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DAM, 4 r Fumlahed FullMaplPar 279. 38 pp1 Owrir Otn Attach Corn Fac OStory 5 } Nsc Ex F r ` + Lb T�YR99ti .: Heat JIY0a9 Rem Outstendinp opportunhy to,own a dessb cepeaecd S antique p*erty 9,guest rooms all-Will private } ` r 0—r Carlson/Farla Shw Dis * '° LstOH:ReW,V ExeCAves REAEt ph f 508 43 q ' „ Dirt Exit 7.ofl Rte 6.horlh to,me eA - Lsft on gq s 1.: - ._ r , r - �, t s r , , AI it' i, Sf , �4 �ik � t, ^.ir±,. :r v o F: .- .. I .m w r r. • � , •. - sc �.P.. ,. � „t ^Yr Y .. • • .,1. �.. .! n t .r :...Yr refl k I Ilul rry , . r r Town of Barnstable D �,� A7,41 Sj Regulatory Services MRNST"„�, Thomas F. Geiler, Director iOIf16 9. `�� Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 - www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 MEMO TO: Ruth Weil, Town Attorney FROM: Tom Perry, Building Commissioner v DATE: July 8, 2013 The Society for the Preservation of Cape Cod is looking to purchase the Crocker Tavern building on Route 6A. One of the questions to me was "are they zoning exempt." Here is a copy of their Articles of Organization. What do you think? - They wish to convert the house into offices and the barn would be converted into a lecture/classroom area. e y IvIQa;; '?C�tf,t';} 1 .• ::�"� .. , f ;., _ .4.Pi � + alu +'; F�•�e{'j•'''4. .•:'.�y��':��.: ' !'.'� % i1•V: �'i4l.�•: i.'i{..'•'MrS�i :y��F�:'�L?n�y^�• ^'•. .�1i4; :� .�y�•�.4� ���:'"}�;%'��FY��•.Je�+i}t'�Tti1: �/� i'. •.c;• � �� ,• .`.ti j?;�,r r•'1'r.�i•�,�.� +1t��'F i::t ;'i.ykc?,�.`it F, u�..k1,5.,- �• QQ�L... '! ' /�•,r} ,,• � � S;f�.•f A,i1.' �'�r i���'-et' ,�_ i'r• 'ii '•'� 'f` - - � ' - i r ,. �Y �'{i7i�:.r•t;ijf �v �I, }, THE COMMONWEALTH OF MASSACHUSETTS1,14 { RESTATED ARTICLES OF ORGANIZATION {General Laws. Chapter 180, Section 7} CORppRATJON Q�yISIQM I hereby approve the within restated articles of SECRETARY'S �FF1C organization and, the filing fee in the amount of having been'paid, said articles ar dee ad to have been flied with me thi day of 1917. i A PAUL GUZZI ' Secretary of the Commonwealth State House,Boston,Mass. 1 ' ~ TO BE FILLED IN BY CORPORATION ' PHOTO COPY OF RESTATED ARTICLES OF ORGANIZATION TO BE SENT ................................ ...................._................................... Attorney at Law...........'..486 •Ri:verrvie-w Drive ................... ......... _..............Cha,.p.r .k4eS..'026.33 . .. J. ........ Copy Mailed fQpMCpJ605.7•t-GM•t-72.050665 - PAUL GUZZI Secrutury of the Commonweulth STATE ROUSE, BOSTON, MASS, 02133 RESTATED ARTICLES OF ORGANIZATION General Laws, Chapter 180,Section 7 , 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 or{jan(zation. The fee.for filing this certificate $26.00,Make check payable to the Commonvvdalth of Massachusetts, r. L we, A. C. JOneB President/.uics J:'reciiitirtt, and Katharine Whittum �> - .Clerkfi4ssis;eM£ltarti of As000iation For The Preservation 0 .,.. ...................,....................._............. on f Cape Cod, -Inc; ',,..::- • .. v s (Name of Corporation) Main Street P 0 B 026 ". i looMod at..............................................................°X...636�......Orl Ba ns.,... s e. 53 , 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...01.members ...........•.. +:ep4f,�tQ eF L being at least two thirds of its members legally qualified to.vote in meetings of the corporation(or,in the•case of a ' corporation avin c ' having capital stock, b the Fielders of a le ast eas tw Y t o thirds of the capital stock having the righf"to vote _ tPereon): . 1.. The name by which the corporation shall be known is:- Association For The Preservation Of Cape Cod, Inc 2. The purposes for which the corporation is formed and for�which-it K11 ,-..•r, ' be operated are as follows, namely, exclusively scientific, eduoa ;.•;';=, tional, oivio and charitable purposes and, subject in all o . a.. ._, to 'ouch restrictions, more specifically: at3efa L. To carry out, directly, by contract with others and by elite means, research, experimentation and anal sia oonoernin 'all- $f3peo- of Arid matters relevant 'to re y 13' Preservation of the total envirtanm nt'• .:- h o �.,,• (p ysical, epthetio and otherwise) and the natural resources of: ` r' G�pP OQd, including, without limitation, the impact thereon-b.6 `r4.0%an . 4 ,growth in latio construction, affi poPu n, co notion, tr c tpurism eta } t'itd�na.tive .forgte of transportation, o � :: tro ' •, • f e.e t a an and external �� off;-•otht3r intre- P 1 meaB '- i= xnal nal a:� E11?y-__,"'�-1 4:' .Gi Y� disseminate to oi.��'' •'�-"; 'i*n;=k• 's. :i;�. ; m educational material and information r9lq tij�g-: o.;; the- foregoing; and for such purpose to make available 'the adrviaes " '' Of speakers and experts in the fields of ecology, conaervatiati; planning and physical and social soienoes; rt (continued on pages .2A and 2B 'attached) •i.NOTE;If ro ions for w vi d under Articles Z ,:- p v�8 which the space pro de and 4 is no sufficient d It{ na; ` t ;.1 "M—, FpE-oqt on Continuation sheets to be numbered 2A, 2B,etc,Indicate 11i a ooti Arttcie.w ader " ` ` 1. l %b �e)v pill. ,Cottt1gttatior}sheets.shall 6a op a��7"x 1 i"papal slid must j<tttva a tell bawd tni t1` i- ,t� i ";'bindigg.'Onl y onb side [ &�,.,, �,��it., Y should be used. •;.; I,,:{(7` :.:.• +.I' .•t• .. -.'<1 . •.:1 ill•�C� SAY- � \t- �ern;. ,.t-,.'+sj+S;,:yi•�.:�!!? s,. i 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 Codl 4. To educate and stimulate the youth of Cape Cod to appreoiate, understand and oontribute "to ,the preservation of the total environ, -went, 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-area a, and animal and plant life and the natural resources therein, and the natural bea-uty 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, o.ther., far the. pro.tec.tion 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 interesto 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 cr 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 corporations 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 activities which are not in further- ance of scientific, educational,'" civic and charitable purposes, within the meaning of Section 50l(c) (3) of the Internal Revenue Code, as It may be amended. . . 120 The assets. of the corporation are and shall be permanently ded.ica.ted .to an exempt purpose as defined in said Internal Reve- 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 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 name d'bene.fIciary is-.to be the dia-tribut.ee of the assets of the c r4)orat�fazi,' or of a part thereof, such distributes 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 ' tims of dissolution, may not be qualified, may not be in existence, or may he 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 Cods, or the corresponding" proviston of any future. United .Sta.tes Revenue Code. 15. -The corporation may ,rpeeive 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 oorpora Lion, 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 p'rin cipal to any person or organization other than a "charitable corporation or organization". or for other than a 'charitable pur- pose" within the meaning- o'f such- terms as defined in the said.: Internal Revenue Code, as now in force or afterwards amended. �`�-. `•�-•"• l;tlon O{ SUGtt CIflSS@9, Ula•.t+�ut,..V,x e t•fx�p71y'trl� ' Yi.�' F-!I- �:. •:i.". ::� ..; -deslgil .< - '•- ' +, f tra ¢ dtg on hgs?more ltiarr orle class of membn `tfie ualllicetton end rfght9t,`lncludfnq botli�,; t +� •" ohs duration of titam =o�appointment, dl �`b cti class; are 8s follows:— t,t¢�i.� :�•r ,.. r ' embers of ea "°`4` :. : ;F ; arM1 dues of � + Non-Votinga es of10.00 olor More to August 21, 97�+ J .-l: Voting in _ Buah ae existed Prom dues s ;i• Life Vot g ue exempt f annual oontin . dues j ro- Board of_ Dire otorB to ohaags less .-than"', e l By1swB authors Non..Voting Members arddit� idad .those. or Board maY also those '•xbIo ,.;.,..,.. . * v Mejtbers. a ition to 1 .., '.Y�Y•_;- Tr�i1 . for Votinga to ive r aogn 09 ,.� ,,-M�+kw•::k�f. t•, ..4 •tt j"� �':.:c*f �7fT+t• of BseB ES n 10, ;,} • al Membership annual dual r more tha ute aB t . . t r b � • r •i t: Dori - �'•" .:::.°r,lA�i•�r "f! ' 4• the b usin ess and affairs of the.corporation, ' of It9 'on i ti a o ul or for the conduct and reg oration, •q• Other lawful proYaissolutionn or for limiting, defining, or regulating the powers of the core • for its voluntary are as Eoltovvs:— directors or memb@ or of any class of members, ; None f I *if there are no provisions state"None". �.Q�;+rF:.f{�,f��,�� }=:;.:�.•,u•;'•'-�•. .. .l''�; •c '+:• ~'�1•. tlr. r.t�,1.5.F 1jj C Sn. 1.. -$1i}AS�; e>tUrthef aerl'tf "''. 7 - .'•..s, ,'.• r k�°-�„<i:g1:Ll:'!f' k t e��.. ,4k "�; that 6e foregoing ,. Y 9 g restatdd.drticles of orgarllzetinh effect rta ameRdrtie .#:ojfi `g jpta; r �u: T y;'i' ;��;#•� 'i5rgantzation of tf' corporation a her - "t �,r, ,,y �_ ;;r•- p s etofore amended, except emeridmertts ld the following t1rticl�s'r;,, ..•.......... :.........:...: ................................................... ......•..,.......:......•..................... ..•..:,..:::•..::. '.1• ....1 :fir. •,:y�' t9•:I;' .(*If there are no such amendment ' 't; s, state "None' iaragraphs 1 to 7, inclusive, of Restatement replaoe and amend "purposes �t pare raph of original Artiolee of Organiu- {.�.. tion dated September', 1968. Following paragraphs of Art_ �. soles of Amendment dated .'_Sept.- -23, 1969 -amended by bala.nce t! of Ree tatemeri•ts Para ra_ he 1 - � . .g p (Bee Para. land ll of Restate- ; ment) , 2 and .8 (combined in Para. 8 of Restatement);, 3 (see ^ :' ;•_ y Sara:: 9 of Re;statemsnt) , 5 (see Para. 1.1 of Restatolnent)I - :�;'.. balance of Rss:,tatement same .as Artioles of AmendmeiiV''dated RL1 ;JI wNi.,': i19 �S;.,Y, �. ••IJ.', •t.'•�•• }`, `.i •.�` 1 ,I IN WITNESS WHEREOF AND UNDER THE PENALTIES OF PERJURY, we have hereto signed'our names this s' 27th da.y of May in,the year 1976 - ....................� -.- ............. ...... President/YecePmeilditl� . .Cler'k/Awis!aa 4! Y , V PEDERALTDOMFICATION NO, Fee: $15.00 ommontnaltb of Mavoubu.fetts Ezaroister William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 02108-1512 ARTICLES OF AMENDMENT (General Laws, Chapter 180, Section 7) Name Appr ed ?,/��lal� Ree We, , 'President / "=C,*-rt*sidPnr, and �U �1 V lt?��aVA 'Clerk l-Auk..,.,-C.Luk, of Ac,5ociakon fDY T(V-�ey-yo�-M (0j 3o/1&,,W y �{ (� (/F,zacrt name ofcorporation) located at �J�l� IL7 QT`/11 ttJl�i 1 '� (Address.ef corporation in Massachusetts) do hereby certify that these Articles of Amendment affecting articles numbered: tuber these articles 1, 2. 3, and/or 4 being amended) of die Amides of Organization were duly adopted at a meeting held on 2 20 0�- , by dote of: iSy✓ members, directors, or shareholders, being at least two-thirds of its membersldireeterts legally qualified to vote in meetings of the Corporation (or, in the case of a corporation having capital stock, by the holders of at ]cast two thirds of the capicai stock having the right to vote therein): C P El tit Li 1LA. f 1 'Delete Mc inapplieoble.wordr. Notes If the&pace provided under any article or item on this form it insufir"eirnt, additions ,ball be set forth on one ride Ady of separate 8 112 r 11 Arra of paper with a left margin of at least I inch, Addidanr to more than one ardele may be P.0 made on or single sheer so long as each article requiring each addition is clearly indicated leUrmen U6i0a pra�oyi Sk a f . � CDC . ro pow o�1 h� f � knO\NO as ASSo Gia�-ovi -fo ?reserve, rvez- i _ • I i The Foregoing amendment(s) 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 cfl-ec rive date not more than thirty days after such filing, in which event the amendment will become efEeuive on such later date. Later effective date: SIGNED UNDERTI-IEPENALTIESOFPERJURY,this day of 10 002 �f C °President! "fit, 'Clerk 1`Asciscaur.Offk. •Ddrrr rbr inopplirabir war&. I i 813�65 THECOMMONWEiALTHOFMASSACHUSEM ,••� ARTICLES OF AMENDMENT (General Laws, Chapter 180, Section 7) 1 e-� ] hereby approve the within Articles of Amendment and, the filing.h:c in !J the amount of$ 16 having b/eenid, said articles cemcd to have been filed with me this=l--&Y of 20�� Effective date. WILLIAM FRANCIS GALVIN Secrrtary of the Commonwealth TO BE HI LED IN BY CORPORATION Photocopy of document to be sent to: NVE. 9VAYC A Ha) eS Telephone: Add,.,u arty r:pty to BOS-EO-70-3I9 f Internal Revenue Service OeH: In rwy refer to: April 13, 1970 IAU:R:EO:GT - 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. 02203 Accounting Perlod Ending: l}eCeIIlbeT 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 yoq_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 innediately 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 attenticn 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 99,0-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 FORM L-178(REv.2-T01 v,,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, devisks, transfers or gifts to or for your use are deductible far Federal estati . and gift tax purposes under the provisions of sections 2055, 2106 sad 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) of 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 oiganization which-do not bestow on the members any benefits or privileges in return for their payment are deductible as charitable contributions. own ol 115arnstable Regulatory Services 4„ Thomas F.Geiler,Director 's BAMszMI.E. : Building Division MASS. 16.39. � � Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 August 27, 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. As a starting point, in order to qualify for the educational exemption under G.L. c. 40A §3, an applicant must demonstrate that use is conducted by a not-for- profit entity for a "primary educational purpose." See Regis College v. Town of Weston, 462 Mass. 289 (2012). Reading the Articles of Amendment you_ provided and having some familiarity with your organization, it appears that the organization's predominant use is environmental advocacy rather than environmental education. I would appreciate it if you would provide me with additional information to support a zoning "use" exemption as a non-profit educational use under G.L. c. 40A §3. Also, you should be aware that even if you can demonstrate that APCC is a not- for-profit educational use under G.L. c. 40A §3, there are limitations on the uses that could be conducted at.the proposed location. 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 look forward to receiving additional information from you demonstrating that APCC's predominant use is an educational one. q---" Thomas Perry, CBO Building Commissioner ,Crocker Tavern - Facilities Page 1 of 3 a The Crocker Tavern House is a superb example of --- I i I'i W, eighteenth century Georgian architecture. In William Martin's best-selling historical novel, CAPE COD, the Crocker Tavern was described as "the most popular tavern in all of Cape Cod". In 1927, the Tavern was bequeathed by the u Crocker family to the Society for the s L . Preservation of New England Antiquities. The Society operated the Tavern as a museum which portrayed the . affluent sector of colonial life on olde Cape Cod. When the Society sold the property in the 1960s, permanent restrictions were established in the deed to protect the exquisite and authentic colonial features of the Crocker Tavern House. As a result, the Crocker Tavern has retained the outstanding details of its interior Georgian and early Federal woodwork - a visual reminder of our architectural past. Today, the Crocker Tavern is available to the public as a private home rental. There are twelve hwr rooms in the Tavern � including seven bedrooms as well as six � and one-half baths. The bedrooms are spacious, elegantly furnished with antiques and reproductions, and each is named for previous occupants or luminaries of Barnstable and our national heritage, i.e., George Washington, John Adams, James Madison, James Otis, Mercy Otis Warren, http://www.crockertavem.com/facilities.htm 11/9/2012 Crocker Tavern - Facilities Page 2 of 3 Cornelius Crocker, and Aunt Lydia Crocker. All of the common rooms as well as the bedrooms tastefully blend the convenience and comforts of today with the charm and antiquities of the past. Beautiful antiques and reproductions, wood plank floors, exposed beams, window seats, raised paneling, Oriental and braided rugs, and seven fireplaces provide an atmosphere,that reflects the colonial elegance of yesteryears. Each bedroom is unique in decor and furnishings. Six have four poster or canopy beds; one has twin beds; all have sitting areas; and many have working fireplaces. The Tavern's bedrooms and dining areas are equipped to accommodate 14 people, but this capacity can be increased to 18 people for family guests. The kitchen at the Tavern has a large black iron stove and a stone sink which gives great ambiance but also has all the amenities for a great cooking experience. the granite counters, center island with bar stools, stainless steel sink, dishwasher, microwave and disposal all help to make bring this kitchen into the modern times. The Tavern is located on over three acres of pristine Cape Cod landscape, much of which is densely wooded. There are also lawns, beautiful gardens, two exterior patios, a utility building, and a functional barn. The barn has been refurbished; it has a gas fireplace stove; and' it provides additional space for recreational or conference purposes. http://www.crockertavem.com/facilities.htm 11/9/2012 Crocker TaVCrn - Facilities Page ] 0f] Cro«^ fir! \Wm. \ �\ ����'��y?� . . , p » 4 7» � < » � � \w Home | Facilities | His r0r0 | Location | AC|VI|es | : Reservations . . http://www.crockertavern.com/facilities.htm 11/9/2012 G Kra. . D .. • m .-n OFFICIAL USE PostageLn Certified Fee HY�Qn, ti �ostma ti�N O Return Receipt Fee ere p a(Endorsement Required) ,ere Restricted Delivery Fee C3 (Endorsement Required) m � ti0 rU Tota[Postage&Fees OCj m 1r thft + Y,vi ~ 50 --�--- o - ---------------------- � l �/�� - -1 -----'-------� or PO Box No. —T—2%—5 y Y l Gl�In S* lti --------------------------------- ........--------------------- - City,State,zip+4 �t��C 1 d. &IA" OS a :rr rr. Certified Mail Provides: � F-ty 46 40 n A mailing receipt o A unique identifier for your mailpiece c A record of delivery kept by the Postal Service for two years Important Reminders: a Certified Mail may ONLY be combined with First-Class Mails or Priority Mails. a Certified Mail is not available for any class of international mail. a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. a.For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 38111 to the article and add applicable postage to cover the fee.Endorse mailpiece,Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. a For an additional fee,'delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"RestrictedDefivety. a If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present'it when making an inquiry. PS Fonn 3800,August 2006(Reverse)PSN 7530.02-000-9047 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the`reverse X �V ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this.card to the back of the mailpiece, a, I or on the front if space permits. A ai--*1 a D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No IIQ-y a� '� 1�►�E �l�� r 3. Service Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery!(Extra Fee) ❑Yes 2. Article Number e 7db6: 3 7639' I (Transfer from service label t I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-► i540 i i UNITED STATES POSTAL SERVICE ;{'A 02 ', '' '""� It cue&*F i ug Sender: Please print your name, address, and 211.0 Fi this box • N�""{ I I TOWN OF BARNSTABLE BWLLDING DIVISION 200 MAIN ST. I IHYANNIS,MA 02601 III I I 3ogs t - 3 le��- Town of Barnstable Regulatory Services SHE T e pP Oyu Thomas F.Geiler,Director Building Division BARNSTABLE, Tom Perry,Building Commissioner MASS. 1639. 200 Main Street, Hyannis,MA 02601 �ArFD MA'S A Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Bryan E. & Anne W. Carlson and all persons having notice of this order. As owner/occupant of the premises/structure located at 3095 Main Street, Barnstable Map 279 Parcel 038.001,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,August 26, 2009\ to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: Chapter 240 Section 11 (A) 1 RF-2 Residential Zone -Single Family Zone 2. COMMENCE immediately,action to abate this violation. SUMMARY OF ACTION TO ABATE: Promoting, advertising and using subject property for weddings. And,if aggrieved by this notice and order,to show cause as to why you should not be required to do so,by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed,action to abate this violation has not commenced,further action as the law requires will betaken. t B order, Robin C.Anderson rt Zoning Enforcement Officer r Q/FORMS/viozonel /23/2009 17: 09 508775 WYNN HYANNIS PAGE 01 ® a Pig d "NN VNNiv FAX S H E E T DATE: September 23, 2009 SEND TO: Town of Barnstable - Building Division ATTN: Thomas Perry, Building Commissioner FAX No.: (508) 790-6230 NO OF PAGES: 4, including cover sheet Additional Notes/Message: Re: 3095-Main-Street;Barnstable;M SENDER: WYNN & WYNN, P.C., 300 Barnstable Road, Hyannis, MA 02601 FAX NO: (508) 775-1244 TEL NO: (508) 775-3665 DEPT/IND: Robert F. Mills REPLY TO: Cynthia Lister Please contact the SENDER AT 500-775-3665 Immediately if less than the required number of pages arrived or a transmission error occurred. The documents transmitted by this facsimile message may contain confidential and/or privileged Information, which Is Intended only for the use of the addressee named above. If you are not such addressee, any disclosure, photocopying, distribution, or use of such documents or Information Is prohibited. If you have received this facsimile message In error,please Immediately notify us by telephone so that we can arrange to retrieve such documents. Thank you. 09/23/2009 17: 09 508775 WYNN HYANNIS PAGE 02 a • ATTORNEYS • 4 / r+h d DID IS 300 Barneta6le Road Hyannis,MA 07601 (508)775.3665 = Fix(508)775.1.24a September 23, 2009 1 (800)899.3003 http://www.wynnwyon.coni QCJ �7 VIA FAX - (508) 790-6230 a `� Jenl A.Lender, eff(ey J—MNdix�n enH.Lunh� Thomas Perry, Building Commissioner Jeffr Richard A.Martonc Town of Barnstable KevinhD Mille, 200 Main Street Seth D.Miller Robcrt F Mille Hyannis, MA 02601 Charles D,Mulcahy John 1-O'Day.Jr. Kevin C,Pei ond C,Pe J.O'Malley Rayym Re: 3095 Main Street, Barnstable, MA Thomah E.Pones Cease and Desist Micheal J.Princi Ryan E.Pmphett Rcbecca C.Richardson pear Tom: Janicr F Rohhine William Ru a" DAnaAnd w 5w'oldo Enclosed herewith is my take of 3095 Main Street, Barnstable, better Andrrw A,Tiildi� JONI A.Walsh known as the "Crocker Tavern". Let me know if this is something we can work P,iiul F.Wynn Thumaa J.Wynn through as any appeal has to be filed by Friday, September 25, 2009. ► I will be in a trial Thursday and Friday of this week in the Land Court in Hon.JamwF'M as n'11(Rat.) Boston unless the matter is continued. I can be reached at (508) 472-1092 William E.O'Keefe (cell) or at (508) 775-3665 (office). Very truly yours, Adinlrte: 0 •tiianAh,aansnndRh,-.icla12M WYNN &WYNN, P.C. "Maeeachuerrro aid NeW limeh.r Robe ills RFM:cfl Enclosure cc: Bryan E. and Anne W. Carlson Affiliate Officest Raynham 90 New State Highway•Raynham.MA 02767• (508)823,4567 Vineyard Haven 15 Church Street Fear•Vlt,eyard Haven,MA 02568 • (508)693.6832 '09/23/2009 17:09 508775 WYNN HYANNIS PAGE 03 loin M. . • ATTnRNEXS - 300$amstable Road Hyannis,MA 02601 (508)775.3665 Fax(506)775-1244 September 23, 2009 1 (800)899-3003 http://wwwwynnwynn.com NQTICE OF APPEAL 3eni A.Lander Srcvcn H.Long Jeffrey L MAiaon Richard A.Marrone Kevin P.McRoy" Seth D.Mlllcr cht;rlesn.Mulcahy Linda E. Hutchenrider, Clerk Jahn J.01N)y.Jr. Kevin J.o'Mnllcy Town of Barnstable Raymond C.Peloce" Town Hall Thomas E.Ponres Michael J.Princl 367 Main Street Ryan E.Ptnpherr Rebecca C.Richanlsim Hyannis, MA 02601 Janke E.Robbin< William Rnca'r Dina M.Swon.X,n Re: Bryan E. and Anne W. Carlson Andrew A.Toldo 3095 Main Street, Barnstable, MA John A.Walsh . Patd F Wynn, Our File No. 32548.1 Thomps J.Wynn ofcounsel Dear Ms. Hutchenrider; Hon.Robert L.Steadman(Rev.) Huns m E. P. Lefe len,n(Ref.) Notice is hereby given pursuant to M.G.L- Chapter 40A, §15, of appeal William E.U'Kecte from an Order of the Zoning Enforcement Officer dated August 26, 2009, to Cease and Desist from using the property located at 3095 Main Street, Barnstable (Assessors Map 279, Parcel 038.001) for, amongst other things, Aat.tittra: MavaachurerteaadfUwk1vltlrnd weddings. "Mnsrachwette and New Klml ire The property is a single-family home with seven bedrooms and six and one-half private bathrooms, historic in nature and is known as the "Crocker Tavern", a "public house",and "tavern". As far back as the early 1990's, when the tavern was being operated as a bed and breakfast, weddings were,hosted at the premises in addition to other types of functions. Under the stewardship of Bryan and Anne Carlson, they discontinued the operation as a bed. and breakfast and have been renting the property out for a week or more at a time for the past eleven years. While periodically guests choose to utilize the site as both accommodations and the site of a wedding or wedding reception, that is not the primary use of the property. My clients have abated marketing the site as a venue for weddings but continue to market it as a rental property for special events, family reunions, retreats, family vacations, etc. Affiliate Offices: Raynham 90 New$fate Highway• Raynham,MA 02767• (.508)823.4567 Vineyard Haven 15 Church Street Rear•Vineyard Haven,MA 02568• (508)693-6832 -09/23/2009 17:09 503775 WYNN HYANNIS PAGE 04 Linda E. Hutchenrider, Clerk September 23, 2009 Page Two DRAFT Although a historic public building, it has always been privately,owned and is presently being rented as a private home for uses consistent with home ownership. Petitioners are aggrieved by the attempt to restrict, albeit, ;prohibit weddings as an option that renters of the property may be deprived of. If and when it is requested by a tenant to hold a wedding at the site, they are informed of the size and various other limitations self-imposed on the property by the owners. As a historic facility and special place in the history of Cape Cod, the uses that it is put to by the Carlsons should be fostered and perpetuated within the limitations self-imposed by the Carlsons so as not to disturb the neighbors , and character of the area. Respectfully Submitted, Bryan E. and Anne W. Carlson, By Their Attorney, WYNN & WYNN, P.C. Robert F. Mills RFM:cfl cc: Bryan E. and Anne W. Carlson ; Wynn &Wynn, PC, • ATTORNEYS • 300 Barnstable Road Hyannis,MA 02601 (508) 775.3665 September 8, 2009 Fax(508) 775.1244 1 (800)899.3003 http://www.wynnwynn.com VIA FAX - (508) 790-6230 JeniA.Landers Thomas Perry, Building Commissioner Steven Long Town of Barnstable Jeffrey L..Madison Richard A.Martone 200 Main Street Kevin P.McRoy** Seth D.Mill er Hyannis, MA 02601 Robert F.Mills Charles D.Mulcahy John J.O'Day,Jr. Re: c3.0.9.5YMainStreet-Barnstable;MAC (p Kevin J.O'Malley Cease and Desist Raymond C.Pelote* , Thomas E.Pontes Michael J.Princi Ryan E.Prophett Dear Commissioner: Rebecca C.Richardson Janice E.Robbins William Rosa* In furtherance of our brief discussion on Friday morning, September 4, 2009, Dina M.Swanson this will confirm that Dr. Bryan and Anne Carlson have removed the promotion and Andrew A.Toldo John A.Walsh advertising of weddings at the above address from their website and other venues Paul E Wynn the best they can. Thomas J.Wynn Of Counsel There are weddings scheduled for September 5th, September 121h, and Hon.Robert L.Steadman(Rt.) October 3rd. The weddings are not stand-alone events as the family rents the the Hon.James F.McGillen,11(Ret.) entire house for the week as is the case with the other weddings. My clients clearly Keough&Sweeney William E.O'Keefe appreciate your indulgence as we get through the previously booked rentals of the Crocker Tavern. Admitted: I would like to keep the dialog open and revisit this in the next week or so *Massachusetts and e land **Massachusetts and NewHamphire once I have had a chance to meet face to face with Bryan and Anne and research the use of locus. I look forward to working with you and Robin to bring this to a conclusion. Very truly yours. a rT1 WYNN &WYNN, P.C. Rob . Mills RFM:cfl a cc: "., '.Robin C: Anderson Dr. Bryan E. Carlson Affiliate Offices: Raynham 90 New State Highway•Raynham,MA 02767 • (508)823-4567 Vineyard Haven 15 Church Street Rear-Vineyard Haven,MA 02568 • (508)693-6832 a. a Cape Cod Vacation Rentals Barnstable Massachusetts Vacation Home Cape Cod Vacatio... Page 1 of 3 Home I QQ Bookmark This Site I v/Adve ® , 1� n s Cape Cod Vacation Rentals, 'Home ;i Vacation Places To Stay is a directory of vacation rentals, homes, condos, reso Vacation Homes I Condos ( Cottages I Hotels & Lodging I Resorts I Bed & Breakfasts I Inns ( Property Managers Cape Cod Places To Stay > Vacation Rentals Advertise Ya Sign-Up Online Property ID: 3485 1 Historic Crocker Tavern House - Barnstable, Massachusetts Frequent Ques 0 Website Desigr 0 Contact Sales About the At s i 91 Activities &Tor Attractions [21 47, � � � � Entertainment inment �x0 Golf Courses [S Professional SE C7 Restaurants [6: J> View Photo Gallery cn Shopping [21 Summary 0 q Property Type Vacation Home Hot Deals _.....___m.--- Email Owner View Nature/Woods — — ...----..................._._-.......-_-_-____.......-.__.---------.-_................__ Contact the own( Size 4100 sq.ft. Contact Details directly for Daily, _.._......_.a................. ....w.._....._..... Bedroom(s) 7 Monthly Vacation Bath(s) 6.5 Browse Cape Co( .........................w.._....._..w View Website Massachusetts V� � Sleeps 14-18 View Availability Calendar or select from be Non Smoking More 7 Bedr, Sleeps 14-18 More Options: View More By Owner or Rental Manager I View Map I Currency C ter More Crocke Description Location 3095 Main Street, Barnstable MA nta;ls by L, ._..---- ----- - - ---- _........... o a nstable Areas Nearby Hyannis, 5min, Boston, 1hour and 20min _.__....._ ___....__--__---- _---..........------------------.._..-.__.__.--_.._______ ---- Prefer to stay in Great for Family Reunion,Weddings,Golf-The Crocker Tavern House along Old Kings hotel accommodi Highway in Barnstable, MA. 7 bedrooms, 6 1/2 baths. Experience the charm of a meticulously ' restored historic landmark nestled within a quaint village by the sea. Family friendly for all ages. Lg private yd, 3+ acres surrounded by stone walls and woods as a back drop. 2 Blue stone patios look over well maintained yard and gardens.Lg barn for all your recreation,dinner,dancing or clam Vacation Rei bakes.Gas fireplace in the barn. Close to village & water.Less then 8/10th of a mile to swimming, a Apartments fishing, and boating. Experience history and enjoy the colonial elegance of yesteryears . . . ri Cabin/Chalets fireplaces, oriental rugs, antiques, canopy beds, and the comfort of now with a fully appointed ra Condos kitchen with granite counter tops center island. AC's,6+Bathrooms,many TV's,VCR's and DVD, ca Cottages Microwave, 2 Refrig,Washer,Dryer etc c Duplexes Guest Houses Walk to village restaurants, band concerts, historic reenactments, museums, shops, Barnstable o Guest Ranches p Mobile Homes harbor, and beach. Drive just minutes to larger beaches, island ferries, and whale watch cruises.Many golf courses within the area. The Tavern's mid-Cape location is ideal for exploring all the Suites 0 SuitesTownh mes a Cape and Islands. a] Vacation Hom: Features / Amenities o Villas i Clubhouse Tennis Court Jacuzzi/Spa v/ Outside Yard ................n.__.._.._. ............................._.__........__._...a_.__... InVacation Hoi BBQ Grill Air Conditioning Furnished Television in http://www.capecodvacationplaces.com/vacation-rentals/details.cfin?id=3485 8/18/2009 . r Cape Cod Vacation Rentals Barnstable Massachusetts Vacation Home Cape Cod Vacatio... Page 2 of 3 ! 1 Bedroom ........ --- _____ .._.. . 4 " Cable.N...__...u_.__ m_ .VCR/ Stereo/Tape._...- Phone -.__-_.-__-_ - 2 Bedrooms r. Internet Access Microwave v/ Dishwasher Utensils Linens--••-------------• � Fireplace �'' Radio_._--_,_.__.___-.___.._._. Balcony. CR ........ Homes by Pr .......Elevator m„V m.,.^NWN / Rollaway Bed Baby Crib Pet Friendly Va ---------•---...... -------------------------•- . ---___ ,__._.-_.-..,._,-. _._...,_......_..___...._._...m.,.-.w.....__.._._ -•_..._---•--._ Handicap/Whe+ Pool: None Parking: Private Driveway W / D: Both U With Private S� Waterfront or t Bedding: 5 Queen, 3 Double, 2 Cots,PacNPlay M Luxury Vacatio Amenities: Large barn for gathering or entertaining has tables, chair, a gas fire place and a r°Gay Friendly Lc new wide pine floor for better dancing etc. Private yard with 3 acres of woods to rear, 2 stone Horres With Ja patios and good views of the various gardens. Each BR has it's own sitting area, many with TV's. Rentals Near G Two of the bedrooms are on the first floor. The fully appointed kitchen has granite counters, a new stove and a large center island with stools. A comfortable and casual vacation home for all ages. Entertainment: Within walking distance of the Crocker Tavern are restaurants, museums, St. —Had A.. Mary's Episcopal Church gardens, the Sturgis Library and genealogy research facility, specialty WPM shops, and Barnstable Harbor with a public beach, sportfishing, and whalewatching. The dunes of Sandy Neck, south side beaches, freshwater ponds, golf, Hyannis shopping and nightlife, the Kennedy Museum, the airport, and island ferries are all within a ten minute drive. The Tavern's Do you have Vac mid-Cape location is an ideal vantage point to explore the entire Cape. A favorite pastime of Homes and need many visitors is meandering along Olde Kings Highway with its stately historic homes, antique Manager for prof shops, gift shops and fine restaurants.Hyannis is just 2 miles from the house with larger shops, management ser food chains and movies. Other Comments: Today, the Crocker Tavern is available to the public as a private home rental. There are twelve rooms in the Tavern including seven bedrooms as well as six and one- half baths. The bedrooms are spacious, elegantly furnished with antiques and reproductions, and each is named for previous occupants and luminaries of Barnstable and our national heritage, i.e., James Otis, Mercy Otis Warren, Julia Crocker, Aunt Lydia Crocker, Cornelius Crocker, Sarah Crocker, and Georg Washington. All of the common rooms as well as the bedrooms tastefully blend the convenience and comforts of today with the charm and antiquities of the past. Beautiful antiques and reproductions, wood plank floors, exposed beams, window seats, raised paneling, Oriental and braided rugs, and seven fireplaces provide an atmosphere that reflects the colonial elegance of yesteryears. Each bedroom is unique in decor and furnishings. Six have four poster or canopy beds; one has 2 double beds; all have sitting areas. The six and a half bathrooms are all modern and many have wonderful charming details. There are many window ASc and fans available if necessary. There is also internet access. The kitchen has granite counters, a center island and is fully appointed with the chef in mind. This is a great r family reunion home or event location. Rental Rates Season/Type Daily Weekly Monthly Min. Stay May-June $700,00 $4,900.00 N/A 2 nights July-Aug N/A $5,300.00 N/A 1 week Sept-Oct $700.00 $4,900.00 N/A 2 nights r --_--.._--__-_-.-,-----•.___--------- - - ------------------------- -- --------------------- -----------------------...-d_...-...----.._--_w_. Note: All rates $US Dollars and subject to change. Payment Information Deposits: 50% Arrival/Departure: Sat-Sat rental Week rental only July and Aug. In by 2PM and Out by 10Am I May-June and Sept-Oct 2 night min. P Tax: included 1 I Contact Information Contact: Anne Carlson --------------------------------------------- _-----.._. http://www.capecodvacationplaces.com/vacation-rentals/details.cfin?id=3485 8/18/2009 A. z Cape Cod Vacation Rentals Barnstable Massachusetts Vacation Home Cape Cod Vacatio... Page 3 of 3 4 s i none: cuts-.5bV-yi1Lu ----------------------------------------------------------- -------..------.... ---------..__-__-.----------.---------------------------------.------------..___.-•---------- Toll Free: N/A -----------------------------------------------------------------------------------------.-------------_--_-,---------------__--_--.--__-.____------------.-.._---•------------ Fax: 508-359-5542 --_----___n.............w_..m_.__._ .----__--_--__ _a__,,.a.wm_,--_.__..____w.w--_..__wm..-_ _.,__--_„_,--.__w.--.-_w _-_---,_.-____. ._........1__.._-_-_ Alt Phone: 781-249-1895 --------------- Best Time: Anytime f -----------------------------------------------------------------------------------,--.---------•---•---------,-_----,-..----w_._--.ww.__-------.-_-------_----.-,.-_._....---_-- W Please mention you saw this listing on ReservationsDirect/ Vacation Places To Stay when contacting or calling the property owner or agent. PropertyID: 3485 i Home I Our Company I For Travelers I For Property Owners I For Rental & Hotel Management Companies Trav ©Copyright Vacation Places To Stay a division of Reservations Direct, Inc. Vacation Rentals Website Design by Creative Business Solutions Terms of Use ( Privacy Policy ( Copyright Notice http://www.capecodvacationplaces.com/vacation-rentals/details.cfin?id=3485 8/18/2009 cker Tavern - Activities Page 1 of 2 The Crocker Tavern House is available to guests as a private home rental. The facilities of the Tavern are conducive for vacation, business, or special events such as family vacations and reunions, wedding parties, golf outings, corporate retreats, business meetings, think tanks, etc. The accommodations of the Tavern are exquisite, but also practical and comfortable. Visitors should be aware that the atmosphere and culture of the Cape is casual and relaxing, which is consistent with the appointment of the Tavern. The authenticity and historical ambience of the Tavern is a further enhancement, all of which affords a once-in-a-lifetime experience! Below is a brief description of"vacation rr event options for Crocker Tavern visitors. Beaches -Barnstable Harbor Beach is .... within walking distance. Across the bay is Sandy Neck, a six mile north side barrier beach with breathtaking dunes and tidal flats. For even more endless beaches, explore the Cape Cod National Seashore with 27,700 acres of beach and protected land including sloping sea cliffs, dunes, marshes, shipwrecks, wild cranberry bogs, walking trails, paved bike paths, and lighthouses. Islands-Take a day trip to Nantucket or Martha's Vineyard. Transportation by ferry or plane is a ten minute drive. Explore Cape Towns-Visit esoteric Provincetown, Currier& Ives Sandwich, the Kennedy's Hyannisport, upscale Osterville, and popular Chatham and"Hyannis.The Tavern is located mid-Cape, making it the ideal vantage point to expl"o a all the Cape and islands. Scenic Route 6A-Olde Kings Highway has been selected as one of America's ten most outstanding scenic ways by Scenic America. Whalewatching -The Cape has been � named by World Wildlife Fund as one of the ten best places in the world to watch w M whales. Trips originate from Barnstable Harbor. Hiking/Biking/Rollerblading -Miles of trails abound ranging from nature trails , - to paved pathways. Boating and Fishing-Take a sightseeing or sunset cruise; rent a canoe, sailboat, or kayak; charter a boat for deep-sea fishing. http://www.crockertavem.com/activities.htm 8/18/2009 ocker Tavern- Activities Page 2 of 2 And lots more . . . Horseback riding on the dunes. Golf at over forty public courses. Fish from shore. Visit museums and historic houses. Do genealogy research across the street(Sturgis Library). Browse art galleries. Witness historic reenactments. Enjoy springtime blooms and daffodil festivals. Go antiquing. Enjoy village band concerts. See a play. Shop at specialty stores. Listen to jazz at an outdoor bar. Dine at a variety of restaurants. Join Christmas strolls. Search for land treasures and shipwrecks. Discover Indian stone mounds. Visit 17th and 18th century graveyards. Hunt for witches and ghosts. Experience endless festivals, fairs, and celebrations of American heritage. Home I Facilities I History I Location I Activities I Reservations http://www.crockertavem.com/activities.htm 8/18/2009 _ Town of Barnstable *Permit#"� X-PRESS PERMIT Expires 6 months from crsue date OCT 1 9 2p07 Regulatory Services Fee Thomas F.Geiler,Director TOWN OF BARNSTAB Division�� Building Ditvision ��4(y Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 O (� www.town.barnstable.ma.us 7 Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X--Press Imprint Map/parcel Number / �v � �` J Property dress �i,� 7/7 �':/ X-2/'�c /t esidential Value of Work C26492OV- Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address ,�/��� � I Cj q,_f S0A, Contractor's Name /���bt Gt r Telephone Number Home Improvement Contractor License#(if applicable) o Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ I the Homeowner have Worker's Compensation• Insurance Insurance Company Name Workman's Comp.Policy# .��/ Copy of Insurance Compliance Certificate must be on file. Permit Request(ch k box) Re-roof(stripping old shingles) All construction debris will be taken to Y,4?/m el�/�/� ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows/doors/sliders. U-Value (maximum.44) *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License is required. SIGNATURE: Q Torms:expmtrg e Revise061306 The Commonwealth of Massachusetts Department of Industrial Aecidents Office of Investigations " d 600 Washington Street Boston,M,4 02111 , www.mass.gov/dia Workers" Compensation Insurance.Affidavit: Builders/Contractors/Electridans/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual):_���1��/�, Address: /C5 f'C)k/ ' City/Slat ip: Phone.#: Are y an employer? Check the appropriate bog: Type of project(required):. 1. ' I am a employer with 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the stab-contractors 6. ❑New construction . 2.❑ I am a"sole proprietor or partner- listed on the-attached sheet. 7. ❑Remodeling ship and have no employees 'These sub-contractors have 8. ❑Demolition working for me in any capacity. employees and have workers' 9 ❑Building addition [No workers' comp.insurance comp. insurance.$' required.] 5. ❑ We are a corporation and its 10.0 Electrical repairs or additions 3.❑ I am ahomeowner doing all Rork officers have exercised their 11.❑Plumbing repairs or additions myself [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.] t c. 152, §1(4),and we have no - Other comp. insurance required.] , *Any applicant tbat checks box#1 must also fit out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. #Contractors that check this box must attached an additional sheet sbowing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and fob site information. Insurance Company Name:_ Policy#or Self-ins.Lic.#: _��,.5 ,l 60 Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date),, Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the t)IA for insurance:coverage verification. I do hereby certify ulder the pains and pe alties of perjury that the information provided above is true and correct: Signature: Phone#: Official use only. Do not write in this area,'to he 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 CIerk 4. Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: . DA (MM/DD/YY) �' ,. ERT[�� �1TE LlAILT 1( URANCE TE ORMUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION OLDE CAPE COD INS AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 296 WINTER STREET COMPANIES AFFORDING COVERAGE HYANNI S MA 02601 COMPANY A SCOTTSDALE INSURANCE COMPANY INSURED COMPANY VILLANI CONSTRUCTION INC B SAFETY INSURANCE CO COMPANY P .O. BOX 692 C WEST HYANNISPORT MA 02672 COMPANY D CQVERAGE� 77 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFO RDED ORDED BY THE PO LICIES DESCRIBED HER EIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY CL S 13 718 8 3 4/12/0 7 4/12/0 8 GENERAL AGGREGATE s2 , 000 , 000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $1, 0 0 0, 0 0 0 CLAIMS MADE [:]OCCUR PERSONAL&ADV INJURY $1, 000, 000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE(Any one tire) $ 50, 000 MED EXP(Any one person) $ 5, 000 AUTOMOBILE LIABILITY 3150275 8/0 9/0 7 8/0 9/0 8 ANY AUTO COMBINED SINGLE LIMIT $ t _ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) 250, 000 HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) 500, 000 PROPERTY DAMAGE $ 100, 000 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $_ ANY AUTO OTHER THAN AUTO ONLY: ^ EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM $ W C STATU- TH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY — EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT PARTNERS/EXECUTIVE $ OFFICERS ARE: EXCL .EL DISEASE-EA EMPLOYEE $ OTHER 'DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS WORKERS' COMP CERTIFICATE WILL BE SENT TO YOU DIRECTLY FROM GRANITE STATE INSURANCE CO 4/1/07 TO 4/1/08 #WC2358620 0E TIFIOA3r» HOAR R CANCE I.A7E01Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE z - TOWN OF BARNSTABLE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAY EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, MAIN STREET BUT FA URE TO MAIL UCH NOTICE SHALL IMPOSE NO OB ATION OR LIABILITY HYANNI S, MA 02601 of AN KIND UPON THE COMPANY ITS AGENTS OR REPJIESIENTATIVES. !,. AUTHORIZED TIVE D.Ju d' u Ivan JS A .a . ,U AGQRq COi:I�OR T N 1988; ' 08-10=07 03:29pm From-AIG +973 331 8599 T-355 P.001/002 F-591 �RTI �CATE' t 4 ,IDS: RANG.E'.OFF ,w 7. PRODUCER THIS CIFICATE I$ ISSUED AS A MATTER OF INFORMATION I a- Olde.Cape Cod Ins Agcy Inc O ERT ONLY AND CONFER$ NO RIGHTS UPON THE CERTIFICATE 6 296 Winter Street HO1 DER' THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Hyannis, MA 02801 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING INSURANCE INSURED COMPANY A GRANITE STATE INSURANCE COMPANY I Villani Construction Inc Po Box 692 Hyannisport, MA 02672-0000 'COVERAGES! ,I THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT,,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE 13EEN REDUCED BY PAID CLAIMS, I PE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE RS COMPENSATION PLOYERS'LIABILITY OPRIETOR/ LIMITS RSIEXECUTIVERS ARE.;EXCL❑ 2358620 THER 4/01/2007 4/01/2008 TATUTORY LIMITS !ry. •. "r�` !r`�,C ",I,:; . overage Applioo ro MA Operatlonra Only. CM ACCIDENT $ 100,000 DISEASEPOLICYLIMIT $ 500, DESCRIPTION OF OPERATIONSN 000 EHICLES/SPECIAL ITEMS ISEASE•FJ1CH EMPLOYE $ 100 00 / I j 7CIERTIFICATE HOLDER CANCELLATION RNSTABLE SMOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MAIN STREET EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Ip HYANNIS, MA 02801 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,13UT FAf1.uRI_TO MAIL SUCH NOTICE SHALE-IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGFNTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE k. I � , i i t k1 i 4 y Mkt a I L ` VILLANI CONSTRUCTION INC. Roofing & Siding Specialists PO Box 692 West Hyannis Port, MA 02672 508-778-2495 1-888-766-3043 Member of the Better Business Bureau—Insured—Licensed—Free Estimate Bryan E. Carlson September 18, 2007 4311-5 Main St. 508-951-6515 Medfield Ma 02052 DESCRIPTION Furnish and install the following, labor and material to re- roof building Crocker Tavern Back main house 1. Remove and dispose of existing red cedar roof shingles. Back main house 2. Install Red cedar No.I perfection. 3. Install Ice and water to eves. 4. Install 30# felt paper. 5. Install red cedar ridge board. Barn Roof 1. Install Red cedar shingles over existing asphalt.shingles. Back of roof 2. Remove asphalt roof shingles. Install red cedar roof shingles. Front roof. Shed Roof. 1. Install red cedar over existing roof shingles. Villani Construction guarantees labor for 5 years. We propose hereby to furnish labor&materials complete in accordance with above specification for the sum of: TWENTY SIX THOUSAND TWO HUNDRED DOLLARS. $26,200.00 Payments to be made as follows: DUE ON COMPLETION All materials are guaranteed by manufacturer. All work to be completed in a substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon verbal request and will become an extra charge over and above the estimate. All agreements contingent upon weather, accidents, or delays beyond our control. Owners to carry fire, tornado, and other necessary insurance. This proposal maybe withdrawn if not accepted within 30 days. ACCEPTANCE OF PROPOSAL---- The above prices, specifications a d conditions are satisfactory and are hereby accepted. You are author' to do rk as specified. Payments will made as o ov . Signature Signature Date Town of Barnstable - Planning Department °PYRE T° Old King's Highway Historic District Committee 230 South Street, Hyannis, Massachusetts 02601 BARNsrnsLE, : (508) 790-6285 Fax (508) 790-6288 v MASS. 1639• ♦� ArED MA'S a June 29, 1998 Ralph Crossen, Building Commissioner Town of Barnstable Building Department 367 Main Street Hyannis, MA 02601 Re: Town of Barnstable Route 6A Road Improvements - Crocker Tavern 3095 Main Street, Barnstable Dear Mr. Crossen: In response to a letter to our Committee from the owner of Crocker Tavern 3095 Main Street, we have reviewed the height of the new granite curbing and elevation of the sidewalk in front of the Crocker Tavern and vicinity. We agree with Mr. Carlson's complaint that the granite curbing is higher than it should be, and that the new elevation of the sidewalk is so high that it obscures a good foot or so of the beautiful and historic stonewall in front of the Crocker Tavern. We have reviewed the plans for the repaving of Route 6A that were approved by our Committee, and the approved plans show the granite curb to have a six (6") inch reveal, and they do not show changes in height of the sidewalk. In fact, the granite curb in place is a good eleven (11") inch reveal. Both the curbing and the sidewalk height are extremely inappropriate and substantially detract from the history and character of the beautiful and historic Crocker Tavern and stonewalls. We would never have approved the plans if we knew the sidewalk and curbing would look like this. We respectfully urge you to see to it that the Town of Barnstable Engineering Dept. and the Department of Public Works correct these violations immediately. Very truly yours, Edward Molans, Chairman Old King's Highway Historic Committee cc: Thomas J. Mullen, Superintendent of DPW Bob Burgmann, Town Engineer James D. Tinsley, Town Manager EM/gmb Q:Repaving. P Ci CQ Yee- cte - -� Q The Town of Barnstable Department of Health Safety and Environmental Services BARNST"LL MAM Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 18, 1998 Attorney Peter Freeman 86 Willow Street Yarmouth Port, MA 02675 Re: SPR-036-98 Crocker Tavern, 3095 Main Street, Barnstable (279/038.001) Proposal: To legitimize the existing B&B for 6 rooms, up to 12 guests. Dear Mr. Freeman, The above referenced proposal was reviewed at the Site Plan Review Staff Meeting of May 14, 1998 and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance and forwarded to the Zoning Board of Appeals with the following conditions: • Applicant to discuss zoning relief prior to application to Zoning Board of Appeals. • Clarify easement. Please be informed that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Also, all signage must be discussed with Gloria Urenas of this Division. Should you have any questions, please feel free to call. Respectfully, Ralph Crossen Building Commissioner Town of Barnstable Legal Department - Town Attorneys' Office 367 Main Street, Hyannis MA 02601-3907 Inter-Office Memorandum Robert D. Smith,Town Attorney Office: 508-862-4620 Ruth J.Weil, 1 st Assistant Town Attorney Fax: 508-862-4724 Claire Griffen,Paralegal/Legal Assistant T.David Houghton,Assistant Town Attorney Claudette Bookbinder,Legal Clerk To: Gloria Urenas, Zoning Enforcement Officer From: Ruth J. Weil, Assistant Town Attorney Date: September 14, 2001 Subject: Protocol for Addressing Enforcement Issues Legal Ref. # ------------------------------------------------------------------------------------------------------------ We are in receipt of the enclosed original file, which we are returning to you. I think we need to establish a protocol for dealing with enforcement-related issues. I am unclear from the materials provided what is the purported violation and what question is being asked of us. I know that you have mentioned in passing a problem with the Crocker Tavern, but I know nothing beyond that, such as what investigation has been undertaken by the Building Department on the issue. Thanks for your cooperation. oxTME . ; The Town of Barnstable • L►Rrrsr�ai.E, • 6 9. � Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 28, 1998 Jeffrey L. Carlson & Susan'Faria Crocker Tavern 3095 Main Street Barnstable,MA 02630 Re: Crocker Tavern, 3095 Main Street,Barnstable(279/038.001) Dear Mr. Carlson and Ms. Faria: Please be advised that absent an appeal to the Superior Court you are only allowed to rent to up to 3 rooms, 6 people, at the Crocker Tavern at a time. Recently we have seen up to 7 autos parked there early in the morning. I sincerely hope you understand that your compliance with the ZBA decision is mandatory and expected of you now. Sincerely, Ralph M. Crossen Building Commissioner RMC/lbn cc: Attorney Peter Freeman g980928c Building Department CoMplaint/Inquiry Report -7 J D / ec d by: ��� Assessor's No.:�- Dale: R Complaint Name: Location 7 Address: M/P Originator Name: j Street ° vilL�e: , e- /State: gip' Telephone:D/D Complaint Description: Inquiry Description: ` For Office Use Only Inspector's _ inspector. Action/Comments Date: _ Tollow up Action Additional Info. Attached Cop}'Distribution: White-Deparunent File Yellow-Inspector Pink-Inspector(Return to Office Manager) Crocker Tavern Bed&Breakfast -Barnstable, Cape Cod Bed and Breakfast, Massachuseb... Page 1 of 2 yin rvn +fin n uIDnd� � � Q� Crocker Tavern Bed and Breakfast Barnstable, Massachusetts, USA v <r a' f, Visit our Home Page Region: Barnstable Village in the heart of Cape Cod, Massachusetts Experience the charm of an authentic tavern house nestled within a quaint village by the sea. The Crocker Tavern is a meticously restored circa 1754 colonial which once served as a meeting place for the Whigs during the Revolution. Beautiful antiques and reproductions, wood floors, exposed beams, window seats, exquisite woodwork, Oriental rugs and seven fireplaces provide an atmosphere of the colonial elegance of yesteryears. The five romantic rooms have four poster or canopy beds, sitting areas,private baths and air conditioning, and some have working fireplaces. Hearty continental breakfasts are served by candle light with soft music, china and crystal. Village restaurants, shops and harbor are within a short work. Drive just minutes to island ferries and whalewatching cruise. . 5 rooms with private bath and air conditioning s $85-$125 . Master Card &Visa accepted . No smoking inside . Children 12 &over welcome; no pets Open year-round Sue &Jeff Carlson, Innkeepers Crocker'tavern Bed&Breakfast http://www.travelassist.com/reg/mal246.html 8/2/2001 CROCKER TAVERN BED & BREAKFAST _ 3095 Olde Kings Highway -'- Y ; i� �� Barnstable, MA 02630 T - - - - - (508) 362-5115 October 1, 1998 Mr. Ralph M. Crossen Building Commissioner The Town of Barnstable Department of Health, Safety and Environmental Services Building Division 367 Main Street Hyannis, MA 02601 Dear Mr. Crossen: We have just received your letter dated September 28, 1998. Please be advised that it is not unusual for us to have three non-guest cars in our parking area early in the morning, as our assistant innkeeper often arrives. before I leave the house. Furthermore, because of the ZBA's decision we will be closing the bed & breakfast next week and do not plan to re-open. i trust this will alleviate any concerns the Board may have concerning the operation of the Crocker Tavern Bed & Breakfast. S' erely, L. Carlson cc: Peter Freeman l A I Town of Barnstable Planning Department Staff Report Carlson and Faria/Crocker Tavern Appeal No. 1998-99-Special Permit Pursuant to Section 3-1.1(3)(F)Conditional Uses -Bed and Breakfast and Modification to Special Permits#1988-76,#1980-39 and#1976-54 Appeal No. 1998-100-Use Variance to Section 3-1.1(1)(A) Principal Permitted Uses and a Variance to Section 3-1.1(3)(F)Subsections(b)&(h) Date: August 18, 1998 To: Zoning Board of peals From: Approved By: Robert P. Sc ernig, Direc or-- Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog, Associate Planner Applicants: Jeffrey L.Carlson and Susan Faria d/b/a Crocker Tavern Property Address: 3095 Main Street, Barnstable Assessor's Map/Parcel: Map 279, Parcel 038.001 Area: 3.31 acres Building Area: House-3,200 sq.ft. Barn-1,012 sq.ft. Shed-248 sq.ft. Zoning: RF-2 Residential F-2 Zoning District Groundwater Overlay: AP Aquifer Protection District Filed:June 5, 1998 Public Hearing:August 26, 1998 Decision Due:Nov. 12, 1998(this includes a 60-day extension signed by the applicant) Background: The property that is the subject of these appeals consists of 3.31 acres on Route 6A in Barnstable Village and is commonly addressed as 3095 Main Street. The property is improved with 3 structures; a two-story, 3,200 sq. ft. house, a 1,012 sq. ft. barn and a 248 sq. ft. shed, according to the petitioners' application. The Crocker Tavern was built around 1754 and is of historical significance. It is listed in the State and National Register of Historic Places and is located within the Old King's Highway Regional Historic District. In 1927, by the will of Julia Crocker, the locus was given to the Society for the Preservation of New England Antiquities(SPNEA). SPNEA owned this property and conducted tours from 1927 through 1974. Prior to this time period, it had been operated as a coach house for many years. Today, the property is still under a Preservation Restriction Agreement with SPNEA. The current owners of the property are seeking zoning relief to legitimize the operation of a 6 room bed & breakfast for up to 12 guests. The applicants purport that a 6 bedroom B& B has been operated on this property since they purchased it in 1993. No changes to the operation or to the structures are planned. For the Board's information, a Certificate of Appropriateness for the existing B& B sign was approved by the OKH Regional Historic Commission in May of 1991. Prior ZBA Action: Appeal Number 1976-54-On November 3, 1976, the Zoning Board of Appeals granted a Special Permit to allow re-establishment of a nonconforming use and change of a nonconforming use from a nonconforming paying house tours operation (operated by SPNEA)to an antique shop use located in the I` Town of Barnstable-Planning Department-Staff Report-Crocker Tavern Appeal No. 1998-99-Special Permit Section 3-1.1(3)(F)&Modification of Special Permits#1976-54,#1980-39߄ Appeal No. 1998-100-Use Variance to Section 3-1.1(1)(A)&Variance to Section 3-1.1(3)(F),Subsections(b)&(h) barn structure. The owners at the time requested the antique shop use in order to help pay for the extensive costs that would be incurred (due to restrictions imposed by SPNEA) in restoring the property to a residence for themselves. This Special Permit was granted subject to 7 conditions and restrictions(see attached Facts and Decision). Appeal Number 1980-39- New owners of the property requested a Special Permit to allow the continued operation of a nonconforming retail antique shop use in the barn. Restriction 6) of Special Permit No. 1976-54 stated: "This permit shall be good for three years from the time of recording with the Town Clerk at the end of which time period Petitioners must show substantial completion of the restoration of the house in accordance with specifications annexed to this decision and submitted by Petitioners. If such restoration has not been substantially completed, this permit for operation of an antique shop as restricted, shall be revoked. If the property is transferred during this period, this same restriction shall apply to any subsequent owner." The Board found that imposing the restrictions under Appeal No. 1976-54 would create an unreasonable hardship on the owners at the time and voted to modify Special Permit 1976-54 by deleting restrictions 1) through 7)and imposing the following: 1. The petitioners shall provide nine, on-site parking spaces to accommodate the antique shop use. Appeal Number 1988-76-On September 8, 1988, the Board granted a Special Permit to allow 6 lodgers in one multiple unit dwelling as a bed and breakfast enterprise. This Conditional Use Special Permit was approved with the following conditions: 1) There is to be no further subdivision of the lot. 2) Parking is to be provided in accordance with the approved site plan. 3) The operation is to be limited to no more than a six(6) person bed and breakfast. 4) There are to be no external changes to differentiate the premises from other buildings in the area which is within the Old King's Highway Regional Historic District. Requested Relief: Sometime after Special Permit No. 1988-76 was granted, the number of guests accommodated was expanded from 6 to 12. To legitimize the current operation of a 6 guest room bed and breakfast inn for up to 12 guests, the applicants are requesting the following relief: • Appeal Number 1998-99 A) Special Permit pursuant to Section 3.1.1(3)(F)for a bed &breakfast enterprise (in conjunction with Appeal No. 1998-100) and B) Modification of Special Permits#1976-54,#1980-39 and#1988-76 to permit the operation of a 6 guest bedroom bed and breakfast inn for up to 12 guests, with the abandonment of the antique shop use under Appeals Nos. 1976-54 and 1980-39. • Appeal Number 1998-100 A) Use Variance to Section 3-1.1(1)(A) Principal Permitted Uses to allow the operation of a 6 guest room B& B for up to 12 guests. The only principal permitted use in this zoning district are single-family dwellings. B) If a Special Permit is granted pursuant to Section 3-1.1(3)(F), under Appeal No. 1998-99, the applicants are also requesting a Variance to subsections(b)and (h)of the bed and breakfast provisions. Subsection (b)allows only 3 bedrooms to be rented to no more than 6 guests at any one time. Subsection (h) states that an approved Special Permit is issued to the owner only and is not transferable to a subsequent property owner. The applicants would like the option of transferring any issued Special Permit to a subsequent owner. 2 , Town of Barnstable-Planning Department-Staff Report-Crocker Tavern Appeal No. 1998-99-Special Permit Section 3-1.1(3)(F)&Modification of Special Permits#1976-54,#1980-39߄ Appeal No. 1998-100-Use Variance to Section 3-1.1(1)(A)&Variance to Section 3-1.1(3)(F),Subsections(b)&(h) Special Permit Findings: The standards for Granting a Special Permit require the following findings of fact to be made by the Board (Section 5-3.3(2): • that the application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, • that a site plan has been reviewed and found approvable in accordance with Section 4-7 (The site plan was found approvable on May 14, 1998, by Site Plan Review Committee- Site Plan Review No. 036-98), and, • that after evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. Variance Findings: In consideration for the requested Variances, the petitioner must substantiate those conditions unique to this lot that justify the granting of the relief being sought. In granting of the Variances the Board must find that: • unique conditions exist that affect the locus but not the zoning district in which it is located, • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and • the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Staff Review/Comments: The property is serviced by Town water and sewer. Significant improvements have been made to this property both to the interior and exterior since the Special Permit for the-antique shop was first approved in 1976. Surrounding land uses include single-family residences, a library(across Main Street)and a church. Site Plan Review: The proposal was reviewed by Site Plan Review on May 14, 1998, and the plans were deemed approvable and forwarded to the Zoning Board of Appeals with the following conditions: • Applicant to discuss zoning relief prior to application to the Zoning Board of Appeals. • Clarify easement. The applicants should be prepared to address the issue of the conservation easement which exists on the property. Parking The Zoning Ordinance requires 1.2 parking spaces per bedroom for bed &breakfasts. There are seven bedrooms within this residence, requiring a total of 9 off-street parking spaces. The site plan shows a. total of 8 spaces proposed for this site(see attached site plan). The owners have stated there is the possibility for 9 spaces if they park in tandem alongside the barn. Special Permit No. 1988-76 requires that parking be provided in accordance with the approved site plan, which shows a total of 9 spaces; 7 in front of the barn and 2 inside the barn for the owners. Currently,the barn is being used for storage and as a small woodworking area for the owners. There is no room to park vehicles inside the barn. If the Board does not feel parking in tandem for the owners is sufficient, they may wish to require an additional parking space. 3 r. Town of Barnstable-Planning Department-Staff Report-Crocker Tavern Appeal No. 1998-99-Special Permit Section 3-1.1(3)(F)&Modification of Special Permits#1976-54,#1980-39߄ Appeal No. 1998-100-Use Variance to Section 3-1.1(1)(A)&Variance to Section 3-1.1(3)(F),Subsections(b)&(h) Lodging House License The applicants have submitted a Lodging House License issued on December 31, 1997 and which expires on December 31, 1998. This license limits the total number of lodgers to 6. If the applicants are granted relief for a 6 room bed and breakfast for up to 12 guests, they will be required to notify the Licensing Authority. Modification of Appeal Nos. 1976-54, 1980-39 and 1988-76 Special Permit No. 1976-54 was modified in Appeal No. 1980-39. Further modification of this Nonconforming Special Permit is not necessary. Staff recommends that if the applicants can substantiate the continuance of a nonconforming use, the most expedient approach to accomplish the applicants' proposal is through a modification of Special Permit No. 1980-39. The need for a Variance would be removed and meeting that higher standard of proof would be eliminated. The applicants should also be prepared to substantiate that the proposed bed and breakfast operation would not be more intense than the antique shop use. Variance requests The applicants have also applied for a Conditional Use Special Permit for a bed and breakfast pursuant to Section 3-1.1(3)(F)of the Zoning Ordinance(Appeal No. 1998-99). In conjunction with this request, the applicants are requesting Variances to sub-sections (b)and (h)to allow 6 bedrooms to be rented to up to 12 guests and to allow transferability to a subsequent owner(Appeal No. 1998-100). Staff recommends against this approach. The intent of the bed and breakfast provisions are to allow the re-use of older larger structures to encourage the maintenance and enhancement of these buildings while minimizing the impact on residential neighborhoods. Doubling the allowable number of bedrooms and guests under this section and allowing transferability would derogate from the intent of these provisions. The Board may wish to consider non-transferability without permission from the Board. The other recommended option would be a straight Use Variance(Appeal No. 1998-100). The existence of conservation easements, preservation restrictions, the dwelling location and size are unique conditions of this property. Suggested Conditions: If the Board is inclined to find to grant relief, they may wish to impose the following conditions and limitations: 1. There shall be no future subdivision of the lot. 2. The property shall be developed in accordance with the submitted site plan prepared for Jeffrey Carlson &Susan Faria by Yankee Survey Consultants, dated March 30, 1998 and revised on April 10, 1998. 3. The use of the property is limited to a single-family dwelling and a six(6) room Bed and Breakfast facility for not more than twelve(12)guests. 4. No cooking facilities including but not limited to stoves, microwave ovens, toaster ovens and hot plates shall be available to guests, and no meals except breakfast shall be served to guests. 5. The owner of the property shall be responsible for the operation of the property and shall be resident when the Bed and Breakfast is in operation. The owner shall file an affidavit with the Building Commissioner on an annual basis in the month of January stating that the property is the principal residence of the owner and that the owner is resident all times that the Bed and Breakfast is being operated. If the affidavit is not filed, the operation shall cease forthwith and any Special Permit issued shall be considered null and void. 4 Town of Barnstable-Planning Department-Staff Report-Crocker Tavern Appeal No. 1998-99-Special Permit Section 3-1.1(3)(F)&Modification of Special Permits#1976-54,#1980-39߄ Appeal No. 1998-100-Use Variance to Section 3-1.1(1)(A)&Variance to Section 3-1.1(3)(F),Subsections(b)&(h) 6. The property shall be maintained so that the appearance of the building and grounds remain that of a single-family residence. 7. The total number of bedrooms or size of the dwelling shall not be increased or expanded without further relief from the Zoning Board of Appeals. 8. The existing vegetation along the east side of the existing gravel parking area shall be continual°y maintained to screen the parking area from the adjoining residential property to the east. 9. Exterior lighting shall be low level, and shall not cause its illumination to fall onto adjacent properties. 10. The locus shall comply with all Town of Barnstable Building and Health Divisions Regulations, licensing, Fire Department Requirements, and Old King's Highway requirements. 11. No retail antique shop use shall be allowed on the property. 12. The relief granted shall be issued to the owner only and is not transferable to a subsequent property owner. Attachments: Applications Plan Reduction Deed Preservation Restriction Agreement Floor Plans Site Plan Review Letter&Attachments Lodging House License Permit to Operate a Food Establishment Certificate of Inspection Approved Sign C�etails Facts and Decision for Appeal No. 1976-54 Facts and Decision for Appeal No. 1980-39 Decision and Notice for Appeal No. 1988-76 Copies: Applicants/Petitioners 5 Town of Barnstable-Planning Department-Staff Report-Crocker Tavern Appeal No. 1998-99-Special Permit Section 3-1.1(3)(F)&Modification of Special Permits#1976-54,#1980-39߄ Appeal No. 1998-100-Use Variance to Section 3-1.1(1)(A)&Variance to Section 3-1.1(3)(F),Subsections(b)&(h) Copy of Section 3-1.1(3)(F) Conditional Uses-Bed and Breakfast Bed and Breakfast: Intent: It is the intent of this section to allow Bed and Breakfast operations in larger older homes to provide an adaptive reuse for these structures and in so doing, encourage the maintenance and enhancement of older buildings which are part of the community character. This use will also create low intensity accommodations for tourist and visitors and enhance the economic climate of the town. By requiring that the operation is owner occupied and managed, the town seeks to ensure that the use will be properly managed and well maintained. Bed and Breakfast, subject to the following conditions: a) The Bed and Breakfast operation shall be located within an existing, owner-occupied single family residential dwelling constructed prior to 1970 containing a minimum of four bedrooms as of December 1, 1996. b) No more than three (3) bedrooms shall be rented for Bed and Breakfast to a total of six guests at any one time. For the purpose of this section, children under the age of(twelve) 12 years shall not be considered in the total number of guests. c) No cooking facilities including but not limited to stoves, microwave ovens, toaster ovens, and hot plates shall be available to guests, and no meals except breakfast shall be served to guests. d) The owner of the property shall be responsible for the operation of the property and shall be resident when the Bed and Breakfast is in operation. The owner shall file an affidavit with the Building Commissioner on an annual basis in the month of January stating that the property is the principal residence of the owner and that the owner is resident all times that the Bed and Breakfast is being operated. If the affidavit is not filed, the operation shall cease forthwith and any Special Permit issued shall be considered null and void. The requirement for filing of an affidavit shall not apply to Bed and Breakfast operations legally established prior to October 1, 1996. e) The single family residence in which the Bed and Breakfast operation is located shall be maintained so that the appearance of the building and grounds remain that of a single-family residence. f) If the property is not served by public water, the applicant shall provide evidence to the Zoning Board of Appeals that the proposed use will not have any detrimental impact on any private water supply on-site or off-site. g) No parking shall be located in any required building yard setback, and parking areas shall be screened from adjoining residential properties by a fence or dense plantings, not less than five feet in height. Parking areas may be permitted in front of the house, not within the required building front yard setback, provided that the Zoning Board of Appeals finds that the spaces are designed and located in a manner which retains the residential character of the property. Grass overflow areas may be utilized for parking provided these are maintained with a grass ground cover in good condition. h) The Special Permit for the Bed and Breakfast Conditional Use operation shall be issued to the owner only and is not transferable to a subsequent property owner. This provision shall only apply to Bed and Breakfast Conditional Use operations established in Residential Districts. (Added on Feb.20, 1997 by a 9 Yes 2 No vote of the Barnstable Town Council) 6 TOWN OF BARNSTABLE Zoning Board of Appeals . Application for a special Permit ;� 5 '� U F Dat �gLE - For office use only TownL erk` o ? € c.. Appeal # 8- THE ZONING RELIEF BEING .dUGA►._: , . Hearing Date BEE,N DETERMINED BY THIS ZONIIT1� '°�Dj •f. ; Decision Due ENFORCEMENTOFFICERTO ►�` , BE APPROPRIATE BMW GIVEN THESE CIRCUMSTANCES, The undersigned hereby applies to the Zoning Board of Appeals for special Permit, in the manner and for the reasons hereinafter set forth: Jeffrey L. Carlson and c/o Susan Faria Peter L. Freeman Applicant Name: Phone (5C°8) 362-4700 Applicant Address: 3095 Main Street, Barnstable, MA 02630 Property Location: 3095 Main Street, Barnstable, MA 02630 Property owner: Same , Phone Same Address of owner: Same If applicant &ffarr fr® owner, state nature of Interest, Number of Years owned: 5 Assessor's Map/Parcel Number: Map 279, Parcel 38-001 Zoning District: %. RF-2 Groundwater Overlay District: AP Special Permit Requested: SEE ATTACHED SHEET Cite Section 6 Title of the Zoning ordinance Description of Activity/Reason for Request: To permit the operation of a 6 guest bedroom bed and breakfast inn for up to 12 guests, with the abandonment of the Antique Shop use under Appeals 1980-39 and 1976-54 If a Special Permit is granted under Section 3-1.1 (3) (F) the Applicant has also requested a Variance from Sub-Section (b)_ or 3-1.1-(3) (F) to allow for up to guess in b guestbedrooms, and from Sub Section fh1 Permit Non Transferability Description of ponstruction Activity (if applicable) : None Proposed Gross Floor Area to be Added: 0 Altered: 0 Existing Level of. Development of the Property - Number of Buildings: 3 Present Use(s) : Bed and Breakfast Inn , Gross Floor Area: sq. ft. — -- House - 3,200 S.F. Barn 1,012 S.F. Shed 248 •S.F. SPECIAL PERMIT REQUESTED 1. Modification to Special Permits granted in Appeals 1988-76, 1980-39, and 1976-54, to allow a Bed and Breakfast Inn with 6 guest bedrooms for up to 12 guests. 2 . Section 3-1. 1 (3) (F) - Bed and Breakfast Inn for renting of 3 guest rooms to 6 guests. Application to Petition for a Variance Is the property within a Historic District? Yes pQ No [ Yes [ ] NO D Is the property a Designated Landmark? For Historic Department Use Only Not Applicable . . . . . . . . . . . . . . . [. oxs Plan Review Number Date Approved signature: Have you applied for a building permit? Yes [ ] No Has the Building Inspector refused a permit? Yes [] No QQ All applications for a variance which proposes a change in use, new construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved Site Plan (see section 4- 7.3 of the Zoning ordinance) . That process should be completed prior to submitting this application to the Zoning Board of Appeals. . For Buildin Department Use Only: Not Required [] Site Plan Review Number Date Approved Signature: The followings information must be submitted with the petition at the you time of filing, with out such information the B Appeals request: Three (3) copies of the completed Application Form, each with original signatures. Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. All proposed development activities, except single and two-family housing development, will require five (5) copies of a proposed site improvements plan approved by the site Plan Review Committee. This plan must show the exact location of all proposed improvements and alterations on the land and to structures. See "Contents of site Plan:" Section 4-7.5 of the Zoning ordinance, for detail requirements. The petitioner may submit any additional supporting documents to assist the Board in making its determination. ��—� , Date: June 5, 1998 Signature: Petitioner or Agent's signature Peter L. Freeman, Esquire Agent's Address: 86 Willow Street Phone: Fax No. (508) 362-82V TOWN OF BARNSTABLE Zoning Board of Appeals ". Applicatioifto Petition for a Variance Data Received For office Use onl : To g •i...: Appeal # • I"-" '3E�?. � P91 BEING SOL'GI T IIAQ ` s, Hearing Date It } ,,i4DETERMINEDBYTHEZONING Decision Due ENFORCEMENT OFFICER TO RO- BE BE PROPRWE ereFy s to the Zoning Board of Appeals for a Variance from the Zoning ordinance, in the manner and for the reasons hereinafter set forth: Jeffrey L. Carlson and c/o Phone Peter L. Freeman Petitioner Name: Susan Faria _ Petitioner Address: 3095 Main Street, Barnstable, MA 02630 Property Location: 3095 Main Street, Barnstable, MA 02630 Property owner: Same Phone Same Address of owner: Same If petitioner differs from owner, state nature of interest: Number of Years owned: 5 Assessor's Map/Parcel Number: Map 279, Parcel 38-001 Zoning District: RF-2 Groundwater overlay District: . AP 1. 3-1.1. (3 (F (b) and (hl-more than 3 bedroom bed and breakfast Variance Requested: and (h) �erm? Non rangy r hilit� ci'te ..Section 6 Title of the Zoning ordinance 2.) 3-1.1 (1) (p)- Single family residential use Description of Variance Requested. Description of the Reason and/or Need for the variance: See above. Also, the variance is sought due to the uniqueness of the historic and large structure• and the financial hardship if income is lost due to fewr roams Restrictions on the pro�erty Discription of Con�tr�TctiOri Activity (if applicable) : None Existing .Level of Development of the Property - HHNumber of Buildings: 3 Barne- 130120SSP. Shed 248 S.F. Present Use(s) : Bed and Breakfast Inn Gross Floor Area: sq.ft. Proposed Gross Floor Area to be Added: 0 Altered: 0 Is this property subject to any other relief (variance or Special Permit) from the zoning Board of Appeals Yes 3� ] No [] If yes, please last appeal numbers or applicant's name Appeal No. 1988-76; 1980-39; and 1976-54 r - Application to petition for a Variance Yes ,Kj No [ Is the property within a Historic District? Yes [ ] No p Is the property a Designated Landmark? For Historic Department Use only Not Applicable . . . . . . . . . • . . . . . [ oKH Plan Review Number Date Approved signature: Have you applied for a building permit? Yes [ j No .)C Has the Building Inspector refused a permit? Yes [j No [� All applications for a Variance which proposes achang in use,fnewsingle construction, reconstruction, alterations or expansion, _ or tworfamily dwellings, will rThatrprocess approved shouldsite completed(see priorSection to 4 7.3 of the Zoning ordinance) . Appeals. submitting this application to the Zoning Board of For Building Department Use only; Not Required. . . . . . . . . . . . . . . . . [ ) site Plan Review Number Date Approved Signature: The followings information must be submitted with the Petition at the time you of filing, without such information the Board of AppealsY request: Three (3) copies of the completed Application Form, each with original signatures. Five (5,) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, osurrounding roadways and the location of the existing improvements n the land. All proposed development activities, except single and two-family housing development, will require five (5) copies of a proposed improvements plan approved by the Site Plan Review committee. This of allplan must show the exatandctolon structuresProSeeea Contents improvemoftSited alterations on the land Plan:" Section 4-7.5 of the Zoning ordinance, for detail requirements. The petitioner may submit any additional supporting documents to assist the Board in making its determination. Date: June 5, 1998 Signature: vs Petitioner or Agents signature Peter L. Freeman, Esquire 86 Willow Street Phone: (508) 372-4700 Agent's Address: _Ut PQL rnA Q9f7r, Fax No.(508) 362-8281 r> i. 3 e=8506 Fecr 231 1'; 11 { OWE, GUNNAR P. GUSTAFSON and LINDA R: GUSTAFSON of Barnstable County, Massachusetts k"? in consideration of THREE HUNDRED FORTY THOUSAND and 00/100 ($340,000.00) DOLLARS paid i 5: grant to JEFFREY L. CARLSON and SUSAN M. FARIA, Husband and Wife as Tenants by the Entirety, both of 3095 Main Street, a, ); BArnstable, MA 02630 with OUITCLAIN COVENANTS The land together with all buildings there on situated on ; $ I� Route 6A in Barnstable, Barnstable county, Massachusetts, more j particularly described as follows: _ Being LOT I as described on a plan entitled "Subdivision Plan = of Land in Barnstable, MA Prepared for Gunnar 6 Linda Gustafson Scalet 1" - 40' DATE: July 30, 1986" Down Cape Engineering Civil Engineers Land Surveyors 926 Main Street, Yarmoaath; MA. f. Being a portion of the premises described in a.deed recorded with the Barnstable County Registry of Deeds in Book 4314, Page 298. Said premises are conveyed subject to and with the benefit of {: all easement, restrictions, rights of way, of record, or otherwise to the extent the same are now in force and Y. applicable. In addition and not in limitation of the foregoing, the premises are conveyed subject to a taking by the Town of Barnstable for the layout of Pine Street, recorded In Book 1513, Page 1074, and certain Preservation Restrictions recorded in Book 2124, Page 132-137. For title see deed recorded in Book 5310, Page 037. to 94 W C Gunn r P. Gusts e�6n a pftew ^�" Linda R. Gustafson W A Q COMMONWEALTH OF MASSACHUSETTS BARNSTABL3t 88 March 31, 1993 Then personally appeared the above named Gunnar P. Gustafson and Linda R. Gustafson and acknowledged the foregoinq instrument to be their free act and deed, before me, Notary pu 1 c A it m4ap�ct �s Du9 rri CA,M L� ,- My commission eapirest cl �� tl► „Dt�APR 193 • 1 BARNSTABLE CbUN`fY REGISTRY OF DEEDS A TRUE COPY,ATTEST j JOHN F I T�►y f } . r- I'1ZESERVATION RESTRICTION AGREEMENT CROCKER 'TAVERN BARNSTABLE, MASSACHUSETTS The parties to this Preservation Restriction Agreement ( "this Agreement") are the Society for the Preservation of New England Antiquities, a Massachusetts ritabl e 191poratin CambridgeaStreetving n address at the Harrison Gray Otis House Boston, Massachusetts 02114 ("SPNEA" ) and Gunner P. and Linda R. Gustafson, husband and wife , having an address at Main Street , -2630 Route 6A, Barnstable, Massachusetts nsOcalOedh"Owner'rein -)together with their heirs, successors , as 9 PRELIMINARY STATEMENT Owner is the owner in fee simple of property located in , Barnstable, M=ssachuset- ts subject to a first mortgage he in eld (bthe Cape Cod Cooperative Bank which Premises") consisting Tavern, oof 3 . 23 called , aandsbarn,, respecti two vely, located at the Crocker Tavern, ain Street and Pine Lane in Barnstable , the juncture of M Massachusetts, such premises constituting a Barnstable County, part of a larger 4 . 33 acpe arcel 0 July �30f land nd19861byeDown Capel in a Plan of Land ("the ) Engineering, and attached hereto as Exhibit A. SPNEA is a charitable corporation created nl1910naldRexempt . from income tax under Section . 501 (c) (ose , accept and enforce ' nue Code. It is authorized to create, "structure or site preservation restrictions to p y historicall significant for its architecture, archaeology, or other associations. . ." .pursuant • to Chapter 184 , sections 31-33 , of the Massachusetts General Laws. The buildings located upon the Premises , including the Crocker Tavern built in c.1754 , are historically significant •and worthy of preservation. 1 Owner and SPNEA recognize the historic, architectural, cultural, scenic, natural, and aesthetic value and significa ce of the Premises, and the building located thereon, and havecommon purpose of conserving and preserving the aforesaid value and significance of the Preesires to acceptmises .. To that ,�dthewner desires to following grant to SPNEA, and SPNEA d Preservation Restrictions pursuant to Mass . en. Laws . Ch . 184 , ss 31-33 (1969 as amended) , such erceding existing preservation resrisuchnscontained being subject Deed toy amendment and modification, premises preservation restrictions contained the Darnstable deed County Deeds, from SPNEA to Bruso, record Book 2124 , .Page 132. NOW, THEREFORE for good and valuable consideration, receipt of which is hereby acknowledged, Owner does hereby g and convey to SPNEA the follow Preservation Randrthelbuildings in perpetuity irk and to that certain real Property located thereon known as the Crocker- Tavern Premises . SPNEA and In delineation and furtherance of this Agreemnetion Owner agree to extinguish in their entirety by d.e and to preservation restrictions 1-12 as contained in the Deed , replace such restrictions by, insertion with the following preservation restrictions which SPNEA hereby imposes and Owner hereby accepts : 1. EXTERIOR RESTRICTIONS ON TILE CROCKER TAVERN PREMISES er Owner agrees that no construction, willalteration, or adverselyhaffect activity shall be undertaken the appearance or structural stability of certain exterior portions of the Crocker Tavern Premises as theynexistperm asions f the - of date of this Agreement without the prior SPNEA. Such exterior portions are as follows : he ' (a) the north facade and east and selevationoof thens of tellmain house; and the north fa cade and east house including but attached to east elevation ofnd e sash, cornices ,cornices , clapboards , not limited to doors, frames a lintels, cornerboards, windows, sills , and shingles'; (b) the massing and roof profile of the main house and ell addition; (c) the chimneys in their entirety; (d) the milestone marker afr the ont thereofs"PR30n1/2Ber f72h1/2C1 which has engraved on the 'shall not be moved, Cod" and on the side thereof "1754" , concealed, or adversely altered in any way; . 2 t elevation (e), the north facade and east and andsf-enestrationloftther entirety, massing , roof- profile , Darn; . and . et in its entirety - (f) the wood fence bordering on Main Stre 2. INTERIOR RESTRICTIONS ON TILE CROCKER TAVERN PREMISES Owner agrees that no construction, alteration, or any other activity shall be undertaken which willoflcertainter or aanterior affect ac t Y the appearance or structural stability portions of the Crocker Tavern Premisesras the nex'smission of por ti date of this Agreement without the prior SPNEA. Such interior portions are as follows: all woodwork of the first and second condf floor southwest ortheast and (a) and the, first and se northwest xooms , window rooms (being those rooms most distant from Pldoors , but not limited to posts , lintels , feces . including baseboards, paneling , and mantel p frames, moulding , all structural members , interior beams and posts , and (b) framing of the main house and ell addition; all fireplaces in their entirety in the northeast, (c) northwest and southwest rooms on the first and second oors of the main house. (d) existing cast iron stove located in the southeast roomon the first floor of the main house. , l ace configuration, voume and size of the s le) the existing P northeast, northwest and shouo the osubdivision or second floors of th ofmthe protecSe, with ted spaces or rooms expressly enlargement of any prohibited; • materials, architectural elements , and (g) all protected rotected features on both the first and arrangements of the p paragraph shall not `be second floors as ideent .ddenfiedl l from view. enclosed, covered, or hi 3. EXCEPTIONS . purposes of these restrictions , redecorating or For the p P prior work, identified below shall retuiringltheep refurbishing alteration, or remodelling 9 express construction, written permission of SPNEA subject to the following limitations: 3 (a) interior and exterior painting of currently or previously painted wood surfaces or plaster and interior and exterior staining of currently or p.rpviously stained woo (b) int-erior wallpapering provided such wallpapering shall not damage or destroy protected woodwork; (c) interior plastering for the purpose of maintaining or replacing existing plaster provided such plastering shall not damage or destroy protected woodwork ; (d) electrical re-wiring provided that in lighting any manner or sockets are imbedded in or protected woodwork; (e) replacement- of plumbing provided that the installation of- new plumbing shall not damage or destroy k;txuctural integrity,, or protected woodwork; (f) replacement of glass provided that such replacement shall not damage or destroy protected wood (g) removal of the shed to the -south south the oe mainthe maonshouse removal of the deck located a and/or removal of the duck boarding located at the front the ell addition, entrance of . (h) installation of rovidedow and thatdoor suchcinstallations storm shall not ' doors windows and P damage, or destroy protected features . Any and all, redecorating or refurbishing work which may adversely affect, either temporarily or permanently, protected features as identified in paragraphs 1 and 2 above shall require the prior -written permission of SPNEA. 4. REMOVAL. No portion of the main house, ell addition, or barn shall be moved from its present location unless such removal is required by a taking by eminent domain. 5. CONDEMNATION. Pursuant to Mass. General Laws Chapter- 79 section SA, if the Premises, or any substantial portion thereof, including the Crocker Tavern, shall be completely eminent domain, SPNEA shall have the right to enter its name as an additional party in eminent domain. proceedingsof for thethe e purpose of representing its interests as t he beneficiary restrictions. 4 6 . ADDITIONS. No additions shall be erected which are attached' to those protected elevations and facade of the main house and ell as identified in Paragraph 1 . Ip the event an addition is erected to the south -of the main house, it shall be of a massing and exterior zppearance compatible with the Crocker Tavern, with the height not to exceed the height of the ridgepole of the roof of the ell. 7. ADDITIONAL STRUCTURES. There may be erected on the Premises not more than two one-story buildings for uses ancillary to the house, ell, and barn, each covering not more than 500 square feet. Such ancillary structures shall be set back from Main Street at least the same distance as the north facade of the barn, shall be of an exterior style compatible with the house, and are subject to the owner consulting in advance with. SPNEA as to both design and siting. B . TIRE EX1T.S, No additional avenues of egress out of the Crocker Tavern which would affect protected exterior features as identified in Paragra-oh 1 above shall be constructed unless such egress is require l be undertakenfully ly with withoutathe;cable fire prior• writtendes . No construction shal permission of SPNEA. 9. SIGNS/UTILI'1'IES. No signs,* billboards, advertising displays, above ground utility poles , antennas exceeding six feet in height, satellite dishes, or towers shall be placed on, p onto, or affixed to the Crocker Tavern, barn, or on the Promriate except that Owner may erect a sign or marker which is app p to identifying the historical significance and associations of the property - or a specific permitted use of the Property as identified In' Paragraph 15 below- subject to prior written permission and design approval from SPNEA. 10 . SUBDIVISION. The Crocker Tavern Premises, comprising or 3 . 23 acres, shall not be further subdivided for provided that this peraTavernsorlBarn not for uses be epermittedd to lbytthis leasing of the Crock Preservation' Restriction. 11. TAXES. Owner shall pay on or before due date all general' taxes, special chars and,otherlal chargesswhichsmayater becomeaagliensonethe service charges,, Premises . 5 L 12. INSURANCE. Owner, at its expense, shall carry and maintain at all times : (a) casualty insurance under a policy issued by an insurance company rated "AA" or better by Best ' s for the replacement value of the Premises against damage resulting from fire , windstorm, vandalism, explosion, and other such hazards . The policy shall name SPNEA as an additional insured party, and shall provide for the sending of any and all notices of cancellation by the insurer to SPNEA. In the event of an insured loss or casualty, SPNEA will participate in the adjustment of such loss , but -after an agreement is reached between the Owner and SPNEA pursuant- to Paragraph 12 , SPNEA will assign its interest- in any such proceeds to the Owner . Owner shall promptly provide copies of the insurance policy required by this paragraph and all supplements .or endorsements thereto to SPNEA; and (b) comprehensive public liability insurance under • a policy issued by an• insurance company rated "AA" or better -by Best ' s with coverage per person per occurence of not -less than One Million Dollars . The. policy shall name SPNEA -a's -an additional insured party, and shall provide for the sending of any and all notices of cancellation by the insurer to SPNEA. Owner shall promptly provide copies of the insurance policy required by this paragraph and all supplemeht-s or endorsements thereto to SPNEA. 13. CASUALTY DAHAGE. The foregoing notwithstanding, in the event of damage to. the Crocker :Tavern or any 'substantial portion thereof resulting from casualty — defined for the purposes of this instrument as such. hidden damage or loss which would qualify for a loss deduction pursuant to Section 165 (c) (3) of the Internal Revenue Code (construed without regard to the legal %status, trade, or business of the Owner or any applicable dollar limitations) -- which is of such magnitude and extent as to render repairs to or reconstruction of the Crocker Tavern or Barn using the same materials or same design unreasonably expensive as determined jointly by SPNEA and Owner after the application of any awarded damages, insurance proceeds and donations , then in such case: 6 in decline to either rebuild or restore the (a) the Owner Y Crocker Tavern and allow Sf. cchoosing enter andonto removing into any the Premises for the purpose o protected salvageable portion of exterior and interior proror which features of the CrOlfairTavern markettvaluehey uaslevidenced by an SPNEA will pay currentportions or all of this executed Bill of Sale; upon which pno further Preservation Restriction shall lahallaedxecutefand deliver to force and effect, whereby SPNEA s t which owne r acknowledged evidence of such fac.stry ofsDeeds , o be rhall also recorded with the Barnstable County Reg (b) the Owner may elect to reconstruct an appropriate ' replacement of the Crocker Tavern on he Premises proceedswith other rep materials using awarded damages , insurance Owner on account of such donations but other otherwise , ateitsvowned bexpense , subject to design casualty, • approval by SPNEA. joint seek other In the event Owner and ShNthea�wner unable and SPNEF,amaya • bed :in determination, either or bot remediable action in accordance with those remedies descri Paragraph 1.9 of this Ag reeme art SPNEF. in In the event that the r deS`royedeowner shall notify pSPNEA thereof shall be damageddao of the damageor destruction , writing within two (2) emergency work has already notification including what, if any, been undertaken. all 14. LAN DSCAPING/TOPOGRAPIfICAL CHANGES• eOwinrasmanneranot . the landscape 'of the Crockereservation Tavern eofs the Agreement,Premises ' ruraland ensure inconsistent with the p appearance as exists on the date of arise that the Owner may • at dangerous conditions which maunderstood the Premises are that 9 e t eliminated or minimized; it being of the premises sb7lan undertake in the tune a relandscaping alavfsSPNEAgas to the landscapep to the prior written and design;' osi.t SO loam, rock or mineral resremoved thenPremiseseand no No dredged or or shall be excavated, debris, waste or other unsightlylaced, soil, refuse, trash; e p aragraph shall not be offensive substance °reaathereon. Thisatsoeper shall installation of • .filled, stored or dump a septic system deemed to restrict activities ervingothe tPremises; a p • rable to underground utility line serving the Premises; or activities neceasnar�oathe maintenance of the. use of the Crocker Tavern and Barn , ciated with the Crocker Tavern lawn and garden areas asso Premises . 7 Pursuant to Massachusetts General Laws chapter 131 section 40, as well as Article XXVII of the Town of Barnstable By-Laws , the Premises are subject to an .conservation easement imposed by the Barnstable Conserv ation Commission by an Order issued ' on August 7 , 1986 . The restricted area is depicted as lot 1 of the Plan (Exhibit A) . 15: uSE. Owner shall not permit any activities to be carried on , in, or around the Premises that are unlawful, constitute an nuisance or any other activity which in the reasonable opinion- of SPNEA would detract from the historical significance of the Crocker Tavern or Barn and surrounding landscape. Specifically, and without limiting the generality of the foregoing , Owner agrees that the Crocker 'Tavern may be used solely for residential, home office, museum, charitable, and certain limited commercial purposes including a lodging house, consi.sten't with the intent of this _ Preservation andRestriction, maysbe maybe used as andetermined in the future .as need Antique Shop, with the ongoing obligation to comply with Paragraphs 1 and 2 as they apply. The term limited commercial purposes" shall be deemed to specifically exclude, without limitation, restaurants , gas stations, mot-els , . liquor stores , bars , lounges , grocery stores, the sale of 'automotive parts and accessories, trailer parks , farm implement sales , convenience stores, video game rooms , pool halls, bowling alleys and theaters,. and any use or activity not permitted under applicable ` law. This listing is to rovideed te a limitedxlistive or of thosehusesive, but is intended only P which are clearly not consistent with the intent of this Preservation Restriction and are therefore not permitted . 16. MAINTENANCE/COST Or MAINTENANCE•'. Owner covenants on behalf, of itself, its successors -and assigns, at all times to maintain. the Premises in a good and sound state repair featu.�es as identified deterioration or destruction o protected in paragraphs l . aad hbl3eabovebject thisto the obligationatoy damage maintain provisions of. par gra p shall require that replacement; rebuilding , repair, and reconstruction of' protect-ed features be done in accordance with the Secretary of the Inme�iine ' toStimeards or infor theRehabilitation alternative� as they may be amended from acceptable with the prior written approval of SPNEA of a mutually P rehabilitation plan, to ensure that the protected features of the as exterior and interior of the Crocker ern or Barnance andidentified . .in paragraphs 1 and 2 above retain theirPP structural stability as exist on the date "of this Agreement. 8 Owner shall assume the total cost Of continued maintenance, avern repairs, and administrationrtecterchitectural of the ker andThistoricemises so features ,as to preserve the protected materials, appearance, and workmanship. Owner covenants it shall idemnify and hold SPNEA harmless for any e financial Nothing herein shall prohibit theownefromoanysources available assistance for the foregoing purposes to • it. 17. INDEMNIFICATION. Owner shall idemnify anhold SPNof armless for any liability, costs, attorneys ' fees , judgements to SPNEA or any officer, employee, agent, or independent contractor of SPNEA iesuaris ngng rom fromctions owner ' sr claims of violation of these nature by 'third parties . ing Of the preservation restrictions , or ar sunderuths Agreementyaexcepting possession, or exercise of rights ence of SPNEA. any such matters arising solely from the neglig. n Premises at 18. INSPECTION. SPNEA may inspect the Crocker Taver least annually to ensure that the Owner is in compliance with the reservation restrictions hereby imposed: Owner agrees to grant P ' the Crocker SPNEA free access to all areas of the Premislaced . Such Tavern and Barn upon which restrictons are p after ,inspections shall be mae� aThisarightlofhurs an inspectionnshall be prior notice to the Own • or assignable by SPNEA to any governmental qualified non profit entity whose purposes include p or sites of historic significance. The fail e��od°fofp time , to exercise ..this right of inspection for any p however, shall under no circumstances be construed as a waiver of such right.-,.' 19. ENFORCEMENT. In the event that SPNEA, upon inspection of the Premises finds a violation of the duty to preserve the Premises, SPNEA shall in writing -including the Crocker Tavern apd Barn, ether- with a notify • the Owner of such violation, tog be cured . Such notice recommendation as to how the violation may periode time in which such shall. also inform the Owner timehperiod must be such as to violation must be cured, -nt Owner afford a reasonable time to cure. Inorhe evleng% c f time in either the existence of a violate and if - which to remedy it, he/she shall notify SPNEA in writing , agree, either party shall have the right to the parties cannot y days by ' submit the matter to arbitration within n3said thirty day sending written notice to the other party other party to name an arbiter and requesting days from the period naming art shall have thirty (30) Y an arbiter. The other partyit of such notice to name a second ls�biasy%period , s the lfirst receipt ' to name a second arbiter within such thirty party shall be entitled to namhetotherctwo arbiterond arbiter s withindthirty arbiter shall be selected by l (30) days after the naming of the second arbiter. The three 9 I c arbiters shall conclude the arbitratio6' within- 120 days of the date on which the third arbiter named . A decision by a majority of the .arbiters shall control. Arbitration shall be the sole and exclusive remedy of the parties with respect- to disagreements over the existence of a violation or the length of time in which to cure such violation. In the event- the Owner does not ,comply with SPNEA ' s or the arbiters ' recommendation within the stated period, - SPNEA shall send a formal notice of default, and record suchnotice with the Barnstable County Registry of Deeds . The recording of said notice shall be conclusive evidence of SPNEA s right to enter upon isi the of Property to make repairs identified pursuant- to She p oma enter the foregoing paragraph . After such recording , Y upon and into the Premises and the Crocker Tavern and Barn and effect the repairs , replacements or other work necessary to cure the violation. SPNEA shall perform only such repairs , replacements or other work as is reasonably necessary to preserve the protected eaanures suchf the work donelatsaand shall reasonablese its best cost. Upon efforts to havey completion of repairs or other work, SPNEA shall notify the Owner in writing of the amount due and shall record such notice with the Barnstable County Registry of Deeds . If, Owner does not pay SPNEA within thirty (30) days after the date of such notice , 45 days after the date of such notice, SPNEA may, forty-five ( ) Y record a notice of lien on the Property with the Barnstable en County Registry of Deeds . 'These costs costs . cThis llien ?tute atolwhich until SPNEA is repaid in full for Owner hereby agrees in advance to be subject, shall be for ointerest amount of the cost of repairs or other work, P to unpaid e e ua1 to the Prime Rate c aid balance 9 al rate on the unpaid . at an annual i, of Interest. •then in effect at the First National Bank of Boston , or any successor institution and the costs of enforcement including without limitation any reasonable attorneys ' fees and y court costs incurred b SPNEA in connection with any actions taken by SPNEA pursuant to this paragraph 19 to secure payment i-n full. Any lien which may arise pursuant to this paragraph 19 shall be subject and subordinate to an existing first mortgage of record to the . extent of the principal amount stated, in such mortgage as- being secured y The exercise by SPNEA of one remedy hereunder eruner shall rnot have the effect of waiving or limiting any of p y and the failure to exercise any remedy shall not havedy the effect of waiving or limiting the use of y other remsuch remedy at any- other time. This right of enforcement- shall be • as provided by this paragraph and 32 aspursuant maytbeMamendedsL•rom etts General Laws Chapter 184 , Sect-ion time to time. 10 insert hall 20, INSERTION IN SUBSEQUENT INS'1'RUrestricOwner ions , sstipulationsoand cause to be inserted verbatim all covenants contained and in this decreevandoshall `insertnan�express subsequent deed Prob reference hereto in any other legal instrument- by which it divests itself of either the fee simple title "to or any lesser estate in the PremiiesConcurrently, Owner shall ngivenwritteng into any such deed or other gal notice to SPNEA of same. 21. WRITTEN ACCEPTANCE Before taking legal possession of the Premises or any portion thereof, each new Owner of the Premises of these preservation restrictions indicate his acceptance shall shall • cce tance b a letter to SPNEA. Such a , p ned herein y condition , contained good c n o and i maintain at all times 9 include a promise to rr - and the significant historical,. architectu rat scenic, environmental characteristics of the Property covered by these restrictions . 22. WRITTEN PERMISSION. SPNEA may grant permission for .-any construction , alteration, addition, removal or any other use or activity by Owner which is restricted by any provision of this Preservation Restriction. Written permission from SPNEA for any construction, alteration, addition,on, r remll oval shall not beform unreasonably witheld or delayed one or more of the President, executed and acknowledged by any Treasurer, Director, or such under ot--hercer otitlesCeThe rs wfailure sbyceed to their responsibilities u6U)rdays of its receipt of any SPNEA to act within sixty completely documented written request- for SPNEA permission be deme required under this Preser�e tuestRionelnrsuchoeventstictin 11SPNEAeshallto be approval of the entire q issue a certificate of approval in recordable form as described above upon Owner' s of alterationssoron as to additionsr,eshallration or under no addition, or group of al circumstances be construed to waive the requirement for permission for subsequent alterations or additions. 23. NOTICES. Any notice, reuuest, demand, consent,hereto may berequi or.ed to other communication which either party give to the other party pursuant tnd shall. be deemed duly o this Preservation Restriction, shall be in writing a delivered if mailed postage prepaid by registered re certified-- if to •% mail with return receipt requesteda Rr Gustafson,deliv Main Street , Owner, then to , (Gunner P. and . Route 6A, Barnstable, ip SPNEA 301 and 1411Cambridge SPNEA, Street, tBoston , "Director of Stewardship, ' chan a its address set forth Massachusetts 02119 . Each party may 9 herein by a notice to such effect to the other.,party . to 24 . RESTRICTIONS RUN WITH THE Dh 21 tabovetathenburdenhofgthe the contrary contained in. p 9 P 11 , ute preservation restricitons shall constit-and a bindall be9bindinguupon shall run With the land in perpetuity, all future Owners, successors and assigns of any interest- therein. 25. ASSIGNMENT. All of the rights and restrictions enforceable by SPNEA bntSPNEAhis forPreservation preservationRpurposesoonlyall b to and without assignableable yty consideration to any governmental In�ernalbody Repenue any Codelof 1959rased• in Section 170 (b) (1) (A) of t amended whose purposes include preservation of structureesuor sites of historic or architectural significance in. pe p y • 26. MORTGAGEE ASSENT. In order to bind Cape Cod Cooperative Bank , mortagagee who shall have an interest in the Premises as of the date of this Agreement to the terms of this Preservation Restriction should . this mortgagee exercise its right to foreclose on the mortgaged property, attached hereto ahibit (B) and made a part hereof is a fully executedmortgagee Assehis 27. MISCELLANEOUS. The foenessngint-erpret-at-ion•,rovisions in *tared duration of shall govern the effects , this Preservation Restriction: •(a) This Preservation Restriction Agreement is executed in three (3) originals, each page of which (including exhibits) has been initialed by Owner and SPNEA for purposes of identification . In the event of any disparity between counterpart Produced,One the c recorded counterpart shall in all governs' al shall .be retained each by the Owner, and SPNEA, and the other original shill be reco rded and may be returned to SPNEA. • (b) With respect to matiers havenot thecovered right to operate Pre and vuseothe Restriction, owner steal -Premises in such manner as he/she determines provided that such operation and use is n of inconsistent with the intent of this Preservation Restriction and allowed by zoning regulations and Town of Barnstable By-Laws . (c) This Preservation Restriction shall extend to and be binding upon the Owner and all persons word hereafter reaf when used mherein dshall through Owner, and the include all such persons, whether or not such persons have now or then an .interest in the Premises . cker (d) For purposes of furthering the furthering presf the ervation purposes Tavern, Barn,' and Premises and ofof furthering this Preservati Restriction, and o meet changing conditions, terms conditions, -Owner and SPNEA are free to amend jointly of this Preservation Restriction in writing without notice to any party, and such amendment shall become effective upon recording at the Barnstable County Registry of Deeds. 12 to e) Z'tiis Preservation Reria is made pursuant Chpter1 , Sections31-33 but th.e ;Jassachusetts General Laws , art thereof shall not affect invalidity of such statute or any, p llle validity and enforceal�iliL-y of this Preservation Restriction according to its terms, it being the intent of the parties to agree and to bind themselves , their sPors YceervationdR their est•ricitongns in perpetuity to each clause of this whether it be enforceable by reason timeortatuany timeon-law or private agreement either in existencebe re subsequent hereto. This PreservationsonifRthereffect. Ofysuch re- ' recorded at any time by any .P of this recording' is tp make more certain any l,hereofed'1'hel invalidity or Preservation Restriction °ovision of this Preservation unenforceability of any p Restriction shall not affect the validity alidiPreservatio yof thiRestrictionaorlany ity ° any other provisiiementarysagreement relating to the subject ancillary or supp matter herein. f) Nothing contained here in shalldbnanceeorrregulationeted. to t relating horize r permit the Owner to violate any or or use . In th•e event , to building materials , construction methods re ulation and the terms of any conflict between any ordinance writing of such , ,.. .hereof, Owner shall promptly notify rO ria to conflict and shall 'coopeea�hewlurposesAofn both ethis Preservation au t-hori ties. to accomoda t P Restriction and such ordinance or regulation. 13 ' i Ot��K I r J p SIR- o.t tIC X d _ �VIVx C. 7 7 'i � I►j~;�^ _ lug"�-b� �4',�i l Crocker Tavcrn Bed and Breakfast- circa. 1754 �� 5� \ 00 IJ Ica o a Y i \, a\A X 3 Fill Y � QCJ.Yvo�r. � eJ.�coa� ICI - �` Crockcr Tavern Bed and Breakfast circa. 1754 - . : The Town of Barnstable • A= • MM& ,� Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner TO: Emmett F. Glynn, Chairman, Zoning Board Of Appeals FROM: Ralph M.Crossen, Building Commissioner SUBJECT: Re: SPR-036-98 Crocker Tavern, 3095 Main Street, Barnstable (279/038.001) Proposal:To legitimize the existing B&B for 6 rooms, up to 12 guests. DATE: May 18, 1998 The above referenced site plan has been reviewed and approved for purposes of referral to the Zoning Board Of Appeals. Attached please find a copy of the letter of approval and meeting notes for your files. The Town of �arstable Department of Health Safety and Environmental Services ° HAMSTM`MAK uildi w}sip> � . Pg.. , A o Via` 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 18, 1998 Attorney Peter Freeman 86 Willow Street Yarmouth Port, MA 02675 Re: SPR-036-98 Crocker Tavern, 3095 Main Street, Barnstable (279/038.001) Proposal: To legitimize the existing B&B for 6 rooms, up to 12 gue"J Is Dear Mr. Freeman, - The above rt-ferenced proposal was reviewed at the Site Plan Review Staff Meeting of May 14, 1998 and approved under Section 4-7.4 (2) of the Barnstable Zoning Ordinance and forwarded to the Zoning Board of Appeals with the following conditions: • Applicant to discuss zoning relief prior to application to Zoning Boaxd of Appeals. • Clarify easement. Please be informed that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Also, all signage must be discussed with Gloria Urenas of this Division. Should you have any questions, please feel free to call. e ectfull R sp y, Ralph Crossen Building Commissioner SPR Meeting Notes 05/14/98 Site Plan Review Meeting of May 14, 1998 Hearing Room, 2nd floor Barnstable Town Hall 367 Main Street, Hyannis Present: Ralph M. Crossen, Building Commissioner, Thomas J. Marcello, Project Engineer, Alan Twarog, Associate Planner, Thomas McKean, Health Division Director, Lt. Donald Chase, Hyannis Fire Dept., and Anna Brigham, Site Plan Review Coordinator. Also in attendance were: Steve McCarthy and Jim Smith,New England Design,for Dunkin Donuts. Mary Florio and Brenda Cohen for Living Waters Informal. Attorney Peter Freeman, Sue Faria and Jeffrey Carlson for Crocker Tavern. Meeting was called to order at 9:00 AM. Adjourned at 10:30 AM. SPR-036-98 Crocker Tavern,3095 Main Street, Barnstable(279/038.001) • Proposal: To legitimize the existing B&B for 6 rooms,up to 12 guests. There are no proposed changes. Attorney Freeman presented the proposal. Owners have licenses for food service and lodging. Bought operation in 1993. Barn in good condition. Building under deed restriction under SPNEA(Society for Preservation of New England Antiquities)to maintain. Drainage adequate. 8 parking spaces,but ability for 9 spaces if owners park in tandem. • Health stated building connected to sewer. No storage tanks on site. Only issues would be interior which will be addressed later. • Planning addressed use of the barn. Attorney Freeman stated it is used for storage and owner has small woodworking area. No retail use. Attorney Freeman stated operation has had 6 rooms since 1993. Requires ZBA action. These actions were discussed. Attorney Freeman described possible Special Permit and Variance actions. • Engineering had no comments. Drainage appears adequate. Attorney Freeman stated the Applicants Engineer deemed there were no problems with drainage. Parking area is gravel. • Building Commissioner discussed the Conservation easement line shown on plan. • Attorney Freeman described lot#2 being a separate lot with a foundation. • Building Commissioner addressed ditch shown on plan. Addressed foundation straddling lot line. Attorney Freeman stated its an old stone foundation. Lot lines are fairly new. Its interesting as to why the lot line goes through the foundation. Commissioner addressed ditch with culvert. Drainage is flowing from wetlands outward. Attorney Freeman was unsure if the situation is described on the deed. • Planning discussed previous Special Permit granted in 1988 which required 9 spaces. • Commissioner believes the 9 spaces were required due to the retail use within the barn. Discussed zoning relief needed and abandonment of retail use. Commissioner suggested the easement issue be clarified prior to ZBA meeting. Commissioner addressed HP accessibility. Applicant stated the first floor has a bedroom which has been occupied by an HP person in the past,but bathroom does not meet HP code requirement. Applicant stated any renovations would violate historic deed restrictions. Commissioner stated there are building code issues which will be addressed after ZBA. • Health addressed any cesspools on site. Applicant is unsure. Cesspools will be filled in if found. • APPROVED 71 NUMBER FEE 22 THE COMMONWEALTH OF MASSACHUSETTS $75.00 TOWN OF BARNSTABLE Jeffrey Carlson/Susan Faria d/b/a Crocker Tavern B & B Thisis to Certify that.................................................................................................................................................................................... 3095 Main Street , Barnstable I MA ............................................................................................................................................................................................................................ IS HEREBY GRANTED A LODGING HOUSE LICENSE in said..........................................Barnstable.... A. .. ...... ...............and at that place only and expires December thirty-first 1998 unless sooner suspended or revoked for violation of the laws of the Commonwealth respecting the licensing of common victuallers. This license is issued in conformity with the authority granted to the licensing authorities by General Laws,Chapter 140,and amendments thereto. Limited to six (6) lodgers. In Testimony Whereof, the undersigned have.hereunto affixed their official signatures. ....................... Licensing Authorities .................... ....... .................. December 31, 1997 THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE UPON THE PREMISES. FEES RETAIL FOOD STORE: FOOD SERVICE ESTABLISHMENT RESIDENTIAL KITCHEN FOR RETAIL SALE SEATING: RESIDENTIAL KITCHEN FOR BED+BREAKFAST $45.00 MOBILE FOOD UNIT: ANNUAL: YES TOBACCO SALES: SEASONAL: CATERER: TEMPORARY: FROZEN DESSERT: ....:� aa MILK: -1��1 TOWN OF 8ARNSTA13LE > s PERMIT. OPERATE A FOOD ESTABLISHMENT e < lgg A w1W a r ' p ?. PERMIT NO: "8 " � 12 JANUARY 1, 1998 aI �- . In accordance with regulations promulgatedunder authority of Chapter 94, R` Section 395A and,Chapter 1' kSecti; 1-1i f he General Laws,'a permit is hereby granted to: ' JEFF CARLSON AND SUSAN FARIA D/B/A: CROCKER TAVERN ..t Whose place of business is -3095 MAIN STREET.r,.6aRNSTABLE, VIA 02630 Type of business and any;restr ctlons: BED AND BREAKFAST ESTABLISHMENT Too erate a food establishmentt n the: TOW OF BARNSTABLE, p 'Y 9 Permit expires: December 31, 1998 '`` h F BOARD OF HEALTH Susan G. Rask, R.S.,Chairperson Ralph A.Murphy, M.D. RESTRICTIONS IF ANY: Sumner Kaufman,M.S.P Thomas A. McKean, RS, CHO Director of Public Health Comcmcoubmeaftb of J.ac.5.5arbu.5ett. TOWN OF BARNSTABLE In accordance with the Massachusetts State Building Code, Section 108.5, this CERTIFICATE OF INSPECTION is issued to JEFFREY CARLSON 3 QCertifp that I have inspected the premises known as. CROCKER TAVERN BED 8t BREAKFAST located at 2800 MAIN STREET in the Village of BARNSTABLE County of Barnstable Commonwealth ofMassachuetts. The means of egress are sufficient for the following number of persons: Use Group Construction Type Location Capacity R1 LODGERS 6 (5 LODGING ROOMS) 27941 1/13/98 1/13/99 Certificate Number Date Certificate Issued: Date Certificate Expired: The building official shall be notified within (10)days of any changes in the above information Building Official o 4L �I .P/774���1 i f J7D,J V� r y .r -qw h eo (Not• TOWN CLERK AR'dST, '..F. MASS. TOWN OF BARNSTABL6 NOV -5 PH12 oa Board of Appeals GEORGE»,EEx1 4c HnM_M. OWEVS Petitioner Appeal No. — FACTS and DECISION Petitioner filed petition on J uz._.,L8 19 76 , requesting a ermit for premises at MMAI ,A,„.._».._»..W.. :„.„ .„.„».„„.._..„..„. Street, in the village of _._$ �l �t �„» _„„„„., adjoining premises of. „.l Q. !hed UjLt for the purpose of Locus is presently zoned in Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and Cape Cod News & by publishing in Barnstable Patriot newspapers 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 ..„». A. .» „ .... P.M. .......S.fiR WDi r..1.`a.»._M ..»»».„»».._ 19 i 6 , upon said petition under zoning by-laws. Present at the hearing were the following members. Joseph A. Williams —a Mary Ann B. Strayer Gail Nightingale „....„......„.....».„...._.„„„».....„»„„. Chairman „»„„...„„„„„..�....„..„..„........„....»_.»..._..........._.._ »......„„.».».„„.„.„..„»»..„.„„„.„„„„.„„......„. At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was had by the Board. On Novemb®r ._._ .___. _ _ .�.M w... 19 2-6 , the Board of Appeals found Th:3 setitioners, George E. & Helen M. Owens, have appealed to the Hoard of Appeals and petition for a special permit to allow reestablishment of non-oonforming use and change of non.-conforming use to residence and antique shop at Main Street, Barnstable in an RD-3 Zoning District, Attorney Stephen C. Jones of Hyannis represented Petitioners. Petitioners seek to reinstate a non-oonforn ng use paying house tours operation which was operated at this locus for many years by the Society for the Preservation of New bland Antiquities until their sale of lama to present owner, Mr. Bxuio. At the time of the sale, the Society imposed restrictions as to work and restor- ation which can be done at locus due to its historic and architectural value. As a result of these restrictions and the deteriorating condition of locus, the house would requir3 extensive restoration costing at least �50,0009 which. expenditure 2etitioners are willing to incur. Petitioners seek to ohange this house tour: use to an antique shop use to be located in the barn and to restore the house for use as a residence for Petitioners. This will not be =rs detrtn-ntal to the area than house tours, nor will it be in derogation of tie by-law, sag if restoration is not. starter soon, this historic landmark will deteriorate beyond repair and hav3 to be razed. The -%.erd found that it was empowered under provision of Section PA5 of the Barnstable Zoning By-Law as revised April 2, 1975g to reinstate the non-confox-TAing use paying; house tours and, under provision of Section PA6 of the by-law to ehznge this use to that of an antique shop. However, in order to protect the neighborhood from any detriment, the Board found it necessary to impose the follow+ling oontutions and restrictionst 1) The locus stall never be subdivided. 2) All conditions and restrictions of the deed from the Society for the Preservation, of New England Antiquities shall be mr-t. 3) The antique shop operation shall be limited to the barn alone and for all time to the barn alone with no exterior display of merohandize. 4) There shall cease to be paying house tours at locus on a commercial basis, although periodic tours may be conducted in conjunction with recognized non-profit organizations. 5) Off-street parking shall be provided for fourteen care in.suoh a manner that cars at no time have to back into Route.'6A. This parking shall be gravel, not paved with an impervious surface. 6) This permit shall be good for three years from time of recording with the Toem Cl-nrk at the end of which time. period Petitioner must show Distribution: Board of Appeals Town Clerk Town of Barnstable Applicant Persons interested Building Inspector Public Information By _. _....._-----------.---__..._........................... Board of Appeals C ' man `�. BOARD OF APPEALS AMIL zb3v' e r�r Facts & Decision - Appeal No. 1976-54 - Page 2 6) substantial completion . of the restoration of the house in accordance with specifications annexed to this decision and submitted by Petitioners (see affidavit). If such restoration has not been substantially completed, this permit for operation of an antique shop as .restrieted, shall be revoked. If the property is transferred during this period, this same restriction shall apply to any subsequent owner. 7) There shall be no more than one sign, which sign shall be no larger than three (3) square feet. Therefore, with the aforementioned conditions and restrictions, ,.rhich the Board has deterimined are necessary to assure that the granting of the special permit will not be a detriment to the area involved or in derogation of the To:-m of Barnstable Zoning By-Law; and with the further caveat that the retitionArs must obviously comply with all state and local laws and regulations voluntarily or involunatrily iimaosed; the Board voted unanimously to grant this special permit for change of non-conforming house tours to antique shop. Board of A-ooeals Totirn of Bar^_�stable Sy C' finnan Distributions — Town Clirk Applicant Persons interested Building Inspector Public Information Board of Appeals TOWN OF BARNSTABLE ,g0 jUL _2 W1 Od Board of Appeals .Brian.,....Ber-nard....&....Eue1Xn...Ehlers............_.--- Deed duly recorded in the Property Owner County Registry of Deeds in Book Brian, Bernard & Evelyn Page Ehlers _ Registry _......._.....__..-._.._.._..........._.._...._.__.........__ __. .._.._. ..-...... -__...._...._ _, _......_....._..__..._.....__....._..._.. Petitioner District of the Land Court Certificate No. Appeal No. 1980-39 June 30 _-_ 1980 FACTS and DECISION Petitioner Brian, Bernard & Evelyn Ehlers filed petition on _ y._12_ _ 19 80 __.. . _-._ __ . _. ..._..__ _-_ N-......... .__._ , requesting a variance-permit for premises at Route _6A __ (Main1 Street, in the village Barnstable , adjoining premises of (see attached list for the purpose of - Special-Permit to allow sale of antiquesfrom existingbarn. Residence F-2 Locus is presently zoned in.........._ -...._._.. ____.-._..__._..._..........._ Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and Barnstable Patriot & by publishing in Cape Cod News 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 P.M. ...... __. upon said petition under zoning by-laws. Present at the hearing were the following members: Richard ....... Y....._. M ._____ _....._.._...____._...__.__....._._..__..--...-_ _ __...__.._.......... ___._... _ _-- Chairman At the conclusion of the hearing, t..e Board took said petition under advis- ..ent. A view of the lni;us was had by the Board. Appeal No Page _ _....�.. ..._ of _..... ....._..._. On ._.__ une_19—_-_ _,,,,_,....... 19 The Board of Appeals found Atty. Michael Princi represented the petitioners who are seeking a special permit to allow a retail antique shop use in an existing barn at the former Crocker Tavern property on route 6A, Barnstable Village in a residence F-2 zoned district. Atty. Princi. explained that originally the, Crocker.,Tav_eracomadaed__th9s__ .ursoils using the court house and was subsequently opened to the public for historic tours. The Society for the Preservation of New England Antiquities owned this property and conducted tours from 1927 through 1974. The property was then sold to the Owens who were granted permission (Appeal No. 1976-54) to conduct a retail antique shop in the barn. The Ehlers purchased this property from the Owens in 1979 and would like to continue the antique shop use. This property has historic significance which relates to the Ehlers by way of their ancestors who originally owned this property and it is now the petitioners year-round residence. They are upgrading the property by renovating the house and landscaping, and are experienced in the antique business. The land comprises more than four acres and a minimum of nine, on-site parking spaces can be provided for the antique shop use. The petitioners are agreeable to providing more parking spaces if the Board so desires. Atty. Princi asked that the petition be approved inasmuch as the prior use is the same use being requested by the Ehlers and allowing the sale of antiques from the barn would not be detrimental to the neighborhood nor in derogation of the spirit and intent of the zoning by-laws. The Board found that a special permit (Appeal No. 1976-54) was granted to the previous owners of the property under consideration, and that this special permit was conditioned by the imposition of seven restrictions. The Board found that it may modify the previous appeal- and restrictions under Sec. 14 of Chapter 40A, M.G.L. and finds that imposing the restrictions under Appeal No. 1976-54 would create an unreasonable hard- ship on the present owners of the property, the Ehlers. Therefore, the Board voted unanimously to modify Appeal No. 1976-54 by deleting restrictions 1) through 7) and imposing the following: 1. The petitioners shall provide nine, on-site parking spaces to accomodate the antique shop use. I, _... L� n _ SS i Clerk of the Town of Barnstable Barnstable County, Massachusetts, hereby certify that twenty-one (21) 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. Signedand Sealed this :..�"�4............ day of .................. .................................... 19 _:?:L....... .... under the pains and penalties of perjury. Distribution:— Property Owner ......................................_..... ............................_........_................................._. .... . ........... Town Clerk Board of Appeals Applicant Town of le Persons interested Building Inspector Public Inlurmation fly ................. ... . ............. ._......................... .................. Board of Appeals Cl►airman TOWN OF BARNSTABLE ZONING BOARD OF APPEALS SPECIAL PERMIT PETITION: 1988-76 S PETITIONER: GUNNAR P. & LINDA R. GUSTAFSON At a regularly scheduled hearing, held on September 8, 1988, notice of which was duly published in the Barnstable Patriot, and notice of which was forwarded to all interested parties pursuant - to Chapt@r 40A of the General Laws of Massachusetts , the petitioners , Gunnar & Linda Gustafson, requested a Special Permit pursuant to Section 3- 1 .4 (3) (B) of the Town of Barnstable's zoning bylaws for the property located at 3095 Main Street Barnstable, Map 279, Lot 1 , in an RF-2 zoning district containing approximately 3 . 5 acres. It is connected to the sewer. In support of this petition, the Petitioners presented evidence that the following conditions applied which would 'warrant the grant of a Special Permit. The applicants , Gunnar P. & Linda R. Gustafson are seeking a special permit under. Section 3- 1 . 4 (3) (B) to allow six lodgers in one multiple unit dwelling as a Bed and Breakfast enterprise. The premises is the site of the former . Crocker Tavern and is listed in the Historic Register. The petitioners have recently completely renovated the old tavern at considerable expense, in accordance with the required standards. The old original use of the premises, as indicated by the name by which it is best known, was a lodging house serving food and drink to travelers . The petitioners feel that this would be an appropriate use, given the history of the property and would be appropriate to the neighborhood. They have submitted a site plan., and it has been approved by the Site Plan Review Committee. Based on the evidence submitted, the Zoning Board of Appeals made the following findings of fact: FINDINGS OF FACT: Desirable relief may be granted without detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or bylaw because: Section 3- 1 . 1 (3 ) , (B) allows by Special Permit from the Board of Appeals the renting of rooms to no more than six (6) lodgers in one ( 1 ) multiple unit dwelling in an RF-2 zoning district , subject to Section 5-3 .3 . The applicants site plan has been approved. The premises has previously been used as an Inn. The renting of rooms to six (6) lodgers as a bed and breakfast enterprise will not be a--detriment to the public good or the neighborhood affected. Based upon the above findings , the Zoning Board of Appeals , at a pub 1 i c meet i ng Fie 1-d on` e`ptember` �8; T98 "tsp�Yfut7t r-t; and seconded, voted to grant the special permit . The vote was as follows : AYES: JANSSON, BOY, NIGHTINGALE, BLISS, LALLY NAYES: NONE In granting the relief sought , the Zoning Board of Appeals has Imposed the following conditions , the breach of which shall Invalidate the special permit being granted: 1 ) There is to be no further subdivision of the lot. 2) ' Parking is to be - provided in accordance with the approved site plan. 3) The operation is to be limited to no more than a six (6) person bed and breakfast. 4) There are to be no external changes to differeni"iate the premises from other buildings in the area which is within the Old King's_ Highway Regional Historic District. Any person aggrieved by this decision may appeal to the Barnstable Superior Court , as prescribed in Section 17 of Chapter 40A of the General Laws of Massachusetts by filing a Complaint in said Court as well as a notice of action with the Barnstable Town Clerk, within twenty (20) days of the filing of this decision with the Barnstable Town Clerk' s Office. Chairman Clerk of the Town of Barnstable Barnst a Cou6 , 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 thi s- day of 190 under -the pains and penalties . of perjury. 43 745 ' ✓ I r �i �•�\ A'� /t � r /r i. \\ �'�y\` f � ri or 11111'SSS711 ry 2 37 r ` •� r 46 39 rf�( � 4 � �•l '�r � ' �. K . ' _1 —.� a,. is'�� �-__-- OI��' "�: LPL>l .•� l � dT�• • �!' ��� ! �3s-a - r — 26 If �--- ,1,` � ") J Q,.., ��•` �i act, 21 NA \ 27 T ~`_ ice, (7j � \ �/��/ .� k'?��J'" s/''� -"•.,� ,� � %.' MAP 279 PARCEL 38.001 M SCALE:V=goo- CARISON AND FARIA / CROCKER TAVERN w E s FILE:(ARISONAN c:lbamldgnlcadson.dgn Aug.04,1M 12:07:18 0 �+ s, Engineering Dept.(3rd floor) Map c'� 71 Parcel a39 , eal Permit# 1 16 9 -7 House# j jJ1 Date Issued 1 '' :00- Feeo?S � C -2:00) s oor ldg.) �f1HE De f' and 19 ' BARNSTABLE. MARFL t al a lot L �p 059. TO OF BARNSTABLE / )IV sp 'lding Permit Application sec Street Address . (Dev tor ge Owner Address Telephone (o -6-SW. Permit Request re-,q� &L,sj iq ���jAIiale5 First Floor square feet Second Floor square feet Construction Type _ Estimated Project Cost $ qed, 00 Zoning District Flood Plain Water Protection Lot Size Grandfathered ❑Yes ❑No 41�,, Dwelling Type: Single Family Two Family Multi-Family(#units) Age of Existing Structure Historic House ❑Yes ❑No On Old King's Highway ❑Yes ❑No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: Existing New Half: Existing New No. of Bedrooms: Existing New Total Room Count(not including baths): Existing New First Floor Room Count \, Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other Central Air ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove ❑Yes ❑No Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) ❑Attached(size) ❑Barn(size) ❑None ❑Shed(size) ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ i Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use Builder Information Name Aqfwtv-e- Telephone Number 77S- 7-763 Address P.Q �rw License# Home Improvement Contractor# 1d ff 9/g Worker's Compensation# 90114 m6f p NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO UA z9 a SIGNATURE ��a L1c.. [ � 00� DATE BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) FOR OFFICIAL USE ONLY ' PERMIT NO. DATE ISSUED MAP/PARCEL NO.' Y 1 ADDRESS i - VILLAGE , OWNER , 1 DATE OF INSPECTION: i !3 a a 4 FOUNDATION A.. t FRAME r t INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH r FINAL i } t r GAS: ROUGH ` FINAL FINAL BUILDING2.�� DATE CLOSED OUT ASSOCIATION PLAN NO. # a i TOWN OF BARNSTABLE �9/,�0,,, n ZONING BOARD OF APPEALS SPECIAL PERMIT DECISION AND NOTICE PET I T I 0N-s---1988-76 s PETITIONER: GUNNAR P. & LINDA R. GUSTAFSON At a regularly scheduled hearing,. held on September 8 , 1988, notice of which was duly published in the Barnstable Patriot, and notice of which was forwarded to all interested parties pursuant to f l-idFter. 4(lA cif the t enr=r,=il (--)f Massachusetts , the petitioners , Gunnar & Linda Gustafson, requested a Special Permit pursuant to Section 3- 1 . 4 (3 ) (B) of the Town of Barnstable' s zoning bylaws for the property located at 3095 Main Street. Barnstable, Map 279, Lot 1 , in an RF-2 zoning district containing approximately 3 . 5 acres . It is connected to the sewer . In support of this petition, the Petitioners presented evidence that- the following conditions applied which would warrant the grant of a Special Permit. The applicants , Gunnar P. & Linda R. Gustafson are seeking a special permit under Section 3- 1 . 4 (3 ) (B) to allow six lodgers in one multiple unit dwelling as a Bed and Breakfast enterprise . The premises is the site of the former. Crocker Tavern and is listed in the. Historic Register. The petitioners have recently completely renovated the old tavern at considerable expense , in accordance with the required standards. The old original use of the premises , as indicated by the name by which it is best known , was a lodging house serving food and drink to travelers . The petitioners feel that this would be an appropriate use, given the history of the property and would be appropriate to the neighborhood. They have submitted a site plan... and it has been approved by the Site Plan Review Committee. Based on the evidence submitted, the Zoning Board of Appeals made the following findings of fact : FINDINGS OF FACT. Desirable relief may be granted without detriment to the public good and without nullifying. or substantially derogating from the intent or purpose of such ordinance or bylaw because : Section 3- 1 . 1 ( 3 ) , (B) allows by Special Permit from the Board of Appeals the renting of rooms to no more than six (6) lodgers in one ( 1 ) multiple unit dwelling in an RF-2 zoning ' district , subject to Section 5-3 . 3 . 1 The applicants site plan has been approved . The premises has previously been used as an Inn. The renting of rooms to six (6) lodgers as a bed and breakfast enterprise will not be a "detriment to the public good or the neighborhood affected. Based upon the above findings , the Zoning Board of Appeals , at a public meeting held on September 8 , 1988 , by a motion duly made and seconded, voted to grant the special permit . The vote was as follows : AYES : JANSSON, BOY , NIGHTINGALE , BLISS, LALLY NAYES: NONE In granting the relief sought , the Zoning Board of Appeals has imposed the following conditions , the breach of which shall invalidate the special permit being granted: 1 ) There is to be no further subdivision of the lot. . 2 ) Parking is to be provided in accordance with the approved site plan. 3 ) The operation is to be limited to no more than a six (6) person bed and breakfast . 4) There are to be no external changes to differenl'iate the premises from other buildings in the area which is within the Old King's Highway Regional Historic District . Any person aggrieved by this decision may appeal to the Barnstable Superior Court , as prescribed in Section 17 of Chapter 40A of the General Laws of Massachusetts by filing a Complaint in said Court as well as a notice of action with the Barnstable Town CClerk , within twenty (20) days of the filing of this decision with the Barnstable Town Clerk' s Office. Chairman I � (� Clerk of the Town of Barnstable, Bar le COU61t.,1 , 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. day of &XLI) 19�under Signed and sealed this y -the pains and penalties, of perjury. :Op IME row - APPEAL Iv 9 MASS¢ ArEp TOWN ^OFF BAR STA"E' __A*&I DF BARNSTABLE 100 PETITION FOR #T I MA P& break f f tUNDER THE ZONING BYLAW .(3 guest bedrooms ) To the Board of Appeals, Town Hall, Hyannis, MA 02601 D,(te 7/.1 3 1988 The undersigned petitions the Board of Appeals to vary,in the manner and for the reasons hereinafter set forth,the application of the provisions of the zoning bylaw to the following described premises. Applicant: _Gunnar P`. and Linda R . Gustafson 3 6 2-3 9 9 5 (Full Name) (Telephone Number) Address: 3095 Main Street , Barnstable , MA 02630 Owner: Gunnar P . and Linda R . Gustafson 362-3995 (Full Name) (Telephone Number) Address: 3095 Main Street , Barnstable , MA 02630 Prior Owner of record Stuart Bornstein Hyannis , MA Tenant (if any): (Full Name) (Telephone Number) If Applicant other than Owner of property - state nature of interest 1: Assessors map and lot number M a p #279 , Lot #1 2. Location of Premises 3095 Main Street Village B a r n S t a h 1 P (Name of Street) (What section of Town) 3. Dimensions of lot 208 . 52 x 763 . 91 144 , 353 s q . f t . (Frontage) _,` (Depth) (Square Feet) 4. Zoning district in which premises are locat � R F 1i 5. How long has owner had title to the above pre 2 r s . 6. How many buildings are now on the lot?. 3 7. Give size of existing buildings Ho u s e ' 3 , 3 6 8 s q f t Barn • 3 6 ' x 3 2 ' , Shed • 1 2 ' x 18 , Proposed buildings 0 8. State present use of premises _q i nQ 1 e f a m i l y r P s i ri P n r P 9. State proposed use of premises 6 person bed & breakfast (3 guest bedrooms ) 10. Give extent of proposed construction or alterations: 11. Number of living units for which building is to be arranged 1 12. Have you submitted plans for above to the Building Inspector? — 13. Has he refused a permit? — 14. What section of zoning bylaw do you ask to be varied? sec . 3—1 . 1 ( sub— a a Qr a q h 3 A) 15. State reasons for variance or special permit: Cost incurred due to extensive r e n o v a t i o n of Crocker Tavern property necessitates receipt of additional income which bed & breakfast operation would provide . Such use of property considered appropriate due to historic significance of property and original use as a tavern . (over) The following are the names and mailing addresses of the abutting owners of r,operty and the names and addresses of the owners of property abutting the abutting owners of property and the names and addresses of the owners across the street all with their corresponding map and lot numbers according to the records in the Assessor's Office at the date of this application: Please type or print only. Map Lot # Name Address Zip Code 278 8 Charles Bartlett 3135 Main St . , Barnstable 02630 " 9 Doris Travers 7 Railroad Ave , Barn.stable " " 10• Lynette Tulloch 21 Railroad Ave . , Barnstable " 11 Basil Edwards , Jr . Pine Lane , Barnstable 02630 if 12 William Trauner 61 Railroad Ave . , Barnstable " 19 Robena Knapp Pine Lane , Barnstable 02630 " 20 Howard Christine 51 Pine Lane , Barnstable 02630 " 21 Robert Helms 61 Pine Lane , Barnstable " " 25 Edith Aldrich Whitehead , Chole Court , Barnstable " 26 Holly Jones Chole Court , Barnstable " " 27 Candace Schulenberg 30 Chole Court , Barnstable " " 28 Joseph S. Alpert 55 Nathan Rd . , Newton , MA 02159 ' 30 Allan . F. Jones Chole Court , Barnstable 02630 279 34 James K . Edwards 2 Thayer St . , Providence , RI 02904 if 35 & 41 Robert Barnet Main St . , Barnstable 02630 36 Sturgis Library 3090 Main St . , Barnstable 02630 37 Elizabeth Weaver 3096 Main St . , Barnstable " 39 & 40 Warren F . Jones 3087 Main St . , Barnstable " 42 'St . Mary ' s Episcopal Church , 3055 Main St . , .Barnstable 02631 2 Joseph Pblcaro 11 Jan Sebastian Way , Sandwich 300 1 Evan Dorkins 3114 Main St . , Barnstable 02630 If 2 Thomas C . Edwards 3118 Main St . , Barnstable it 4 Donald Turlick 3166 Main St . , Barnstable " " 46 Kenneth D . Kramer Main St . , Barnstable 02630 Use additional separate sheet and so note if necessary There must be submitted with the application at the time of filing, a plan of the land, (Five [5] Copies) showing: I I 1. The dimensions of the land. i 2. The location of existing buildings on the land. 3. The.exact location of the improvements sought to be placed on the land. (All three of the above drawn to scale) Applications filed without such plans will be returned without action by the Board of Appeals. Respectfully submitted, (Signature) AAA c (Address) ✓l SA-. &jja1 Tel. No. 1�5> 51 * Please submit 5 copies of petition form. * Filing fee of required with this petition FILE COPY TO: ZONING BOARD OF APPEALS FM: JAC'QUELINE ETSTEN/BERNICE LATHAM RE : APPEAL 1988-76 GUNNAR P. & LINDA R. GUSTAFSON SPECIAL PERMIT RENTING OF ROOMS TO SIX LODGERS DATE : AUGUST 24, 1988 LOCATION : The premisis is the site of the former Crocker Tavern 3095 Main Street , Barnstable, in an RF-2 single family, one acre , zoning district . Map 279 , Lot 1 . It is not in a zone of contribution. APPLICANT'S PROPOSAL : The applicants , Gunnar P. & Linda R. Gustafson are seeking a special permit pursuant to Section. 3- 1 . 4 (3) (B) of the zoning bylaw to allow six lodgers in one multiple unit dwelling as a Bed and Breakfast enterprise. STAFF COMMENT: The former Crocker Tavern is listed in the Historic Register , and has recently been completely renovated in accordance with standards. incurred by that agency. The old original use of the premises , as indicated by the name by which it is best known , was a lodging house serving food and drink to travelers . This use was discontinued long enough ago for it to have lost any legal pre-existing non conforming status . The renting of rooms to no more than six (6) lodgers in ore ( 1 ) multiple-unit dwelling is permitted as a conditional use in the zoning district provided a Special Permit is first obtained from the Zoning Board of Appeals . The petitioners have been before the site plan review committee and are currently revising the plan in accordance with the parking and entrance/exit requirements recommended by the committee. The petitioners are also currently discussing fire alarm and sprinkler systems with the fire chief. The applicants should notify the Board of Appeals office immediately when the site plan has been approved. s z,N' w:s� . A4YAtlTA9f EGR�OA' — . NOTE THERE /S NO DRA/NAOE 70 THE STREET--ALL THE DRAINAGE IS NATURALLY RUNNING TO THE REAR OF THE LOr A SMALL PORTAON OF THE RUNOFF DRAINS 7V THE LEFT OF THE BARN oos M POST STm. ¢ fir' r • 1 a'. WRM � Y c_%L U77LIT7 ,. 0 arAie -aom polz .r. / - LOCUS W4IR my K &LuCIL(6 JOAMS . •� 1;( _HKSiIF A3f g��v,: V,g WATERVALVE ED 1509/704 ASSESSORS LOP� L, W \\ ♦• ___ =_- , 6`• i. / - -_- - Ur puts ' -- - CAS VALVE ' � .` �.\ -�Q_=.-?s' t �'` •�Id i -- ► a. a iZOOD LICHT \ � _ O e LALP ��\ __-- `` �-` `_S= y �CRAJ�-.Y-.® meta i _c�► r a . \a \ WALKi - tT 0� MAIVIfOLs \ •� �\ \ \ � e .o A, �.Y r AETLANDIS i �7==--Y a .a9► i E� �J O �-� ` O GUY Y POLC LE - a ► a ; p 1`• olreme7 nuvmc( Ii� 'i° e� / ID5 ; �+/ : /IcrAAsar •. ii S7VNE WALL .! ! i V l I i i i �a? � ti S a 4 Y .� i p �, - ------ LO T U - - - AL _ - -- a RAMZONE RP-2 a 4EFFREY CARLSON;A SUSAA fJ4RlA i ar , n__ FLOOD ZONE.` C' � ASSESSORS LOT 3W-/ � l ! .7DTAL Sal PT. _ /44.30*f` _ OF r 69463 SP UPLAND ae---1 e• S70NE ff7UNDATION 4 :<�• :,MOM SP WMAND � �l Ak( PLAN RZFERMCE 423186 `..�- i ®/ e'BoP► '_'; . r a 0� ! AssEss2Rs MAP �I Ave -40 rV Ai I CER17rr THAT THIS SL•RVEY A.VD PLA.\' W RL•A(ADE LO B I.V ACCORDANCE WITH THE PROCEDURAL AND TErNNICAL CO.MSE P hAMN _ 1 r C H_ "'�. •-- - fl STA,kDARLIS MR THE PRACT/CE OF LAA© SG'RI•EiI.YC /A' FRENCH STREET CONSTRUC770N rH�.r,QA/NOA7YEALTN OF A/AS,�ACHUSE775d _ _ ,j j'D BB5Cq 4•. �� sz-Y-9f EASEMENT �� ASSESSORS Lor se-z PAUL A MER/THEW P.L S A r 6f SITE PI,Ati (FOR SITE PLAN REWEN) OF LAND '0 ' � -••' 0 \ LOCATED L1 / BARXST.4BLE, 3f4. t - - PREPARED FOR JE'FFREY CARLSON. & S SSA}V FA RIA ry, JO,YM A. MCAUUM �. DEED 6432/42 DATE MARCH 30. 1998 ASSESSORS LOT/9 REVISED APRIL 10. 1998 r a \ NOTE PROPERTY SHOWN IS ON TOWN WATER AND 717 Wh' SEWER. f! a a`� - � 49 04 \ � f CA17RCE R A- HEISN H. ZJPKO DEED 9W],29B } CANDAC LENBURC �f9f� ASSESSORS LOT 20 DEED 4929/300 is ASSESSORS LOT 27 GRAPHIC SCALE i. 4 b 4.. YAm&E SURVEY CONSULTAN7S •" UNIT 1, 40 INDUSTRY ROAD trnsr7s c oeb x n. P.O. BOX I L DEAD a23 '�+;j�N• ' MAR39i7NS MILLS, MASS SS 02648 ASSESSORS#_ r TEL 429-0055 PAX 420-5553 1 BARNSTABLE HARBOR x NOTE: THERE IS NO DRAINAGE TO THE STREET--ALL THE DRAINAGE BIT UMINO US IS NATURALLY RUNNING TO THE REAR OF THE LOT, A SMALL PORTION sse PA VEMENT OF THE RUNOFF DRAINS TO THE LEFT OF THE BARN. moo SEWER (26' WIDE) sTATE 11 4w cS M NH 46 23 '� GRANIT � - � �j ww�o sA P051r' 5 �s srI �� ��'� OVERHEAD TRH s 9 6 �- rr �,� �' �� -J WIRES L)FLoo SEWER�1" � UTILITY SCALE: 1'=z000' MANHOLE_ E.•POLE LOCUS LEGEND 4 r'o / ==BED_AND_' -- C B WARREN F. & L UCILLE JONES STONE \ .s=BREAKFAST �� _< < ��o (BROKEN) v� WATER VALVE DEED 15091104 CU VE'RT \� 0 = - - - - - - -� �l ASSESSORS LOT 39 ,, �. -=_ ___ ��� St0 GUY POLE CROCKER NTRANCE GAS VAL VE ''�� /� '(g =- __`9 : i TA VERN SIGN LAMP ^,, I POSTj9 4 FLOOD LIGHT �P` T�� _ 3. �� �; sod, �S'?, 0� I `D / //� ---- _SHED VEL LAMP _ _ 6, WALKCo IN o MANHOLE Q _ FENCE � �L WETLANDS UTILITY POLE � I q OWNERS PARKING AREA FLOOD 7`° 1 '1 11 1 \ (GRASSEY AREA) /o LIGHT -0 GUY POLE STONE WALL �0 BARN=_ �l � ===-===_-_ LOT 1 ,�- ,- -- - - - - - - - �� AL RES. ZONE. RF-2 j JEFFREY CARLSON & SUSA V FARIA 27 _ FLOOD ZONE: "C" ASSESSORS LOT 38-1 TOTAL SQ. FT. = 144,353�-`_ _ REMAINS OF 66,483 S.F. UPLAND ze ' STONE FOUNDATION LLAAB� PLAN REFERENCE 77,870 SF WETLAND 29 — 423186 i Vv 44 6> 6'Q �.� ,' � REMAINS OF ?o — o$ �OJ ASSESSORS MAP ,V �'`sA; O • 80 59 jy 7� ,STONE FOUNDATION '� 279 GRO UND WA TER PROTECTION ;;, ,� � _ OVERLAY DISTRICT "AP" IL LOTS I CERTIFY THAT THIS SURVEY AND PLAN WERE MADE IN ACCORDANCE WITH THE PROCEDURAL AND TECHNICAL CONSER VA TION D j T C STANDARDS FOR THE PRACTICE OF LAND SURVEYING IN _—————— TH MMONWEALTH OF MASSACHUSETTS. N�F FRENCH STREET CONSTRUCTION - DEED 8854141 • EASEMENT ASSESSORS LOT 38-2 PA UL A. MERITHEW, P.L.S. DA TE ��SITE /Q j 1 IL FOR SITE PLAN ��' VIE'W) OF LAND 0 oti� 0 L0CA TED IN .� BA IN,S TA B LE; MA� PREPARED FOR JEFFREY CA RLSON & SUSAN FART JO YCE A. MCA ULIFFE DEED 6432142 DATE' MARCH 30, 1998 ASSESSORS LOT 19 1 REVISED: APRIL 10, 1998 , TE PLA,�I 03698 NOTE. PROPERTY SHOWN IS ON TOWN WATER AND TOWN SEWER. O ILL Z I I , Er• ' 0) TOV!jN OF BAP'l 7",,T1 E IL BUILM\! c, GEORGE R. & HELEN H ZJPKO ® MAY 6 1998 DEED 95311296 ASSESSORS LOT 20 CANDAC J. SCHULENEURG �191 DEED 49291300 GRAPHIC SCALE • ASSESSORS LOT 27 30 0 15 30 60 120 ' µ.ILLIAM YANKEE ,SURVEY CONSULTANTS —• ,Iij, t�M^'- UNIT 1 40 INDUSTRY ROAD ( IN FEET ) Nn. ?.3r'+ ' ROBERT R. & 1 inch = 3o ft. sE oe P. 0. BOX 265 LYNETTE C. HELMS o�ss ejsl a � MARSTONS MILLS, MASS. 02648 � j DEED 41251329 �101VAL TEL.- 428-0055 FAX 420-5553 ASSESSORS LOT 21 10 JOB f51537 DPG i i i BABISTABL 'He-V rr]o^y\SVee-V AJTYX-a V«^W ^t^'i/iC'jtcca/^^c-y/zyufhehn OF THE ^m^4/a/A/e OZd Toivn HciCZ 397 Motn Stn.e.(Lt H/janivu,MA 02601 r' January 25,1985 Ms,Marilyn Meder-Montgomery Director of Stewardship Society for the Preservation of New England Antiquities 141 Cambridge Street Boston,MA 02114 Dear Ms.Montgomery: The Barnstable Historical Commission,established by Town Meeting under Chapter 40 Section 8-D of Massachusetts General Laws as the town agency responsible for historic preservation,has voted unanimously to express opposition to plans reported in the local news media for subdivision of the Crocker Tavern property located in the heart of Barnstable Village within the Old King's Highway Regional Historic District. This building and its grounds represent a prominent historic landmark listed in the State Register of Historic Places and significant to the town,county and historic district not only as an 18th-century inn whose distinctive Georgian architectural features -uncoinmon in this area - have survived through two centuries,but also as the site of the first Barnstable County Courthouse (1686-1774).In this year of our county's tercentenary -the first anniversary it has ever celebrated - we urge you to assure that this important site v^?ill remain intact. Tnis Commission is currently embarking on development of a Town Preservation Plan,funded by the town and the Massachusetts Historical Coitjnission,which will include designation of^potential National Register sites.We are certain that the Crocker Tavern property will be recommended for nomination either individually or with neighboring sites as a prominent component of a National Register Historic District,and we urge SPNEA to deny permission for any lalteration of this property that might jeopardize its National Register eligibility. Further,it is our hope that the recording of preservation restrictions for properties throughout the town will be pursued as our Preservation Plan is implemented,but public confidence in such a preservation tool will depend upon the effectiveness of those already recorded.We urge SPNEA,therefore, to heed the cojmnunity opposition expressed regarding proposed subdivision of the Crocker.Tavern property and to recognize that approval of such a controversial plan xvill lead to diminished respect both for preservation restrictions and SPNEA itself.Indeed,holding restoration of the building hostage to the approval of a subdivision plan,as has^^apparently been proposed,represents virtual blackmail that should not*"be condoned. We hope we may anticipate your cooperation in helping to preserve one of our prime historic neighborhoods by adhering to the conditions specified Ms.Marilyn Meder-Montgoinery January 25,1985 page 2 in the preservation restriction recorded for the Crocker Tavern in 1974 and allowing no subdivision of the property. We would appreciate your keeping us informed of any plans that are proposed for this property,and we will be glad to assist in any way we can in assuring its preservation. Thank you for your attention to our concern. Sincerely, cc Joseph A.Williams Chairman afilyn flPifieidj Vice Chairman Sen.Paul V.Doane,Cape,Plymouth and Islands District Rep,Peter Morin,Second Barnstable District Ms.Valerie A.Talmage,Executive Director,Mass.Historical Commission Board of Selectmen,Town of Barnstable Board of Appeals,Town of Barnstable Mr.Peter Ryner,Director of Planning and Development,Town of Barnstable Joseph DaLuz,Building Inspector,Town of Barnstable Mr.Robert D.Smith,Town Counsel,Town of Barnstable Conservation Commission,Town of Barnstable Barnstable Old King^s Highway Regional Historic District Committee-- Barnstable Village Civic Association