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HomeMy WebLinkAbout0089 SALTEN POINT ROAD 4 'sr iI UPC 12434 0 a l; No. 2-153LLV 'p NS 0.57 c °�� HASTINGS, MN l TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION i 3 y . 7 Map Pra 0 Parcel 0 I 4,0 Permit# 13b( I lettll -Division 1702 Date Issued // 13I 9-000 Conservation Division Fee e7C,2 0 �, Tax Collector .• MC0 //I 3/`/ 00o P TreasurerC )j _ - VLOA. ii(V)-C.. I i )j Z, ) Planning Dept. Date Definitive PI.. !. • -. b Planning Board /;oo► Historic-OK ' �i .e: Pre e ation/Hyannis _ � t Project Street Address gam] SAc.3 Po 1 aAO , 4 ' i�}'e Village Owner 64 2AA/% If 1JAteis oU Address 2 20 C FA./Pit /erg Telephone 4//0 82/ J-DS"` /34L 77/tiolee ei R/2/2_ Permit Request nq �i 4v 5r (u,� �Cv/ r e e g �fr- �i�J �/� ) ,1 00Q /PA r ,iO4c O Tie all sow 7W OA 41 d 006 ci o r /.3/. c Square feet: 1st floor: existing proposed 2nd floor:existing proposed Total new ®0 Estimated Project Cos o7 1 CO' Zoning District Flood Plain Groundwater Overlay Construction Type F1A" Lot Size ® ®,' /1-c , Grandfathered: [ 14 ❑No If yes, attach supporting documentation. Dwelling Type: Single Family V Two Family ❑ Multi-Family(#units) � Age of Existing Structure SS 3 Historic House: ❑Yes it o On Old King's Highway: des ❑No Basement Type: ❑Full elawl ❑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 2.- new Total Room Count(not including baths):existing " new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric OLD ther Central Air: 0 Yes - ®'No Fireplaces: Existing ® New Existing wood/coal stove: ❑Yes No ' Detached garage:0 existing ❑new size Pool: ❑existing ❑new size Barn:❑existing 0 new size Attached garage:O existing ❑new size Shed:❑existing 0 new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes No If yes, site plan review# Current Use S° Gi MA fA fi#.vc c Proposed Use S4 6 BUILDER INFORMATION Name P4' / /400`' //o e w Telephone Number SC, • 3 S - 8� ez_ Address / `) £ 4 c / License# Q 6 D 9� 4/, ',5 h.9 Home Improvement Contractor # 3) ) 2-Z Worker's Compensation# W C Si j _G e ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO > 4I?1M act/y RA,0$,e4 Sj4i/o SIGNATURE DATE /3 `I,wb ;. , • FOR OFFICIAL USE ONLY i I. , I. PERMIT NO • _- :. DATE ISSUED �- "s y , MAP/PARCEL NO. i. ' I 1. _r j . _.. • s1 , ..' - - ADDRESS , ) - VILLAGE - ` OWNER, �i 4 4 , DATE OF INSPECTN: l i 9 4 - FOUNDATION ` • i ._ - , f FRAME . / . , -, - $ 1 INSULATION r , , r . FIREPLACE / W E _ : • `, ELECTRICAL: ROUGH - FINAL - "' r PLUMBING: ROUGH FINAL . tt GAS: ROUGH FINAL Im. - `- *k FINAL BUILDING, - t. Ji >° F DATE CLOSED OUT - ASSOCIATION PLAN NO. - 1 • .t • IF • • - 11 V ..ILV •• ill .A. i/M�a aa.• �•�...-am.. • :BAD' Department of Health Safety and Environmental Services Ea¢ ''�� Building Division 367 Main Street,Hyannis MA 02601 . Office: 508-862-4038 (Ralph Crossen Fax: 508-790-6230 Building Commissioner Permit no. Date e( / 3 oe AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW . SUPPLEMENT TO PERMIT APPLICATION 1 • MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: 3 r cOE f AL c 1?PAl ea/4 Estimated Cost g / err) Address of Work: g 9 .�/94. i t"—.�c/ /6 a//1 t 4'4./ s%A s h 4 Owner's Name: X A, /fir f A ( C6/, c, S a Date of Application: e / /3 C7f.) I hereby certify that: • Registration is not required for the following reason(s): Work excluded by law QJob Under S1,000 ,Building not owner-occupied DOwner 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 a agent of the owner 13 -Sh� i6 ye - --'�� VAR�Ivr,17.1 1 uotto rnz io J 01 `1 Z2. Date • Contractor Name Registration No. OR Date Owner's Name q:forms:Affidav Assessor's Office(1st floor) Map © Lot O/ Permit# 3 bV 7 1 t r r� e ` -- Date Issued .,�Conservation Office(4th floor) z- �/�. � _-� — B 3rd floor)0 4;(0� 3 Engineering Dept. (3rd floor) House# FIS �Y°R Planning Dept. (1st floor/School Admin. Bldg.): ' '`siF'411,41,;:I A SEWER `` Definitive Plan Approved by Planning Board 19 CO '', ` ", FROIIs THE •` . ENG i D+IC:;,t L!1 7:+ON PRIOR TO (Applicat. essed 8:30-9:30 a.m.& 1:00-2:00 p.m.) CONSTRUCT ON ( - C:k TOWN OF BARNSTABLE _--:, Building Permit Application \14.oject Str : Address 8 1 S' u , (-Ed,. 1 ' . . 1 ` Village 30, 1r~ s- Fire District `ackt ) 1 U Owner Mt i.m 04 \2 J `FAUN-. (3 e+-ner s ) Address 101 )T GEDCZeGe. Telephone 3-7 621 r m,r+ .rcotam., rf\A tall) t Permit Request: t-N' ‘-i-- NF+► Plot �-pv,.1aAni:h i I R g>g.avn� .1— s-1y J 1-O�TD-( C -� I >J( eX-?1 D1,�, ,,,o �- 14C ) - Zo urt. A5 Ca_ 12,0) Zoning District Flood Plain Water Protection Lot Size 30 4 1113 Grandfathered V t=s Zoning Board of Appeals Authorization Recorded Current Use L F IN I L1 ReD-,a-04-c.6. Proposed Use --S t-- 1 c it Construction Type ,51 I. 000 c-(t ,rc. / Existing Information - Dwelling Type: Single Family V Two family Multi-family 'Age of structure 4.S14) > L/7 viz) Basement type Historic House Finished / Old King's Highway Unfinished V CTZGe Number of Baths 1 No. of Bedrooms 2— Total Room Count(not including baths) s First Floor 3 + i<'� $ 3.0ro- Heat Type and Fuel Na'r iE Central Air ►,J-6 Fireplaces K1 0 Garage: Detached 1Jtr►.t Other Detached Structures: Pool Attached Barn - None Sheds 1 t i.71-1.tc Other Builder Information ' .--rn,I Q . 08 .3` 5-8682..-- Name � - VARrJvm ri�t[�ttad ice-- Telephone number Address 10'7 3�ac�, License# O06 023 . 0.ri , 6?4:RE Home Improvement Contractor# 101422— Worker's Compensation # / =A vr NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN (AS BUILT) SHOWING EXISTING, AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO NkirLINA itv, L 1A — Project Cost it 6—)UVU --7,-,. n Fee I :,._ __4I; SIGNATURE ��"''" DATE J I 16ri21L )155— c,Q0/, 50 BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) 1 , , BPERM T 1 i FOR OFFICE USE ONLY ,....1 4 _.5 3 t___ - --„. • f�f 4 • ADDRESS / VILLAGE i- '{f• ' a OWNER •� ' DATE OF INSPECTION: y `�� - FOUNDATION - FRAME M1 - ` I + INSULATION - • FIREPLACE ,-! ' 2 ' ELECTRICAL: ROUGH FINAL I _ . r PLUMBING: ROUGH - FINAL s -- - _ = , i GAS: ROUGH FINAL-- -• _ - _ Fi FINAL BUILDING: �� _ / w 1 , , '7 I I .. 11' 1/2- / — _,...__-_ DATE CLOSED OUT:= 11= i ` • ASSOCIATE PLAN NO -_ f z. ¢ ix tr. . _ - i • -•e F { ;. t: < _ a t ). • `•1J ,' tee F t 1 P „N u , " ,k .„. A • Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1995-125 Pack and Barnard Special Permit -Section 4-4.2 change in non-conforming structure Summary Denied Applicant: Kenneth Pack and Elizabeth Barnard Property Address: 89 Salten Point Road, Barnstable, MA Assessor's Map/Parcel 280-016 Zoning: RF-1 - Residential F-1 District Special Permit Section 4-4.2 change in non-conforming structure to allow for the addition of second story within setbacks that do not conform to those of RF-1. Background: This application is for a Special Permit to allow the addition of a second floor to a structure that does not meet existing zoning setback requirements. This Appeal is being made pursuant to Section 4-4.2 of the Zoning Ordinance-Change in a Non-Conforming Structure. The locus is a 0.08 acre lot commonly addressed as 89 Salten Point Road, Barnstable MA. The lot is developed with a 675 sq.ft. structure described by the applicant as a single-family dwelling. The applicant is seeking to rebuild the existing structure and to add a second floor of 426 sq.ft. The existing structure does not conform to the required yard setbacks in the RF-1 district in which it is located. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 02, 1995. A Public Hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The Hearing was opened on September 27, 1995, Attorney Matthew Dupuy represented the applicant before the Board at which time one of the Board members elected to step down due to a potential conflict of interest. That left only four members and the applicant chose not to proceed. Attorney Dupuy signed an extension and the hearing was continued to October 25, 1995 and then to November 29, 1995, at which time the Board found to deny the appeal. Board members hearing this appeal were Ron Jansson, Emmett Glynn, Gene Burman, Tom DeRiemer, and Chairman Gail Nightingale. Attorney Matthew Dupuy represented the petitioners. Also present was Mr. Philbrook, the Engineer. Attorney Dupuy is seeking relief from Section 4-4.2 to allow the rebuilding of the existing structure, add a second floor and any other relief the Board may deem appropriate. Pack and Barnard have owned the property for six years. The lot is very small (only 0.08 acres) and has a 697 sq.ft. one story structure. Part of the existing home is over the lot line. If this relief is granted, this section will be removed. Also, the renovations would move the house further from the wetlands. Concrete piers will be installed. This construction will not be detrimental to the neighborhood as the first floor will become more conforming. The house is presently connected to town sewer. The question of access was raised by the Board. Attorney Dupuy explained that access is through Lot 18 from Salten Point Road to the site and parking is shown on the Site Plan as the existing front lawn. There was no evidence of an easement presented as rights were based on continued usage over the past years. Also the property is being changed from seasonal use to year round use. The Board then requested Attorney Dupuy to produce a title search on the property, including a history of the adjoining lots and how the lots were sold to other family members. It was requested • Zoning Board of Appeals-Decision and Notice Appeal Number 1995-125 Pack and Barnard that a certified Site Plan be submitted with easement to the road specifically defined as to access. Also, immediate abutters need to be in agreement in allowing the petitioners to drive over their property. The public was requested to comment. No one spoke in favor. Speaking in opposition was Joseph Snow, an abutter. He has been following this project closely with Old Kings Highway Regional District Commission, and has concerns regarding the small size of the lot and the relatively large size of the planned structure. Davis and Nancy Bates spoke stating they were neither speaking in support nor opposition but had concerns regarding the size of the structure, and the right of way for access. The appeal was continued to November 29, 1995 at 7:00 PM. to allow the Attorney adequate time to research the requested information. At the continuance, the questions of access, the change in use from a seasonal dwelling to a year round dwelling, and the history of the adjoining lots were raised by the Board. Attorney Dupuy requested a Withdrawal Without Prejudice. He stated the petitioners felt the cost to construct was becoming too high and they wanted to change the plans and come back in less than two years time. Chairman Nightingale explained that, customarily, once an appeal has been heard, even if only in part, the Board is more inclined to grant a withdrawal with prejudice not without. Upon hearing that, Attorney Dupuy withdrew his request to Withdraw Without Prejudice and asked to continue the hearing on the Variance. He submitted a copy of Chapter 41, Section 81 L which includes the definition.... "Subdivision... the division of a tract of land on which two or more buildings were standing when the subdivision control law went into effect in the city or town in which the land lies into separate lots on each of which one of such buildings remain standing, shall not constitute a subdivision." Since each one of these dwellings was constructed prior to zoning, each building and lot would be grandfathered. In 1972 there was common ownership and both were developed prior to zoning and, therefore, would have rights as two separate lots. Prior to 1972 they were under separate ownership and in 1985, the lot went into separate ownership again. Next, Attorney Dupuy addressed the issue of access. There is a right-of-way over the lot owned by the Bates' as stated in their deed. In reviewing the deeds, at one point, there were over eight "rights of way"for access. Therefore, access should not be an issue. Mr. Bates, who owns the neighboring lot, showed where the access was to the locus. It is directly over the front of his property. Documentation was submitted supporting this information. Mr. Bates stated he is concerned with people actually driving over the front of his property, and the size of the proposed dwelling. Dr. Snow, an abutter, stated that the petitioner should not be allowed to go outside the existing footprint which has been approved by Old Kings Highway Regional Historic District. Attorney Dupuy responded that there is no increase in the footprint. There is a reduction and "straightening" of the lot lines, which, in actuality, expands the footprint in one spot and reduces it in another. The lot is served by public water and Town Septic Disposal. The question of fire safety was discussed. Fire Chief Jones had been contacted and he was concerned due to the close proximity of all the homes in the general area. There is access but it is difficult and limited in that only one fire truck could service the area which is not an ideal situation. 2 Zoning Board of Appeals-Decision and Notice Appeal Number 1995-125 Pack and Barnard Finding of Facts: Based upon the testimony given during the Public Hearing on this appeal, the Board unanimously found the following findings of fact with reference to Appeal Number 1995-125: 1. The property is located at 89 Salten Point Road, Barnstable in an RF-1 Residential F1 Zoning District. This district requires, among several things, one acre in size of upland property. This property consists of.08 acres or 33,00+/-sq.ft. 2. There is an existing structure on the lot which predates zoning. 3. There is no direct access to the lot other than by deeded easements over someone else's property. 4. The easements are not paved roads but actually pathways that traverse other properties and therefore may not be readily available for passage of vehicles during all times of the year. 5. The petitioner is seeking to add an addition to the existing dwelling. 6. Fire Chief Jones has expressed concern due to close proximity of this structure and that access to the building could be difficult. 7. The purpose of the Zoning Ordinance for the Town of Barnstable, in part, is to prevent chaos, confusion and congestion. 8. To grant the petitioner the relief being sought would be substantially more objectionable or detrimental to the neighborhood because it would enhance the opportunity for a catastrophe in terms of the proximity of the several structures. Decision: Based upon the findings a motion was duly made and seconded to deny the petitioner the relief being sought in Appeal Number 1995-125. The Vote was as follows: AYE: Ron Jansson, Emmett Glynn, Gene Burman, Tom DeRiemer, and Chairman Gail Nightingale NAY: None Order: Appeal Number 1995-125 has been denied. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. , 1995 Gail Nightingale, Chairman Date Signed I Linda Leppanen, 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 Leppanen, Town Clerk 3 • TOWN OF BARNSTABLE 3.ga0( BUILDING DEPT. D Ax Z. (1995: 92 Marlboro Rd. E © 1 II 1ri'np E Sudbury, MA 01776 27 April 1995 Ms. Gail Nightingale, Chairman Zoning Board of Appeals 230 South St. Hyannis, MA 02601 Ref. 1. Site Plan of Land in Barnstable MA prepared by V Philbrook for Kenneth Pack and Elizabeth Barnard on Nov. 20, . 1993 and revised on January 1994. Ref. 2. Considerations presented and discussed at the Conservation Public Hearing on 11 January 1994. Ref. 3. Letter to Peter L. Freeman, Chairman, Old King's Highway Historic District, dated 16 September 1994. Ref. 4. Letter to Peter L. Freeman, Chairman, Old King's Highway Historic District, Dated 30 January 1995 Ref. 5. Letter to Peter L. Freeman, Chairman, Old Kings Highway Historic District, Dated 13 February 1995 Dear Ms. Nightingale, The attached are some of the correspondence regarding the proposed demolition and reconstruction of a cottage owned by Kenneth Peck and Elizabeth Barnard on Salten Point Road in Barnstable Massachusetts. The location is indicated in Reference 1. As you can see this lot is 30' x 110' and at least the current bulkhead is already on our property. Reference 3. represented our concerns as presented to the Conservation Board. We were not able to attend this meeting and asked James Peluso to present our concerns. Again the construction did not stay within the current footprint and no consideration was made as to how the demolition of the present cottage would be accomplished. At the meeting held on 8 February and documented in Reference 5. the plans again did not stay within the current footprint but it was agreed that the present cottage could be demolished, plans would be resubmitted to stay within the present footprint, but still no written agreement as to when and how this demolition and reconstruction would be accomplished over our property. I • ,•• • • We did meet with Ralph Crossen as indicated in Reference 5. and were told that he would not approve a building permit and would send the permit to you for approval. The plans were submitted to the Old King's Highway Historic District two more times and was finally approved. I have no information as to the conditions of this approval. I was told by Mr. Philbrook that he submitted his request for a building permit to Mr. Crossen. I was also told by Mr. Crossen that in accordance with our previous discussions that he passed the request along to you. When I called your office to determine when this permit would be reviewed by your board I was told that it wasn't on any agenda as of this date. I have talked to Mr. Philbrook and he has said that he would respect our wishes that no demolition, or construction would be done in July and August of 1995. I have discussed with our lawyer, James Peluso, and he has stated that since everything has been verbal since the approval of the Old King's Highway Board that we need to ,obtain something in writing as to , what is being built, does it stay within the present footprint, when will the demolition and reconstruction take place, how will this be done over our property and who will replace damaged areas and utilities. Sewer, water and electrical lines are embedded in the driveway leading to the street. How do we obtain this written documentation? Before you make your final decision please visit the site where the construction is to be performed. Notice what was approved for James Calvin and I think you can see our concern. We feel that something must be done due to the lack of maintenance over the past few years, but are concerned that what is approved is what is built and that it will not interfere with our family's vacation plans this summer. Your recognition and consideration of our request would be greatly appreciated. Sincerely, anc A. Bates a. CC Mr. James R. Peluso Attorney At Law Four Longfellow Place 37th Floor, Suite 3703 Boston, MA 02114 Mr. Ralph Crossen Building Inspector Barnstable Town Hall Hyannis, MA 02601 Philbrook Engineering .& Construction 107 Beach St. Dennis, MA 02638 Mr. Peter L. Freeman Old King's Highway Historic District 230 South Street Hyannis, MA 02601 CIF �ss� The Town of Barnstable •• •BARNSTABiE, • • M`gEt mat' Department of Health Safety and Environmental Services " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner February 15, 1995 Ms Nancy A. Bates 92 Marlboro Road Sudbury, MA 01776 • Re: Your letter to Peter L. Freeman, Chairman, Old King's Highway Historic District dated 13 .cu uai y Dear Ms Bates: I am in receipt of a copy of the above referenced letter. I would be happy to meet with you to discuss 89 Salten Point Road. Please contact my office to schedule an appointment. Sincerely, Ralph M. Crossen Building Commissioner IQVIL/xm TOVI6 OF BADE- FEB 14 1995 L5 92 Marlboro Rd. Sudbury, MA 01776 13 February 1995 Peter L. Freeman, Chairman Old King's Highway Historic District 230 South Street Hyannis, MA 02601. Ref. 1. Old King's Highway Historic District Commission Agenda For Open/Public Meeting , at 7:30 PM on 8 February 1995. Dear Mr. Freeman, We attended the meeting , reference 1 above, on 8 February 1995 and understand that the plans prepared by North Side Design Association will again be modified to stay within the current footprint. This is the second time that plans have been submitted , that do not meet this requirement. We are concerned that even if the next submittal is compliant with the footprint that the final construction will not conform such as the case of the Calvin's house beside us. Phil Brook Engineering & Construction Co. has been given permission to demolish the current structure, but no acceptable method has been established to accomplish this task. Thank you for the requirement that when a demolition method is established that no glass, nails, wood etc. be left anywhere on the present land, or in the right of way to the demolished property. It is difficult to understand how anyone can obtain a building permit to build a house that is 9.3' on one end, 12' on the other, 54' long and 30' tall with the 54' dimension on our lot line. We will be out of town until 3 March 1995, and would appreciate not having another review by your committee before that date . We also request a meeting with Mr. Ralph Crossen in March as your committee suggested to make him aware of the current situation. We are sending him a copy of this letter with some of our past correspondence and by copy of this letter request a meeting at his convenience after 3 March. Your understanding and consideration of our request would be greatly appreciated. Sincerely, ncy . Bates cc Mr. James R. Peluso Attorney At Law Four Longfellow Place 37th Floor, Suite 3703 Boston, MA 02114 Mr. Ralph Crossen Building Inspector Barnstable Town Hall Hyannis, MA 02601 North Side Design Association 141 Main St. Yarmouth Port, MA 02675 Phil Brook Engineering & Construction 107 Beach St. Dennis, MA 02638 TOWN OF BARNSTABLE BUILDING DEPT. ..nR FEB i4095. la a 111 .6 92 Marlboro Rd. Sudbury, MA 01776 30 January 1995 Peter L. Freeman, Chairman Old King's Highway Historic District 230 South Street Hyannis, MA 02601 Ref. 1. Letter from Nancy Bates & Marion Carlson to Elizabeth Barnard, dated 27 December 1993. Ref. 2. Letter to Peter L Freeman, Chairman, Old King's Highway Historic District, dated 16 September 1994 Ref. 3. Old King's Highway Historic District Commission Agenda For Open/Public Meeting , at 7:30 PM on 8 February 1995. Dear Mr. Freeman, I received your notice , reference 3 above, on 28 January 1995 and will attend the meeting on 8 February 1995. Reference 2 above is included for your information. We have not seen the new plans and have requested a copy from North Side Design Association. Phil Brook Engineering & Construction Co. is performing the " Domilition/ Addition/Alteration/New House. We have the same concerns as stated in Reference 2. 1. The new construction should stay within the current footprint. Any porch replacement should also stay within the current footprint. This is requested due to the close proximity to our property as can be seen on their current plan. All construction currently on our land should be removed. Due to the close proximity of the construction our bushes and scrubs will probably be destroyed and no one has promised replacement. Some of them fall under the endangered species category. 2. The previous plans by East Coast Engineering should have been changed to eliminate any reference that our front yard is a "parking lot". As agreed in the last hearing this land is our front yard in which our children and grandchildren play. It is not a common parking lot as indicated on our Town of Barnstable deed Book 791, Pages 469 & 470. These pages should be read very carefully by any contractor planning to access the construction planned. The wording cf the Pack deed indicates that they have right of way over the land of James Calvin, who has a right of way "to pass and repass with vehicles, or otherwise and use for all purposes for which driveways are used" The construction vehicles can pass over our land to James Calvin's land and proceed from there to the Pack's land. They cannot legally park there without our permission. We would seriously object to any construction during the months of June, July, August, and September since our front yard is used for play and family picnics by ten families and construction equipment is a danger to our nine grandchildren. Provision should be made by the Pack's for future parking on their own property. 3. Construction in the past has interrupted power, sewer, and water service. These facilities are shared on the same lines and any changes can effect our future utilization. Your recognition and consideration of our request would be greatly appreciated. Sincerely, a.V3ate_A3 N c . Bates cc Mr James R. Peluso Attorney At Law Four Longfellow Place 37th Floor, Suite 3703 Boston, MA 02114 North Side Design Association 141 Main St. Yarmouth Port, MA 02675 Phil Brook Engineering & Construction 107 Beach St. Dennis, MA 02638 92 Marlboro Rd. Sudbury, MA 01776 16 September 1994 Peter L. Freeman, Chairman Old King's Highway Historic District 230 South Street Hyannis, MA 02601 Ref. 1. Letter from Nancy Bates & Marion Carlson to Elizabeth Barnard, dated 27 December 1993. Ref. 2. Old King's Highway Historic District Commission Agenda For Open/Public Meeting , dated 9 September 1994. Dear Mr. Freeman, I received your notice referenced above on 15 September and have contacted my sister, Marion Carlson to determine if she could attend this meeting. I will be in Scotland until 7 October and cannot attend your meeting on 21 September. Marion is a Registered Nurse and is also not able to attend your meeting. Is there any chance for a continuation of the application by Ken Peck/Elizabeth Barnard until we return from overseas? We wrote Reference 1 above and never received a response. We tried by telephone to determine how the new construction would effect our property. We would like to officially register our objections since: 1. The new construction does not stay within the current footprint. Any porch replacement should also stay within the current footprint. This is requested due to the close proximity to our property as can be seen on their current plan. All construction currently on our land should be removed. Due to the close proximity of the construction our bushes and scrubs will probably be destroyed and no one has promised replacement. Some of them fall under the endangered species category. 2. The plans by East Coast Engineering should be changed to eliminate any reference that our front yard is a "parking lot". This is our front yard in which our children and grandchildren play. It is not a common parking lot as indicated on our Town of Barnstable deed Book 791, Pages 469 & 470. These pages should be read very carefully by any contractor planning to access the construction planned. The wording of the Pack deed indicates that they have right of way over the land of James Calvin, who has a right of way "to pass 4 - and repass with vehicles, or otherwise and use for all purposes for which driveways are used" The construction vehicles can pass over our land to James Calvin's land and proceed from there to the Pack's land. They cannot legally park there without our permission. We would seriously object to any construction during the months of June, July, August, and September since our front yard is used for play and family picnics by ten families and construction equipment is a danger to our nine grandchildren. Provision should be made by the Pack's for future parking on their own property. 3. Construction in the past has interrupted power, sewer, and water service. These facilities are shared on the same lines and any changes can effect our future utilization. If the meeting on this application cannot be postponed and you decide to approve this application, could you let us know how your organization can assure that the above concerns can be resolved. Your consideration of our request would be greatly appreciated. Sincerely, Nancy A. Bates 1: . Considerations to be discussed at the Conservation Public Hearing on January 11, 1994 regarding the application of Kenneth Pack. 1. All construction vehicles should be parked on the Pack's land during construction. See item 14 below. 2. No construction should be done in July or August of any year. 3. Is it the intent to sell the house soon after the reconstruction? 4. What is the distance required between the house and the lot line? 5, There should be no interruption of power , sewer, or any other utility to any abutted cottages during construction. 6. Will the reconstruction follow the same footprint? If so why is the cantilevered deck laid out on the front of the cottage? What do the stakes mean •that state no work beyond this point? Why aren't they on the other side? 7. No scrubs or bushes are to be removed, or damaged on our land during construction. 8. The lot line will be determined exactly and all construction not on your property will be removed. 9. What is .the intent of the reconstruction.? Personal use? Renting? How many people? Will parking be provided to the renters? Where? Will it be a year round facility, or only used in the Summer season for vacations? 10. Lot plan indicates that the current elevation on the pilings is 10' 9" and that the new pilings will be 12". Does this mean that the current floor will be raised 1' 3" ? What will be the overall height ? 11. Both proposed decks are new construction that do not fit within the current foot print. The front one is beside a sleeping area within our cottage. It has been said that this would be a screened in porch. This construction, would therefore cut the air flow, block our minimal view of the upper harbor and could establish a source of noise that would be disturbing. 12 The layout presented does little to show the final picture of the construction upon it's completion. 13 What is a proposed silt fence? Does it stay there forever? If you need one why don't you need one to protect our property. What about Jim Calvin's property? 14. The lot plan indicates that our property is an "existing dirt parking lot". This is our front yard in which our children and grandchildren play. It is not a common parking lot parking lot for everyone as is indicated on the deed Book 791 Pages 469 & 470. j , r`: These pages should be read very carefully by any contractor planning to access the construction planned on this property. The wording of the Pack deed is the same as the deed from David Calvin and different from the deed of James Calvin which is in accordance with the right of way given in Book 791 It should be noted the James Calvin does park on his property after using our property as a way "to pass and repass with vehicles or otherwise and use for all purposes for which driveways are used". According to the deed I can only assume the access to the Peck property is over the land belonging to James Calvin and as can be clearly seen this in an impossible task. 15. It is indicated that they plan to remove the construction already on our property. Is the chimney on our property also? What is under the bulkhead? Will it be totally removed and filled in ? Did the builder, or his agent do a geodetic survey , or did he plan his construction from a marker of unknown origin. 16 . The first notice of this construction was by way of the letter announcing the hearing. Since there was no desire to discuss the construction before this hearing we feel that all of the above should be seriously considered before any permits are granted for any construction on this property. • . .... . _. ,_ . . . . . .... ........ __________._______________.___. . _ NN. 1' -. 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