HomeMy WebLinkAbout4352 MAIN STREET } , r� i, 1k y �,YI �9�r:f f , u�� r '' 1 r rs!�E f
rWZ u r
� fr r
'� v 1 r `/ r ,�� J ��
f' + s`�.�y�(,4,7-Yti1�14/(�!{/ 3,,r +i1rll '� „tlx,s i;1`, {,r ` _,1•
1� 1..tr yi17 T r(, et
�'��/� �' '.(it F1 tub�r 4'/s T1 I`r Y d7ti`IE,,, 3 l� F,.�r y� ,r .. ,.
,,,,
).,
!) !✓ri;, .. A. r ,'T .�tl* r r�/',} (t k�•�.Y�G .f��.r!. }4 y ..yea. .0 n' .D'n,} , r i�'.
:5: ' : r. , j rj .., �. y .,.. 4 '=r t, 3 ) Y 1 o . ' p ... .ix r,' .Y+r'B-k li. e'` _ "_» +4,' '}at ,;T' '7:-..,.
1 ,�':�,e�:ir, "�'�� "�)�f1�,' r ;,, rift` .N'l J�Y Y� }^,.,ric, .'/ f�y } 7.Y�A �.�- . .. ,,.., ,.y; - tam . r..yjr#j.- c�,rr :+tl a ;;, , iX1 f.,'x., i 0 1 .,,yl ,� ;t� ,Pt i :,:}1� � it .�� ?/�' st x1` �'p° , � _ .Y; }; J
r ,.. 1 T,r Y 'rF
f°f'fT�',: i n .�� } h 0 Y * ,i n4r f�HT,i ,'d , ,f; ,o, t 1 y trra n� �y
Al i r}i,. i.iii,,,1 J r ,, 0",r{I /,/, �9' ,.1., -. r'fir• I .ar,.
(}littl;.--P rF 4.,,_ 'v)i� : psi 1; r-. yt,�l' F~,.9, .. r(„•
ray g.- I
(...,",
ii
. , .
, 4, . .
. .
_ ,
. ,
. „ .
. ,
" . , ,,
_ .
.. . ....,
1
_ .,
. • _ ..
..
1.
. , ,
. ,
e
i
I
C 1
P
f
D
t
- -.,
- -• ''.."' k'•41.'g'
, .. "'.
-f:,
str-...: :::::,,.... ...,-...2.,:::..77,ii17...i...,,,,,,•.....,,,,.::-D.J.!.., firm!!11-:-7. 1:it,';•'
,..••.i...j...: .S.4 g Mrttrrfril .,':••!',41.t.0,...„;
0.,:,,h..,....f.....::.r...Q..6.1,`", r,:::<Agts.,0,,.."74.Tiros 'Reda*—-4.. ''.,t. •,%.„.1.11, /A
/Unite 5
.- ,...:,....-,. m pi .-...-.-. ,-...;:',-- ,.• , • -...' ..-• -: I A4,,,,,
Pool N
AAi -1121° li.A Ni.i,46;,;0' ;. '—' ''• ' ''. ; '.'-'11 Ail,-,,,,A.,,,, 1..n* ,i1].-:,..L-...4,j,,,,,..,,,(.. WalrAcc
, ,1‘.. 5;,•.'",•••.: ., ..i.,:."':,.t.. ...-• •, . ",',‘'C'
. • , 1)••;:f,•,:trz,. . . . • ..
'N 41"'
Furnished Full Map/Par • R351- • 113! ',••4 ,,,,,„.4i,
Ownr(Sere Attach Corn Fec CArea,03torp , ....,tc,•.11
Aernt 230.300 , .
, • 1,:t.Al'"'`4.,1 31,.''-
Min Ex Feet Deck-S,S -S,Scm-S
tic'inefitr .. .. • . '..,..`'.:itri -44 ,.,,
..,„-
Heat RElect,OkOther ' -• . ,, .Lead 1.1111!..'...,..z.,,;z.
Rem'Outstanding, one of a kind property. EaellY.. e.' ..•:','''AZ..,,,,,,All 20'
of the top decorated proPenies on the Cape %WM ,
many one-of-a kind fumlihinati. 4 oueen bedrmIC " ' ' :q,T..1!,,;. ,.-1,t,,,,
Owner Ferrell - erne DURect.APPIRit A
. i •••,4','
WOW Realty Executives, REAEI • Ph 508432-5100',•'•'...., 1,,,,,,,.4 ..,•4,1„;
DIr Rte. 8 to EA 7, North on'Willow-to-Ftte.--,8A.?.!•';.t,— -4: 'f. ft, .•
Left on Rte. 8A oast Barnstable town fine slap." —. , .•-,4,,t ,s1--, ,l,--,
BAF 3%BAF 3%OD ' 3% 'PALI 804334.7.'
- ,,) 43..3 • ..
•• • . •
e° Town of Barnstable Building
f PostThis Card So That it is Visible From the Street .A roved Plans Must be Retained on Job and this Card Must be Kept
rnxava7rnei.�. : � .
Posted Until Final Inspection Has Been Made permit
Mesa �� 1 m
e� Where a:Certificate of Occupancy is Required,such Building shall Not:be Occupied until a Final Inspection has been made
Permit No. B-20-882 Applicant Name: Maryhelen Hollenbaugh Approvals
Date Issued: 03/26/2020 Current Use: Structure
Permit Type: Building-Siding/Windows/Roof/Doors Expiration Date: 09/26/2020 Foundation:
Location: 4352 MAIN ST./RTE 6A(BARN.), BARNSTABLE i` Map/Lot _351-039 Zoning District: RF-2 Sheathing:
Owner on Record: HOLLENBAUGH,SHAUN D&MARYHELEN A Contractor Name:-,„HOMEOWNER IS APPLICANT Framing: 1
Contractor License EXEMPT
Address: 4352 MAIN ST , 2
BARNSTABLE, MA 02630 Est. Project Cost: $2,500.00 Chimney:
i
Description: reshingle the garage outside of the house i Permit Fee: $35.00
t v Insulation:
Project Review Req: 1 _ �'' Fee Paid; $35.00
Date. 3/26/2020 Final:
) 1,0-121----- Plumbing/Gas
j Rough Plumbing:
-- - - . `° Building Official Final Plumbing:
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.
All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. Rough Gas:
All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes.
This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the Final Gas:
work until the completion of the same. 2`
/ Electrical
The Certificate of Occupancy will not be issued until all applicable si natures bythe Buildingand Fire Officials are provided on this permit.
Oc y pP g
PMinimum of Five Call Inspections Required for All Construction Work:l Service:
]..Foundation or Footing Rough:
2.Sheathing Inspection
3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final:
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection
S.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough:
6.Insulation
7.Final Inspection before Occupancy 1 Low Voltage Final:
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health
Work shall not proceed until the Inspector has approved the various stages of construction.
Final:
"Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A).
Fire Department
Building plans are to be available on site
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT Final. .,
Ow►�Pff
EMS 5€,'T ,
oc r% Town of Barnstable it
' Post.This'Card"So,That itis Visible From the:Street�=A "`roved,Plans Must be.Retained on Job andithis`Card Must be Ke t 5
}LNf3T`AES:E. ' ''�, r ,°� ��' � '2 C _ P p'. .� � yr� t ec"� � k � .. 2 � p
s �� th,,,,u,,t-citjr,i-F.if.n.AL!!?,04.k. ,310 . -0,110.v9.8ek,Be r �" 3 r z =� 7 i
:d er it
teNof Occupancy is Required,such Building shall Not beOccupied"until a Finallnsp°ection has been made
Permit No. B-19-3236 Applicant Name: Jonathan Whipple Approvals
Date Issued: 10/01/2019 Current Use: Structure
•
Permit Type: Building-Insulation-Residential Expiration Date: 04/01/2020 Foundation:
Location: 4352 MAIN ST./RTE 6A(BARN.),BARNSTABLE Map/Lot: 351-039 Zoning District: RF-2 Sheathing:
Owner on Record: HOLLENBAUGH,SHAUN D& MARYHELEN A Contractor:-Name: JONATHAN N WHIPPLE Framing: 1
Address: 4352 MAIN ST Contractor License: CS-078683 2
BARNSTABLE, MA 02630 Est. Project Cost: $8,386.00 Chimney:
Description: Insulate attic,kneewall and crawlspace. Install ventilation chutes, Permit Fee: $92.77
soffit vents 4 x 16,home air sealing and weatherize doors: Insulation:
Fee Paid: $92.77
Project Review Req: Date: . 10/1/2019 Final:
�-f -'" � Plumbing/Gas
/,-.-
Rough Plumbing:
tiuildin Official
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance. Final Plumbing:
All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted.
All construction,alterations and changes of use of any building and structures shall,be in compliance with the local zoning by.-laws and codes. Rough Gas:
This permit shall be displayed in a location clearly visible from access street or-road and shall be maintained open for public inspection for the entire duration of the
work until the completion of the same. ;. Final Gas:
The Certificate of Occupancy will not be issued until all applicable signatures by the Building.and Fire Officials are provided on this,permit. Electrical
Minimum of Five Call Inspections Required for All Construction Work:
"' Service:
1.Foundation or Footing s `',
2.Sheathing Inspection '
3.All Fireplaces must be inspected at the throat level before firest flue lining is.installed' � z Rough:
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection
5.Prior to Covering Structural Members(Frame Inspection) Final:
6.Insulation
7.Final Inspection before Occupancy Low Voltage Rough:
Low Voltage Final:
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations.
Work shall not proceed until the Inspector has approved the various stages of construction. Health
"Persons ontractin ith unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Final:
- Building plans are to be available on site Fire Department
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT
Final:
Town of Barnstable
Building Department
eTHE Tp�� Brian Florence,CBO
14TBuilding Commissioner
9�`
* BnxxsTnBiB, ► 200 Main Street,Hyannis,MA 02601
Mss.
639• b www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Approved: �l
Fee: • a.)
Permit#:
HOME OCCUPATION REGISTRATION
Date: / /� /k
Name: Migiideizi ai A Phone#: O
Address: 'e 5-z_ c4 Village: (64..),..1_4,--ri cz_zi
Name of Business: /fG/ .,,)63/�
Type of Business: r 4 ap/Lot:
INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation
within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the
activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no visual
alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal
residential volumes;and no increase in air or groundwater pollution.
After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the
following conditions:
• The activity is carried on by the permanent resident of a single family residential dwelling unit,located
within that dwelling unit.
• Such use occupies no more than 400 square feet of space.
• There are no external alterations to the dwelling which are not customary in residential buildings,and there
is no outside evidence of such use.
• No traffic will be generated in excess of normal residential volumes.
• The use does not involve the production of offensive noise,vibration,smoke,dust or other particular
matter,odors,electrical disturbance,heat,glare,humidity or other objectionable effects.
• There is no storage or use of toxic or hazardous materials,or flammable or explosive materials, in excess
of normal household quantities.
• Any need for parking generated by such use shall be met on the same lot containing the Customary Home
Occupation,and not within the required front yard.
• There is no exterior storage or display of materials or equipment.
• There are no commercial vehicles related to the Customary Home Occupation,other than one vanor one
pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to
exceed 4 tires,parked on the same lot containing the Customary Home Occupation.
• No sign shall be displayed indicating the Customary Home Occupation.
• If the Customary Home Occupation is listed or advertised as a business,the street address shall not be
included.
• No person shall be employed in the Customary Home Occupation who is not a permanent resident of the
dwelling unit.
I,the undersigned,have read and agree with the above restrictions for my home occupation I am registering.
/lamApplicant: ��'<���� b Date:
MUST COMPLY WITH HOME OCCUP TI
Homeoc.doc Rev. 10/17 RULES AND REGULATIONS. FAILURE TO
COMPLY MAY RESULT IN FINES.
it
Town of Barnstable
Building Department
Brian Florence, CBO
Building Commissioner
200 Main Street, Hyannis, MA 02601
www.town.bamstable.ma.us
Pre-application for Business Certificate
Date Map 357 Parcel 0,39
Applicant Information
Applicants Name /10 r /e! #74t-ika
Applicants Address 73 /(�/jam 51— Email Address y'Y e1,Z
/C2ileil
Telephone Number .� ' 3(a -.33 Listed ❑ Unlisted ❑ c�iy .
Business Information
New Business? Y No
Business is a registered corporation? Yes
If yes Name of Corporation
Does business operate under the registered corporate name? Yes No
Is the business a sole proprietorship or home occupation? Vs No
If yes then a Home Occupation Registration is required—See Building Division Staff
Name of Business ��7 /r) ,e.A.)\
Business Address A6 2 , 71 /_' 6� ,�� /A.A ,),/ 6 37
Type of Business Ve.4 1-77/7 -ri `�� 14, �J�' C,+-,�` QC\
gilding Commissioner O fce UsgOnly
w
Conditio on 1 tc l(� �., incl•P.A t 0c1 l'S
r •
Building Commissi e w ate 10" -
Clerk Office Use Only
MICHELE CUDILO, P.E.
Consulting Structural Engineer
Centerville,Massachusetts 02632-1979•(508)771-7601 •Fax(508)771-7163 mcudilo@comcast.net
July 28,2011
Town of Barnstable
Building Department
200 Main St.
Hyannis,MA 02601
Attention: Mr.Thomas Perry ADVANCE COPY VIA FAX: 508-790-6230
Building Commissioner
RE: MAINTENANCE OF EGRESS COMPONENTS
ACKWORTH INN
Cummaquid,Barnstable,MA /4 C. AJ O 677`F
Dear Mr.Perry,
Please be advised that the above captioned project has been inspected on July 27,2011 to review egress component
maintenance, in particular the 2°d story fire escape platform. This is found in generally good condition. Note that
the Owner intends to paint rusted areas within the next five years,when re-inspection is next required.
Note that new rear entrance stairs and railings were constructed more recently and are in generally good condition.
Please note the following criteria are required in your future maintenance. Any newly constructed rails shall meet
the current criteria:
1. Height of Rail at upper floors: 42"above decking; lower floors: 36" above floor.
2. Spacing between balusters: 4" clear max.;not ladder-type;
3. Max.triangular space between stair parts: 6"sphere.
4. All components shall be capable of withstanding a 200 lb. load in any direction.
5. Height of rail above the leading edge of stair tread: 42",36"for lower entrance stairs.
This office has inspected all exterior bridges,steel or wooden stairways, fire escapes and egress balconies for
structural integrity and safety, and find them adequate.
I trust that the above addresses your needs at the present time. Should you have any questio" on any of tlie=above
please do not hesitate to call. E. .,
•
cerely,
is e
/2011-137 E!3
cc:L.Callahan � 1� Hw° �, w
o`' -f, 1 rvi
o—
w MICHELE
CUDILO
0 No.34774
STRUCTURAL rm
•
10Nnt.
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map . Parcel Application # 00 D 6 S
Health Division Date Issued
Conservation Division Application Fee O
Planning Dept. :Permit Fee
Date Definitive Plan Approved by Planning Board
Historic - OKH Preservation/Hyannis
Project Street Address Lt 3 S`Z Z . r . - ‘A
Village (' (Jmod~ < , q.,4 ? O
Owner (_;f5 C_< r/< 6 ..--, Address Lt3S2 p 6-4 CdMG�u. evil-
Telephone dk- 3 eZ —?3g d
wer le fcG.C-
Permit Request PO cr(f Lower Pad�f ,�z,. f�esk i/P �.4-ic, Sc,<n! _41^s/r >, d
Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total new
Zoning District Flood Plain Groundwater Overlay
Project Valuation vC, Construction Type
Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation.
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
Number of Bedrooms: existing _new
Total Room Count (not including baths): existing new First Floor Room Count
Heat Type and Fuel: ❑ Gas 0 Oil ❑ Electric ❑ Other
Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No
Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_
Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size Other:
cp
Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ „-
Commercial ❑Yes ❑ No If yes, site plan review# '
Current Use Proposed Use
1 1D -r
i
w .:.
APPLICANT INFORMATION i - CD 1-
_ (BUILDER OR HOMEOWNER) - ---
Name • i-1 I e4f'^f Telephone Number 'S(4- 7de- Z7ae
Address- '( L c c,1 pug, Q� License # 41* �-c(
S ya r-,a-0 ft. el 4- Home Improvement Contractor# itl P J/
Worker's Compensation # 44,0 622 LI/1/37 2--w0
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO y<ift-/
of
SIGNATURE ..-----//� DATE .S l 2i CG 1
1
1
FOR OFFICIAL USE ONLY
APPLICATION#
1 DATE ISSUED
MAP/PARCEL NO.
.)
c
ADDRESS VILLAGE
OWNER
A
DATE OF INSPECTION:
1 FOUNDATION
FRAME -
INSULATION
FIREPLACE
ELECTRICAL: ROUGH FINAL ;1..
PLUMBING: ROUGH FINAL •
GAS: ROUGH FINAL
-FINAL BUILDING
1 ..
DATE CLOSED OUT
t ASSOCIATION PLAN NO. "
y
.
r
exrrs s I.3 �.
\�i639. qt Town of Barnstable
d
Regulatory Services
Thomas F.Geiler,Director
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
Property Owner Must
Complete and Sign This Section
If Using A Builder
I, • $ C l/I(,tc,.en ,as Owner of the subject property
hereby authorize / i�-, f,�P� '{��ns to act on my behalf,
in all matters relative to work authorized by this building permit application for:
11/ s2 r 4 w‘4,,,, 4M
(Address of Job)
f e a( v 3----/c)-1//c)
Signature of Owner Date
&-tht-,A r)
Print Name
If Property Owner is applying for permit,please complete the Homeowners License Exemption Form on the
reverse side.
C:\Users\decollik\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\4STGU5Q0\EXPRESS.doc
Revised 090809
•
r' E F'Rw, BARNSTABLE FIRE DEPARTMENT
o°'8L1s"Fo sp 3249 Main Street—P.O. Box 94
Barnstable,Massachusetts 02630 1987
* 508-362-3312
'` -••� - FAX: 508-362-8444
Robert M. Crosby Francis M.Pulsifer
FIRE CHIEF DEPUTY CHIEF
rcrosby@barnstablefire.org fpulsifer@barnstablefire.org
December 29, 2009
Mr. Thomas Perry- Building Commissioner
Town of Barnstable .
200 Main Street
Hyannis, MA 02632
Dear Commissioner Perry:
In accordance with MGL Chapter 148 Section 28A, I am making you aware and
request your interpretation of an R-1 use group occupancy with an exit door leading
through a bathroom at:
Acworth Inn
4352 Main Street
Barnstable, MA 02630
While on an annual inspection at this occupancy, I observed the secondary exit on
the second floor leading through a bathroom to an exit window. There is a door
separating the exit corridor from the exit window which has the ability to be locked. This
door was found to be locked during the inspection which would have made the exit
inaccessible.
Thank you for your attention to this issue. Please feel free to contact me with any
questions or concerns at 508-362-3312.
cr.,4
Respectfully, LJ -
� 1
Rt
iV
Fran s M. Pulsifer
Deputy Fire Chief rn
www.barnstablefire.org
\--___A TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
1 Map '4, Parcel 65cl Application#p oo7V "'
Health Division h d�
6
Conservation Division rmit#
Tax Collector late Issued `t i Z101
-
Treasurer pplicationee F 0
Planning Dept. Per r Fee 0.7
Date Definitive Plan Approo-&by Planning Board (j e '
Historic-OKH �A Preservation/Hyannis �"
[�i I (� /6`ay-
Project Street Address if 3.;-. SIC(14 )
Village Co-41 e,s
Owner L r`SQ f c ) a lx 6"�- Address g3.r0� /KC a rr� 3 /
Telephone S 3 C Z .33 7
Permit Request a 17 PcessvPe- %re4 - a R
3c X fo n ( 77
/ 72 X?� p6 4-;r Dcr (
Square feet: 1st floor:existing proposed 2nd floor:existing proposed Total new
Zoning District Flood Plain Groundwater Overlay
*Project Valuation 7 6 Z Construction Type
Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family units) -J� '.
Age of Existing Structure Historic House: es ❑No On Old King's Highway: es ❑No
pBasement Type: ❑ Full ❑Crawl ❑Walkout 0 Other
Basement Finished Are (sq.ft.) Basement Unfinished Area(sq.ft)
Number.of Baths: F II:existing new Half:existing_ new
...1 —
V 'Numbeftf Becdoms: xisting new
-- ac
Total Roo€n Cott(not in ing baths):existing new First Floor Room Count
�_:_ _
Q -h
Heat Type end Peel: 0 Gas ❑Oil 0 Electric ❑Other
Central AN; 0 ❑N� Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No
Detached garage:0 existing ❑new size Pool:0 existing ❑new size Barn:0 existing ❑new size
Attached garage:0 existing ❑new size Shed:0 existing ❑new size Other:
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
Commercial ❑Yes ❑No If yes,site plan review# T -
Current Use Proposed Use
z f' ;cAt,i,C al- 5 e'(( BUILDER INFORMATION
Name ,?i 55-ei( nes,-, . !t �- o brzcGl- ,)‹...Telephone Number dS- 7V? `(6
Address `e i s- �- n') e6-d�4) License# C::7, f 6/_ tin0 U , `i Home Improvement Contractor# /L.5 ol /CY
Worker's Compensation# /2i 1122 3,2 6i
ALL CONSTRUCT :•IS RESULTING FROM THIS PROJECT WILL BE TAKEN TO Afif-e.e/fircilt�
4M 1
SIGNATURE ►A4AW ! DATE LC—Aare"
1
FOR OFFICIAL USE ONLY
PERMIT NO.
DATE ISSUED
P '
MAP/PARCEL NO.
ADDRESS VILLAGE
OWNER
DATE OF INSPECTION:
FOUNDATION
FRAME
INSULATION
FIREPLACE
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL
FINAL BUILDING J
DATE.CLOSED OUT
ASSOCIATION PLAN NO.
•
(aC,r.c.N.
Town of Barnstable
‘4639.11 Regulatory Services
Thomas F.Geiler,Director
Building Division
Tom Perry,CBO
Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Property Owner Must
Complete and Sign This Section
If Using A Builder
I, /, Ccd/IG h ,as Owner of the subject property
1 /'�J5 Ji# cl'i ac�i* c.
hereby authorizeWC:6SC)) �
i l'l (. to act on my behalf,
in all matters relative to work authorized by this building permit application for:
;71, STr C /bz,,tef
(Address of Job) I
itoago
434-1—
Signature o fOwner ate
talait 401t
Print Name
Q:Forms:expmtrg
Revise071405
CONTRACT
k
Ri Ia! r// i I`l o f'j'' / a , ,, i :',-South i eadow r 6L��}
7,,.
P9ymouth, NIA 02360 . >-.
Premium Vinyl Exterior Designers
Phone 503 747 6110 i
CSL 079101 a A H1C 152168 •' RI re 27374 pq n sry
Date: if IS-- /07 Job#: Salesperson: sic/ --
Customer Information
Flame Km.Phone
Street
,LqV MG J�+/ 1NPIL Phone
Town St�' � ,'12G Zip Cell
C a niMaq� CG V
Email Fax
Not responsible for un forseen&additional work
Description of Work:
_FG,kIc it- DI .aa:14 /2 x/7 iftsitc112.W 4e. ay, /O l<5.„„zoA d, so
36 a 'iri4€ is ` ' w IA av'r-s, 2--PcQs4r 24, /-,74
ffrialcit_ 6193- Li., ioi LW SAS 4/ 144-- a C-car-r ,74. C l'en. erc.‘"g'
'lac_ GX, 7'i S/7 V 406,7 ,) €X/ iigeloa,5-
6),
f dr,96s ,4/fclJ cr/y-it ceyiQ141--a l 0,-as'
1) _ 7a ,rm ,Ilrfirki A —ii-J lac / 5 ra.
t
Projected Start Date , 7,i p 7 '�I I Projected Finish Date- ,
The owner hereby
ereby acknowledges and agrees that scheduling dates are approximate
and that such delays that are unavoidable are not a vio
lation of this contract.
Total Price $ �, Payment: Down 'eliver/art
7�Go� Completion Initials:
to pay In full al completkin of Amount $ 2 " $ 26Cer-- $ 200
The above prices,specifications and conditions are satisfactory and are hereby accepted.
You are authorized to do the works specified. Payment will be made as outlined above.
DO NO !GN I r: S CONTRACT IF THERE ARE ANY z LANK SPACES
Date ;, ;ell ,1es7 = struction Inc.
r .5/67 i.. Ho�ra� er
?� /Zt.
No verbal agreements reconized
•
t1P4S 967116 0111111111111111111011111111111111
cm FILSIOE
INDOU COMPANY
MIELt
tt1
Neat Nnestreon CPO At s-311=o2
Rating Cwit SL ..IO UI YI 1E 1 - it8LE 020
13/18' 1G, cis LO-E, •'CON1 GRIDS 1:-
RS97
ENERGY PERFORMANCE RATINGS
U-Factor. (U.S./I-P) Solar. 11841140in Coe ftctsn :
0 2
•
, t NAL.PERFORMANCE tATINGS-
tlza'abte Transrai&tanra: m,
0 . 48
Manututumy that Mese ratings warm ttaapphrcabte NfAC'pracadureS for deterrraning tools
product performance,NFrRC tatUags are deafened tar a fined set of environmental conditions ana e
speck product size.Csasirlt rrianulact:irer°s literature for.-attar product;performance information
ar.nfrcaor:
/ t i
i
4it - {
A • • i
.1 . .
____..._.........„....... .
____,........_......
� t ��
.sman:::::::::.::,..„„...::....... .
_...., _ . ____,,,,,,,.:.......
.,.„ .. .,.. . ..„
„.,..,.::::!,:ammil,„,:,,,stzio:o.:„..:.:.„.. .. • .3 \14
....________________ . _..
AI•,..:.,..,,,•:„.„,,t,.3,,,:,,gg.,i,-,.:,..,::•,,..,:,i:E.:•i,;.;•,.;:-.4.:.:,. .i i. .-... -
ft
5 5_6 lZ.,3�.. .
in
o � .,47 zA
i (\i• IN . , ‘--13 1\ --• °
. [
Al
gi„...,-_-,.,-.4. ,-,,,::.;:„.::.,::. - 4 ftN • /343.90'2"/ - /Z...660.72/ - 0
b 0 914 k - 940..07 . it/
NSZ=46= Z.OW . /e3/.
77
r - N/6A,frV y
. ms,>y-E • e-- 4'
n" This Flan does not require
i f�P
'`_he a��r val of the Board Of `,��,se.
...........,,,,..,,,„..:„,,..•s, . • - ---'—•-..7.-- -----7 f 7 i C.)///t:.t ii. / i .
a. j : EO RD Oi JVL.VEI, Ot BARNS LBs. �-
I
„:„,„,,,,,,:,,,..,,,,, A 1."jimz,. ..,...":,ivp ..
. .„.„,.
• 1
. ' - PA/57.44)_,HZ. F iegi5 _
....,......,..4-0=..........._,.............rorla. --
�.eOR.E.e„.....,::,_„,,,,„.._.......„.. ...:.mogivai eawie).. r y O�—
ite.,
colpe7.666.44404Aier . :....
,,,,,Rirffotr ::. •.- • . • • . • . -
S ALE,,,, -40 FT ,44„_4 S T/9!a/
i*vL!?A/,yf� 4:esTXGooi4..zrr- —f"�JSFa,-,-,. oc
own o :arnsta. e
Planning Division - Staff Report
Appeal 2002-43 - Callahan
Modification of Special Permit 2000-70
Transfer of an Existing Non-conforming Bed&Breakfast Special Permit to a New Owner
in the alternative
Issuance of a New Special Permit in Accordance with Section 4-4.5 Non-conforming Uses
Date:. April 10, 2002 WI
To: Zoning Board of Appeals
Art raczyk,Principal Planner
Petitioner: Lisa Callahan
Property Address: 4352 Main Street,(Route 6A)Barnstable,MA-7
Assessor's Map/Parcel: Map 351,Parcel 03§---`
Zoning: Residential F-2 Zoning District
Copy of Public Notice:
Lisa Callahan has applied for a modification of Special Permit 2000-70 to permit that Bed&Breakfast
special permit to be transferred to a new owner or in the alternative,the issuance of a special permit in
accordance with Section 4-4.5 Non-conforming Uses. The new owner wishes to operate the Bed&
Breakfast in its present condition and no interior or exterior changes are planned. The lot is shown on
Assessor's Map 351, Parcel 039, commonly addressed 4352 Main Street, (Route 6A) Barnstable, MA, in a
Residential F-2 Zoning District.
Background & Review:
The applicant, Lisa Callahan is seeking to have an existing non-conforming Bed&Breakfast special
permit transferred into her name. The property is commonly known as the Acworth Inn, addressed
4352 Main Street (Route 6A), Cummaquid-Barnstable, MA, a five (5) bedrooms,ten (10) guests inn.
In February of 1998,Jack L. and Cheryl K. Ferrell d/b/a The Acworth Inn were granted Special Permit
1998-27 to permit the operation of the Bed&Breakfast to accommodate ten guests in five bedrooms.
That permit was issued as a non-conforming use permit after the Board found that the business dated to
1979, and predated the 1987 change in the•ordinance that limited the number of rooms that could be
rented to non-family members. In issuing the permit,the Board limited it to the owners of the property
and made it non-transferable without permission of the Board. Condition 7 read:
"This permit is restricted to the petitioners only. Upon transfer of title,this Special Permit shall
lapse and the new owners will have to apply to the Zoning Board of Appeals for a new Special
Permit."
In June of 2000 Ms Joan Tognacci applied for a modification g PP of Special Permit 199 -p 8 27 to allow for the
transfer of the permit from Jack L. and Cheryl K. Ferrell to herself. In August the Board granted her
request and issued a new permit under Ms Tognacci's name containing all of the previous restriction of
• the Ferrell's permit.
Today,the applicant Ms Lisa Callahan is seeking the exact consideration to permit the special permit to
be transferred from Ms. Tognacci to her.
Planning Division-Staff Report
Standing:
The applicant has submitted a copy of a Purchase and Sales Agreement for standing. It is staff's
understanding that the applicant may have already closed on the property. The Board should confirm
this with the applicant at the hearing and the applicant should be prepared to substantiate to the Board
that she has an interest in the ro e
P Pam'•
The property is a 0.31-acre parcel improved with a 2 1/2-story 2,570 sq. ft. 8 bedroom, bed and breakfast
commonly known as the Acworth Inn. The property is located in an RF-2 Residential F-2 Zoning
District. According to the Town of Barnstable Assessor's records, a portion of the original dwelling was
constructed around 1700. An accessory garage structure on the property was converted into living space
and attached to the main residence around 1989.
According to the Zoning Board of Appeals records, a lodging house has been operated at this site since
approximately 1979. In 1987, the number of rooms rented to non-family members as an accessory use to
a single-family dwelling changed from 6 to 3 (ATM 11/7/87,Art. 12). That change e rendered the use of
property ro perry non-conforming.
Site Plan Review
No alterations are being proposed to site and it was deemed by the Building Division and Planning
Division staff that Site Plan Review was not required because no changes are beingpr
oposed.p oposed. A copy of
the May 2000, site plan review approval has been entered into the file.
Suggested Conditions:
If the Board finds to grant the Special Permit,they may wish to consider the conditions similar to those
previously.imposed.
1. This permit is limited to five (5) guest bedrooms for not more than ten (10) lodgers. The property
shall be maintained in accordance with a Site Plan by Down Cape Engineering, Inc. for Jack Ferrell-
Acworth Inn dated 10/2/97 (Revised on 10/28/97).
2. The property shall conform to and be maintained in its existing condition with all requirements of
the Town of Barnstable Zoning Ordinance Section 3-1.1(3)(F) for Bed and Breakfasts,with the
exception of Subsection (b). The renting of five (5) bedrooms to a total of ten (10) lodgers shall be
permitted.
3. Signage shall not be internally illuminated and shall not exceed four sq. ft. in area. All signage must
be approved by the Old Kings Highway Historic District Committee.
4. The locus shall comply with all Town of Barnstable Building and Health Division Regulations
without variance from the Board of Health.
5. Exterior lighting shall be low level, and shall not cause its illumination to fall onto adjacent
properties.
6. 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.
7. This permit is restricted to the petitioners only. Upon transfer of title,this Special.Permit shall lapse
and the new owners will have to apply to the Zoning Board of Appeals for a new Special Permit.
Copies: Petitioner/Applicant
Attachments:
2
•
� r
75
: ■ABM8tA6tl. l�.f n
/
\ p
•
Town of Barnstable
Zoning Board of Appeals `" 2• 2J
Decision and Notice
Joan Tognacci-Appeal Number 2000-70
Modification of Special Permit 1999-27
Summary Granted with Conditions
Applicant: Joan Tognacci FILE COPY ONLY!
Property Address: 4352 Main Street(Route 6A),Bamstable, MA
Assessor's Map/Parcel: 351 -039 NOT RECORDED AT
Area: 0.31 acres
Zoning: RF-2, Residential F-2 Zoning District REGISTRY OF DEEDS
Groundwater Overlay: AP Aquifer Protection District
Background:
The property is a 0.31 acre parcel improved with a 21/2 story 2,570 sq. ft. 8 bedroom, bed and breakfast
commonly known as the Acworth Inn. The property is located in an RF-2 Residential F-2 Zoning District.
According to the Town of Barnstable Assessor's records, a portion of the original dwelling was constructed
around 1700. An accessory garage structure on the property was converted into living space and attached to
the main residence around 1989.
A lodging house has been operated at this site since approximately 1979, according to the Zoning Board of
Appeals records. The current Bed and Breakfast operation was recognized by the Board as a non-
conforming use and Special Permit 1998-27 was issued to the previous owners, Jack L. and Cheryl K. Ferrell
d/b/a The Acworth Inn. That permit was issued to operate a five(5)guest bedroom Bed and Breakfast for not
more than ten (10) lodgers.
Condition No. 7 restricted Special Permit 1998-27 to the petitioners Jack L. and Cheryl K. Ferrell d/b/a The
Acworth Inn, only. It further clarified that"upon transfer of title, this Special Permit shall lapse and the new
owners will have to apply to the Zoning Board of Appeals for a new Special Permit. " The new owner, Miss
Joan Tognacci, wishes to operate the inn. She sought a Special Permit in accordance with Section 4-4.5
Nonconforming Use.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on June 20,
2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all
abutters in accordance with MGL Chapter 40A. The hearing was opened August 16, 2000, at which time the
Board determined that this was a modification of an earlier special permit and found to allow the permit to be
transferred into Mss Joan Tognacci name along with all of the original conditions.
Hearing Summary:
Board Members hearing and deciding this appeal were Gail Nightingale, Dick Boy, Ralph Copeland, Gene
Burman and Chairman Ron Jansson. Miss Joan Tognacci represented herself in the proceedings. She
explained that she had purchased the property on June 21, 2000 and was operating under the license issued
to the Ferrell's and would now have to have the Special Permit also transferred into her name.
She stated that the inn would be run in the same quality and care shown by the previous owners. She had
spent some months before learning the business from them and also had a degree, background and
experience in the hospitality business.
•
• Findings of Fact: •
At the hearing of August 16, 2000, the Board unanimously found the following findings of fact:
1. The applicant is Joan Tognacci. The property is located at 4352 Main Street(Route 6A) Cummaquid,
Barnstable, MA, as shown on Assessor's Map 351, Parcel 039. The lot is 0.31 acres and is in an RF-2,
Residential F-2 Zoning District and AP Aquifer Protection District.
2. The property currently has a special permit as granted in Appeal No. 1998-27
3. The applicant is seeking to have that special permit transferred into her name. She is not seeking any
other changes.
4. The Board pervious found that the proposal fulfills the spirit and intent of the Zoning Ordinance and is not
detriment to the public good or the neighborhood affected. The same applies today:
5. The applicant has indicated that she is the owner of the property and will supply proof of that to the
Board's office.
Decision:
Based upon the findings a motion was duly made and seconded to grant a Modification of Special Permit
1998-27 with the following terms and conditions:
1. This permit is limited to five(5)guest bedrooms for not more than ten (10) lodgers. The property shall be
developed in accordance with a Site Plan by Down Cape Engineering, Inc. for Jack Ferrell-Acworth Inn
dated 10/2/97(Revised on 10/28/97).
2. The property shall conform to and be maintained in its existing condition with all requirements of the
Town of Barnstable Zoning Ordinance Section 3-1.1(3)(F)for Bed and Breakfasts,with the exception of
Subsection (b). The renting of five(5)bedrooms to a total of ten (10) lodgers shall be permitted.
3. Signage shall not be internally illuminated and shall not exceed four sq. ft. in area. All signage must be
approved by the Old Kings Highway Historic District Committee.
4. The locus shall comply with all Town of Barnstable Building and Health Division Regulations without
variance from the Board of Health.
5. Exterior lighting shall be low level, and shall not cause its illumination to fall onto adjacent properties.
6. 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.
7. This permit is restricted to the petitioners only. Upon transfer of title, this Special Permit shall lapse and
the new owners will have to apply to the Zoning Board of Appeals for a new Special Permit.
The Vote was as follows:
AYE: Gail Nightingale, Dick Boy, Ralph Copeland, Gene Burman and Chairman Ron Jansson
NAY: None
Ordered:
Special Permit Number 2000-70, has been Granted with Conditions. This decision must be recorded at the
Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year.
Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17,within twenty(20)
days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk.
Ron S. Ja" son, Ch.irman Date Signed
I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that
twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the
decision has been filed in the office of the Town Clerk.
Signed and sealed this C/ day of. % un r the pains and penalties of perjury.
Linda Hutchenrider, Town Clerk
2
RefNo mappar ownerl owner2 addr city state zip
70
1 350 003 001 KEENAN, RICHARD F & KEENAN, MARJORIE E 4333 MAIN ST RTE 6A YARMOUTHPORT MA 026791
$ 350 003 002 THOMPSON, PAUL M & SALLIE M P 0 BOX 91 CUMMAQUID MA 02637 ✓
• 350 004 JONES, BRUCE M & MARY ANN TRS 4317 MAIN ST YARMOUTHPORT MA 02675 ✓
• 350 010 KELLY, ELBA L %IVERSON, JEAN M TR 66 MARSTONS LANE YARMOUTHPORT MA 02675 ✓
a► 350 015 GRZYWOC, MITCHELL P & DONNA C 4351 ROUTE 6A CUMMAQUID MA 02637✓
' 350 016 BAUKUS, STANLEY W & VIRGINIA 15 MARSTONS LANE YARMOUTHPORT MA 02675
* 351 030 TOLAN, PETER J & LESLIE 1145 ARDEN RD PASADENA CA 91106 4e
a 351 031 JONES, FREDERICK B 4312 MAIN ST YARMOUTHPORT MA 02675/
351 032 DEVENEY, EDWARD I & PENELOPE L P 0 BOX 336 CUMMAQUID MA 02637✓
• 351 033 DONAHUE, JOHN F JR & MARILYN TRS THE 4340 MAIN ST NOMINEE TRUST 4340 MAIN ST CUMMAQUID MA 02637✓
* 351 034 CURTIN, KEVIN J & SUSAN M PO BOX 491 CUMMAQUID MA 02637✓
''. 351 035 MILHOLLAND, JOHN A & OLIVIA G P 0 BOX 421 CUMMAQUID MA 02637 ✓
• 351 036 MARTIN, PETER S & SIEGEL, ADRIEN P 0 BOX 280 BARNSTABLE MA 02630✓
* 351 037 FRATANTONIO, PHILIP M 26 RYDER LN BARNSTABLE MA 02630✓
• 351 038 EMERY, JAY W 18 RYDER LN YARMOUTHPORT MA 02675✓
• 351 039 FERRELL, JACK L & CHERYL K P 0 BOX 256 CUMMAQUID MA 02637 4,"
a 351 040 REIMER, JAMES T & DIANE M 26 MEDINAH DR YARMOUTHPORT MA 026751/
* 351 041 LATUS, JOHN M P 0 BOX 423 CUMMAQUID MA 02637 ✓
*' 351 042 VUILLEUMIER, MARION R & LOUIS E 579 BUCK ISLAND RD #147 WEST YARMOUTH MA 02673 ✓
•
I
1 k
2
THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
QUALITY ORIGINALS)
" AGE
DATA
r
s
.
II'� LEGAL NOTICES S
vitaF 0*.0 *t 060 0' tea19#8idet8`'eo.' }biE idpter
4OA of. _ •_ h mm41gnwea th i h9P.
-:2 4 f tit , --r.g 1 j. ' } 4.r -z. ..40.€�# s
• 7 45 4. �� • £ 41 sr &f
• _tip s preg60s y aic�vi . � ,'
•
el *0 40.10* = •
of •
}iPCa) ` t•( 4
itN d �' E: h .ij{i4 fcB�ti$snL�i T41,�b,
.- r it ziMa t ,--1 ..) °off ,i' .fit, 4. . .
P
:� e} I ga_, ..i .�BT �..yed y r� iI 1#1 1P2iS
'-:.''..'''. .''','±''-'''',,..! .' ..:' ...r.;;-.,,,,,,,,,,„,;. - : .... . 1 . : ' _ ,.\
n.•
,,,,,:k-"46-'i*'4'Arf,,i'' ''''-''""''tt-Pf"',.*:.,5.',',1$1,17',.'s. ,-_. *-.t#,',-,i'..;,.-;::-i*,„'.----.',
0
gs l ` i . rui(k i1 ` 0401.eitglp Oisttrtct. I
. .-— .,..•y:.a N ca'kisinf a Ditt 71 to'- 'three �•( g ns ex to
• size n tty4 frAss oeAap41e.f esSAandSd evthmdny-.
ad ,_ r ip 1.: a trtctt .Thee �i7� s e ► g0,40014A0000111900
•owili 36ZMain .r O .. - •S k l 141 Y Au � . f, p apdapp ons •
•ir
4 A
Rai_
3 'f f 44,1 , 1 ,fit l, ,ritiD t'€r,A
`* :lic it iitt tt,Y d 0.t.dff{1 i ?% tJ i io_
-r +0ctdn ;abaiettf3Aprie1S
€R 7f35J1ft `F3 il, ?,17 ibn' ctq!}7b y 'Ys' fiy ,i, a� i) !,) , h t f
Thet�le.patriot; f „+1` _/jyt
• • Ju�Y,�ft ?ccQ Pd, 0.9 .t 3f�6r
f i
TOWN CLERK
BARNSTABLE, MKT'
• t BARNS,ABIE.I`
1134 b;; ��� 202 MAY I q All I I: 36
fFD AAA A
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal 2002-43 - Callahan
Section 4-4.5 Non-conforming Uses
Transfer of an Existing Non-conforming Bed&Breakfast Special Permit to a New Owner
Summary: Granted with Conditions
Petitioner: Lisa Callahan
Property Address: (4352 Main Street,(Route 6A)Barnstable,MA, }
Assessor's Map/Parcel:—Map 351;Parcel`039
Zoning: Residential F-2 Zoning District
Relief Requested &Background
The applicant, Lisa Callahan is seeking to have an existing non-conforming Bed&Breakfast special
permit transferred into her name. The property is commonly known as the Acworth Inn, addressed 4352
Main Street (Route 6A), Cummaquid-Barnstable, MA. The facility is a five (5) bedrooms, ten (10) guests
inn. A sixth bedroom exists for the owners of the inri.
• In February of 1998,Jack L. and Cheryl K. Ferrell d/b/a The Acworth Inn were granted Special Permit
1998-27 to permit the operation of the Bed&Breakfast. The permit was issued as a non-conforming use
permit after the Board found that the business dated to 1979, and predated the 1987, change in the
ordinance that limited the number of rooms that could be rented to non-family members. In issuing the
permit,the Board limited it to the owners of the property and made it non-transferable without
permission from the Board. Condition 7 read:
"This permit is restricted to the petitioners only. Upon transfer of title, this Special Permit shall
lapse and the new owners will have to apply to the Zoning Board of Appeals for a new Special
Permit."
In June of 2000, Ms.Joan Tognacci applied for a modification of Special Permit 1998-27 to allow for the
transfer of the permit from Jack L. and Cheryl K. Ferrell to herself. In August of 2000,the Board granted
her request and issued a new permit under Ms Tognacci's name containing all of the previous restrictions
of the Ferrell's pef rnit. —-
v
The applicant Ms. Lisa Callahan is seeking a special permit to be transferred from Ms. Tognacci Ms
Callahan.
Procedural &Hearing Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
March 01, 2002. An extension of time for holding the hearing and for filing the decision was executed
• between the applicant and the Board. A public hearing before the Zoning Board of Appeals was duly
•
TO ALL NEW BUSINESS OWNERS
P in please:
I
lik‘
APPLICANT'S YOUR NAME: m
BUSINESS YOUR HOME ADDRESS: okra-Dv-.
ct"Ynnwn 'm2 0Ll -7
TELEPHONE Telephone Number (Home) zo? ( - 3S�
3
e
NAME OFNEW BUSINESS ���� �� s�� TYPE OF BUSINESS � '�'�-�t
,
HO E OCCUPATION? !� '�' �. .:
IS 'CHI$ A II_I�. . � :;:,�,��.,:;�..:.:.... _ .. .... �...���i .,� ::.
D : . & ii 14)., Jo�f�, ,C37�3 MAP/PARCEL NUMBER tk'+
ADDRESS QE BUSINESS �
When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of
Barnstable. This form is intended to assist you in obtaining the information you may need. Once you have obtained the required signatures,
listed below, you may apply for a business certificate at the Town Clerk's Office (1st floor-Town Hall).
1. GO TO BUI ' NG INSPECTOR' FFICE (4TH FLOOR TOWN HALL) of business.
This individual as been ' f f a per t equirements that pertain to this type
• / 1`
• rized Signature
COMMENTS: •
T _
2. GO TO BOARD OF HEALTH (3RD FLOOR TOWN HALL)
This individual has been informed of the permit requirements that pertain to this type of business.
•
Authorized Signature
COMMENTS:
3. GO TO CONSUMER AFFAIRS (LICENSING AUTHORITY) -(3RD FLOOR SCHOOL ADMINISTRATION BUILDING)
This individual has been informed of the licensing requirements that pertain to this type of business. •
•
Authorized Signature,,
COMMENTS:
wired signatures you must return to the Town Clerk's Office to obtain your business certificate (cost$20.00
there 9
obtainingqdoes notgive you
- , After
for 4 years). A business certificate ONLY REGISTERS YOUR NAME in the town (which you must do by M.G.L. it
permission to operate -you must get that through completion of the processes from the various departments involved.
Town of Barnstable
Planning Department
Staff Report
Joan Tognacci-Appeal Number 2000-70
Special Permit-Section 4-4.5 Nonconforming Use.
Date: August 03, 2000
To: Zoning Board of Appeals
LL h
Approved By: Jac ueline Etsten, Interim Director
Drafted By: Art Traczyk, Principal Planner
Applicant: Joan Tognacci
Property Address: 4352 Main Street(Route 6A), Barnstable, MA
Assessor's Map/Parcel: 351 -039
Area: 0.31 acres
Zoning: RF-2, Residential F-2 Zoning District
Groundwater Overlay: AP Aquifer Protection District
Filed:June 20,2000 Hearing:August 16,2000 Decision Due:November 13,2000
Standing:
The application indicates that the applicant, Joan Tognacci, has recently purchased the property. The
change in ownership is not shown in the Assessor's records and the applicant should be prepared to
substantiate ownership in order to avoid any question about standing before the Board on these appeals.
Background:
The property is a 0.31 acre parcel improved with a 2 1/2 story 2,570 sq. ft. 8 bedroom, bed and breakfast
commonly known as the Acworth Inn. The property is located in an RF-2 Residential F-2 Zoning District.
According to the Town of Barnstable Assessor's records, a portion of the original dwelling was constructed
around 1700. An accessory garage structure on the property was converted into living space and attached to
the main residence around 1989.
Staff Review/Comments:
A lodging house has been operated at this site since approximately 1979, according to the Zoning Board of
Appeals records. The renting of rooms to no more than 6 lodgers at any one time was permitted by the 1979
Zoning By-law. In 1987, the number of rooms rented to non-family members as an accessory use to a
single-family dwelling changed from 6 to 3 (ATM 11/7/87,Art. 12). The current Bed and Breakfast operation
was recognized by the Board as a non-conforming use and a Special Permit was issued to the previous
owners, Jack L. and Cheryl K. Ferrell d/b/a The Acworth Inn, in 1989. That permit was issued to operate a
five(5)guest bedroom Bed and Breakfast for not more than ten (10) lodgers.
Condition No. 7 of that Special Permit reads:
"7. This permit is restricted to the petitioners only. Upon transfer of title, this Special Permit shall
lapse and the new owners will have to apply to the Zoning Board of Appeals for a new Special
Permit. "
That condition limited the permit to the Ferrells only. The new owner wishes to operate the inn and is
seeking a Special Permit in accordance with Section 4-4.5 Nonconforming Use.
The previous Special Permit also conditioned the operation of the inn in accordance with the Zoning
restriction of Bed and Breakfast-Section 3-1.1(3)(F). A copy of which is attached along with the previous
Permit 1998-27.
Town of Barnstable-Planning Division-Staff Report •
Joan Tognacci-Appeal Number 2000-70
Special Permit-Section 4-4.5 Nonconforming Use.
Site Plan Review
On May 25, 2000, a Site Plan for this property was found approvable and forwarded to the Zoning Board of
Appeals. This plan is identical to that approved with the Farrells Special Permit 1998 and no changes have
occurred with respect to the plan.
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 25, 2000 by Site Plan Review Committee-as Site Plan Review No. 078-
2000), 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 of the neighborhood
affected.
Suggested Conditions:
If the Board finds to grant the Special Permit, they may wish to consider the conditions similar to those
previously imposed.
1. This permit is limited to five(5)guest bedrooms for not more than ten (10) lodgers. The property shall be
maintained in accordance with a Site Plan by Down Cape Engineering, Inc. for Jack Ferrell-Acworth Inn
dated 10/2/97 (Revised on 10/28/97).
2. The property shall conform to and be maintained in its existing condition with all requirements of the
Town of Barnstable Zoning Ordinance Section 3-1.1(3)(F)for Bed and Breakfasts, with the exception of
Subsection (b). The renting of five(5) bedrooms to a total of ten (10) lodgers shall be permitted.
3. Signage shall not be internally illuminated and shall not exceed four sq. ft. in area. All signage must be
approved by the Old Kings Highway Historic District Committee.
4. The locus shall comply with all Town of Barnstable Building and Health Division Regulations without
variance from the Board of Health.
5. Exterior lighting shall be low level, and shall not cause its illumination to fall onto adjacent properties.
6. 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.
7. This permit is restricted to the petitioners only. Upon transfer of title, this Special Permit shall lapse and
the new owners will have to apply to the Zoning Board of Appeals for a new Special Permit.
Attachments: copies: Applicant/Petitioner
•
tl
Town of Barnstable-Planning Division-Staff Report
Joan Tognacci-Appeal Number 2000-70
Special Permit-Section 4-4.5 Nonconforming Use.
F) 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)
3
ZDMNC
BEr„PcE47,4Z�gp G so"
u
TOWN OF BARNSTABLE r`r)r�,C SOP OPP! M 2i p, I 1
Zoning Board o s,pea1s -VC _'•,�EFG 9
Application rf '.� 'clmet
LirVN of i 4
Date Received • p =
Town Clerk 0 •► R �+ : �) ��. 2� ��� �� 25 For office use only:
15 IS Appeal #�-70
O F Bearing Date 8/6
Decision Due )/-,'
16. 2 ®. '
The undersi• !'ed hereby applies o" 0e Zoning Board of Appeals for a special
Permit, in $e •.r 0 . • a asons hereinafter set forth:
ZONING BOARD OFF
Applicant Name: -1 c 3 v --V� (‘Q, , Phone 201-441-3,5(-(3
Applicant Address• 4 C\ ,�-N MAY- f7G U}
Property-Location: Lea `f \,,x� - ,r
Property Owner: V,pu, , ('\et-A\ c f[ Q.\\ , Phone 6M-? -3330
Address of Owner: S a 'Mo.iv.. , ie'(lvuls ,-,\t;,Yv�(`�02103-7
If applicant differs from owner, state nature of interests
CPr(P\\S. k►3c,W%\lam ;--r-Ar po ir5 i v-N, 01f-2.
Number of Team Owned: Ferre,\Ls-- ..
Assessor•s Map/Parcel Number: 3, 1 /3
Zoning District: 1 , Z
Groundwater Overlay District: "C:'
Special Permit Requested: .,9�0t-Q.-4;t1c'‘,• r - J-orr. CSC_, c�oegt rbbr-.S�,�
(rite Sectidn & Title of the.'Zoning Orrdinance
Description of Activity/Reason for Request: "T Q,r„, (h)rrarc.SEO - .p
irnt
oar., \ouY(vx e,S3 .,.:i,\\_cam.. %:w•ae,- e, aroAe, V\ o.S c-, S �tle Vbo r,-,, 1
kJ
Description of Construction Activity (if applicable) : \\0K3._
Proposed Gross Floor Area to be Added: , Altered:
Existing Level of Development of the Property -Number of Buildings:
Present Ilse(s) : s(�rery‘crmN. '} Area:
Gross Floor ash O sq. ft.
• V450 - 10
o ; o
OP 351
6 6 51
- ` \I
..';' n,'
- .......C....1..
j' #4390
0 1
' O
�¢ MAP351 tl
2
r
��,_ - MP•
o •• 300 FT. BU ER
AMP 351
28 •
4 t 1
1
is...• 1.
C.:1:3- . •
• :• Of r .
•
a
U
'---- --..... 114.74 .'t'.'';"Vt5;4-, ... ,' .: ;
"1.11.11.11111111111.111, - '" -..,.,. -..z ' ..'.7.-,41,,4 ' 1 ,. . •
Ill 1 ......p; —r_________ .o0 ,,, , —
' __. __ • •MAP ,
,.,
-74
O ' 2
, J ,
•
M0P 350 � .,
49 NAP35a
#4305 3.-. r5.•- / 375 #49
•
,.
•
i Wit
L.,,„....., , N
-',ut. 1
sa : °_ig� MAP 351 PARCEL 39 W F E
l
S
*NOTE: Planimetrics,topography,and **NOTE: The parcel lines are only graphic representations DATA SOURCES: Planimetrics(mon-mode features)were interpreted from 1995 aerial photographs by The James
vegetation were mapped to meet National of property boundaries. They are not true locations,and W.Sewall Company. Topography and vegetation were interpreted from 1989 aerial photographs by GEOD
Map Accuracy Standards at a scale of do not represent actual relationships to physical objects Corporation. Plonimetrics,topography,and vegetation were mapped to meet Notional Map Accuracy Standards
1"=100'. on the map. at a scale of 1"=100'. Parcel lines were digitized from 2000 Town of Barnstable Assessor's tax mops.
...\gisxtl\barn\dgn\m351039.dgn Jul. 25, 2000 11:17:22
SPR Meeting Notes
4.
05/25/2000
Site Plan Review.Meeting of May 25,2000
2nd Floor Hearing Room
Barnstable Town Hall
367 Main Street,Hyannis
Present: Ralph Crossen, Building Commissioner, Arthur Traczyk, Principal
Planner, Thomas McKean, Director of Health, Steve Pisch, Engineer, FPO
Martin MacNeely. Also in attendance were Dr. Lorraine Lewis, William
• Gulliver, Evelyn Colbum, Francine Catalano,Al Nydam,Joan Tagnucci,
Stacy Granoulis, Dana Granoulis,Joe Daluze, Steven Vages,
This meeting was called to order at 9:05 AM and adjourned at 11:15 AM.
SPR 78-00 Acworth Inn,4352 Main St.,Barnstable R351-039
Joan Tagnucci appeared before the panel seeking approval to continue operating a 5 guest
room inn on Route 6A. Ms. Tagnucci intends to purchase the bed& breakfast in June.
No amendments to the facility or operation is proposed.
Planning commented that the inn is currently operating under a special permit pertaining
to the current owner. Mr. Trayczk advised the applicant to file with the ZBA in order to
transfer the special permit.
Engineering discussed the parking layout. There are 5 stalls along the right of way and
two in front of the house. There is room for vehicles to maneuver without backing out
into the street. Engineering was satisfied.
Health inquired about the rubbish disposal method. Barrels are outside, screened by
shrubs. Mr. McKean also inquired about oil tanks. It was revealed that there is a new oil
tank inside perched on a cement floor. Ultimately,the prospective owner indicated that
she may decide to convert to natural gas.
Discussion ensured and it was determined that the applicant intends to preserve the entire
site and operation as is including the name and signage
Conclusion: Approved. This application was referred to the ZBA.
•
v -f C - '.t
/-I 'raj.
EMINBTABUrr
Woho.
'98 MAR 10 2�1
Town of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal Number 1998-27-Ferrell •
Special Permit-Section 4-4.5(2) -Expansion of a Pre-Existing Nonconforming Use
Summary Granted with Conditions
Applicant: Jack L.and Cheryl K. Ferrell d/b/a The Acworth Inn
Property Address: 4352 Main Street(Route 6A),Cummaquid-Barnstable, MA
Assessor's Map/Parcel Map 351, Parcel 039 Area .31 acres
Building Area: 2,570 sq.ft.
Zoning: RF-2 Residential F-2 Zoning District
Groundwater Overlay: AP Aquifer Protection District
Background:
The property is a 0.31 acre parcel improved with a 2 1/2 story 2,570 sq. ft,. 8 bedroom single-family
residence. According to the assessor's records the original portion of the residence was constructed
around 1700. An accessory garage structure on the property was converted into living space and
attached to the main residence around 1989. The property is located in an RF-2 Residential F-2 Zoning
District.
A lodging house has been operated at this site since approximately 1979, according to Zoning Board of
Appeals records. The renting of rooms to no more than 6 lodgers at any one time was permitted by the
1979 Zoning By-law. In 1987, the number of rooms rentable to non-family members as an accessory use
to single-family dwellings changed from 6 to 3 (ATM 11/7/87, Art. 12). The current Bed and Breakfast
regulations were passed by Town Council on February 20, 1997.
The applicants now want to expand their current operation. They are applying for a special permit for the
expansion of a pre-existing nonconforming use to allow a Bed and Breakfast for up to twelve(12)guests
in six(6) bedrooms.
Zoning File History:
Appeal No. 1982-53 was a petition for enforcement action on the conversion of a garage to habitable living
space. The property was zoned RF-2 at that time. A prior owner of the property, Mrs. Gould, operated a
guest house for approximately 3 years prior to this appeal. The Board found the locus contained two
structures, a single-family detached dwelling and an accessory garage structure. The Board also found
that the renting of rooms for up to six lodgers by a family resident in a single-family dwelling was a
permitted use in an RF-2 Residential F-2 Zoning District, but the conversion of a detached garage to
habitable living space was not permitted. The Board requested that the Building Inspector take action to
enforce the provisions of the zoning by-laws so that the garage structure be used as an accessory
building only.
Appeal No. 1989-44 appealed a decision of the Building Commissioner to issue a building permit to
Richard Smedberg, the owner of the property, to convert a free-standing garage into two bedrooms, each
with a half-bath and to attach such structure to the main residence. The applicants in this appeal lived on
an adjacent lot and contended that Mr. Smedberg needed a special permit to extend an existing
nonconforming structure and use. The Building Commissioner contended that Mr. Smedberg had a
license to operate a lodging house for up to six lodgers and, therefore, there was no extension of use and
•
Town of Barnstable-Zoning board of Appeals-Decision and Notice
Appeal Number 1998-27-Ferrell
Special Permit-Section 4-4.5(2)-Expansion of a Pre-Existing Nonconforming Use
he had a right to convert and attach the garage to his house with a building permit. The Board upheld the
decision of the Building Commissioner.
Procedural Summary:
This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on
October 31, 1997.A 60 day extension of time for holding the public hearing and filing of the decision was
executed by the applicant and Board Chairman. A public hearing before the Zoning Board of Appeals
was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing
was opened February 11, 1998 and continued to February 25, 1998, at which time the Board granted to
expand of the non-conforming use to permit 10 lodgers in 5 rooms with conditions.
Hearing Summary:
Board Members hearing and deciding this appeal were Gail Nightingale, Ron Jansson, David Rice,
Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Philip Magnuson represented the applicants,
Jack and Cheryl Ferrell,who were present.
Attorney Magnuson submitted a memorandum to the file. Mr. Magnuson reported the applicants have
owned and operated the Acworth Inn as a six room, 12 guest Bed and Breakfast, since they bought the
property in 1994. It was when they went to renew their lodging house license in 1997, that they were told
the use may be illegal.
As to the historyof this site, the roe has been used as a lodging house since at least 1980. In Appeal
property rty 9 9 PP
Number 1982-53, the Zoning Board of Appeals found that six lodgers were then permitted. In September
of 1984, the owner operated the premises as a lodging house for up to six lodgers. In 1988, the owner
rented five rooms. In October 1988,the owner at that time, received a building permit to create two
additional guest rooms in the existing garage. Because of that addition, there was a Zoning Board of
Appeals hearing in 1989. In Appeal Number 1989-44, the Zoning Board of Appeals upheld the Building
Inspector and found that the renting to up to six lodgers was a valid use.
The subject property was built before 1866, according to the Massachusetts Historical Commission and
prior to 1987, the renting of rooms to no more than six people was allowed as a matter-of-right in this
district. Therefore, the property is grandfathered as a pre-existing nonconforming use for the rental of
rooms to up to six lodgers. The applicant is seeking relief pursuant to Section 4-4.5(2) of the Zoning
Ordinance to expand that grandfathered use for six guests to allow the operation of a Bed and Breakfast
for up to twelve guests in six bedrooms. There will be no construction work or expansion of the existing
use. This Special Permit is to legalize the use which has been in place since the applicants bought the
property.
Attorney Magnuson submitted two letters of support to the file from abutters. One letter was from Gary
and Faye Andrashko and one letter was from Kevin Curtin.
Mr. Magnuson explained that applicant has been to Site Plan Review and received Site Plan Review
Approval on November 03, 1997.
This site meets all the criteria for expansion of a pre-existing nonconforming use under.Section 4-4.5(2)of
the Zoning Ordinance. The use is consistent with the neighborhood. The present structure-the old
garage-does not meet the side yard setback. The structure itself has been there since the 1860's. In
Appeal Number 1989-44, the Zoning Board of Appeals determined the two bedrooms in the former garage
could be used as rental bedrooms for two or four people. Therefore, the applicant is not expanding the
use into the setback but merely changing the use allowed within the interior of the structure.
•
The Board expressed concerns with the fact that the site is less than '/3 of an acre and not connected to
town sewer. There was a concern for the groundwater with the expansion from six lodger to twelve
lodgers, plus the family, living on this small site. Attorney Magnuson cited that a Title V Septic System was
installed in 1992. The Board questioned if that system was installed to meet the expanded use.
2
fl
Town of Bamstable-Zoning Board of Appeals-Decision and Notice
Appeal Number 1998-27-Ferrell
Special Permit-Section 4-4.5(2)-Expansion of a Pre-Existing Nonconforming Use
Public Comments: No one spoke in favor or in opposition to this appeal.
The Board determined that it would seek the opinion of the Health Agent with regard to the septic system
and requested a letter be sent to Thomas McKean, Director of the Health Division, regarding his findings
on this site with regard to its septic system. It was determined to continue this appeal to February 25,
1998. .
At the February 25, 1998 continuation,Attorney Magnuson reviewed the letter from Tom McKean, Director
of the Health Division,which states that the septic system at this property is designed to handle six
bedrooms. As a result of this information, Mr. Magnuson submitted a letter to the Board which states the
Ferrells would like to amend their Special Permit request from six(6)guest rooms to five(5) guest rooms
with ten (10) lodgers. The total bedroom count would be six and the property would be in compliance with
Mr. McKean's letter. There are now seven bedrooms and the applicants will structurally change one of the
bedrooms to reduce the total bedroom count to six. There is a living room and a gathering room, but they
are constructed in such a way that they can not be used for sleeping quarters.
Findings of Fact:
At the Hearing of February 25, 1998, the Board unanimously found the following findings of fact as related
to Appeal No. 1998-27:
1. The applicants are Jack L. and Cheryl K. Ferrell d/b/a The Acworth Inn. The property is located at
4352 Main Street(Route 6A)Cummaquid- Barnstable, MA, as shown on Assessor's Map 351, Parcel
039.
2. The applicants are requesting an expansion of a pre-existing nonconforming use pursuant to Section
4-4.5(2) of the Zoning Ordinance.
3. A lodging house has been operated at this site since approximately 1979. The renting of rooms to not
more than six(6) lodgers at any one time was permitted by the 1979 Zoning By-law.
4. In 1987, the number of rooms rentable to non-family members as an accessory use to single-family
dwellings changed from six to three.
5. Therefore, this use is a pre-existing nonconforming use.
6. The applicant received Site Plan Review Approval on October 23, 1997.
7. The proposed use has not expanded beyond the zoning district in existence on the date it became
nonconforming.
8. The proposed use and expansion is on the same lot as occupied by the nonconforming use on the
date it became nonconforming.
9. The proposed use conforms to the established setbacks for the zoning district. The building has not
been altered.
10. The site has an approved septic system that would allow for up to five(5)guest bedrooms and ten
(10) lodgers, as certified by the Board of Health in a letter dated February 19, 1998 from Thomas A.
McKean, Director of Public Health.
11. The petitioner has reduced the Special Permit request from six guest bedrooms to five guest
bedrooms.
12. After evaluating 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.
Decision:
Based upon the findings a motion was duly made and seconded to grant the Petitioner a Special Permit
pursuant to Section 4-4.5(2)with the following terms and conditions:
1. This permit is limited to five(5) guest bedrooms for not more than ten (10) lodgers. Proper alterations
are to be made to eliminate the sixth guest bedroom. This work must be approved by the Building
Commissioner and the Board of Health. With the exception of this change, the property shall be
3
Town of Barnstable-Zoning bv,rrd of Appeals-Decision and Notice
Appeal Number 1998-27-Ferrell
Special Permit-Section 4-4.5(2)-Expansion of a Pre-Existing Nonconforming Use
developed in accordance with a Site Plan by Down Cape Engineering, Inc. for Jack Ferrell-Acworth
Inn dated 10/2/97(Revised on 10/28/97).
2. The property shall conform to and be maintained in its existing condition with all requirements of the
Town of Barnstable Zoning Ordinance Section 3-1.1(3)(F)for Bed and Breakfasts, with the exception
of Subsection (b). The renting of five(5) bedrooms to a total of ten (10) lodgers shall be permitted.
3. Signage shall not be internally illuminated and shall not exceed four sq. ft. in area. All signage must
be approved by the Old Kings Highway Historic District Committee.
4. The locus shall comply with all Town of Barnstable Building and Health Division Regulations without
variance from the Board of Health.
5. Exterior lighting shall be low level, and shall not cause its illumination to fall onto adjacent properties.
6. 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.
7. This permit is restricted to the petitioners only. Upon transfer of title, this Special Permit shall lapse
and the new owners will have to apply to the Zoning Board of Appeals for a new Special Permit.
The Vote was as follows:
AYE: Ron Jansson, Gail Nightingale, Elizabeth Nilsson, David Rice, and Chairman Emmett Glynn
NAY: None
Order:
Special Permit Number 1998-27, has been granted with conditions.
This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this
decision must be exercised in one year.
Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty
(20) •-ys after the date of the filing of this decision. A copy of which must be filed in the office of the Town
/Cle '.
!
7/.mAiri.,, _ 3 -/0 -, 1998
mmett Glynn, Chairman / Date Signed
I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify
that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no
appeal of the decision has been filed in the office of the Town Clerk.
Signed and sealed this % day of 1998 r the p ins and penalties of perjury.
•
Linda Hutchenrider, Town Clerk
4
1 / N/F
/
FRANK D. I
PARCEL
/
/ 2()' CROWN
/ SPRUCE TREE
LOT3
ARKING SPACES PARKING SPACES (34.9)
PACES SHOWN L )
LOT 1A 9J
J 73,495t S0. FT. ' fr'
1 ' •"J . APPROX
/ i:...tI•..s.ft,+0....1 i1•1 1 1.:k•...S'••...cos'.i
; .jir-5
At"
to
O
0 . ' sEPnc F
:*2 moo'.
. ,,�+ A • d � GARDEN
�P k v. 'EX/ • 3 •\ 49
STON •
6 / PARKING..
PRBP@3EB' � . 4 . \ SHED
4
PARKING—SPACE G .
\ ‘NIIIIIII S 6' N7DE g'1 �-�
• ` HEDGE \�
e / �-�_` GARDENS 6
0 % • LAMP36,
DECK
8' WIDE /I' • ?�.
e. 1..."."'..-7/
HEOOF_ ,; `'A` ,r' \t1
l? +, m le
\V 6:01,
�` • EOM aA �A‘4.
1
M J. •,\. rcv Ci
co
8 ,
AO,ts, t.e. • • • • N
WAUC
1ND LIGHTS `� ( ( 1 • • ty0' .% 4 / 49DE
Np ) LOT 2A
• OSED
4,�" � .DIVE
, % "�. 18' RO I '.
"�� 'Ls )18PR' CREOWN TREE
J SUC
\ •
<C% %
61.
I"` 18' CROWN
���� TREE
ACWORTH INN' \
SIGN v.J
f
•!�'�1HOf'�Ss�'
i >�Y
0 mamas co
{
TIMOTHY . COVELL, PLS DATE
LICENSING AUTHORITY
367 Main Street
Hyannis, MA 02601
Licensed Premises Zoning Approvals
To All Applicants: Zoning approval MUST be obtained BEFORE an application
can be accepted by this office . Fully dimensional floor plans , with
egresses, fixtures and furniture marked, must be submitted to the Building
Commissioner's Office, along with a fully dimensional parking plan, prior
to, or along with, this document . Plans must be initialed by the Building
Department and submitted along with this form,. completed and signed by the
Building Commissioner or his representative, to the Town Manager 's Office
with a completed Licensing Application. No applications for a license or
hearings on a license application will be accepted or scheduled until the
above requirements are met.
To Be Filled Out By Applicant:
Uses/License Applied For k..N>n
Location �� '� p� �C1�-�V� iC _ ► �1 -- ����P,'
Business Name s Thv\
Business Owner\)( ‘". `u\. \eav-,10�,t
Address Tel: ? 3330
Property Owner naN)
Town of Barnstable Map(s) and Parcel ( s) No( s) 3 V ) 0 3
List All Uses Of:
Basement (Area) First Flr (Area)
Second (Area) Third (Area)
Fourth (Area) Roof (Area)
Decks, Patios, etc. (Area)
Date Signature of Applicant
To be completed by Building Commissioner's Office: Zoning Dist.
Are the above uses permitted NO
Legal Nonconforming Use Please ES c‘44-0�4T NO
Variance Granted Circle YES (NO
Special Permit Granted NO
Total number of occupants permitted //9 /0444> ;=
Total number of parking spaces exclusivel'' dedicated to the proposed
business use and available at all times when business is to be
operated. 7
Signature of Building Official Date ira/P.
/licapp 0
y/yi/jyJIOJp^5I¥^i(\
Joseph D.DaLuz ^^^\^telephonei 778.1 lao
Building Commimener EXT.107
TOWN OF BARNSTABLE
Building Inspector
TOWN OFFICE BUILDING
HYANNIS,MASS.02601
December 1,1982
Ms-Nancy G.Phinney,Esq.
10 East Main Street
Hyannis,Mass.02601
Dear Attorney Phinney;
I wish to refer to your letter dated November 22,1982,concerning the
Gould matter.First,I must acknowledge that I understand the procedure
and methods used in defending a client or clients.However,when attempt
ing to do so at my expense,I have a tendency to make my position very
clear.
First of all,I find your letter to be most inaccurate.In your first
paragraph you state that the Board of Appeals requested the removal of
the attachment between the buildings.That is incorrect.There are many
roof attachments connecting dwelling and accessory buildings.Although I -
asked.Mrs.Gould to remove the structure the.very next morning,she could
have kept it as-built.The Board of Appeals'only concern is the use of
the building,not the type of construction.You might also be interested
in the date of the decision -August 30th -eleven (11)days after the
removalI
The question of the sign is also one I shall .address.I interpret your
hand-carried letter of November 1st as a threat if I did not respond to
yoiir demands by your selected date of November 4th.Let me assure you
that I do not respond to.threats.The fact of the matter is that on
October 22,1982 a letter was sent to Mrs.Gould requesting the removal
of her sign,after consultation with Town Counsel and the Board of Selectmen.
The sign was also approved after consulting with Town Counsel.
Comments such as I am "partial to,and approve of Mrs.Gould's activities
regarding her use of the property as a guest house"can only be answered :
with a comment that she,as well as any other citizen,is entitled to
what is legally right.
The final-paragraph concerning letters by your clients citing "what they : .
believe are building code and/or zoning by-law violations"are certainly
their understanding of the law.I just have a different view,consider
ing that I deal with such matters on a daily basis.
Town of Barnstable
Building Inspector -2-
Finally,let me make one thing clear to you.As you are your clients*
attorney,so am I the enforcing officer for the Town,
Since you are the attorney on the Gould matter,may I advise you that
I have inspected the Gould property and find that it is in compliance.
cc:Board of Selectmen
Town Counsel
Zoning Board of Appeals
Peace,
roseph D,DaLuz
Building Commissioner
r n TOWN OF BARNSTABLE
BUILDING DEPARTMENT
367 MAIN STREET HYANNIS,MA 02m
Phone:776-1120
Chief William A.Jones
Barnstable Fire Department
Bams table,
L J
SUBJECT:PRISCHIA GOUU)/U®GING HOUSE
October 14,1982 MESSAGE
Would like to have you attaad meeting re Priscilla Gould's Lodging House with
Board of Selectmen, Mrs.Gould,Inspectors and interested parties at 3:00 p.m.
October 19th (TXies^).Meeting to be held at Tcwn Hall,
Would like to talk witdi you prior to tte meeting.Please call me.
REPLY
siGrt^
Jof^^ph DaLuz,Building Conmissiciier
•i
•.
RECIPIENT:RETAIN WHITE COPY,RETURN PINK COPY
PRINTED IN U.giA.
SENDER;SNAP OUT YELLOW COPY ONLY.SEND WHITE AND PINK COPIES WITH CARBON INTACT./