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0030 PERSEVERANCE WAY (2)
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Department of Health Safety and Environmental Services " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner November 30, 1995 Ms Maggie Gilmore Attorney At Law 35 Route 134 Unit#3 South Dennis,MA 02660 Re: C&C Auto Sports 30 Perseverance Way(Unit 1),Hyannis,MA Dear Attorney Gilmore: After a thorough review of the history you supplied of the uses at 30 Perseverance Drive,I can now render this opinion on the grandfathered use of Unit#1. This unit is currently occupied by John Viera,owner of C &C Auto Sports. Mr.Viera has asked that we look at the new information supplied by him to make a determination as to his use. It appears that his use is preexisting non-conforming and,as such,has limited grandfathered rights. In conjunction with the owner's attorney,the following language is being agreed to as to the extent of the intensity of that preexisting non-conformity: The scope,intensity,and general practices of the existing non-conforming use at Unit#1,30 Perseverance Way historically has been general boat and automotive engine,motor,and body repair and shall remain as is as follows: 1). The scope of the use shall continue to consist of general automotive repair and retail. a) General automotive repair consists of activities concerned with general automotive care and upkeep such as engine repair/rebuilding,repair of electrical malfunctions,engine tune-ups,oil and tire changes,general touch up work,replacement of batteries,and the like; b) The retail activities shall be related to the general automotive care and upkeep and shall consist of such items as batteries,tires,automotive mirrors,necessary parts and the like; 2) The intensity of the use shall continue to consist of repair and general care and upkeep of 10- 12 automobiles per week: Q951130A Ms Maggie Gilmore November 30, 1995 Page 2 3) The existing practice of not storing automobiles outside overnight shall be a requirement of the continuing non-conforming use. Sincerely, Ralph M.Crossen Building Commissioner RMC/km �� � �. Q �� �� �n �� U, eza o�� � c a� � � � . �v �� l�� ��y�, f ������ Maggie Gilmore Attorney,at Law General Pr in Environmental Law ` 27 November \1,995" } Mr. Ra 17ph 'Crossen Building.'Inspector/Zoning Enforcement :Officer' Town of Barnstable: Town Ha 1 l: . 367 Main 'Street Hyannis MA 02601. RE: ' Continuation of Nonconforming Use C ,&, C Auto Sports Y. r 30 Per.serv'erance Way,', Un i:t .#1 Hyannis, MA :Industrial Zone, I Dear" Mr. Crossen: - I have .be'e'n retained" -by Mr . Jonathan Vie.ra, sole ,proprietor of C & -C. Auta"Sports located at the, above referenced -address, i6 Independence Park; in .Hyannis . He� has retained '' ',to :work with ,, you in your capacity as Zoning Enforcement Officer towards.' seeking- resolution of an issue ..arbitrarily raised �by' Mr."�Chris Snow, Plumber, Mr. David 'Holcomb, Plumber and 'Mr: Ray `LaFleur; Electrician (,"the parties") also of 30 Perserverance`Way; ' concerning Mr. Viera ' s".continuat'ion of the nonconforming: use 'established for Unit . #1 :.which, he has re.nte'd'.' The parties contend that Mr Viera should be issued a,- cease and 'desist. ,order and .be evicted from the unit- for ' conduct•"ing an automobile retail. and repair. business .. My client 'contends ,that ' h' is conducting a . lawful nonconforming use. in un-it #1:. BACKGROUND In March of 1994 Mr. Viera was. looking to. relocate :his automobi le,,retai l and •repair„business 'from 41D •Bodick Road.. The former.-Building Inspec.tor/Zoning Enforcement- Officer suggested at' that- time that he investigate�.the availability . of his present. location in the industrial - zone because . the''historical nonconforming: use of the',site was suitable to Mr.' Viera ' s''retail and. repair':,business, Other-;than the use _,by the .Yield House of .. New Hampshire from 1'980 - 1985 .anal by. Cable `Productions from `1"991 1992 the site 'has . been- use.d for the maintenance and repair of engines and motors of --motor' vehicies" and boats, and for..body work ' on. boats _ (For 'detaias please, see the. attached: letter addressed to `me' from the -bui ldi'ng ;owner,. Mr: James :Burke dated November 20; 1995 )In conformity with..Mass General -Laws 'chapt-er. '110,, S5,;:on October '1, 1992,; .Mr-. ;tli'era obtained "a business-11cerise 35 Route.134; Unit#3,South Dennis, MA 02660 Phone:,, (508) 394-6014 ' Fix: (508) 398-,,4057, . ,. • - ' . 1, . a F. certificate for C & C Auto` Spor.ts for automobile repair to be conducted at the 41D• Bodick .Road .site . This certi'f'i Cate�-`for - automobile repair was signed='by 'the offices of the. Licensing Authority, the, 'Building Inspector,- .and the' Board of. Health Inspector- - On. April .22, 1994- -the license certificate -for automobile repair `was transferred,' from' the' 41D B.odick',Road -site- to 30 Independence*'•Way,. Unit #1- in Independence-.Park.. It, was again signed by the',of f ices, of the Building Inspector ,and; the Board of Health '_Inspector,- The issue of continuation ,of :a nonconforming .use was; raised• when a• complaint was f i l e_d, by the. part ile,sil concerning ,the type o f -.business conducted by Mr: Viera. This complaint arose `fohlowng. the eviction of.Mr. ,Austin Zi.pp from ,Unit '# 5, ;30 Perserverance Way on August '31;, 1995 .. Briefly, Mr:`- Zip.p had, rented unit 45 in July of 1995 ,from Mr. James Burke - (Burke} , 'the 'land.lord" for• the purpose, of. storing ,motor vehicles. While in:'possession .of the property--Mr Zi:pp conducted, automobile , repairs: in .�violation of his agreement with -Burke. -He, .was also in vi'ol;at`ion of• the Zoning . ,By-law of-the Towne-of Barnstable .,for :c.onducti'ng a ,`prohibited' use in unit 45. Previously, the unit had ,been used._ for, light manufacturing and business adm'inistration.r As a, result',. 4 cea_se and desist order was issued and he• was required' to vacate th:e premi-ses . ,' The 'day after 'the .-order was issued Mr. Snow,'and Mr:" Holcomb allegedly complained to'.youi office that 'Mr.. Vieta ' s auto . repair business must also .be. -in violation.'of •.zoning-,and. he should therefore -al'so be .evicted. From the , onset, of his -tenancy in, April of -.1994, Mr. .Vier.a . " had not• .to that date`, had, any 'problem_ with .or complaint from Mr'.. Snow. He" had, ' however, :had- discussions with Mr: Holcomb- and Mr.. haFleur concerning the'i:r .us.e o.f -the park%ng spaces: :in front of:• his building unit .' .-They :had been using the spaces directly in, front of 'my c 1 i;ent ' s unit '.rather than' the spaces, provided- in front .of their unit and were, thereby.-blocking ;his, entrance .'and :- -his ign. : They had also parked their trucks 'in the back of the,; bui lding. so that Mr`., V•iera could not gain acces's to his, unit through his rear ::door; Though he ..had .asked them; during those conversations 'to please refrain from. using the-. spaces '`and -blocking his buil.di;ng, they often continue to do so. These., arbitrary`act'ions by., 'the .parti:es notwithstanding, Mr. Viera, had every- reason to- believe that -his business. had- been relocated to: the present. site with the knowledge and. support .of the Town; Officials and 'iri full, compliance `with- the applcable-- laws-.,.. .He relied upon'.this .fa'.ct and had every' expectation that he ° r` and .;in the•, could--continue: to 'conduct, ,his -business. in the. marine., . way, in which" he, was..accustomed In this reliance he expended funds to establish his business and conducted same without' incident from Apri 1 22., `-1994` unti l Mr'. ',s•, Snow `and Holcomb complained- to your office seventeen (17); months ; later: Mr. Viera has 'conducted ,h-is busi,ne.ss in a business Like-; workmanlike' manner in accordance with the license duly ,granted to` him _by.- the -Town- of Barnstable . In` conducting ,his business from Apr i1 ,, _1994 to_, ; September, 1995 he , had never- had -la complaint' from nor created any problems for his ;neighbors. It is understandable, therefore, that Mr' Viera, feels :than his bus .ness,-has been ,arbi:trari ly singled, out by the parties ih- thedi- 'comp.laint to- your 'office . He believes the complaint. is without merit and• -that. be is conducting a lawful business which ,i's "a lawful .continuation; of a nonconforming use established at ,30 Perserv,.erance.Way, �Uftit #1-_ in STATEMENT :OF. LAW ANDI_REASONS , Both`the ' state zoning 'enabl.i,ng statute and the:. Zoning' By-Laws ' of. the Town of -Barnstable address .the issue of nonconforming. uses . I.n -pert inent• part, the statute states : a zoning ordinance or by-law sha-ll . not apply to uses lawfully. iri existence or":.lawful,ly, ,begun bef-ore, the first _publ i,cation of": notice of" public -hearing on such ordinance or by-•law as required- by ' section 5, but,--sha l l app ly"to.,ariy "change or 'substant i a l extension of , such use, to"any reconstruct"ion, extension or .structural change of such-structure -and 'to any' a 1 terat i on of-, a structure begun•''after ,the f irst w notice of sa id pu bJlc he aring =to , rovide for -its use -d`if f rprpose or for. the same ',e',for a substantially tu purpose in a' substantial,ly different manner or to: a' substantially °J reater extent. G .L. c.. 40k; .�6 (West 1,994" .. Cum. Ann: PocH. - Prt ., 1995) Likewise, the Town. of .Barnstable- By. Law, states.: b " [a) ny lawful . building, or'.any , lawful`,use of. a building or' premises; or 'part thereof, ,.existing. at the time„the„ zoning' ordinance vas originally adopted in the area .in ,which such building or use is •,located, may -be continued, although such buil.ding .or,use: does not, conform to the provisions hereof . , .Town of Barnstable ..Zoning'By-Law, .S 4-4. 1; (.199.5) According to -,both documents .'lawfua, nonconformin'g uses existing when the by=law �was adopted or amended; are. afforded protection: from aprplication of the by=;Law and have a 'qualified right to, continue . In addition, .the right ',to. continue a -nonconforming use is not confined to the .exist.ing user, but rather."runs with" the land (Derby Refinincf, 60 .- v::` City of ,Chels.ea,; 401 Mass .. 703 (1990) ) and is. not personal to ' a particular 'owner,,.. (City of Revere v. , Rowe. Contractincr Company., 36.2 Mass . 884_ (1972) ) , In the process of determining whetherra -`use -not expressly authorized under an applicable toning ordinance or by-, law was ,protected and ,,could continue the' 'courts have developed " . . . three tests, for_de-termiriing whether current ,.use of :[a) , property fits within the exemption granted for nonconforming- uses: (1) whether the ' use re'f'lects the nature' and purpose ' 'of the use prevailing -when ,the zoning .by=law took effect (2) whether there is' a difference, in- the quality- or., character, - as' wel'1 as the degree t.of use (3) :whether the -'current use is 'different, i n, kind in'. its effect in, the neighborhood' . . " (Powers .v. � Buil'dinc Inspector of, Barnstable, :363 Mass . :648 (1973) ) . The structure- housing the unit rented by Mr. ' Vi.era 'was 'constructed in- an' industrial 'district zone dn` 1980 .-, Thee permitted uses,',in the industrial districtzone -include any use permitted in .the business district zone . Such uses ,are .retai1 trade services, and' gasol,ine' a-nd, oil -fi1.1ing:'sta.tions and garages . As stated: previously;'-' automotive and boat engine motor and body repair-- businesses ,(e .g. 'garages) have historically been conducted in unit. #1 . (By_ ,contrast,. unit #5. was. used 'for' l fight 1 manufacturing and administrative services : ) These uses lawfully began in 1986 when' Luxury used the -unit through `1988 to `maintain, repair, and. park (,store) .-its 1imou:ines_w1i ch, were then rented for use by tithe public,. In 1989 the. engi.pe, motor.,- andr body repair, was lawfully, 'continued- when Boat s,."Inc .. rented. the unit -This is -'significant,-because.,on, Novembe ' 7; 1987, the. Town Meeting ,adopted .an amendment ,_to the zoning, by-law creating Groundwater' Protection Overlay Districts ( "GPOD" ). over"laying those zoning districts already',,in-.existence:: : Regulations were included within :the- GPOD amendment .which- establ -shed. prohibited .• uses for each, of the districts. created The- .GPOD effecting the industrial disitrict -zone' within`which .30 Perserverance Way is located -had 'specifically prohibited boat,• motor vehicle, and air-'craft.` .serv. ce and repair. (Town ,Warrant Zoning Article, 2, November 7 ' 1987., amended November 4' - 1989) TY e use of, the . unit for -boat; eng-ine-, motor and body .,'repair was al'.lowed` as a"protected. noncon-forming :use in 1989. because. Luxury- Limo had used the . unit ;,for engine,. motor and -body repair before- the adoption of the,. GPOD amendment to, the 'zoning,.by-law, in.'1987. The use of the- unit "for `engi.ne.., : motor. a.nd body .repair ',was protected as a .c:ontinuing- nonconforming use : (As :stated previously however—this was,_not-the ease with.. unit #5 .,) It was therefore apparently determined:`such_use :reflected the nature and purpose, of the ,use prevailing when the' by-,law_'went into effect . in 19$7; ;that no change' in the =quality,> character or degree o.f; use was deterrii-ned; and- that, the. use, was .riot. different din, kind -in'..its effect .on` the neighborhood',. - Indeed', .'when`,Peter.:-Mason ,,Boat~,Repair' replaced .Cable, Products in :1992,. `there .was a 'lawful continuation of the 'lawful nonconforming-engine;, mot-or, and body repair use because such use had not lapsed for' a p,eri'od• of 5 years, . the town ordinance key determination period , for non-reestabli'shment. of a' formin_ protected- nonco n g use; ` (Town, of Barnstable; Zoning" By-law , S 4-4.4 (1995) ) Mr'..- Viera' s :us.e of, the 'unit -is not a change from or substantial extension ,of. the, protected previous nonconforming use.:. _ After, verifying• the, existence of the .nonconforming use with - the :former_ zoning enforcement- officer and properly' transferring -his- previous'l.y granted 1 icense,, 'Mr Vierar took oc.cupancy.,,of the , , .- unit in April, of 1994. .; _He :did so with the benefit, of . the protected nonconforming use ..attributed to the unit:: 7Applic:ation .of the facts of Mr. Vi.era ' s -situ ati oh--to: each of -the three tests enumerated, in Powers substantiates the- Validity of -the: continuation of . the nonconforming use (1) His use of the `unit for hi's automobile.retail `and repair business reflects the nature: and .purpose 'of the motor. , vehicle repair and maintenance service in, occupancy`;when` the 1987 'Article, was adopted` as ,wel l as with that of Boats; Inc . , and. Peter Mason Boat Repair; (2), His. . automobile retail and repair business does not represent a difference in quality,' character ,-or. degree of, use from th& above ' . mentioned businesses but. rather represents a: continuation' of the - same;,, (.3) His current- use :of,,. the', unit is,not ' diff6rent' in kind'• in its effect on . the. n"e.ighborhood from that of the original and : subsequent uses for- it r.eprese,nt-s a continuation, of the nonconforming use:. .-He is 'a.` sole ,,proprietor conducting .the same- kind of engine and- motor ;r"epair business'; . and 'thereby;'does .not effect the environs differently . than did his predecessors : As `Mr. Viera -had been, told.. about; the` existence of,' his current location because` 1 its historical nonconforming: use by the previous build- ng inspector./-zo.ning enforcement officer. and his relocation was,,approve- d by various .town offic.ials,, hi's , expectation .was understandably that he was relocating under the protection.,.of the' law: `As: previous engine and", motor •repair ., businesses, had ..been ap'proved. as contnuing :nonconforming uses -by the proper official , the ;uses were colorably:-wi.th.in `the exemption , applicable to nonconforming uses .' In.relocat'ing, arid 'establ'ishing his business in un%t #1 , Mr. Viera relied upon.' that historical interpretation and, applicatdon as to the. preior •nonconforming uses in that . unit : " [I I t would be unjust and; unreasonable' to,,upset: the informal .decis;ion of the ,„enforcing' officer' (because of an arbitrary complaint) by owners ' of other property , in the neighborhood. (Chi1son v.' Zon'incr.Board of Appeals.- of Attleboro; 344 Mass . , 406= (1962) (parens', added) ) . CONCLUSION Mr'. Viera', ,sole roprietor of C. '& C ,:Auto Sports-, a motor P A vehicle _retail, and repair business, has relied upon- and , acted wit the advice of the Town- of'.Barnstab-le and'her employees, .:and has. 'abided by and acted within the, laws -of the, .Town .as applied .to' 'him. • ,,The- service_ which he : is' providing _the publ i-c-..i,s one ,which, has historically been provided to the' public as• a' lawful nonconforming business use from the unit which his business now, occupies 'at 30 Perser-ver-ance ,Way, `Unit #1 . Since -it, was in-itiated in ,1986, the, nonconforming use `has. been with the unit,; as i I t predates the 1987 zoning amendment,-" it is.'.exempt from app1ication. of '.the amendment . The 'historical,`dec.is 2 ons "o.f- the town officials responsibl;e fo.r interpreting and' enforcng the zoning by-law- and approving T,ic-ense ,grants- which led ;to .Mr. Viera' s reasonable -expectation that, he cou'.ld �corduct his , lawful bus.iriess ,. lawfully-and in-,'peace in ,the location- where ;he now, res ides'_ shoul d 'not.-be a 11 owed to be overturned_ by: the ,'f i'l i ng- of an arbitrary and gr,oundless. ,complai,nt , based upon an ,unrelated eviction, whi'ch' is 'attempting to -'destroy' the lawful nonconforming engine, motor` and,. body repair use now� existi-ng ,at •30 Perserverance 'Way, Unit #1 . As.4Barnstable' s, .current Zoning, Enforcememt_ Office,r,, it ` is wi,thi.n your, jurisdiction':to -interpret 'and apply the zoning by-law to`.the facts as -presented Mr. Viera• asks that you,. in -your• capacity-as zon,ing_,enf.orcement ,,,off icer.; review his ,materials favorably and uphold his continuation of the existing 'historical nonconforming use in' Unit #1,,' 30, Perserverance Way Respectfully ' submitted. Jonathan Viera, By. his Attorney.•. MAGGI ILM BBO#•156'0378,: ' 35''Route 134, Unit #3 = South Dennis, ' MA - 02:660- (5,0.$) 394 - 6014 Enc . Letter :of, Burke, dated-November '20; 1�995,_ with' attachments- ' Barnstable Zoning-.Map Legexid, 4 14-95 Barnstable -Map Industrial Areas 4-14-95 NOV=29-95 WED 12 :21 R :T OHEARN PLS RSP 508 399 4057 P. 01 MAQQ I 011.�0RE Attorney at Law 35 Route 134 south Dennis. MA 02660 (508) 394 - 6014 FAX (506) 396 - 4057 FACSIMILE COVER SHEET A FAX #: DATE; FROM: - _1-16410f ���� Q/ ' C TOTAL NO, OF PAGES, INCLUDING THIS PAGE: If you do not receive all pages or have any problems with receiving, please telephone or fax immediately. ADDITIONAL INFORMATION OR SPECIAL INSTRUCTIONS: 164 The information transmitted by this facsimile is considered attorney privileged and confidential and is intended only for the use of the individual entity named. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver unto the intended recipient , you should be aware that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by the telephone, and return the original message to us at the above address via the U.S. Postal Service. Thank you Unit 1 - 30 Perseverance Way 11/18/95 - Phone conversation with Maggie Gilmore She spoke with her client. He does "general repairs" - i.e. blinkers, horns,tune-ups, tire fix, oil changes (recycles all oil. Has receipts.) Does 1 or 2 full engine overhauls a month. Same as was done in the past. General repair accounts for about 70% of his work. Does approx. 10 cars a week. No outside storage of vehicles overnight. His yard is clean. Abutting yards are not. 30%of his work is retail - i.e. selling tires or batteries or wiper blades or mirrors -then installing them. Does no painting other than match-head touch ups. He does sand and prep cars for painting - but does not prime. Detailing - if you mean clean up, spiff up work. Not generally. He works more like Luxury Limo did. Historical Info This is covered in the attached letter: -- �S'���5 p� � boy 1'10S5--> Peter Mason-the most recent business did boat repairs. Engines and motor repairs and body work. The boat outside now belongs to Peter Mason. John hasn't been able to track him down to remove it. Boats Inc. -rebuilt boat engines and did repairs. Like John's work- only moreso. Did fiberglass body work. Luxury Limo - Did engine repair,paint& cleaning of it's own vehicles. Owned 12 - 13 vehicles. Maggie will call back around 3:15 today if you have any further questions. t NOV-29-95 WED 12 :22 R J OHEARN PLS RSP 509 398 4057 P. 02 Maggie Gilmore Attomey at Law General hac iW5pecWizing in,FnvIrOnmental Law DRAFTDRAFATDRAFTDRAFTDRAFTDRAFIDRAF"TDRAFTDRAFTDRAFTDRAF"TDRAFTDRAF 29 November 1995 The scope, intensity, and general practices of the existing nonconforming use at Unit #1 . 30 Perseverance Way historically has been general boat and automotive engine, motor, and body repair and shall remain as is as follows: 1) , . The scope of the use shall continue to consist of general automotive repair and retail . a) . General automotive repair consists of activities concerned with general automotive care and upkeep such as engine repair/rebuilding , repair of electrical malfunctions, engine tune-ups, oil and tire changes, gere+ral touch up work, replacement of batteries, and the like; b) . The retail activities shall be related to the genera.l . automotive care and upkeep and shall consist of such items as batteries , tires, automotive mirrors, necessary parts and the like; 2) . The intensity of the use (shall continue to consist of repair and general care and upkeep of 10 - 12 automobiles per week; 3) . The existing practice of not storing automobiles outside overnight shall be a requirement of the continuing nonconforming use; 4) . The existing practice of providing for the proper and environmentally, safe use, storage, and recycling of automotive parts and products shall be a requirementt of the continuing nonconforming use. P.S. Ralph I am not certain that zoning can enforce 44 in this situation, but thought T would include it as it does represent my clients current practice . . . . . . . . 35 Route 1.34,Unit#3,South Dennis,MA 02660 Phone: (508) 394-6014 FAx, (508) 398-4057 .r. 7j, Stoneware Nominee Trust P.O. Box 242; n n n a Hyannis , Ma 02601 November 20 , 199 . Maggie Gilmore 35 Route 134 Unit #3 So, Dennis , Ma 02660 R.r.- Occupancy at Unit 41 30 Per'ser'varrce Way , llyarrrris , Ma Map # 295 , Parcel # 907 .00A Registry of Deeds Boob # 8089 Page # 093 Dear Attorney Gilmore: l have been the owner of the above referenced property since 1980 . To the best of my recollection the following occupancies have occurred in 30 Per'ser'ver'ance Way , Unit #1 = 1980-1985 Yield House of New Hampshire During • 1 , 1 I ur ing this periodthis space mentioned above was , n , a n I_Ise(1 for tree manufacture and storage of furniture. 1986-1988 Luxury Limo During this period of time this business used this space for automobile engine repair and storage . nnn inn t 198_f- 1 990 Boats , Kee While occupying this space, this company performed general repairs to boats ( i . e. body and engine work) . 1991-1992 Cable Products This space was Ilsell for the manufacturing of various types of cables. � n n A � 1993-1994 Peter Mason Boat Repair During their occupancy this company used the space to perform body and engine repairs to boats . 1994-Present C iv. % Auto Sports . , l 1 This company currently,y utilizes rree space for automobile products and accoutrements retail and repair . To the best of my knowledge, the current tenant , Jonathan V i er•a. of C & h_ Auto sports has conducted his business according the attached automobile repair license signed by the Licensing: Authority Office, the Building inspector ' s Office , and the Board i of Health inspector and granted to him by the Town of Barnstable on October 1 , 1992 and the signed and approved change of business n dated , n .u' n , , location form dated April 22 , 1994 . All of this information has been previously given to the proper authorities in March of 1994 L� ri a M , wrieri Mr• , Vier'a was applying f r,r' air on his respective perm itti _ 1 have rrri problem wrra_i !:gever• i-r hi con tinuifig: i (t c_o-i[iirci triti c.ur•-•e-tt aLtto retail a.rrci r•er)air vtsir-ess or• will- tifer'e l)einff art autoltimbile retail a-Icj rer>air busi--ess ire rlry Ill_ j(IiFill'. ` 1 you -rave any ur thee (meti t ions concerning t his Ina t er• !)lease do not hesitate to contact r_rre at ( 5tM)-777 -6-3 Ci 7"jamies M. $irr•rce. 'Tr•us t ee S I -mewa.r•e Nominee Trust BUSINESS CERTIFICATE TOWN OF BARNSTABLE s� z639. '�tQ �Y►� MASSACHUSETTS IN CONFORMITY WITH THE PROVISIONS OF CHAPTER ONE HUNDRED AND TEN, SECTION FIVE OF THE GENERAL LAWS, AS AMENDED, THE UNDERSIGNED HEREBY DECLARE(S) THAT A BUSINESS IS CONDUCTED UNDER THE TITLE OF C & C Auto Sports AT (ADDRESS) 41 D Bodick Road Hyannis, MA 02601 BY THE FOLLOWING NAMED PERSON(S) : (INCLUDE CORPORATE NAME AND TITLE, IF CORPORATE OFFICE:' 1 FULL NAME RESIDENCE Jonathan Viera 47 Beverly Rd. W. Yarmouth, MA 0267' SIGNATURES: ON Oct. 1, 1992 THE ABOVE NAMED PERSON(S) PERSONALLY APPEARED BEFORE ME. AND MADE OATH THAT THE FOREGOING STATEMENT IS TRUE. TITLE Clerk IDENTIFICATION PRESENTED: OTHER IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 337 OF THE ACTS OF 1985 AND CHAPTER 110, SECTION 5 OF MASS. GENERAL LAWS, BUSINESS CERTIFICATES SHALL BE IN EFFECT FOR FOUR YEARS FROM THE DATE OF ISSUE AND SHALL BE RENEWED EACH FOUR YEARS THEREAFTER. A STATEMENT UNDER OATH MUST BE FILED WITH THE CITY CLERK UPON DISCONTINUING, RETIRING OR WITHDRAWING FROM SUCH BUSINESS OR PARTNERSHIP. COPIES OF ,SUCH CERTIFICATES SHALL BE AVAILABLE AT THE ADDRESS AT WHICH SUCH BUSINESS IS CONDUCTED AND SHALL $E FURNISHED ON REQUEST DURING REGULAR BUSINESS HOURS TO ANY PERSON WHO HAS PURCHASED GOODS OR SERVICES FROM SUCH BUSINESS. VIOLATIONS ARE SUBJECT TO A FINE OF NOT MORE THAN THREE HUNDRED DOLLARS ($300.) FOR EACH MONTH DURING WHICH SUCH VIOLATION CONTINUES. CERTIFICATE EXPIRES Oct. 1 , 1996 Book 172 Page 103 t. I certify under the penalties of perjury that I, to my best know and belief, have tiled all state tax returns and paid all state required under law. igr}ature o n ivl ua —LE or C`o"rporate Name (Mandatory) BY: orPorace Officer (Mandatory, if Applicable or Federrl Identification Number ' This license will not be issued unless this certification Claus signed by the applicant. '•' Your social security nuaber will be furnished to the Maasachua Department of Revenue to determine whether you have _ Payment obligations. Licensees who fail. to correct their nonin9 or �-�delinqueney will_ ba subject to license suapension or revoeation line request is ,made under the authority of Mass. G.L. c. 62C s. 4 A. :�-ee 'aid Received and rcoc ded at the abrl/v ti c, of °haTown Clark, 1'olnn c.t \ '13 page S-i 3 A Prue Copy Attest Town Clerk LICENSE NAME OF PROSPECTIVE Bl61NE55: & C Auto Sports TypE of BUSmEss Automobi l e Rep ADDRESS of mmimms: 41 D Bdd-i ck Road Hyannis, MA 026rn" (Owner please fill in above and than proceed to the following offices) PARCEL NUMBERt Map 344, Par. 80-1 (You can get this from your tax bill or the assessors' office) . TO ALL NEW MMIBESS OWNERS If you are starting a new business there are quite a few things you need to do in order to be in compliance with all rules and regulations . a: the Town of Barnstable. Once you have been checked off on this sheet yoi may apply for a business certificate at the Town Clerk's office (1st floc - Town Hall) . 1. Go to the Licensing Authority office (3rd Floor school Adm. Building) This i nr;ividual has .been 1 n;formed of any licensing re�;�pnts that will . ., tpf thse business. (Licensi Authority Signature:'_,�� 2. Go to the Building 1Wgeet0r'8 office (4th Floor Town Hall) . This ��V�, in p ' permission to sta a business -at _ -,! (business address) . JB d+" Ynepector's signature) If your business *has anything to 'th �, lodging (bed and breakfast) farm produce, automative repair, hazardous waste materials (dry cleaning etc. ) , or anisals you mast 90 to the Board of Health.. If your business hp. nothing to do with any of the above. . .take this form to the Town Clerk's Office now and you can. get a business certificate. If it pertains to any of the above proceed to the third floor of the Town Hall to the Board of Health office-: Conic 3 . ; / This ' ' ual is an compliance and has permission to star —''-- a gso at a above address. (Board of Health - Inspector's si e) =f your business is a bed and breakfast or has anything to do with food, _iquor or junk, -your last stop before the Town Clerk's office is the Town tanager's office (second floor Town Hall) . This individual is in compliance and has permission to get business certificate. (Tmm Manager's office) nce this form is complete you can be issued a business certificate. This 0rm will be filed with the Town'Clerk's Office. TOWN OF BARNSTABLE STATEMENT OF DISCONTINUANCE, CHANGE OF RESIDENCE, CHANGE OF LOCATION OF BUSINESS, WIT? 1WAL, OR DECEASED FROM BUSINES R PARTNERSHIP 1) In c formity with the provisions of Chapter 110, Sec on 5 of the Mass. General Laws, the under ned hereby declare(s) that we(I) have t s day Discont ued ithdrawn from the business known as. Q- conducted at as set forth in the c if icate filed on AME - ADDRESS 2) The location of K7 the business my residence as it appears on the business certificate of L° MO 5POL -5 q1 Q 60D(CK 1?D �4YAL)UtS �. filed on has been changed to 3 P- Ge-A00—� WAV osicr -*:k 3) As Executor or Administrator for the Estate of who died on I hereby request a Discontinuance of the business certificate. �] Withdrawal of his/her name from the business certificate filed on in the name of SIGNATURE(S) : ON THE ABOVE NAMED PERSON(S) APPEARED BEFORE ME AND MADE OAT THAT Tfff FOREGdING STATEMENT IS TRUE. r TITLE IDENTIFICATION PRESENTED: # OTHER Bk 176. ne r - MAKE.OF PROWECT1YE It0'335s TYPE OF MZ1NESSs E� r�vE5 &01 �7— A ADDRESS OF BOSINESSs roe your tax bili or the assessor's office) PARCEL NIIIBER:. N45 tttwn prosxed to the following offices:. OMNER - please .ill in ill;, TO ALL NEW BUSINESS OWNERS U If you' are. startinq a new business there are quite a few things you need. to do in order'to be in compliance with all rules and regulations or the "Town of Barnstable. Once you have been checked off on this sheet yov. may apply for abusiness certificate at the Town Clerk's office (1st floc - Town Hall) . 1. Go to the Licensing Authority office (3rd Floor School Adm. Building) This individual has been informed of any licensing requirements that will pertain to this business. (Licensi Authority signature: 2. Go to the Building Inspector's office (4th Floor Town Hall) This individual is compliance: and has ermi.ss' na st a business ate %� n e s ,^•!A (business addres ( Ins ctor°'s signature) " anything to do with food, lodging (bed and breakfast) If your business has farm produce, autom repair. hazardous waste materials (dry cleaning otive etc. ) , or animals you must go to the Board of Health. If. your business hp- nothing to do with any of the above. . .take this form to the Town Clerk's .office now and you can get a business certificate. • if it pertains to any of the above proceed to the third floor of+the Town Hall to the Board of Health office. r This dividual is in compliance and has permission to star 3 . _ �f a business at the above address. (Board of Health - Inspector's signature) ` If your business is a bed and breakfast or has anything to do with food, liquor or junk, your last stop before the Town Clerk's office is the Town Manager' s office (second floor Town Hall) . . 4 . This individual is in compliance and has permission to get business certificate. (Tow Manager's office) Once this form is complete you can be issued a business certificate. This forts will be filed with your certificate in the Town Clerk's office. l_ '94 APR 22 P 3 '5 U CC Fee Paid O y Received and recorded at the above time and date in the Office of the Town Clerk Town of Barnstable, Massachusetts in Book / 7 Ga page= A True Copy Attest Town Clerk Lj� Cv , r M ]HOpS WA MHfh I ` ^l OF ", f k jB,y,YtllS° \ •�, F,1 i NI. rE Kr N1l Ur a aIt: '�►v. rr , 1hZii r Pill J •RON if MIIDC ri l J d I \ )wJ vw+ t f�MOrf� Klq ly �L •� - � A 70 I � ; � \ J, 1 In I• U h 3'NJiI tt �K40 (ftCk � )t r W = rs 1\` y >t<°� rr � C • S / ' / Ullilllllllllij Illlllfilflll �y, " it� I III I'iliwlllill• aR. \ - q�,�w C o' c�:;dlliflllllf UUlllilfill Raryo I,iV Iuu4i:l 1a f tN. ' •r( �i' ul it � ,III N 'VY� . -r w I lm Hsf nllll IIIWIiili aP fy)(rrNk PA"t, O a ` �.� M1yS II arm .-r 111iP I,,I � • ' � ,� R csc Ko. i �� �-vt' I aluwwu -1 � K.� tluuili, rvo3q 'ud�r+o. F r I o"o u;ii: „mtiiwi.;� 4p Fir ti • I wx( r, tl,d" l g 3,tvM IFull. t 4. I 4, pl "illlli III•iit,••T. r „ i .� ! C.WRI.aGE SuvRr `WII - 5 Its+q„I 4 ?� L-1') �sr 1i4 1 1 rr , ,n E (• colcM :iEuk; 4EiT 4, 1I ,, co, u'f < ;O a F� �,' > 3w G'9OIL Iiil i n r 'full:' III""'i � v � � `+I 7111 � = n, dlll! 4111illltlllfi'`'�II � I'I �, �c :,dIU Ir•4) rn !� a a c I: i;RJ M r ,� II fill cO n •� R -; 1.Vd ;�J IlUlltl ' ti' 1� _ SKZ ROC1c P n I J t+E)EDCE 111: ••I H Iliiur I�PpwvE li :;4:iiU' ahtitiill ` r�"• m f r MBLE RO •114f1Ii11iil � '.jl,... �itilll',III �r I LJ I"n .;,� �� �..:�:k • C7 I� � 4luiutayli-4uiliii::�:: � .p ry III 1'+ al COBBLE STONE 1 V•V k �' 1 1 Yyel Nrr IN NO \ 1AMiY NOIy ..XL In11. ORr >r• td 00o Viro ° M tl ,ry0 1 1 RUE AiICi1ClE r O►-Q �� � `��\( I 1 t cH C7 1 \ ' I g 1 r• TO LEGEND - BULK REGULATIONS Minimum Lot Remo'reman% Amimum Yard Setbacks Niahuii STANDARD [EGEND 1 Area Frotrbge Width Front slay Rear lnt Coves ft � ft ft �by bldgs. _- - TOWN BOUNDARY +ence B 1 43.5601 20 10 20= 10 10 fence H-, 43.560 20 100 20sc 10 10 —.—,—- - -- VILIAGE BOUNDARY ienc 4 1 Ots 1 10 fence C-1 43.56 12 - 30= 15 15 :ence C-1 1 43.560 20 100 20rs 10 10 (� p :ence 0-1 43.56 2 125 30= 10 10 - SHOR LINt fence F 43.560 150 - 30a 15 15 'anco F-I 15 15 ence F-2 43.560 20 150 30= 15 15 ���- - - --ZONING UNES .ante G 65.000 20 200 30a 15 15 n nanr P ti -1 . ( ) ( ) ROADS s _ _ --- -- -- -- UNIMPIOVEaROADS -)ess A - 2 20 - 35 i Business - 20 - 20 :+E 0* - 0- 35 i i 0 7. - )a Bus. A = 2 - - - - (�EOGRAPIalC IN -OPMAT1.ON SYSTEMS UNIT �e Bus. B 7.500 20 75 10 3(} 30 - e u . A 1 1 0 '0 e _Eris. B 43.560 160 - i0 30 30 10*" (A 4_1� � US- 4o.oco 20- 100 6C� 3t;>t* 0 30 `: tovinzone.t1n ITg n i 4 160 6U— 25 1 40 2 c1 3 0 25 stria) 90.000 2A 200 `1 60 30 30 1 25 -idred (100) feet aintic..3 Routes 28 and 132. imam totst side_ yards. setback shall be thirty (301 feet. provided that 1. Whr-re a z^ninq dTstrT7t baund<.r-j is located at the edge of xation- of such total results in a setback of less than tan 110) feet. water oc4ly. that zone blot applies to the land shall anpiy to. abuttinc} a residerttiaT d.istric'. where a rrin`mxn crf twenty 1.20) feat str,icturese and uses such -3 pier;' and.comporcial boating operat sired. - to i-1 extant :.rf the territarTal furls44otion of the town. 50) feet when <buttT ng a res i dent t a I I y zaned area. 2. w+ero inn i fig district boundari,03 are tocxitad a l-ana tho edge road..-ay and a distance Ts .s;.own from such point tQ another 70nT - th• r, -'thirty-three percent 133%) of the total' upland area of any Iof - )oundary. su%-;i d', tgnco and ;P.oT.nts c;haI I be from the edge of in )e made ttfpjry r.ous by tho T nsto I I at i fan of Du,1 d-1 n d r-";. structures a„ I cyoli I. Tt)e ,i+1 t):not:: 1 i-icnt t(A) of s►_�ch point sha 1 I .Lo a tercet re 3urfaca?n. svrv.9y :S tho line shown an this .map Ts tAxlslde►red an opw-OL e� SENT BY: DPS TAUNTON; 11 -27-95 2:32PM; 6177270755 => 1 508 790 6230; #1 4 \ — 1 ' 'Ile I `( {r;�� eiY1,(.) f( Va�;'A'--&"'re {_J • • II WtLY LAM r•,WELD Govot(sor Facsimile Cover Sheet KATHLEEN M.0'T00LE seuetary Date- To: Time: Fax#; From: Subject: Department of Public Safety Paul E.Dever School Total # of pages including cover sheet: 1380 Bay Street-Building#10 Taunton,Massachusetts 02780 [J Please verify receipt of fax: YES MO (508)821-937519376 Phone (617) 727-0755 Fax Comments: ___1_L—C•°'� -� � `� � �%k�rc:�' SENT BY: DPS TAUNTON; 11 -27-95 2:32PM; 6177270755 =? 1 508 790 6230; #2 Code Text Commentary 12. Oxidizing material-liquids 50gal. incot11piltil.)le fTlalerial5 is;in iSSUe Whi(:h the.code doe. not 13. Oxidizing material-solids 500 lbs. $4. Organicperoxides 101bs. specifically address, In such situations the(:ode official can 15. Nilromeihane{unstable materials) No exemptions seek the advic(.�of chemical engineers, fire. protec'liun engi. I& Ammonium nitrate 1,000tbs. veers, fire service personnel or either ex x its it) tilt' use of 17. Ammonium nitrate compound mixtures onntaioinq p I more than 60%nitrate byweiyrtt 1,000ihs, hazaidous materials, Based upon their a(lvice, the. C.-od, 10. llighry toxic material and leoismousgts Noexempiinns official can deem thc>building;t high h�tzdrel t,tir- 19. Smokeless powder �0 Ib9.a 20. $iacksponingpowder 51bs,, The following two) fiwjors are not always obviOUS wllt'll using Table. 306.2.1: Note a.Gontairunp not more than the exemp)amounts of Class 1-A,1 D ur 1•i flamma liquids. ble • A IFt55 111 A combustible liquid,for exarltlllc',is also a Note D.The maximum Quantities shall be increased by 100 percent in areas which are not Class Il combustible liquid. Therefore, when the iwo accessible to the public.in ouildrngs where automalic fire suppression systems are are bo111 located ill tile.Sarin:area,the.t'ntiw amount of installed,the maximum quantities shall be increased too oeleent in the areas accessible to , the public. conlbu tible liquids prf�sent must be equal to or less Note e.Tank storage up to 660gallons[or fuel burning eg0pinenl rneetmq the than that permitted for a Class II vombustible !iyu;d; requirements of the mechanical code or the lire prevention code listed in Appundix A shall and be permitteo.Note d.Maximum quantities in the amount specified try NFIVA 495 shalt he pennit(edwh2 •p re.Note a"of fable. .306.2.1 al Incas the maximl.nll Yuan stored inaccordarics will)NFiPA495 listed m Appendix A tity Of flammable liquid% in combination to be in- Nole a.1 gallon=0.00373 nt3;1 cubic toot=0.028 rn3:1 pound=D.454 kg creased to 120 gal Ions provided the individual exempt amounts of Class I-A, I-8 or I-C flammahke liquids are maintained. 'I here are two instances where the exempt amounts of flammable and cornhustihle. liquids listed in Table 306.2.1 can be increased by 100 percent (see "Note, h" of Table 306.2.1).The first is w1wn the area where the. materials are stored is not accessible to the i'mbl ic.The second is when the building in which th(; materials are kept is equipped with an approved autornatic fire suppression system, Only one increasemay beapplied,however.For example, if the building where ("lass III-A combustibly liquids are stored(Table 306.2.1 exeil)pts 250 gallons)is equipped with an automatic:fire suppression systc,01 and, at the same time, the room Or area where the Class IiI-A c:ornbustible liquids are kept is only ac:c:essible by employees, the maximum exempt amount of this hazardous material is 500 gallons— a 100-percent increase from what was allowed in Table 106.2.1. The increase in maximum quantities per"Note b" of the table i8 not applicablem for hazardous materials other than tlarrlmable and comhuslible liquids. SECTION 307.0 USE GROUP 1, INSTITUTIONAL USES Section 307.0 Use Group I, Institutional Uses Contained within this section are the characteristics which would classify a building as an institutional use.. The institutional use group comprises two b,lsic:type'.of occupancies:the first relates to health care facilities which are intended to provide medical carp or lreatmcnt for people who have physical or mental disabilities Or diseases and other infirmities. It also includes the care of infants (2-112 years old or less),convalescents, and people who aril infirm because of old age. This calegory includes occupants who are.ambulatory and are c:.ipahle of self preservation as well as those who are restricted in their mobility or arc totally immobile and need assistance to escapei a life-thrcatcnint; situation, such as a fife. the ser.(lnd type. of Occupancy relates primarily to dpiention and correc:liorial facllflles. Since security is the major operational factor in these kinds (Con till tietl On following Page) r. SENT BY: DPS TAUNTON; 11 -27-95 2:33PM; 6177270755 => 1 508 790 6230; #3/9 Code Text Commentary ---------- of iacililies,Ole u(cuparits Nimidles.)are tjn(it�r some fur lnof restraint and rriay be rendvi-ed iiwapable ofself-luesewation without assistan(.-i� in P.mprgencv situations. Obviously, the degree of lia/ards in the several types of institutional facilities govwned by this use gr(.)LJ[) varies considerably for each kind of occupancy.The code,handles v;wh usew. parately and the.regulatory provisions througholLit the code render the pT0j*-r means of protection asto produCe. ;ill acceptable level()(,safety to life and property. 07,11 General; All buildings itl)d structures, Or parts thcreul', 307.1 General:This .eclion descrif.)es the lypical uses that hall be classified in Use:Group I in which pcQpIC Suffering from are classi6ed as institutional. Institutional uses are divided 1bysi,zal limitations biccakisc of health or age am harbored for into three sub-use group classifications, 1-1, 1-2, and 1-3. iiedical or other care v3 treatment, or in which people are Thosct classifications are based on the degree of detention etained for penal or con-r-c-tion purposes,or in which the liberty and/or physical mohility of the occupants. If the inmates is restricted, 47.2 Use Group 1-1:'f his use group shall include buildings or 307.2 Use Group 1-1:A bLjil(iir)g Classified as LJS(-'Glroup I- ),art.% thereof hojiSing Six Or more individuals wh*,because.of 1 is characterized by four coiiditions- it is a heidth care - Lge,mental disability or other reasons,must.must. facilily'. the occupant load it; greater than five; there is 24 live in a Supervised I -rivironment but who are physically capable of responding to all hour-a-day supervision; and the occupants are athulatOrY -mergency situation without personal assislainec.The following (capable of reaching safety in an eolerge-ricy situation with- :ym of facilities when accommodating persons of the above out the need of physical assistance by staff of others).-, description shall be classified as an i-I facility: board and cave Any building which has the above listed characteristics facility,half-way house,groupbornc,social rehabilitation facil- but contains an occupant load of five or less is considered to ity,alcohol and drug center and convalescent facility.A facility be.residential in use (see Section 309-0). such as the above with five or less occupant'911,111 be classified For clarification Fiurposcs,a dormitory which houses only as a residential use group. elderly people.and has a nonnicdic�ally trained live-in man- ager is notclas0fied as an insfitutionai use(see Use Group R 2, residential use). 307,3 I I Ise Group 1-2,This use group shall include buildings or 307.3 Use Group 1-2:A building classified at,Usc(7,1`00 1- parts thereof used for medical,surgical, characterised by four conditions: it is a health care .,ical.psychiatric,nursing or 2 is J custodial cam on a 24-hour basis of six or more person',who are facility;the o(.cupant load is greater that) fiVC-1 there is 24- ation.The ful lowing types Of facilities, Il0ur_a_jjV supervision; and there may be occupants who not capable of.�elf-preserv, nona arembulatory(197)incapable of seff-preservation and when accommodating persons of the above description,shall bL are classified as 1 2 facilities:hospital,nursing home(both internlic- requiring physical assistance by stuff or others to re,101 safety diate cart facility and Wiled nursing facility),mental hospital, in an emergency situation). and detoxification facility.A facility such as the above with five Again, as is true with Use Group 1-1, any building which or less occupants sh-,fli he classified as a residential use group, has the above listed characteristics but contains an occupant load of five or less is considered to he residential in use(see Section .309.0), The most common exafnples of 1.2 uses ive.hospitals and nursing homes(see Figures 8 and 9). It is riot uncommon to find (:anfP.renct-. rooms, lecture halls, gift shops jind other F)onme(fically related o[PaS ill buildings classified as Use(.Jr0uP 1-2.When this o"'curs the buildings are then considered as mixed uses and the provisions of Section 3 13.0, (MI)MIM'd On following 77 I SENT BY: DPS TAUNTON; 11 -27-95 2:34PM; 6177270755 => 1 508 790 6230; #4/9 Commentary, i ; LVH PA1'ILN I ROO MS ` IWIINI RO()M$ IL17l'C(_)KF NLJKSI.S'S IATION IFI..EIATQRS, SIAIRS,ANC lFR;'I('F SI JAI r, ii Figure 8 USE GROUP 1.2 --NURSING HOME �s I.F('TI.:Rt.I IALL PAI IFNT ROCZ -ter OI1'Iff NURSF..S STORM4 STATION �9 x RAY ` O111K1 ('01'1 ILL i;IFT WAILING 0111(:I SHOP $11('>N ARIA Figure 9 USL GROUP 1-2— HOSPITAL NOW Figure 9 is a c01111)0sily illlJ5trati0rt shi Wing a mixed use occupancy and is not intended to hr rrpresentaiivr of arl actual hospital arrangcmcnt. 76 SENT BY: dPS TAUNTON; 11 -27-95 2:34PM; 6177270755 => 1 508 790 6230; #5/9 i Code Text Comment' 17.3.1 Child care facility:A child care facility which accom- 307.3.1 Child Care facaity: Child care facilities housing Jdates more than rive children 2-1/2 years of age or less shall more than five children 2-1/2 classified as Use Group1-2. years Old and younger are classified as Use Group 1-2 beca.usechildren that age are not generally cipahle of 1?cing Ie.d and must be carried to safety in.9nemerfiencysituation.Under such circumctancestheoc. cupanis are considered nonamhulatory. 'E 7.4 Use Group 1.3:This use group shall include,buildings or 307.4 Use Group 1.3:A building classified as Use Group I- rts thereof inhabited by six or more persons who are under 3 is characterized by four conditions:it is generally a penal me restraint or security.An I-3 facility is occupied by persons facility where the. r.Tr-cupants are under restraint or security; to are generally incapable of selfpreservat.ion due to security it is a supervised environment; there are more than five :asures not under the occupants'control,The following types ocrilhants;and the occupants are..not capable of self-preser- facilities,when accommodating persons of the above deserip- vation because the conditions of confinement are not under n,shall be classified as 1-3 facilities:prisons,jails,refortttatc- their control and, therefore, they will need assistance to ' s,detention centers,correctional centers and pre-17CIsase ccn- reach safety in an emergency situation (except Use Condi- s.Buildings of Use Group 1-3 shall be classified as one of ilre lion 1). ¢ klassificaticins indicated in:Sections 307.4.1 through 307.4.5 It is fc;cognized that not all pedal facilities require the c Section 611.0). satTle level of restraint. Therefore, Use Group 1-3 is divided into five Use Conditions based on the degree of access to the exit discharge. The five Use Conditions are.summarized in Figure 10. I' p J I Tl 4 11 is 0J ilSl!"iWf11NUN 7 C:SC 'i7Nuli!<lN I'M M0Y(MrN;INTERIOR ANO toltRIOR f�tr ifvrrnfhI,:NItRI<Jk Ciruv QP1' lO LL use�nNo;ll If.>N I rat c;DM)l I MN 4 M1 MOVEMENT WIMIN 1M(IKi C'CIMPAR'IPAN1 QNMY I IMI111}mQVf Mf.NT QkiM ly(14'111)UMf h :K.tMf)rr CONIR01 ©" ©Q Q Q Q Q Q Q Q v f l ! flrlrNlttJn nNi.;<.(iRkit'tI(7Nn1 f!tf (.I.rn0lnt.YNS r \ l r� N.I USrCVNI)IIION 0CUD-kEM iI RI 11 AlI f.)k i(>f!I VAUNI i 91 SIRif:I10 MOV,MEN r I'ROM Ci 7CHPitL,WALt `iS SIArrCONTROL) � \AiOICI RAP kilvIW.IIfMi7ftNIAItK!I figure 10 (writ nue(l on following page) ?9 f SENT BY: DPS TAUNTON; 11 -27-95 2:35PM; 6177270755 =5 1 508 790 6230; #6/9 • • - Text Commentary 307.4.1 Use Condition 1: Tilis use. crnulition shall inclu(lc all tiluldings in t+'lrich free movement is a11r)wed fro") sleeping 307.4,t Use Condition I:L)c�ccriFied herein , on Areas,and other spaces where access or occupancy is I)c�rmjitcd, rein as key cr tole I strutaures arl� those 1_)uilrfings in which a key c,r remote to the exterior via Incans of egress withnut restraint. A Use control release devii:e is not needed for any occupant to Condition I facility shall be classified in Use Group k. reach the Uxteriorof the building(exit disc:harge)at any lime. In other words, an Occupant has unrestrained access to the exterior Of the building.These types of buildings are,referred [(,as low•sectirity fac iIities.A work-release center is J typical Use Condition I facility(see Figure 11). Hecr,use of the lack of rc straint associated with a Use Condition I building,it resembles a residential use mc:,relhan a detention facility and therefore,is classified as Use Group R (see Section 309.D), J u. r Commentary 3 1 .' t. (PRISON L6\A11 S) (KLY NOT NE(_LSSARY ' tiTQR_,(:I,._ j hOR OPERAW N) r a i IUNt:I'i KC)C}M I i 5LELPIN('3 ROOM"" � 1 C)FFI(:;ES TV kootAt UAKARY RfCREA1"ION R(0)OM ' i i i KtYS ARE N(ji'Nfc_ESSARY Ft7R OPfRAM)N OF ANY EGRESS Ly)ORS i CEH S ARE UNLOCKEt) ----- figure 11 - "- - -- -- -- ----- USE GROUP I-3—CONDITION 1 1 1' 80 SENT BY: DPS TAUNTON; 11 -27-95 2:36PM; 6177270755 1 508 790 6230; #7/9 Commentary i. .4.2 Use Condition II: This use c(indition shall mclude all 307-4.2 Use Condition It-, Described herein as Use C nd i- idings i n Which free movement is a]lc)wcd f rom sleeping areas I ion 11%In ff-Wreqa re I hose bu ild ing,.i n wh ich a key or remOIT any other Occupied smoke compartment 10 one or more other control r0ease device is not necessary for the occupants ikecompartments.E.grcssto the exterior isimpededby locked move about within the exterior walls of the facility. In other 'S. words, an occupant has unrestrained access within the building,i.e..,free movement between smoke compartments (its created by smoke h rriers),butmus se t rely on someone else roach the exterior (exit discharge). This is illustiaied in p Fiturc 12- Commentary a &M00 8,,1KRIERS i PRISON LIMITS—/ SLEEPING ROOMS KEY OPERATION NEEnEn TO X-1 r.RiOR, fS I UNCH R(R'7 70()M 5LUPINC R00,MS 'KEY OPF.RATION N01'NECLSSARY WITHIN OR K!.IWI i N SMOKE COMFARTMENTS, Figure 12 USE GROUP CONDITION 11 CoIde �Comment ary .43 Use Condition ID:This use cnnditinn shall include all 307,4.3 Use Condition IIII! Described herein as Use Condi- dings in which free movement is allowed within individual Lion III structures arethose buildings in which a key or remote &ecomp,irtmenis,sue lias within a tesidential unit comprised control release device is necessary for movement of occu- ndividual sleeping rooms and group activity space, with pants from one smoke cornpartment (as created by smoke ss impeded by remote control rcleaic of means of egress barriers)toatifitherstiiokeeory-if)iirirtient,and from within the n such smoke compartment to another smoke compartment. building to the exterior(exit discharge), in other words,the (confintied on tryflowin!" SENT BY: DPS TAUNTON; 11 -27-95 , 2:36PM; 6177270755 => 1 508 790 6230; #8!9 4f Commentary, I • li occupants in the facility are dependent on the qa.ff for their of to the.exterior(exit discharge). This is dIus(rJted in Figure release from an assigned cell to another smoke compartment 13. F'R;SGN U;v11Tti -� tiM(1KF. BARRiFK.S 9 ! 8 ' I lUN(.:N RC)i:M4 < 41(is REC. ' E ROOM t , , i IirrlN%RCSQMS it f ENttvC tttx,W ! t TV ttt)t)M t IHRARI' {� i •KFY OPERATION IS NICISSAKY 1-QK LXT1,91 iR ' D00RS AND BETWEEN THE CCiMPARTMENTS + -•-- -- -- -- --•, ...---- ------ -- -- ------ -� I Figure 13 USE GROUP I-3 —CONDITION III Code-Text Commentary 307.4.4 Uhe Condition IV:This use conditirtrr shall include all 307.4,4 Use Condition IV:Described herein as Use Condi- buildings in which free movement is restricted from an occupied tion IV structures are those buildings in which the occupants space, Remote controlled release is provided to permit move• are not allowed free movement to any other space within a +� ment from all sleeping rooms,activity space and other occupied smoke compartment (as created by smoke barriers) to an, areas within the smoke compartment and to other smoke corn- other Smoke compartrr'tent,or to the exterior(exit discharge). partments. Any movement permitted within the facility is by activation of a remote control lock system which releases a designated area of sleeping rooms in a single signal. The occupants within a Use Condition IV building must rely upon an it activation system in the event of an einergency. This results in a higher degree of dependoncy than is allowed in a Ose. Condition III building. Use Condition IV facilities are typi- cally used in a prison where many occupants dre released from their sleeping rooms atone time,such as when they go to eat or to other activities. The occupants in these facilities are considered relatively safe to handle in large grouFts Figure 14). Icunrinued on following imh;O 82 SENT BY: DPS TAUN-ON; 11 -27-95 2:37PM; 6177270755 1 508 790 6230; #9/9 �I Commentary7 1' I is P j: 4 U.MITy � - -- -- - --SM( Kf ---- -- - NARRIER.. ' E s i Sl.tt[PINC� �I It(lOh1S � I L t1Nc_H ROOM UFFICa - 'IV ROOM i ! ! 'Ml1YfM1,NiWOMASi,CfYfN(�N(;LIM AND Wiiu4NA'MW)krC,�MFARIMENTANn SI,FfPING Bt IWftN SN:QKE COMYAKIME:NTS IS I IMI(EU BY RrM(')'i f(:pNTROL RE LEA" i POOH Figure 14 USE GROUP 13 — CONDITION IV , Code Text i.l I 1 t. , i i Use Condition V: '11iis u�c condition shall ;nclude alt 30'.4.5 Use Condition V: Described herein as Use Condi gs in which free mrnealcut is restricted from an occupied tion V slructures,lrc those buildings in which the occupants Staff controllcd relcase is provided to Permit movement �lre not allowed free movement to any other spate within a � Isimping rooms,aL:tivityspaoesandotheroccupiedareas smoke compartment (as created by smoke barriers) to an- :. the smokc Compartment ankl to other smoke com art- other smoke com artnlent or Io the exterior(exit discharge) unless their sleeping room is unlocked by a staff member. i` Once released from an individual space, a staff member would be responsible for unlockinp all doors between the sleeping mom and the exit discharge. This is the most (' restrictive Use Condition as each occupant must be released on an individual bams and escorted to other areas. Use � Condition V f lclliiies are most often used for maximum security facililies or solitary confinement areas where the Occupants are txmsidered to be dangerous to others,includ- ! ' iIog staff members, and cannot boa handled in lame groups (see %igure. 15), (roncioued on lufl0wil7g pq;e) x Al '. PROPERTY ADDRESS I ZONING I DISTRICT CODE SP-DISTS.I DATE PRINTED I CSTATE LASS I PCS I NBMD KEY NO. LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS T a; Land By/Dale S,ze D,mens,on Y UNIT ADJ'D.UNIT gCRES/UNITS VALUE Description BURK£. JAMES �M TRS MAP— CD. ff-De mrAcres LOC./Y R.sPEc.cLAss ADJ. COND. PE PRICE PRICE #BLDG(S)—CARD-1 3 113.900 CARDS IN ACCOUNT — L BATHS 0.2 U X C= 100 5000.00 5000.00 1.00 5000 S #PL' PERSERVERANCE DR BARNS F 01 OF 01 A #UT UNIT #1 OST 3900 N *.1653 UNDIVIDED INTEREST ARKET 138800 D *LIBERTY BUILDING CONDO INCOME A #RR 1238 USE D APPRAISED VALUE D J A 113,900 A U PARCEL SUMMARY T S LAND A T BLDGS 113900 M 0—IMPS OTAL 113900 F E N CNST E N DEED REFERENCE Type DATE Recorded PRIOR YEAR VALUE A T Book Page In sl. MO. Yr.D Sales Price A N D 8089/0931 I,06/92 F 100 BLDGS 113900 U 6925/112: I:10/89 B 100 TOTAL 113900 R E l S Number Dale ILDING PERMIT Anwunr LAND LAND—ADJ . I INCOME 11!SE I SP—BLDS FEATURESI ILD—ADJS UNITS Type 5000 �-;es i Con sl. Tol ei 1 Year Built Norm. Cbsv. ni.s I Base Rate AJj.Rate A�� 1l9 Age Oepr. I Contl. CND. L., ^h R.G.I Repl.Cosl New Adj.Repl.Value Sloiies Height Rooms ed Rms Baths I e fix. Penywall Fec. 05C 00u 100 100 66.20 66.20 81 81 13 88 70 58 196384 113900 1.0 1 .2 4.0 �jcsrription Rale Square Foel Repl,Cost MKT.INDEX: l.00 IMP.BY/DATE: ML 8/87 SCALE: ELEMENTS CODE CONSTRUCTION DETAIL BAS 100 66.20 2891 IY1384 GROSS AREA 2891 : CONDOMINIUM CNST GP_DO STYLE I 36STEEL' WAREHSE 0. DESIGN ADJ AT 00 ------------------ a_- --------------- --- --------------- J I I ---- EXTER.UALLS _17METAL SIDING ----0.a_ I - - iNdERaFINISH 91UNFIPIISHEO 0. u d. ! INTER.LAYOUT 00 ------ uo _ R !! CONDOMINIUM ! IN$tRa®uALTv 00 ------------------ 00 A !! UNIT ! FLOOR STRUCT 04CONCRETE SLAB 0. L D I I !! 49X59 #1 ! rL00R 604E-A-- -2D�NQME---------------U,. 2891 a - - ------ - E TolalAreas Aux= Base= OOF-T7PE fbMETRL 0. BUILDING DIMENSIONS !! - ! ELECTRICAL 09AVE RAGE_ 0.T ------- ------- --- a+_—__--_�----__ —_+A = a fOUtdDATdON--- -01rPOl9RED COINC _--- 99a- 1 A ' a ----- - L- --- --_ LI LIBERTY BUILDING CONDO (7 UNITS) LAND TOTAL MARKET - M------------------- PARCEL` 113900 AREA 30396 VARIANCE e0 +275 STANDARD 25 TOWN OF BARN STABLE n' } SIGN PERMIT e ' PARCEL ID 295 007 00A/ GEOBASE ID 38435 ADDRESS 30 PERSEVERANCE DRIVE PHONE BARNSTABLE ZIP - LOT t BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT BA I PERMIT 25176 DESCRIPTION JEFF FACON AUTO SERVICE . PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $10.00 ` BOND THE CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE HLAA RNSPABLE. MASS. OWNER BURKE, JAMES M TRS i6gq. A�O� ADDRESS STONEWARE NOMINEE TRUST �--�� ED M1r►� HYANNIS 2MA7 BUI� DL IN`G-DIV(IS ON DATE ISSUED 08/21/1997 EXPIRATION DATE �. ✓ The Town of Barnstable f�l : f Health Safe and Environmental Services -9 . BARNYMM I De�ariment o �' . . . � 7 Building Division tr' 367 Main Street,Hyannis MA 02601 ' Ralph Crossen office: 508-790-6227 Fax: 508-790-6230 Building Commissioner Application for Sign Permit ,/S, Assessors NoY � Applicant: �E%�t df� CC�� —�1 r �T�-- 0,0 Doing Business As: flC'a� i � � 4;(21], Telephone No. Sign Location Street/Road: ` C Zoning District: LNJ �G/ �� O G°! Old Kings High ay? Yes '4 Property Owner Name: ��3����� �iu� .2c ����_ /p_u o i Telephone: 771-6�33 Address:�o ,ei? JCK .�Oo9✓� Village: Sign Contractor Name: t� dh Telephone: Address: �7� 2`c �ci'� C In.6►� �t Village: Description Please draiv a diaigrarn of lot shorting location of buildings and wdsting signs pith dimensions, location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? Ye& - (Note:Yjrs, a wiringpermit is required I hereby certify that I am the owner or that I have the authority of the owner to make this application, that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinance. Signature of Owner/Authorized Agent: Date: f + -Z I —9 7 . y" e�S �� Permit Fee: Size. Disapproved. Sign Pennit was approved aPP Date:_ Signature of Building 0 rci 0