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1360 MARY DUNN ROAD (2)
p a. :;- �, ,: ' .. _ 'F .. ' r .. I !i - � - �.. l � �� � c _ //� _ - � - � -j t ,4 � Y _ . r ,�� - �� _ � e ., ._ F� t. .� - ,. i a <.t p ,;a - - .. _ � �. - I ,. (� - I _ TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map .j 7 Parcel �l S Permit# (n e7j420 _ Health Division -moo Date Issued JD ;0,2 Conservation Divisio n Fee 'C �Q Tax Collector Treasurer 3 Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address zip" VillageG��� Owner9tya C Address 120 (Mm YW, Telephone 7S40 �=0 Permit Request 6 mT4 U U Square feet. 1st floor: existing proposed 2nd floor: existing proposed Total new Valuation T,� O qd Zoning District Flood Plain Groundwater Overlay 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 ❑Oil ❑ Electric ❑Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: Cl 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: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use BUILDEA INFORMATION / Name Telephone Number Address License# n ��. Home Improvement Contractor# �d ja2 Worker's Compensation# 7� � — ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO i SIGNATURE DATE zI-- �� - FOR OFFICIAL USE ONLY ' l 5 ,PERMIT-NO. DATE ISSUED MAP/PARCEL NO. f ADDRESS+ _ VILLAGE r t OWNER r_ DATE OF INSPECTION:1 FOUNDATION FRAME INSULATION FIREPLACE y ELECTRICAL: ROUGH FINAL, PLUMBING: ROUGH .FINAL GAS: ROUGH FINAL f FINAL BUILDING " DATE CLOSED OUT ASSOCIATION PLAN NO. s i i Yr i i F) - r q The Town of Barnstable Regulatory Services Thomas F. Geiler, Director Building Division Peter F. DiMatteo, Building Commissioner 200 Main Street,Hyannis MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. /,� � 4- 4:�W Type of Work: Estimated Cost �U 00 Address of Work: ✓h Owner's Name: Date of Application:__ I hereby certify that: Registration is not required for.the following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied ❑Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH`UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name 6/gistration No. OR q:forms:Affidav :rev-122001 r�ox :aita/Do .r..minl o m..cs oI caul.Ic n[wICI.A: slcuricc nLIAt[.u.n.a uuaA AII[m.urluucc ' i•JAT T.R( rA A[us[A rw A.r rwres[. +,�■ 3 1 I 2Vl' - ®ISEE'.ELT--IDl2 5. � PLANS FOR LOCATIONS 1 2• D OTHER RFY$NBRACE I 11 14 GA.GAW.STEEL _ ^ I PANEL STARRASSE� $-3A3'A 11ACNN'c F DIAGONAL BRACE um 2�'� Miv� �i-TFµD 20 MR-TNIOOE53 L Ids R6¢GAGNY.[.` / �1 VNYL LDIER L SER.13/2 AND TYnrs' E-F"RICATED PLANS FOR LOCATICNS $T41R ASQIH.7 5-wit*Y.DOLTS� �OTNER ITEMSN BRAS STAIR tJE NUTS AND WA9EYB 1 TIP. PRE-FABRICATED ( 20 NL7MCKNE3S 20 YLTIDOD6+' STUB ASSEMBLY VINYL Lva)l 'LI1Ep STAIR LDE GA.GALV STEEL STAM LIB r .� Ililf 2�S y� CORNER FFINEL �A wAS. TIP.EA . PANEL END . SERIES 550 6 650 STAIR CORNER I SERIES 750 STAIR CORNER r1 SERIES 850r950 61050 STAIR CORNER n I E PUMPANiY A YOTGR� SNREEA 3 3 ON - -� 'A'iRAYE ASSEMBLY 2 0 �= FLIER , 2 I FLIER •`4 —f 2 i' LTYRCaL MfE7tE SNOM1 _ RENFN 1 FD.TE —�—.--�— � � I f�.� n I INE Er- FERYAIENTLY i YY y.FRAJAE - ! ♦ TTACNEL ETURN J �-*mq y PEIe.AFe7FrLT s 1 T }1 p s�A�„�L■E I r ` i( (� ''. SIIPOR iO eS 5•u +r`... ' .['! rSF ATE T PI1..P AND 9 2 k 5 . E j YOTOR �I ,1 m • FL/?YEAj�jyf, �- �J ny>",. — Iifl-(Yl ; .. ''* .. rim co A 1 `..�..• I5 - 'r AREA$ TS Ilo- SUNF AREA 0 L — tZ•2! sE Z@OGAL-CAP 6O''ATID°T I I .'�'° :" �NIrOAE7t DD SIZE SIIOw1��ISK32 so B."SE$WF.AREA6 IG8000ALCAP Z, ♦ R£T�N ..�F, V . IB[SG fi91 SF SLIFEAREA L 2pO LGAP . 2040•$S&SF $IRE AREAL 2D344 GAL.CAP L--- -- z to 3 SERIES 2000 6 2050 INGROUND A'FRAME AssEYBLr ' D TYPICAL WNERE$Mown _ p RIM, SIZE SHOWN•1044 734 BE SIIRFAREAFS24000 GAL-CAPtµ{_ PEFwAFonsx ATTUO '1 . p m LTER MOTOR SDURS AM OPTIO SAFE"LM T-{— -- � ••tni T RETUN SERIES 2100 8 2150 INGROUND'\ saE sIWN re O .2G.3e EL azz SE suW.REw 1 /"�..- 6 26928 GAL-GP Z L�STAs15 ARE SERIES 2000•6 2050 INGROUND 111III000OOOPPPPPPTwNAL ® ♦ PERMANENTLY ATTACHED $APETT LIE rofTlola s , vttlG RFLaEPRESENTS .y+ ':.: E,T'�j '�Ap•1s Iin RETMN 'e'FCALIE HERE S" I.♦_--i'—� . 2 rrPlr••, WE sNowN SIZE SN0—IG.3r$CAT SE LRE AFEAG 2OT20 GAL CAP PrT�• ALSO APAa r•W-41'713 SF SIR F.AREAL249W CAL.CAP 2W 1.T D3$ SF SURF.AREAL MZ5 GAL CAP SERIES 2100 8 2150 INGROUND 18 x 3 6' Rectangle 6 STEP 2 UNIT 4 g 8 — 8 18' LIGHT PANEL 2 10, / P OPTION 2 cJ 4' 8 5 4 g 8 8 8 - 36' 8, WATER DEPTH MUST BE MINIMUM"i 61, 12"MINIMUM i PREPARED BOTTOM TYPICAL CORNER RECTANGULAR FILLER 05180. PACER RADIUS— FILLER 05181 TOn;poolswith••�th� c�East"i�c s A=fFatKte rs fequlEed on each�srde�'ct�'u� >� 4LAYOUT COPIN 6 w/Center Stairs onig�n�r ur6 rtablcrs a minim i of¢6eto�q the propo�sea f8itshye �2Bacl�titLyvil(rtleaneacth:freeofmotsgnddeGns Deoo a3lowtfieir�g(�rof5a�cldi� 12 12 :x 36w/Side Stairs r� a 4-RADiuSCRDESCRIPTION FART# ar eter 5-12'SECTION PLAIN PANEL SKIMMER PANE4-8'SECTION 05104FRETIIRNEL 05108 fLAIN PANEL 05112 . nB e%n° ,�.!8 aPkrournaie C�SWsma on - 2 5'PLAIN PANEL ropaift,xad�os2 xr 2 2 :2 4'PLAIN PANEL 05118 eantr. a TrtesCar ADJU$TAB:LEA-FRAME 05123 ti �` 3'PLAIN PANEL nnlYT; tffcrentodS aml Pieeang"uons'maybe d�ctatedy vnoils' somii�ons 12 lm? fodeteAmm�edb3t �espovs�6lttyofthebc ntraciprwhq`u ''agenc$fthe 2 1 3 2'.PLAIN PANEL 05129 1'PLAIN PANEL accordanev w,u�all few {���ngv- Q 1 2 codes as well as KS PL s Bested standards ,, 1212 13 A FRAME a 4 4 4 RECTANGULAR.FILLER 1 sxarE 4 4 4 RADIUS FILLER Poolnttomcontiguraztonsat €orellustrattee use onl 8"MIN. canon shoo n confomiscvtth cuuentI S 1? g Y 05181 for is 3 suggestecfmtn,mnm.s zsooP.S.I. GRECIAN FILLER 05183 poo approved four useq tvtth manifractuEedvwg eymyQn��t CONCRETE 1 1 1. NUT&BOLT PAK eq pmenttsnnstalled jollowtPreequtpment�man1cturcr s,tnst }attose FOOTING 052Q1 andrsafety ins 4�aons �� . - 1. 1 1 RADIUS.CORNER COPING FAK. �. 1 1 1 STRAIGH T � � COPING PAK onfrorii:designa#� c} g - 4_ Per. 108' Sq. Ft.6.48 Gallons 27537 cal c�• ccwt so.vv Zvo-r ri-a ao VVLV� '_LL_L17V;Y rr,wc va . c= a <� A.M. 334;'4 � ,a5 s c SKED O i? 7, ( A-M, 334117 ::e!M t A.M. 3341,36 A.M 334/6 O �_ A.Af 304./t-2 o �•�o A.M 334,;37 n AM 3.34114-R 03 Oo Q� ti.0 A.* 334114-1 l f A.M. 3341/6-Z 7A�CiY3' I!`'�iJirf) ✓, fr)AGl.V D & 4?FgFCCA J. PETERi5 hE ZO,�r'�' 1?F-1" T��� 1r�C�RTGAGE INSPECTION Plan lS or ' Bank -Use—Oniv FLOOD MVE C I 'i:iW -.--------- RECJSTRY OWNER' W9F42_ AQAQ_UAQAlp���"eCsL�i_P�'TER_.S I DEED REF:- ¢�°��sys�- -BU�fEk: -BaVVY -fLQLQ-._ SATE: _Q ls'�,,ss%'1 ___ FLAN REF: 23 j2�, ---FT- I JKFFESY CERTIFY TO _~�� .9 ----_THAT THE BUILDING YANK;EE SURVEY *MCWN ON THIS PLAN 'k LOCATED ON THE GROUND As PAUL CONSULTANTS,S HOW AND THAT ITS P031TION CORE _ _. CONFORM A. TO THE ZONING LAW SETBACK REQUIREMENT-5 OF THE mvmfw "' 40B INDUSTRY ROAD TOWN OF `��1��✓� �_------ -_AND THAT M' 3m MARSTO;VS MJLJS, MA. 02648 11' D)ES_a2 ._ LIE WITHIN THE SPECIAL FLOOD HAZARD "rtnp AREA AE SNOVY�1i ON THE H.U.D._MAP DATED_ -a FAX TEL., 4N0055 4Z8--0055 16015-C THIS AN NOT MAJD3 PROM AN TE SURVEY, NOT TO E USED FOR P NS ETC. 30307 JF f q NAME OF OFFE I '4 Al /E I I �S. tom/"�A1 4✓ Jyr°' ., BAR 7..:0 211 TOWN OF 'i ADDRESS OFO ENDE �� ��`� /If/ i o0ewe- jrrh BARNSTABLE CITY,STATE�J$GOQf 4/-c� � � pi 7IKUE rqy, MVIMB REGISTRATION NUMBER OFFENSE E /q�yr� �,�j,�M (�"'/',f� //,�f/�/,y��/[/�/��r /f' IIARLJ IASS.I.i:.q �� Vf• (I' L/' 4 ._.. �f +^� x5/V' /�I" ! .C, d fiA55. ,679. �i' 'w,'J1. �]w�/�[�j (/_+yT p .erEO NIP:a, �f i f'71f t /'■ /"� ! i �`�,"✓ so I 4..f LU :> TIME AND DATE OF VIOLATION LOCATION OF VIOLATION _ Uj NOTICE OF /��' d o (A.M./ P.M.)ONE 20 �� ,fr j t�jG / G'�9a SIGNATUfl F NFORCINCvPERSON _ ,.� ENFORCING.DE ,,t� BADGE NO. N VIOLATION - CD OF TOWN I HEREBY.ACKNOWLEDGE RECEIPT OF CITATION X _ CL ORDINANCE El Unable to obtai ignA ure ofjo,.fffen�er. ,...� ,Date mailed THE NONCRIMINAL FINE FOR THIS OFFENSE w p w OR YOU HAVE THE FOLLOWING ALTERCJATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w Cn REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Sianature BAR '2`. ` NAME OF OFFENDEfl ADDRESS OF OFFENDER TOWN OF ' ' P CODE � ' BARNSTABLE CITY,ST I n ' MVIMB-REGISTRATION NUMBER .. . . �1 ip,._ � � �• ,d 4r' � W IIAH�S7'ARI.E. • i„!A' �p►yJq�,,Vyt Y ° .wler°"w"°'"'w"o ,..•� 7 MASS. g' O d7�4.. ` 1 W pifD M�° ._,«•.aw"'"eaw LOCATION OF VIOLATIONy� J af,9*�*+' � LLJ Q TIME AND DATE OF VIOLATION a,,,Q,. ..r- 20 - BADGE N0. U) . b N NOTICE OF ��- (A.M.I P.M. ON ENf-0RCINc i SIGNATURE OF E RCING SON d VIOLATION Q OF TOWN 'I HEfBY CKNOWLED6E RECEIPT OF CIT ION X ❑ Unable to obtain sign ture of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ ,� w . ORDINANCEOPTIONW ` Date mailed a E AS A OR YO U HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF TH S MATTER.EITHER da Ohrough Friday�legalOholRidaT s excepted AL J +• DISPOSITION WITH NO RESULTING CRIMINAL y Box 2430, o- ' the above fine,ekher by pP, orb mailin a check,money order or postal note to Barnstable Clerk,P. a earing in person between 8:30 A.M.and 4:00 F M•, o REGULATION (�)Youmayelecttable StrecA g M1 before:The BarnstablW TINiN 2ooENaTY ONE(211)DAYS OF•.THE DATE OF THIS NOTICE. of this Hyannis,MA 02601, g you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST (2)IfNSTABLE D V SIONto t COURT Cou desirOMPOUND,MAIN STREET.BARNS TABLE,MA 02630,Alin:21D Noncnminal Hearings and enclose a copy BAR for the hearing or to pay any fine determined at the 1p citation for a hearing. within 21 days,or if you fall to appear 1.1 (3)If you fail to pay the above offense or to be Issued against You hearing to be due,criminal complaint may ❑ e,confess to the offense charged,and 1 HEREBY ELECT the first option abov enclose payment in the amount of$ — —-- Signature °F,►+E Ta,� Town of Barnstable Regulatory Services + BAmguiLE MASS' $ Thomas F. Geiler, Director °rE039. ` 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 September 26, 2006 Mr. Randolph R. & Janis Gold 1360 Mary Dunn Road Barnstable,MA 02630 Dear Mr. &Mrs. Gold: This correspondence is in regards to your property located at 1360 Mary Dunn Road Barnstable and specifically the swimming pool which you have installed. As you are no doubt well aware, you have exhausted all forms of relief that are available. The property now must be brought into compliance. This will involve removing the pool. This must be accomplished by December 1, 2006. This department looks forward to your anticipated cooperation. ;=Vaserryy, r, CBO Building Commissioner cc: John B. Hopkins a r, JOHN B. HOPKINSr ; �, a ATTORNEY AT LAW 1441 lyanough Road Barnstable, MA 02630 - - Mailing Address: Telephone: (508)771-8001 P.O.Box 457 Facsimile: (508)771-8466 Barnstable,MA 02630 E-mail: ibhopkins(2a verizon.net September 19, 2006 Tom Perry, Building Commissioner To%;vn of Banistabie 200 Main Street Hyannis, MA 02601 RE: Our Client: Lisa Piccirilli Property: 1348 Mary Dunn Road, Barnstable, MA Dear Mr. Perry: This office represents Lisa Piccirilli, the owner of the above-referenced real estate. The owners of the abutting property at 13(�0 iVla'ry+Durm'Ruad are:Randolph R:-and;Talus; Gold. -As you are probably aware, Mr. and Mts.-'Gold built a swimming pool on their property without regard to the requirements of the:Zoning Bylaws. After this was brought to their attention, the Golds filed an appeal to the Zoning Board of Appeals (Appeal #2005-101) seeking zoning relief which was denied in a decision dated November 15, 2005. Mr. and Mrs. Gold then appealed the denial to the Superior Court and that appeal was subsequently dismissed. M.e?.-Yw eilP tl!e C0TT ;tinrNQ %vhi(•bl r;va to thF nria;n.al r.s.mtll.. in1:still remaa'?_ The Golds' in ground swimming pool continues to be in violation of the Zoning Bylaws and nothing 4 has been done to rectify the situation. A request is hereby made that you, as the Building Commissioner, to enforce the Zoning Bylaw and require the removal and/or relocation of the in-ground swimming pool. r . 1 enclose herewith-a,copy.of the decision:frorii,the Board of,Ap peals for your convenience: Tom Perry, Building Commissioner Town of Barnstable Page -2- I would be more than happy to discuss this with you and invite your call if you have any questions. Very truly yours, Jo . Hopkins JBH:pab Enclosure cc: Lisa Piccirilli Dictated but not read. 1 S!3 JOHN. B. HOPKINS ATTORNEY AT LAW 1441 Iyanough Road Barnstable, MA 02630. Mailing Address: Telephone: (508)771-8001 P.O.Box 457 Facsimile: (508)771-8466 Barnstable,MA 02630 E-mail: jbhopkins@verizon.net September 6, 2006 Tom Perry, Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 RE: Our Client: Lisa Piccirilli Property: 1348 Mary Dunn Road,Barnstable,MA Dear Mr. Perry: r This office represents Lisa Piccirilli, the owner of the above-referenced real estate. The owners of the abutting property at 1360 Mary Dunn Road are Randolph R. and Janis Gold. As you are probably aware,Mr. and Mrs. Gold built a swimming pool on their property without regard to the requirements of the Zoning Bylaws. After this was brought to their attention, the Golds filed an appeal to the Zoning Board of Appeals (Appeal#2005-101) seeking zoning relief which was denied in a decision dated November 15, 2005. Mr. and Mrs. Gold then appealed the denial to the Superior Court and that appeal was subsequently dismissed. Meanwhile, the conditions which gave rise to the original complaint still remain. The Golds' in ground swimming pool continues to be in violation of the Zoning Bylaws and nothing has been done to rectify the situation. A request is hereby made that you, as the Building Commissioner, to enforce the Zoning Bylaw and require the removal and/or relocation of the ingound swimming pool. I enclose herewith a copy of the decision from the Board of Appeals for your convenience. i Tom Perry, Building Commissioner Town of Barnstable Page -2- I would be more than happy to discuss this with you and invite your call if you have any. questions. Very truly yours, John B. Hopkins JBH:pab Enclosure cc: Lisa Piccirilli Dictated but not read. �oFtME ray, Town of Barnstable P �O Regulatory Services "+ RnAMRN nsi E y MASS g Thomas F.Geiler,Director E16. & Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 August 2, 2006 Mr:and rs. Randy Gold 136y Dunn Rd.Ba , MA 02630 Re: mi ol, 1360 Mary Dunn Rd. Barnstable, MA CEASE AND DESIST On November 15, 2005 your petition to leave your swimming pool in its present nonconforming location was denied. On December 6, 2005 your 20 day appeal period ended with no appeal of the Zoning Board decision. Please be advised that you must cease and desist in the use of this pool in its present location. If you have any questions please contact this office. Sincerely, J> Paul Roma Building Inspector q/roma/marydunn1360 °FINE Tom, Town of Barnstable Regulatory Services M E MASS. Thomas F.Geiler,Director y nss. Qjp i639. ♦0 lf MA.S Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-8624038 Fax: 508-790-6230 June 30, 2006 Mr. and Mrs. Randy Gold 1360 Mary Dunn Rd. Barnstable, MA Re: Swimming Pool 1360 Mary Dunn Rd. Barnstable MA On November 15, 2005 your petition to leave your swimming pool in its present nonconforming location was denied. On December 6, 2005 your 20 day appeal period ended with no appeal of the Zoning Board decision. Please be advised that you have until August 15, 2006 to either move your pool to bring it into the required zoning setbacks or to remove it completely. The pool cannot remain where it is. If you have any questions please contact this office. Sincerely, �aj Paul Roma Building Inspector q/roma/marydunn1360 ' �, .nw �� ;: � �' • �, t Y,�� •�4'_ "*art.in, ��yy���h ,G•",•S�+ �' ' ���' � *r'�•2 r�`�1. r • '- � � ! R c �r tLTY , '_ • r 7 ' fi '„ql'T �Y�'f`^r� �.-. •"',i ' !r�."r �,,,.* .�o �Y p� � a t ,��tR: �"�`� }•-!+ r I r Y•h �' i .n ��' S �IF.,FQ�, "-,� r. --'��+�1 '' 'd' �� d .� 1p •r �X�. � q' .��, i',ae'4t1 '` l��„.W w� e�y_•a,_ : i s •_'�' ��p. 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"" v c ��! '� �".: .:, ,,,....-.` � ...; i�""14�t3yP'�,� �'� .-=i... - _.:��. f5.t., �'�•�..tlL x _ � "a_vr _ !^ y a. ,,u.. �.��.`��� i�P+a�:,.�p._,`�.,,k� FEB, 5, 2008 10: 59AM Commonwealth of Massachusetts N0, 548 P. 2 County of Barnstable The Superior Court CIVIL DOCKET# BACV2005-00657 RE: Gold v Barnstable Zoning Board of Appeals TO: Ruth J Weil, Esquire 367 Main Street New Town Hall- Hyannis, MA 02601 , NOTICE OF JUDGMENT ENTRY This is to notify you that a judgment in the above referenced action has been entered on the docket, A copy of the judgment is attached. Dated at Barnstable, Massachusetts this 20th day of March, 2006. Scott W. Nickerson, Clerk of the Courts t� BY: ....... ...... ........ ....................... John S. Da!e First Assistant Clerk Telephone: (508)375-6684 c9dmo65uq_2_wp6 477847 ja9120 bearself - - - FEB. 5. 2008 10:59AM NO..548) -P. 3536 - Commonwealth of Massachusetts County of Barnstable The Superior Court CIVIL DOCKET# BACV2005-00657 Randolph R. Gold, Plaintiff VS Barnstable Zoning Board of Appeals, Defendant JUDGMENT ON MOTION TO DISMISS (Mass.R.Civ.P. 12(b)(1) and (6)) This action came on before the Court, Richard F. Connon, Justice upon the defendant, Town of Barnstable Zoning Board of Appeals, motion to dismiss pursuant to Mass. R.Civ.P. 12(b)(1) and 12(b)(6), and the-Court having granted said motion; It is ORDERED and ADJUDGED: that the complaint of the plaintiff, Randolph R. Gold, is hereby dismissed against the defendant, Town of Barnstable Zoning Board of Appeals, and the defendant recovers its costs of action. Dated at Bamstable, Massachusetts this Y—day of March, 2006. a 1 , B ... ......... ...................... First Assistant Clerk A true copy, Attest: Clerk 2006 TiyE��-`i1' !� ovdjud=b l.vpd 477647 jud3.3b beerseU 1? NAY, 29. 20 12:34P^1 NO, 636 P ?%1 r PostjA Fax As 7e79 ®ata aa9 p T From co. opt. Go. + 3A8�i5fA�9 a� The Town c Phone# PNo biAt3S. �f Growth Manage Fax Fax# � 367 Main Street, I Qflica'S08>862-G67$ Fs�c:Still-BS 782 May 297 2 a7 Ardito Sweeney Suisse Robertson&l lupuy,P.C. Attn: Michael Stusse,Esq, 25 Mid-Tech Drive., Suite C � West Yarmouth, MA 02673 Re:Randolph Gold Magistrate Hearing:May 31,7007 Dear Attotney Suusse, �� ? 1 At your earliest convenience please let me lmow if the agreement between the ? i Gold's and the.Piceirilli's has been signed(by both parties), and if you are proceeding 1 u%-ith the filing of the ANR plan. If you have any questions,please do not hesitate to call. Sincerely, i Christine Palkoski, Esq. regulatory Coordinator cc:vom Perry, B.ulding Cummissioner file i i i P#t31�(li i tl 0 O Wd 6Z IVW LCGZ o-THE T Town of Barnstable Regulatory Services r ♦ ' 9�nss I'Eg Thomas F. Geiler,Director �A i639. �0 rEDMA'�A 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 February 22, 2007 To Whom It May Concern: The following is the schedule of events concerning Mr. Randolph Gold of 1360 Mary Dunn Road, Barnstable, MA 02630: 1. On 4/3/02 Mr. Gold applied for and received a building permit to construct an 1806 in-ground swimming pool in accordance with a plot plan showing the allowable setbacks for the RF-1 zoning district. 2. Based upon a complaint from an abutting neighbor, Ms. Lisa Piccirilli of 1348 Mary Dunn Road,that questioned the location of the pool and equipment, a site visit from a building inspector,Paul Roma, resulted in a letter from the Building Division on 10/10/05 explaining that the pool was not installed in accordance with the proposed site plan. 3. Mr. Gold applied for a variance to the Zoning Board of Appeals for relief concerning the setbacks, and on 11/15/05 was denied. 4. A letter from the Building Commissioner to Mr. Gold on 9/26/06 ordered that the pool be moved and the property brought into compliance by 12/1/06. 5. On 12/20/06 a ticket was issued by the Building Division, bar no. 70211, for failure to build within approved setbacks (Zoning Ordinance Section 240-13). If you have any questions,please contact me. Sincerely, Jack LeBoeuf Building Inspector I' gold ! + ¢q .:VV6 LCJ.VU 'y'JVO-/ /L-377D rN4.iL VL i o` '�' <• A.M 334,/4 HSE ,¢'13E0 3, tN , 10? i`,, C� A.M. 334/17 A.M. 334 j 3S ,4 A.M. 334,/5 A.M 334,11t'-2 y. 144 0�0 o �h 1 A.H. 334;37 AV ?34/14—2 A.R. 334.114—1 03 I A.M- :33416—.2 1901ERa' llN'GR10 J. H0AGGU,VD & NEWECCA ✓. Pf7FRS Ff�: ZONE- "RF-1' This MORTGAaE INSPECTION Flan is or Bank uge nr FLOOD Z0AE.• 'C" i 17,,5 WIN-: 41 ------____ REGIS Y OWNE , I DES)? REF ��.°�.. 9 _ �N�JU42 v24. L1�'.tL F �G�L�_P4'TER_.5 DATE: _Qls°�<s'.�'�1-- _____---__ PLAN REF; _239Py�_d� -�----_S� _ 80,----F�,- I HEREBY CERTIFY TO A _~-� — ---THAT THE BUILDING YANKEE SURVEY SHC14N ON THIS FLAN II : LOCATED ON THE GF.OU'ND AS CONSULTANTS SHOWN AND THAT ITS P03ITION COLS CONFORM L TO THE ZONING LAW SETBACK REQUIREMENTS OF THE mvmlw � 40B INDUSTRY ROAD TOWN GF �Y�IR ,� ,jr ____-- AND THAT ft - MARSTO T MILLS, MA. OZ648 I7' DOES_! Q_2 _ LIE WITHIN THE SPECIAL FLOOD HAZARD �a 9 AREA AS SHOWN ON THE H.L.D. MAT' DATED_ f/ TIrL 4-8-0055 co _ l . -_ ?5000 - 00 -C FAX 420-5553 THIS PLAN N ROM AN INST;ZUMENT SURVEY. NOT TOME USED FOR FENCES, ETC. 30307 JF SER-26-2805 02:24P frROM:'8AXTER NYE ENCINEERI 15084283 S 7-@ T0:85083625005 P.1 .Baxter, Nye & Hol.mgren, Inc_ Registered Professional Engineers and Land Surveyors 812 Main Street,Ostervillc,MA 0205 (503)428-913I FAK (509)428-3750 T C7: a M► Vtl C � FROM. 3qr"-j t t COMPANY: DATE: 9 PAGES (incitrding coder page) SUBJECT_ �+e�a.-•D f� � � ���9�j �r -°f�t� i�?. 1 j fz,�tt t ;EP-26-2005 04:20P >=ROM:BANTER NYE ENGI"dEERI 15084293750 TO:65083625005 P.1 p T=- CB DH FND 0 -WOOD o O CONCRETE APRON { 17. QPOOL f o { N N ELECTRIC RISER ® lb � f �, $ � C rn a POOL EQUIPMENT e' PAD 3 4' CHAINUNK FENCE I ,EXIS NG P F AM DWELL 0 rpLv L W �nm mong) N + ;�. C 5EP-EE;200u 0E:E4F? FROM*AXTER NYE E1GINEERI 1MB42283750 TG': 50836E5005 P,E h pp CB DN FNO 7x�. G 4' wC LL)a Op �f C€ -7 z k AI to o CONCRETE APRON I e � ,-' ��O.Ov:! GIB" ' L o rN ELECTRIC RISER ®' POOL EQUIPMEN" w PAD 4' CHAINLINK FENCE � TQRY ISTN- N�' �r D P .40. S S46 � s� - 9$i iii P9A0►eo VA!! wiAP �A a- f� FPLX D cc r. 4 0 a We4iaw. 849 N.E.2d 901 Page 1 66 Mass.App.Ct. 621, 849 N.E.2d 901 (Cite as: 66 Mass.App.Ct.621,849 N.E.2d 901) Briefs and Other Related Documents M Antitrust and Trade Regulation 29T�203 Appeals Court of Massachusetts,Norfolk. 29T Antitrust and Trade Regulation Edward J. REDDISH&another ry i� 29TIII Statutory Unfair Trade Practices and Consumer Protection 29TIII C Particular Subjects and Regulations FN1. Elsa Reddish. 29Tk203 k. Construction, Renovation, V. Improvement,and Repair. Most Cited Cases Katherine BOWEN,trustee "—Z; Andrews Gunite Contractor's location of swimming pool on Company, Inc., third-party defendant. landowner's property less than six feet from property line violated state building code such that pool's location was a violation of a "building law" and FN2. Of the Warren 215 Realty Trust. constituted an unfair or deceptive act; building code No.04-P-1494. clearly stated that the installation of an in-ground swimming pool on private property must comply Argued Sept. 19, 2005, with the setback requirements of the code itself or r Decided June 28, 2006. local zoning laws, and both the code and the local t zoning by-law required a six-foot setback. M.G.L.A. Background: Neighbors brought action against c. 93A, $ § 2, 9; c. 142A, § 17(10). landowner, alleging that landowner had build swimming pool that encroached on their property. u Pleading 302 C�233.1 Landowner filed third-party action against contractor that had designed and installed pool, Following g p g 302 Pleading settlement of claims between neighbors and 302VI Amended and Supplemental Pleadings and landowner, the Superior Court Department, Norfolk Repleader County, Elizabeth Butler, J. entered judgment for 302k233 Leave of Court to Amend landowner on consumer protection claim against 302k233.1 k. In General.Most Cited Cases contractor, and contractor appealed. A trial judge should be generously disposed to motions to amend pleadings. Holdings: The Appeals Court,Rapoza,J.,held that: ll pleading 302 �236(1) l(l) location of swimming pool less than six feet 302 Pleading from property line violated state building code such 302VI Amended and Supplemental Pleadings and that it was a violation of a "building law" and Repleader constituted an unfair or deceptive act; 302k233 Leave of Court to Amend 4(2) landowner could amend action during trial to 302k236 Discretion of Court add sentence stating that contractor's failure to install 302k236 1 k. In General. Most Cited pool in conformance with town's zoning by-laws was Cases an unfair and deceptive practice under statute Although leave to amend pleadings shall be freely requiring contractor to comply with building laws; given, the discretion to do so is not without limits. Rules Civ.Proc.,Rule 15(a),43A M.G.L.A. 6(3) landowner could recover attorney's fees. 141 Pleading 302 �245(3) 302 Pleading Affirmed. 302VI Amended and Supplemental Pleadings and Repleader West Headnotes 302k242 Amendment of Declaration, Complaint,Petition, or Statement © 2006 Thomson/West.No Claim to Orig.U.S. Govt.Works. 849 N.E.2d 901 Page 2 66 Mass.App.Ct. 621, 849 N.E.2d 901 (Cite as: 66 Mass.App.Ct.621,849 N.E.2d 901) 302k245 Condition of Cause and Time for 29TIII Statutory Unfair Trade Practices and Amendment Consumer Protection 302k245 3 k. During Trial in General. 29TIII E Enforcement and Remedies Most Cited Cases 29TIII E 7 Relief 29Tk395 Costs Pleading 302�246(1) 29Tk396 k. In General. Most Cited Cases 302 Pleading 302VI Amended and Supplemental Pleadings and Antitrust and Trade Regulation 29T�397 Repleader 302k242 Amendment of Declaration, 29T Antitrust and Trade Regulation Complaint,Petition, or Statement 29TIII Statutory Unfair Trade Practices and 302k246 Subject-Matter and Grounds in Consumer Protection General 29TIII E Enforcement and Remedies 302k246(1) k. In General. Most Cited 29TIII E 7 Relief Cases 29Tk395 Costs Landowner could amend unfair trade practices 29Tk397 k. Attorney Fees. Most complaint against contractor during trial to add Cited Cases sentence stating that contractor's failure to install pool Landowner who prevailed on unfair trade practice in conformance with town's zoning by-laws was an claims against contractor based on location of unfair and deceptive practice under statute requiring swimming pool could recover $24,973.64 in contractor to comply with building laws; complaint attorney's fees and costs; court took into account already included unfair trade practice count, sentence landowner's failure to prevail on its claims for recited facts already well rehearsed between the negligence and breach of contract and its delay in parties, contractor was aware of the statute and knew amending the complaint, and award represented only it was required to comply with the statute, and a fraction of the total amount incurred in litigating the contractor did not move to continue the trial after the complaint. M.G.L.A. c. 93A, 1 et seq. complaint was amended. M.G.L.A. c. 93A, 2; c. 142A, § 17. **903 Paul F. Denver for Andrews Gunite Company, 151 Pleading 302 C�245(3) Inc. John Foskett,Boston,for Katherine Bowen. 302 Pleading 302VI Amended and Supplemental Pleadings and Present: ARMSTRONG, C.J., RAPOZA, & Repleader COHEN,JJ. 302k242 Amendment of Declaration, RAPOZA,J. Complaint,Petition,or Statement *621 Following a jury-waived trial, third-party 302k245 Condition of Cause and Time for defendant *622 Andrews Gunite Company, Inc. Amendment (Andrews), appeals from a judgment finding it in 302k245(3) k. During Trial in General. violation of G.L. c. 93A as a consequence of its Most Cited Cases failure to comply with G.L. c. 142A, which regulates Landowner's amendment at trial of count alleging an home improvement contractors. The primary issue unfair trade practice violation against contractor did before us is whether the trial judge erred as matter of not deprived contractor of the opportunity to frame a law when she treated a home improvement reasonable offer of settlement to the claim as finally contractor's disregard of a six-foot side lot setback worded; contractor did not make such an offer in requirement contained in a local zoning by-law as a response to landowner's original unfair trade practice violation of a "building law" as that phrase is used in letter or make any post-amendment settlement offer, G.L. c. 142A, 1700), inserted by St.1991, c. 453. and judge did not multiply damages pursuant to the Andrews also disputes the judge's decision allowing statute. M.G.L.A. c. 93A, § I et seq. the third-party plaintiff to amend its c. 93A claim during trial, as well as her order awarding attorney's 161 Antitrust and Trade Regulation 29T ;` 396 fees on that claim. We affirm. 29T Antitrust and Trade Regulation Background. Brookline residents Edward and Elsa Reddish initiated suit against their next door © 2006 Thomson/West.No Claim to Orig. U.S. Govt.Works. 849 N.E.2d 901 Page 3 66 Mass.App.Ct. 621, 849 N.E.2d 901 (Cite as: 66 Mass.App.Ct.621,849 N.E.2d 901) neighbor, Katherine Bowen, as trustee of the Warren requirements. He was also informed that Andrews 215 Realty Trust (trust), alleging that the trust built a knew what permits had to be obtained and would"do swimming pool that encroached on their property, whatever had to be done to make sure that the which also amounted to a violation of both the State installation of the pool complied with all of building code and Brookline's zoning by-laws. The [Brookline's] requirements." In relevant part, the two neighbors settled the litigation in May, 1998, agreement also contained a disclaimer requiring approximately one year after a Superior Court judge McIntyre to verify the siting of the pool and relieving found that a portion of the concrete apron Andrews from liability with respect to the pool's encompassing the trust's pool impinged upon the location, whether on the trust's property or that of a Reddish property and ordered that the encroaching third party. portion be removed. Under the provisions of the settlement, the pool itself was allowed to remain as built.Fn FN5. At all relevant times, Rodney P. Andrews, a principal of Andrews, held a home improvement contractor's license FN3. The settlement between the Reddishes pursuant to G.L. c. 142A, § 9. and the trust provided for a land swap, a payment of$20,000, and an agreement that FN6. The permit issued to Andrews stated, the pool would not have to be moved. in pertinent part, that "[a]ll work performed ... shall, in every respect, conform to the In the meantime, the trust's third-party action against terms of the application on file in this office Andrews, the contractor that had designed and and to the provisions of the State Building installed the pool, proceeded to trial on theories of Code, Town of Brookline Zoning By-Laws, negligence, breach of contract, and violation of G.L. and [any] other Statute, By-Law, or c. 93A, the consumer protection statute.!�4 Having Regulation relating to the Construction." been found liable solely on the c. 93A claim (count VII),Andrews brings this appeal. The Reddishes, as abutters, had previously built a fence extending along the western edge of the trust property. The fence was set back on the Reddishes' FN4. A count for indemnification against lot and was not located on the boundary line. Andrews was waived by the trust and McIntyre was aware of this fact, yet dealt with subsequently dismissed. Andrews as if the fence itself marked the line dividing the two properties. As we discuss more Facts. We take the facts pertinent to the third-party fully below, it was Andrews's misplaced reliance complaint from the judge's findings,supplemented by upon McIntyre's assertions concerning the fence that undisputed facts as they appear from selected exhibits led to the predicament in which Andrews now finds and documents reproduced in the record appendix. itself. *623 In 1990, the trust bought the property located at When it came time to excavate in preparation for 215 Warren Street, Brookline, for the benefit of construction, Andrews's subcontractor, Mark Paquin, Bowen's son, Joseph McIntyre, using funds he had agreed to McIntyre's request to reposition the pool earned as a young entertainer. At all relevant times, even closer to the fence *624 than had been McIntyre resided there and, according to the terms of previously depicted in any of the plans Andrews had the trust, was the only person authorized to make prepared or submitted with its permit application. " maintenance and improvement decisions concerning Before performing any work, Paquin asked McIntyre the property. where the property line was. Upon being told it was the fence, Paquin measured from the fence, then had **904 In 1995, McIntyre decided to build an in- McIntyre review the staked layout and sign a ground swimming pool and, in late April, hired document (excavation approval form) indicating his Andrews to design and build it.F� According to the approval of the proposed new location for the pool. resulting construction agreement, Andrews was to As eventually installed, the pool infringed upon the provide plans showing the layout of the pool and to setback area between the two properties. Moreover, obtain the necessary construction permits.�� As to the pool apron, as noted above, was located on the the plans, McIntyre was told that they were needed to Reddish property.E'� ensure compliance with Brookline's setback © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 849 N.E.2d 901 Page 4 66 Mass.App.Ct. 621, 849 N.E.2d 901 (Cite as: 66 Mass.App.Ct.621,849 N.E.2d 901) legal effect of provisions in the construction FN7. To the extent that Andrews's blueprint agreement and the excavation approval form and pool location plan in depicting the purporting to hold Andrews harmless for the location Reddish fence as the side boundary line of the pool. Specifically, the trust asked that the were defective, it nevertheless appears from judge declare such terms invalid and that the judge the record that the pool itself may not have preclude consideration of those terms at trial. As encroached into the setback area had Paquin grounds, the trust cited G.L. c. 142A, § 17, as adhered to either plan. Indeed, the trial imposing a statutory duty upon Andrews to comply judge faulted Andrews, in part, for installing with the setback requirement of the local zoning by- the pool "not in accordance with the laws that could not be waived or limited by the blueprint or pool location plan." agreement of private parties. Andrews opposed the motion on several grounds, including that c. 142A FN8. Specifically, the in-ground pool did not apply in the circumstances and that, even if it intruded 3.3 feet into the setback area, did, the trust had failed to invoke the statute in count leaving a distance of only 2.7 feet between VII of its complaint. The judge took the matter the pool itself and the property line. under advisement, and the case proceeded to trial. The G.L. c. 93A claim. On January 10, 2000, On the fourth day of trial and, as the trust stated, "out counsel for the trust sent a letter to Andrews in which of an abundance of caution," the trust moved to he set forth facts upon which the trust intended to amend count VII of the third-party complaint to rely in establishing a claim against the contractor for reference "a violation of G.L. c. 142A, the failure to an "unfair and deceptive" business act or practice comply with the Brookline zoning bylaws, as under G.L. c. 93A, § $ 2 and 9. In making a formal constituting an unfair and deceptive practice." demand for damages from Andrews in the amount of Although Andrews objected and filed a written $210,000, the trust alleged, in relevant part, that opposition,the amendment was allowed. Andrews violated the State building code by presenting plans for the location of the pool without At the conclusion of trial, the judge took the case properly establishing the distances**905 from the lot under advisement, and she issued findings of fact and lines and that such conduct amounted to an unfair and rulings of law almost two and one-half years later. deceptive act. The trust also asserted that as a result At that time, the judge ruled that Andrews breached of this unfair and deceptive act the trust incurred its agreement with McIntyre and its duty of care to damages in the litigation with the Reddishes, him"[b]y constructing the pool based upon uncertain including the cost of the settlement and related and altered pool location plans, resulting in violations attorney's fees. of state and local building laws." Nonetheless, she concluded that the express disclaimers signed by Andrews apparently did not respond to the demand McIntyre barred recovery by the trust on all but the letters' Thereafter, the trust filed a motion to G.L. c. 93A claim.E�� amend the third-party complaint to add count VII, alleging that Andrews violated G.L. c. 93A, and the judge allowed that motion, over Andrews's *625 FN 10. In ruling on the disclaimer, the judge objection. Count VII substantially tracked the wrote that "courts are loathe to uphold a allegations contained in the January 10 demand letter. waiver of a consumer's statutory right if it would undercut the public policy behind the legislative enactment," citing Canal Elec. FN9. There is nothing in the record Co. v. Westinghouse Elec. Corh., 406 Mass. indicating a response, nor does a copy of 369, 378, 548 N.E.2d 182(1990). Andrews any such letter appear in the record does not argue otherwise on appeal. appendix. In its brief, the trust states that Accordingly, we do not consider whether no written response to its demand letter was the contractual provisions requiring the ever received, a fact not controverted by owner to verify the site of the pool and Andrews in this appeal. relieving Andrews from liability with respect to its location operate as a defense to Trial began approximately one year later. Shortly the trust's c. 93A claim against Andrews. before trial, the trust filed a motion in limine Nor do we address whether, even in a requesting a judicial determination concerning the consumer context, there may be instances © 2006 Thomson/West.No Claim to Orig.U.S. Govt. Works. 849 N.E.2d 901 Page 5 66 Mass.App.Ct. 621, 849 N.E.2d 901 (Cite as: 66 Mass.App.Ct.621,849 N.E.2d 901) where an informed, consensual, and clear certain conduct on the part of contractors that shall allocation of risk and responsibility could also amount to a consumer protection violation, G.L. preclude recovery by the consumer under c. c. 142A. § 17, reflects an intent by the Legislature 93A for an unintentional statutory violation "to facilitate a homeowner's*627 c. 93A remedies." by the contractor, incurred at the consumer's L!i Simas v. House of Cabinets, h7c., 53 request and in reliance upon the consumer's Mass.App.Ct. 131, 137, 757 N.E.2d 277(2001). representations. As to that count, the judge determined that Andrews FN 13. Section 17 also subjects home had *626 violated § 5.72 of Brookline's zoning by- improvement contractors to potential laws, which required **906 a six-foot setback for the administrative sanctions and criminal installation of an in-ground pool. She also prosecution for violating any of its concluded that the violation amounted to a breach of provisions. See G.L. c. 142A, $ 1.8, 19. G.L. c. 93A by operation of G.L. c. 142A. § 17, which describes a violation of a"building law" as an Section 2 of G.L. c. 142A also suggests a legislative unfair or deceptive act under the consumer protection intent to burden the registered contractor, not the statute. The trust was awarded $31,000 in damages homeowner, with the task of obtaining building as well as attorney's fees and costs in the amount of pernuts and making sure that the anticipated $24,973.64, a figure representing the expenses construction complies with all obligations associated incurred by the trust in the prosecution of its c. 93A with such permits.rN" See G.L. c. 142A, § 2, claim against Andrews.N�t This appeal by Andrews inserted by St.1991, c. 453 ("Any contract entered followed. into between a contractor and homeowner shall require the contractor to inform the homeowner of the following: (i) any and all necessary permits, (ii) FN11. The judge declined to multiply the that it shall be the obligation of the contractor to damage award, concluding that Andrews's obtain said permits, and (iii) that homeowners who conduct was not wilful and was "not entirely secure their own permits will be excluded from the without justification," given Andrews's guaranty fund provisions of this chapter"). reliance on McIntyre's belief that the.fence was the boundary line. FN14. Although Andrews's subcontractor, Discussion. 1.Applicability of G.L. c. 142A. General Mark Paquin, determined the setback based Laws c. 142A, inserted by St.1991, c. 453," upon McIntyre's indication that the fence requires the registration of home improvement marked the lot line, it would have been contractors and regulates their residential contracting preferable had the distance been measured work. Moreover, the statutory scheme encourages from a lot line properly established by homeowners to engage only registered contractors for survey. In this regard, we note that the such purposes. See, e.g., G.L. c. 142A, § 13(b ), current version of the State building code inserted by St.1991, c. 453 ("All building pernuts explicitly requires that applications for shall clearly state that persons contracting with building permits be accompanied by a site unregistered contractors do not have access to the plan that"shall be drawn in accordance with guaranty fund under this chapter"). an accurate boundary line survey." 780 Code Mass. Regs. 110.10 (1998). This later version of the State building code does FN 12. The 1997 and 1998 amendments to not,however, affect our analysis. G.L. c. 142A have no bearing on this case. It is undisputed on appeal that Andrews violated the Of primary concern here is the scope of G.L. c. setback requirement of Brookline's zoning by-laws 142A, § 17(10), which prohibits a home by building the pool **907 inside the prohibited area improvement contractor from "violat[ing] the along the property's side lot line. Rather, Andrews building laws of the commonwealth or of any challenges the trial judge's treatment of this zoning political subdivision thereof," conduct that also "shall provision as a "building law," and her resulting constitute an unfair or deceptive act under the conclusion that the improper construction of the pool provisions of chapter ninety-three A." G.L. c. 1.42A, implicated the provisions of G.L. c. 142A, § 17, 17. Generally speaking, by explicitly delineating pursuant to which a violation of State or local © 2006 Thomson/West.No Claim to Orig. U.S. Govt. Works. • 849 N.E.2d 901 Page 6 66 Mass.App.Ct. 621, 849 N.E.2d 901 (Cite as: 66 Mass.App.Ct.621,849 N.E.2d 901) "building laws" constitutes an unfair or deceptive act under the provisions of G.L. c. 93A. Renewing an argument it made below, Andrews claims that, as FN 16. Article 6 of the State building code matter of law, a violation of a local zoning by-law by applies to pools that meet certain minimal a home improvement contractor is not a violation of a dimensional and area measurements, all of "building law"within the meaning of G.L. c. 1.42A. which were satisfied here. See 780 Code 17 10 , and thus is not an unfair or deceptive act as Mass.Regs. & 625.1 (1990). stated in§ 17. FN 17. Additionally, nothing in the record We disagree with Andrews's contention as applied to before us indicates that any "specific rule of the *628 specific facts before usPF" The fifth the jurisdiction" relieved Andrews of the edition of the State building code, which was in duty to comply with the six-foot limitation. effect at the time of installation, is a "building law" Andrews does not contend otherwise. for purposes of G.L. c. 142A, and no one disputes that here. See 780 Mass.Code Regs. § § 625.1 et As the judge found, the wall of the pool, as built, seq. (1990). The State building code, copies of encroached by 3.3 feet into the prohibited zone near which were introduced in evidence at trial, makes the side lot line, causing the concrete apron clear that the installation of an in-ground swimming surrounding the pool to encroach on the *629 pool on private property must comply with the neighbors' property and the trust to suffer losses in setback requirements of the code itself or local settling the Reddishes'claim against it. Although the zoning laws. Consequently, in the present case a judge referred only to Andrews's breach of the violation of a setback required by Brookline's zoning setback requirement contained in Brookline's zoning by-laws would constitute a violation of the State by-laws as the basis of her G.L. c. 93A ruling, she building code and, thus, would amount to a violation nevertheless properly treated such conduct as a of a "building law" as described in G.L. c. 1.42A, violation of a "building law" as that term is used in ELM.. G.L. c. 142A, 17(10). **908 f 11 In these circumstances, Andrews's FN15. We need not determine, on these improper location of the pool amounted to a violation facts, the extent to which other zoning laws of a "building law" within the meaning of G.L. c. constitute "building laws" within the 1.42A, § 1700), and thus constituted an unfair or meaning of G.L. c. 142A. We limit deceptive act under G.L. c. 93A by operation of§ ourselves to consideration of the State 1.7. Consequently, it was appropriate for the judge to building code provision that requires the grant the trust relief under G.L. c. 93A. setback of private swimming pools as "required by this code, or the governing 121(31 2. The motion to amend complaint at trial. "It zoning law." 780 Code Mass. Regs. § is familiar ground that a trial judge should be 625.4(1990). generously disposed to motions to amend pleadings." DiVenuti v. Reardon, 37 Mass.App.Ct. 73, 77, 637 Article 6 of the State building code addresses, among N.E.2d 234 (1994). Nonetheless, although leave to other things, the proper construction and installation amend pleadings "shall be freely given," of in-ground pools of the type at issue here, including Mass.R.Civ.P. 15(a), 365 Mass. 761 (1974), the two provisions concerning their proper location on discretion to do so is not without limits. See private property. F"F""6 The more significant of the two Castellucei v. United States Fidelity &. Guar. Co., for our purposes states that "[private swimming 372 Mass. 288, 290, 361 N.E.2d 1264 (1977). We pools shall not encroach on any front or side yard conclude that the trial judge did not abuse her required by this code, or the governing zoning law, discretion when she permitted the trust to amend its except by specific rules of the jurisdiction in which it third-party complaint at trial. is located. A wall of a swimming pool shall not be located less than 6 feet from any rear or side property j4j The trial judge allowed amendment of the G.L. c. line ... except by specific rules of the jurisdiction in 93A count to add the sentence, "The failure of which it is located." (Emphasis added.) 780 Code Andrews Gunite Company to install the pool in Mass. Regs. � 625.4 (1990). In 1995, the conformance with the Town of Brookline's zoning "governing zoning law" in Brookline also required a by-laws constitutes an unfair and deceptive practice, setback of six feet.f�tE pursuant to" G.L. c. 142A, § 17. On appeal, © 2006 Thomson/West. No Claim to Orig.U.S. Govt. Works. 849 N.E.2d 901 Page 7 66 Mass.App.Ct. 621, 849 N.E.2d 901 (Cite as: 66 Mass.App.Ct. 621,849 N.E.2d 901) Andrews asserts that the amendment, coming as it did documents that Andrews knew it was required to during trial, was unduly prejudicial and amounted to comply with the provisions of G.L. c. 142A." "trial by ambush." Consequently, it argues, the Finally, prior to trial, the parties litigated a motion in allowance of the motion amounted to an abuse of limine filed by the trust in which c. 142A was **909 discretion on the part of the trial judge. We disagree. central to the point under consideration, i.e., whether disclaimer language drafted by Andrews had the The disputed language was not different in substance effect of limiting its liability in any respect, including from that already contained in either the G.L. c. 93A its liability under G.L. c. 93A. count or the body of the complaint itself. Indeed, the improper location of the swimming pool in violation [51 The trust acted appropriately in moving to amend of the pertinent setback requirements was *630 the the G.L. c. 93A count of its complaint when it gravamen of the trust's grievance against realized during the litigation of the motion in limine AndrewsP� The amendment to the complaint did that Andrews was contesting the applicability of G.L. not allege any new facts, nor did it add a cause of c. 142A to its actions. See Halper v. Demeter, 34 action. It merely recited facts already well rehearsed Mass.App.Ct. 299. 303 n. 7, 610 N.E.2d 332 (1993). between the parties and asserted that those facts also Compare *631Datacomm h7ferface, Inc. v. amounted to a violation of G.L. c. 93A by operation Computerivorld, Inc., 396 Mass. 760, 763, 489 of G.L. c. 142A, � 17. N.E.2d 185 (1986). As this issue was not joined until shortly before trial, the amendment of the complaint several days into the trial itself was not FN18. The original complaint sought unduly tardy. Indeed, it is worthy of note that indemnification from Andrews for any Andrews did not move to continue the ongoing jury- damages awarded to abutters resulting from waived trial after the complaint was amended. See the improper location of the pool based on Wore v. Ford Motor Co., 6 Mass.App.Ct. 346, 353- the failure of Andrews to obtain a proper 354, 376 N.E.2d 143 (1978) (no prejudice where, land survey (count I); damages from after the trial judge allowed a motion to amend the Andrews for its negligence in failing to complaint to add a new claim, the defendant failed to properly survey the locus in order to "install move for a continuance to provide sufficient time to an in-ground pool in the rear of the Trust prepare its defense to the new claim). Moreover, the Property in accordance with state and local defendant had the opportunity to amend its answer, ordinances" (covert II); and damages for a see Mass.R.Civ.P. 1.5(a), and tender a "damage- breach of contract by Andrews based on its limiting offer of settlement." Halper v. Demeter, failure to obtain a survey and its installation sulya r"I� of the pool partially on the property of an abutter (count III). The first G.L. c. 93A amendment to the complaint sought FN 19. We are not persuaded by Andrews's damages against Andrews for alterations to a assertion that the amendment at trial of the plan of land to conceal the improper location count alleging a G.L. c. 93A violation of the pool (count VII). Counts IV through deprived it of the opportunity to frame a VI pertained to another third-party reasonable offer of settlement to the claim as defendant that is not a party to these finally worded. We note that Andrews did proceedings. not make such an offer in response to the trust's original c. 93A letter dated January Nor did the reference to G.L. c. 142A, 17, amount 10, 2000. Similarly, even once the to an unfair surprise as to Andrews. The principal of complaint was amended to reference c. Andrews is registered in the Commonwealth as a 142A, Andrews did not take advantage of home improvement contractor as provided in G.T., c. the opportunity to make a "damage-limiting 142A, ti 9, and the company is bound by the offer of settlement." Halper v. Demeter, 34 provisions of that statute. Moreover, contract Mass.App.Ct. at 303 n. 7, 610 N.E.2d 332, documents prepared by Andrews relating to the In any event, although the judge did award installation of the pool in the present case contained $31,000 in damages to the trust on count language extracted from the statute. Indeed, the trial VII, she did not multiply the damages judge noted that the amendment with respect to G.L. pursuant to c. 93A. Consequently,Andrews c. 142A could not have caused prejudice to Andrews, was not prejudiced by its failure to make a as it was "clear from language of its own contract settlement offer as multiple damages 0 2006 Thomson/West. No Claim to Orig. U.S. Govt. `,Yorks. 849 N.E.2d 901 Page 8 66 Mass.App.Ct. 621, 849 N.E.2d 901 (Cite as: 66 Mass.App.Ct.621,849 N.E.2d 901) pursuant to c. 93A were not awarded. See Piccuirro v. Gaitenbv, 20 Mass.App.Ct._286. 292, 480 N.E.2d 30 (1985) (exposure to multiple damages under c. 93A can be avoided by making a reasonable settlement offer). In sum, we conclude, as did the trial judge, that on this record Andrews had sufficient notice of the applicability of G.L. c. 142A, 17, to the underlying circumstances. Additionally, Andrews had ample notice that it was facing potential exposure under G.L. c. 93A, and the articulation of c. 1.42A as a further basis for the application of c. 93A to the circumstances was without prejudice to the defendant. u 3. The award of aitorney's fees and costs under G.L. c. 93A. The trial judge awarded the trust $24,973.64 in attorney's fees and costs, representing the trust's expenses related solely to the prosecution of the G.L. c. 93A claim. It is evident from the record that the judge, in exercising her discretion, took into account the trust's failure to prevail on its claims for negligence and breach of contract as well as its delay in amending the complaint. Thus, we cannot say that the award to the trust of fees and costs,representing as it did only a fraction of the total *632 amount incurred in litigating the third-party complaint, was unreasonable. See Di,lllai__o. v. American Mitt. Ins. Co., 389 Mass. 85, 106, 449 N.E.2d 1189(1983). Judgment affirmed. Mass.App.Ct.,2006. Reddish v. Bowen 66 Mass.App.Ct. 621, 849 N.E.2d 901 Briefs and Other Related Documents Back to tol •2004-P-1494(Docket) (Nov. 3, 2004) END OF DOCUMENT © 2006 Thomson/West. No Claim to Orig.U.S. Govt. Works. r Notice of Zoning Violation and Intent to Commence Action The Town of Barnstable, through its Building Commissioner, Tom Perry, hereby files a notice of zoning violation at 1360 Mary Dunn Road in the neighborhood of Cummaquid in the Town of Barnstable (Assessor's Map 334, Parcel 005), a 2.15 acre parcel developed with a five-bedroom, single-family dwelling of 2,193 square feet and a detached garage. The record owner of this property is Randolph Gold, Individually, as referenced in Book 13595, Page 189 in the Barnstable County Registry of Deeds. On April 10, 2002, Building Permit Number 60360 was issued for the installation of an in-ground swimming pool. According to the plan submitted with the building permit, the proposed pool was to be located to the rear of the dwelling situated 20 feet off each of the side property lines, in conformity with the required 15 foot minimum side yard setback. As constructed, the pool was positioned to the far south side of the yard, infringing into the side yard setback, in violation of Barnstable Zoning Ordinance Section 240-14 (E). The concrete apron of the pool is located 9/10s of a foot from the property W, line and the pool itself is 5.9 feet off the side property line at its closest point. The property owner unsuccessfully applied to the Zoning Board of Appeals for a variance on October 14, 2005 .,Appeal 2005-101). This structure has not been relocated and remains in violation of the zoning ordinance. A t COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: SUPERIOR COURT C.A. No. BUILDING COMMISSIONER of the TOWN OF BARNSTABLE, Plaintiff, COMPLAINT V. RANDOLPH GOLD, Defendant. ) NATURE OF ACTION 1.) This is an action for injunctive relief to enforce the zoning ordinances of the Town of Barnstable. The Defendant installed an in-ground swimming pool (the "Structure") at 1360 Mary Dunn Road, Barnstable, Massachusetts in violation of the town's zoning ordinance section 240-13(E) RF-1 Residential District. Defendant applied to the Zoning Board of Appeals for a variance, which was denied. Defendant was also notified of the violations in a cease and desist order, which was unappealed. Defendant was allowed time to make the necessary corrections but instead has continued the violation of the zoning bylaws. PARTIES 2.) Plaintiff, the Building Commissioner of the Town of Barnstable, is the officer responsible for enforcing the Zoning Ordinances. The Town of Barnstable (the "Town") is a municipal corporation organized under the laws of the commonwealth, having its usual place of business at 367 Main Street, New Town Hall, Hyannis, Massachusetts 02601. 3.) Defendant, Randolph Gold, is the owner of the residence located at 1360 Mary Dunn Road in the village of Barnstable in the town of Barnstable (the "Premises"). APPLICABLE STATUTES AND REGULATIONS 4.) An attested copy of the zoning ordinance of the town of Barnstable is attached hereto as Exhibit "1" and made a part hereof, as is an attested copy of the town's zoning map which is attached hereto as Exhibit "2". 5.) The following subject parcel owned by the Defendant is located in the RF-1 Residential District: Assessor's Map 334 Parcel 005. 6.) The minimum side yard setback specified in the Chapter 240-13(E) of the Zoning Ordinance is 15 feet. 1 FACTUAL ALLEGATIONS 7.) Defendant has owned the Premises since February 27, 2001, when he acquired the same by a deed recorded with the Barnstable County Registry of Deeds at Book 13595, Page 189. (see Exhibit "3"). 8.) On April 10, 2002, Defendant was issued Building Permit Number 60360 for the installation of a 18 foot by 36 foot in-ground swimming pool at the Premises. (see Exhibit "4"). 9.) In support of Defendant's application for a building permit a plan was submitted showing the pool to be located to the rear of the dwelling situated 20 feet off of each of the side property lines, in conformity with the required fifteen (15) foot minimum side yard setback for the F-1 Zoning District. (see Exhibit "5"). 10.) Shortly after installation, the Building Department of the Town of Barnstable began to receive complaints from the Defendant's neighbor, Lisa Piccirilli. When the pool was installed, it was positioned to the far south side of the yard, infringing into the side yard setback. The concrete apron of the pool is located 9/10s of a foot from the property line, which abuts Ms. Piccirilli's property, and the pool itself is 5.9 feet off the side property line at its closest point. (see Exhibit "6"). In addition, the pool equipment infringed on Ms. Piccirilli's property, which was later relocated. 11.) Building Inspector, Paul Roma, had various conversations with Defendant regarding the construction and placement of the pool. On October 10, 2005, Mr. Roma mailed a letter to Defendant's wife, Janis Gold, confirming previous telephone conversations, stating that: a. the pool and equipment are located differently than the site plan supplied with the permit application, b. the pool is too close to the property line and the equipment is located on the neighbors property, c. both the pool and equipment must be moved to comply with zoning requirements, and d. that there is a right to appeal. (see Exhibit "6"). 12.) The Defendant filed an application for a variance from the Town's Zoning Ordinance, section 240-14(E) RF-1 Residential District Bulk Regulations side setback requirement of fifteen (15) feet, with the Zoning Board of Appeals ("Board") on October 14, 2005, to allow for the swimming pool to infringe into the setback. (see Exhibit 7"). 13.) The hearing was opened on November 2, 2005. Before the Board Defendant testified that he hired Holiday Pools to install the pool. He further testified that he instructed the pool installers to reorient the direction of the pool from north to south, as shown on the plan submitted with the application for a permit, to east to west, its current location. The Defendant intended to adjust the location of the pool so the access to the rear area of the lot would remain possible as he had intended to divide his lot to create a developable lot to the rear. 14.) On November 2, 2005, the Board denied the Defendant's request for a variance. (see Exhibit "8"). The decision of the Board was signed on November 15, 2005 and filed with the Town Clerk. 2 r • 15.) Defendant filed an appeal to the Superior Court from the Board's decision. The Court, on March 20, 2006, dismissed the complaint, upholding the decision of the Board. (see Exhibit "9"). 16.) On August 2, 2006, Paul Roma, Building Inspector, mailed to Defendant a cease and desist letter (see Exhibit 10"), and a second letter was sent from Tom Perry, Building Commissioner, on September 26, 2006 informing Defendants that the premises must be brought into compliance with the Zoning Ordinance. (see Exhibit 11"). These orders were never complied with or appealed. COUNT ONE: (ZONING VIOLATION) 17.) The Town hereby repeats and re-alleges each and all of the allegations set forth above. 18.) Defendant's continued maintenance of the Structure located within the side yard setback on the Premises constitutes a violation of the Town of Barnstable Zoning Ordinance, Chapter 240, section 13(E). 19.) The actions of the Defendant in refusing to comply with the applicable provisions of the Town of Barnstable Zoning Ordinance, the order of the Zoning Board of Appeals and the Building Commissioner, by continuing to maintain the Structure will continue to cause extreme prejudice to the public interest. 20.) Unless he is restrained by this Court, Defendant will continue to maintain the Structure on the Premises. 21.) The actions of Defendants in refusing to comply with the applicable provisions of the Town of Barnstable Zoning Ordinance has caused irreparable harm to the public interest. 22.) The Town has no adequate remedy at law. 23.) Defendant will not suffer any harm from the imposition of the injunctive relief prayed for herein, as he has no right to expect to be allowed to maintain the Structure on the Premises, as he has been denied a variance from the Zoning Board of Appeals and has been given ample time to cease and desist from doing so. 24.) The Town is entitled to preliminary and permanent injunctive relief to prevent Defendant from maintaining the Structure on the premises. WHEREFORE, Plaintiffs respectfully pray that this Honorable Court: 1.) Enter a temporary restraining order, preliminary injunction, and permanent injunction against the Defendant, Randolph Gold, prohibiting him maintaining the structure constructed within the side yard setback on his land shown as parcel 005 on Barnstable Assessor's Map 334 in violation of Chapter 240-13(E) of the Zoning Ordinance, 2.) Award the Town and Building Commissioner their costs of suit; and 3 • 3.) Grant the Town and Building Commissioner such other and further relief as may be just and equitable. Dated: February 5, 2008. BUILDING COMMISSIONER, Plaintiff, By their Attorneys, RUTH J. WEIL, Town Attorney [B.B.O. No. 519285] CHRISTINE M. PALKOSKI, Of Counsel [B.B.O. No. 6617111 TOWN OF BARNSTABLE 367 Main Street, New Town Hall Hyannis, Ma. 02601-3907 (508) 862-4620 (508) 862-4724 (Fax) I 4 BLE AFFIDAVIT OF PAUL ROMA , F FEB 28 i TOWN OF BARNSTABLE V. RANDOLPH GOLD 1) 1 am a Building Inspector in the Town of Barnstable and have served in this capacity since December 20, 2004. 2) On June 15, 20051 received a complaint from Lisa Piccirilli, 1348 Mary Dunn Rd., that her neighbor, Randolph Gold of 1360 Mary Dunn Rd., had installed a pool that is, "...now located on our property...." 3) In response to this complaint , I made a site visit on that same day and saw a pool, its pump equipment, a wood picket fence,and a chain link fence. The pool was orientated differently than on the plan submitted for the building permit for the pool. The fences distorted where property lines might be. Without an accurate survey, I could not determine the location of the pool. 4) On June 22, 20051 met with Mrs. Gold and we discussed the orientation and placement of the pool, the concerns of Ms. Piccirilli, and the setback requirements of the town. Mrs. Gold said that she was trying to work out a land swap/sale with Ms. Piccirilli. 5) I discussed separately with Mrs. Gold and Ms. Piccirilli the need of having an accurate survey of the location of the pool. 6) In early September, 2005 Ms. Piccirilli dropped off a copy of the survey she had done dated September 1,-2005, showing her property, Mrs. Gold.'s property, and the location of the pool. 7) 1 discussed with Mrs. Gold her right to have her own survey done, but based upon Ms. Piccirilli's survey the pool was encroaching into zoning setbacks. Mrs. Gold repeated that she was trying to work out a land swap/sale. Ms. Piccirilli later said this would not happen. 8) On September 27, 2005 Ms. Piccirilli dropped off to this office a copy of a fax sent to her by her surveyor showing a detail of the larger survey of 9-1-05. This detail showed the pool apron was between 1'-1.3' from her property line and that the pool equipment pad was on her property. 9) I met again with Mrs. Gold and discussed this information. She repeated the land sale/swap possibility. Ms. Piccirilli again later said this sale/swap would not happen. 10) On October 10, 2005, I sent a letter to Mrs. Gold to confirm our conversations. The pool and its equipment are located differently than on the site plan supplied with the permit application; the pool is too close to the property line; the pool equipment is located on her neighbor's property; the pool and its equipment must move to comply with zoning; and she does have the right to appeal this decision and to have her own survey. 11) On October 31, 2005, I made another site visit and took photos of existing _ condition . Nothing had changed froui previous visits: �p—D 12) To my knowledge, Mrs: Gold did not have her own survey done, but did appeal the decision to move the pool. On November 15, 2005 The Zoning Board of Appeals denied her request for a variance. 13) Mrs. Gold and I spoke of the need to move the pool and she again spoke of the possibility-of a land swap/sale. 14) On May 17, 2006 I again made a site visit and took photos. There was no change to conditions as they had been. 15) On June 30,2006, I sent a letter to Mrs. Gold stating that the appeal period had expired and that the pool must be moved or removed. 16) On August 2, 2006, I sent a.CEASE AND DESIST letter to Mrs. Gold because the pool had not been moved or removed. I have seen no effort on Mrs. Gold's part to comply with any of these requirements. Signed under the pains and penalties of perjury on this 281" day of February, 2008. r Paul Roma Local Inspector Town of Barnstable U tZ c,�' SZ � j Message Page 1 of 1 Roma, Paul To: Palkoski, Christine Subject: RE: Roma Affidavit 250208 Christine, There was an error in transcription on item 11 of my affidavit of 2-28-08. It should read, "Nothing had changed from previous visits except that the pool pump/pad had been moved." I made the corrections on copies of the affidavit here. I'll drop off a corrected copy at your office today. Paul -----Original Message----- From: Palkoski, Christine Sent: Monday, February 25, 2008 12:32 PM To: Roma, Paul Cc: Perry, Tom; Weil, Ruth Subject: Roma Affidavit 250208 Paul, Attached please find a very basic draft of an affidavit in the Gold case. I need you to add/outline all of your involvement in_this matter. For example, how you got involved, who you spoke to and the content of the conversations, and any other information that is pertinent in this matter. Since time is of the essence (this needs to be filed before April 9th) I would greatly.appreciate it if you could have this back to me by the end of the week. If you have any questions, please ask me. Thank you. Christine 2/29/2008 AFFIDAVIT OF PAUL ROMA TOWN OF BARNSTABLE V. RANDOLPH GOLD 1) I am a Building Inspector in the Town of.Barnstable and have served in this capacity since December 20, 2004. 2) On June 15, 2005 1 received a complaint from Lisa Piccirilli, 1348 Mary Dunn Rd., that her neighbor, Randolph Gold of 1360 Mary Dunn Rd., had installed a pool that is, "...now located on our Iproperty...." . 3) In response to this complaint ;I made a site visit on that same day and saw a pool, its pump equipment, a wood picket fence, and a chain link fence..The pool was orientated differently than on the plan submitted for the building permit for the pool. The fences' distorted where property lines might be. Without an accurate survey, I could.not determine the location of the pool. 4) On June 22,2.005 I met with Mrs:Gold and we discussed the orientation and placement of the pool,the concerns of Ms. Piccirilli, and the setback requirements of the town. Mrs. Gold said that she was trying to work out a land swap/ sale with Ms. Piccirilli. 5) I discussed separately with Mrs. Gold and Ms. Piccirilli the need of having an accurate survey of the location of the pool. 6) In early September, 2005 Ms. Piccirilli dropped off a copy of the survey she had done dated September 1, 2005, showing her property, Mrs. Gold's property, and the location of the pool. 7) I discussed with Mrs. Gold her right to have her own survey done, but based upon Ms. Piccirilli's survey the pool was encroaching into zoning setbacks. Mrs. Gold repeated that she was trying to work out a land swap/sale.Ms. Piccirilli later said this would not happen. 8) On September 27, 2005 Ms. Piccirilli dropped off to this office a copy of a fax sent to her by her surveyor showing a detail of the larger survey of 9-1-05. This detail showed the.pool apron was between 1'-1.3' from her property line and that the pool equipment pad was on her property. 9) I met again with Mrs. Gold and discussed this information. She repeated the land sale/swap possibility. Ms. Piccirilli again later,said this sale/swap would not happen. 10) On October 10, 2005, I sent a letter to Mrs. Gold to confirm our conversations. The pool and its equipment are located differently than on the site plan supplied with the permit application; the pool is too close to the property line; the pool equipment is located on her neighbor's property; the pool and its equipment must move to comply with zoning; and she does have the right to appeal this decision and to have her own survey. 11) On October 31, 2005, I made another site visit and took photos of existing conditions. Nothing had changed from previous visits except that the pool pump/had been moved. 12) To my knowledge, Mrs. Gold did not have her own survey done, but did appeal the decision to move the pool. On November 15, 2005 The Zoning Board_of Appeals denied her request for a variance. 13) Mrs. Gold and I spoke of the need to move the pool and she again spoke of the possibility off-a land swap/sale. 14) On May 17, 2006 I again made a site visit and took photos. There was no change to conditions as they had been. 15) On June 30,2006, I sent a letter to Mrs. Gold stating that the appeal period had expired and that the pool must be moved or removed. 16) On August 2, 2006, I sent a CEASE AND DESIST letter to Mrs. Gold because the pool had not been moved or removed. I have seen no effort on Mrs. Gold's part to comply with any of these requirements. Signed under the pains and penalties of perjury on this 28th day of February, 2008. Paul Roma Local Inspector Town of Barnstable COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss: SUPERIOR COURT C.A. No. BUILDING COMMISSIONER of the TOWN OF BARNSTABLE, Plaintiff, AFFIDAVIT OF V. PAUL ROMA RANDOLPH GOLD, Defendant. ) 1.) 1 am a Building Inspector in the Town of Barnstable and have served in this capacity since ...... 2.) In the spring/early summer? of 2002 1 began to receive complaints about the property located at 1360 Mary Dunn Road. In response to these complaints I ........... I observed............. 3.) 1 had various conversations with Defendant regarding the construction and placement of the pool. During these conversations, the Defendant told me .......... 4.) On October 10, 2005, 1 Mr. Roma mailed a letter to Defendant's wife, Janis Gold, confirming previous telephone conversations, stating that the pool and equipment are located differently than the site plan supplied with the permit application, the pool is too close to the property line and the equipment is located on the neighbors property, both the pool and equipment must be moved to comply with zoning requirements, and that there is a right to appeal. 5.) Defendant filed an appeal to the Superior Court from the Board's decision. The Court, on March 20, 2006, dismissed the complaint, upholding the decision of the Board. (see Exhibit "9"). 6.) On August 2, 2006, after the Zoning Board of Appeals denied Defendant's request for a variance I mailed to Defendant a cease and desist letter. I have not observed any effort on Defendant's part to comply with my cease-and-desist letter. Signed under the pains and penalties of perjury this st day of February, 2008. 1 Paul Roma, Building Inspector Dated: February 5, 2008. 2 AFFIDAVIT OF PAUL ROMA TOWN OF BARNSTABLE V. RANDOLPH GOLD 1) I am a Building Inspector in the Town of Barnstable and have served in this capacity since December 20, 2004. 2) On June 15, 2005 I received a complaint from Lisa Piccirilli, 1348 Mary Dunn Rd., that her neighbor, Randolph Gold of 1360 Mary Dunn Rd., had installed a pool that is, "...now located on our property...." 3) In response to this complaint , I made a site visit on that same day and saw a pool, its pump equipment, a wood picket fence, and a chain link fence. The pool was orientated differently than on the plan submitted for the building permit for the pool. The fences distorted where property lines might be. Without an accurate survey, I could not determine the location of the pool. 4) On June 22, 2005 I met with Mrs. Gold and we discussed the orientation and placement of the pool, the concerns of Ms. Piccirilli, and the setback requirements of the town. Mrs. Gold said that she was trying to work out a land swap/ sale with Ms. Piccirilli. 5) I discussed separately with Mrs. Gold and Ms. Piccirilli the need of having an accurate survey of the location of the pool. 6) In early September, 2005 Ms. Piccirilli dropped off a copy of the survey she had done dated September 1, 2005, showing her property, Mrs. Gold's property, and the location of the pool. 7) I discussed with Mrs. Gold her right to have her own survey done, but based upon Ms. Piccirilli's survey the pool was encroaching into zoning setbacks. Mrs. Gold repeated that she was trying to work out a land swap/sale. Ms. Piccirilli later said this would not happen. 8) On September 27, 2005 Ms. Piccirilli dropped off to this office a copy of a fax sent to her by her surveyor showing a detail of the larger survey of 9-1-05. This detail showed the pool apron was between 1'-1.3' from her property line and that the pool equipment pad was on her property. 9) I met again with Mrs. Gold and discussed this information. She repeated the land sale/swap possibility. Ms. Piccirilli again later said this sale/swap would not happen. 10) On October 10, 2005, I sent a letter to Mrs. Gold to confirm our conversations. The pool and its equipment are located differently than on the site plan supplied with the permit application; the pool is too close to the property line; the pool equipment is located on her neighbor's property; the pool and its equipment must move to comply with zoning; and she does have the right to appeal this decision and to have her own survey. 11 On October 31 2005 I made another site visit and took photos of existing g conditions. Nothing had changed from previous visits except that the pool pump/had been moved. 12) To my knowledge, Mrs. Gold did not have her own survey done, but did appeal the decision to move the pool. On November 15, 2005 The Zoning Board of Appeals denied her request for a variance. 13) Mrs. Gold and I spoke of the need to move the pool and she again spoke of the possibility of a land swap/sale. 14) On May 17, 2006 I again made a site visit and took photos. There was no change to conditions as they had been. 15) On June 30,2006, I sent a letter to Mrs. Gold stating that the appeal period had expired and that the pool must be moved or removed. 16) On August 2, 2006, I sent a CEASE AND DESIST letter to Mrs. Gold because the pool had not been moved or removed. I have seen no effort on Mrs. Golds part to comply with any of these requirements. Signed under the pains and penalties of perjury on this 28t" day of February, 2008. Paul Roma Local Inspector Town of Barnstable. °Ft► Ta,� Town of Barnstable * Regulatory Services * snxNsznai.e, v Mass. g Thomas F. Geiler,Director 1639• �0 AIEDMA�A Building Division Thomas Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 October 10,2005 Dear Mrs. Gold, This letter will confirm our several conversations regarding the location of your swimming pool and its equipment: 1) based upon a site visit,the pool and its equipment are located differently than the site plan supplied with the pool permit application 2) based upon the survey contracted by your neighbor,the pool is too close to the property line and the equipment is located on your neighbors property 3) both the pool and its equipment must be moved to comply with zoning requirements 4) you have the right to conduct your own survey and/or appeal this decision with the Zoning Board of Appeals. If you have any questions,please contact this office. i�j Paul Roma Local Inspector a , Y r y C! ERK • esxx�srAs�.g _ ��? "`;�':r r r?ns �• Jr Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2005-101—Gold Variance-Section 240-14(E)Bulk Regulations Side Yard Setback To allow an existing swimming pool to infringe into the 15-foot required side yard setback Summary: Not Granted Petitioner: Randolph R. Gold Property Address: 1360 Mary Dunn Road,Barnstable,MA Assessor's Map/Parcel: Map 334,Parcel 005 Zoning: Residential F-1 Zoning District Relief Requested &Background: According to the Assessor's Record,the property is a 2.15-acre parcel located on Mary Dunn Road in Barnstable. It was developed in 1972 with a five-bedroom, single-family dwelling of 2,193 sq.ft. and a detached accessory garage. The applicant has owned the home since February of 2001. On April 10 2002 the applicant was issued Building Permit N . for the installation of an 'p pp g o 60360 m ground swimming pool. According to the plan submitted with the building permit,the proposed pool was to be located to the rear of the dwelling situated 20 feet off of each of the side property lines,in conformity to the required 15 foot minimum side yard setback for the F-1 Zoning District. However,when the pool was installed,it was positioned to the far south side of the yard, infringing into the side yard setback. The concrete apron of the pool is located 9/1Os of a foot from the property line and the pool itself is 5.9 feet off the side property line at its closest point. The fencing around the pool infringes into the neighboring lot as does the pool equipment. According to the applicant,the infringement occurred"because the pool company only went by 10' setback for Hyannis not Barnstable and a.miss read plot plan." According to the plans submitted with this appeal, the applicant intends to relocate the electrical and pool equipment. The plan is silent with respect to the fence. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on October 14,2005. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened November 02,2005, at which time the Board did not find to grant and a motion to grant did not carry. Therefore,the variance is not granted. Board Members deciding this appeal were,Randolph Childs,James R. Hatfield,Jeremy Gilmore, Daniel M. Creedon III, and Gail C. Nightingale Chairman. The applicant,Randolph R. Gold,represented himself at the hearing. Mr. Gold cited he had hired Holiday Pools to install the pool including securing of all permits for it. He stated that initially Holiday Pools had planned the pool in a north-south direction and that he had preferred it to be installed in an east-west direction. Mr. Gold stated that the location of the pool was based upon an earlier survey plan and the layout was based upon a 10-foot side yard setback requirement and not the 15-foot setback for the district. He stated that the pool company had gone by the setback for Hyannis and not those of this zoning district. Mr. Gold also stated that the survey plan they relied upon was not accurate. He stated that he had planned to re-engineer his property line in hopes of creating a second buildable lot from the rear area of his property. He stated that he had contacted his neighbor,Ms Lisa Piccirilli, with regards to a property swap or purchase but was not successful in persuading her to do so. He stated that he had JC Engineering survey the property to locate the property line on this side of the home and that they had determined that the line was not where the fence was located at that time. He stated that. the former owner had installed the fence. Mr. Gold cited that he has since relocated the fence more to the property line. He also stated that the pool equipment has been removed from Ms.Piccirilli's property and relocated back onto his lot in conformity to the required yard setbacks. Public comment was requested, and Attorney Bruce C. Gilmore representing Ms Lisa Piccirilli,the neighboring abutting property at 1348 Mary Dunn Road, spoke in opposition. He cited that the Building permit issued showed the location of the proposed pool well in conformity to the required setbacks. He stated that the applicant has testified that he instructed the pool company to realign the pool in the east-west direction and adjusted its location so the access to the rear area of the lot would remain possible as he had intended to divide his lot to create a developable lot to the rear. He concluded that the infringement was not an accident but was deliberately situated where it was built. He stated that this is a self-imposed hardship and no variance condition exists. Mr. Gilmore presented photos of the pool area and infringements into his client's property. Marcia C.Jansson of Dromoland Lane,Barry L.Kevorkian of 1404 Mary Dunn Road,Eleanor Hayes, 126 Dromoland Lane, and James Wood and Lisa Piccirilli all spoke in opposition to the granting of the variance. Findings of Fact: At the hearing of November 02, 2005,the Board unanimously made the following findings of fact: 1. Appeal 2005-101 is that of Randolph R. Gold seeking a variance for property addressed 1360 Mary Dunn Road,Barnstable,MA. The subject property is as shown on Map 334 as Parcel 005. The parcel is in a Residence F-1 Zoning District. The applicant is seeking a-Variance from Section 240-14 (E)RF-1 Residential District Bulk Regulations side setback requirements of 15 feet,to allow for a swimming pool to infringe into the setback. 2. The property at issue is a 2.15 acre parcel located on Mary Dunn Road in Barnstable. It was developed in 1972 with a five-bedroom, single-family dwelling of 2,193 sq.ft. and a detached accessory garage. The applicant has owned the home since February of 2001. 3. On April 10, 2002 the applicant was issued Building Permit No. 60360 for the installation of an 18 by 36 foot in-ground swimming pool. According to the plan submitted with the building permit, the proposed pool was to be located to the rear of the dwelling situated 20 feet off of each of the side property lines, well in conformity to the required 15 foot minimum side yard setbacks for the F-1 Zoning District. 4. The applicant has testified that he instructed the pool installers to reorient the direction of the pool from north to south as shown on that plan to an east to west. Furthermore, when the pool was installed, it was 2 positioned to the far south side of the yard,infringing into the side yard setback. The concrete apron of the pool is located 0/10s of a foot from the property line and the pool itself is 5.9 feet off the side property line at its closest point. The fencing around the pool infringed into the neighboring lot as did the pool equipment. However the fence and pool equipment has been moved into conformity as testified to by the applicant. 5. In order for the Board to grant a variance,the applicant must substantiate those conditions unique to this lot that justify the granting of the relief being sought, substantiate that hardship if the relief were not granted, and show that the relief may be granted without substantial detriment. The applicant has not shown that any unique conditions exist. With respect to the hardship,the applicant cited a financial hardship if he were compelled to move or remove the pool. This hardship however is self-imposed as he selected the location of the pool. Public testimony has indicted that to grant this variance it would represent a substantial detriment to the neighborhood. Decision: Upon the unanimous vote on the findings, a motion was duly made and seconded to grant the variance requested. The vote was as follows: AYE: None NAY: Randolph Childs,James R. Hatfield,Jeremy Gilmore,Daniel M. Creedon III, Gail Nightingale Ordered: Appeal 2005-101 is not granted and therefore denied. 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. 11 r5 a G ighting , Cha' Date Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby ceTtif y 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 o o o DD 3r under the pains and penalties of r erjury: Linda Hutchenrider,Town Clerk 3 Proof of Publication tEGAL NOTICES Town of Barnstable Zoning Board of Appeals Notice of Public Hearing Under The Zoning Ordinance November 2, 2005 To all persons interested in,or affected by the Zoning Board of Appeals under Section 11:of Chapter 4.0A of the General Laws of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that: 7:00 P.M. Sherman Appeal 2005-095 Moses H.Sherman and Claire L.Sherman have applied for a Variance to Section 240-14(E) Bulk Regulations Minimum,Lot Area and Section 240-36 Resource Protection Overlay District Minimum Lot Area. The relief from the minimum lot area requirements is for a 0.46-acre lot that, has merged with an adjoining lot held in common ownership. The applicants seek to unmerge . the lot so that it would be a separate buildable under zoning. The subject property is located as shown on Assessor's Map 077 as Parcel 045,addressed 19 Hilltop Drive, Marstons Mills, MA' 02648 in a Residence F and Resource Protection Overlay Zoning Districts. 7:15 P.M. Gold Appeal 2005-101 Randolph R.Gold has applied fora Variance from Chapter 240-14(E)RF-1 Residential District Bulk Regulations side setback requirements of 15 feet,to allow for a swimming pool to infringe 5 feet into the setback. The subject property is as shown on Map 334 as Parcel 005,addressed 1360 Mary Dunn Road,Barnstable,MA 02630 in a Residence F-1 Zoning District. 7:25 PM JDJ Housing Development-The Village Green Comp.Permit 2003-90 JDJ Housing Development,LLC has requested a modification in Comprehensive Permit 2003-90 issued for the development of the Village Green,a 135 unit rental apartment development with 44 units committed to affordable housing on 14.32 acres. The Applicant seeks to.change the + total number of units from 135 to 148 units and to.change the number of affordable units from 44 units committed to low.and moderate-income households to 37 units committed to low and moderate-income households and 14 units committed to workforce housing,those households eaming between 81%and 120% of the area median income. The Property is addressed 770' Independence Drive-Barnstable,MA,as shown on Assessor's Map 332 as Parcel 010-1,located in an Industrial Zoning District. 7:30 P.M. Bay Point Appeal 2005-100 Bay Point,LLC,Stuart A:Bornstein,Manager,has applied for a Comprehensive Permit under the General Laws of the Commonwealth of Massachusetts,Chapter 40B"Affordable Housing" to allow the construction of 11,multi-family units to be located on 2.38 acres. Three of the units are to be dedicated as affordable and sold to low and moderate income housing. The property. is shown on Assessor's Map 036 as parcel 015,addressed 671 Main Street,Cotuit, MA,in a Residence F Zoning District. These Public Hearings will be held at the Barnstable Town Hall, 367 Main Street, Hyannis, MA, Hearing Hoorn, 2nd Floor,Wednesday, November 2, 2005. Plans and applications may; be reviewed at the Planning Division,Zoning Board of Appeals Office,Town Offices,200 Main Street,Hyannis,MA. Gail Nightingale,Chairman Zoning Board of Appeals The Barnstable Patriot October 14 and October 21,2005 Zoning Board of Appeals (ZBA) Abutter List for Map 334 Parcel 005 Abutters=Parties of Interest-those directly opposite subject lot on any public/private street/way and abutters to abutters. Notification of all properties within 300' ring of the subject lot. This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters. The requestor of this list is responsible for ensuring the correct notification of abutters. Owner and address data taken from the Town of Barnstable Assessor's database on10/13/2005 Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country 334002001 BEARSE,ROBERT E PO BOX 243 BARNS LE MA 02630 334002002 PASTVA,GARY J&CATHY H P 0 BOX 346 CUMMAQUID MA 11 Q I USA 34002003 CROSBY,ROBERT M&PAULA A P O BOX 2 BARNSTABLE MA 02630 USA 334002004 MONIZ,RHONDA PO BOX 282 CUMMAQUID MA 02637 USA 334002005 HALL,STEPHEN F&JEAN E C/O 1ST NATIONWIDE MORTGAGE P O BOX 9444 GAITHERSBURG MD 20898 USA 334002006 DOANE,PRISCILLA A 1319 MARY BARNSTABLE MA 02630 USA DUNN RD 334002007 LAWRENCE,KELLY R&CHARLES %BRISETTE,JOHN F&KATHLEEN W C/O NUTTER PO BOX 1630 HYANNIS MA 02601 G MCCLENNEN& FISH 334002011 MARSHALL,RICHARD M P 0 BOX 354 CUMMAQUID MA 02637 USA &SHARON 334002012 BABA,KENNETH A&SHERYL A 1393 MARY CUMMAQUID MA 02637 USA IDUNN RD 334003 WIRTANEN,ALLAN R KAREN M WIRTANEN P 0 BOX 142 CUMMAQUID MA 02637 USA 4004 FLORENTINE,GEORGE A& FLORENTINE,MARGARET 61 CONNELL BRAINTREE MA 02184 USA STREET 334005 GOLD,RANDOLPH R 1360 MARY BARNSTABLE MA 02630 DUNN RD 334008001 1JANSSON,ESTHER TR& JADISSON,IIAYES TR P O BOX 302 o CUMMAQUID MA 02637 USA 334008002 JANSSON,RON S&MARCIA C %.IANSSON,RON S&MARCIA C TRS JANSSON PO BOX 147 1BARNST LE MA 02630 FAMILY REALTY TRUST 1334012002 PICCIRILLI,LISA PO BOX 214 BARNSTABLE MA 02630 USA Friday,October 14,2005 Page 1 of 2 Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country 334014001 JANSSON,KENNETH M RD DUNN CUMMAQUID MA 02637 USA RD 334017 KEVORKIAN,BARRY L&JOYCE P O BOX 358 CUMMAQUID MA 02637 USA 4028 RODRICKS,RICHARD J&DIANNE P O BOX 146 N TRURO MA 02652 USA 33 M 334029 HEALEY,PAUL F&FRANCINE P 441 WARREN ST NEEDHAM MA 102492-2859�USA 334030 HOSFORD,JOSEPH R 117 CUMMAQUID MA 02632 USA DROMLAND LANE 334031 HANNON,THOMAS J&CAROL A 133 BARNSTABLE MA 02630 USA DROMOLAND LN 334035 HUBBARD,STEVEN G. PO BOX 1180 HYANNIS IMA 102601 334036 HAYES,DONALD J&ELEANOR P O BOX 468 CUMMAQUID IMA 102637 USA 334037 JANSSON,RON S&MARCIA C %JANSSON,RON S&MARCIA C TRS 1JANSSON PO BOX 147 1BARNSTABLE IMA 102110 USA FAMILY REALTY TRUST 335001 RICHARDSON,REBECCA C& CHIRIGOTIS,FREDERICK 1401 MARY CUMMAQUID IMA 102637 IDUNN RD ?. Page 2 of 2 Friday,October 14,2005 I f r � 334035 334002001 # � #1379I # k" s 34.004 � � : 5p �l 6 AM �'W - 3#40g6 C � ' 334002002Z AP Y } Vci s xi � T f a s } 134 334Q02004 .7 ., ;#1339 m 7 WrmLU WN tiJy�c.' v 334002005 h uE1�T3 #1327 �, 3340�4001 #4967 k #13241 cy+ Y fv E " r® � A P'4 2 2 2004 31y TOItidN OF BARNST c�ISTI ABLE I Q 77'� �RiG PRESEJR j;0N i_o_ Lar A z r ^ v, N P G 1 � I � I 230,00 � -- I certify that this located in Flo d Hazard Zonep�rty is e the.500 year f (out- bY the Department Of Housin identified Development (HUD)4 g and Urban Date ti6v.3a i997 \N or CERTIFIED PLOT PLAN ED�V�1go LOCATION ievr� E Red, SCALE.. �y=. ..... ...40' DATE�'/o?!30 /yy . .p-, PLAN REFERENCE BENC 4,7y-wZ 7 rs/ clsiea c. . .... i certify to its title ... . . .. . . . .. .. .... .. . . . .. .. .. ... ... .. . . ... that there insurance " ' .are no v' company. ... ... .. . . . . ... )r easements exce isible encroachments. plan Was I CERTIFY THAT THE ��-77NG jjW�c��tiG except as S�lOWri and that .t11ig SHOWN ON THIS PLAN IS LOCATED ON THE GROU!JD Prepared under; _.immediate AS SHOWN HEREON AND THAT IT CONFORMS.TO THE upervison, �r SETBACK REQUIREMENTS OF THE TOWN OF '9�3�F•••..• •WHEN CONSTRUCTED. DATE YoY.30 /9ic.7 REGISTERED LAND SURV OR r A.M 934/4 KSE ,�l3eo A.M 334/17 10 00 4, i019 j 19 aQ Y l AMw GS�S �`` A.M. 334136 A.M 334/5 p�,°j r A.M 334IM-P 1 p A M 334,137 N A.M 394114-2 SB?' OA 0300 k1 `' A.tf 3,74114-1 A.M 33416-.Z 08VF.t'S lACRIO J. IlUAGGU,'v0 & REFECCA J P.''TERS RE9. ZO,b'£ RF-I,, This MORTGAGE INSPECTION plan s or Hank FLOOD ZOVE: •C" _ REGIS Y OWNE � JNGRIa_L KoACJdsv�&Je O�A,l P P DEEP REF: �,5°,�,�A�_____-------BUYER: J34YPY DATE: �f �cl-- ---------- PLAN REF: I HIr'UBY CERTIFY TO 6 - . THAT THE BUILDING ON THE GROUND AS '{�*N�;E SURVEY �HCNT ON THiS PLAN IS-LOC 17ED p SHOWN AND THAT ITS P031TIoN LOSS -__- CONFORM CONSULTANTS TO THE ZONING LAW SETBACK REQUIREMENTS OF THE EW 40H INDUSTRY ROAD TOWN OF _ 'Rl49llySZt U ------ _ __-AND THAT 38010 IT DogH_1Y�lI_ LIE WITHIN THE SPECIAL, FLOOD HAZARD MARSTov: MILLS, ML 02648 AREA AS SHOWN ON THE H.L'.D. 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Y 1: � .,,�,I ��II� ( �.3� /q i"►.» ..w.e /li$6��n 1�f1,�V/I'r« � y��j�: ',. Yt .is�'�� ''v'E`� '. ;. '- ^mot` .9 J¢y{ � ✓� ' ""II ¢ �j s IN 13&0 Mar Bunn Rd., Hyannis 10/31 /05 1 t1 � L.ri Ou �rx /05 �ll 71 ) I` 4 •l 'i^it $' I Lx }j}+� ��y}i •h i 3� � ''�� Y R T � � `s. j�.ry� },,, �LZ i, ti 1�;•, t 4° eo- •r+r�ti� w �� i 41r.�� $�Yra. >�� ''��$'�'•y R`T^?,�i E �y �v�e � y_..� y �,,I.+`'`t��-. t� ��•41 as;'�. Ov _ _ � ��- — 4 J Jt �II �ityi■ :.�� .ds"{mil-:i�•4 .:.. y7. .�i �. ti t s, • s Town of Barnstable OFS"E'°�,, Regulatory Services Thomas F.Geiler,Director ,"' 'STs ' Building Division - T .MASS.- 0a - - ' i639. MA�� . - : �o-Nzain. t,:xyazs,MA..a1 : )ffice: 508-862403.8 _:: _,.. .. Fax: 508-790-64.30 -. - .:GO.M. PI�AINTTUIY RE 'ORT . . ec Date: _ 5 .. . by.. 49 Com laint -Name: 2AAN21011 Map/Parcel.. 39- / (2s Location f -Address: dY1ACIV OOL)WV PZA° Originator Name: . . . ..1 - /�ice 1p-f0Zt ' t' iS ;,� u;S Street: C/,' iM14�Y-' 16 u vAj 24 Village:CU*MM OW State: M14 Zip: 0.2630 Telephone: Complaint Description: ' L o c;*-CP oA-) Q ' S ^J01— /.q'l 06vj� Ly.� ttvyeC yc2d�ri2� �� ��c2 �� ��z62vn1 FOR OFFICE USE ONLY Inspector's Action/Comments Date: -. "-'.� . _ 1 Inspector: . .. ;� � a--.�.� � rum--Q• �� �-�.o -e r ,A,44--.,7nfn- Attached- Ass sor s office .(1 t loor): 1- p 3. D.0 S 6v D�TN E TO I Assessor's ma and lot number' .............. ... ......................... SrPMCi SY.�sMM MUST BE Q` I►o Board of Health (3rd floor): INSTALLED IN COMPLIANCE d'" Sewage Permit number .... 7mAo 1. o . . ........ . ... O �J VWM Z TITLE 5 BAHd9TMLE. Engineering Department (3rd floor): l % � J. EItIVIRDId�EI�/�I.CODE�IdD �o rasa House number ................ 40 O iG39• �0 Definitive Plan Approved by Planning Board ----------------- -------- OYMOULA11ONS APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00.2:00 P.M. only TOWN OF B•ARNSTABLE 0UILDIN,G, , INSPECTOR APPLICATION FOR PERMIT TO \... I ..... .... 1:...... .C>. ................................................... . _ a TYPE OF CONSTRUCTION .c .o . .. .. .(`�.....: .............. ........ . TO THE INSPECTOR OF BUILDINGS: The undersigned hereby ap lies for a permit according to th following information: . �.... ........................... ....................�..0 �t Location ....�... �C�....': .. .. .R ... ..:. .\?..��.. .. .... .. �l-•-oQ--s V , i Proposed Use ....t�!.e.... da..�............� E.Q.. ........ ......N.. . .................... Zoning District ................................:........................................Fire District Name of Owner l ",C.x .�1 .A„ .\,i .N •• �ra4ddress Name of Builder ............PtT\....... ..........Address v Name of Architect ...........'_""_—................... .................Address. .................................. Number of Rooms .....:..... ...........:........:.....................:.....Foundation ©v.. ' Exterior 17.� C.,.:..5��..;v...; �:�.�............................Roofing ......'.�.�` ...(\.t`� .'.1f.�... Floors ... ".....:........: �.1. .......�,.. ��. ....Interior .... \................... o Heating .......... ,,,...........; ..............Plumbing ........ -.... ...................:.. Fireplace ......... ..........:......Approximate'CostC�p .e:�. �. -............................... ....... .. ......................... Area ....(9. .':...5.`.1�. .. ... Diagram of 'Lot and Building with Dimensions Fee .....i.. .. ...................... G --i__ 1 ` —�tC OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS �I hereby agree to conform to all the Rules and Regulations of the Town of Ba7nst 4egardine above construction. I ti� Name .. �.. ..................... s,._.:•. Construction 'Supervisor's License ........Q.` .. „ ..7 ri HOAGLUND, INGRID & BECKY PETERS * q3.0 Build...ADDITION 1 �.o ..�.. ........Permit for ..... ........... - . Single-Family dwelling. Location ' 1360. MarV...Dunn..•Road. ' Owner Ingrid, Hoaglund '& Becky Peters ..... ... ........... - Type ofConstructiori' Frame ; � Plot .....` ".... ...... Lot"' ......#.3................. y Permit Granted ... -•June 26.,. ....19 89 t _+ r• Date of Inspection ... .... 32.... .........19 Date,C impi ed -....... . ..........19 ..� 119 co F � � i - � � -• to r Assessor's offioe Ust floor); Assessor's map and lot number ............................. .............. C�� cf?NE t0 Board of Health (3rd floor): SEPTIC SYSTEM MUST �`� Sewage Permit number ................... .."W. ?. =STALL.ED IN C©AIIPLiAN I B9Hd9TSDLE, Engineering Department (3rd floor): ,3 WITH TITLE 5 'oo rb & Housenumber ...................................................... ...:.... a '°rfo a� fPAX4,NMENTAL CODE ANM gar APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M. only. 1 011'4f4 REGULAT00i� " TOWN. OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO :..,....' !. '1�..... ... !Y�Zt�!. .. W /�1 ��G. �i�......................... TYPE OF CONSTRUCTION .......... .....G...� T! .�!..................... g..X..��......r.......................................................... GG TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies ffoor1 a permit according to the following information: Location ......�3�00.....f.. p .. i�!!?.. .................................................... Proposed Use .....4�N!Nf...� a� .......................................... ...............................................................:.... ................................. Zoning District ...............:... .. . ...............................................Fire District .. . . . ........................................ Name of Owner .. r.,. -Y .! .........Address ....... e— // ..................... (S4 `110 8 S'a 1+ , ................. Name of Builder .......16 --v.................... y......Address ...m.... ..... Name of Architect.............. .........................................Address 4--"-- rr Number of Rooms . ..... ..................................................Foundation ............ ...... Exterior ... .. ..Sffl.4 ICJ....................................,................Roofing ..-. ... ./ Floors ........4.l.�!�i.....................................................................Interior .........�. Heating C ..e ...................................................................... ........N'.................................... Fireplace ..........A.6 ...................................................................Approximate Cost Definitive Plan Approved by Planning Board ---------------------- --- 9 Area 1... Diagram of Lot and Building with Dimensions Fee ..... ®............................. SUBJECT TO APPROVAL OF BOARD OF HEALTH OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of arnstable regarding the above construction. Name . ... ... Construction Supervisor's License .0aWW JANSSON, ROBERT & INGRID 306 ADDITION No .-.�'...07 k . ..... ....... Permit ..................................... Single Family Dwelling .......................................................................... Location ....1.3.6.0....M.ary...D.unn...Ro.ad... . .. . .. .... ..... .... ....... ....... E. . ............................. Owner ...R.ob.e.rt....&...I.ng.r.i.d...J.a.n.s.s.on..... .... .. .... . .. .. .... .. . .. .. .. .. . .. .... Type of Construction ...Frame........................... . ............................................................................... Plot ............................. Lot ................................ Ap,.ril 6 . ..........19 - 11 ...........Permit Granted ... . . ....... Date bf Insp6ction ....................................*19 Date, Completed .......... ... ..............19 ...ems...• .-_ _ -'�-�.n -.. �•'�•.i� '�. ^+Fr'�+n.'11+M`i.l. ,rr4ss is map and lot number INSTALLED IN CQMP.IAWS WITH AR"I"K.A.E Ill STATE Sewage Permit number ..... �:•�G•.`.................... WN ITARY CODE NO . 4 i 7H E t�� TOWN OF BAR LE i BASHSTIIDLE, i "°9 BUILDING INSPECTOR �o waY a' as$ � kAPPLICATION FOR PERMIT TO ............ ...:......................................................... TYPE OF CONSTRUCTION 0 o p � ^\ ............................................................................................................... ........... 1... .............................t9......y TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location A�... �d.:................. Proposed Use I �1r (�Qv A (� *--4 A- +! ' ... ......................................................................... . Zoning District T ........................... ...........................Fire District f'k�01 44b. 7.......................................... Name of Owner Olf�Y-�? �P.! �°A. .......................Address .�r�.'� .... ...... ............................... Name of Builder��'.s2� �-c-� 0� C, v�sf-��a �� �:�a�l U.� .............Address S �^ r1 , Nameof Architect ......67............................................................Address .................................................................................... Number of Rooms .......................................................Foundation 1 8 ,r C Exterior We o �D �v- !-'�. .............................................Roofing �'-� ............ ...................................................................... Floors �° .....Interior Q HeatingMBt� ,.......................................................Plumbing l :O�.............. .............. ............................................................. :b�. ............................................ t Fireplace ........... ............Approximate Cost .......... ......................................... Definitive Plan Approved by Planning Board ----------------------_---------19 , Area ................� $...............O Diagram of Lot and Building with Dimensions �-�— Fee ............................................. .SUBJECT TO APPROVAL OF BOARD OF HEALTH I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. p Name K''9. .�1... .:. .... .... ...'....... ' Hoaglond° Robert 11443 garage N Permit for --. � K, � � �����......' jt:3��� Mary Dunn Road ion— �� ---------------------' Barnstable . � --------------------------. Owner ----.Rob.e.rt..��mglm�m8_______ | ' , �ra�� Type 6f Construction --- ----------_ ' ' - ' --------------------------' � � Plot ............................ Lot ................................ � � Permit Granted ........N.qyPmjb.o,.r..l.3....... g 74 ` Date of Inspection ----.. --._—lA Date Completed ~[ ....... ' ' . ' � � PERMIT REFUSED ' -----_—.-----......................... lQ . � --------------------------' —'----------`-------------- ' --------------'--^-----'--'—'' � ------------~----'~--'----^— ' Approved ................................................ lQ | ' � � .......................................................... . , \ --------------------..~---.~ | . ' ' ' ,� „- S, .:_,. , `._�,? 4.. ,....0 F.0.. :.., '�'.�:. .�, _. .. _ t,,'..w:a:�t-d ,��,,,,{„ r.e,^- �,' _ '"r: :'lei' •In''.. ,.s ,t,14 ,x �:.y. s 3 �,,,� ��#. Y<- {. {' +r'k..e. ...,�,4 �. 't... a. ..r . d 4 ..�..• :... .. „1. ::n. r.`, _ � � .� "S^ N.. -i:- R� L - ..•1. S.b"pa y;•. ..'. ... .....,: i='':: :,Y ,':.),,.:. _ ,.. ..:,•`:- ...,5,�'.lR. LE84'- ,�S•. L R.:'! .�g� .f.. 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Nui N es 3 - z ►C V_ 0' W �;r E L S la f l3 1, p LlRPAVA L; - Jr). jo Q f V I F 11.1:, cn 192, � All PARKIN t z G L a rob Nt— RT S Roe 10, �a� P'AC;� J�atl.L t1o�E s ', uw Dec:: I300lc. 1492 p ml= 4 CUT Ap �4 LUi PI:.Fh.1V SkEiGH -t�pAE,i».1JND 4YUi" pN NN R'O .t-� t s 4 FT' . . I N� I✓'t L � �' i I)Qr r r 4 . all r � r 1 r V�\ t� b o y f � b�PyOFTNETp�yn TOWN OF BARNSTABLE SS � i BABbSTADLB, i M6 9 G N BUILDING INSPECTOR PY a' APPLICATION FOR PERMIT TO fgvI�p..AN 8`°'4"Sp F I ADDITION io C-0 i 1►4e, 5 0MMER CD'�G►E . .......................................................................................................... WOOD FRAME C51'=r V►F-W A-AjGH►_�7 TYPE OF CONSTRUCTION ................................................... G"b(EIJ Sf..... ................................................... ` —.............................. ....�.�..........�o....................19�.1... TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ......MACS ....1�.�(.(I�S R.�AD� eu�►MAc�U►��...!`!AS ............................................................................. Proposed Use AL-L.. SC---AeO►N HOME E FDiZ M`(SCt-.= veil=�..�...�O el-1(►--P)ZE W ............................ ........................... .................................................. Zoning District ................ ...................................................Fire District .. .................................................. 12013E(z T �i & Name of Owner .�.f3aiF—tp T H0A�LU►.1� „ ,Addres 1WL (WOL t7KIV&t VGPOAM,MAsS 0202!& ....................................... .................... ..:...... .................... V0�1a/me of Builder ............................. .................... ................�3dress ................. ..........P.. s-... Name of Architect ....... 0 N G ( l............................................Address Number of Rooms F�v.�.=..`'r✓..............................Foundation Fdojz�p Cc)NC���� ................... ................................................................ Exterior ...�IJHL.........C�DA..........I�IN�aLC-5...............Roofing ...P�'' lIALi SE{jNGI„t:S ............................................................... /rL`f SeO(� W l—f ii CA2(�CT WfiLL70(u L� Floors ......................... ........................ ..Interior PHille-LL.1NC, AP(�/Oiv 1'l.l��t IZ (U6FLLS ., Z. 13A5E30¢P 1.. Hci i s>=PTi e TA N K� �O 1 LGCo e - HeatingL:..�e.. ... ...............................................................Plumbing: 114q„ � R?o 0 L bF s }6-CS , .............`............................................................... No Fireplace .................................... ...........................................Approximate Cost ............-.?.................... o A Difinitive Plan Approved by Planning Board --------------------------------19________. Diagram of Lot and Building with Dimensions -' I hereby agree to conform to al' the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ................................................... ......................... [ / ` | Hoaglund, Robert G. & Ingrid J. ' . ^ add to ' No -.��.����- Permit for -_____.-..����... � ( \ � family dwel ling � } | ' ^r- 8aurY Dann Road �pconon ---...'....-.._._____.______._ � ^�� ) ~ ______.. ..��u�rm� l#..' ' � fobwert @° 6& J° > � Owner ----.--_-,___������__..�����-�~� ' . , . � Type of Construction . ame -_'_.____- -.-_ | ( -----.---..---.--.-----~-.~.---.. ~ Plot ............................ Lot ................................ \ � / . � Nov mber Permit Granted .........���.������--.24--.lA 5�' ^- | � Dote of Inspection lQ � � . Oota Completed *r . PERMIT REFUSED / ' . . l�^^-''-''~--------'----~^--`' -.-~...--....-....~..~.-.-...---,--. � 1 ` ' -.-,-,~-----.--------,--..----... � . ` � ~_`~''—^^^^^'~-~^'-^'~^'-'-~-'-'-'^-^-' l '------'—'-~''~-`^^-~`^-^'-^^----^^ f ` ' | Approved ................................................. lA . . � ' ^ --------^'---'---'-^-----''---' ' - ----------'------------'--'~^ � � � TOWN OF BARNSTABLE . ypFTHET�w OFFICE OF s BABHSTAELZ ; BOARD OF HEALTH 90� g39. `�y°j 397 MAIN STREET Om HYANNIS, MASS. 02601 N November 17, 197 Robert G. Hoaglund 142 Carol Drive Dedham, Massachusetts 02026 Dear Mr. Hoaglund,_. ___ The Board of Health approves the soil for sewerage on your property. Unfortunately the plan submitted to us can not be constructed as proposed. This plan calls for the leaching field to be less than twenty (20) feet from your building. The Board of Health requires a distance of twenty (20) feet or more. It would not be necessary for you to make an unnecessary trip to the Cape, but I would appreciate your correcting these enclosed plans and resubmitting them. V y truly o s, Franci Lambert, Authorized Agent Board of Health Town of Barnstable FHL/pc encl. (2) i ® W �p 8 FLAX POND PLAN BOOK 239 PAGE 123 CONRAIL z CS DH FND N/F GEORGE A. do MARGARET FLORENTINE WE � • O a - p� 4, � 2 ZONE UNE PC o O ZONE RF 1 OF _ VSTAB PAft LOCUS MAP 1' - 2000' b LOCUS PROPERTIES COMPRISED OF ASSESSOR'S MAP 334 PARCEL 012-002 W 6.4' PLAN BOOK 320 PAGE 88 - LOT 2 g DEED BOOK 11,096 PAGE 149 OWNERS/APPLICANTS: USA PICCIRILLI b 1348 MARY DUNN ROAD CUMMAQUID, MA 02630 = ASSESSOR'S MAP 334 PARCEL 005 PLAN BOOK 239 PAGE 123 PLAN BOOK 318 PAGE 58 - LOT 3 40 FT. ,PLAN BOOK 239 PAGE 123 o.92*2t ACCRR ES DEED BOOK 13,595 PAGE 189 �11NG 1 , OWNER/APPLICANT: RANDOLF R. GOLD E 1360 MARY DUNN ROAD �• 136d CUMMAQUID, MA 02630 CWi - 3 S 78'34'23' -�1 E -=-00@ 7D 240.00 \ _ ELECTRIC RISER � N 4_ 77.5' � I STORY FRAM i 1-48 . a I PLAN BOOK 320 PAG£,88 r� I 43.s98t SO. Fr. rCi 1.00t ACRES. 00, � o i i i i �N u Mf M W 230.00' c $ g LOT B N 82'03600' W 300.o0' 7D W a PLAN BOOK 320 PAGE 88 c N/F KENNETH M. JANSSON DEED BOOK 2.672 PAGE 193 300.00' g N LOT 1 PLAN BOOK 268 PAGE 43 N/F KENNETH M. JANSSON 1 iI - I i PLAN BOOK 239 PAGE 123 ND N/F GEORGE A. do MARGARET FLORENTINE JV —��R'-2 IOW LINE PER IONS IiF_� —�...`BARJYSr TN ' RA LOT 4 PLAN BOOK 345 N/F BARRY L do JO1 h 1 3 W BOOK 239 PAGE 123 40.266t SO. Fr. 0.92t ACRES CB DH FIND M 1D 4ME �'�RY S 76'0,8,oO• E ^I CONCRETE APRON �I mummmumS 78 W23' E 300.00' TD -- : 4 _ zl _ j 240.00 ELECTRIC RISER 60.00—_ —" CB DH FND �> -POOL EOUIPMENT PAD \ ` 4'.CHAINLINK FENCE —77.5' �1 DD, r I I NG L . .{• 1 Illlil 1 I NG/ _ 1' • Ma , i 1 ti 1 I . � 1348 1 3 LOT 3 a I 1 1QLZ - PLAN BOOK 320 PAGE 88 I I PLAN BOOK 320 PAGE W a 8 53.545t SO. Fr. I 1 43'598* SO. FT. 1.23t ACRES 1.00t ACRES I 1 vi �0100 � - —75.4' in wi M W 230.00' 70.00' LOT B N 13 ' 00' W 300.000 TD g PLAN BOOK 320 PAGE 88 g h c! N/F KENNETH M. JANSSON Z 162.58 DEED BOOK 2.672 PAGE 193 300.00' - — — —' — — — — — — N SZO30000 W 462-W TD m PARCEL 8 LOT 1 PLAN BOOK 354 PAGE 66 PLAN BOOK 268 PAGE 43 N/F RON S. do MARCIA N/F KENNETH M. JANSSON GENERAL NOTES 1.) ZONING INFORMATION ZONING DISTRICTS: RF-1 & RF-2 aOVERLAY DISTRICTS: AP AQUIFER PROTECTION MINIMUM CURRENT ZONING REQUIREMENTS: X B�. N MINIMUM AREA: 43,560 S.F. MINIMUM FRONTAGE: 20' MINIMUM WIDTH: 125' CD FRONT YARD = 30 SIDE & REAR YARD = 15' 8 -2 MINIMUM AREA: 43,560 S.F. MINIMUM FRONTAGE: 20' I MINIMUM WIDTH: 150' FRONT YARD - 30' SIDE & REAR YARD = 15' 2.) A TITLE SEARCH WAS NOT DONE FOR THIS SITE; SHOULD ONE BE REQUIRED IT SHALL BE PERFORMED BY OTHERS. 3.) E URRE T AVAILABLE N SHOWN, IS BASED LABLE R CORD INFORMATION ON I LOT 4 CONSISTING OF PLANS AND DEEDS. PLAN BOOK 345 PAGE 87 PLAN REFERENCES: I N/F BARRY L do JOYCE WYORKIAN PLAN BOOK 320 PAGE 88 PLAN BOOK 239 PAGE 123 4.) COMMUNITY PANEL NUMBERS 250001 0005 C THE FLOOD INSURANCE RATE MAP DEFINES THIS AREA AS ZONE C, AN AREA OF MINIMAL FLOODING CO DH FND m � p S 76'08600' E g CFg NDH 1 a&44' �M w nI � WI w �Im � zi CB DH FNO Plan of Land at 1360 & 1348 Mary Dunn Road Cummaquid, Massachusetts PREPARED RW Lisa Piccirilli 3 LOT 3 Existing Conditions Plan g PLAN BOOK 320 PAGE 88 - 53.545t SO. Fr. 1.23t ACRES BAXTER NYE ENGINEERING & SURVEYING Registered Professional En ' eers and Land Surveyors 812 Main St=4 Osterviffe,MA 02655 Phone-(508)428-9131 Fax-(508)428-3750 30 0 ' 30 60 SCALE IN FEET SCALE: 1" = 30' DATE. 09-01-05 W 70.00• REV.. DATE: REMARKS • 8 - h Col N z 162.58' I 462.58• M ao PARCEL 8 PLAN BOOK 354 PAGE 66 (SH. 5 OF 5) 0: 2005 SURV WRKSH 2O05-081—WS.dW N/F RON S. & MARCIA C. 4WSSON 2005-81 • I ; i _ 1 I ' I R L I, I: �SRF.rh, 44{I:k _i� :'SQ M��C�1 ,EJS.1 'f•; ~—C if , l I , i Vf of g , I t r_ 1 ,L �. L � K LEX, 5 t 1 N q M tt) 5LA �. E I / N 1 -1 s I _ f M <: 44 , , R } • f I i Jf LL W/L , a- Flr,l•Gr�c.�Gi� �; I • • � � I 12 i ` 617-428-9213 •• - n �� U f�IJ T lC I1.Fa 3"�1 C. �t . 4 `� S 1V ". (Eesiqns, Lc ff v► , copyright Q 7980 All Rights r� . 4., Reserved : rG.��,. ..1� .A I 3 TN C7r1 Y� K Y... 1 _. _. :. PAri E L5. , core PAC «� -` • I�Q w r , p , hA ail Preliminary plans and layouts b D.C.D.are "for *he use of thei r customers >Y m only . Any other use Is str ictly• Prohibited NLW ENGLANO REPROGRAPHICS h ',UPPLY CO o . o # �. r�. , 1 p , i n � t - G` • I , I I : : I li - L i , ; s-•--I-- �l. tx , ! 7 i � I I � I • r y f i I NL _.-. IxA CIA\ V. T 1 i V ` I - I , I ; , . : I� , -.,, :.::... � •fir/ � ,. ... .. ,. : ttry. J .. : ;. .. .. J : , : _I _ i f , I f �9 :I I- „ E rtS` 12 _ 1 : 1 y° { 1 . I i REtACn,'r�!y. R , < ) t1 01 JU 617.428.9213 2 ! - . _ 77 _ N , i o I C�evlon C�us onr� t I I I , e I �r O O I (Les t n s r v _ - / _ I Copyright © 1980 f kt ! `) All Ri hts I :a g +C} .. Reserved } f : _ TOWN OF BIARN �All or, 16,3 �r 7. l r� W , I t Z f I Preliminary plans and layouts by D.C.D.are forth<e u.,e of their customers only . An other use is strrctl h� "MwMwb wMaj Y Y. y , pro b it NEW ENGLAND REPROGRAPHICS R SUPPLY CO. I I i II III �I I I