1995; and a public hearing was scheduled for February 01, 1995. The hearing was duly advertised and notices sent to all abutting property owners as required under MGL Chapter 40A. At the opening of the hearing, Attorney Edward W. Kirk and the Board agreed to hear the other two cases related to this locus simultaneously. The following Board Members heard the appeal: Gene Burman, Tom DeRiemer, Emmett Glynn, Ron Jansson and Chairman Gail Nightingale . The Board and Attorney Kirk agreed to hear all three cases together. Zoning Board of Appeals Decision and Notice Appeal Number 1995-18 Attorney Kirk distributed a memorandum to the Board titled"Memorandum of Joseph Affanato in Support of[Appeal] 1994-116, Appeal from Stop Work Order, 1995-117 [17] Request for permit with respect to a Non-Conforming Use, [and] 1995-118 [18] Application for Special Permit For Family Apartment." A copy of which was also submitted to the file. Photos were also submitted to the Board-showing this structure and similar accessory structures within the neighborhood. Attorney Kirk stated that numerous accessory structures were being used as residential dwellings in the local vicinity and that some of those structures are also rented or leased frequently. The affidavits speak to the history of the building. In 1958 the addition to the garage was made into living quarters for a friend of the family. The permit was issued as accessory and was a lawful use. The accessory structure is reflected in the tax bills. A non- conforming use it may continue with the same footprint and for the same purpose and with no changes would have no impact to the neighborhood. Therefore the stop work order should be lifted or a special permit ordered for the non-conforming use. The Board, however, felt his arguments were in juxtaposition with the zoning ordinance regarding the prohibition of having two residential structures on one lot in a residential district. Sections 2-3.6 (1) and 2-3.8 both specify that only one principal permitted use building is allowed within all residential districts. The Board noted the affidavit from John Joakim, Jr. stating that the "cottage"was built in 1971 however no building permits for that construction were on file. The Board cited-that this is when it appears the legal usage of the building as accessory was breached. Ralph Crossen, Building Commissioner added that on July 25, 1994 Mr. Affanato submitted a sketch plan with documentation regarding the building. He seems to have added to the footprint by 6 square feet and increased the height replacing an existing cottage previously non-conforming into a specific and separate dwelling. The Board commented that the original nature of the use as a seasonal cottage, (no heat) could, at best, have only been a temporary residents. If that use was legally established, the plans today definitely expanded it and no permits have been issued to allow for that expansion. Public Comment was requested and Mr. Affanato and the builder Joseph Gallant spoke in favor of the appeals. In opposition, Judge Joseph Reardon spoke on the issue of expansion he cited that a full basement had been poured and the structure enclosed. Work had continued after the stop work order was issued.. He contended that the residential use of the accessory building, if legally established, had been abandoned for non-use. Further, the zoning ordinance says you cannot have two houses on one lot. He expressed the use of this accessory structure as a second residents on a lot would be very detrimental to the neighborhood. 2 i Zoning Board of Appeals Decision and Notice Appeal Number 1995-18 At the end of the hearing of February 1, 1995,the Board determined to close the hearing for public testimony and requested staff of the planning department to investigate the Assessor's records as it relates to this lot and the establishment of a second building on it, and site inspection from the Building Commissioner. The board determined to continue this case to February 15, 1995 for a decision. At the continuation of the hearing on February 15, 1995,the Board noted that the applicants representative has submitted additional information but that the hearing was closed to testimony other than that requested from the staff. The Board determined it would not accept the new information. The Building Commissioner viewed the construction that has taken place to date. He noted that in comparison to previous photographs of the structure, the new structure is larger as far as bulk. He noted that the new structure is considerably larger in terms of. both area and height and would certainly constitute a second dwelling. It is to be heated for year round use with a second story in which a loft is proposed. In consideration for staff research into the Assessor's Records, it was determined that a one garage was originally added to the property in 1964. In 1972, a visual assessment of the property revealed that the one car garage had increased in size and was 22 feet by 22 feet, one area(352 sq.ft.)was the garage, and along the side of that area 288 sq.ft. constituted the "cottage" structure. The building was not heated. The Board reviewed affidavits submitted and decided that this information was consistent with the affidavit submitted by John Joakim, Jr. who owned and resided on the property at this time. Findings: At the hearing of February 15, 1995, Ron Jansson made the following findings of fact as related to Appeal 1995-18 on the issue of a continuation of non confirming use. 1. The property is addressed as 152 Pleasant Pine Road Centerville. MA and its 0.5 acres in size a zoning District that now requires 1 acre. The lot is also within the GP Groundwater Protection Overlay District. 2. There are two structures on the lot, one is a single family residential dwelling that is not at issue. The other, referred to as the "garage and cottage" structure in the assessor's records and moved or constructed there in 1964 or 65 is at issue. 3. The applicant contends that this cottage/garage structure is a second dwelling on the lot and that under Section 4-4.2, a non-conforming uses this structure is allow and the use as a dwelling permitted. 4. The garage/cottage did not predate zoning in this area, 1951 and is not a legal existing non-conforming use. 5. The structure development and use of this structure is accessory as a garage and is not a non-conforming use. 6 The proposed special permit if approved would be more objectionable and detrimental to the neighborhood and would constitute an intensification of use on the lot above that permitted in zoning. 3 Zoning Board of Appeals Decision and Notice Appeal Number 1995-18 The findings were seconded by Emmett Glynn and the vote was as follows: Aye: Eugene Burman, Thomas DeRiemer, Emmett Glynn and Ron Jansson Nay: Chairman Gail Nightingale Motion: In accordance with the findings, a motion was made by Ron Jansson.and seconded by Emmett Glynn to deny the request for a Special Permit. The vote was as follows: Aye: Eugene Burman, Thomas DeRiemer, Emmett Glynn and Ron Jansson Nay: Chairman Gail Nightingale Order: Appeal No. 1995-18 for a Special Permit for a Non-Conforming Use (two residential , Structures on one Lot) has been Denied. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. Gail Nightingale,Chairman Date Signed I Linda Leppanen,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 19 under the pains and penalties of perjury. Linda Leppanen,Town Clerk 4 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1995-17-Affanato Special Permit-- Family Apartment Summary: Denied Applicant/Owner: Joseph Affanato Address: C/O Edward W.Kirk,Esq., P.O.Box 393,Osterville,MA Property Location: 152 Pleasant Pine Road,Centerville,MA Assessor's Map/Parcel 234-004 TOO [004 Co is 0.35 acres&004 Ba is 0.14 acres] 0.50 acres total Zoning: RD-1 -Residential D-1 District(Centerville); RF-Residential F District (Barnstable) Applicant's Request: Special Permit under Section 3-3.1 (3 D): Family Apartment; Activity Request: To permit a family apartment. Procedural Provisions: M.G.L. Chapter 40 A, Section 15 Background Information: According to the Assessor's records,the parcel has 0.50 Acres total. The parcel contains a single family dwelling,built in 1950 with three bedrooms,two baths and 1,506 gross sq. ft. of floor area(GFA). The records also indicate a detached garage(12.ft.by 22 ft.)and a"shed"(10 ft.by 22 ft.). The parcel is serviced by public water,gas,and a private septic system. The applicant has applied for two other forms of relief,one,a special permit for the continuance of a non- conforming use of two dwellings on one lot,(Appeal No.: 1995-11.8)and the second for an appeal of the decision of the Building Inspector from a cease and desist order on construction(Appeal No. 1994-116). Procedural Summary: The application was filed on January 9, 1995 and was scheduled to the February 1, 1995 ZBA Meeting. Sitting on this appeal are Board Members: Gene Burman,Tom DeRiemer,Emmett Glynn,Ron Jansson and Chairman Gail Nightingale . Attorney Kirk distributed a memorandum including affidavits for documentation. His'argument included photos in which accessory structures were being used as residential dwellings in the local vicinity. He suggested that the structure in question has been either rented or leased frequently in its history. He is now seeking only a limited use for Mr.Affanato as he has leased his own house out and for privacy he would like to have a family apartment to live in for himself. Septic system is sufficient. Attorney Kirk said the builder has received a sign off from the Board of Health. The problems started when Judge Reardon complained to the Building Inspector who issued a stop work order. However the Board felt his arguments were in juxtaposition with the zoning ordinance regarding the prohibition of having two residential structures on one lot in the RD-1 district. The applicant has not been able to meet the requirements of a family apartment. Public Comment was requested: In Favor: Mr.Affanato and the builder Joseph Gallant In opposition: Judge Joseph Reardon expounded on the expansion issues of this case. He noted to the Board that the applicant has not complied with the requirements of Zoning for a Family Apartment. FINDINGS: } ` Zoning Board of Appeals Decision and Notice Appeal No.: 1995-17--Affanato Ron Jansson gave findings that were seconded by Emmett Glynn regarding 1995-17 for family apartment that there is evidence that this would not be a principal year round use in violation of section 3-1.1 (D). VOTE: AYE: Gene Burman,Tom DeRiemer,Emmett Glynn,Ron Janson and Chairman Gail Nightingale NAY: None A Motion was made by Ron Jansson and seconded by Emmett Glynn to deny the request for a family apartment in Appeal Number 1995-17--Affanato. VOTE: AYE: Gene Burman,Tom DeRiemer,Emmett Glynn,Ron Jansson and Chairman Gail Nightingale NAY: None ORDER: Appeal Number 1995-17--Affanato is denied. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. Gail Nightingale,Chairman Date Signed I Linda Leppanen, 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 19 under the pains and penalties of perjury. Linda Leppanen,Town Clerk cc: Building Commissioner Zoning Board of Appeals file 1995-17 2 r Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1994-116 --Affanato Appeal of an Administrative Decision Appeal No. 1994-116 Upheld Applicant/Owner: Joseph Affanato Address: C/O Edward W.Kirk,Esq., P.O.Box 393,Osterville,MA Property Location: 152 Pleasant Pine Road,Centerville,MA Assessor's Map/Parcel 234-004 TOO 0.50 acres total Zoning: RD-1 -Residential D-1 District and RF-Residential F District Administrative Appeal: Building Commissioner's Cease&Desist Order on or about October 14, 1994 Activity Request: To remove the cease&desist order and allow a building under construction to be completed and used for residential purposes. Procedural Provisions: M.G.L.Chapter 40 A, Section 15 Background Information: According to the Assessor's records,the parcel has 0.50 and contains a 1,506 gross sq. ft. floor area(GFA) single family dwelling with three bedrooms and two baths,built in 1950. The records also indicate presence of a detached garage(12 ft.by 22 ft.)and a"shed"(10 ft.by 22 ft.). The parcel is serviced by public water,gas,and a private septic system. The subject of this appeal is the re-building of the detached garage and shed structure as a second dwelling on the lot. The applicant is appealing a decision of the Building Commissioner to issue a Cease and Desist Order on the re-building of the structure referred to as the"shed"and as described by the applicant's attorney as"the building"in the letter to Town Officials and the ZBA attached to the Appeal. The appeal was filed November 10, 1994;and a public hearing was scheduled for December 14, 1994. The hearing was duly advertised and notices sent to all abutting property owners as required under MGL Chapter 40A. The Hearing was opened and the following Board members heard the appeal;Robert Thorne, Elizabeth Nilsson,Emmett Glynn,Ron Jansson and Chairman Gail Nightingale. At the opening of the hearing,a letter from Attorney Edward W.Kirk dated December 08, 1994 was read into the record. The letter requested a continuance of the hearing on the appeal to allow the applicant to file for other relief in relationship to this locus and appeal. A copy of the letter was submitted to the file. The Board briefly discussed with Attorney Kirk the need for an extension to meet legal time requirements. Attorney Kirk agreed and an extension of time was executed. A copy of the extension was recorded at the Clerk Office on December 1.6, 1994. The Board continued this hearing until February 1, 1995. At the February 1 continuance of this appeal,the Board Chairman also opened two other appeals from the applicant for the same locus. There were Appeal No. 1995-17 for a Special Permit to Section 3-1.1 (3)(D), for a Family Apartment and Appeal No. 1995-18 for a Special Permit to Section 4-4.2 Non-Conforming Uses to allow two residential structures on one lot. Given that no testimony was given in any of the cases, the Board reconstituted its members for hearing of the appeals. The following Board r Zoning Board of Appeals Decision and Notice Appeal Number 1994-116 Members heard the appeal: Gene Burman,Tom DeRiemer,Emmett Glynn,Ron Jansson and Chairman Gail Nightingale . The Board and Attorney Kirk agreed to hear all three cases together. Attorney Kirk distributed a memorandum to the Board entitled"Memorandum of Joseph Affanato in Support of[Appeal] 1994-116,Appeal from Stop Work Order, 1995-117 [17] Request for permit with respect to a Non-Conforming Use, [and] 1995-118 [18]Application for Special Permit For Family Apartment." A copy of which was also submitted to the file. Photos were also submitted to the Board showing this structure and similar accessory structures within the neighborhood. Attorney Kirk stated that a number of accessory structures were being used as residential dwellings in the local vicinity and that some of those structures are also rented or leased frequently. With consideration for this particular structure as a family apartment,Mr.Affanato is seeking a limited use for himself and his son. He has leased his own house out and for privacy he would like to have the family apartment. The septic system is sufficient as it has received a sign off from the Board of Health. With respect to the Building Inspector's stop work order,the affidavits speak to the history of the building. In 1958 the addition to the garage was made into living quarters for a friend of the family. The permit was issued as accessory and was a lawful use. The accessory structure is reflected in the tax bills. A non- conforming use may continue with the same footprint and for the same purpose and with no changes if it would have no impact to the neighborhood. Therefore the stop work order should be lifted or a special permit ordered for the non-conforming use. The Board,however, felt his arguments were in juxtaposition with the zoning ordinance regarding the prohibition of having two residential structures on one lot in a residential district. Sections 2-3.6(1)and 2- 3.8 both specify that only one principal permitted use building is allowed within all residential districts. The applicant additionally has not been able to meet the requirements of a family apartment. The Board noted the affidavit from John Joakim,Jr. stating that the"cottage"was built in 1971 however no building permits for that construction were on file. The Board cited that this is when it appears the legal usage of the building as accessory was breached. Ralph Crossen,Building Commissioner added that on July 25, 1994 Mr.Affanato submitted a sketch plan with documentation regarding the building. He seems to have added to the footprint by 6 square feet and increased the height replacing an existing cottage previously non-conforming into a specific and separate dwelling. The Board commented that the original nature of the use as a seasonal cottage,(no heat)could, at best,have only been a temporary residents. If that use was legally established,the plans today definitely expanded it and no permits have been issued.to allow for that expansion. Public Comment was requested and Mr.Affanato and the builder Joseph Gallant spoke in favor of the appeals. In opposition,Judge Joseph Reardon spoke on the issue of expansion. He cited that a full basement had been poured and the structure enclosed. Work had continued after the stop work order was issued.. He contended that the residential use of the accessory building,if legally established,had been abandoned for non-use. Further,the zoning ordinance says you cannot have two houses on one lot. He expressed the use of this accessory structure as a second residents on a lot would be very detrimental to the neighborhood. At the end of the hearing of February 1, 1995,the Board determined to close the hearing for public testimony and requested staff of the planning department to investigate the Assessor's records as it relates to this lot and the establishment of a second building on it,and site inspection from the Building Commissioner. The Board determined to continue this case to February 15, 1995 for a decision. At the continuation of the hearing on February 15, 1995,the Board noted that the applicant's representative has submitted additional information but that the hearing was closed to testimony other than that requested from.the staff. The Board determined it would not accept the new information. 2 I Zoning Board of Appeals Decision and Notice Appeal Number 1994-116 The Building Commissioner viewed the construction that has taken place to date. He noted that in comparison to previous photographs of the structure,the new structure is larger as far as bulk. He noted that the new structure is considerably larger in terms of both area and height and would certainly constitute a second dwelling. It is to be heated for year round use with a second story in which a loft is proposed. In consideration for staff research in to the Assessor's Records,it was determined that a one garage was originally added to the property in 1964. In 1972, a visual assessment of the property reviled that the one car garage had increase in size and was 22 feet by 22 feet,one area(352 sq.ft.)was the garage,and along side of that area 288 sq.ft.constituted the"cottage"structure. The building was not heated. The Board reviewed affidavits submitted and decided that this information was consistent with the affidavit submitted by John Joakim,Jr.who owned and resided on the property at this time. Findings: At the hearing of February 15, 1995,the Board unanimously made the following findings of fact as related to Appeal 1994-116,an appeal of the Building Commissioner's Cease&Desist Order 1. Zoning in this area of the Town was originally adopted in 1951. 2. According to the Town's Assessor's Records,prior to 1960 there.was no accessory building on this lot. 3. According to the Assessor's Records,an accessory building was built or moved on lot in 1964. 4. During this time zoning allowed only one principal permitted use structure, a single family residential dwelling on a lot. Accessory uses and structures were permitted under zoning at that time,provided that the use be customary and incidental to the primary use for single family. 5. Although testimony has been provided that the accessory use in this building was for habitation on a transitory and temporary nature it is not customary and incidental on a lot with a single family dwelling. 6. The accessory use of a separate dwelling on this lot during this time period was not an allowable use under zoning. The accessory use being made of this structure was an extension of the primary use,the single family dwelling as evidenced by the testimony that no kitchen,no hard water lines, no cesspool and no heat was provided for in this structure 7. The Assessor's Records from 1972 do not note this accessory structure as a separate residential unit. Motion: In accordance with the findings,a motion was made by Ron Jansson and seconded by Emmett Glynn to sustain and uphold the Building Commissioner in Appeal 1994-116. The vote was as follows: Aye: Gene Burman,Tom DeRiemer,Emmett Glynn,Ron Jansson and Chairman Gail Nightingale Nay: Nay Order: The Cease&Desist Order of the Building Commissioner has been Upheld. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. Gail Nightingale,Chairman Date Signed I Linda Leppanen,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 19 under the pains and penalties of perjury. 3 4 Zoning Board of Appeals Decision and Notice Appeal Number 1994-116 Linda Leppanen,Town Clerk I� 4 - EDWARD W. KIRK ATTORNEY AT LAW WIANNO PLACE 901 MAIN STREET OF COUNSEL OSTERVILLE,MASSACHUSETTS026S5-0393 P. O. BOX 393 RICHARD C.ANDERSON (SOB)428-4111 Barnstable Zoning Board of Appeals December 8, 1994 367 Main Street Hyannis, Mass . 02601 Re: Appeal No. 1994-116 Joseph Affanato Dear Board Members : Please be advised that on December 14, 1994 the applicant Joseph Affanato will be requesting that above referenced appeal be I continued from ecem er , 994 to January 18, 1995 by which time the applicant intends to have filed and have scheduled for hearing, an application for a permit to alter or extend a pre-existing non conforming use, which application will deal with the same subject matter as the pending appeal.' Hopefully, the two applications can be considered by the .board on ? January 18, 1.995 . Thank you for your consideration of this request. Y� - ,tl` Very truly yours, Edward W. irk EWK/se cc:Ralph Crossen Joseph J. Reardon �. r TOWN OF BARNSTABLE BUILDING DEPT - D DEC ; �- � � Vr he 'down of Barnstalle • s�ievsrasi,e, 9 MASS, Department of Health Safety and Environmental Services 1639 �� �p Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner December 6, 1994 Attorney Edward W. Kirk 901 Main Street Osterville, MA 02655-0393 Re: Joseph Affanato 152 Pleasant Pines Avenue, Centerville, MA Dear Ed: After receiving your letter of November 30, 1994, Mr. Affanoto's builder came in to apply L for the new building permit. This application of December 2, 1.994 was pending a decision by me when, on December 6, 1994, work had proceeded in violation of the Stop Work Order. I went out to the site with Town Attorney, Bob Smith, and found that all windows had been installed and the roof was finished. In addition, the tyvek was on and the building was tight. I was told that a former employee of the builder took it upon himself to do the work in hopes that Mr. Affanato would pay him. Aside from the fact that I had a hard time swallowing that one, I told the builder to send the man into see me and not to do anything more. I further told him to tape the tyvek, tack down the tar paper under the window jambs and put a door handle and lock on the door. This is as far as I can go given the circumstances. If Mr. Affanato is concerned about the winter weather, assure him that what I told the builder to do would adequately protect the structure. Sincerely, Ralph M. Crossen Building Commissioner RMC/km o Ft/4 1�A,/J-Itj)k, tl PAST- (,145 -SI clu kg/4-d< FC)6�57 5//qQe -r�t)e Ljfz1,j el?e P-AV- x 64-th P Nlt'T�-/4 0-14ctt t-,e-wwc 14 R(fA IX/V -A :be P fq6 14-A-0 b4ee A/ fF(Cc---tlePZ 5c -, A A- /Ab TQ T ht 6jz95-r "j- F- t<1 ,-r77 4C t.s C) I AfCtl C) YCIA&�I�j . K �. 1 `�} Wr }"' -.� . � � . � ,. - �, t i .l .� _ i x - i . . - 1.-� ._ t t �{' . � J�-. i - .. _ �, .. * '�i �s EDWARD W. KIRK ATTORNEY AT LAW - WIANNO PLACE 901 MAIN STREET OF COUNSEL OSTERVILLE,MASSACHUSETTS 026SS-0393 P. O. BOX 393 RICHARD C.ANDERSON - (508)429-41 11 Building Inspector November 30, 1994 Town of Barnstable Town Hall Hyannis, Mass . 02601 TOWN OF BARNSTg6 LJ Attn:Ralph Crossen BUILDINGDEPT. D LED' Re:Joseph Affanato (? 2 152 Pleasant Pines Ave. L Centerville, Mass . Dear Ralph: You may recall that at the time of filing an appeal on behalf of my client with respect to your cease and desist order, I spoke with you relative to my client' s wish to continue to work on the structure for the sole purpose of enclosing the structure and shingling it in order to prevent any damage which may be caused by= weather. I stated that your agreement to allow such work to continue for that purpose would not create any rights in my client, and that we would not seek to argue at a later date, that such agreement was to. be in any way construed as an. approval of the proposed use of the structure for residential purposes . We are aware that the alteration of the structure for residential purposes must be approved by the Board of Appeals . After consultation with-the Town Attorney, you stated that in order for you to allow the work to proceed even for the limited purpose of protecting the structure, the existing permit application would have to be amended and the proposed use as set forth on the application would have to be a permitted accessory use. In a spirit of cooperation, we are willing to do as you have asked. I must make clear however, that by submitting an amended application which will sho,ra a proposed use of the structure, which is other than residential, we are not abandoning the use of the structure for residential purposes, nor are we waiving our position that the prior use of the structure for residential purposes is a lawful pre-existing non-conforming use. Rather we are specifically asserting and reserving the argument that the prior use of the structure was a lawful non-conforming use and that it' s alteration to provide for that same use is also lawful . Ralph Crossen November 30, 1994 page two The submission of an amended application at this time is strictly an accomodation, made in good faith, to your request that we proceed in this fashion at this time, as a means of protecting the structure. If the foregoing is in accordance with your understanding of the situation, I would request that a permit allowing the work to proceed, be issued upon submission by Mr. Gallant of the amended application, which will state that the structure will be used for storage. If, on the other hand, there is any question or disagreement with respect to the basis upon which the amended application is being submitted, would you please let me know as soon as possible. Thank you for your cooperation in the matter. Very truly yours, �" Edward W. Kir EWK/se j fl • 6 r 1 GQ jtQ P c N � nI } yIL I �ti 6 •c° aF Z K j b7=�3h s� � " l�z Yam•, ON4t /"�' 'm 'd(^ QNOd SS 11011bNS r+ �b3eyr 3oV39 y3(1n1i�C�3� Vi S ➢{r � y 4 c eyr o � bpt � Ma pt d 6 -0 h� r d>� �• ry 57NId 1Nbsb htZ T�d� �r°tio n'3i� a c a at hrr 6 n dy z h 4. I ... 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FROM Sheet No. Date Proposal Submitted To Work To Be Performed At Name Street Street City State City Date of Plans State Architect Telephone Number ` We hereby propose to furnish all the materials and perform all the labor necessary for the completion of All material is guaranteed to be as specified, and the above work to be performed in accordance_with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ ). with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by Respectfully submitted Per Note—This proposal may be withdrawn by us if not accepted within days ACCEPTANCE OF PROPOSAL The-above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date Signature TOPS FORM 3450 0 LITHO IN U. S. A. V .r: t � 1 1 f� , t i► • f 1 / A r i 1 / � / �+ s i / �'/ /�/ � / `� / i ` 'I � � ,, < � ; � � � y i ���� � r � i � � 0 ,� �, / / 1�r � � i �~ � / 1 � ��, ,. � �" • i ,' i / .. - - i , ' � � i / _ I i � / � I, / / / � / � �� ' � i � / �� � / //. .: it ,� , ��� . � i <, ; ., ,// �� �.: i ' � � i i � r �� � i I j � r _ . ; � � - , � � � /� i i � -/ / ` / / L /� � �i � � i � � � rr � � � .r 'i' r � � � � �� � � ' � �,/ � � � / / r /� ., / .' /: � 1 / / � � � 1 �s �/L' I / / / /' r � / r / /� / / i ' / i - � � /� i �� L � � � �� /' / ,r / � � I / / � i / � / _ ,• � / �, i � �, � �� �., /.i i .; /.r / ` � � Ili � � /� r � � / � �„t�, i � �// / � i / � / - �, � �, s / i i ,, ,, . � � .rs � ,� � / i i s 1 ' i i r j r r � I y / I ! / r. e;4 t., R iX i� i� , k t+ it ("i f ' k ( - The 'Town of Barnstable snxxsrnst.e. �� Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner September 12, 1994 Mr.Joseph Affanato 152 Pleasant Pines Avenue Centerville, MA 02632 RE: A 234 004.T00 152 Pleasant Pines Avenue,Centerville Building Permit#36926 Dear Mr. Affanato: This letter will confirm our on site conversation of September 6, 1954 re the fact that this office must have documentation to verify that the structure you are in the process of rebuilding was a legal dwelling unit prior to being demolished. f Please be advised that no construction work is to be done until this office is satisfied that the structure was a legal dwelling unit. Very truly yours, Alfred E. Martin Building Inspector AEM/gr Certified mail: P 015 492 420 R.R.R. _ .i. ..��.ti+�:•.s m nr„' . ,•_ ,,.:..:.•-.,,,.� ��_., _. .y r�,. :y♦:�.,�: ..TOWN OF BARNSTABLE, MASSACHUSETO BUILDING.,,-.PER �U_€�,_a,,F*::�..:,�►.:t:�,t:-.sw.�.Y+.wtclsuv.7� f ILDING�.PERMIT ' - � _ . A=234.004.T00 Aril 14 .95 � �illij DATE 19 PERM:, NO APPLICANT yyy��Y)),tos6ph C./-�rA�Yffanato ADDRESS 152 Pleasant Pines Ave. . Centfs E:v _ YUIL Y ACCESSORY (NO.) (STREET) (C'O.NLR i,CItENSE) , STRUCTURE Accessory Use NUMBER OF - 1 PERMIT TO (_) STORY DWELLING UNITS �a�A (TYPE OF IMPROVEMENT) NO. -- (PROPOSED USE) -^� ZONING AT (LOCATION) 152 ,Pl.[?:;Aant: PineQ Avnrml. roan,f'crvill.P. -MA ! DISTRICT (NO.) -- --(STREET)---- BETWEEN - AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION LOT LOC SI E BUILDING IS TO BE FT. WIDE BY T. LO BY FT. IN GHT AND SHALL CONFORM IN`CONSTRUCTION TO TYPE USE GROUP SE T A LS OR F A .(thy REMARKS: Sewage #94-399. (TYPE) AREA, OR po VOLUME 616 square feet ES I A COST 28,000.01 FE IT 5fJAD (CUBIC/SQUARE FEET)OWNER JOBeph Affanato. E'eu LD G� P ADDRESS 152 Pleasant Pines Ave. , ,entorvl le, tliA. ✓/:s /.f. < " /� '( / / THIS PERMIT CONVEYS NO RIGHT TO OCCU ST EET,'A LE R SIDE A OR A PA T T ITHER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBL O TY, N, T P Cl ICA RMITT D U E ILDING CODE, MUST BE AP- PROVED BY THE JURISDICTION. STREET O A EY GRADES, W LL AS AND L C 1 N F - U L C SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. H SSUANCE O PERMI O S NOT RE AS THE LICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICT DNS MINIMUM OF THREE CALL -APPRO ED PLANS MUST BE RET I ED ON JOB AND HIS HERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR CARD KEPT POSTED UNTIL FINA INSPECTION HAS B PERMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: ELECTRICAL, PLUMBING AND I. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MEMBERS(READY TO 3. FINAL INSPECTION BEEFORFOREE FINAL INSPECTION HAS BEEN MADE. OCCUPANCY. - POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT i 2 BOARD OF HEALTH OTHER SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT 'N!LL BECOME NULL AND VOID IF CONSTRUCTIONINSPECTIONS INDICATED ON THIS CARD CAN BE TOR HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE ARRANGED FOR BY TELEPHONE OR WRITTEN CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. NOTIFICATION. ` "`-ez..;c�y� :�.• ,sal.. r- -. ��• _ �. ' .�, - • ,....s....e •.—.. may. — _ ♦... � C � r � � � � A'sessorfleffice(1st Floor):t Assessor's map and lot number T3 2 Conservation(4th Floor): "��`"'� a ��y`t�` f SEP SYSTEM ° e Board of Health(3rd floor)': -INSTALLED IN CO �. Sewage Permit number WITH TITLE ant t Engineering Department(3rd floor)::.. ENVIRONMENTAL � House number { i Definitive Plan'Approved by Planning Board 19 TOWN REGULITI APPLICATIONS PROCESSED 8:30-9:30 A.M.:and 1:00-2:00 P.M.only i 4 TOWN OF BARNSTABLE BUILDI• G INSPECTOR APPLICATION FOR PERMIT TO l LG'��I f�l� A1✓1 j/9 /� �—J©/� TYPE OF CONSTRUCTION TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location -- tS2 PlCgSant 9INt-5 Av-e �e.tlecyiI)e Proposed Use 1bw4-1I;nc I fed a a fn Zoning District I Fire District Name of Owner See,S2O, (` Ngc\c, I n Address I1-2, �L?_ASant 9iAC5 AVe Le_rt/ccvi 1/e Name of Builder Joseol. 6Jb?,,r-1 ascoh RMn4To Address 12 Wdd t wd P W }�Sr►--�u�t�. j ,,,, AA Name of Architect JQ_vyng±b lkellexl Address 2Z 641<•vi e,j T-rY, mbrm of >; Number of Rooms Foundation Y2. F��/ tc mcnf — l2 Exterior Li 1 e CcJ.R r Roofing T_<king la Floors !su2,r.T Interior PQ��►t Heating �brcecf g.I 6✓4 l" Plumbing, L &TA I bck,e� Fireplace Approximate Cost 32 &o oo ` Area ��lo ✓6``O' Diagram of Lot and Building with Dimensions Fee SDI Trn J � OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS --►.�� I hereby agree to conform to all the Rules and Regulations of the Town of Barnst b e regarding the above construction. Name Construction Supervisors License V i APPA-VATO, JOSEPH: yo -3-6-9 L 6 Permit For REBUILD DWELLING. - a { Location 152 Pleasant Pines AvP_ Centerville r i Owne �_- Jose h Affanato Type iof Con struction - _ - ` 4 lot Lot t < Permit Granted August 1 , 19 - 94 Date of Inspection: , p Frame 19 +Y + Insulation 19 t Fireplace 19 Date Completed 19 r� ' 57 �, -':a`�.as'cy��y�� `;.1�"'. $���}cs�k`:Wsc.rr�v.a. __ `�:`.�.:•;,�+:. y�i`.�j�._ ,�r.. �. �TOWN OF BARNSTABLE, MASSAv IUSETTS A=234 00 j DATE July: 29 , 'If9i PERMIT W) N9 - �36926 APPLICANT Joseph Gailan t�-� . Af ana �o ADDRESS �- QWnI. - Path, W. arm011L 1 y, a (NO.) (STREET! (CONTR'S LICEt,f E) PERMIT TO Rebuild dwelling ( 1 ) STORY single family dwelling NNUMBER OF DWELLING UNITS _ (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) AT (LOCATION). 152 Pleasant Pines .Avenue, Centerville ZONING CT RD 1 (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION _:':f BLOCK SIZE i. BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT, IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) 1 REMARKS: Sewage #94-3999 AREA OR C 7 L .F h VOLUME 616 SCI• ft• ESTIMATED COST $ 3L,000 FEE MIT 50• `LJ'Q (CUBIC/SQUARE FEET) OWNER'' '_Joseph Affanato - ADDRESS 152 Pleasant Pines Ave, Centervl a BUILDING DE PT. BY .a o . d; 2; a c ----.. -----------------------. _ ? 1 EB - _ o , 9 , P ECT:� -. -`DRAWN BY, . 'O w-.•�<r�.m..a � .�xic4'mq,GoF+aqe�snovakiona. _ xEre+mra�rna mmo�TF, KarercNfiadbrA�odsLrs LOCATIeft i ra,.soeavz {- 6en4erville.-M :. o '- m 4 \to e p S, p 9F x — Q I; _......_..._.._...._._.- y. , 9, l s � Q PR �T: DRAWN-BY: CxwFin9,GoF}wge�anovsrkwns 0, N I Unto p EKe+ew6h 5ad4u�1saaGoces LO"TION s. w.wow.a.v..,i:ae, aan�.riwr..•a.u.�wv.... 1:.y . ..�. P P � Or�` .aB.nre,a�W Gan+&rvilki MA ' n 3 � s ox z. P Ir ? S r e .. . titY o Z I. � .•��.n� � PR .K q. ageovaonc. DRAWN BY: mlpme toCAT1o* e KeeeiasieUdlwAeeoe(rtoe t vbF.2.:plemz6AM-F'inoc.r—l'. Ff%�ti1aT11P:srv�e��F O' ro do<nfd.. rf,dfmry a Genkervillo-,MA �n+f ov,w- 0 0 a � o s o s a t! > o LLLJ EBI ' - PR T: •'DRAWNZY:Ulf. —�EC—. E:xittinq Gottags_�novatfiana M �,. O- P aevrsartRere�eiir&aldb'AseocLtsa LOCATIONt �"^ �".m-w.o' P`a 2 P144'aA �-pines�d: tee,�TNe.m.�a,w I�' a • r r TOWN OF BARNSTABLE BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please print. DATE 7—')A-zi W JOB LOCATION l 5 °1, I ea eS Q C 2 2' Number^ Street Address. Section 0 Town "HOMEOWNER" To-5O �Mc,nQ+d ?41 L/ Nate Home Phone Work Phone PRESENT MAILING ADDRESSP •1 vQ City/Town State Zip Code The current exemption for "homeowners" was extended to include..owner- occupied dwellings of six units or less and to allow such homeowners to engage an 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 It reside, on which there is, or is intended to be, a one to six family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official on a form acceptable to the Building Official, � ,... that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned "homeowner" assumes responsibility for compliance with the State Building Code and other applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he"'she understands the Town of Barnstable Building Depart t minimum inspection procedures and requirements HOMEOWNER'S SIGNATURE APPROVAL OF BUILDING OFFICIAL Note: Three family dwellings 35,000 cubic feet, or 'larger, will be required to comply with State Building Code Section 127.0, Construction Control. xiscs Y HOME OWNER'S EXEMPTION The code states that: " Permit is required shall be exemp Home t.fromner pthe performing work. which a building r (Section 109.1. 1 - Licensing of Construction Supervisorsf.this section Home Owner engages a Person(s) for hire to do such Owner shall act as supervisor. -, � � Provided that if work, that such Home Many Home Owners who use this exemption are unaware the, 'responsibilities of a supervisor (see Appendix that the for Licensing Construction Supervisors, Secton2.is they k assuming awareness often results in serious problems Rules and Regulations .Owner hires unlicensed en see � ' This lack of P In this case pour 1Board (cannot when the Home against the unlicensed person as it would with licensed su a proceed Home Owner acting as su ervi P sor is ultimately responsible.p rvisor. The To ensure that the Home Owner is full many communities re wire as -Y aware of his/her responsibilities, Owner certify that he/she understandsthe thepresponsibilitiesl On the last page of this issue is a form currently that the Home of a supervisor. t You may care to amend and adopt such a form/cerficsed by several towns. community. ation for use in your f ik 1 . _ TO���Wj --12NSTABLE B-UILDING CCI D ITT'ti 600-\YI S1 LNGTON ST-RE£T James.: Ca-00e': BOSTON, MASSACHUSEM 021II ;or;:•>ss•orle:_ 'WORKERS .COWBIZSATION CE.AF_ID `�{ 1 A�-1j• 1 4`4_ AM • QiaaualpatairnerJ . . _:. �e:�.;!' - _�'_ ._. , -_ - -•� � _ - vnch a principal place of busini:sdicsidcacr es-.. q .. _ - - •• _ _ .�+ .- - ,� (CAq t;=d e'i',sY`.i�L.-a�"�•�: _ice'`�-� .� '-w"f- __. •.M!`^��+_'1! _:tit•..Ks<.�`"���� '::' do hcrrby arufy,under the pains ind pe=lncs of pczMy.thm -- j J I a.tn sn crnplovcr providing the following workcrs'compenntion eover2ge for my emploV=working on job. =:1 lnsurancc Company _ Policy Plumber j) i am s sole propricror and h--vc no one working for mc. j J l am a sole proprietor,general eonmaor o omc ardc onc)and hzvc hired the eontoaaors listcd bclow who have the following workcn'compcasation insurna politics: Jv"5 ePL Name of Contraaor Insurance Compaay[Poliey Number - Dame of Contraoi Insurance Company/Policy Number N'amc of Contraor Insurance Companv/Poiicy Number 1 sn s homeowner performing:11 the wor-a"nvscl£ NOTE.Tslcasc be a«zrc%..Zt Pik]6oraco.�acn%%oo craclov PCraocr to Zo caintcn=Cc.construction or trpairwotL,cc 2wcliinr of not rZorc Uat t tCC hits it waici the bor=cowacr Lisa(<:iccs or cc t�-c EroucZs appurtcaznt t1acrcto arc not rCt)Cr ll. ccnsiccrc2 to be c=�lovcrs t=C:cr L^c 1�:orl;<rs'Corcncuatioc Ac.(C.C 152.rcc 1(5)).applicatioo by it boraco-Mcr fora Uccsrsc or Pcrrlit raavnrjcc=cc Uc JCCJ rt,ass of an cmV10%-Cr ucccr tic't7'0rl'cri Cor-PccsatiocACL L,_,•c: t_: -c-:• i1' be fo.—=:c-e to c c✓-_nc .tci incur 1Accdcr.a*O Wier orinsur-c: for�'�'-=c •.- :•<::1:< C=IC:-ZC�, rCCC::CL t:- CC=C:._�'.'C: C_ f (�. k:, to t.: Impc:lilon C. C':: CC n:I:C'- CI : ,,nC C. C: tG <:CC'G.GS _-.��c:i-�ri.:o::- o: C�tO G'C�-c_:�'.0 C��•�C��.::.J�L'. LC form of z �ZC t. �0:.:OfG<t t•C fine of!1 GO.OG:caw zj-:ns:tac. � StEnccthis_ I .—J"y lVIJ4.L a.,� � Q A- :a:_rP_.-:�::_: :�a:sor:rtrr nz r b Assessor's office(1st Floor): Assessors map and lot nu Ong J y [�Q Y SEPTi4CSYSTEM SA ���THE TO`` ,..� Al Conservation(4th Floor): al�'" �► 7�y ��S�ALLED+� ow Board of Health(3rd floor)• _ '- Sewage Permit number 1041, ���n WITH�T v iZ Engineering Department(3rd floor):, &5� ,�����+ 'j'�L CoD o �a�o.``�d' House number Definitive Plan Approved by Planning Board 19 a GUL TIONS APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only a TOWN . OF BARNSTABLE BUILDING . INSPECTOR APPLICATION FOR PERMIT TO / j�7� TYPE OF CONSTRUCTION 1 7—2f 19 gy TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ►S P 1 egsrv�t P i neg Ave Cerl 1 e u,� Proposed Use w Jn l ) Zoning District J Fire District iQ / Name of Owner Vp L2�k GH-q t4Ta Address 1m �l eQSgst1' Q;r\�� hVe cc n %er✓�llc Name of Builder JoSeA 641s h-J-05CA R?&ngTd Address 17. Wj_,l A.,j f JIV, W, Y4rA- ,,+.k Name of Architect L"nej-%. 54kcr _l rl Address 21 OAK View Icr .r l�,.a.rn It Number of Rooms S / Foundation `-2 rEv 1l hac�.•._n i^ l2 rHeno/d� -I� 5/'�,0 Exterior W k:f G G i f lmg l'cS Roofing Floors C.SI'Oe I Interior P4in.T Heating Fvcccd 61- 1-jaTir- Plumbing I f k 110r6 1*1 Fireplace Nib Approximate Cost _ `3'2,4cti X4Q Area 4114-11 Diagram of Lot and Building with Dimensions Fee JO �'�' III. 4 i Iu ' R a m LN 0sc i IL OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnst b regarding th .a ove con truction Name Constr ction Supervisor's License AFFANATO, JOSEPH No' 36916 Permit For DEMOLISH ' Location 152 Pleasant Pines Ave. Centerville- owner Joseph- Affanato Type,of Construction Plot Lot Permit Granted July 27, 19 94 Date of Inspection: �< Frame 19 ' Insulation 19 _ Fireplace 19 c- Date Completed 19 , _" ' •. - r�w'.,ss ' 'a'.! ,' = _C .' '0^a,'r%`--."�%°-'SC*{E 's r.?P9K' s^g?"' y �,.�-�„„+w.;•�7�'aac-rr+-_ ..,, _ c.� t NO Al NO Z IA m +7�:t� t � t {er •.r_-_._�._ .._.� __ _.._,tee—_ _ —. _ _ _ _ _ _ - Ct c Ctt{Fs'{C4t't70�t�Zt��r� Yw`4ZE'S9 fl ic1-,{ stt� i,3 T'1t"2? �y'D,PIC1 2�RiT 't- f{ x. 2!f51 '£k�'- ..C'PG '�+f:'ae9t� vi _ k'-nt - �"4,i�(;IUZ tvfli TC9� •2�i,4ifTUtil}+9113tf°?';7)Y 01Y E:k'i'1 DicCii! .f?. ni C7 C! "s i �:v 3 u"'��. "fit�r..,i{y3 4•-t_.- r � � zno IOL3 r , t'+o i S!i{•+ty.rt � �� ' ,3 G Si'-:Isi`4{.�2i�C�7 I?l. • c� ._ -? t.._ ., t. � <.. � �, in : ?F a A - •. i :is:}! 't..Ys l._( .'• } : ' b i y i f F _ l+�Alip +o.UeeAl 4(?A -o. key F(c,Ne ;N A- /q j r N _ y Y�� of) —Cw./ b d _c-uc Th kky S.rhs T/4Igc �. fA ! 1 r l `ROPERTY ADDRESS ZONING I DISTRICT CODE SP-DIST S.I DATE PRINTED STATE CLASS PCS I NBHD KEY NO. 0152 PLEASANT PINES AVE 04 RF 1 0 48A 01/D4 B LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS Ty UNIT ADJ•D.UNIT 145685 Lam By;Da'e Sze Dlm"' LOC./YR.SPEC.CLASS ADJ. COND. PE PRICE PRICE ACRES/UNITS VALUE Dascripron A F F A N AT 0 J O S E P H C M A P— co oe m/Acres #LAN D 1 11900 CARDS IN ACCOUNT — L 11 1RESIDUAL 1 X .50 =10c 150 9000.10 13500.0D .14 1900 #OTHER FEATURE 1 7,200 01 OF 01 A I #PL PLEASANT PINES AVE BARN C ST ,y #RP. 1261 MARKET 19500 j INCOME A I USE D ! i APPRAISED VALUE 4 J l I IA 11900 UI PPARCEL SUMMARY 4 g i LAND 1900 T ( i ; LDGS M ! I O—Imps E i I I i TOTAL 1900 r1 I I jN CNST 24700 TT i ' DEED REFERENCeE T , �e,tlM �P R I O R YEAR VALUE Bp LAND 19nr S 9372/1031 109/94 A 100 IBLDGS 1572/259� 00/00 TOTAL 1900 BUILDING PERMIT * RG1 AND SHED S ( N.— Dale Typo A R E ATTACHED.. LAND LAND—ADJ INCOME SE SP—BLDS FEATURES BLD—ADJS UNITS *BLDGS RAZED 1900 1/95 * NEW BLDG C lds s� Cnn sl. Tol al Vedr Buill Norm. Obsv. N/S 1/95. Unils Unls Base Rale Atll.Rale Actual EII. Ago Depr. Contl. CND. Loc. °A R.G. Re pl.Co,,New gtll.Repi.Value Stories Heg"I Rooms etl Rms Baps I Fia. Parlywall F•c. n f Rate Sou—Feel Rep'.Cosl MKT.INDEX: IMP.BY/DATE. / SCALE: ELEMENTS CODE CONSTRUCTION DETAIL J ----__---------- --------------------------- _______________ ___ ______________________ r _______________ ___ -- ----- — 1 --------------- --------------- --- ---------- ---------------- ---------------------- ETo'al n,.eas n,,. = ease - .. --------------- --- ----------------------- T BUILDING DIMENSIONS _______________ ___ ._--_________________-_ A -------------- -- -—------------------- I -------------- - --- ---------------------- L NEIGHt30RH00D 5188 tENTERVILLE LAND TOTAL MARKET PARCEL 1900 1900 AREA 45022 VARIANCE +0 +0 STANDARD 25 ,PURCH. DATE Cone. Slab Bsmt.Garage St. Shower Ext. Walls PURCH. PRICE . Brick Walls Attic FI. &Stairs /% Toilet Room Roof RENT Stone Walls Fin.Attic ✓ Two Fixt. Bath Floors Piers INTERIOR FINISH Lavatory Extra Bsmt. F !J. 1' 2 3 Sink )/a rh r/� U Plaster Water Cla. Extra Attic EXTERIOR WALLS Knotty Pine Water Only )ouble Siding Plywood No Plumbing Bsmt. Fin. Tingle Siding Plasterboard ,/ Int. Fin. w,($hingles ,� TILING 1G :one. Blk. G F P Bath FL Heat r � =ace Brk.On Int. Layout ✓ Bath Fr..&Wains. v polo Ht. Unit v. �� ?� Veneer Irit. Cond. ''` ' Bath FI. &Walls Fireplace __ G---'+' :om. Brk.On HEATING Toilet Rm. Ff. 6 Plumbing ;olid Com. Brk. Hot Air Toilet Rm.FI.&Wains. - Tiling b �� Steam Toilet Rm. Fl. &Wallsy 31anket Ins. - Hot Water I// St. Shower pp / toof Ins. Air Cond. Tub Area Total _ �p •� Floor Furn. l_- - ROOFING 1 u/t c S - COMPUTATIONS y ri 1sph. Shingle. ✓ Pipeless Furn. ✓.. S. F. _ •L+'✓hG - '" Nood Shingle No Heat �7 -- �� S. F. 4vi \sbs. Shingle Oil Burner date Coal Stoker - S. F. 'ila P - Gas ROOF TYPE Electric S. F. ' OUTBUILDINGS ;able / Flat S. F. 1 2 1 3 4 5 1 6 7 8 9 10 11 21 314 5 6 7 819110 MEASURED lip Mansard FIREPLACES S. F. Pier Found. Floor --- : lambrel : Fireplace Stack �-` Wall Found. 0. H. Door LISTED FLOORS Fireplace - ✓ Sgle. Sdg. Roll Roofing :on LIGHTING Dble.Sdg. Shingle Roof .arth No Elect. DATFz line Shingle Walls Plumbing C� lardwood ROOMS Cement Blk. Electric �7C- 1sph.Tile Bsmt. Ist�`f'„1�j TOTAL (: .+ Brick Int. Finish PRICED tingle 2nd 3rd FACTOR44 REPLACEMENT OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep• ACTUAL VAL. 2 3 4 j 5 6 7 f 8 9 10 TOTAL I RESIDENTIAL PROPERTY MAP NO. LOT NO. Pleasant PinesAve. FIRE DISTRICT SUMMARY STREET ^?i Centerville 23h Am _ C-O 73 LAND 4—i.!CO OWNER BLDGS. TOTAL Z• RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: LAND BLDGS. 6_. ,.19., . . .�._..12-57-..2..3&-- TOTAL, LAND %..vo Affanato, Joseph C. & Marlene M. 12 15 71 1572 259 BLDGS. O O , C y N To/V COURT I TOTAL �----- LAND C!�,As Po .ii /✓ T o8�te: � BLDGS. TOTAL r v-z�8 3 rna,-Qe d, �-cz,.,• LAND 01 BLDGS. TOTAL LAND a) BLDGS. TOTAL LAND BLDGS. TOTAL LAND INTERIOR INSPECTED: BLDGS. TOTAL DATE: LAND AGREAGE:COMPUTATIONS � l,c: hpFc ha./��?, P BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HOUSE LOT �r� J 6 7 D p LAND CLEARED FRONT BLDGS. REAR TOTAL WOODS&SPROUT FRONT LAND REAR BLDGS. WASTE FRONT TOTAL REAR LAND BLDGS. TOTAL LAND t� BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH % FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY ; TOWN SEWER LAND ROUGH , `:. TOWN WATER BLDGS. HIGH i GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY NO RD. rn BLDGS. TOTAL ..onc. Glk. watts osna. — '-��%`'� PURCH. DATE t � ,onc. Slab Bsmt.Garage St. Shower Ext. Walls ` PURCH. PRICE. - 3rick Walls Attic Fl. &Stairs 4 Toilet Room / Roof RENT atone Walls Fin.Attic I Two Fixt. Bath Floors . 'iers INTERIOR FINISH Lavatory Extra 3smt. F a 1 2 3 Sink Plaster Water Clo. Extra Attic EXTERIOR WALLS Knotty Pine Water Only )ouble Siding Plywood No Plumbing Bsmt. Fin. Tingle Siding Plasterboard :/ Int. Fin. i y�,,kShingles _ TILING ,h,/9 :onc. Blk. G F P Bath Fl. Heat '-ace Brk.On Int.Layout ✓ Bath Fl.&Wains. Auto Ht._Unit _ Veneer Int.Cond. Bath Fl.&Walls Fireplace .�, 3. ,om.Brk.On HEATING Toilet Rm. Fl. Plumbing Solid Com. Brk. Hot Air Toilet Rm.Fl. &Wains. - - Tiling y` Z �b " Steam Toilet Rm. Fl. &Walls Blanket Ins. Hot Water St. Shower Roof Ins. Air Cond. Tub Area Total s Floor Furn. , ROOFING COMPUTATIONS.. Asph. Shingle ✓ PipelessFurn. S. F. Wood Shingle _-- No Heat S. F. Asbs. Shingle Oil Burner S. F. Slate Coal Stoker S. F Tile Gas S. F. OUTBUILDINGS ROOF TYPE Electric 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 "7 8.19110 MEASURED':`;` Gable Flat S. F. Hip Mansard FIREPLACES S. F. Pier Found. Floor h f p Gambrel Fireplace Stack Wall Found. ( 0. H. Door LISTED`` "" '„.`.' FLOORS Fireplace t Sgle.Sdg. Roll Roofing Conc. LIGHTING Dble.Sdg. Shingle Roof Earth No Elect. DATE _ Shingle Walls Plumbing Pine. Hardwood ROOMS Cement Wk. Electric 7 `?� Asph.Tile Bsmt. 1st i i-/" TOTAL Brick Int. Finish PRICED f_t Single 2nd 3rd FACTOR REPLACEMENT �p 9� - "��c.. gl Z%- OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE p REMOD. COND. REPL.GVAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. , DWLG. vl`f'-f ?- 1 ,/it' ✓ !L SGJ ..e 1 2 3 4 5 - - 6 7 8 9 10 TOTAL RESIDENTIAL PROPERTY � a+ MAP NO. LOT NO. FIRE DISTRICT~ STREET SUMMARY., Pleasant Pines Ave. Barnstable 73 LAND 234 4-BA I B BLDGS. aj0 OWNER TOTAL" Is- o b RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS:. LAND BLDGS. Affanato, Joseph C. & Marlene M. 12/15/71 1572 259 TOTAL Q D O .14 aC LAND (J X //r �O N C O l R 7� BLDGS. J � 0) �EC:S o I/v7- N aJ , O Fj,LL 0 — TOTAL LAND , BLDGS. i TOTAL P_cr / LAND 0) BLDGS. TOTAL LAND ol BLDGS. TOTAL ' LAND BLDGS. 3 TOTAL 'LAND INTERIOR INSPECTED: % �f,fe E_, 0) BLDGS. ac , j e/ , t X- TOTAL DATE: LAND /;-l;775i) blj,, ��_ v ACREAGE COMPUTATIONS BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL HOUSE LOT o o zG0 LAND CLEARED FRONT - BLDGS. REAR TOTAL WOODS&SPROUT FRONT LAND i REAR BLDGS.' WASTE FRONT TOTAL REAR LAND- BLDGS. TOTAL LAN D C) BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH % FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL LOW DIRT RD. LAND SWAMPY NO RD. BLDGS. TOTAL