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HomeMy WebLinkAbout0835 SOUTH MAIN STREET A vC-C 4 i D i i I 5 i i ij Town of BarnstableBuilding gPost ThIs Card So That�t.� '' ' :Street-A roved Plans°Must a Retained oa Job and this Card Must ber Ke"tom s Uisible`From>the enyvatrr�s, � r� Perm it Permit No. B-20-512 Applicant Name: Henry Cassidy Approvals Date Issued: 02/21/2020 Current Use: Structure Permit.Type: Building-Insulation-Residential Expiation Date: 08/21/2020 Foundation: Location: 835 SOUTH MAIN STREET,CENTERVILLE Map/Lot 185 018 Zoning District: CBDCRNB Sheathing: Owner on Record: RUST, FREDERICK W III&LOUISE D Contractor Name • zCAPE COD INSULATION INC Framing: 1 Contractor•License: 153567 Address: 41 SOUTH MAIN STREET _ 2 DERRY, NH 03038 ( Chimney :rect Cost: $4,300.00 Description: Weatherization y; �Permit Fee: $85.00 Insulation: Project Review Req: r f ' Fee Paid: $85.00 l Date . 2/21/2020 Final: t x r f Plumbing/Gas y Rough Plumbing: fj r Buildin Official g Final Plumbing: This permit shall be deemed abandoned and invalid unless the work aUthonzed by this permit is commenced within six months after issuance. All work authorized by this permit shall conform to the approved applieki n and the,,approved construction documentsfor which this permit has granted. Rough Gas All construction,alterations and changes of use of any building and str to esshallebe in compliance with the local zornng�by-lla 't nd codes. This permit shall be displayed in a location clearly visible from access street or"road and shall be maintained open for public inspection for the entire duration of the Final Gas: work until the completion of the same. a ° Electrical The Certificate of Occupancy will not be issued until all applicable signatures bythe Building and Fire Officials ereprovid'e'd on this permit. Minimum of Five Call Inspections Required for All Construction Work ; � g _ Service: y,. 1.Foundation or Footing MCI a Rough: 2.Sheathing Inspection 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final: 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection). Low Voltage Rough: 6.Insulation 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund (as set forth in MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT ON L-J z- �,�y� i 7Y �aa � o r � Town of Barnstable ,., jj�' �Permit# tCls�E'W''ices 6 months from b=e dice Regulatory Services "'Feel._ RAPUNsrnMM&etE _ �t v v. Richard V.Sca%Director 1 161 roe , J ,A1 � Building I?ivision1;�8/4lHdV �/' Tom Perrv,CBO,Building Commissioner , m 200 Main Street,Hyannis,MA 02601 �lD� www.town.bamstable.ma.us �\ Office: 508-862-4038 Fax:5 -790-6230 EXPRESS PERMIT APPLICATION RESIDENTUL ONLY Map/parcel Number �� Not Valid without Red X-Press InTrint 1 g� a—Ir�' ewt'ud Residential Value of Work S L 6 0Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address fWc� Q 1 03� Contractors Name 0C.. ' � .``��� :`�,(_,.��� 'I'elep a Number Home Improvement Contractor�ic�ense# if licable tj �� ,, �� < P ( aPP� ) Y� Email: ! `��C� •• � 1 � � 6 V Construction Supervisor's License#(if applicable) C''S� � d c OWorkman's Compensation Insurance Check one: ❑ I am a sole proprietor U 1 311{1.1{G FIVIIIGV Gl I have Worker's C mpensation Insurance Insurance Company Name y `C'� �0o i Workman's Comp.Polic # � � � �( Copy of Insurance Compliance Certificate must accompany each permit.. Permit Request(check box) i ❑ Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to Uii`- '1�'�." - ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) R Re-side ti. ❑ Replacement Windows/doors/sliders. -Value (maximum.32)#of windows #of doors: ❑ Smoke/Carbon Monoxide detectors 4 floor plans nuanced with red S and inspections required. Separate Eiecti icai&Fire Permits required. *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of tpe Rome Lnprove 7tractors License&Construction Supervisors License is required. SIGNATURE: /T•tT Fn-.•,dllon..11:1.1 A....F�nL.0..,.nlli.f:w«..... 1/:...7w..,..iT...«........�.1..a.._—..aCa__1/'4-�a__a./l.-aL..1.1.1T1AtTTTD1AVIfDI)O[.�-- v-•v.•v.u.vwvaa.u.u+p,yaruua waawJu.aavavova..Tr.a.Mv n,s.J VJJ.{Ieaauay JJatviJJvcJ-ffWtWlttvtll.VYi1VVAiLl1Vl L11111Laf1I1WJ7J.UVV Revised t>4o215 , MAN Sol* Town of Barnstable Regulatory Services Richard V.Scab,Director Building Division Thomas Perry,CBQ Building Commissioner 200 Main Street, Hyannis,MA 02601 www town.barnstablemra.us Offim: 508-862-4038 Fax: 508-790-6230 Property Owner Must , Complete and Sign This Section If Using A Builder as Owner of the property hereby authorize e-� A tq act ofi my behalf, in A math relative to work authorized by this building permit application for: d (Address of Job) Signature of Owner D Print Name If Property Owner is applying for permit,please complete the Homeowners License Exemption Form on the reverse side. C:'U'M kwUiktAppDataW*mUftr soltlWWowslTempomy 3ntmM FOeslCmtwltou lookMOIDHRMPUS3.dDC Revised 04M13 71,ConenwnlIva lie o,f ssach seNs Deg,,..,t ofIndustrial office of Itnaestigations Z 60(1Washington Stiaeet Boston,MA 02111 ldia +i»n'w.neassgm°' bees rs/Culatra�rs ectlicians/Plum Workers' Cpeusation�surance Affiidavit:Bm1de 131ease Win! iicant Irl<forffiat�n v�f}: Nam %r �j- r phoneIV city/state/ T�°Pe°f project(requ +f9: e ,�?Check the appropriate boa: Am mploy 4. ❑I am a gmerA contractor and I 6 ❑New c0nsU=tfon, 1. employer Wi4t►- # have.hinA the sub-contractm 7. ❑1�ode1i employees(W andtor part-tme)- lye,on the attacbed sh�- icon. 2.[] I am a sole proprietor or P Tie sub-contactors have S. ❑I7�o� and hates no employees employees and have Wodms' 9_ 0 Budding addition Wodtin$ for me in any capacity- comp-insurance•' lo.0 Electrical repairs or additions [No workers'camp-insurame 0 5. We are a corporation and its -� 11. Plumbing repairs ar additions reqmredofficers have exercised ❑ 3.❑ I am a hcmwwnw doing all work right:ofemmuomPer MGL 12.0 Roof reps is A� . myself.[No workers' - c.152,§1(4),and we have no 13. �` b00L insurance reginfed.j° employees.[No vmdmn u i comp.enswant a reQtlase� e[s cmpm Policy imp 5mt$ army RRUCM dm dmcks tom#1 alw fill got ty ve doi� 'rW=cUHs m sa6mia sw j Z omen s mbo=bmg obis af�daviz�ifff sit g tke cam of die sab-c whet motYhose eam �Coatrr=turs ipat check ills enact audmd ao addibund theia Wmt W Cam.Policy n�m' y s DW provide .Vwy..iftlee snbaco�nacmas�=Fl y $etoty is flee podec3' d f ob site fete inSet6�Rce for my go I aree een sr flint is prokiaw nrortters'ccoeiepeees eeriploy iqfOrrmadon. insurance Company Name: Evirafion Date: Policy#or Self-ins-Lic.#: S 37 t-->. � CitytStatea-sp: Job Site Address: declaration Page(showing dte P°bcY number and expiration date). of cxirminal penalties of a Attach a of the workers under section 5A of MGL c. 152 can lead to the imPoss�' Failure to secure coverage gone-- imprisanale�as well as cs�il Penalties the f may be�'�ded�O��and fine fine up to$1,50o.QtD and Beabised that a copy of this statement of up to$250•00 a day a0`4 the violator. atio . e coverage axed earrstt Investigations of the DlA for a is antderthe 'nsandpsnattiss perjie dwtheinfarrraatiarnPVII e+d®� / I do hemby cam: £ Date: ed bro' or torn ofeeiat Ofrchd else only: Ida not write in this area'tv be comnpw PermftJLicense# City or Town: : Issuing Authorit3'(circle one): 3.Cftra Town Clerk 4.Electrical Inspector 5-.I?glenmbh g�sgectmr 1.Board of Health 2.Binding De'Parment fi.Other Phone#: � Contact Person: I Client#: 16665 2MEAGHERCO ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 10/31/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dowling&O'Neil Insurance Agy PHONE -1620 FAX 5087781218 AIC No Ext:508 775 AIC,No 973 lyannough Road EMAIL ADDRESS: MA P.O.BOX INSURER(S)AFFORDING COVERAGE NAIC# Hyannis,MA 02601 INSURER A:Penn-AmericaInsurance Company 32859 INSURED INSURER B:Associated Employers Insurance Company 11104 Meagher Construction Inc. INSURER C: Timothy Meagher INSURER D 776 Main Street Osterville, MA 02655 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MM/DD/YYY A GENERAL LIABILITY PAV0186320 10/16/2018 10/1612019 EACH OCCURRENCE i1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES RENTED rrence $5O 0OO CLAIMS-MADE I OCCUR MED EXP(Any one person) $5,000 X BI/PD Ded:500 PERSONAL a ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 X POLICY 0 PRO-JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS /, Per accident $ . UMBRELLA LIAB OCCUR EACH OCCURRENCE' $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 14DED RETENTION$ $ B WORKERS COMPENSATION WCC50050054422018A 6/23/2018 06/23/201 X `"c sT�IT T oRH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $10O 000 OFFICERWEMBER EXCLUDED? � N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Insurance coverage is limited to the terms,conditions,exclusions,other limitations and endorsements. Nothing contained in the certificate of insurance shall be deemed to have altered,waived,or extended the coverage provided by the policy provisions. . CERTIFICATE HOLDER CANCELLATION Town of Barnstable SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Building Dept. ACCORDANCE WITH THE POLICY PROVISIONS. 200 Main Street Hyannis,MA 02601 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S222476/M221069 RPSW1 I CONSTRUCTION 776 Main Street ®sterville, MA 02655 5 508-428-0458 Tim@Meagherine.com o Commonwealth of Massachusetts Division of Professional Licensure Board of Building Regulations and Standards Cons trow�Ip7rvisor " CS-102260kF'.4 µ Epires: 11/05/2020 MICHAEL S MEAGHER, 97 EMERALDANE ,' ' ff MARSTONS MIL4S MA02648 * Commissioner office of consumer IMPROVEMENT CONTRACTOR �on TYPE:individual . E it t'o Re Q - E 1629313 04/26/2019 MEAGHER CONSRUCTION,INC UN S 4 MICHAEL MEAGHER Jfl R 776 MAIN STREETaArk y �--- OSTERVILLE,MA 02655. Undersecretary MA86 p 1639• ,C Town of Barnstable Zoning Board of Appeals . - Notice of Withdrawal Appeal Number 1998-50-Rust . Modification of Appeal No. 19957-39 Summary: Withdrawn Without Prejudice . Applicant: Louise D. Rust - Property Address: 835 South Main Street,Centerville Assessor's Map/Parcel: Map 185, Parcel 018 Area: 0.87 acre Building Area' 5,418 sq.ft.. Zoning: RD-1 Residential•D-1 Zoning District Groundwater Overlay: . AP Aquifer Protection District- Background: The property that is the subject of this appeal is a 0.87 acre parcel improved with a 3,498 sq. ft. single- family residence and a 1,920 sq. ft. three car garage. The site is adjacent to the Bumps River in Centerville and is addressed as 835 South Main Street: The applicant wishes to convert a portion of the storage area in the upper level of the existing garage to a family apartment containing two bedrooms, a seating area, bathroom and kitchenette. In April of 1995, the Zoning Board.of Appeals granted a variance(Appeal No. 1995-39)to allow a garage structure to encroach 13.5 feet into the minimum 30 foot front setback required on the subject property. The Board granted this Variance subject to three conditions. Condition Number 2 of that Appeal states: "The garage into be constructed pursuant to the plan as a one story structure with no full second floor. Windows located above the first floor shall be for esthetics only. The floor area above shall only be used for storage and shall not be used for human occupation." In order to permit a family apartment on the upper level of the existing garage, the applicant is requesting . the following relief: • Appeal Number 1998-50-Modification of Condition No. 2 of the variance granted in Appeal No. ' 1995-39 to allow a family apartment in'a portion of the space subject to this condition. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on February 19, 1998. A public hearing before the Zoning Board of.Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A: The hearing was opened April 01, 1998, at which time the Board granted the withdrawal without prejudice. Hearing Summary: Board Members hearing these appeals were Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy and Chairman Emmett Glynn. Attorney Michael Ford represented the applicant, Louise D. Rust, who was present along with her husband, Frederic Rust. Attorney Ford requested and the Board agreed to have both appeals heard together. .t s ; Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-50-Rust Modification of Appeal No.1995-39 Attorney Ford submitted a memorandum in support of these,appeals including a plan showing the footprint of the garage and the family apartment. He also submitted photographs of the garage. The dormers on . the garage match the dormers on the house. Mr. Ford reminded the Board that the Petitioner was previously granted a Variance (Appeal Number 1995-39) to permit a portion of the garage to be constructed within the front yard setback. Condition#2 of Appeal Number 1995-39 states that"...the floor area above [the garage] shall only be used for storage and shall not be used for human occupation. They are now seeking to modify that restriction to permit a family apartment in the garage area on the second floor that is located outside the front yard setback. In Attorney Ford's opinion, the intent of that condition would still be in effect in that there will be no habitation within the front setback because the apartment would only be located in the area outside the front yard setback. w The applicants understand the restrictions of Section 3-1.13(3)(D) for a Family Apartment and are in compliance with all the regulations. The apartment is to be occupied by the parents of Mrs. Rust. Attorney Ford submitted four letters of support for the Family Apartment. Attorney Ford stated the applicants will present the plans.for the family apartment to the Board of Health to make sure their Title V septic system is adequate. The Board asked Mr. Rust about utilities in the garage. Mr. Rust replied that there is electricity in the garage and a circuit breaker. The garage is currently heated with a gas furnace that will need to be upgraded. There is a bathroom_ on the first floor of the garage. Both the house and the garage are hooked up to the Title V septic system. The Board was concerned because in 1995 when the original Variance was granted there was a condition imposed that this building was not to be used for human occupation and now the applicant is seeking to do just that. Some Board Members stated that if they knew then (1995) that the applicant was going to later seek to have the Variance modified to allow the garage to be used as living space, they may not have granted the Variance to allow the construction of such a large oversized garage. The Board felt this was an overintensification of the lot. The Board asked about any conservation restrictions and Attorney Ford explained that there is an Order of Conditions for the main house, but the garage is outside their jurisdiction. The entire lot is .87 acres and Mr. Ford was not sure of the exact amount of upland on the property. When reviewing the plan submitted, Board Member Gene Burman questioned why there was only one means of ingress/egress from this second floor apartment and stated he was concerned for the safety of the parents who were to occupy this apartment on the second floor. In view of the Board's concerns, Attorney Ford stated the applicant would like to withdraw without prejudice this appeal (Appeal Number 1998-50) and Appeal Number 1998-51: Decision: Per request of the applicant, a motion was duly made and seconded to allow Appeal Number 1998-50 and Appeal Number 1998-51 to be Withdrawn Without Prejudice. The Vote was as follows: AYE: Gene Burman, Ron Jansson, Richard Boy, Gail Nightingale, and Chairman Emmett Glynn- NAY: None Town of Barnstable-Zoning Board ot—ppeals-Decision and Notice' ~ Appeal Number 1998-50-Rust Modification of Appeal No.1995-39 - Order: Appeal Number 1998-50 has been Withdrawn Without Prejudice. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 11,within twenty (20) d ys after the date of the filing of this decision..A copy of which must be filed in the office of the Town. . Cler /$ 998 . Emmett Glynn, Chairman r Date Signed Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusettsi 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 f 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 6 . 3 Town of Barnstable Zoning Board of Appeals Decision and Notice Variance--Bulk Regulations Front Yard Setback ro Appeal Number 1995-39-Rust Summary Granted with conditions Applicant&Owner: Louise D.Rust ' Property Location: 835 South Main Street, Centerville,MA Assessor's Map/Parcel: .185-018 Zoning: RD 1,Residential D-1 Zoning District Applicant's Request: Variance to Section 3-1.1(5)Bulk Regulations,Front Yard Setback to allow the construction of a garage within the required front yard setback Background Information The subject of this petition for a variance to the front yard setback is a 0.87 acre lot located along South County Road in Centerville,MA. The lot is bounded on two sides by the Centerville River and by Bumps River. The applicant is seeking to vary the required 30 foot front yard setback by 13.5.feet to locate a proposed detached garage structure 16.5 feet from the right of way on South County Road . The applicant has submitted in the application that the following factors apply to the site and could justify the granting of the Variance requested: 1. The unique lot shape in that it is surrounded on two sides by water. 2. The topography of the lot with includes a coastal bank. 3. The drastic slope of the land that varies approximately 18 feet within 25 feet of a coastal beach. 4. The more level portion of the lot is roughly defined by elevation 46 to 50 and is limited in area. 5. The location of the structure within the required front yard area has the benefit of keeping the structure 100 ' feet from the top of the coastal bank Procedural Summary: The application was filed on February 6, 1995,a public hearing was advertised and notices sent to abutting properties owners as required under MGL Chapter 40A. The hearing before the Zoning Board of Appeals was open and closed on April 05, 1995. At that hearing the Board found to grant the petition as requested and with conditions. The petition was heard by Board members;Tom DeRiemer,Elizabeth Nilsson, Gene Burman,Ron Janson and Chairman Gail Nightingale. Attorney Michael Ford represents the petitioner during the hearing. He submitted a memorandum reiterating the variance condition enumerated in the application and showed photos of- neighboring structures that encroach into the front yard setbacks. Attorney Ford stated that the home was built 35 years ago and that the applicant has owned the property for three years. The request before the Board is to permit a detached garage to be built that would encroach into the required 30 foot front yard setback established for the RD1 Zoning District. Attorney Ford cited the changing in topography from elevation 28 feet to 50 feet in about 170 feet along the property as it fronts on South Main Street. He noted that this is a sharp rises. Because of the topography and the location of the existing principal structure, there is only one place to put this garage. He also cited that the land is subject to jurisdiction of Conservation and the plan to locate the garage have been approved by Conservation Agent,Mr.Gatewood. The location was approved because it will not impact the coastal banks. The Board questioned the size of the structure,desiring to know why it had 40 feet long by 24 feet. Attorney Ford noted that the existing structure has no basement and the families need for storage was critical(boats,bicycles and children's toys and athletic equipment etc...). The family also has three cars and a collector's 1948 Jaguar that would be housed in the garage. Attorney Ford also noted that Mr.Russ'business partner is a quadriplegic and this garage enables him to.visit the home and to park his vehicle in the garage. ;mining Board of Appeals t Decision and Notice Appeal Number 1995-39—Rust Attorney Ford continued to speak with respect to variance conditions and the three prongs of Chapter 40A, Section 10 which appear to be met. Additionally there is a very large beach tree they want to save. Mr.ford feels that this Variance could be granted without detriment to the public good. He suggested that there is sufficient-screening with vegetation The plans permit safer ingress and egress to the home and lot and it enhances the natural features. This variance permit would be within the spirit and intent of the Zoning Ordinance. The Board requested public comment.Mr.Burkowitz a neighbor spoke to say he has no objections. The Chairman noted that two letters were received and submitted to the file. The first from a Brian Wallace and the second from Lois Taylor both were in support of the petition for a Variance. FINDINGS: At the hearing of April 05, 1995,the Board unanimously found the following findings of facts as it related to Appeal No. 1995-39 for a Variance to the Font Yard Setback. 1. The property is at 835 South Main Street, Centerville,in an RD-1 Residential Zoning District. 2. The existing single-family dwelling on site is without'a basement. 3. The applicant is seeking to build a three car garage for the family cars and for storage purposes of family recreational equipment. 4. The proposed garage will be built within the required 30 foot front yard setback,infringing by 13.5 feet. It is to be located 16.5 feet from the right of way on South County Road. 5. The lot is somewhat unique in shape in that it is surrounded on two sides by water. 6. The more level portion of the lot is roughly defined by elevation 46 to 50 and is limited in area. 7. ' The lot has several topographical issues and by virtue of these features no other areas are suitable as to where the garage could be built. 8. Granting this variance would not be in derogation in the spirit or intent of the Zoning Ordinance nor would it be detrimental to the neighborhood. DECISION: f Based upon the positive findings,a Motion was made and seconded to grant a variance in Appeal Number 1995-39 -Rust with the following terms and conditions: 1. The garage is to be constructed as per plan dated January 31,-1995 and submitted to the file. 2. The garage is to be constructed pursuant to the plan as a one story structure with no full second floor. Windows located above the first floor shall be for esthetics only. The floor area above shall only be used for storage and shall not be used for human occupation. 3. The existing vegetation shall remain and additional vegetation shall be planted for screening along South Main Street. The Vote was as follows: AYE: Elizabeth Nilsson, Gene Burman,Ron Janson,Tom DeRiemer and Chairman Gail Nightingale NAY: None ORDER: Appeal Number 1995-39 has been Granted with Conditions.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 ofthis decision in the office of the Town Clerk. — Date Signed I Linda Leppane. 6 clerk of thA i own of Barnstable B 1 aristati c 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. a and,seakdltliis b'n �� day Si of ka¢ under 00pains and penalties of perjury. mda ep en,Tor g erk 2 i