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Anderson, Robin
From: Kelly Zimm�<kelly.zimmer@fed�ex.com>
Sent: rsday, , 2019 11:22
To: Anderso ,
Subject: RE: RE: fedex office 297 north st hyannis ma letter to town of barnstable non-conforming use
Ms. Anderson, 'CJ Y 'w'
Were you able to locate the declination letter? .
S
Thank you,
Kelly Zimmer
Paralegal
Legal Department-Real Estate and Operations Support
FedEx Office and Print Services, Inc. i c(DC h
7900 Legacy Drive 1 v
Plano,TX 75024-3612 �) C"1 ��' C— ` q.. p1,0
469.980.3286 TEL I v
Kelly.Zimmer@fedex.com
fedex.com/us
o
The information in this e-mail is confidential and may be legally privileged. It is intended solely for the addressee. Access
to this e-mail by anyone else is unauthorized.
From: Anderson, Robin [mailto:Robin.Anderson@town.barnstable.ma.us]
Sent:Thursday, March 28, 2019 3:28 PM
To: Kelly Zimmer<kelly.zimmer@fedex.com>
Subject: [EXTERNAL] RE: RE: fedex office 297 north st hyannis ma letter to town of barnstable non-conforming use
I will attempt to locate the requested document for you tomorrow or otherwise notify you of its status.
p7�btn
Robin C.Anderson
Zoning Enforcement Officer
200 Main Street
Hyannis,MA 02601
5o8-862-4027
From: Kelly Zimmer [mailto:kellyzimmer@fedex.com]
Sent: Thursday, March 28, 2019 4:08 PM
To: Anderson, Robin
Cc: Florence, Brian
Subject: FW: RE: fedex office 297 north st hyannis ma letter to town of barnstable non-conforming use
Ms. Anderson,
1
r
Y
Town of Barnstable
SHTO,� Building Department Services
] ice" II Brian Florence,CBO y°o C FO Q B�*575t
"ass.BARN BuildingCommissioner
1639.
M 200 Main Street, Hyannis, MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Request for Zoning Enforcement Denial
April 11, 2019
Mr. William Kuntz, III
(Not provided by requester)
Re: Request for Zoning Enforcement
Mr. Kuntz,
I am in receipt of a request for zoning enforcement from you dated 2/20/19. I regret that it
has taken me so long to reach out to you but you left me very little contact information. I
was only able to find your email address after searching our archives in order to respond.
Please be advised that after a careful review of your request for enforcement and a
subsequent investigation I have found your request to be without merit and in some
instances irrelevant to zoning. For example, retail services are in fact available at the
location and zoning does not regulate pricing.
Therefore, no action will be taken with regard to your request. If you believe that you have
been aggrieved by this determination, you may file an appeal with the Town Clerk of
Barnstable, and the Town Planner specifying the ground thereof within thirty (30)days of
the receipt of this notice (in accordance with Chapter 40A Section 15 of the Massachusetts
General Laws).
If you have any questions regarding this notice please feel free to call me. `
Brian-Florence
_--� �.--
� �
K
,, /�` �" '
i
7900 Legacy Drive
Plano,Texas 75024
Fec[Ei., LEGAL DEPARTMENT
Office
February 28 2019
� 0
i
Mr. Brian Florence, Building Commissioner Via FedEx and Email O
Building Department as
Town of Barnstable
200 Main Street c�ir
Hyannis, MA 02601 C7
W
Re: Mr. William Kuntz, III's email dated February 20, 2018 to the Town of Barnstable
pertaining to FEDEX OFFICE AND PRINT SERVICES, INC.'s ("FedEx Office") .premises
located at 297 North Street, Hyannis, MA; Store#0386.
Dear Mr. Florence:
FedEx Office has received a copy of the above-referenced email, which alleges non-conforming
use violations at FedEx Office's store located at 297 North Street, Hyannis, MA 02601. As you may know,
for more than 20 years, FedEx Office has operated a technical and business support service center selling
goods and services to the public, while striving to provide an outstanding experience for our FedEx
customers. All of the services and goods that FedEx Office provides or offers comport with applicable
zoning and use ordinances and laws, including, but not limited to, OM District zoning ordinance Article III
§ 240-24.1.6.A(1)(a), (d), (e), and (i).
While we are confident FedEx Office has not knowingly violated any laws or ordinances, please
advise whether you need additional information to resolve this matter. We hope this letter clarifies the
issue for the Building Department for the Town of Barnstable. Please do not hesitate to contact me if you
require any additional information or we can be of further assistance.
Sincerely,
Kimberly Mabel
FedEx Office I Managing Director Legal
7900 Legacy Drive I Plano I Texas 75024
Direct:469.980.3503
kimberly.mabel@fedex.com
cc: Kelly Zimmer(internal)
I 02�20-19;01 ;07PM; # 1/ 1
297 North Street
® Hyepho 5 8,778
Telephone fi08,778.9464
Fax 508.778.9429
U usa0388®Iodex.com
Sipne/9annersBrochures and mue4 more
Feb 20, 2018 HyannK Ma,
Mon-Fri,7;30a.m.-9p,m,
Sat,Sa.m,-8p.m.
Sun-Closed
Town of Barnstable
200 Main St
Hyannis,Ma 02554-1801
Re:297 North St-Fedex Office=Stuart Bornstien-Holly Management
Non-Conforming Use?
Sir/Madam:
So it looks like Mr.Bornstien put yet another one past the town.
Having a minor dispute with Fedex growing like bamboo, I considered the
Tenenacy of the Fedex Company.
Under the OM use,publishing and printing establishments are permitted.
However,Fedex offices does duplicating or copy services and binding plus photo
Enlargement etc.While they offer Fedex Branded containers they don't offer
Delivery services,but at best will call pickup. The majority of the business seems to be a remote
terminal for Fedex Ground and Airbonre with outbound service only.In addition, it appears that the Retail
use is a sham,prices are even more that Staples and up to 5 times more than Ocean State Job Lot and
occupy more than the 1,500 sq feet allowed.
May I suggest that you suspend the occupancy permit asap and following review revoke it.
Further that Mr.Bornstien disgourge the past rents to the Town and impose further sanctions
including,removal of Fedex from that Location.
I thank you in advance,
William Kuntz,III 608-882-4778 — Fax 508-77a-202
Rk and V._SCali
:i]1R�CTd .
TOwN OF-RARNSTABLE
LICENSfNggpARTMENT
WEIGHTS R MEASURES PROGRAM
NO Main Street, Hyannis, MA 02601
richard.scali@town.barnstable.ma.us t
1
9
3
Printed On 4/12/2019
Cormp,laint CaII Rep � ��
BARNFFAU
297 UNIT 1" NORTH STREET HYANNI�
� t679• �0 �
-120� _ ,r
Case#: C-19-120 Address: 297 UNIT 1 NORTH STREET, Date: 2/25/2019
HYANNIS
Owner Info: Property Info:
Stu Bornstein MBL:
Owner Notified?:
Complaint Details:
Type of Complaint Classification of Complaint Method of Complaint
Zoning, Low Priority Phone
Complaint Summary:
William Kuntz, III questioned the right of FedEx to operate from the North St location within the OM zoning
district.
Action History:
Action Taken Date Description Fee Inspector
Close Case 4/12/2019 See letter from BC dated $0.00 andersor
4/11/19.
Close Case 4/12/2019 Closed as without merit $0.00 florencb
Inspector Assigned to Complaint: florencb Filed by. andersor
Comments:
Comment Date Commenter Comment
2/25/2019 andersor. According to Fed Ex they have been at this location since Dec. 1997.
Date: 4/12/201 of Barnstable..,
9 � .y �.- Jown oBarnstable..,
T Jam:
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Vf\ ,-t t ` A
Map 6 Parcel DoiApplication
4110
�' T
Health Division ® 08 Date Issued
Conservation Division �o'`�,��� Application Fee
Planning Dept. `�j Permit Fee
Date Definitive Plan Approved by Planning Board
Historic - OKH _ Preservation / Hyannis
Project Street Address 4 9'7 �%�D1�'� �, 0(J 'd E I'd n0- � lJh(f
Village &a f11 f11/-t> a 0
Owner bel-f) S7?- iQ Address��'� 5
Telephone 50- -175'- 41000
Permit Request ,/,e -- co o Fr "a
Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new
Zoning District Flood Plain Groundwater Overlay
Project Valuation Construction Type �'►oq
Lot Size Grandfathered: ❑Yes
DD ❑ 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 Kings Highway: ❑Yes ❑ No
Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other
Basement Finished Area (sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths: Full: existing new Half: existing new
Number of Bedrooms: existing —new
Total Room Count (not including baths): existing new First Floor Room Count
Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other
Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑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 A eats Authorization ❑ Appeal # Recorded ❑
Commercial Yes ❑ No If yes, site plan review#
Current Use re Proposed Use + 69-✓1✓1 e-
_ APPLICANT INFORMATION
(BUILDER OR HOMEOWNER)
Name eal 11V-6,i?CVC4 Telephone Number 603` 7 7S - 6--z��'7 7
Address 00 Ya Rz License#
AA5 ?i to kXQ A , ll Home Improvement Contractor# 7
Email a ,JrCQrY-1 Worker's Compensation # 2E-1&6 4/1/- /7
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
f-� A7 S
SIGNATUR DATE
FOR OFFICIAL USE ONLY
APPLICATION #
r DATE ISSUED
�J MAP/ PARCEL NO.
ADDRESS VILLAGE
OWNER
DATE OF INSPECTION:
FOUNDATION
FRAME
INSULATION
IFIREPLACE
r
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL
FINAL BUILDING '
DATE CLOSED OUT
ASSOCIATION PLAN NO.
T7ie Comniornvealth of Massachusetts
Degarhmmit o,f'Ind=&ia1Acdderds
- - f3,f -ce of Investigations
Investigations
- b00 WashingtonStreety_ Bosun,41A 02111
}i:FMV.lVta_'Mgovfdia
Workers' Compensatian Insurance Affidavit:BuildersiContracturs/Electrkians/PIumbers
Applicant Information Please Print fe�ibIy
r'
Nate & e O C_ /�-
Address- 30
citylsta� :wp,6/,C turn-)k 6a AU, Ph age ✓`� $- 71
Are - an employer?Checkthe appropriate box: ' Type of project(required):
L: I am a employer with 7 4• ❑I am a general contractor and I
employees(fu11 andlor part-time).* have hared.the sub-contractors
6- ❑New construction
2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling
ship and have no employees. 'These m3b-contractors have 8-,❑Demolition
wotidng, fermein any capacity employees and have workers' 9. ❑Building addition.
[No wor�'camp.insurance comp_msurance_l
required_] 5. ❑ We are a corporation and its llh.❑Electrical repairs or additions
3_❑ F am.a homeowner doing all work officers have exercised their 11-❑Plumbing repairs or additions.
myself[No workers'camp- right of exemption per MGL 12.❑Roof repairs
insurance required.]F c.152,§1(4k and we have no
employees-[No workers' 13.❑Other
camp.insurance required-]
*Any whc&T cat checks box K Hors#also fillautthe section below shoeing theirumikexe compevsatioa policy information-
Homeowners who submit this af5d ndt inettiremg they we doing all weak and then hire outside contractors Y Tn submit anew affidavit indicating such.
fCbntractors that check This boat must attached sn additional sheet showing the name of the sub-con=ctm and state whether at not those enfities have
employees. Ifthesubtaatnrctots have employees,they nwstpmuidetheir workers'comp.policynumber.
I ant art srr[pio} r fltrtt is protzdirtg n�orkers'cotrrpertsrrtivrt irtsurartce for rttp*errrptajes Betov is the policy curd jots site
information.
Irtsutance Company Nam: I (^Gt V(_9_rr5
Policyft.or Self-ins-Lit. : `O (jJ L1'-7 ! 7 Expiration I}ate: 3��� Zo/
Job SiteAddre :cam ? A/orfh 5-t `7� S�4'a 4/.5 City/State/Zip: 144 _ dz,) 69e
Aftach a copy of the workers'compensation olicy declaration page(showing the policy number and Aspiration date).
Failure to secure coverage as required un ect-on
25A of MGL c 152 can lead to the imposition of criminal penalties of a
fine up to$1,300��00 anchor one-),ear" went ss well as civil penalties.in the form of a STOP WORK ORDER and a fie
of up to$250-00 a day ag " v�io r. Be advised that a copy of this statement may.be forwarded to the Office of
Investigations.ofthe D for ins a coverage verification.
I do hereby c cruder the its and penakies o,fpe jar}.that the information pm,-i&d obm a is tru$mid carrect
Sitfure- Date:
Phu �
e oriTy. Do trot at rita in thisarea,to be cotnpietced by city rtrtawn od`iciat
City or Town.: PermitUcense#
Issuing Authority(circle one): IN
1.Board of Health 3.Building Department 3.CitylTown Clerk d.Electrical Inspector 5.Plumbing Inspector
6.Other
Contact Person: Phone#:
r
and Instructions ,
IIlfOZ`�lati0il ,
Massachusetts Geheazl Laws chapter 152 regairm all employers to provide workers'�comper sation for their employees.
p m this sfatrte,an e7npInyee is defined as..".every person in file service of another under any contract of hire,
express or implied,oral or writnm"
An errrpioyer 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
association or other legal entity,employing employees. However the
ee of an indivipartnership,
receiver or trust �� _
owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the -
dwellmg house of another who employs persons to do ma7nfpnan ce,construction or repair work on such dwelling house
or on.the grounds or bolding appurtenant thereto shall not because of such employment be deemed to be an employer."
MGL chapter 152,§25C(6)also start that"every state or local licensing agency shall withhold the issuance or
renewal of a Ecense or permit to operate a business or to construct buildings is the commonwealth for airy
applicantwho has notproduced acceptable evidence of compliance with the mmrance.covexagerequired_"
Additionally.MCrL chapter 152, §25C(7)states"Neither the Commonwealth nor a'ay of its political subdivisions shall
enter into any contract for the perfummnaace ofpublic work uatil acceptable evidence of compliance with the insr ce._
requmiremmt s of this chapter have been presented to the contracting authority_" -
Applicaatts _
Please fill oht the workers' compensation aiJa-davit completely,by checking&e boxes that apply to your sitnation and,if
necessary,supply sub-contractors)nane(s), address(es)and phone number(s) along with their cm iiHcate(s) of
i„�ce. Limited Liability Companies(LLC)or Limited Liability-Partnerships(LLP)with no employees other than the
members or partners,ale not required to carry workers' compensation If an LLC or LLP does have
empIoyees,a policy is r(-,quired. Be advised that this affidavit may be submittf--d to the Department of Industrial
Accidents for confnination offinurance coverage. Also be sure to sign and date the affidavit. The affidavit should
be retumed to the city or town that the application for the permit or license is being requested,not the Department of
InE-tstrlal Accidents. Shouldyou have any questions regrading the law or ifyou are required to obtain a workers'
compensation policy,please call the Department at the number listed below. Self-insured companies should enter their
self-mssrance license number on the appropriate line.
City or Town Officials
f _
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 tr)fill out in the event the Office of Investigations has to contact you regarding the applicant
Please be sine to fill in the perm License number which will be used as a reference nunber. In addition,as applicant
that must submit mutt pl0 penmt/licrose applit ations m any given year,need only submit one affidavit indicatmg current
policy i fomation Cif necessary)and under"Job Site Address"the applicant should write"all locations is (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 relafEd to any business or commercial venture
(Le_ a dog license or permit to bum leaves etc.)said person is NOT regaced to complete this affidavit
The Office of Investigations would Imke to thank you i,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 nummbez:
Thu CaMMonwealtIL of Massachustts
Ilepartment caf l id ial Ac ci eats
Office ref flivegttati.o.=
600 Wasbingtan.St Wt
Boston,MA Oi11I
`Ff,-L A 617 727 4WO cxt 4-06 or 1-9 MAS E
Fax#�617-` 27 7749
Revised 424 07 .mias, f�ia
CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYM
:CFCA"
FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CETE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE
CEHL AND THE-CrERTIFICATE HOLD911.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WANED,subject to
e terms and conditions of the policy,certain policies may require and endorsement. A statement on this certificate does not confer rights to
the certificate holder in lieu of such endorseme s.
PRODUCER CONTACT
NAME:
HUB INTERNATIONAL NEW PHONE FAX
265 ORLEANS ROAD (A/C,No,Ext): (AIC,No):
NORTH CHATHAM,MA 02650 E-MAILADDRESS:
24P4N INSURERS)AFFORDING COVERAGE NNC iI
INSURED INSURER A- TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
HITCHCOCK,THEODORE DBA T L HITCHCOCK INSURER 13:
CONSTRUCTION INSURER C:
INSURER D:
30 SCORTAN HILL ROAD --� INSURER E:
WEST BARNSTABLE,MA 02668 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY
PAID CLAIMS.
INSR ADD SUB POLICY EFF DATE POLICY EXP DATE
LTR TYPE OF INSURANCE L R POLICY NUMBER (MMIDDIYYYY) (MM MYYYY) LIMITS
GENERAL LIABILITY CH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR AMAGE TO RENTED $
REMISES(Ea occurrence)
ED EW(Anyone person) $
ONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:
ENERAL AGGREGATE $
POLICY PROJECT❑LOC RODUCTS-COMP/OP AGG $
AUTOMOBILE LIABILITY COMBINED SINGLE $
ANY AUTO LIMIT(Ea accident)
ALL OWNED AUTOS BODILY INJURY $
SCHEDULE AUTOS (Per pew)
HIRED AUTOS BODILY INJURY $
(Per accident)
NON-OWNED AUTOS PROPERTY DAMAGE $
(Per accident)
UMBRELLA LIAR r7 OCCUR EACH OCCURRENCE _ $
EXCESS LIAR CLAIMS-MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
A WORKER'S COMPE'NSAMON AND WC STATUTORY OTHER
EMPLOYER'S LIABILITY YIN UB-2E101644-17 03/28/2017 03/2812018 X LIMITS
ANY PROPERITOR/ IDtECUTIVE
OFFICERMIEMBER EXCLUDED? a NIA E,L.EACH ACCIDENT $ 1,000,000
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONSILOCAT(ONSIMICLES/RESTRICTiONS/SPECIAL ITEMS
THIS REPLACES ANY PRIOR CERTIFICATE ISSUED TO THE CERTIRCATE HOLDER AFFECTING WORKERS COMP COVERAGE.
THE WORKERS'COMPENSATION POLICY DOES NOT PROVIDE COVERAGE FOR HITCHCOCK,THEODORE
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTYIVE
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1988 2010 ACORD CORPORATION. All rights reserved.
.r Board of Building Regulations and Standards
` _ A- Office of Consumer Affairs&Business Regulation
License. CSSL-099828 HOME IMPROVEMENT CONTRACTOR
:onstruction Supenjisor Specialty Registration 165907 Type.
e Expiratiorr 4/6?2Q 8 Private Corporation
TED L HITCHCOCK 55 LISA LANE
`-`k �`� t' TL HITCHCOCK CONS'i��RUCTlE1VERVICE INC.
r,:
WEST BARNSTABLE MA 02968
THEODORE HITCHC66_0i-Er:.'
55 USA LANE _\ �`*✓x
WEST BARSTABLE,MA`02668 Undersecreta.�K ry
��-- Expiration:
i
Commissioner 0610112018
a
-
License or registration valid for individual use only ,
before the expiration date. If found return to: {
Office'Of Consumer Affairs and Business Regulation
10 Park Plaza-Suite 5170
Boston,MA O2-11
` o
Not valid without signature
ToWn of Barnstable
Regulatory Services
F MOM _' Richard V.S=14 Director
►Z Building Division.
Paul Roma,Building Commissioner
200 Main Street,Hyannis,MA 02601
www.town.barnstable.ma.ns
Office: 509-862-4038 Fax: 508-790-6230
Property Owner Must
Complete and Sign This Section
If Using A Builder
I, 4 90k"d AUmi , as Owner of the subject property
hereby authorize_1�?d 14 i'T Cl✓l.cn c. to act on my behal f
in all matters relative to work authorized by this building permit application for:
V [Vorfh 5t OL)d d I r)Q -0- 1 Yk/Gdln 15
(Address of Job)
**Pool fences and alarms are the responsibility of the applicant Pools
are not to be filled or utilized before fence is installed and all final
inspections are performed and accepted.
Signature of Owner S e of Applicant
riot Name Print Name
r
Date
QTORMS:OWNERPEPIMSIONPOOLS
Town of Barnstable .
Regulatory Services _
pU Richard V.Scab,Director
Building Division
MRNSTAM& = Paul Roma,Building Commissioner
MASS. g
1639." 200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-8624038 Fax: 509-790-6230
HOMEOWNER LICENSE EXEMPTION
Please Print
DATE:
JOB LOCATION:
number= street village
"HOMEOWNER":
name home phone# work phone#
CURRENT MAILING ADDRESS:
city/town state zip code
The current exemption for"homeowners"was 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. .
DEFINTTION 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 responsible for all such work Rerformed 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 requirements.
Signature of Homeowner
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 persons)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 2i.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 personas 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/she understands the responsibilities of a Supervisor. On the last page
this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in
your community.
Q:\WPFILES\FORMS\building permit forms\EXPRESS.doe
06/20/16