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0128 PINE STREET
-'a � p� s� � _ �� o�� ___ _ _�__ _ _ _______ _ ___ _ _ ____ � , P /, J � =' a R 4 Town of Barnstable Zoning Board of Appeals Decision and Notice Special Permit - Family Apartment Appeal No. 1994-65 Application Summary Granted with Conditions Applicant: Howard A. and Nancy J. Thomas Address: 128 Pine Street, Hyannis, MA 02601 Status: Applicant is beneficiary re Trust Agreement of Mary E. Thomas Trust. Property Owner: Mary E. Thomas (owned 53 years) Property location: 248 Pine street, Centerville, MA 02632 Assessors Map/Parcel: 228-040; 0.33 Acres Zoning: RD-1 - Residence D-1 District Zoning Overlay District: AP - Aquifer Protection District Applicants Request: special Permit - section 3-1.1 (3 D) Family Apartment. Activity Request: The applicant is proposing to use part of an existing home plus an addition for a family apartment for his mother. Procedural Provisions: Section 5-3.3 Special Permit Provisions. Background: The locus is on Pine Street one lot east of Horatio Lane in Centerville. According to the assessors field card the parcel contains 0.33 acres and has a 2,400 sq. ft., one and 3/4 story dwelling with 5 bedrooms and two baths built in 1920. The proposed one bedroom family apartment is to be located on the first floor in. the 22 ft. by 17 ft. addition at the rear of the dwellling [containig a new bedroom, bath, and laundry] and in the remodeled existing first floor [containing a kitchen and living room] . A Sketch Plan labeled "1st Floor with Addition - new structure 17 by 221, showing the area of the addition and the proposed family apartment is submitted with the application. Procedural Summary: The application was filed in the office of the Town\,Clerk and at the Zoning Board of Appeals office on June 7, 1994. A public hearing, duly noticed under MGL Chapter 40A, was open on July 20, 1994, at which time the hearing was held and a decision to grant the appeal was made. The appeal was heard by Board Members: . R. Barry, R. Jansson, G. Nightingale, E. Glynn and Chairman R. Boy. Howard Thomas representing himself requested a family apartment for his mother. He reviewed the plans he submitted to the file for the Board, had checked his setback requirements and is not in violation of any Zoning Ordinance. He acknowledged the need for a Title V upgrade as he already spoke to the Board of Health Department. He read the staff report and agreed with 1 Decision- Appeal No. -1994-65 special_ Permit - Family Apartment: Thomas all,the terms except the full buildout condition which he requested be dropped as he was hoping to build a second story someday. R. Jansson said the request sounded reasonable. He asked Mr. Thomas if he had read and understood the Zoning ordinance regarding family apartments. Mr. Thomas said yes he had. Letters from abutters in favor of the request were acknowledged. Public comment was requested. There was none. G. Nightingale gave the FINDINS: 1. The petitioner has complied with section 3.1-1 (3D) for family apartments 2. A deed has been submitted to the file naming Mr. Thomas as owner of the property. 3. The applicant, Mr. Thomas understands the conditions of a family apartment and he has complied. Second: E. Glynn R.Jansson wanted to add a finding: 4. That in granting this relief sought it would not be detrimental to the neighborhood. Second: E. Glynn The VOTE was as follows: AYE: R. Barry, E. Glynn, G. Nightingale, R. Jansson and Chairman R. Boy. NAY: None ORDER: A motion was made by G. Nightingale and seconded by E. Glynn to grant Appeal No. 1994-65 with the following conditions. 1. The deed presented naming Mr. Thomas as owner of the property be filed at the Registry of Deeds and a copy submitted to the Boards Office. 2. The family apartment be built according to plans submitted to this Board. 3. In the event of a violation of the family apartment ordinance a show cause hearing will be or and this Board retains the right to review this application and revoke the permit if necessary. The VOTE was as follows: AYE: R. Barry, E. Glynn, G. Nightingale, R. Jansson and Chairman R. Boy. 2 Decision,.- Appeal No. `1994-65 Special Permit - Family Apartment: Thomas NAY: None This Special Permit must be recorded at the Registry of Deeds and the petitioner has one year in which to exercise the Permit. 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 o the filing of this decision in the office of the Town Clerk. Richard Boy, Chairman VDate signed 2 Linda Leppanen, clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 19 � e— under the pains and penalties of perjury. o Linda Leppanen, Town Clerk cc: Applicant Building Commissioner Board of Health ZBA File 3 TOWN OF BARNSTABLE Zoning Board of Appeals Pi lic-ati,on for Family Apartment Special Permit �r� -L' -- Date Received k _ For office use only: Town Clerk Offi �� t _, �, ,.„,.,Appeal 1 # 6 searing Date f ' _ Decision Due The undersigned. hereby applies to the ZdFing_=Board=of:appeals for a special Permit. for the development and maintaining of a Family Apartment in accordance with Section 3-1.1(3) (D) of the Zoning Ordinance, in the manner and .for the reasons hereinafter set forth: Applicant Name: NowRA0 A. / qvc y 0. j yaMRs , phone Sioig Applicant Address:. 12S p/N& ST. NyANN/5 mA p 260/ Property Location: o2yg PhV9- 57. , C3V7-ReV&a;-, IW,4 02.C 32 Property owner: MJ92y B. 7NoMY/AS Phone Soi- 975-ag3y Address of owner: a yj P/N� S% , C&Tl76�V/tl.E� rn,4 b2.< If applicant differs from owner, state nature of interest: 7h& 01ZoP0W AT a y9 RIME si ;s P12F,5'ov7,�y /Ar MY Q7 Atzy e. 7THOWAS) MAIWF 7#6 (�/Z Ol.E53 G!c 8elly& 1py it,9Mp. Number of Years owned: f WNW &y .7 m�S _ 57,3 yRqK'! Assessors Map/Parcel Number: .2 a 19 _ yp Zoning .District: RB [ ], RB-1 [ ] RC [ ] , RC-1 [], RC-2 [ ] , i RD [ ]i RD-1 [tj', RF [ ] r RF-1. (]i RF-2 [Ji RG [ )r RAH (] i PR [ ]'� Groundwater overlay District: AP . (►�;, GP (] WP H - Name(s) and relationship of the family members to occupy the Family Apartments Name: trl'1 q2`l �, ") 140 MA S Relationship to.owners: M C9?a}E(Z ci- /u ZX Name: Relationship to Owners: The Family Apartment is to be developed: X within the existing single family structure. as an addition to the existingsingle family s g y structure. [ ] in an existing accessory building. [ ] other - Please Explain: Application for Family Apartment special Permit Description of Construction Activity: A aaZx n A Oonwj�lw To -Ty gg� 70 14C6ChL `15 7#-v -8W" '1 4A)D 041-h ADD QM60X,11J6 �N kl 5`1iN R.VeT0n6- `Ty j404 A/V 5-k i 6Yi nr4� Qam1 Yo Rx crsry ri,4t A 1,i u/"V6- /2corn, 1,14vNA41-Y -X 49 6,N42W Proposed Gross Floor Area of the Family Apartment Unit: . . . . . .. . .. . �/1-, sq.ft. The Gross Floor Area of the Existing Single Family Dwelling Unit:< <.,�-3 L J sq.ft. Do all structures, existing and proposed, comply with all setback requirements for the Zoning District in which it is located? . . . . . . . Yes[tr No[] Will this be the permanent address of the occupant(a) of the Family Apartment: ... . . . . .. . . . .. . .. .. .. .. . . . . . . . . . . . . . . . . . . .. . . . . . Yes[d No[] If no, Please Explain: Is the property located in an Historic District? Yes[ ] Now/ If yes ORH Use Only: No Exterior Changes. . . . . . . . . . . . [] Plan Review Number Date Approved Is the building a designated Historic Landmark? Yes[] No[y/ If yes Historic Department Use only: Date Approved Is the property served by public water supply? Yes[►' No[] Is the property on private septic? Yes[V( No[] If yes Health Department Use Only: Title V System Yes[ ] No[ ] Date Approved signature: Date: Applicant or Agent's Signature Agent's Address: Phone: Town of Barnstabel Family Apartment. Affidavit I� owRR� A. 1 hom�5 , being on oath depose and state as follows: 1. I reside at 0?yg P/lVg- 57 , CCNT&AV1CL9r &4 that I have owned since , and which is my domicile and principal residence. The property is shown on Barnstable Assessors Map and Parcel Number 2 2g/Y o 2. on , 19_1the Zoning Board of Appeals, in Appeal No. granted to me a Special Permit to develop and maintain a Family Apartment in accordance with Section 3-1.1(3) (D) of the zoning Ordinance and in agreement with condition of that Special Permit at the premises above. 3 The following members of my family will be the sole occupant(s) of the .Family Apartment Unit Name: M AI 'q r . -T ky?)AS , Relationship to owner: 6740(z-. Name: , Relationship to. Owner:. I understand that the Family Apartment: * shall only be occupied by members of my family who are persons related to by blood or by marriage, * shall be the primary year-round residence for the identified family members, * shall not be sublet or subleased to any other person(s) , and * shall, at all times, be in compliance with all conditions of the special Permit issued by the Zoning Board of Appeals, including plans and commitment made in the application and approved by the Board. This 'affidavit shall be filed annually with the Building Inspectors office and if the unit shall be vacated by the above identified family members, I shall within 30 days notify the Building Inspectors office of that and shall immediately proceed with the removal of the family apartment unit. In the event of the sale or transfer of ownership of the above property, I shall notify the building Inspectors Office and shall surrender the special Permit for this Family Apartment. Sworn to under the pains and penalties of perjury this day of 1J V N '�. , ' 194t Signature: (Please Print) Name: t-pwptW ,�� 'IOMAS Phone: -67 SS Hailing Address: /, , P/N 1"57. �/�/yf�RJ/v/S �yjl�, d 0/ . Notice For Public Hearing The .following are the most recent names, mailing addresses and corresponding Assessor's Ma & Parcel arce 1 Numbes owners, the owners of land directly opposite onf any epublic lor prvateng y street or way, and all abutters to the abutters within three hundred (300) feet of the property lines of the subject property. Assessor's Map & Parcel Number Owner's Name Address lit y/ ;otA`D/NG 34crlrw4o 222 p/Na: crestrt;xv/oce /'yip ez652 13 R I�1 ply //6yD u�r�rd,2 s /Zd Ut / '/6 P19PIE'4t VIVIAN y D DI}K6ri, aF3 P/N� s7, Gr�ITFYLYIal� Yl1A o7G3Z �2J l 6_/ ea VM-ttw"t'r rnA OZ4; z rulbtf'I' L66G sdAll 30l d�lNr xT G1�A17t,7Cyl�� r1lq o�632 At%/ q& 2 DwftsHT G066 e,5oi) , 2�&f 17 ANNL+ C. AliLma2 C IT YILc MO oz6,�Z /�INt; 5'T GL'T/Tr�Vw6u /rlR j O�G 9Z 725 98 M I C H AeL -r 7EA4WtY1,f s A"D096C a5 /+71-1pe/tvV' Rd. ee,/ratv//ls MA. GZGBz 228/ $7 DOME. Es. A AA4z 3a7 P/Ng s'T, 228f ly/ �DLv/iRD L pe/RSoN { Ga�►7�AVl(.L4 /hA dze a&a PI Ve 6'T / Gr;7JTE/ZVitoc !hA L 67L�z GLA/R>r E PRICE- �y t/a/2/q�ld !1 CENTpZy/Ll� IVA 624az 22y� /y2 Z TBkRY J f LINaA C. GRlFFITII . /5l No2RT�o aRJ 2UJ 19S PA yNNe o �o9e 'A /fip , o ZGo2 y/ h��/�D bvRTFr�25 Ad. ! G�c�l TeQC.y/GL�/ lY1A OZ6 3Z 2251 /if 57 FYF""N (. t LYNN E 14 5c/Nbll , 27/ r�/NG ST G67V/E/L.V/l.L�, rn 62Ggrz 22S/ /7y �2t ' A�sll+ L. 112�s5 2 1��n4 >.: 1�i9 Cc,�v7t5YLt1Ic a t4'lA a 22s 39 2 i�c�x 21 c EST Q2P ! .z2$ PiNa sr, c�rr eViL�� 22S 3 13�X R&74t ESl7l7ir- � � ✓YJA 'GZG$� ZOI��. Cd]eP. 2 5 H0(_.47/a 22 y 7NbYIlAS D. (ZOI3&YLTS /1e NERR/IV/r Ru/y D� ylLc� //1A dZG3Z 229l 17 M41219 IT SALVO Cc t 224 sz !2o N�nkING. 2v/v cEav��e✓Lca /►/A a z��z 7oLyN (� L�ARNS/94g� ldW< Yt v,4?lAW COMM/�si6' /�tyAn/nl5 m/a O ZGo/ 2 24 9 K3 Z7 L -- N RN G Y E / �1AW fit! ROA RT/O L R £,�Y76/ZViI c //1I9, O 262 2Z4/ /O2 LILL/p,ti/ ba>;x/a/ (g2ALD/iCllt / cK!>7pN o23N 1�/�W Sir L�l ✓ILLS' /!d1/ 07.�$Z 22q4 &RG AN 2 2 2 229//30 IOGt,OJ d ,1�-Ld�� 57 G&7�/7g2 V/L mA 6 26 Pz G� l�,ODatC-�7�Fi� e�d7ZUl$TIo�, /� �a 1GStGfA,� NVi4►yA.+�S !�'It/ a 'C�at S 1111Q�a/ K. OB(ZI6N 2N,6 LOVE S7. C�17pa2V/G sl YYl/3 LS 2G3Z 298/ s / &O I L 14 thAR.ScN 22 P/N"7 1 [c�y5rr�2y/cc� �IilO a SG$z aY4/ !0 'To (h + If/Kce,1 o 2T T2/ry/TY 1104 c [�vTs2y/acs D �7w2wcc>� /A/SuQAiy� Co �� TR 3z /2 , PiN s S7' c x/7792 yiLca r>,.�. a z6 xr. e-Twl#&w + i3 ARBR2A 6'j&91&V 2L A//Vt -1 e rr�e Y�c r+z.0 2YQ/ /3 L.S57¢/L -r ►Z'Ll4/N1r /U a iw 3 z RIN2 ST C1 Y7MV/ccg /hq, a,xG f * N O T I C E Upon submission of application, it is required that all facts and documentation necessary to support the relief being sought be presented by the applicant. The failure of which may result in the denial of the application at the scheduled hearing. �y8/l�' 11=�F�e-y �+• 21xaN ao2 �lN� b7. sy4�/S T19N►� N 14►JSb�/ � 2b 9/N� ST.) G6�lT�.VlLc,s, �A. O 26 3 z aY4/ .l susl bHAIIII Lr 3/ CNI�OS 5-T, ,/ , C&N7b'YLY/GcirJ AYgl 2 ToFIN or, t Q'grle d. sNe� NA,�1 Sl CNILOs sT / c�lT�v/L� n/A, azb3z c1414tL, t' ct71(d216ir G ox/ 3Y CHI LOs s7.J GplT�Y6t,t s �114, a zG 9 z June 7 , 1994 Town of Barnstable Zoning Board of Appeals Town Hall Hyannis , Ma. 02601 Gentlemen, In order to help explain the circumstances surrounding this application, I am including the following information: 1 . The house in which the family member apartment is to be built is presently owned by my mother, Mary E. Thomas , who is in the process of transferring ownership to my wife and I. 2 . Once the property is in my name; I will be able to proceed with the remodeling project to. make an apartment for my mother. When the apartment project is complete my family and I will be moving into the main part of the house. 3 . The present house contains 2363+- sq. ft. The addition to the house. is 374 sq. ft. Once completed the main house will have 2298+- sq. ft. of living space and the family member apartment will have 612+- sq. ft. The total sq. ft. of the remodeled structure will be 2910 sq. ft . 4. The present house has a living room, dinning room, kitchen, den, 5 bedrooms and 2 baths . The remodeled house will have; Main house - living room, dinning room, kitchen, 4 bedrooms , 2 baths and a laundry; Apartment- living room, kitchen/dinning area, bedroom and 1 bath. 5 . The current septic system will be upgraded to a Title 5 system for a 5 bedroom house, that is a 1500 gal . septic tank with 2 leaching pits . The setbacks from lot lines ane.. structure are adequate to locate the system properly. Sincerely, Nand Thomas Howard A. Thomas Y June 7, 1994 Town of Barnstable Zoning Board of Appeals Town Hall Hyannis, Ma. 02601 Gentlemen, I am presently the owner of the property located a 248 Pine St. , Centerville, Ma. , Town of Barnstable Map 228 - Parcel 40. In order to facilitate the construction -of an apartment for myself at the above location, I am transferring ownership of the property to my son, Howard A.Thomas and his wife Nancy J. Thomas .. The transfer is in the hands of my lawyer at this time and will be completed in the near future. Once the transfer is done, it is my sons intention. to have the family member apartment constructed for me -and move into the main part of the house with his family. Sincerely, Mary E. Thomas ZONING I DISTRICT UODE SP•DISTS.I DATE PRINTED(CLASS I PCS I NBHD KEY NC 0250 .PINE:ST T`- 0' D= LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS" 228 3 9 Land By/oete SI:e Dimenelon 'Y UNIT ADJ'D.UNIT T H 0 M A S. 'M A R T E 'M A P- CD. FF•De lh/Acres LOC./YR.SPEC.CLASS ADJ. COND. P PRICE PRICE 'ACRES/UNITS VALUE Descriptions #LAND '1 30,100 CARDS IN ACCOUNT. L 10:18LDG:SIT:1 ; X1' '.3 itl OC 203 44999..9 . 91349.98 1 .33 30100 : :#BLDG(S)=CARD-1 '1 `107�800 01 OF 01 A NPL 248 PINE-ST :CENTERVILLEOS T N BATHS 2.0: U Xt C= 100 6139:0 6139.00 .'. 1.00 6100 B ORR".1258 0116 ARKET 13 Mn p FIREPLACE U X; C= 100 • 3069.5 3069_50 . 1.00 . 3100. 8 INCOME - A SE p PFRAISEDIVAL"UE p' J ' 137:900 A U ARCEL SUMMARY : T S AND 30100 A T LOGS '107800 M +IMPS F E OTALt ' 137900 CNST E T DEED REFERENC Tyw DATE Recorded R I O R'.YEAR +V A L U A c Book Pape Incl. Mo. Yr.D Set-Price AND 30100 T J 581/573 00/00 LOGS 107800 U OTAL 1137900 RC' E, INCME BUILDING PERMIT Number Dale Type Amount LAND LAND+ADJ SE SP-SLDS FEATURES BLD-ADJS' ' UNITS 30100 9200., Class Conal. Total Base Rate Ad' Rate Year Bu II A e Norm. Obay. Unlls Unila I' A u9 19 9 Dow. Con,,. CND. Loc. %R.G.. Repl.Coat New Adj.Repl.Value Stories Haight Rooms Rms Baths a Fix. Panywatl Fac. 01C+ :OD0 . :105: 105 • 63.50 66.68 120 :75: 16`$4. . 95 79 :136407, . 107800.11_8 9 '5 2.0 7_0 Description Rate Square Feet RePi.Cost MKT.INDEX: 1.1:00 IMP.BY/DATE: / SCALE: : 1/D 0.54 ELEMENTS CODE CONSTRUCTION DETAIL S BAS:100 66_68 1200 : 80016 : N L Y':D LING CNST GP: 00 T iFWD 85 8.50 , . 196 1666 *--14=-* . STYLE 04CAPE 'COD 0.0 FOP 35 23..34, 168 � 3921 ! R EyfGR-A-oJMT- -OiD SL&N-AoJUSI`---3=0 U 818 52 34.67•. .1200 - 41604 14 14. -------1T.-0 C FWD EA'irlAt rtYPE . 04 IL--------------- U=0 T *- 13-r.27-40--.*- --* . fNTr fF.FINI$H 00 ------------------1T=0 U ! ... -N1 R=LA Y60T 0.1 ------------------- 0 jR ! ! INTER.QUACTT 02 AME AS EXTER. 15=0 A FLOOR STRUCT- _00 ------------------0.0 L 0 W .30 BASE .30 . EFLy6Ff tovEA-- -00 -------------------U.O E TotaAeae Aua_ 364 "Baas_ 1200 ! _ b0� TTPE---- -DO ------------------ZJ=Q .._ - BUILDING DIMENSIONS )t, �.- T EL�frtRICI(C'-- -Q0 -------------------U.-O SAS N30 E40 .S30.W40 FWD N30 ._ _ FOUN6AT-M--- -OD -----------------9V=9 I . E13 N14 . E14 ,S14:W27 S30 :FWD ._ --------------- --- -------------------- L- " FOP E10 -S08 E21 •NO8 W31 ' ._ X-10-*.----40--..---*---* L -----NEIGHBOR 606 4V58-CENT'ETtVILLY-- 8 FOP 8 LAND TOTAL MARKET PARCEL 30100 137900 -----21----* AREA 14295 VARIANCE +0 +865 STANDARD 25 S TOPOGRAPHY LEVEL * TOPOGRAPHY * UTILITIES 2 PUB WATER * UTILITIES 4 GAS * UTILITIES 6 SEPTIC ST FEATURE 1 . PAVED * ST FEATURE ST FEATURE * ST. COND_ * TRAFFIC 2 MEDIUM DWELL LOC. 2 MIDDLE * LOCATI ON * AMENITIES * AMENITIES . NUISANCES * NUISANC ES * Town of Barnstable Planning Department Special Permit - Family Apartment Staff Report - Appeal No. 1994-65 Date: July 11, 1994, To: zoning Boar ppeals From: Robert P. Schernig, Director Art Traczyk, Principal Planner Dave Palmer, Assistant Planner Application Summary Appeal No. 1994-65 Applicant: Howard A. and Nancy J. Thomas Address: 128 Pine Street, Hyannis, MA 02601 Status: Applicant is beneficiary re Trust Agreement of Mary E. Thomas Trust. Property owner: Mary E. Thomas (owned 53 years) Property location: 248 Pine street, Centerville, MA 02632 Assessor Map/Parcel: 228-040; 0.33 Acres Zoning: RD-1 - Residence D-1 District zoning Overlay Dist. : AP - Aquifer Protection District Applicant's Request: Special Permit - Section 3-1.1 (3 D) Family Apartment. Activity Request: The applicant is proposing to use part of an existing home plus an addition for a family apartment for his mother. Procedural Provisions: Section 5-3.3 Special Permit Provisions. Filed: June 7, 1994; Sched. at 7/20/94 ZBA Mtg. Procedural Notes: The first published notice and the notices mailed to the abutters for this appeal had an incorrect street address. (Patriot July 07, 1994) . The error was corrected in second notice published July 14, 1994. The correct common address is 248 Pine Street Centerville, MA. The Assessors Map & Parcel Number and the list of abutters is correct and proper. The Board may wish to poll. the abutters and applicants to determine if the notice would constitute a procedural defect. Staff apologizes for any inconvenience this may cause. Background: The locus is on Pine Street one lot east of Horatio Lane in Centerville. According to the assessors field card the parcel contains 0.33 acres and has a 2,400 sq. ft., one and 3/4 story dwelling with 5 bedrooms and two baths built in 1920. f Staff Report - Appeal No. 1994-65 Special Permit - Family Apartment: Thomas The proposed one bedroom family apartment is to be located on the first floor within a proposed addition of 17 ft. by 22 ft. The addition is to be to the rear of the dwelling and is to contain a new bedroom, bath, and laundry room. The kitchen and living room is to be created by remodeling within the existing first floor of the structure. A Sketch Plan labeled "1st Floor with Addition - new structure 17 by 22" showing the area of the addition and the proposed family apartment is submitted with the application. Department Comments: 1. The presented addition and remodeling plan add a new kitchen and a laundry but do not increase the bedroom count which remains at 5 bedrooms. The bathroom count is increased by one to a total of three. 2. The applicant should be prepared to address before the Board, each of the requirements for a family apartment as itemized "a through q" of Section 3-1.1 (3) (D) conditional Use Family Apartments of the Zoning ordinance. The applicant should also be informed that to maintain the Family Apartment a yearly affidavit must be submitted to the Building Commissioner. Suggested Conditions: If the Board should find to grant this request for a Special Permit - family apartment, it may wish to consider the following conditions: 1. The Family Apartment shall be developed as proposed on the sketch plan submitted to the Board with the application. 2. The family apartment is limited to 620 sq. ft. gross area. 3. The applicant shall comply with all Heath Department regulations and all Building Codes as applicable. 4. The present level of development shall be considered full buildout during the term of this Special Permit. copies: Applicant Owner Building commissioner Board of Health Zoning Board of Appeals Files i TRUST AGREEMENT OF MARY E. THOMAS TRUST I, MARY E. THOMAS, of 248 Pine Street, Barnstable (Centerville) , Barnstable County, Massachusetts 02632 being of sound mind, make this TRUST AGREEMENT of my own free will , and revoke any other Trust Agreements I may have previously made, and . any amendments to those Trust Agreements. ARTICLE I L., as Donor,having paid over, assigned, granted, conmreyed, transferred, and delivered by this Agreement, do hereby I:ay over, assign, grant, convey, transfer, and deliver unto i:he Trustee the property described in Schedule "A annexed hereto and .made part hereof. Said Trust Property shall be held, admin- istered, and distributed by the Trustee as hereinafter sE't forth. ARTICLE II The Trustee shall hold, manage, invest, and reinvesi: the ,,Trust Estate (if any requires such management and invest' ment) and shall collect the income, if any, therefrom and shall dispose of the net income and principal as follows : (1) During the lifetime of the Donor, the Trustee shall pay to or apply for the benefit of the Donor all the net income I HARD L CURLE:Y of this .Trust. _ .TORNEY AT LAW 72 PINE STREET 'ANNIS,MA 02601 :506)775-0346 iI Ji i� (2) During the lifetime of the Donor, the Trustee II ' shall pay to or apply for the benefit of the Donor such sums from the principal of the Trust as shall be necessary . I for the medical care, comfortable maintenance, and: welfal. '. II of the Donor. (3) The Donor may at any time during her lifetime — I� froand m time to time; withdraw all or any part of the II �i principal of this Trust, free of Trust. (4) The Donor may add other property to the Trust: Ii (5) The Donor may change the . beneficiary (ies) ,. her i 11 respective share (s) , and the plan of distribution. !I (6) The Donor may amend this Trust Agreement in an.y ,I ji other respect. ,I (7) The Donor may revoke this Trust in its entiret-i or any provision therein.. ARTICLE III II — Upon or after the death of the Donor , the then Tru::tee j shall distribute the Trust Estate as then constituted in j accordance with a schedule of distribution attached herr.to II and marked "B" (Schedule .of Distribution) . i. iI ARTICLE IV The Trustee shall have in addition to those conferred ' ! jl by law or otherwise the following discretionary powers , iI privileges , and exemptions : `I (a) To administer, retain, invest, and reinvest the Itrust fund in any state or jurisdiction and in any property 11CHARDL. CU.RI_EY I real or personal tangible or intangible (including inve:;tment ATTORNEY AT LAYS I - ! ^2_ 72 PINE'STREET HYANNIS.MA 0260• ! (SOB)77S-034!i I - I ies and common trust funds without the necessity of. notice to beneficiaries) whether or n suitablefforkind trustr lr}: .a r proportion ordinarily consTo investments and whether or not productive �especteto mortgage • make. secured and unsecured to modify the teams. and other security held by the trust, ur�;hase partially, to foreclose and to p thereof, to release P ermit all or any part Of. trie at foreclosure sales . To p Tr ust Property to. be held in the custody of any indachlase or business entitled whether within or without Masual sach)asetts_. (b) To manage real property in such manner as th!:: . ustee shall deem best, including authority to etocfdedicate r. Tr to adjust boundaries , alter, or demolish buildings , J or public use without compensation streets , or other ways f .; . to• improve, repair, insure, subdivide, and .vacate any of said ro erty; to impose such easements , restr ec ma nseecfitt1The� P P stipulations , and covenants as the Trustee y Trustee shall have no duties toto m �ncludingtthesduty . to assume. with respect to any real estate inspect and appraise under 21 Code of Federal Regulations 9 . 7 (a) (2) , or maintain the real estate, unless asoarhomes'De so r . long as the Donor is occupying the property personal residence, provided however that upon receipt by the Trustee of a certificate signed by a physician stating that in the Donor is mentally o:c physi- the opinion of such physician,to business affairs , then the cally incapable of attending Trustee may inspect and pay from the income or principal of the Trust the reasonable expenses for mortgage payments , if any maintenance, repairs, taxes , insurance, and protection. of said home . (c) To participate in any reorganization, recapi,tili-- proxies ,or 4. zation, merger or similar transaction; to give P powers of attorney with or without power of substitution . for voting upon any shares or certificates of interest:. be- longing to the Trust.. (d) To sell at public or private sale, to borrow upon such terms as the Trustee may determine , to mortgage or pledge with power of sale, to lease rerardlessuch times whet:her the h terms as she may deem advisable an g lease may extend beyond the term of the trust, and .to exchange or partition all or any part ter the pro or personal '. at any time, without order or license from any court, and to .ti. execute any or all deeds or other instruments , necessary. ith or without covenants , appropriate therefor w which and representations. To abandon in any way , property they determine not be worth retaining . (e) To carry stock certificates and other property of RICHARDtL CURLEY the •tr11St in the form of streets certificates or in' the name ATTORNEYATLAW - of a nominee including her own, or in any other form ��.ithout -72 PWE;iTREET - ,disclosing the existence of the trust . HYANNIS.4A 025-)1 -3- ISoa),7'7 S-0!•IE I To hold separate trusts or any shares of a trust f ' in one or more consolidated funds in which the separate trusts have individual interests and on any division or distribution to make the same in cash or in kind or partly in each at such valuations as -they determine to be reasonable. ( ) To make payment or distribution directly to a]7 g i beneficiary whether or not competent or to apply the same for his/her benefit and in the case of a minor to cleposJ.t the same in .a savings account in his/her name or to inv::.st s ' the same in custodianship or trust for his/her benefit or . to make payment to his/..her parent or guardian for his/hF:r benefit. (h) To determine what shall belong and be chargeable to principal and what shall belong and be chargeable to, ' income, and in making that determination, the Trustee may , employ an accountant or attorney-at-law and rely upon h:.s opinion. To amortize or to refrain from amortizing bond premiums . (i) To retain such reserves and to pay out of income or principal as the Trustee deems proper for expense , t.:�xes , (� decpreciations , and the liabilities of the trust. (j ) To settle 'by compromise or arbitration or oth{;rwise any and all claims and demands in favor of or .against o' in any way relating to the trust property upon such terms as the Trustee deems advisable . (k) If the exercise of a durable. power of attorney transferring property to this trust results in. a probate .' estate insufficient to make payments of legacies , devis(;'es ; or any other payments provided for by the Donor ' s Will,. ,the Donor hereby directs the Trustee to. make said payments i - J.- rectly from trust assets or to transfer trust assets to ., the Donor ' s estates to permit her Executor to make said . .r payments It is the Donor' s intention to give the Trustee wide discretion in matters of management of the Trust Property, and the foregoing enumeration of powers is not. intended to exclude other powers reasonably incidental to such management ARTICLE V sL.tURLCY The interest of any .beneficiary as to income or prJ.nca_pal :EY AT LAW ,Lr iTRB[T shall not be - subject to anticipation, alienation,- or bein I:AA'02601 ^ ' 4 ..� any ;.} any other manner assigned by said beneficiary, nor shall al process/ bankruptcy interest be subject to any leg ' crLerencc or control of cred:.tors, proceedings or to the int . or of any SP Ouse of a married beneficiary. ARTICLE VI inall desic,nated Each Trustee hereunder (whether orig Y. . �W. ht to appointed as successor) shall have the rig i herein or app time by giving thirty (30) days ' writtI) notice resign at any to tha t effect to the current beneficiaries of the T::U,l and to the remaining- Trustee . ARTICLE VII Pending the qualifications of any successor . Trustee, \ the Trustee then in office shall have the powers di.scretions , and exemptions given to the Trustee . ARTICLE VIII No Trustee shall be liable for the acts or omissions \ persons administering the Donor' of any prior Trustee , or any p estate , nor unless requested in writing by a benefi�::iar_y, shall she be obliged to inquire into such acts or omissions; or to ascertain that the property transferred to her is the No Trustee shall be liable for the entire Trust Property . exercise of any powers or discretion unless such e>:ercise shall be the result of bad faith or gross negligence. ARTICLE IX If .the Trust Instrument is recorded in the Registrcr RICHARD I...CURLEY ATTORNEY AT LAW of Deeds , any resignation, appointment , acceptance of trust, 72 PINE STREW - I.•• —5— HYANN15.7�A 02d01 (500)77, -03•16 •, : or other instrument (including any amendment or rev:cation .. if permitted hereunder) may, but need not, be recorded in said Registry. ARTICLE X A written statement of any Trustee at any time as to.;' . any facts relative to the trust may always be relied upon :: . ;;,;;, and shall always be conclusive evidence in favor of any transfer agent and any other person dealing in good faith : with the Trustee in reliance upon such statement. ARTICLE XI " The Trustee shall render •accounts of the administration of the trust annually, except during such time, if any, as this Trust is revocable by the Donor and she or her guardian or conservator has waived such accounting i.n writir.:g. The i4j:� assent by all perons who, for the period 'of any 'account, :: ;: I F` were entitled or eligible to receive the income, of the Trust and on the last day of the account would have been entitled to receive the principal of the Trust if it had been •terminatE yp and who were of full age and legal capacity . (but if: under " Y guardianship or conservatorship, then by the guardiar' or . conservator., or if deceased by Executor or Administrator) , shall make such .account, in the absence of fraud or manifest t error, binding and conclusive upon all persons then having or who may thereafter have any interest, vested or contingent, in the income or principal of the trust estate. T:tie failure RICHARD.I_• CURLEY ATTOR' AT LAW of such persons to object to any account by a writ:.ng' mailed NEY72 FINE STREET : HYANNIS.MA 02601 to the Trustee within sixty (60) days of the receipt. of CS08)h)5-0346 -6- a copy of the account shall be deemed to be an assent by such person. ARTICLE XII In the event of the death or incapacity of the Trustee named hereunder, the Successor Trustee shall be my son, H:)WARD A. THOMAS. The Successor Trustee agrees to serve with no compensation unless it is agreed to by all the beneficiar:'_es. ARTICLE XIII This Trust shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts and its validity and administration shall be governed by said laws except with respect to such assets as are required by law to be governed by the laws of some other jurisdiction. • IN WITNESS WHEREOF, the said MARY E. THOMAS, as Donor and Trustee, has set her hand and seal to this instrument on this 17 day of 1994 . Donor/TFrustee The Commonwealth of Massachusetts N� Barnstable, ss . � 17 ► 1994 Then personally appeared the above-named MARY E. THOMAS and acknowledged the foregoing instrument to be her free act and deed, before me - Notary Public iARDL_CURLEY My Commission Expires TORNEY AT LA1M - 2 PINE STREET %NNIS.MA 026C t ,08)77S-0346 -/ MARY E. TH^MAS TRUST SCHEDULE A TRUST PROPERTY y.• Fitq is":�•� - ?HARD L-CURL EY ITORNEY AT LAW 72 PINE STREET 'ANNIS,MA 02601 - :S08)775-0348 Town of Barnstabll Family Apartment Affidavit I, n oc iq" A. T bay-6 5 being on oath, depose and state as follows: 1. I reside at o?y$ P/Ng' ST. 1 CtW7W 2V14-6fir /rj/�, that I have .owned since , and which is my domicile and principal residence. The property is . shown on Barnstable Assessors Map and Parcel Number 2 2ff/Ya 2. On , 19_,the Zoning .Board of Appeals, in Appeal No. granted to me a Special Permit to .develop and maintain a Family -Apartment in accordance with Section 3-1.1(3) (D) of the Zoning ordinance and in agreement with. condition of that Special Permit at the premises above. 3 The following members of my family will be the sole occupant(s) .of the Family Apartment unit Nama: nI A(Z( •r .`T µCAIAS Relationship to owner: IM o 146(. .. Name: , Relationship to owner: I understand that the Family Apartment: * shall only be occupied by members of my family who are persons related to me by blood or by marriage, * shall be the primary year-round residence for the identified family members, * shall not be sublet or subleased to any other person(s) , and * shall, at all times, be in compliance with all conditions of the special Permit issued by the Zoning Board of Appeals, including plans and commitment made in the application and approved by the Board. This affidavit shall be filed annually with the. Building Inspectors office and if the unit shall be vacated by the above identified family members, I shall within 30 days notify the Building Inspectors office of that and shall immediately. proceed with the removal of the family apartment unit. In the event of the sale or transfer of ownership of the above property, I shall notify the building Inspectors office and shall surrender the Special Permit for this Family Apartment. Sworn to under the pains and penalties of perjury this day of N `7, 19stY signature: (Please Print) Name: Du7A1 Q • _1 '1001AS Phone: Mailing Address: /,, P/ruE- -57- 1 *&)IL1/5 M,4. 6 0/ MARY A. THOMAS TRUST , Or 4.. SCHEDULE B ?` F DISTRIBUTION i 1. Any real estate, together with the buildings thereon and contents therein, are to be distributed to HOWARD A. THOMAS ; and in the event he shall have predeceased th : .Donor, said property shall be divided equally between the Donor' s then living children or the survivors . 2. All other assets of the Trust shall be divid-ad equally between the then living children of the Donor or the survivors. P a 1 RICHARD L.CURLEY ATTORNEY AT LAW - 72 PINE STREET HYANNIS,MA 02601 fS0�.77.8�O$46 - 91a I, MARY E. THOMAS, TRUSTEE Of the MARY E. THOMAS TRUST, under Declaration of Trust, dated March , 1994, recorded with the Barnstable County Registry of Deeds in Book 9106, Page 179, for the full consideration of hereby grant. unto HOWARD A. THOMAS & NANCY J. THOMAS, husbanp and wife, as tenants• by the entirety, . both of 128 Pine Street, Barnstable ( 'Hyannis.}, - Barnstable County, Massachusetts 02632 with quitclaim CIIbettants, the land with the buildings thereon, situated in Barnstable, in the N easterly part of the Village of Centerville, Barnstable County, Massachusetts, situated on the North side of the State Road leading No to Hyannis, bounded and described as follows: Beginning at the southwest corner of the premises at'a stake in the North side of the.. said State Road at land of H. Nelson Perry; thence North 90 6' 20" East 125 feet by land of H.Nelson Perry to a r' stake for a corner; thence South 790 50' 40" East 116.8 feet by land of said H.Nelson Perry to.. a stake for a corner; W thence South 9' 37' 20" West 125 feet by land of one Flinkman to a U stake for a corner and the north side of the said State Road; +� thence North 790 49'40" West 116.58 by said State Road to the first mentioned bound and point of beginning. Said parcel containing an �4 area of 14,500 square feet more or less. v Reserving unto Mary E. Thomas a life estate-in said property. a a 0 For title, reference is made to deed recorded with Barnstable County Registry of Deeds in Book 581, Page 5:73,_ and see also deed_. recorded with said Deeds in Book 9106, Page 088. W 04 .... a itgg my hand and seal this /3 day of July A.D. 19 94 Mary E. Thomas,Trustee !(Iommonfura tl! of�Ittssttcltuzetts. Barnstable, ss. July i3, 19 94 Then personally appeared the above named MARY E. THOMAS, Trustee and acknowledged the foregoing instrument to be h,pr free act and deed, before me. �� &; Qez� RitaM.Lattimer 4WAieaet-d Foaeo. Notary Public. My commission expires March 8, 1996 I i $ - 65AG .SIAC 5 _ . • o •59 AC W 0 70. At- lQtS Itfa sel . 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B FI c�.CA4W GWstf F rzw t O o NEW',CRWV' DmLA N I I W. r - - I' I ; t 77 r I I LII I L I I DEpRmH1 ��_ IHARD ux>:o I. 1 CiRTH90:0 I Filt r I r i, 411... • I u1i7h OrT/eN•: _ i I`:�Nfyaavrsa CbVaINO/IVG�k o�S �.1D Imme+ CXIS)/W II G I T�I ow!� (itM IL � CFb1411 Stfl WfitCS .�.. trot icy pN>�3� APr gpDi7aw SFtawD :Ftocw BffL� AODnIaN. j . G�ps� �soRoa� �ORoor'� s° CLOW AIA . o. I i - I-1 I _ I I : I I ' t 1 a I I LITE j _.. Tin] I .: l T 1 I i r I I I I I jal -42 I ; ._.,.r. .... 1 . Town of Barnstable Planning Department Special Permit - Family Apartment Staff Report - Appeal No. 1994-65 Date: July 11, 1994, To: Zoning Boar ppeals From: Robert P. Schernig, Director Art Traczyk, Principal Planner Dave Palmer, Assistant Planner Application Summary Appeal No. 1994-65 Applicant: Howard A. and Nancy J. Thomas Address: 128 Pine Street, Hyannis, MA 02601 Status: Applicant is beneficiary re Trust Agreement of Mary E. Thomas Trust. Property Owner: Mary E. Thomas (owned 53 years) Property location: 248 Pine street, Centerville, MA 02632 Assessor Map/Parcel: 228-040; 0.33 Acres Zoning: RD-1 - Residence D-1 District Zoning overlay Dist. : AP - Aquifer Protection District Applicants Request: Special Permit - section 3-1.1 (3 D) Family Apartment. Activity Request: The applicant is proposing to use part of an existing home plus an addition for a family apartment for his mother. Procedural Provisions: Section 5-3.3 special Permit Provisions. Filed: June 7, 1994; Sched. at 7/20/94 ZBA Mtg. Procedural Notes: The first published notice and the notices mailed to the abutters for this appeal had an incorrect street address. (Patriot July 07, 1994) . The error was corrected in second notice published July 14, 1994. The correct common address is 248 Pine Street Centerville, MA. The Assessor's Map & Parcel Number and the list of abutters is correct and proper. The Board may wish to poll the abutters and applicants to determine if the notice would constitute a procedural defect. Staff apologizes for any inconvenience this may cause. Background: The locus is on Pine Street one lot east of Horatio Lane in Centerville. According to the assessor's field card the parcel contains 0.33 acres and has a 2,400 sq. ft., one and 3/4 story dwelling with 5 bedrooms and two baths built in 1920. Staff Report - Appeal No. 1994-65 Special Permit - Family Apartment: Thomas The proposed one bedroom family apartment is to be located on the first floor within a proposed addition of 17 ft. by 22 ft. The addition is to be to the rear of the dwelling and is to contain a new bedroom, bath, and laundry room. The kitchen and living room is to be created by remodeling within the existing first floor of the structure. A Sketch Plan labeled 111st Floor with Addition - new structure 17 by 22" showing the area of the addition and the proposed family apartment is submitted with the application. Department Comments: 1., The presented addition and remodeling plan add a new kitchen and a laundry but do not increase the bedroom count which remains at 5 bedrooms. The bathroom count is increased by one to a total of three. 2. The applicant should be prepared to address before the Board, each of the requirements for a family apartment as itemized ,a through q'I of Section 3-1.1 (3) (D) Conditional Use Family Apartments of the Zoning ordinance. The applicant should also be informed that to maintain the Family Apartment a yearly affidavit must be submitted to the Building Commissioner. Suggested Conditions: If the Board should find to grant this request for a Special Permit - family apartment, it may wish to consider the following conditions: 1. The Family Apartment shall be developed as proposed on the sketch plan submitted to the Board with the application. 2. The family apartment is limited to 620 sq. ft. gross area. 3. The applicant shall comply with all Heath Department regulations and all Building Codes as applicable. 4. The present level of development shall be considered full buildout during the term of this special Permit. copies: Applicant Owner Building Commissioner Board of Health Zoning Board of Appeals Files 00 07 62o� 2 PyoFtNe roy� Town of Barnstable Permit# �0 � O Ezpir m n asue date e E, . RMIT Regulatory Services Fee 9 MASS' Thomas F.Geiler,Director MA'i 007 Building Division TOWN OF BARN°STABLE Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862403$ Fax: 508-790-6230 EXPRESS PERAM APPLICATION - RESIDENTIAL ONLY t< Not Valid without Red X-Press Imprint J Map/parcel Number Property Address i1 t 77 Residential Value of Work Owner's Name&Address c )�1 Number Contractor's Name `�// L ,/�S/����in O �--. Telephone Home Improvement Contractor License#(if applicable) �5�,r/ z Construction Supervisor's License#(if applicable) ❑Workman's Compensation1murance Check one: ❑ I am a sole proprietor ❑ I.am the Homeowner I have Worker's Compensation Insurance Insurance Company Name LL)r l r' Workman's Comp.Policy Permit Request(check box) e-roof(strippingold shingles) All construction debris will be taken to L.� x ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows. U-Value. (maximum.44) [] Other(specify) *Where required; Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. Signature ' Q:Forms:expmtrg Revised121901 i Board of Build,,u HO b RcfiUtTtror ME IMROV � EN 7 Cf PVT ; r Registration, ►.... ,eense �registratio ' 5592 _ v fo�4 tr cz n v31�d.for mdividu�,nse o1 t " EXp!ration i , ; piration d #i t 71� _W200b ` a +iidm ate. Irfounii return to., Y 7Ype F r vP As g Regulations and St;tndards �} r at C rQot+or ;ion I'lace`Rm 130.1 CONSTRUCT1O�� ` +DCNgE CQ<jNC 1,, rty `t xtb + a�02108 .. . 51 RIVEf2 IWA DARY �, 1GN a�°F� rro Town of Barnstable Regulatory Services t$ MASS. � Thomas F.Geiler,Director 9 i639 `��` prEarh Building Division Tom Ferry, Building Commissioner 200 Main.Street, Hyannis,MA 02601 Office: 508-862-463 8 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section,If Using A Builder [,vA(4t'1 A . ��N'17� S ,as Owner of the subject property hereby-authorize M l C f f/4EZ- !,F)+t,Y to act on my behalf, m all matters relative to work authorized bythis building permit application for(address of job) 12-1 *AX-,X4 s, 1#, o Zvi R 1t YAI Signature of Owner / at Print Name IDEC-04-2007 10:04 PAUL PETERS INS. FAL 5085409641 P.0021 ACORD. -CERTIFICATE OF INSURANCE - DATE(MM%DDIiYY) 10-03-07 PRODUCtR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PAUL PETERS AGENCY INC HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR, 6 FALMOUNTI-I HEIGHTS ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ PO BOX 669 COMPANIES AFFORDING COVERAGE FALMOUTI-I,MA 02541 COMPANY 25TSR A 'rAAVELERS DTRF.CT ASSIGNMENT INSURED COMPANY B M L CONSTRUCTION COMPANY INC COMPANY 651 RIVER ROAD C MARSTONS MILLS,MA 42648 COMPANY D COVERAGES YHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANOINO ANY REQUIREMENT,TERM OR CONDITION Of ANY CONTRACTOR OTHER DOCUMENT WITH RMPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE APPORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MM\DDLYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE 5 COMMERCIAL GENERAL PRODUCTS-COMP/OP A00. $ CLAIMS MADE OCCUR_ PERSONAL BB ADV.INJURY S OWNER'S U CONTRACTOR'S PROT., EACH OCCURRENCE $ FIRE DAMAGE(Any one firo) $ MED.EXPENSE(Anyone person) $ AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY(Par Pelson) $ SCHEDULE AUTOS RODILY INJURY(PcrAeeident) S HIRED AUTOS PROPERTY DAMAGE x NON-OWNED AUTOS GARAGE LIABILITY ANYAUTOS AUTO ONLY-EAACCI DENT S OTHER THAN AUTO ONLY; EACH ACCIDENT S AGREGATE $ EXCESS LIABILITY UMBRELLA FORM EACH OCCURRENCE S OTHER THAN UMBRELLA FORM AGGREGATE S WORKER'S'COMPENSATION AND A EMPOLYER'SLIABILITY UB-9S&Y7587-07 03-19-07 03-19-08 STATUTORY LIMITS X THE PROPRIETOR/ EACH ACCIDENT 5 100,000 PARTNERSAXECUTIVE X INCL DISEASE-POUCYLIMIT 5 500.000 OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEC 5 100,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIRESTRICTIONSISPGCIAL ITEMS THIS REPLACES ANY PRIOR CERT UTCATF T>%b TO THE CERnmCATE SOTDTR AFbhCTING WORKERS COMP COVSRAGE. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES UE CANCELLED BEFORE THE EXPIRATION DATE TOWN OF BARNSTABLE,BUILDING INSPECTOR THEREOF,THE ISSUING COMPANY WILLENDEAVORTO MAIL 10 DAYS WRITTEN NOTICETO THE i , CERTIFICATE HOL DER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE ' 367 MAIN ST, - ., NO OBLIGATION OR LLAOILITY OF ANY KIND UPON THE COMPANY,IT$AGENT.OR REPRESENTATIVES. 14YANNIS,MA 02601 AUTHORIZED REPRESENTATIVE - Charles J Clark ACORD 25.5(U3) DEC-04-2007 10:05 PAUL PETERS INS. FAL 5085409641 P.003 AC08D CERTIFICATE OF LIABILITY INSURANCE C3R cas DATE(MM/DONY" MLCONSI 10 02 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 1�- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Paul Peters Agency, Inc. HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P 0 Box '669 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Falmouth MA 02541-0669 Phone: 508-548-2500 INSURERS AFFORDING COVERAGE NAIC# Ir15URED' INSURERA: _Harleysville Worcester ins. Co INSURER B. — M L Construction CO; Inc .Michael Leary INSURER IN IN - — 651 River Road INSURER D: Marstons Mills MA 02648 INSURER E: COVERAGES . THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THF,POLICY PERIOD INDICA7ED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM04T WITH RESPCCTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITION'OF SUCH POLICIES.AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' - EPOLIG YIP 1RATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDOfYY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMFRCIAI,GENERAL LIABILITY MPA6J7043 03/14/07 03/14/08 _ffAI9rACFI'D RENTED'"'"-' PRFMISFS(Es occurence) s300,000 CLAIMS MAOF OCCUR MED EXP(Any one person) $S,0 0 0 PERSONAL BADVINJURY $1,000 000 GENERALACCREGATF. $2 000 000 CEN•L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/00 ACC $2,000,000 POLICY IFCT 7 LOC - - AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ee accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Por accident) $ PROPERTY DAMAGE $ (Per=ddent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S _ _ RANY AUTO EA ACC $ _ OTHER THAN —_- AVI0 ONLY: ACC $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE2 $ RETENTION S g WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY - •••OTH ANY PROPRIETOR(PARTNCR/EXCCUTIVC - - E.L.EACH ACCIDENT $ OFFICEWMEMBER EXCLUDED? t.L.DISEASE-EA EMPLOYEE $ Pvdd&acribeunder •.-•-.•.. -• .. ..-- IAL PROVISIONS blow L.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Carpentry - (Workers Compensation Certificate will follow from the company under separate cover in accordance with the provisions of the Mass Workers Compensation Assigned Risk, Pool) CERTIFICATE HOLDER CANCELLATION O1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Town Of Barnstable NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Building Inspector IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 367. Main Street Hyannis MA 02601 REPRESENTATIVES. AUTHORIZED REPRESENTATI Joanne M. Jonas ACORD 25(2001108) m AC CORPORATION lose TOTAL P.003 a 4 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION .. T Map � � Parcel Z 5 Permit# -4 8 3 q9 Health Division Date Iss d 0 Conservation Division ® L or oye Fee Tax Collector Treasurer �Z Planning Dept. i Date Definitive Plan Approved by Planning Board 3 Historic-OKH Preservation/Hyannis Project Street Address 91 ►w F Village A yy lul 5 , m A . Owner ilnt.,*rw A . I N► New S Address ai S Ql N-C- s1.. cork r ruI C�, M14, Telephone `?e)y-67 52 Permit Request 9M6L CT(041 ?,G� IT FCYL. C)UT ?yl LOl`yG-- Don ao(ow OE*1Z.15 `10 C3P, D1S 905a9 6* i &0RK1€ C&Qr1 U.. Square feet: 1st floor: existing proposed 2nd floor:existing proposed Total new Estimated Project Cost Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure 1/5' y0-S Historic House: ❑Yes Of4o On Old King's Highway: ❑Yes ❑No Basement Type: ❑Full C(Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) 14 Basement Unfinished Area(sq.ft) w/IN Number of Baths: Full: existing /9 new Half:existing new F Number of Bedrooms: existing Nf 19 new Total Room Count(not including baths): existing new First Floor Room Count ,Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other dV Central Air: ❑Yes Cflo Fireplaces: Existing New Existing wood/coal stove: ❑Yes CH'No `Detached garage:❑existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# Current Use Proposed Use {jt c91420 PB_VILDER INFORMATION Name 5 i CZ y I Telephone Number W Address License# to (iU 1� bY� Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO ©� SIGNATURE DATE FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. } ZZ ADDRESS ., M VILLAGE OWNER' DATE OF INSPECTION: ' FOUNDATION FRAME INSULATION < - FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL :r= GAS: ROUGH FINAL A BUILDING FINAL B • t DATE CLOSED OUT - ASSOCIATION PLAN NO. - - �_-=_ • —j- Department of Industrial Accidents -_ = OIIIce ollovestlgalloos 600 Washington Street Boston,Mass. 02111 Workers' Compensation Insurance Affidavit r� name IUDt���ld IQ `1 I u)1 S location- I Z 8 P/1 ST. city A phone# �70'd 7V b ❑ I am a homeowner pefforming all work myself~ ❑ I am a sole rietor and have no one worldn m any capicitV .coat an :::.:::::::::::.:::.:.......................... . :"::N;::;_:;:Si':::i:_::i:;:iii�:•.':::ii::?::;:irr;::::::;:::;:r:;::::::;::<::S:j:;:::j<:;::::i:;:�:<;:%:::�;:i::>:r::::::::::::;:i::r::�:-y;:::iS:::S:::::?:i:;'•::;5:�':`:.':^:'::::y:::::::::i:'.':::::?�:: ......... ::::.::. .......................................................................................................... :...:.........:::.. ......................<.......... :..............................-.............:.:....:.....................t.....:..:.:......:::.... knn insarance-co: ::<;:;;::.::.....:;>r::;::<.;::::.::.:;.:;":::::.::.:::..:::.;;::.:..:.:,.. ...: • I am a sole proprietor,general contractor hom ave eowner ' cle one)and h hired the contractors listed below who have the following w.od=' ><>> COMM " "flaw > r a addre ss .......... cihr r .....:::::................... .................... .. ........ . .::..::::..:::::::::...:............... ............... address:.. .:: on ::.:.......................................................................... ::::....::.......:.....:::...............................:.............. :......................... .. :?<::r::;::�::ir:�:::::�::i::::::i:: ::;':::%::::::���::::i5�-::::: :r:�::�:i:::::�;%: ::i::i•:'.<::�:;:r:�':::�:%%::`-:::::�":2 S`:;::::::%;:�::::::i:::�::':.:::::`:':':: :'.':::i:::�: �:�'::i�:`:::ii�:�::3':::�:�r::y:%:'::::: .................... Failure to secure coverage as required under Section 25A of MQ.152 can lead to the imposWon of ertminal penalties of a Ate up to 51,500.00 and/or one years'imprlsomnmt as well as civil penalties in the form of a STOP WORK ORDER and a Ate of$100.00 a day against me. I understand that a copy of thb statement may be forwarded to the Once of Investigations of the DIA for coverage vedAeation I do hereby certi die per* P PaJ y diet the infonnadon provided above is trw and eorrad Signature V Print name 401u�tLlo NA"A s Phone# ofncid use only do not write in this area to be completed by city or town offidal city or town: perms Cense# ❑Building Department ❑Lkensing Board ❑checkif immedhda response is required Select en's Office ❑Health Department contact person: phone#; ❑other_ liav4ed 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 contract of hire, express or implied, oral or written. i4 t `, An employer is defined as an individual,partnership, association, corporation,or other legal entity, or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer, or the receiver or trustee of as 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 renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,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 maybe submitted to the Department of Industrial Accidents for confirmatiam of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be retained to the city or town that the application for the permit or license is being requested,not the Deparaneat of Industrial Accidents. Should you have any,.questions regarding the"law"or if you are required to obtain a wodcers' compensation policy,please call the Department afthe 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 comber which will be used as a reference number. The affidavits may be retmiR to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would hike to thank you in advance for you cooperation and should you have any questions. please do not hesi=to give us a call. a The Department's address,telephone and fax member: The Commonwealth Of Massachusetts Department of Industrial Accidents Office of Invesdgatlons 600 Washington street Boston,Ma. 02111 fax#: (617) 727-7749 phone#: (617) 7274900 eat. 406, 409 or 375 f V August 16,2000 Town of Barnstable Building Department Hyannis,Ma. 02601 To Whom It May Concern I am applying for a demolition permit to tear down a building on my property at 128 Pine Street,Hyannis. The building was originally used as an upholstery shop by the previous owner and then as a storage shed by myself. Over the years the building has deteriorated considerably and at this point would be very expensive to repair so I have decided to remove it to improve the property. I was told by the building department that I would need to have the Colonial Gas,ComElectric and Barnstable Water Department sign off on the presence of their particular utility. Colonial Gas has sent me a letter stating that there is no underground gas on the property. (enclosed) ComElectric said that they have no record of electrical being installed by them and that any service to the building would have been secondary and privately installed. Therefor they could not verify the existence of a service to the shop. When I purchased the property there was an electrical service to the building. It was disconnected. After I purchased the property we had the service in the house upgraded to a 100 amp service and the conduit from the house to the shop was removed from the house. Barnstable Water Company responded to the inquiry in a similar fashion stating that they did install water on the property but not to the shop and that they could not verify if it had ever been done from their records. Water was never installed in the shop. Since I could not get a response from either ComElectric or Barnstable Water Company,I am submitting this letter as verification that those utilities are not connected in the building I wish to tear down. Sincerely Y Howard A.Thomas 248 Pine Street Centerville,Ma.02632 Property Location: 128 Pine St.,Hyannis,Ma. 4 AUG-16-2000 WED 08:05 AM COLONIAL GAS FAX NO. 508 760 7611 P. 02 Bostuog8s 201 Rivermaor Strcr:t >A est Robuiv,Massachusetts 02132 P Tel;617-723-5512 Essexg8s Mammon Eastern Enterprises August 16, 2000 Mr. Howard Thomas FAX; 428-0701 re; 128 Pine Street Hyannis, MA 02601 To Whom It May Concern, This letter is to confirm that there are no underground natural gas facilities to the above referenced property. This was confirmed by our representative on August 14, 2000. I can be reached directly at 508-760-7503 should there be any further questions. Sincerely, , Sally Si Distribution Department The Town of Barnstable ' tHE T Department of Health Safety and Environmental Services Building Division BMWSTnar.E, ' 367 Main Street,Hyannis MA 02601 MAss. 9 1639. �ArEG Mph p , Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner HOMEOWNER LICENSE EXEMPTION Please Print DATE: 7 7-6 ®O JOB LOCATION: 4� P' number n (� street '7 village "HOMEOWNER": 4 L�-n I'r S —�Q/ y`a/1�7� name Q home phone# work phone# CURRENT MAILING ADDRESS: m 4. city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one of two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner shall submit to the Building Official on a form acceptable to the Building Official;tfiat he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said proc d es and re ireme ts. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. Q:FORMS:EXEMPTN Barnstable Assessing Search Results Page 1 of 2 F - • w 1 r M M1S b Home:Departments:Assessors Division:Property Assessment Search Results New Search �� New Interactive Maps» Owner: 10 Assessed Values: THOMAS,HOWARD A& NANCY J TRS HOWARD&NANCY THOMA TRUST 128 PINE STREET 010 Appraised Value 2010 Assessed Value Past Comparisons Map/Parcel/Parcel Extension juildingal $108,000 $108,000 Year Total Assessed Value 248 /025/ ures: $0 $0 2009-$277,800 Outbuildings: $0 $0 2008-$293,600 Mailing Address Land Value: $74,200 $74,200 2007-$293,100 THOMAS,HOWARD A& 2006-$294,100 NANCY J TRS o� HOWARD&NANCY THOMAS 2010 Totals $182,200 $182,200 �— TRUST 248 PINE ST .r^ CENTERVILLE,MA.02632 2010 REAL ESTATE Tax Information: Tax Rates:(per$1,000 of valuation) Community Preservation Act Tax $42.47 Fire.District Rates Town Residenti "_',_�_� Barnstable FD-All Classes $2.43 $7.77 /� C.O.M.M.-All Classes $1.26 Town Commerco, Hyannis FD Tax(Residential) $331.60 Cotuit FD-All Classes $1.56 $6.87 r � Hyannis-Residential $1.82 ,�/J^ Town Tax(Residential) $1,415.69 Hyannis.-Commercial $2.88 � W Barnstable-All Classes $2.28 Community Preservation Act 3%of Town Tax Total: $1,789.76 t Construction Details Property Sketch Legend Building Property Sketch &ASBUILT Cards 'p�'` Building value $108,000 Interior Floors Carpet Style Cape Cod Interior Walls Drywall Model Residential Heat Fuel, Oil Grade Average Heat Type Hot Airre. " moo# Stories 1 Story F A AC Type None Exterior Walls Wood Shingle Bedrooms 2 Bedrooms t Roof Structure i Gable/Hip Bathrooms 1 Full+1H Roof Cover Asph/F GIs/Cmp living area 1217 °• * '` � Replacement Cost $131706 Year Built 1955 Depreciation 18 Total Rooms 5 Rooms [ ;S14V 61 ,,4t13v; Land s,,,=.•, CODE 1010 http://www.town.bamstable.ma.us/assessing/2010/displayparcell0map.asp?mappar=248025 5/19/2010 . Assessor's map and lot number .... �`"' 'K �'Q�` ' ofTNero Sewage Permit number ............... .....'.....................................11-I' 5 7 Z 99HHSTADLE, i House number ..................................1�''. ....:�........................... °oo M63q 00� �Fo MPS a� TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ...r!`...1 f Gar ......... -_9� TYPE OF CONSTRUCTION ............/�: / :.�. , `Z9, Y�f........:............................................................... NI.. ..........f... . .......... TO THE INSPECTOR OF BUILDINGS: The undersigned he'eby applies—fora permit according to he following information: Location .... �.. ........ .�.: i{J�. 1. �Ia e. ............................................ f .. V . �:.. ..... ....�....� .. ... V ... ...i.�.".�1 v ..V. ..i; 4. Jn J Proposed Use ._. i?g /, t r.'.[.°. ... 1Gf/� . .........t.............................•........../.................................... y........... Zoning District ................ / .... ..................................Fire District .......... am................:. Name of Owner ..rf !! .. 1 c 4� ! ,..Address/"��.�iJ .•'1�(.....r..r�n;�c7�? f:�......�. ..... Name of Builder ........./�� iJ!! --.P........................................Address ............ . ! ?`Q......f"........................................... Name of Architect `'1..' .. rr/ �(� U'�-1[�_ //h , .. ........................Address .............:��... ......................................................... Number of Rooms Foundation ................................................................. Exterior � ........Roofing ............... f G' ................................... Floors' Interior tf /ice vd' ,...... !..... Heating ........(.................� ...............................................Plumbing ;t°.............�............... ,. Fireplace ........ .............................................................Approximate. Cost ... `� i�. :c. ! !��.................(.,:............. Definitive Plan Approved by Planning Board _ ----------19 __/___. Area .`.:.... ..... ... Diagram of Lot and Building with Dimensions Fee ';Z--55.................................. SUBJECT TO APPROVAL OF BOARD OF HEALTH 12v� OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. 6z j C Ay Name ...... ... Construction Supervisor's License ....... .. ........ , � 8anside 8uilding Qo. A= � / ' ~ No .....262Q2.. / ' for _..ona'otorY___.. � � single f=ilY � ----'---' Location oe ---�—..��...�..�..��....-------... port ----^'^--^--'- ---^^—^---' (ii� � 8�i ��^� Owner —'—^'--'----^--~^~---^~`--' ' Type of Construction ............frame.............................. � ----'--~`~'^---'—'—^^^^^^--^----- 2I Plot ............................ Lot ................................ � March 23 84 � Permit Granted —.------------lQ Dote of Inspection ....................................lg Do*a Completed --.----------.l9 � - . � ' � � � / / ' � � � � � � - . .