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HomeMy WebLinkAbout0565 OCEAN STREET 71��o� �C�r9,c.� ��✓ J v � 1v i ���� �, - `� �. _ �� �. �, � � � 0 ,� e �1 � � � � Cape Save Inc. 7-1) Huntington Avenue South Yarmouth, MA 02664 Tel: 508-398-0398 Fax: 508-398-0399 1/7/19 Brian Florence CBO Town of Barnstable Building Division 200 Main St. S�1i1R , Hyannis,MA 02601 JAN 2 5 2019 RE: Insulation Permit 18-3898 TOWN 0.-0,,,rdgS Dear Mr. Florence: This affidavit is to certify that all work completed for 565 Ocean Street,Hyannis has been inspected by a third party Certified Building Performance Institute(BPI) Inspector. All work performed meets or exceeds Federal and State Requirements. Sincerely, William McCluskey Town of Barnstable ��� • csti � ,�, � ,��+. .�».mow Building n Post.This-Card;SofiThat rt`is VisrbleFrom:.the:Street- rouedPlans"Must;be.Retarned onJobRand.this,Card Must=be Ke t MRs.'sYArii.E. 's - • m,�sa PostedUntil Final InspectionHas BeenMade�, -1639- , __,v.r. a..x:"" r�„"�,% . :;'= - :�.' ;.'; r tom;. 'af '.., .. . ;f r f '�' m or s Wherela Certificate;:of Occupancy rs Itequ�red,such`Bu�ldmg shall Not be Occupied unt�t a Final lnspect�ona<has'`been made�; ;: errnl� Permit NO. B-18-3898 Applicant Name: William McCluskey. Approvals Date Issued: 11/28/2018 Current Use: Structure Permit Type: Building-Insulation-Residential Expiration Date: 05/28/2019 Foundation: Location: 565 OCEAN STREET,HYANNIS Map/Lot: 324-114 Zoning District: RB. Sheathing: Owner on Record: LATIMER,ARLENE C f Contractor Na me::Y,WILLIAM J MCCLUSKEY Framing: 1 Address: 3 IMPERIAL LN x. Contractor License:`' CSSL-102776 2 BALLSTON LAKE NY 12019 Est Project Cost: $5,000.00 Chimney: 5 Description: Add R-38 fiberglass, R-19 fiberglass, R-10 rigid'ansulaton,i7-13 Permit F,ee: $85.00 fiberglass,and R-42 cellulose to the attic berglass to the Ad&R 19 fi Insulation: w Fee Paid:` $85.00 basement.Air seal the attic plane and basement�with.,expanding Final: foam.General weatherization. Date e 11/28/2018 Project Review Req: A ' r - / � Plumbing/Gas c�C Rough Plumbing: Building Official Final Plumbing: Rough Gas: 11 _Y Final Gas: This permit shall be deemed abandoned and invalid unless the work athorized bythis permit is commenced within six months after issuance. All work authorized by this permit shall conform to the approved application and the approved construction documents for which;this permit has been granted. Electrical All construction,alterations and changes of use of any building and structures shallbe in compliance with the local zoning by-laws,and codes. This permit shall be displayed in a location clearly visible from access street or"road and shall be;mamtained opera for public inspection for the entire duration of the Service: work until the completion of the same. u' �` �- � .. •��i � � -; a Rough: The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials_are provided on this permit. Minimum of Five Call Inspections Required for All Construction Work: Final: 1.Foundation or Footing 2.Sheathing Inspection Low Voltage Rough: 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Low Voltage Final: S.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Health 7.Final Inspection before Occupancy Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Fire Department Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). NUMBER FEE 04 THE COMMONWEALTH OF MASSACHUSETTS 75 . 00 .......TOWN....................... of ... A�iN,STABLE............................................. LODGING HOUSE LICENSE This is to Certify that a Lodging House License is hereby granted to ................... RICHARD C. VENDOLA d/b/a ANRIC OCEANSIDE at 5.6.5...OCEAN S. •.1....HYANNI S o...MA ....... .................................................. ... .. .......................................................................................... BARN STABLE in said .......................................... and at that place only and expires December thirty-first 19.7 5 unless sooner -suspended or revoked for violation of the laws of the Commonwealth of Massachusetts relating to the licensing of Lodging Houses. ! This license is issued in conformity with the authority granted to the licensing authorities under section twenty-three, of chapter one hundred and forty, of the General Laws, and is subject to the provisions of sections twenty-two to thirty-one inclusive of said chapter. In Testimony Whereof, the undersigned have hereto affixed their official signatures, this ...... J.S.t............... dayof.....�.ECEMPZR �, s! ,.............. r1 '........................... A. D. 19..9.4. .......... t .. .. ............ ......... Licensing ...................... �... ..:...'... - Authorities FORM S 547 A.M.SULKIN.INC. BOSTON (617)542-5858 (OVER) I V I _ l The Town �of•B arnstable 9Q M"s63q. �' Department of Health Safety and Environmental Services . yel m Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Fax: 508-790-6230 Ralph Crossen Building Commissioner January 22, 1996 Donald F.Henderson,Esquire 776 Main Street Hyannis,MA 02601 Dear Attorney Henderson: Please be advised that the.following properties are considered single family homes from a zonin perspective and must be used accordingly: g 1. 493 Ocean Street 2. 503 Ocean Street 3. 511 Ocean Street 4. 525 Ocean Street 5. 549 Ocean Street 6. 557 Ocean Street 7. r565-Ocean-Street 8. 15 Gosnold Street I trust your client will properly disclose this at the upcoming foreclosure sale. The new owners must contact my office to arrange for a conversion back to single family homes. If I can be of any further assistance,please do not hesitate to call. Sincerely, 41pph M. Crossen �J Building Commissioner RMC/km To: Ralph From: Kathy Re: 1/26/96 auction of 7 Ocean St.properties+ 15 Gosnold St. Your letter is included as the last page of the attached"Memorandum of Sale"package-which I requested a copy of. Attorney Henderson said that this package was given to all registered bidders for 565,557 and 549 Ocean St. and that a similar package was given to those bidding on the other.5 properties. There were no extras of that one but he showed me the last page,which also was a copy of your letter. In addition he made a statement,before he started the bidding,that it was the building commissioner's opinion that all 8 properties were single family homes,period-but that any purchaser would have rights under the Zoning By-law to go to the ZBA. In answer to questions,he also said that there were some provisions under the ordinances for renting to lodgers but that the Building Dept.would have to be consulted in that case. The bank bought back the first 4 for$80,000 each(individually.) (My feet got too cold to stay until they auctioned them as a group.) f The Town . • �.W"M = of Barnstable ' MAM .Department of Health Safety and Environmental Services Ec ,t� Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Fax: 508-790-6230 Ralph Crossen Building Commissioner January 22, 1996 . Donald F.Henderson,Esquire 776 Main Street Hyannis,MA 02601 Dear Attorney Henderson: Please be advised that the follow;n9 properties are considered single family homes from a zoning perspective and must be used accordingly: 1. 493 Ocean Street 2• 503 Ocean Street 3• 511 Ocean Street 4. 525 Ocean Street ` 5. 549 Ocean Street 6. 557 Ocean Street r-7-. 565 Ocean-Street= 8. 15 Gosnold Street I trust your client will properly disclose this at the upcoming foreclosure sale. The new owners must contact my office to arrange fora conversion back to single family homes. If I can be of any further assistance,please do not hesitate to call. 2 Sincerely, 41pph M.Crossen Building Commissioner RMC/km a � r f � a r i I r �.NE rq BARNSfABLB,i MAPA Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1996-120 Jack Breitkopf Special Permit Pursuant to Section 3-1.1 (3)(A) Special Permit Pursuant to Section 4-2.8 Reduction of Parking Requirements Summary Denied Applicant: Jack Breitkopf Property Address: 565 Ocean Street, Hyannis, MA Assessor's Map/Parcel Map 324, Parcel 114 Zoning: RB Residential B Zoning Groundwater Overlay: AP Aquifer Protection District Appeal No.1996-120 Special Permit Pursuant to Section 3-1.1 (3)(A) Permission to continue nonconforming use of lodging house with six units Special Permit Pursuant to Section 4-2.8, Reduction of Parking Requirements Background: The property consists of seven lots ranging in size from .16 to .26 acres. The lots are shown on Assessor's Map 324 as Parcels 43, 45, 48-2, 49, 113, 114 and 117. They are addressed as 493, 503, 511, 525, 535, 549 and 557 Ocean St., Hyannis. Each lot is improved with a wood frame house. These were originally individual units of the"Sun 'n' Surf Motel,"which was built in the 1960's. According to Assessor's records, each house has contained six bathrooms since the mid-1970's. Building Department records show that at various times during the 1970's and 1980's, dormers were added to many of the structures. According to Building Department records, the interiors consist of six motel-type units with their own bathroom. The buildings are now used as lodging houses for six lodgers each. There have been reports that the basements are also occupied. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 1, 1996. 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 September 25, 1996, at which time the Board found to deny the Special Permit. Board Members hearing these appeals were Richard Boy, Emmett Glynn, Ron Jansson, Elizabeth Nilsson, and Chairman Gail Nightingale. Attorney Benjamin E. Zehnder represented the Applicants. The Board and Attorney Zehnder agreed to have Appeal Number 1996-119 through Appeal Number 1996-125 heard together. Also present was Marie Dempsey. Hearing Summary: Attorney Zehnder gave a history of the property stating it was formerly known as the Sun `N Surf Motel and owned by Richard Vendola. The property was foreclosed upon by the bank, Cape Cod Bank and Trust Co., who then resold the units to the Petitioners. There is a total of seven buildings. One building is owned by Ms. Dempsey, three are owned by Mr. Breitkopf and three units are owned by a corporation. Mr. Breitkopf is a principle of Secured Capital Corp. of NY and Ms. Dempsey is related to an officer of Secured Capital Corp. of NY. The properties are being operated conjunctively but individually owned as investment property. The properties were built in the early 1960s and have always been used as a motel or lodging house. The property has never been given relief from zoning. The lodging licenses that are currently on the property were issued until August 11, 1996 and extended to December 31, 1996 while the applicants are applying for zoning relief. The Applicant would like to use this property as it has been historically used since the property has been in existence. Attorney Zehnder showed the Board the Assessor's Maps of the vicinity of the locus which shows there are three hotels, and many, many lodging houses, including several bed and breakfast homes. The use Zoning Board of Appeals Decision and Notice .s Appeal No. 1996-120 Jack Breitkopf is ve y typical for the area and granting the Special Permit would not be detrimental to the neighborhood. The property is now being renovated. Regarding parking, Mr. Zehnder indicated that since the Petitioner is limited to 6 lodgers, they feel they only need 6 spaces, the owners are allowing "cross use"of the property to make up the differences in parking requirements. There is an undeveloped lot(Assessor's Lot 44) and the applicants would be willing to make spaces available on that lot if the Board felt it necessary. Public comments: Chairman Gail Nightingale indicated there are twenty-six (26) letters in the file in opposition to these appeals. Their names were read into the record. Marie Dempsey(the applicant) spoke in support of the appeal. Also speaking was Attorney Charles Sabatt. He represented a number of abutters who in the Yachtsman Condominiums across the street. They are in opposition to these appeals. He stated that the houses need to be owner occupied if they are to rent rooms as that is clearly what the Zoning Ordinance allows for. He explained how there is not adequate parking for lodgers in this highly congested area. If the Board grants their request, there is the potential for 42 lodgers at any given time which equates to the potential of 42 cars. This area cannot handle that influx. Also, there are no sidewalk available. Attorney Sabatt told the Board that there have been many police calls to the area and to grant the relief would be in derogation of the spirit and intent of the Zoning Ordinance. Also speaking in opposition was Hugh Findlay. In rebuttal, Attorney Zehnder stated the historical use of the property has always been as a lodging house. As far as the parking issue, to grant the relief would not be more detrimental to the area as it is already congested. He stressed that the Special Permits would be within the spirit and intent of the Zoning Ordinance. The Board was concerned with the number of calls to the police station. Attorney Zehnder explained that those tenants are no longer in the units and have been evicted. Findings of Fact: Based upon the testimony given during the public hearing on Appeal Number 1996-120,the Board unanimously found the following findings of fact: 1. The applicant is Jack Breitkopf. 2. The property in issue is 565 Ocean Street, Hyannis, MA on Assessor's Map 324, Parcel 114 in an R.B Residential B Zoning District. 3. The Petitioner is seeking a Special Permit to allow the renting of rooms to not more than six lodgers in a multi-unit dwelling. The applicant is also seeking a Special Permit for the Reduction of Parking Requirements. 4. The lot itself provides for only 2 parking spaces. 5. The area of Ocean Street and Gosnold Street experiences congested traffic in the summer due to its location near the Hyannis Terminal of the Steamship Authority and its location near the various public beaches in the area. To allow additional people on to this site would add more congestion and confusion to the area. 6. To grant the relief being sought for six lodgers would be in derogation of the spirit and intent of the Town of Barnstable Zoning Ordinance with regards to the parking regulations. 7. Given the parking situations, the granting of the relief for six lodgers would be detrimental to the neighborhood. Decision: Based upon the findings of fact in Appeal Number 1996-120, a motion was duly made and seconded to deny the relief being sought. The vote was as follows: AYE: Elizabeth Nilsson, Ron Jansson, Emmett Glynn, Richard Boy, and Chairman Gail Nightingale NAY: None 2 I Zoning PP Board of Appeals Decision and Notice Appeal No. 1996-120 Jack Breitkopf ORDER: In Appeal Number 1996-120,the Special Permit 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. , 1996 Gail Nightingale, 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 1996 under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk k 3 Assessor's map and lot number .�� �,;,,,.�.�'.�� o�•M ae� AWC SYSTEM MUST �oF TN a Toy Q Sewage Permit number ............... ......... ^444-���NS'�. .SLR iIV COMI�LIAI<!C UU Z BAWSTADLE, i WITH TITLE 5 MAGIL House number ..................�.........,......................................... 9 A NVIRO NMENTAL COM`-- AND ��'°rFo�pY Ar- TOWN OF BARNS§'TA B'LE NUI'LDING INSPECTOR APPLICATION FOR PERMIT TYPE OF CONSTRUCTION f...../........................:.................. p.d...1��.. ................19. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .����?5.........06e��!4�..��...............�7���!1!/Y�1...................................................... ................................... ProposedUse .lL�`� 1�/ ..... / ......zov. ............................................................................................................ ZoningDistrict .........................................................................Fire District ..`.................................................. Name of Owner ..�axo.4(,).....Vtulpa.lr� .`,�b ,CUrKf. s /�.o(��•`Z! T .. ... .............. ....................Address ........... ...... ..... � Name of Builder ..��L�� (xyz...... �Y�l.r.................Address .1�• :.�U:�...`6..............�... .......................... Name of Architect Address ...... .................................................................... Numberof Rooms ..............................................................Foundation ....................................................... 2,/ `llZ...L�L�6�� �C�!/ 4 Roofing .....4VNd� l Exterior ................ ...........,............................ . ................................... q-dX Floors .....................I�. /�,l��k .e......Interior .................... .............................. Heating ..................................................................................Plumbing ....../VC2 A-1-4zor�.. ........................................................... Fireplace ...... 0: AL..........................................................Approximate Cost Definitive Plan Approved by Planning Board ________________________________19________. Area A...1/ 4!Z;!......C. Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH e ti r I hereby agree.to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .. .... ......................... VENDOLA, IlICHJ\RD 23204 ADDITION No ................. Parmhfor .................................... To Second Floor ^ ` ----~---~--'--'------------'' 565 Ocean Street Location ---.------------------ ' Hyannis _-----=..-------------.�---. ' Richard \/eodol ! Owner /--^-----_____..��—_____— - Frame Type� bf [on6�ucfion^ .. .---.�—..�---. '^ --�.)�..---,-----=------..._--.. , � / Pk� '.�—'�-----.�� Lot ................................. ` �* . °� Joue 15' 81 � xGronte6 -------------.�lP Date of Inspection ---- --..lg ^ . ' . Date Eomo��e6 -- �1—.]g . - ^r - � . . IV ^ ' ' / ' o lQ .. — .. .'.. —.— .. —.....— . ...— -------. .~ ...................................................... ° � ` , --. .--.—..~~.—..'»..~.~.'~~'�---� ' .-- .--.-.----.....,^^.—..-.—.....' . . . � ~ ' —.�—!.�------------. �� � Approved - —.--.----.----~.'.'...--~—.--_.— -----------..---------..°-.-- : , ( Assessor's map and lot number :} . ....;� ./...Y.... 1 ....... QyOF THE TO�y Sewage Permit number ..,....... ,,,. - U Z 33AR33TADLE, House number ........le:;: ................................................ r rasa Op 1639, \0� iOTFp yPY p" TOWN OF BARNSTABLE BUILDING ' INSPECTOR APPLICATION FOR PERMIT TO '?!V! ... :�(= ..'L / TYPEOF CONSTRUCTION .......................... ..................................... ................................................................. ........E-a /( z................19.F f TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: � � . . .N..... � � .�r�s� ....................................................Location ..4.:..................... ProposedUse ../. �, , � !' ..... .4f.-Z)...... 'W..j-s.................................................................................. I......................... ZoningDistrict ........................................................................Fire District ........................~........................................................ Name of Owner .. E /t'1 �/,. ...... ;1�l la (...............Address 1, G... ; n.j..... 5 Name of Builder ...,%1� '1�/cff...... e!/�!?�r/ _................AddressrJ�.! l> Z�/ /� /%fit fY/.,� ........ ................................. ........................... Name of Architect Address ......io!!'...................................................................... Number of Rooms .....9�n.......................................................Foundation .... ! liV ........................................................ Exterior 2//�/% �`.�,/�' ,f 4/'`/N�/rf Roofing ..... /��f�f`/�`f/.�........................................................ .......... ........................... . ..................... Floors e. l � ,/3r/���.�......Interior .:..t .................................................... Heating ... / Plumbing ..:..off 1 ... Fireplace .... lve /n ...........................................................Approximate Cost ........ t'-�:............................................. Definitive Plan Approved by Planning Board ________________________________19________ . Area Diagram of Lot and Building with Dimensions" Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH 4 I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. A. Name &`i;✓ ' i�✓l!ars..f � '...................... VENDOLA, RICHARD =324-1�`4, 23204 ADDITION No ................. Permit for .................................... To Second Floor ............................................................................... 565 Ocean Street Location ................................................................ Hyannis . ............................................................................... Owner ......Richard Vendola ........................................................... . Frame Type of Construction .......................................... Plot ............................ Lot :................................ June 15, 81 Permit Granted ........................................19 Date of Inspection .....19 Date Completed ...................................... PERMIT REFUSED ................................. ........................... 19 .'...................................... Approved ................................................ 19 ............................................................................... ............................................................................... The Town �of 9 Barnstable BIAM 1639. .0 Department of Health Safety and Environmental Services TEO �A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Fax: 508-790-6230 Ralph Crossen Building Commissioner January 22, 1996 Donald F.Henderson,Esquire 776 Main Street Hyannis,MA 02601 Dear Attorney Henderson: Please be advised that the following properties are considered single family homes from a zoning perspective and must be used accordingly: f 1. 493 Ocean Street 2. 503 Ocean Street 3. 511 Ocean Street 4. 525 Ocean Street 5. 549 Ocean Street 6. 557 Ocean Street 7. 565 Ocean Street 8. 15 Gosnold Street I trust your client will properly disclose this at the upcoming foreclosure sale. The new owners must contact my office to arrange'for a conversion back to single family homes. If I can be of any further assistance,please do not hesitate to call. Sincerely, 41ph M.Crossen Building Commissioner 4 RMC/km - G j I e i BANNBPABIE. MASS 8 Town of Barnstable Zoning Board.of Appeals Decision and Notice Appeal No. 1996-120 Jack Breitkopf Special Permit Pursuant to Section 3-1.1 (3) (A) Special Permit Pursuant to Section 4-2.8 Reduction of Parking Requirements Summary Denied Applicant: Jack Breitkopf Property Address: 565 Ocean Street, Hyannis, MA Assessor's Map/Parcel Map 324, Parcel 114 Zoning: RB Residential B Zoning Groundwater Overlay: AP Aquifer Protection District Appeal No.1996-120 Special Permit Pursuant to Section 3-1.1 (3)(A) Permission to continue nonconforming use of lodging house with six units Special Permit Pursuant to Section 4-2.8, Reduction of Parking Requirements Background: The property consists of seven lots ranging in size from .16 to .26 acres. The lots are shown on Assessor's Map 324 as Parcels 43, 45, 48-2, 49, 113, 114 and 117. They are addressed as 493, 503, 511, 525, 535, 549 and 557 Ocean St., Hyannis. Each lot is improved with a wood frame house. These were originally individual units of the"Sun 'n' Surf Motel,"which was built in the 1960's. According to Assessor's records, each house has contained six bathrooms since the mid-1970's. Building Department records show that at various times during the 1970's and 1980's, dormers were added to many of the structures.According to;Building Department records, the interiors consist of six motel-type units with their own bathroom. The buildings are now used as lodging houses for six lodgers each. There have been reports that the basements are also occupied. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 1, 1996. 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 September 25, 1996, at which time the Board found to deny the Special Permit. Board Members hearing these appeals were Richard Boy, Emmett Glynn, Ron Jansson, Elizabeth Nilsson, and Chairman Gail Nightingale. Attorney Benjamin E. Zehnder represented the Applicants. The Board and Attorney Zehnder agreed to have Appeal Number 1996-119 through Appeal Number 1996-125 heard together. Also present was Marie Dempsey. Hearing Summary: Attorney Zehnder gave a history of the property stating it was formerly known as the Sun `N Surf Motel and owned by Richard Vendola. The property was foreclosed upon by the bank, Cape Cod Bank and Trust Co., who then resold the units to the Petitioners. There is a total of seven buildings. One building is.owned by Ms. Dempsey, three are owned by Mr. Breitkopf and three units are owned by a corporation. Mr. Breitkopf is a principle of Secured Capital Corp. of NY and Ms. Dempsey is related to an officer of Secured Capital Corp. of NY. The properties are being operated conjunctively but individually owned as investment property. The properties were built in the early 1960s and have always been used as a motel or lodging house. The property has never been given relief from zoning. The lodging licenses that are currently on the property were issued until August 11, 1996 and extended to December 31, 1996 while the applicants are applying for zoning relief. The Applicant would like to use this property as it has been historically used since the property has been in existence. Attorney Zehnder showed the Board the Assessor's Maps of the vicinity of the locus which shows there are three hotels, and many, many lodging houses, including several bed and breakfast homes. The use wl „ Zoning Board of Appeals Decision and Notice Appeal No.1996-120 Jack Breitkopf is very typical for the area and granting the Special Permit would not be detrimental to the neighborhood. The property is now being renovated. Regarding parking, Mr. Zehnder indicated that since the Petitioner is limited to 6 lodgers, they feel they only need 6 spaces, the owners.are allowing "cross use"of the property to make up the differences in parking requirements. There is an undeveloped lot(Assessor's Lot 44) and the applicants would be willing to make spaces available on that lot if the Board felt it necessary. Public comments: Chairman Gail Nightingale indicated there are twenty-six(26) letters in the file in opposition to these appeals. Their names were read into the record. Marie Dempsey(the applicant)spoke in support of the appeal. Also speaking was Attorney Charles Sabatt. He represented a number of abutters who in the Yachtsman Condominiums across the street. They are in opposition to these appeals. He stated that the houses need to be owner occupied if they are to rent rooms as that is clearly what the Zoning Ordinance allows for. He explained how there is not adequate parking for lodgers in this highly congested area. If the Board grants their request, there is the potential for 42 lodgers at any given time which equates to the potential of 42 cars. This area cannot handle that influx. Also, there are no sidewalk available. Attorney Sabatt told the Board that there have been many police calls to the area and to grant the relief would be in derogation of the spirit and intent of the Zoning Ordinance. Also speaking in opposition was Hugh Findlay. In rebuttal,Attorney Zehnder stated the historical use of the property has always been as a lodging house. As far as the parking issue, to grant the relief would not be more detrimental to the area as it is already congested. He stressed that the Special Permits would be within the spirit and intent of the Zoning Ordinance. The Board was concerned with the number of calls to the police station. Attorney Zehnder explained that those tenants are no longer in the units and have been evicted. Findings of Fact: Based upon the testimony given during the public hearing on Appeal Number 1996-120, the Board unanimously found the following findings of fact: 1. The applicant is Jack Breitkopf. 2. The property in issue is 565 Ocean Street, Hyannis, MA on Assessor's Map 324, Parcel 114 in an R.B Residential B Zoning District. 3. The Petitioner is seeking a Special Permit to allow the renting of rooms to not more than six lodgers in a multi-unit dwelling. The applicant is also seeking a Special Permit for the Reduction of Parking Requirements. 4. The lot itself provides for only 2 parking spaces. 5. The area of Ocean Street and Gosnold Street experiences congested traffic in the summer due to its location near the Hyannis Terminal of the Steamship Authority and its location near the various public beaches in the area. To allow additional people on to this site would add more congestion and confusion to the area. 6. To grant the relief being sought for six lodgers would be in derogation of the spirit and intent of the Town of Barnstable Zoning Ordinance with regards to the parking regulations. 7. Given the parking situations, the granting of the relief for six lodgers would be detrimental to the neighborhood. Decision: Based upon the findings of fact in Appeal Number 1996-120, a motion was duly made and seconded to deny the relief being sought. The vote was as follows: AYE: Elizabeth Nilsson, Ron Jansson, Emmett Glynn, Richard Boy, and Chairman Gail Nightingale NAY: None 2 Zoning Board of Appeals Decision and Notice Appeal No. 1996-120 Jack Breitkopf ORDER: In Appeal Number 1996-120,the Special Permit 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. ad v , 1996 GoNightin ' g , Chairm 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 o 1996 under the pains and penalties of perjury. Lind r 3 i e � � W. � � � L �_ ___. - _ _� � _�_._�____��__--_-_.___.._ _ _.___�.li ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW 25 MID TECH DRIVE, SUITE C WEST YARMOUTH, MASSACHUSETTS 02673 (508) 775-3433 (508) 790-4778 Edward J.Sweeney,Jr. Richard P.Morse,Jr. Michael B.Stusse Betsy Newell Donna M.Robertson Thomas P.Carpenter Matthew J.Dupuy Kelly S.Jason Charles M.Sabatt Herbert F.Lach,Jr. Charles J.Ardito P.C. Please Refer to FILE No. 5465X July 2, 2003 Mr. Thomas Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: 565 Ocean Street, Hyannis, MA Map 324, Parcel 114 557 Ocean Street, Hyannis, MA Map 324, Parcel 043 549 Ocean Street, Hyannis, MA Map 324, Parcel 045 Dear Mr. Perry: Thank you very much for your letter of June 24, 2003 regarding the above. I appreciate the thorough and detailed work that you did in investigating my client's complaint. I have forwarded your letter to my clients and am awaiting their reaction. Additionally, I appreciate the fact that you are clearly intending to monitor these properties with the intention of insuring that they are used in a lawful manner. Thank you for your efforts and your courtesy. Sincerely, IS d 110 Charles M. Sabatt CMS:eah,. ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW 25 MID TECH DRIVE, SUITE C WEST YARMOUTH, MASSACHUSETTS 02673 (508) 775-3433 (508) 790-4778 Edward J.Sweeney,Jr. Richard P.Morse,Jr. Michael B.Stusse Betsy Newell Donna M.Robertson Thomas P.Carpenter Matthew J.Dupuy Kelly S.Jason Charles M.Sabatt Herbert F.Lach,Jr. Charles J.Ardito P.C. Please Refer to FILE No. 5465X June 4, 2003 Mr. Thomas Perry Building Commissioner Town of Barnstable 200 Main Street i Hyannis, MA 02601 - Re: 565 Ocean Street, Hyannis, MA Map 324, Parcel 114 557 Ocean Street, Hyannis, MA Map 324, Parcel 043 549 Ocean Street, Hyannis, MA Map 324, Parcel 045 Dear Mr. Perry: The undersigned represents the Trustees of the Yachtsman Condominium Trust who in turn represent the interests of all of the unit owners of the Yachtsman Condominium located at 500 Ocean Street, Hyannis, MA. This letter is a demand for enforcement pursuant to Massachusetts General Laws, Chapter 40A, Section 7 and Section 13. The.above described parcels are located within an RB Residential District for which the principal permitted use is a single family residential dwelling. One of the accessory uses permitted within an RB District is the "renting of rooms for not more than three (3) non-family members by the family residing in a single-family dwelling." Thomas Perry Page 2 June 4, 2003 According to my clients for the past several years each of the above referenced properties, and in particular 565 Ocean Street have been occupied during the summer and especially on weekends by large groups of as many as twenty (20) or thirty (30) young people. There have been ongoing continuous parties, noise, drinking, and generally offensive and loud conduct. There are cars and vehicles parked all over the area including a town owned parcel directly abutting 565 Ocean Street. The use of these properties by these uncontrolled groups has had a significant deleterious effect upon the residents of the Yachtsman Condominium most of whom are families with children. The quiet enjoyment of their properties has been significantly disrupted and the values of their properties diminished by the ongoing disruptions emanating from the above referenced properties. In 1996 the owner of the three properties applied for special permits from the Barnstable Zoning Board of Appeals to permit him to rent each of the dwellings to six (6) lodgers. The Barnstable Zoning Board of Appeals denied the requested relief, notwithstanding the fact that according to the assessor's records each of these structures contains six (6) bedrooms and six (6) bathrooms. Nonetheless, under the applicable zoning regulations quoted above the owner of the above structures are limited to the renting of rooms to no more than three (3) non-family members by a family residing within each of the dwellings. Since 1996 these properties, and again in particular 565 Ocean Street, have been the subject of ongoing investigations and enforcement actions by your office. Most recently on March 20, 2003 you sent a warning notice to Ms. Arlene C. Latimer the owner of 565 Ocean Street in which you admonished her that if there were further problems with the property that you would take immediate action "...to vacate the building." I regret to advise you that since your letter there has been no abatement of the problem and during each weekend the properties are occupied by large, boisterous, loud, and obnoxious groups. I am enclosing herewith for your reference a photograph of 565 Ocean Street taken on May 1, 2003 which shows numerous vehicles parked outside of the property and on the parcel owned by the Town of Barnstable as evidence of the occupancy of the structure. It would appear that the property owners of the above referenced parcels are operating in violation of current zoning in that they are renting to more than three (3) lodgers and it would appear that there is no family which is resident within the dwelling acting as the landlord or supervisor of the residents' conduct. Thomas Perry Page 3 June 4, 2003 By reason of the foregoing, I hereby request that you undertake one or more of the following actions: 1. Issue a cease and desist order to each of the property owners prohibiting them from renting any of the property; and/or 2. Revoke the occupancy permits for each of the dwellings; and/or 3. Impose appropriate daily fines or penalties for each day during which the properties are occupied; and/or 4. Take appropriate enforcement through an equitable action filed in the Barnstable Superior Court or elsewhere to restrain and enjoin the owners from renting these dwellings; and/or 5. Take such other action that you may deem appropriate to enforce the Barnstable Zoning Bylaw. Thank you very much for your attention to this matter. Sincerely Charles M. Sabatt CMS:eah Enc. c.c. Arlene C. Latimer Michael D. Forance Yachtsman Condominium Trust FA t.'4.40�" r. ,4b z7;7 'F t t l s g°5•3$:Ywr*ki C t �. fi ' .�a' _ ...--. F :� - i d `'l'i,'f sg yd��r• �r S 'n' _ ...� .. _. �.1 aai e ,mfa 1Yt 73_�v�--.. '•rr ®/ 0 11' t4 �s i2,f� j ' 'f" ifi r 2. Ills++.+�4 N•a°= a tc'+ e ' r 4t t�i'� {tz�l�nf�ti�y}yai�`Y�W �:.t� Jf + aft ��' .. _ - +t'4n�'uf��x+t•ay eh4��P1 $�.:. u� P �' 4�.r3�.`-�.r g+4� Ty�'.a ""hSt ✓x t '",�: '1I "Y'rti 'V t'ts �h L o Eis OR a'k aT'- kaY�°�iStis z'!ir i ��h�'`t � s o ,N 57�t € ? 5 •4� + �' c c �� "=�� �•'?� � ,:� <-'� ��:- rfyt.a .t �,�aa �,t�.-�x£ ,t,1x 4 c+N1.. t. •r -ac` t;:i �!'`t,. +1 s.. �i'� t �. < £ ty rnr3. -mot d;ki:X ,ss^' rt2,r'^ a. .r 't s '�{�."N7:4 1k. V 5,'.r ,..°'3 �"' ^k t L•-. 70 WIN _�,.. � i t n;•; } we t ?fi�.p�S�YiR�€�'a�� w�q'"f Yy,a4q�r�; +�"M�tx-.� L �c. s•r W''� ' � V yq , tv z k t IN - e,,,;��� �• fi of: 3 3 hi tf Q 0 I °FIHE T� Town of Barnstable Regulatory Services BARNSTABLE` i Thomas F.Geiler,Director 1 Ma+°' � Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 June 24,2003 Ardito,Sweeney, Stusse,Robertson&Dupuy,P.C. Attorneys At Law 25 Mid Tech Drive West Yarmouth,MA 02673 RE: 549 Ocean Street,Hyannis 557 Ocean Street,Hyannis 565 Ocean Street,Hyannis Dear Attorney Sabatt: This letter is in response to your letter date June 4, 2003 regarding the above referenced properties. The above referenced properties are 3 single-family homes with#557 being owner- occupied. This office realizes#565 has had numerous complaints going back to at least 2001. There have been no problems brought to my attention within the past year at this address. I met with the owners of these properties on June 19, 2003 so I could view the properties myself. The owner of#565 admitted there had been problems with a group they had rented to last summer. The owner has taken steps to not rent to that particular group in the future.In the pictures you provided there appears to be eight cars in the parking area beside the house. How many people this could translate to is hard to come to because of all the variables involved.We have kept an eye on the property by driving by early in the morning and in the early evening and also requested the police keep an extra eye on the property for over crowding. We found no evidence of any over crowding. So far this year the group renting the house at the time the pictures were taken was an environmental group doing studies in the area. The interior of the house shows no signs of it being abused or over crowded.The interior is clean and well kept and the owners wish that it stay in this condition.As a result,they have become more selective in choosing their tenants. There is a notation on the picture that there is no parking for this property and the abutting lot is the Town's property. The assessor's maps show there is a minimum of 30 feet from the house to the property line,not against the house as indicated in the picture.If the occupants were parking on Town property,it would constitute trespassing and this would be enforced by the Police Department,not the Building Department. I have also visited#557 and#549 Ocean Street in Hyannis. These dwellings are similar in layout and are in just as good condition if not better and just as well maintained as#565.#557 Ocean Street is owner occupied and is not rented out in any manner at this time.#549 Ocean Street is rented on a weekly basis by the owners who occupy#557 Ocean Street. The zoning ordinance allows a person to rent rooms to not more than 3 non-family members by the family residing in the single-family dwelling.The ordinance does not restrict a homeowner_to only renting to three people.It is my opinion that these houses are within their bounds of the zoning ordinance.There is no prohibition of renting a dwelling in the manner that is currently occurring.These owners have the right to rent their properties. Please feel free to contact me at 508-862-4038 should you have any further concerns. Sincerely, ��O___� Tom Perry Building Commissioner TP/ST Town of Barnstable_ Building Division d' 200 Main St. Hyannis, MA 02601 Ms. Arlene C. Latimer 3 Imperial Ln. Ballston Lake, NY 12019 Town of Barnstable Building Division 200 Main St. Hyannis, MA 02601 Mr. Michael Foran ce PO Box 2523 Hyannis, MA 02601 500 Ocean St#19 Hyannis,MA-02601 Yachtsman Condominiums MARC ROBINSON RESIDENT MANAGER ' Off.508-775-1515 Res.508-775-0878 1 Ce11508-737-6927 E-Mail marobin®attbi.com ` l Town of Barnstable P�oFT►+E'oytic Regulatory Services ' Thomas F.Geiler,Director A � B''' KAM. ' ` Building Division 9 MA39 0p iOtEo Mpy a Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 COMPLAINVINQUIRY REPORT Date: Rec'd by: Complaint Name: LR ' I jD�� Map/Parcel �� 7 Location Address: Originator Name: Street: Oc F—" S Village: State: Zip: 6d4G Telephone: _ 2D` 9 J- Complaint Description: V F rJ c cra N U: cs FOR OFFICE USE ONLY Inspector's Action/Comments Date: Inspector: t ao e� m 40 Additional Info.Attached Q:fonns:complaint 00 KIF 1 -5 r f k �y�OFTME Tp� Town of Barnstable BMWSPABLE, : Regulatory Services MAffi9^ 1 . ,prep 39. A Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 April 1,2002 Dear Real Estate Business Owner or Manager: . As another summer season approaches,we at the Barnstable Building Division are preparing for our seasonal workload. Normal building inspections take up a good portion of our time,but just as time-consuming are the zoning complaints. As you may recall,over-rented"party houses"made the news in recent years after the Town of Barnstable's Building Inspectors made several visits as a result of disturbances and complaints. The fact that these houses were over-rented may not have been done by many of you intentionally or recklessly. It is the intention of this letter to officially inform you all of what is lawful and what is not. In most areas of Barnstable anything other than a single-family home should be checked out with my office prior to marketing. If you see a second kitchen or kitchenette,a bell should go off. Either pre-existing nonconforming (grandfathered)rights or some form of Zoning Board of Appeals relief will need to be documented in order for multiple units on the same lot to be lawful. I would recommend that you get this information at the time you are asked to market the property. Call Gloria Urenas of my office(508 862 4036) and we will verify your information. As far as single-family homes are concerned,please be advised that under Massachusetts law a limit of one principal,individual or family,and up to three lodgers are allowed per dwelling. If all people are individuals and not in the same family,this means four people! Many of our problems come about when individual houses are rented to large numbers of people. The only way this can be lawful is if a variance from the Zoning Board of Appeals is issued for a boarding house,the building is modified as required in the Building Code(alarms,two means of egress from each floor,stairway modifications and other items)and a Certificate of Occupancy is issued by my office. Sincerely, Tom Perry Building Commissioner cc: John Klimm,Town Manager JoEllen Daley,Assistant Town Manager Thomas Geiler,Director of Regulatory Services Thomas McKean,Director of Public Health Ron Jansson,Chairman of Zoning Board of Appeals Q020401a i Smooth Feed SheetSTM Use template for 51600 Tina Carey Joseph E Carroll Anne D Blatr F Carey Real Estate e Direct Kinlin Grover GMAC Real Estate 577 Main Street Festiovalval Mall 1070 lyannough Road 610 West Main Street Hyannis MA 02601 Hyannis MA 02601' H yannis MA 02601 David Harris Christine Covell Adrienne G Siegel Prime Real Estate Services Heritage Realty & Develop, Inc Strawberry Hill R E 456 Bearses Way 72 Pine Street 340 West Main Street Hyannis MA 02601 'Hyannis MA 02601 Hyannis MA 02601 Peter C Bennett Nancy L Johnson Douglas M Frisby Coastline Real Estate Nancy Johnson Real Estate Yachtsman Condo Rental &Sales 610 West Main Street PO Box 342 PO Box 939 Hyannis MA 02601 Hyannis MA 02601-0342 Hyannis MA 02601-0939 Allen J White Marcel R Poyant Edmond W Dery Jr A J White & Company Rene L Poyant Inc Cape Cod Rentals'N Realty Inc PO Box 979 PO Box K PO Box 1611 Hyannis MA 02601-0979 Hyannis MA 02601-1410 Hyannis MA 02601-1611 Christopher E Coy M Ellen Kavanagh M Jacqueline C Judge Realty Executives Markwood Real Estate Judge Realty 1330 Phinney's Lane 110 Breeds Hill Rd Ste 10 1101 Pitchers Way Hyannis MA 02601-1837 Hyannis MA 02601-1864 Hyannis MA 02601-2214 Jacques N Morin Philip A Baker Dennis M Carey Morin Realty Phil Baker's Real Estate Harvard Realty Associates 300 Bearses Way 200 Stevens St, Apt Q14 17 High School Rd Hyannis MA 02601-2766 Hyannis MA 02601-3755 Hyannis MA 02601-3901 Paul Drouin William F Hurley John 0 Drew Paul Drouin, REALTOR The Hurley Company John A Drew, REALTOR 104 Pleasant St 59 School Street 776 Main St Hyannis MA 02601-4012 Hyannis MA 02601-4301 Hyannis MA 02601-4301 Richard R Saccone Margo Wharton Richard D Arenstrup Grant& Lee Real Estate Shoreland Real Estate Castle Pointe Realty 765 Falmouth Rd, Rte 28 724 Main Street PO Box 2248 Hyannis MA 02601-4365 Hyannis MA 02601-4365 Hyannis MA 02601-7248 Clifford Hagberg Anne M Berard Richard F Schiffmann IVS Realty Buyer Brokers of Cape Cod Bayview Real Estate PO Box 2837 PO Box 957 PO Box 165 Hyannis MA 02601-7837 Barnstable MA 02630 Barnstable MA 02630-0165 Ross A Joly Ruth Cutler John C. Turner Joly, McAbee &Weinert L.L.C. Bay Harbor Realty Classic 2000 Real Estate Inc. PO Box 217 PO Box 932 P O Box 249 Barnstable MA 02630-0217 Barnstable MA 02630-0932 Centerville MA 02632 nl AVEl2Y® Address Labels Laser 51600 Smooth Feed SheetSTM Use template for 51600 Stanley P Nowak Brian Cobb Jeffrey F Komenda TOPSAILS REAL ESTATE CENTURY 21 Cobb-Nowak Komenda Associates Inc 1550 Falmouth Rd, Suite#6 1550 Falmouth Rd, Rte 28 PO Box 160 Centerville MA 02632 Centerville MA 02632-0000 Centerville MA 02632-0160 Patricia Gisleson Colleen A Riley Catherine C Johnson Capewide Realty Unique Real Estate C. Johnson &Co. PO Box 247 404 Main St 1645 Falmouth Rd Ste 1A Centerville MA 02632-0247 Centerville MA 02632-2916 Centerville MA 02632-2934 Bernard W Klotz John J Pendergast Steven A. Mele B K Real Estate J J Pendergast Jr REALTOR Summer Wind R E 1645 Falmouth Rd Ste 1 B 1491 Falmouth Rd 56 Lakeview Drive Centerville MA 02632-2934 Centerville MA 02632-2945 Centerville MA 02632-2948 James Machnik Vivian F Nault Ronald J Mycock Today Real Estate Vivian's Real Estate Mycock Real Estate 1533 Falmouth Rd 627 S Main St PO Box 437 Centerville MA 02632-2951 Centerville MA 02632-3409 Cotuit MA 02635-0437 Deborah Garner Hans S Heussler Stephen Pickul CENTURY 21 Cape Sails, Inc. West Bay Real Estate Land &Sea Realty 877 Main Street 23 West Bay Road 8 West Bay.Rd, Suite C Osterville MA 02655 Osterville MA 02655 Osterville MA 02655 Stephen E Murray Stephen H Perry John B Cotton Jr C/B Murray Real Estate Buyer Brokerage of Osterville Cotton Real Estate, Inc 2957 Falmouth Rd, Route 28 PO Box 27 PO Box 68 Osterville MA 02655-0000 Osterville MA 02655-0027 Osterville MA 02655-0068 Clifford W Dow Jr Frank A Sullivan James H Crocker Jr Clifford W Dow Jr, REALTOR Frank A Sullivan Real Estate Wianno Realty PO Box 404 PO Box 415 PO Box 496 Osterville MA 02655-0404 Osterville MA 02655-0415 Osterville MA 02655-0496 Carla J Roy Herbert S Pheeney Marie D Crovo Carla J Roy&Associates Oyster Real Estate Dunhill Real Estate PO Box 574 PO Box 1017 776 Main St Osterville MA 02655-0574 Osterville MA 02655-1017 Osterville MA 02655-2011 James E Murphy Sr Philip C McCartin William Archibald Archibald Real Trust James E Murphy Inc McCartin REACTORS Realty 30 Wianno Ave. 872 Main St 9 Parker Rd Osterville MA 02655-2012 Osterville MA 02655-2013 Osterville MA 02655-2041 Caroline B Donahue Floyd J Silvia Gaile McShane Alice D Mattison &Co. Prudential Premier Properties McShane Const Company, Inc 901 Main St P 0 Box 200 PO Box 429 Osterville MA 02655-2053 Osterville MA 02655-2915 Osterville MA 02655-9429 CA Address labels Laser 51600 Smooth Feed Sheets""" Use template.for 51600 Michele S. Carreiro Martin C Traywick Carreiro Real Estate Craigville Realty Co P O Box 914 PO Box 216 West Barnstable MA 02668 West Hyannisport MA 02672-0216• j Coordinator Council on International Educational Exchange 205 East 42nd Street New York, NY 10017 Manager New York Student Center 895 Amsterdam Avenue at West 103rd Street New York, NY 10025 Chief Neil Nightingale Barnstable Police Department 1200 Phinney's Lane Hyannis, MA 02601 I Town of Barnstable f MARNSTAOM Regulatory Services 9�A i639• Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: Cape Cod Real Estate Board ATTN: Pat Nicholson FAX NO: 508 7710067 FROM: Lois Barry DATE: 4/3/02 PAGE(S): _2_ (INCLUDING COVER SHEET) Geri Rogers said that you would be able to provide a list of Barnstable Realtors to us on labels so that we can send the attached letter. We will need labels for the following zip codes: Barnstable 02630 Centerville 02632 Cotuit 02635 Craigville 02636 Hyannis 02601 Hyannis Port 02647 Marstons Mills 02648 Osterville 02655 West Barnstable 02668 West Hyannisport 02672 We would like to send the letter as soon as possible, so I'll call you tomorrow to see when I will be able to pick up the list. Thank you for your help Y REALTOR LIST: B K Real Estate,Inc. 1645 Falmouth Road Centerville,MA 02632 Bay Harbor Realty 3227 Main Street Barnstable,MA 02630 Bayview Corp. 2 P.O.Box 2048 Centerville,MA 02632 Campbell Lawrence,Broker Route 134 Hyannis,MA 026Q1 • ' Cotton Real Estate 851 Main Street Osterville,MA 02655 Cotton Real Estate 6 School Street Cotuit,MA 02635 Craigville Realty Co. 648 Craigville Beach Rd. West Hyannisport,MA 02601 Dacey Homes 100 West Main Street Hyannis,MA 02601 Donahue Associates Realtors 1170 Route 6A West Barnstable,MA 02668 Eveland Real Estate 3220 Main Street Barnstable,MA 02630 Grant&Lee Real Estate 724 Main Street Hyannis,MA 02601 Harvard Realty Assoc. 17 High School Road Hyannis,MA 02601 g960503a REALTOR LIST(cont'd.) Hostetter Realty 770-A Main Street Osterville,MA 02655 Joly Realty 3231 Main Street Barnstable,MA 02630 Joly Realty 194 Main Street Barnstable,MA 02630 Kinlin Grover Properties 4 Wianno Avenue Osterville,MA 02655 Marina Landing Realty 140 Main Street West Dennis,MA Osterville Realtors 876 Main Street Osterville,MA 02655 Morin Realty&Associates 300 Bearse's Way Hyannis,MA 02601 James E.Murphy Realtor,Inc. 791 Main Street Osterville,MA 02655 James E.Murphy Realtor,Inc. Route 132 Hyannis,MA 02601 Robert J.Norton&Co.Realtors 3221 Route 6-A Barnstable,MA 02630 Rene L.Poyant,Inc. 282 Barnstable Road Hyannis,MA 02601 Unique Real Estate 404 Main Street Centerville,MA 02655 g960503a i J REALTOR LIST(cont'd) Prudential Prime Properties 619 Main Street Centerville,MA 02632 RE/Max,New Wave Realty,Inc. 2956 Falmouth Rd. Osterville,MA 02655 Deborah Roberts Real Estate Barnstable,MA 02630 Shoreland Real Estate Sales&Rentals The Property Locator 724 Main Street Hyannis,MA 02601 Strawberry Hill Real Estate 880 West Main Street Hyannis,MA 02601 Today Real Estate 1533 Falmouth Road Centerville,MA 02632 Topsails Real Estate 1550 Route 28 Centerville,MA 02632 Walsh Realty 610-A West Main Street Hyannis,MA 02601 Bayharbor Realty 3227 Main Street Barnstable,MA 02630 Buyer Brokers of Cape Cod Berard Associates 3180 Main Street Barnstable,MA 02630 Duarte Downey Real Estate Agency,Inc. 919 Main Street Osterville,MA 02655 Fidelity Real Estate 1600 Falmouth Road Centerville,MA 02632 Realty Executives 1582 Route 132 g960503a Hyannis,MA 02601 REALTOR LIST(cont'd.) All Commercial Residential Services Property Management,Inc. 56 Gristmill Path Marstons,Mills,MA 02648 Bartlett Associates 106 Foxglove Road Centerville,MA 02632 C.Johnson&Co. 1645 Falmouth Road Centerville,MA 02632 First Property Management 832 Main Street Osterville,MA 02655 Grant&Lee Real Estate 724 Main Street Hyannis,MA 02601 Huntingest Group P.O.Box 340 Marstons Mills,MA 02648 Judge Realty 640Iyanough Road Hyannis,MA 02601 Komenda Associates Real Estate 765 West Main Street Hyannis,MA 02601 M D A Management&Building 1645 Falmouth Rd. Centerville,MA 02655 Philip McCartin Co.Realtors 876 Main Street Osterville,MA 02655 Area Realty 174 Main Street Hyannis,MA 02601 Glo-Min Cottages&Guests 182 Sea Street Hyannis,MA 02601 g960503a REALTOR LIST(Cont'd) Mr.Warren Suffridge,Coordinator Council on International Educational Exchange 205 East 42nd Street New York,NY 10017 Mr. Orlaith O'Dowd,Manager New York Student Center 895 Amsterdam Avenue at West 103rd Street New York,NY 10025 Chief e , Barnstable Police Department 1200 Phinney's Lane Hyannis,MA 02601 g960503a 1 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A.^Sign ture item 4 if Restricted Delivery is desired. Q ❑Agent ■ Print your name and address on the reverse X dkL dressee so that we can return the card to you. B. Rec ived by(P'nted N e) C. Date of eli ery ■ Attach this card to the back of the mailpiece, �� or on the front if space permits. fL D. Is delivery address different from item 1? ❑fes 1. Article Addressed to: j;If YES,enter delivery address below: X No Tl lU� a it nL1 C�1 f C` V / 9D/Q 3.1 Service Type 9 Certified Mail ❑ Express Mail ElfRegistered ®'Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 1 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer,from'seroice label) - PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERV CE ��aT,�� Paid PwA LISPS Permit No�__G7- 0 • Sender: Please print y r n , address, and ZIP+4 in this box • TOWN OF BARNSTABLE d BUILDING DIVISION I 200 MAIN ST. HYANNIS,MA 02601 I . 9t'CE �Z_h96 E0b0 1 0h6'C f p.1HE ro Town of Barnstable Regulatory Services BARNSTASLE. MASS. Thomas F.Geiler,Director �'ArE039. 1% Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 March 20,2003 Arlene C.Latimer 3 Imperial Ln. Ballson Lake,NY 12019 RE:565 Ocean St,Hyannis,MA Map 324 Parcel 114 .Dear Ms.Latimer: It has been brought to my attention that you intend to rent 565 Ocean St.,Hyannis,MA this summer. My hope is that we don't have the same problems that were experienced in previous years. Be assured that if any complaints are received by this office immediate action will be taken to vacate the building. Sincerely, Thomas Perry Building Commissioner TP/AW �; CERTIFIED MAIL 7001 1940 0003 9647 3178 Cape Cod colonial,Across from Hyannis Yacht Club,Hyannis Vacation Rental - 4+Bedroom home,Hyannis rentals,Massachus Page 1 of 3 Hyannis Vacation Rental CyberRenWs Homers g >Cape Cod,Massachusetts>Hyannis Hyannis,Massachusetts MA -s Val Site Hyannis Beaches & Harbor - InfoNewly Renovated To rent 4+ Bedroom * 5 Bath scroll down Page Location: Hyannis,Massachusetts,Cape Cod or dick anchors below for info(after download is complete): h `r Rates Description for Sale s Amenities fill OtIt Phone Number(s) More Photos Hovvto Buy EUPILs For more information about this vacation rental or to make Click to.see reservations click send email button or call Liz Forance at: Click to see 508 778-1499 �M�� -- f --- CyberRentals Identifier: FOral HYAN 2003 Rates: . $3200/week+ security deposit http://www2.cyberrentals.com/MABARN/ForalHYAN.html 3/11/2003 Property Location: 565 OCEAN STREET MAP ID: 324/114/// Vision ID: 26929 Other ID: Bldg#: 1 Card 1 of 1 Print Date:03/18/2003 09:17 ,� I3 ZO':O C�TILITXES ,S7RT�aRCIAD LUCA sIO� s' � CST NTASS�SSIVIE T Via. ATIMER,�AR EN N��O�NER,"�. ��.,, �»», � �._»P, _ _...._»_ _ �, ._. i ...,.,,,.i ��,., _...,... .�_._..,r. _. 3�_.» ._ .• _,.._...� ,,.z___, -. ,_�,,,.�. < . ,`i:._— �, � E C 1 cvel 1 II Public 1 aved 11 Lake/Pond Viev Description Code lAppraisedValue Assessed Value 1( arginal View RES LAND 1210 122,300 122,300 801 IMPERIAL LN RESIDNTL 1210 133,800 1339800 ALLSTON LAKE,NY 12019 ESIDNTL 1210 700 700 Barnstable 2003,MA _� 5TLEME,NTAL�DA'7 ,. ccount# 237862 Plan Ref. Tax Dist. 400 Land Ct# 18964-F cr.Prup. #SR Life Estate VISION DL 1 LOT 11 Notes: BOARDING HC DL 2 GIS ID: 26929 Total 256,800 256,800 r. ; .. .. I' I/OL7S'�ASSESSMEI�3S• ISTOR�. .� ATIMER,ARLENE C C146682 11/26/1997 Q I 145,000 00 Yr. Code Assessed Value Yr. Code Assessed Value Yr. Code Assessed Value REITKOPF,JACK C140040 03/15/1996 U 1 220,000 L 2002 1210 122,300 2001 1210 122,300 2000 1210 59,100 ENDOLA,ANN M C121143 08/15/1990 U I 10 A 2002 1210 127,400 2001 1210 127,600 2000 1210 87,300 NDOLA,RICHARD C C67113 Q 0 2002 1210 700 001 1210 700 000 1210 400 Total: 250,400 Total: 250,6001 Total:1 146,800 This signature acknowledges a visit by a Data Collector or Assessor Year T e/Descri tion Amount Code Description Number Amount Comm.Int. � ;��1PP�ISEDVA� UE SU1VI11IARY� Appraised Bldg.Value(Card) 131,200 Appraised XF(B)Value(Bldg) 2,600 Total: Appraised OB(L)Value(Bldg) 700 .. .� �. .... -. . T.. . '.w ..._„m.._ ... . _ .k Appraised Land Value(Bldg) 122,300 NOTESt... ,' k� W' Special Land Value *LAND ADJUST.FOR USE **ANRIC MOTEL** Total Appraised Card Value 256,800 *50/50 Total Appraised Parcel Value 2569800 Valuation Method: Cost/Market Valuation et Total Appraised Parcel Value 256,800 .. , . .._. _, ..B. . -DIN ,P<. I .:RECORD .:r., ,,, :• W 't _.� _ VIS'T/CKA GE .S� O �' A Permit ID Issue Date Tvpe Description Amount Insp.Date %Comp. Date Comp. Comments Date ID Cd. Pur ose/Result 56814 10/22/2002 NRRe-roofing 3,000 4/29/2002 100 1/1/2002 5/9/2002 MF 44 Drive by inspection only 56930 11/2/2001 RE emodel/Renov 16,000 4/29/2002 100 1/1/2002 4/9/2002 PT 00 eas/Listed 36073 1/26/1999 WD Wood DeckBulkhd 1,500 6/8/2000 100 1/1/2000 x .. .. ... a ,.. ........\ .'-� _. .. .. ...3 a , \ y.._.. AM � r , , \ � � �, -,•,,�. ,; .. �.. ; B# Use Code Description Zone D ronta e Depth Units Unit Price I.Factor S.I. C.Factor Nbad. Ad Notes-Ad IS ecial Pricing Ad. Unit Price Land Value 1 1210 Rooming Hs RB 4 0.26 AC 242,000.00 1.00 5 1.10 70AC 1.70 PCL(.26,U10)Notes:10 1BLD 122,300 Total Card Land Units 0.261 AC I Parcel Total Land Area: 0.26 Cl Total Land Valu 122,300 Property Location: 565 OCEAN STREET MAP ID: 324/114/// Vision ID:26929 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 03/18/2003 09 „. SUN h. : xE�cH N�TR cT QND .T o Element Cd. Ch. Description Commercial Data Elements Style/Type 04 Cape Cod Element Cd. Ch. Description Model 01 Residential Heat&AC Grade C Average Grade Frame Type BAS 12 WD Baths/Plumbing BMT Stories 1.5 1 1/2 Stories 7 7 7 ccupancy 0Ceiling/Wall ooms/Prtns 12 14 Exterior Wall 1 14 Wood Shingle /o Common Wall 12 32 12 2 Wall Height Roof Structure 03 able/Hip Roof Cover 03 sph/F Gls/Cmp FUS FUS CONDOIMUL�HODA �r a BAS BAS nterior Wall 2 5 Drywall Element ode Description actor 15 BMT 1 FHS 15 BMT 1 Interior Floor 1 14 Carpet Complex BAS 2 Floor Adj 23 BMT 2 Unit Location 12 12 Heating Fuel 3 Gas Heating Type 4 Hot Air Number of Units C Type 1 None Number of Levels /o Ownership Bedrooms 6 6 Bedrooms 32 Bathrooms Bathrooms �' GQST T%AIU ,TlDN 0 Full nadj.Base Rate 60.00 Total Rooms 10 10 Rooms Size Adj.Factor 0.98903 Bath Type 2 Modernized ade(Q)Index 1.13 Kitchen Style Adj.Base Rate 67.06 Bldg.Value New 154,305 Year Built 1962 ff.Year Built (G)1985 rml Physcl Dep 15 uncnlObslnc 0 con Obslnc 0 pecl.Cond.Code 1210 Rooming Hs 100 Specl Cond% Overall%Cond. 85 eprec.Bldg Value �� � OB OZITBIlIL�D�NG� YARDITEM,S, 1X1�'B '' D�IUGEXT � �'`�tfRES� ,'`' '' Code Description LIB Units Unit Price Yr. Dp Rt %Cnd Apr. Value FPL2 Fireplace B 1 3,000.00 1985 1 100 2,600 SHED Shed L 100 8.00 1990 1 100 700 .. ,�"..:'.�.. �. ,. :;��BIIILD�IIVG��Si7$�.4REA ,UMMf1ItYSEC�T �a�: .. �� �-� � �•'. Code Description Living Area Gross Area E .Area Unit Cost Unde rec. Value BAS First Floor 1,180 1,180 1,180 67.06 79,131 BMT Basement Area 0 1,180 236 13.41 15,826 FHS Half Story 515 736 515 46.92 34,536 360 67.06 24 0 FUS Upper Story 360 360 ,142 WDK Wood Deck 0 98 10 6.84 671 Ttl. Gross Liv Lease Area 2,055 3 554 2,301 Bldg Val: 154,305 .�su'` >".. �' � �"1�� � r F! d y -V W N't.r � 3�•+�`6 r r ! YJ'�i i� "�°'.0 �?�� „r R`1"`rt. iC 7�i '""'w. 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Urenas, Gloria From: Broadrick, Tom Sent: Thursday, July 18, 2002 10:45 PM To: Urenas, Gloria; Giangregorio, Robin; Perry, Tom Subject: 549 and 557 Ocean Street I did not get a chance to call that guy today (Thursday) so tread lightly on Friday. . .I will let him know what we discussed this afternoon. Thomas A. Broadrick, AICP APA-MA Chapter President Director of Planning, Zoning & Historic Preservation Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4703 1 Town of Barnstable Regulatory Services �P Thomas F.Geiler,Director » saaxsznaLE, MASS. Building Division 1639. �0 ArEp Mpl°i Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 COMPLAINTANOUIRY REPORT Date: ;7—/ Rec'd by: Complaint Name: Map/Parcel Location. Address: Originator Name: ,!�. ? ,o l Street• Village: State: Zip: Telephone: Complaint Description. FOR OFFICE USE ONLY Inspector's Action/Comments Date: 7—/ 7—CI �2- Inspector: /10 Additional Info.Attached --Alex Q:forms:complaint °PYRE 1p�, Town of Barnstable Regulatory Services * B" 'MASS. t Thomas F.Geiler,Director y nss. �, GbA i639. `� rE1639. A Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: ATTN: FAX NO: FROM: DATE: PAGE(S): (INCLUDING COVER SHEET) I DAWMABLIL BIAEK Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1996-120 Jack Breitkopf Special Permit Pursuant to Section 3-1.1 (3)(A) Special Permit Pursuant to Section 4-2.8 Reduction of Parking Requirements Summary. Denied Applicant: 44aA c Breitkopf Property Address: 565 cean Street, Hyannis,MA Assessor's Map/Parcel p 324, Parcel 114 Zoning: RB Residential B Zoning Groundwater Overlay: AP Aquifer Protection District Appeal No.1996-120 Special Permit Pursuant to Section 3-1.1 (3)(A) Permission to continue nonconforming use of lodging house with six units Special Permit Pursuant to Section 4-2.8, Reduction of Parking Requirements Background: The property consists of seven lots ranging in size from .16 to .26 acres. The lots are shown on Assessor's Map 324 as Parcels 43, 45,.48-2, 49, 113, 114 and 117. They are addressed as 493, 503, 511, 525, 535, 549 and 557 Ocean St., Hyannis. Each lot is improved with a wood frame house. These were originally individual units of the"Sun 'n' Surf Motel,"which was built in the 1960's. According to Assessor's records, each house has contained six bathrooms since the mid-1970's. Building Department records show that at various times during the 1970's and 1980's, dormers were added to many of the structures.According to Building Department records, the interiors consist of six motel-type units with their own bathroom. The buildings are now used as lodging houses for six lodgers each. There have been reports that the basements are also occupied. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 1, 1996. 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 September 25, 1996, at which time the Board found to deny the Special Permit. Board Members hearing these appeals were Richard Boy, Emmett Glynn, Ron Jansson, Elizabeth Nilsson, and Chairman Gail Nightingale. Attorney Benjamin E. Zehnder represented the Applicants. The Board and Attorney Zehnder agreed to have Appeal Number 1996-119 through Appeal Number 1996-125 heard together. Also present was Marie Dempsey. Hearing Summary: Attorney Zehnder gave a history of the property stating it was formerly known as the Sun `N Surf Motel and owned by Richard Vendola. The property was foreclosed upon by the bank, Cape Cod Bank and Trust Co., who then resold the units to the Petitioners. There is a total of seven buildings. One building is owned by Ms. Dempsey, three are owned by Mr. Breitkopf and three units are owned by a corporation. Mr. Breitkopf is a principle of Secured Capital Corp. of NY and Ms. Dempsey is related to an officer of Secured Capital Corp. of NY. The properties are being operated conjunctively but individually owned as investment property. The properties were built in the early 1960s and have always been used as a motel or lodging house. The property has never been given relief from zoning. The lodging licenses that are-currently on the property were issued until August 11, 1996 and extended to December 31, 1996 white the applicants are applying for zoning relief. The Applicant would like to use this property as it has been historically used since the property has been in existence. Attorney Zehnder showed the Board the Assessor's Maps of the vicinity of the locus which shows there are three hotels, and many, many lodging houses, including several bed and breakfast homes. The use Zoning Board of Appeals Decision and Notice Appeal No. 1996-120 Jack Breitkopf is very typical for the area and granting the Special Permit would not be detrimental to the neighborhood. The property is now being renovated. Regarding parking, Mr. Zehnder indicated that since the Petitioner is limited to 6 lodgers, they feel they only need 6 spaces, the owners are allowing"cross use"of the property to make up the differences in parking requirements. There is an undeveloped lot(Assessor's Lot 44)and the applicants would be willing to make spaces available on that lot if the Board felt it necessary. Public comments: Chairman Gail Nightingale indicated there are twenty-six(26) letters in the file in opposition to these appeals. Their names were read into the record. Marie Dempsey (the applicant)spoke in support of the appeal. Also speaking was Attorney Charles Sabatt. He represented a number of abutters who in the Yachtsman Condominiums across the street. They are in opposition to these appeals. He stated that the houses need to be owner occupied if they are to rent rooms as that is clearly what the Zoning Ordinance allows for. He explained how there is not adequate parking for lodgers in this highly congested area. If the Board grants their request, there is the potential for 42 lodgers at any given time which equates to the potential of 42 cars. This area cannot handle that influx. Also,there are no sidewalk available. Attorney Sabatt told the Board that there have been many police calls to the area and to grant the relief would be in derogation of the spirit and intent of the Zoning Ordinance. Also speaking in opposition was Hugh Findlay. In rebuttal,Attorney Zehnder stated the historical use of the property has always been as a lodging house. As far as the parking issue, to grant the relief would not be more detrimental to the area as it is already congested. He stressed that the Special Permits would be within the spirit and intent of the Zoning Ordinance. The Board was concerned with the number of calls to the police station. Attorney Zehnder explained that those tenants are no longer in the units and have been evicted. Findings of Fact: Based upon the testimony given during the public hearing on Appeal Number 1996-120, the Board unanimously found the following findings of fact: 1. The applicant is Jack Breitkopf. 2. The property in issue is 565 Ocean Street, Hyannis, MA on Assessor's Map 324, Parcel 114 in an R.B Residential B Zoning District. 3. The Petitioner is seeking a Special Permit to allow the renting of rooms to not more than six lodgers in a multi-unit dwelling. The applicant is also seeking a Special Permit for the Reduction of Parking Requirements. 4. The lot itself provides for only 2 parking spaces. 5. The area of Ocean Street and Gosnold Street experiences congested traffic in the summer due to its location near the Hyannis Terminal of the Steamship Authority and its location near the various public beaches in the area. To allow additional people on to this site would add more congestion and confusion to the area. 6. To grant the relief being sought for six lodgers would be in derogation of the spirit and intent of the Town of Barnstable Zoning Ordinance with regards to the parking regulations. 7. Given the parking situations, the granting of the relief for six lodgers would be detrimental to the neighborhood. Decision: Based upon the findings of fact in Appeal Number 1996-120, a motion was duly made and seconded to deny the relief being sought. The vote was as follows: AYE: Elizabeth Nilsson, Ron Jansson, Emmett Glynn, Richard Boy, and Chairman Gail Nightingale NAY: None 2 Hyannis, Kalmus Beach, Cape Cod, Massachusetts - 5 Bedroom Vacation Rental Page 1 of 2 , rUr- o—m] * 4 Bath Location: Hyannis, Kalmus Beach, Mid Cape Cod, Massachusetts Amenities: Gas grill, outside 'after-swim' shower, washer/dryer, dishwasher, telephone, microwave, toaster, coffeemaker, blender, dishes/utensils provided, cable TV's, VCR, beach chairs&umbrella. Pets not permitted. 2000 Rates: $2700/week June 24-September 2 ...........Off-season and weekend rates also available Description: Attractive renovated home with ocean view. Step from modern, fully equipped kitchen onto deck overlooking forever wild/scenic preserve. Great view for artist or photo buff. Less than 2/10 of a mile to beautiful Kalmus Beach or 1/10 of a mile to Veterans Beach. Short stroll to Hyannis harbor,Kennedy Memorial, Island ferries, main street and restaurants. Tastefully furnished with all f amenities. Click here to see views & the kitchen. Spacious Colonial - 2/10 of a mile to Kalmus Beach ,y For more information about this vacation rental-property or to make reservations call Bill& Arlene Latimer at: 518 399-7052 To e-mail owner click.caperental(a iuno.com If you have comments, positive or negative, on this property, please email us from the bottom of the Administration page.Please include it's identifier: , LatiHYAN IILLP://W W WG.GyUCI-ICIlLdIS.l:UII1/IVIADALll iN/UdLlrl I AIN A lIIll X IO/W Zoning Board of Appeals Decision and Notice Appeal No. 1996-120 Jack Breitkopf ORDER: In Appeal Number 1996-120,the Special Permit 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. 1996 G ' Nighting , Chairm 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 o 1996 under the pains and penalties of perjury. Lind r F ��N a f r, rp - iv ii lop,, lk aa 9 1 �Jf V a� n j r > K lW q f IF � f � y R ' Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1996-122 Jack Breitkopf Special Permit Pursuant to Section 3-1.1 (3)(A) Special Permit Pursuant to Section 4-2.8 Reduction of Parking Requirements Special Permit Pursuant to Section 4-4.3(2)Nonconforming Buildings or Structures Used as Single Family Residences Summary Denied Applicant: Jack Breitkopf Property Address: 549 Ocean Street, Hyannis, MA Assessor's Map/Parcel Map 324, Parcel 45 Zoning: RB Residential B Zoning Groundwater Overlay: AP Aquifer Protection District Appeal No.1996-122 Special Permit Pursuant to Section 3-1.1 (3)(A) Permission to continue nonconforming use of lodging house with six units Special Permit Pursuant to Section 4-2.8,Reduction of Parking Requirements Special Permit Pursuant to Section 4-4.3(2)Nonconforning.Buildings or Structures Used as Single Family Residences Background: The property consists of seven lots ranging in size from.16 to.26 acres. The lots are shown on Assessor's Map 324 as Parcels 43, 45, 48-2, 49, 113, 114 and 117. They are addressed as 493, 503, 511, 525, 535, 549 and 557 Ocean St., Hyannis. Each lot is improved with a wood frame house. These were originally individual units of the"Sun `n'Surf Motel,"which was built in the 1960's.According to Assessor's records, each house has contained six bathrooms since the mid-1970's. Building Department records show that at various times during the 1970's and 1980's, dormers were added to many of the structures. According to Building Department records, the interiors consist of six motel-type units with their own bathroom. The buildings are now used as lodging houses for six lodgers each. There have been reports that the basements are also occupied. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 1, 1996. 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 September 25, 1996, at which time the Board found to deny the Special Permit. Board Members hearing these appeals were Richard Boy, Emmett Glynn, Ron Jansson, Elizabeth Nilsson, and Chairman Gail Nightingale. Attorney Benjamin E. Zehnder represented the Applicants. The Board and Attorney Zehnder agreed to have Appeal Number 1996-119 through Appeal Number 1996-125 heard together. Also present was Marie Dempsey. Hearing Summary: Attorney Zehnder gave a history of the property stating it was formerly known as the Sun W Surf Motel and owned by Richard Vendola. The property was foreclosed upon by the bank, Cape Cod Bank and Trust Co., who then resold the units to the Petitioners. There is a total of seven buildings. One building is owned by Ms. Dempsey, three are owned by Mr. Breitkopf and three units are owned by a corporation. Mr. Breitkopf is a principle of Secured Capital Corp. of NY and Ms. Dempsey is related to an officer of Secured Capital Corp. of NY. The properties are being operated conjunctively but individually owned as investment property. The properties were built in the early 1960s and have always been used as a motel or lodging house. The property has never been given relief from zoning. The lodging licenses that are currently on the property were issued until August 11, 1996 and extended to December 31, 1996 while the applicants are applying for zoning relief. Zoning Board of Appeals Decision and Notice Appeal No. 1996-122 Jack Breitkopf The Applicant would like to use this property as it has been historically used since the property has been in existence. Attorney Zehnder showed the Board the Assessor's Maps of the vicinity of the locus which shows there are three hotels, and many, many lodging houses, including several bed and breakfast homes. The use is very typical for the area and granting the Special Permit would not be detrimental to the neighborhood. The property is now being renovated. Regarding parking, Mr. Zehnder indicated that since the Petitioner is limited to 6 lodgers, they feel they only need 6 spaces, the owners are allowing"cross use"of the property to make up the differences in parking requirements. There is an undeveloped lot(Assessor's Lot 44)and the applicants would be willing to make spaces available on that lot if the Board felt it necessary. Public comments: Chairman Gail Nightingale indicated there are twenty-six(26) letters in the file in opposition to these appeals. Their names were read into the record. Marie Dempsey (the applicant) spoke in support of the appeal. Also speaking was Attorney Charles Sabatt. He represented a number of abutters who in the Yachtsman Condominiums across the street. They are in opposition to these appeals. He stated that the houses need to be owner occupied if they are to rent rooms as that is clearly what the Zoning Ordinance allows for. He explained how there is not adequate parking for lodgers in this highly congested area. If the Board grants their request, there is the potential for 42 lodgers at any given time which equates to the potential of 42 cars. This area cannot handle that influx. Also, there are no sidewalk available. Attorney Sabatt told the Board that there have been many police calls to the area and to grant the relief would be in derogation of the spirit and intent of the Zoning Ordinance. Also speaking in opposition was Hugh Findlay. In rebuttal, Attorney Zehnder stated the historical use of the property has always been as a lodging house. As far as the parking issue, to grant the relief would not be more detrimental to the area as it is already congested. He stressed that the Special Permits would be within the spirit and intent of the Zoning Ordinance. The Board was concerned with the number of calls to the police station. Attorney Zehnder explained that those tenants are no longer in the units and have been evicted. Findings of Fact: Based upon the testimony given during the public hearing on Appeal Number 1996-122, the Board unanimously found the following findings of fact: 1. The applicant is.Jack Breitkopf. 2. The property in issue is 549 Ocean Street, Hyannis, MA on Assessors Map 324, Parcel 45 in an R.B Residential B Zoning District. 3. The Petitioner is seeking a Special Permit to allow the renting of rooms to not more than six lodgers in a multi-unit dwelling. The applicant is also seeking a Special Permit for the Reduction of Parking Requirements. 4. The area of Ocean Street and Gosnold Street experiences congested traffic in the summer due to its location near the Hyannis Terminal of the Steamship Authority and its location near the various public beaches in the area. To allow additional people on to this site would add more congestion and confusion to the area. 5. The lot itself provides for no parking on site. 6. To grant the relief being sought for six lodgers would be in derogation of the spirit and intent of the Town of Barnstable Zoning Ordinance and would be substantially more detrimental to the neighborhood affected. Decision: Based upon the findings of fact in Appeal Number 1996-122, a motion was duly made and seconded to deny the relief being sought. The vote was as follows: AYE: Elizabeth Nilsson, Ron Jansson, Emmett Glynn, Richard Boy, and Chairman Gail Nightingale NAY: None 2 Zoning Board of Appeals Decision and Notice Appeal No. 1996-122 Jack Breitkopf ORDER: In Appeal Number 1996-122,the Special Permit 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. - _/0 1996 G I Nightinga Chairma 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 Jerk. Signed and sealed this 7 day o 1 oO 996 under the pains and penalties of perjury. Linda Hutch rider, Town Clerk 3 r i ��,�, _ Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1996-121 Special Permit Pursuant to Section 3-1.1 (3)(A) Special Permit Pursuant to Section 4-2.8 Reduction of Parking Requirements Summary Granted with Conditions Applicant: Jack Breitkopf Property Address: 557 Ocean Street, Hyannis, MA Assessor's Map/Parcel Map 324, Parcel 43 Zoning: RB Residential B Zoning Groundwater Overlay: AP Aquifer Protection District Appeal No. 1996-121 Special Permit Pursuant to Section 3-1.1 (3)(A) Permission to continue nonconforming use of lodging house with six units Special Permit Pursuant to Section 4-2.8, Reduction of Parking Requirements Background: The property consists of seven lots ranging in size from .16 to .26 acres. The lots are shown on Assessor's Map 324 as Parcels 43, 45, 48-2, 49, 113, 114 and 117. They are addressed as 493, 503, 511, 525, 535, 549 and 557 Ocean St., Hyannis. Each lot is improved with a wood frame house. These were originally individual units of the"Sun 'n' Surf Motel,"which was built in the 1960's.According to Assessor's records, each house has contained six bathrooms since the mid-1970's. Building Department records show that at various times during the 1970's and 1980's, dormers were added to many of the structures.According to Building Department records, the interiors consist of six motel-type units with their own bathroom. The buildings are now used as lodging houses for six lodgers each. There have been reports that the basements are also occupied. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 1, 1996. 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 September,25, 1996, at which time the Board found to grant the Special Permit with conditions. Board Members hearing these appeals were Richard Boy, Emmett Glynn, Ron Jansson, Elizabeth Nilsson, and Chairman Gail Nightingale. Attorney Benjamin E. Zehnder-represented the Applicants. The Board and Attorney Zehnder agreed to have Appeal Number 1996-119 through Appeal Number 1996-125 heard together. Also present was Marie Dempsey. Hearing Summary: Attorney Zehnder gave a history of the property stating it was formerly known as the Sun 'N Surf Motel and owned by Richard Vendola. The property was foreclosed upon by the bank, Cape Cod Bank and Trust Co.,who then resold the units to the Petitioners. There is a total of seven buildings. One building is owned by Ms. Dempsey, three are owned by Mr. Breitkopf and three units are owned by a corporation. Mr. Breitkopf is a principle of Secured Capital Corp. of NY and Ms. Dempsey is related to an officer of Secured Capital Corp. of NY. The properties are being operated conjunctively but individually owned as investment property. The properties were built in the early 1960s and have always been used as a motel or lodging house. The property has never been given relief from zoning. The lodging licenses that are currently on the property were issued until August 11, 1996 and extended to December 31, 1996 while the Zoning Board of Appeals Decision and Notice Appeal No. 1996-121 Jack Breitkopf applicants are applying for zoning relief. The Applicant would like to use this property as it has been historically used since the property has been in existence. Attorney Zehnder showed the Board the Assessor's Maps of the vicinity of the locus which shows there are three hotels, and many, many lodging houses, including several bed and breakfast homes. The use is very typical for the area and granting the Special Permit would not be detrimental to the neighborhood. The property is now being renovated. Regarding parking, Mr. Zehnder indicated that since the Petitioner is limited to 6 lodgers, they feel they only need 6 spaces, the owners are allowing"cross use" of the property to make up the differences in parking requirements. There is an undeveloped lot(Assessor's Lot 44)and the applicants would be willing to make spaces available on that lot if the Board felt it necessary. Public comments: Chairman Gail Nightingale indicated there are twenty-six(26) letters in the file in opposition to these appeals. Their names were read into the record. Marie Dempsey(the applicant) spoke in support of the appeal. Also speaking was Attorney Charles Sabatt. He represented a number of abutters who in the Yachtsman Condominiums across the street. They are in opposition to these appeals. He stated that the houses need to be owner occupied if they are to rent rooms as that is clearly what the Zoning Ordinance allows for. He explained how there is not adequate parking for lodgers in this highly congested area. If the Board grants their request, there is the potential for 42 lodgers at any given time which equates to the potential of 42 cars. This area cannot handle that influx. Also, there are no sidewalk available. Attorney Sabatt told the Board that there have been many police calls to the area and to grant the relief would be in derogation of the spirit and intent of the Zoning Ordinance. Also speaking in opposition was Hugh Findlay. In rebuttal, Attorney Zehnder stated the historical use of the property has always been as a lodging house. As far as the parking issue, to grant the relief would not be more detrimental to the area as it is already congested. He stressed that the Special Permits would be within the spirit and intent of the Zoning Ordinance. The Board was concerned with the number of calls to the police station. Attorney Zehnder explained that those tenants are no longer in the units and have been evicted. Findings of Fact: Based upon the testimony given during the public hearing on Appeal Number 1996-121, the Board unanimously found the following findings of fact: 1. The applicant is Jack Breitkopf. 2. The property in issue is 557 Ocean Street, Hyannis, MA on Assessor's Map 324, Parcel 43 in an R.B Residential B Zoning District. 3. The Petitioner is seeking a Special Permit to allow the renting of rooms to not more than six lodgers in a multi-unit dwelling. The applicant is also seeking a Special Permit for the Reduction of Parking Requirements. 4. The lot itself provides for six parking spaces although the Town of Barnstable Zoning Ordinance requires 1.2 parking spaces for each lodger. 5. The area of Ocean Street and Gosnold Street experiences congested traffic in the summer due to its location near the Hyannis Terminal of the Steamship Authority and its location near the various public beaches in the area. 6. To grant the relief being sought for six lodgers would be in derogation of the spirit and intent of the Town of Barnstable Zoning Ordinance with regards to the parking regulations. 7. Given the parking situations, the granting of the relief for six lodgers would be detrimental to the neighborhood. Decision: Based upon the positive findings a motion was duly made and seconded to grant the relief as follows: 1. The property is to be used for not more than four lodgers at any one time. 2. The Petitioner must comply with all rules and regulations that would be imposed by the Licensing Authority with reference to the operation of a lodging house. 3. A lodging house permit must be secured at all applicable times for the site. 2 Zoning Board of Appeals Decision and Notice Appeal No. 1996-121 Jack Breitkopf 4. All six parking spaces shown on the plans submitted must be utilized for the use of the Petitioner's lot. This parking is dedicated for this unit only and not to be shared with adjoining lots. 5. There shall be no backing out onto Ocean Street. Parking is to be so constructed that the cars exit from the lot head-on only. The plans are to be approved by the Building Commissioner. 6. The Special Permit shall run with the owner only. In the event the owner transfers his interest in the property, the Special Permit shall terminate. The vote was as follows: AYE: Elizabeth Nilsson, Ron Jansson, Emmett Glynn, Richard Boy, and Chairman Gail Nightingale NAY: None ORDER: In Appeal Number 1996-121,the Special Permit has been granted for four lodgers. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. 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. to , 1996 G I Nightingale hairma Date Si ned 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 1996 under the pains and penalties of perjury. 011 Linda Hutchenrider, Town Clerk 3 ?t- !rJ •--1 .� 1 . F^`j �. •Tl I yF�JJ CX1 ..A I \ � �? -1 I..JJ -t• 41 C- f.-�+ --.:! . E--. � t ,may ^ - �J 'z7 CJ On �r7 t 4K 41 C-). CID x- }` A-1 �p'j 3e- t-7 � x tee. WSJ .. 9E # -s� .rt 9E -et- •dr a:- :R:- �iE• ya '/: APR- 4-0 7 FR! 2 05 F Nf FAR^iST S,LF. FLA till iit NG. DEF T FAX NO, 000 750 e288 '. ow „ \ MAB6 r Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 1996-120 Jack Breitkopf Special Permit Pursuant to Section 3-1.1 (3)(A) Special Permit Pursuant to Section 4-2.8 Reduction of Parking Requirements Summary Denied Applicant: Jack Breitkopf Property Address: 505 Ocean Street,Hyannis,MA Assessor's MaplParcel Map 324,Parcel 114 Zoning: RE Residential B Zoning Groundwater Overlay: AP Aquifer Protection District Appeal No.1996-120 Special Permit Pursuant to Section 3.1.1 (3)(A) Permission to continue nonconforming use of lodging house with six units Special Permit Pursuant to Section 4-2.3,Reduction of Parking Requirements Background: The property consists"of seven lots rarging in size from ,16 to .26 acres. The lots are shown on Assessor's Map 324 as Parcels 43, 45, 48-2, 49, 113, 114 and 117, They are addressed as 493, 503. 511, 525, 535, 549 and 557 Ocean St., Hyannis. Each lot is improved with a wood frame house. These were originally individual units of the"Sun 'n'Surf Motel,"which was built in the 1960's.According to Assessor's records, each house has contained six bathrooms since the mid-1970's. Building Department records show that at various times during the 1970's and 1980's, dormers were added to many of the structures.According to Building Department records, the interiors consist of six motel-type units with their own bathroom. The buildings are now used as lodging houses for six lodgers each. There have been reports that.the basements are also occupied. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 1, 1996, 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 September 25, 1996, at which time the Board found to deny the Special Permit. Board Members hearing these appeals were Richard Boy, Emmett Glynn, Ron Jansson, Elizabeth Nilsson, and Chairman Gall Nightingale. Attorney Benjamin E.Zehnder represented the Applicants. The Board and Attorney Zehnder agreed to have Appeal Number 1996-119 through Appeal Number 1996-125 heard together. Also present was Marie Dempsey. Hearing Summary: Attorney Zehnder gave a history of the property stating it was formerly known as the Sun 'N SuI h4otel and owned by Richard.Vendola. Theproperty was foreclosed upon by the bank,Cape Cod Bank and Trust Co., who then resold the units to the Petitioners. There is a total of seven buildings. One building is owned by Ms. Dempsey, three are owned by Mr. Breitkopf and three units are owned by a corporation. Mr. Breitkopf is a principle of Secured Capital Corp. of NY and Ms. Dempsey is related to an officer of Secured Capital Corp.of NY. The properties are being operated conjunctively but individually owned as investment property, The properties were built in the early 1960s and have always been used as a motel or lodging house. The property has never been given relief from zoning. The (edging licenses that are currently on the property were issued until August 11, 1996 and extended to December 31, 1996 while the applicants are applying for zoning relief. The Applicant would like to use this property as it has been historically used since the property has been in existence. Attorney Zehnder showed the Board the Assessor's Maps of the vicinity of the locus which shows there are three hotels, and many, many lodging houses, including several bed and breakfast homes, The use APR 4-97 PRI i 36 Pig BA.K t� A l � ;ia: u ��: .A,, Nn, h, NOW, Zoning Board of Appeals Decision and Notice Appeal No. 1996.120 Jack Breitkopf µ is very typical for the area and granting the Special Permit would nct be detrimental to the neighborhood. The grope-ty is now being renovated. Regarding parking, Mr. Zehnder indicated that since the Petitioner is limited to 6 lodgers, they feel they only need 6 spaces, the owners are allowing"cress use"of the property to make up the differences in parking requirements. There is an undeveloped lot (.Assessor's Lot 44)and the applicants would be willing to hake spaces available on that lot if the Board felt it necessary. Public comments: Chairman Gail Nightingale indicated there are twenty-six(26) letters in the file in opposition to these appeals. Their names were read into the record. Marie Dempsey (the applicant) spoke in support of the appeal. Also speaking was Attorney Charles Sabatt. He represented a number of abutters who in the Yachtsman Condominiums across the street. They are in opposition to these appeals. He stated that the houses need to be owner occupied if they are to rent rooms as that is dearly what the Zoning Ordinance allows for. He explained how there is not adequate parking for lodgers in this highly congested area. If the Board grants their request,there is the potential for 42 lodgers at any given time which equates to the potential of 42 cars. This area cannot handle that influx. Also; there are ro sidewalk available. Attorney Sabatt told the Board that there have been many police calls to the area and to grant the relief would be in derogation of the spirit and intent of the Zoning Ordinance. Also speaking in opposition was Hugh Findlay. In rebuttal,Attorney Zehnder stated the historical use of the property has always been as a lodging house. As far as the parking issue, to grant the relief would not be more detrimental to the area as it is already congested. He stressed that the Special Permits would be within the spirit and intent of the Zoning Ordinance. The Board was concerned with the number of calls to the police station. Attorney Zehnder explained that those tenants are no longer in the units and have been evicted. Findings of Fact: Based upon the testimony given during the public hearing on Appeal Number 1996-120, the Board unanimously found the following findings of fact, 1. The applicant is Jack Breitkopf. 2. The property in issue is 565 Ocean Street, Hyannis, MA on Assessor's Map 324, Parcel 114 in an R.B Residential B Zoning District. 3. The Petitioner is seeking a Special Permit to allow the renting of rooms to not more than six lodgers in a multiunit dwelling. The applicant is also seeking a Special Permit for the Reduction of Parking Requirements. 4 The lot itself provides for only 2 parking spaces. 5. The area of Ocean Street and Gosnold Street experiences congested traffic in the summer due to'its location near the Hyannis Terminal of the Steamship Authority and its location near the various public beaches in the area. To allow additional people on to this site would add more congestion and confusion to the area. 6. To grant the relief being sought for six lodgers would be in derogation of the spirit and intent of the Town of Barnstable Zoning Ordinance with regards to the parking regulations. 7. Given the parking situations,the granting of the relief for six lodgers would be detrimental to the neighborhood. Decision: Based upon the findings of fact in Appeal Number 1996-1204 a motion was duly made and seconded to deny the relief being sought. The vote was as follows: AYE: Elizabeth Nilsson, Ron Jansson, Emmett Glynn, Richard Boy, and Chairman Gail Nightingale NAY: None 2 r _ ApL_ _-n n r n �A{ D a L( *� TJ �{t� 1' hn^+ J GnL-, . A F 4 71 �N. � J 7 ."151 L�F.IY�m�L'Li, f l NN.II NIG. S;1E 1 PAX 1�1L. 50 ri J0 JGV Zoning Board of APPeals Decision and Notice L Appeal No. 1996-120 Jack Sreitkopt = ORDER: In Appeal Number 1996-120,the Special Permit 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 leci ion in the office of the Town Clerk. a 8 , 1996 Go Nighting , Chairm n 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 o 1996 under the pains and penalties of perjury. Lind TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map ,2 Parcel, J l 4 p` Permit# Health Divisionfll`6��ue)!� Date Issued Conservation Division Q ` Fee `) Tax Collec g F41x4 . ;!AJ& A 66MVt R y t4 L:t L'� b'l%,JJION PLl;10R. .. Treasur a, Dept. • y+ 3 Date Ian Approved by Planning Board H4teric-6KN - _RmsewagenA-1vannis Project Street Addresses s © �C�2✓� 5 -� Village 4 A✓� °" 1 • ' Owner ; (l a WX- L Address '�- TelephoneD Permit Request V3 CC-4,54YLtc4 X ly, � �ccK ' 4"dc_ Square feet: 1st floor: existing proposed 2nd floor:existing proposed. Total new Estimated Project Cost 15 t0,0-0 Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: 0 Yes ❑No If yes,attach supporting documentation. r Dwelling Type: Single Family'- Two Family ❑ Multi-Family(#units) ` Age of Existing Structure Historic House: ❑Yes a- I� On Old King's Highway: O Yes N❑ o Basement Type: C9'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 r 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:0 existing ❑new s' Attached garage:❑existing ❑new size Shed:❑existing O new size Other: q Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ L LOA- Commercial ❑Yes ❑ No ' If yes, site plan review# Current Use Proposed Use rr BUILDER INFORMATION Name �oh�j'f c r r:Su �� - Telephone Number Address License#° �- Yap 144 el ��� /�2f Home Improvement Contractor# i)) 9 `i r� o Z ' Worker's Compensation ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECTWILL BE TAKEN TO SIGNATURE t_�� DATE - ie FOR OFFICIAL USE-ONLY ' 'PERMIT.NO.,' • DATE ISSUED T .t• - f w - $ � ._ �• °._. • -T MAP/PARCEL`NO. , 1 �, ADDRESS — VILLAGE i - • _ OWNER- DATE OF INSPECTION , FOUNDATION ' FRAME - t INSULATION ? n s T FIREPLACE u ELECTRICAL: ROUGH FINAL 3 PLUMBING: ROUGH,-- ' FINAL GAS: ROUGH` FINAL° + FINAL BUILDING.- DATE CLOSED OUT.- s ASSOCIATION PLAN NO. The Town of Barnstable = ental Services 9MAM � Department of Health Safety and Environmental 1 � . Building Division 367 Main Street,Hyannis MA 02601 Ralph Crossen Office: 508-862-4038, Building'Commissioner Fax: 508-790-6230' Permit no. Date f �� AFFIDAVIT HOME IMPROVEMENT CONS CATION CTOR LAW. SUPPLEMENT TO PERMIT MGL c. 142A requires that the"reconstruction,alterations,renovation,repai ,modernization, ion, improvement,removal,demolition,or construction of an addition to any pre-existing 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. p Estimated Cost Type of Work: _ �� 5 Address of Work: S� 5 `� fi Owner's Name: Date of Application: r I hereby certify that: Registration is not required for the following reason(s): Work excluded by law CJob Under$1,000 Building not owner-occupied C]Owner pulling own permit Notice is hereby given that:OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED HAV CONTRACTORS FOR APPLICABLE TI PROGRA IMPROVEMENT GUARANTY FUND UND R MGLc.c. 142A. ACCESS TO THE ARBITRATION SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner r f . Z� " ©// (;So✓1 1 D Contractor Name Registration No. ate OR f Date Owner's Name q:forms:Affidav - - - The,Commonwealth of Massachusetts �V_= v Department of Industrial Accidents ;. . - t-:= ANCe ollnsestigatians 600 Washington Street � J''� Boston Mass. 02111 ; x / ////Workers' % %FROM sensation Insurance davit name: 'B 4V L O f i S G✓1 location: ( 1q N y'A c- city �a MC, "+"\ phone# �"U I am a homeowner performing all work myself. I am a sole proprietor and have no one working in any ca acity ArIl //%//%////////%%%/%%%%/%%///%/%%/////////////////%/%/%//%%//%%%%///%%%%/%/%/%///%////%%%//%%%/%%%%%%%%%%%%/%%/��%%%%%/%%%%%%%%/%%%/%%/%%/%////.�';;�;'; ❑ I am an employer providing workers compensation for my employees working on this job. compnnv name: address: city: phone#• insurance co. nolicv# ❑ I am a sole proprietor, general contractor, or homeowner(circle one)and have hired the contractors listed below who have the following workers* compensation polices: company name: address: city phone#r insarnnce cn. iaiaia�aaaiiaaaiaaiaiiiaiiiii/iiiai camnanv name: address: city: phone#c insurance co. olicv# i;iure to secure coverage as required under Section Ri of MGL 152 can lead to the imposition of criminai penalties of a fine up to 51.500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of SI00.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. 1 do hereby cerri&under fhe pains and penalties of perjury that the information provided above is tru,-and co rr ct 1 Signature / 04 aelz, / Date 7 Z 6 Print name L`'g y ✓ 0" t`S l`� : a`� Phone �• ( 0 2 / Comncial do not write in this area to be completed by city or town official permitNcense# ❑Building Department❑Licensing Board ediate mponse is required ❑Selectmen's Office ❑Health Department phone#; ❑Other (revues 9i95 PJA) Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their M — ee is defined as eve person m the service of another under any Con""- employees. As quoted from the "law",an employ every Con""- of hire, express or implied, oral or written. 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 receive. 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 work on 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 section 25 also states that every state or local licensing agency shall withhold the issuance or renews: 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,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 in the workers' compensation affidavit completely,by checking the box that applies to your situation and supplying company names,address and phone numbers along with a certificate of insurance as all affidavits 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. City or Towns 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. The affidavits may be retuned io the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you 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 Me of Imlesduatlons 600 Washington Street Boston;Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 ext. 406, 409 or 375 v. 4 t x' 6C3�4fY..r ! Ts f4'+d`aK !O#4� yC r i~j O ►"'��'�, .'�Y � s� - o� t � v N{p r w V�I y,LN ao r+t f , STANDARD LEGEND 055 �/ / , �Q. 60IFdW6F EMEWB C 6EODUOUSTRM , O EosEOEEasN / OIMTEAM DR MURM �� aMDEEaaIST� AP MAIM MU .� IDif DE MG1Ee T 4 / _F-DIET we .� �\ DMNEWMS \ PAlOM61DE •.\ 1 YED MOAD wuz PATN/TURL PTOPOOYUMES •.\ I I :rammNlDlle LINE lOPo0T mM10Ut WIE i SPOT EOATgM STOEIE WALL ,- M .P 3 A � � / — —1 EEMQ MMUNG WALL UM MOAN TRME STUNIFEW `\ SIMAIWM6 POOL POROI/DEQ ,'\ I i i ( O• NUIIDm/SfeUQUETS p ASSE M AMP 6OUNDIN p� PAW \ l O ME a TORN \ l` O IBIS O HITM SITE MAP /• 4 \ ' T.O.E.6E0611APNIO IMFODUTIOM SYSTEMS UNIT SCALE:in feet i I 1 0 20 40 1 INCH=40 FEET W E IMiM A4 P. NN16TMEPA@IIMISAR(ANY uc MR113HIOTMIIEOE j \ EMOEW WAMMg11Cf AE laTEDE uMAOMM a16194 � H6tOD101 YMI01OaNW014MMlEIImItlNIA1M'd111Y0L FMWOBAINE O I'-107.N1MNEIOE D4A COflIOB IM111 HK AMnE�Dcemuaarrarl.rm.®uMMreal•—Im. ram E10ewmfnl•-107010®MEMSEMYSIM. 101NAREMM I•-IOD'.IOlM1O6YVSISIBRA ENRIRO • SOILNYWOlAB. C3V IL, t)l064 r rat" $ - 44- \q � e��" s 0,C. ALL L UMDCR TD 8C— p32v�n5 �® Dose � ST ) ,5 .. MAPS -14 P .C.._. �mZt To S T1 C� r - -- - - CkI5Tt�j 414-NA , PRF5s'4?E Ti RrATI-,-C) 0;E �� , B� • j� .� -- ) 5 t To X 15 T 1 U (4 _,:, ...._...._,.__........................ ._..............,_:...,........__............. :_......__.._ __ �3 u r) NA ............. A .I. LQMCCR -tiD 615 PR �� �ss t?C 1 Rr AT�. � lab A�•'v1 Yw�- +i'��? . Q ALL )-o13fi M R P A 6- e To �'�,G Kind s k�x�� ��-Q�� �,�•� �V � � !� _-..._----_--. r' 'vt 15 ex(s rl �wNE2 ; WILLIA1,[ L-ATiM !5P, �X1sTINCr CaNTRhGToR : BDB Pic, rUkSb0 FAr A L r�� A T 5 �5 OcFAN �r o a H. l< } ��r� �s� lA� " t \.• ,;-tea �� ' } TS� iL. Dt0ct tZ 1� to H � ,` Qx�srir�C� ck LANE I A k,4 \ vs , s o �wNER ; WtLUM-t L.AT M !aP �XlsTINCv Ca N TRhGToQ , BOB Pt 6 RK1Svf3 . p grid ,:t ...� �..- A T 5 �5 A N � s r �r � } J X 15 1 1 IJ Gc o tx a b cbs is "f o W lLQAr4t L-A T M P �xlsT /N Cc,NTRhcToq : BoB p,6, REAP WA -L A T to . ,.A ;w j I '•IL q + 3 Map 2 Parcel �T Permit# �� House# Date Issued Board of Health(3rd floor)(8:15 -9:30/1:00-4:30) Feed S' Conservation Office(4th floor)(8:30- 9:30/1:00-,2:00) A� Planning Dept.(1st floor/School Admin.Bldg.) AMICANT A SEWER CONNECTIO M THE Definitiv - n Approved by Planning Board )VA 19 D/j INGGIN EB DWNST a TOWN OYBARNSTABLE F 'F°""�',e Building Permit Application Proj eet Address G E cg✓t -F Village a A A:S Owner a 4- /1 f 111 e /_Q e r Address Y"ae ,`a �n a s � 4e �� Telephone — _ - 2 05 Z- d J ,Y I Z o 19 Permit Request w,oy E- L. 0c9!"" First Floor - square feet Second Floor square feet Construction Type Estimated Project Cost $ `�d oo Zoning District Flood Plain Water Protection Lot Size Grandfathered ❑Yes. ❑No Dwelling Type: Single Family a Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House ❑Yes ❑No On Old King's Highway ZI Yes ❑No Basement Type: 9��ull ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: Existing New Half: Existing New No.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 Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) ❑Attached(size) ❑Barn(size) ❑None ❑Shed(size) - ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use r Builder Information Name 0 rr ;so Telephone Number 3 9 - 2 'L 2 cP Address i r_N1 e l�;(� e ,r License# Cj 3 9 9 0?, l o M Home Improvement Contractor# D 2 ce Worker's Compensation# 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 BETAKEN TO he 1,1.5 SIGNATURE e r DATE_ D ci R ' BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) 1 - c �— - FOR OFFICIAL USE ONLY t PERMIT NO. DATE ISSUED MAP/PARCEL NO. wq ADDRESS VILLAGE i OWNER , . . DATE OF INSPECTION: r f FOUNDATION71 •~ - '' ' FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL 4 + PLUMBING: ROUGH ' FINAL -. , GAS: ffi RO,-ibH FINAL 1 ' FINAL BUILDING- DATE CLOSED { ASSOCIATION PEADNNNO. { . °: The Town of Barnstable • �uvsrnaz,E, • - , � Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner Permit no. Date O L 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 adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: m Q u t fw ;Yaa e vt — n s 4a IJ o 6 Estimated Cost O e t c,,iC.IAew C. r%t4 Address of Work: S GC— 0 c e 4 Owner's Name: .'l I(`q gin. L-4-i Date of Application: I 0 g _ I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law C]Job Under$1,000 Building 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 here/by apply for a permit as the agent of the owner: ice! ?/, A (C. 11r413 Date Contractor Name Registration No. OR Date Owner's Name q:forms:Afftdav The Commonwealth of Massachusetts Department of Industrial Accidents >d Af>ice offayrestigatioos 600 Washington Street - +� Boston,Mass. 02111 Workers' Compensation Insurance Affidavit ON name: �ta� /"1 c� 0 ✓1 location: l�l a I`I I e 10 d ` city 5 b,-t m o-41A Met ,et , phone ❑ I am a homeowner performing all work myself. I am a sole pro rietor and have no one working in any capacity ❑ I am an employer providing workers' compensation for my employees working on this job. company name: address: city: phone#: insurance co. policv# ❑ I am a sole proprietor, general contractor, or homeowner(circle one)and have hired the contractors listed below who have the following workers' compensation polices: company name: .... ....:..::.:.: . address: city: phone#: insurance co. olicv# company name: address: city: phone#: . . . insurance co. - olicv# Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a tine up to$1,500.00 and/or one years'Imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of S100.00 a day against me. I understand that a copy of this statement may be forwarded to the OMce of Investigations of the DIA for coverage verification. I do hereby certify undue pains and penalties of perjury that the information provided above is true and correct c Signature 2 Date J o. 1 a q G _ Print name ll'I _Phone# 3 C( ofllcial use only do not write in this area to be completed by city or town official city or town: permit/license# ❑Building Department ❑Licensing Board ❑check if immediate response is required ❑Selectmen's Office ❑Health Department contact person: phone#; ❑Other (roved 9/95 PJA) Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law", an employee is defined as every person in the service of another under any co=-- of hire, express or implied, oral or written. An employer is defined as an individual, partnership, association, corporation or other legal entity, or any two or mote of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the recei Ve: : 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 work on such dwelling house or on the grounds c: building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renew: of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who hay not produced acceptable evidence of compliance with the insurance coverage required. Additionally,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. , go Applicants f Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and supplying company names, address and phone numbers along with a certificate of insurance as all affidavits 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. City or Towns 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. The affidavits may be returned to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you 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 fax#: (617) 727-7749 phone#: (617) 727-4900 eat. 406, 409 or 375 �a 7 t i �1....0 c 73X l� .- i' ;f• .r. ran .ra �.. N' «z�'N .�.N�Or�•�i _ .. ,� � m r" r - BARMABIX The- Town of Barnstable 059. . Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner July 25, 1996 Ben amin Zehnder 46 �outh Orleans Road P.O. Box 236 Orleans, MA 02653 SPR 6 - 6 Secured Capital Corp., Lodging Houses, 493, 503, 511, 517, 549, 557, 565 cean Street, Hyannis,: (324/113, 117, 49, 48-2, 45, 43, 114). Dear Mr. Zehnder, - The above referenced site plan was reviewed at the July 25, 1996 meeting of Site Plan Review Conunittee and deemed approved and forwarded to the Zoning Board of Appeals with the following condition: Reconfigure (rotate) parking spaces at house # 493. Please be informed that a building permit is necessary prior to any construction. Upon completion of all work, the letter of certification required by Section 4-7.8 (7) of the Town of Barnstable Zoning Ordinances must be submitted. Should you have any questions, please feel free to call. Respectfully, Ralph M. Crossen Building Commissioner