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Town of Barnstable
HE fois‘
Regulatory Services
Thomas F. Geiler,Director
szABLE, Building Division
ass.
i63q. `0� Thomas Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601
Office: 508-862-4038 Fax: 508-790-6230
August 1, 2013
Mr. Edward J. DeWitt
Executive Director and General Counsel
Association to Preserve Cape Cod
3010 Main Street
P.O. Box 398
Barnstable, MA 02630
Dear Mr. DeWitt,
I have received and reviewed your correspondence regarding the Association to
Preserve Cape Cod (APCC) and how this relates to purchasing real estate in the
Town of Barnstable. While I agree that APCC is incorporated as a non-profit
educational corporation, the activities that this entity participates in must be
directly related to the educational mission of the corporation. Just because one
is a non-profit does not mean that any and all activities can take place here.
For instance, office use by the non-profit would be allowed to take place here,
however; to turn around and then rent office space to a business or a private
individual would not be allowed. The zoning exemption would not apply to this
as this activity is not directly related to the non-profit.
Fundraisers conducted at this location may also be problematic and would need
to be looked at;on a case by case basis. To conduct fundraising here on the
grounds for the corporation may be permitted; but to rent out the grounds under
the guise of raising funds for the corporation, to an outside entity or individual
would not be allowed under the zoning exemption. -'
I hope this helps in your decision and if I can be of further assistance, please do
not hesitate to contact me.
Thomas Perry, CBO
Building Commissioner
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4; Association to
�i1ii II i I�W Preserve Cam cod 1 1 t 10: 20
July 11, 2013
DIVISION
Mr.Thomas Perry, Building Commissioner
Town of Barnstable
200 Main Street
1 Hyannis, MA 02601
Re:Association to Preserve Cape Cod (APCC)Zoning Status
Dear Commissioner Perry:
As you know, Mass. Gen Law ch.40A§ 3 provides some zoning deference for nonprofit
educational corporations. Specifically:
No zoning ordinance or by-law shall regulate or restrict the
interior area of a single family residential building nor shall
any such ordinance or by-law prohibit, regulate or restrict
the use of land or structures for religious purposes or for
M
educational purposes on land owned or leased by the
commonwealth or any of its agencies, subdivisions or
bodies politic or by a religious sect or denomination,or by
a nonprofit educational corporation; provided, however,
that such land or structures may be subject to reasonable
regulations concerning the bulk and height of structures
and determining yard sizes, lot area,setbacks, open space,
parking and building coverage requirements.
The Barnstable Zoning Bylaw defines nonprofit educational use as:
An educational use conducted by a not-for-profit corporation
whose articles of incorporation permit it to engage in
educational activities and "educational purposes" as its principal
permitted use within the meaning of MGL c.40A, §3,including
but not limited to libraries and museum. 240-130.2
,Established in 1968,the Association to Preserve Cape Cod (APCC) (formerly the
Association for the Preservation of Cape Cod) is a Massachusetts nonprofit corporation
recognized by the United States Internal Revenue Service (IRS) as a nonprofit
"Educational" organization in accordance with IRS Code Section 501 (c) (3) (copy of the
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4 r 4 x 3010 Main tr et; P ��0 4 03 T ,
3 ,, , r ,S ee 0 Box 398 1-,Barnstable MA 2630 98 4
11a •te 7 �� tr �� � � �,,i".t t. art� ``'�x: � + x( c .T y,.
t :.; aToll Free 1,877'9_f5t5 4142 Tel 508 362 4226 Fax 508=362 4227 info@apcc orgww apcc org 4, it ,�:
'��`y;"i'YF�t� F F F +„6J 4. �t4• Y.,, k A NON PROFIT ORGANIZATION•DUES�D CONTRIBUTIONS TAX DEDUCTIBLE AS PROVIDED BY LAW { �s
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determination attached). APCC is evaluating the purchase of real estate for a permanent
home and principal place of business within the Town of Barnstable. It would be helpful
for APCC to understand whether under the definition, practices and procedures followed
within the Town of Barnstable,APCC would be considered a nonprofit educational use.
As delineated in the Articles of Organization (restated in 1976) (copy attached), APCC was
formed and is operated exclusively for"scientific,educational, civic and charitable
purposes." To this end APCC "disseminate[s] educational material and information"that
is relevant to the preservation of the total environment(physical, aesthetic and
otherwise)and the natural resources of Cape Cod. " Additionally the Articles direct APCC
"to educate and stimulate the youth of Cape Cod to appreciate, understand and
contribute to the preservation of the total environment, natural resources and beauties
of Cape Cod."
In 2013 these purposes are demonstrated through some of the following programs
(partial list greater detail is available at www.apcc.org):
• Whitlock internship—paid program to train graduate school level students in the
field of ecology.
• Geist internship—paid program to train undergraduate level students in the field
of ecology.
• Summer science teacher field experience—paid program that trains public school
science teachers in applied science and field study.
• Salt marsh intern program—paid program that provides applied science and field
work experience to undergraduate students.
• Various public education programs and forums-e.g. native plant series, coastal
planning workshops, stormwater management training, lectures to community
groups.
• Publication of various educational materials, e.g.Shorelines, Critical Habitat Atlas
of Cape Cod.
l'request that you review this letter and the attached documentation and make a
determination whether the Association to Preserve Cape Cod (APCC) is a nonprofit
educational`corporation referred to in Mass. Gen Law ch.40A§.3 and that our use of
property as our primary place of business in the Town of Barnstable satisfies the zoning
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bylaw definition of"nonprofit educational use."Thank you for your consideration and
your willingness to meet with and discuss this project.
Sincer- v
WO
eikr
i and J. DeWitt f
r
Executive Director and General Counsel
enclosures
I have reviewed the materials submitted and I have determined that the Association to
Preserve Cape Cod (APCC)would constitute a "nonprofit educational use" under the
Barnstable Zoning Bylaw if it were to own and operate its principal place of business
within the Town of Barnstable.
July_, 2013
Thomas Perry
Building Commissioner
Town of Barnstable
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Addraas any reply to BG -EO-70-319 .
D epautmGmOQ D ®
- 6 . D rAi@q D8®@ ®&
Internal Revenue Service -
Dete: In rep
ly.refer to:
. April 13, 1970 AUsR:EO:GT
4.4 Association For the Preservation of
Cape Cod, Inc.
Box 325, Pine Crest Road
Eastham, Mass. 02642 .
Gentlemen:
• Purpose: Educational
Address Inquiries to Director of Internal Revenue: P.O. Box 9122, Boston, Mass.
Accounting Period Ending: 02203
December 31
On the basis of the information submitted and the understanding
that your-operations will continue as evidenced to date or.will conform •
to those proposed in your application, we have concluded that you.are
exempt from Federal. income tax as an organization described in section
501(c)(3) of the Internal Revenue Code. Any changes in operation from -
those described, or in your character or purposes, must be reported
immediately to the District Director shown above for consideration of
their effect upon your exempt status.' You must also report any change
in your name or address. In' this letter we are not determining whether
you are a private foundation as defined in the new section 509(a) of '
the Code.
Your attention is invited to the new section 508(b) of the Code,
which 'sets forth requirements for establishing that. an organization
exempt under section 501(c)(3). is not a private foundation. When
procedures are developed to implement these new requirements, we will
advise you how to proceed to notify the Internal Revenue Service if
you do not believe yourself to be a private foundation.
. For years, . beginning prior to January 1, 1970, you are (not) re-
quired to file the annual information return, Form 990-A. •For sub-
sequent years, please refer to the instructions accompanying the Form •
990=A for that particular year to determine whether you are required
to file. If filing is required, you must file the Form 990-A by the
15th day of the fifth month_after the end of your annual accounting
period.
You are not required to file Federal income tax returns unless
you are subject to the tax on unrelated business income, under section
511 of the Code. If you are subject to this tax, you must file an
income tax return Form 990..T. In this letter we are not determining
roRM L=178{REv.2-701
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w.,ether any of your present or proposed activities are unrelated trade
or business as defined by section 513 of the Code. Contributions made
to you are deductible by donors as provided in section 170 of the Code,
as amended by the Tax Reform Act of 1969. Bequests, legacies, devises,
transfers or gifts to or for your use are deductible for Federal estate .
and gift tax. purposes under the provisions of sections 2055, 2106 add
2522 of the Code.
You are not liable for Federal Unemployment taxes. You are liable
for Social- Security Taxes only if you have filed Waiver of Exemption
Certificate, SS-15, as provided in the Federal Insurance Contributions
Act.
This is a determination letter.
Sincerely yours,
•
WILLIAM E. WILLIAMS
District Director
Your attention is called to section 1.501(c)(3)-1(c)(3)M1of the Income Tax
Regulations wherein an "action" group is defined. Should Your activities
be considered as attempting to influence legislation, your exemption ,
would be in jeopardy.
Membership dues paid to ,your organization which do not bestow on the
members any benefits or privileges in return for their payment are
deductible as charitable contributions.
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THE COMMONWEALTH OF MASSACHUSETTS 55 • •••
• cdi lz
Ctrvn
. RESTATED ARTICLES OF ORGANIZATION
St;•1.. 4-tit,
''": tali (General Laws. Chapter 180, Section 7) •
CORPORATION DIYisioN E I hereby approve the within restated articles of 1•
SECRETARY'S OFFIC organization`and, the filing fee in the amount of
:•';;;,1;`'; ,,;.:,K :•%. • having been paid, said articles ar Med to have been ,
QY •
,..filed with me thi day
of 197• .
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FAUL GUZZI . -
a. .
- ' .
Secretary of the Commonwealth •
Slate House.Boston,Mass.
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TO BE FILLED IN BY CORPORATION
r ' PHOTO COPY OF RESTATED ARTICLES OF ORGANIZATION TO BE SENT "
TO; ,
E. H. Btelf ,
Attorney at Law ,
486 Riverview Drive ...:......:........
Chatham., .Maas. '02633 • ,:
Copy Malted •
! '
' i pQRMCO•i8OS.7 1•Ghf-1-72.050865
' alit CP
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PAUL GUZZI
Secretary of the Commonweulrh
STATE HOUSE, BOSTON, MASS. 02133
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RESTATED ARTICLES OF ORGANIZATION _ '
' General Laws, Chapter 180, Section 7 . , •
f
This certificate must be submitted to the Secretary of the Commonwealth within sixty days after the date of the t
• • 'vote of members or stockholders adopting the restated articles of organization. The fee for filing this certificate is,': '
•,' $26.00.Make check payable to the Commonwealth of Massachusetts.
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u^
....We. A. C. Jones , PresidentAacs 'resilsn,
and
i• Katharine lhittum .ClerkfSeitai�t; o£ . .
—; 't : , :,, 'r`':~ AssociationForv %The Preservation Of Cape Cod .'
(Name of Corporat ont 7 !:,
located at lain Street (P.O.,_ Box 636) ,. Orleans,. Mass, 02653
do hereby certify that the following restatement of the articles of organization of the corporation was duly adopted at • : •
a meeting held on May 24 , 19 76 , by vote of..1Q.4.3.,members -
. J fiha�olcfefs, "''
' being at least two thirds of its members legally qualified to.vote in meetings of the corporation(or,in the case of a '
corporation having capital stock,by the holders of at least two thirds of the capital stock having the right to vote •:`;
thereon):
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_:1 ,...:, -;•, ' 1.. The name by which the corporation shall be known is:-
:'' ` • ; .Association For The Preservation Of Cape Cod., Inc, ,
';1 • • a. The purposes for which the corporation is formed ars•as4t>flews,. and for:whioh-it tri11 be operated.are as follows, namely, exoluaively scientific, eduoa=
titanal -�' `'
,L .:.-; , oivio and charitable purposes and, subject in all autos -- .• to such restrictions, morespecifioally:
,r.=+> • �.. To carry out, directly, by contract with others
�'•'. ` • means , and by other : •
�:_y. ,:._ , research, experimentation and analysis concerning all aspQa e';._ -
of and matters relevant •to preservation of the total environment -,,,, , (physical, eethetio and otherwise) and the natural resources of.
'`!';::. = Gape Cod, including, without limitation, the impact thereon Of.ytic,f :,: ,,,,growth in population, construction, traffic,-.,.:tourism, etc., or.a1-"' ;,:•
,irt;t t ,,;4tdgna.tive .forme of transportation, of ,pest.,control measures,andt ' r: =-•.;:.
iv i�: o;;other internal and external in • ,f r t-. ,
•iJ. :,.;,, - • •. urinate eduoational material and information relettt 1g.:to•;, •
the' foregoing, and for Such purpose to make available the eeryibera '' '
of speakers and experts in the fields of ecology, conservation, . . k ;. :
,, planning and physical and social eolenoee; _
�� ris 4 (continue d) ., .
. • don pages 2t1 and 2B attache ' •
t: M. .•
i+art 4, .ti,.';.NOTE:If provisions for which thus ace provided ;�•�; •>.,; � - - p p vi ed under Articles 2,3 and 4 is no suffici tat dtiIti
$1;,::,{ .�,- s-''f fiet putt on continuation sheets to be numbered0 P AA .'. ,
•,'r• ;�. .,.s:,+,. �•• - 2A,2B,etc, indicate Under each Article w�ip�o t.�
,ti +,� • ; �_,: ,,,t±#put. Cont1nuatioa sheets shall be ou EPA"x I an -. .
', ;,: ':Rr,l•`4:'.-bitidigg:'`Oiily .die side shou used.- i capes . cI must have a Left-hand tn;ti�I,q,. � j ;l `; i
S Id be uS Jj,:•'inc#:,,e.. .`•4,14.§fgM:P
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3. To stimulate and encourage governmental entities , agencies and
officials, as well as other civic organizations, to understand and
publicize the vital importance of preserving the total environment
and natural resources of Cape. Cod;
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4. To educate and stimulate the youth of Cape Cod to appreciate,
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. understand and contribute to the preservation of the total environ-
ment, natural resources and beauties of Cape Cod;
5. To participate actively in• the preservation of the character,
physical environmental quality and natural resources of Cape Cod
by conserving and maintaining open land; including wetlands and , •
uplands as well as other areas, and animal and plant life and the
natural resources therein, and the natural beauty thereof for the
benefit of the inhabitants of and visitors to Cape Cod;
. 6. To support and participate. in, by appropriate means, measures
and actions directed toward compliance with all laws, statutory
and other, for the protection and enhancement of the environmental
quality and natural resources of'Cape Cod;
7. In furtherance of the aforementioned purposes, to perform,
either alone or in conjunction with others, directly or indirectly,
all acts and things reasonably .necessary or appropriate for the •
accomplishment thereof, including, without limitation, a) the -
acquisition, by purchase, gift, devise, bequest, lease, . acquisition
of conservation restrictions, or by other means, of interests in
real and personal property, and to hold., use, maintain, improve
and operate and to otherwise deal in and contract with respect to
any such real and-personal property and erect structures thereon
in furtherance of its corporate purposes; and b) to participate
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in judicial, quasi-judicial and administrative proceedings, either
as •an .original party, •as an intervening party, or by assisting
Others engaged in such proceedings, financially or otherwise.
8. No part of the net income of the corporation shall inure to -
the benefit of or be distributed to any members, directors, or
officers of the Association or other private individuals.
9. No substantial part of the activities of the corporation shall
consist Of carrying on propaganda, or otherwise attempting to in-
fluence legislation, or participating in or intervening in (in-
cluding publishing or distributing statements) any political cam-paign on behalf of-or against any candidate for public office.
10. The corporation shall not .be operated for the benefit. of pri-
vate interests such as designated individuals, the creators of
the corporation or their families, or persons controlled, direct-
ly or indirectly, by such private interests.
11. The corporation' s activities shall, at all times, be limited,
to scientific, educational, civic and charitable purposes and the ,
corporation shall not engage, otherwise than as an insubstantial
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part of its activities, in activities which are not in further-
ance of scientific, educational, civic and charitable purposes,
within the meaning of Section 501(0) (3) of the Internal Revenue
Code, as it may be amended.
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12. The assets of. the corporation are and shall be permanently
dedicated
to an exempt pUr.pose as defined in. sa
•- nua Co w id Internal Reve-
de. Should the
h corporation be dissolved, its assets shall
be -distributed for such-exempt purposes, or to the Federal Gov-
ernment or to a state or local government for a public purpose.
- No assets shall be distributed to the members of the corporation
or to any private individual, or for any other purpose than as
• provided in the said Internal Revenue Code, the intent hereof being
that the assets of the corporation are and shall remain permanent-
ly dedicated for such exempt purposes.
13. If, on the dissolution of the corporation, -a: named beneficiary
- is to be the dis-tributee of the assets of the- corporation; • or of •
a part thereof, such distributee ;must be one which would qualify
• and be exempt within the meaning of the said Internal Revenue Code,
at the time the dissolution takes place. If such named beneficiary,
at the - time of dissolution, may not be qualified, may not be in
existence, or .may be unwilling or unable to accept the assets of
the corporation in .dissolution, the said assets shall be distrib--
uted for one or more of the exempt purposes mentioned in the said
• Internal Revenue Code.
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14. The corporation. may make distributions of its assets or income
to organizations which- qualify as exempt organizations under the
said Internal Revenue Code, • or the corresponding_ provision of any
future- United-.States Revenue Code.
15. The corporation may :r.eceive and accept property, whether real,
. personal or mixed, by way, of gift, bequest or devise from any per-
son, firm, trust or corporation, to be held, administered and dis-
posed of in accordance with and pursuant to the purposes of the
• corporation, but no gift, bequest or devise of any property shall
be received and accepted if it be conditioned or limited .in any
manner as shall require .the disposition of the income or its prin-
cipal to any person or •organization other than a "charitable
corporation or organization" or for other than a "charitable pur-.
poseII. within the meaning- of such terms as defined in the 'said
• Internal Revenue Code, as now in force or afterwards amended.
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is
y •
•_:.•t..:•:�`a' f]stetr� ppabare of ea h c.+m,Z,+
• due • : •• ,1;;v.:
No Voting annual dues of 10.d�or o ore August 21 f 7�97�+ ;r, .
; Vo such as exig e x to g •
Life Voting continue exempt from annual dues 4:; ' ,:.''
oo ro :<a
Yian a dues P �,. ::, , :
of to _•.,; a:.
: �• � - Boar Direotora o ways less :than �:,;� ,. ;�;.
laws authorize dMembers are al s :thanni .,;, ` ;`;
B oting to .4 : .n_hryr
;; d .those for Non�V rd may also area xh� ' -
t thou ,:. ,.. -,.
.`:',• �''�:`` val M for Voting sseseto give recognition a;t ®.'.wlk.,.::.;•,_..4 ,,. �: ).,..-,;•,„,fit;
�, i.: classes more than 1 •0. • . ,. ,,< z
Membership 1 u
al a ae annual d ss , , •! �;j°st,���: s':
oontrS.bute � `;
. . ' .. •:;`:::;i:;.7.,./:
1, • - - :,l 7rv,•'�
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• regulation of the business and affairs of the-corporation,
for the conduct and reg the powers of the corporation, or of Its ,
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.4 other lawful provisions, i1 any, or regulating
for its voluntary dissolution, or for limiting, defining,
i directors or members, or of any class of members, are as follows:
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None
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' a• •:_.i+—}Mika
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CSif there are no provisions state"•None•'. _,,.
4, . -
t ��_ •� Vail.;5Q;tili ;y0 `�1�14ff i'!i••'-1:;.:.: .\�•,. .ai - t"..1nl.y:'.•��r; 't•� '•q's t s' r $ t;" a 11Ur - ; .' .y ., 1iii :1}:Z%'•!'' .)t7• , I It, t , .fir �►� they certify that'the fore oin itin , . `e:a .• 1J'� , 4-.r,*i•:., .o,.;:.'".•'.. , foregoing resiated.erticles of organlzetiofi effCci riG`ametldrrit}t t ' �� ;.. �
f 'y j;7t�= ;[LI,;•�;Iarganlzation of tt a corporation as heretofore amended, except A � :Ff,:: �1 ti
/ ? t;''i ' S=i,r' p amendments td the tolloWln tt''•• 1] ,
,f .:d,- 1,:.#Pr :( If there are no such amendments, state "None".}
, ` paragraphs 1 to 7, inclusive, of Restatement replace and •
;,; t.,.,• amend It a _. .�
purposes pars raph of original Articles of Organiz�_ •
.. .. tion dated September 1of ',-.;1:'
. � •�• ' • p �`', 1968. Following paragraphs Art- •
idles of Amendment dated .:Sept.- 23, 1969 'amended by balance' _ • `.,�.
-... 1, :: •• • '-' • of Restatements Paragraphs 1 land• 11 of,Restate-`
•r,• , (see Para.
l: •":• : . went) , 2 and 81 (combined in Para. 8 of Restatement);, 3 (see :'
Para:: 9 of Restatement) , 5 (see Para. 11 of Restatement) •
°° '= .of Restatement same -as Articles of Amendme dated
� :• ' ..{. -`•'a• ? +1` e 1969. •J [. .
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__'- IN WITNESS WHEREOF AND UNDER THE PENALTIES OF PERJURY, we have hereto signed our names this '
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27th . day of Nay in the year 1976
CO
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q/le."
)---)(—Q-- • .. .
" PresidentAfit Pt'ezldent• .
rah. 34/ a.).2 =.Geed..
Clerk/A Ias+stefl F4terk.
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FEDERAL-IDENTIFICATION
No, 64 • 24612.1)8
Pee: $15.00
the Comm.ontvtaitb of Iftlassacintottto
Examiner William Francis Galvin 0-1
Secretary of the Commonwealth
One Ashburton Place, Boston, Massachusetts 02108-1512
•
ARTICI.PS OF AMENDMENT
a / (General Laws, Chapter 180, Section 7)
Name - /�� I /� n/�
Apr. et! 1 O IAl t/{ �GC
We, *President / rWicp'i?tesident,
and Jt/MSC Y1 k 4)hO'tk , 'Clerk/•Aae „r Clerk,
of Associakoo o� koe e QSetrva io-vi 1,f Cock I vic .
C7 (Exact name ofcorporation)
located at ' `.' o ` ✓1. L ' ,
(Address of corporation in Massachusetts)
do hereby certify that these Articles of Amendment affecting articles numbered:
1 (Dhe)
(Number those articles 1, 2, 3, and/or 4 being amended)
of die Articles of Organization were duly adopted at a meeting held on -5utY 24 20 02- , by vote of:
(95 members, directors, or shareholders,
being at least two-thirds of its members/tlieeettrrs legally qualified to vote in meetings of the corporation (or, in
the case of a corporation having capital stock, by the holders of at least two thirds of the capital stock having the
right to vote therein):
t_ ❑
P n
M LI
R.A. (
-Delete the inapplicable words. •
Notes if the space provided under any article or item on this form is insufficient, additions shall be tet forth on one ride
only of separate 8 112 x 11 sheets of paper with a left margin of as least 1 inch. Additions to more than one article may be
P.C. made on a tingle sheet an long as each article requiring each addition it clearly indicated.
///J ,9 emen 4l&DD
•
/ 7 ,Bo
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. +110 w( °1°J. °i1 `,gall �e
C . from . now aV}, �
koowo as 11 Associaliovl +0 Vr2 serves
Co CC a \nc .
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The foregoing amendments) will become effective when these Articles of Amendment are filed in accordance with General
Laws, Chapter 180, Section 7 unless these articles specify, in accordance with the vote adopting the amendment, a later effec-
tive date not more than thirty days after such filing, in which event the amendment will become effective on such later date.
Later effective date:
SIGNED UNDERTHE PENALTIES OF PERJURY,this day of C +eM'1b ,20 002- ,
•Ptesidcnt l *44ie-( i•ient,
/21crit.o.d.
'Clerk/ +dssictasc..reflerk.
'Drirsr thr inapplicable wards.
•
8'1-3'1 65
THE COMMONWEALTH OFMASSACHUSETTS
ARTICLES OF AMENDMENT
(General Laws, Chapter 180, Section 7)
i I hereby approve the within Articles of Amendment and, the filing fire in '
the amount of$ 15- having been aid, said articlesiar=
to have been filed with me this day of( ' -
200fi.
Effective date: _
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth
TO BE FILLED IN BY CORPORATION
Photocopy of document to be sent to:
P}kn.• gIWO n +—\ayes
•
• Po 3o 3a8 , Yh I.Q MA o2.h
Telephone: SC16 / ./<�JZ L 1r
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THE COMMONWEALTH OF MASSACHUSETTS
• --
. . . .
RECEIVED . - . , . •
PI l• .
•.:. %".•''', :.• ..'i • ,, .' RESTATED ARTICLES OF ORGANIZATION
44
.',11•16'.. . i .)ft, • •
!.... 4 . 1976 . (General Laws, Chapter 180, Section 7) • .
. • ,' - ..
.
, • •
•
. .
: - • CORPORATION DIVISION
:- • I hereby approve the within restated articles of
SECRETARY'S OFFICE ..A....4) .4 • - 4. •*'•
. f
organization and. the filing fee in the Oio o unt --digi •. • :
,-;,...Arpg,,....,',',-:.:41;•14- • '. ,. • having been paid, said articles ar deemed to have been • - :,- ..:.• ‘,..,`„,,i.......:-..... •._ ,:t.... ...."
- * . filed with-rne thi C—g day .
,. -... . of - . • 197,‘
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.. .. .. _ F'AUL, GUZZI
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en.in
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Secretary of the Commonwealth • .
•
Slate House.Boston.Mass. :. • -. - • '- -
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•
TO BE FILLED IN BY CORPORATION
. • ,
.%-
,.. PHOTO COPY OF RESTATED ARTICLES OF ORGANIZATION TO BE SENT - • ' •••• .
- •
. .
•„•L; ..
TO: , • • •
••
,..
..'• . :
E. H. .Bteif
• ._
Attorney at Law
. .
.......•...........6 -Riverview Drive •...........-•-... •
43
• Chatham, Maas. •02633 .
•
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Copy Mailed '
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pQRMCO.58D•S.7.1•GM-1-72.05D865
.kryi-.• - gip Outtutwatutalt4 of ,-, twourliusttto - •
P .UL GUZZI
Sacretary of the Commonweulrh -
k1u ..�,r.;,,` , STATE HOUSE, BOSTON, MASS. 02133 •.
RES
TATED ARTICLES OF ORGANIZATION .
' - General Laws Chapter0,Section 7 •
18 •''" This certificate must be submitted to the Secretary of the Commonwealth within sixty days after the date of the' '•
- • :vote of members or stockholders adopting the restated articles of organization- The fee.for filing this certificate is.�'• ''
• . ., .. $26.00.Make check payable to the Commonwealth of Massachusetts. y. ' '
- • :•We• A. 0. Jones , President/.Cd • ,• . ica.�residsrtt, and
:` Katharine lafhittum Pi
ti • Clerkf�MeisterM£ier;r of
t' •'' . Association For The Preservation O C• :' :.;,:;; -- ''.-f ape 'Cod, Inc.-ln
'r :' (Name of Corporalion) a-•
Main Street P o Box 653 :-
- located at 636) , Orleans, N3aea. 02
'l`. do hereby certify that the following restatement of the articles of organization of the corporation was duly sdopted at' • : •
a meeting held on May 24 , 19 76 ,by vote of..1043.,members tofde '•''
being at least two thirds of its members legally qualified to.vote in meetings of the corporation(or,in the case of a '
" corporation having capital stock, by the holders of at least two thirds of the capital stock having the right'to vote •:`;-
r thereon): • -
:ffi: ::::':', 1.. The name by which the corporation shall be known is:-
,:` ` ,Association For The Preservation Of Gape Cod, Inc. - 1
2. The purposes for which the corporation is formed aPe-a.4o s;,llow • and for.which it Will 1
r.•°" -
_'�.' " be operated_are as follows, namely, exolusively scientific, eduoa= '' "
. tional, civic and charitable purposes ;and, sub jeo t in all oasos -- .
._:_• ;. to such restrictions, more specifically:
�:' ! I... To carry out, directly, by contract with others, and by other • ' •
::f. .4••1.:: - •means, research, experimentation and analysis concerning•all aepeote: - •
• of and matters relevant -to preservation of the total environment' , -:
p:: •,,,•,,,::, ' (physioai, esthetic and otherwise) and the natural resources of
°:'::. Qape Cod, including, without limitation, the impact thereon of
� 'pi 41:4„ ,:.,grpwth in population, construction, traffic tpuris , c, o _ '.:.
?. ;T', : -' i .4t,Ona'tiva .forms of trans or , p ,o�. trol meet , d-v,':. • `.
•
;• P ration of eat ,con •"
41 «_., o other roils e�aure���.;aiid=� ': '' :�:`,:
f:• rnal and external influences; • - . • • : . ," • i:;•.
•
(� 'i"" ':. .2..• To. disseminate educational material and information relai tii�Yg•;i ,o;;;;: .
"' �: the' foregoing, and for such:- ; purpose to make available the aervi`t?ea•- :of speakers and experts in the fields of ecology, oonaervatian',;.: ..
:,,. .. planning and physical and social a°lances; K . ..
( . (continued on pages 2A and 2B •attached) .
r '
• }gii'•(:r_.; i',i.;:ii.;• ;.NOTE:If provisions for which the space provided i
• +:.r '}:•,:.: � P F Tided under Articles�,3 and 4 is not,cuff(cit?at sdditipnp;•jth�.� ;,
'! - • ,:t,. k set put on Continuation sheets to be numberedeach Article.NOW th Q'i '�`:
�.(' ,. �-_." ,� �,;, ,.. ZA,2B,etc.Indicate Under a
;;• Qu p t o sheet ll op 8V," x x " m st ave .:
414' !� i:i;li :biadi t•.Go t Gati n , tl sha 6a ' l papef and u a;left hand tear iti.4� , ,:
ttB. Only one side should be used. �, -r�� ::,,�•,,l l'''..+`gg`} P
•
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f
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Page 2A
3. To stimulate and encourage governmental entities , agencies and
officials, as well as other civic' organizations, to understand and
publicize the vital importance of preserving the total environment
and natural resources of Cape Cods
•
4. To educate and stimulate the youth of Cape Cod to appreciate,
•
• understand and contribute to :the preservation of the total environs
ment, natural resources and• beauties of Cape Cod;
•
•
5. To participate actively in the preservation of the character,
physical environmental quality and natural resources. of Cape Cod
by conserving and maintaining; open land; including wetlands and
uplands as well as other areas,. and animal and plant life and the
•
natural resources therein, and the natural beauty thereof for the
benefit of the inhabitants of and visitors to Cape Cod;
b. To support and participate in, by appropriate means, measures
and actions directed toward compliance with all laws, statutory •
and ether., for the -protection and enhancement of the environmental
quality and natural resources of Cape Cod; .
• {
7. In furtherance of the aforementioned purposes, to perform,
either alone •or in conjunction with others, directly or indirectly,
all acts and things reasonably necessary or appropriate for the
accomplishment thereof, including,. without limitation, a) the
- acquisition, by purchase, gift, devise, bequest, lease, . acquisition
. of conservation restrictions, or by other means, of interests in
real and personal property, and to hold-, use, maintain, improve
and operate and to otherwise deal in and contract with respect to
any such real and personal property and erect structures thereon
in furtherance of its corporate purposes; and b) to participate
- in judicial, quasi-judicial and administrative proceedings, either
as an .original party, as an intervening party, or by assisting
others engaged in such proceedings, financially or otherwise.
8. No part of the net income of the corporation shall inure to
the. benefit of or be distributed to any members, directors, or
officers of the Association or other private. individuals. •
9. No substantial part of the activities of the corporation shall -
consist Of carrying on propaganda, or otherwise attempting to in-
• fluence legislation, or participating in or intervening in (in-
cluding publishing or distributing statements) any political cam-
paign on .behalf of or against any candidate for public office.
10. The corporation shall not be operated for the benefit of pri-
vate interests such as designated individuals, the creators of
the corporation or their families , or persons controlled, direct-
ly or indirectly, by such private interests.
11.. The corporation's activities shall, at all times., be limited
to scientific, educational, civic and - charitable purposes and the
corporation shall not engage , otherwise than as an insubstantial
•
•
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Page 2B •
part of its activities,'. in aotivities which are not in further-
ance of scientific, educational, civic and . charitable purposes,
within the meaning of Section 501(0) (3) of the InternalRevenue
• Revenue
Code, as it may be amended.
•
12. The assets of the corporation are and shall be permanently
dedicated . to an exempt purpose as defined in said InternalReve-
nue Code. Should the corporation be dissolved, its assets shall
be -distributed for such- exempt purposes, . or to the Federal Gov-
ernment or to a state or 100E11 government for a public purpose.
No assets shall be distributed to the members of the corporation
- or to any private individual, or for any other purpose than as
provided in the said Inter.-pal Revenue Code, the intent hereof being
that the assets of the corporation 'a re and shall remain permanent-
ly dedicated for such exempt purposes.
13. If, on the dissolution Of -the corporation, a named beneficiary
- is .to be the diatributee of the assets of the corporat-ion; . or of
a thereof, such distributee must be one which would qualify
and be exempt within the meaning of the said Internal Revenue Code,
at the time the dissolution takes place.• If such named beneficiary,
at the •time of dissolution, may not be qualified, may not be in
• existence, or may be unwilling or unable to accept the assets of
- the corporation in dissolution, the said assets shall be distrib-
uted for one or more of the exempt purposes mentioned in the said
• -Internal Revenue Code.
14. The corporation. may make' distributions of its assets or income
to organizations which- qualify as exempt organizations under the
said Internal Revenue Code, • or the corresponding. provision of any
future- United •States Revenue Code. •
15. The corporation may receive and accept property, whether real, .
. personal or mixed,. by way, of gift, bequest or devise from any per-
son, firm, trust or corporation, to be held, administered and dis-
posed of in accordance with and pursuant to the purposes of the
corporation, but no gift, bequest or devise of any property shall
be received and accepted if it be conditioned or limited . in any
manner as shall require the disposition of the income or its grin-
. cipal to any person or organization other than a "charitable
. corporation or organization" or for other than a "charitable pur •
-
pose within the meaning- of such- terms .as defined, in the said
Internal Revenue Code, ,_as now in force or afterwards amended.
' <y;}.;. �:.,; .:i . • UCh C1flSS89, utv•.n.,ti..•y i..' a;:�.i`tt' t,i Il`,rat ,�.. ,�
'•�: tWiA, ;. members, the-designation of fl td.'14 f,rii. -•�Z, tFv.r i t� t,1.1�,�, 4Yy
'�� ' i:014'. ,t• • : . one class of d'ri ht5, Inchidln�t�otln� (, T- * ,� �ry
+
s 1•', -;' gs`'fnore t Ilcetton �In f3 ;:� `, ': :: ii '
' '��` rPdra(lon dish p and the quail .. ,,.3:�. 'r,.••+ ,�,::,y�p • i
tf ,►u,.-., : ... ' "ttt 11ii duratlort of rtlemb 1 ,:,,::., ;`r1�,k'144 `
g ��oii ap follows:— +''i',: ,�,i£4.d: , i?" ,.{; •;: i
ei
each class; are es .. : • �.:;� ..t. =�:.;
�i4'the members of i y:_ : ••t,,.. .�•�4`:sa<
• l due • i.;•=.' zt .>•
Non-Voting :. annual 10.00 or more t 21 197�+ s•:.. • :,:.4 '- :t v:'I
annuf�,l dues of rior to Augue
• Voting - as exit3ted p an dues .rl�
1. Life Voting - eon exempt from annual .
1..�.;i ;::. . continue ban e..dues, pro ,;4 i�,,at: i.
Board o f Direotors to a ge less tprO , •,.:r ;,
l °: � . . Bylaw authorize Bo o in Members are always $ dtiitma -: :s 4; ,
: • tided .those for Plembers„Board may also a te, Ad •iti : � :!, .;
`; - se r Voting to e recognition0 t•_ ,,<.•-: ,r_z:„ F-l.
,q�, �; Member-ship olasBel 8s ore than 10. ;•. ,•:k4 ti '
1 annual dues , F' . y ...�i,:,y v:
oontribute� as a • ias
ft
•
i s.1N, ��
•
i.
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•
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ulation of the business and aliairs of the•corQoratlon,
corporation, or of its 4• Other lawful provisions, if any, for the conduct and reg
for its voluntary dissolution, or for limiting, defining, or regulating the powers of the Corp
1 directors or members, or of any class of members, are as follows:—
.
None
.
t • '
l '
,
l
1 .
e if there are no provisions state"None". �,,,.�
t� ,rn:-7Sy�y,IC' `i'•tj�-.iii;;Att." •,i - •?•. .V.,.1, 70.i<<:T S<,�y;i.•1 a^� �A. ;•jt t��.•
,F-iS;Jt�� ri A.4<Y°�;t'(1Ve>turther certify that the foregoing restated of o� enlz` - ' ff ' ��'';'.4.11'-.,f' `k, . 4. ,.t1 k
4. g., k: t,;•1„'" 9 ation a �ci rtn`ametidrriFl tt q, pp • ,
j .1h . „1 ,organization of the corporation as heretofore amended, except Amendments td the following''tic.des : ,,f;;;;.,4,�+'�y 1;
4l'Arftil • ' {'(t�'ll?��
' .:;„! ': l^ r • {If there are no such amendmentstate "N n .
1;1' s, o e".M
Para rah •
K..•.. g P s 1 to 7, inc .usive, of Restatement replace and .-
=;.,1. .s , ' amend "purposes" paragraph of original Articles of Organize
. Lion dated September s p1968. Following of
t • g paragraphs Art-
lobes of Amendment dated .. Sept.: . 23, 1969 .amended by balance _ • `:!:
x'. ;�'r;:� •• -' •
'• of Restatements Paragraphs 1 (nee Para. land• 11 of,Restate- . ' t
''• i-- • . ment) , 2 and 81 (combined in Para. 8 of Restatement);. 3 (see
l,.": ;' �- . Para:: 9 of Restatement) , 5 (see Para. 1-1 of Restatouient); '
L'i;,t balance of Restatement same as. Articles of Amendment dated
1 v-• , ea '? `O 1969. . . '•., ' .t.. . y'
:,.s1, - . . �; r 'i r.:
,
•
., •
t
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IN WITNESS WHEREOF AND UNDER THE PENALTIES OF PERJURY, we have hereto signed our names this • .
• 27th . day of Nay in the year 1976
Xat:,'U'l C ' ) - (-P.-. ..- -.--....
PresidentAtice Proiitdent• .
•
r r, c. A LUjLyZNtccu�
• Clerk/AesieteflF4lerk,
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te///,
FEDERAL IDENTIFICATION
No, 64 • 214 61 2-1-0 8
Pee: $15.00
the ctom.m.onmealtt of tea. '. athu$ett$
Examiner William Francis Galvin
Secretary of the Commonwealth
One Ashburton Place, Boston, Massachusetts 02108-1512
()Li I
ARTIC1.FS OF AMENDMENT
1 i (General Laws, Chapter 180, Section 7)
Name �
pppr, ad al 1 d i�e/"�
We, 'President l `V ct. l>t.airknt,
and ' ASCXV1 hP . hard , Clerk/ r_.C lurk,
of 19oC O� ftLif k le aSerVc - cy a{ � Cod (11C .
/0l� ,v y.Sr (Exact name of corporation)
located at_ r ,%Or` ✓1S n
(Address of corporation in Massachusetts)
do hereby certify that these Articles of Amendment affecting articles numbered:
1 (ovte)
(Number those articles 1, 2, 3, andlor 4 being amended)//
of die Articles of Organization were duly adopted at a meeting held on .Sut�(2 1 20 0Z , by vote of:
members, directors, or t ' shareholders,
being at least two-thirds of its membersitlireeteers legally qualified to vote in meetings of the corporation (or, in
the case of a corporation having capital stock, by the holders of at least two thirds of the capital stock having the
right to vote therein):
F -
C
P
M Li
R.A. f 1
'Delete the inapplicable words.
Notes If the apace provided under any article or lam on this form is insufficient, additions shall be us forth on one ride
only of separate 8 112 x 11 theta of paper with a left margin of at least 1 inch, Additions to more than one article may be
P.C. made on a tingle sheet so long as/each article requiring each addition is clearly indicated.
,q MO men CVM
f V
1
I . fool Y1DW off, coirpora on Shall be
%t
kiov a�5 AS50616Mo11. 'o Vre Serve
C e Caa , IOC
•
"
{
The foregoing amendments) will become effective when these Articles of Amendment are filed in accordance with General
Laws, Chapter 180, Section 7 unless these articles specify, in accordance with the vote adopting the amendment, a later cffcc-
rive date not more than thirty days after such filing, in which event the amendment will become effective on such later date.
Later effective date:
SIGNED UNDERTHE PENALTIES OFPERJURY,this day of c ) VIb. , 20 002_
'President 1 •1f« cnt,
1+� s
Clerk/ �ssiccaaa-perk.
`Deicer 'kr inapplicable words.
•
•
8'1,31 ss
THECOMMONWEALTHOFMASSACHUSETTS
•
•
ARTICLES OF AMENDMENT
(General Laws, Chapter 180, Section 7)
T i I hereby approve the within Articles of Amendment and, the filing fee in
the amount of$ 15 having been aid, said articles rc cemcci
to have been filed with me this gay of
Effective date:
-0402;,gle.Ceit
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth •
TO BE FILLED IN BY CORPORATION
Photocopy of document to be sent tot
NticVV. cb,on -\ eS
Po 5o 31S MA 02_61)
Telephone: 1 � [�
i.
Map Z4 Parcel `0 TOWN OFa�l BARNSTABLE BUILDING PERMIT APPLICATION
�1 I Q s o
Application #
Health:Division _ Date Issued
Conservation Division. • ' Application Fee 0
Planning Dept. - Permit Fee
Date Definitive Plan Approved by Planning Board
Historic - OKH _ Preservation/Hyannis
Project Street Address 30/0 ,M AI -5V
Village b a N5 01-4 ILL...
Owner Tot 4 Cac rri,U *a 51(,' Address
Telephone 66$ - 36 2--6600
Permit Request ( (bofi✓1 ,-rr; $ add- (�-�6..Ir co l�'ti cAe4
9 r
r
Square feet: 1st floor: existing proposed _ 2nd floor: existing proposed Total new
Zoning District Flood Plain Groundwater Overlay
'Project Valuatio �T 006-(° Construction Type
Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family U Multi-Family(# units)
Age of Existing Structure Historic House: "Yes ❑ No On Old King's Highway: ❑Yes ❑ No
Basement Type: ❑ Full 0 Crawl ❑Walkout ❑ Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths: Full: existing new Half: existing new
Number of Bedrooms: existing —new
Total Room Count (not including baths): existing new First Floor Room Count
Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑Other
4entral Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No
-Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size Barn: ❑ existing A newer size_
Attached garage: ❑ existing ❑ new size _Shed: CIexisting ❑ new size _ Other: Q
CIx.n -n
6
Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ �_ - _
"- 4. ii '° .
Commercial ®`Yes— CINo If yes, site plan review #
r ',4 c
Current Use Proposed Use '
No y k
r 1.
NJ
:..
' APPLICANT INFORMATION
(BUILDER OR HOMEOWNER) - ` .,
3 Name f ?t'1. f/� Telephone Number A 2-74 —7'7k i
Address 34\ I-t' V 5 License # 07 70174
Ni`I ` r.o t-t 4OL c 17- j Mk Home Improvement Contractor#
Lc(40 1 Worker's Compensation #
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO IL'It a 0 ,f77
4 b c�Vim' _ i/ !; G.
SIGNATURE `' ' ` DATE 6 '' (69 1 1
r .
A7.- 1-
FOR OFFICIAL USE ONLY
APPLICATION# '
f DATE ISSUED ,;..., • _ ,
- MAP/PARCEL NO.
i
ADDRESS VILLAGE .
OWNER
DATE OF INSPECTION: ;
FOUNDATION '_." .'N r
FRAME if.' 4'
INSULATION+ Y `" -
• t
FIREPLACE
ELECTRICAL: ROUGH FINAL_ :
•
PLUMBING: ROUGH FINAL '
GAS: , - '_, ROUGH -: -7 •- FINAL .
, FINAL BUILDING, ., ,.-. _ - `
-
;: DATE CLOSED-QUT. -,,_
ASSOCIATION PLAN NO. .
r e
' The Commonwealth of Massachusetts
_ . Department of Industrial Accidents `
_11 Office of investigations •
i!j k • 600 Washington Street
47 7
-- ; Boston,MA 02111
- t
+mot,' www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Print Legibly
• Name (Business/Organization/Individual): Flu L— ' t>{ j//Ay
Address: 3 4 I4-1 -
ozrAta
City/State/Zip: , Phone#: V 6 " -744-77CPI
Are you an employer? Check the appropriate box:
Type of project(required):
1.❑ I am a employer with 4. flE•nra a general contractor and I
employees(full and/or part-time).* have hired the sub-contractors 6. ❑Ne construction
•
2.❑ I am a sole proprietor or partner- listed on the attached sheet. . 7. emodeling
ship and have no employees These sub-contractors have g, ❑Demolition
working for me in any capacity, employees and have workers' • 9. Building addition
[No workers' comp. insurance comp.insurance.t ❑ g
required.] 5. ❑ We are a corporation and its 10.0 Electrical repairs or additions
3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or arirfitions
myself [No workers' comp. right of exemption per MGL 12.0Roof repairs
insurance required]t c. 152, §1(4), and we have no
employees. [No workers' 13.❑ Other
comp.ins„once required]
*Any applicant that checks box#1 must also fill out the section below showing their" orkers'compensation policy information.
•
t Homeowners who submit this affidavit indicating they arc doing all work and then hire outside contractors must submit a new affidavit indicating such.
$Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have
employees. If the sub-contractors have employees,they mast provide their workers'comp,policy number, .
I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site .,
information.
Insurance Company Name: . .
Policy#or Self ins.Lic.#: _ "' Expiration Date:
Job Site Acir'ress: City/State/Zip:
Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date).
Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to$1,500.00 and/or one-year imprisonment, as Well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
I do hereby certify under the pains and pknalties ofperjury that the information provided above is true and correct
Signature: �� Date: "1"/ /(�I/L
Phone#:- 600 _ 2-7+- 7 7c (
Official use only. Do not write in this area, to be completed by city or town officiaL
City or Town: Permit/License# '
Issuing Authority(circle one):
1.Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
6. Other
Contact Person: Phone#: •
1
1 /
•
...
- .
-- - Massachusetts- Department of Public Sitfet)
Board of Buildini, ReDulations and Standards ,, ,
, Failure to possess a current edition of the
Construction Supervisor License
1 Massachusetts State Building Code
' ,,,..."---•-•License: CS 76174 _ i is cause for revocation of this license.
_.._
-
!ii 1 '• - I Refer to: WWW.Mass.Gov/DPS
. t PAUL G BRESLIN
34 KIRK ST
_,,... ,,e.. ....., I
•
,
• NO FALMOUTH, MA 02556 1.- „ ,, _ -,
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t ."...7-_-e---- -,--- ----- ,., Expiration: 9/1/2013
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The Commonwealth of Massachusetts William Francis Galvin-Public Browse and Search Page 1 of 2
. 4.�.,
, , The Commonwealth of Massachusetts
~' Ky e, William Francis Galvin
_ * � :, ,-&
- -; Secretary of the Commonwealth,Corporations Division
S: One Ashburton Place, 17th floor
1:.?,‘*, ' : 4. 1 Boston,MA 02108-1512
f' ' 1k4s'` Telephone: (617)727-9640
BARNSTABLE HOUSE LLC Summary Screen
Help with this form
Request apertificate % . I
The exact name of the Domestic Limited Liability Company(LLC): BARNSTABLE HOUSE LLC
Entity Type: Domestic Limited Liability Company(LLC)
Identification Number: 453983887
Date of Organization in Massachusetts: 12/06/2011
The location of its principal office:
No. and Street: 3010 MAIN STREET
City or Town: BARNSTABLE State:MA Zip: 02630 Country: USA
If the business entity is organized wholly to do business outside Massachusetts,the location of that office:
No.and Street:
City or Town: State: Zip: Country:
The name and address of the Resident Agent:
Name: JOSEPH F. STRUMSKI,JR.
No. and Street: 3010 MAIN STREET
City or Town: BARNSTABLE State:MA Zip: 02630 Country: USA
The name and business address of each manager:
Title Individual Name Address (no Po Box)
First,Middle,Last,Suffix Address,City or Town,State,Zip Code
MANAGER JOSEPH F.STRUMSKI JR. 3010 MAIN STREET
BARNSTABLE,MA 02630
The name and business address of the person in addition to the manager,who is authorized to execute
documents to be filed with the Corporations Division.
r
s Title Individual Name Address (no Po Box)
First,Middle,Last,Suffix Address,City or Town,State,Zip Code
SOC SIGNATORY CARRIE L.STRUMSKI 3010 MAIN STREET
BARNSTABLE,MA 02630
The name and business address of the person(s)authorized to execute,acknowledge,deliver and record any
recordable instrument purporting to affect an interest in real property
Title Individual Name Address (no PO Box)
First,Middle,Last,Suffix Address,City or Town,State,Zip Code
REAL PROPERTY JOSEPH F.STRUMSKI JR.
http://corp.sec.state.ma.us/corp/corpsearch/CorpSearchSummary.asp?ReadFromDB=True&... 5/1/2012
The Commonwealth of Massachusetts William Francis Galvin-Public Browse and Search Page 2 of 2
I I I 3010 MAIN STREET
BARNSTABLE,MA 02630
Consent _ Manufacturer _ Confidential Data Does Not Require Annual Report
Partnership _ Resident Agent _ For Profit _ Merger Allowed
Select a type of filing from below to view this business entity filings:
ALL FILINGS
Annual Report
Annual Report-Professional
Articles of Entity Conversion
Certificate of Amendment
#Vlew%66s , ' ,, New b.-640iZt4
Comments
O 2001-2012 Commonwealth of Massachusetts L:
All Rights Reserved Help
http://corp.sec.state.ma.us/corp/corpsearch/CorpSearchSummary.asp?ReadFromDB=True&... 5/1/2012
• The Commonwealth of Massachusetts , .
--' • - Department of Industrial Accidents
s. i= i Office of Investigations• •
_,.1.�_ 600 Washington Street
F •_ Boston,MA 02111
•` i� -• www.mass.gov/dia . ' '
• Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers •
•
• Applicant Information- • Please Print Legibly
kui •Name(Business/Organization/Individual):. , goi4iii • ,ipirr'at eP4 c4,91'" • . • • • •
- •Address: ) )-3 • d-, 130 • • S voc,-1ccf, 1..r4. P.o• Ric 2a . Dad _V - 4./Z541.1tk 4444-. •
•
City/State/Zip: rar'L I--(e s+M• 0a-•6YY Phone.#: 50S-a-92-/6.77 —•5 —551-�fo8o . •
Are you an employer?Check the appropriate box: -Type of ro ect(required): •
4. I am ageneral contractor and I project( q '
1.�I am a employer with p-3 ❑ - b. ❑New construction .
. employees(full and/or part-time),*, have hired the sub=contractors .
•
2.❑ I am a'sole proprietor or partner- • listed on the attached sheet 7. []'Remodeling
•
' ship and have no employees These sub-contractors have • g• ❑Demolition •
•
working for me in any capacity. • employees and have workers'
• [No workers' comp.insurance _ comp..insurance.#. 9. ❑Building addition
•
required.] 5. E. We are a corporation and its 10.11 Electrical repairs or additions
•
•3.❑ I am a homeowner doing all work officers have exercised their . 11.0 Plumbing repairs or additions •
- . myself [No workers' comp. right of exemption per MGL 12[+]'hoof repairs
• insurance required-]t .c. 152, §1(4), and we have no .
•
employees. [No workers' . 13.❑ Other ' •
•. comp.insurance required.] • •
•
`Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. •
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit anew affidavit indicating such.
#Contractors that check this box most attached an additional sheet showing the name of the sub-contractors and state whether ornot those entities have •
employees. If the sub-contactors have employees,they must provide their worlcers'comp.policy number.
• Iam an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site
information.
•
Insurance Company Name: A ,X, M , ►itot ip,L Iti5. •
•
•
Policy#or Sew-ins.Lic.#: .i�W C 6 0 1 -( 3� 7O/ a-- Expiration Date /�`(
Job Site Address: 36/0 (IAIAJ • 5?_ City/State/Zip: &Any Syzat 6t.e_ 1.14. ,
Attach a copy of the workers' compensation policy declaration a e' showin the policy P h number and
g ( g P Y expiration date).
Failure•to secure coverage as required imrlP,r Section 25A of MGL c. 152 can lead to the imposition of criminal.penalties of a
fine tip to $1,500.00 and/or one-year imprisonment; as well as'civil pmnslt'tes in the form of a STOP WORK ORDER mid a fine
• of up to$250.00 a day against the violator. Be advised that a copy-of this statement maybe forwarded to the Offire of
Investigations of the DIA for insurance coverage verification.
•
I do hereby certify under the pains-and penalties of perjury that the information provided above is true and correct.
SiEnaatrn•e: . Date: 5/'i/1 • .
•
Phone#: 5o53— '2-9-n — S('17 •
.
Official use only. Do not write in this area, tb be completed by city or town officiaL • -. '
•
•
City or Town: • • - Permit/License# -
•Issuing Authority(circle one):
.1:.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector -
6. Other •
. Contact Person: • • •Phone If: •
r
cow Town of Barnstable
•
Regulatory Services
ashes Thomas F. Genet,Director
63 1•`
Building Division
Tom Perry,Building Commissioner
200 Main Street,Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
• Property Owner Must
Complete and Sign This Section
If Using A Builder
, as Owner of the subject
1 property
hereby authorize \ �'V i j' —�(jj� to act on my behalf,
in all matters relative to work authorized by this building permit
30/O M4 n SyreeI' !� AtreP r /6
(Address of Job)
**Pool fences and alarms are the responsibility of the applicant. Pools
are not to be flied before fence is installed and pools are not to be
utilized until all final inspections are performed and accepted.
147
tore of Owner
� ' .cature of Applicant
aptejelef
vt,L,
Print Name -,to-. 5/ G( P 'nt Name
Date
Q:FORMS:OWNERPERMISSIONPOOLs
r ,
Town of Barnstable' ,.
• CR.THE tp�
• Regaratoty Services
• _•Fes= ; % ThomasF. Geller,Director
-�, ,���� Building Division
• Tom Perry,Building Commissioner
200 2Ylein•Strect, Ayrutnic,MA_02601 _
WWw.to arustable-in a_tts
ffice: 5OS-862-4038 F.
505-794-6230
ErOKEO ER r•I CENSE=7 rD .
•
•
• Plea.=Print
DA1 E . t
JOB LOCA ON: \ .. ,
number sfrct village
•
"HOM OWNER":
1.
nano
' home phone# work phone
CURREM.MAILING ADDRESS: •
ettyr u.iwn '.,statl t §'•..?' ,\ M1-� ` S'� p' •,,, ,err°�4. ..
The current exemption for"homeowners"was ded to in 1 do owner-occupied:dweTiinffs of six twits.Dr less anti
to allow homeowners to engage an individual for r' C WELD do not pQsscss a hiCensE,providad firxt the owner acts as , -
. sirpcavisar.
. I.t,.D IItON OF =O EOV 'IR
Persons)who owns a parcel of land on which he/she• 'ri:c or intends tt reside, an which there is,Dr is intended tn-
be, a one or twD-fnrily dwelling, Fttxr-hrd or detached;':n try accessary.to such U a and/or farm.strv.cttnrs, A
t�'t
person wllti,constrnets mca411h�ri tine hpmc m a.two-yc: cnodall n
sh �t,be cbnrl ercd c omaoWriei)itch
"hm acownee'shall suh rn±to the Buildin o g fficial on a;'in acceptable to the Bmidrog Official, that he/she shall be - _. ..__
-esgonsble for all such.work performed-rad=the bru7r i .emit (7 Inv z -
ih,e undersigned`homeowner"assumes responsb• ' fore..,.lianc:el ithtthe State Building Code and other
2plicable codes, bylaws,roles rnri regulations, < r
he Tmrier3igncd`homeowner"certifies fhRthe/sh tmderstands th Towntf Barnstable Fuilriing Deparlmcnt
mom inspection procedrzres and reqrxremen.''_--- fhAt he/she • comply with said procedures and
=gtr.>z'emeuts.
iiiir __„„gegig
.000050
• gzatirreofHomo- cr
_ ..
{. w..
prwal of Building DfCial ,r
-Note: Throe-f'nly dwellings co..:'a i._ 3 5,000 cubic feet or larger will e required to with the ` '
tc Bullring Code Section 127.0 Co 'on Control. 1 �
HOI>22D r t ' o rot a . ,wt�e �'+ .w
wKER 5 EXILhZP'LZOh' ,
The Code states that 'Any homeowner pedannuig wort for which a building pu uu:t is re. '. shall be ezcnsipt froze the pri5v'ii-ons%
air section,(Sectirin 10.1.1 -Licensing of etion SZrpmrisors);provided that if the horr:edwacien_==_-<a:pason(s)fir hire to do sueh
;that such Homeowner shall'aret as supervis ."• <,,..,,.J..
1t nay homeowners who use this Lion are unaware that they are assuming the responssbil ties o a supervisor(see Appendix Q.
s&Regulations for Licensing Construction upon isors,Section 2.15) This lack of awareness oft=results serious problems,particularly
I the homeowner hires unlicensed persons: .this ease,our B.oaid eamIOL proceed a '
rvisor. Tbc houieowoa acting as PTD gamer the unlieeatscd peter. as it strould with lieerrsed aw
g Supervisor is ultimately rrsponsrble .1 .g
To erisure that the homeowner is fully m are of hisAmrsesponsilnlities,many eottummities require,as part of the permit application, ,.r.
so homeowma certify that he/she understand:the respoasihi1ities of a Supervisor. Dn the last page of this issue is a fix LAI currently used by
of towns. You may care t ameird and adopt such a formleertifieation for use in your community,
•
•
ns:homea:empt
I
. y4,mE ,�s• TOWN OF BARNSTABLE
BABa9TOBfi = Office of the Building Inspector
nua
•►op i6;q.
'en MAYk� Z
`)( �0
Date February 8, 1995
Fee $50.00
, y gygc
Permit No.
PERMIT TO ERECT SIGN IS HEREBY
GRANTED TO Jane W. Richardi, Trustee
Spirits Realty Trust
DIBIA
LOCATION " 3010 Main Street, Barnstable
IMMEDI
ATE REVOCA
TION OF
fAi
OF THE SIGN
LAW
WILL CAUSE
ANYVIOLATION
THIS PERMIT
Building\inspector
c
Town
0 of Barnstable
--pk4 Old Old King's Highway Historic District Conn is.: '
SPEC SHEET
FOUNDATION 5/1
�-e
SIDING TYPE (k)/ i, --// COLOR X-e/
CHIMNEY TYPE �4// C COLOR 'S//(. /(
ROOF MATERIAL 6'/
� � / COLOR
PITCH
WINDOW SIZE
TRIM COLOR (A/�j
DOORS 7e�4 COLOR
SHUTTERS / V 9
GUTTERS
DECK /J
GARAGE DOORS �/ -qf( COLOR e��
NOTES: Fill out completely, including measurements and
materials/colors to be used. Three copies of this
form are required for submittal of an application,
along with three copies each of the plot plan,
landscape plan and elevation plans, when
applicable. Plot plan need not be "Certified" ,
ipplialE) but should show all structures on the lot to
scale.
IA A .^„(L JC2 .�.54- P01
Paul J. White G
WOODCARVER ~�
DOWN EAST
RTE. 6A if4�
1 EAST SANDWICH, MASS. 92537 �•.,
ALL grooms or NANO wOODCA!lVINO „- i g
il- r cilx--: .i.-_:..1..... ._.. 1
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11‘,
1100
11114 --
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ArFax- 4:44
• ages#1).-V/WolA
Lope.*
NT\
onOVED
•
17- r
The Town of Barnstable pet no.
was.
Department of Health, Safety and Environmental Services
`"'�'�'�`��$ Building Division date
y►`e 367 Main Street,Hyannis MA 02601
fee
Application for Sign Permit
Applicant: Jane W. Richardi, Trustee Assessor's no. 279-21
Doing Business As: Spirits Realty Trust Telephone 362-4558
Sign Location
street/road: 3010 Main Street, Barnstable, MA
Zoning District Old King's Highway District? yes x no
Property Owner
Name: spirits Realty Trust Telephone 362-4558
Address: 3010 Main Street, Barnstable, MA Village
Barnstable
Sign Contractor
Name: Paul White Telephone 888-1264
Address: Rt 6A Sandwich Village Sandwich
Description
Diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sign
to be drawn on the reverse side of this application.
Is the sign to be electrified? yes no x (Note: if yes, a wiring permit is required)
I hereby certify that I am the owner or that I have the authority of the owner to make application, that the
information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the
Town of Barnstable Zoning Ordinances.
4-) "a-7 2
Dat Signature of Owner/Authorized Agent
Size (sq ft.) Permit Fee 074'-0'0✓
Sign Permit was approved: ` disapproved:
Date Signature of B0ildi • O cial
r
.. BARNS"I-+'I3I.E
.-ivu5r.
••••-•• Tllk%IM. II
MI
7-/+/-fol
'
'
R279 021 .
LOC 3010 ROUTE 6-A CTY 04 TDS 100 BA KEY 187773
----MAILING ADDRESS ------ PCA 3401 P[S 00 YR 00 PARENT 0
MELVILLE ASSOCIATES, INC MAP AREA 76AA JV MTG 0000
%JONES, HOULIHAN & HILTON SP1 SP2 SP3
3010 ROUTE 6A UT1 UT2 . 50 SQ FT 6728
BARNSTABLE MA 02630 AYB 1716 EYB 1975 OBS CONST
0000 LAND 63300 IMP 299500 OTHER 18100
----LEGAL DESCRIPTION---- TRUE MKT 380900 REA CLASSIFIED
#LANO 3 63, 300 ASD LND 63300 ASD IMP 299500 ASD OTH 18100
#BLDG(S) -CARD-1 3 299, 500 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE
#OTHER FEATURE 3 18, 100 TAX EXEMPT
#PL 3010 MAIN ST BARNSTABLE RESIDENT'L
#RR 1386 0200 0378 0109 OPEN SPACE
#SR CROCKER LANE COMMERCIAL 380900 380900 380900
INDUSTRIAL
--
EWMPTIONS
SA/ E 05/90 PRICE 671375 ORB 7157/215 AFD I L.
LAST ACTIVITY 06/05/92 PCR Y
�
�
�
"
`
3 1
` 4 S ' -1 P :3(1
Town of Barnstable
�� 1�; Old King's Highway Historic District Commission
` BARNSTABLE. * 230 South Street,Hyannis,Massachusetts 02601
13 � (508)790-6290 Fax(508)790-6454
FO�
DECISION
(As established by Article III Section II(a)and(b)of Chapter 470,Acts of 1973,and amended by Chapters 298
and 845 of 1975;Chapter 273 of the Acts of 1976;Chapter 38 and 503 of Acts of 1977;Chapter 436 of Acts of
1978;Chapter 631 of the Ads of 1979;and Chapter 338 of Ads of 1982.)
TO: Linda Leppanen,Town Clerkpp Cia /
FROM: Pete,-
Peter L.Freeman,Chairman,Old King's Highway
DATE: August 30, 1994
Application of: Spirits Realty Trust
Ed Richardi
3010 Main Street
Barnstable,MA 02630
This case was continued from July 27, 1994 and again at the applicant's written request from August 8 to
August 24, 1994 . The Committee decided to hear the case, however, no one was present to represent the
applicant. A public hearing was held Wednesday, August 24, 1994 on the afore said application for a
Certificate of Appropriateness for an existing sign for which a sign permit had not been applied for or
received. Spirits Realty Trust was issued a Cease and Desist Order from the Tow►of Barnstable Building
Commissioners Office by Gloria Urenas the Zoning and Sign Enforcement Officer. A copy of the Cease
and Desist Order was reviewed by the Old King's Highway Committee.
Based on the evidence submitted to the Old King's Highway, the Committees' findings were as
follows:
1.The sign was installed prior to application.
•
2.The size of the installed sign is larger than the 2 square foot allowed by Zoning Bylaw.
3. The size of the installed sign is larger than the 12 square feet authorized by the Old King's
Highway Regulations.
4.The maximum amount of time allowed before making a decision was due to expire, no request
to extend time frames had been received from the applicant.
A MOTION was duly made and seconded that the OKH Commission Deny the plans as presented. All members
voted unanimously to deny the Certificate of Appropriateness.
y .
•
9' ~
TOWN OF BARNSTABLE
DEPARTMENT OF HEALTH SAFETY AND ENVIRONMENTAL SERVICES
BUILDING DIVISION
367 MAIN STREET, HYANNIS, MA 02601
(508) 790-6227
July 15, 1994
Mr. Edward Richardi
3010 Route 6A
Barnstable, MA 02630
Re: 3010 Route 6A, Barnstable, MA
Map and parcel #279-021
Mr. Richardi:
Please be informed that this office has no record of a sign
permit for the business at the above referenced location.
In addition, the sign has not been approved by the Old
King's Highway Historic District Committee.
You are hereby ordered to Cease and Desist display of the
sign immediately.
Very truly yours,
// , 2
7/1 / -
Gloria M. Urenas
Sign Enforcement Officer
TOWN OF BARNSTABLE / 75
BUILDING DEPARTMENT
COMPLAINT/INQUIRY REPORT
Date./`/4'../ Rec'd By Assessor's No.
-3 �c 71/4
Last Name First Name
ORIGINATOR Street
Village State Zip
Telephone: Home Work
Description: 7 ��=. , _�� � ram-- ��•�!,,; rr�, —
_ •COMPLAINT .
INQUIRY �t�l.^]►%LfC����,Q -777
/ (f
Requestor's Signature 7/214.,-kkir-4.,iL
COMPLAINT Street Address /'
LOCATION _ ( ?L_..11ell,l. /�L2{1�, ✓����Jj .�.��: i
A= 09/7- 7 3 • ,
OFFICE USE ONLY
INSPECTOR'S Date Inspector
ACTION/
COMMENTS G�'�•
FOLLOW-UP
ACTION
ADDITIONAL
INFO. ATTACHED
COPY DISTRIBUTION: WHITE - DEPARTMENT FILE
YELLOW -PINK - INSPECTOR (RETURN TO OFFICE MGR.)
PECTOR
HISCI
.k
T E M.;P R_ A R Y_
o,TN >o TOWN OF ARNSTABLE 1/2 Permit No.31477
BUILDING DEPARTMENT
""" .TOWN OFFICE BUILDING Cash
.Nl
639
'tteNo1,- HYANNIS.MASS.02601 Bond
CERTIFICATE OF USE AND OCCUPANCY
•
Issued to A. G. B. REALTY TRUST / MELVILLE ASSOCIATES, VC.
Address 3 010 Route 6A
Barnstable, Mass.
USE GROUP FIRE GRADING OCCUPANCY-LOAD
THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL'NOT BE OCCUPIED UNTIL
SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN R' `
REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE
BUILDING CODE.
May 8, , 19 90
Bui ding Inspector
_ • TOWN OF BARNSTABLE Permit too. 31477
BUILDING DEPARTMENT
t ,.un.*• I Cash
TOWN OFFICE BUILDING
659
�'�a,.Y`� HYANNIS,MASS.02601 Bond
,.,
CERTIFICATE OF USE AND OCCUPANCY
j
Issued to A.G. B. Realty Trust/ Melville Associates, Inc. .
Address 3010 Route 6A
Barnstable, Mass.
USE GROUP FIRE GRADING OCCUPANCY LOAD
THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL
SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN
REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE
BUILDING CODE.
February 16, 19 94 /:
r
4 Building'Inspector
,, • y _ r ] ® @� Q�K fit`�1��-��a�/J
'� "Assessor's map and lot number 7?- ®a`
P�F THE t0�♦
Sewage Permit number � � 0. MST CONNECT TQ TOWN SEWER 4o ^ ; . v.
(� 11 BAHH9TADLE, i
House number Q • 9V 1639.a 9,
i' . - DYPY
TOWN OF BARNSTABLE
BUILDING'', INSPECTOR . •
APPLICATION FOR PERMIT TO .. � 4�. . ::. Qek-)2-4. '- QL2A.sy, 4pt / atP-V/
TYPE OF CONSTRUCTION 1i" 0' f Z'
•.r
19
TO THE INSPECTOR OF BUILDINGS:
t The ':undersigned hereby applies for a permit according to the following information:
--da`
Location 30 k o Qi. Lc "tA ZkA .-
Proposed Use ... ,G2 D��� "�0-,c`j
Zoning District >a- Fire District AAAR.-
Name of Owner • Q ` \, si Address .17 c-Azy\AZYLA Pk 6A24,--atN..
Name of Builder--"ter %e4+Y S Address 4g SA YN.N.2.. 4,1
Name of Architect .w-- Address ------
a,
Number of Rooms 44cleik44:*-QA. Foundation t5::)"2- ''\Q` ' _"°-"ord
Exterior V)1( 5 4-..P{C , z ' Roofing ViCtak ACC--- NZrt
4` Floors .1J~1 � X-V- ck. 4- � Interior c1/4- am"�,:
I
1.,sN At C p- a-- ( rA 4
Heating'-�ZS: �`�. `'l�C� Plumbing ..�. � '� `��--r"70- �,,
Esc r...�
Fireplace »ic Q-1(-vC. "‘t'• Approximate Cost 5 t)t-i'060
Definitive Plan Approved by Planning Board 19 Area iii?---;spirn ?‘717e---
Diagram of Lot and Building with Dimensions Fee /50
o
SUBJECT TO APPROVAL OF BOARD OF HEALTH r 1?, -
(Ie.
"Ad
0 ,
lArtd) ,
•
OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS
I hereby agree to conform to all the Rules and Regulations of the Tow Barnstable regardin the above
construction.
' Name c
Construction Supervisor's License ...0 V-13(I ei
--_..: -_
; A• G. B. REALTY TRUST
"MELVILLE ASSOCIATES, INC. i
N . 31477 Permit for Restore & Repair
Office Buildincjs .o i -
• Location 3010 Route 6A -. i R' ,�
• Barnstable . ` 4�, ;-� v ( - I-
•
Owner ,. ... G•• B-. ealt � Tree 1 • • . -4-. ,`'�' "'S ,e1 `,', ._.Ir, .
{
Type of cConstruction Frame ` �` `+ f%' '- ,l ,r '.
`tom -r ,
Plot - Lot• • • • . . : • • • • • • ,y • - �, ~ ' "` .
- 1`�
` •'Permit Granted. .December,;7•,• 19 87 _ . ,
Date 'of Inspection_ . 19 ' �� -L -�-
Date: Completed0•— i� ff;r' 19
• r w y
•
^�• , f `' --r. _
CI
- ., _ -
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_ • ---- -r;-, Y ti ;
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t r;-p - •
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to.. . . ?' -
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' .M1- _t • �' `.� - ...r.1
/ , . ''''
LAW OFFICE OF
FRANK J. SHEALEY
37 STAGE HARBOR ROAD
CHATHAM, MASSACHUSETTS 02633
(617)945-9500
November 25, 1987
Mr. Joseph DaLuze
Barnstable Building Inspector
Barnstable Town Hall
Hyannis, MA 02601
RE: Glenn E. Shealey, Trustee of A.G.B. Real Estate Trust
Barnstable Zoning Appeal 1986-41
Dear Mr. DaLuze:
Pursuant to General Laws Chapter 40A, Section 11, I hereby
certify that as counsel for the A.G.B. Real Estate Trust, I did
cause to be recorded at the Barnstable Registry of Deeds, on
Wednesday, November 25, 1987, at 8 :56 a.m. , an attested copy of
the Barnstable Zoning Board of Appeals Decision, in Appeal
'1986-41, which was a Decision as a result of a Remand by the
Barnstable Superior Court, and which Decision was initially
filed with the Town Clerk ' s Office, on August 26, 1986, at 3 :48
p.m. No Appeal was taken from this Decision. The Decision was
marginally referenced against. Barnstable Deed 4749 at Page 120,
and was assigned Barnstable Registry of Deeds Document No.
79968.
I make this Affidavit of my own personal knowledge, under
the pains and penalties of perjury.
--- - . - Respect s bmitted,
Frank J. Sh ey
Attorney for .G.B. Re 1 Estate ,i
Trust and Aff ant I
37 Stage Harbo Road
Chatham, MA 02633
( 617 ) 945-9500
FJS/jm
cc : Glenn E. Shealey
r .
09 BARNSTABLE FIRE DISTRICT
cQ# �6SM 1s,, !_
am. • "At
Barnstable, Massachusetts 02630
s 4 1927 Q F
�`'�,'�ifA N��� ' PHONE: 617-362-6498
0.
uimuo"` FIRE PREVENTION OFFICE
April 30, 1987
Mr. Glenn Sheeley
AGB Realty Trust
1 37 Stage Harbor Rd.
Chatham, MA 02633
Dear Mr. Sheeley:
On this date, in the presence of Mr. George Blakely, I
re-inspected The Barnstable House" located on Main St .
(Rt . 6A) in Barnstable Village . Conditions noted in a letter
to you, dated 4/22/87, have been met to the satisfaction of this
department .
We greatly appreciate your cooperation in this matter.
Sincerely,
Richard Lizo to
Fire Inspector
,
cc; Building Inspector
Mr. George Blakely
0
0
JOSEPH D. D4Luz TELEPHONE: 775.1120
EXT. 107
Building Commissioner
TOWN OF BARNSTABLE
BUILDING INSPECTOR
TOWN OFFICE BUILDING
HYANNIS, MASS. 02601
April 29, 1987
TO: Board of Selectmen
FROM: Joseph D. DaLuz, Building Commissioner I.
RE: Barnstable House
Conversations with Barnstable Fire Department Inspector Richard Lizotte,
contractor George Blakely and owner Frank Sheeley resulted in positive action
re the property.
The Sheeley vs Barnstable Board of Appeals case is presently scheduled
for Superior Court action to overturn the Board of Appeals decision to allow
additional office spaces.
.ai
•
•
•
P.O. Box 276 108 Mt. Vernon Street #5
Barnstable MA 02630 • Boston MA 02108
(617) 362-6979 J U�.�.J 1 I t I{,�1 a C C�et (617) 227-4927
associates
April 13, 1987
Joseph DaLuz
Barnstable Building Inspector
Town Hall
Hyannis MA 02601
Dear Joe,
I want to call your attention to the deplorable condition of the
Barnstable House on 6A. It is a beautiful old building built in 1716,
formerly used as a restaurant as you know, which the present owners are
allowing to slide into near-ruin. We feel sure that there is something your
office can do to prevent further deterioration.
When Glenn Shealy gathered the neighborhood to discuss his plans for
conversion of the building to law offices, many residents gave him a
decent reception and encouragement. But when the appeals board
attempted to scale the project down (even further than the neighborhood
had requested), Shealy quit working on the place and has left scaffolding,
boarded windows, and a generally shabby situation to worsen with the
weather and a season's absolute neglect.
I ran into Shealy on the bus to Boston many months ago and was
dismayed to see the extent to which he had lost interest in the whole
affair. He divides his time and his law practice between Chatham and
Cambridge, apparently, and Barnstable is now completely out of his orbit.
He said something about getting his brother (Jim?) on it...
We feel it is disgraceful for a potential developer tie up a fine
property and let it go to pieces. A lot of respect that shows for the
neighborhood! If there's anything you can do to put the screws on him, I
know you'll try. Thanks a lot,Joe, and sincerely,
Ju i h Barn t
cc: Selectmen
Historical Commission
citizen education: seminars, conferences, simulations.
Society Harrison Gray Otis House
141 Cambridge Street
for the Preservation Boston, Massachusetts 02114
of New England 617 227-3956
Antiquities
April 17 , 1987
.t10N OF
a�FQ�N SPNEA�F�L!ZE O
5 �:+• I9I0 * F
r
o -VV � Mr. Joseph DaLuz
� ir(e Building Inspector
0os•s�oy Barnstable Town Hall
397 Main Street
Hyannis, MA 02601
Dear Mr. DaLuz:
On behalf of the SPNEA, I am writing to you about the current
condition of the Barnstable House, so called, located on Route
6A. In my capacity as Acting Director of SPNEA' s Stewardship
Program, I have made frequent trips to Barnstable to oversee the
restoration of the Crocker Tavern. I am often accompanied on
these visits by Thompson S. Lingel, Supervisor of Architectural
Services at SPNEA.
We have noted with considerable distress the steady deterioration
of the structure over the past year. We understand that the
property is the source of pending litigation and' until a
settlement is reached, no repairs can be made. It is our opinion
that unless some action is taken during the next several weeks,
deterioration of the structure will be of such magnitude as to
render the project economically unfeasible.
We urge you to utilize those resources available to you to ensure
that this architectural legacy is not irretrievably lost.
Sincerely,
SigrldL. Konitzky
Acting Director of Stewardship
SLK/del
cc: Pat Anderson
�
2971 Main Street
Barnstable, Mass~ 02630-
April 15, 1987
Joseph Daluz
Building Inspector
Town of Barnstable
Hyannis, Mass. 02601
Dear Joe,
I am writing concerning the Barnstable House property on
Route 6a. The building has open windows and doors, is surrounded
by debris, is open to the elements, and appears to be abandoned.
It constitutes a real safety hazard.
As one of the supporters of the owner 's plan to renovate the
building, I am dismayed at how he has let the property
deteriorate.
Does the town have any authority to require the owner to at
least make the property safe by sealing the building and cleaning
up the debris?
Sincerely yours,
/�z
Herbert O~ Mathewson, M.D.
�
cc: Barnstable Historical Commission
r
°~
' ^ �'
r-
1
March 31 , 1987
Mr. Joseph D. Daluz
Building Commissioner •
Town of Barnstable , Ma.
Town Building
Hyannis , Ma. 02601
RE: Barnstable House , formerly Capt. Greys , Main St. Barnstable
Dear Mr. Daluz:,
The deserted, disrepaired state of this property and
•
buildings thereon is a disgrace and a danger to the town and
neighborhood.
There must be some law, rules or regulation or
policy that the town building inspector can bring to bear to
require ,the owners to clean up this site and make it less of
a dangerous fire potential situation.
I would appreciate yoluir reply concerning this matter. -
• . Sincerel
•
m. aniel not'
2986 Main St.
Barnstable, Ma. 02630
CC:
Selectman Flynn '
Selectman Klimm
Selectman Weiss
•
•
•
• •
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Barnstable Village A CAPE-WIDE NON-PROFIT HISTORICAL FOUNDATION SINCE 1949 Barnstable,MA 02630
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14 42*7-6-4-471
/7qPi
Application to
P"EG"�E fit"
_art, ' ocDis Old Kings Highway Regional Hi i ict Committee
!rag" in the Town of Barnstable for a
CERTIFICATION OF EXEMPTION
Application is hereby made, in triplicate,for the issuance of a certificate of exemption under Section 6 and 7 of Chapter 470,
Acts and Resolves o1 Massachusetts, 1973, as amended for proposed work as described below and on plans, drawings, or photo-
graphs accompanying this application.
TYPE OR PRINT LEGIBLY DATE 3—`,—
ADDRESS OF PROPOSED WORK 30 10 Z`L-` \-k• " l y GA ASSESSORS MAP NO. 4
OWNER A -� 'TV"-SA ASSESSORS LOT NO. AaI 5K
HOME ADDRESS VI/rt TEL. NO. 11/ff"
AGENT OR CONTRACTOR
ADDRESS °L �47 Cl.tv‘,.-vA-..? ' TEL. NO. -20— q !-7 /p
This application is for exemption of proposed exterior construction on the ground that:
❑z (1) It will not be visible from any way or public place.
(2) It is within a category declared entitled to exemption by Old King's Highway Regional Historic District Commission.
(Check applicable box)
PROPOSED WORK: Describe and furnish plan of proposed work, showing location on lot, and, if an addition is involved, show-
ing location of existing building.
W/L4. Va5S V qZ1VS �o EkkeN-et cJ 4;ti
SIGNED
Owner-Contractor-Agent
Space below line for Committee use. Q
Received by H.D.C. The Certificate is hereby
Date
Time
By Date 3 1 _ $7
Approved The categories of work entitled to exemption are listed on
Disapproved 0 the back of this form.
t
EXTERIOR ARCHITECTURAL FEATURES
SUITABLE FOR CERTIFICATES OF EXEMPTION
FOR RESIDENTIAL USE ONLY
40.
FENCES: 1. Post and rail, split,half round or round; natural finish
2. Square rail;white or natural finish
3. Stockade;natural or gray stain finish; not forward of face of main building
4. Picket;white only
(Maximum height of all fences, 4 feet)
HEDGES: natural, not to exceed four feet in height
DECKS: constructed of wood,on single family dwellings, built after 1900, at first floor level, at the rear only,
railings not to exceed 30 inches in height, not over 50%to be visible from a way; natural finish or color
compatible with building involved
BREEZEWAYS: enclosure of existing breezeways, consistent with style, material and color of house, excluding sliding
glass doors facing street,way or public place
FLAGPOLES: on residential property, not over 24 feet high, not less than 20 feet from way, constructed of wood, with
natural finish or painted white, or of aluminum,or of fiberglas or metal painted white
ARBORS AND TRELLISES: of lightweight,wooden construction, not over nine feet high
ROOFS: natural cedar shingles,or asphalt shingles per approved color samples; not over five inches exposure to
weather
SIDING: natural cedar shingles, or wooden clapboards- natural or approved color; not over five inches exposure
to weather
STORM SASH,STORM DOORS,WINDOW SCREENS, SCREEN DOORS,GUTTERS AND LEADERS: permissible if
consistent with style, material and color of building
LIGHT POST: permissible if consistent with style, material and color of building
AIR CONDITIONERS: portable,window units at side or rear of building
STONE WALLS: construction of field or split stone, not exceeding 30 inches in height
NOTE
1. All prior bulletins hereby superseded.
2. Conditions contained in certificates of appropriateness shall be binding regardless of any exemptions contained herein.
1 1
LAW OFFICE OF '
FRANK J. SHEALEY Q
37 STAGE HARBOR ROAD �7�^
CHATHAM. MASSACHUSETTS 02633
� //`l/5J'" IN//
FRANK J.SHEALEY (617)945-9500
GLENN E.SHEALEY
CRAIG S.JOHNSON June 16, 1986 File 1525
Barbara Holmes Neil
Magistrate
Barnstable Superior Court
Barnstable, MA 02630
Re: AGB Real Estate Trust vs. the Barnstable Zoning
Board of Appeals Superior Court Civil 46394
Dear Mrs. Neil:
Enclosed for filing on the above-captioned Zoning Appeal
please find plaintiff's Affidavit of Service as required by
General Laws 40A Section 17.
I hereby certify that I have of this day sent a copy of
the within Affidavit to Attorney Robert D. Smith Barnstable
Town Counsel 367 Main Street, Hyannis, Mass. 02601 first class
mail postage prepaid.
Respectfully ubmitted,
Frank J. Sh ley
Attorney for laintiff
FJS/bwp
Enclosure
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss . SUPERIOR COURT
No. 46394
A.G.B. REAL ESTATE TRUST )
PLAINTIFF )
) PLAINTIFF ' S AFFIDAVIT OF
V. ) SERVICE UNDER M.G.L. 40A *17
)
LUKE P. LALLY, ET AL )
DEFENDANT )
I, FRANK J. SHEALEY as counsel for A.G.B. Real Estate
Trust, plaintiff in the above-captioned Zoning Appeal, hereby
state of my own personal knowledge under the pains and
penalities of perjury and consistent with the requiremnets of
Chapter 40A Section 17, that I did on Wednesday, June 11, 1986
cause a copy of the complaint in the within action along with
the Superior Court Covering Sheet and the attached Board of
Appeals decision to be sent certified mail return receipt
requested to each of the below named parties at their below
listed adresses as they constitute the- Zoning Board of Appeals
in and for the Town of Barnstable.
1. Luke P. Lally
Washington Avenue
Osterville, MA 02655
2. Richard L. Boy •
50 Sterling Road
Hyannis, MA 02601
•
3 . Ron Jansson
40 Mount Wood Road
West Barnstable, MA 02668
LAW OFFICE OF
FRANK J.SHEALEY
7 STAGE HARBOR ROAD
CHATHAM.MASS.
02633
f617)9459500
4. Gail Nightingale
• 32 Sunset Lane
Osterville, MA 02655
5 . James McGrath
One Midpine Road
Cummoquid, MA 02637
6. Dexter Bliss
48 Autumn Drive
Centerville, MA 02632
7 . Helen Wirtanen
1866 Main Street
West Barnstable, MA 02668
8. Elizabeth Horton
148 Lewis Bay Road
Hyannis, Ma 02601
I herewith attach photocopies of the receipts on each of
the mailings as above noted.
The llth Day of June 1986 as my free act and deed at
Chatham, Barnstable, Massachusetts under the pains and
penalities of perjury •
•
1/ °
Frank J : Shealey
Petitioner (
37 Stage Harbor Road I
Chatham, MA 02'633
1-945-9500 •
•
LAW OFFICE OF
FRANK J.SHEALEY
37 STAGE HARBOR ROAD
O/ATiAM.MASS.
02633 "
•
(617)945-9500
' TYPE OR USE BALL POINT PEN — SEAR DOWN FIRMLY
. MASSACHUSETTS TRIAL COURT SUPERIOR COURT DEPARTMENT
CIVIL ACTION COVER SHEET
Barnstable , SS. (To be filed with each Complaint) NO.
PLAINTIFFS) DEFENDANT(S)
A.G.B. Real Estate Trust by its
rustee Glenn E. Shealey Barnstable Zoning Board of
Appeals
ATTORNEY(S) (Firm Name, Address,Tel.) 1_9 4 5-9 5 0 0 ATTORNEY(S) (If known) 1—7 7 5112 0
Frank S. Sheal?y_, Eslz. Robert D. Smith - Town Counsel
37- Stage Hafbbr- Rd. , .-.Chatham, Ma. 02633 367 Main St. , Hyannis, Mass., 02601
BBO# 41'56440
Place an® in one box only ORIGIN
g 1. F01 Complaint 0 4. F04 Dist.Ct.Appeal c.231,s.97
❑ 2. F02 Removal to Sup. Ct. c.231, s.104 0 5. F05 Reactivated after Rescript; Relief
❑ 3. F03 Retransfer to Sup. Ct. c.231, s.102C from judgment/order (Mass. R. Clv. P.60)
-
Place an® in one box only NATURE OF ACTION
CONTRACT REAL PROPERTY MISCELLANEOUS
❑ A01 Services, labor and materials 0 C01 Land taking (eminent domain) 0 E02 Appeal from administrative agency,
❑ A02 Goods sold and delivered IN CO2 Zoning appeal, G.L. c.40A G.L c.30A •
❑ A03 Commercial paper 0 CO3 Dispute concerning title ❑ E03 Action against Commonwealth or
❑ A08 Sale or lease of real estate 0 C04 Foreclosure of mortgage Municipality, G.L.c.258
❑ E04 Taxpayer suit, G.L.c.40 s.53
❑ A99 Other(specify)_ 0 C99 Other(specify) _ - ❑j G0; Confirmation of arbitration awards,
G.L. c.251
TORT EQUITABLE REMEDIES 0 E06 Massachusetts Antitrust Act,
❑ B03 Motor vehicle negligence-personal G.L.c.93
❑ D01 Specific performance of contract
injury/property damage 0 E08 Appointment of receiver
❑ 804 Other negligence-personal injury 0 D02 Reach and apply, G.L. c.214, ❑ E09 General contractor's surety bond,
property damage s.3(6)-(9) G.L. c.149,ss.29,29a
❑ B05 Products liability 0 D06 Contribution or indemnification 0 E10 Summary process appeal
❑ B06 Malpractice-medical 0 D07 Imposition of trust
0 D08 Minority stockholder's suit 0 E11 Workman's Compensation
❑ B07 Malpractice-other ❑ E12 Small Claims Appeal
(specify) ❑ D10 Accounting
❑ BOB Wrongful death, G.L. c.229, s.2A ❑ D12 Dissolution of partnership 0 E13❑ E14 Chapter
Dispute
123A Petition—SDP
❑ B15 Defamation (libel-slander) 0 D13 Declaratory judgment, G.L. c.231A ❑ E15 Abuse Petition, G.L. c.209A
❑ 899 Other (specify) 0 D99 Other(specify) _ ._ 0 E16 Auto Surcharge Appeal
❑ E17 Civil Rights Act, G.L. c.12,ss.11H-1
❑ E99 Other(specify)
•
SUPERIOR COURT RULE 29. Requirement of statement as to money damages to prevent the transfer
of civil actions to District or Municipal Court Departments.
1. Superior Court Rule 29, as amended requires the statement of money damages on the reverse
side be completed.
2. Failure to complete the statement, where appr f riate, will result in transfer of this action (Superior .
Court Rule 29(2).
L.44/
SIGNATURE OF ATTORNEY OF RECORD ------77:--.:: ( DATE:
Frank J.. �h/ algT, FGq / 6/10/86
(OFFICE USE ONLY—DO NOT WRITE BELOW THIS LINE) RECEIVED
DISPOSITION BY:
A. Judgment Entered . e2m,t3bti o Judgment Entered DATE:
❑ 1. Before jury trial or non-jury hearin-‘=Q1,,21 6. Transferred to District Court
❑ 2. During jury trial or non-jury hearing_ :U�/tS under G.L c.231,s102C DISP ENTERED
❑ 3. After jury verdict BY:
❑ 4. After court finding DATE:
❑ 5. After post trial motion Disposition date
r4 r S,
.JUN 1 CLEM= OFFICE COPY
mtc003-07/84
7
COr:,i. Oid`,`rEALTH OF MASSACKUSETTS
Barnstable , SS Superior Court Department
Statement of Damages Pursuant to
Superior Court Rule 29
To Prevent Transfer to District or Municipal Court Departments
(Applicable to Civil Actions) . ,
1. This action is not subject to Rule 29 Remand for the following reason(s): (concise statement
as to why this action is not remandable, e.g., party seeking equitable relief, declaratory
judgment, action against commonwealth or municipality, etc.)
This is an appeal under Ch. 40A Sect. 17 from an zoning decision
of the Barnstable Zoning Board of Appeals and does not seek monetary
damages against the Board of Appeals
2. This action is subject to Superior Court Rule 29 and the following detailed statement pursu-
ant to Rule 29 sets forth the facts in full and itemized detail upon which the plaintiff relies as
constituting the damages in this action:
(if tort action, for example, specify doctors' bills, hospital bills, out of pocket expenses,
etc. that would warrant a reasonable likelihood that recovery will exceed $7,500.)
(if contract action, state with particularity damages which would warrant a reasonable
likelihood that recovery will exceed $7,500.)
—.-4// 11A
June 10 , 1986 Frank J. Shbaley, Esq.
(date) (signature of attorney of record or pro e)
ilia CHU
.7: NSTABLE. '.1:15;;.
COMMONWEALTH OF MASSACHUSETTS
'HS Jlll! 11 AM 8 3e,
BARNSTABLE, ss . SUPERIOR COURT
No.
GLENN E. SHEALEY, Trustee of )
A.G.B. Real Estate Trust, ) •
PLAINTIFF )
V. ) COMPLAINT UNDER GENERAL •
) LAWS LAWS CHAPTER 40A
LUKE P. LALLY, RICHARD L. ) SECTION 17
BOY, RONALD JANSSON, GAIL )
NIGHTINGALE, JAMES MCGRATH )
DEXTER BLISS, HELEN WIRTANEN, )
AND ELIZABETH HORTON, as they)
constitute the Zoning Board )
of Appeals of the Town of )
Barnstable, )
DEFENDANTS )
Glenn E. Shealey as Trustee of A.G.B. Real Estate Trust,
which trust owns legal title to property at 3010 Main Street,
Route 6A, within the Village of Barnstable and the Town of
Barnstable, Massachusetts, allegedly the requisite standing and
claiming to be agreived by decision of the Barnstable Zoning
Board of Appeals in Appeal Matter #1986-41 brings this appeal
from its decision made May 15, 1986 and recorded with the
Barnstable Town Clerk on May 22, 1986, pursuant to General Laws
Chapter 40A §17 .
1 . Glenn E. Shealey, as Trustee of A.G.B. Real Estate
Trust pursuant to a Declaration of Trust
dated October 9 ,1985 and duly recorded at the Barnstable
Registry of Deeds in Barnstable Deeds Book at
Page 4749 on 116 •
LAW OFT OF
RAN)(J_SHEALEY
STAGE HARBOR ROAD
CHATHAM.MASS.
02633
rein gas-9soo
2 . Luke P. Lally is the Chairman of the Barnstable
Zoning Board of Appeals and a regular member and resides on
Washington Avenue in Osterville, Massachusetts 02655 .
3. Richard L. Boy is a regular member of the Barnstable
Zoning Board of Appeals and resides at 50 Sterling Road,
Hyannis, Massachusetts 02601.
4. Ronald Jansson is a regular member of the Barnstable
Zoning of Board of Appeals and resides at 40 Mountwood Road in
West Barnstable, Massachusetts 02668.
5. Gail Nightingale is a regular member of the Zoning
Board of Appeals and resides at 32 Sunset Lane, Osterville,
Massachusetts 02655.
6 . James McGrath is an alternate on the Barnstable
Zoning Board of Appeals and resides at 1 Midpine Road,
Cummaquid, Massachusetts 02637 .
7. Dexter Bliss is a regular member of the Barnstable
• Zoning Board of Appeals and resides at 48 Autumn Drive,
Centerville, Massachusetts 02632.
8. Helen Wirtanen is a alternate member of the
Barnstable Zoning Board of Appeals and resides at 1866 Main
Street, West Barnstable, Massachusetts 02668.
9. Elizabeth Horton is an alternate member of the
Barnstable Zoning Board of Appeals who resides at 148 Lewis Bay
Road, Hyannis, Massachusetts 02601.
10. That locus property is presently located in a RF2
LAW OFFICE OF
RANKJ.spEALEY Zone under the existing Barnstable Zoning of Appeals Bylaws.
STAGE HARBOR ROAD
C HATHAM.MASS.
02633
(6I7I9459600 _ .
11. That locus property has the legal protection of
pre-exisiting non-conforming use status as a restaurant/lounge
with living quarters.
12. By petition dated March 11, 1986 duly filed with the
Barnstable Town Clerk on March , 1986, Glenn E. Shealey as •
trustee of the A.G.B. Real Estate Trust petitioned the
Barnstable Zoning Board of Appeals for a special permit under
Article 3 Chapter 3 Zoning Bylaws G(B) for permission to
change, alter and increase in size the pre-existing
non-conforming building and change a pre-existing
.non-conforming use to that of a professional office building
with living quarters.
13 . That appeal was assigned Appeals Board #1986-41 and
notice of a public hearing to be held thereon was duly
published in the Barnstable Patriot on April 17 , 24, 1986
noticing a public hearing to be held on May 1, 1986 at 8:30 P.M.
14. That due notice to all the abutters and abutters to,
abutters within 300 feet as required by law was duly sent and
that all aspects of the application for the special permit was
in compliance with the law.
15 . On May 1, 1986 at 8: 30 P.M. , the Barnstable Zoning
Board of Appeals in an open public meeting heard the appeal of
the A.G.B. Real Estate Trust by its Attorney Frank J. Shealey.
That Attorney Frank J. Shealey in his presentation, -informed
the Zoning Board of Appeals that the petitioner sought to add a
LAW OFFICE OF
-narncJ.SFEA EY second floor over the existing side one story dining room and
STAGE MARHOR ROAD
CMATMA►A MASS. to arrange the interior of the building out for professional
02613
1617/945.9500
offices spaces on the first of each of the two floors and said
plan which accompanied his presentation indicated a maximum of
17 "office spaces" could be made available to prospective
tenants. His presentation also indicated that the third floor
of the building would continue to be a residential apartment as
previously existed and that an existing building on the
property which was also formerly an apartment would be
continued as an apartment use.
16. Petitioner ' s counsel also represented that the
property had the grandfathered protection of 27 available
parking spaces and that because the proposed use was a less
intense use than the former 245 authorized seat
restaurant/lounge that the 27 parking spaces that were
grandfathered were all that was required for the new proposed
structure and use.
17 . That Petitioner ' s counsel introduced adequate
evidence as to all of the positive elements required to be
addressed in seeking to extend a non-conforming use and
structure.
18. That on May 15, 1986 the Board of Appeals alleges to
have taken up in an open public meeting Petition #1986-41, to
have deliberated thereon, and voted to grant the requested
special permit with certain restrictions and prohibitions.
That the decision of the Barnstable Zoning Board of Appeals was
filed with the Barnstable Town Clerk on May 22, 1986, an
LAW ocfIcE of
:AN►cJ.sHFAigy attested copy of which is herewith attached annexed hereto and
TAGE HARBOR ROAD
>,ATNAA(MASS. marked "Exhibit A" .
02533
t6,n 945-9
' I
•
1
19 . That Glenn E. Shealey is the Trustee of the A.G.B.
Real Estate Trust claiming to be aggrieved by the decision of
the Barnstable Zoning Board of Appeals and hereby appeals its
decision pursuant to Chapter 40A §17.
20. Petitioner alleges that the Barnstable Zoning Board
of Appeals is in excess of its authority and not consistent
with the facts brought out at the hearing or the legal rights
then possesse0 by the petitioner in locus property. That the
Board failed to apply the correct test for the expansion,
change, and/or alteration of non-conforming use and/or
structure and appears to have misunderstood the facts on which
the petition: was .based and on which petition this counsel
advanced the petition at the open public hearing.
21. Pe?•titioner alleges that it would appear that the •
Barnstable Zooming Board of Appeals was acting under very severe
time constraints as it alleges to have deliberated and voted on
• Petitioner ' s. Petition. The deliberations having had to have
taken place alter all "old business was disposed of" at the May
15, 1986 hearing and after all of the noticed hearings which
were on for My 15, 1986 had been completed in their public
presentation aand possibly after the Board had adjourned its
'meeting for tkiat May 15, 1986 date. That the Petitioner
alleges that the Board was acting under an erroneous assumption
that Petitionier had applied for a zoning variance and that it
was somehow required to deliberate and vote at the May 15, 1986
LAW OFFICE OF
W4KJ.5I$ALEY hearing on thae assumption that otherwise the zoning relief
:TAGE HARBOR ROAD
awrruuiwAss. sought would Ihave been "constructively granted" .
os,r+moo
•
22. At the hearing on May 15 , 1986 Petitioner and/or his
representatives stayed throughout the entire meeting up until
the Board members got up to go home only to learn at a later
date, the Board had actually deliberated and voted to grant the
special permit with the conditions as set forth in Exhibit A.
•
23. Petitioner is agreeable to accepting the special
permit allowing the change of use but without the restrictions
imposed, particularly that which limits the structure to "eight
professional people" and a prohibition against a second story
addition over the low level dining room to the side of the
.locus property without in anyway altering or changing the
so-called footprint or foundation line of the structure.
24. Petitioner further alleges that the finding of the
Board is inconsistent with even the limited objection of the
abutters which sought to limit the project to only ten
professional offices and did not appear to in any way relate to
the physical size of an already very large pre-existing
commercial structure.
25. Petitioner claims that the Board of Appeals exceeded
its authority in purporting to state "to be no apartment use at
all" given the fact that the apartment or apartments have
pre-existed zoning as non-conforming uses and their retention
was not sought to be approved by the Zoning Board of Appeals
but rather was referred to only in terms of the total usage of
the locus premises. That no zoning approval -or permission was
LAW OFF OF
ANKJ_5)ZALEY needed by the Petitioner to retain the two pre-existing
TACT HARBOR ROAD
>ATHA►.MASS.
02633
0517)9 -9500
•
apartments on the premises and that the Board clearly exceeded
its legal au;thoity in purporting to ban such pre-existing
non-conforming apartment usage.
26 . Petitioner alleges that the decision of the Board of
Appeals fails to comply with the legal requirements of 40A §15
and that its petition was not afforded adequate deliberation
and procedural due process due to the lateness and manner that
this petition was taken up on May 15, 1986.
WHEREFORE, Petitioner moves that this Honorable Court
after hearing, find that A.G.B. Real Estate Trust by its
Trustees has the requisite standing to maintain this appeal.
That it is am agrrieved party under Gen. Laws Chapter 40A,
§17 . That the Barnstable Zoning Board of Appeals exceeded its
authority in its decision in the Matter #1986-41, and its
decision be annulled; and that the entire matter be remanded to
the Barnstable Zoning Board of Appeals for further findings and
action consistent with this Court ' s decision;
That this Honorable Court also find that the Barnstable
Zoning Board of Appeals specifically exceeded its legal
authority in purporting the two apartment uses on the premises
which were pre-existing non-conforming and protected against
any present zoning intervention or requirements.
Respectfully-s witted,,
Frank J. Shd 1, y
Attorney for 'OJ.enn E. Sh, aley, Trustee of ,: ,
LAW OFFICE OF A.G.B. Real Estate Trust ,
tANK J.S EALEV 37 Stage Harbgr Road
9500 945 7 6
TAGE HARBOR ROAD 1 ) - > '�'
Chatham, Massa husetts 02633 : $ �,.�- `�,
i w1 f -
?1ATMAM. Ass. (617)
ua &;
TOM1 OF BA.RNST A BLE
Zoning Board of Appeals -. ! AI 2 7
Glenn E. Shealey, Trustee, A.G.B. Deed duly recorded in the
Real Estate Trust Property Owner
County Registry of Deeds in Book •
•
Sarre
Page , Registry
Petitioner
District of the Land Court Certificate No.
Exhibit Book Page
Appeal No. 1986-41 19
FACTS and DECISION
Petitioner Glenn E. Shealey, Trustee, filed petition on 19
•
A.G.B. Real Estate Trust
requesting a variance-permit for premises at 3010 Main St., Route 6A , in the village
(Street)
of _Barnstable adjoining -premises of (see attached list)
Locus under consideration: Barnstable Assessor's Map no. 279 lot no. 021
Petition for Special Permit: ❑
Application for Variance: made under Sec. — of the Town of Barnstable
Zoning by-laws and Sec. Chapter 40A.. Mass. Gen. Laws
for the purpose of _ to allow professional office use in an existing restaurant
known as the "Barnstable House"
Locus is presently zoned in RF-2
Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and
by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy of
which is attached to the record of these proceedings filed with Town Clerk.
A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town
Office Building, Hyannis. Mass., at 8:30 NAL P.M. My 1. 1986
upon said petition under zoning by-laws.
Present at the hearing were the following members:
L nkc p_ Lally Rig-harri T. � Ronald Janswn
Chairman
C' il
Nicthtin
J 3� aerr=s McGrath
Al•
the conclusion of the hearing. the Board took said petition- under adviccme.nt. A view of the
locus was made by the Board.
Appeal No 1986-41 Page _ of
On Mav 15, 1!, 86 . The Board of Appeals found
Attorney Frank Shealey represented his brother, Glenn E. Shealey, Trustee,
A.G.B. Real Estate Trust, who is requesting a Special Permit and Variance for
the property known as the "Barnstable House" forrrr,..rly a 245 seat restaurant,
bar/lounge with an apartment existing.on the third floor at 3010 Main Street,
Route 6A, Barnstable in an RF-2 zonij g district. The petitioner desires to
• rehabilitate the structure for use as a professional office building ing and to
retain the existing apartment. At the present time, there are 27 parking spaces
with no additional area to be paved. The petitioner intends to eliminate the
side building, alter the roof line and construct a two-story addition - will
not enlarge the footprint. The intent of the petitioner is to hare seven offices
on the first floor and seventeen (17) on the second floor. The office canplex .
will operate between 8:00 a.m. to 6:00 p.m.
Ron Jansson made a motion to allow. the relief sought by the applicant with the
following restrictions: •
•
•
The office use to be for eight professional people only •
There are to be no additions - no second story - to remain in
original footprint -
To be no apartment use at all
•
The motion was seconded byGail Nightingale. The Board voted unanimously to
grant the relief sought by the petitioner with the restrictions as imposed.
All construction to be subject to the provisions of the state building code.
I Cierb of the T nvn of Barnstable. Barnstable
Uounty, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals
rendered its decision in the above entitled petition and that no appeal of said decision has been filed
in the office of the Town Clerk.
Signed and Sealed this day of 19 under the pains and
penalties of perjury.
Distribution e—
Property Owner t
Town Clerk' 1►' earl a • Board of Appeals
Applicant Ost:rd� Town of Barnstable
Persons interested
Building Inspector ((/
Public Information By
Board of Appeals Chai a�
r
4.
PARTIES IN INTEREST 19866-41 GLEN E Sr.'EA LEY TRUSTEE A. C. B. ReaZ E•s to;e
l:ee pine of -1 -8E ?rust
Priscilla Davis
Wm & Ruth Knott Madn St, Barnstable, MA 02630
John Fitzgerald 99 Berwick Rd, Longmz;adora : MA 01106
Vincent & Jane Gabraiel
%Robert Frazee 3026 Main St, Barnstable, MA 02630
Timothy razeshaZZ 49 Rendezvous Ln, Barnstable, MA 02630
Ruth Knott Box 252, Barnstable, MA 02630
• Herbert & Ellen Mathewson 2971 Main St, Barnstable, MA 02630
Eleanor Kelly 2970 Madn St, Barnstable MA 02630
Mashpee Planning Board
Yarmouth Planning Board
Sandwich Planning Board _
•
TOWN OF BARNSTABLE -
ZONING BOARD OF APPEALS . •
• NOTICE OF PUBLIC HEARING •
• UNDER ZONING BY-LAWS •
ZONING BOARD OF APPEALS
• • MEETING OF MAY 1,1986
To all persons deemed interested or affected by the Board of Appeals,.under
Sec. 11 of Chap.40A of General Laws of the Commonwealth of Massachusetts
and all amendments thereto, you are hereby notified that
Appeal No.1986-37,7:30 p.m.:West Barnstable Development Trust has ap-
pealed a decision of the Building Inspector and petitions for a Special Permit to
construct a two-story 3600 square foot building for retail and wholesale wood-
. working shop, together with offices at 1176 Route 6A, West Barnstable in a
Village Business A.zoning district.
A public hearing will be held on this petition at 7:30 p.m.
Appeal No.1986-38,7:45 p.m.:Joseph E.Kennedy has appealed to the Zon-
ing Board of Appeals and petitions for a Use Variance to operate a construction
business and park related equipment at 575 Willow St., West Barnstable in an
RF zoning district.
A public hearing will be held on this petition at 7:45 p.m.
Appeal No.1986-39,8:00 p.m.:Tnomas C.Paquin,Tr.,has appealed to the
Zoning Board of Appeals and petitions for a Use Variance to allow two additions
and the construction of a parking lot,for a total of 3700 square feet to an existing
residential structure for a two-suite office building at the corner of Winter and
Barter Sts.,Hyannis in an Rls zoning district.
A public hearing will be held on this petition at 8:00 p.m.
Appeal No.1986-40,8:15 p.m.:Frank Dirico has appealed a decision of the
Building Inspector and petitions for a Use Variance to allow a 26'z 44'building
with tower, as well as a variance from height requirements off Oak St.;West
Barnstable in an RF zoning district. •
A public hearing will be held on this petition at 8:15 p.m.
Appeal No. 1986-41,8 0 p.m.:Glenn E.Shealey,Tr.,A.G.B. Real Estate
Tr.. has appealed to the Zoning Board of Appeals and petitions for.a Sprri'+l _
Permit/Variance to allow a change in a non-conforming use from restaurant, •
•
bar/loungs and living quarters to a professional office building with living
quarters,at 3010 Main Street,Route 6A,Barnstable in an RF-2 zoning district.
.. A public hearing will be held on this petition at_8:30 p.m.
These bearings will be held in the second floor Hearing Room, New Town
Hall.367 Main St..Hyannis on Thursday evening.May 1. 1986. - =
•
You are invited to be present
By order of the Zoning Board of Appeals. •
- --' LUKE P.LALLY
'
Appeals-:.
Zoning Board of A Chaaman
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Barnstable Patriot -_:¢
April 17 and 24.1986 •
Assessor's map and lot number✓� ,S '` C�
Lid - �t v ty,� w D4 .S.FS . STo�z/3 E/aoo"y
Sewage Permit number l � O
you THE•r0r♦ TOWN OF B A R N S T A B L E
P
c 1
0 ,ti
BARNSTAIBLE, i k
M6 9 r BUILDING INSPECTOR
• 'FO MPY�`'
APPLICATION FOR PERMIT TO
TYPE OF CONSTRUCTION
197
TO THE INSPECTOR OF BUILDINGS: •
The undersigned hereby applies for
/a permit according to the following information:
Location 0-> &
Proposed Use
Zoning District g 0 3 Fire District g/V`r7 4LC '
Name of Ownerjp•-•-'f"4%1'�'*-4-&i"/ Address .107-6
Name of Builder .2/0- -/ a r-e-e-•-• Address
Name of Architect Address
Number of Rooms ` Foundation
Exterior Roofing 4r�
Floors .oi".. "f interior '4/,``V
Heating Plumbing
Fireplace ei Approximate Cost ...gip
Definitive Plan A roved byPlanning Board 19_______. Area /Vv 7
PP
,F4 C C.
,( ri-E) /
Diagram of Lot and Building with Dimensions Fee
SUBJECT TO APPROVAL OF BOARD OF HEALTH
•
I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above
construction.
Na 1.� � .. f
Johnson, Janet G.
No
16359 Permit for repair fire
damage 1
1
30/0 MCz41"1 S4-0 I
Location
Barnstable
Janet G. Johnson
Owner
grame r ,
Type of Construction
c •
4 ;
Plot Lot
fl
, t
• 1 II
Permit Granted July 3 '
19 73 , . ...
,
Date of Inspection
/_..,__i jk,„/• ? ; .
Date Completed ./.41/6 V --71•''''(.4.21 9 1 ,
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PERMIT REFUSED ,
19
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e /
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Approved 19
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