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HomeMy WebLinkAbout0067 PILOTS WAY 4 Y 4 4 I Y 7y Town of Barnstable Building Department - 200 Main Street BARNSTABLE, * Hyannis, MA 02601 9 MASS 1639- , (508) 862-4038 CFO MPt A Certificate of Occupancy Application Number: 88527 CO Number: 20080428 Parcel ID: 217024BOO CO Issue Date: 10/05/09 Location: 67 PILOTS WAY Zoning Classification: RESIDENCE F DISTRICT Proposed Use: SINGLE FAMILY HOME Village: BARNSTABLE Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: TEMPERED GLASS NEED TO BE INSPECTEO;RESOLVED 7116/10 Building Department Signature Date Signed Town of Barnstable Building Department - 200 Main Street BARNST"LE, * Hyannis, MA 02601 9 MASS (508) 862-4038 Certificate of Application Number: BB527 CO Number: 20080428 Parcel ID: 217024BOO CO Issue Date: 10105/09 Location: 67 PILOTS WAY Zoning Classification: RESIDENCE F DISTRICT Proposed Use: SINGLE FAMILY HOME Village: BARNSTABLE Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: TEMPERED GI ASS NEED TO BE INSPECTED Building Department Signature Date Signed 1' 4 �Iti�NE Town of Barnstable Building Department - 200 Main Street BMWST"LE. * MA 02601 MA C. Hyannis, 9�A 1639. , 1508) 862-4038 Certificate of Occupancy Temporary Application 88527 CO Number: 20080422 Parcel ID: 217024BOO CO Issue Date: 09118109 Location: 67 PILOTS WAY Zoning Classification: RESIDENCE F DISTRICT Owner: REILLY, THOMAS R TR Proposed Use: SINGLE FAMILY HOME P 0 BOX 1021 S ORLEANS, MA 02662 Village: BARNSTABLE I� Gen Contractor: PROPERTY OWNER Permit Type: RTCO RES TEMP CERT OF OCCUPANCY Comments: Copy of recorded decision (2E) and temp glass required. 10/18/09 Building Department Signature Date Signed Expiration Date i TOWN OF BARNSTABLE l �taE Building Application Ref: 88527 BARNSTABLE, Issue Date: , 11/21/05 Permit.. 9. . MASS qjA i639• �� Applicant: . rFG MAC A Permit Number: 88527. Proposed Use: SINGLE FAMILY HOME Expiration Date: Location 67 PILOTS WAY Zoning District RF Permit Type: NEW SINGLE FAMILY HOME Map Parcel 217024B00 Permit Fee$ 2,831.76. Contractor PROPERTY OWNER Village BARNSTABLE App Fee$ _ 100.00 License Num OWNER Est Construction Cost$ -632,137 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND CONSTRUCT SINGLE FAMILY DWELLING THIS CARD MUST BE KEPT POSTED UNTIL FINAL - INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner,on Record: REILLY,THOMAS R TR BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: P O BOX 1021 INSPECTION HAS BEEN MADE. S ORLEANS, MA 02662 Application Entered by: Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY:;OR,SIDEWALK ORANY PART:THERE ,EITHER TEMPORARILY.OR PERMANENTLY. ENCROACHEMENTS ON,PUBLIC.PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLY.GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH):' 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). L BUILDING INSPECTION APPROVALS PLUMBING/INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS ! 7 �rr�j -oro ell 2Q/' �� alb-t3 t P) 3 1 Hating Inspection A rovals Engineering Dept Fr POW 0 � .`rpt 2 �,�� /2 Board of Health .z Page 1 of 1 Roma, Paul From: A.M. Wilson Associates [amwilsonassoc@amwilsonassociates.comj Sent: Friday,'September 18, 2009 10:12 AM To: Roma, Paul Cc: Peter Curtin; Adam Doyle Subject: 67 Pilots Way, Barnstable; TO: Paul Roma, Inspector Building Department FROM: Arlene M. Wilson RE: 67 Pilots Way, Barnstable Conservation Restriction (Our File No. 2.1082.02) DATE: September 18, 2009 This will confirm our discussion of earlier this morning relative to the Conservation Restriction at 67 Pilots Way. The Town Council voted, at last night's meeting, to accept the gift of the Conservation Restriction. David Houghton provided the final document for signatures this morning. It has already gone to Community Bank and the Conservation Commission for their signatures. David is responsible for obtaining Mr. Chirigotis' signature. It is our intent to record the document Monday or as soon as all signatures have been obtained. As soon as it is recorded, a copy will be provided to you for your records. It is my understanding that you will be issuing a temporary CO for 67 Pilots Way today which will be good for 30 days. We must provide the recorded Conservation Restriction to you within that time. Once you have the recorded document and other repairs/modifications you required have been made to the structure, a final CO will be issued. Please don't hesitate to contact me if you have questions. - Arlene 9/21/2009 E Adam W.Doyle,Sr President Region One Environmental, LLC Banking&Real Estate Consultants Construction Inspections Your Business is Appreciated Environmental Services Phone 508-889-2129 Real Estate Management awdoyle@comcast.net - a JtT 75r: 41 '" f % '� �t r3��` v=�:-.a.. '-L. �� �!•rr i�y�Lam' �^�,g-a-� �' �-�' � T� (Its-go - ��.A�7 � _ � �TiS...�s-'��` t�F.L j�.L,✓„'°aC.•� ���fSr� �a �I ? P /v f5 �a Page 1 of 2 Roma, Paul From: awdoyle@comcast.net LJ Sent: Wednesday, July 15, 2009 12:40 PM To: Roma, Paul / Cc: Adam Doyle ,.7 Subject: 67 Pilots Way Barnstable Permit#88527 Issued 1121 ' �a Dear Mr. Roma: The CommunityBank with it's corporate headquarters located at 1265 Belmont St eeY t, '�"`J P q Brockton Massachusetts has obtianed ownership by means of a foreclosure deed of the property known as: Parcel Id 217 024 B00 67 Pilots Way Barnstable, MA GEOBASE ID 13396 The original building permit# 88527 issued 11/21/2005 was not posted at the property and has not been made available to the Community Bank and/or it's representatives. The women in your office have been more than accomidating and have gone above and beyond their duties in assiting with the file review of this property and readily answered our questions. After careful review it appears "not fact" that only three additional signatures are required. 1. Conservation Commission. 2. Fire Department. 3. Building Department The Town of Barnstable Conservation Commission File No. SE3-3837 required the following: 1. Installation of split rail fencing. 2. Asbuilds for retaining wall with grade changes submittal. 3. Asbuilds for concrete utilty pads and driveway changes submittal. The above requirements have been completed and inspected by Mr. Stepanis, Conservation Assistant. Under the direction of Mr. Stepanis we have paid a $50.00 re-docketing fee thus allowing this matter to be on the Con/Corn meetings agenda for July 21. After the anticiapted approval from the Con/Com and the reciept of the their ruling we will file with Registry of Deed's. The intent is to have a family move into this property the first of September. Due to the 4 plus year delay by the original owners building this home and the fact they never applied for a Certificate of Occupancy we respectfully request your help. Is there anything that can be done to arrange an Inspection or on-site meeting at the property with either yourself or one of your inspectors? Prior to the recording at the Registry of Deeds. The reason for this request is in case something is not in compliance this will allow us adequate time to correct any issues. Prior to request for a Certificate of Occupancy for September 1, 2009. 7/16/2009 i Page 2 of 2 1 truly appreciate your attention to this request. I can be reached @ 508-889-2129. Sincerely, Adam W. Doyle, SR 7/16/2009 opYHero Town. of Barnstable Regulatory Services IURNS"TAt1LE, Thomas I+. Geiler, Director q M AIb SS. A i639. ` Building Division Arlo M��A, Tom.Perry, Building Commissioner MO Main Sheet, Hyannis, MA 02601 `vsvFv.to�vn.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-62: PLEASE FORWARD THE' ATTAC;ITED PAGE(S) TO: TO: ATTN: A rAx No. ziRO'M: A J L- O tp, DATE: ^7 — (INCLUDfNG COVER SrY1rT) , J °Ft"E r°w TOWN OF BARNSTABLE . . Barnstable 11 afteftaChy BARNSTABLE ' MASS. a • OFFICE OF TOWN ATTORNEY I I I 11.1 9° t639• ,�� 367 MAIN STREET °prfD M�° HYANNIS,MASSACHUSETTS 02601-3907 2007 RUTH J.WEIL,Town Attorney ruth.weil@town.barnstable.ma.us T. DAVID HOUGHTON, 1st Assistant Town Attorney david.houghton@town.barnstable.ma.us CHARLES S.McLAUGHLIN,JR.,Assistant Town Attorney Charles.mclaughlin@town.barnstable.ma.us CLAIRE R. GRIFFEN, Paralegal/Legal Assistant Claire.griffen@town.barnstable.ma.us PAMELA D.GORDON, Legal Clerk TEL.508-862-4620 -FAX.508-862-4724 March 4, 2009 ALSO BY FAX: 1-508-997-0760 Mr. Jay Kivowitz Jay Kivowitz Auctioneers 91 Rodney French Blvd., P.O.Box 41268 New Bedford, MA 02744-1603 Re: Mortgagee's Sale at Public Auction Location: 67 Pilots Way, Barnstable, MA Our File Ref: #2002-0238 - I i .Dear Mr. Kivowitz: (0� Please be advised that the above-referenced property is subject to the attached Agreement for Judgment. You will note that Paragraph"2.e." on page `2' of said Agreement contains a condition which requires that an approved Conservation Easement or Restriction be recorded consistent with the terms stated therein. To date, no such Restriction has been recorded and no Certificate of Occupancy has been requested or issued for the premises. { This letter shall serve as notice that the subject premises cannot be occupied until all the terms of the Agreement of Judgment are complied with, including but not limited to, the recording of a conservation easement or restriction which is acceptable to the Town of Barnstable Building Commissioner. I trust that you will notify all prospective bidders that the property is in violation of zoning and cannot be occupied until all the zoning violations are corrected. Thank you. Since ely, , ¢ 3 R- RJW:cg uth J. We , own Attorney Encs. _ Town of Barnstable Z7ij c7% cc: Thomas,Perry,Building Cmsr.1 Fax: 508-790-6230 CD cc: Theodore A. Shilling, Esq.' Fax: 508-775-0792 cc: Jane Mello Pineau, Esq. Fax: 1-508-984-1515 01 [2002-023 8\kivowitz l-030409] SUPERIOR COURT BARNSTABLE SS RED Z 9 200:1 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT C.A.NO. 02-710 GORDON STARR and SHERRI GREENE-STARK, ) Plaintiffs ) V. ) WILLIAM H. LEWIS,M. and THOMAS REILLY ) and GAIL NIGHTINGALE, THOMAS A.DEREIMER,) JERRY GILMORE,DANIEL M. CREEDON AND ) RON S.JANSSON,in their capacity as Members of the ) Town of Barnstable Zoning Board of Appeals, ) I Defendants, ) AGREEMENT FOR JUDGMENT Now come the parties in the above-captioned matter, acting by and through their respective counsels of record, and hereby stipulate and agree that judgment shall enter as follows: 1. The Plaintiffs agree,upon execution and filing of this Judgment, that their appeal of the variance (Appeal No. 2002-14, dated October 23, 2003)a copy of which is attached to the Complaint as Exhibit A, shall be deemed dismissed,with prejudice. 2. The Defendants, William,H. Lewis, III. and Thomas R. Reilly(hereinafter"Lewis j and Reilly"),hereby agree as follows: j a. The property which is the subject of the variance, (which property. is shown on Town of Barnstable Assessor's Map 217 as Parcel 24) (the I "Premises" and the adjoining currentl owned b Shelter Real J g Y Y tY Trust, (which property is shown on Town of Barnstable Assessor's Map 217 as Parcel 30 and Town of Barnstable Assessor's Map 237 as Parcel 4) (the "Bayside Funding Lot") shall be used together for single family. residential purposes as hereinafter set forth. b. The Premises shall be used for the location of not more than one single- family home and accessory structures as may be permitted from time to time under the Barnstable Zoning Ordinance, including without limitation, a barn, and a paddock area for horses owned-by the owners of the premises. C. Any single family home to be constructed on the Premises shall be set back from the edge of the salt marsh at least the distance (120 feet) of the approved single family home as shown on the plan approved by the Conservation Commission in file number SE3-3837. d. Lewis and Reilly agree to improve Pilot's Way from Route 6A to the access easement to the premises to a width of at least 14 feet, with hard packed bluestone with drainage to run down off of the access easement. e. Lewis and Reilly agree to cause the Bayside Funding Lot to be restricted by the grant of a Conservation Easement or Restriction,which Easement or Restriction shall provide that no building or structures shall be located anywhere on the Bayside Funding Lot, other than fences and other than accessory structure(s) to the single-family home on the Premises, which accessory structure(s) may only be constructed in the area shown on the sketch plan attached hereto as Exhibit A, excluding however accessory dwelling buildings or structures. f, Lewis and Reilly agree that any lighting placed on the premises or the Bayside Funding Lot shall be directed away from the Stares property and onto the premises and the Bayside Funding lot. 3. All parties agree that this judgement shall be recorded in the Barnstable:County Registry of Deeds and recorded in the chain of title to the Premises and the Bayside Funding Lot and shall touch and concern the title of these parcels and run with the land for the benefit of the plaintiffs`property located at 85 Pilots Way which is shown on Barnstable Assessor's Map 237 as Parcel 65. 4.. All parties agree to waive any rights of appeal they may have to the entry of this, Judgment. Respectfully submitted, Respectfully submitted, Plaintiffs, Defendants,William H.Lewis, III. and Thomas Reilly, By t it attorne , By then attorney, Ro ert F. Mills,Esq'. Michael D. Ford, Esq. Wynn&Wynn P.O. Box 665, 72 Main Street 300 Barnstable Road West Harwich, MA 02671 Hyannis,MA.02601 (508)430-1900 (508)775-3665 BBO#174440 . BBO#542732 Respectfully submitted, Defendant, Town of Barnstable By its attorney, A true copy,Attest tuth J. W 'l, "Asst. Town Attorney 4a tu Town HaIlLY67 Main Street �181'iC Hyannis,MA 02601 (508)862-4620 BBO#519285 Dated: July 20, 2004 EXHIBIT A ASS[SSORS YAP 217 LOCUS •�-/ PARCELS 024800&O24WOO RAILROAD 0"%rR OF RICOPI}. I_, F- . ., "LLIAM H LEMS ITT- MAIN STREET 1 � - REST 9ARNS7ARIF.MA.07666 PpOtC 6A I THIS SURVEY COMPLIES WITH VIC PROMSIONS SET. - DEED BOOK 6260 PALL V7 (� ) FDRTH M 75p CLIP 6.04 AS ES•ABI.NtED BY THE PLAN BOOK 459 PACE 1 CAPE COD BOARD OF RECISTRATION a PROF[SSIONAL ENGINEERS AND LAND SURVEYORS - 2ONwC: RF - `•a COMMUMTT - FRONTAGE-I50' EO1L1•CE AREA - 43560 SF• MTMN 2.ACRC RESOURCE PROTECTION O`ERLAT DISTRICT - I EXIT 6 SETBACKS: FRONT- 30' '7— _- ... REAR . 15• - - FLOOD ZONES "B•!-C BARNSTABLE LOCUS MAP SCALE 1'= 1000• 'COMUUMTY PANEL 25GOI 0611 0 JILT 2,1992 - •- ARTHUR F.CLARK ET AL. I S 8513•W M I DEED BOOK 2O75 PACE 42 I TAD N UHE) A ON I,. EpGC OF MEAN _ ? 4 . EDG LINE) r1 zy PPR0X ! =76l1`0.4� I I $w YARSN cc" UNE 7/��•p. 1 Z U V I N ' AREA Rao ; � 1 u o - i : W .CT 713 BARNSTABLE LAND" ( TRUST INC. I rAYo I �P U I�S ' BAYSIOE FUNDINC INC. t . DItU BK. 9993 P PARCEL]PC, 26� S 88'41'20-IN i = f.PLAN 89. 182 PC..SS ; I 1( ` - n D.B. 6915 P. 69 Area for ( Rik BAYSKX'FUNDING INC. location of 1 o alp 5.64:ACRES ^ 5 11 \\ cal a PARCELS t A 2 accessory 6oy7•I0.E I 1 \ u g DEED ROOK 5916 .PACE BSI. L gg ' IX 1 0 1 O li g PLAN BOOK 406 PAGE 70 b L1 s t r L1 c t u r e s 1� 4$$ � N �NSE��J��IO�I N6.1 . 1T ,t -5e ION NEl lq"D 59 vV . I L•BJ9.7]• W V DH rNp 'to R E! R'3704.90 L ~ 1r-E ISTI1(t,.CRQ$SINC o _ r T T2D•ACCES I (ASYHAIi A R.R.TK` I 290,19 1 S CASCLENF .V f CAPE LOCKED Cp . T I T= 1,EXISTING ST E�M�E7•AR ATE POSTS RCS 7y4.4O. • 6]O' _i1N0 SIGNS S p�•Epp yi.^' CAS[MENT �ECIIPIC Co. 1 i t^6Ci.]T S 84-J0.2O'C EI05 INCOSSINGS=/L'1•\J 66•R,a — eerrRlNsir eUr �1 29e64 \ ASPHALT A R.R.Tff) HORITY- 'A w u PROPOSED 16 9ADE R• > \ '% N 64• C1Vl/.Y[Iy7E0 RA4RCIA01� DN CROSSING STA..t9S84O6.2 ]5621��- ]D•2O N . K I $\\��.,v. r' a 20 R.O.W..O o.e.eo7 (CENTERED) I_P. 202 I^ \ n It 1 Dw[u1Na 1$'WADE •1.l m e (APPROX. OhL1TT EASEMENT /LOCATION) W DT�EL11Nc M1 3e.29 r I I 4 b e r n^ -�/ (APPROK. A CHARLES F %.'ROCKER \ I R b o u v 1 �v 8_ I' _ ^. :LOCATION) �� H l THE -OMMUNIT� BANK October 2, 2009 To Whom It May Concern, Please be advised that The Community Bank will not use the area above the garage until the tempered glass has been installed and inspected. 4rti , 1265 Belmont Street Brockton, Mass 02301 508-587-3210 1265 Belmont Street•Brockton,MA 02301 Tel:508-587.3210•Far:508.559.6582 www.communitybank.com Property Address: 67 Pilots Way Barnstable, MA After Mailing Return To: David Houghton Esquire Town of Barnstable New Town Hall 367 Main Street Hyannis, MA 02601-3907 CONSERVATION RESTRICTION TO THE BARNSTABLE CONSERVATION COMMISSION I. GRANTOR CLAUSE The Community Bank, with a place of business at 1265 Belmont Street, Brockton, MA 02301, its successors and assigns (hereinafter "Grantor") for no monetary consideration but as a gift, grants to the Town of-Barnstable, a Massachusetts municipal corporation with principal offices at New Town Hall, 367 Main Street, Hyannis, Massachusetts, 02601-3907, its successors and assigns (hereinafter "Grantee"), to be held by its Conservation Commission pursuant to G. L. c. 40 § 8C , a Conservation Restriction for a term of Ninety Nine (99) years from the date this instrument is executed by the Grantor exclusively for conservation purposes on land located in Barnstable, Barnstable County, Massachusetts, consisting of seven (7) acres more or less (hereinafter the "Conservation Area"). The Conservation Area is further described in Exhibit "A" hereto annexed and shown on the sketch in Exhibit "B" hereto annexed. The Conservation Area is a portion of and accessory to the abutting lot addressed as 67 Pilot's Way, Barnstable, MA (as shown on Assessor's Map 217 as parcel 24). The Conservation Area in combination with the abutting lot addressed as 67 Pilot's Way consist of twelve (12) acres more or less and together are referred to as the "Premises" herein and in a certain Agreement for Judgment recorded on October 15, 2004 with the Barnstable County Registry of Deeds in Book 19134 Page 195 and a variance recorded on August 24, 2009 in said registry in Book 23986 Page 110 (hereinafter the "Premises"). II. PURPOSES The purposes of this Conservation Restriction are (1) to fulfill the terms of the aforesaid Agreement for Judgment on October 15, 2004 with the Barnstable County Registry of Deeds in Book 19134 Page 195; (2) to preserve the Conservation Area predominantly in a natural, open condition; and (3) subject to the permitted passive uses and activities set forth in section"B" of Article III. 1 20090224 July 21 Conservation Restriction dh 09-17-09 final blackline The Conservation Area, comprised of seven (7) acres more or less of vacant land, contains unique and outstanding qualities the protection of which in their predominately natural and open condition will be of benefit to the public. These unique and outstanding qualities include that the Conservation Area is important for wetlands protection, both fresh and salt, undisturbed wildlife habitat, including important tree canopy along the marsh edge, flood plain protection, archeological significance along the upland wetland edge, is located within the Old King's Highway Historic District and abuts existing conservation lands owned by the Barnstable Land Trust and portions of the Conservation Area are within the Area of Critical Environmental Concern of the Great Marshes of Barnstable. The purpose of this Conservation Restriction is to assure that, while permitting the recreation, horticulture, and other uses described in Section III herein, the Conservation Area will be retained for the term hereof predominantly in its natural, scenic, and open condition and to prevent any use of the Conservation Area that will significantly impair or interfere with the conservation values thereof. Preservation will protect the scenic and open space value and ecological value of the Conservation Area. The Conservation Restriction will also protect and enhance the value of any abutting conservation areas. The preservation of the Conservation Area will protect sensitive land and keep it undeveloped. III. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO; PERMITTED USES A. Prohibited Acts and Uses. Subject to the exceptions set forth in Paragraph B below, the following acts and uses are prohibited on the Conservation Area: 1. Constructing or placing of any building, tennis court, landing strip, mobile home, athletic field, swimming pool, billboard or other advertising display, antenna (including so-called satellite receiving dishes) tower, or any other temporary or permanent structure or facility on, above, or under the Conservation Area, except as permitted under this document. 2. Commercial Mining, excavating, dredging or removing from the Conservation Area of soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit. 3. Placing, filling, storing or dumping on the Conservation Area of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, brush, leaves, grass or tree cuttirigs or junk. 4. Cutting, removing or otherwise destroying trees, grasses, or other vegetation. 5. The subdivision of the Conservation Area, or the use of any portion of the Conservation Area for the purpose of adding to abutting or adjacent property for the purpose of meeting minimum lot size requirements for building purposes. 6. Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation. 2 20090224 July 21 Conservation Restriction A 09-17-09 final blackline 1 � ' � t 7. Residential, commercial, recreation or industrial uses. 8. Any other use of the Conservation Area or activity which would materially impair significant conservation interests unless necessary for the protection of the conservation interests that are the subject of this Conservation Restriction. 9. Installation of tanks or septic systems. B. Permitted Uses. Notwithstanding any provisions herein to the contrary, the following acts and uses are permitted by the Grantee, its successors and assigns, subject to obtaining all necessary permits: 1. The use of vehicles in conjunction with the permitted uses. 2. Excavation and removal from the Conservation Area of soil, gravel or other mineral resource or natural deposit as may be incidental to the installation or maintenance or removal of utility, drainage and passive use facilities, soil conservation practices or to other permissible uses of the Conservation Area set forth herein. 3. The maintenance of piles of limbs, brush, leaves and similar biodegradable material from cuttings generated on the Premises, provided such piles are not conspicuous and do not otherwise interfere with the conservation objectives of this Conservation Restriction. 4. The placement of construction facilities for the development and utilization of energy resources for non-commercial purposes accessory to the dwelling on the Premises, including without limitation, wind and solar, subject to Grantee approval as to location. 5. Placing of fences that do not materially interfere with the conservation purposes of this restriction provided location materials and design are approved by the grantee. 6. Digging or drilling of water wells accessory to the dwelling on the Premises or for non-commercial woodland, farming and animal husbandry uses of the Conservation Area, with Grantees approval as to location. 7. Cutting and planting of trees, shrubs, and other vegetation for fire protection, tick and disease controls, invasive species management, timber stand management, removal of dead, dying or hazardous trees and/or limbs. 3 20090224 July 21 Conservation Restriction dh 09-17-09 final blackline 8. Establishment and maintenance of walking trails, bike trails, equestrian trails, and scenic vistas accessory to the dwelling on the Premises, provided locations and dimensions are approved by Grantee. 9. Non-commercial woodland, farming and animal husbandry operations carried on in accordance with sound agricultural and forest management practices (including but not limited to the cultivation of fields, the mowing and grazing of meadows and the selective cutting and planting of trees) with Grantees approval as to location and extent. 10. Erection and maintenance of"No Trespassing" signs by the Grantor; 11. Grantor acknowledges that Grantee has not made any representation or warranty as to the suitability of the Conservation Area for the Grantors planned use, nor that any required or applicable ;permits or approvals will necessarily be obtained to carry out the permitted uses. IV PUBLIC ACCESS. The Conservation Restriction hereby conveyed does not grant to the Grantee, to the general public, or to any other person any right to enter upon the Premises or the Conservation Area except there is granted to the Grantee and its representatives the right to enter the Conservation Area at reasonable times and upon reasonable notice, and in a reasonable manner for the purpose of inspecting the Conservation Area to determine compliance herewith. V. LEGAL RIGHTS AND REMEDIES OF THE GRANTEE I A. Legal and Injunctive Relief. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Conservation Area to its condition prior to the time of injury complained of (it being agreed that the Grantee may have no adequate remedy at law), and shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee; provided, however, that prior to instituting litigation to enforce any violations of this Conservation Restriction, the Grantee shall first notify the Grantor and request the Grantor to remedy the violation; if the violation is not remedied within sixty days, then the parties shall make a good faith effort to mediate the dispute before litigation is commenced. B. Grantee Disclaimer of Liability. By its acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Conservation Area, and it is expressly understood that Grantee assumes no burden of 4 20090224 July 21 Conservation Restriction A 09-17-09 final blackline enforcement or other affirmative action with respect to the Conservation Area for itself or its successors and permitted assigns. C. Severability Clause. If any provision of this Conservation Restriction shall to any extent be held invalid, the remainder shall not be affected. D. Non-Waiver. Any election by the Grantee as to the manner and timing of its rights to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. E. Acts Beyond Grantor's Control. Nothing contained in this Conservation Restriction shall be construed to entitle Grantee to bring any action against Grantor for any injury or to change in the Conservation Area resulting from causes beyond the Grantor's control, including but not limited to, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Conservation Area resulting from such causes. VI. ASSIGNABILITY. A. Running of the Burden. The burdens of this Conservation restriction shall run with the Premises of which it is a part in accordance with relevant Massachusetts Law, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. B. Execution of Instruments. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the enforceability of this Conservation Restriction. C. Running of the Benefit. The benefits of this Conservation Restriction shall be in gross and shall not be assignable by the Grantee, its successors and assigns unless Grantor consents in writing (which consent shall not be unreasonably withheld) and unless the assignee is a "qualified organization" as defined in Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, including without limitation, a governmental entity, provided that, as a condition of such assignment, the assignee is required to,hold this Conservation Restriction and enforce its terms for conservation purposes. The Grantee shall also comply with the provisions of Article 97 of the Amendments to the Massachusetts Constitution, if applicable. VII. EXTINGUISHMENT; EMINENT DOMAIN. A. Grantee's Receipt of Property Right. The Grantor, its successors and assigns, and Grantee agree that the donation of this Conservation Restriction gives rise for the purpose of this paragraph to a real property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value this Conservation Restriction determined at the time of the gift bears to the value of the unrestricted Premises at that time. 5 20090224 July 21 Conservation Restriction A 09-17-09 final blackline B. Value of Grantee's Property Right. Such proportionate value of the Grantee's property right shall remain constant. C. Right of Grantee to Recover Proportional Value at Disposition. If any occurrence ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then the Grantee, on a subsequent sale, exchange or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds equal to such proportionate value, subject, however, to any applicable law which expressly provides for a different disposition of proceeds. D. Grantor/Grantee Cooperation regarding Public Action. Whenever all or any part of the Conservation Area, or any interest therein is taken by public authority under power of eminent domain, or other act of public authority, then the Grantor and Grantee shall cooperate in recovering the full value of all direct and consequential damage resulting from such action. E. Allocation of Expenses Upon Disposition. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and the Grantee in shares equal to such proportionate.value. F. Continuing Trust of Grantee's Share of Proceeds of Conservation Disposition. The Grantee shall use its share of the proceeds in a manner consistent with the conservation purposes of this grant and in accordance with M.G.L. c. 44, §63. VIII. SUBSEQUENT TRANSFER. The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument by which they divest themselves of any interest in the Premises in accordance with the terms and conditions of the Agreement for Judgment recorded on October 15, 2004 with the Barnstable County Registry of Deeds in Book 19134 Page 195 and a variance recorded on August 24, 2009 in said registry in Book 23986 Page 110 IX COOPERATION. Upon request by the grantor, the Grantee shall within thirty (30) days execute and deliver to the Grantor any document, including an estoppel certificate in recordable form, which certifies the Grantor's compliance with the terms and conditions of this restriction. Upon request by the Grantee, the Grantor shall within thirty (30) days execute and deliver to the Grantee any document, including in recordable form, which is necessary to attain or maintain this Conservation restriction. 6 20090224 July 21 Conservation Restriction A 09-17-09 final blackline I ' X. EFFECTIVE DATE. This Conservation Restriction shall be effective when the Grantor and Grantee have executed it and it has been recorded in the Barnstable County Registry of Deeds. XL AMENDMENT. The Grantor and Grantee may by mutual consent amend any term or provision hereof provided that this Conservation Restriction as thus amended complies with the then applicable requirements of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts; and any Conservation Restriction Program of the Town of Barnstable, or any successors thereto, and provided that any such amendment, together with any necessary approvals to its effectiveness, shall be recorded with the Barnstable Registry of Deeds. Any amendment shall be consistent with the purposes of this Conservation Restriction and the Agreement for Judgment in Superior Court C.A. No. 02-710, and shall not diminish the conservation values cited herein and shall not effect its duration. XII. MISCELLANEOUS. Acceptance of the gift and grant of this Conservation Restriction pursuant to by any municipal officials is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. Executed as a sealed instrument this day of September, 2009. THE M IT BA by: Peter . C in, Vice President 7 20090224 July 21 Conservation Restriction A 09-17-09 final blackline COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. On this the 30 4;' day of September, 2009, before me, the undersigned notary public, personally appeared Peter J. Curtin, Jr., as aforesaid, proved to me through satisfactory evidence of identification which was personal knowledge to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it for its stated purpose as Vice President of The Community Bank. otary Publ' e��frly S. f�r��►uei+ �;;° 31? �'= My commission expires: ►.`3, ' � �.`�1��� Jan• 2 OF APPROVAL BY TOWN OF BARNSTABLE ''* ,��' ►lllll lI IIl111!!� The above Conservation Restriction is hereby accepted by the Barnstable Conservation Commission this day of 32009, by: Dennis Houle, Chairman AUTHORIZATION BY TOWN COUNCIL The above Conservation Restriction was accepted by the Council of the Town of Barnstable by vote on the day of ) 2009. By Council President 8 20090224 July 21 Conservation Restriction A 09-17-09 final blackline I COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. Date: On this the day of , 2009, before me, the undersigned notary public, personally appeared Peter J. Curtin, Jr., as aforesaid,proved to me through satisfactory evidence of identification which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it for its stated purpose. Notary Public My commission expires: APPROVAL BY TOWN OF BARNSTABLE The above Conservation Restriction is hereb accepted by the Barnstable Conservation Commission this_ 5 day of '% , 2009. by: AA 4 4" )L-itt 00 Dennis Houle, Chairman AUTHORIZATION BY TOWN COUNCIL The above Conservation Restriction was accepted by the Council of the Town of Barnstable by vote on the 17th day of September 2009. By Frederick Chirigotis, Co un it resident COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. On this day of ® , 2009,before me, the undersigned notary public, personally appeared Frederick Chingotis, proved to me through satisfactory evidence of identification,which was "that o be the person whose name is signed on the preceding or attached document,and ackno ledgedto ma signed it voluntaril for its stated �Lpurpose. ' Notary Public BARBARA ANN FORD NOTAP My Commission Expire' ' MVC MI&SION EXPIRES 8 AUGUST 1,2014 20090224 July 21 Conservation Restriction A 09-17-09 final blackline r EXHIBIT A SEC dT'I®let ®F 1'1�li�SES The land in Barnstable, Barnstable County, Massachusetts,bounded and described as follows: PARCEL I BEGINNING at the Southwest corner of the premises to be conveyed and bounded SOUTHERLY by the Northern boundary of the New York,New Haven Railroad Co. right of way; EASTERLY by the extension of the Easterly line of land now or formerly of Charles P. Kimball; NORTHERLY by a ditch and land formerly of the heirs of William Crocker; and WESTERLY by the extension of the line of the stone wall which runs Northerly from the State Highway, Route 6A, and which forms the westerly boundary in part of said other land now or formerly of Charles P. Kimball. PARCEL II SOUTHERLY by New York, New Haven &Hartford Railroad, and land formerly of Edgar Jones; EASTERLY by land now or formerly of Clara E. Foote and others; NORTHERLY by Barnstable Harbor; and WESTERLY by a stone wall at other land of William H. Lewis, III, which is known as the stone wall at the Westerly boundary of the "Orchard Lot" and as it is extended. 1 PARCEL III A certain parcel of swamp land in (West) Barnstable, Barnstable County, Massachusetts, being situated on the North side of the railroad track; and bounded and described as follows: BEGINNING at the Southeast corner of the premises hereby conveyed: THENCE running Westerly by a wall and by other land now or formerly of Edgar A. Jones and land now or formerly of heirs of William Crocker by a rail fence to other land now or formerly of William Crocker's heirs; THENCE Northerly by the fence and land now or formerly of said Crocker's heirs about ten (10) rods to a row of stakes; THENCE Easterly by said row of stakes to the old road; THENCE Southerly by said road to the point of beginning. Parcels I and 11 being the same premises shown on a plan entitled "Plan of Land in (West) Barnstable, Mass. Prepared for B.W.C. Ellis" dated October 17, 1985 and recorded in Barnstable Plan Book 406, Page 30. Being the same land described as "Parcel B" in a Massachusetts Foreclosure Deed by The Community Bank recorded at the Barnstable County Registry of Deeds in Book 23545 Page 96— 102. 2 ' • ASSTSSORS YwP III P4ACCL5 024000 h 0741W LOC�"'•^ Ow rR Of RLCO.O. '�../ RMRUAO TMS SURVEY KAIAu H LCMS R _y.•t�-4-4-4 I- K COAIR 60 NAS IIIC POOmppl(S S[T PAIN SIRCCI BOARD o 250 CI+R 604 AS CS`ABT I. 'CD BY THE "CST BARNSTARIF,w BOARD OF RLCISTRATION Oi PRVCSSION A 0)7 AND LAND SURVEYORS 'k CNGHCER$ 1 DECO BOOK 6360 PACL I77 � RWIC 6A 1• RAH 000K 457 PACC • 20M40. Ri CA'C COD rRpNTACC.1w �•' COu-UNITY i AREA- /3560 S7• COLIrCC _ I- Rcc I'ROTEC RON O9EPLAYOISIRICT • _I SETBACKS. rROHr_ . T� EXIT 6 SIDE - 1� ' REAR 15- .. - R000 20NE5 'C'BARNSTABLE .. - COuuv-ry PANEL OOU p I5GOt LOCVS MAP SCALE 1-. 1000' AA.Y 7.1992 ART— F.CLARK ET AL • - •• - ' DECO BOOK 7075 PAGE 42 I 5 65'03'S0'w 413.51'(COWPUTA N uNE) ' :Jo-w. or(CO"pu Ecc of ` APp,lok ED no,,(TNC) m I n O N ) NAR 118.t1 1 S+1 Cep LWE I c :oo yo tI'V 4 co NSIABLE LAND 1 _ uco I W T -� RUST INC. I CAuPJ,J a jC" t 9993 P0. I85( 9 r` �� SK. 152 PC. 55 i , S 0841'21'20'INI g BAYSIOC rvHoD 0 INC. Z +, PARCEL 3 ' 6916 P. K9 h V y}av�llL DA''SK)C ruko,NC INC g 5.641 ACRES „ - `J E 1 N) \ \ 0 0 PARCCLS I Wo ROOK 6916 PACE B9 _ PLAN BOOK 406 PACE 30 o 1 0 p IL. L`6J9.73' ^ o rn ON FHD h R'.S 7O4 p0O L�178 p H�= W - 1 I I ? a�, (AsKESM �PttA�Ck5QS9NCr2�; - , C LGCKED Kit. _ �.1, 79p I ACC1:55 CA 1- L'yfEYA�A7E POS fS Rai734,4p. r' vLaiT Twa y 1.EIISTWC ST CASCy[Hi` 6C1`IC�. (; C"8�f.37' S B47o'?p•C HC 9CH5 S W7o'2.' 29E.94 I �AISPHACT k pNC ~R.T1E)Czzz1.�'$ BAY PROPOSED IB"wtDC 1 utNSJT AUT.YORITY �a o 20' CROSSK ST.4..1956408. L N fDS•4 t y RO.w 0.9. 807 P, z " "t (CEHTERCD) 2 N; J36.21t.-H 94],p•2fNfEb RAT(ag0.�)-1' w 1IF L_ '! T vI 1 D92LLIRC I5'140E 40.0p' Iq e T (APPROX, UTI(ITY CASEu[NT 70454' 1T o ro LOCATION) CHARLEg► tROCKEW Y I C.Jo Ir I r--� W v OKLLING �•29' . I I � R a � (APPROx, ( 1 A.M.Wilson Associates Inc. LETTER OF TRANSMITTAL TO: P�� �e ,¢ sue. DATE: C9,9 &or FILE NO: 2 io s-a - RE: We are sending you the following items(s): Copies Date Description COMMENTS: /'2 /3 1-;7- i za_ /c,s v� Please do not hesitate to call us with any questions. If enclosures are not as noted, kindly notify us at once. Signed 20 Rascally Rabbit Road Unit 3 508 420-9792 Marstons Mills, MA 02648 FAX 508 420-9795 A4 WU�� BUILDER INFORMATION Name . /c/�'P�/LL Telephone Number Sw- Address ✓� /��W P� 400-k License# �d Z/ .S aOW -4 Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PRQJECT WILL BETAKEN TO ow, SP, oceo, SIGNATURE DATE / d� TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 7Hea 1 Parcel ®d Permit# �6 Division ' i Date Issued 5 vation Division �i 7 $ P��'a A&V lV ® e lector ��� ���4er Planning Dept. Checked in By Date Definitive Plan Approved by Planning Board Approved By a,. O Historic-OKH Preservation/Hyannis Project Street Address Village L •�i ,f� .��G�� Owner /O Address Telephone I Permit Requester / �' Gr— Mle.Vf dul9a OWLY) AW 14 glk J�Wo_- A�aM6- fkO"&Y Wgek I-eM r�f iG _ v ALL w,WA 0 Al k to me Jfkdel. Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total newzI�t/_' Valuation Zoning District Flood Plain Groundwater Overlay Construction Type C�G�� ��11� Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: Yes ❑No Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new C_ First Floor Room Count Heat Type and Fuel:XGas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name Telephone Numberd�. � f .�— � �': ter'• Address �� �l� License# > ` s Home Improvement Contractor# Worker's Compensation# r ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO SIGNATURE ��./ DATE FOR OFFICIAL USE ONLY PERMIT NO. i U . -,,.,DATE ISSUED a 1 MAP/PARCEL NO. ADDRESS VILLAGE— OWNER" DATE OF INSPECTION: 1 FOUNDATION FRAME 4 INSULATION FIREPLACE - ELECTRICAL- -,nCiR�OU GH FINAL r , PLUMBING: ROUGH FINAL . GAS: ROUGH FINAL - ► FINAL BUILDING } k' DATE CLOSED OUT ASSOCIATION PLAN NO. c ACORD,,' CERTIFICATE OF LIABILITY INSURANCE D08/01/200YY) 08/01/2005 PRODUCER (508)428-0440 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MARK W SYLVIA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 969 MAIN STREET HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OSTERVILLE, MA 02655 _I II NSURERS AFFORDING COVERAGE INSURED wsURERA: UNITED CASUALTY INSURANCE CO HOWARD A WOOLLARD LNSURERB: PO BOX 263 INSURERC: BARNSTABLE, MA 02630 I INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN S R AD`D�LPOLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LT I LIMITS GENERAL LIABILITY LEACH OCCURRENCE !$ C_O_MMERCIALGENERALLIABILITY DAMAGETORENTEO — ----- PREMISES(Ea occurence) $ J CLAIMSMADE E OCCUR I ( _MEDEXP(Any o_neperson) $ - .-- -- - -- _____ _ I i PERSONAL&ADV INJURY i $ GENERAL AGGREGATE $ GE_N'L AGGREGATE LIMIT APPLIES PER: . I PRODUCTS,COMP/OP AGG $ _ PRO, i i----- — •-------_.--- - ------- (�I POLICY I JECT Ll LOC ANY AUTO ! (EaaccideD)SINGLE LIMIT $ -- - - -- _ AUTOMOBILE LIABILITY i ALL OWNED AUTOS - _ BODILY INJURY SCHEDULEDAUTOS (Per person) I4 HIRED AUTOS I BODILY INJURY I _ ! NON)OWNEDAUTOS I (Per accident) $ r'PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTOONLY,EAACCIDENT j $ ANY AUTO I OTHERTHAN EAACC $ AUTOONLY: AGG $ [El CESS/UMBRELLA LIABILITY EACH OCCURRENCE1—7 i.$ J OCCUR —J CLAIMS MADE AGGREGATE $ DEDUCTIBLE I $ iRETENTION � ------- —,'-$ — - ——--- ---- I ' WORKERS COMPENSATION AND WCSTATU, 'OTW � i EMPLOYERS'LIABILITY - ANY PROPRIETOR/PARTNER/EXECUTIVE J ! - E.L_._EACH_ACCIDENT $ OFFICER/MEMBER EXCLUDED? DISEASE)EA EMPLOYEEI$ I If yes,describe under E.L. I SPECIAL PROVISIONS below E.L.DISEASE,POLICY LIMIT 1 $ j OTHER X STREET PERMIT BOND 3020 8-1-05 8-01-06 5,000 STREET PERMIT BOND I � I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 67 PILOTS WAY WEST BARNSTABLE MA 02668 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN TOWN OF BARNSATBLE NOTICE TO THE CERTIFICATE H ER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 200 MAIN STREET IMP SE NO OBLIG N OR LI IL' OF Y KIND UPON THE INSURER,ITS AGENTS OR HYANNIS MA 02601 RE ESEN IVE . AU OR S I I J ACORD 25(2001/08) ACORD CORPORATION 1988 F Town of Barnstable o� Regulatory Services. snnxsteBr E. _ Thomas F.Geller,Director �bA ,a;: ��.� Building Division yea x►r't Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Mee: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE ?Z 19 O� _ JOB LOCATION— 4!� 7S number . street village 7- lms R Re�tG -ass-osa� sad-13?.ems' .�xOla>rOwN>rx: -- name / 01 home phone# work phone# CURRENT MAMWO ADDRESS: �D. v C 49/ city/town state up code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINMON OF HOMEOWNER Persons)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the bu ildiniz permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimirn inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Home Approval of Building Official Note: Three-family dwellings containing 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 provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are 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 he/sbe understands the responsibilities 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 I The Commonwealth of Massachusetts Department of Industrial Accidents 02 Office.of Investigations 600 Washington Street Boston,MA 02111 y www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Leiibly Name (Business/Organization/Individual): Address;jaS' PO 903C /C);' City/State/Zip::� � � /#14.•4��/A..Phone Jd/�Y D/?hPi/� S . Are you an employer? Check the appropriate box:. Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I 6. [✓ New construction employees (full and/or part-time).* have hired the sub-contractors 2.El I am a sole proprietor or partner- listed on the attached sheet 7 ❑ Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition working for me in any capacity. workers' comp.insurance. 9. ❑ Building addition [No workers' comp.insurance 5. ❑ We are a corporation and its 10.0 Electrical repairs or.additions required.] officers have exercised their 3.[ I am a homeowner doing all work_.. -right of exemption per MGL 1'1-❑ Plumbing repairs or additions myself.[No workers' comp. C. 152,§1(4), and we have no 12.❑ Roof repairs insurance required.].t _ employees. [No workers 13.❑ Other camp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information '• ' t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp:policy information. I am an employer that is providing workers'compensation insurance for my employees.'Below is the policy and job site. information. - Insurance-Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to.secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$.1,500,.00 and/or one-year imprisonment, as well as,civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to.the Office of . Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct Signature:•.1� Date: Phone#: Official use only. Do not write in this area,to be completed by city,or town official City or Town: PermhUcense# Issuing Authority(circle one): 1.Board of Health 2..Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Information and Instructions. Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. pursuant to this statute, an employee ` is defined as ...every person in the service of another under any.contract of hire, express or implied,oral or written. « association,Mporationor other legal entity,or any two or more An employer is defined a$._an indiviOA.-pamper lup,: . . . . . of the foregoing.engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity, employing employees. Howev.,er.the owner of a dwelling house having not more than three apartments and who resides therein, or,.the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair workbn such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer.". MGL chapter 152,§25C(6)also states that"every sate or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in thecomnnonwealfh`for any applicant who has not produced acceptable evidence-of compliance with the insurance coverage required." 152 ter , states"Neither the-commonwealth nor any of its,political subdivisions shall Additionally,MGL chap .. §25C(� enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if. necessary,supply sub-contractors)name(s),address(es) and phone number(s) along with their certificates)of d Liability Partnerships(LLP)with no employees other than the insurance. Limited Liability Companies(LLC)or Limite ers' compensation insurance. If an LLC or LLP does have members or partners; are not required to carry work advised that thus affidavit may be submitted to the Department of Industrial employees, a policy is required. Be Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain.a workers' compensationpolicy,please call the Department at the number listed below.. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials . Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bott tom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the app applicant' Please be sure to fin in the permit Ecense number which will be used as a reference number. In addition, an that must submit multiple permit4icense applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"Ilie applicant should write"all locations in (city or town)."A copy of the.affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is-on file for:future permits-or-licenses..Anew affidavit must be filled out.each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (ie. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit The Office of Investigations would hike to thank you in advance for.your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and.fax number: The Commonwealth of Massachusetts . of Industrial.Accidents Department ..Office 9f jnvestigations 600 Washington Street Y Boston,MA 02.11 L. Tel.#617-727-4900 ext 406 or'1-877-MASSAFE Fax#617-727-7749 Revised 5-26-05 vvr%v.mass.gov/dia Affidavit of Substantial Financial Interest of on oath depose and state ollows:. 1, 1 am an applicant for a building permit for the property located at Map_, Parcel The address of the property is 2. 1 have % legal or equitable interest in the real property which is'the subject of the building permit application which is identified in paragraph 1 above. 3. Within in the last twelve months from today's date, which is t in following individuals or entities have had a 1% or greater legal or equitable interest the real property which is the subject of the building permit application which is identified in paragraph 1 above: Name Address 4. Within the last twelve months, from today's date, which is , I have had a 1% or greater legal or equitable interest in the following properties which have been the subject of a building permit application: Map/Parcel Address 5. Within this calendar year, I have submitted _� building permit applications for property in which I have a 1% or greater legal or equitable interest. g. Within the last ten days, I have submitted Q building permit applications for property in which I have a 1% or greater legal or equitable interest. 7. Within this month, I have submitted 0 building permit applications for property in which I have a 1% legal or equitable interest. 8. Within this month, I have received O building permits for property in which I have a 1% legal or equitable interest. Signed under the pains and penalties of perjury, this /F day of AKAi 2005� g p p p j rY, _ - 2001-0050/affin 1 Q/LOTTERY/AFFIDAVIT L r — - RESIDENTIAL BUILDING PERNUT FEES `APPLICATION FEE New Buildings $100.00 Residential Addition $50.00 Alterations/Renovations $50.00 Change of Contractor/Builder $25.0.0 FEE VALUE WORKSHEET NEW LIVING SPACE —7 -7 square feet x$96/sq.foot /0 ZS x.0041= plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot= x.0041= plus from below(if applicable) GARAGES(attached&detached) square feet $32/sq.ft._(� � x.0041= ACCESSORY STRUCTURE>120 sq.ft. >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf- 1500 sf 100.00 >1500 sf-Same as new building permit: square feet x$96/sq.foot= x.0041= STAND ALONE PERMITS Open Porch x$30.00= (number) Deck x$30.00= (number) Fireplace/Chimney x$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) Permit Fee Projcost Rev:063004 r r%� r4 . Bk 19018 P037 T711 r1 a`i 02:4 5P -,—.__QUITCLAIM DEED I, William H. Lewis III, individually, of Barnstable, Barnstable County, Massachusetts o in consideration of $300,000.00 (Three Hundred Thousand and no/100 Dollars) 0 4 r. grant to Thomas R. Reilly, Trustee, Reilly Family Nominee Trust °' u/d/t dated March 1, 2004 recorded with Barnstable Deeds in Book Page _, of 25 Harwich Road, P.O. Box 1021, Sou h Orleans, Barnstable County, Massachusetts 02662 WITH QUITCLAIM COVENANTS, (a a certain parcel of land situated in Barnstable, Barnstable County, Massachusetts, bounded and described as follows: ro 3 U) SOUTHERLY by the New York, New Haven and Hartford Railroad o Company land; a WESTERLY by land now or formerly of Arthur F. Clark and � now or formerly of John C. Hall, 2d; k NORTHERLY by Salt Marsh at Barnstable Harbour; and H w EASTERLY by land now or formerly of Allan P. Tabor, Jr. 04 0 x as Containing an area of 202,715± square feet as shown on a plan of land entitled `Plan of Land in (West) Barnstable, Mass. prepared for Marjorie Handy, Scale: 1"=40' dated May 1, 1989 by Arne H. Ojala RLS" recorded at Barnstable County Registry of Deeds, Plan Book 459, Page 41. Together with a right of way for all purposes for which ways are commonly used in the Town of Barnstable over the present existing Way to and from the granted premises and the State Highway, and together with the right to maintain utilities in said Way. MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Data: 09-09-2004 8 02:45an 00'000100E$ %SU03 00`#89$ :e8A _1_ Ctit: 1809 Doc:: 71151 TSTTL 0:000 608T :`.113 Fee: 0426.00 Cons: t300000.00 ed9#:Z0 @ *OOZ-60-60 :aqua S0330 30 ANISI938 AiNnGO 319VISHNVO XVI 3SIOX3 AIN= 319VISNSVO r d Bk 19018 Pg 38 #71151 Also together with a right of way over the existing way over the above described premises to be used in common with others entitled thereto and from the land of the New York, New Haven and Hartford Railroad Company and the marsh on the north side of the above described premises below high water mark. For my title see Deed to me from Marjorie C. Handy, dated October 19, 1992, recorded in Barnstable County Registry of Deeds, Book 8260, Page 172. Witness my hand and seal this 8th day of September, 2004 . F 1 William H. Lewis III Commonwealth of Massachusetts County of Barnstable On this 8th day of September 2004, before me, Jane F. Davis, the undersigned Notary Public, personally appeared William H. Lewis III, proved to me through satisfactory evidence of identity, which was Massachusetts Drivers License, to be the person whose name is signed on the above document, and acknowledged to me that he signed it voluntarily for its stated purpo e. PJAA J. of r P lic J e F. Davis Commission Expires: 10/31/08 JANE F.DAVIS Notary Mas Commonwealth off Massechusetls *ConvnWm Exres Oct 31,2W8 i 4 ..2_ i BARNSTABLE REGISTRY OF DEEDS r-- ,> BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number: CS 015834 s � Birthdate: 10/30/1944 u Expires: 10/30/2005 Tr.no: 6048 F Restricted: 00 • 4 HOWARD W WOOLLARD :• PO BX 263 3219 MAIN ST r BARNSTABLE, MA 02630 Administrator �ie�emvirao�wrea� �✓��i Board of Building Regulations and Standards HOME IMPROVEMENT CONTRACTOR Registration: 106615 Expiration 7/29/2006 TYPe Individual HOWARD W.WOOLLARD_ '.f6i i6rd Woollard: 2?6 CENTER STREET Yi1 OUTHPORT MA 02675 Administrator A C . I 11AScheck COMPLIANCE REPORT I i Massachusetts Energy Code I Permit # I MAScheck Software Version 2.01 I I I 1 1 Checked by/Date I I I CITY: Barnstable STATE: Massachusetts HDD: 6137 CONSTRUCTION TYPE: 1 or 2 Family, Detached HEATING SYSTEM TYPE: Other (Non-Electric Resistance) DATE: 7-19-2005 COMPLIANCE: PASSES Required UA = 164 Your Home = 144 Area or Cavity Cont. Glazing/Door Perimeter R-Value R-Value U-Value UA ------------------------------------------------------------------------------- CEILINGS 608 30.0 0.0 21 WALLS: Woad Frame, 16" O.C. 697 13.0 0.0 57 GLAZING: Windows or Doors 86 0.330 28 FLOORS: Over Unconditioned Space 768 19.0 0.0 36 HVAC EQUIPMENT: Furnace, 84.0 AFUE ------------------------------------------------------------------------------- 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 requirements of the Massachusetts Energy Code. The heating load for this building, and the cooling load if appropriate, has been determined using the applicable Standard Design Conditions found in the Code. The HVAC equipment selected to heat or cool the building shall be no greater than 125% of the design load as specified in Sections 780CMR 1310 and J4.4. Builder/Designer Date MAScheck INSPECTION CHECKLIST Massachusetts Energy Code 0AScheck Software 'Version 2.01 DATE: 7-19-2005 Bl,dg. 1 Dept• 1 Use I I I CEILINGS: I 1 1• R-30 I Comments/Location I I WALLS: E I 1 1• Wood Frame, 16" 0•C•, R-13 I Comments/Location I I WINDOWS AND GLASS DOORS: E I 1 1. U-value: 0.33 1 For windows without labeled U-values, describe features: I # Panes Frame Type Thermal Break? Q 3 Yes Q 3 No I Comments/Location I FLOORS: E I 1 1. Over Unconditioned Space, R-19 I Comments/Location I I HVAC EQUIPMENT: I 1 1• Furnace, 84.0 AFUE or higher I Make and Model Number I I AIR LEAKAGE: Q 3 1 Joints, penetrations, and all other such openings in the building I envelope that are sources of air leakage must be sealed. When I installed in the building envelope, recessed lighting fixtures I shall meet one of the following requirements: 1 1. Type IC rated, manufactured with no penetrations between the I inside of the recessed fixture and ceiling cavity and sealed or I gasketed to prevent air leakage into the unconditioned space. 1 2• Type IC rated, in accordance with Standard ASTM E 283, with no I more than 2.0 cfm (0.944 L/s) air movement from the the I conditioned space to the ceiling cavity. The lighting fixture I shall have been tested at 75 PA or 1.57 lbs/ft2 pressure I difference and shall be labeled. I I VAPOR RETARDER: C I I Required on the warm-in-winter side of' all non-vented framed I ceilings, walls, and floors. I I MATERIALS IDENTIFICATION: E I I Materials and equipment must be identified so that compliance can I be determined. Manufacturer manuals for all installed heating I and cooling equipment and service water heating equipment must be I provided. Insulation R-values, glazing U-values, and heating I equipment efficiency must be clearly marked on the building plans I or specifications. r .. I I DUCT INSULATION: L I I Ducts shaft be insulated per Table J4.4.7.1• I I DUCT CONSTRUCTION: I I I All accessible joints, seams, and connections of supply and return I ductwork located outside conditioned space, including stud bays or I joist cavities/spaces used to transport air, shall be sealed I using mastic and fibrous backing tape installed according to the I manufacturer's installation instructions. Mesh tape may be I omitted where gaps are less than 1/8 inch. Duct tape is not I permitted. The HVAC system must provide a means for balancing I air and water systems• Ir I TEMPERATURE CONTROLS: 13 1 Thermostats are required for each separate HVAC system• A manual I or automatic means to partially restrict or shut off the heating I and/or cooling input to each zone or floor shall be provided. i I HVAC EQUIPMENT SIZING: I I I Rated output capacity of the heating/cooling system is I not greater than 125% of the design load as specified I in Sections 780CMR 1310 and J4.4• I I I I SWIMMING POOLS: I All heated swimming pools must have an on/off heater switch and I require a cover unless over 20% of the heating energy is from I non-depletable sources• Pool pumps require a time clock• I I I I HVAC PIPING INSULATION: I HVAC piping conveying fluids above 120 F or chilled fluids I below 55 F must be insulated to the following levels (in.) : I I PIPE SIZES (in.) I HEATING SYSTEMS: TEMP (F) 2" RUNOUTS 0-1" 1.25-2" 2-5-4" 1 Low pressure/temp. 201-250 1.0 1.5 1.5 2.0 1 Low temperature 120-200 0.5 1.0 1.0 1.5 1 Steam condensate any 1.0 1.0 1.5 2.0 1 COOLING SYSTEMS: I Chilled water or 40-55 0.5 0.5 0.75 1.0 i refrigerant below 40 1.0 1.0 1.5 1.5 1 I 1 1 CIRCULATING HOT WATER SYSTEMS: I Insulate circulating hot water pipes to the following levels (in.) : i PIPE SIZES (in•) I NON-CIRCULATING I CIRCULATING MAINS & RUNOUTS I HEATED WATER TEMP (F) : RUNOUTS 0-1" 1 0-1.25" 1.5-2.0" 2.0+" 1 170-180 0.5 I 1.0 1.5 2.0 1 140-160 0.5 1 0.5 1.0 1.5 1 100-130 0.5 I 0.5 0.5 1.0 I ----NOTES TO FIELD (Building Department Use Only)------------------------- I r BARNSTABLE FIRE DEPARTMENT ;;gyp.,.-----.,o,••... ;y su .s•. 3249 Main Street—P.O. Box 94 ;0 :W.. ' 1927 y= Barnstable,Massachusetts 02630 * ' ..... 508-362-3312 Sac"�s FAX: 508-362-8444 Robert M.Crosby Christopher J.Olsen FIRECHIEF Deputy Chief rcrosby@barnstablefire.org Golsen@barnstablefire.org May 1, 2007 To: Whom it may concern: Subject: Pilot's wayy}{ Please note afte many conversation�wrthIthe buldmg.department,mspectors and xa a� 41 several vssits,to.p lot srway The BarnstabTle"FireDepartmAg� ent to th s dateiis sat sfied with the condition of Pilots way! ranee,roadway Land access to and outof,67/,Pilot,s way. The conditions still stand on keeping this,roadway Je aka, �l2"feet n1width cleared with no over hanging branches ' The su`rface'sho�uld also be'hard packed surface and maintained to facilitate movement of large apparatus Respectfully submitte , Christopher J. Olsen Deputy Fire Chief r www.bamstablefire.org e , i • i 1 � TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map ��� Parcel '� Permit# S Health Division QM 6 -+ p Date Issued Conservation Division , 14 �o_�_, � '� ® �� ���N Fee ,4-7 -76 Rev , 0 Tax collector Application Fee Treasurer � , SEPTIC^SYSTEM MUST BE `' iNSTA1.LED{N COMPLIANCESA, Planning Dept. VTM�ES(:hecked in By Date Definitive Plan Approved by Planning BoardRO �'� �roNe d By REGULAT Al Historic-OKH Preservation/Hyannis Project Street Address t� - Village 6 2y�S�/ 11`�, Owner ,7o li4 eel-KI-f! Address �01 .'aox /0,;/ �� Telephone Permit Request S-40,6L _e /5e��/CY �ef g, ------------ Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total newszbl aluation fZ0 cA2-c-?. &t6oning District Flood Plain Groundwater Overlay Construction Type .5/GAG Lot Size I de� ' 7 4 C-, Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Lli/**� Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes 0 No On Old King's Highway: Ga'Yes ❑ No Basement Type: 11d"Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing new o� Number of Bedrooms: existing new ;4'eAE Total Room Count(not including baths): existing new�_ First Floor Room Count -F.f 1- / `^ Heat Type and Fuel: I Gas 0 Oil ❑ Electric ElOther z� _ _c•�� Central Air: Cl Yes O No Fireplaces: Existing New Existing wood/coal s4. f*ve:'_❑Yes e0 No_ Detached garage:❑existing Oiew size Pool: O existing ❑new size Barn:❑exist' g new size Attached garage:0 existing WI ew size 3Co�f;6 Shed:0 existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ n� Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use BUILDER INFORMrNumbe�Fr _QWb?11_ Name U/� P/�G TelephAddress O/�O�-� Licens /lam- Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING TROM THIS PROJECT WILL BE TAKEN TO SIGNATURE _fir DATE J FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL'NO. ADDRESS VILLAGE ' OWNER f b�•r'a t DATE OF INSPECTION:. FOUNDATION! Pr FRAME t� Aq4tw L 0 le-- INSULATION •, E t _ Alp --q , FIREPLACEtr ELECTRICAL: ROUE q C3 O FINAL ' ca Q E`a I PLUMBING: ROLIGHn FINAL GAS: , ROUGH FINAL FINALiBUILDING DATE CLOSED`OUT y t ASSOCIATION PLAN NO. j S 1 ne.t,ommonweattn of massacnusens Department of Industrial Accidents Office.of Investigations ' a 600 Washington Street Boston,MA 02111 i fvww.massgov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Nagle (Business/orga=ation/Mvidual): Address: )0(;7 /, � 1�G j PC7 City/state/Zip: . U�,� 011i(F�, '-S' /4 Phone#: CA�r� Are you an employer? Check the-appropriate box:. Type of o construction 'ect(required): 1.❑ I am a employer with 4. El am a general contractor and I 6. New employees(full and/or part-time).* have hired the sub-contractors 2.❑ ? RemodelingwconI am a sole proprietor or partner- listed on the attached sheet 1 ❑ ship and have no employees These sub-contractors have 8. ❑ Demolition working for mein any-capacity. workers' comp. insurance. 9, ❑ Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its equired.] officers have exercised their 10.❑ Electrical repairs or.additions 3. am a homeowner doing all work right of exemption per MGL ll.❑ Plumbing repairs or additions myself. [No workers' comp. C. 152,§1(4),and we have no insurance required.] t employees. [No workers'' 12.❑ Roof repairs comp.insurance required.] 13.❑ Other *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information: F t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees.'Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic. #: Expiration Date:_ Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to.secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500,.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of Investigations of the DIA for insurance coverage verification. ------------ I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct Signature Dater- Phone#: "_• Official use only. Do not write in this area,to be completed by city.or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Ele 6. Other ctrical Inspector 5.Plumbing Inspector - Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written. An employer is defined ws"_an individaal,,Partnerslup;:association, Corporation or other legal entity,or any two or more f of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,Partnership, association or other legal entity,employing employees. However:the owner of a dwelling house having not more than three apartments and who resides therein, or.the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair woikvu such dwelling house thereto shall not because of such employment be deemed.to be an employer." or on the grounds or building appurtenant MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the ur members or partners; are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that thus affidavit may be submitted to the Department of Industrial Accidents for confirm ation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should own that the application for the permit or license is being requested, not the Department of city or t aPP , be returned to the ty obtain a workers r if you are required to questions regarding the law o y q Industrial Accidents. Should you have any q g g compensation policy,please call the Department at the number listed below.. Self-insured companies should enter then self-insurance license number on the appropriate line. City or Town Officials . Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as roof that-a valid affidavit is on file for:future permits or licenses..A new affidavit must be filled out.each year.where a home owner or citizen is obtaining a license or permit ermit not related to any business or commercial venture yea (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and.fax number. The Commonwealth of Massachusetts . Department of Industrial.Accidents Office of investigations . ,. 600.Washington Street . Boston,MA 02111. Tel. # 617-727-4900 ext 406 or-1-977-MASSAFE Fax#617-727-7749 Revised 5-26705 w"ww.mass.gov/dia r Affidavit of Substantial Financial Interest •J t 7�I of R �-P ��� � , on oath depose and state as follows:. applicant for a building perrmit for the property l , Parcel 1. I��-:arrrn..an app i �ocated at Map--The address of the property is 'L 2. 1 have • OLO % legal or equitable interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above. 3. Within in the last twelve months from todayyis date, which is 3 , the following individuals or entities have had a 1% or greater legal or qu able interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above: Name Address • I have had 4. Within the fast twelve months, from t in the following properties which have been dwhich a 1% or greater legal or equitable interest the subject of a building permit application: Map/Parcel Address 5. Within this calendar year, I have submitted building permit applications for property in which I have a 1% or greater legal or equitable interest. g. Within the last ten days, I have submitted building permit applications for property in which I have a 1% or greater legal or equitable interest. 7. Within this month, I have submitted building permit applications-for property in which I have a 1% legal or equitable interest. 8. Within this month, I have received building permits for property in which I have a 1% legal or equitable interest. Signed under the pains and penalties of perjury, this_day of 200_. 1 2001-0o501affin ,,, --r=PY/AFFIDAVIT Town of Barnstable hP��tNEO� Regulatory Services Thomas F.Geller,Director Building Division s63g• �e j0rfc nne�s' Tom Perry,Building Commissioner 200 Maier Street, Hyannis,MA 02601 www.townbarnstable.ma-us Fax: 508-790-6230 Tice: 508-862-403 8 HOMEOWNER LICENSE EXEMPTION Please Print DATE: (/ �� G� " ° -JOB LOCATION e� �vO/—� number I street village "HOMEOWNER" P�S` e -home phone# work pbone# name CURRENT MAMI1GADDRESS: cone city/town state The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners.to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)•who owns.a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be re onstble for all such work performed under the building permit. (Section 109.1.1) ,The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. , The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and A1e ' Si om-owner Approval of Building Official Note: Three-family dwellings containing 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 provisions of this section(Section 109.1.1-Licensing of construction Supervisors),provided that if the homeowner engages a.person(s)for hire to do such work,thafsuch Homeowner shall act as supervisor." exemption are unaware that they are ass the responsibilities of a supervisor(see Appendix Q. Many homeowners who use this Rules&Regalations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed pers as 0ns. Ja this cut,our Board.cannot proceed•against the unlicensed personas itwould with:.licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many comtrnmities require,as part of the permit application, tbat the homcawaer cer*that he/she understands the responsibilities 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 fmmVecrtification for use in your community. n•fnrn+c•t,mmGtlCefl7Dt � 464 Exchange Street Middlebury, VT 05753 12 6 2 HOMES DATE JOB NO.i (802) 382-9082 Fax: (802) 382-9084 ATTENTION cgnorbuilding@connorbuilding.com RE: TO E 12 i� - "Zoo RA 64 S+a-si,=� arms M A, 02- 60 1 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. i DESCRIPTION no M THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints > ❑ For review and comment ❑ C]FOR BIDS[DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Il—) 1 &­0 1A))'nQV2 *a± yy, 1,4,o d ` © ✓� An Min ' 1l YYl � e, 1 ece, are, e hvo C= AT) COPY TO SIGNED: �Bb if enclosures are not as noted,kindly notify us at once. t Ln ! ITR n jts I I 5 � q F�3 p i 1 u { LID ! � d n � s � � PROJECT NAME: ADDRESS: PERMIT# PERMIT DATE: M/P: LARGE ROLLED PLANS ARE IN: BOX - - SLOT � � 1 Data entered in MAPS program on: 9 ds-o a7 BY: q/wpfiles/archive • � hr r yi �,. '� fir' .�-/+' � ( .• � .r� l: .�; • - �„. ' / rr - .- - '.1 j,+ ..�,fit.M•� 1 Y j•1'+: R :�e'h, 'vt" "' � • •. .4 a. .. ". '�_• nos I ^ .•`.-►•A' �. 4101Q_,-y�� `' � �.� � °' .'j �, ' �'^y A4� ,�x' ��x P'a * �-. rna,t1�" �; --,�'. ► w! vi„ • y . 1. , .. ,�: `• � ,� bra���.,. ryr'. 1J;� ? r�;� r�, '� ' . .1 � ��,�., ,`jt... �+ �' - - rods jL;"..,r� 'sK" � -. .` �' i �+1 /� W "� +w• •� ,�h - .'. 1 yJ.y,.: ,y � 3'V.7 n�' �. .�•� /nw !, Fezr..r'd y \\ 1 �i' 00 • t,7t , I r� �„ Aeri a l Photo A ril 28 2001 p SCALE: 1 =250 .�, w E Pilot R Area S *NOTE: Plonirrl cs,topography,and **NOTE: The parcel lines ore only graphic representations DATA SOURCES: Planimetria(man-made features)were interpreted from 1995 aerial photographs by The James vegetation were mapped to meet National of property boundaries. They are not true locations,and W.Sewall Company. Topography and vegetation were interpreted from 1989 aerial photographs by GEOD Map Accuracy Standards at a scale of do not represent actual relationships to physical objects Corporation. Planimetria,topography,and vegetation were mapped to meet National Map Accuracy Standards V=100'. on the map. at a scale of Y=100'. Parcel lines were digitized from 2000 Town of Barnstable Assessors tax maps. I� t I` Daniel L Brem81%PE 189 Harbor Point Road Cummaquid,MA 02637-0361 Phone(508)362-0016 August 31, 2006 Tom Reilly ; 881 Main Street, Barnstable, MA 02668 CS e Cr c � 237-2522 , 508 P Project: 20206 67 Pilots Way Barnstable, MAC On this date, at your request and in the presence of you, your framer Wayne and Paul Roma, Building Inspector; I made a site visit to the above residence to check Inspectors structural questions. My findings, in referance to the " Inspection Correction Notice" are as follows: 1. Basement Back Porch-This member has been through bolted with 1/2 bolts @ 12" o.c.-O.K. 2. Basement Lallys-approx 9' spans-add 1 3/4"x9 1/2" LVL each side, full length, through bolted with 1/2" bolts @12" o.c. 3. Add 1 joist in basement-Place floor joist at wide spacing in first floor. 4. Joist break over window L/R and 5. Bows in windows. Both 4&5-Timber lock screws have been placed to eliminate bows-O.K. 6. Cut in joist hanger, second floor LVL-Wire has been moved, replace hanger. 7 LVL over windows-2 places-Through bolt LVL's with 1/2" bolts @ 12" o.c., header to carry load. 12. LVL over garage post-studs are in place-O.K. Please see that Paul Roma, Building Inspector, receives a copy. Thank you. Daniel E. Braman, PE f " `JAN-12-2006 23: 16 CONNORHONES 8023829084 P.Oi%03 Paul Roma ' T13e'41 OF EARNSTABLE Barnstable Building Department Town o£Barnstable 2�E�6 JAPE f 3 AMI I: 26 200 Main Street Hyards,MA 02601 Re: Tom Reilly Residence -D i V I S 10 N Paul, We have been asked by Tom Reilly to forward the following specification information regarding engineered lumber and steel beams. Specifications for engineered lumber: 1.9E Microllam LVL members as manufactured by firus.loist. Modulus of Elasticity E = 1.9 x ]0 Flexural stress F = 2,600 psi Horizontal shear F =285 psi Specifications for steel beams: 36 ksi wide flange steel beams i have attached the individual printouts for the two steel beams If you require any finther information,please feel free to contact us. Sincere ly, Robert Parker Connor Homes Middlebury,VT 05753 (802)382-9082 1parker;S.connorbuilding com i 'JAM-12-2006 231E CONHORHONES 8023829084 I'.02:'83 6eamGtrek v2004 licensed to:Mike Connor Re g#49S?-652t�2 Reiliy Residence floor beam over kitchen steel beam Date: 1/13106 Selection EY x 15 36 kal Wide Flange Steel — Lateral Support at- Lc=4.2 ft max. � Conditions Actual Size is 4 x 8-1/6 in., Min Bearing Length R1=0.8 in, R2=0.8 in_ OL Defl 0.20 in Suggested Camber 0.30 in Data Beam Span 18.0 ft Reaction 1 LL 2448#d Fteection 2 LL 2448! Beam Wt per ft 15.0# Reaction 1 TL 3501 # Reaction 2 TL 3501 ## Sm Wt Included 2700 Maximum V 3501# Max Moment 15755 # Max V(Reduced) N/A TL Max Defl — L!240 'TL ACtu81 p@!1 - L;328 LL Max Defl L 1360 LL Actual Defl L 1469 Attributes Section W) Shear(In') TL DO(in) LL Deft Actual. i' 11.80 1.99 0,06 0.48 cri6c2 i 7.06 0.24 0.90 0.60 Status OK OK OK OK Ratio 67% 12% 73% 77°10 Fb(psi) Fv(psi) ---Li x mil) _� Values I Base a Value Fy 38000 36000 29.0 Base Adiusted 23760 14400 29.0 Adiu intents j YP Factor, Lc 0.66 0.40 A i Loads Uniform LL:272 Uniform TL: 374 =A Uniform Load A R 1 =3501 R2=3501 SPAN=18 FT Uniform and partial uniform loads are Ibs per lineal ft. f F TAN--12-2006 23:16 CONNORHONES 8023829084 P.03!03 SeamChek v2005 licensed to:Connor Homes Reg#4151.65202 Reilly Residence Garage Girder Date: 11/23/05 selection W 16x 40 36 k$i Wide Flange Steel Lateral Support at: Lc 7.4 ft max. Condit'ons Actual Size is 7 x 16 in., Min Bearing Length R1= 1.2 in. R2= 1,2 in, DL Defl 0.22 in Suggested Camber 0.33 in Data Beam Span 25.5 ft Reaction 1 LL 10275# Reaction 2 LL 102754 Beam Wt per ft 40.0# Reaction 1 TL 14087# Reaction 2 TL 14087# I Sm Wt Included 1020# Maximum V 14087# i Max Moment 124W W Max V(Reduced) N/A l TL Max Deft L/240 TL Actual DO L 1356 1 LL Max Deft L/360 LL Actual DO L/480 Attributes Section in' Shear W) TL DO (in) LL Deli Actual 34.70 4.88 0.86 0.64 Critical 63.10 0.98 1.28 0.85 l Status 8 7 j Ratio 98°l0 20'Yo 67% 75% Fb (psi) Fv(psi) - Values Base Value Fy 36000 36000 29.0 �, Base Adjusted 23760 14400 29.0 Adiustments yP Factor,Lc 0.66 0.40 -� At Point Loads:Provide these minimum bearing lenglhs in inches or provide web stiffeners. B=1.2 Load Uniform LL:460 Uniform 7'L: 633 =A Point LL Point TL _ Distance 8820 ~ B= 11025 92.75 -� - -------_--- (M Uniform Load A Pt loads: g - -- 77 d R1 = 14087 R2= 14087 SPAN=25.5 FT Uniform and partial uniform loads are lbs per lineal ft. POINT LOA �' 1 6�►i�\ t -TIm Co K R TOTHL P.03 AUG.10.2005 1a0EPM SHEPL_EY SALES NO,205 P.1 "® BC CALCV 2003 DESIGN REPORT-U6 Wednesday,August 10,zo05 12;42 Single 16" BCl@ 600s SP Pile Name: BC CALC Project:J01 Job Name; Reilly Description:Floor Joist Address: 87 Pilot way SpeLifiar: City,State,Zip:Barnstable,Ma Designer: [till Campbell Customer. Howard Woollard Company: Shepley Wood Products Code reports: NER 5£K ICBO 5208 Mac, I —1— &2r+dird sead�48 psf 110 r oc Spacing la"J 130,1-34' B1,1.3/4" 540 Ibs LL 640 lbs LL 160 Ibs rest. 160 ibs 0L Total Horiaorrtal Length-24-00-00 General Data Load Summary Version: U5 Imperial ID Description load Type Ref. Start End Type Value OC s Dur, S Standard Load Unf,Area Lett 00-00-00 24-00.00 Lives 40 pst 16' 100% MaMWTypa; Joist Dead 10 psf 16" 900A Number of Spans: 1 Left Cantilever: No Controls SuMMAry Right Cantilever: No Control Type .Value %Allowable Duration Load Case Spttn Location Moment 4800 ft4bs 60.7% 100% 2 1-Internal Slope: 0/12. Neg.Moment 0 ft-Ibs n/a 100% OC Spacing: 16" Ejd Reaction 800 Iba 61.5% 100% 2 1-Left Repetitive: Yes Total Load Defl. U506(0.67") 47,5% 2 1 Constructan Type:Glued Live Load Defl, L/632(0,45611) ?6.0% 2 1 Max Defl. 0.57" 57,0% 2 1 Live Load: 40 psf Span/Depth 1,6.0 n/a 1 Dead load: lop sf Partl6on Load: 0 pal Motes I Duration: 10a Design meets Cade rninirpurn(U240)Total load deflection criteria. Disclosure Design meets User specified(L1460)Live load deflection crilo(e. 06 Di corn lateness and accu of sign meets arbitrary(1")Maximum load deflection criteria, P >� Minimum bearing length for SO is 1-314", the input meet I s verified by anyone Minimum bearing length for 81 is 1-3/4", who would rely on the,output as Fettered/Displayed Horizontal SKsn Length(s)-Clear Spsr.+112 min--end gearing+'l/2 Intermediate,bearing evidence of suitabilib/for a particular application. The output User Notes above Is based upon buildings floor load code-accepted design properties aria analysis methods. Installation of$CASE epglneared wood products must ba In a=rdance wRh the current InsWilation Guide srd the applicAble building codes. To obtain an Installation Guide or if you have any questions,please call (600)232-0788 before beginning product installation. 3 n 9C CALCO,BC FRAMFR0,SClda, BC RIM 13DARpTM,BC OSS FWA BOARDW,BOISE GLULAMTM, g VERSA LAMS,VERRSA,111MG, e VERSA,RIM PLUSS, VERSA-STRANDTIA, VERSA-STUDS,ALLJOISTO and AJS""are trademarks of ' Bolse Cascade Corporation. tj Page 1 of 1 i ?9/05/2002 08:57 915087906230 PAGE 02 02 SEP.-4 PM 4. 20 BARi NUN STABLE TOWN CLERK Zoning Board of Appeals, Application for Other Powell- a Date Received For Office Use only: Town CIerk Office Appeal# Bearing Date Decision due The undersigned hereby appeal to the Zoning Board of Appeals the Decision of the Building Inspector,a copy of which is attached to this appeals. Petitioner's Name: William R. Lewis,III and Thomas Reilly Petitioner's Address: c/o Michael D.Ford, Esquire, P. b.Box 665,W.Harwich,MA..02671 (508)430-1900 Property Location: 67ilats_Way,Barnstable This is a request for: []Enforcement Action [X]Appeal of Administrative Officials Decision (]Repetitive Petitions []Appeal from the Zoning Administrator []Other General Powers-please specify: Property Owner: William H.Lewis,III. Address of Owner: c/o Michael D. Ford,Esq.. if petitioner differs from owner,state nature of interest: Assessor's Map/Parcel Number:, NMaap 217,Parcel 24 Zoning District: BE__ _ Groundwater Overlay District: AP Which Section(s) of the Zoning Ordinance and/or of MGL Chapter 40A are you appealing to the Zoning Board of Appeals? 5»3/2(1)(Appeal from Administrative Official)and Massachusetts General Laws Chapter 40A,, Sections 7,8 and 15. FAX DATE: k6V. to - TO: f7AVL OMA FAX NUMBER: FROM: 15 ?A K.W-CF, FAX: 802-382-9084 PAGES Oncluding coffer); The 44OL66.ecl + ".sic 4v- +�e_ a6oye re,4 V i rl� e o4m4. CC : Tam 464 Exchange Street Middlebury. VT 05753 802-382-9082 www.connorbLiilding.com r Nov. 10,2005 To:Paul Roma Re: Thomas Reilly residence Structural Design Information Main House: design loading: 40 psf live load I' floor: 2 x 12 floor joists w/'/a"plywood sheathing on 4(a 2x10 structural girder tad floor: 2 x 12 floor joists w/'i4"plywood sheathing on bearing walls Attic: 2 x 12 floor joists w/3/4"plywood sheathing on bearing walls Porch: design loading: 40 psf live load Framing: 2 x 8 PT joists with PT sleepers and'/4"tongue and groove wood decking supported by foundation wall at front and side. Suppoated by 3 (d 2 x 8 girder on rear elevation.. Screened Porch: design loading: 40 psf live load Framing: 2 x 8 PT joists w/',/4"plywood sheathing, PT sleepers pared'4"tongue and groove decking with a 4 @, 2 x 10 center girder. Garage: upper floor design loading: 40 psf live load Framing: 2 x 10 joists w/%"plywood sheathing w/2 Caa), 1 '/4"x 1.1 7/8" LVL (micro=lam) center girder. Roof: design loading: 50 psf live load Framing: 2 x 12 rafters w/plywood sheathing w/ridge boards, collar ties and gearing walls. Ravers attached with Simpson hurricane clips I� I 03/04/2009 17:07 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL 0 001/005 t '°" � TOWN OF BARNSTABLE Barnstable BARMSTABIE. OFFICE OF TOWN ATTORNEY I MASS. i639• , 367 MAIN STREET TEDp HYANNIS, MASSACHUSETTS 02601-3907 2007 RUTH J.WEIL,Town Attorney ruth.weil@town.bamstable.ma.us T.DAVID HOUGHTON,1 st Assistant Town Attorney david.houghton@town.barnstable.ma.us CHARLES S.McLAUGHLIN,JR.,Assistant Town Attorney charles.melaughlin@town.barnstable.ma.us CLAIRE R.GRIFFEN, Paralegal/Legal Assistant claire•grlffen@town.barnstable_ma:us PAMELA D.GORDON,Legal Clerk March 4, 2009 TEL.508-862-4620 •FAX.508-862-4724 ALSO BY FAX: 1-508-997-0760 Mr. Jay Kivowitz Jay Kivowitz Auctioneers 91 Rodney French Blvd.,P.O. Box 41268 New Bedford, MA 02744-1603 Re: Mortgagee's Sale at Public Auction Location: f67=Pilots Way;Bar-nstable,MA Our File Ref: 42002-0238 Dear Mr. Kivowitz: Please be advised that the above-referenced property is subject to the attached Agreement for Judgment. You will note that Paragraph"2.e."on page `2' of said Agreement contains a condition which requires that an approved Conservation Easement or Restriction be recorded consistent with the terms stated therein. To date,no such Restriction has been recorded and no Certificate of Occupancy has been requested or issued for the premises. This letter shall serve as notice that the subject premises cannot be occupied until all the terms of the Agreement of Judgment are complied with, including but not limited to,the recording of a conservation easement or restriction which is acceptable to the Town of Barnstable Building Commissioner. I trust that you will notify all prospective bidders that the property is in violation of zoning and cannot be occupied until all the zoning violations are corrected. Thank you. Sincerely, RJW:cg euth J. We' , own Attorney Enes. Town of Barnstable cc: Thomas Perry,Building Cmsr. Fax: 508-790-6230 cc: Theodore A. Shilling,Esq. Fax: 508-775-0792 cc: Jane Mello Pineau,Esq. Fax: 1-508-984-1515 [2002-0238\kivowitzl-030409] _ 03/04/2009 17:07 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL a 002/005 SUPERIOR COURT BARNSTABLE SS BUD -, , 2 9 20e COMMONWEALTH OF MASSACHUSETTS ' G�►!'` � �u Jerk BARNSTABLE,ss. SUPERIOR COURT C.A.NO.02-710 GORDON STARR and SHERRI GREENS-STARR, ) Plaintiffs ) V. ) WILLIAM H.LEWIS,III. and THOMAS REELLY ) and GALL NIGHTINGALE,THOMAS A.DEREEMER,) JERRY GILMORE,DANIEL M. CREEDON AND ) RON S.JAN'SSON,in their capacity as Members of the ) Town of Barnstable Zoning Board of Appeals, ) Defendants ) AGREEMENT FOR JUDGMEl�T Now come the parties in the above-captioned matter, acting by and through their respective counsels of record, and hereby stipulate and agree that judgment shall enter as follows: 1. The Plaintiffs agree,upon execution and filing of this Judgment,that their appeal of the variance(Appeal No. 2002-14, dated October 23, 2003)a copy of which is attached to the Complaint as Exhibit A., shall be deemed dismissed,with prejudice. 2. The Defendants,William H.Lewis,III. and Thomas R. Reilly(hereinafter"Lewis and Reilly"),hereby agree as follows: a. The property which is the subject of the variance, (which property is shown on Town of Barnstable Assessor's Map 217 as Parcel 24) (the 03/04/2009 17:08 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL 2 003/005 "Premises")and the adjoining property, currently owned by Shelter Realty Trust,(which property is shown on Town of Barnstable Assessor's Map 217 as Parcel 30 and Town of Barnstable Assessor's Map,237 as Parcel 4) (the "Bayside Funding-Lot') shall be used together for single family residential purposes as hereinafter set forth. b. The Premises shall be used for the location of not more than one single- family home and accessory structures as may be permitted from time to time under the Barnstable Zoning Ordinance,including without limitation, a barn, and a paddock area for horses owned by the owners of the premises. C. Any single family home to be constructed on the Premises shall be set back from the edge of the salt marsh at least the distance(120 feet) of the . approved single family home as shown on the plan approved by the Conservation Commission in file number SE3-3837. d. Lewis and Reilly agree to improve Pilots Way from Route 6A to the access easement to the premises to a width of at least 14 feet,with hard packed bluestone with drainage to run down off of the access easement. e. Lewis and Reilly agree to cause the Bayside Funding Lot to be restricted by the grant of a Conservation Easement or Restriction,which Easement or Restriction shall provide that no building or structures shall be located anywhere on the Bayside Funding Lot,other than fences and other than accessory structure(s)to the single-family home on the Premises,which accessory structure(s)may only be constructed in the area shown on the 03/04/2009 17:08 FAX ..508 862 4724 TOWN OF BARNSTABLE LEGAL 0 004/005 sketch plan attached hereto as Exhibit A,excluding however accessory dwelling buildings or structures. f. Lewis and Reilly agree that any lighting placed on the premises or the Bayside Funding Lot shall be directed away from the Starr's property and onto the premises and the Bayside Funding lot. 3. All parties agree that this judgement shall be recorded in the Barnstable County Registry of Deeds and recorded in the chain of title to the Premises and the Bayside Funding Lot and shall touch and concern the title of these parcels and run with the land for the benefit of the plaintiffs'property,located at 85 Pilots flay which is shown on Barnstable Assessor's Map 237 as Parcel 65, A. All parties agree to waive any rights of appeal they may have to the entry of this . Judgment. Respectfully submitted, Respectfully submitted, Plaintiffs, Defendants,William H.Lewis,Hl. and Thomas Reilly, By their attorne , By their attorney, Maert F. Mills,Esq. Michael D.Ford,Esq. Wynn&Wynn P.O. Box 665,72 Main Street 300 Barnstable Road West Harwich,MA 02671 Hyannis,MA 02601 (508)430-1900 (508)775-3665 BBO#174440 BBB#542732 Respectfully submitted, Defendant,Town of Barnstable By its attorney, r A true oopy,Atat uth J. W , 1�`Asst.Town Attorney Town Hall 67.Main Street Hyannis, MA 02601 (508)862-4620 BB0#519285 Dated: July 20, 2004 03/04/2009 17:08 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL Z005/005 v DIV$ ffi m v '+ a Q p a 'oM d r��- tlow Az— 3:`XRIR S 1 1 x�o �Q o e x AHy v. 1 .r e15r.10 N + RAS ��: r 3 AO.trAe S s v tl3Ne07•ltl3dOm W.C9'Dci rol•1�Ol •Cs.OL o TON TURo Ot evict ICe.A a z1.6Zt .^ _ s • Ac'IC-10 S a P I • -- — — -... y� �,� a `ResrO.w.sr�eunK as»dt'l _, Sk!loae.�.7e Si la . r M 07Z0'�0'E ip ' 2 \ P �l; �^ s g v AIR —ara 9.7 j w N O iii O MAN l 0041 IA"m � ¢ 3.LZ cr.00 S N SAM E r�wr sf to r 7.dz►LIo — _. H 172.44r H y rn rn e a� p x.aR- e ,; u►w a �-:p rr► •Q O \ ' 010,0 O M _1ae o _ AWN 01a me' eon1 , N Rb rn K �o C:(A O of 00 C N O►C riO 1+ � $ T r � OLI-Rpq DB.eel � Z hl ti � a o� 1 CS— .i SI• f 7M.60 I T r _ _ • • • • • • • • • • • • • • • • • 67 PILOTS WAY Map 217, Lot 24-B00, 24-W00 Ralph Crossen Box 43 Hyannis Port, Mass. 02647 --NIL -AVI- MYSIDE FUNDING INE A?237 4 #0 BAYSIDE FUNDING INC (ARTHUR F IT HAIRVItTom' PAP 211 w `� 30 7 ITEMS,WALVA H III IFMS VAULLM III O AV 717 MINIM all TO WHO NO IN( 4-�60 24-YOO NA 67 # 5 40 TRUST I LAR$TABLE tl�tl) IN(I TT _V7777:A-1- 59 #44 US F to A,,p 137 65 #BS "CCUT -f .1217 5 -BOO • #63 LIMITS,WILLIAM E FIT I KATHUEN- p 2 20-WOO JEFFRIES,Wit II MU[Ul JU[SWAN IUJQTI B EST OF MAP737 \ f °' - - UNDO 8 Ml[pF2Hl7VllGlN!4 3 #7160 TARIFF,ALLP 7 #2150 "I wo 10 C3 JARYI,Alu P -'j ]Aa2 1 NE 25-217 GGOUGi HARD LD f&I 1� MAP 2 BOO S f&PAT 217 A E13 MAPID #2070 26 #2084 t r MKIR CHARLES f 0 49 \ \\ #47 ILD -)3 TOP I JUDIIN AA FIE MORSIf BARBAIRA a KATKEENM MM 2 7 Z217 # 211 RA '0 #Z041�j 9 An 22 78\18"'A 0 15,Q I ON, AEDD6 I VIA I 0 ApP217 41 2 2 P3#1 - --------- -42 BAUSTABIL pm 336 r • • r BACKGROUND: From the earliest times in Barnstable, Streets and ways were established without any municipal oversight at all. It was common for streets to be established by landowners and referred to in deeds without any specific meets and bounds. The famous 1857 map of Barnstable was an effort to f show all ways that the Town believed to be in existence at that time. From 1857 to 1925 though, more ways came into being in Barnstable with little documentation. It is widely believed that streets and ways referred to in deeds of that period were enough to establish grandfathered rights, at least for some situations. The Town of Barnstable, at the annual Town Meeting in 1925, passed Article 20 which established a Board of Survey in accordance with MGL C. 41, Sec. 73. This action provided a structure for the approval of Streets and Ways where there was,none before. The Town made the Board of Selectmen the Board of Survey and from 1925 until 1962, they reviewed plans for streets and ways and approved them by signing the plan and recording them. In 1926 the Town established a Planning Board but in these early days their powers were limited. It wasn't until the annual Town Meeting of 3-6-62 that • the Planning Board was established in Barnstable under MGL C. 41, Sec. • 81A. This action gave the Planning Board the authority to approve streets • and ways under the rules of the Subdivision Control Law in accordance with the act of 1936 of the legislature. It also took away the authority of the Selectmen to act as a Board of Survey. Up until 1955 West Barnstable was still zoned under the original bylaws of 1929. This bylaw only said that the land was to be residential. There was no minimum lot size or frontage requirements. This situation in West Barnstable essentially meant that any streets or ways that pre-existed the • Board of Survey (1925), could still be considered ways today. Furthermore, • any lot that was held in separate ownership from any lots that abut it up until • 1955 could be considered buildable regardless of frontage (except possibly for the Town minimum of 20 feet). I � ' •a�ly "�y \\� ,ie\ "1 ts. 5: a i ?;AtM r, .1, e7i>i � -. ., �'. j-: {;�1�\1 a' 2 1 jt �. � s�vs ►+^ Pi`- ; / *; - lei F\1\.' �� x r 7� at'.YtiJ�r � " � > �.., ,d,;.,►• �f,4�+s rl Y., i I � � is er T. _,c•.•t �, � ,'�.�' ��„ �M/. � F 1 '� ll`\�� 'rr^�yya� '�y �F,�r�l1�w'a , Itl\�lr�l�•,.; '' - :c � _ r�.. 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'''j , ? r 7j',-� �/i/ ' 1 .�•W/�i(:lltldI, J).!II��JK!gi,�i,j::-.,.� i �'�� b , � !� ? {, .� °�'> '� I�f t / • -j y/,o/y.�' / I` " �• Vib)l,e'�; +l t �• '�:. }/rf ''/i r " kt ,1 tt. �il)�r"^.,�`1PiP11!��a�CIN�,���{�t .�, ,.� •'. _ - I r r. ./ �f,t J I�, , �' �� .i�y::,�'n1.V�1� sj„}�a•/,� �;i"�/,,,� � i.. y "' 1 , :i � t. �} , � r# Iv. [•. ,\?Il� i i�i�l�,•ll '!-`;"' !" {�1�iH f �J.l i •• iugl �' ' �!�'_,-), 1:�.. `. ', :. . h� .. � � • .�}� � � • • • • • • • • • • • .. • • • M • • � • • � • • • I • � • � • • • • • I • • • • • • • . � � • _>R"T7,74,-., �: teas 1`eft";in"white-are-areas-le£t'.under ca iginal zoning MNr .3A ted June 14.. 9 9 �* by-law adop , 1 :2;.-r +, N r ' f Barnstable- Residenc.k.A district zoned under •rx _Village'o a ti Article 67 Annual Town Meeting held March 195D s r +x- e..of..Hyannisgort Ae'sidefice'A dis"trict zoned under 4illag 1 Ann ual Town' Meetin held March $, 949 D �- Article 74 � - - - - . ". e" ofs Cantervtlle,.and test Fi�$nnisport Residence A district �', 9illag • x zoned under#Article 6${Annuaft oMeeting held March 7, 1950 �v Z `,:Precinct 5 Dster rillsn- C —Precinct OsteTville ie_ denc9 A district zoned under h l llrticle. Annual Town,�f'i�etigeld March 7, 195D r �� p Precsnct7.�, 0•ste'rville` Res �ri�e�B district zoned under Article 3 !Annual Town �Ieetang,held March 3_ T959; as amended under Article a p ...tx� n'nua], �bWn'M�eting h�1d N7arc1��. {freCinct S, �7s�evi$le` Sus"" eas dtricts zoned under Attic 7 7 v t ' ` ;°Annual Town Meeting held Marc 7;,1950, as amended under Arti le� 4 , �t Annuat. l Town Meeting-held Nfarctr,,$,n-1955 , {�+ Wd. ------- a 9i11agge.=off Ootu t arstons"T 'lIs Residence A district on�d under ArtiCl�. 70 .Annual_T6i4h'Meeting,held #vfarcki ,7; T950; as ame eyi under Annual Town Mee in held.March 8, 1955 ' tt 5 ,Article 9;5gr:.. � + '4 t�/il�age-off Cotuit FCighgF`ound's�R.esdence A'district z e�/ under —, arch.. 1950 _. 'Meet e1d 7, " Town. i __ .. a M t Article 69 Annual Fah _ �yyytit :f` rT FPS a� 4.r_ 2 :4 i dt BARNSTAALI r ns":island_::, - ilillage off>Cotu3 ,.Residence Adis zoned arnpso pp x4� under Article :95 Annual T wn"Nleeting held March 6, 1 5 '_ e k °e - r 'A ll district z nder �I,�lla e ,' f Cente�vil�e -,Fresi en, - 9 g arch 6,'195 r1I G Anfival Town fMebtiri��ig3 r q_{'¢a•�„ 1: � {1 Vila e of yannis Res Ax strict zoiie �under , rtic r •, (� .,. �, rAnnua .,Town Meeting held�+4a � 195� _ _ t r �' V`"" age o"�ya nis fieside�Ci�, " 9�f�ict �°ned under r cle 91 I _Annllal;rT.otrn M .et3ng.held lr .'3 :_t"P}S3 a:a+LLa�d _h•1'..: 3 # K•Y gg , .'�. V .Tlage b�`Hya�'�'• s �ws ,i, �5 r. under �:'r �' - . � �r 3- - ,•ck � .�,,,,��„, , ,� � t h £iCle.Ilnua ot�nrliY�gtre ./ch 3, ..1953 e 11 #i'��R- z 3'.'t "w y -�nt�s ':.'AT T, —', r• t g � '1 ff ��s C.`•,{ ''Li.�i. -:.u�? ,c -2r .,r: t':3 a... '1RL.wt _*l t:_ �t•1', " d>}•C��^.'" �,Wr��-' � .. .. .-_ t t ,.,c,"y,,, '~r # tk" i .. � �,p�,�,°,, at4..�c1 A k•�a ��g�� tr+� .. I I r•- �. t � ".L* A _ '�'. PYP4 3 -:j .. a s,s• v t '�,: '9� R.� Y_t rb' 7� Lab PONOVI li .-,�— r7.� �F 94"�'- � }f3�#S w. g,(/ .C�fit�Y�h3•�� (C � 1•„ '�'�'T� LW�1' -� KFr7�'���,5�� "*� Tsx.g•mat.^-,' _� ��w� # ., r � � ne Gen al r t � . • • 96 0 0 9 • TOWN of BARNSTABLE • -.LL:` =Town Meeting Actions on Zoning (and related) Articles (12i11418.e, printing); MEETI.N6/Date ART ! AaAdopt:R=Reject SUBJECT • 1"925 . /ATM 3/3/25 r Art. 1 1 R Elect Planning,Bd. per MGL C: 41 , Sec. 70 appropriate'a sum-of`money for its use. Art: 20 A Elect Board of Survey.per MGL C.41 ,Sec..73 to estab,::b dg: regs. and st. . l ines • 1926 • ATM 3/1/26 Art: 14 A Establish a Planning Bd. to be elected & adopt at bylaw-r:egulati,ng its duties. A Elect members of the Planning Bd.. A Appropriate $1500,for use of Planning Bd.,,,. Art. 15 R Accept MGL C. 143, Sec.3 to authorize adoption of building regulations. Art. 16 A Accept.MGL C.82, Sec..37 to auth. bldg. lines & refer for Planning Bd. recs. • (Art. 18 A Appropriate $3,500 for making plat of the Town under supervision of Planning Bd. • (Art. 46 R Appropriate $10,000 for platting and mapping the Town " Art. 19 A Adopt bylaw for the regulation of the Planning Board. 1927 • ATM 3/8/27 Report of the Chairman of the Planning Board. • Art. 32 A Raise and appropriate $10,000 for use of Planning Board. • Art. 33 A Authorize Planning Board. to-submit a code of building laws for the Town. • Art. 48(pt.) R Adopt a zoning bylaw for the Town. Art. 48:(pt,) A Adopt a bylaw estblishing bldg. setback requirement, and special permit • requirement for removal of shade tees within building lines. • Art. 49 A Adopt a bylaw establishing a fire-prevention district. • Art. SO A Adopt rules governing the preparation of plat plans. • 1928 ATM 3/5/28 Art: 36, A Adopt a zoning bylaw for,the.Town. [Original Town zonin Art. 37 A Accept MGL C.143, Sees 4-12 to establish bldg. laws. • Art 38 A General by-law to estab Fire.Prevention Dfist building restrictions in Hyannis. • Art. 39 A Estab. Townwide 5-toot setback' for:bidg construction unless fireproof • construction. T i Art. 40 A Accept MGL C.139, Secs.1-3 for removal of burnt or dangerous. bldg. Art. 41 A Appropriate $10,000 for use of Planning Board for platting the Town. • ,t 92c9 STM 6/14/29 Art. 7 A Adopt zoning bylaw for the Town - same as in 1928. A I ' M a b Tawn Meetina Action on Zonin and related Articles y�` V j Fs* s NO/Da e ART -A A/R/td SUBJECT 4 ,':.. IA=Adoot:R=Reiect:N=Oo action] M O3/6/61 Art. 58 R Allow parking use by special-permit on land in res. dist. in vicinity of a • bus. list. �r Art`59 A Establish Residence D-3 classification with same uses as Res. D-2 Dist I, but with lot width of 150• ft. and min. lot area of 1 A.w !h Art. 60 A Designate as Res. D-3 Dist. area in north central part of Precinct 6 in Marstons Mills, bounded by Route 149, Lovell's Lane, River Road, Bog Road, Old Mill Road Race Lane and Cape Cod Airport access road. i, Art.'96 A Names of private ways not to be duplicated on plans signed by Board of Survey; Engineering Department to certify non-duplication in names. I� 1 062 �I 3/6/62 Art. 52 A Establish Planning Board under M.G.L. C.41 ,Sec.81A • Art. 53 '� Extend Bus. zone on north side of North St. in Hyannis., between Barnstabl( • Road and High School Rd. Ext.,by 100 ft. to 300-ft.depth from center line F of North St. t. Art. 55 A Provide that in any zoning list. containing tidal streams or marshes, no g building shall be constructed and no filling or excavation permitted which } would alter the course of tidal streams or interrupt normal tidal flow Art. 56 A Adopt provision regulating signboards. • Art. 57 A Designate as Bus. an area within boundary of Barnstable Municipal Airpor . Art. 63 A Appropriate. $20,000 for planning reestablishment of Research Park in f and adjacent to present Industrial District. iII Art. 69 R Designate as Bus. Ltd. a triangular section along Route 28 in Prect. 4. Art. 70 R Change to Bus.from Bus. Ltd. a parcel at junction of Route 28 and Putnam Avenue in Prect. 6. Art. 71 A Designate as Bus. Ltd.(by special permit only for medical and professional offices) land of Cape Cod Hospital to Lewis Bay Road. • • • i • w • RAIL BACKGROUND: Early deeds in 1853 convey land to the railroad from the Crockers and others. This land is today the location of the rail line. In 1915 the railroad recorded a plan at the registry of deeds showing the location of crossings. It can be safely deduced that a crossing allowed by the railroad was for ways and not for individual landowners to cross to land to the North. If they allowed single crossings for individual lots, there would have been hundreds of crossings through Town. Two crossings showed on the plan are for John • Maki Road and the extension off Pilots Way over to the Lewis lot. Apparently the rail took away this crossing and after an apparent dispute, the railroad in 1951 notified the Crockers that they would restore the crossing that goes to the Lewis lot off Pilots Way. The John Maki Rd crossing was always there. • • • • • • • i • • • a i i • • ! • r � 0 • ,ram is .+ ;' �- r �/YL.i!'iL� ems¢/ .E'✓e2� + -• Ilk k A � �' ��/.a.+-✓ %h�e� •Cfl a'c-vwt�d/� G�-�'2'c7�Ri(/`C vim L L/� �JI�yL'" a L i�u--f/'(O`�Ei � -- 1,461 ✓/ •� � �s/ .u.cvc��2Cc-L'C-.�'GG-�-� '�lrr�.��c - a" l��/r��•�yc���f":7 � G�j . • `� �G'f/w • r... r *v.._ � [',/� L- rLL �+1.�1r�i�'^"- /_�'l.�N�; QiYLL.u/,i • !o e � lr-w!� � w �. .3..x.}�._. � �Lr G/ �/IY/ G��w�i Gc s!'�lG 1///✓P/G`P�`'1/ //c-p__ � � � �. +/— `�,i dGL-�G� Cvr%Lr/I. Jam. • � -- -� "� /J Q /vtl,/ (/�/��.-G� ✓� �jJ�O� eP/1 �(r /I�pz� Gr/ • _-- - .�Py�rvu� �SG-w� /s��e, /G�t�v�yoGtc «._��.fL>l��/f/. le Jv • - - ., � -CLIiGGGf/ /. (U/!-✓%-vYL:.�' L% LTi'/✓/!�J i • _. N`?/(iw Q��f/"G'Gl r .... c?'C�P�/�yvL-vdyeoG.� C-+,-r-.,��i vc�d ,t ✓P/U �r�J` �//� • - --- i 4 `D��'""///Y-Q.Of 7/ ✓GL c/ lc i.�U�' J" <iYc-ti 7/ _• - _ �/'////, / /�/fp v/J-�.,e.�✓Cr-e,�� L<�f7��1'eu s e�� 7"l.�c"/r/crG9Li" Gk/ / _ -. .- ,�.7,/. G¢-�+-'l.-G-z✓�Gvc'�/ '1�//i Gr-c�j�/CL[.t /L"u-!.C//y / --- ' /J ` ��l�f/ L�kL�! - -- (gam(/ � Lt/� � �l L/"R� �pO n�..��r�lc.���jjj /f�"P-(//"✓GG�("�J-��J7 • ��G'+-'tom j1 LI/�//,/ N/� / / ��, � i6L✓p�"/�-ud.C� w.zd�t� (�-� +�'+�`�C�rPifif/J'�, e ,Z/ i(/i��a% • � G/�G�. L�G�a .�G-vLU "�G�Lv %. ����G[/�.L�Grf�'���t ��!/� /ell _ • -,c.�C{, i�P•v�/e �v`� C��� �ci lam/ /we/lt � --- � [/. L //// ' ���Y 2•L�tj(�Lj L7t2e_Ll� �L�"j'P-L' G("(PZ O • � p/ll.� d�Gl�4, ��v oC //.iey�PXr .�-P�P�d"P/A..2<rrl!!�/l'%%�vli/.�- �6 [���CG'�i-r,✓, f'�o�c-f�y�.c�GG(rt-c/ ,^-off /y�c- 2�u j. Ize4 e2�P�/�LrGl4ofi�� 1 c�oss��s >A it I d l4'47! ZN � • � r� -'�+Ts� �.�e`' w�� mil- ! t. • ~mot*��� r t A. rvcchw •u 8\ih !' "44 ,¢cot�r/avr �r�r�w�++eneewrer� Tlif 14 t - i G. 09/26/2000 04:46 5098964k19� • BILL LLWlb ! FORM LN•!t•A•� J THE NEW YORK. NEW HAVEN AND HARTFORO RAILROAD COMPANY • ' ' £nGIN[[R)w6 MAINTiNANC[ DtRARTMgNT T. P. PoLsoN • CNt�R ir.atwatR N[w HAVEN 0. CONN[CTICUT • I • • � October 5, 195�_ Mrs .' C . F . Crocker • R.F .D . Old Homestead ,r West Barnstable , Mass . I Dear Mrs . Crocker: • Yours cf August 30th relative to private crossing: It has been rdetermined by, our Legal Department that you are entitled to this crossing and will., therefore, arrange to restore it Very truly yours , - - - Chi ..er - - Ila, i ; - i • k OLD MAPS OF RECORD: * Earliest maps of record are the 1857 map of streets and ways and the 1880 atlas. Both clearly show a street directly across the street from the cemetery and slightly to the left. Today this is John Maki Way. Town records do not document this way historically before 1986, but the engineering people freely admit that-older private ways around here did exist and their records are not conclusive. A copy of the Town's field card is errclosed ..gg u. QQI •.. w at 4' Jk r 0 '+ to ++ rty?^',`q �� �k .`tcc4 ar "•�,_ " �-1.;�-� • • ry'r ' � -\ti��� Lit. to ai• m ol, lit �+ 09 �ry �•� �(n; it T � ���t� ! r` ff Z - �'_ `--� - 1� ��-��' .. '.rtY-.., ♦ "�'a�U�. a r .C. ., I ��- .Y- .� r t r- .'_ '... .... ' .. . ' .. :: '.:: '�.Tl�^� ��i'x-S�.1r '�f.. �- -A1�1.. fi•�+?x�, c' " '9 - ^`q.►-�' T„T r�. •F .✓`iy�^',ra,�' f:d{.•�ri� ►parJr4 ; l f , - ... 3 t # • .... F4,.": � �''�,, �i ,d°f'.�r( raj" � -c� i r _�P • 'f d r ors* la �'. `li aty��+�.e•tr � 7 �if' 7t t' k '. }p.��'/�)/� ' it ' �` } 1[L•. Xn � ��� R wh ! �'. II ' �+� V. �I NAME'S/OHS M�K% �n/I VILLAGE ��,Q/(J FILE NUMBER �nP Ej • LOCATION /y� C L�A PCT. ROAD LENGTH -7pS r c O F� �O!J� • DESCRIPTION SO / 6)/D &)AV AVIS MAP a 1 7 BK. PG. • ` 'TOWN COUNTY STATE PRIVATE PLAN REFERENCE OWNER'S NAME SURVEYOR DATE 4 PP _6— � � i LOTS / 6 - i • • • • • • • NAME /�/LOT G(//T r VILLAGE �j�,�� FILE NUMBER • PCT. Z ROAD LENGTH Fr • LOCATION ^/� �F/� �''//OU7�" InAR /_��lJ • DESCRIPTION yQ ��lU/pTL� �/j y AVIS MAP 237 BK. PG. �! + • j � 2j.� 'TOWN COUNTY STATE PRIVATE • PLAN REFERENCE OWNER'S NAME SURVEYOR DATE /D-z 10-3 / 3 • /O - f— 3b'� ,E'• lcJ. L LLi:S �f�'�C�h PLv+�v • /O go /c 4V 0 OTHER MAPS SHOWING PILOTS AND JOHN MAKI:: The 1861 coastal survey of Barnstable Harbor on file at the.Registry.was one other early map that also attempted to—show coastal lots. Here both Pilots Ln. and John Maki-Rd. can-be seen. Both-come up to the railroad-tracks-and-the Lewis parcel can clearly be seen between the two and across--the tracks. The 1893 USGS map on file at the Registry also shows these two ways up to the tracks. BARNSTABLE HARBOR Fri Flom a Jrigonometric4 Surrey under the direction of A.D.BACHE Superintendent of the ---- SUR`"EY OF 'fHti COAST OF THE UNITED STATES F ; j .\ Trianyulutiun by C.N:E,1KIv 31 Topugrnphy by A.It.HARFi[SQ1Y A4ri9ttl. - I 41 ' 1 .� l��dro$raphy by HE�iRI'yIITGHEI,L • Scale Zo:�oo t' 2t1! >wl }(f! � M ViriHarl 1 40 14 07 v •idl i I I 1 ► lit d""01 of oace 'c i._S._ -. '•;?. ��•�C•• %�, erg _; - ,: r .. '� l'.rl�•~+•• '�� ��, �. �1_ _ ... ~t � ,..t' � '' ,,�r� r',>t 1 � . l •� 'r �_-�',�. ,'\A 4,-f� � � .'``,1 ,�� '�� .j -� {-�-;---'�li;C t ! ("'I:,r•r�kv �� r t i- t tit. t. _ �r �'•�� r. S' 4la1iT MQo1Y � tir�'i`pit z :�. I.00elity t.aiitwla F . TIUB6 _— �' 10 M�elA i.1 Ft. to g._ 1{1°7O(tl- 9w-�ieok Light . . ;:['1.l't8:8!70't� '9 ['or+raMat �[abliaArrunt ... - ..u.olt ofµa.J/alpna0owi�la,laMA�p�'/IkDrs`w.M � � - s � )we ofX(PAad ride ab+er•red ubmv the pkvu o�rvAnanoe +� �ti.+.r!'� Ate' w�+r! p.m of Lo..,aaa•M* do.._ halo. . r.0 � F&U of-Voan Low Naar of Spring Tidaa below .do . r.0 . 80{JrIID{llpl; r d� fligpAt of yarua Low Pbar o/NMP rYdea ,abq.r da .9.:i . ... .. add hr 400•and aAow sow,.#" rwaq knr ywlrr 4M Xewt lti+e ar4 Fat{o/'$dea ..._ iu.J 1Fe Ju�wdhlw.ia �Pfw rvra/ ,, rvr••�r Illr nr,l., lt.la+ . . . •.Tho dotard Unjw b�rwv/ low- rN' ritAi o/rall►rwe A M.i Ab CA i.auteairj{or�uurufyn ..r of2S -'La .. ... ...Its ritAin a/aap1 'ly of o •�. ( '� 1 � j sit- y . ' T. f, .ems•' _ 711, writ - _ .,�� 5, +v��y"1 u`.ro �J.��,t r a'�'�• �+. • ti 46 JF .a :� ,v. �+ "fit: ". 4 `�:�C' � �` .• __ $ *'��' �'� . _ " � f �'�-•,,,,'�,..-..�' a '`ti.. �j �� �«.- �� Lam' ��'y, �...�� ..•��. at- .yam � �� • ,�• 4¢�/ af�C:�,•. q �����,F, j �1" ,� '� -;•.�• q r w, l j�J��_ter i� y�f�� ' .. f •�' j ?P 3 t �e(I l �� � � :; � � .,: _, �r „� �� �� C��� SL' � ,, - ., �,�, . � � ��sew v • w • • • • • • • • • • • • � _ • • • • • • • • • y . K; Ji • ► ar.* t x i SL eV :x> w w - • w . i T w • • • • CURRENT MAPS: i • A 1959 map of the Lewis land was prepared for Marjorie Handy showing the location of the extension off John Maki Lane described in early deeds. • This recorded plan, also in Town records, shows the location of this way • before the Planning Board had responsibility to approve subdivisions. • A 1968 aerial photo of this area clearly shows the crossings referred to • before. The John Maki Rd crossing is in place and the "Gunning Camp" North of the tracks is there. Note the Lewis crossing on this 33 year old map. • • • • • • • • • • • • • • • • • • • • • • • i • • I� • • . .�'�wl. ��'i'�a,Ll„�sf I �.iL-. -�/�' y�z .+�7:.'+•E*fF'lr.J>Ka` a- � 4��4:'k. r .Nr•rd� J _ • G] • b!AP.V'3T.401 L ra. a159�i'11 • I I • � �- ScS�L.T— TI,e.�S�-1 � I • I � 3 I e� • _ � ♦ �... 1 ti* �...01 ...�—.--r.-- .tee.t.��..,-� fr S G w Qv' �•s_u'biti�..b n�-fit !•.vry ar cs..l! • UT- •-zoo,1��_.�.: � a �i • i ° � F n J J • � 1 8 1 f. V fG_ L.p'\ 6• — —�}ram �. FM • ��", .. J ��. LAW.1� __ � ZL�`�L-�'bnd�l} C'w�.yam•��,�> • ~T/ `�V�./ST.�� �''_•� 1 NC)J\h-C rasL+-•T!Y Tu^T�V i • �""�'�+jf���7�. TL.}PL.1+J 4LL T+1q L.vF.,.L.:�..na G•+�t.J•.a !.•J _ d""YJ.L?n't•^�a AiJD T•a..we. �'VL �-'r dTl-z F :•�c�cam.-..,� �''�'�Z.abE—�•-EQI..I�T�' —�_a°'�- CPr-"---ram_ .� .� `;��, } � � II `� � �� �� i � ,.�, �;� } �� � �, ,r ,�., .. � � � . • :� • • � � .� • • .* • • � • � • • • • • • • • • �- � �,�. • I X� i � w +N S n i - ,q� lk ol Ell k y, MAPS TODAY: Current surveying efforts show this 20 foot wide Way abutting the Lewis parcel. Current Town GIS maps show it too. The line of deeds for this land shows the way described as early as 1952. This clearly is before dimensional zoning here or the origin of the Planning Board as a road reviewer. It is clearly why GIS picked it up as a legitimate Way'. ` > o ! BARNSTABLE LAND TRUST IN,_. a z m N 00'43'08" w • o 0 ( } ,�4� 230.85' \. m m ° Z.NN 6Z l it,-----. / v N WEST BARNSTABLE FIRE DISTRICT BARNSTABLE FIRE DISTRICT N.T. S05'b 26 32..W RA STA DIAN ' 1956+35.78 �C� -7 \ CD N Po ro Ln / \ / • g /��/ m l / y/ ''/ Cn Cn c y ) • OD 0o 60o m � `lam, rr? • �Z• S05'29'40"yy� , \� D —, Un 2�•�9�� b �?�. o .y.�2! i 25.00' ` r*i cn ,` a o S05'29'40"W c' -'' o r a r • , - - STANDARD LEGEND NOTE:not all symbols will appear on a map • - GOLF COURSE FAIRWAY • ! .. 1 - 1 - - --------- - , - EDGE OF DECIDUOUS TREES • j - ! EDGE OF BRUSH , • sue'v - -__- ORCHARD OR NURSERY EDGE OF CONIFEROUS TREES • i - Z/--'_ ` - .�k n _�\ _ - MARSH AREA I 7. EDGE OF WATER 0 • I �` ' - �,' 1 — ____= DIRT ROAD • �.- _ DRIVEWAY j Z �= r 1 PARKINGLOT 8p 1Qy',- � _PAVED ROAD • ::E �_ / � N 1 DRAINAGE DITCH •% �� mV \ ---- PATH/TRAIL • 1 .. % '. PARCEL LINE Rx xaella. MAP# 21 E PARCEL NUMBER j • '/ 1 #1860 HOUSE NUMBER • �, / -_ 2 FOOT CONTOUR LINE 10 FOOT CONTOUR LINE • % _ -= `i IJ" - Elevation based an NGV029 • - r j i 1 a.9 SPOT ELEVATION 1 N \ l STONE WAIL • l ! 1 i; FENCE I g • �V -`I RETAINING WALL • J = I' RAIL ROAD TRACK 'r © STONE JETTY I.1 SWIMMING POOL • 1�. _ - - j 1 ;, PORCH/DECK - ] D BUILDING/STRUCTURE OW PIER HYDRANT VALVE O MANHOLE j A B l E G E O G R A P H I C 1 N F O R M A T 1 O N S Y S T E M S U N 1 T 0 POST 0" FUG POLE nap is on enlargement of a **NOTE:The parcel lines ate only graphic representations DATA SOURCES: Plonimetrics(man-mode features)were interpreted from 1995 aerial photographs by The lames SIGN ® STORM DRAIN e map and may NOT meet of property boundaries.They are not true locations,and W.Sewall Company.Topography and vegetation were interpreted from 1989 aerial photographs by GEOD Accuracy Standards at this do not represent actual relationships to physical objects Corporation. Planimetrics,topography,and vegetation were mapped to meet National Map Accuracy Standards UTILITY POLE TOWER smle. on the map. at a scale of 1"=100'. Parcel lines were digitized from 2000 Town of Barnstable Assessor's tax maps. o LIGHT POLE o ELECTRIC BOX • • t/ /T ex,&eme-�f • • • • • • • • �-� �'�,� is f • % 1 t • � `` \ ,� �'/fir �i \ \ • PAN L D 3 RM 9 • COPPER e4 UG • EL E V. =321 03 \ A. • RAILROAD 1 JC0'NRA7L ; • MILE�OSZ *7/CONRA /L • r -- i �. "CONC. POSTS /CHA /NS 1 --A • 50 25 0 50 /00 FEET'\o • SCALE: / '=50' \ • COPPER PLUG SET /N LEDGE L OCA TED 69 FEET SOUTHEAST, OF • CONRA IL M l L EPOS T 71 , 89.6 FEET NORTHEAST OF NORTHEAST RA /L AND 1900 FEET NORTH-NORTHEAST OF ✓UNC T/ON OF S 6A AND 132. TA TE' ROUTES • NA T IONAL GEODETIC VERTICAL DATUM OF 1929. l e:\survey\benchmark\femo\pone/-003\RM9.dgn i I • • • • • • • • j 1 �X\C-• � Ti n \ ! • \ \ • I,. s - i. 4• ;x ,— ;tt�� 1 •f l �tlll � � / /'—�\�\—/f � / `�nri�,'.if 1.-r. • • • • 1 JOHN MAKI ' ! This is the location • of located'* • - Note the date of 1952 on the deed from Maki to others and the Way scription. 0 10 -44 10 10 I t °• „1 ♦ � - 'f "I o'!.t 01_e'� �• ..-`�.•'s - SZ c•`lam- , .,i~- � /-� ' • ' � � ... y. _ '7S+•'rR�'�'b~ i�ice`` 's'•? ^' l.. - „r f`j`. w y` Property Location: 150 JOHN MAKI ROAD MAP ID: 217/022/ Vision ID: 15466 Other ID: Bldg#: 1 Card 1 of 1 Print Date:08/14/2001 , eve as npave xce view Description o e ppraise a ue ssesse" value a T ALS 801 O BOX 563 SIDNTL 1010 7,200 7,200 STERVILLE,MA 02655 eP'c - - Barnstable 2001,MA VTIA ccount an e . Tax Dist. 500 Land Ct# er.Prop. #SR VISION Life Estate DL 1 Notes: DL2 GIS ID: Yotli , ,. Y- Z F '$ . �4n r. Gode Assessed Value Yr. coae 11Y91 ... Code ASSeSSea value LARK,ARTHUR F&HARRINGTON, 6185/031 03/15/1988 U I 900 A , WILLIAMS,P 5855/326 Q 0 2000 1010 5,2001999 1010 5,2001998 1010 16,100 IMS,ROBERT 5334/001 Q 0 LAIMARTHUR F&HARRINGTON, 2075/ 42 Q 0 TOUT. 40, ota: Total: 65,5OU wooIs stgnature ac now a es a vtstt y a ata o eetor orAssessor Year yp escription mount Code Is Number mount Comm.Int. y Appraised Bldg.Value(Card) 5,300 Appraised XF(B)Value(Bldg) 1,900 ora: Appraised OB(L)Value(Bldg) 0 : ,' 1 1 ,ae, ! Appraised Land Value(Bldg) 44,000 1 . <" Special Land Value VIEW/POOR ACCESS Total Appraised Card Value 51,200 Total Appraised Parcel Value 51,200 CORRECTED(-)BATH FY97. Valuation Method: Cost/Market Valuation e otal AppraisedParcel Value , \ . . ermitissue Date lype Description Amount Insp.Date o Comp. Date Comp. Comments Date ID ua. Purposelffesult ea is e .Q . :.- _... Use Code Description Zone D Frontage Depth Units Unit Price 1.Pactor Y.L G Eactor Nbhd. Adj. Notes-AdjIspecial Pricing Adj. Unit Price Lana value Single tam , , o es: , , Total Card an nitsi 0.46JACI I-arcel latalan . ota an a ue 44,000 *roperty�ocatiofl5!JOWL#R*4P • • ! • `MIR 24PIP21P1 • w • • • +� w • • • • i • • • • • • • � � • Vision ID:15466 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 08/14/2001 �..... ..,. ... ..... ement escrption ommercia ata ements Sfyl`e/Type 36 Cottage ement ascription Model 01 Residential Heat Grade D Below Average Frame Type Baths/Plumbing tones 1 Story Occupancy 0Ceiling/Wall Ju ooms/Prtns Exterior Wall 1 14 Wood Shingle /o Common Wall 2 Wall Height Roof Structure 3 able/Hip Roof Cover 3 sph/F GIs/Cmp r sy nterior Wall 1 1 Minimum .. '+: ; ' 2 ement Code Description Pactor Interior Floor 1 9Pine/Soft Wood Uomplex 2 Floor Adj Unit Location 0 BAS 2 eating Fuel 1 None umber of Units Heating Type 1 one C Type 1 None Number of Levels /o Ownership Bedrooms 1 1 Bedroom Bathrooms 5 /2 Bathroom ' ..... `' 1 D Full+1/2 unadj.Base Kate Total Ro oms ooms Rooms i ze Add.Factor 1.66667 Grade(Q)Index 0.48 ath Type Adj.Base Rate 40.00 Kitchen Style Bldg.Value New 24,000 Ju Year Built 1930 ff.Year Built )1962 rml Physcl Dep 38 uncnlObslnc 40 con Obslnc pecl.Cond.Code peel Cond%o a mon ercentaa iulu mg a luu Overall%Cond. 22 eprec.Bldg Value ,300 Code Description nits Unit rice Yr. Dp Rt Yo Ch d Apr. Value Fireplace ISty , A r s Code Description LivingArea UrossArea Ejj.Area Unit Cost U n eprec. Value BAN First Floor IM Gros's L&ILese Are, 600i 600i 6001 RESIDENTIAL PROPERTY. MAP NO. LOT NO. FIRE DISTRICT SUMMARY STREET Off Main St. Barnstable 217 22 _ 73 LAND y Q--d--C) / B BLDGS. i� 5-- OWNER TOTAL 7�— LAND RECORD OF TRANSFER --DATE arc PG I.R.S. REMARKS: BLDGS. aY' , Arthur — — B TOTAL r' ton John• W man 3 27 2 0 20 LAN D Chester; Sims, Robert ; Curtis, David M. '46a BLDGS. Wiiiia z,, Paul F. TOTAL i LAND BLDGS. TOTAL � LAND BLDGS. TOTAL LAND BLDGS. � i TOTAL LAND ' BLDGS. 01 TOTAL LAND BLDGS. INTERIOR INSPECTED: - rn TOTAL DATE. r � - �,r � '7 LAND ACREAGE COMPUTATIONS q BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL MOUSE LOT (. - SQ O LAND EARED FRONT A,Cc4?SS BLDGS. REAR TOTAL GODS&SPROUT FRONT LAND REAR BLDGS. rn 'ASTE FRONT TOTAL REAR LAND BLDGS. TOTAL LAND BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH% FRONT FT. PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND o s ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL FOUNDATION SSMT. & ATTIC . - LAND COST ®•� c.Walls Fin. Bsmt.Area Bath Room Base ° /(/ C BLDG. COST c. Blk.Walls Bsmt. Rec. Room St. Shower Bath Bsmt. 33� PURCH. DATE :. Slab Bsmt.Garage St. Shower Ext. Walls PURCH. PRICE. k Walls Attic Fl. &Stairs Toilet Room Roof RENT X ie Walls Fin.Attic Two Fixt. Bath Floors _ TG s INTERIOR FINISH Lavatory Extra t. FA 2 3 Sink / q Attic J a r/Z r/4 ��' Plaster Water Clo. Extra XTERIOR WALLS Knotty Pine 7 Water Only ble Siding Plywood No Plumbing r1nt. Fin. ;le Siding Plasterboard in. ' SI'c)Shingles r/ TILING O Blk. G F P Bath Fl. Heat r Brk.On Int. Layout Bath Fl.&Wains. Auto Ht.Unit Veneer Int.Cond. ✓ Bath Fl. &Walls Fireplace �.- �• �� r i . Brk.On HEATING Toilet Rm. Ft. Plumbing �a�r �d Com. Brk. Hot Air Toilet Rm.Fl. &Wains. Tiling Steam Toilet Rm.Fl. &Walls ket Ins. U Hot Water St. Shower Ins. Air Cond. Tub Area• Total , Floor Furn. ROOFING COMPUTATIONS . Shingle Pipeless Furn. S.F. Pd Shingle No Heat S. F. Ik. Shingle Oil Burner S.F. e Coal Stoker S F. 'y Gas S F OUTBUILDINGS 1,Y I ROOF TYPE Electric 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 819110 MEASURED le Flat S.F. Mansard FIREPLACES S.F. Pier Found. Floor� — brat Fireplace Stack Wall Found. 0. H.Door LISTED' FLO RS Fireplace Sgle.Sdg. Roll Roofing LIGHTING Dble.Sdg. Shingle Roof h No Elect. DATE ✓ Shingle Walls Plumbing wood ROOMS Cement Blk. Electric �`� 7Z Tile Bsmt. 1st l TOTAL �ja t. Brick Int. Finish PRICED (/ le 2nd 3rd FACTOR n REPLACEMENT /Y4.47— OCCUPANCY CONSTRUCTION SIZE AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep• PHYS. VALUE Funct. ep. ACTUAL VAL. �j /7/ v 0 I v t ) 1r l _t• �. �ooa20�l5 042 �J 1'7250 I, HALLETT B. GARDNER of Barnstable (Osterville), • Barnstable County, Massachusetts, for consideration of One Dollar ($1.) paid grant to ARTHUR P. CLARK of 158 Wintergreen Circle, Barnstable (Osterville), Barnstable County, Massachusetts, with z QUITCLAIM COVENANTS, all my right, title and interest of record, , • being an undivided one-sixth (1/6) pa rt, in and to the land, together with the buildings thereon, situated in Barnstable (West), ; Barnstable County, Massachusetts, bounded and described as follows: Beginning at an iron stake set approximately two hundred ` • (200) feet from the edge of a marsh alonga stone wall North of the junction of the railroad track, .of the Western boundary of land now or formerly of Charles F. Crocker, and of the Eastern boundary of land now or formerly of John Maki; said point of beginning bein _ t the Southeasterly corner of the parcel granted herein; g thence Northerly two hundred (200) feet along the land • now or formerly of said Crocker to the marsh; thence Westerly along the edge of said marsh one hundred • (100) feet, more or less, to land now or formerly of John Maki; thence Southerly, parallel' to the first bound along the • land now or formerly of said Maki, two hundred (200) feel , '_... . . -:: to a stone bound; • thence Easterly at right angles to the stone wall by land now or formerly of said Maki, 'one hundred (100) . feet to the iron stake, being the point of beginning, be the distance more or less. Said premises are conveyed, ftoogether with a right of way; 4n common with others twenty (20) feet in width along a dirt path �•. beginning at Route 6 near a big rock across from a cemetery and extending Northerly to the railroad tracks Jar cross the^railroad. tracks for a distance of twenty (20) feet; thence Westerly along property of said railroad, one hundred (100) feet, more or less, thence Northerly along the' land now or formerly of said John Maki E •, and along the Westerly side of the land herein conveyed to the marsh. I P I JOMN ti u ou '..wrroewn AT ur � .wruvu+.;rww,wow � � '3• � . '. - !. L � v r is _ 1 li • i iooK 2075 rw 043 . I Said premises are conveyed subject. to and with the I II I • j Ijbenefit of all easements, licenses, restrictions, agreements, and jtakings of record, if any, in so far as the same may now be in �I • i ;force and applicable. j j, For my title see deed of John Maki to Hallett B. Gardner •,, is yet ali dated March 25, 1952, recorded in Barnstable Deeds Book II ii li807, Page 202 and see deed of Hallett B. Gardner et ali to David M. I'. 'Curtis et al dated September 10, 1968, recorded in said Deeds ljBook 1419, Page 813. �I! day of December , I. it WITNESS my hand and seal this 3 Y 1119 73. I II Hallett�B. ardner E iI COMMONWEALTH OF MASSACHUSETTS I I 31`—t 1973 December is I!Barnstable, ss. Then personally appeared the above named Hallett B. ill" . . { • (;Gardner and acknowledged the foregoing instrument to be his free i� Fact before me and deed, �I E i r II �hl�l�/ Notar y Pu lio ' I� Doti ti F 7�.L.✓.'s '+� ' My commission expires: ro li f l I. I � i 74 2. ;. i *} - -- -- - .. . -_.-. _� 8o7t Beginning at an iron stake set approximately trio h-indred (200) feet from the 2 Q 3 edge o'_' a marsh along a stone wall North of the j nctien c_^ the rr,ilroad trac'.:, o: t= tha :res„rrp buundar, of lend of Cherie F. Crock ,and of the Eastern coundcry of I :r __. la`+d of within. Gran:or; said point of heGinnin� be_nG the Southessterly corner o±' the parcel =,ranted her.11a, I thence ?;crtherlJ, two hcud_zc (20D) fee-, alen:- the lendsaid o" C f�,.. Crocker, to a marsa, i - t:±e:ce :5z_t;;r1v, along edZz e•" said marsh, cn= Hundred (100) _^eat, be the satae mere -r lass, tc land of tho x. thence Se_t:cr_• par,ilel to first 'o.ar.d, el�;t,t the land o.` the.xithin Grantor, two hundred�(c0 ) et, to a ctena ;-Dune "44. thence P"._stzrl_:, at en,--,les -c stone izn11, by lent of said Gra—Dr, r one nu.^.dred (lU0) facet to t7:e ro^ at`�-e "uu_-_I, of te�_nain�i be =stance more Cr leis � .'.,o _ , i 'toCeiher vlui s r_ ht of rrar, in commoothers, _..._di:-t C ac v_„h �'R,ynt� (20) feet in wid-: .. d_... DGL!:, be�,innin� .=cote i' big roc: nc ross Se. to the rail roaC trsc�s, across tn� rilrcac tracks for a distance "f f • cf ':c e C) e thence wastarl a_o cro;e: of said ra_ rosd, one hundred" l s� UC) mrc c loss; .nano[ Ortiz-rl;', alen _he _and of te7i6 Jon, i:aY_i, Ync onz the tiostorly zi9e of tho lane. ccrnever` t,ucr, co the marsh. _. I�1 P.32�; az±c i _ I J oha^_na ':al:i, - of said gra.tor. wile t s' Id I zd relrace to said Grantee all rights c dowc randM 7Ke<:E -y- Ix 741 q. dosser and ❑o,:estead and ether mtcresas tlurcin. I i --- i : i i&fineus____xc ._.._harm and sea; this._ /= _day'of hc.2 i t e({r Crnmmnmuea[:h of �asarhtascits _ I �} ""'��.s� �- Barnst.aule ss- .. .-.. - lo ,. - C Lo` cc Then personaiiv appeared the above named. ; and aci:nowlcdged the foregoing.instrument to be his .free ac and deed Wore me • C ((sf mr�nwn amtrn f e} It e ��7s }c C / Barnstable, ss., Received March 27, 1952, and is recorded. K . a x r=- z li t 4 A J �. v 3 ..807 _ _.. 2 � 2 Thistnaugage is upon the STATUTORY CONDITION,and upon the further cooditiom and eovesanta that the moo- gagma-Lail keep the premuts insured against such hazards,casualtita and commgcocies for the ben&of the ."gagce,its suco—ars and arigns,in such•moatm:and for such times as it or its sucoeaon or assigns shall request and.that if any assignment of any pay. ment of pnnci;W it made without the written consent of the said A scald..,and that oatd the within mortgage and note segued - - thetreby have been paid in full the mortgagors or their assigns will not execute or file for record say instrument which shall icq o e restrictions upon the rife or occupancy of the within mortgaged property on the 6as6 of race,color or aced no,exerane any agreo- _ - mem,lease or coeveyaoce affecting said mongaged property which®poses any such restrictions upon its sale or occupancy and upon the violation of any of the foregoing covenants or conditions,the amount then due on this mortgage and mortgage note shall become mrdiately doe and payable at the option of.aid Association,of its assigns,for any bieach of which the mortgage,or its--rages, Judl have the STATUTORY.POWER OF SALE. , • AP ..AAAz1d.Curtis....�iallett...and..�]S zab��h..A>an.._.hoax r'6 Hallett, release :to the mortgagee all rights :Iw= , .. ..c. _.".y..al>d..dower...aand.,h9 es.UAd..resppmtivfily..and...Q.thez:.., s _ In the mortgaged premises. - xalea j oXx timee#kacxtnttaagaor a yT: $[d1fams—QW:...:11and's and seal 's thi.........Z7tkl .day of_......Xa>'.p.h.........1952 r: • t r sue. • v • (?;.mttmsrtwrahth of fRiwuarhgtsrffs s� BflJf7?9t.a1119s---.....an. ........... 19.5.2 • Then personally appealed the above-named............................_...L......._... ............................... • :— ........._........................_._.I?.RA.a1,d,.G.U.:.t.7.,g...f.;3,uet.t:..4JI4:...�.l��abeth-.Ann.-3allett '• and aclmowledged the foregoing instrument to be t.ze it free act and deed,before me, - Edwin S.`aycock---- 4Of&cR Notary PPuXKc My commission expires_�ovember,L..19.55 t az ._ -. F�r Barnstable, ss., Received March 27, 1952, :and is recorded. + • i, „oho <ahi of Barnstable (Writ), Barnstable County,Massachusetts. • oeindx.married,for considemtion paid,grant ta}iellet B. Gardner,. Robcrt .Silts, Herbert D. Stringer, John F•arringtcn, and Chester ri5mman, all Of Barnstable (Ostercille), County of Barnstable withQnifrfatm ruvrrtanfa • to hold as tenants in comon, _ r the landin3anstable (t7est), bounded and described as followse (Description and encumbrances,if any) r' w y� . >�,. ... N' 3 MAP 217 PARCEL 24—67 PILOTS WAY —LEWIS LOT: Attached are the deeds for the William Lewis Lot which is the subject of this report. Notice the 1970 language reserving rights over the existing way. r Property Location: 67 PILOTS WAY MAP ID: 217/024/B00// Vision ID: 15468 Other ID: Bldg#: 1 Card 1 of 1 Print Date:08/14/2001 LEWIS, IV U ` Description Code Appraised a ue Assessed value IN ST ' 700 801 BARNSTABLE,MA 02668 Barnstable 2001,MA � .: �bwi V L , — - Account an Ref. Tax Dist. 100 Land Ct# er.Prop. #SR VISION Life Estate DL 1 Notes: DL2 GIS ID: ota 3 3,700 , x :t - 3 A - 4- u v 3 "6 .. � `. ;'... : /. .. .�,fi.:.ae., ••%/fin`� ,,. ,��.. >� •�:'���. �-• .�, ��.: �, �-,» .�.�, .� a r. Code Assesse a ue r. Code Assessed value Yr. Code ASSeSSea value HANDY,MARJORIE C 1465/871 Q 0 ,qUu 1999 13#JU -------9,-9uu 1998 130U 8,900 ota: Totaki 8,900ota: 8'quU Year lypelvescription mount Code Description JVum0er Amount' Comm.Int. Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 ota: Appraised OB(L)Value(Bldg) 0 s .. <. £ Appraised a (Bldg) 3 00 A ise Lan Value g)B 3 7 ... fEV..ice. I Special Land Value NON BUILDABLE. Total Appraised Card Value 33,700 Total Appraised Parcel Value 33,700 Valuation Method: Cost/Market Valuation e otal AppraisedParcel Value 33,70 ,-� .w � --Perm it ID Issue Date jype Description Amount Insp.Date Yo Comp. Date Comp. Comments ate I Ca. Purposelwesult � I Use Code Description Zone D Frontage Depth Units Unit Price L.1,actor actor lVbhd. Adj. Notes-Adjl6peciat Pricing A aj. nit rice Lana Value Vac an ., o es: ota ar an nits ----Ya-rcel lotalan rea* �otal Landvalue , • • 0 49 00 • • 0 0 0 0 0 0 0 000 • • 0 0 0 00 00 00 0 0 0 0 40 9 0 0 40 0 0 0 0 • • 4#rl A,*6* Xffi0 0 OAS 91 19P0000 * 0 0 0 0 0 * * * * * 0 0 0 0 0 0 Vision ID:15468 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 08/14/2001 :. , ;. =r -- :_ . y,. % Element Description COMMerCialVata blements stylerlype 99 acan an Element Description Model 0 acant Fleat Grade Frame Type: tones aths/Plumbing Occupancy Ceiling/Wall ooms/Prtns Exterior Wall 1 /o Common Wall 2 Wall Height Roof Structure Roof Cover nterior Wall 1 2Element Code Description Factor Interior Floor 1 Comp ex 2 Floor Adj Unit Location eating Fuel Heating Type Number of Units C Type Number of Levels /°Ownership Bedrooms Bathrooms na j.Base Kate Total Rooms ize Adj.Factor .00000 Grade(Q)Index .00 ath Type Adj.Base Rate .00 Kitchen Style Bldg.Value New Year Built ff.Year Built rml Physcl Dep uncnl Obslnc on Obslnc pecl.Cond.Code ,,, ... .. pecl Cond% Code Description Percentage verall%Co 1300 ac an id. eprec.Bldg Value r TwMS(L),'� : T .. .. �, •,. ; Code Description VB Units unit Price Yr. Dp Rt %Gnd Apr. 11alue „'HIM" Code Description Living Area UroSS Area Eff.Area unit Cost Undeprec. value IM Gr—oss LivlLease Area g a Property Location: 67 PILOTS WAY MAP ID: .217/024/W00// Vision ID: 15469 Other ID: Bldg#: 1 Card 1 of 1 Print Date.08/14/2001 & ' �.vim.;^a* :v�. u .m Description Code Appraise a ue AAssessed a ue MAIN ST 801 BARNSTABLE,MA 02668 Barnstable 2001,MA , •� ',�- �,�_� =x.; W'� ", ii., `r 1-%,'. ccoun396S Flan Ke . ax Dist. 500 Land Ct# er.Prop. #SR VISION Life Estate DL 1 Notes: DL2 GIS ID: ota12,800 ,,.,....1.- GWD x �::_.� :... W •: ,sue., �: ..,�� :. ;4 �,. •irr "Al��? l r. Go de Assesse a ue r. Code ASSeSSea Va ue rr. Code AAssessed value HANDY,MARJORIE C 1465/871 Q 0 3,4001999 , ota: 3,-40. Total. , ota: , This signature acknowledges a Visit by a ata Collector or Assessor ear lypelDescrtption Amount Code Description Number Amount Gomm.Int. Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 ora. Appraised OB(L)Value(Bldg) 0 a, .a-,; ! �' s S;F .. t, .^ .,4. `.'fei: ..` S�€, Special Land Valuelue(Bldg) 12,800 Appraised , ., „_ P NON BUILDABLE. Total Appraised Card Value 12,800 Total Appraised Parcel Value 12,800 Valuation Method: Cost/Market Valuation e otal AppraisedParcel Value 12,80U Permit ID Issue Date ypeDescription Amount Insp.Date o Gomp. Date Comp. CommenFs Date urpos esu t ... % :.': �.. ,>,.� �,�. .e_ - •:.s.�.,, \,,,,. _ .�'.<. � __'- ..- .,k. ..�:. -.4 \. wa \�\`�,..�,�,.._4,.vz.. ,, b... ..� .. ' -.�....➢ e,� :..": ...�;';:- .r. =: ..,s, ,...� ,..... �:,.t ��`:..s�a,. ..� s _...._..,.' •5'._ Use Gode Description Zone 1,rontage Deptit Units Unit Price L actor S.L actor Nbhd. Adj. Notes-AdjlSpeciaI Pricing Adj.Unit Price Lana value ac an ., o es: , Total Card an nits --Ta8TXC---Ta-rcel Totalan rea: 1.28 ACI 'otal LandValue12'sou • . . . . . . . . • Is * • 909000 • • 000000 • • • • • • • • • • 00400 * • *roPert}*oc2l o0679A" • • 0 • • I00l09l00P • • • *-*0 • 0 • • • • . 0 *9 • • • • Vision ID:15469 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 08/14/2001 ement Gd. Description . ommercia ata ements Style/Type —99 acan an Element Description Model 0 acant Heat AC--- Grade Frame Type tones aths/Plumbing Occupancy Ceiling/Wall ooms/Prtns Exterior Wall 1 /o Common Wall Z Wall Height Roof Structure Roof Cover nterior Wall 1 2 ement Code Description Factor Interior Floor 1 omp ex 2 Floor Adj Unit Location Heating Fuel Heating Type Number of Units C Type Number of Levels /o Ownership Bedrooms Bathrooms . .��.': ,'�; , na I.Base Kate Uu Total Rooms Size Adj.Factor .00000 ade(Q)Index .00 ath Type Adj.Base Rate .00 Kitchen Style Bldg.Value New " Year Built ff.Year Built rml Physcl Dep uncnl Obslnc con Obslnc pecl.Cond.Code ... .. .�, pecl Cond% code Description Percentage Overall%Cond. 1300 Vac Land eprec.Bldg Value Go de Description LIB Units Unit Price Yr. Dplft Yo U n pr. Value ,• I". T ��_ �'';;,� „< ,..�. `::ems ,.� � ,ter.;.�. �.��: � •, �,s. °'i <t: -Code Description p Living Area GrossArea Eff Area Unit Cost undeprec. value If X Gross LivlLease Area g Val. RESIDENTIAL PROPERTY r2217 P NO. LOT NO. FIRE DISTRICT SUMMARY YSTREET V �- ',r )/rl West Barnstable �3 LAND a 24-WB l/ 0) BLDGS. OWNER WB TOTAL LAND RECORD OF TRANSFER DATE eK PG I.R.s. REMARKS: j � BLDGS. — 6andy, Marjorie C. 3 13 70 1465 871 0 TOTAL _-7�a _ 1.27 ac LAND BLDGS. III ;'�I I,�.�. - 1'r ri}• Ir; `; �.?ter,� 0) ' / TOTAL LAND I m BLDGS. TOTAL LAND BLDGS. TOTAL LAN D BLDGS. 0� TOTAL ALAND LAND BLDGS. INTERIOR INSPECTED: rn TOTAL DATE: �f-{' �G� Z I LAND ACR AGE COMPUTATIONS BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE - TOTAL OUSE LOT LAND LEARED FRONT - 0) BLDGS. REAR' TOTAL OODS&SPROUT FRONT LAND REAR Z 7 BLDGS. ASTE FRONT TOTAL REAR LAND BLDGS. TOTAL LAND BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL F DEPTH STREET PRICE DEPTH % FRONT FT. PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. O HIGH GRAVEL RD. TOTAL RESIDENTIAL PROPERTY MAP NO. LOT NO. FIRE DISTRICT SUMMARY STREET - - Barnstable �3 LAND ry 217 24-M rn BLDGS. OWNER B TOTAL 7 U LAND "BOO RECORD OF TRANSFER DATE BK PG. I.R.S. REMARKS: 7 BLDGS. TOTAL SQ Q and Marjorie C. 3 13 70 1465 871 0 LAND I (. i L. _� '�•ir ! %i :� �-� �_ ..rr. BLDGS. TOTAL LAND � BLDGS. TOTAL LAND ' I BLDGS. 01 TOTAL I LAND BLDGS. TOTAL LAND BLDGS. OI I TOTAL LAND • INTERIOR INSPECTED: rn BLDGS. TOTAL DATE: T ABLDGLS. ACREAGE COMPUTATIONS LAND TYPE #' OF ACRES PRICE TOTAL DEPR. VALUE I OUSE LOT LAND LEARED FRONT - BLDGS. REAR TOTAL i OODS&SPROUT FRONT LAND REAR ,z dO OI BLDGS. VASTE FRONT TOTAL REAR LAND BLDGS. 01 i TOTAL LAN D BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL .. NT DEPTH STREET PRICE DEPTH% FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL �� R N • •-_ 1 MA"CMU{aTTs GUITCLAIM 029n LAMA POEM 4WOMOVAL)aaa .. t I _ i I 04037 I, CHARLES F. CROCKER, JR. I 1 _ Of Duxbury (South), Plymouth Cmnt KIM&ItnpetH. I `rih�>memmirs,for coasidemtion paid,goat to MARJORIE C. HANDY being unmarried, j �! Barnstable County, Massachusetts, of Route 6A, Barnstable (West), - - with quitrlalm caottutttta -_ - [Drxtiptim and tocumbnnca•d Lay] a certain parcel of land situated in Barnstable, Barnstable County, - Massachusetts, bounded and described as follows: SOUTHERLY by the New York, New Haven and Hartford Railroad Company land; WESTERLY by land now or formerly of John Maki; NORTHERLY by High Water Mark at Barnstable Harbour; and EASTERLY by land of William H. Lewis III. Together with aright of way for all purposes for which ways are commonly used in the Town of Barnstable over the present existing j Way to and from the granted premises and the State Highway, and i together with the right to maintain utilities in said Way, jThe grantor specifically reserves a right of way over the' • existing way over theabove described premises to be used in coatalon with the grantee to and from the land of the New York, New Haven and Hartford Railroad Company and he marsh on the north side of tha above described premises below high water mark: i The consideration for this conveyance is $4,000.00. PW ✓� 1'0.:1?7: Imo• � - - _ aooK146S Pltf H71 ('Individual—Joint Temnu—Tenants in Common—Tensou by the Entirety.) i CHAP=163=6 AS ADO>t M BY CHAP=3a1 op 1967 IMF dad psrsmf far now aWl anuis w h m 0400 d ON It the 14 ssoti teidanm and pia office sddnu of tie ON=& Mon an ample VA dda saoiss ahaa so dsa the sdYYp d or dUL lio tisiMtr d dssdt tdsdl soorp•drsd for stmrdhte Y�ht b b ft"Urs Vib is n"6nrb d iY maim • • #' i r Y- #� r vt.';r III {i I A 3 TTiTis ! x Qr!sttl�', x � [ s a R1;aly �sT x � #�}+.a�r s�,.'-,t^ d c�s• .e-t:� _s.. .... _«.,�, .„,F t� _ �-� �� ��, r • • • MAP 217 PARCEL 20—JOHN MAKI RD.- SOUTH of TRACKS: • Currently owned by William Jeffries, this land is the site of the current subdivision effort. Note the reserved easement over the entire lot. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Property Location: JOHN MAKI ROAD MAP ID: 217/020/WOO/ Vision ID: 15464 Other ID: Bldg#. 1 Card 1 of I Print Date:08/14/2001 4, �i1;4-fjw;(i-11!M"- Z:9111"1-Mmr-1 Jh1111IUhb,WILLIAM hJK&AA I HLZEN Description (-oae Appraisea value Anessea value 110 ACORN DRIVE RES-L-AND l.300 801 W BARNSTABLE,MA 02668 4EE Barnstable 2001,MA ccount &,5 q KIM YrJT— Plan Ref. Tax Dist. 500 Land Ct# Per.Prop. #SR Life Estate #DL I LOT 2 Notes: VISION #DL 2 GIS ID: Twall 3 9 3339500 4' INABILWM. q1q, V/, '1"P , 11� ' JEttKIEN,WILLIAM hJK&KAI ULEEN 1111UYUM 3/15/1906-�IPYr. Code Assessed value Yr. (code Assessed Value Yr. Code Assessed Value - JEFFRIES,WILLIAM E JR& 5198/039 07/15/1986 U V 100,000 N -ZM T3U0 137,51JU1999 IJUU 5OU1996 13ou 137,50 JARVI,AILI P 1237/546 Q 0 Totall —=,5UU 1otal:7:5UU latal:1 137,50U L is signature ac now ledges a visit by auata collector or ssessor Thic Year ypelDescription Amount Code Description um er Amount Uomm.Int. Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 Appraised OB(L)Value(Bldg) 0 Total: Appraised Land Value(Bldg) 333,500 14 Special Land Vilue I'a, Total Appraised Card Value 333,500 Total Appraised Par661 Value 333,500 Valuation Method: Cost/Market Valuation Net'fotal Appraised Parcel Varu-e - 333,ermit500 Vk V u Issue Date Iype Description Amount Insp.Date %Comp. Date Comp. Comments ate PurposelResult I NIZK "Ut 4V T",bim�\ B# Use Go de Description Zone D 'rontagel Depth netsunit Price actor actor Notes-Adj15peczal Pricing I A . nitrice an a ue A, 1.0" --I.uu 5 1.00 78AB UM SPUL( 80,00D.U9 80,I IJUU Vac Land 5 1 1.00 AC -,U13)NoTes,ITT VAU.V 1 1300 %c Land 5 8 6.76 AC 169500.00 1.00 5 1.00 78AB 0.80 SPCL(8.,U14)Notes:14 1ACRI 379500.00 253,500 -7.loral Card Land Units arcel 7 otal an A rea:l 7.76 ACI lotalLand railuel Vision ID:15464 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 08/14/2001 ._. �..« ._. ...� �.. _....� .�•M,,.,, a: ..�...: .>a......�s.�r.. �i,. _ a. .� ..>.a.., ��";+,a, ,: ��. .::r ,.:•� .., ,.. - -:� _�, -:.row.,.�. 1121 .h -- ement ca. Ch. Description c-ommerciatuata Elements style type 99 Vacantan ement Cd. Ch. Description odel 00 Vacant Heat ade Frame Type Baths/Plumbing Stories Occupancy Ceiling/Wall ooms/Prtns Exterior Wall 1 2 /o Common Wall Wall Height oof Structure Roof Cover Interior Wall 1 2 ement o e escnptipteon ractor Interior Floor 1 Comp Tex Z Floor Adj Unit Location Heating Fuel Heating Type Number of Units C Type Number of Levels /o Ownership Bedrooms Bathrooms _ .� 1I . PAL MA na j. ase Kate otal Rooms ize Adj.Factor .00000 Cirade .00 ath Type Adj.Base Rate .00 Kitchen Style Bldg.Value New Year Built ff.Year Built rml Physcl Dep uncnl Obslnc con Obslnc , :' pecl.Cond.Code s"' pecl Cond% Code Description ercenta a Overall%Cond. IJUU vac .an eprec.Bldg Value AMU- Code Description LIV Units Unit Price Yr. Dp .,t %Cna Apr. ralue ' r lavMM4 ` z i Code DDescription Living Area Gross Area Ejj.Area Unit Cost Undeprec. Value IM Gross LivlLease Area 01 Bldg Val. Property Location: JOHN MAKI ROAD MAP ID: 217/020/B00// Vision ID: 15463 Other ID: Bldg#: 1 Card 1 of 1 Print Date:08/14/2001 escription 'ode Appraised ValueAssess"e a ue 110 ACORN DRIVE 801 BARNSTABLE,MA 02668 Barnstable 2001,MA ,. ccount an MR. Tax Dist. 500 Land Ct# er.Prop. #SR VISION Life Estate DL 1 LOT 2 Notes: DL 2 GIS ID: 4,OOU :.,� •, "w, t,. R'10L I E, 4 VA ., 2. y.T. JEFFRIES, r. Code Assessed value Yr. Code Assessed value Yr. Code Assessed value EFFRIES,WILLIAM E JR& 5198/039 07/15/1986 U V 100,000 N _2W 1300 191001999 1juu 1,10U1998 , ARVI,AILI P 1237/546 Q 0 ota: I, ota: 1,14ota - 1,100 3 is signature ac now a ges a visit y aData o ector or Assessor , .� '','� ..�''„ �� , ,r , Year I)vpelDescription \ mount Code Description Number Amount Comm.Int. Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 ota• Appraised OB(L)Value(Bldg) 0 ; °. T I t ` A<< ',', Special Land Va uelue(Bldg) 4,000 Total Appraised Card Value 4,000 Total Appraised Parcel Value 4,000 Valuation Method: Cost/Market Valuation e otal AppraisedParcel Value , W, 1, c �,. , '. �.w,+ > , . .,,.. . ,;,. C._ .. .. .......�,...\ „ ,r.r �..,,,._ ...>:.�. .,...� :k'. \� ........ .a.. ,., a 'S`:. a "YS 'i. �.... .... ,a ':: ', `.....x...... ..' .... a. k : ermtt ID Issue Date lype Description Amount Insp.Date o Comp. Date Gomp. Comments ate PurposelKesult ,.. . M . .,�..• s. �:.;. : a �,.:�. .� �� ,.�. ��..o�,�,�.� �. ::.� :..��, ...�...\IN ...:� use Code escription one rontage Depthnits nit rice actor actor j. ores- ,/pecuz racing Adj. Unit Price Land Valuev" Vac an o es: 4,90 ota Cardan nits arce ota an rea: ota an a ue , • 0900009101001000 100 49 OF*­O; �ro rt oc�on d`IIN 1 •"� � � � �viA!IJR2k09M1-,** 0400-40090040-0400409-0000-0 Vision ID:15463 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 08/14/2001 Dement Gd. Ch. Description Commercial Data ements Style/Type 99 V:cant LandElement, Ca. ch. Description Model DO Vacant eat rade Frame Type Stories Baths/Plumbing Occupancy Ceiling/Wall ooms/Prtns Exterior Wall 1 /o Common Wall 2 Wall Height Roof Structure Roof Cover x w Interior Wall I F^ , 2 ement Gode escripton Pactor Interior Floor 1 Comp ex 2 Floor Adj Unit Location eating Fuel eating Type Number of Units C Type Number of Levels /o Ownership Bedrooms Bathrooms ria j. ase e otal Rooms ize Adj.Factor .00000 Grade(Q)Index .00 ath Type Adj.Base Rate .00 Kitchen Style Bldg.Value New Year Built ff.Year Built rml Physcl Dep uncnl Obslnc con Obslnc Inli L34"MUSE �' ._.�' pecl.Condo Code Code Description Percentage Pecl Con /o ac Lana Overall%Cond. eprec.Bldg Value It L + _ .XT'RA .EATIIRES(B) eft t-..s v..,u. ..' .�.:;rZ> .,. ..ice.2'/a�a,,:fir.•��; `..tea.✓./ �,�.: ,�.�' " code Description LILf Units unuPrice Yr. p Rt %Cnd Apr. Value Code Description LivingArea ross rea Ejj.Area Unit Gost Undeprec. Value IM Ciross LivlLease Area g a RESIDENTIAL PROPERTY MAP NO. LOT NO. • FIRE DISTRICT SUMMARY STREET Off Main St. West Barnstable 217 20 _— 's7B 73 LAND /so o-O BLDGS. 01 OWNER ( -Gt: /�'2..v.i - i=-+-.�' .(1..�.�..y. . TOTAL LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: ry5 BLDGS. OI J orvi Ai_li p 2/11/6 123 546 0 TOTAL 7.51a LAND 1(-�Lr-✓l+'( ,..�: >.�r'...�, f,_) }....a.-71 BLDGS. m TOTAL LAND i at BLDGS. TOTAL LAND BLDGS. TOTAL _ LAND BLDGS. TOTAL _ LAND BLDGS. 0) TOTAL LAND BLDGS. INTERIOR INSPECTED: rn — TOTAL DATE: LAND ACREAGE COMPUTATIONS BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE ^ TOTAL USE LOT EARED FRONT BLDGS. REAR TOTAL GODS&SPROUT FIi;NT a — a p ALANDREAR -ASTE FRONT REAR LAND BLDGS. %� LJ TOTAL L' qLAND35 16 �' �� atLOT COMPUTATIONS LAND FACTORS FRONT DEPTH STREET PRICE DEPTH%I FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND 1N ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL Aok I D • LAN • JY __ The two shove described parcels of land are shown on Soule 1 in. ^80 It. a plan entitled, "Plan l+nl, is of Land in West Barnstable-Mass. Belonging to John Mlld NA-1 w"owei Jan. 27, 1964 Nelson Hearse-Richard Law, Surveyors,centervllle,Mass." to be } - County,Ma husetts, recorded herevith in the Berm table County Registry of Deeds.. 1-astable (West), Barnstable County mrieA,for coosidera p id,S-1 to AILI PAULINE JARVZ - For my title, see three(3)deeds to me, all date Aprils , 1919 one from - Mary B. Loring recorded in sold Registry in Book 7 Pa ) m Nary H. 4 - Loring, Guardian of Ruth H. Loring recorded in Bookor a Fina 32 ' and one from Charles L. Bassett, Guardian of Henry B. Loring roc oY.367 Page 326. Of Barnstable (West), Barnstable County, Said premises are sub Seet to an .. meat 1n favor f.Cape 6 Vineyard Electric CO. dated FeP=Us 3. 1922 ar ecordedei'neBeak 382 Page'1.,"' and to a rvad taking sachuaetts made by,the County oI Rarnstable, dated July 15, 1027 and recorded in Hook LLd Page -16. - :'gvlirlalm wrnanla lands together with the buildings thereon situated in Barnstable (West), Barnstable The 2C'font right of day as hewn on the above m oaed ean is subJect n ty,Massachusetts, bounded and described as fellow s: ,the rights of record of all persons legallyentitled tou a the same. TDoaipem ud..�.mm."ca.u us7 �'" IL�4Y�FR1�Sp(gq� . LEL 1: ITHERLY by land formerly of John Smith heirs. Five Hundred Seventy-Five (575) east,mare or less; 40 feet mare r less, d by land -- rY�Ni�%b-SrnxK'RENXS,Y-rtlt�ny � ` '�`x��xXA7.�PAxSh`llS3B'' ;TERLY BY ek,Five Hundred Forty($ ) now or formerly of Gorham Crosby Heirs, f7ve Hundred(50U)feet more or elss; 7T1{ERLY by land of Ballot B.Gardner at all, One Hundred(100)feet more or ...........hind. and scat this..........�.......`..._...-dvy oL.._......Febrva.y._.........19.6L._ lessid; ar 1 7TLRLY by sa Gdner et.all land, One F!vndred Eighty (180)feet more or less. feet; - - 5............7 qq 3TFIERLT said Gardner et all land. Ninety-Five and 77/1CU(95.771 , _...._.........................................._................._..........._ s........-._.6'...'�,:.. I... !..�.+`C�'LJcR.....iik_ by STERLY by land of Besse B.Crocker, Tao Hundred Thirty-one and 32/100 _ (231.32)feet) .............._....................__................_....................._ _.__....._.....,..._........._................_.........................._... . UTHERLY by land of Trustees of New York. New Havana&Hartford R. R.°feet; I curved line,Six Hundred Thirty-Nine ................ ........ .. ..... ....... ... .......... ................ STERLY by said Railroad lard, Ninety and 10/100(90.10) feet; UTHERLY by said Railroad land, Three Hundred Seventy and 13/100 (370.13) sF:D r.c:mr.'vnn1117 0 �..> rhnnrlte - feet. :STERLY by land'Of V.Elcned Leeman, T..Hundred Eighty-Eight and CQ/100 BARNSTAB7E :c FEERUAR- 19 6L (s288.00)feet; and ;RTFru'EST'LTiLY by aid leeman land, Two Hundred (200) feet m or less and by a creek Seven Hundred Eighty(780)feet more or less, ---- Then;x.orally appeac a de ebo.e a-L, John Na},i aid parcel_of land contains 5.61 acres of upland and 15 acres, ore or less, marshland. LfiCEL 2: v,d,cknnvledgod Use fnrego:ca:r.-tn>2veot m M has .free att and deed.before me ' 7'TfGRLY by lard of Trustees of New Ycrk, New Haven&Hartford R.R.Co. 'oy a �qL). ............- straight line, one Hundred S0 anty-Cme and 10/1C0 (171.10)f6at - ....... .. N - _t1d.A / g®ri- ORTHERLYand by a carved line,Five Hundred Eighty-five and 00/1.00(585.00) ,�t.c yam , GESTEBLY by laid of Besse B. Crocker by three courses measuring together, Fourt ,, .Hundred O:e andOh/100(h01.04) feet: O 6 �b5�byland ofsaid CFecker, One Hundred Seventy-Nine and 07y100(179.07) B�`� ?yG I �-- -�feet; p f 'sr'�ASTERLY byland or Harold F.Cecgge et ux,Six Hundred Ninety-Two and 85/10G(692.85)feet• OUTHERLY by Main Street,by two c easuring together Two Hundred Sixty- Five and 03/300(265.03)Sfeet; to then . ESTEP.LY by land of Aleksanter Jarvi et all by three u rsea measuring ge Three Hundred fYrty-Two and L6/100(352.46)feet; CTHERIS by said Jarvi land, One Hundred Ninety and 00/100 (190.00)feet_ IESTERLY by land of s Carl and A-O. Solo, TWO Hundred Fifty-Ore and 26/160 (2251.28)feet; - muc,HT.v ..v . 'd Salo land! One Hundred Ninety-Seven and 55/100 (197.55) rest; _ . I,AI1S'PAOL7I7E JAAVI s'+'LSTEZLY ngazn by said ur o Salo land by fo rw-se era urinC together Six r` of—Bar table_(Ne Hundred Siaty-Seven and 911100(667.91)feet. 'Iy Counh,M.—hvsctta,bring unman;cd,for cnnsidention paid gra t to the c , ore o s. 'lid par^el of land Bantam 12.71 a r le.s 1LYANNIS CO-OPL•RATiVE BANK re m Massachua.0 with MORTGAGE CO\�ENAEiTS,to seeert tLc h 1—above d-sc:-Lbed parfels of land a_re shown on a nlao entitled, "Plato AY sitvatd m Hyamis,Hammblc Comry, f land n Hest Ba.�sntable-Haas. Belorging to John Hak_ Seale 1 in. -8L it. . .a . p _ P yoent of 7 l.o V l b Pichx-d�;,av,Sur,-yors, ;enten-i,ls,Mass.^ to be 'E^h. ___FIVE THIfUaaMl�liD 00/100($5"OW.f.XL)===r___ _--------- poNan Hth th n+ tattle C utity Rr.ga Leeds. with in area th.eon,paszble in fixd monthly imlxllmenb on.tee___ --- ._dal'.of _ o p t ,to 2n_as r^nn, C -'-f rate&Vineyard Elect.^•ic i each month h.eafter,which payments shall first be applied to imcresl then due and the 6alann tirertor rmuining ,,ten..)ra,y 3: 922 and reenrde.d-in 9nok 382 P le re corded a+M:n a road tal._n¢ 1 + -no by':a- .n-ty r..'Ba,-!—hl.e dated July 15.1927 and in Pool:It L•E.age applied to principal;the intent to Le computed monthly in ad.ance on the arnryid'oa!ance,[ogether.rilh such fin. on into:and pAtnipo)in arrran as a Provided for by said bank;with the-ight to rent,^additmn.I pa. ,n.. �.y _ s • t of said principal sum at any nme,escept as set'on`r Lcloa;and svLjevt to changes,from time tomrmc. ^p nr ray n_ nmrr•an the a i ro.^t.on-d tl a.-,a. :!:Jett to on accaun_ rtti h,- I n all ce^son 1 l,l, d t ale ink noes^. - '.. as p—ided by General Lama,Chapter 170,S.Iian 24 Sub sits.8,m amend d• __ n n rn.r. title ran dc... n I n F,],J.' duly:^corned �.h••cvrlh.r - ap r' al!as provided in_.___,Cy______..-_note ni,vyrr tUte,and such lusher sums as rw:,v I.,,.1 -1 I.y the gra c,unit,,Ga:erxl 1--Chapter 193,Sections 28A,a. u:lcd.the land:.irth the Ut ldin„ th...nrr, - Inrludi:, a Part of the really au P.-blr o sal buildings,holing appara trs,plumbing,nnges situated in said Barnstable (Nest),bounded and described as follows. - s.storm J.mr.and a odo—. it In—gas ld it and d-,ic finny..screens.screen doors,awnings, - oil ondit: mg aPVandus,all.0—fi--of`whatever kin an d d n n yid p-ro; ,or ha—fee,placed. wv PARCEL 1: po rn the lull pawmcnt and discharge of this mortgage,:nsoiarrae the same arc or Farr by agrearxnt of NORTHERLY by land forrcerly of John Solth heirs,Five Hundred Seventy-Five (575) _ d.,pvd.be made a Pan of the rwlt, feces,more r less; •' ;�. EASTERLY by ek Five Hundred Forty(5L0) feet ore r less, d by land "Ibis mongaca i>olwrr the eiat:nmy,onJniun,and spun tl,.:Ivrther evndihons: r formerly of Gorbam Crosby Heirs, Five or (500) fees '- l fr�. ')lint thv mrdvrsignol all nth sulrsvquc .. rr r We<Vuit rcJcml,tinn o":hc real not+ shall at:ill tin c.•Lv a`n• .rtr of thcr�i rl Co tlianl:,all alrall r open SGUTHERLY by land n of Hallet R.Gardner et ali, One Hundred(100)feet.—or ., .. I p y+` m aced.h I r on c v d thaw rl c pro••ism:s of less I';v r' 0 !I 1J.1 and u h,.aVl l L I .I 11 a,a I bents b,comphtd iv tic;and EASTERLY by said Gard— 1i Gard—et aIt land,One Hundred Eighty(18C) feet more or �^'- II :rL t v.«I r hall c r a I«.I a ul a .d this mortgage for w Lich the"a- lead; w:gaget sl:1rll I,v.�ouir loo auJ patalJv:nnhwith,at:In;upli.nr nl the N07"REELY by —4d�Gardner et aIt land,Ninety-Flue and 77/100 (95.77)feet; �'''-. d ! s , EASTERLY by land of Besse B. Crocker,Two Hundred Thirty-Ole and 32/1GG 8- . r r: th (231.32) feet; _ _ 11 \1 y.y 1 b sparrrrt ur none.,,:vd v,Ivr,•whin dnc n .,t oJc .r l rca nor, SOJTHERLY by land of Traetees of New York, hew Haven&Hartford R,A, Co., by II I I ! at I s rvr d a vv pmr,rnrn uP.n rl r e J P persa.nod u ad line,Six Hundred Thirty-Aire and 73/100 (639.73)feet: % -1: I I"o:[hc Dl m¢ I d 1 to p—idv d,v hlnrtgagr wdb s r' rd+with NFSTE.LY by said Railroad land,Ninety and 10/100(90.10)feet; Iri,lr h nok_:a 1 0_nrr hr N P.r Lc t.l orgag r die u s im SORTHERLY by said Railroad land,Three Hundred Seventy-and 131100 (370.13) y - aondh i add. o:�ir 1•,',�:c[ 01 pdu'fpal,d s ea feet; -_ +, vi.Ic:1: s Ih,n curd by this ngagr, mend hl apPmi nmr. r. c r r ,.,1 ty d"..\loch- _ WEST BUT - by land of V. Elvned Leeman, Tsan Hundred Eighty-Fight and 00/1CC �'" ::x;:cr m'n slrlliri_m v S:aI,all.aid paw a,as Ihry shall ttw.mcudoc,and any wtanre due is,mry of^,rid (288.00)feet; end _7 Y- pay shall:K I`.�:•I by dew Mortpf,-. If at the tic:: of making airy n ciiil pavrnerus^-;J tl or u has NGRTEfN£STHRLY by aid Leeman land, Two Hundred(2.00)fee r les and by a . seedlid:ro .rid ylor'iymgnr under um P—miva,vnf thin Imngnsph solid,.")folds u Pry thrt sa`sw,:he creek,Seven Hundred Eighty(780) feet sa r less ., ''.I,vrg:rsrt,I,al:fn+hv.itls nariir the Mnngagor by mail sort to h s last known aJJvcss,and,slrall rvalu.t Iri:n m . Ir::y maid dl--,i,;rc within;,:h days the«a:ter the boha d.,,no said payrnmrt and Ihv iailnre ni said Mon- Said paI^_el of land captain.5.61 acres of upland and 15 acres, ere or less, r Lu\fungal•y sc,h sons wn!rin said pericd ahail Su a broth of the condition of tlris mortgage: of_ahland. `', :'r,•r IThia'_ 11'h_rlr::Mon r shall kt all and a e.rlar If,,aaij prrmiset in_n h repair,r,ni a d rnndi- A' lino:.,sh•.rY r Ira while thi.rr:ngxg r,dm,r uls!r`' and:e n PARCEL 2: laA day a by I r oulw cel+n,L,-dvsln:l no,nV,r su Gc: 'iolai anf a y Uw o "din."!"•a ff—mg the 5:-- NORTHERLY by land of Trustees of Nev York,New Haven-&Hartford R.A.Co. by — n�n agvrl p' .`•I�.n,,.r s:n l k,cpr d`chb.rhrr g:uo:•nr I.crcai,cr saanvling nn a.r d rand insured straight line, One Rendred Seventy-One and 10/100 (171.1C)feet .pi-firen J( 1 cgoirtd by l!le MonNagv,).!.a;•arrrst Darer wsuahivs uw comiagrnvn rs ' = rn the htoagagee;and all insurance upon said buildings shall be!o,the benefit nI,and fires payaId it vase ofvloss to the Mongagcc;and the Afor ,r shall depmi,all of said mills-Policies with the 3longag— ' tl otl ro P r ch is n `<a yrurn ^ - /•ou 'prat farlurc nrpls with an os .c .nit.r ndv v.lhr th mngaE ti and by a•vrtRd litre, Five Handretl Kghty-Five and Co/300(585.00) _ o pay a of said to r�rl'n np:i thin,c 3U)r Mcs frill dsc dal when the s c hrcnm.due feet; - noding a rlirr Y Prior breach a conditionshall make the w sole of the Lalonce of -dzs ERLY by land of Besse B.C ken by th a coarsen measuring together, Four said principal st i; rediat,ly do,rand lnytbl,at the ap,iun of lh,hnldn hereof. Honored on.ana G4/loo(bol.oh) feet-, t :ar.+. .. Ito::von of defaul,in any o-:hc term rondi tie.of This mongaga o of then r nry r u:c xcur+l J .. ref IlapalQu1114'.Ily,y Q ,t.Q �� , iT'- ,allllll" n - m a.. i 9n Inq. -dill iLf� t - l C cl rn J+ ,.E, l 9 1 a -,'A,.217 rcR c o l c�a aL y cD�pafl'.lulllllx I �l Oa ;:,p,�n: hill III .. . I JC.lt.o,.0 � �✓'✓L �1+� �� �t�tr�C�.oti,v' /D'�- �� 0..V'LR., /IU � pJ�v�co.�q� r. n C l"d �G�r a ati �YV I 4 Q Gt �ivvi a y vac, IL CJd vt Q�f G LvOvt �L'+2� n 1L � (,'vtlC,la�t. Cwt.CC �^nL `!''VLR�L¢.c- Q a d I�wi a�a.t�Ca., Jn� -/ •�a / l ou d a d Dct� r y � a , ����I6 �iilllllll�!rd,`.,, i ^ , /T-{'L0.iwL,� Qnnn., k-�.L�GLt.t.t� �W✓wu J.�D- .�c.LVLd ��lJ�"���,�/'gv�✓� )"G�l Ilr:l. a.0 d .(u G JW(Y it. d I Q,, a.0�.0 Cp, «G .upz G�;- �JC.�.aJri� LiC- �g19j" I I /Cl1`n��Iwv/�GVLZ JLVI. 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I J an ti L.G.(tLU CR, trww a��Lic� O��a-C/LL 0. a�ar I a�pIJ9!r N2�,o wa-, RL JV c'ov� ALV, a,t a I—t"L GLwd °� IIIdiVI � Ac,.at¢�ay .�tro-od.Q.owd. io�: Ct.wo(�.ur �c�v�.�t� 0. (l.Cm a ,2,�r�aA ,Q,� c.H d I ��/L1MiV1ivK' AvWGL 0� . �.,��• m &Lo I I IV1 UUU �� ;auuudllli iLL`0'�'�(.C.an�•0..�.QowoL _ � L,I,,4 1 Via;; o wwvt l?/t Q Q CLC/t Q c1 GN'.Lk /L?Nfit/L Il/ NV✓fiL2 0 L X2�• ��Q.� �Ld '-fo .c. ,UC.Ltvl.� _'t� �t.L .Q.OwCL P�-�. OwLxL il," I.LL-vt,Q, O'tiLGL. �4 J--Zl 'UL to O .CL o_Gln,tiww�, C.(i7Ld.' 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CLXD,,6.Citt�v9��/� .Q.Q,raL/J.. i A.t CL ro�,t,�,cla cl a tid. d.�a.cr . of a. •� ,�vet �,�,� a a,i -A _e a,L a . "cL AA.ip'wllag.'L am- ,�pn.Q.. ,a.o,tl l �1•.0.. �V,.Wn:..ti �- 0 1 , , 4( i>✓t,'v-a'�.l..a.wcC wCk-c�.^,v� ; tL � r wz.uLG+.../✓v�- ,� �0 -- � a ws vw i / CWnI 0. .4VLL M� iz OL `A !r'�ii"3yw vv I '� 'r).,�. .Ct.�.2'.�✓I.( �.v.V✓„t.�/•L G�,� a. ,�G.L G.�-� ew��i� k�m,f,�[i.iC-'�.(�f..1� �p,�( - u ' !�`� GL(,n �� G`�N✓Lr-v(,LG/v i�l,ti.l;t-C.E v{'GLLG�F/2�L,^iLVL/ h ,.t.� /-J�cv✓7/.G� . '�'�'� ,C''' rjVwt.cC.. �6/ ,cN�`TU..,�c..,.i.C�-• ,¢iv}iw �L.wu-E-!'��� aV(vwa�LGfuo`_ .CLiE.. GLv,.<d - _ •:_ .. �. f ,Q Yiuv�L,C.; /�.'.t2+.vCR- .Q. �(-�ti ,^✓uda. MrVD'L� oz. i(r G�iw�- �a.z.r� + ay, i !✓`�2 i01A, (O-t_ / lv k �✓JG d 1�2 c✓v✓�f(GwC` iD Ca ✓u*✓ _ 2 4 d yn/I + - O. G,LGC VV/ t O ivt d V�C ' Q Lwd Nu Z1 GL ' 4 t�V�.Q �r✓•/+7u. its — �- .� r�t�G�. ��v�o�w d mac.✓t�t,ad cl. 1,�-;C.t,�G.v�%�.�.t. I cv��rvvt- ,/�--wvc- all (- o/✓ ,� ate. �- a ,i_ /N�vt.a. �1/1,-LIA. t d. L. /✓� G1. %�-C.7.�.G-1- V.%'/V�- U.4J✓fiLl- -, ,�^•L"t'GE' �vw'✓'✓vvwt- ' �^✓tea wc� a ��k ' 'f,�u.fa ,✓� D_ 4J..cLGLE- G✓wcC kl�v'�C.�,CI.t.Ei�✓,_F. iLL� � a•,•t-' i r rz` .• ' C,.c-a,-� n✓v�+�.�. /U� t:vv'��.i�.+.✓L:_ �o',�;:�.,i,w, ;�.tn,,,ti (Vito', � i.t.-��,�w� _ 'F It CL/,c'C. ✓t;l.z'"-iz..tcw,.0. nivfiW �'t n , �Lbi -� L . . � n�a,r�:,, - �✓,.��w.. c;,,,�d �wv'�-ct,�.cv,�.cC .� �,,,,;a.a,v�,�.a. .t�,��.�r��e .�t.�. � IL ill -- s�„ w ;�� �tia.,t��„a,✓�..,� ,�,Vt�ta.�. o.J„ r ��. , �� s, ,�.c�.,�.d�-d. �I��„�,,,�,L �-,', / i � +�Uu'y�1. /(1 �, I a9.e. `{`-f�. �(IV�,L,.,;4.4.d- nn� .(n.�•,n- a,+•,•cL /La-a.L �-c.aJ ; _. ��Cw+..✓t.. � -d,Cam-� Vim CNLL�n.CLt,,. .� VJ p o. a+.'a � �'t. � �CV✓iiw�C,'�0..�.C.fi,. D� I✓C �a{� i1 oV rrl�-o lfU1 55. OL)4"vk 3 0, l° 9. J�,J�,� �� aC! a o✓ cl ,`�% a-i 1 n a Y Vl.D✓in7 i J• =qat• C V d � �,�s.,• � r pp�� Q �� lam` C.,C✓vow/ ^- G' lr �; l 9� 5 S. }f i lA �+ i _ l� rye 17 ,t2,� i C4,"CL !V-oti,�i„z iO YJM ti�a.Ca,v , eu. o� - - ��� D.Q.a.�o ty,¢- /U��(/.� Xka-,Q,cu.d. �`p�'�,,/✓�,,'�-%I f3• lJ�,o-u.l.w.;�, ,wl.�., av:� _ _�. ,_ �° t ,i.t„• i/ �,..0�p./t,� wwG� J '�' ,�,,r� P�M,td, �n�,� C�.vpv�,,G ,�,p f r k • MAP 217 PARCEL 23 — 130 JOHN MAKI RD. This is North of the tracks and currently owned by Barnstable.Land Trust. A —"- -,20-foot wide easement is reserved across the lot with no specifics as to —where. The Gunning Camp comes over this drive to get to their camp. Property Location: 130 JOHN MAKI ROAD MAP ID: 217/023 Vision ID: 15467 Other]D:(� Bldg#: 1 Card 1 of I Print Date:08/14/2001 WR U�W, V1 'h "AA1,411 .lw--�' f�j'� "YL,U GA 110, S1 UN U Description Code Appralsea value Assessed value EXNFL-AND 9050 29OUU -7ylffm P 0 BOX 224 , 801 COTUIT,MA 02635 Barnstable 2001,MA Nc—countif 133947 Plan Ret. Tax Dist. 500 Land Ct# Per.Prop. #SR Life Estate #DL I Notes: VISION #DL 2 CIS ID: lotall 29,000 1 29,00U U R-1W C�y ASSLSSML -'� "111"If At 1 4'? j f 12 XAL X' ISAIUNbIAISELLAINJU IRUbl 11N YYYX LOY 12/15/199n U v I K r. Assessed Value r. 0 ssessed Value Yr. code Assesse Value ALL,JOHN C 11 ET ALS 3684/046 03/15/1983 Q 0 2UUU 9050 23,8091999 qu5u "8 qU50 23,80 Total:1 23,80U—To-tat: 23,-800 Totaf� 23,8uu I his signature a C_ Mb? cknowledges a visit by a — 0 ector or Assessor 'P tv Data Year 7ypelvescription Amount Code Description Number Amount omm.Int. f"W"®RY!"It AVIS dT Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 Totaki Appraised OB(L)Value(Bldg) 0 77, Appraised Land Value(Bldg) 29,000 R' '44 Special Land Value AJUJ AUUENN...... Total Appraised Card Value 29,000 Total Appraised Parcel Value 29,000 Valuation Method: Cost/Market Valuation e otal Appraised Parcel Value 2990ou W A ltR.Permit ID slue ate lype Description A mount-Tn-sp-.-D-ate %Comp. Date MR Comments ate rposelResult Flyly -g' ft 91 H# Use Code Description one D jProntage Depth Units Unit Price 1.Factor S.L G Pactor ]Vbhd. Adj. 1vvotes-Adil3pectai Pricing I. unit Price Land Value T- Ki I ORG RF 5 0.44 AC 1649000-.N---T.0-E U.tffl 73AH 0.8USPUL(-44,U1j)1Notes:13 IVAL 66,U00.00 29,OOU Total Gard an unitsi 0.44JAC, Parcel Total 9 0 0 0 0 0 0 0 0 9 0 0 0 0 0 0 0 0 0 0 0 0 9 0 0 0 'Rro qq, AnP13V0WRANDO0 0 *MVIP2*1OZSIP � � � � � � � • � � � � � � � • � � � � � � • Vision ID:15467 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 08/14/2001 s Element ca. Ch. DescriptionCommercialbata Elements Style/I ype 99 Vacantan ement Description Model 00 Vacant Heat rade Frame Type Stories Baths/Plumbing ' Occupancy Ceiling/Wall ooms/Prtns Exterior Wall 1 /o Common Wall Z Wall Height Roof Structure oof Cover Interior Wall 1 Element code Description actor 2 - Interior Floor 1 Complex 2 Floor Adj Unit Location eating Fuel Heating Type Number of Units C Type Number of Levels /o Ownership . Bedrooms athrooms :. na j.Base to Total Rooms Size Adj.Factor .00000 Grade(Q)Index .00 Bath Type Adj.Base Rate .00 Kitchen Style Bldg.Value New ear Built ff.Year Built rml Physcl Dep uncnl Obslnc con Obslnc pecl.Cond.Code = ..TU d on code esgi tion Percentage Overall Spec]C Cond. eprec.Bldg Value .. °r . Code Description LIB Units Unit Price Yr. Dp Rt no(,nd Apr. value Code, Description LivingArea ross Area Ejj.Area Unit Gost Undeprec. value } ill ti. Erross LivlLease Area . g. a: ; ! MAaaACHU$grrE DYITCLAIM DICED INDIVIDUAL"Na/DIIM)Na (sooK3684 Pit E: 046 � ®6'71hg- a!` I, JOHN C. HALL, II, ! of 2472 Meetinghouse Way, Barnstable (West) , Barnstablecounty,Massachmwds `_` !) I 6eingV*narrled,for consideration paid,and in full consideration of ONE DOLLAR ($1.00) �... gmantsto JOHN C. HALL,, II, JENNIFER W. HALL and JEFFREY M. HALL e all as.Joint Tenants, all of '2472 Meetinghouse Way, West Barnstable with qutlriatm romtants Massachusetts 02668 •' the land in together with the buildings thereon, situate in Barnstable .(West)`. •' Barnstable County Massachusetts, bounded and described as follows [Description and ennunbiances,if any] •! NORTHERLY by land formerly of John Smith heirs, five . -- hundred seventy=five (575) feet, more or r+ less; EASTERLY by a creek, five hundred forty (540) feet, r lei or less, and by land now or formerly of j' Gorham Crosby heirs, five hundred (500) _ feet, more or -less; Oil. SOUTHERLY by land of Hallett B. Gardner et ali, one hundred ',. _ •''` (100) feet, more or less; " •- EASTERLY by said Gardner et ali land, one hundred eighty k>, 1 + (180) feet, more or less 5cxr + i ' NORTHERLY by said Gardner et ali land, ninety-five and -- 77/.100 (95.77) feet; } EASTERLY -by-- land of Besse B. Crocker,two hundred thirty- ,, �' ! -one and 32/100 '(231.32) feet; , 7 SOUTHERLY by land of Trustees of New York, New Haven & ,r 1 Hartford R. R. .Co. , by a curved line, six , i f hundred thirty-nine and 73/100 (639.73) feet; } WESTERLY b said Railroad land ninety an d nd 10 10 feet; t f 'SOUTHERLY by said Railroad land, three hundred seventy and 13/100 (370.13) feet; WESTERLY by land of V. Elwood Leeman, two hundred eighty a eight.and _00/100 (286.00) feet; and, NORTHWESTERLY- by--- -said-Leeman land,- two hundred (200) feet, more • + ---or less and b a creek; seven hundred eighty r Y • (780) feet,more or less. y , Said parcel of land contains 5.61 acres of upland and 15 acres, more or , r less, of marshland. - - - The above-described premises.are shown as the Northerly parcel on a .� a� plan entitled "Plan of Land in West -Barnstable - Mass. Belonging to John_ I Maki Scale: 1 in. = 80 ft. Jan. 27, 1964 Nelson Bearse - Richard It - Law, Surveyors, Center-ville,-Mass.", -recorded with Barnstable County f *. P Registry of Deeds in Plan Book 55. i ((� The above-described premises are conveyed togetherth an easement as � appurtenant thereto to use.a 20 foot right of way running Northerly from,. • _ 'Main Street to the above-described premises in common with the Grantor `- it - (and others entitled thereto. j Form title see Deed f 1 Y r rom_Aiai_P.a 1{ u ine-Jarvi to me to be recorded if herewith. t Subject to an outstanding m�itgage to Ai11-Pauline Jarvi to be recorded `J herewith. i is _ ris + �. (*Individual—joint Tenants Tenants in Common) '€ ' '. :...._. .,-.,. .... -<.. .._r.,a � ::.;�::,-�o...r,.za.�xsw..�:ex..:F:r,.,. .,: . . .- ..-. _ .. ,...t y•e , �I - -— -'-- �ar K _:. as Y boor3684 FACE .047 rtiueea filY. hand and seal thts { - f t C 1.... day of 19 • _ •••• 83 .................................... . e & :. C. HALL I I { .................... ••. .......................... •....••..• .... - � -- I • Tr - tsar �mamnawraltq mEusearliursrtte BARNSTABLE„ - ss. 19 8 3 Men m Pefsonall Y a PPeared the above named JOHN C. HALL II AD and'admo9vledged the foregoing instrument to be his free act and deed,before me — i omr Public-iricspk ^ s My Commission Expire IM OW • .. tr• ' Rs. 1• f l ' CHAPTER 183 SEC 6 AS AMENDED BY CHAPTER 497 OF 1969 f le� Every dad presented for record shall contain or have endorsed u _of the_ ; % and a recital of the amount of the full consideration thereof is dollar upon the nee rcl of the other�eo consideration oh�ertte(o address not delivered for tt •��+. { 1°°'�etary'aum The full comidenthin shall mtyrt the total price for the conveyance without deduction for any liens or encnmbtances -- E bf the grantee of remaining theeeon; All such endorsements and recitals shall be recorded affect the validity of aq d as part of the deed.Failure to comply avith' -.. _ yg" section shall not ad No register of dads shall accept a dead for recording unless it is In • `ar rt iuinaseob of this s tartroo compliance with a3 f f- REGEE W. 183 RESIDENTIAL PROPERTY MAP NO. LOT NO. FIRE DISTRICT SUMMARY STREET off `lain St. West Barnstable ?_17 23 -- WB 73 LAND 07 0) BLDGS. OWNER � lP:. I'2-e 4 0 t ec z'Y`4. �, ` TOTAL q� 7�- LAND c G7 0 RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: BLDGS. rn TOTAL _. J_a r�T� bill eau 1 i nP 11 6 12 6 V LAND Jdla/be 0-4./ ... u` ! '..; :'✓ CJ r4,.:y.,:+�%a L�!!.,/"[.ci' BLDGS. rn OvZ lcCd� TOTAL LAND a' BLDGS. TOTAL LAND pn - m BLDGS. TOTAL i LAND BLDGS. TOTAL _ — LAND BLDGS. TOTAL LAND BLDGS. INTERIOR INSPECTED: rn TOTAL �/ DATE: �/ G!i/ � 1 LAND ACREAGE COMPUTATIONS BLDGS. LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE TOTAL USE LOT LAND EARED FRONT BLDGS. rn REAR TOTAL OODS&SPROUT FRONT LAND REAR L S' �/ BLDGS. ASTE FRONT TOTAL REAR f,� . % "/ _ Z / LAND BLDGS. TOTAL LAND S/S i m BLDGS. LOT COMPUTATIONS LAND FACTORS TOTAL FRONT DEPTH STREET PRICE DEPTH % FRONT FT.PRICE TOTAL DEPR. COR. INF. VALUE HILLY TOWN SEWER LAND ROUGH TOWN WATER BLDGS. HIGH GRAVEL RD. TOTAL ABANDONMENT OF A WAY: It is widely believed that a way can be abandoned but to do so requires action with the Town. A once described way that has been merely forgotten is not a discontinued way. To quote a document of authority on the issue, "Such an easement exists even if there are other streets or ways providing access to the land (Hill v. Taylor, 296 Mass. 107 (1936), and there is created by implication, or estoppel, a perpetual easement appurtenant to the premises conveyed providing the owner of such premises with a right of passage over streets or ways as shown on a plan for the entire distance of the way, as it is actually laid out or clearly indicated and described. The • easement by implication is created even if the way is not then in existence, so long as it was clearly contemplated and sufficiently designated. See Murphy v. Mart Realty of Brockton Inc., 348 Mass. 675 (1965). IN the Murphy case, the way shown on the plan was, in fact, treed and overgrown, stoney and rocky; it was not passable by motor vehicle or on foot and was entirely undeveloped. The court found that the way had been sufficiently delineated-as a proposed street on a plan and was thus adequately designated and the owner of the adjacent parcel had the right to develop the formerly unusable was for ingress and egress by blacktopping it." � 1. r City Solicitors and Town Councel Association,The Life Cycle of Streets and Ways- Creation, Layout and Discontinuance,August 22, 1996, Page 40- 41. CONCLUSION: From the records attached it is clear that a described way existed as early as 1952 off John Maki Rd. to the Lewis lot. It is equally clear that this way was described again in other deeds and survives today. This described way was picked up by the Town and added to the assessor's maps and the engineering maps. Today the Town has plotted this spur off John Maki Rd. over to the Lewis lot. Currently the actual access to the Lewis lot is from the spur off Pilots Lane. The section of street which is the spur off John Maki is not cleared today. • The fact that the access is being taken from another place does not nullify w the fact that the spur off John Maki still exists legally. The fact that the Lewis parcel has legal frontage on a 20 foot stretch of this spur from John Maki is not in dispute as it is currently shown that way by Down Cape Engineering, and the Town of Barnstable. Records in the Town of Barnstable do not show any efforts to discontinue any part of this way. There have been no efforts at Town Meeting nor later in front of the council. Given this, the way still exists. There is no local ordinance that requires access from the frontage claimed, as a matter of fact there has been a lot of examples of frontage on one street and physical access from another. The Town ordinance only requires frontage. Finally, in accordance with the Subdivision Control law, the Planning Board has jurisdiction when land is being divided. It is not here. In a case such as this where frontage is being claimed off a way that exists legally, the Building Inspector has the call as to what is good frontage sothat the 20 feet of "frontage" in his mind is good enough for a building permit. Historically this has been done in Barnstable for years. i � r I ` RALPH MICHAEL CROSSEN Box 43 Hyannis Port,Mass.02647 508-922-3195 • EMPLOYMENT: 2000-2001 Owner Eagle Eve Consulting and Inspections Barnstable,Mass In this business I offer professional consulting services to law firms and citizens who are interested in zoning or building code issues. I offer expert witness testimony and on site construction evaluatio Reports are generated depending on the task requested. I have advised Government ent agencies both at the State level as well as the Federal Government.The inspection part of my business is predominantly • involved with home inspections and commercial structural evaluations for building code purposes. I have • performed over 1500 home inspections in the past year and over 100 commercial structural evaluations. • 1994-2000 • Building Commissioner Zoning Enforcement Officer Town of Barnstable,Cape Cod,Mass. • Here I oversaw a large office of 20 inspectors and 12 contract engineers as well as a clerical staff of 5. This operation was responsible for all building inspections, gas inspections,plumbing inspections,wiring • inspections and site inspections on all residential and commercial construction projects in the seven villages that make up Barnstable.Daily activity included meetings with Steamship Authority representatives, • Regional Transportation Authority officials,occasionally Dept of Transportation officials,Airport • Authority officials, County officials and of course the general public. I was chairman of the site plan review committee which carries an approval or denial responsibility over all proposed commercial projects • including the recent Intermodal Transportation Center that just recently broke ground I was the Town's liaison to the Cape Cod Commission and as such had to coordinate and guide all referred projects through that phase and testify at their hearings as to the Town's position on various projects. I was responsible for a • budget of approximately 1.1 million dollars annually,and was responsible for an enterprise fund that I • designed,the first of its kind in Massachusetts for a building department. 1990-1994 Building Commissioner Town Planner • Town Of Scituate,Mass. •• In this capacity I carried out all duties involving the operation of a building department but in addition I was the Town Planner for the Town. This was a very unusual set up but due to the fact that I have an MA • from George Washington University in Public Administration.and Urban Planning, it worked well for the Town. My duties as Building Commissioner were typical and involved extensive flood plain issues in • regards to construction. Am considered a coastal construction expert by FEMA and have published various • BOCA articles on the subject. • 1986-1990 General Contractor Scituate,Mass. • This business was involved with the construction of new single family homes in the South Shore area. We • built over 40 single-family homes during this period.My duties involved coordination of numerous budgets at the same time,hundreds of subcontractors and bids at the same time,work change orders,bank releases, • making payrolls,and general marketing. • 1979-1986 • Speciak Assistant to Administrator of Veterans Affairs White House Liaison, Washington,D.C. • I was responsible for handling all lobbying activities that came to the attention of the Administrator of Veterans Affairs or the Reagan White House. This involved over 50 Veteran Service Or the American Legion to the Vo from ietnam Veterans Of America.I frequently had to brief ns :Presidg en Reagan in advance of any appearance he made in front of these groups and made speeches around the Nation for the Administration when The President or the Administrator were not available. • 1965-1969 United States Marine Corps Non-Commissioned Officer. Served as an interrogator in Viet Nam for two years in the Third Marine Division, CWTently a disabled • Veteran. • EDUCATION: • 1969-1971 Quincy Junior College • 1971-1973 g A.A. Liberal Arts 1977 St Anselms College B.A. Urban Studies • 1980-1982 George Mason University • 1984-1986 George Washington Universi tY M.A. Public Administration PROFESSIONAL CREDENTIALS: • OSHA certified • Licensed Construction Supervisor • BOCA certified FEMA certified • SBCCI certified • Mass. Real Estate Salesperson ... ..... ............. f3fC r"!IrR- cps �� � � � � � q � 7 S &� �_ (0 7 Village Map CEN 171251 HY 251162 L HY 310382 _ S & OST 166061 ND L &VIRGINIA E MM 057039 MM 09903000Y 2/25/2009 TOWN OF BARNSTABLE BUILDING PERMIT PARCEL ID 217 024 BOO GEOBASE ID ` 13395 ADDRESS 67 PILOTS WAY PHONE BARNSTABLE ZIP - LOT BLOCK LOT SIZE DBA . DEVELOPMENT DISTRICT BA UNIT TYPE WE N�13RESIDjN�IAr�LDGDPMTLING; GARAGE iJNDER CONTRACTORS: WOOLLARD, HOWARD W. Departmentof ARCHITECTS: Regulatory.Services TOTAL FEES: $558.24 BOND $.00 �1t1E CONSTRUCTION COSTS $104,448.00 101 SINGLE FAM HOME DETACHED 1 PRIVATE tIt MASS. 1639. RFD NIp'�A BUIItDING� ISION j DATE ISSUED 08/18/2005, EXPIRATION DATE Y �JII a .3" TOWN OF BARNSTABLE z -� _ 4 "BUILDING PERMIT SIT ' PARCEL, ID 217 024�BOO GEOBAS 1D 13395 ADDRESS"' 67 PILOTS WAY PHONE BARN STABLE ` Z,1 P i LOT 8I 0K LOT SIZE DBA DEVELOPMENT DISTIRIGT. BA P RMIT r'rYPE BP L . D�SCEEIPTION VH RESIN fR2I��MLi,DGvA�L1NI; GARAGE UNDER; j 1. A CONTRACT6RS: WOOLLARD, HOWARD W. ARCHITECTS:, Department of Regulatory Services' TOTAL -FEES: $558.24 '-BOND $.00 4141 CONSTRUCTION COSH'S $104,448 -00 for SINGLE FAM HOME .DETACHED 1 PRIVATE +► ■ARNSTABLE, ..r=, t, •.a - FD MA'S A ,,. . `' L B.UILPING DIVISION, BY DATE ISSUED 08/18%2005 EXPIRATION DATE THIS PERMIT CONVEYS NO RIGHT-TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN;= CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST'BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH'AND LOCATION OF PUBLIC SEWERS:MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS L. PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. . MINIMUM OF FOUR CALL INSPECTIONS REQUIRED. FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD'KEPT i NSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN M HERE A CERTIFICAT OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY-IS ED, SUCH BUILDING SHALL OT BE 3.INSULATION. OCCUPI NTIL INAL INSPECTION HAS BEE ADE. ANICAL INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY. I BUILDING INSPECTION PPROV S PLUMBI INSPECT APPROVALS LECTRICAL INSPECTION APPROVALS 1 1 I 2 2 2 ' 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT.WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. i r,. F ;� u e u tl f 9 6 9 RSuretyWestern ;n, o LICENSE AND PERMIT BOND F For County,City,Town or Village Only-Not Valid for Bonds Required by the State.Not Valid for Contract, a Performance,Maintenance. Subdivision,Agent to Sell Hunting and Fishing Licenses or Utility Guarantee Bond. KNOW ALL PERSONS BY THESE PRESENTS: BOND No. L&P-43�16 9®O 1 O y u That we, Thomas R.Reilly of the town of So. Orleans , State of Massachusetts , as Principal, U and WESTERN SURETY COMPANY, a corporation duly licensed to do business in the State of Massachusetts , as Surety, are held and firmly bound unto the Town of Barnstable , State of MAssachusetts , Obligee, in the amount (Valid.only when a County,City,Town or Village is named as Obligee) of Five Thousand Dollars 00/100 DOLLARS ($ 5,000.00 ), (NOT VALID FOR MORE THAN$25,000) lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal has been licensed as a builder by the Obligee. NQWW T"i RFFORE, if the Principal shall faithfully perform the duties and comply with the laws and ordnanees {including all amendments), pertaining to the license or'permit, then this obligation to be void, othwi`s to rem ��in full force and effect for a period commencing on the Third day of rid A',t A't„�,� 2005 , and ending on the Third day ," August ' z�' 2006 , unless renewed by continuation certificate. ,,ThWb�o�n,d may e;te<brminated at any time by the Surety upon sending notice in writing to the Obligee and to the lncip'al n cafe of the Obligee or at such other address as the Surety deems reasonable, and at the expira- tioii��fl-iJ t��°fw,O(35) days from the mailing of notice or as soon thereafter as permitted by applicable law, whichev x;j§ ateia,this bond shall terminate and the Surety shall be relieved from any liability for any subsequent acts or omissions of the Principal. Dated this Third day of August 2005 . Thomas R. Principal Principal Cou rsigned WESTERN S U E T YY COM,,PYNY f By By Resident Agent President ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA ) (Corporate Officer) County of Minnehaha f ss On this Third day of August 2005,before me, the undersigned officer,personally appeared Stephen T.Pate ,who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY,a corporation, and that he as such officer,being authorized so to do, executed the foregoing ; instrument for the purpose therein contained,by signing the name of the corporation by himself as such officer. ; IN WITNESS WHEREOF, I have hereunto set my hand and official seal. y s D. KRELL ss u 8 s NOTARY PUBLIC �1 n $FAi. SOUTH DAKOTA $RAT• Notary Public, South Dakota My Commission Expires 1130-2006 Western Surety Company • 101 S. Phillips Ave. Form 849A-2.200. + °9°e'9'�+y +'�yy � + Sioux Falls, SD 57104 • 1-605-336-0850 ' z i F F n G ACKNOWLEDGMENT OF PRINCIPAL (Individual or Partners) STATE OF F 9 F ss G F County of rt tl F tl ti p tl On this day of ,before me personally appeared F F n F tl F tl F n p � F J n u known to me to be the individual_ described in and who executed the foregoing instrument and F ! F F acknowledged to me that_he_ executed the same. ll F My commission expires Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporate Officer) STATE OF ss County of On this day of ,before me, personally appeared , who acknowledged himself to be the i of , a corporation, and that he as such officer being authorized so to do, executed the foregoing instrument for the pur- poses therein contained by signing the name of the corporation by himself as such officer. My commission expires Notary Public F n F 6 r >1 n , � F FF F 01 F F F n W^ cd rt r •,� rt p z A a Q -. O W n rt I r, w y di e r V I a h�+l J F o W , W U w O u rt a j .a rt e c Application to ®Yi7 �.IYCg'� �tg�j�ap �.e�iDl�l�Y �t�tAriC �l�tritt �DTTCTiYixtCE In the Town of Barnstable CERTIFICATE OF APPROPRIATENESS CD Application is hereby made, with four complete sets, for the issuance of a Certificate of Appropriateness under Section:: c Y 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 r CHECK CATEGORIES THAT APPLY: Y �: 3' 1. Exterior building construction: New ❑ Addition ❑ Alteration Indicate type of building: House ❑ Garage ❑ Commercial El Other 2. Exterior Painting: ❑ - �` `' 3. Signs or Billboards: ❑ New Sign ❑ Existing Sign ❑ Repainting Existing Sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑Other TYPE OR PRINT LEGIBLY: DATE ADDRESS OF PROPOSED WORK �P/4a%1 C04 ASSESSOR'S MAP NO. `—�OWNER �� G'/CL ASSESSOR'S LOT NO. Z .. � ������ HOME ADDRESS�3 �p2� J- �' S- ' �Z - TELEPHONE NO. FULL NAMES AND ADDRESSES OF ABUTTING OWNERS, including those of adjacent property owners across ariy, Public street orway. (Attach additional sheet if necessary.) et A�e AGENT OR CONTRACTOR lyi �"'i �• `�'�� TELEPHONE ADDRESS DESCRIPTION OF PROPOSED WORK: Give particulars of work to be done, including materials to be used. Please include locations of proposed signs. n � M 4t M U4 -I0, i �S 06 � 2 Signed Owner-Contractor-Agent For Committee-Use-Only i This Certificate is hereby. e E 1 7 goo J1 Approve Denied i e embersk Signatures: TOVIN OF BARNSTABLE HISTORIC PRF.SERVPTI 1 Town of Barnstable ` Old King's Highway Historic District Committee SPEC SHEET FOUNDATION SIDING TYPE ���C�G� ! a�OLOR CHIMNEY TYPE COLOR ROOF MATERIAL�?`S/ C j COLOR 4/ PITCH A;� WINDOWS COLO SIZE TRIM COLOR (�✓e�l�C� DOORS '/ f A;t �� COLORS SHUTTERS COLORS GUTTERS COLORS JUN 1 7 2005 DECKS Xe MATERIALS l TOWN QFA r LE HISTUj�;p€�E�ERVAB ON GARAGE DOORS 14 f � '�� COLORS 4/- SKYLIGHTS SIZE COLORS SIGNS COLORS FENCE COLOR NOTES: Fill out completely, including measurements and materials/colors to be used. Four copies of this form are required for submittal of an application, along with Four copies of the plot plan, landscape plan and elevation plans, when applicable. SPECSHT LEGEND SEPTIC DESIGN: TOP FNDN.AT EL-0' SYSTEM PROFILE NOTES m r.V4 1.DATUM IS NG'VD (2).y1 1 mv1X R®moi0 m 00.0 PROPOSED SPOT EL£VATIR GARBAGE DISPOSER IS NOi ALLONI9 �0 a a M� � T.NUNIOPAI WA1ER IS AVAILABLE 1 OON IX6TNO SPOT EL ATR DES FLOW:!BEDROOMS O 110 RD-550 OM tvanAl m�� C MMm aG SnTOI 12.0 USE A 550 CPO OE9R FLAW SEPTIC TANK= x'muN[WWIE9 wsmx[ ].MINIMRUMLO PNE PI1CH TO BE 1/B•PER i00T. PROPOSE➢CONTOUR�'_ GPD W FRpPgm 15R �� sUt2 3'MAX 4.D61ADING FOR ALL PRECAST ANDS TO BE AASHO H-10 k tOO—ENISIINO CONiOI1R Pwd �Oo.so• I X-30 CXAUDERS �[O USE A 1'M GAL SEPTIC TANK nus DI-tO f 5.PIPE JOINTS 10 BE MADE WAIERTOR. Q 9 USE A LN2 GAL PUMP OIAYBER(ramie AOBO 28.54' ` p p p p p p p O BE IN ACCO NSTTNCTR OETAn9 TO RDANCE AS W1TX MS `p000 p op ppIV�l 8.CO LEACHING: t=3 uMRq f�w�erwm FtNe m.raxtamxcomm m 4 90ES2(4>.S.10.0!)2(.>s)-+>2(ip '(t3al p p p p p p p p p p1NRWMENTAL CODE TTLE v. 2' p p p GJ p p p p p e.t>' >,THIS PLAN IS FR PROPOSED WORN ONLY AND NOT TO BE 4' BOTTOM 47.5 3 10.83(.>k)-380 CPO - �.9mJ �3 3umW !/4•TO 1 1/2.00181E WASHED STONE USED FM LOT LINE STAKING a1 'TOTAL T Sf. 352 CPD -+^- Ta ��,,. l4• B.POPE TOR SEPTIC SYSTEM TO Bql M-4-PVC.' _ USE(5)500 GAL 1F20lEACHm4 CXAMBERS(ACNE R EWAtJ 9.'COUP EATS NOT M BE BACRFlLLm R CRCEMID W1HWT LOCUS MAP WTX 2.S'STONE AT ENDS AND J'AT SIDES, I.IBIATR—10' ST— 10' D'BOX—22' UAAW.G NI" >.1>' SPECRR BY BOARD R HEALTH II O PER CWCE OBTAINED NOT TO SGIE FROM BOARD OF HEALTI. 10.CONTRACTOR—BE RESPONSIBLE POP VERIFYING THE ASSESSORS MAP 2TT PAR(£L 24 APPROVED DAIS BOARD OF YA TO COMMENCEMENT CFERRWNO k ON;RHEAO UTLJTES PRIR HEALTH BOTTOM 1X 2 EL 19.0' AOCUS IS N11NW FEMA FLOOD ZONE ANDC TEST HOLE LOGS A m aCINEtTt;A X.OMLA PE IVAT YN9t I' 1_ wRNE55:ED BARRY(BON) 1 :i', I ALARM AND CONTROL PANEL DATE: s 22 Of TO BE INSTALLm INSIDE <T MIN/INC11 PERC.RATE- 1 C—,rnou uv B aAss_sons PI e �., ------><-•:'-- _ate r°.."� .-__ `�, � '� p I______ �''�%'�` "_-- =/mu _-__..J• /, •;, Q ELtY. ELEv..• �_.�_ t --�- d 19A• .ORG/LOAM umei. RG/LOAY . _ MRPznr IS00 GAL.-To s Y PRESSURE LINE lOYR a/2. Omomx[A LL le .iygwolMO-mwp _.. - .e A50 GALS SLRE TO DRAIN BACK TO PC B• B• �I - _..:g _ - - Y ROATSS CRN N O RESERVE M4ID HDLE WEN � LS/6/ WVrt. jJ5%�. - _ _ - -_ -J.,�'\. Au .. • , B.5•-RIO..RANGE 6.5• 28./T.5B; ]0.�2.SY%6i 1N9PI ,_.•" = SYBMERSIBLE 1 2 NP PUMP //C✓�;/ B _ PUMP OFF 11 1 ' {• �\.n APPR�ovm(oR�EOIzaABUs,TON 'sM:eriw"'MAn�m 3.. ,.� •, wr?�.n,� -�s. ..,7 ;� o�� m /zir 0:4 n s' >z• �2 sr a/ •u.o.r. fir" .1 i ,i' / , .• PUMP CHAMBER C2 5.j �,._. �, .rli'.' iF1L %'• IN.IG C m PER MED/COS YED 2/5 5/ Y 2/5Y 5/4 / •P3'i-_N •%. ��" ��•� :f��•Y'��µ' $ %/ [`\� 1M• a 20.8' 1M• T9.0' NO,m,,NDNATR ENCOUNTERED • 1a i �''�, `p����1y5 TITLE 5 SITE PLAN y� \�\T ` � '?' ... T :. � O� �_1B of j 11a°�B ."'_ �'- -• �Pa (O �! LOT 1 PILOT'S WAY 11�1 ;� pqf, BARNSTABLE TOM REILLY l___%L_'______I 1 yr \` _......_ Iw1 - 1 APRILL', y Y 01 u�v alxF z.ivm o ( m:Meea - -- MASS-BAY .HE` down cape neerin winc. N '� Trm IRO3GF ' ;fit 11( i R.Ir v cos iai.a - _ hIoROR7 ( w 4 p 1 + P n� E, ry )- - (� CIVIL ENGINEERS LAND SURVEYORS 01-008 DATE .➢MLA P.E. S 939 mdD SL yvrm0D4wP me o= 09/05/2002 08:57 915087906230 PAGE 01 OZ SEP -4 PM 4: 21 TOWN OF B .BARNSTABLE JERK Zoning Board of Appeals App ication to Peon fora Variance Date Received Far office Use only_ Town Clerk Office Appeal# Hearing Date } Decision due The undersigned hereby appeal to the Zoning Board of Appeals for a variance from the zoning ordinance, in the manner and for the reasons hereinafter set forth.: Petitioner's Name: W liam H.Lewis and Thomas Re' Petitioner's Address: c/o Michael-D.Ford,Esquire. P.O.Box 665,W.Harwich,MA.02671 (508)430-1900 Property Location: 67 Pilots Way,Barnsta le Property Owner: William H.Lewis, _ Address of Owner: c/o Michael D.Fordz Esq. If petitioner differs from owner,state nature of interest: Number of Years Owned: +jears Assessor's Map/Parcel Number: Map 217,Parcel 24 _ Zoning District: RF Groundwater Overlay District: AP Variance Requested: A variance is reguestedfEom the dimensional requirements of the Zonis Qrdiuptice.. Cite Section&Title of the Zoning Ordinance Description of'Variance Requested:Variance is reguested from ronta e requirements of the Zoning r inan . Description of the Reason and/orNeed for the Variance:The Rropedy consists of approximately 4 located to the north of the Penn Central Rail Road layout off of Pilots Way In 1 The prop ty has historically accessed from Pilots Way across and over a sanctioned Rail roadgrossin g. This historical access road has been determined by the Building Commissioner as not sufficient so Ps to qualify for frontage fQr building purposes. As-a result,this variance fipplication from the frontage provisions of r ,. E..F�RF......... BARNSTABLE FIRE DEPARTMENT ° 3249 Main Street—P.O. Box 94 €ir:46 Fo',�°°: 1927 ;y= Barnstable,Massachusetts 02630 . qs 508-362-3312 ell FAX: 508462-8444 Robert M.Crosby Christopher J.Olsen FIRECHIEF Deputy Chief rcrosby@barnstablefire.org colsen@barnstablefire.org January 19, 2007 To: Whom It May Concern Subject: 67 Pilot's Way Please note that the requirements made by this depa tment seek to'rnamtain a degree of consistency and to beds the bestir terest of the safetya`and ell being of the present and potential mhrtan abts of said properties'of Pilot s Way �In4orderFtdmaintain this we require the following 1 Adherence to the TowrM f Barnstable Road Access Guidelines Residential prop ertiesI.dated{Februa 15"2002 (attached)���t '" � " �.� �+kr, �� .,4"S" 2 ,Adherence to'the1ab�;ov� e guidelines-based"upon•the.docsument Entitled--!Appeal — WO [r s az� °zz;' mas€•-u ^�f � s_ e �r 2002-114 Variance section Specifically to Item#3 of the decision(also attached). _ If there are any questions or concerns;please feel free to.�contact tthis office at any time to discuss or review said requirements. -- Sincerely Submitted, Christopher J. Olsen, Deputy Chief " r www.bamstablefire.org THE> r BABNSfABIZ MASS. 1639. Town of Barnstable Zoning Board of Appeals Notice - Withdrawn Without Prejudice Lewis/Reilly Appeal 2002— 115 - Appeal of the Building Commissioner Petitioner: William H.Lewis,III,and Thomas Reilly Property Address: 67 Pilots Way,Barnstable MA. Assessor's Map/Parcel: Map 217,Parcel 024 Zoning:. Residential F Zoning District Background &Relief Requested: The property at issue is a vacant 5.03-acre.parcel located in both West Barnstable and Barnstable Village,north of the railroad tracks and bordering on the Great Marshes. Access to the property is from Route 6A via a designated 40-foot right-of-way- Pilots Way- a dirt roadwayfor a distance of some 540 feet. Then along a 20 foot wide easement for some 1,200 feet through Parcel 55,a 3.43-acre lot owned by Charles F. Crocker and Catherine Crocker to the Penn Central Railroad tracks and over the right of way to the lot. In Appeal 2002-115,the applicants are appealing "the decision of the Building Commissioner that the lot does not have frontage." No letter from the Building Commissioner was included with the appeal. Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on September 04,2002. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened October 09,2002,at which time the applicants through their representative,AttomeyMichael D.Ford requested that Appeal 2002-115 be permitted to be withdrawn without prejudice. Motion: At the October 09,2002 hearing a motion was duly made and seconded to grant the petitioner's request to withdraw the appeal without prejudice. The vote was as follows: AYE: Ron S.Janson,Thomas A.DeRiemer,Jeremy Gilmore,Gail Nightingale,Daniel M. Creedon NAY: None Ordered: Appeal 2000-115 has been withdrawn without prejudice. Daniel K Creedon,Chairman Date Signed IIIIIIIIIIII�� I III III li ' II �pllllllllll I IIIIIIIIIII� IIIIIIIII IIIIII IIIIII IuuuIIlQ�ipllpl `�.THE MASS. 9�A i6J9. \0� Town of Barnstable Zoning Board of Appeals Decision and Notice Lewis/Reilly Appeal 2002—114—Variance Section 3-1.4(5)Bulk Regulations,Minimum Lot Frontage Summary: Granted with Conditions Petitioner: William H.Lewis,III,and Thomas Reilly Property Address: 67 Pilots Way,Barnstable MA Assessor's Map/Parcel: Map 217,Parcel 024 Zoning: Residential F Zoning District Background&Relief Requested: The property at issue is a vacant 5.03-acre parcel located in both West Barnstable and Barnstable Village,north of the railroad tracks and bordering on the Great Marshes. The property has no frontage on a designated road and the access to the property is from Route 6A via a designated 40-foot right-of-way- Pilots Way— an undeveloped dirt roadway for a distance of some 540 feet. Then along a 20 foot wide easement for some 1,200 feet through Parcel 55,a 3.43-acre lot owned by Charles F. Crocker and Catherine.Crocker to the Penn Central Railroad tracks and over the right of way to the lot. In Appeal 114,the petitioners have requested a Variance to Section 3-1.4(5) Bulk Regulations,Minimum Lot Frontage to allow for the construction of a single-family dwelling on a lot that does not have frontage. According to the Assessor's records,the lot at issue transferred to William H.Lewis III on October 15, 1992, from Marjorie Handy,Mr.Lewis's mother. .The Assessor's record indicates that the land has a total appraised land value of$46,500. Its total Assessed Value is $12,300. The lot is noted on the record as being"Non Buildable". Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the.Zoning Board of Appeals on September 04,2002. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened October 09,2002,at which time the Board found to grant the variance with conditions. Board members deciding this appeal were Gail Nightingale,Thomas A.DeRiemer,Jeremy Gilmore,Ron S.Jansson and Chairman,Daniel M. Creedon. Attorney Michael D.Ford represented the applicants who were also present during the hearing. He submitted a handout to the Board that included: • Proposed Findings of Fact for the granting of the Variance • Copies of an Order of Conditions issued form The Town of Barnstable Conservation Commission for the development of the lot. "........... ............ ' Ilpuuulllll • A copy of a proposed License Agreement between the applicant and the Executive Office of Transportation II III I and Construction(EOTC for the private grade crossing of the railroad, 1plllllllll I IIIIIIIIIIIIII Ii umuu umi luul IIIIIIII II�IIIIII��IIIIIIII • A copy of an October 03,2002,letter from Siobhan N.Perenick,EOCD Manager of Rail to Mr.William H. Lewis III citing that the license agreement would be signed upon receipt of additional information,and. • A copy of an October 05, 1956,letter to Mrs. C.F.Crocker,a former owners of the property,from the Chief Engineer for the New York,New Haven and Hartford Railroad Company noting that it has been determined that rights exist for crossing of the railroad. Mr.Ford explained that the lot was gifted to Mr.William Lewis from his.mother,Marjorie Handyin 1992,and that Mr.Lewis now had a Purchase and Sales Agreement for the lot with Mr. Thomas Reilly who desired to purchase the lot for development of a single-familydwelling. Mr.Ford stated that access to the lot has existed , for some 150 years and that legal access over the railroad tracks had questioned and verified in 1956 that they did indeed exist as documented in the October 05, 1956 letter. Mr.Ford noted that the applicants have negotiated a License Agreement with the Executive Office of Transportation and Construction (EOTQ for the private, at grade crossing of-the.railroad. He noted that agreement provides that an insurance policy must be maintained by the property owner to cross over the tracks and maintenance of the crossing. He remarked that the existing crossing is sufficient for passage by emergency vehicles and is signed. It was stated that development of the entire 5-acre site would be for one,single-family dwelling and permitted access structures as provided for in the RF Zoning District. He stated that there is 4 acres of uplands to the lot,the Barnstable Conservation Commission had issued an Order of Conditions for the development of the home and that the development would meet all requirements of zoning except for the 150- foot frontage. Mr.Ford presented the variance conditions citing that the layout and shape of the parcel as being a factor of the location of the railroad and the Great Marshes.It is one of the few lots that have access rights over the railroad and over an ancient dirt cart way. Not to allow continued use.of the access waythat has.been in existence for over 150 years would deprive the applicant of use of the property. To permit the development of the 5 acre lot for one single-family dwelling would not be detriment to the public good nor derogate from the purpose and intent of the zoning ordinance if the variance were to be granted in that the Order of Conditions evidences that a single-family home can be constructed in accordance with applicable environmental and health statutes and that the agreement with the EOTC evidences that access to the site will be safe and convenient. Mr.Ford submitted a copy of a 1985 Easement Plan showing a designated easement from Pilots Way to the railroad crossing through the Crocker lot. The plan was recorded in Plan Book 406,page 29. The Board questioned what rights were granted in that easement and Mr.Ford recited the easement language from the property deed. It was noted that the easement gave rights of passage as well as for installation of utilities. Public testimonywas requested. Mr. Gordon M. Starr,85 Pilots Waynoted that a designated subdivision exists along Pilots Way.However only two lots are developed because the way remains undeveloped. He stated that Pilots Way is a privatekag not anVccess way. He cited that in 1992 when Mr.Lewis was gifted the lot he knew that no legal fro ,existed. Ms.Ann Gordon stated that there are environmental concerns for development on the lot. A Mr.Roy Dryer spoke on behalf of Catherine and Charles Crocker,owners of the property through which the easement exists. He questioned the precedent setting nature of this appeal if the Board were to grant the variance. He noted that numerous lots are only accessed by easements and that they are unbuildable because of that. Letters submitted in opposition included an October 07,2002,letter from Barnstable Land Trust and an October 03,2002,letter from Helen and Martin Wn tanen and Mark S.Wntanen. �I III III II Ipluiuulq� Z huuuuuid umuu umi Bull • uuuuVl�llplllll 41111p The Board discussed the issue before them noting the.applicant has offered to restrict the entire 5 acre lotto the development of only one single-family dwelling and that no other access for development proposes would be granted from the easement or from the applicant's property. Findings of Fact At the hearing of October 09,2002,the Board made the following findings of fact: 1) The property is located at 67 Pilot's Way,in the village of Barnstable and is owned by William H.Lewis.The petitioners are William Lewis and Thomas Reilly. 2) Mr.Lewis obtained title to the property by virtue of a conveyance from his mother,Mrs.Handy,who had purchased the lot from her brother Mr. Crocker. 3) The property has been in the Crocker family since at least 1850. 4) On October 5, 1956,the then New York;New Haven and Hartford Railroad Company,in a letter to the owner Mr. C.F. Crocker,informed him that its counsel determined that the private crossing of the railroad was valid. 5) The current owner,Mr.William Lewis is in the process of executing a License Agreement with the current owner of the railroad right of way,the Massachusetts Executive Office of Transportation and Construction (EOTQ.Validating the crossing for the construction of a single-family dwelling. 6) The property is shown on Barnstable Assessor's Map 217 as Parcel 024. 7) Locus consists of approximately 5.03 acres and is currently vacant. 8) The Petitioner proposes to construct one single-family dwelling. 9) Locus is located in an RF Zoning District. 10) The Petitioner seeks a Variance from Section 3-1.4 and Mass.General Laws Chapter 40A,Section 10. 11) The Petitioner has received from the Conservation Cornn fission by way of an Order of Conditions dated July 2,2001,authorizing them to proceed with the construction of a single-family dwelling on the locus. 12) The shape of the parcel is determined in part by the layout of the railroad.The access to the parcel is over an ancient dirt cart way,which is passable,and which includes an existing railroad crossing in the location of the cart way,which existed prior to the construction of the railroad.This shape and access of the private crossing is unique to this lot in that it was a lot prior to the construction of the railroad,which is accessible from Pact's Way and Route 6A,the Old King's Highway,and continued to be so after the construction of the railroad,but without access which could qualify for frontage. 13) A literal enforcement of the frontage,provisions of the Ordinance creates a financial hardship in that this property,which has been in the family for 200 years,and relied upon as a potential building site,would be deemed to be unbuildable for construction of a single-family home or accessory structures. 14) There will be no detriment to the public good or derogation from the purpose and intent of the Ordinance .................... if the variance is granted in that the Order of Conditions evidences that a single-family home can be Ilpumllilll constructed in accordance with applicable environmental and health statutes,and the agreement with the I III III EOTC evidences that access to the site will be safe and convenient.Further,the applicant agrees that there Ilp��iii��Ipl 3 III m uu II mmm mm hml IIIIIIII r would be no further division of this property and that there is more than adequate area to meet the minimum requirements of the Zoning Ordinance for a single-familydwelling. The vote was as follows: AYE: Gail Nightingale,Thomas A.DeRiemer,Jeremy Gilmore,Daniel M. Creedon NAY: Ron S.Jansson Decision: Based on the findings of fact,a motion was duly made and seconded to grant the variance to the lot frontage requirement with the following conditions: 1) Development of the 5-acre lot shall be limited*o only one (1) single-family dwelling and its accessory structures. The configuration of the lot shall remain as it is today and shall not be divided. 2) The access easement,railroad crossing and way shall be improved and maintained for proper access by the applicant and all future owners of the property. Improvements shall include Pilots Way. 3) Access to the.site shall be improved to the requirements of the Barnstable Fire Department as expressed in the May02,•2p01fletter to the Planning Board,a copy of which has been submitted to the file. Those requirements area 4) The right of way easement shall remain at lease 12 feet in width cleared with on overhanging branches. The surface shall be'a hard packed surface and maintained to facilitate movement of large apparatus. 5) The entrance at Pilots Way shall be cleared to a full 30 feet width to provide adequate turning room for fire apparatus and ambulances. 6) The crossing over the railroad track shall be a minimum width of 12 feet of pavement or other product . designed for railroad crossings. 7) The pavement in the proposed tee tum-round shall be increased from 10 feet to 12 feet. 8) The License Agreement with the Massachusetts Executive Office of Transportation and Construction (EOTQ,for the crossing for the railroad shall be executed and a copy delivered to the Zoning Board of Appeals files. 9) This decision shall be recorded at the Barnstable Registry of Deeds and referenced to the title of the property. 10) The License Agreement and recording of this decision shall be executed prior to the issuance of a building permit and all other improvements shall be completed prior to the issuance of an occupancy permit for the dwelling. The vote was as follows: AYE: Gail Nightingale,Thomas A DeRiemer,Jeremy Gilmore,Daniel M. Creedon NAY: Ron S.Jansson ............. .....•„„„ Ipoullllllll Mr.Jansson explained that he was compelled to vote in the negative because an easement does not constitute II III III frontage.for access and it was never the intention of the Zoning Ordinance to permit easements to be used as II IIIIIIIIIIIII 4 �IIIIIIIIIIII�I IIIIIIIII IIIIII Ilud IIIIIIuIllp IIIIIIII access for development. No variance conditions exist to justify the granting of the relief. There are many lots across the Town that have only easement access for owner's enjoyment without development for single-family use. This land was used for hunting and has gunning shacks located along the edge of the Great Marshs. Land like this was envisioned in the Comprehensive Plan as remaining open space and were never intended to be developed especiallybyvariance from this board. The non-buildable statues placed on it for assessing purposes is evidence of that fact. Ordered: Variance 2002-114 for frontage has been granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized bythis decision must be exercised in one year. Appeals of this decision,if any,shall be made pursuant to MGL Chapter 40A,Section 17;within twenty(20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk Daniel Ni Creedon,Chairman Date Signed I,Linda Hutchenrider, Clerk of the Town of'Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk Signed and sealed this day of under the pains and penalties of perjury. _ Linda Hutchenrider,Town Clerk IIplllollllllq Ip III II Illlluulllll�I. 5 IIIIIIIIIIIIIII IIIIIIIII IIIIII IIII Iluuull�llllllif IIIIIIII z �� i �- �� !a-' � Clod �vvte.�.crt �Lo_.� P�Kd�.O � :w-�� �o- �3 a r � — S, � 4 � � �, a. t i t 1 �� � . . � •- ,. ,. y . > - � I ,, ,r ` r Y'.. � �. a ax 0 �' ., �r ;, q '' .' ') � r } � � Y � F� tie � � ' y' r c" i r� ' �oFYr Town of Barnstable ti Regulatory Services 11AFti7STA°'e Thomas F. Geiler, Director .p MASS. 059 9 a�ro bµA� Building Division Tom Perry,Building Commissioner 200 Main Street, HyC 111�is, MA 02601 NYwNY.t6wn.b2rnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO. TO: ATTN: FAX NO: p { FROM. (� DATE: 3�2 PAGE(S): (INCLUDING COVER SKEET) '� �...� P, 1 Communication Result Report ( Mar, 2. 2009 2: 36PM ) 1) 2) Date/Time : Mar, 2, 2009 2: 36PM F i 1 e Page No, Mode Destination Pg (s) Result' Not Sent ----------------------------------------------------------------------------------------------------- 1924 Memory TX 95088624724 P. 2 OK ---------------------------------------------------------------------------------------------------- Reason for error E. 1) Hang up or line fail E. 2) Busy E. 3) No answer E. 4) No facsimile connection E. 5) Exceeded max. E—mail size rr€ i--- -- Sop; oil H r All u -vst o E� E g LA C -4i sua .m.n + • N M 91 ` Nh I; Ak a a� r ' i ®.�.n oMeta er seta �y nomn i�r Fi �, cD1�� a o 0 o t maKtlq a � ? � c «�• mM m j v• r I.-VL—VI rrCU U7:7l rm CS11l11V�1KISL�_rinc rnn,)voT)1LT044't rnua c BARNSTABLE FIRE DEPARTMENT _.e 3249 Main Sireet--P.O.Box 94. a 1827 • Barnstable,Massachusetts 02630 . 4 508.362-3312 FAX: 508-362-8444 WILLIAM A.JONE3,III HAROLD M.SIEGEL FIRE CHIEF ' DEPUTY FIRE CHIEF MAY 7 2001 U TO:Town of Barnstable Planning Board TOWN OF BARNSTABLE SUBJECT: Subdivision#797 William Lewis U1 �,F' (� •;;fir E3 ,, .._..QA. l� DATE: May 2, 2001 Our recommendations are based on the fact that at this point it would be impossible for an ambulance-to access the property.We,propos, a i2 foot wide clfared ac es so fire apparatus would be able to access the property. As you are aware 'ereill`be no Disrrict water, and in the event of afire,the water would have to be brought in by tanker. This would require multiple trucks utilizing the right of way for access and egress simultaneously. 4k In reviewing the proposed subdivision off Pilots Way,the Fire Department has the following requests: 1. The new right of way easement remain_at least 12 feet inwvidth cleared with n� over hanging branches.The surface should al bos a a,hard packed surface and . maintained to facilitate movement of large.apparatus. 2. The entrance of the new right of way at PilotstWay be cleared-the full 30 feet width to provide adequate turning room for—fire apparatus and ambulances. 3. The crossing over.the railroad track be a minim m width of 12 feet of�paventent or other product designed for railroad erosMngs. 4_ The pavement in the proposed tee turn around be increased from 10 fEc--- -to 12 feet. Respe,. by submitte Harold legel Deput ire Chief . Town of Barnstable Road Access Guidelines Residential Properties February 15, 2002 Scope: These guidelines have been developed in order to provide adequate access to undeveloped properties in the Town of Barnstable. Priority consideration has been given to the needs of public safety and other agencies to access properties and provide necessary services. When possible, the desire to retain a rural character has also been . considered. These guidelines are based on minimum requirements agreed upon by the Town's Fire Departments, current Planning Board rules and regulations and recommendations made by the Town's engineering department. Introduction & History: In accordance with the State Building Code, the Building Commissioner is charged with determining the adequacy of access.With increased requests for development in areas with inadequate or no access, the need for consistent guidelines became more evident. The Building Commissioner, with input from the Town's Fire Departments, and the Town's Engineering and Planning Board staff, developed these guidelines to better coordinate the requirements and needs of each and to improve consistency throughout the Town. This guideline utilizes standards and specifications provided by Engineering and Plamzing departments. It incorporates the minimum acceptable standards for public safety access as agreed upon by the Town's Fire Departments. A new standard for unpaved roads has been developed for use when feasible and appropriate. While unpaved roads help to maintain"rural character"; they must be constructed in a way that provides reliable access in all types of weather and for a foreseeable period of time. Guidelines: 1. No part of this guideline is intended to circumvent, supersede or conflict with any existing law, regulation or standard. In the event of a conflict, the type, location and. construction of access shall be determined by the Building Commissioner in a manner consistent with providing public safety access to the property(ies). Reference State Building Code 780 CMR, Section(s) 903.1.1. 2. Section 3-1.3, "Adequacy of Access" as noted in the Planning Board's "Requirements for the Submission and Approval of Plans" document; together with other pertinent sections shall be referenced with respect to plan approval and standards for road/access construction. To the extent allowed, Planning Board Subdivision Rules and Regulations become part of this guideline by-reference. See Attachment"A' . 3. Public safety access is critical in order to deliver emergency services.Fire apparatus and emergency vehicles require certain minimums in order to gain access in a safe and timely manner. Additionally, MGL 148 and 527 CMR.25.07 require adequate access for fire apparatus. Fire departments require the following minimum conditions: Illlluulllpl II Road widths, based on the number of homes serviced, must accommodate pl tl fire/emergency service vehicles. Road widths must be no less than 14 ft. wide for Illulllllllpl I Illllumglll�� < IIIIIIIII IIIIII Town Of Barnstable Road Access Guideline Page 1 of 2 IIIIII ' utuull�llllllll Ilpl IL - - t 1-2 homes/lots, 16 ft. wide for 3 homes/lots and 18 ft. wide for 4 or more homes/lots. * Overhead clearances of fifteen (15) feet across the width of the roadway and continued maintenance to prevent future growth from blocking access. Road su7 faces must be capable of supporting 75,000 pounds of vehicle weight during all types of weather and seasons of the year. Note: Refer to road construction standards for paved and unpaved roadways. Cul-de-sacs (for more than two properties using a single roadway) or "T"type formations (for 1-2 properties on a single access roadway) to reposition apparatus and vehicles at the end of roads which exceed 200 feet in length. 4. To insure minimum requirements are met, criteria and specifications for paved and unpaved roadways, cul-de-sacs and"T formations have been developed by the T E own's n-ineering department and become part of this guideline by reference. See Attachment"B". 5. The Town's ordinance for house numbering and coordination with E-911 services shall be strictly adhered to and enforced on all properties. Any un named way(s) involved in this process shall be named to the satisfaction of the engineering division and E-911 regulations. 6. The Building Commissioner reserves the right to make changes or additional requirements based on special or unusual circumstances as may be determined during plan review. _ IIIIIIIIIIIIII Ip III Ilpuumgll IIIIIIIIIpQII uuulll uuu Town Of Barnstable Road Access Guideline Page 2 of 2 IIIII umlllll llllllil IIIIIIII ATTACHMENT `"A" Related Sections From Planning Board's Subdivision Rules And Regulations Note This attachment does not contain the entire text of the Planning Board's Subdivision Rules and Regulations. Sections of the document deemed important in context with road access have been included. The exclusion of certain sections does not mean they will not apply as appropriate or warranted. See complete document for additional rules and regulations. 3-1.3; Adequacy of Access 1. General: No plan shall be endorsed as not requiring approval under the Subdivision Control Law, and no subdivision plan shall be approved unless each building lot to be created by such plan, has adequate access as intended under the Subdivision Control Law, Chapter 41, General Laws, Sections 81-K through 81-GG. 2. Standards of Adequacy: Streets within a subdivision shall have adequate access if they comply with the standards established in Sections 4 and 5 of this regulation. Existing ways providing access to the streets within a subdivision, or providing access to lots said not to be within a subdivision, shall be considered to provide adequate access only if there is assurance that prior to construction on any lots, access will be in compliance with the following: STANDARDS OF ADEQUACY for EXISTING WAYS Number of Dwelling Units 1-4** 5-10 11-49 50+ Business District Min ROW Width 33' 33' 40.' 50' 60' (Surface Type**** -------3" bit.con. --------- 4" bit. con--------------------------- Surface Width* *** 18' 22' 24' 24' Sight Distance Min. 250' 250' 25-0' 350' 250' Maximum Grade 10% 10% 8% 6% g% * Including curbing and berms, if any. ** No further access, see Definition of a Street, Minor B *** For residential lots: 14 feet wide for two lots; 16 feet wide for three lots; and 18 feet wide for four lots. **** with adequate road base in the opinion of the Board's Engineer 3. Obligations: The Board may require, as a condition of its approval of a subdivision plan, that the applicant dedicate or acquire and dedicate a strip of land for the purpose of widening access ways and/or intersections to a width as.required above, and that the applicant either make physical improvements within such way or compensate the Town for the cost of such improvements in order to meet the standards specified above. 4. Access Roads: The Planning Board may require that ways in a proposed sub-division be connected to more than one access road adjoining the subdivision, depending on the existing or proposed road network, the topography and the size of the subdivision. Subdivisions with more than 50 dwelling units and 20 acres of non-residentially zoned land shall have more than one means of access. 4-2.1. Location of Streets 1. The streets shall be designed and located so as, in the opinion of the Board,to be continuous and in alignment with existing streets; to provide adequate access to all lots in the subdivision; by streets that are safe and convenient for travel; to lessen congestion in such streets and adjacent public streets;to reduce danger from the operation of motor vehicles; to secure safety in case of fire, flood, panic and other emergency;proper drainage and water, il Zoning l g Ordinance; to secure adeuate ewers and other utilities; to coordinate the streets n he subdiviisioonrwith 111� �Illi��iillljl'I 'i compliance I? p 9 each other and with the existing street system of the Town, and the streets in neighboring subdivisions. III III Illpumililllll . IIIIIIIIIIII IIIIIIIII IIIIII Access Guideline Attachment"A" Page 9 of 2 Date:04/29/2004 IIIIII luulllll�pllllll IIIIIIII 4-2.3. Dead End Streets 1. Dead end streets shall be not less than 100 feet long nor more than seven hundred and fifty feet (750) feet. The length of the dead end street shall be measured from the intersection to the beginning of the cul-de-sac or turn-around T. The Board,may grant a waiver from the maximum length of the dead end street provided that: A. The Board finds that there is no other practical means of accessing the land. B. A statement is obtained from the Fire Department that the street will have adequate access in the event of an emergency. The applicant shall be responsible for contacting the Fire Chief to make this determination. C. The Board finds that the subdivision is residentially zoned and. will not serve more than 25 dwelling units. 2. Minor and Secondary dead end residential streets shall be provided at the closed end with a turn- around having an outside paved roadway diameter of 90 feet and a right of way diameter of 105 feet. 3. Major dead .end streets and Secondary non-residential dead end streets shall be provided at the closed end with a turn-around having an outside paved roadway diameter of not less than ninety four feet, thirty feet of the pavement width on the cul-de-sac and with a right of way diameter of at least 110 feet. Cul-de-sacs shall be shaped in accordance with ASHTO standards for circular and circular offset cul-de-sacs for single unit trucks. 4. A minor road serving.less than 10 lots may be constructed with a turn-around T or Y in lieu of a cul- de-sac at the discretion of the Planning Board. The turn-around T shall be a minimum of sixty (60) feet in length. 5-19. Maintenance If released from restrictions with regard to sale of lots or buildings on lots by the posting of a performance bond or other security, the applicant shall maintain the. roadway for vehicular traffic in a manner satisfactory to the Board. Further, the applicant shall maintain the roadway in a subdivision in a condition which meets all the above requirements to the satisfaction of the Board either until acceptance of the way by vote of the Town, or for a period of one (1) year from the date of release of the security. A retainage fee is required to cover this period of time, see Section 3-6.16. IIIIIIIIIIIIIIII Ip III I IIIIIIIIIIIIIII Ipllllllllu � IIIIIiIII IIIIII Access Guideline Attachment."N' Page 2 of 2 Date:04/29/2004 IIIIII luuulllppllll IIIIIIII „,,,, TOWN OF' BARNSTABLE Gordon Starr 1005 DEC 28 FM 3: 21 85 Pilots Way' West Barnstable, MA 02668 Dear BarnsWiMlding Dept., Dec. 28, 2005 I am writing to express my concerns about the fact that your office has not enforced the "Agreement For Judgment" from the Barnstable Superior Court for the parcel (Map 217 Parcel 24) off Pilots Way owned by Thomas Reilly. In the agreement,the parties agreed that: "d. Lewis and Reilly agree to improve Pilot's Way from Route 6A to the access easement to the premises to a width of at least 14 feet, with hard packed bluestone with drainage to run down off of the access easement." This agreement was negotiated as a set of conditions necessary for the continuation of the building process on this lot. I sought relief from the court to protect my family and neighbors by providing safe access to our houses because of the increased traffic during the construction and occupation of this residence. I expect your office to stop the continued building on this lot until the conditions of the court order are met. This agreement was signed by Ruth Weil and I would be astonished if the town were to continue to remain open to liability in this matter,when a solution is possible. During the increased truck and auto traffic that has accompanied the construction of this building lot, there have been two instances when trucks have gotten stuck and have blocked access to two residences on Pilots Way. This creates potential fire and rescue emergencies as vehicle access was blocked. Pilots Way is an eight foot wide dirt road that has deteriorated as a result of the increased truck and vehicle traffic. This is all before the occurrence of any appreciable snow fall I thank you for you time and quick action on this matter. Sincerely, Gordon Starr Cc: Town Attorney, Town of Barnstable. i sketch plan attached hereto as Exhibit A, excluding however accessory dwelling buildings or structures. f. Lewis and Reilly agree.that any lighting.placed on the premises or the. Bayside Funding Lot shall be directed away from the Starr's property and onto the premises and the Bayside Funding lot. 3. All parties agree that this judgement shall be recorded in the Barnstable County Registry of Deeds and recorded in the chain of title to the Premises and the Bayside Funding Lot and shall touch and concern the title of these parcels and run with the.land for the benefit of the plaintiffs'property located at.85 Pilots Way which is shown on Barnstable Assessor's Map 237 as Parcel 65. 4... All parties agree to-.waive any rights of appeal they may have to the entry of this. Judgment. Respectfully submitted, Respectfully submitted,. Plaintiffs, Defendants, William H. Lewis, III. and Thomas Reilly, By t�pir attorne , By their attorney, AU Ro ert F. Mills, Esq. Michael D. Ford,Esq. Wynn&Wynn P.O.Box 665, 72 Main Street 300 Barnstable Road West Harwich,MA 02671 Hyannis,MA 02601 (508)430-1900 (508)775-3665 BBO#174440 BBO#542732 Respectfully submitted, Defendant, Town of Barnstable By its.attorney, A true copy,Attest+ uth J.W '1 ls`Asst. Town Attorney y 4 � Town Hall 67 Main Street Hyannis,MA 02601 (508)862-4620 BBO#519285 Dated: July 20, 2004 Wynn, P.Cd , • ATTORNEYS • 300 Barnstable Road Hyannis,MA 02601 (508)775-3665 August 2, 2004 Fax(508)775-1244 1(800)899-3003 http://www.wynnwynn.com Elizabeth K.Balaschak Michael.D. Ford, 'Esq. William E.Enright,Jr. P. O. Box 665 Thomas M.Grimmer West Harwich, MA 02671 Richard A.Martone Kevin P.McRoy Ruben F.Mills Charles D.MulcahyRe: Starr v. Lewis John J.O'Day,Jr. Our File No. 28330*1 Kevin J.O'Malley Thomas E.Pontes Michael J.Princi Dear Michael: Rebecca C.Richardson Janice E.Robbins William Rosa' Enclosed for recording please find an attested copy of the Agreement for Louis V Sorgi,Jr. Judgment in the above matter. The Agreement for Judgment will need to be Dina M.Terceira Robert Venturo marginally referenced for both lots. Please record and provide me with a John A.Walsh stamped copy. Also,you will be sending me a le eras to when your clients will Paul F.Wynn Thomas J.Wynn be improving Pilots Way. Of Counsel Thank you for your assistance. Please call me should you have any Hon.Robert L.Steadman(Ret.)questions concerning this matter. Thomas A.Maddigan Hon.James F.McGillen,Il(Ret.) Hon.James J.Nixon(Ret.) Very truly yours, WYNN & WYNN, P.C. Admitted: *Massachusetts and Rhode Island Robert F. Mills RFM:cfl cc: Gordon & Sherri Starr` Ruth Weil, Esq. Affiliate Office: Raynham 90 New State Highway 0 Raynham,MA 02767 •(508)823-4567 r SUPERIOR COURT BARNSTABLE SS COMMONWEALTH OF MASSACHUSETTS OLEO ` 2 9 200 a 4� k *- '""..,Clerk BARNSTABLE, ss. SUPERIOR COURT C.A.NO.02-710 GORDON STARR and SHERRI GREENE-STARK, ) Plaintiffs ) V. ) WILLIAM H.LEWIS,III. and THOMAS REILLY ) and GAIL NIGHTINGALE, THOMAS A.DEREIMER,) JERRY GILMORE,DANIEL M. CREEDON AND ) RON S.JANSSON,in their capacity as Members of the ) Town of.Barnstable Zoning Board of Appeals, ) Defendants ) AGREEMENT FOR JUDGMENT Now come the parties in the above-captioned matter, acting by and through their respective counsels of record, and hereby stipulate and agree that judgment shall enter as follows: 1. The Plaintiffs agree,upon execution and filing of this Judgment,that their appeal of the variance (Appeal No:2002-14, dated October 23, 2003)a copy of which is attached to the Complaint as Exhibit A, shall be deemed dismissed,with prejudice. 2. The Defendants, William H. Lewis, III. and Thomas R. Reilly(hereinafter"Lewis and Reilly"),hereby agree as follows: a. The property which is the subject of the variance, (which property is shown on Town of Barnstable Assessor's Map 217 as Parcel 24) (the a "Premises") and the adjoining property, currently owned by Shelter Realty Trust,(which property is shown on Town of Barnstable Assessor's Map 217 as Parcel 30 and Town of Barnstable Assessor's Map 237 as Parcel 4) (the "Bayside Funding Lot").shall be used together for single family residential purposes as hereinafter set forth. b. The Premises shall be used.for the location of not more than one single family home and accessory structures as may be permitted from time to time under the Barnstable Zoning Ordinance, including without limitation, a barn, and a paddock area for horses owned by the owners of the premises. c: Any single family home to be constructed on the Premises shall be set back from the edge of the salt marsh at least the distance(120 feet) of the approved single family home as shown on the plan approved by the Conservation Commission in file number SE3-3837. d. Lewis and Reilly agree to improve Pilot's Way from Route 6A to the access easement to the premises to a width of at least 14 feet,with hard packed bluestone with drainage to run down off of the access easement. e. Lewis and Reilly agree to cause the Bayside Funding Lot to be restricted by the grant of a Conservation Easement or Restriction,which Easement or Restriction shall provide that no building or structures shall be located anywhere on the Bayside Funding Lot, other than fences and other than accessory structure(s)to the single-family home on the Premises,which accessory structure(s)may only be constructed in the area shown on the sketch plan attached hereto as Exhibit A, excluding however accessory dwelling buildings or structures. f. Lewis and Reilly agree that any lighting.placed on the premises or the. Bayside Funding Lot shall be directed away from the Starr's property and. onto the premises and the Bayside Funding lot. 3. All parties agree that this judgement shall be recorded in the Barnstable County Registry of Deeds and recorded in the chain of title to the Premises and the Bayside Funding Lot and shall touch and concern the title of these parcels and run with the land for the benefit of the plaintiffs'property located at.85 Pilots Way which is shown on Barnstable Assessor's Map 237 as Parcel 65. 4... All parties agree to.waive any rights of appeal they may have to the entry of this. Judgment. Respectfully submitted, Respectfully submitted,. Plaintiffs, Defendants, William H. Lewis, III. and Thomas Reilly, By their attorne , By their attorney, Ro ert F. Mills,Esq. Michael D. Ford, Esq. Wynn&Wynn P.O. Box 665, 72 Main Street 300 Barnstable Road West Harwich,MA 02671 Hyannis,MA 02601 (508)430-1900 (508)775-3665 BBO#174440 BBO#542732 Respectfully submitted, Defendant, Town of Barnstable By its.attorney, A true copy,Afteft tuth J.W 1, 1'Asst. Town Attorney �� Town Hall 67 Main Street Hyannis,MA 02601 �(CieriC (508)862-4620 BBO#519285 Dated: July 20, 2004 . EXHIBIT A ASSESSORS MAP 217 LOCUS •`-, --- PARCELS 024900&024WOO f RAILROAD OWNER OF PECORO: WII-LIAY H LEVAS M I MAIN STREET WEST 6ARNSURIE.MA.0266E . ROLITL 6A I DEED BOOK 6260 PACL 112 (� THIS SURVEY COMPLIES WITH TIIE PROVISIONS SET PLAN BOOK 452 PAGE•1. FORTH IN 250 CUR O AS ES'ABIISN M CAPE COD ED 1Y E BOARD OF RCREGISTRATIONTITION Or PgOFE59 OMMUNITY 0NAL ENGINEERS � � 20NING:.Rf J•A COIL OE AND LAND SURVEYORS FRONTAGE-150' AREA- 43560 Sr- SC 6- • •WITMM 2 ACRE RESCUPCE PROTECTION OVERLAY DISTRICT SETBACKS: FRONT- 30' T- < I SIDE - 15' _. ... REAR -- IS' FLOOD ZONES 'B'rr'C'BARNSTABLE LOCUS MAP SCALE 1'= 1000• COMMUNITY PANEL 2SGO1 0011 0 .PRY 3.1992 •• -- ARTHUR F.CLARK ET AL. I S 55-05,56,W I TAP N UNE) '�� '^Oyt,JO•M, a DEED BOOK 2075 PAGE 43 a11.61'(COMPU �� M 1 _6�I•(CONPUTAq O LINE) 7g! P OF WEnAN ^ APPROX. .EOG - _` =76itO a�W�• ` 1 EDGEle .ji6•uNE -71s ��A 1 w I c YARSN CpMP. fy I $w e 1 g NAREA 1 ; Naa • It,R M rut 1 1' I'I u us Lcv BA TRUST INC.RAND 1 10 r---1 ! BAYSIDE FUNDING INC. TRUST 1N i ' L`_AM°.� PARCEL] e DEED BK. 999J PG. 36� 95. 7' I = a 6 O.B. 6915 P. R9 I. •Vyl S 65'41'20-W PUN BK. 113 PG.SS 1 Area f o r 1 location of ale N BAY5.64:ACRES INC. e PARCELS l4: accessory \ Iv DEED ROOK 6216 PAGE 69. b u i 1 d i n s o r S�'17•io•C i I "3'° yy N .PLAN BOOK 406 FACE]0 strucures �17Aj' z 1 1 n FI w 34- • ,now 1 1111w$ ` LON. R- V NT' O 6 0 513 00.14. 19•0 ] tE I „I QQ YI L`6J9.1; ON MD RE 51R� tf d _� Ry 7O4 90*0 ~ 1 c1�5ti1Ry��Q C@QSSING r T r70.'-"-_AC_ -n (A$PNAL�!RAJ% -1b ��:w.. 190.t9 L 55 EASELENF _ LOCKED '"D7�-•�'r9N /'.. 1.EXISTING Sr Z CA `[Y kGATE POSTS R-575.•.0• 1J0' �NINO SIGNS S 6••JO.2t N in Rp cc IC Cp. 11 lMC'-]T S 1a']p'30'C EXuS LNG OS51MG1=ff4-TS.SAY' .1 CASEMENT291.14 1 N ASPHALT k R.R.TIE) TRANSIT AUTHORIT),.(,9.s'YD R G c - PROPOSED 16'WTDC N N 1a• A/IRO.IOf�_ ` �R.�-1 CROSSING STA..1951.06.2 1 1 356.21�'- JO'30'W �'� (CENTERED) $1 a�v. 1,� 20'R.O.W. O.B.107 P. 303 \\ � \\ $.-L L-____ .O.Op• Iw DWELLING uDT,1iT GXY :Desa• •'' 1 N (APPROX. CASEMENT 31.21 �� �__ /LdcAna+) .�APPIrt` x a 7, St 'o Town of Barnstable Conservation District att: Rob Gatewood, Administrator 200 Main Street Hyannis, MA 02601 May 16, 2005 Dear Mr.Gatewood, It has come to our notice that a hearing was held by your office regarding a change in the order of conditions for 67 Pilots Way, West Barnstable.At that time a revised plan was presented by Thomas Reilly. As abutters with a long standing interest in this parcel, we are writing to express our frustration and disappointment that we were not notified of this meeting. At the original conservation meeting in 2001, along with several others present, we expressed deep concern about environmental issues pertaining to this piece of property.There is a twenty year history of environmental concerns for this piece of land. Your minutes of that meeting should reflect the level of concern that was expressed at that meeting by members of the public as well as the members of the commission. The changes that were made to the resulting order of conditions will have enough of an impact that there should have been notification to abutters that have expressed concerns. A more troubling aspect of the changes is the fact that Mr.Reilly presented a plan to your department that is in direct violation of a court order dated July 29, 2004.A copy of this court order was given to your office on May 16, 2005. The court order states that any house constructed on that lot must be at least 120 feet from the edge of the salt marsh. The plan presented to you in March 2005 has the house situated only 84.5 feet from the edge of-the salt marsh.Mr.Reilly clearly misled your office by never revealing the existence of this court order. His continued disdain for following the wishes of the conservation commission is evident with the current cease and desist order that you served him for violating the order of conditions, dated May 9, 2005. In light of Mr.Reilly's lack of honesty regarding the existence of the court order as it pertained to the siting of the proposed house, and his disregard for and violation of the existing order of conditions, we request that the conservation commission revisit their decision of March 18, 2005. We would like an opportunity to discuss our concerns about this fragile piece of marshland. Respectfully Yours, Sherry Greene-Starr Gordon M. Starr c.c. Ruth Weil, Town Attorney Art Traczyk,Planning Department Paul Roma, Building Inspector John Abodeely, Chairman Conservation Commission 7 T 5 �" 4 1,-j`'.A I (';'..`LJ k _ :t4\ BAT,` ., -I Gordon Starr 85 Pilots Way • -1. DTI _I .E, . " West Barnstable, MA. 02668 Dear Barnstable Building Dept., Dec. 28, 2005 I am writing to express my concerns about the fact that your once has not.enforced the "Agreement For Judgment" from the Barnstable Superior Court for the parcel (Map 217 Parcel 24) off Pilots Way owned by Thomas Reilly. In the agreement,the parties agreed that: "d. Lewis and Reilly agree to improve Pilot's Way from Route 6A to the access easement to the premises to a.width of at least 14 feet, with hard packed bluestone with drainage to run down off of the access easement." This agreement was negotiated as a set.of conditions necessary for the continuation of the building process on this lot. I sought relief from the court to protect.my family and neighbors by providing safe access to our houses because of the increased traffic during the construction and occupation of this residence. I expect your office to stop the continued building on this lot until the conditions of the court order are met. This agreement was signed by Ruth Weil and I would be astonished if the town were to continue to remain open to liability in this matter,when a solution is possible. During the increased truck and auto traffic that has accompanied the construction of this building lot, there have been two instances when trucks have gotten stuck and have blocked access to two residences on Pilots Way. This creates potential fire and rescue emergencies as vehicle access was blocked. Pilots Way is an eight foot wide dirt road that has deteriorated as a result of the increased truck and vehicle traffic. This is all before the occurrence.of any appreciable snow fall I thank you for you time and quick action on this matter.. Sincerely, . Gordon Starr Cc: Town Attorney, Town of Barnstable. e i t I t a TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map d� ? Parcel �� ✓U100 Permit# c). 0D� Health Division 1 b 15 `'�S Date Issued Conservation Division Fee /"� S Tax Collector d Application Fee Treasurer Planning Dept. Checked in By Date Definitive Plan Approved by Planning Board Approved By Historic-OKH Preservation/Hyannis Project Street Address ? ��oTs w Village S%G -e, Owner Address /00 Z?ax, 0eee-,-,X Telephone 4 U 1 —�'� ? Permit Request %�I/G I Al 4ZZ !qje N ISIVIV a&& J&_ 150 4t2AA 4' 2�_k e-7yl-5 7,1*5— Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Valuation -e&50'c10. ct-d Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: es ❑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 Number of Bedrooms: existing new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Otherta Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION Name c, Telephone Number Address / License# gt*�SZ-/-G `e �! Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE /D le)lj-- f/ 1 Town of Barnstable o� Regulatory Services BARNSTAHIX ; Thomas F.Geiler,Director Mass. 9q, 039. , Building Division pTfD �s Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 October 1,2002 Michael Ford 72 Main St. West Harwich,MA 02671 RE:Access to Pilot's Way,Lewis—Reilly lot,Map 217,Parcel 024 ����{/► Dear Mike: This letter is in reference to your request for a determination of frontage on this lot. The question of frontage on this lot seems to keep coming up every few years and I seem to remember Elbert Ulshoeffer,the former interim commissioner,being presented with this question because he had asked me and Rich Stevens what we thought about this frontage issue.At the time that we discussed this,Elbert's feeling was that this lot did not have frontage,This could be where the Building Commissioner's denial comes in,but I don't know that for a fact. We have checked our files and looked through the files in the computers and cannot find any evidence of a denial letter having been issued, so evidently nothing was ever in writing. It is my understanding that your client is on the agenda for a ZBA hearing. This denial letter seems a little late,since you had already filed before you had spoken to me on this matter. Having given this short overview of what has transpired with this lot recently,I feel it lacks proper frontage. If I can be of any further assistance please let me know. Sincerely n Tom Perry �C Building Commissioner TP/AW Howard W. Woollard 8-18-05 Town of Barnstable Building Dept 200 Main St. Hyannis,Ma.02601 To Whom It May Concern, 1 am writing this letter to have my name removed as construction supervisor on the building permit issued to Thomas Reilly for construction of a single family residence located at 67 Pilots Way,West Barnstable. Mr.Reilly as the homeowner will be acting as the general contractor.I am as of now completely estranged from this project. vv`� Howard W.Woollard P.O. Box 263 Barnstable, MA 02630 (508) 362-1800 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations IM 600 Washington Street t Boston,MA 02111 °�M sr•�r www mass:gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/orpnization/Individual): Address: �� City/State/Zip: Phone#: � Are you an employer?Check the-appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I 6. 21 New construction employees (full and/or part-time).* have hired the sub-contractors 2.� I am a sole proprietor or partner- listed on the attached sheet $ ❑ Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition working for me in any capacity. workers' comp. insurance. 9. ❑ Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its ME] Electrical repairs or additions required.] officers have exercised their 3.❑ 1 am a homeowner doing all work right of exemption per MGL 11.❑ Plumbing repairs or additions myself. [No workers' comp. c. 152,§1(4),and we have no 12.❑ Roof repairs insurance required.] t employees. [No workers' 13.[:1 Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information: t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such tcontractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic. #: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500,.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certi under the pains and penalties of perjury that the information provided above is true and correct Signafore: Date: Phone# Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." r An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance,construction orrepair work on such dwelling house dw g er.-- or on the grounds or building appurtenant thereto shall not because of such employment be deemetl be 10Y MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary, supply sub-contractors)name(s), address(es)and phone number(s)along with their certificate(s) of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permittlicense number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Fax#617-727-7749 Revised 5-26-05 www.mass.gov/dia Affidavit of Substantial Financial interest of �.�✓'����<� , on oath depose and state as follows. permit for the properly located at Map , Parcel 1, tam an applicant for a building 6,,Prr The address of the property is . 2, i have Do legal or equitable interest in the real property which is the subject of the building permit application which is idertified In paragraph 1 above. sub -�. 3, Within in the fast twelve months from today's date, which is 2 `y�`� � , the win individuals or entities have had a 1% or greater legal �r equitable whicInt re,, in following permit pp the real property which is the subject of the building p h is identified in paragraph 1 above: Address Name 1 have had 4. Within the last twelve months, from today's date,which,is the following properties which have been :a 1% or greater legal or equitable interest in the subject of a building permit application: Map/Parcel Address 5, Within this calendar year, I have submitted building permit applications for property in which I have a 1% or greater legal or equitable Interest. 6. Within the last ten days, I have submitted building permit applications for property in which I have a 1% or greater legal or equitable interest. 7. Within this month;l have submitted building permit applications for property in which I have a 1% legal or equitable interest. s. Within this month, ( have received _building permits for property in which I have a 1% legal or equitable interest. der the pains and penalties of perjury,,thisl7 day of 200 Signed under p y li 1 20 01.00maffin nn nTTERYIAFFIDAVIT °FTIiE, Town of Barnstable Regulatory Services s"x MAS&ice. Thomas F:Geiler,Director Mass. 9�p'fD3 A``� 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 ABuilder as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application for. (Address of Job) Signature of r Date Print Name Q:F0RMS:0 VMRPERMIS SIGN Town of Barnstable Regulatory Services g rY Thomas F.Geiler,Director MAM 03 .��`0� 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 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction, alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adj agent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: �1 ®� �� Estimated Cost Address of Work: Owner's Name: Date of Application: 2 I hereby certify that: Registration is not required for the following reason(s): Work excluded by law ❑Job Under$1,000 ElBuilding not owner-occupied ❑Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the ow`nner: Date F Contractor Name Registration No. OR Date Owner's Name Q:forms:homeaffidav NUCHAEL D. FORD,ESQUIRE ATTORNEY AT LAW 72 MAIN STREET, P. 0. BOX 665 WEST HARWICH, MA. 02671 TEL. (508)430-1900 FAX(508)430-8662 EMAIL: mdfesq@capecod.net Via fax: 508-790-6230 Tom Perry, Building Commissioner October 7, 2002 200 Main Street Hyannis,MA 02601 Re: 67 Pilot's Way Lewis/Reilly Appeal 2002-114 Dear Mr. Perry: I received a copy of the staff report with respect to the above referenced matter,which staff report suggests that my appeal of the decision of the Building Commissioner should be denied because there is no written decision from the Building Commissioner. When last you and I spoke you indicated that you would file your written opinion with the Planning Department with a copy to this file. The hearing on this matter is this Wednesday and I would appreciate it if you could file your opinion as it is my understanding that you have determined that the lot does not have frontage within the meaning of the By-law. Very ter ly yours, Michael D. Ford MDF/mbf cc: Art Traczyk I�� Td/�/ 2u�Ll o TOWN OF BA BLE 7 Building Dep t - ou d on Permit Date WWI —D Perm it Name Location i e� Insp. of Bidgs. UWN OF BARNSTABLE Building epar ment ® Foundation Permit Tv A C PIig ®ate j S Permit # Name T7m ck f o S P c f L � y Location i L oT S w _ tf �} L ,<T -�� Pe-I'v4L— Insp. of Bldgs. Town of Barnstable Planning Division - Staff Report Appeal 2001-35 -Lewis and Reilly i Variance-Section 3-1.4(5)Bulk Regulations,Minimum Lot Frontage % 0 2 or in the alternative Appeal of the Building Commissioner. /V Date: April 10, 2001 To: Zoning Board of Appeals Approved By: Ja 'e Etsten,Principal Planner Art Traczyk, Principal Planner Petitioner: William H.Lewis III and Thomas Reilly Property Address: 67 Pilots Way,Bamstable,MA Assessor's Map/Parcel: Map 217,Parcel 024 Zoning: Residential F Zoning District AP-Aquifer Protection Overlay District Filed:February 06,2001 Hearing:April 18,2001 Relief Requested: J�wto6 t� The petitioners have requested a Variance to Section 3-1.4(5) Bulk Regulations, Minimum Lot Frontage to allow for the construction of a single-family dwelling on a lot that does not have frontage. In the alternative,the a lic? t has also appealed the decision of the Building Commissioner that the access does not, GN P tfron�age. The applicant seeks the Board to overrule the Building Commissioner's decision and to find that the access way constitutes frontage. Background&Review: According to the Assessor's Record,the property at issue is a vacant 5.03 acre parcel located in both West Barnstable and Barnstable Village,north of the railroad tracks and bordering on the Great Marshes. The applicants apparently have sought a building permit which the Building Commissioner denied based upon the lack of frontage. The applicants claims that frontage exists based upon an un-designated"way" accessed from Pilots Way along Route 6A in Barnstable. Access to the property from Route 6A is via a designated 40 foot right-of-way-Pilots Way-a dirt roadway for a distance of some 540 feet. Then along a 20 foot wide easement for some 1,200 feet through Parcel 55 to the Rail Road tracks and over to the subject lot. Some Board Members may recall a similar issue related to a 1991 appeal of Sherry Greene-Starr. That appeal (Appeal No. 1991-03) was an appeal of the Building Commissioner for having issued a building permit on the adjacent lot (Lot 030) which was accessed over the way that is the subject of today's appeals. In that appeal, the Building Commissioner did issue a building permit for the neighboring lot and the Board found to overrule the Commissioner. The Board's decision was based upon finding that included "The way .... does not constitute a way sufficient for purposes of establishing frontage... TOWN ^r OF BARNSTABLE (�;' 1�-+� Zoning Board of AppealsUU , tition for--a VarianceVV ' 2: 20. i Date Re di For Office Use onl : Town Cl t f f ff� O 6 2001 Appeal # lul1u' Hearing Date -mil TOWN OF BARNSTABLE Decision due_ The and $ 4 �.-9&� $ o the Zoning Board of Appeals for a _. variance from the zoning ordinance, in the manner and for the reasons hereinafter set forth: Petitioner' s Name: William H. Lewis III. and Thomas Reill Petitioner' s Address : c/o Michael D. Ford, Esquire, P. O. Box 665, W. Harwich, MA.02671 (508) 430-1900 Property Location: 67 Pilots Way, Barnstable Property Owner: William H. Lewis III.« Address of Owner: c/o Michael D. Ford, Escr. If petitioner differs from owner, state nature of interest: Mr. Reilly has a Purchase and Sale Agreement to buy the property if the variance relief is granted or a building permit is otherwise issued for the construction of a single-family home on the property. Number of Years Owned: 9+ years Assessor' s Map/Parcel Number: Map 217, Parcel 24 Zoning District : RF Groundwater Overlay District: AP Variance Requested: A variance is requested for the dimensional requirements of Ordinance Section 3-1 4 (5) , frontage requirements. Cite section & Title of the zoning Ordinance Description of Variance Requested: From the frontage requirements of the Zoning Ordinance. Description of the Reason and/or .Need for the Variance: Property consists of approximately 4 6 acres, more or less, vacant land, located to the north of the Penn Central Rail Road layout off of Pilot's Way in the Village of Barnstable Property has historically been accessed from Pilots Way across an abutting property and over a sanctioned Rail Road crossing This historical access road has been determined by the Building Commissioner as not Planning Division-Staff Report "The (20) twenty foot easement does not constitute frontage to the property; "Even if a property owner had an earlier right to cross the rail line,the usage cannot be expanded without the consent of Massachusetts Executive Office of Transportation & Construction (EOTC), which has not been given. The crossing of railroad tracks gives rise to serious safety problems." During the 1991 hearing information was obtained as related to issues the Board faces today: • In consideration for Pilots Way,the Barnstable Fire Department commented that it has serious concerns with the adequacy of access and the fact that no public water exists in the area. (see January 10, 1991 Barnstable Fire Department letter). • The Executive Office of Transportation&Construction noted that it objects to any crossing of any rail right-of-way due to safety consideration. That letter also states that EOTC "have not agreed to passage of vehicles over the right-of-way" and"the right to cross a railroad right-of-way cannot be acquired by prescription." The Board may wish to request updated information from these two agencies before making its final determination. Also in consideration for the appeal,the Board may desire additional information as to the nature of the building to be built. The ability to meet Board of'Health regulations without variance and the Conservation Commission desires. The locus is within a designated ACEC-Area of Critical Environmental Concern. Lot 030 in Appeal No. 1991-03 had been owned by William H. Lewis III prior to the 1991 appeal. According to the Assessor's Records, The lot at issue today-Lot 24-transfred to William H. Lewis III on October 15, 1992, from a Marjorie Handy. According to the Assessor's Record,the land has a total appraised value of$46,500. Its total Assessed Value is$12,300. It is noted on the Record as being"Non Buildable". Variance Findings: In consideration for the Variance,the applicant must substantiate those conditions unique to this lot that justify the granting of the relief being sought. In granting of the Variance the Board must find that: • unique conditions exist that affect the locus but not the zoning district in which it is located, • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and • the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Suggested Conditions: Staff has not generated suggested conditions at this time due to the lack of information. Copies: Petitioner/Applicant Attachments: 2 sufficient so as to qualify for frontage for building urnoses. As a result, this variance application from the frontage provisions of the Ordinance has been sought.. Alternatively, the petitioners are also filing an appeal of the decision of the Building Inspector in which they take the position that the historical access road does qualify for frontage under the Zoning By-law. Application t o Petition for a Variance e Description of Construction Activity (if applicable) Use of lot for construction of single-family home Existing Level of Development of the Property - Number of Buildings : None Present Use (s) : NIA, Gross Floor Area: _N/A sq. ft . Proposed Gross Floor Area to be Added: N/A Altered: Is this property subject to any other relief (Variance or Special . Permit) from the Zoning Board of Appeals? Yes [X] No [ ] If Yes, please list appeal numbers or applicant's name Is the property located in an Historic District? Yes [X] No ( ] Is the property a Designated Landmark? Yes [ ] No [X] For Historic Department Use Only: Not Applicable [ ] OKH Plan Review Number Date Approved- Signature; Have you applied for a building permit? Yes [ ] No [X] Has the Building Inspector refused a permit? Yes [X] No [ ] All applications for a variance which proposes a change in use, new construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved Site Plan (see Section 4-7.3 of the Zoning Ordinance) . That process should be completed prior to submitting this application to the Zoning Board of Appeals. For Building Department Use only: Not Required - [ ] Site Plan Review Number Date Approved Signature: The following information must be submitted with the Petition at the time of filing, without such information the Board of Appeals may deny your request : Three 3 co( ) copies of the completed Applicatio n Form eac h with original signatures. Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. All proposed development activities, except single and two- family housing developments, will require five (5) copies of a proposed site improvement plan approved by the Site Plan Review Committee. This plan must show the exact location of all proposed improvements and alterations on the land and to structures . See "Contents of Site Plan: " Section 4-7 .5 of the Zoning Ordinance, for detail requirements . The Petitioner may submit any additional supporting documents to assist the Board in making its determination. Signature: Date: Petitioner or Agent ' s Signature Agent ' s Address: P.O. Box 665, W. Harwich MA 02671 Phone: (508) 430-1900 TOWN OF BARNSTABLE Zoning Board of Appeals Application for Other Powers 170, _6 Rai L: 20 Lun Date Rec For Office Use only: � Town Clel ffice Appeal # ?>/-- 3v�— F E B 0 6 2001 Hearing Date _l8 p/ Decision due TOWN OF BARNSTABLE ZONING BOARD OF APPEALS The undersigned hereby appeal to the Zoning Board of Appeals the Decision of the Building Inspector, a copy of which is attached to this appeal. Applicant 's Name: William H. Lewis, III. and Thomas Reilly Applicant Address : c/o Michael D. Ford, Esquire, P. O. Box 665,. W. Harwich, MA.02671 (508) 430-1900 Property location: 67 Pilot's Way, Barnstable This is a request for: [ ] Enforcement Action [XJ Appeal of Administrative Officials Decision [ J Repetitive Petitions [ ] Appeal from the Zoning Administrator [ ] Other General Powers - Please Specify: Please Provide the Following Information (as applicable) : Property Owner: Same as Applicant Address of Owner: Same as above If applicant differs from owner, state nature of interest: Assessor' s Map/Parcel Number: Map 217, Parcel 24 Zoning District: RF Groundwater Overlay District: AP Which Section(s) of the Zoning Ordinance and/or of MGL Chapter 40A are you appealing to the Zoning Board of Appeals? 5-3 .2 (1) (Appeal from Administrative Official) and Massachusetts General Laws Chapter 40A, Sections 7, 8 and 15 Existing Level of Development of the Property - Number of buildings : None Present Use (s) : N/A , Gross Floor Area: N/A sq. ft. Application for Other Powers Nature & Description of Request: The Petitioners appeals the decision of the Building Inspector that the lot does not have frontage The lot is currently accessed by an historical access road from Pilot's Wa crossin the land of an abutter, and over the Penn Central Rail Road at a sanctioned crossing. Petitioner seeks the Board of Appeals review of that decision and requests that the Board overturn it, finding that the access road Provides frontage within the meaning of the by-law for a single family home on the premises Is the property located in an Historic District? Yes [X] No [ ] If Yes OKH Use Only: Plan Review Number Date Approved Is the building a designated Historic Landmark? Yes [ ] No [X] If Yes Historic Preservation Department Use Only Date Approved Has a building permit been applied for? Yes [ } No [X] Has the Building Inspector refused a permit? Yes [X] No [ ] (See letter of Building Inspector dated ( ) ) Has the property been before Site Plan Review? Yes . [ ] No [X] This is an appeal of the Building Inspector's decision of frontage determination and as a result categorically exempt under Section 4-7.3 (2) of the Barnstable Ordinance For Buildings Department Use only: - Not Required - Single Family [ ] Site Plan Review Number Date Approved Signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your request : Three (3) copies of the completed application form, each with original signatures . Three (3) copies of all attachments as may be required for standing before the Board and for clear understanding of your r appeal . The applicant may submit any additional supporting documents to assist the Board in making its determination. Signature: Date.- Applicant or Agent ' s Signature Agent ' s Address: P.O. Box 665, W. Harwich, MA. 02671 Phone: ' (508) 430-1900 Notice For Public Hearing The following are the most recent names, mailing address and corresponding Assessor' s Map & Parcel Numbers of the abutting property owners, the owners of land directly opposite on any public or private street or way, and all abutters to the abutters within three hundred (300) feet of the property lines of the subject property. Assessor's Map & Parcel Numbers Owner' s Name Address * N 0 T I C_ E Upon Submission of application, it is required that all facts and documentation necessary to support the relieve being sought be presented by the applicant. The failure of which may result in the denial of the application at the scheduled hearing. � u r .e � � roc rae.ei aca' T•r yr rAa Tbw1-.I of T'�AV- 9TAe LE I . � 4-35a�12-11 I i I I I lij or � 5 `� 4Mcu srr�S�E •i1 WEST ISn.2uST43.-E � P�2.¢. D�rryi'?w GT •� ' nn �44,800�s9 �y {4. 55,960�D.M.Tu le 139,45v�Sq..`F.-te f0✓�?�lu� •� � I =m 0 ] � N A6.L� c.. � W d "•� . I FG U 1 Y •� + I m wAy `•I swa: � �i�7 e.l.-Iv-2.1• L.stoti nc• .--- te•,�eyblEro,�,�T---� `�' � Cap.Sc'w��7 'L-,& ._t -I- L.AU> I� I NC26Z•< CEtY FT Tti+AT l>JE LUGS S 4k Ju! LXJ Tu„a q .. ,Ac6•r GuuES ��"-7 B�ZLIST�.aL-•E�M�SS.. a.�..lst.5.a.n,e:u�r�L,.,EsoFr.lE sr..��-s .e+n I.J4Yg S�-IDWu 4LE•-••,•�,-C.=..�aTJ��cat V[vAT83 SY2L-E7S bC w4•fS A�Z6AD.<EST48L�s�1ED IJC-0 .U .•^ rZa s LAvs� 'C�J C�FX�S�uC� —_ ... d.lu6Z..SLDS tJC 1--0Z lJr1J�2EFS C2.uA•F AZE 51�4u' MAz JpZ�c 14AUT:yy o c--- A1�: \' +40• MAY I, Ig4q W\k-�•11tIIIII — ••• \ SIG_ I - ,.IV! I • , 1 _L� _ALL 41-L i IL i 1 Rikt ' / #/ISO xu 717 W 211 IQ 4—W00\\ 24-900 #st SIL AIL N LD 11 II 6e3/ I i 55100 AAPRtII�'', 2e was 'IV I \\ 0 n MAP 217 PARCELII 024 , SCALE; l =200 W � �,_' rN•� E 300' ABUTTERSS JOTS: Planimetrics,topography,and **NOTE: The parcel lines are only graphic representations DATA SOURCES: Planimetrics(man-made features)were interpreted from 1995 aerial photographs by The James getation were mapped to meet National of property boundaries. They are not true locations,and W.Sewall Company. Topography and vegetation were interpreted from 1989 aerial photographs by GEOD rp Accuracy Standards at a scale of do not represent actual relationships to physical objects Corporation. Planimetrics,topography,and vegetation were mapped to meet National Mop Accuracy Standards =100'. on the mop. at a scale of 1"=100'. Parcel lines were digitized from 2000 Town of Barnstable Assessors tax maps. Property Location: 67 PILOTS WAY MAP ID: 217/024/B00// Vision ID: 15468 Other ID: Bldg#: 1 Card 1 of 1 Print Date:0,V09/2001" LEWIS,WILLIAM H III Description Code Appraised Value Assessed Value S LAND 1300 33,700 33,700 801 IN ST BARNSTABLE MA 02668 Barnstable 200I,-MA Account# 133956 Plan Ref. Tax Dist. 100 Land Ct# er.Prop. #SR Life Estate VISION DL 1 Notes: DL 2 GIS ID: Total 33,700 33,700 O EWIS,WILLIAM H III 8260/172 10/15/1992 U I 10 A Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code .• Assessed Value RANDY,MARJORIE C 1465/871 Q 0 2000 1300 8,900 1999 1300 8,900 t998 1300 8,900 8 90 ®,''.-£ , Tot—al. 8 900 Total. 8,9001 Total. 0 ., ., _ This signature acknowledges a visit by a Data Collector or Assessor Year TypelDescription Amount Code Description Number Amount Comm.Int. Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 Total: Appraised OB(L)Value(Bldg) 0 ' Appraised Land Value 33,700 Special (Bldg)cial Land Value ( g) *FY88 LAND ADJ NON BUILDABLE. Total Appraised Card Value 33,700 Total Appraised Parcel Value 33,700 Valuation Method: Cost/Market Valuation et Total Appraised Parcel Value 33,700 Y ,_ € Permit ID Issue Date Tvve Description Amount Insp.Date %Comp. Date Comp. Comments Date ID Cd. Purpose/Result N x - B# Use Code Description Zone D ronta a Depth Units Unit Price I.Factor S.I. C.Factor Nbad. Ad'" Notes-Ad YS ecial Pricing Ad". Unit Price Land Value 1 1300 Vac Land RF 1 5 3.37 AC 16,500.00 1.00 5 0.25 78AB 0.80 PCL(5.,U14)Notes:14 IACRI 10,000.00 33,700 Total Card Land Units 3.37 AC Parcel Total Land Area: 3.37 ACI Total Land Valuqj. 33,700 Property Location: 67 PILOTS WAY MAP ID: 217/024/B00// Vision ID 15468 Other ID: Bldg,#: I Card I of 1 Print Date: 04/09 1 Element Cd. JCh. Description Commercial Data Elements Style/Type 99 Vacant Land Element Cd Ch. Description Model 00 Vacant Heat&AC Grade Frame Type Stories Baths/Plumbing ccupancyCeiling/Wall ooms/Prtns Exterior Wall 1 /o Common Wall 2 Wall Height Roof Structure Roof Cover ._ � e � Interior Wall 1 2 Element Code Description Factor nterior Floor 1 Complex 2 Floor Adj Unit Location Heating Fuel Heating Type Number of Units C Type Number of Levels /o Ownership Bedrooms Bathrooms nadj.Base Rate .00 Total Rooms ize Adj.Factor .00000 Grade(t)Index .00 Bath Type Nbhd Adjustment .00 Kitchen Style Adj.Base Rate Bldg.Value New Year Built ff.Year Built rml Physcl Dep uncnl Obslnc. .... *., sue , - con Obslnc Code Perrentayw pecl.Cond.Code 1300 Vac Land 100 pecl Cond% Overall%Cond. eprec.Bldg Value Code I Description LIB Units Unit Price Yr. DD Rt %Cnd Apr. Value Wry Code Description Livin Area Gross Area E .Area Unit Cost Unde rec. Value tl. Gross LivIEease Area 01 0 0 1 Bld-a1, Property Location: 67 PILOTS WAY MAP ID: 217/024/W00// Vision ID: 15469 Other ID: Bldg#: 1 Card 1 of 1 Print Date:.0009/2001 r : ., � EWIS,WILIAM H III Description Code Appraised Value Assessed Value IN ST S LAND 1300, 12,800 12,800 801 BARNSTABLE,MA 02668 Barnstable 2001 MA ccount# 133965 Plan Ref. Tax Dist. 500 Land Ct# er.Prop. #SR Life Estate VISION DL 1 Notes: DL 2 . ... /� I ID Totall 12,8001 12,800 ,., ..." .3. .. e.. n,....:.:' .....,,... ..,•.__ -x x d,., �.,r '.'l;.„_,4 .� .t .'.' 1. ,t av ,z... j.i. �..^, •..:}. f �. .�< s.'., �• ,..: .. .,'1 .,.. `� n.s` t �„ 1 x M EWIS,WILIAM H HI 8260/172 10/15/1992 U V 10 A Yr. Code Assessed Value Yr. Code Assessed Value Yr. I Code I Assessed Value RANDY,MARJORIE C 1465/871 Q 0 2000 1300 3,400 999 1300 3,400 1998 1300 3,400 fal. 3,400 Total:1 3,4001 Total., 00 R1111. _. o This signature acknowledges a visit by a Data Collector orAssesso� Year TvpelDescription Amount Code Description Number Amount Comm.Int. Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 Total: Appraised OB(L)Value(Bldg) 0 Appraised Value(Bldg) 12,800 .:.. ; arse Land V u *FY88 LAND ADJ Special Land Value NON BUILDABLE. Total Appraised Card Value 12,800 Total Appraised Parcel Value 12,800 Valuation Method: Cost/Market Valuation +rE. ,-, x ,, �, , ., �,>;•� ` ,�� arse �I �. .. :. P et Total Appraised Parcel Value 12 800 •.., z'. Permit ID Issue Date Tvpe I Description Amount Insp.Date %Comp. Date Com . Comments Date ID Cd. Purpose/Result B#I Use Code I Description Zone D Frontage De th Units Unit Price I.Factor S.I. C.Factor Nbad. Adi. No tes-Ad%S ecial Pricin Ad'. Unit Price Land Value 1 1300 Vac Land 5 5 1.28 AC 16,500.00 1.00 5 0.25 78AB 0.80 PCL(5.,U14)Notes:14 IACRI 10,000.00 12,800 Total Card Land Unitsi 1.28 ACI Parcel Total Land Area: 1.28 AC Total Land Valu4i 12,800 Property Location: 67 PILOTS WAY AL4P ID: 217/024/Woo/ Vision ID:15469 Other ID: Bldg I Card 1 of I Print I Date: 04/09/2-301 &I""Ll U01"M 10 :Z, 12 50��- Element Cd. JCh. Description Commercial Data Elements Style/Type 99 Vacant Land Element Cd. Ch. Description Model 00 Vacant Heat&AC Grade Frame Type tories Baths/.Plumbing Occupancy Cei"g/Wall Rooms/Prtns Exterior Wall 1 %Common Wall 2 all Height Roof Structure Roof Cover nterior Wall I 2 Element Code Description Factor Lnterior Floor 1 Complex 2 Floor Adj Unit Location eating Fuel Heating Type Number of Units AC Type Number of Levels %Ownership Bedrooms Bathrooms Total Rooms Unadj.Base Rate .00 ize Adj.Factor .00000 e(Q)Index .00 ath Type bhd Adjustment .00 Kitchen Style dj.Base Rate Idg.Value New at Built ff.Year Built rml Physcl Dep uncnl Obslnc Milk ccn ObsInc IBM C'nde Dpsrriptinn Percentape --Specl.Cond.Code 1300 Vac Land 100 Specl Cond% Overall%Cond. Deprec.Bldg Value t�yy Code Description LIB Units Unit Price Yr. N DD Rt %Cnd Avr. Value NoWl"',W'a 01a.. RUN= Code Description LivingArea Gross Area Eff.Area Unit Cost (Nftrec. Value Ttl Gross UvYLeaseAre- 1 01 0 01 Bldg Val. 1 f .-- Town of Barnstab 1 e Zoning Board of Appeals 1 _ Appeal of a Decision of the Building Commissioner` •=_. I Decision and Notice . Appeal : #f 1991-03 ? Petitioner : Sherry Greene-Starr Summary of Relief Sought: At a regularly scheduled hearing of the Zoning Board of Appeals , held on February 28, 1991 , an_d having been . continued from January 10 , January 24 , and February 14, 1991 , notice of which was duly published in the Barnstable Patriot, and notice of which was- forwarded to all interested parties pursuant to Massachusetts General Laws , Chapter 40A, the petitioner, Sherry Greene-Starr appealed to the Board a decision of the Building Commissioner to issue a building permit pursuant to Section 13 , "Zoning Administrator" and Section 15 "Appeal Procedure" , of MGL Chapter 40A and in accordance with Section 5-3 . 2 ( 1 ) , "Appeals from Administrative Official " of the Barnstable Zoning Ordinance. The petitioner is aggrieved by the decision of the Building Commissioner to issue a building permit for a single-family detached home to be constructed on what is shown as Assessor' s Map/Parcel Number 217/30 , commonly located off Pilot's Way, West Barnstable, MA, in an RF - Residential F District. The petitioner' s request was heard by Board members : Ron Jansson, Acting .Chaiman, Gail Nightingale, Betty Nilsson Bruce Burlingame and Dexter Bliss . Summary of Evidence : At the meeting of January 10 , 1991 , the Zoning Board of Appeals investigated to determined the standing of the applicant before the Board. At the meeting of January 24 , 1991 , the Building Commissioner was present , along with principals from Bayside Funding, Inc . who are the present owners of the property and the firm to which the building permit in question had been issued. The building permit with an issue date of March 01 , 1990 had been for the construction of a 21856 sq. ft . single-family dwelling to be located on the lot in question . Access to the lot was apparently created by 20 foot easements off Pilot' s Way in October 1985 . Pilot' s way was also described as being a "dirt track" and it was noted that Approval Not Required Plans (ANR) endorsed by the Planning Board on August 09, 1982 had the notation "There shall be no further subdivision until the road [Pilot' s Way] meets the requirements of the Subdivision Rules and Regulations . " Joseph DaLuz, Barnstable Building Commissioner presented Ri his findings and reasons for the issuance of thit building permit. That the property existed prior to the adoption of Zoning and its use was that of a homestead. The application for the building permit was first sought in March 01 , 1990 and was refused, the applicant being referred to the Zoning Board of Appeals . The Building Commissioner tracked the title of the property back to 1887 , to an Isaac Whitman, the original grantor of the land for the railroad right-of-way. The foundation permit for the proposed structure was issued on November 15, 1990. The public was asked to comment and letters received by the Board' s office were read into the recored. Attorney Leo Byrnes , representing the Barnstable �{�L Con,sR,r-vation Commj �-,s•ion addressed the issue of frontage and grandfathering and stated that in his opinion a Variance would be required to permit the issuance of a building permit for this lot . Bill Lewis , an abutter, discussed access to the lot. The Board noted that : 1 . The portion of the land that abuts Pilot' s Way is an easement , the lot itself does not border on Pilot's Way; 2 . The lot came into existence after a portion ( 1 . 5 acres ) , was deeded out several years ago and this conveying of land left the larger lot which is the locus of this appeal ; 3 . That lot at no time, based upon the plans that were presented; had any frontage on Pilot' s Way; 4 . The only access was through a (20) twenty foot wide easement to Pilot' s Way which was granted in 1985 ; and 5. The RF Zoning District was created in 1962 with a requirement of ( 150) one hundred fifty foot frontage . Finding of Facts : At the Meeting of February 14 , 1991 , the Zoning Board of Appeals made the following finding of facts as related to Appeal # 1991-03 : 1 . The way, as shown on the plan of land submitted, does not constitute a way sufficient for purposes of I establishing frontage as the owners of the land seek to establish it ; 2.• The (20) twenty foot easement does not constitute frontage to the property; ' 3 . In 1985 when the easement of (20) twenty foot was �. created the frontage requirement was ( 150' ) one hundred fifty feet in that particular zone; and 4. Even if a property owner had an earlier right to jj cross t'he rail line, the usage cannot be expanded j without the consent of Massachusetts Executive Office of Transportation 8 Construction (EOTC) , which has not been given. The crossing of railroad tracks gives rise to serious safety problems . The vote on the fi.nding of facts was continued to February 26 , 1991 , at which time the vote was as follows : I' AYES: Jansson, Nightingale, Nilsson, Burlingame and Bliss . NAYS,: None. Decision: At the meeting of February 14 , 1991 , a motion was duly made and seconded to over turn the previous decision of the Building Inspector, in terms of granting a building permit j for a single-family dwelling to be located off of Pilot' s- Way as shown on Assessor's Map 217 , Parcel 30. The vote on the Decision was continued to February 28, 1991 , at which time the vote was as follows : i 1 AYES : Jansson, Nightingale, Nilsson, Burlingame and Bliss . NAYS : None. THE BOARD HAS OVERTURN THE DECISION OF THE BUILDING COMMISSIONER. I_ Any person aggrieved by this decision may appeal to the Barnstable Superior Court , as prescribed in Section 17 of Chapter 40A of the General Laws of Massachusetts by filing a Complaint in said Court as well as a notce of action with ^ the Barnstable Town Clerk , within twenty (2 )) days of the filing of this decision with the Barnstable Town Clerks Office. Chairman I ' Clerk-of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty 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 day of 19 under .. the pains and penalties of perjury. Town Clerk DISTRIBUTION Town Clerk. Property Owner Applicant A TRUE E . _Persons Interested ® ALUAI _ Building Commissioner Public Information Board of Appeals ; Tom, �vAox �� NSA° L FIREDEPARTMENT �� colu am`4®e ®°tea 3249 Main Street st? ® Barnstable,Massachusetts 02630 508-362-3312 WILLIAM A.JONES III, CHIEF GLENN 13.COFFIN,CAPTAIN FIRE PREVENTION January 10, 1991 f Mr. Luke Lally, Chairman Barnstable Zoning Board of Appeals W Barnstable Town Hall a�fOFgppEqLS South Street Hyannis , MA 02601 Re: Approval Not Required Plan of Charles F. Crocker Jr. , Inc. Barnstable Dated August 8, 1983 Dear Mr. Lally, At the request of an abutter, I have been asked to give my opinion on fire protection in regard to Lot #30, Pilot's Way, to which a building permit. has been issued by Mr. Joseph Deluz. .-Having review the plans, as well as having prior knowledge of Pilot's Way I feel a serious problem exists. Should the building be allowed to go forward, it is my opinion that all abutting property owners should be required to upgrade the road to meet the Town of Barnstable subdivision standards. I also feel that the access to Lot #30 is not adequate as proposed, and should be paved to the complete sixteen foot width of the right of way. If these are not required and addressed, I feel a serious problem of access by this department will exist. This also refers to any of the other buildable lots North of the railroad right of way. Even now, with the present condition of these roads, I have doubt as to the access of our larger fire apparatus at all . I am indeed concerned about the two existing houses, never mind the possibility of adding additional homes. I would like to make clear that there is no municipal water on Pilot's Way, that can be used for fire protection. due to this lack of water supply, a building or brush fire would require the need for large tanker trucks to enter the area. As stated above, the roads and access available will not handle this type of operation. This will not only compromise the ability of the fire department to protect these properties, but could also be a safety problem to the firefighters. To this end, it is my feeling that a municipal water system should be required before any. more buildings are allowed. Page 2 of 2 In closing, I sincerely hope that the board will consider my concerns for the public safety of the residents in the area. I trust you will consider fire and rescue concerns before approval . Sincerely, William A. Jon s, III , Chief Barnstable Fire Department WAJ/by I I Fn0 00m 3VO OVA 66-3969 FAAN1 J1 ' �6Uf/MKd1 'v gaed '6910a 97.?-7000 TOWN OF BARNSTABLE (6 7 7) 973 7.?06 ZONING BOARD OF APPEALS 4 January 24, 1991 Mr. Ron Jansen Chairman, Zoning Appeals Board Board of Appeals Town of Barnstable Barnstable Town Hall Hyannis, MA 02601 RE: Bayside Funding Building Permit (off Pilot's Way) Dear Mr. Jansen: The Executive Office of Transportation and Construction (EOTC) owns the rail line passing through West Barnstable. The line is used by Bay Colony Railroad, Cape Cod Railroad and Amtrak. There are serious,. safety problems with any crossing over a rail right-of-way. We have been notified that you are considering an issue concerning property located adjacent to the state-owned rail line in West Barnstable. Be advised that this office does not grant permission to cross the railroad right-of-way for safety, cost, legal, and other considerations. Although our information about the matter pending before you is sketchy, we wish to state. that although we are willing to permit utilities to pass under our right-of-way (subject to our construction standards) , we have not agreed to passage of vehicles over the right-of-way. The right to cross a railroad right-of-way cannot be acquired. by prescription. (See M.G.L. c. 160, c. 114 and M.G.L. c. 160, S 88. ) Even if a property owner had an earlier right to cross the rail line, the usage cannot be expanded without the EOTC's consent. EOTC has not given this consent. Thank you. Sincerely, Fj Ju ith L. Truax sistant Deputy Secretary cc: Bay Colony Railroad JLT/lmg FILE COPY LEO A. BYRNES D i.: �• In COUNSELOR AT LAW FEB I O��JfJ O(F aR,ARN`!.A F! P.O. BOX 2156 -A •� __..T . (508)896.7495 HYANNIS.-MASSACHUSETTS 02601 TEL(508)362-4938 COURTHOUSE SQUARE FAX(508)362.4599 3119 MAIN STREET BARNSTABLE,MASSACHUSETTS 02630 ebruary 11 , 1991 Board of Zoning Appeals Town of Barnstable Town Hall Hyannis , Mass. 02601 Re: building permit for Bayside Funding, Inc. Off Pilot' s Way Gentlemen: On behalf of the Barnstable Conservation Foundation (BCF) , which is the owner of property which abuts the site for which the above-referenced permit was issued, I have enclosed a memorandum which sets forth reasons to support the position of the BCF that the permit should not have been issued without a variance. S ' erel Leo A. Byrn 7" cc: Richard Anderson Joseph Daluz D ,LEO A. BYRNES COUNSELOR AT LAW FEB I 3 ,'}9:I -� PO. BOX 2156 jOVJ;q Q�Brn�tN�TAA E HYANNIS, MASSACHUSETTS 02601 ��p, a;v(•„ 11•TEL 0 ZQPl�P.s ��::-.—...;:.........('� 8).896-7495 TEL(508)362.4938 COURTHOUSE SQUARE FAX(508)362.4599 3179 MAIN STREET BARNSTABLE,MASSACHUSETTS 02630 IN RE APPLICATION OF BAYSIDE FUNDING, INC. , PILOTS WAY The Barnstable Conservation Foundation, which is an owner of land which abuts the parcel for which the building permit was issued to Bayside Funding, Inc. objects to the issuance of the permit on the grounds that the permit was issued in violation of the requirements of the Barnstable zoning by-law, particularly as regards frontage. The parcel for which the permit was issued consists to a combination of two parcels acquired by Bayside Funding, Inc. The two parcels first came under common ownership when William H. Lewis, 3rd, acquired the second of the two parcels pursuant to the deed recorded on November 2 , 1972 at Book 1748 Page 186 in the Barnstable County Registry of Deeds. The two parcels which came under common ownership were first created, respectively, by the deeds recorded - on November 4, 1965 at Book 1316 Page 1055 (from Bessie B. Crocker to William H. Lewis, III) , and - on November 2, 1972 , at Book 1748 Page 186 (from Charles P. Kimball to Willlam H. Lewis , 3rd) . The lots described in those deeds were not shown separately on any deed recorded prior to those dates. (There is no record of approval under c. 41 M.G.L for a subdivision for either of these lots or for endorsement for approval not required. ) The lots do not conform with the current zoning requirements for frontage of 150 feet in the RF zoning .district in which they are located. The lots did not conform with the zoning requirements for frontage of 160 feet in effect when they were first recorded in 1965 and 1972 , respectively. Grandfather protection for non-conforming lots is provided under the Barnstable zoning by-law (sec. 4-4.5) and c. 40A M.G.L. sec. 6 , which read in part as follows . Barnstable zoning by-law 4-4 .5 "Any lot lawfully laid out by a plan or deed duly recorded . . . which complies at the time of such recording. . . with the minimum area, frontage, width, and depth requirements, if any, of the zonining by law in effect at the time of such recording. . . may thereafter be built upon for residential use. . .if. . . [alt the time of the adoption of such requirements. . .was held in ownership separate from than of adjoining land. . . [a] nd.-. . [a] t the time of building, such lot has an area of seventy-five hundred sq. feet or more and a . frontage of twenty (20) feet or more... . " (Emphasis added. ) c. 40A, M.G.L. , sec. 6 "Any increase in area, frontage, width, yard, or depth requirements . . . shall not apply to a lot for single and two-family residential use which at the time of recording. . . was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirements but at least five thousand square feet of area and fifty feet of frontage. . . . " (Emphasis added. ) The Barnstable Conservation Foundatation maintains that a building permit may not be granted for those lots, without a variance, for the following reasons.. I . THE PACEL DOES NOT COMPLY WITH THE CURRENT REQUIREMENT FOR FRONTAGE OF 150 FEET. The combined parcel is in the RF zoning district for which the frontage requirement is 150 feet. The combined parcel has no frontage as" required under zoning law. The only frontage claimed by the applicant is for 20 feet at the point at which at easement is tangential with the western boundary of the combined parcel . For the reasons described in the accompanying memorandum, the BCF maintains that even this 20 feet of frontage on the easement does not qualify for required frontage under the zoning by-law. II . THE EXISTING PARCEL DOES NOT QUALIFY FOR PROTECTION AS A NON-CONFORMING LOT UNDER C. 40A SEC. 6 , OR UNDER SECTION 4-4.5 OF THE BARNSTABLE ZONING BY-LAW BECAUSE NEITHER OF THE COMPONENT PARCELS COPLIED WITH THE ZONING REQUIREMENTS IN EFFECT FOR FRONTAGE OR LOT WIDTH WHEN FIRST DESCRIBED SEPARATELY IN RECORDED DEEDS ON NOVEMBER 41 1965 OR ON NOVEMBER 2, 1972. On November 4, 1935, the site was in the Residence C-2 Zoning District. The size requirements for lots in that district included a minimum lot size of 35 ,000 s.f. , and minimum frontage of 160 feet. Art. 42 . ATM, 3/5-6/56 , as amended by Art. 1. STM, 7/19/63. On November 2, 1972 , the site was in the Residence E zoning district. The size requirements for lots in that district included a minimum lot size of 35 , 000 s.f. , and minimum frontage of 160 feet. Art. 99 , ATM, 3/6/69 . (The site of the building as proposed in the building permit is entirely within the parcel first recorded on November 2, 1972. ) III . IN ANY CASE, EVEN IF THE LOTS HAD COMPLIED WITH THE ZONING REQUIREMENTS IN EFFECT WHEN FIRST RECORDED, A. THE PARCEL DOES NOT QUALIFY FOR PROTECTION AS A NON-CONFORMING LOT UNDER C. 40A SEC. 6, BECAUSE NEITHER OF THE COMPONENTS HAD 50 FEET OF FRONTAGE WHEN EITHER OF THE COMPONENT PARCELS WAS FIRST RECORDED, AND B. THE PARCEL DOES NOT QUALIFY FOR PROTECTION AS A NON-CONFORMING LOT UNDER SE -SECTION 4. 4.5 OF THE BARNSTABLE ZONING BY-LAW, BECAUSE IT DOES NOT NOW HAVE 20 FEET OF FRONTAGE. Included herewith as an attachment is a memorandum which sets forth the reasons that the easement on which the lot now has 20 feet of frontage is not sufficient to qualify for the frontage requirements under the zoning by-law. IV. ANY UPGRADING OF THE ACCESS EASEMENT NECESSARY TO QUALIFY THIS EASEMENT AS. A WAY FOR THE PURPOSES OF FRONTAGE, A. WOULD REQUIRE APPROVAL BY THE CAPE COD COMMISSION AS A DEVELOPMENT OF REGIONAL IMPACT BECAUSE IT WOULD CREATE ACCESS TO THE SEA, AS DESCRIBE IN SECTION 12 (c) (2) OF THE CAPE COD COMMISSION ACT; AND B. A REVIEW UNDER THE MASSACHUSETTS ENVIRONMENTAL PROTECTION ACT BECAUSE OF THE NECESSITY OF PERMITS AND EASEMENTS FROM THE STATE IN ORDER TO CROSS THE RAILROAD LINE AND TO ALLOW DEVELOPMENT IN OR WITH AN IMPACT ON AREA DESIGNATED AS AN AREA OF CRITICAL ENVIRONMENTAL CONCERN. CONCLUSION For the reasons given above, the Barnstable Conservation Foundation respectfully requests the Board of Appeals to set aside the grant of the building permit for Bayside Funding, Inc. Re p ctful`y, mitted, �� IS � � r } LEo A. BYRNES COUNSELOR AT LAW F.O. BOX 2156 TEL(508)896.7495 HYANNIS, MASSACHUSETTS 02601 TEL(508)362-4938 COURTHOUSE SQUARE FAX(508)362-4599 3179 MAIN STREET BARNSTABLE,MASSACHUSETTS 02630 MEMORANDUM ON FRONTAGE The 20 feet of frontage claimed for the subject parcel is not on a way which qualifies under State or local requitrements. 1. The 20 feet of frontage now claimed for the parcel is on a 20 foot wide easement, which was first created on October 23 1985, by an easement granted from Majorie C. Handy to B. W. C. Ellis and Thomas H. Shields. This easement did not exist when a deed which described the lot was first recorded. 2. This easement leads from the western boundary of the subject parcel to a point where in ends at the railroad tracks. 3 . There are no established rights to cross the railroad tracks for the purpose of providing access to the subject parcel . There has been no showing that legal rights exist to cross the railroad tracks for the purpose of access to the subject parcel. In a letter of January 24, 1991, to the Barnstable Zoning Appeals Board, Judith L. Truax, Assistant Deputy Secretary of the Executive Office of Transportation and Construction (EOTC) stated that EOTC owns the railroad; that the office does not grant permission for vehicles to -cross the railroad right-of-way for safety, cost, legal and other considerations; that the right to cross a railroad right-of-way cannot be acquired by prescription;. and that even if a property had an earlier right to cross the rail line, the usage cannot be expanded without the EOTC' s consent. This letter shows that the applicant (a) has no legal interest, such as an easement, in the real estate for which the crossing is claimed and, (b) has not received the necessary permits required to protect public safety for a railroad crossing. The grant of any easement or permits from the State would be subject to the requirements of the Massachusetts Environmental Protection Act. In view of the fact that the granting of permits and easements would enable development within or with a significant impact on an Area of Critical Environmental Impact, an environmental impact statement may be necessary. 4. South of the railroad tracks there is a 16 ' wide easement which connects with Pilot ' s Way. The rights to use this easement for the purpose of access to the subject parcel were first created in 1985 , pursuant to to an easement granted from Charles F. Crocker to B. W. C. Ellis and Thomas H. Shields . 5. The easement, parcitularly the 16 ' wide section, is not sufficient to provide access for vehicles for healtn and safety. In a letter of January 10, 1991, to the Barnstable Zoning Board of Appeals Chief Jones of the Barnstable Fire Department atated that the existing unpaved 16 ' wide way off Pilot' s Way was inadequate for access need for the Fire Department. 6. When the Planning Board approved previous subdivisions or endorsed lots for approval not required which used Pilots Way it imposed a condition that this way not be used for access for any additional lots. 7. The easement is not open to the public as a public way. It is essentially a driveway for one private lot. 8. Any physical improvement of the existing easement which provides access to the coast would constitute a Development of Regional Impact which must be approved by the Cape Cod Commission, under the requirements of section 12 (c) (2) of the Cape Cod Commission Act. There is no definition of "frontage" or "way" in the - Barnstable zoning by-law. For guidance on what constitutes a way we can look to court decisions or to other sources such as c.41 sec. 81L, to which Mr. DaLuz referred in his memorandum of January 17, 1991, to the Board of Appeals. 1. Cases on frontage The cases show that a main purpose of the requirements for frontage is to assure adequate access. See Hrenchuck v. Planning Board 9f Walpole, 8 Mass. App. Ct. 870 (1979) . 2. Standards of c41, sec. 81L. ,The existing easements do not meet the standards of c. 81 ; sec. 81L. There is no contention that the easement is on a public way certified by the town clerk or on a way shown on a plan approved and endorsed in accordance with the subdivision control law. The only other type of way which may be used for frontage . in accordance with the standards of sec. 81L is "a way in existence when the subdivision law became effective in the city or town in which the road lies , having in the opinion of the planning board sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon, or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. (Emphasis added. ) " The easement in question does not meet the standards of sec. 81L. 1. It is not been established that the way in question was in existence when the subdivision law became effective. In view of the questions regarding the railroad crossing it has not been established that a connected way exists now. Also, at least part of the way is through easements which were created for the first time in 1985 . 2. . The way has not been reviewed or accepted by the planning board. 3. For the reasons discussed above, the way in question does not provide suffcient legal or physical access for vehicles in accordance with the criteria of sec. 81L. °F1HET°w� The Town of Barnstable a aA MASS.�E. , Department of Health Safety and Environmental Services i63q. ,(� T /MASS. C) �0 prFO MP+a, Building Division 200 Main Street,Hyannis,MA 02601 v I Office: 508-862-4038 f Fax: 508-790-6230 Inspection Correction Notice Type of Inspection Location �� #- I �� S � �Permit Number Owner Builder One notice to remain on job site,one notice on file in Building Department. The following items need correcting: 7-Of PLA TG f3A5zF" EK c" L14 L-E �S " �- U, f�--- b'6tT- P i ADD ( i' r RA s6 1-�EKT sDf tr"j GUER- C. y'T'-' ( hl Tb 1 S T ��64 i f('r- d`t N J`'�_ Gr t/ 0tj Q - SASS a v TAcvZ -Z- ( � ® A-77Tc- r � tx (9 Please call: 508-862-40 8 for re-inspection. Inspected by,.�/ Date s�~0 The Town of Barnstable jam•; Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis,MA 02601 862.4038 790.6230 PLAN UVI.Ew rrer: Map/Parcel: C '7 d W o accAddress: (07 P/ LoT-S W. *y Builder: 0 Ui Al 4f-7 1 following items were noted on reviewing: G—r KD459- S PP9-NS .1 o LA � �s _57-0MP6c� 13 . )3 Y 0 6K e v L TE-a-f PEP,eb s EEC b r= S D r FFE2 F-A wig 4.t EL To 197-5 A-kE S vg 0 - T10N PK �4C' s QM lTt�� ;wed by: 'i TOWN OF BARNSTABLE Zoning Board of Appeals Application for Other Powers Date Received For Office Use only. Town Clerk Office Appeal# Hearing Date Decision due The undersigned hereby appeal to the Zoning Board of Appeals the Decision of the Building Inspector, a copy of which is attached to this appeals. Petitioner's Name: William H. Lewis,III and Thomas Reilly Petitioner's Address: c/o Michael D.Ford,Esquire, P. O.Box 665,W.Harwich,MA.02671 (508)430-1900 Property Location: 67 Pilots Way,Barnstable This is a request for: []Enforcement Action [X]Appeal of Administrative Officials Decision []Repetitive Petitions []Appeal from the Zoning Administrator []Other General Powers -please specify: Property Owner: William H. Lewis,III. Address of Owner: c/o Michael D. Ford, Esq. If petitioner differs from owner,state nature of interest: Assessor's Map/Parcel Number: Map 217,Parcel 24 Zoning District: RF Groundwater Overlay District: AP Which Section(s) of the Zoning Ordinance and/or of MGL Chapter 40A are you appealing to the Zoning Board of Appeals? 5-3/2(1)(Appeal from Administrative Official)and Massachusetts General Laws Chapter 40A, Sections 7,8 and 15. Existing Level of Development of the Property-Number of Buildings: None Present Use(s): N/A, Gross Floor Area: N/A sq. ft. Nature &Description of Request: The Petitioners appeal the decision of the Building Inspector that the lot does not have . frontage The lot is currently accessed by an historical access road from Pilots Way,Crossing the land of an abutter,and over the Penn Central Railroad at a sanctioned crossing. Petitioner seeks the Board of Appeals review of that decision and requests that the Board overturn it, finding that the access road provides frontage within the meaning of the by-law for a single family home on the premises. Is the property located in an Historic District? Yes [X]No [] Is the property a Designated Landmark? Yes [ ] No [X] For Historic Department Use Only: Not Applicable [ ] OKH Plan Review Number Date Approved Signature: Have you applied for a building permit? Yes [ ]No [X] Has the Building Inspector refused a permit? Yes [X]No [ ] (See letter of Building Inspector dated: ) Has the property been before Site Plan Review? Yes []No [X] This is an appeal of the Building Inspector's decision of frontage determination and as a result categorically exempt under Section 4-7.3(2) of the Barnstable Ordinance. For Building Department Use only: Not Required- [] Site Plan Review Number Date Approved Signature: The following information must be submitted with the Petition at the time of filing, without such information the Board of Appeals may deny your request: Three (3) copies of the completed Application Form, each with original signatures. Three (3) copies of a all attachments as may be required for standing before the Board and for clear understanding of your appeal. The.Petitioner may submit any additional supporting documents to assist the Board in making its determination. . w Signature: Date: 8/29/02 Petitioner or Agent's Si tyre Agent's Address: P.O. Box 665, W. Harwich,MA. 02671 Phone: (508)430-1900 TOWN OF BARNSTABLE Zoning Board of Appeals Application to Petition for a Variance Date Received For Office Use only: Town Clerk Office Appeal# Hearing Date Decision due The undersigned hereby appeal to the Zoning Board of Appeals for a variance from the zoning ordinance, in the manner and for the reasons hereinafter set forth: Petitioner's Name: William H.Lewis, III. and Thomas Reilly Petitioner's Address: c/o Michael D.Ford, Esquire. P. O.Box 665,.W. Harwich,MA.02671 (508) 430-1900 Property Location: '67 Pilots Way,Barnstable Property Owner: _William H.Lewis,III. Address of Owner: c/o Michael D.Ford,Esq. If petitioner differs from owner,state nature.of interest: Number of Years Owned: 9+years Assessor's Map/Parcel Number: Map 217, Parcel 24 Zoning District: RF Groundwater Overlay District: AP Variance Requested: A variance is requested from the dimensional requirements of the Zoning Ordinance. Cite Section&Title of the Zoning Ordinance Description of Variance Requested:Variance is requested from the frontage requirements of the Zoning Ordinance. Description of the Reason and/or Need for the Variance: The property consists of approximate 4.6 acres,more or less,vacant land,located to the north of the Penn Central Rail Road layout off of Pilots Way in the Village of Barnstable. The property has historically been accessed from Pilots Way across an abutting property and over a sanctioned Railroad crossing This historical access road has been determined by the Building Commissioner as not sufficient so as to qualify for frontage for building purposes. As a result,this variance application from the frontage provisions of Application to Petition for Variance cont'd the Ordinance has been sought. Alternatively,the petitioners are also filing an appeal of the decision of the Building Inspector in which they take the position that the historical access road does qualify for frontage under the Zoning By-law. Description of Construction Activity(if applicable) Use of lot for construction of single-family home. Existing Level of Development of the Property-Number of Buildings: . None Present Use(s): N/A, Gross Floor Area: N/A sq. ft. Proposed Gross Floor Area to be Added: N/A Altered: Is this property subject to any other relief(Variance or Special Permit) from the.Zoning Board of Appeals? Yes[X] No [ ] If Yes,please list appeal numbers or applicant's name: Same Is the property located in an Historic District? Yes [X] No [] Is the property a Designated Landmark? Yes [] No [X] For Historic Department Use Only Not Applicable [] OKH Plan Review Number Date Approved Signature: Have you applied for a building permit? Yes [ ] No [X] Has the Building Inspector refused a permit? Yes [X]No [ ] All applications for a variance which proposes a change in use, new.construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved Site Plan (see Section 4-7.3 of the Zoning Ordinance). That process should be completed prior to submitting this application to the Zoning Board of Appeals. For Building Department Use only: Not Required- [ ] Site Plan Review Number Date Approved Signature: ,1 The following information must be submitted with the Petition at the time of filing, without such information the Board of Appeals may deny your request: Three (3) copies of the completed Application Form, each with original signatures.. . Five(5)copies of a certified property survey(plot plan)showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. All proposed development activities, except single and two-family housing developments, will require five(5) copies of a proposed site improvement plan approved by the Site Plan Review Committee. This plan must show the exact location of all proposed improvements and alterations on the land and to structures. See "Contents of Site Plan:" Section 4-7.5 of the Zoning Ordinance,for detail requirements. The Petitioner may submit any additional supporting documents to assist the Board in making its determination. Signature: Date: 8-29-02 Petitioner or Agent's ature Agent's Address: P.O. Box 665, W. Harwich,MA. 02671 Phone: (508)430-1900 p r :v — 21 AL JL 4 x o _ 1 i _L_J Aff / k/ISO 4 d+dl- too\\\ 24sd900 / � 59 \\ {p I I MV 2337�• i 11 rI 6a3 `�� I AW 1I . �i 55—800 s 63 1 MAP2U 20—W00 _I \\ \ A@ -------------------- IN � \\ xarm 11 5—W0 MAP 217 PARCEL 024 „ SCALE: 1"=200' W -111, E 300' ABUTTERS S *NOTE: Planimetrics,topography,and **NOTE: The parcel lines are only graphic representations DATA SOURCES: Planimetrics(man-made features)were interpreted from 1995 aerial photographs by The James vegetation were mapped to meet National of property boundaries. They are not true locations,and W.Sewall Company. Topography and vegetation were interpreted from 1989 aerial photographs by GEOD Map Accuracy Standards at a scale of do not represent actual relationships to physical objects Corporation. Planimetrics,topography,and vegetation were mopped to meet National Map Accuracy Standards 1"=100'. on the map. at a scale of I"=100'. Parcel lines were t digitized from 2000 Town of Barns table sable Assessor's tax maps. i . i rJ F-oc ea�� J syr rAa TbWF.A OF T3 A2.1J 3TA6LE I I I of - WEST 1SP¢4STAPyLE P.¢6 Dl(b�r¢IGT � '� . ' TIQ.¢'G,>R�cT 104,800�49 M•TY {Q J 189,4S0 r.TO tGv�?L uri 4 � � C4.7 P s F HALL L • � "� u W Fo ul r d + a R Q� , w 8 C nl7 1< L.SI�.�G• 1�•,�I�bu������ Gv�7 - i I WF?X.M'( 'T+e.T TUE L.U�S S��JV Gkl ' TL�S p .�..4L6 r,1E L+ucS 7'v�.u(e E•n.STiuC_ 7T��Zt IST�'M,�SS. C.�..IGLSN'7"' �K�D Tuc L�uES OC T�I6 ST'iEE-S T'r", WI..KS SI-10WL14ZE T.-Itxri�O�.,..�u�cat 9Uv4TT ��bZET� F=dZ: b-.a Tl-Iti,—uc u=,",uuES ca-�a..n5,cu cr-.�usT•.�ca OY.IUEL..S.t.a•S�1C.f•'oL you S2EErS c L_. z,AZG SNAUu MAZSOZ1c W AU't:ly ohr+ or c�wn, wlaz�ozlE e. . wy�lv'C ��!�t9S5 MA.J 5�266r' �' MAY I, 194y w6sT aU II �� ... ro.r.• ill''L.E B'I I d'LUE u �.�e-tom�---Z.t_.S. L-- I 1MfICIIAEL D. FORD,ESQUIRE tea+ ATTORNEY AT LAW 72 MAIN STREET,P.O.13OX 665 ',NEST HA RWICH,MA 02671 PHONE(508)430-1400 FAX(508)430-8662 EMAIL: mdesqCycapecod.net DATE: October 7,2002 TELEC'Orb MUNICATIONINFOJUJATI02VSHEET PLEASE DELIVER THE FOLLOWING PAGE(S)TO: Torn e .B '.ldin C rnissi er _Recipient's Name Company Telephone Number 508-7 -6230 Telefax Number THIS MATERIAL IS FROM: Michael D. ford-Esquire _ Sender's Name 508 4 0-1900 Telephone Number 08 430-8662 Telel'ax Number TOTAL PAGES_ I (NOT INCLUDING COVER), IF YOU DO NOT DECEIVE ALL THE PAGES'S PLEASE CALL SENDER'S TELEPHONE NUMBER AS SOON AS POSSIBLE. REMARKS: THIS T'R4NBbiTr^I,htA.YCO1rYA:n:v.ORMATION TtIA?'iS pRIvILEOFD AND CON �KTIGROF CONFIDrNTIA;.tTY< T!SANSMITTAL IENOT'THI MENDED RECINSNT M.THE EMPLOYfe OA THe AOENTRESPONlA PND IPOA DELIVERJNGS INTMOM 'TO THIS IIMTEN EDa G FOR TkIs U58 OF THE IIFSNIT,'1'OU UAk ARE M.ftM0Y NOTIFIPD TI:/1T ANY DG3SEM N ENTITY NAMM.,-,90VE p T10Ng DISTAIBUTJONOR.00PYINOOPTNISCDMMUNICATION'$$TRICTLYPRORIEITpo IF YOU HAVE AECSIVE0 T49 OOMMUNICwTION IN ERROR PLfA58 ttOTIYY UE1MMfOTIFIED By TELEFN01ae AMANCIF POY 1101 UCFIPNE ANO AO�'ICE. 4' MICHAEL D. FORD, ESQUIRE. ATTORNEY AT LAW 72 MAIN STREET,P. 0. 13OX 665 WEST HARWICH,MA., 02671 TEL. (508)430-1900 FAX(508)430-8662 EMAIL: mdfesq@capecod.net Via fax: 508-790-6230 Tom Perry,Building Commissioner October^,,2002 200 Main Street Hyannis,MA 02601 Re: 67 Pilot's Way Lewis/Reilly Appeal.2002-114 Dear Mr.Perry: I received a copy of the staff report with respect to the above referenced matter, which Staff report suggests that my appeal of the decision of the Building Commissioner should be denied because there is no written.decision from the Building Commissioner. When last you and I spore you indicated that you would file your written opinion with the Planning Department with a copy to this file. The hearing on this matter is this Wednesday and I would appreciate it if you could file your opinion as it is my understanding that you have determined that the lot does not have frontage within the meaning of the By-law. Very tNly yours, .r. Michael D. Ford MDF/mbf CC" Art Traczyk i oF� T Town of Barnstable r • Regulatory Services as MASS. E Th om as V. Ge it er,D it ect or v^ 1639. M `0$ iOTEc- -& Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.nia.us Office: 508-862-4038 Fax: 508-790-6230 January 5,2006 Mr.Gordon Starr 85 Pilot's Way West Barnstable,MA 02668 Dear Mr.Starr, In your letter of December 28,2005 you express your concerns regarding the court decision to improve Pilot's Way. According to the Zoning Board of Appeals' decision regarding this same matter,item 10 states in pant that "all other improvements shall be completed prior to the issuance of an occupancy permit for the dwelling." Presently,it is premature to enforce either the court or the ZBA decision. Sincerely, fta Paul Roma Local Inspector r <cw..r tJ..'J 1JU0f 7VGL?✓J _':UILULNki Fpt7C r72 C � , A 4 . Application to In the Town of lSarnstaable CERTIFICATt OF APPROPRIATENESS Acation is hereby made,with four complete seta,for the Issuance of s Certificate of Appropriatehass under Section f Chapter 470, Acts and Resolves of Massachusetts, Ion. for proposed work as described below and on plans, wings,or photographs accompanying this application for IECK OA`!°llit' ORIMS THAT APPLY: Exterior building construction: New ® Addition 13 Alteration Indicate typerof bulll&g: FiouQe Garage Commercial Other Exterior Painting: Signs or Billboards: 13 New Sign ❑ Existing Sign CJ Renting Existing Sign Structure: I1 Fence Wall ® Flagpole L.J tither (pit OR PRINT L)EGIOILY: DATE )DRESS OF PROPOSED WORK 6 'r iL01 t� '�:�1 1:���iJW Oi :A-SESSOR'S MAP NO. � AINER a ��� �+`��`� --- ASSESSOR'S L0 NO. 0Ml_ADDRESS�, 9 Ab1 1 -- -� �fELECHONE NO. ,ALL NAMES AND ADDRESSES OF A®UTTING OWNERS, including those of adjacent property owners.across any ibllc street orway. (Attach additional sheet if necessary,) � SUS CENT OR CONTRACTOR TELEPHONE NO. DDRESS )ESCRIPTION OF PROPOSED WORK: Give particulars of work tp be dome, Including materials to be used. Please icluds locations of proposed signs. Signed _�-�Owrrgr-Contractor-Agent tor Committee Use Only / This Certificate is hereby x/Fn Bata 6 D E E V t5 A ro ni it Ma=.tuber$`Signatures: S E P 0 7 2005 TOWN OF BARNSTABLE I HISTORIC PRESERVATION 150997906230 BUIL;J1hJG c PAGE 03 Tons ofBlrmslable Old King's Highway Historic m9trict Committee SPEC SIMET >IBINS, TYPE a COLOR ' : il'Ict f— J -Minim TYpEo ROOF MATBRIA]C, Ied l__"/ COLOR / ,I PITCH i• Ld'j,.n GPI-S sr Ci �I� �'� COLOR �i BIDiu., TRIM COLOR DOORS !(/(J� COLORS �jJ] dG' SM10"A 'ERS COLORS CQLQRS rmas c- oA. DOORSIll U IC��t COZORfl � (iL. SKYLIGHTS � SIZE ��/%�" _COLORSSIGNS COLORS Al Fp o - y/s°otio �loo 1WCL j COTaOR 1�1 'Q/�+ , ,S FSF9�gBl NOTES e 8t11 out cmrO+lataly, 3tsaln<:Lns �naasarmmsata aD$ atia,tsriala/ovleam to be Used. 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DH 10.51 I 1 ' . I 11.88 ACRES PII m o c II of I I yl I I I.I. II - 0r iI CMARLES P. KIMBALL BK.705 PG.345 a 1 N N I Z1 ' 1 -, A.PAULINE JARVI BK.1237 PG.546 I ~•�'�• II WI 3 1°v N 1 NAROLD F. GEORGE T MI I m M I BK.951 PG.387 °1 � Z1 1 ut 3 � I� N N�IfIU O o z1 y �lal I 1 V 1 11'. DN - r I I O I I 3 I I i N I I W I ® N c Z I I N I I a T=40.00 I R=3B.92 I A GZ.20' 1 I 1 MHB_ 117.59 MHB 80.02\ 1 150.00 ,50.29 N86°4930"W 134.99 MHB "SB7°04�50"W 130.31 . 402.58 j4214 MHB -'S81°I605�W 6A 1910 LO. VARIABLE WIDTH . STATE HIGHWAY ROUTE SUBDIVISION PLAN OF LAND IN BARNSTABLE , MASS. FOR CHARLES F. CROCKER,JR. MARCH 23, 1973 SCALE I"=60' EDWARD E, KELLEY REG. LAND SURVEYOR ' DATE APPROVED HAy,,7,/Y73._. CUA1'MAQUID,MASS. DATE SIGNED.f NC 4f97'3 H,owarQ.W.SearS CLERK OF THE TOWN OF I,.. ..... _ BARNSTABLE HEREBY CERTIFY THAT THE NOTICE OF _ OFFICE AOF THIS PLAN BY THE BARNSTABLE PLANNING , •.ti'C= �'- BOARD HAS BEEN RECEIVED AND RECORDED AT THIS Q_ OFFICE NO NO NOTICE OF APPEAL WAS RECEIVED ' - � c": OUR THE TWENTY GAYS NEXT AFTER SUCH RECEIPT BARNSTABLE PLANNING BOARD=' ' ��-." AND REGORGING OF SA ID OTICE. d 1, _ pN 'T. ..� � DATE.>�:;�d....:.�.. I CERTIFY THAT THIS PLAN WAS MADE IN - f - BAPNSTABLE TOWN CLEflK ACCORDANCE WITH THE BARNSTABLE PLANNING BOARD INSTRUCTIONS AND THAT THE PERMANENT POINTS SHOWN ON THE PLAT ARE IN EXISTENCE ON THEOROUND. � MARCH 23, 1973 REG.LAND SURVEYOR N bA �RwI( Li P. C LOCUS~SKETCH SCALE 1`2000 W ` ZONE RE MINIMUM FRONTAGE-160 FT. 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IT o 0 N 0II_lifl N m 0I>Im O 01¢I 0 Z 0.1 m 1 11 DH rIl 14 3 O I V o �, ' I N O \ 2 1 I I I N I I W I ® a I I N z I I N 1 I O Tv 40.00 I I m Rc 38.92 11 Ac 62.20, I IT 150.00 50.29 80.02\ / 117.59 150.00 134.99 1 MIND 142.74 S87°04'S0'�W 130.31 Mile N86°g9'30"W 402.56 --g81°Ifi 05�W 1910 L0. VARIABLE WIDTH STATE HIGHWAY ROUTE 6A SUBDIVISION PLAN OF LAND IN BARNSTABLE , MASS. FOR CHARLES F. CROCKER,JR. MARCH 23, 1973 SCALE I"=60' EDWARD E. KELLEY REG. LAND SURVEYOR DATE APPROVED M.4y,7/9T3... CUirMAOUID,MASS. DATE SIGNED I HOweTd W.SB2Tc_,. CLERK OF THE TOWN OF BARNSTABLE HEREBY CERTIFY THAT THE NOTICE OF /���;, APPROVAL OF THIS PLAN BY THE BARNSTABLE PLANNING BOARD HAS BEEN RECEIVED AND RECORDED AT THIS K _ OFFICE AND NO NOTICE OF APPEAL WAS RECEIVED DURING THE TWENTY DAYS NEXT AFTER SUCH RECEIPT • \ '" AND RECORDING OF SAID OTICE. BARNSTABLE PLANNING BOARD DATE.7�s -�-;,. •t BARNSTABLE TOWN CLERK I CERTIFY THAT THIS PLAN WAS MADE IN _- - ACCORDANCE WITH THE BARNSTABLE PLANNING BOARD INSTRUCTIONS AND THAT THE PERMANENT POINTS SHOWN ON THE PLAT ARE IN EXISTENCE ON THEGROUND. �` MARCH 23, 1973 REG.LAND SURVEYOR 12 a RI19 � I' r r r we eu�.e.zv uee- '. 4`+561*++OtF M49 Z—,tvr U� PJ TbwU OF I 6AIGU 9TA�LE I aasc/z,i � it i Z SIL.L.T M[aizSH Z_ y I N w $ r ¢u4�'A ffl�6. Tnn D�•m itT- ��:S 6$<16a.P Sa,9oo aq.�.�2. �s9,rau•t1.ji.-ro q�.uc �.' ---.AZ.Z•1.4U71 - 1✓. L�.�.Zr , si,ow:.y.�Y 3 v —L1PLAt�1D — 7 1 . .. _ F.'. 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Yua.iu��t� AT� ��•-'=.�Y..L.S. i rj 1 1 / 1 1 �+'' r� ` ► h, �` :q g �\ ;� �' s�.rim / '/�I',�f'� /only p �� 'r V 1 ��_ �%•''�.' •+�•r �� � a L` y ' J .A,„• c•�i I• it► � ��1. ���i � .��rl•/i •� , ���� •. �_, mar 1 �1 „ /` �' � roc— �� � � �\ � �^ter • �� � ,', �I ____��.�- may.- �fl� ��7✓1 ��.`��' .� '-'" ". .1'' 1 1 �'�� 1 ����� e.�rrrr `S�IQ, gyp• � �� -- • ii i a `a, �. �� '� .,�; 1 s• i��` it 4 ';. _�as �i`• ►! "- �•? ��:`. ` � '1 Op IS 1 f�f ►,V� Y ���, ' , _.I ♦.�� � � , 1� � \`` ter► ._ 1 �\� �. �� � / �� ;, ► a �y,L, �" �'•� 1' �� �1�� '-r• ES�EP 1 G hTOwNO ?oOs l jl T, �STOR�C f BgRNsT FH FH1 mm H PH .... ............. - --------- T If T T I I RIGHT ELEVATION SCALE: I/1'�I'-0' E3 ............ ................. Effil MIN BACK ELEVATION SCALE: 1/4'=1'-0' THE USE OF THESE PLANS FOR CONSTRUCTION OR ANY OTHER PURPOSE WITHOUT THESE CONSTRUCTION DOCUMENTS ARE PROVIDED WRITTEN PERMISSION FROM CONNOR BUILDING Co.15 PROHIBITED. DO NOT AS INSTRUMENTS OF SERVICE AND ALL DESIGN SCALE THESE DRAWINGS,THEY MAY NOT BE TO EXACT SCALE. USE ONLY THE DESIGN SET INFORMATION SHOWN HEREON IS PROVIDED IN CONFIDENCE AND REMAINS THE SOLE PROPERTY OF ELEVATIONS DIMENSIONS SHOWN. OWNER AND CONTRACTORS SHALL CONSULT APPLICABLENO. RENSIDN DATE C BUILDING CODES TO INSURE THAT PLANS AND DETAILS CONFORM TO ALL CONNOR BUILDING COMPANY. THE USE OF THIS REOUIREMENTS. THEY SHALL VERIFY ALL DIMENSIONS BEFORE PROCEEDING WITH DESIGN AND ALL INFORMATION PROVIDED ON THESE BUILDING CO. CONSTRUCTION WORK AND SHALL NOTIFY CONNOR BUILDING Co.OF ANY DOCUMENTS FOR ANY PURPOSE OTHER THAN THE DISCREPANCIES BEFORE WORK IS PERFORMED. CONNOR BUILDING Co.SHALL NOT SPECIFIC PROJECT NAMED HEREON IS STRICTLY BE RESPONSIBLE FOR ANY ADDITIONAL COST OR STRUCTURAL PROBLEMS PROHIBITED WITHOUT THE EXPRESSED WRITTEN RESULTING FROM THE FAILURE TO FOLLOW THESE PLANS AND DETAILS. CONSENT OF CONNOR BUILDING COMPANY. Reilly Residence Connor Suddmg Co. enenoos i SEP 2 6 1005 ® HTOWN LL� ISTORIC ARE3ESVp�d } E L h L S FIN ------ FRONT ELEVATION SCALE: I/4=I'-O' El ........... I. .. I. .. .. ©0 0® LEFT ELEVATION SCALE: 1/4=I'-O' THE USE OF THESE PLANS FOR CONSTRUCTION OR ANY OTHER PURPOSE WITHOUT THESE CONSTRUCTION DOCUMENTS ARE PROVIDED ELEVATIONS WRITTEN PERMISSION FROM CONNOR BUILDING Co.IS PROHIBITED. DO NOT AS INSTRUMENTS OF SERVICE AND ALL DESIGN 1 SCALE THESE DRAWINGS.THEY MAY NOT BE TO EXACT SCALE. USE ONLY THE DESIGN SET INFORMATION SHOWN HEREON IS PROVIDED IN DIMENSIONS SHOWN. OWNER AND CONTRACTORS SHALL CONSULT APPLICABLE 0, RBASIDN DATE CONFIDENCE AND REMAINS THE SOLE PROPERTY OF BUILDING CODES TO INSURE THAT PLANS AND DETAILS CONFORM TO ALL CONNOR BUILDING COMPANY. THE USE OF THIS REQUIREMENTS. THEY SHALL VERIFY ALL DIMENSIONS BEFORE PROCEEDING WITH DESIGN AND ALL INFORMATION PROVIDED ON THESE BUILDING CO. CONSTRUCTION WORK AND SHALL NOTIFY CONNOR BUILDING Co.OF ANY DOCUMENTS FOR ANY PURPOSE OTHER THAN THE DISCREPANCIES BEFORE WORK IS PERFORMED, CONNOR BUILDING Co.SHALL NOT SPECIFIC PROJECT NAMED HEREON 15 STRICTLY BE RESPONSIBLE FOR ANY ADDITIONAL COST OR STRUCTURAL PROBLEMS PROHIBITED WITHOUT THE EXPRESSED WRITTEN RESULTING FROM THE FAILURE TO FOLLOW THESE PLANS AND DETAILS. CONSENT OF CONNOR BUILDING COMPANY. Reilly Residence Connor Buddin Co. B/231200S 1 .r , ICpRFRNSTgB II I I k �r PEE RIM Js ME, sm RIGHT ELEVATION scat yr=r-o• ............ Y: 11111111111111111111111,11 ............ ............................ -------------- , . .. .......... BACK ELEVATION THE USE OF THESE PLANS FOR CONSTRUCTION OR ANY OTHER PURPOSE WITHOUT. THESE CONSTRUCTION DOCUMENTS ARE PROVIDED ELEVATIONS WRITTEN PERMISSION FROM CONNOR BUILDING Co.15 PROHIBITED. DO NOT AS INSTRUMENTS OF SERVICE AND ALL DESIGN SCALE THESE DRAWINGS,THEY MAY NOT BE TO EXACT SCALE. USE ONLY THE DESIGN SET INFORMATION SHOWN HEREON 15 PROVIDED IN DIMENSIONS SHOWN. OWNER AND CONTRACTORS SHALL CONSULT APPLICABLE NO. RE9SIDN '' DATE CONFIDENCE AND REMAINS THE SOLE PROPERTY OF BUILDING CODES TO INSURE THAT PLANS AND DETAILS CONFORM TO ALL CONNOR BUILDING COMPANY. THE USE OF THIS REQUIREMENTS. THEY SHALL VERIFY ALL DIMENSIONS BEFORE PROCEEDING WITH DESIGN AND ALL INFORMATION PROVIDED ON THESE BUILDING CO. CONSTRUCTION WORK AND SHALL NOTIFY CONNOR BUILDING Co.OF ANY DOCUMENTS FOR ANY PURPOSE OTHER THAN THE DISCREPANCIES BEFORE WORK 15 PERFORMED. CONNOR BUILDING Co.SHALL NOT SPECIFIC PROJECT NAMED HEREON 15 STRICTLY BE RESPONSIBLE FOR ANY ADDITIONAL COST OR STRUCTURAL PROBLEMS PROHIBITED WITHOUT THE EXPRESSED WRITTEN RESULTING FROM THE FAILURE TO FOLLOW THESE PLANS AND DETAILS. CONSENT OF CONNOR BUILDING COMPANY. Reilly Residence Connor Budding Co. e/wcoos I w Pj fF= NSCity wN� l TAR/��B�NS } FRONT ELEVATION SCALE: 1/4'=1'-0' .. .. Y,''00,00,00,'', y y III lyhy III I j II . I . ........ ....... \ - .. .. .. .. I. R : 1 LEFT ELEVATION SCALE: II-I.-0. .. f C\, T A C THE USE OF THESE PLANS FOR CONSTRUCTION OR ANY OTHER PURPOSE WITHOUT THESE.CONSTRUCTION DOCUMENTS ARE PROVIDED :. : .. :. _ - ELEVATIONS I IONS WRITTEN PERMISSION FROM CONNOR BUILDING Co.I5 PROHIBITED. DO NOT AS INSTRUMENTS OF SERVICE AND ALL DESIGN SCALE THESE DRAWINGS.THEY MAY NOT BE TO EXACT SCALE USE ONLY THE DESIGN SET INFORMATION SHOWN HEREON 15 PROVIDED IN DIMENSIONS SHOWN, OWNER AND CONTRACTORS SHALL CONSULT APPLICABLE ea: aeHsloe DATE CONFIDENCE AND REMAINS THE SOLE PROPERTY OF BUILDING CODES TO INSURE THAT PLANS AND DETAILS CONFORM TO ALL CONNOR BUILDING COMPANY.. THE USE OF THIS TT TAT REQUIREMENTS. THEY SHALL VERIFY ALL DIMENSIONS BEFORE PROCEEDING WITH DESIGN AND ALL INFORMATION PROVIDED ON THESE BUILDING CO. CONSTRUCTION WORK AND SHALL NOTIFY CONNOR BUILDING Co.OF ANY DOCUMENTS FOR ANY PURPOSE OTHER THAN THE DISCREPANCIES BEFORE WORK 15 PERFORMED. CONNOR BUILDING Co.SHALL NOT SPECIFIC PROJCT E NAMED HEREON 15 57RICTLY BE RESPONSIBLE FOR ANY ADDITIONAL C057 OR STRUCTURAL PROBLEMS PROHIBITED WITHOUT THE EXPRESSED WRITTEN RESULTING FROM THE FAILURE TO FOLLOW THESE PLANS AND DETAILS. CONSENT OF CONNOR BUILDING COMPANY. Reilly Residence Connor Budding Co. .. - B/Yi/2005 L i 241-0T' 2'- O" (2'-O" c� , CUPOLA I ARCHITECT ASPHALT SHINGLES. 5 / : 12 12 VENT 12 r . RAKE . , . IX3 / IX8 BOARDS II II i- ......... P.T. WOOD DECK/RAILINGS X8 FASCIA BOARD STAIRS TO GRADE W/ ALUM GUTTER 12 XG FREEZE BOARD -—___=_- 7 F — . I WHITE CEDARH 5 NGLES W/ 5 MAX. EXPOSURE WRAPPED AT CORNS S R I -FT I X4 WINDOW TRIM 32'-01 8' O" 24'-0" 321-0" FRONT ELEVATION SCALE 1/4" = 1 '-0' RIGHT SIDE ELEVATION SCALE 1/4" = 1 '-0' ARCHITECT ASPHALT SHINGLES X3 / I X8 RAKE Lr BOARDS 12 5 / . 12 VENT X8 f=ASCIA BOARD I2 W/ ALUM GUTTER - - I XG FREEZE BOARD II � WHITE CEDAR SHINGLES � W/ 5" MAX. EXPOSURE 12 WRAPPED AT CORNERS 7 X4 WINDOW TRIM X4 DOOR TRIM FIN. h I �I+ GRADE --iLr4 di RIELLY RESIDENCE G7 PILOTS WAY,WEST BARNSTABLE.MA. 24'-0° 8, O„ SCALE AS NOTED APPROVED DRAWN BY D.O. 32'-0" 32'_O[l DATE JUNE 3, 2005 REVISED OL50N DESIGN ASSOCIATES HOWARD WOOLLARD-BUILDER 28 BARN5TA13LE RD—HYANNI5, MA.02 REAR ELEVATION LEFT SIDE ELEVATION 508-775-4300 ol5onde51 n@venzon DRAWING NUMBER SCALE 1/4" I '-0' SCALE 1/4" = 1 -0' PROPOSED ELEVATIONS I I I iI I I