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HomeMy WebLinkAbout0200 MILLWAY t !! ta4 e ars fi11+ Ar Y1n (//'� ' " er .S� lam*' 'V 4 . �, .1 .n t+ _ ;�—err' ,. .. � rM'i�' ���el4r�'J e � �, � !{� W.„e�,. .( NA ...u• :. O. R, -,t y { -•;r�.i�-�}, y, err ifo F „r�+ Mi..'•+n r ,Lys > ''" '•}', - lo,r r rn.-.-wr+ :..y� r� X it :�r 1 rdri�'vf ;,il "-' ;,�qi",+ .ixk., J,..71''' .,,�.,,, .r ;` �. yf.,pYy..n se�n y r3i ,r, .'.n:n e*t� 7e,.�1.ti ,t�a• t,, � : k".,o,r 1•p1�R?r, '1��tvnn y� dry. Xi "„+ t :i 5 , �.ati rE'l1% :' r.,*it ti..; ly: �. .,_ ,i+ ,,./ _;. kUr -`..ur ,7.,. .1 r,„,A: ,_,r 9 , 1" -r_to' !Nr1. 'f'LI�,.•'r c'' r`' •' , r-. Y.'A' ry ,.., + ,. � , . � .'.. �. �^r� t � . 'vy , r tM �ryt •fie � e e ,. n r ^ ri t r ljil n + '. ,,!1'1:. 61 -� ' S"' a'� ,'AI'. �i� i j tit i t Y'•et. "r or'.r ,\^j vQ,,p/c 9 } ys, ww\\P—1 tiT � LOT 1 4\ \i 35,407 SF± EXIST. BARN 9), co V- h. M /// M NEW FOUNDATION �Q) P------- O' 1 EXISTING ( / V () — `� DWELLING SR "` ('/ 16.0' 17 in rn I N - 87.33, DCE #10-179 FOUNDATION IP 1PLAN PREPARED EXCLUSIVELY FOR THE PURPOSE OF OBTAINING A BUILDING PERMIT, NOT FOR ANY OTHER USE LOCATION : 200 MILLWAY BARNSTABLE, MA SCALE : 1" = 50' DATE : MAY 13, 2011 PREPARED FOR: REFERENCE ASSESSOR'S37 MAP 300 PARCEL 35 PB 256 PG W R® Eve I RT NOLAN I HEREBY CERTIFY THAT THE STRUCTURE r �F3' H OF gS' SHOWN ON THIS PLAN IS LOCATED ON THE 9�o� DANIEL cyc GROUND AS SHOWN HEREON. r . A. .. off 508-362-45414113 U OJALA to fax 508-362-9880 downcape.com O q NO.40980 v Jowl CONendineeriq, 45,e inc. 1 j' civil engineers r .-: ` ma's land surveyrors J /I ) "r I 939 Motn Street (Rte 6A) YARMOUTHPORT MA 02675 DATE REG. LAND SURVEYOR TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map �UU Parcel 'J Application P 0 all Health Division Date Issued to Conservation Division p _ Application Fe > v�7r�� PlanningDept. Permit Fee c `'� Date Definitive Plan Approved by Planning Board Historic - OKH Preservation / Hyannis Project Street Address gOV • 1 / )S/4 $(e Village as,�}6 Owner 5U��Q��1U o l4✓• Address Telephone -s(�DD y).g - O Permit Request fl *II' ✓1lGA/ /1-W4_"' IA51A Ilk 1A9 a Sy 57-kest > ( Arrl c-- S(3T . 4 !( (A i3i456714C-71T— Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Udi • 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 U 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 flew Number of Bedrooms: existing _new I • 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 stow: Us ❑ No Ni 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 APPLICANT INFORMATION (BUILDER OR HOMEOWNER) ��,,QQ Name Gf �VIit510� 13itt lfltl(�►2 Telephone Number �G2' Yge-I-777 O Address 8 ize 00{, License # 1-10 __,_�T�____ � l�,41 Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE . 1/rt/.,dlein DATE 6-- (Q' 42 0// FOR OFFICIAL USE ONLY PPLICATION# • ` DATE ISSUED .MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION\ • FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH - FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. 1 C T"�T° �. Town of.Barnstable Regulatory Services t1"*Y Ai_,P sy Thomas F. Geiler,Director µ�'` Building Division Tom Perry,Building Commissioner • 200 Main Street, Hyannis, MA 02601 www.town.b arnstab l e.ma.us Office: 508-862-403 8 Fax: 508-790-6230 • Property Owner Must Complete and Sign This Section If Using A Builder • I, L- n'oLit , as Owner of the suhject.property hereby authorize (L( Pit E tta— CA: t4-)/N5it.;:a) to act on v.,.y behalf, in all matters relative to work authorized by this building permit application for: (Address of Job) • „,„„..711 8-11`7 Signature of Owner Date • 7656-727"-I. Aitc) e-AJ . Print Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. Q:FO RMS:O WNERP ERMIS510N re. r Town of Barnstable tis,. o Regulatory Services isusre Thomas F. Geller,Director .-.bs� .�� \ Building Division ,�'MA;k \ Torn Perry,Building Commissioner °y • N. 200 Msiri.Street; Hyann . is,MA02601 www.to wn.b arnstab l e.ma.us Office: 508-862-4038 Fax: 508-790-6230 ' HOMEOWNER LICENSE EXE : N . ' Please Print DATE: ' JOB LOCATION: . number street village • "HOMEOWNER': name home phone, work phone# . CURRENT MAILING ADDRESS: • • city/town / state zip code The current exemption for"homeowners"was extende.to elude owner-occupied dwellings of six units or less and to allow homeowners to engage an individual far hire who .oes+iot possess a license,provided that the owner acts as supervisor. • DEFINITION o f 7 0 1.OWNER . Person(s)who owns a parcel of land on which he/she re: des 0 intends to reside, on which there is, or is intended to- be, a one or two-family dwelling, aft rhed or detached .:tructur s accessory to such use and/or farm structures. A person who constructs more thart One home in a two-y:ar pe 'Ld hail not be considered a homeowner. Such "homeowner"shall submit to the Building Official on.a for arc .table to the Building Official, that he/she shall be responsible for all such work performed under the b ding ermit (Section 109.1.1) The undersigned"homeowner"assumes responsib• ty for omplianc with the State Building Code and other applicable codes, bylaws,rules and regulations. \ - The undersigned"homeowner"certifies that•he/•.e undersitands the Town .f Barnstable Building Department minimum inspection procedures and reguirerne.•. and,that he/she will corup\ with said procedures and requirements. Signature of Homeowner • • Approval of Building Official ` , ' • Note: Three-family dwellings contai1 ing 35,000 cubic feet or larger will be required to comply with the . State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that "Any homeowner performing work for which a building permit is required shall be exempt from the provision: of this section(Section 109.1.1-Licensing of consrivction uper visors);provided that if the homeowner engages a person(s)for bin to do such work,that such� t Homeowner shall act -'as supervisor. Many homeowners who use this exemption are unaware that they art assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly • when the homeowner hires unlicensed persons. In.this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that hdshe understands the responsibilities of a Supervisor. On the last page of this issue is a farm currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forrns:homccxcmpt . 1 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 3 0 0 Parcel 0 3 Application # o i Health Division - Date Issued ( l Conservation Division /6- Application Fee `j 40 Planning Dept. Permit Fee ? , 7, Date Definitive Plan Approved by Planning Board Historic - OKH Preservation/Hyannis Project Street Address ae3e2 /7/`L L i.tr4 y Village A'Pti. 7-4-6 L-& Owner/r6,6e'erv, ' c/1Tn` Ndz4iv Address syO G4-kS , Ai, y-96 4 Telephone 6-6 9 - `71oR-9 Permit Request e/a?C, 7t"i 'o'vs 7-2 ti` �Ovc// 9/1-'7 e, ecr'ca,. . Square feet: 1st floor: existingge02proposed to'cam end floor: existin9/kV? proposed(' Total new/,c 9/ Zoning District " / Flood Plain /l,O Groundwater Overlay Project Valuation /7c i GQO Construction Type 4'0o f--e1-4/v� Lot Size S> '>> Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ix Two Family ❑ Multi-Family (# units) /Ia4/N/rGusP Age of Existing Structure 02/6 yew Historic House: ❑Yes o On Old King's Highway: 14-Yes ❑ No - Basement Type: 'Full Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) 4ey& , -,. 4-S4?d Basement Unfinished Area(sq.ft) 6 g— Number of Baths: Full: existing 64ie= new o'#& Half: existing 04, new O.(,— Number of Bedrooms: PbVI( existing / new Total Room Count (not including baths): existing new .3 First Floor Room Count Heat Type and Fuel: Gas ❑ Oil ❑ Electric ❑ Other Central Air: es ❑ No ireplaces: Existing'i'- New 'VC Existing wood/coal stove: ❑Yes ieNo 'Detached garage: ❑ existing ❑new size_Pool: ❑ existing ❑ new size _ Barn: rd existing ❑ new size_ Attached garage: ❑ existing tenew size _Shed: ❑ existing ❑ new size Other: /4,Y.4a a C) Zoning Board of Appeals Authorization ❑ Appeal #A10,`,9i0094/ Recorded ❑ = Commercial ❑Yes iV o If yes, site plan review # Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name ))/ Ul2 4 - ' eO Telephone Number 771 -4/ g."7 06 Address /63 7224-, License # ?�� 66 Ce/tJ°Te-e& ( ,47i O�cP Home Improvement Contractor# a 82k/g/ Worker's Compensation # • ci'/c91% ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE 3 // FOR OFFICIAL USE ONLY ;• • APPLICATION# • DATE ISSUED • • MAP/PARCEL NO. _ ADDRESS VILLAGE , OWNER • •DATE OF INSPECTION: FOUNDATION 49 • FRAME i` 4/D 0 3/491a4ce HI;INSULATION FIREPLACE FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING • DATE CLOSED OUT • • ASSOCIATION PLAN NO. •• � S�n �✓�� /ter( .?4 PROJL ///� /� NAME: � T ADDRESS:a0 „.. .y/Gv PERMJT# l! 0/5-174"V' PERMIT DATE: ( 0S!1 (/ M/P: 3 - d s� LARGE ROLLED PJ/ANS ARE IN: BOX Q-(0 SLOT Data entered in MAPS program on: r 7.-o ti Town of Barnstable ` . BARNSTABLE. • Regulatory Services MASS. 1) 70 MPS e,?0t # - Building Division 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection i" i Location 71&O M 1 C_.-_ OA V Permit Number i Owner Builder ►k One notice to remain on job site, one notice on file in Building Department. Thee�following items need correcting: A- -C�4 L-A-L L_ E �/'S -Tof I?-O7- i- e --&-- 1,( 62 # i '''‘. 1%.,, -c- 'i- I\ 0 13,0059zitt'A ,N. a..1-T-'.- L--L-1. 1) _... , . 0,---_-_,‘t‘ , .:. -‘,,,, ET) ()-- 0-) I fib qt)-As /4 : "'4 ,R L'''''iliCITLI:\\ '''4' , (—I (7'3\ 6) 7 (A.) / " ) R e_.-. 111-'') \-) c...- --T _ ,.., ,„ , 4 '. , 0 ri) g b. oc-r- -resr-r ) !of-),.- ...., ,, ) , ..,J,.:11,,,,..,c5 -1- ‘.,,\-- ) G-4)4P---6 1)Eck -= l' Cf udt i_t-r Lk ru:, F-Criives, (,,,Iz') C ,4 L. L F oft. Ll- 1t S P E- c -t-7o t 1 gr� e ( NSv ii) CK tg t= 4- &c S / C- H ©J` Please call: 508-862-4038 for re-inspection. 0 9 R. N yFt � A-ei�� tH) Inspected by 4-..-¢ 1141' ._- p e' > i1 rC tk Date g"-- S r- 1 f U o Daniel L Braman,PE 189 Harbor Point Road Cummaquid,MA 02637-0361 Phone(508)362-6016 August 9, 2011 David Sauro David Sauro Inc. 163 Tern Lane, Centerville, MA 02632 (774) 487-2206 Project: 8511 200 Millway Barnstable, MA On this date, at the request of Paul Roma, Building Inspector, through you, and in the presence of George Lambros I made a site visit to the above Project residenential structure. The reason for the visit was to evaluate the structural design of the lintels and the framing at the two 6' sliders. I checked the structural considerations including the framing, with particular consideration to the triple 1 1/2x 6" lintel above the first floor slider. In my opinion the construction is atructurally sound, Daniel E. Braman, PEW S 1s`rir v, •i DA` .. .yam v CC: KSA Design4 C('s; I as h. 0 iSTEik ta' 4 t' 1 Federal Emergency Management Agency ° Washington, D.C. 20472 - 1 ND S' March 24,2011 MR.DANIEL OJALA CASE NO.: 11-01-1392A DOWN CAPE ENGINEERING,INC. COMMUNITY: TOWN OF BARNSTABLE, 939 MAIN ST(RT.6A) BARNSTABLE COUNTY, YARMOUTH PORT,MA 02675 MASSACHUSETTS COMMUNITY NO.: 250001 DEAR MR.OJALA: This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine if the property described in the enclosed document is located within an identified Special Flood Hazard Area, the area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP) map. Using the information submitted and the effective NFIP map, our determination is shown on the attached Letter of Map Amendment (LOMA) Determination Document. This determination document provides additional information regarding the effective NFIP map, the legal description of the property and our determination. Additional documents are enclosed which provide information regarding the subject property and LOMAs. Please see the List of Enclosures below to determine which documents are enclosed. Other attachments specific to this request may be included as referenced in the Determination/Comment document. If you have any questions about this letter or any of the enclosures, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Attn: STARR eLOMA Coordinator, 12101 Indian Creek.Court,Beltsville,MD 20705,Fax: 301-210-4539. Sincerely, Luis Rodriguez,P.E.,Chief Engineering Management Branch Federal Insurance and Mitigation Administration LIST OF ENCLOSURES: LOMA DETERMINATION DOCUMENT(REMOVAL) cc: State/Commonwealth NFIP Coordinator Community Map Repository Region Page 1 of 3 Date: March 24,2011 Case No.: 11-01-1392A LOMA ,ceAur4Fti Federal Emergency Management Agency 4' Washington,D.C.20472 �41 ND SEGJ LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION TOWN OF BARNSTABLE, Lot 1, as shown on the Plat Map, recorded in Plan Book 256, Page BARNSTABLE COUNTY, 37, in the Office of the Register of Deeds, Barnstable County, MASSACHUSETTS Massachusetts. COMMUNITY COMMUNITY NO.:250001 AFFECTED NUMBER:2500010001D MAP PANEL DATE:7/2/1992 FLOODING SOURCE:BARNSTABLE HARBOR; APPROXIMATE LATITUDE&LONGITUDE OF PROPERTY:41.705, -70.299 MARASPIN CREEK SOURCE OF LAT&LONG:GOOGLE MAPS DATUM:NAD 83 DETERMINATION OUTCOME 1%ANNUAL LOWEST LOWEST WHAT IS CHANCE ADJACENT LOT LOT BLOCK/ SUBDIVISION STREET REMOVED FROM FLOOD FLOOD GRADE ELEVATION SECTION THE SFHA ZONE ELEVATION ELEVATION (NGVD 29) (NGVD 29) (NGVD 29) 1 -- — 200 Mill Way Structure C -- 11.2 feet -- Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year(base flood). ADDITIONAL CONSIDERATIONS(Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) eLOMA DETERMINATION This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the structure(s) on the property(ies) is/are not located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This document amends the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Attn: STARR eLOMA Coordinator, 12101 Indian Creek Court,Beltsville,MD 20705,Fax:301-210-4539. Luis Rodriguez,P.E.,Chief Engineering Management Branch eLOMA Federal Insurance and Mitigation Administration Page 2 of 3 ' LOMA DF'rAIR�F.L Ativ9„ Federal Emergency Management Agency ° � Washington,D.C.20472 4ND SE LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) Structure Removal: The following considerations may or may not apply to the determination for your Structure: PORTIONS OF THE PROPERTY REMAIN IN THE SFHA and/or FLOODWAY- Portions of this property, but not the subject of the Determination document, may remain in the Special Flood Hazard Area (SFHA) and/or the regulatory floodway for the flooding source indicated on the Determination Document. The NFIP regulatory floodway is the area that must remain unobstructed in order to prevent unacceptable increases in base flood elevations. Therefore, no construction may take place in an NFIP regulatory floodway that may cause an increase in the base flood elevation. Therefore, any future construction or substantial improvement on the property remains subject to Federal, State!Commonwealth, and local regulations for floodplain management. The NFIP regulatory flood way is provided to the community as a tool to regulate floodplain development. Modifications to the NFIP regulatory floodway must be accepted by both the Federal Emergency Management Agency (FEMA) and the community involved. Appropriate community actions are defined in Paragraph 60.3(d)of the NFIP regulations. Any proposed revision to the NFIP regulatory floodway must be submitted to FEMA by community officials. The community should contact either the Regional Director(for those communities in Regions I-IV, and VI-X), or the Regional Engineer(for those communities in Region V)for guidance on the data which must be submitted for a revision to the NFIP regulatory floodway. Contact information for each regional office can be obtained by calling the FEMA Map Assistance Center toll free at(877) 336-2627 (877-FEMA MAP) or from our web site at http://www.fema.gov/aboutirecioff.htm. STUDY UNDERWAY-This determination is based on the flood data presently available. However,the Federal Emergency Management Agency may be currently revising the National Flood Insurance Program (NFIP) map for the community. New flood data could be generated that may affect this property. When the new NFIP map is issued it will supersede this determination. The Federal requirement for the purchase of flood insurance will then be based on the newly revised NFIP map. EXTRATERRITORIAL JURISDICTION-The subject of the determination is shown on the National Flood Insurance Program map and may be located in an Extraterritorial Jurisdiction area for the community indicated on the Determination Document. LEVEE-The subject property may be located in an area protected from the 1-percent annual chance flood (base flood) by a levee or other structure subject to possible failure or overtopping by a flood larger than the base flood. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627(877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency,Attn:STARR eLOMA Coordinator,Keith Loudin,12101 Indian Creek Court,Beltsville,MDD220705,,Fax:301-210-4539. Kevin C.Long,Acting Chief Engineering Management Branch Mitigation Directorate i , Page 3 of 3 LOMA Federal Emergency Management Agency �,"- 4, Washington,D.C.20472 -61ND St•C7 I I LETTER OF MAP AMENDMENT • DETERMINATION DOCUMENT (REMOVAL) GROUND SUBSIDENCE -The location of this request may be in an area subject to ground subsidence, the lowering of the ground as a result of natural occurrences such as soil settlement, or artificial occurrences such as the extraction of water or oil from the ground. While the elevations submitted with this request show the subject property is currently above the Base Flood Elevation (BFE),the property may"subside"with the passage of time to the extent that property elevations would be below the BFE and flood insurance may be required. GREAT LAKES-The Federal Emergency Management Agency (FEMA) has based this determination on elevation data,which is published in the current Flood Insurance Study for the community. However, the elevations established in the U.S.Army Corps of Engineers(USACE) reports on the Great Lakes are the best available data known to us. If in the future there are any subsequent map revisions to the national Flood Insurance Program map and the USACE reports remain the best available data known, FEMA will use those elevations for any such revisions. Further, be advised that the elevations on the Flood Insurance Rate Map (FIRM) may only reflect the Stillwater elevation for the lake and may not account for the effects of wind driven waves or wave run-up. On-site conditions such as wind speed,wind direction, fetch distance, water depth and the slope of the beach or bluff may result in significant increases to the base flood elevation. Therefore, it is strongly recommended that the requestor be aware of these circumstances and, if warranted, evaluate the effects of wind driven waves along the shoreline of the property. STATE AND LOCAL CONSIDERATIONS- Please note that this document does not override or supersede any State or local procedural or substantive provisions which may apply to floodplain management requirements 1 associated with amendments to State or local floodplain zoning ordinances, maps, or State or local procedures adopted under the National Flood Insurance Program. COASTAL BARRIER RESOURCE SYSTEM-The subject of this determination may be located within the Coastal Barrier Resource System (CBRS). Federal financial assistance, including Federal flood insurance, is not available in CBRS areas for new construction or substantial improvements occurring after the date on which the area was declared by Congress to be part of the CBRS or otherwise protected area as required by the Coastal Barrier Resources Act(Public Law 97-348)and the Coastal Barrier Improvement Act 1990(Public Law 101-591). This date is indicated on the National Flood Insurance Program map. For further information on this property and the CBRS or otherwise protected area designation, contact the U.S. Department of the Interior. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627(877-FEMA MAP) or by letter addressed to the Federal Emergency Management • Agency,Attn:STARR eLOMA Coordinator,Keith Loudin,12101 Indian Creek Court.Beltsville.MD 20705.Fax:301-210-4539. Kevin C.Long,Acting Chief , Engineering Management Branch • Mitigation Directorate Federal Emergency Management Agency •��"��"�- z �• Washington, D.C. 20472 -41ND SSC' ADDITIONAL INFORMATION REGARDING LETTERS OF MAP AMENDMENT When making determinations on requests for Letters of Map Amendment (LOMAs), the Department of Homeland Security's Federal Emergency Management Agency (FEMA) bases its determination on the flood hazard information available at the time of the determination. Requesters should be aware that flood conditions may change or new information may be generated that would supersede FEMA's determination. In such cases,the community will be informed by letter. Requesters also shoula be aware that removal of a property (parcel of land or structure) from the Special Flood Hazard Area (SFHA) means FEMA has determined the property is not subject to inundation by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This does not mean the property is not subject to other flood hazards. The property could be inundated by a flood with a magnitude greater than the base flood or by localized flooding not shown on the effective National Flood Insurance Program(NFIP)map. The effect of a LOMA is it removes the Federal requirement for the lender to require flood insurance coverage for the property described. The LOMA is not a waiver of the condition that the property owner maintain flood insurance coverage for the property. Only the lender can waive the flood insurance purchase requirement because the lender imposed the requirement. The property owner must request and receive a written waiver from the lender before canceling the policy. The lender may determine, on its own as a business decision that it wishes to continue the flood insurance requirement to protect its financial risk on the loan. The LOMA provides FEMA's comment on the mandatory flood insurance requirements of the NFIP as they apply to a particular property. A LOMA is not a building permit, nor should it be construed as such. Any development, new construction, or substantial improvement of a property impacted by a LOMA must comply with all applicable State and local criteria and other Federal criteria. If a lender releases a property owner from the flood insurance requirement, and the property owner decides to cancel the policy and seek a refund, the NFIP will refund the premium paid for the current policy year, provided that no claim is pending or has been paid on the policy during the current policy year. The property owner must provide a written waiver of the insurance requirement from the lender to the property insurance agent or company servicing his or her policy. The agent or company will then process the refund request. • Even though structures are not located in an SFHA, as mentioned above, they could be flooded by a flooding event with a greater magnitude than the base flood. In fact, more than 25 percent of all claims paid by the NFIP are for policies for structures located outside the SFHA in Zones B, C, X (shaded), or X (unshaded). More than one-fourth of all policies purchased under the NFIP protect structures located in these zones. The risk to structures located outside SFHAs is just not as great as the risk to structures located in SFHAs. Finally, approximately 90 percent of all federally declared disasters are caused by flooding, and homeowners insurance does not provide financial protection from this flooding. Therefore,FEMA encourages the widest possible coverage under the NFIP. The NFIP offers two types of flood insurance policies to property owners: the low-cost Preferred Risk Policy (PRP) and the Standard Flood Insurance Policy (SFIP). The PRP is available for 1- to 4-family residential structures located outside the SFHA with little or no loss history. The PRP is available for townhouse/rowhouse-type structures, but is not available for other types of condominium units. The SFIP is available for all other structures. Additional information on the PRP and how a property owner can quality for this type of policy may be obtained by calling the Flood Insurance Information Hotline, toll free, at 1-800-427-4661. Before making a final decision about flood insurance coverage, FEMA strongly encourages property owners to discuss their individual flood risk situations and insurance needs with an insurance agent or company. FEMA has established "Grandfather" rules to benefit flood insurance policyholders who have maintained continuous coverage. Property owners may wish to note also that, if they live outside but on the fringe of the SFHA shown on an effective NFIP map and the map is revised to expand the SFHA to include their structure(s), their flood insurance policy rates will not increase as long as the coverage for the affected structure(s) has been continuous. Property owners would continue to receive the lower insurance policy rates. LOMAs are based on minimum criteria established by the NFIP. State, county, and community officials, based on knowledge of local conditions and in the interest of safety, may set higher standards for construction in the SFHA. If a State, county, or community has adopted more restrictive and comprehensive floodplain management criteria, these criteria take precedence over the minimum Federal criteria. In accordance with regulations adopted by the community when it made application to join the NFIP, letters issued to amend an NFIP map must be attached to the community's official record copy of the map. That map is available for public inspection at the community's official map repository. Therefore,FEMA sends copies of all such letters to the affected community's official map repository. When a restudy is undertaken, or when a sufficient number of revisions or amendments occur on particular map panels, FEMA initiates the printing and distribution process for the affected panels. FEMA notifies community officials in writing when affected map panels are being physically revised and distributed. In such cases, FEMA attempts to reflect the results of the LOMA on the new map panel. If the results of particular LOMAs cannot be reflected on the new map panel because of scale limitations, FEMA notifies the community in writing and revalidates the LOMAs in that letter. LOMAs revalidated in this way usually will become effective 1 day after the effective date of the revised map. • ft.Z% Town of Barnstable Regulatory Services • BARNSTABLE, s MAsa ./$ Thomas F. Geller Director /`�� BuiIding Division Tom Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I, �d_ A/0•</4ti as Owner of the , subjectproperty hereby authorize : /¢ / d�U.�c to act on mybehalf, in all matters relative to work authorized by this building permit application for. GIOG /GL 6L/r4V Act co (Address of Job) • Signature of Owner Date Print Name • If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. Q:FORMS:O WNERPERMISSION Town of Barnstable (-rill*rotyy• ; o - Reguatory Services, s, t ai..axs-rABLE, I Thomas F. Geiler,Director atwss �, �63� ,a� Building Division PrFD 'i Tom Perry, BuildingCommissio er • �Y 200 Maiti.Street,._Hyannis,MA 02 01 www.town.barnstab1e_ma. Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXE E•TION Please Print DATE: JOB LOCATION: number street village • "HOMEOWNER": name home phone° work phone# • CURRENT MAILING ADDRESS: • city/town state zip code • The current exemption for"homeowners"was exte.ded te include owner-occupied dwellings of six imits or less and to allow homeowners to engage an individual for lair. w . does not possess a license,provided that the owner acts as supervisor_ • DEFAIITIO OF HOMEOWNER Person(s)who owns a parcel of land on which he/she .e :des or intends to reside, on which there is, or is intended to• be, a one or two-family dwelling, attached or detach:. s. ctures accessory to such use and/or farm structures. A person who constructs more than one home in a two year p: •od shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official .n a form.cceptable to the Building Official, that he/she shall be responsible for all such work performed under th .uilding pe 'mil (Section 109.1.1) e The undersigned"homeowner"assumes respo..ibility for comp! ::.ce with the State Building Code and other applicable codes, bylaws,rules and regulatio.•. The undersigned"homeowner"certifies tha .e/she understands the `own of Barnstable Building Department • minimum inspection procedures and require ments and that he/she will coruply with said procedures and requirements. _ Signature of Homeowner Approval of Building Official Note: Three-family dwe •.gs containing 35,000 cubic feet or larger • -. be required to comply with the State Building Code Section 127 / Construction Control. HOMEOWNER'S EXEMPTION The Code states that "Any omeowner performing work for which a building permit is requ . shall be exempt from the provisions of this section(Section 109.1.1 -Li• sing of construction Supervisors);provided that if the homeowner:, gages a person(s)for hire to do such work,that such Homeowner shall ac as supervisor." Many homeowners who . e this exemption arc unaware that they arc assuming the responsibilities,of a supervisor(sec Appendix Q, Rules&Regulations for Liccnsin: Construction Supervisors,Section 2.15) This lack of awareness often resin in serious problems,particularly when the homeowner hires unlic sed persons. In this case,our Board cannot proceed against the unlicensed peNn,as it would with a licensed Supervisor. The homeowner ac•(ng as Supervisor is ultimately responsible. To ensure that the ameowner is fully aware of his/her responsibilities,many communities require,as,part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by g several towns. You may ,th/at t amend and adopt such a form/certification for use in your con uuamity. • Q:forms:homccxcmpt • it,-6. REScheck Software Version 4.4.1 Compliance Cert f cateTQ =¢iv OF Pig..:► Si. 'L, i.. , i iN 9: 11 Project Title: Garage/kitchen/Bedroom Addition Energy Code: 2009 IECC .. Location: Barnstable,Massachusetts Construction Type: Single Family j`s 1 `~- t. f Project Type: Addition/Alteration Heating Degree Days: 6137 Climate Zone: 5 Construction Site: Owner/Agent: Designer/Contractor: 200 Mill Way Robert Nolan Kenneth Sadler Barnstable,MA 200 Mill Way KSA design Barnstable,MA P.O.Box 1149 Hyannis,MA 02601 508.790.3922 Compliance:Passes , Compliance:4.1%Better Than Code Maximum UA:221 Your UA:212 The%Better or Worse Than Code index reflects how close to compliance the house is based on code trade-off rules. It DOES NOT provide an estimate of energy use or cost relative to a minimum-code home. Gross Mgr5l WM% Glazing IY Assembly 1m R-Value R-Value (•]y Door Perimeter U-Factor Ceiling 1:Flat Ceiling or Scissor Truss 768 38.0 0.0 23 Ceiling 2:Cathedral Ceiling(no attic) 315 30.0 0.0 11 Wall 1:Wood Frame,16"o.c. 278 21.0 0.0 12 Window 1:Wood Frame:Double Pane with Low-E 24 0.310 7 Door 1:Glass 41 0.340 14 Wall 2:Wood Frame,16"o.c. 392 21.0 0.0 14 Window 2:Wood Frame:Double Pane with Low-E 140 0.310 43 Wall 3:Wood Frame,16"o.c. 431 21.0 0.0 18 Window 3:Wood Frame:Double Pane with Low-E 55 0.310 17 Door 2:Glass ' 53 . 0.340 18 Wall 4:Wood Frame,16"o.c. 406 21.0 0.0 20 Window 4:Wood Frame:Double Pane with Low-E 27 0.310 8 Door 3:Solid 20 0.340 7 Compliance Statement The proposed building design described here is consistent with the building plans,specifications,and other calculations submitted with the permit application.The proposed building has been designed to meet the 2009 IECC requirements in REScheck Version 4.4.1 and to comply with the mandatory requirements lis d i EScheck Inspection Checklist. Name-Title ignature Date Project Notes: Calculations are for Addition only CS#39020 • Project Title:Garage/kitchen/Bedroom Addition Report date:03/23/11 Data filename: Nolan.rck Page 1 of 4 REScheck Software Version 4.4.1 inspection Checklist Ceilings: ❑ Ceiling 1:Rat Ceiling or Scissor Truss,R-38.0 cavity insulation Comments: ❑ Ceiling 2:Cathedral Ceiling(no attic),R-30.0 cavity insulation Comments: Above-Grade Walls: 0 Wall 1:Wood Frame,16"o.c.,R-21.0 cavity insulation Comments: ❑ Wall 2:Wood Frame,16"o.c.,R-21.0 cavity insulation Comments: ❑ Wall 3:Wood Frame,16"o.c.,R-21.0 cavity insulation Comments: ❑ Wall 4:Wood Frame,16"o.c.,R-21.0 cavity insulation Comments: Windows: ❑ Window 1:Wood Frame:Double Pane with Low-E,U-factor:0.310 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: ❑ Window 2:Wood Frame:Double Pane with Low-E,U-factor:0.310 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: ❑ Window 3:Wood Frame:Double Pane with Low-E,U-factor:0.310 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: ❑ Window 4:Wood Frame:Double Pane with Low-E,U-factor:0.310 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: Doors: O Door 1:Glass,U-factor:0.340 Comments: ❑ Door 2:Glass,U-factor:0.340 Comments: O Door 3:Solid,U-factor:0.340 Comments: Alr Leakage: ❑ Joints(including rim joist junctions),attic access openings,penetrations,and all other such openings in the building envelope that are sources of air leakage are sealed with caulk,gasketed,weatherstripped or otherwise sealed with an air barrier material,suitable film or solid material. Project Title:Garage/kitchen/Bedroom Addition Report date:03/23/11 Data filename: Nolan.rck Page 2 of 4 ❑ Air barrier and sealing exists on common walls between dwelling units,on exterior walls behind tubs/showers,and in openings between window/door jambs and framing. D Recessed lights in the building thermal envelope are 1)type IC rated and ASTM E283 labeled and 2)sealed with a gasket or caulk between the housing and the interior wall or ceiling covering. • Access doors separating conditioned from unconditioned space are weather-stripped and insulated(without insulation compression or damage)to at least the level of insulation on the surrounding surfaces.Where loose fill insulation exists,a baffle or retainer is installed to maintain insulation application. • Wood-burning fireplaces have gasketed doors and outdoor combustion air. Air Sealing and Insulation: • Building envelope air tightness and insulation installation complies by either 1)a post rough-in blower door test result of less than 7 ACH at 33.5 psf OR 2)the following items have been satisfied: (a)Air barriers and thermal barrier:Installed on outside of air-permeable insulation and breaks or joints in the air barrier are filled or repaired. (b)Ceiling/attic:Air barrier in any dropped ceiling/soffit is substantially aligned with insulation and any gaps are sealed. (c)Above-grade walls:Insulation is installed in substantial contact and continuous alignment with the building envelope air barrier. (d)Floors:Air barrier is installed at any exposed edge of insulation. (e)Plumbing and wiring:Insulation is placed between outside and pipes.Batt insulation is cut to fit around wiring and plumbing,or sprayed/blown insulation extends behind piping and wiring. (f) Corners,headers,narrow framing cavities,and rim joists are insulated. (9)Shower/tub on exterior wall:Insulation exists between showers/tubs and exterior wall. Sunrooms: • Sunrooms that are thermally isolated from the building envelope have a maximum fenestration U-factor of 0.50 and the maximum skylight U-factor of 0.75.New windows and doors separating the sunroom from conditioned space meet the building thermal envelope requirements. Materials Identification and Installation: D Materials and equipment are installed in accordance with the manufacturer's installation instructions. O Insulation is installed in substantial contact with the surface being insulated and in a manner that achieves the rated R-value. • Materials and equipment are identified so that compliance can be determined. • Manufacturer manuals for all installed heating and cooling equipment and service water heating equipment have been provided. • Insulation R-values and glazing U-factors are clearly marked on the building plans or specifications. Duct Insulation: D Supply ducts in attics are insulated to a minimum of R-8.All other ducts in unconditioned spaces or outside the building envelope are insulated to at least R-6. Duct Construction and Testing: • Building framing cavities are not used as supply ducts. D All joints and seams of air ducts,air handlers,filter boxes,and building cavities used as return ducts are substantially airtight by means of tapes,mastics,liquid sealants,gasketing or other approved closure systems.Tapes,mastics,and fasteners are rated UL 181 A or UL 181 B and are labeled according to the duct construction.Metal duct connections with equipment and/or fittings are mechanically fastened.Crimp joints for round metal ducts have a contact lap of at least 1 1/2 inches and are fastened with a minimum of three equally spaced sheet-metal screws. Exceptions: Joint and seams covered with spray polyurethane foam. Where a partially inaccessible duct connection exists,mechanical fasteners can be equally spaced on the exposed portion of the joint so as to prevent a hinge effect. Continuously welded and locking-type longitudinal joints and seams on ducts operating at less than 2 in.w.g.(500 Pa). • Duct tightness test has been performed and meets one of the following test criteria: (1)Postconstruction leakage to outdoors test:Less than or equal to 8 cfm per 100 ft2 of conditioned floor area. (2)Postconstruction total leakage test(including air handler enclosure):Less than or equal to 12 cfm per 100 ft2 pressure differential of 0.1 inches w.g. (3)Rough-in total leakage test with air handler installed:Less than or equal to 6 cfm per 100 ft2 of conditioned floor area when tested at a pressure differential of 0.1 inches w.g. (4)Rough-in total leakage test without air handler installed:Less than or equal to 4 cfm per 100 ft2 of conditioned floor area. Heating and Cooling Equipment Sizing: Project Title:Garage/kitchen/Bedroom Addition Report date:03/23/11 Data filename: Nolan.rck Page 3 of 4 • Additional requirements for equipment sizing are included by an inspection for compliance with the International Residential Code. • For systems serving multiple dwelling units documentation has been submitted demonstrating compliance with 2009 IECC Commercial Building Mechanical and/or Service Water Heating(Sections 503 and 504). Circulating Service Hot Water Systems: • Circulating service hot water pipes are insulated to R-2. • Circulating service hot water systems include an automatic or accessible manual switch to turn off the circulating pump when the system is not in use. • Heating and Cooling Piping Insulation: • HVAC piping conveying fluids above 105 degrees F or chilled fluids below 55 degrees F are insulated to R-3. Swimming Pools: • Heated swimming pools have an on/off heater switch. • Pool heaters operating on natural gas or LPG have an electronic pilot light. O Timer switches on pool heaters and pumps are present. Exceptions: Where public health standards require continuous pump operation. Where pumps operate within solar-and/or waste-heat-recovery systems. O Heated swimming pools have a cover on or at the water surface.For pools heated over 90 degrees F(32 degrees C)the cover has a minimum insulation value of R-12. Exceptions: Covers are not required when 60%of the heating energy is from site-recovered energy or solar energy source. Lighting Requirements: • A minimum of 50 percent of the lamps in permanently installed lighting fixtures can be categorized as one of the following: (a)Compact fluorescent (b)T-8 or smaller diameter linear fluorescent (c)40 lumens per watt for lamp wattage 15 (d)50 lumens per watt for lamp wattage>15 and 40 (e)60 lumens per watt for lamp wattage>40 Other Requirements: • Snow-and ice-melting systems with energy supplied from the service to a building shall include automatic controls capable of shutting off the system when a)the pavement temperature is above 50 degrees F,b)no precipitation is falling,and c)the outdoor temperature is above 40 degrees F(a manual shutoff control is also permitted to satisfy requirement'c'). Certificate: ❑ A permanent certificate is provided on or in the electrical distribution panel listing the predominant insulation R-values;window U-factors;type and efficiency of space-conditioning and water heating equipment.The certificate does not cover or obstruct the visibility of the circuit directory label,service disconnect label or other required labels. NOTES TO FIELD:(Building Department Use Only) Project Title:Garage/kitchen/Bedroom Addition Report date:03/23/11 Data filename: Nolan.rck Page 4 of 4 . ig2009 IECC Energy Efficiency Certificate Insulation Rating R-Value Ceiling/Roof 38.00 Wall 21.00 Floor-/Foundation 0.00 Ductwork(unconditioned spaces): e_. Door Rating U-Factor Q';TI Window 0.31 Door 0.34 NA Heating()Cooling Equipment Heating System: Cooling System: Water Heater: Name: Date: Comments: 00 0I 9 Town of Barnstable *Permit# d- O� 0 Expires 6 months from issue date •�, Regulatory Services Fee * BARNSTABLE, * Thomas F.Geiler,Director Mass i639• ,•� Building Division 0 ATFD poi A Tom Perry,CBO, Building Commissioner 6f a0�C - / ► 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 •x: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint 1 Map/parcel Number - O O Q 7 6-08 Property Address V )14f tic-)c-) " S'4-dj fe 0:4- Residential Value of Work 1 .2— CA) Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address RN. [,I -e Contractor's Name Igee.e-'1��✓,"--" ee Telephone Number Home Improvement Contractor License#(if applicable) ! b6 n 383 -PRESS IT ❑Workman's Compensation Insurance Che one: APR 1 4 2008 I am a sole proprietor ❑ I am the Homeowner TOWN OF BARNSTABLE ❑ I have Worker's Compensation Insurance Insurance Company Name - Workman's Comp.Policy# Copy of Insurance Compliance Certificate must be on file. Permit Request(check box) :"Re-roof(stripping old shingles) All construction debris will be taken toTLJ1^ ❑ Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows/doors/sliders.U-Value (maximumX5 *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Improvement Contractors License is required. ! < {r_ c , SIGNATURE:. � Q:\WPFILES\FORMS\building permit forms\EXPRESS.doc Revise020 108 SxE AN, Town of Barnstable • / % Regulatory Services yB Thomas F.Geiler,Director ,b44omiz'I Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I, ?-- '-‘-f--tt_e=trek, ie.,e—c as Owner of the subject Jproperty hereby authorize . � (q h - to act on my behalf, in all matters relative to work authorized by this building permit application for: (Address o.J B Signature of Owner Dat r Print Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. Q:FORMS:OWNERPERMISSION • Town of Barnstable ' PROF THE Tina ///, T,.,. 49. Regulatory Services +' BARNSrABt E, • Thomas F.Geller,Director ��b�MATS. •es9• p.0� Building Division rFDo Tom Perry,Building Commissioner, 200 Main Street, Hyannis,MA 02601% www.town.barnstable.ma.us / Office: 508-862-4038 / Fax: 508-790-6230 \ HOMEOWNER LIC a 'SE EXEMPTION \ Please 1 rint \DATE: \ JOB LOCATION: number \ street 1 village "HOMEOWNER": \\ / , ;- name \ hom,phone# work phone# CURRENT MAILING ADDRESS: \, I ` city/town state zip code The current exemption for"homeowners"was exten.;d ti includ o ' er-occupied dwellings of six units or les nd•------.' to allow homeowners to engage an individual for hire • . does of ossess a license,provided that the• "wne acts as supervisor. • ,' _.___ -- DEFINITION O:i •u ' •' Person(s)who owns.a .. - • e -e resi.i»• ntends to reside, on which there is,or is intended to be, a one or two-family dwelling, attached or detached s• , es accessory to such use and/or farm structures. A person who constructs more than one home in a two-yea• an-ioa shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on . fic, , ac -ptable to the Building Official,that he/she shall be responsible for all such work performed under the bu din. perms' (Section 109.1.1) // The undersigned"homeowner"assumes responsib' ly for •omplian with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that =/she unders nds the To of Barnstable Building Department _ minimum inspection procedures and require• ents and that e/she will co +ply with said procedures and requirements. , Signature of Homeowner i / / • • • . Approval of Building Official Note: Three-famil /: ' ellings containing35 000 c bic feet or larger will required to comply with the Y. g • g q PY State Building Code Section 27.0 Construction Control. . HOMEO WNER'Sj EXEMPTION The Code states tha/ "Any homeowner performing work for which a building permit is require shall be exempt from the provisions of this section(Section 109.0 -Licensing of construction Supervisors);provided that if the homeowner en ges a person(s)for hire to do such work,that such Homeown7 shall act as supervisor." i Many homeo ` ers who use this exemption are unaware that they are assuming the responsibilities oca supervisor(see Appendix Q, Rules&Regulations f•. Licensing Construction Supervisors,Section(2.15) This lack of awareness often results in serious problems,particularly when the homeowner, ires unlicensed persons. In this case,our Boarl cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as.Supervisor is ultimately respo'sible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part ,the permit application, ' that the homeowner certify that he/she understands the responsibilitie,s of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. • Q:forms:homeexempt Lipman, Drummond & Freeman Attorneys at Law 3180 Main Street Barnstable, Massachusetts Stephen I. Lipman* Tel: (508) 362-4700 Mailing Address: Tucker Drummond Fax: (508) 362-8281 P.O. Box 578 Peter L. Freeman Barnstable, MA 02630-0578 October 29, 1996 Mr. Richard N. Marchand 200 Millway, P. O. Box 137 Barnstable, MA / 02630 Re: Stockade Fence and Dumpster Barnstable Harbor Dear Mr. Marchand: I am in receipt of your letter dated October 22, 1996. I am sorry for what appears to be some miscommunication. I do- not agree that Ralph Crossen can take enforcement action only when requested by the Old King' s Highway Committee. Any citizen can ask for enforcement. The Committee does not usually get involved in enforcement except in the most egregious cases. Be that as it may, my involvement led to Gwen' s checking the records, and I assumed that the message was passed on to Ralph Crossen, both by Gwen and by you, that the fence around the dumpster had not received a Certificate. Beyond that, I believe I was candid with you that the issue was not a burning one for the Old King' s Highway Committee, and that you should carry the ball with the Building Department. I am sending a copy of this letter to Ralph Crossen, 'with the intent that his office look into the issue and take the necessary steps to insure that the town obtain the necessary Certificate of Exemption (if the fence is 4. feet or less in height) or Certificate of Appropriateness. Again, my apologies for any miscommunication. • Very truly yours, PETER L. FREEMAN • PLF:njm cc: Ralph Crossen Gwen Brown C:OKH\Marchand • Also Admitted in Rhode Island and.New York Boston Office: 21 Custom House Street, Boston, MA 02 1 10-3 500 Telephone: (617) 261-7800- Fax (617) 261-7878 • October 22, 1996 200 I4illway, P. 0. Box 137 • Barnstable, MA 02630 Peter L. Freeman, Chairman Old King's Highway Historic District 230 south Street Hyannis, MA 02601 • Dear Mr. Freeman: RE: Stockade Fence and Dumpster at Marina Barnstable Village I have your message which was passed on by your secretary that you can help me no further in this matter. Frankly, such an approach is not only untelligible, but also perplexing and merits full explanation on your part. You may recall that we discussed this situation on August 15. At that time, you indicated to me in no uncertain terms that both structures in question fell under the Act, the Town was not exempt and .a filing for a Certificate of Appropriateness should be initiated. You also asked me to call Gwen Brown in your Hyannis office to determine if that had been done and she confirmed that no filing had been made. You then suggested I advise Ralph Crossen and ask him to take appropriate action. Several phone calls which were unreturned, incidentally, and many days later, I finally reached Crossen who told me unequivocally that he could do nothing without a letter from you and that you,were fully aware of this procedure. When I reported this to you on September 4, you said you would call Crossen and get back to me. Therefore, your belated and cryptic message comes as a complete surprise. This is not a trivial matter to me and, accordingly, I would very much expect as well as appreciate your full rational explanation so that I may determine what further action I may take. I assure you that will be done. Very truly yours, • ,(Z—e74—c—c„,44:7 ichard N. Marchand RNM:smm • • • OCT 2 319• 96 Application to te . -\� 5 OES�;PP + � ! Old King's Highway Regional Historic District Committee -1 / '. illIV in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS Application is hereby made, in' triplicate, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings or photographs accompanying this application for: CHECK CATEGORIES THAT APPLY: 1. Exterior Building Construction: ew Building 0 Addition 0 Alteration Indicate type of building: ❑ House 0 Garage jkCommercial 0 Other 2. Exterior Painting: ❑ 3. Signs or Billboards: ❑ New sign 0 Existing sign ❑ Repainting existing sign 4: Structure: 0 Fence ❑ Wall ❑ Flagpole ❑ Other (Please read other side for explanation and requirements). TYPE OR PRINT LEGIBLY DATE Jo- 2-0 -9 - ADDRESS OF PROPOSED WORK lgeC 2454- (4Q 6,4L fr T T4-3G6ASSESSORS MAP NO. o O OWNER i 4(21,07-i4'I/L6' Miii-el1L4Sei441 ASSESSORS LOT NO. / 9 HOME ADDRESS Ee 1 2- 0-6. &4421,td, i444 0 -2.6? O TEL. NO. '3 6'2- z eFil FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. (Attach additional sheet if necessary). 1-.0 w w 0 r I'7 dv 074 th. 3 C.7 0144., _ / / 1' ,4"- ✓/s rn4 LI-24 6 ( Toth.. ) i LDow 64P.wsim3�6 /AA/ 12641-T) i &Mr/m-4,1, 04 b2(,33 6444144-1. iii 4t2- 2-0 f2G iEr2 12#1 SAvvo G,.<c_y "4. b 1.5Z AGENT OR CONTRACTOR ./A/17 Al//<</.✓L TEL. NO. 3 1 -¢6- ADDRESS 9D, ( eIsie C..- 4-4 1-; 4rneiv_sz.1 6 11l60 DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done(see No. 8,other side), including materials to be used, if specifications do not accompany plans. In the case of signs, give locations of ex'lsting signs and proposed locations of new signs. (Attach additional sheet, if necessary). T 0 v,,,,,44 i i;,, .7.u., 65 14j0,1)�/_..3 :s ,� �� 4/ fi/Al. �f A-�77044. /�/lp�- �i✓�i�.Guam *D, n/GG� /.2 /4 /,2" '*/ G o to /i✓,f-&-. SGG(c A44-- FOn.- Gvrsv0044,3 r 4002 f ti0 6v rre l " APPROV ED Signed OK -MI-WC Owner- ontractor-Agent Space below line for Committee use.! Received by H.D.C. Date` '' _",.` The Certificate is hereby (/ .Lf° / D e / 6 9 - Time Co. � 1�`r 1 �,rJ % 6.2.Approved ,E IMPORTANT: If Certificate is approved,approval is subject to the 10 day appeal period provided in the Act. Disapproved ❑ 36 o -3 S' o J- ,G' ` ///mod`'-.3 Assessor's map and lot number SEPTIC SYSTEM MUST BE INSTALLED IN COMPLIANCE WITH P.:TIu'L II STATE Sewage Permit number SANITARY CODE AND TOWN �j ILA : --- - ‘-*141; THEtp41TO ♦Y N OF I�' A I': NSTA I. LE :,,, 64' • ^ /�'�$AHB4TA$LE, i M� ''�ryJ r`'lYn VitSIC)L.0,‘," BUILDING HI IS EVTOI ' APPLICATION FOR PERMIT TO .5„ 4...-r--001-- --cx-- 4 Z-./ ,-/A_ D d-2,7,-1,-- . TYPE OF CONSTRUCTION ... 2-L,/,- 2--- 19 -2-3 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby appliesiees for a permit according tothe following information: Location C,(J <-/e4 Proposed Use Zoning District Fire District Name of Owner.....Q. Address `1y Name of Builder - r`2Address 9 r G ' �f, mo'7 w/((// Name of Architect Address Number of Rooms - Foundation Exterior Roofing �' C q Floors fki / 4' T,t-k,-- 6,. .--7r-i-,0"-- Interior �2_2 ' `"' Heating 1 ' ' " CZIAPt-'4-- / Plumbing / 0. 1 , Fireplace Approximate Cost Definitive Plan Approved by Planning Board 19 Area 11....40..ftek,..eikel.c_Diagram of Lot and Building with Dimensions Fee ,/ (J 0 SUBJECT TO APPROVAL OF BOARD OF HEALTH1)4.. /` ,.. i . , . _ .. , I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .. ------i (/ 21 . 0 No 16759 Permit for Remodel- ..ec .Add...Dormer oc Location X1,11...WaY • • • Barnstable Owner Sa1.1.37:..&.iiicharcl..ka,ichand Type of Construction Frame Plot 300 Lot 35 Permit Granted November 30 1973 • Date of Inspection Wd.7/23 V6412e; 19 Date Completed 7j/01-2),/ 19 PERMIT REFUSED 1 9 5°70 Approved 19 ' , . .,.. . . _ • 17 ✓ \ J- REMOVAL OF INVASIVE PLANTS AREA: 2,000t SF // y/ / SPECIES SAPUNG SYCAMORE MAPLES, BITTERSWEET, / / HONEYSUCKLE.&AUTUMN OLIVE / - / LOCUS RIPARIANF. 4/ / AN ZONE / YInGATON / / / / l . AREA(SHORN HA�rn) //:/ F. 7/rJ b/ ®�I' \\ BARNSTABLE \ VILLAGE RIPARIAN ZONE /A //i// /\\\ ` INNER RIPARIAN ZONE(IRZ)(0'-100'): n� E�"ND 0°511NG // / - / // / ma I `. ASPNALT APRON y / 2 \I \. AREA OF SITE W/IN IRZ=7,517t SF WDTM / / / / \\ YASSACH SOCIETY AUDUBON NEW STRUCTURE WAN IRZ=0 SF : / i � // y /.. /. \`�v / \\ \\\ 1071326 Palgl OUTER RIPARIAN ZONE(ORZ)(100'-200'): n // / a. Cti.r, \ .. AREA OF SITE WAN ORZ- 12,910*SF �sV rEvo'.E WVASIVE / ��!` \\ •\ LOCUS MAP INCLUDING NEW STRUCTURE WAN ORZ= 149 SF ff__ SAP."VEGETATION SWARM jiei< .:-.1.''''::///.."\ / �y�\ \ SCALE 1'-2000't MAPLES BITTERSVEET, / Ay O �L \ TOTAL RIPARIAN ZONE(RZ)(0'-200'):. / * ti'/'''t •.` 3ASSESSORS MAP 300 PARCEL 35AUTUMN DUPE. / �.,.,ti':'!••y" .. \ AREA OF SITE WAIN RZ= 20,427t SF n RE_VEfZTATII w/ // / it tt,�Gt "+: 1`i�'Y._` _ I ` LOCUS IS YA'IHIN FEMA FLOOD ZONE 1S NEW STRUCTURE WAIN RZ 149 SF V49 �� NATIVE PI/JI / y t, to��,/ ,1'r.�`^� �\ EL 11 AS 9i0WN ON COMMUNITY PAN0.RIPARIAN ZONEMITIGATION: _ v , h /�I� h .a-?�;;>�.' �: \ \ ( ) // / ,��,y0h, ..' r.,y ,Bs \ p250001 0001D DATED 7/2/1992 SF WAN RZ X 2=MITIGATION AREA _ : mil ff' \.. 149 SF %2 A. 298 5F OF RZ MITIGATION al /y . 4iti?Ms�i,/•// I \*4r4 T� \ \ AT ZONING SUMMARY RX DANGEROUS ' i4.044 144./newO y,'Y" -1 \, DRaP aFF NE%T ♦' ?itp trp/tie r ,'1.,.., \ \ j ZONING DISTRICT: RF-1 DISTRICT TD sDEwAUE ,�ti�,te;.fGpfn , ,- LOT 1 °♦ REQUIRED: DOSING PROPOSED \� /��/ ,tttt�er,yam / -' / \ \p_ .4444tM1,%et -e.;,; / 33,47D3 SF \ \ f2 ?'T. MIN.LOT 9ZE 43.560 EQUI S.F. DOSS S.F. 3 PROPOSED S.F. '� y a A,tj?I�''/i%�?i' �1 °-� 1� \ Qe MIN.LOT FRONTAGE 20' 34272' 342.72' / �j I tI/tI II v4"' \ 5 \ \Yg Jpjttt,f tt j?t . •.•SPK_:LT :, ,• I \ \' MIN.FRONT SETBACK 30' 342. 342. �L MIN.SIDE SETBACK 30' 16.i' 79.1' \ ,gyp Or.o,,� :' /. PROPOSED / I 1 / \� MIN.REAR SETBACK 15' 40.6' 40.6' le 401. y ,L9 /:i„,44i:4.'_i'.�'ec=`»+ r;= I._;ysL:,?,y PA11Ri, / '.. \1 Q'"I\„�Gr',..31: �'"`:�..'..:• \ ' /�-IV- SITE IS LOCATED WITHIN THE AQUIFER e- \\�\ PROTECTION DISTRICT REMOVE HNVA9VE \ `'/ jet i•'?'t: �'@8 / / \ \ SITE IS LOCATED WITHIN THE BARNSTABLE RESTORATION/MITIGATION vEGErATIDN INCLUDING II,/'",S ' _ Tg \ / FIRE DISTRICT SAPLING SYCAYDEff �,�tt %:.Y?,�; " D /" ' / MAPLES.FATTi7iS41PET. �.�Ata:•'-> Y•�Y`'}- \' ' --_ HONEYSUCKLE.UTUMOLIVE, ,i?:�'•r.,l�N ,:+� ,,:•• S; / c / --r6_ 7 \ STE IS LOCATED WITHIN THE OLD KINGS AUTUMx W/ el,.'' y A t ti•„ / `� / / /� �qt, HIGHWAY HISTORIC DISTRICT RE-VEGETATE W/ y /tl�t�E-T b / ,\// /�' \ \\gyp,?d rQ NATIVE PLANTS tii�0%e! ;.� / ' / / `o .44, ?i���t�INVASIVES REMOVED&AREA RE-VEGETATED WI / yt/��r � `a;,, / /' / / -re - . !titG.NAnvE�Eaes r,/%r:� - �� /\/'/-�- °�° OWNER OF RECORD tI EASRNG �. /,Iy CI,, b:. I...4I $EWER/ .itt,tt. 8 , / / / ��� LINE r t.%tl,t`�. PROPOSED ,- ,'E EwsnNG �,. /////\ 7GI B ROBERT 080 N STR&EET/DITH L NOLAN SEVER LINE y �t`I>�t� SEVER LINE 1.�'^'Y� B r /�/ //' / WEST K STREABLE.MA 02668 PROPOSED / Ps• PROPOSED B! A /G//// //.�^ . SEWER OEANDEAN "V: ADDITION -A`A "` //// // our(TW.) -�aa& s //( // / // \�. / �+ � -��F PROPOSED i ,,'' F Z'' REFERENCES FOR RIPARIAN ZONE ALTERATION: r� /II/-x \\\ I/'•�// / f 'r'L �:1s G't-GE —''_ o. r 1 ' CLEAN UP \ /� AREA: REV.=298 SF(330 SF PROVIDED) �` if/" 7•`,L / J I' s.voR� t0✓.�/ 'I • / f�: -•~Y DOTING SwME [/j�/;1 /' ThaP EATZ 1y,i ".' ♦ Y -i4. PLAN BOOK 256 PACEG37� PLANTS PANICN PEN AREA (1 GAL)O 4'0-GTO lei// t/ , I,`' j• ILDOW/lDBouuKTMR WALL/'' BE INSTALLED IN OPEN AREA ON SITE NEAREST TO / NOUSE %.Ftt/r. 441! / / / 4`1i.%THE RIVER,OR SUBSTITUTE W/PRIOR APPROVAL OF I / A/BARNSTABLE CONSL-RVATiON DEPARTMENT STAFF. /a �tl�!' / e..4f�7., �2,..,.._imi. ...40,,g,:6,10 , ., 1 I r r °4*•';•';' '''..4,11w:,,,,:ivil?At,;.'s U 1 Ii / ,200 W LWAY I / l'qr r✓; a. . I t I • I IXSRNG DWEL , FIRST FL 13.6" r / SSQ Fy'� / I I 1 I / I p��%�.•.4 l=• �NSP'. SET OP03D NATURAL I 1 1 , / / i.,j / / sroNE wAu / 9' •`f D_T.' ', ; ' REaoOE/ '1 r• Z' / RtoPOSED '- I/ l PATIO •v / M � -,,, / - ...E STEPS 7 ' 1 I �y vii PLAN OF LAND 1 1 d I I E07510IG ;113.: 1 / I / 1 ABANDON DOTING UNE. I �H I (/1J HOUSE •i `rb / / / P AN.A REMOVE P SHOWING PROPOSED SITE IMPROVEMENTS AT NOTES: I I g,: ' 0 #200 MILLWAY 1.UTILITIES ARE APPROXIMATE,NOTIFY DIGSAFE I 1 ' I a' I Ip / / / r OMU.0.HY L OMINETE TRUNG,ST 1R. a / / A'I1O WAY NOMINEE TRUST 47 IN 1 I I- / / / MAP OB 22902 PG 231 2 NEW CONSTRUCTION IS LOCATED ON E%ISTINC GROUND 1 I I $ / / / / BARNSTABLE, MA _ ABOVE ELEVATION 11. _._._..__.__-._. s 1 I I / / / / 1 I I / I1 I / 1 I / / / i I 1 PREPARED FOR 1 F I / i l / ROBERT & JUDY NOLAN / DATE: DECEMBER 29. 2010 J I I / REVISED: 1/14/11 (ADDED 100' OFFSET TO BULKHEAD) /w I Y� 6 I ScDle:1'=20' 1 .' Er •yx0, 0 ,0 20 30 40 50 FEET 1 DANIELA, /',,-- o DANIEL �WBP_LfN T a aALA ]�a; A- CIVIL '"I¶ OJA� off 508-362-4541 ' No 16502 p �It Nc.403P4•, .I fax508-362-9680 ^�y �}''�� T ao.4roPe.em e I-IM.2/21\ -VVV- down cape engineering,inc. DATE DANIEL A OJALA.P.L.S. civil engineers PERMIT SET-NOT FOR CONSTRUCTION sli land surveyors 939 Main Street(Rte 6A) YARMOIJHPORT MA 02675 • 10-179 NOLAN DWG DCE/10-179 dlOO TOWN OF BARNSTABLE BOARD OF APPEALS 397 MAtN STREET HYANNIS.MASSACHUSETTS 03601 Minutes Public Hearings September 9,1982 MEMBERS PRESIDING: Frank P.Congdon,Acting Chairman Gail Nightingale,Assoc.Member Helen Wirtanen,Assoc.Member Calendar: 1982-58 James &Paula Powers 1982-59 Walter H.Brown 1982-60 Richard N.Marchand 1982-61 Kenneth J.Gavin &Jane Davis-Gavin 7:30 p.m. 7:45 p.m. 8:00 p.m. 8:15 p.m. ZONING BOARD OF APPEALS Minutes -Public Hearings -September 9,1982 -1 - 1982-58 James &Paula Powers Mr.Powers presented his petition before the Board and said that his wife would like to operate a beauty shop In their residence at 11 Hambllns Hayway,Mars tons Mills In a residence F zoning district which allows home occupation use by special permit of the Zoning Board of Appeals.The shop would occupy 140 sq.ft.of area In the dwelling and there would be no employees other than Mrs.Powers.The shop would be open four days a week and hours of operation would be from 12:00 a.m.to 5:00 p.m.They anticipate having fifteen to twenty clients during the course of a week.There would be a sign having only the name Paula on It and no other lettering. Mr.Powers said that the use would not be detrimental to the neighborhood due to the small scope of the business and their residence Is located well back from the street. Mrs.Powers spoke and said that she has a small child and Is unable to devote full-time to her business but would like to keep a few customers who could be serviced at her residence.They have town water and a septic system and can provide four on-slte parking spaces unpaved.No one spoke In favor of or In objection to the petition and the Board took the matter under advisement. 1982-59 Walter H.Brown Mr.Brown presented his petition and said that he would like to construct a two-car garage measuring 24 ft.x 24 ft.on his property at 5 Blueberry Lane,Marstons Mills. He has a corner lot In a residence F zoning district and frontyard setbacks apply on Blueberry Lane and Lakeside Drive.This will be a detached garage and would be 25 ft.from Lakeside Drive Instead of the required 30 ft.and 10 ft.from the rear- yard setback Instead of the required 15 ft.There Is now a dirt driveway from Blueberry Lane.The new driveway would be on the Lakeside Drive portion of his lot and not on the Blueberry Lane side.The proposed garage would be about 18 ft.high with some space for storage.Mr.Brown said that he owns the abutting property which would be the most affected by the requested variance relief and this property Is also owned by his son.No one spoke In favor of or In objection to the petition and the Board took the matter under advisement. 1982-60 Richard N.Marchand Mr. Marchand presented his appeal for enforcement action on a decision of the building Inspector to allow a marine sightseeing excursion boat facility at Bamstable Harbor In a Marine Business B zoning district.Mr.Marchand read aloud the correspondence from the building Inspector and explained the efforts he had made to get a decision on the legality of the whale watching boat that has operated from Barnstable Harbor both this summer and last summer.Section K.Use Regulations —Non-Residence Districts paragraph 3.Business Limited District B.subparagraph h.,allows "Operation of charter fishing and marine sightseeing and excursion facilities".This district Is In the Ocean Street area of Hyannls.Section K.,paragraph 6.does not provide for this use. (continued) ZONINGBOARDOFAPPEALSMinutes-PublicHearings-September9,1982- 3 -1982-60(cont.)Boththe buildingInspectorandthetowncounseldisavowedthisuse aseducational.ThebuildingInspector,InhislettertoMr.Marchand,comparedthemarinesightseeinguse to"fishingwithout a pole"andMr.MarchandIsnotInagreementthatfishingcanbedonewithout apoleandconformto the usespermittedInaMarineBusinessDistrictB.ThebuildingInspectorreferredto theminutesof thespecialtownmeetingwhichvotedtheMarineBusinessDistrictB andtoldMr.MarchandthatItwastheIntentofthetownmeetingto allowthistype ofwhalewatchinguse.Minutesof thespecialtownmeetingadoptingthisMarinedistrictwereleftwiththeBoardbytheappellant.Mr.Marchandsaidthathewasanaggrievedpartywithinthemeaningof Chapter40A.,M.G.L.andthisIllegaluse hascreatedparking problems,noise,confusion, diminutionofpropertyvalues,andInterferencewiththe quietuseandenjoymentofhisresidentialproperty.Mr.Marchandsaidthat as atownmeetingmemberheIsconcernedthata usenot permittedunderthezoningby-lawsIsbeingconductedwithoutenforcementactiononthepartof the building Inspector.ThereIsa grasping atstrawstojustifythisuseIntheMarineBusinessDistrictB zone and Mr. Marchandsaidthatzoningchangesshouldonly bemadebytownmeetingandheIsaggrievedbythisviolationof theby-lawsandbytherefusalof thezoningenforcingofficerto takeactionbyenforcing theprovisionsofthezoningby-laws.Mr.RichardKullberg,ownerofCapeSeawaysIntroducedMarkRobinson ofOceanStreet;hispartnerIntheoperationof thewhalewatchingboat.BeforestartingthisuseatBarnstableHarbor, they weretoldbytheHarbormasterthatItwaspermitted|theycontacted the neighborsandtFalthCummlngsof theBarnstableCivicAssoc.andallagreedthat thewhalewatchingwouldbe agoodthing. Aftertheyhadoperatedtheboatforaweekorso,theycontactedthe SelectmentoseeIftherewere anycomplaintsandtherewere none. Everyone agreedthatthiswasa goodthingfortheharbor.Mr.Kullbergandhispartnerreceivedthe necessary permitsfromtheCoastGuardto operatethisboat.Mr.Kullbergsaidthathe hadmadeeveryeffortpossibletosecurethematterbeforegettinghisInvestorsInvolvedInthisproject.Parkingspaceswereleasedfrom Deane Lawrence and he employsparkingattendantstoseethatthevehiclesareparkedIntherightareaanda study hasbeendoneshowingthat thewhalewatchingboathasnotIncreasedthetrafficgoingIntotheharborarea.Thisboatwascharteredtwotimesduringthesummerand once toFloundersrestaurantforone eveningonly.Therewas oneotherprivatepartylastsummerforTom0*Nell.Alistofthosegroupswhohad usedthewhalewatchingboatwasreadaloud.ThemarketingagentIsRichardScudder.AdifferentboatthantheAtomicwasusedlastyearandtheyhavenowreplacedtheAtomicwith.asmaller boat.ThenewboatIscalled the"Ifystery.TheyareplanningtohaveonlyonetripadayafterSept. 18th.ThereIsnofishingdoneonthe boat.Theyhave aliquorlicensefromtheABCCout ofBoston.FoodIsservedonthe boat butIssnack type food. Less than5%oftheboatpassengershavealcoholicbeverages.SusanErlckson, a biologyteacheratBarnstableHighSchool, explained thestudiesshehad done onthewhalesandtheeducationalbenefitsofthewhalewatchingoperation.•AresearchInternshiphas beenestablishedforBarnstableHighSchoolstudentsas aresultof the whale watchingoperation.Mr.Richard Scudder,presidentofHy-Llne,explainedhislonghistoryInthetownofBarnstableandsaidthat heknewofnoInstance(continued) BABXST ZONING BOARD OF APPEALS Minutes -Public Hearings -September 9,1982 - 4 - In which his family had caused detriment to the town.There are twenty jobs Involved In the whale watching operation and they could hang poles off the rear of the boat and comply with the zoning In the harbor.About thirty cars arrive and depart for one whale watching trip.Mr.Scudder said that there would be no evening charters or Inappropriate use of the whale watching boat as long as he Is Involved with this operation.This business has been In operation for two years and they were told that It Is an allowed use. Basil Edwards said that the zoning by-laws should be upheld.James Klttredge,a cottage owner at Sandy Neck,said that this Is nothing more than an excursion boat with loud speakers In operation as the boat leaves the harbor,and Is detrimental to the area. Mr.Marchand said that Faith Curamlngs was told this was a "fait accompli"situation. Mr.Kullberg should have been advised that this was not an allowed use and In violation of zoning.A letter was sent to the Selectmen and not answered for seven weeks on the whale watching operation which accounts for the delay In filing for enforcement action. Mr.Kullberg said that his attorney Is Gerry Garnlck and he felt that they had gone to all of the proper authorities for permission to operate the boat and they had been In operation long enough for someone to take enforcement action and he Is willing to make this use educational only. The Chairman advised that the matter was under advisement and the hearing was closed. 1982-61 Kenneth J.Gavin &Jane Davls-Gavln Atty. Jane Davis—Gavin presented her petition before the Board and explained that she Is the owner of property on the south side of South Street and one of her tenants feel asleep while smoking and this resulted In a fire on the second floor of their dwelling.The entire second story of their house was destroyed and they are now settling with the Insurance company and will rebuild the second story.There were six rooms on the second floor and this property has had long use as a lodging house. They would now like to reconstruct the second floor and change the rental room use to two apartments so that they would have year—round,responsible tenants.The plan showing the two upstairs apartments was explained to the Board.One of the apartments would have two bedrooms and the second apartment would be a one-bedroom efficiency apartment.They have a unique time to change this use since the upstairs must be rebuilt and the change from lodging rooms to apartment use would enhance the neighborhood and there would be less use of the property with less people,less noise etc.The only change would be adding a kitchen and a bathroom and there were plug In type appliances with the lodging house use.The petitioners are year-round residents and live on the first floor of the building.They are asking for permission to upgrade the building which will be an asset to the neighborhood.No one spoke In favor of or In objection to the petition and the Board took the matter under advisement. Cape Cod Whale Watch Moonlight& SunsetCruises Cruises daily from Bamstable Harbor (mid-Cape)just 3 milesfrom Hyannis. Cape Cod's newest party boat, the 100-foot Regency,cruises at 26 knots and has comfortable enclosed seating for up to 250. Whale watching with our naturalist's commentary is an unforgettable experience.Whales,porpoises, sharks and seals play just yards from our boat.Regular sunset,moonlight and discount group charter cruises are also available. Complete food and beverage service, free parking,major credit cards accepfed,season April through October,reservations suggested. Hyannis Whale^Watcher Cruises Millway Marine Bomstable Harbor Bamsfa£>/e.MA 02630 617-775-1622 or 562-6088 / 3f Massachusetts on since 1620.Step backintothe 17 th ayflower II and at the 1627 Pilgrim il residents of the original settlement 5ht they bring to life the seasonal while here, plan to visit some of ractions.For free brochures,write ciJ,Box 1620B,Pembroke,MA 02359. Plymouth WE'RE SO CLOSE Only 3 niin.S.from Exit 9 off Rte.3. 5 min. N. of Plymouth Center. ^/oPG Cordage Park cMarKgtplace Route 3A.Plymouth 55+Stores for off-price*retail and specialty shopping. (*u'here off-price means quality merchandise always on .sale!) •12-Restaurant liitemational Fot)d Pavilion (not unlike Quincy Market) •Housed in a restored 19th century rope mill •Enclosed for weatherproof comfort •Plenty of free parking,restrooms, and handicapped facilities •Museum artifacts displayed through out the shopping area •Open daily 10-9 p.m.;Sun.12-5 746-7707 \COUNTRY AUCTION V EVERY SATURDAY EVENING I Boston Magazine Ij S—SUMMERPREVIEW'85./,PAGEA-nschedulcalling487-2651,in-statetoll-freeat1-800-442-3188or by.writingP.O.Box1469,Provincetown,Mass.02657.Ticketscanalsobepurchasedat thewharf.Groupratesareavailable.Anaturalistandmarinebiologistwillbe onboardtoanswerquestions.Theboatcarriesabout150passengers.;TheHyanhisWhaleWatcherCruises^a newoutfitthisyearoperatingoutof.MillwayMarineatBarnstableHarbor.The 100-footvessel.TheRegency,hasacapacityof250.CruiseswillbeofferedfromMaytoOctober.Dailytripsleaveat9a.m.and1p.m.,withadaily5:15cruisetobeaddedforthesummermonths.Informationandreservationscanbemadebycalling775-1622.Ticketcostsrangefrom$13.50to$18.50,andgroupratesareavailable.Anaturalistwillbeonboardtoanswerandquestions,andlightsnacksand afullbeverageservicewillbeofferred.Tripswilllast from4to41/2hours.RaincheckswillbeissuedifnowhalesaresightedTripsare subject toweatherconditions. PAGEA-12CAPECODTIMES—SUMMWritersgathiyMARIONVUILLEUMIER.PECIALWRITERCRAIGVILLE-"Ican'tgetangentbecauseIhaven'tpublishedaook and Ican'tget a bookpublished•ecauseIneedanagent"complainedne youngwriterrecently,who hadTailedhermanuscriptto asucces-ion ofpublishers.DianeCleaver,aliteraryagentrom NewYork,isawareofthisal-nostuniversal"Catch22"amonglewwriters.Inherbook"TheLiteraryAgentindtheWriter,"(TheWriterInc.10),sherecommendsattendingavriters'conferencetomakecontactvith anagent."Ifyoudoattendaconference,the;hancesarethatan aneditororjgentyoumeettherewillrespondto/ourqueryrequestinghimor hertoreadaproposalorpart ofyourmanu-thatTfpplannhliffationThisappointmentvisittoascertainwhneedsanotheragent;specializeincertainscripts)oradiscusthematerialisreadInthepast,agents-iihavedepartedwithspectiveclients.Thereareotherpccationoccasional:writers'conferenc(notesthat"GeneBy"LifeinDarwin'sIsciencefictionwrimagazine,found hisommendationofaneTheeditor-in-resi(comingCapeCodmanycontactsinthtworld.SallyArtesei&Companyis a senpublishinghouse.ShejoinedDoubhpriit-pdforsucha ......''•'.: -'"•^:^'.1.T-.^.--^,. 1.*• -'UyT-V-IA.^^^(lXX4y . ,.c<Ly •'€y^xL>Sl^lP/(:r'^XX't^crViy fKj^wXX^ci/, ^.,jLLr ^ DV.V rf~it-^)&i CapeCodReadyMixConcreteCo.Main Office: P.O. Box399.Route 6A •617/255-4600Orleans,Massacfiusetts02653•617/775-4679CONCRETEPLANTSINHYANNISANDORLEANSj----.y:>%.*•-1'•;*..r••s.~rv-~*-•\,?•V:>•.-1/tI-•'•I——'•\•r--•-•j'1»Mr.fV To Joseph D.DaLuz,Building Commissione:^ 'Town of Barnstable ^ Town Office Building ** Hyanni s,MA 02601 R. N.MARCHAND,INSURANCE CONSULTANTS,BROKERS. RISK MANAGERS.REINSURANCE 175 MAIN STREET (RTE.6A).YARMOUTH PORT.MASS.02675 MAIL: P.O.BOX 137,BARNSTABLE,MASS.02630 (617 )362-9605 ANYTIME REGARDING:Whale Watching,Barnstable Harbor DATE:M^y 6,igftS Dear Mpo BaLuz: I am enclosing a clipping from The Register which indicates that the new wha^e watch operators in Barnstable Harbor are offering "regular sunset,moonlight and discount charter cruises"a In the past,you have been kind enough to call in the present principals to ex plain that these activities were not permitted under current zoning#Please see copy of your letter of July 16,1984»Under the circumstances,I think that it would be appropriate for you to do this for the new group before the season starts so that there will be no misunderstanding.I certainly don't relish getting into the same sort of hassel we had back in 1982,and I'm sure th^you don't either# Do you have to give a permit for this?Where are they going to park cars for thisf I look Toward t©hearing frji^m you in due course#Many thanks for all your help# ///Sijicer^y you^/ '//./ / ^pM:smm Richard N.Marchand Town Meeting Rep#Pet#t Cape Cod Whale Watch Moonlight&SunsetCruises Cruises daily from Barnstabie Harbor (mid-Cape)just 3 miles from Hyannis. Cape Cod's newest party boat,the 100-foot Whale Watcher,cruises at 26 knots and has comfortable enclosed seating for up to 250. Whale watching with our naturalist's commentary is an unforgettable experience.Whales,porpoises,sharks and seals play just yards from our boat.Regular sunser. moonlight and discount group charter cruises are also available. Complete food and beverage seruice.free parking, major credit cards accepted,season April through Ocfober, reservations suggested. Hyannis Whale^Watcher Cndses Millwoy Marine Barnstabie Harbor.Bamsiable.MA 026J0 617-775-1622 or 362-6088 ';• •<-gy ttest toy prodncts —Trans Formers. 'ate office and warehouse, g with our latest store in sed me the most Is, In i banking knowledge,the re helpful with general a growth company.CC^&T 3d the ability to understand respond to them quickly." lased to be a part of Tons of Into the world of children's ire looking to finance a new or expand an existing one, ntact the loan officer at the CB&T branch nearest you. Member F.D.I.C. -H.:-'—f t- -••"i TO ^- TOWN OF BARNSTABLE BUILDING DEPARTMENT ^MAIN STREET HYANNIS.MA OZatl Phone:775-1120 L SUBJECT: Kr.Ri<^ed March«nd R.N.Marchand,Insurance 175 Main Street Yanoouthportt H&02675 J July I6»1984 MESSAGE a Dear Mr.Marchand: Thank you for the information on the whale watch. y' I had the principals in and we discussed the aetlTltlee at the harbor aa they pertain to zoning. REPLY Peace» Joseph DaLnZ.Bnlld4ny RECIPIENT:RETAIN WHITE COPY.RETURN PINK COPY PRINTED IN U.S.A. To Joseph D.DaLuz»Building Commissioner Towr^of Bams table -"^bwn Office Building Hyannis,MA 02601 R. N.MARCHAND,INSl CONSULTANTS.BROKERS.RISK MANAGERS. 175 MAIN STREET (RTE 6A),YARMOUTH PORT,I MAIL:P.O.BOX 137,BARNSTABLE,MASS.02630' (617 ) 362-9605 ANYTIME REGARDING:Whale Watching,Barnstable Marina DATE: Dear ^^r»DaLuzs There is a new operator now in Barnstable and I believe he should be advised as to what is pennitted under the whale watching zoning pennit. In the past,you were kind enough to inform the prior people that moonlight cmises, etc.,were prohibited.See your letter of August 13,1982 to me, I write yoti now because just last evening the boat,with a full load of passengers,left the dock after T'30 PM and returned at midnight,or thereabouts, not looking for whales at that hour! I'm certain that they were Anyhow, I believe that this should be nipped in the bud,so to speak,and if you agree,I would appreciate your doing the necessaiy, SijBcerely you^ Richard 3!^.Marchand Town Meeting Rep,Pet. 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InIII mn'SlPfe: ilr:A1A L SUBJECT: Mr.Richard Marchand R.N.Marchand,Insurance 175 Main Street Yarmouthport,02675 n j FROM TOWN OF BARNSTABLE BUILDING DEPARTMENT 367 MAIN STREET HYANNIS,MA 02601 Phone:775-1120 July 16,1984 MESSAGE Dear Mr.Marchand: Thank you for the Information on the vhale watch. I had the principals in and we discussed the activities at the harbor as they pertain to zoning. Peace, REPLY Joseph DaLuz.Buildint^CoinrnlsRionpr RECtPIENT:RETAIN WHITE COPY.RETURN PINK COPY PRINTED IN U.S.A. SENDER:SNAP OUT YELLOW COPY ONLY.SEND WHITE AND PINK COPIES WITH CARBON INTACT. Joseph D.DoLuz, Building Commissioner Town of Barnstable yannis,MA 02601n 200 Millway.P.O.Box 137 Barnstable,MA 02630 July 30,1982 Dear Mr,DaLuz: This is a request for enforcement action under Section 7 of Chapter 40A,Massachusetts General Laws for the following violations of the Zoning By-Laws of The Town of Barnstable? 1•Operation of a whale watching boat at Barnstable Harbor, Barnstable Village,a Marine Business District B.This appears to be commercial recreation use and,as such,re quires a Special Permit from the Board of Appeals. 2.Operation of a laundromat in a Marine Business District B at Barnstable Harbor,Barnstable Village^such use not being permitted under the Zoning By-Laws of The Town of Barnstable, I look forward to hearing from you in due course. Very truly yours, RNM:SMM CO.Board of Appeals, Town of Barnstable Richard N.Marchand CERTIFIED MAIL-RETURN RECEIPT REQUESTED BABISTABL Town of Barnstable OFFICE OF TOWN COUNSEL 367 MAIN STREET HYANNIS.MASSACHUSETTS 02601 MflaaDOflowwBS tel.»6i7».775.1120 ROBERT D.SMITH September 9,1982 '28 NIGHT LINE AFTER 4 P.M. 16171 -775 -7370 Mrs.Ellen Scheurer Zoning Board of i^jpeals Town of Barnstable 367 Main Street,New Town Hall Hyannis,Ma.02601 Bbz Richard Marchand -Cape Cod Seaways,Inc. Dear .Ellen; You have asked for an opinion as to the validity of Richard Marchand's appeal to the Board legarding Cspe Cod Seaways,Inc. (the vbale watching operation). Under G.L.c.40A,s.8,"an ^3peal ...may be taken by any person aggrieved ...." You mention in your letter that Mr.Marchand is not a "party in interest"under G.L.c.40A,s.11 to vbom notice is required to be given.I take this to mean he would not be a party in interest but for the fact that he is the petitioner. There is a presuirption that a party in interest is also a "person aggrieved."Marotta V.Board Of 7^?pealS of Revere,336 Mass.199 (1957).This is a weak presunption v^ch is dissipated if the issue is contested and addi tional evidence is offered.Waltham MQtor Inn,Inc.v.LaCava, 3 Mass.Ct. 210 (1975). A recent case reiterated this position stating that once a person's status is challenged,there is no benefit from the presumption as such. Rsdstone v.Board of ;^^peals of Chelmsford,mss.1pp.Ct.Adv.Sh.(1981)367. It ^Jpears,therefore,that even a party ih interest cannot be assured of being a perscxi aggrieved under G.L.c.40A,s.8 once evidence is offered to the contrary. The interest of a property owner ^/jho is not a party in interest has occasionaUy been viewed as being that of a "general civic interest"not rising to the status of a person aggrieved.Waltham Motor Inn,Inc.v.LaCava,3 Mass. Ct.210 (1975). The burden of proving status as a person aggrieved res-ts on the petitioner. Rafferty v. Sancta Maria Hospital,5 Mass.Ct.624 (1977).It is,of course, of substantial significance that the petiticxier is not an owner in the zone vbere the activity he se^s enforcement against takes place. -2- Mrs.Ellen Scheurer Zcaning Board of i^jpeals September 9,1982 The courts have looked at several factors in deterndning vdiether a litigant is a person aggrieved.For exartple,one court felt it inportant to determine vjhether the catplaining party had suffered any diminution in the value of his property and \diether he had an inteirest in pireserving the integrity of the district in questiion.Waltham Motor Inn^Inc.v.LaCava,3 (&ss..App.Ct.210,218 (1975).Another court held that a nearby property owner must establish facts from \diioh it could be inferred that he might incur tangible harm.O/jens v. Board of i^peals of Behtont,Mass.Ipp,Ct.Adv.Sh.(1981)731.Another case dealingwith an abutter and denying his status as a p^son aggrieved,thought it inportant vtether a proposed parking lot would be visible from the abutter's prcperty.Redstone v.Board of Appeals of Chehnsford,Mass.7^.Ct.Adv.Sh. (1981)367. I trust that the above guidelines will enable the Board of T^peals to make its determination of vhether or not the petitioner in this matter is a party aggrieved within the iteaning of the statute. Sincerely yours. B33S;cg Robert D.Smith Joseph D.DaLuz telephone,tts-iieo Bui/ding Commitsioner EXT.107. TOWN OF BARNSTABLE BUILDING INSPECTOR KJ town office building HYANNIS,MASS.02601 August 13,1982 Mr.Richard N.Marchand 200 Millway P.O.Box 137 Bams table,MA 02630 Dear Mr.Marchand: This is in response to your July 30,1982 request that.I enforce the zming by-law with respect to the operation of .a whale watching boat at Bamstable Soecificallv you characterize the operation as a "cormercial recreation use .itismyopinionthattheuseisnotillegalundertheBamstableZoningBy-laws. This area is zoned,as Marine Business District B.The uses allowed in Marine Busines District B include: a. Building,sale,rental,storage and repair of boats, b.Retail sale of marine fishing and boating supplies, c Retail sale of fishing bait,fish and shellfish. d.Operation of a comnercial fishing business excluding ccmraercial canning or processing of fish. Prior to 1955 it is ray understanding that the area in question was zoned for general business.At a Special Town Meeting on September s,1965,the zoning was amended to the form it is essentially in at the present tme,with the exception that restaurants once permitted by special permit are no longer allowed.My reading of the minutes of.that Town Meeting indicates to me that it was the intent of theTownMeetingtoauthorizetheuseswhichweretakingplaceatthattimeinBarnstable Harbor.One of those uses then,and in the recollection of others for a long timepreviJusly,was the operation of charter boats.The material impact of a charterboatoperation,as I see it,is that patrons arrive in the area,park .pay ^J^e to go aboard a boat which then departs for a period of several hours,,returns and dischargesthepatronswhothereuponreturnto their vehicles and leave the area.I can make no substantial logical distinction beteen the charter fishing boat opemtions and the vhale watching cruises to \Mick you object.Indeed,your characterizatim of this use.as "recreational"would apply no less to the cl^rter fishing operation, for X believe that it is clear that most,if not all,of the place on the boats is primarily recreational in nature.I do not believe that the zoning by-law should be read to prohibit a use which in its seaward .volves the capture of the images of marine creatures by sight and on film and permit a use which involves the capture of fish with bait and hooks. e SENDER:Complete items 1, 2, 3,and 4. Add your address Inthe "RETURN TO"space on reverse. (CONSULT POSTMASTER FOR FEE^)^ 1.The followingservice is requested (check oii). •Show to whom and date delivered CH Show to whom, date, and addressof delivery.. 2.•RESTRICTED DELIVERY ..f /? {Therestricteddeliveryfee is chargedin addition fo • the return receipt fee.) TOTi 3. ARTICLE ADDRESSED TO;\ Mr.Richard N.Marchand 200 Millway P.O.Box.137 Bams table.—.MA 02630 4.TYPE OF SERVICE: •REGISTERED •INSURED ^CERTIFIED •COD • express mail ARTICLE NUMBER P253 896 244 (Always obtain sigrtature of addressee or agent) I have received the article described above. SIGNATURE tV^ddceswc Authorized agea DATE OP DBLIVJERY .(pbsTMA 6.ADDRESSEE S ADDRESS (Only if requesie 7.UNABLE TO DELIVER BECAUSE:7tt>EJilP.tOYEE'S UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Printyourname,address,and ZIP CodeInthespace below. •Complete items 1,2,3,and4onthereverse. •Attach tofront ol article 11 space permits, otherwise alii*to back ot article. • Endorsearticle"ReturnReceiptRepuesled" adjacentto number. RETURN TO PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE,S300 U.S.MAItr~ Mr.Joseph DaLuz,Building Coranissioner (Name of Sender) Town of Bamstable - .367 Main Street (Street or P.O.Box) > Hyannis,MA.02601 (City,State,and ZIP Code) Mr.Richard N.Marchand August 13,1982 Page 2 Please be advised that I have recently ascertained that the dancing and moonlight cruises ^ich had been conducted aboard the "Atomic II"have been discontinued.That tj^of use,I believe,is prohibited by the zoning bjr-law and I have informed the operator of the boat to this effect. The laundromat,as I review the operatioa,is .an accessory use..Uses customarily-incident to a permitted principal use are considered to and part of the principal use even though incidents of the accessory use would hot permit it as a separate use.I believe if you make a survey of .like operations you will find such a use.There are court decisions which clearly define "accessory use" and therefore I can only conclude the present use is within the confines of such adjudicated decisions. I trust I have addressed your concerns. JDD/gr cc:Town Counsel Board of Selectmen Board of Appeals Peace, [^Joseph D.DaLuz Juilding Coomissioner JospiPH D.OaLUZ TELEPHONEi 778-1120 Bui&'wg CSmmimetier EXT.107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS,MASS.02601 May 26,1982 Mr.John Klinin,Chairman Board of Selectmen Town of Bamstable Hyannis,MA 02601 Re; Whale Watching Dear Mr.Klinin: I have reviewed.in depth the question of zoning as referenced in a letter from Mr.Richard Marchand dated April 8,1982,as it relates to the whale watching operation from Bams table Harbor. I have requested and received.several documents from Mr.Richard Kullberg,President .of the Whale Watching B^t operation.In Mr.Kullberg's letter he states that he.had discussed details of his operation with the residents of the Bamstable .Harbor area,the United States Coast Guard,.the Bamstable Selectmen,the Harbor Master ^d the then President of the Bam- stable Civic Association,Ms.Faith Cumnings. It is interesting to note the types of involvement in whale watching. The educational considerations have attracted people like Bapry E.Brocks, Marine Biologist;Susan Ereicson,a Bamstable High School Biology teacher \dio gives lectures with her film documentary on whales to public,.private and church organizations.The Bamstable High School Science Department has funded the making of the film.The list of organizations who annually participate in the vdiale watching tours include: American Cetacean Society,Audubon Society,Boston >kiseum of Science,.Boy Scouts and Girl Scouts of America,Cape Cod Museum of.Natural History,Harvard Museum of Ccmp.Zoology, Ifystic Aquarium,New Bedford Whaling Museum,Woods Hole. Oceanographic and many colleges,public/private schools. The question is,of course,does it conform to zoning.There is no question that the wl^le watching tours are educational^There are only four (4)areas in ^ich whales migrate and are accessible:Alaska,Hawaii, Califomia and Cape Cod Bay. Mr.John Kliirai,Chairman May 26,1982 Page 2 In a Marine Business.Barea operation of a commercial fishing business is a permitted use.Let us examine the word "fishing".When a group of Scouts.or an individual board the boat they are literally going fishing for whales.They are however,fishing for a species of fish or mammal protected by law.Since there is an educational benefit to all in this spectacle of thelargestlivingmammalinexistanceIcanonlyconcludethatnothingIhaveread states that fishing can only be done with a fishing pole. Therefore,it is opinion that the whale watching/fishing business is not in violation of zoning. JDD/gr cc:Town Counsel . Mr.Richard N.Marchand Peace, oseph D. Building Commissioner June22,1981SelectmenTownofBarnstableTownHall,MainSt.Hyannis,Massachusetts02601DearSelectmen:Iwanttothankyou andtheHarbor Masterinallowingmetooperatesight-seeingwhalewatchingtoursfromBarnstableHarbor.ThesetourswilldepartfromtheHarbor fromApril1sttoNovember1stof eachyearon adailybasisat6:00a.m.,10:00 a.m.and2:00 p.m..AsIpreviouslyinformed you, Iwillsupply adequateparkingforthepartronsofthetoursandinthe eventtheparkingcausesaproblem,wewillsupplya busservicefrom HyannistoBarnstableHarborforourcustomers.Verytrulyyours,OFFICIALWHALEWATCHINGOFPROVINCETOWNANDBARNSTABLE,MASS.RichardKullberg mARNSTJBLE HIGH SCHOOL 744 West Main Street HyanniSy Massachusetts 02601 Tdepho&e:775-2600 GUIDANCE DEPARTMENT NEW ENGLAND ASSOCIATKM Of CSliEKS A SEDONOARY SCHOOLS ESTA81J»1E0 IN 1885 6 May,1982 Mr.Joseph DaLuz Town of Barnstable South Street Hyannis,Massachusetts Dear Mr.DaLuz: I am writing this letter to outline my objectives pursuant to my role as Biologist for the Barnstable Whale Watch.I am a biology teacher at Barnstable High School and have always had an avid interest in whales.I have produced a 30 minute videotape on the whales entitled The Humpback:A Majestic Odyssey in conjunction with an advanced biology class.We filmed out of Provincetown. The educational opportunities surrounding a whale watch are unlimited for both the general public and the Town of Barnstable.My intentions surrounding my job include: a.The implementation of a program where student interns from the high school would serve as research assistants helping record data,photo graph,videotape,document location and record sounds of the humpback whales.The Science Department will partially fund this program.I am in the process of writing several grants to fund the other portion. b.Share data with other research institutions including Cornell Univer sity,Bridgewater State College (where I am a graduate student),and the Provincetown Center for Coastal Studies. c.Enlighten public awareness surrounding the delicate relationship that exists between man and the whales.Many would like to suggest that whale watches are adversely affecting migration routes and are forms of harassment.There is no evidence to support this and from my per sonal experiences with the whales I feel quite the contrary.I see more whales each season I go out and we (man)can only improve on the relationship that we have had.Guidelines set up by the Marine Mammal Protection Act will be strictly adhered to.My reason for being out with the whales is to increase my understanding of whales and boost public concern. I feel strongly that the Barnstable Whale Watch will add a great deal to the town. We have a unique opportunity and challenge having such access to a rare and endangered species.I hope we can take advantage of it. Sincerely, SE/cc Suzanne Ericson TOWN OF BARNSTABLE »•* ROUTIN^SLIP FROM:±.^XiCL... TO: /W O J ( ) Accountant ( ) Licensing Agent ( ) Airport Comm.( ) Natl.Res. ( ) Appeals Bd,( ) OCD ( ) Clerk/Treas,( ) Personnel ( ) Computer ( ) Planning Bd. ( ) Consv.Comm,( ) Police Dept. ( ) DPW ( ) Recreation ( ) Engineer ( ) Sandy Neck Gv.Bd. ( ) Fin.Comm,( ) School Dept. (_)Harbormaster (^)Selectmen Health ( ) Tax Collector (~)Housing Auth,( ) Town Counsel ( ) Human Service ( ) Veterans Serv. ( ) Inspector ACTIOfJ ( ) SIGNATURE:( ) I YOUft INFO:( ) FILE ( ) REMARKS By(DATE ) INITIAL & RETURN (_ READ &CIRCULATE ( 9y BARISTABL Town of Barnstable OFFICE OF TOWN COUNSEL 367 MAIN STREET HYANNIS.MASSACHUSETTS 02601 BRUCE P.GILMORE TEL.(617»-775 -1120 ROBERT D.SMITH i^ril 20,1982 EXT.128 NIGHT LINE AFTER 4 P.M. (6171-775-7570 Mr.John C.Kliitm,Chairman Board of Selectmen Tcwn of Barnstable 367 Main Street I^annis,Ma.02601 Dear John: Bet Question of Richard N.Marchand re Zoning Whale Watching Boat at Barnstable Harbor Bruce has given me your letter of J^ril 9th on the above matter. Mr.Marchand's argumsnt that the wording of the Business Limited District B section of the Bylaw,specifically allowing "Operation of charter fishing and marine sightseeing and excursion facilities",would be significant if that language were adopted siimiLtaneously with the language for Marine Business District B. However,the iirpo2±ant language was added under an article in the warrant for the Nbveniber,1978 town meeting v^iich focused exclusively on developEtient of Hyannis Harbor.A review of the minutes of the ^bate on that article reveals no reference to the effect of this bylaw on activities in Barnstable Harbor.Therefore,there is little,if any,significance to the specific authorization of marine sightseeing and excursion facilities,as applied to the situation in Barnstable Harbor. Thus,we are left with the interpretation of the language of the Marine Business District B section,on its own merits.A review of the minutes of the special tcwn meeting of Septentoer 3,1965,^vbich this section was first adopted,provides no insight into v^t town meeting specifically intended to authorize.In such cases,where the discretion of the Building Inspector is involved,I am inclined to refer the matter to him in the first instance for his review.I have done this,and he is looiking into the matter. It has ccsne to our attention that a meeting is supposed to have been held by the Board of Selectmen with the operator of this vessel.Joe will check into that and make a report to you in the near future. I trust this is responsive to your inquiry.If not,please be in touch. Sincerely yours. RDS:cg Robert D. Smith 200 Millwayt P.O.Box 137 Barnstable.MA 02630 April 8»1982 Alfred B..Buckler»Chairman Board of Selectmen Town of Barnstable Town Office Building HyanhiSf MA 02601 Dear Mr.Buckler: Re:Marine Business District B.,Barnstable Village and Whale Watching Excursion Boat I wondered if you would be so kind as to explain the rationale behind the granting of a license to permit a whale watching boat to operate out of Barnstable Harbor,a Marine Business District B.under the.Zoning By-Laws of the Town of Barnstable. As a Town Meeting Representative,Precinct One,a number of Village residents have expressed their concern to me about this operation and its apparent violation of the Zoning By-Laws. As I read the By-Laws,it seems quite clear that there are only four specifically permitted uses approved for this designated area and none of these is in the category in question,^his con clusion is reinforced when one notes that a specific provision for "Operation of charter fishing and marine sightseeing and ex cursion facilities"is written into the permitted uses in a Busi ness Limited District B.I understand that this change in the By-Laws to allow these activities was made sometime after 1975 since my old By-Laws booklet does not contain this language for Business Limited District B.It would seem,therefore,the intent of this omission from Marine District B.in this regard is purpose ful and the use in question is not permitted. Accordingly,^in view of the above,I would appreciate your explain ing the Town s action in this regard,in due course. Sincerely yours. / 1/ Richard N,Marchand, Town Meeting Representative, RNM:SMM Precinct One,Barnstable cc.John C«Klimm,Selectman June22f1981SelectmenTownofBarnstableTownHallfMainSt.Hyannis,Massachusetts02601DearSelectmen:Iwanttothankyou andtheHarbor Masterinallowingmetooperatesight—seeingwhalewatchingtoursfromBarnstableHarbor.ThesetourswilldepartfromtheHarborfromApril1sttoNovember1stofeachyearon adailybasisat6:00a.m.^10:00 a.m. and 2:00p.m..AsIpreviouslyinformedyoUfIwillsupplyadequateparkingforthepartronsofthetoursandintheeventtheparkingcausesaproblemfwewillsupplya busservicefrom HyannistoBarnstableHarborforourcustomers.Verytrulyyours,OFFICIALWHALEWATCHINGOFPROVINCETOWNANDBARNSTABLE,MASS.RichardKullberg 361 yi^ain Street,.^JJ^annis,^^aSS.0260/ TO:Bruce Gilmore, Town Counsel We would appreciate your comments on this April 9,1982 John C.Klimm / / Alfred B./Buckler,Chairman Board of'Selectmen Town of Barnstable Town Office Building Hyanhisi MA 02601 Dear Mr*Buckleri 2^0 Millwayt P«0»Box 137 Barnstablet MA 02630 April 8.1982 Re:Marine Business District B*,Barnstable Village and Whale Watching Excursion Boat I wondered if you would bo so kind as to explain the rationale behind the granting of a license to permit a whale watching boat to operate out of Barnstable Harbor*a Marine Business District B.under the.Zoning By-Laws of the Town of Barnstable* As a Town Meeting Representative,Precinct One, a number of Village residents have expressed their concern to mo about this operation and its apparent violation of the Zoning By^-Laws© As I read the By-Laws,it seems quite clear that there are only four specifically permitted uses approved for this designated area and none of these is in the category in question*'his con clusion is reinforced when one notes that a specific provision for "Operation of charter fishing and marine sightseeing and ex cursion facilities"is written into the permitted uses in o Busi ness Limited District B*I understand that this change in the By-Laws to allow these activities was made sometime after 1975 since my old By-Laws booklet does not contain this language for Business Limited District B.It would seem,therefore,the intent of this omission from Marino District B*in this regard is purpose ful and the use in question is not permitted* Accordingly,in view of the above, I would appreciate your explain ing the Town's action in this regard,in due course* Sincerely yours. RNMlSMM cc.John C,Klimm,Selectman Richard N.Marchand, Town Meeting Representative, Precinct One,Barnstable August 12f 1982 Mr.Richard N.Marchand 200 Millway P.O.Box 137 Bamstable,Ma.02630 Dear Mr.Marchand: This is in response to your July 30, 1982 request tliat I enforce the zoning bylaw with respect to the operation of a vtole watching boat at Bamstable Harbor. Specifically,you characterize the operation as a "commercial recreation use".It is ity qpinion that the use is not illegal under the Bamstable Zoning Bylaws. This area is zoned as ferine Business District B.The uses allowed in Marine Business District B include: a.Building,sale,rental,storage and repair of boats. b.Retail sale of marine fishing and boating supplies. c.Retail sale of fishing bait,fish and shellfish. d.Operation of a camercial fishing business excluding conrterical canning or processing of fish. Prior to 1965,it is rr^understanding that the area in question was zoned for general business.At a Special Town Meeting on September 3,1955,the zoning was amended to the form it is esser^^iily in at the present time,with the exception that restaurants once permitted by special permit are no longer allowed.reading of tefij minutes of that Town Meeting indicates to me that it was the intent of the Town Meeting to authorize the uses vhich were taking place at that time in Bamstable Harbor.One of those uses then,and in the recollection of others for a long time previously,was the operation of charter boats.The material iirpact of a charter boat operation,as I see it,is that patrons arrive in tlie area,park,pay a fee to go aboard a boat vhich then departs for a period of several hours,returns and discharges tlie patrons vho thereupon return to their veb-icles and leave the area.I can make no substantial logical distinction between the charter fishing boat operations and the \«iale ^^atching cruise|s to which you object.Indeed,your characterization of this use as "recr^tional"would apply no less to the charter fishing operation,for I believe that it is clear that most,if not all,of the fishing which takes place on the boats is primarily recreational in nature.I do not believe that the zoning bylaw should be read to prohibit a use which in its seaward aspects,involves ttie capture of the images of marine creatures by sight and on film and permit a use which involves the capture of fish vTith bait and hooks. Please be advised -bhat I have recently ascertained that tiie dancing and moonlight cruises which had been cm^ucted aboard the "Atomic II"have been discontinued.That type of us^I believe,xrofeSi be prohibited by the zoning bylaw and I have infonred the operator of the easa^se-to this effect. 'V-iK CLERK ^^of barnstable iz i ..»-1 PH12 SfflDning Board of Appeals Cape Cod Seaways,Inc. Property Owner Richard N.Marchand Petitioner Appeal No. —I.9.82.-6.Q Deed duly recorded in the County Registry of Deeds in Book Page ,Registry District oi the Land Court Certificate No. September 29 ....1982 FACTS and DECISION Petitioner filed petition on „Ay.g.U.§JL-2.4.19B2 ^ requesting a variance-permit for premises at .2..Z5....I^liHw.ay.,in the village (Street) •of ,adjoining premises of (see attached list) Locus under consideration;Barnstable Assessor's Map no.lot no. Petition for Spei iai P<'nnit :Q Petition for enforcement action * Application for Variam c:•made under Sec of the Town of Barnstable Zoning by-laws and Sec..7.j..8„.§...„.^.„..P..f Chapter 40A.,Mass.Gen.Laws for the purpose of Whale•Wat ching.Qperatlnn rnnditrrprt from Barnstable Harbor^_ Locus is presently zoned in ]Mai:i.n.ei...lLusiiies.s...I)±s.tri.ct....B.... Notice of this hearing was given by mail,jtostage prepaid,to all persons deemed affected and by publishing in Barnstable Patriot newsjuiper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Buihling.Hyannis,Mass.,at .8l.Q0.ISXM.P.M._S.§.p.t.€inb.ex.„9 19 82 , upon said petition under zoning by-laws. Present at the hearing were the following members: Acting Chairman Gail Nightingale Helen_Jjir.tanen., At the conclusion of the hearing,the Board took said petition under advisement. A view of the locus was made by the Board, Appeal Nn Page —of -A, On September 9 19 A?.—,The Board of Appeals found Mr.Marchand presented his appeal for enforcement action on a decision of the building inspector to allow a marine sightseeing excursion boat facility at Barnstable Harbor in a Marine Business B zoning district.Mr.Marchand read aloud the correspondence from the building inspector and explained the efforts he had made to get a decision on the legality of the whale watching boat operation that has operated from Barnstable Harbor both this summer and last summer.Section K. Use Regulations -Non-Residence Districts,paragraph 3.Business Limited District B.subparagraph h.allows "Operation of charter fishing and marine sightseeing and excursion facilities".This district is in the Ocean Street area of Hyannis. Section K.Use Regulations -Non-Residence Districts paragraph 6.does not allow this type of use since it is not provided for in a Marine Business District B. which is the zoning area for Barnstable Harbor.Both the building inspector and the town counsel have disavowed this use as educational.The building inspector in his letter to Mr.Marchand,compared the marine sightseeing use to "fishing without a pole"and Mr.Marchand is not in agreement that fishing can be done without a pole and conform to the uses permitted in a Marine Business District B.The build ing inspector referred to the minutes of the special town meeting which voted the Marine Business District B and told Mr.Marchand that it was the intent of the town meeting to allow this type of whale watching use.Minutes of the special town meeting adopting the MBDB were left with the Board by Mr.Marchand.The petitioner stated that he is an aggrieved party within the meaning of Chapter 40A.,Mass.Gen. Laws and this illegal use has created parking problems,noise,confusion,diminution of property values,and interference with the quiet use and enj03nnent of his residential property.Mr.Marchand said that as a town meeting member he is concerned that a use not permitted under zoning is being conducted without enforcement action on the part of the building inspector.There is a grasping at straws to justify this use in the Marine Business District B zone and Mr.Marchand said that zoning changes should only be made by town meeting and he is aggrieved by this violation of the zoning by-laws and by the refusal of the zoning enforcing officer to take action by enforcing the provisions of the zoning by-laws. Mr.Richard Kullberg,owner of Cape Seaways introduced Mark Robinson of Ocean Street, (continued) I,,Clerk of the Town of Barnstable,Barnstable County, Massachusetts,hereb}'certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this penalties of perjury. Distribution:— Property Owner Town Clerk Applicant Persons interested Building Inspector Public Information Board of Appeals day of 19 under the pains and Board of Appeals Town of Barnstable By™ ._^-^hairman ZONING BOARD OF APPEALS Appeal No.1982-60 Page 3 of A his partner in the operation of the whale watching boat.Before starting this use at Barnstable Harbor,they were told by the harbormaster that the use was permitted;they contacted the neighbors and Faith Cummings of the Barnstable Civic Association and all agreed that the whale watching from Barnstable would be a good thing.After they had operated the boat for some time,they again contacted the Selectmen to see if there were any complaints on this operation and were told that there had been no complaints made.The necessary permits were obtained from the Coast Guard and Mr.Kullberg said that he had made every effort possible to secure the matter before getting his investors involved in this project.Parking spaces were leased from Deane Lawrence and parking attendants are employed to see that there is no illegal parking.The boat has made some evening charter trips but those have now been discontinued.A list of the groups who have used the whale watching excursion boat was read aloud by Mr.Kullberg.The marketing agent is Richard Scudder of Hy-Line Boat Excursions.A different boat than the Atomic was used last summer,the Atomic was used this summer and has now been re placed by a smaller boat called the "Mystery".They are planning to have only one whale watching trip a day after September 18th and there is no fishing done from the boat.Liquor is served and a liquor license was obtained from the ABCC out of Boston.The food sold and served on the boat is snack type food.It is estimated that less than 5%of the boat passengers have alcoholic beverages. Susan Erickson,a biology teacher at Barnstable High School explained the studies she had done on the whales and the educational benefits of the whale watching operation.She is an employee of this operation and a research internship has been established for Barnstable High School students as a result of the whale watching operation.Mr.Richard Scudder,president of Hy-Line explained his long history in the town of Barnstable and said that he knew of no instance in which he or his family had caused detriment to the town.There are twenty jobs involved in the whale watching operation and if they hung poles off the rear of the boat they would be in compliance with the zoning in the harbor.About thirty cars arrive and depart for one whale watching trip.Mr.Scudder said that there would be no evening charters or inappropriate use of the whale watching boat as long as he is involved with this operation.This business has been in use for two years and they were told that it is an allowed use. Basil Edwards said that the zoning by-laws should be upheld.James Kittredge,a cottage owner at Sandy Neck said that this is nothing more than an excursion boat with loud speakers in operation as the boat leaves the harbor and the use is detrimental to the area. Mr.Marchand said that Faith Cummings was told this was a "fait accompli"situation. Mr.Kullberg should have been advised that this was not an allowed use under zoning. Mr.Marchand sent a letter to the Selectmen which was not answered for seven weeks and this accounts for his delay in filing for enforcement action. (continued) ZONING BOARD OF APPEALS Appeal No.1982-60 Page 4 of 4 Mr.Kullberg said that his attorney is Gerry Gamick and they had gone to all of the proper authorities for permission to operate the boat.They have been in operation long enough for someone to take enforcement action before now and he is willing to make this use educational only. The matter was taken under advisement and the hearing closed. The Board found that whale watching from an excursion boat with paying passengers and the serving of alcoholic beverages and food is not a permitted use in the Marine Business District B area of Barnstable Harbor.If at the time this area was zoned Marine Business District B by town meeting,and an excursion boat operation was intended as an allowed use;the wording used in Sec.K.,paragraph 3.,sub- paragraph h.(Operation of charter fishing and marine sightseeing and excursion facilities)or words of similar import would have been included in the description of allowed uses.In the absence of such wording for the Marine Business District B zone;the Board can only reasonably conclude that town meeting did not intend that Barnstable Harbor,which is accessible through a residentially zoned area, have as a permitted use,excursion boat facilities whether used for whale watching or any other type of marine sightseeing.The Board instructs the building inspector who is the zoning enforcing officer to take action so that the illegal use now existing by the whale watching excursion boat facility be terminated.The Board*s vote to take this action is unanimous as required under Sections 8 and 15 of Chapter 40A., Mass.Gen.Laws.