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HomeMy WebLinkAbout3010 MAIN STREET op),i. kk 4 y ,1 `.� 1 r ,r` r i� 4i a fi a. f ( ,;1 a i, F • t,, hi 4 ty 4, 1,`' y ,k „0, 1 . . . ti. ,. . t 1 Lid i.i .F'` �� 1 " my. C� 4n y L • ,.-_)• 7"_ 1 I, ,. :Nli. v • • '' i ' - ..,...0...) . ,.., • 4d4d4 414 p • t1. „ • • Y ,. x 1l.N • • -1 • 1 �1 ,a, t F'.. .N 1. 1'.. 'qn o 1' 4 • ,.. 1'....I a "ir 41 •4a _ u 1 • y N • as` q y •• - 1 S 1 *' , ! A4 u t # ,e$ ¢lr • r Sn 1 ,r a l., ,, :,4i 4+ >;x y�' - •u: 1� 44N '- 4 Y' Yw . 1 #1� n ¢Y4 ,'.Sh 4, l F / "' 4,''It •' N e Y �1 ❑ Yr, �,l} M v � It F ill' N(, it i l ,1 li._ _ r t7! 4'3Lb 1`6 ! 41i n '� dl.• C .l, {# t• \ f t H ..�t ,4rn, •14y14 ^¢', [:. 11 , Y. J. � r4` " 4 �' {, �1 tr•' It. 1 Ir: "" � '-"'11 .. -:.1 A ::, ,'. t `.' " :- Y' �.N !- 4 'N "i• �i 4 1 n;'� Y ,+ f j i •J. w J'ell, i 4 1 4 � 1 �4 ! ,. 'fl' i i1 F. Y+a .y N o Y _Y• _ r • v n Y Y n � . 4/ ,. , a • • 15 ' ! ,� i� , :i •.�,rt Y „p 4 • .3 �. a 1 . , i N,+!1 r ' .:. - �. r N "t $!� - .. r. n� � i ..� hi ,•,� • Irc —iv. . . q il,f:d�� r: �,. a i , S �1L.__ x. .I, , , ,. ."t. _.S 'Yb�'f ,,. .-,1-_- ,_ f ,._, ._ ,. .'__.... ., __ -. -,. ._ -- �.L;:4t�..,..,s�...i..... . .....,.._ _.. ......w ,�, ha,..�lr- o.,...r _.... .�_ —..—�. +�_ _ w,. _ ...,..,�• �. 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 1 7 't //1 i rk - -N. rk , , i tt., r 1 . . ' RAntilc.TArti E 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 Y+" t' 4 v' t. a ,,; :, a ar; N,..,%--...-.4,_4o:.z:e,,,,,i,-,,,i.,...n.-,..ti,,,-;;.-e- S y "fit , ,,,,,, t . , .... ,....,...,..,, .::;1..... .. ,_.,. ..., ;.-/: ..,_ 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 r <u.?`'°'3$.!n..._ ..ic °cx ..�,z`�,,. � � ....."'�''��z� v '� _.. -. ..� ....._... .. _ . j` _, . ... _� `_ _.. r H .. •. - 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 2 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 3 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 • 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. i ,A .^o rim- 'i%�4{�t vif q.'4.1 r't., :Lr.l„ iS _ n r. it4;.� .:r • !•:\!r ..w "`!i Pi...+�°f,;: •;'t4Pcr:•`,�'�s;'t`'fir{..i � ?,.1:_.t;.�. - ,:: A :{;::";.�.•rn •f`L:�_,J.yG E.d•.��l� �i''., f'i C'j'• 11.41A, • :4J�•Y.il w.•l/-:"q. 1 5 1 + W. •,A 1 t.1 ,he'• .• .1Irj ir►(4j]}�1 A ,e 1 a•+•7. :I:i.l.�t;.' i. �t; ::+.F�ky �• //:,,•r'• i 1 •:•f ',,i.lo,,•Ik Y�,3' .Cg /1- 1 ,, • i • . ah'• !,+"", 0 � �1i ' „., it ... - - - s • rl; _r,t.4>}Cfv,i • I.?. - 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• . • • FAUL GUZZI . - a. . - ' . Secretary of the Commonwealth • Slate House.Boston,Mass. r • • • 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 • PAUL GUZZI Secretary of the Commonweulrh STATE HOUSE, BOSTON, MASS. 02133 • 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. • 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): • :C .i _: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 • • 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. Cod; • • 4. To educate and stimulate the youth of Cape Cod to appreciate, • . 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 • 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 • • • • . Page 2 B • • 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. • 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. • 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. • • • • • • • • • r 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,•'� • i • • • • regulation of the business and affairs of the-corporation, for the conduct and reg the powers of the corporation, or of Its , • .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: • None i • • • ' a• •:_.i+—}Mika 1 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 [. . . . s: • • t • • • • • I. __'- IN WITNESS WHEREOF AND UNDER THE PENALTIES OF PERJURY, we have hereto signed our names this ' • 27th . day of Nay in the year 1976 CO • q/le." )---)(—Q-- • .. . " PresidentAfit Pt'ezldent• . rah. 34/ a.).2 =.Geed.. Clerk/A Ias+stefl F4terk. • • • • • • V 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 e itr • . +110 w( °1°J. °i1 `,gall �e C . from . now aV}, � koowo as 11 Associaliovl +0 Vr2 serves Co CC a \nc . } 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 --- % - ' 4 . ie...:A.V(.440.111'..1,1.il';::::,1,;.;,..*.:::.:;N!i;li„.;-...:. • i•••*:'•,'j..t::::.1.... ... ..:.* .. ..' *'....' 7.....(::1.-:.,,. .•:.:.:'..;(1'...'.i..i?',.:"::!:....!?...'c:i:1'3;l':-i,.•?;:VikOfillk...i.filif4 ..%.::-.R4i;,,Viri,',Ft.1.414.T:1;.:;:ftl.tci4.:„:i01'..1':pf,i'?..;; i• 'I. . -.1... .,: ' • ., 0.....6) .,. I. ;(.:-...::. ,''t.\5"/ ',-•., ......4..,..1:11:,r.,;,.:.; !.'.!..;•/45,:.,ityit'At . ' •i,,, 1."i4/612;')‘11.1.•!;.'::..;,....;., -'•;',' '•:.f. i .1''..'...' . • • . '. „.••••e. •,'''..'- '!.:•;',...1*•••le -'- ;0'"-1.'si4A. A•k,;0"; '1.1,,,S f: ••-'-- •••• . . .• •- ', • .* * • . ..- . - 4 •::' .. :i:';•.•i ''.,....,0. -.-.:•i-, 41/4.4,-to„t14;P:•.1'., .1 ••••-',1,,•••*i' ••.• ' 'i -. •- • . ;:-,-.'.!. . :-... ' .-.::s!VII 1Y/0'. '' . • i .. ., ,' :•• .:'4:•1 ...-.-.3,,•••.. . • .,.:. ,. 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,‘ / . . * , 1 .. I--; - n C.A. • . , . ... ,.• _ ,, ., r,. .,: ,,2 .s. .....-.- -) 14•••••1' d' ' . . 11, '0` . . : • • ,; .- • • .I\ . r. ...... IA . • . .. .. .. _ F'AUL, GUZZI . • - .. - -- - r - I ' .• • •. . . : . • • . . • • en.in . . . a Secretary of the Commonwealth • . • Slate House.Boston.Mass. :. • -. - • '- - • , / . • :• . . . •i . • • : - . • '• . i - • ' i . - • ' . . • • . . ' . . . . .• .. . . ; . •-:: . • • 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 . • • • ---......li • • .. . . . . ... . \s.''''."•:--..... Copy Mailed ' . , . ' • 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 • • f • 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 • • • • • 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. . • r: 1 . I -• - 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 • 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, . • • • • • • 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.- „ ,, _ -, I ,. ..?--,,,,,, t ."...7-_-e---- -,--- ----- ,., Expiration: 9/1/2013 1 , . I ('m llll ii ksi llll et' Trg: 3719 ,...........:—.........,_______,' .• •' .:5' . •, , .,. .•.• ,i, t. S - . ,... > - ,(4 . , 0 - , —— - I _ 1 i 8 . ' . 14. . '''. ... ••:. . 1 • I--; .,'_'.•f a ,. L ,. s‘if .t 1 ' ' • r , .E. t• N \ ,\. \1 ... . -.... .,, \ I . -. ‘ 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 $50.00 , y gygc Permit No. PERMIT TO ERECT SIGN IS HEREBY GRANTED TO Jane W. Richardi, Trustee Spirits Realty Trust DIBIA LOCATION " 3010 Main Street, Barnstable IMMEDI ATE REVOCA TION OF fAi OF THE SIGN LAW WILL CAUSE ANYVIOLATION THIS PERMIT Building\inspector c Town 0 of Barnstable --pk4 Old Old King's Highway Historic District Conn is.: ' SPEC SHEET FOUNDATION 5/1 �-e SIDING TYPE (k)/ i, --// COLOR X-e/ CHIMNEY TYPE �4// C COLOR 'S//(. /( ROOF MATERIAL 6'/ � � / COLOR PITCH WINDOW SIZE TRIM COLOR (A/�j DOORS 7e�4 COLOR SHUTTERS / V 9 GUTTERS DECK /J GARAGE DOORS �/ -qf( COLOR e�� NOTES: Fill out completely, including measurements and materials/colors to be used. Three copies of this form are required for submittal of an application, along with three copies each of the plot plan, landscape plan and elevation plans, when applicable. Plot plan need not be "Certified" , ipplialE) but should show all structures on the lot to scale. IA A .^„(L JC2 .�.54- P01 Paul J. White G WOODCARVER ~� DOWN EAST RTE. 6A if4� 1 EAST SANDWICH, MASS. 92537 �•., ALL grooms or NANO wOODCA!lVINO „- i g il- r cilx--: .i.-_:..1..... ._.. 1 1 1 s yl II ,, ( . 5 24111aN 5 9:17,LE117, 1 1 _t_ 14 - in nr10,,,,,,..., , ,.. ...... pi , , _____ ,. ...., . , . A 2. ,e 0,t : ai,C____ ________ - - ...._____„: _ . , ___] ___3,......., ! I ,_ . . 6-3. p-.41 le , 1 I r 1 • • • • OraiNik:;) t.-411 11° ait pp) 11‘, 1100 11114 -- III .1E ArFax- 4:44 • ages#1).-V/WolA Lope.* NT\ onOVED • 17- r The Town of Barnstable pet no. was. Department of Health, Safety and Environmental Services `"'�'�'�`��$ 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 - ., _ - > -} -_"' , _ • ---- -r;-, Y ti ; CO t r;-p - • -, ON v J 1•"t -. ' to.. . . ?' - 0.e 4- i,. . ' .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 • • • • • I ---))1 M a.,At- f Ct VI ric,2,4 1)) r Vaotti) i VY...,\Lei LC__ 0:Q3-ILA\AAA,. cleokti;6. u...,,_., 4---62,.... (........, 1 ZA1 C"bi-V-Sd''c‘ et:_ c_.- 1-x--::::), \e--- C1\0 . cc._u__eik - - cp itrk- las IA-0 Li - i.:k. :,. 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Cte.-->cLS‘eX e Ct—(14 .ectAL_Li \---, 66 i• . ril 1 li} lil'I1'p1n, _ Y r i t f Mt, me �11.:Val III �t I _. 0..1), , .1 6.„ ' — — i— auna,a2r�. ll ' i Olde Colonial Courthouse !Iitti 1IZ1J3C �L1tI , Jitt♦ Mailing Address Route 6A&Rendezvous Lane Box 41 Barnstable Village A CAPE-WIDE NON-PROFIT HISTORICAL FOUNDATION SINCE 1949 Barnstable,MA 02630 '91,t,. la ‘ . Qi /917 � 0,,,_:,___, .., . ,Q /60..e AA,. dYa get7,70A- -e-;( l'e 7/..„..110.1.4-e-.1 42-0' i 6 d. . az . � .6-n-elt.) .p/at--e-1-4.) ./1-r --4 1-et/ 121. -e-,Le-6'( 9, ,- 61/2/12,-,Z -i-e-d , '.-(1/4-.- e-- -4: /1?-1-1 4c--,z, ...,"-e..n.2.*./Z-ey__ ,e4.0 7-11-a , 4-16e, -4f-4.)•-ite-cioL,92,2., d. ..a-le-- - g "'--1---//.-"7-1-' • /a,tea-o-t.e.J ."--, _41/0-4....).--, 2 A er--e„ee,te' d•-m--- / . r(--e--/ ram 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 • 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 , ; J t t ? I! PERMIT REFUSED , 19 , • . • A I , . . , e / , . ../ / . . + i . • A ! Y . Approved 19 .. / i I i