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LAW OFFICES OF rOGj/NOF v �021
PAUL R. TARDIF, ESQ., P.C. NS
q9
- 490 MAIN STREET TABLE
YARMOUTH PORT,MA 02675
(508)362-7799 (508)362-7199 fax
Pau!R Tardif,Esq. Stacey A. Cur1y,Esq.
ptardifQa tardiflaw.com www.tardiflaw.com scurla@t-ardiflaw.com
REFER TO FILE NO,
October 20, 2021
Brian Florence
Building Commissioner
Town of Barnstable
200 Main Street
Hyannis MA 02601
Re: 14 Beale Way, Barnstable, MA
Assessor Map 279, Parcel 14
Current Owner: Maureen E. Leveroni I
Dear Mr. Florence:
As you may remember, this office represents Maureen Leveroni, the owner of the
property at 14 Beale Way, Barnstable, Massachusetts. (the "Property"). Mrs. Leveroni's title is
derived from a deed recorded in the Barnstable County Registry of Deeds in Book 10936, Page
21 recorded on September 5, 1997. The deed describes the Property, with"Lot 2" describing the
subject property. The Property is located in the RF-2 Zoning District, and consists of 4,050
square feet, with frontage on Route 6A and on Beale Way. The property is improved with two
structures which have been in place since at least 1956. It is my client's intention to create a
single family dwelling on the Property consisting of both structures.
After reviewing the title history of the Property, and having reviewed the zoning
ordinances, it is my opinion that the Property is a buildable lot, which entitles my client to a {
building permit as a matter of right. I am writing to determine whether, based on the information
presented herein, you concur.
Zoning Ordinance §240-94 _
It is our position that the Property was originally a pre-existing nonconforming use. As
you know, §240-94 of the Ordinance states as follows:
' The Property was originally purchased by Peter J.Leveroni and Maureen E. Leveroni,husband and wife,as
tenants by the entirety. Peter J. Leveroni passed away on September 19,2012.
Page l of 2 Letter to Brian Florence
14 Beale Way, Barnstable, MA
PT.
TOWN
t 26 2021
§ 240-94 Nonconforming use. N OF BAR%TAB(,,
A preexisting nonconforming use shall be limited in the extent it may expand or
intensify. A preexisting nonconforming use may be changed to a principal
permitted use as of right. A preexisting nonconforming use may be changed to a
conditional use by special permit as provided for within the zoning district in
which it is located, or to another nonconforming use as provided for herein.
In addition, a single family residential dwelling is a principal permitted use as of right, in
accordance with §240-11, which states in pertinent part as follows:
§ 240-11 RB, RD-1 and RF-2 Residential Districts.
A. Principal permitted uses. The following uses are permitted in the RB, RD-1
and RF-2 Districts:
(1) Single-family residential dwelling (detached).
,a
In addition, and based on the plans presented to me, the Property is a preexisting, nonconforming
use with respect to setback requirements for the district. The proposed structure is shown to be
completely within the existing building footprint, and therefore, will not make it further
nonconforming.
Based on the historical use of the property, and the current Zoning Ordinance, it is my
position that Mrs. Leveroni may, after securing a building permit, create a single family
dwelling, detached from the principal structure, as a matter of right. I thank you for your time
and attention to this matter.
This opinion is being delivered to you solely in connection with the aforementioned building
permit application for Maureen Leveroni and may not be relied upon by any other party for any
i1o'thepurpose jt out my prior written consent.
Ve T h ��urs,
r
ul R. Ta if
Enc.
cc: Maureen Leveroni
Page 2 of 2 Letter to Brian Florence
14 Beale Way,Barnstable,MA
I
LAW OFFICES OF
PAUL R. TARDIF, ESQ., P.C.
490 MAIN STREET
YARMOUTI-I PORT,MA 02675
(508)362-7799 (508)362-7199 fax
Paul R- Tardif,Esq. Stacey A. Curley,Esq.
ptardif@tardiflaw.com www.tardiflaw.com scurlev@tardiflaw.com
REFER TO FILE NO.
June 28, 2019
Brian Florence <_
Building Commissioner
Town of Barnstable °
200 Main Street '#
Hyannis MA 02601 W
Re: 14 Beale Way, Barnstable, MA !R'
Assessor Map 279, Parcel 14 -77
Current Owner: Maureen E. Leveroni l �
`Dear Mr. Florence:
Please be advised that this office represents Maureen Leveroni, the owner of the property
at 2886 Main Street and 14 Beale Way, Barnstable, Massachusetts. (the "Property"). Mrs.
Leveroni's title is derived from a deed recorded in the Barnstable County Registry of Deeds in
Book 10936, Page 21 recorded on September 5, 1997 (copy attached). The deed separately
describes both parcels, with"Lot 1" describing the 2886 Main Street property, and "Lot 2"
describing the subject property. For purposes of this correspondence, Lot 1 will be referred to as
the "House Lot" and the subject property will be referred to as "Property", and collectively as the
"Premises". The Premises is located in the RF-2 Zoning District, and the Property consists of
4,050 square feet, with frontage on Route 6A and on Beale Way. The property is improved with
two structures which have been in place since at least 1956. It is my client's intention to create
a single family dwelling on the Property consisting of both structures, and to sell the House Lot,
which is separated from the Property by Beale Way.
After reviewing the title history of the Property, and having reviewed the zoning
ordinances, it is my opinion that the Property is a buildable lot, which entitles my client to a
building permit as a matter of right. I am writing to determine whether, based on the information
presented herein, you concur.
The Property was originally purchased by Peter J.Leveroni and Maureen E. Leveroni,husband and wife,as
tenants by the entirety. Peter J.Leveroni passed away on September 19,2012.
Page 1 of 3 Letter to Brian Florence
14 Beale Way, Barnstable, MA
Zoning Ordinance §240-94
It is our position that the Property was originally a pre-existing nonconforming use,
which was used in conjunction with the House Lot. As you know, §240-94 of the Ordinance
states as follows:
§ 240-94 Nonconforming use.
A preexisting nonconforming use shall be limited in the extent it may expand or
intensify. A preexisting nonconforming use may be changed to a principal
permitted use as of right. A preexisting nonconforming use may be changed to a
conditional use by special permit as provided for within the zoning district in
which it is located, or to another nonconforming use as provided for herein.
In addition, a single family residential dwelling is a principal permitted use as of right, in
accordance with §240-11, which states in pertinent part as follows:
§ 240-11RB, RD-1 and RF-2 Residential Districts.
A. Principal permitted uses. The following uses are permitted in the RB, RD-I
and RF-2 Districts:
(1) Single-family residential dwelling (detached).
By way of historical background for the Premises, I contacted Elizabeth Magruder and secured
from her a sworn affidavit regarding her recollection of the use of the Property when she was a
young girl. I have attached the original affidavit to this letter for your review. Without
repeating the contents of that document, the affidavit does establish that the Property was
accessory to the House Lot, that it was located across a way from the principal structure, and was
used by the Clarke family from the mid 1950's until they sold the property in November of 1972.
It is my client's belief that the property continued to be used in the same manner by the
subsequent 2 owners, until the conveyance to Mr. and Mrs. Leveroni.
Based on the historical use of the property, and the current Zoning Ordinance, it is my
position that Mrs. Leveroni may, after securing a building permit, create a single family
dwelling, detached from the principal structure, as a matter of right. I would appreciate a written
response, which will verify that the Property, located at 14 Beale Way, Barnstable, MA, may be
used as a single family dwelling. I thank you for your time and attention to this matter.
This opinion-is being delivered to you solely in connection with the aforementioned building
permit application for Maureen Leveroni and may not be relied upon by any other party for any
other purpose without my prior written consent.
Page 2 of 3 Letter to Brian Florence
14 Beale Way, Barnstable, MA
e T urs
ul R. Tardif
Enc.
cc: Maureen Levero '
Page 3 of 3 setter to Brian Florence
14 Beale Way, Barnstable, MA
l
AFFIDAVIT
The undersigned does hereby depose and state as follows:
1. My name is Elizabeth "Leezie" Magruder, I am 67 years of age, and I currently live at 241 Indian Trail,
Barnstable, Massachusetts.
2. In 1956,when I was approximately 5 years of age, my mother,Joan S.Clarke, purchased the property
at 2886 Main Street, Barnstable, located on the northerly side of Route 6A, and which abutted Beale
Way,which deed is recorded in the Barnstable County Registry of Deeds in Book 954, Page 436(The
Deed).
3.The deed to the Property also separately described the parcel at 14 Beale Way, which was located
across the private way(Beale Way) from our house, which was improved with a garage and another
structure which we called the "Buoy."
4.The Buoy had been moved to the property after serving as a demonstration building at Hinckley's
Home Center. The building was moved to the site and placed on cinder blocks next to the garage.
5. My father built a chimney and fireplace in the Buoy, but nobody ever lived there full time.
6.Our family used the Buoy to host club meetings in 1962. We also had a piano in that building,which
my father would load on his store truck to take down to the Barnstable Yacht Club at the end of Beale
Way.
7.We also stored items in the garage and the Buoy as part of our use of the main house.
Signed under the pains and penalties of perjury this��day of May, 2019.
Eliza bet Magruder
ND LA COURT
�.
954;
(SEAL)
204 2v T.�'otM� 19¢ Boeto�: In-the In Equity
TO . 7. CW SM!t Olk and Bad ll..
4 3 6. Comoamsa2thZ
and to all whom it may concern: Arlington ?1V* Coniks Savings Banks a duly
*xisti:if oorporstians :.n usual
place of businese IM Arlingtons .1 o thu,
County of Aiddle"a Bald said Cofs-mmealtho
claiming to be the holder of a mortgage Zwn of .^andw►ieh# '^ the 1;0 anty
covering real property in of Barnat.,ale atnc *aid
Combrteoalth, situate at the
interaeotion of Water .street.
(a County Wa7 and Stato high- `
a say (Routs 6A1,
in t
5
Q 1 oti ::`;.+<.. ten to tsr'lIn^tort Rive Cents Savings
.r.;;k, by 8nstavmant F3Frtod June 21, 1950, re-
given by corned suit: t1 0 Barrastab2e C=nty ot;,istry of
^_.es, 'Bo k 754, Page 505. and enteme d as c
Oooument #27361, noted on vsrtifieato or Title V �
a
#n630,
c--
ha afiled with said court a bill inequity for authority to foreclose said mortgage v t
in the manner following:by entry and possession and exercise of power of sale. a r
If you are entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940 as
amended and you object to such foreclosure. .''you or your attorng, rfl�ttld file a written appear-
day and answer in said court'at Boston on or before the
day of Oc robc3r 195.,&r you may be forever barred from claiming that such
foreclosure is-invalid under said act.
Witness, JOHN E. FENTON, Esquire,.Judge;of said Court this
tg*4nt-,--2*.rth :. day of Ali t_-1nt 195
5�OR _
• ..;?J::..a;:.,E� ..`., .�3}i.=�':..r`%�33t lift�ttt�T Reeader. ..
JBarnstable, ss., Received October 1, 1956, and is recorded. j.
/C
dA
We, Edith Mortimer Osborne, married woman, of North Stamford,
Fairfield County, Connecticut and Katherine Mortimer Phillips, widow,
of Barnstable Barnstable County,Massachusetts_,
i 1 TNVrr&$for consideration paid,grant to Joan S. Clarke
of said Barnstable
With quftrlatta raaruaats
[[[ thelandin said Barnstable located on Main Street shown as Lots 1 and 2 -
- ID—iptim and-".b--m if any] _
on a plan entitled "Plan of Land - Barnstable, Massachusetts as
surveyed for Joan S. Clarke - Scale one inch equals thirty feet -
4' September, 1956" by Whitney & Bassett, Architects and Engineers,
Hyannis, Massachusetts, which plan is to be recorded herewith,
bounded and described as follows:
Lot 1. SOUTHERLY: By said Main Street, one hundred twenty-one
(121j feet;
WESTERLY: By land of Frances Vandervoort Whitehead, one
hundred ninety-eight and eighty-nine hundredths
1196.89) feet;
�d
6'
NORTHERLY: By land of said Whitehead,.forty-six and sixteen
hundredths (b,6.161 feet; 954
EASTERLY: In four lines by the private way as shown on said
plan two hundred twenty-five and ninety-five
hundredths (225.95) feet. 4 3 7
Lot 2. SOUTHERLY: By said Main Street, eight and ninety-nine
hundredths (8.99) feet;
WESTERLY: In three lines by said private way, two hundred
three and fifty-nine hundredths (203.59) feet;
NORTHERLY: By land of Katherine Mortimer Phillips, et al, : .
according to said plan, seventy-two and twenty-
one (72.21) feet;
EASTERLY: By land of Mary C. Hubbard, one hundred eighty-
thhree and seventy-nine hundredths (183.79) feet.
The said premises are conveyed subject to the rights of all
others who may be entitled, if any there be, to pass and repass over
and through the said•private way.
And we, the grantors, reserve to ourselves and, to our heirs
and assigns for the benefit of our remaining land shown on said plan
as "Katherine M. Phillips, at al" the right in common with others
entitled thereto to pass and repass for all usual purposes through
and over the said private way in its present location to said Main
Street and we do hereby release and relinquish all rights we may
have to relocate the said way.
Being part of the premises devised to us by our mother, Edith
Beale Mortimer•, late of said Barnstable (see Barnstable Probate Dock-
et No. 34368). For our said motherts title see Deeds recorded in
Barnstable Deeds Book 301, Page 393; Book 821, Page 232; Book 825,
Page 52 and Book 825, Page 53.
La
L.
C ..: M1WEALTH 9F M3£SACHU� P�
m D S
y KAY Zaracc
=
z
CC -
m 4.6 AW= -
-
I, James L Osborne husband ^`of said grantor,
Edith Mortimer Osborne /J
release to said grantee all rights of tenancy by the curt esy and.other interests,therein. D
lottolM nii, bands and seal s this '� day of Spit PmhPi+ 1956
U)a7rivt ae�a��
MIF (VMMV=eaII of ,
Barnstable ss September 19 1956
Then personally appeared the above named Katherine Mortimer Phillips
and acknowledged the foregoing instrument to be her free act and deed,before me
Notary Pub _ .
My _......
..__....
My Commission.Expires July 2,1959
SLATE OF CON�T=TOUT
954: 'September 1 6 1956
t Then personally appeared the above named;Edith Mortimer Osborne
43 0 and acknoW ed the foregoing instrlmlent.to:.be.her free act and deed
befor eY.
'
Notary VU.blie - J
My commission expires o.lct 19 S
State of Connecticut I, J. CAMPANA, Clerk of said County and of the Superior
COUNTY OF Adlf2Ffffi� Cow n and d County,the same a Court of Record,having by
law a seal hereby rtify County Clerk's Office. d
That.___
whose name is subscribed to the K Cate of proof,aelrnowledgement,or affidavit of the
annexed instrument,and thereon 'tten,was,at the time of talang s uch proof,aclmow-
ledgement or affidavit,a Notary ubliyG800201-WitMI.of
tlm.Raaew within and for said County,residing in said Cotwty,duly appointed,commis- _
sioned and sworn,and authorized by the laws of said State,to administer oaths,and take
the acknowledgments and proofs of deeds or conveyances for lands, tenements and
hereditaments,in said State,and other instruments to be recorded tj�erein,and ro certify
the same;that faith and credit are and ought to be given to hi official acts;and 1
further rtrtify t I have compared the signature to the ongtnal ceru sate with that de-
posited in to by such person and verily believe that the signature to the attached
certificate is his-genuine signature and said certificate is not uired to be under
seal,and the person signingg such certifipte is not required by law le in this office an
impression of his official seal.
In testimony whereof,1 have hereunto set my hand a d affised se o owt,at -
Bridgeport,in said County and State,on the_.._�._.._day o _............_._..._._.Y195fi
/l
- f\J !' �/2�i.. Clerk
Barnstable, ss., Received October 1, 1956, and is recorded.
_......................FOSTER REAL. STATE_AGENCY.....INC.�.................:.
............................................
a corporation duly established under the laws of....:.. Agg4C-qqetts........_............................................................
and having its usual place of business at Wyamala)..r......................_..Ilf]Gf 1na1 .........
Barnstable County, Massachusetts,forlconsideration paid,
............................................................................... .
grants to..............IRV1IV.Ci...S......VARI�r .._ar�d...
............ husband:an.d wife,....a.s
rr t . . t. . , both
tet�ant:s..... ,.......he....e.1...iretY..,............................................................. ................................................
...........................................................................................................................................................................................................a................
of-said...Bar.ns.table....(Hyannis).,...........................................................................:....with sliftrlaim tmunanta
a_..certain.,_shall....parce.l,..of.._land._.located...on the._.north side of Highland Ave ue
x=EjmvNbc next adjacent-to land of the 4?mantees and being s.h.o. l on a plan
entitlfyd, "Pin�..R dge..Df3velofinent.,;..Subdivision of.Land livannis...Barnstable
[Description end eneumLranees,if'dny l
Mass., As Surveyed for Florence G. Foster, August 1948", which said plan
is recorded with Barnstable County Deeds, bounded as follows:
On the South ".y. the northerly line of Highland Avenue
as relocated;
r,) Gn the ?lest by land now or formerly of E. C. Fratus,
dp�v about fifteen (15) feet;
On the North by land of the grantees; and
On the East by land now or formerly of Henry Kelly,
\9 about nine (9)feet.
i
Did 09--O!S-1997 C C11 = 1 1
I/We,Rosemary Dooley and Kenneth R.Dooley,of 2886 Main Street, Barnstable, Massachusetts 02630 in consideration
of Two Hundred Ninety-Seven Thousand and 00/100 Dollars($297,000.00 )Dollars grant to Peter J.Leveroni and Maureen
E.Leveroni, husband and wife as tenants by the entirety of 2886 Main Street, Barnstable, Massachusetts 02630 with
QUITCLAIM COVENANTS
The land in Barnstable located on Main Street shown as Lots 1 and 2 on a plan entitled "Plan of Land-Barnstable,
Massachusetts as surveyed for Joan S.Clarke--Scale V equals 30'--September 1956"by Whitney&Bassett, Architect and
Engineers, Hyannis, Massachusetts, which plan is recorded with Barnstable County Registry of Deeds in Plan Book 130,
Page 87 and is bounded and described as follows:
LOT 1:
SOUTHERLY: by said Main Street,One Hundred Twenty-One (121)feet;
WESTERLY: by land of Frances Vandervoort Whitehead, One Hundred Ninety-Eight and 89/100(198.89) feet;
NORTHERLY: by land of said Whitehead, Forty-Six and 161100(46.16) feet;
EASTERLY: --in four lines by the private way as shown on said plan,Two Hundred Twenty-Five and 95/100(223.95)
feet.
LOT 2:
d
SOUTHERLY: by said Main Street, Eight and 99/100(8,99) feet;
YWESTERLY: --In three lines by said private way,Two Hundred Three and 59/100(203.59) feet;
NORTHERLY: by land of Katherine Mortimer Phillips,et al,according to said plan,Seventy-Two and 21/100(72,21)feet;
EASTERLY: by land of Mary C,Hubbard, One Hundred Eighty-Three and 79/100(183.79)feet.
aye; •;
For title see deed recorded herewith.
7. Subject to the right of all who may be entited, if any there be,to pass and repass ovr and through the said private way
as set forth in Book 954 Page 437.
7. Subject to the right to pass and re-pass over a way known as Beale Way on Barnstable Assessor's Map No. 279 and
also shown as a private way on a plan title"Plan of Land,Barnstable, Massachusetts as surveyed for Joan S.Clarke-Scale
V-30' -September 1956"by Whitney &Bassett Architects and Engineers -Hyannis, MA which plan is recorded with
Barnstable County Registry of Deeds in Plan Book 130 Page 87,as set forth in Book 6757 Page 045.
8. Subject to a sewer betterment as set forth in Book 3261 Page 173.
" Being the some premises conveyed to Rosemary Dooley and Kenneth R.Dooley, Recorded with the Barnstable Registry
of Deeds
V ;
is
k.' Exec t a sealed instrument t ft tof
er, 1997.
P- 7
Rosemary Dooley Ke neth it. bol
ay
r'.
Co non Massachusetts, Barnstable, ss:
On this Fifth day of September, 1997 , before me personally appeared Rosemary
Dooley and Kenneth R. DooleX to me known to be the person(s) described in and who executed the
forgoing instrument, and acknowledged that e/the xe d the same as his/her/their free act and deed.
a'"' — � ............................................. .(Seal)
Lawrence J. Roe —Notary Public
My Commission Expires: July 17, 2003
' BARNSTABLE REGISTRY OF DEEDS
to CD
u p ma �H
¢ ac • m n
µ ;=a Dsso Deed ,+ .,� ,. tmber: 254055829
Town of Barnstable *Permit# 1965
Expires 6 monthsfrom issue date
Regulatory Services Fee
MASS' 2016 Richard V. Scali,Director
039.
uv�1V ur BARNSTABLE Building Division
Tom Perry,CBO,Building Commissioner
200 Main Street,Hyannis,MA 02601
www.town.bamstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY
Not Valid without Red X-Press Imprint
Map/parcel Number f p�
Property Address 1 17
P1 Residential Value of Work$ S";--C>o-"V Minimum fee of$35.00 for work under$6000.00
Owner's Name&Address ►7'1 A✓/i5-Eta/ ✓ f�-�nJ
Z0$6 /fit y��,� 31�
` �3c
Contractor's Name ILL 2. S7`�p 17-BVC ' �^'7� Telephone Number SUF 1' ��2
- f
Home Improvement Contractor License#(if applicable) -73 Email: p l A4 i ll ef-S r`yoG
Construction Supervisor's License#(if applicable)
O V 3 33 9
t
❑Workman's Compensation Insurance J bey l- y I Lf 56 U
Check one: �— l
❑ I am a sole proprietor o�',vA is f
❑ I am the Homeowner
❑ I have Worker's Compensation Insurance ;
Insurance Company Name 7"?q n`
Workman's Comp.Policy# joC a 2-:�—O 9'
Copy of Insurance Compliance Certificate must accompany each permit.
Permit Request(check box)
Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken too
❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof)
❑ Re-side
❑ Replacement Windows/doors/sliders.U-Value (maximum.32)#of windows
#of doors:
' ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required.
Separate Electrical&Fire Permits required.
*Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc.
***Note: Property Owner must sign Property Owner Letter of Permission.
A copy of the Home Improvement Contractors License&Construction Supervisors License is
required.
SIGNATURE: �0� "Jac,
QAWPFILES\FORMS\building permit forms\EXPRESS.doc
Revised 1N0215
• snxNsresi.�. •
MASS.1619. Town of Barnstable
Regulatory Services
Richard V.Scali,Director
Building Division
Thomas Perry,CBO
Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Property Owner Must
Complete and Sign This Section
If Using A Builder
I, MA 00,efV � ('�Nli , as Owner of the subject property
hereby authorize n/ 1iL 6 7- r -%0 69 a A) to act on my behalf,
in all matters relative to work authorized by this building permit application for:
(Address of Job)`
Signature of Owner Date
Print Name .
If Property Owner is applying for permit,please complete the Homeowners License Exemption Form on the
reverse side.
QAWPHLESTORMSIbuilding permit forms\EXPRESS.doc
Revised 040215
Town of Barnstable
Regulatory Services
oxrr� Richard V.Scali,Director
Building Division
Tom Perry,Building Commissioner
MAM
0,39. s � 200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-8624038 Fax: 508-790-6230
HOMEO R LICENSE EXEMPTION
Please Print
DATE:
JOB LOCATION: !
number street village
"HOMEOWNER":
name home phone# work phone#
CURRENT MAILING ADDRESS:
city/town state zip code
The current exemption for"homeowners"was extended to include own s-occu ed dwellin s of six units or less and to allow
homeowners to engage an individual for hire who does not possess a lice e, ovided that the owner acts as su ervisor.
DEFINITION OF
HO
Person(s)who owns a parcel of land on which he/she resides or intends to r ide,on which there is,or is intended to be,a one or two-
family dwelling,attached or detached structures accessory to such use and/, farm structures. A person who constructs more than one .
home in a two-year period shall not be considered a homeowner. Such"h m wner"shall submit to the Building Official on a form
acceptable to the Building Official,that he/she shall be responsible fora such ork verformed under the building permit. (Section
109.1.1)
The undersigned"homeowner"assumes responsibility for compliant with the Sta Building Code and other applicable codes,
bylaws,rules and regulations.
The undersigned"homeowner"certifies that he/she understands e Town of Barnstabl Building Department minimum inspection
procedures and requirements and that he/she will comply with id procedures and requirements.
Signature of Homeowner
e .
Approval of Building Official
Note: Three-family dwellings`containing 35, 0 cubic feet or larger will be required to comply with the State Building Code
Section 127.0 Construction Control.
OMEOWNER'S EXEMPTION
The Code states that: "Any homeowne performing work for which a building permit is required shall be exempt
from the provisions of this section(Section 109 .1-Licensing of construction Supervisors); provid 4 that if the homeowner
engages a person(s)for hire to do such work, at such Homeowner shall act as supervisor."
e
Many homeowners who use this a mption are unaware that they are assuming the responsibilities of a supervisor
(see Appendix Q,Rules&Regulations fo icensing Construction Supervisors,Section 2.15) This lack of awareness often
results in serious problems,particularly hen the homeowner hires unlicensed persons. In this case,our Board cannot
proceed against the unlicensed perso s-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. O� 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:\WPFILES\FORMS\building permit forms\EXPRESS.doc
Revised 040215
7006 0810 0000 3521 9356
Town of Barnstable
Regulatory Services
pQt Thomas F.Geiler,Director
Building Division
* snarrsTna[E Tom Perry,Building Commissioner
MAM
v . ��� 200 Main Street, Hyannis,MA 02601
�p�FD MA'S A
Office: 508-862-4038 Fax: 508-790-6230
Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and
Abate:
Peter J. Leverom
And all persons having notice of this order.. As owner/occupant of the premises/structure located at
14 Beale Way, Barnstable ;
Map 279 Parcel 014,you are hereby notified that you are in violation of the Town of Barnstable Zoning
Ordinances and are ORDERED this date,March 24, 2008 to:
1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above
mentioned premises.
SUMMARY OF VIOLATION:
Violation of Town of Barnstable Zoning Ordinances:
Chapter 240 Section 11 RB, RD-1 and RF-2 Residential Districts
240-11 A (1) Principal permitted uses: Single-family residential
2. COMMENCE immediately,action to abate this violation.
SUMMARY OF ACTION TO ABATE: All activities and signage associated
with commercial use (law office).
And, if aggrieved by this notice and order,to show cause as to why you should not:be required to do so,by
filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal(specifying the ground thereof)
within thirty(30)days of the.receipt of this order(in accordance with Chapter,40A Section 15 of the
Massachusetts General Laws).
If, at the expiration of the time allowed,action to abate this violation has not commenced,further action as
the law requires will be taken:
rder,
6
Robin C. Giangregorio
Zoning Enforcement Officer
THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
QUALITY ORIGINALS)
I M ^C&L
DATA
7006 081U uuuu dSc!L 7J.7e i
PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT
OF T14E RETURN ADDRESS,FO 0 AT DOTTED LINE
14-1:111.11-7111V2 rim
Town of Barnstable
Regulatory Services
pFt Thomas F.Geller,Director
Building Division
sasxsrABM Tom Perry,Building Commissioner
MAM
1639. ,0� 200 Main Street, Hyannis,MA 02601
ArEO MA'S A
Office: 508-862-4038 Fax: 508-790-6230
Notice of Zoning Ordinances Violations) and Order to Cease, Desist and
Abate:
Peter J. Leveroni
And all persons having notice of this order. As owner/occupant of the premises/structure located at
14 Beale Way, Barnstab
Map 279 Parcel 014,you are hereby noti
Ordinances and are ORDERED this date,M � �
1. CEASE AND DESIST IMMEDIATELYC6 yyrf. ,� i
mentioned premises. ` - -
SUMMARY OF VIOLATION:
Violation of Town of Barnstable Zoning Or r
Chapter 240 Section 11 RB >r 6
240-11 A (1) Principal permitt
2. COMMENCE immediately,action to abat
SUMMARY OF ACTION TO ABA
with commercial use (law office 1�
And,if aggrieved by this notice and order,to s
filing an appeal with the Town Clerk of Barns /A_
within thirty(30)days of the.receipt of this ord L
Massachusetts General Laws). v
If,at the expiration of the time allowed,action j� / l•
the law requires will be taken: luzw
rder, -
�_ l f , n
Robin C. Giangregorio ]
Zoning Enforcement Officer Yyt G k-
5
pil
o{Corriplete items 1,2,and 3.Also:complefe ent
item if'Restricted Delivery is desired. .Aabressee
Is Print your name and address on the reverse
so that we can,rettirn the card to you.
Wed
nted Name) C bate of Delivery
��ttach'.this card to the back of the mailpiece
or.on the front'rf space permits. D. Is defivery:address different from item 19 ❑Yes
1. Article Addressed to: It YES,enter delivery address below: No
rRWtTlCt8d
ail C3 Express'Mail
=Ratum Receipt for Merchandise
ail ❑C.O.D:
elivery?(Extra Fee) ❑Yes
2. Article Number..
1006 0.810 0000 3521 9356
(transfer from service Athev,
i to25s5 02 M t5ao
M Form 3811 `February 2 .. -
Domestic,eturn ,ecerpt
Ln _ -.s • - _ • •..
M o•
tr
ru
Ln
z v
trt postage
E3certified Fee Postmark
C3 Return Receipt Fee �p
(Endorsement RegOred) �2 Q 1>U�
0 -Restricted oelivery Fee
r9 Endorsement Required)
t3 Total Postage&Fees
C3 Sent
0 Sliest,Apc �') G/ �•_ ----
----------
City Stafee'Z%P
N0U-2"-2000 ?7 5 FPCIH -
11 CJK /'y. �VL' • 1111. •
• UNREGISTERED LAND
MI NNMM. 110100 DEED BOOK.: 10936 PAGE;21
ArmRM: P TER J. LE`'_EPON; NE098-12 pLAN BOOK:130 PACE:87 LOT(9)•IAQ
LMER._ NEW ENGtANp CAPITOL WQRTCAg PLAN NUY9ER: OF 1956
OWNML P�TER ' & MAURE£N LEV�ERONI RECISTERFSD LAND
APPLiCAW: SAME _ RECIMTION BOOK: PACE:
DATE: 10/16/98 3cAt15:. 1+=50'
CERrIF CAn OF TITLE: - _ ---
FLOOD HAZARD !N•FORMATION PLAN NUUMM
F=D WP CoMkUgn NO,: 25MI z0n: C ASSESSORS MAP
PANEL: 0003D DAM:_07/02/92 7;l, . BWCK: PARm--
MORTGAGE INSPECTION PLAN
2866 MAIN STREET, BARNSTABLE, MA �
616 N/F PHILLIPS
ED 72.21
'O� ® LOT 2
4,050 S.F. �
LOT 1
20,010 S.F.
N/F WHITEHEAD ° t �
N/F HUBBARD
�X16 • .oEGr - I '''i17e'�' ,tea �.�
CREEN
HOUSE � `�
a.9s
t
121.00' •.
' MORTGAGE LEND
CONCRETE MAD CONCRETE BOUND USE ONLY
MAIN STREET
THIS IS THE RESULT OF TAPE MEASUREMENT, NOT THE RESULT DESLAUMEOF AN INSTRUMENT SURVEY AND IS CERTIFIED TO THE TITLE• �
INSURANCE COMPANY AND AAOVE LISTED ATTORNEY AND LENDER. & l ES, I
IN WEST STREET, WALPOLE, MA 02
THERE ARE NO DEEDED EASEMENTS IN THE ABOVE REFERENCED TEL•:(8,2,0)287--8800 fAX.:(5N)668-4
DEED OR ENCROACHMENTS WITH RESPECT TO 9UILDINGS SITUATED
n
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map 2�•.! Parcel l Permit# iqw (�
Health Division Date Issued 1-0
' (�
Conservation Division f FeeoC`� - CIO
Tax Collector :Ii (0epz N
Treasurer ,
Planning Dept.
Date Definitive Plan Approved by Planning Board
Historic-OKH Preservation/Hyannis '
Project Street Address �� (L` 1z"14Y
Village
Owner 1.ey-e/'dAl Address cZ7 A-1 (J ' 7
Telephone
Permit Request n-2. ate` P'vt �� ` A-�1�
Square feet: 1st floor: existing I SD 0 proposed 2nd floor: existing S! DO proposed Total new
Valuation Zoning District Flood Plain Groundwater Overlay
Construction Type
Lot Size Grandfathered: Cl Yes ❑ No If yes, attach supporting documentation.
Dwelling Type: Single Family Y Two Family ❑ Multi-Family(#units) "
Age of Existing Structure 1 0� Historic House: [ 'Yes ❑ No On Old King's Highway: U'Yes ❑ No
Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other pQ" Fv// a,-_J
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 .-Sr
Heat Type and Fuel: ❑Gas Ga'Oil ❑ Electric ❑Other
Central Air: ❑Yes �❑ No Fireplaces: Existing _ New Existing wood/coal stove: ❑Yes ❑ No
Detached garage:®'existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size
Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other:
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
Commercial ❑Yes ❑No If yes, site plan review#
Current Use Proposed Use
BUILDER INFORMATION
Name Telephone Number
Address License#
Home Improvement Contractor#
Worker's Compensation#
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE DATE .a
FOR OFFICIAL USE ONLY -
PERMIT.NO.
DATE ISSUED t
MAP/PARCEL NO.
ADDRESS' VILLAGE `
OWNER ,
DATE OF INSPECTION:
FOUNDATION - J
FRAME ,
INSULATION
FIREPLACE
ELECTRICAL: ROUGH FINAL '
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL F t
FINAL BUILDING
DATE CLOSED BOUT `
ASSOCIATION PLAN NO.
P -
r
�FTHE Department of Health Safety and Environmental Services
Building Division_
BABxsTABt e, 367 Main Street,Hyannis MA 02601
MA-Sa
9 i639. 10�
�ArFD Mp'I A
Ralph Crossen.
Office: 508-862-4038 Building Commissioner
Fax: 508-790-6230
HOMEOWNER LICENSE EXEMPTION '
Please Print
DATE: �0 /�:
JOB LOCATION:
number street . village
"HOMEOWNER": �t✓ home phone# worTc phone#
name QQ
CURRENT MAILING ADDRESS: �J
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, rop
that the owner acts as supervisor. DEFINITION OF HOMEOWNER
Person(s)who owns a parcel of land on which he/she resides or-intends to reside,on which there is,or is
intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or
farm structures. A person who constructs more than one.home in a two-year period shall not be considered
a homeowner. Such'!homeowner"shall submit-to the Building-Official on a form acceptable to the
Building Official,that he/she shall be 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
Depa t minimum inspection procedures and requirements and that he/she will comply with said
pro d and regturemen .
ignature of H wrier
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 communities ultimately
require,telyresponsible.part of the permit
To ensure that the homeowner is fully aware of his/her responsibilities,many
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