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Town of Barnstable
`M T°�o Building Department Services
y rt Brian Florence, CBO BARNSTABLE
• BARNSTABLE, + enaxs„wc•wune�l.mm:r.ln
9 MASS. a,°' Building Commissioner
Q 1639-2014
6Ma.A A� 200 Main Street, Hyannis, MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
February 24, 2020
David and Janet Garabrant
304 Bone Hill Road
Cummaquid, MA 02637
Re: Massachusetts Audubon Long Pasture Sanctuary
Dear Mr. and Mrs. Garabrant,
Thank you for your email reminder and for your original written request for zoning enforcement
dated October 30, 2019. In your request for enforcement you made multiple allegations and eight
(8)specific requests. I have completed a careful review of the facts will answer the eight requests
in the order in which they were received.
Request 1:Prohibit the Audubon Sanctuary from obstructing traffic on Bone Hill Road.
Response: Request for enforcement is DENIED. The building official/zoning enforcement officer
cannot make determinations of, or enforce matters concerning motor vehicles,roadways or
pedestrians in roadways. Matters concerning motor vehicles and pedestrians on roadways should
be reported to the Barnstable Police Department as they are occurring.
As your request for enforcement is not a matter concerning the zoning ordinance or building codes
you may wish to seek legal advice for an appropriate remedy or appellate procedure as your request
is beyond my scope of authority and is not a matter for the zoning board of appeals.
Request 2:Prohibit the Audubon Sanctuary from operating a beach parking lot.
Response: Request for enforcement is DENIED. After a careful review of your allegations,a
meeting with Audubon staff and their attorney, and having received a response from their attorney I
have found that the Audubon is not operating a commercial parking lot. I have also found that the
operators are charging an admission fee for entrance onto their property;that fee is charged whether
or not a motor vehicle is involved and no additional charge is being assessed for a vehicle. As such
I have determined that no violation exists.
If aggrieved by this determination you may file an appeal with the Town Clerk of Barnstable,and
Planning and Development Department specifying the ground thereof within thirty(30)days of the
receipt of this notice in accordance with Chapter 40A Section 15 of the Massachusetts General
Laws.
Request 3:Prohibit the Audubon Sanctuary from posting any new signs on Bone Hill
Road without written ap removal_from the Town of Barnstable. Ensure that all signage is
reviewed and approved by the Old Kings Highway Historic District Commission prior to
being displayed.
Response: Request for enforcement is GRANTED. Signage requires review by both Old Kings
Highway Regional Historic District Committee and the building division where a permit is
required. We will take the appropriate action in order to obtain compliance.
Request 4: The Town of Barnstable should not exempt the Audubon Sanctuary from any
regulations that are applicable to operation of a beach parking lot, operation of a public
beach, or beach-related signage because these activities are not privileged under the
Massachusetts Audubon Society's status as a non-profit educational corporation.
Response: There appears to be a fundamental misunderstanding of the zoning exemption in this
request. The Town of Barnstable does not grant exemptions....The exemption that you reference
was granted by the Commonwealth of Massachusetts legislature and Barnstable has no authority to
grant or deny it,only to ensure that the claim of an exemption is accurate. If it is then Barnstable
has a limited ability to impose reasonable bulk regulations(setbacks and height).
• With respect to the allegations of a beach parking lot,your request is DENIED for the
reasons stated above in my response to Request 2.
• With respect to allegations of the operation of a public beach, your request is DENIED.
Rationale: The beach is accessed by people who have paid a fee to access the sanctuary.
They are free to walk the woods, go into the buildings or go to the beach. Zoning imposes
no restrictions on where persons are allowed to go on the property.
If aggrieved by this determination you may file an appeal with the Town Clerk of Barnstable,and
Planning and Development Department specifying the ground thereof within thirty(30)days of the
receipt of this notice in accordance with Chapter 40A Section 15 of the Massachusetts General
Laws.
• Regarding the beach-related signage,your request for enforcement is GRANTED for the
reasons stated above in Request 3.
Request 5: Close the gravel parking lot at the east end of the Audubon Sanctuary
driveway because it was constructed without a permit and its operation violates Town of
Barnstable regulations.
Response: There appears to be a fundamental misunderstanding of the enforcement process in
Barnstable. Code enforcement is not about taking punitive measures, it is about obtaining
compliance. Our practice is to always seek voluntary compliance even in light of a violation.
Your request for enforcement is GRANTED. We will require that the Audubon submit for a Site
Plan Review to demonstrate that the parking area will comply with the various regulations required
of them in order to have a parking lot in that location.
If the applicant refuses or cannot for practical reasons make the lot comply with the Town's
ordinances it will be compelled to remove it. However,for the sake of transparency short of a few
modifications I see no reason why the lot could not remain with proper permitting.
Request 6:Require the Audubon Sanctuary to develop a comprehensive plan for parking
as part of its Discovery Center construction project. This parking plan must show the
location of designated parking spots, how many,parking spots will exist, and the locations
o driveways and walkways. The parking plan must include appropriate
consideration of runoff and drainage, safety of children, and AD-4 accessibility, among
other things. The parking plan must comply with all applicable Town of Barnstable
regulations.
Response: There appears to be a fundamental misunderstanding with respect to the format of an
enforcement request. Persons making a request for enforcement may request enforcement, but with
few exceptions may not request a specific remedy. That authority is granted to the authority having
jurisdiction.
With that said,your request for enforcement is GRANTED. We will require that the Audubon
submit for a Site Plan Review to demonstrate that the parking area will comply with the various
regulations required of them in order to have a parking lot in that location.
Request 7:Insofar as the Audubon Sanctuary has been operating a beach parking lot
without a permit for at least two years, and that parking lot is within approximately 100
feet of abutters'drinking water wells, the Audubon Sanctuary must provide evidence that
their beach parking activities have not and will not adversely a ect ground water that is
reasonably likely to reach abutters drinking water wells.
Response: There appears to be a misunderstanding with respect to format of an enforcement
request. Persons making a request for enforcement may request enforcement, but with few
exceptions may not request a specific remedy. The authority to impose a specific remedy is granted
to the authority having jurisdiction.
Request for enforcement is DENIED. The Town's zoning ordinance requires parking for all uses
within its corporate limits under Article VI- Off Street Parking Regulations. Adherence to those
regulations does not require property owners to provide ground water analysis.No other property
owner(including yourselves) is required to adhere to such a requirement and I have no authority to
compel the Audubon Sanctuary to do so.
As your request for enforcement is not a matter concerning the zoning ordinance or building codes
you may wish to seek legal advice for the appropriate remedy or appellate procedure as your
request is beyond my scope of authority.
Request 8:Insofar as the maL function of parking areas at the Audubon Sanctuar is s to
serve the educational programs at the proposed Discovery Center and the existing
buildings and insofar as-the Audubon Sanctuary has weed to move the parkin tg o the
west end of their driveway, the Town of Barnstable will require the Audubon Sanctuary
to locate their parking area at the west end of their driveway, close to the proposed
Discovery Center and existing buildings. The location of all existing and proposed
parking areas and walkways will be shown on the site plan for the Discovery Center
construction project, which will be made available to abutters for review and comment
prior to construction.
Response: As stated above,there appears to be a misunderstanding with respect to format of an
enforcement request as well as the Site Plan Review process. Persons making a request for
enforcement may request enforcement, but with few exceptions may not request a specific remedy.
The authority to impose a specific remedy is granted to the authority having jurisdiction.
Please be advised that Site Plan Review is not a public process;there are no provisions for public
comment prescribed in the ordinance and abutters do not have a role in the approval process.
Approvals and denials are based solely upon the merits of a project and how it comports with the
technical requirements of various regulations,not abutter preferences. Therefore,while our files
are public records which we are happy to share with you,we would not do so for comment nor
would we vary a Site Plan Approval to accommodate abutter's preferences.
If it is your desire to affect the design of a proposal you would need to speak with your neighbors at
the Audubon Sanctuary,try to come to some consensus or compromise and ask them to submit the
consensus document as their proposal.
With that said,Request 8 does not meet the standard of a request for enforcement but is more a
directive to the Town. To the extent that it can be considered a request for enforcement it is hereby
DENIED. Further,because Request 8 is not a proper request for zoning enforcement you may wish
to seek legal advice for the appropriate remedy or appellate procedures.
Finally,while it has taken some time to arrive at these conclusions I trust that you will see from this
response that I have not been idle. Enclosed you will find a copy of a letter from Attorney Jonathan
Witten who represents the Audubon. The letter is in response to my request that they address the
details of your allegations.
To be clear,the actions to be undertaken where we GRANTED your request for enforcement are:
1. We will require a Site Plan Review hearing regarding parking and;
2. That an application be filed with Old Kings Highway Regional Historic District Commission for
the signs depicted in your submittal should the Audubon choose to keep them.
I hope that this information has been helpful. If you have any questions please feel free to contact
me.
Re rds,
Brian Floren e
Building Commissioner
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map Parcel eQ Ll Application #106 16
Health DivisionSDee� Date Issued 1 0
lewA. w/�•
Conservation Division `�" S° Application Fee S
Planning Dept. Permit Feed 5
Date Definitive Pla proved by Planning Board
1.1
Historic - OKC_t) _ Preservation/Hyannis
-P_roject Stre _Address=� ��x.2- L` �»
,_-Village�_
(,Owner—. Address�3d�3
Telephon
Permit-Request
Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new
Zoning District Flood Plain Groundwater Overlay
X—ProjectTValuation o v 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 Historic House: ❑Yes 0 No On Old King's Highway: ❑Yes ❑ No
Basement Type: ❑ Full ❑ Crawl ❑Walkout ❑ Other
Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft)
Number of Baths: Full: existing new Half: existing new
Number of Bedrooms: existing _new
Total Room Count (not including baths): existing new First Floor Room Count
Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other
Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No
Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_
.Attached garage: ❑existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: --�
Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑
Commercial ❑Yes ❑ No If yes, site plan review# `MCIO
A
t
Current Use Proposed Use
W
� B'TP9
APPLICANT INFORMATION
(BUILDER OR HOMEOWNER)'=
Telephone,Number
_ r� a
Address
3 4 Co 3 �S• � License # I
/0W �R-80 rr Home Improvement Contractor#
Worker's Compensation #
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
`31GNAT_UR_ E---, DATE '2 S 1
• y4
FOR OFFICIAL USE ONLY
{ ^ `-APPLICATION# i
DATE ISSUED r
MAP/PARCEL NO. ;
ADDRESS VILLAGE
OWNER
DATE OF INSPECTION:
y
1
FOUNDATION
z •
FRAME
INSULATION
s
FIREPLACE
ELECTRICAL: ROUGH FINAL v
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL }
FINAL BUILDING
�f
E
` DATE CLOSED OUT
t
ASSOCIATION PLAN NO.
I
'ENERGY CONSERVATION APPLICATION FORM FOR ENERGY EFFICICIENCY FOR
ONE- AND TWO FA LY DETACHED RESIDENTIAL CONSTRUCTION (780 CMR 61.00)
App-l-icant-Name: �Si e Addres
Pry T-owll
[Applicant P h o n e:
Applicant'Signature: � ate-of Application:
NEW CONSTRUCTION: choose N of the following two o tions
780 CMR TABLE 6107.1
PRESCRIPTIV
E ENVELOPE COMPONENT CRITERIA FOR
NEW ONE- AND TWO-FAMILY BUILDINGS
MAXIMUM MINIMUM
XVP0
Ceiling orSlab
Basement
Option 1: Fenestration exposed Wall Floor Wallperimeter AFUE HSPF SEER
U-factor floors R-Value R-Value R-Value
R-Value R-Value and Depth
National Appliance Energy
R-38 R-19 R-19 R-1 O
R-10, Conservation Act(NAECA)of
.35 4 ft. 1987 as amended,minimums or
greater as applicable
Note: This form is not required if you choose either of the two versions of REScheck as listed below.
❑ Option 2: REScheck Version 4.1.2 or later variant software analysis must be completed
R 6107.3.2
780 CM .)
REScheck—Web which can be accessed at htt-p://www.energycodcs.�ov/rescheck/
ADDITIONS OR:ALTERATIONS,TO EXISTING BUILDINGS OVER.S REARS OLD*
*Buildings under 5 years old must use option 91 or 42 in New Construction section above.
Complete the following formula to determine the % of glazing:
(a) Gross Wall & Ceiling Area equ4ls Formula; (100 x b _ a)
cW I
100 x" _- _ % of glazing
b a
(b) Glazing area equals SF
If glazing is< 40% use the chart below. If glazing is > 40.0/6 proceed to "SUNROOM" section -
780 CMR TABLE 6101.3
PRE S CiRIPTIVE ENVELOPE COMPONENT CRITERIA ADDITIONS TO EXISTING
LOW-RISE RESIDENTIAL BUILDINGS
MAXIMUM MINIMUM
Ceiling and Slab Perimeter
❑ Fenestration Exposed floors all Floor Basement Wall R-Value R-Value
U-factor R-Value R-Value R-value and Depth
39 R-37 a R-13 R-19 R-10 R-10, 4 feet
a R-30 ceiling insulation may be used in place of R-37 if the insulation achieves the full R-value over the entire ceiling
area(i.e. not compressed over exterior walls, and including any access openings).
SUNROOM—An addition or alteration to an existing building/dwelling unit where the total
glazing area of said addition exceeds 40% of the combined gross wall and ceiling area of the
addition.
Note: Owner to fill out Consumer Information Form (found in Appendix 120T)
• Town of Barnstable ;1
o Regulatory Services
• Y
BARNSTABLE Thomas F.Geiler,Director
MASS.
i639• ��� Building Division
rfD MA't h
- Tom Perry,Building Commissioner
200 Main Street,.Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
HOMEOWNER LICENSE EXEMPTION
/ Please Print
�D✓ATTE
� ��.
- CJOB`LOCATION:--�
number street village
"HOMEO--wNER a�9�---
ame home phone# work phone
CURRENT MAILING_ADD RESS:� Aac —Avg---
city/town Istate �*ipcode
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 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 Department
minimum inspection procedures and requirements and that he/she will comply with said procedures and
require
"Signa a Homeowne
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 t amend and adopt such a form/certification for use in your community.
Q:\WPFILES\FORM S\homeexempt.DOC
•4
�` o�THEr Town of Barnstable
Regulatory Services
9 s MAM I E$ Thomas F.Geiler,Director
1639.�� Building Division
Tom Perry,Building Commissioner
200 Main.Street,Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
Property Owner Mu
Complete and Sign Thi Section
F If Using ABui er
I, 1'as Owner of the subject property
hereby authorize to act on my behalf,
in all matters relative to work autho this budding permit application for:
( ddress of job)
Signature of Owner Date
i
Print Name
If Propedy Owner is applying for permit p ase co_ emote the
Homeowners License Exemption Form o tth reverse side,
Q:FORMS:OWNERPERMISSION
B E
711] ]112 2•
0
0
P y ` BEDROOM
.S 117I
CONTRACTOR TO LOCATE = CONTRACTOR SHALL PROVIDE
WINDOWS WHERE THEY AVOID ATTIC ACCESS AS REQUIRED
BY CODE .
ROOF FRAMING.
p 7117
,` h• LIKE WWALLS a LOW FLOOR
�117 ^1 15f7 \, Q. vu
d ., BATH
CONTRACTOR SHALL PROVIDE EAVE - 3
ACCESS AS REQUIRED BY CODE --
,lrg ti "'-1 SH
LINE OF FIRST FLOOR O. - I'S V1•
WALLS BELOW `Q
Gi
117 30LD '.S` 21110 #21110 in
ON
2112 ti w
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STANDARD FORM
PURCHASE AND SALE AGREEMENT
From the Oflice of.
This / ( _ day of March 2010 - -
1. PARTIES AND Michael David Redstone,with an address c/o Ken W.Shulman,IDaypitney LL11,One International
MAILING Afff)RF'.SSES place,Roston,MA 02110 hereinafter called the SELLER,agrees to SELL.and David 11.Garabrant and.Janet
(Jill in) S.Garabrant, with an address of 3063 Geddes Avenue,Ann Arbor,MI 48104 bercinalier called the BUYER or
PURCEIASI;R,agrees to BUY,upon the terms hereinafter set forth,the following describcd premises:
2. DESCRIPTION(fill in The land with the dwelling thereon known and numbered 304 Rona:[lilt Road,Barnstable,Massachusetts
and include title more particularly described in deed to Seller recorded at the Barnstable County Registry of Deeds in Book
reference) 24402,Page 028.
1 BUILDINGS, Included in the sale as a part of said premises are the buildings,structures,and improvements now thereon,and the
j STRUCTURF,S, fixtures and used in connection therewith including,if any,all wall-to-wall carpeting;drapery rods,autornatic
iMPROVEMI:;NT'S, garage door openers,venetian blinds,window shades,screens,screen doors,storm windows and doors,awnings,
j FIXTURES shutters,fit races,heaters,heating equipment,stoves,ranges,oil and gas burners and fixture::appurtenant thereto,
hot water heaters,plumbing and bathroom fixtures,electric and other lighting fixtures,mantels,outside television
(fill in or delete) antennas,fences,gates,trees,shrubs,plants,and window treatments and stir"conditioning,equipment,ventilators,
garbage disposers,dishwashers,and all appliances in the premises as of tale(late of the Offer to Purchase.
4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the F3IRTA,or to the nominee
OW in) designated by the BUYER by written notice to the SELLER at least w.ven days before the deed is to be delivered as
"Include here byspecilic herein provided, and said deed shall convey a good and clear record and marketable title. thereto, free from
reference any restrictions, mcumbranees,except
easements,rights and (a) Provisions of existing building and zoning laws;
obligations in party walls 40-h a.(b) i>+si+rigiigttt5tirttJto rt+lrjctt>t wri"(ten a1;r +n3ent
not included in(b),leases, (c) Such taxes for the then current year as are not due and payable on tile.date of the delivery of such deed;
municipal and other liens, (d) Any liens for municipal betterments assessed after the date of this agreement;
other encurnhrances,and (c) Easements,restrictions and reservations of record existing on tile,(laic hereof, if any,so long as the same do
make provision to project not materially interfere with or materially adversely affect the use, enjoyment or tnnrketahility of said
SELLER against BUYER's premises
breach ofSF1,LFR's *(t) None.
covenants ill leases,where
necessary.
5, PLANS If said deed refers to a plan necessary to be recorded therewith the SPIA 1,12 shall deliver such plan with the deed in
form adequate for recording or registration.
6. REGISTERED TI,n..i,. In addition to the foregoing, if the title to said premises is registered,said deed shall be ire form sufficient to entitle
the BUYER to a Certificate of Title of said premises,and the SF..LI.FR shall deliver with said(Iced all instruments,
if any,necessary to enable the BUYER to obtain such Certificate of Tit:lc.
7. PURCEIASE PRICE(fill The agreed purchase price for said premises is One Million Eight I"lundreci.Thousand and 00/100 ($1,800,000)
in);space is allou-ed to dollars,of which
write out the amounts if -
desired S 20(),000.00 have been paid as a deposit this day,
$ 500.00 were paid with the Offer to Pu rhage,and
$ 1,599,500.()0 are to be paid at the time of delive(y of the(feed in cash,or by certified,
cashier's,treasurers or bank chmk(sj or closing attorneys conveyancing or
trust account checks.
$ 1,300,000.00 TOTAL
pt 7 r
COPYRIGHTO 1979,1 U4,1996,1987,1988,1991
GREATER form may not be o pim or reproduce)in whole or in pan in any manner whaisoever without tho prior express writion consent orthc G mttcr Huston Real 1-imaie Qmtrd,
Commonwealth of Massachusetts.State Environmental Code(310 eMR 15.300)as approved by the
local Board of Health.
Mi ael D.Redskone, Seller Aavid ab ant,Buyer
rota
J . k arab t, Buyer
i
51461274.1 9 A"
M
TOWN OE BADNSTAEI.E
KILROY$WARREN, P.C.
ATTORNEYS AT LAW ' °'z' 22 � - 53
THE ISAAC P. FAIRFIELD HOUSE
67 SCHOOL STREET
BERNARD T. KILROY P.O. BOX 960
HYANNIS, MASSACHUSETTS 02601-0960
TELEPHONE (508) 771-6900
TELEFAX (508) 775-7526
E-MAIL: bkilroy(&-comcast.net
March 22, 2010
Thomas Perry, 9 Building Commissioner
Town of Barnstable
Yarmouth Road
Hyannis, MA 02601
RE: Property at 304 Bone Hill Road, Barnstable j
Dear Mr.. Perry:
This office represents the prospective purchasers of the above property from its current
owner, Michael David Redstone.
In performing due diligence it has come to our attention that a so-called "Media Room"
located over the garage on the property may not have been the subject of a building
permit. The existing dwelling was constructed under a special permit which referenced
the area over the garage, now known as the Media Room, as "storage area above the
garage of 325 sq.ft."
It is critical to my client that the media room be properly permitted.
Although, we believe that, when the current owner purchase the property from the builder,
the media room.was a finished area and that he was unaware of the issue, the Seller is
unwilling to be of much assistance. See copy of email from the Seller's attorney to me
indicating that my clients "can go looking for any permits they want, on their dime, not
mine".
With that knowledge in mind, I directed my clients to authorize me as their agent to apply
for any permits necessary to legalize the media room. Attached is a copy of that
authorization together with a copy of the fully executed purchase and sale agreement to
demonstrate standing to apply for such permits.
i
Please let me know if any additional information is necessary.
Very truly yours,
jernard T. Kilroy
Enc.
f
Zimbra: bkilroy@comcast.net Page 1 of 1
SmartZone Communications Center Collaboration Suite bkilroy@comcast.net
Bone Hill Road Tuesday, March 16, 2010 3:58:34 PM
From: kwshulman@daypitney.com
To: bkilroy@comcast.net
Bernie,
The instructions from my client:
tHere'is the deal.They can go looking for any permits they want,on their`dime,not mine.However the inspection is complete.
Now, if I don't have a signed,binding P&S,with no outstanding contingencies,and$200K on deposit
in a BofA escrow account by Friday I'm moving on,and so are they.
Please,no more emails except they don't want the house,or one that includes a signed P&S,that you know by
this point I'll accept.These people aren't doing me any favors,there is no question I'll sell this house,at this price
and soon.
IRS Circular 230 Notice: Any tax advice provided herein (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of avoiding penalties that
may be imposed on any taxpayer.
Ken W. Shulman
Attorney at Law
Day Pitney ALP
One International Place I Boston MA 02110
t(617) 345 4789 1 f(617) 345 4745 1 c(857) 272 5709
kwshulman(5daypitney.com www.davr)itney.com
This message contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended solely for
the use of the addressee(s) named above. Any disclosure, distribution, copying or use of the
information by others is strictly prohibited. If you have received this message in error, please
notify the sender by immediate reply and delete the original message. Thank you.
This message contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended solely for the use of the addressee(s)
named above.Any disclosure,distribution,copying or use of the information by others is strictly prohibited.If you have received
this message in error,please notifii the sender by immediate reply and delete the original message.Thank you.
http://sz0017.wc.maii.comcast.net/zimbra/mail 3/22/2010
DR. and MRS. DAVID GARABRANT
3063 GEDDES AVENUE
ANN ARBOR, MA 48104
Town of Barnstable
Building Commissioner
Yarmouth Road
Hyannis, MA 02601
RE: Property located at 304 Bone Hill Road, Barnstable, MA 02630
Barnstable Assessors Map 337, Parcel 14
Dear Mr. Perry:
By this letter we hereby authorize our lawyer, Bernard T. Kilroy, to act as our,
agent in filing and prosecuting any and all applications for building or other
permits which may be required in connection with the above property which we
currently have under contract to purchase with the present owner of the property.
Without limitation, this authority includes the power to file an application for a
building and occupancy permit on our;behalf in connection with the so-called
media room located in the former unfinished storage area over the garage to
enable us to lawfully use the area as living space.
Very truly yours,
David Garabrant net Garabr ' t
a
STANDARD FORM
PURCHASE AND SALE AGREEMENT
/ From the Oltice of:
This 1 0 day ofMarch 2010..... .
1. PARTIES ANT,) Michael David.Redstone,with an address clo Ken W.Shulman,DayPitttey L P,One International
MAILING ADDR7 SSES Place,Boston,MA 02110 hereinafter called the SELLER,agrees to SELL and David 11,Garabra►et and,Janet
(fill in) S.Garabrant, with an address of 3063 Geddes Avenue,Ann Arbor,MI 48104 boreinnftcr called the BUYER or
PURCHASER,agrees to BUY,upon the terms hereinafter set forth,the following descrihccl prerises:
2. DESCRIPTION ill in The land with the dwelling thereon known and numbered 304 Bone hill Road,Barnstable,Massachusetts
and include title more pprticularly described in deed to Seller recorded at the Barnstable County Registry of Deeds in Book
i
reference) 24402,Page 028.
3. BUILDINGS, Included in the sale as a part of said premises are the buildings,structures and improvements now thereon,and the
j STRUCTURES, fixtures and used in connection therewith including,if any,all wall-to-wall ctarpoting,drapert'rods,autornatic
IMPROVEMENTS, garage door openers,venetian blinds,window shades,screens,screen doors,storm windows and doors,awnings,
j FIXTUR.E:S shutters,fin-naces,heaters,heating equipment,stoves,ranges,oil and gas burners and fixtures appurtenant thereto,
hot water heaters,plumbing and bathroom fixtures,electric and other lighting fixtures,mantels,outside television
(fill in or delete) antennas,fences,gates,trees,shrubs,plants,and window treatments and air'conditioning cgatipmcnt,ventilators,
garbage disposers,dishwashers,and all appliances in the premises as of the(late of the Offer to Purchase_
4. '1"ITLE DEED Sai('premises are to be conveyed by a good and sufficient quitclaim deed running it)the r31.EYFX,or to the nominee
(fill in) designated by the BUYER by written notice to the SELLER at.least seven days before the deed is to be delivered as
"Include.here.byspecf c herein provided, and said deed shall convey a goad and clear record and marl(ctablc title thereto, free front
reference any resiriciions, encurnbratees,except
easement,(,rights and (a) Provisions of existing building and zoning laws;
obligations in party walls (b) twistingiigh ttlte st+{rj t•t wcita++n al}rrrnaent;
not included in(b),leases, (c) Such taxes for the then current year as are not due and payable on the date of the delivery of such deed;
municipal and other liens, (d) Any liens for municipal betterments assessed after the date of this agreement;
other encumbrance.(,and (e) P,asements,restrictions and reservations of record existing on the date hereof,if any,so long os the same do
make provision ro protect not materially interfere with or materially adversely affect the use, enjoyment or marketability of said
SELLER against BUYER'% premises
breach ofSELLFR's *(f) None.
covenants in leases.where
necessary.
5. PLANS if said deed refers to a plan necessary to.be recorded therewith the SFLL4;R shall deliver such plan with the deed in
form adequate for recording or registration.
6. REGISTERED T.tTIA 1n addition to the foregoing,if the title to said premises is registered,said deed shall be:io form sufficient to entitle
the BUYER to a Certificate of Title of said premises,and the SEI.LER shall deliver with%said(Iced all instruments,
if any;necessary to enable the BUYER to obtain such Certificate of Title.
7. PURCHASE PRICE(fill The'agmed purchase price for said premises is One Million Eight Hundred.Thousand and 00/100 ($1,800,000)
in);space is allowed in dollars,of which
write out the amounts if
desired $ 200,000.00 have been paid as a deposit this flay,
$ 500.00 were paid with the Offer to Purchase,and
$ 1,599,500.00 are to be paid at the time of delivery of the deed in(sash,or by ecrtified,
cashier's,treasurers or bark cheek(g)or closing attorney's conveyancing or
trust account checks. .
$ 1,800,000.00 TOTAL
COPYRIGHTO 1979,1984.1986,1997,1988.1991
GREATER form may not he,copieA or rot roduced in whole or in part in any manner whatsoever without the prior express written consent of the Greater i3astun Real Estate Ronal.
51461279.1
8. TiME FOR Such deed is to be delivered at 12:00 Noon on the 16th day of April 2010 at the Barnstable County Registry of
PERFORMANCE; Deeds,or at Buyer's attorney's office,unless otherwise agreed upon in writing. it is agreed that time is of the
DELIVERY OF 1)[;I:1) essence of this agreement.
9. POSSESSION ANiJ Full possession of said premises free of all tenants and occupants,except as herein provided,is to be delivered at the
CONDITION OF time of the delivery of the deed,said premises to be then(a)in the same condition as they now arc,mnsonable use
PREMISE.(attach o list and wear thereof excepted,and (b)not in violation of said building arm ;ronint;laws,and (c) nu compliance with
ofexceptions,lfany) provisions of any instrument referred to in clause 4 hereof,and(d)free of all personal cl.'I'ccts,except as otherwise
set forth herein,and in broom clean condition. The BUYER shall be entitled personally to inspect said premises
prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this
clauses
10, EXTENSION TO If the SI"?LLER.shall be unable to give title or to make conveyance,,or to deliver possession of tlic premises,all as
PER.FECT'fIT1.E OR herein stipulate], or if at the time of the delivery of the deed the premises do not conform with the provisions
MAKE PREMISES hereof,then Jla undef this affeemema3I# -f�rtt}wirlt-refilled-and-all-!�t#er- igatiot�s of-the
CONFORM(Chany,e patties-hereto-shall berator,unless the SELLER
period of time if desires{). eleets-to shall use reasonable efforts(not to exceed S5,000,exclusive of mortgage and municipal liens and other
voluntary encumbrances)to remove any defects in title,or to deliver possession as provided herein,or to make the
said promises conform to the provisions hereof,as the case may be,in which event the ST4,l,ER shall give written
,notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for
performance hereof shall be extended for a period of up to thirty(30)day;.
11. FAILURE TO PERi EC`l'. If at the expiration of the extended time the SELLER shall have failed so to remove arty defects in title, deliver
TITLE OR MAKL possession, or make the premises conform, as the case may be, all w herein agreed or if nt any time during the
PREMISES CONFORM, period of this agreement or any extension thereof,the holder of a mortgage on said prt rnise:s shall refuse to permit
etc. the insurance proceeds,if any,to be used for such purposes,then any payments made under this agreement shall be
forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void
without recourse to the parties hereto.
12. BUYERN ELECTION TO The BUYER shall have the election,at either the original or any extended time for perforin ance,to accept such title
ACCEPT TITLE as the SELLER can deliver to the said premises in their then condition and to pay therefore the purchase price
without deduction,in which case the SELLER shall convey such title,except:that in the recut of such conveyance in
accord with the provisions of this clause,if the said premises shall h;4ve been damaged by fire or casualty insured
against,then the SELLER shall;unless the SELLER has previously restored the premises to their former condition,
either
(a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable on
account of such insurance, less any amounts reasonably expended by the ;TELLER for any partial
restoration,or
(b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be
used to restore the said premises to their former condition or to be so paid over or assigned, give to the
BUYER a credit against the purchase price,on delivery of the dced,equal to said amounts so recovered or
recoverable and retained by the holder of the said mortgage less any arnounts reasonably expended by the
SELLER for any partial restoration.
13. ACCEPTANCE OF The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a full
DEED performance and discharge of every agreement and obligation herein contained or expressed,except such as are,by
the terms hereof,to be performed after the delivery of said deed.
14. USE OF MONEY TO To enable the SELLER to make conveyance as herein provided,the SELLER may,at the lints of delivery of the
CLEAR'n'ru, deed,use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests,
provided that all instruments so procured are recorded simultaneously with the delivery of said deed,or that
provision for prompt recording thereof in accordance with prevailing conveyancing practices is inadc at the time of
the closing.
15. INSURANCE*Insert Until the delivery of the deed,the SELLER shall maintain insurance an said premises as follows:
amount(list additional Type of Insurance Amount of Coverage
types of insurance and
amounts as agree(!) (a) Fire and Extended Coverage a As currently insaired.
Risk of loss shall remain with the SELLER until the delivery of and recording of deed to 13IJVCR.
IG. ADJUSTMENTS(141 C01168ted FOMS;melt-' water use charges,epet�titrg ertpensns(it arty},xcctu,+a>g kr tt►at shc+�tivd
operating expenses, f(an y, heretrr oF set foFth belew, and taxes for the then current fiscal year, shall be apportioned :and fucl value shall be
or attach schedule) adjusted,as of the day of perfbrmancc�of this agreement and the net autount thereof shall be added to or deducted
from,as die case maybe,the purchase price payable by the BUYER at the time of(Ichvery of the deed. I;Im,olleeW-
F`611 or-tl)oeiutertt FOR, l per" ®�1�by Fsit#aer p rtty:
U
s)4612*19.1 2
y
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17. ADJUSTMENT O1T If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned on the
UNASSESSE D AND basis of the taxes assessed for the preceding fiscal year,with a reapportionment as soon as the new tax rate and
ABATED'fAXLS valuation can be ascertained;and,if the taxes which are to be apportioned shall thereaflcr he reduced by abatement,
the amount of such abatement, less the reasonable cost of obtaining the sane, shall be apportioned between the
parties,provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless
herein otherwise agreed.
18, BROKER's FEF(lilt in fee A Broker's fee for professional services of 5.2,500 is due from the SELLER to Solhehys Ctcalty and Linda Edson
with dollar amount or real Estate the Brokers)herein,but only if,as and when the Seiler receives the.full purchase price pursuant to this
percentage;also Frame of Agreement and the Buyer accepts and records the Seller's deed but not.otherwise and regardless of the reason for
Brokerage irru(s)) failing to close hereunder
19. BROKER($) The Broker(s)named herein,warrant(s)that the Broker(s)is(are)duly licensed as such by the Commonwealth of
WARRANTY(fill in Massachusetts.
name)
20. DEPOSIT(fill in nome) All deposits made hereunder shall be held in escrow by Sothebys Realty as escrow asgont subject to the terms of this
agreement and shall be duly accounted for at the time for performance of this agreun,em. In the event of any
disagreement between the parties, the escrow agent shall retain all deposits madc under this agreement pending
instructions mutually given by the SELLER and the BUYER or a Court of carnpeteutjutivdictiosi.
21. BUYER's DEFAULT; if the BUYER shall fail to fulfill the BUYER's agreements herein,all deposits made,hereunder by the BUYER shall
DAMAGES be retained by the SELLER as liquidated damages Hess witLrit3 thin{:y cl+ys atte�tlro-time•.tor pEsricrrmaflse e€this
agresmrrnFtar -the-49Y41 R w-wF"ie- and this shall be
Seller's sole and exclusive remedy at law or in equity. Buyer hereby agrs.es to reasonableness of this remedy.
22. RELEASE BY 1 ezSf iat gspou,e said-deed-md to Felaaso-a++tJ e vay itll-ntetcFtoFy a+xl-�rth k s aed
14USBAND OR WIT-T, intemst,,,ritrsaicl premises
23. BROK13R AS PARJ'Y The Broker(s)named herein join(s)in this agreement and become(s)a party hereto,insofar as any provisions of this
agreement expressly apply to the Broker(s),and to any amendments or modifications of such provisions to which
the Broker(s)agrec(s)in writing.
24. LIABILITY OF if the SELLER.or BUYER executes this agreement in a representative of fiduciary capacity,only the principal or the
TRUSTF17, estate represented shall be bound, and neither the SELLER or BUYER so executing, nor ary shareholder or
SHAREHOi,DElt, beneficiary of any trust,shall be personally liable for any obligation,express or implied,hereumder.
BENEFICIAR Y,etc.
25. .WARRANTIES AND The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has he relied
REPRESBNTA"T K NS upon any warranties or representations not set forth or incorporated in this agreement or previously made in writing,
(rill in):ifnone,state except for the following additional warranties and representations, if any, made by either the SELLER or the
"none",-if any listen, Broker(s): None other than as set forth in Rider A,signed by the parties,which hider is attached hereto and
indicate by whom each incorporated herein by reference.
warranty or
representation was inade
26. MORTGAGE There is no mortgage contingency for this transaction.
j CONTINGENCY
CLAUSE(omit ij not
providedAr in Offer 1,
Purchase
j27. CO>v°STRUC,noN or This instrument,executed in multiple counterparts,is to be construed as a Massachusetts contract,is to take effect as
AGREEMENT a sealed instrument,sets forth the entire contract between the parties,is binding upon and inures to thc benefit of the
parties hereto and their respective heirs, devisees, executors, administrators successors and assigns, and may be
canceled,modified or amended only by a written instrument executed by both the ST't I Eft and the BUYER. If two
or more persons are named herein as BUYER their obligations hereunder shall be joint and several, The captions
and marginal notes are used only as a matter of convenience and are not to be considered ri part of thus agreement or
to be used in determining the intent ofthe parties to it.
28. LEAN PAINT LAW The parties acknowledge that,under Massachusetts law,whenever a child or children under sirs years of age resides
in any residential premises in which any paint,plaster or other accessible material contains dangerous levels of lead,
the owner of said premises must remove or cover said paint,plaster or other material so as to make it inaccessible to
children under six years of age.
29, SMOKE:DETECTORS The SELLER shall,at the time of the delivery of the deed,deliver a certificate from the fire department of the city or
and CARBON town in which said premises are located stating that said.premises have been equipped with approved smoke
51asi3ra.i 3 . .. ,
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MONOXIDE detectors and carbon monoxide detectors in conformity with applicable law.
DETECTORS
30. ADDITIONAL The initialed riders,if any,attached hereto,are incorporated herein by reference.
[PROVISIONS
See hider A attached hereto and incorporated by reference.
FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978,BUYER MUST ALSO RAW`TOFNBI)
LEP )PAINT"PROPERTY TRANSFER NOTIFICATION CERTIFICATION"
NOTICE:This is a legal document that creates binding obligations. If not understood,consult an attorney.
SELLER: Michael David Redstone SELLER:
Taxpay I '. Taxpayer ID/ _.�_...._.___.._.....
BUY- David rabrant BUY .Janct S+Cralfa rant
'-(.��� -)
/r
Broker Broker(s) _
EXTENSION OF TIME FOR PERFORMANCE
Date:
The time for the perfonnance of the foregoing agreement is extended until o'clock _ M. on the
day of 20 time still being of the essence of this agreement its extended. In all other
respects, this agreement is hereby ratified and confirmed, This extension,executed in multiple counterparts, is intended to take effect as a sealed
instrument.
SELLER(or spouse) SELLER
i
.._.......
��..__.__
BUYER BUYER
Broker(s) Broker(s)
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s wau�y.t 4. . . .
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Rider A to Purchase and Sale Agreement
304 Bone Hill Road
Barnstable,Massachusetts
BUYER("Buyer")and SELLER("Seller")agree to the following terms in addition to those set forth in
the printed portion of this Purchase and Sale Agreement(this"Agreement"). In the event of any conflict
between this Rider and the printed portion,as modified,of this Agreement,the provisions of this Rider
shall control,
31. Inspection Contingency. Buyer acknowledges that the Buyer has had the opportunity to have the
premises inspected by a qualified commercial inspection fain or firms to ascertain(i)that the premises
(including all plumbing,heating,air-conditioning,and electric systems)are safe, adequate,fully
operational,.in conformity with all applicable governmental codes and structurally and mechanically
sound;(ii)that the premises are free of termites and other wood-destroying pests and organisms;and(iii)
that the premises do not contain dangerous levels of urea formaldehyde foam insulation,radon,asbestos,
chlordane or other toxic substances. It is understood and accepted that the price for the premises has
been negotiated as a result of certain issues discovered during the inspections and that BUYER accepts
the Premises"as is"without any warranties either express or implied as to use,fitness for any particular
purpose,habitability,merchantability,condition or any other matter affecting the Premises,other than as
set forth in this Agreement. The provisions of this Paragraph shall survive delivery of the deed.
32. Access and Indemnity. Buyer,its mortgage lender(if any)and their agents shall have the right to enter
upon the premises after notice to Seller(which may be oral)at reasonable times for purposes of
inspection,measurement,and appraisal. Seller shall also permit.entry upon the premises by an engineer
or land surveyor for the purpose of plotting bounds and taking measurements. All such entries shall take
place in the presence of Seller or Seller's broker,and the number of such entries shall not exceed five.
Buyer shall indemnify Seller and hold Seller harmless from all actions,suits,claims,liabilities,losses,
damages, and costs,including reasonable attorneys'fees,arising from(a)any personal injury suffered by
Buyer,its mortgage lender,and their agents,on or about the premises,or(b)property damage to the
premises caused by such entries.
33. Lead Paint. Buyer and Seller acknowledge that(a)Buyer has been informed by Seller of the provisions of
the lead paint statute and regulations(1 OS CMR 460 et sea.)(the"Lead Paint Law"),(b)Seller has made
the disclosure to Buyer with respect to lead paint in the Premises required by the Lead Paint Law,and(c)
Buyer has received the notification forms required by the Lead Paint Law. Buyer acknowledges that Seller
has notified Buyer of Buyer's right to perform a lead paint inspection of the Premises if Buyer so chooses.
Buyer agrees that if the Premises contain lead paint,Seller shall have no duty to remove same or to
otherwise make the Premises comply with the Lead Paint Law and upon closings Buyer-shall assume all
responsibility with respect to lead paint in the Premises. The provisions of this Paragraph shall survive
delivery of the deed.
34. Affidavits and Indemnities NecessW for Closing. Seller agrees to execute,or cause his agent to
execute, at closing all affidavits and indemnifications to Buyer's title insurance company and/or Buyer's
mortgage lender(if any) as reasonably required,including,but not limited to,affidavits indemnifying
against claims of workmen and mate.rialmen and affidavits as to the nonexistence of urea formaldehyde
foam insulation on the premises to the best of Seller's knowledge,parties in possession,the purchase
price and allocation of the same.
35. Title. Without limitation of any other provisions in this Agreement,the premises shall not be considered
to be incompliance with the provisions of this Agreement with respect to title unless: .
swetzw.i 5 .
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(a) All structures and improvements on the premises,including any driveway(s)and
garage(s)and all means of access to the premises shall be wholly within the boundary lines of the
I premises and shall not encroach on,upon or under the property of any other person or entity;
i
(b) No building, structure or improvement,including any driveway(s)or garages,or
properly of any kind belonging to any other person or entity shall encroach upon or under the
I premises;
(c) Title to the premises is insurable,for the benefit of Buyer,by a title insurance
company reasonably acceptable to Buyer in a fee owner's policy of title insurance,at normal
premium.rates,on the American Land Title Association form currently in use, subject only to
those printed exceptions to title normally included in the"jacket to such form or policy,the
standard so-called"Schedule B" exceptions, including exception No. 3,Survey,and Exception
No. 4,Real Estate Taxes(the latter of which shall only except real estate taxes not yet due and.
payable);
(d) The premises have vehicular and pedestrian access to a public way,duly laid out
or accepted as such by the town or city in which the premises are located;
(e) There are no,restrictions,easements,agreements, or other matters affecting the
premises which interfere with the use and enjoyment of the premises as a single family residence;
and
(f. best=of Seller's=knawledge,.all-improvements on the Premises have been
constricted=trx ac rco dance-with-any-covenants governing or reguaatang`the=same andwi required .
b�d covenants;wcertificate ofcomplian ee,in-recordable form is delivered at-the trme__of the
Edeli--v"aLfhe deed=or has=been previously recorded`in`the a ro riate Re is_ of l7aeds.
ei
36. Conveyancing Standards. Any matter of practice arising under or relating to this Agreement which is the
subject of a title standard or a practice standard of the Massachusetts Real Estate Bar Association at the
time for delivery of the deed shall be governed by such title standard or practice standard to the extent
applicable,provided,,however,that Buyer shall not be required to purchase the Premises if,irrespective
of such standard,title is not insurable in accordance with Rider paragraph entitled
subparagraph(c). Further,the premises shall not be considered to be in compliance with the provisions
of this Agreement unless:
(a) Buyer's survey or mortgage plot plan indicates that no structure or improvement
situated upon the premises violates zoning ordinances or bylaws of the municipality in which the
premises are located or the provisions of MGL c.40A,unless such structures or improvements
are legally nonconforming in accordance with such ordinances,bylaws and statutes;
(b) No portion of the premises is substantively impacted by(i)MGL c. 131, Sections
40 and 40A,relative to filling,dredging or alteration of wetlands;(ii)zoning provisions,
ordinances or regulations relative to wetlands, flood plains,watershed districts or similar
classifications,conservation,historic preservation or similar restriction;
(c) Seller has not tolerated open and notorious use of the premises by another person;
(d) The premises are not subject to any tax lien other than the lien for real estate taxes
not yet.due and payable.
i -
37. No Pending Action. Seller hereby represents and warrants that as of the date hereof,there is no pending
Seller bankruptcy,mortgage foreclosure,or other proceeding,including in the Barnstable Probate Court,
that might in any material way impact adversely on the Seller's ability to perform on the closing date.
Seller has no knowledge of any litigation or proceeding,pending or threatened,against or relating to the
Premises. Seller has no knowledge of nor has Seller received any written notice of taping,condemnation
or special assessment,actual or proposed,with respect to the Premises. To the best of Seller's
knowledge,all terms and conditions of recorded restrictive agreements applicable to the Premises have
been met. The representations and covenants provided in this paragraph shall survive the delivery of the
t
deed.
38. Miscellaneous,
(a) Seller warrants that Seller has complete and unencumbered ownership of all fixtures,
fittings and equipment on the premises including in the sale of the premises and Seller shall transfer and
i assign all warranties, if any,in effect concerning the Premises and its fixtures at the time of the delivery
of the deed.
(b) At the time of delivery of the deed,all operating systems,i.e.,heat,hot water,electricity,
and all appliances to be transferred hereunder,shall be delivered in the same working condition as they
were at the time of execution of this Agreement. Such systems and appliances shall be deemed in proper
j working order if they are delivered in the same condition as they were as of the date of the home inspection,
reasonable wear and tear excepted.
(c) At the closing the Seller shall deliver to Buyer such keys as Seller may possess for all
existing locks to all buildings on the premises,openers for automatic doors and all necessary codes for
alarm and similar systems on the premises,if any.
(d) Seller shall cooperate with Buyer in providing information and written consents,if
necessary,to arrange for pay-off of Seller's mortgage(s), if any,and other closing arrangements.
(e) Seller hereby represents and warrants that there are no contracts or agreements to which
Seller is a party, including any tenancy or occupancy agreements, which affect the Premises, create an
obligation with respect to the Buyer and survive the closing.
(f) If any errors or omissions are found to have occurred in any calculations or figures used
in the settlement statement signed by the parties (or would have been included if not for any such error
or omission) and notice hereof is given within sixty (60) days of the date of delivery of the deed to the
party to be charged;then such party agrees promptly to make a payment to correct the error or omission.
Each party also agrees to execute and deliver to the other party such additional documents or amendments
to existing documents as are reasonably required to effectuate the:sale and purchase under this Agreement
provided such additional documents or amendments are prepared by the requesting party, and do not in any way
adversely affect,or otherwise enlarge the liability of,any of the parties relative to said sale and purchase.
39. Brokers. Seller warrants to Buyer that Seller has dealt with no broker or other person entitled to a
broker's commission in connection with the transaction contemplated by this Agreement except the
broker(s) listed herein,and Seller agrees to hold Buyer harmless from and.indemnify Buyer against all
damages,claims,losses and liabilities,including legal fees,incurred by Buyer as a result of the failure of
this warranty. Buyer warrants to Seller that Buyer has dealt with no broker or other person entitled to a
broker's commission in connection with the transaction contemplated by this Agreement except the
broker(s) listed herein, and Buyer agrees to hold Seller harmless;fTom and indemnify Seller against all
51461279.1 .. . .. . . 7 ..
damages;claims,losses and liabilities,including legal fees,incurred by Seller as a result of the failure of
this warranty.
40. Offer to Purchase. The memorandum executed by the parties,entitled"Offer to Purchase Real Estate"
and dated March 1,2010 is hereby superseded and of no further force and effect.
41. Broom Clean Condition. The Premises,including the basement and garage thereof,shall be delivered by
Seller in a broom clean condition,removing all of the Seller's possessions therefrom not being sold to
the Buyer.
42. Underground Oil Tanks.To the best of Seller's knowledge,there are no articles or substances on or near
the Premises which are toxic or hazardous other than any materials or substances ordinarily stored or
used or found in a residential dwelling. Seller has no knowledge of any underground storage tanks or
related apparatus(including piping)for fuel oil,waste oil or other petroleum products other than in the
basement of the dwelling on the Premises(if any),has not removed such tanks or apparatus from the
Premises and has no knowledge of any releases into the soil from any such tanks or apparatus. Seller's
representations under this Paragraph shall survive the delivery of the Teed. However, Seller shall have
no obligation to engage any professional consultants or to excavate or test the property.to verify the
I accuracy of his beliefs in this regard.
43. Notices. All notices required or to be given hereunder shall be in,.writing,shall be delivered(a)by hand,
(b)by a nationally-recognized overnight courier,(c)by registered`or certified mail,return receipt
requested,postage and registration or certification charges prepaid,or(d)by facsimile,provided that a
copy is simultaneously delivered by a method described in(a),(b)or(c)above,and shall be deemed
duly given upon delivery if delivered by hand,the next business day if delivered by overnight courier,
two days after being placed in the mail if mailed aforesaid;or'(d)upon confirmation of transmission if
sent by facsimile. All such notices shall be addressed as follows:
FOR.BUYER: BERNARD KILROY,ESQ.
KILROY&WARREN,PC
67 SCHOOL STREET,PO BOX 960
HYANNIS,MA 02601
bkilroy@comcast.net
508-771-6900(Phone)
508-775-7526(Fax)
FOR SELLER: KEN W. SHULMAN,ESQ.
DAY P'ITNEY,LLP
ONE INTERNATIONAL PLACE
BOSTON,MA 02110
kwshuhnan@daypitney.com
617-345-4789(Phone)
617-345-4745(Fax)
44. Execution. This Agreement including the Rider(s)may be executed in several counterparts and by
facsimile signature(provided that executed original copies follow immediately thereafter),and as so
executed shall represent one complete agreement,
45. Title 5. This conveyance is subject to the SELLER's obligation at closing to present a`Certificate in
proper form from the Town of 11mosieh that the premises comply with the.requirements of Title 5 of the
Commonwealth of Massachusetts.State Environmental Code(310 GMR 15.300)as approved by the
local Board of Health.
Mi ael D.Redstone, Seller avid H. G b ant,Buyer
1 arab t,Buyer
51461279.1
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TOVN •OF BARNSTABLE
CERTIFICATE OF OCCUPANCY
aR
PARCEL ID dST-614 GEOBASE ID 24872
ADDRESS 304, BONE HILL ROAD PHONE
BARNSTABLE ZIP -
LOT 4 BLOCK LOT SIZE
DBA DEVELOPMENT DISTRICT BA
PERMIT 85517 DESCRIPTION CERTIFICATE OF OCCUPANCY #78341
PERMIT TYPE BC00 TITLE CERTIFICATE OF OCCUPANCY
CONTRACTORS: Department of
ARCHITECTS:90 Regulatory Services
TOTAL FEES: $25.00
BOND $.00 pFtME 1�p�
CONSTRUCTION COSTS $.00 �►
756 CERTIFICATE OF OCCUPANCY 1 PRIVATE F r
* BARNSTABLE, •
MASS.
039. �
�FDMP�A II
I
BU ING� V�S.ION
BY t ,
DATE ISSUED 07/19/2005 EXPIRATION DATE 1
TOW-6F BARNSTABI
BUILDING PERMIT rr
PARCEL ID ,337�014 dEOBASE ID 248`72
ADDRESS 304, BONE HILL ROAD _ PHONE
BARNSTABLE , ZTP -
LOT 4 BLOCK LOT SIZE
DBA DEVELOPMENT DISTRICT BA
PENT TYPE BUILD; IPTION NEWORESJDEjffr SLDG40 ZBA#2004-083
CONTRACTORS: PROPERTY OWNER De artment of
ARCHITECTS: P
Regulatory Services
TOTAL FEES: $2,355.00
BOND $_00 tME
CONSTRUCTION COSTS $550,000.00 -
101 SINGLE FAM HOME DETACHED 1 PRIVATE I
BMWSTABLE,
MASS.
4 1639.
Ep MA'S
}
BU I IVISI
Y
0803/2004 EXPIRATION B
DATE ISSUED E r
y_.----
x TOWN'-{)IF BARNSTABLE
u .BUILDING PERMIT
PARCEL ID 837`7014 ' ' GEOBASE ID 24872
ADDRESS 304,'BONE HILL ROAD :6 PHONE
BARNSTABLE `x zip,
LOT 4 BLOCK LOT SIZE ---
DBA DEVELO�ME�T i �,� ' DISTRICT BA,
MET
77gg3 1 D SS RIPTION DEM //RBLD gQEDg� & GARAGE ZBA#2004-083
MET TYPE BUI�D T�T��E NEW ftESIDE�fTIAL BLDG PMT
5
CONTRACTORS: PROPERTY OWNER `� Department of '
ARCHITECTS: , -
\,
TOTAL FEES: $2,355.00 Regulatory Services
BOND $.00 �tf1E
CONSTRUCTION COSTS $550,000.00
' 101 SINGLE FAM HOME DETACHED 1 PRIVATE R P
BUI, DIN DIVISION
S BY
ATE; ISSUED 08/03/20t EXPIRATION DATE �- -----
v 5@A i l r
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. EN-
CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR
ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS
PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. '
MINIMUM OF FOUR CALL INSPECTIONS REQUIRED
FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE
1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR
2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE.OF OCCU- ELECTRICAL,PLUMBING AND MECH-.
(READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS.
3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE.
4.FINAL INSPECTION BEFORE OCCUPANCY.
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS EL TRICAL INSPECTION APPROVALS
�'`7t (3 � 1 ROi�6l0E �pl�/N�i.vt' 1 6)et C� � / �/4✓
6 CFI
2 2 7//
1 EATING INSPECTION APPROVALS ENGINEERING DEPARTMENT
2 BOARD OF HEALTH
OTHER: - SITE PLAN REVIEW APPROVAL
CAS'
WORK_SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS
Y THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY
VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA-
TION. NOTED ABOVE. TION. `I
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BUILDING
PERMIT
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TO APPROVD
CNN OF BARNSTABLE
I. Q` GAS ❑ Wes_.
❑ PLUMBING ❑ �G
P4 �!t
� f �
I
Njj:�w i4ws-r—, 7
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
22
Map 331 Panel Permit# J /
Palth Division a = . v ��ri Date Issued kl,311W
Conservation Division Zwt_ 3—406 Application Fee
Tax Collector PIAv /no/ tq,oy i%n dL I!E '
Permit Fee �� .
Treasurer �m C� AAUST'BE
Planning Dept.
WITH UAbME 5LtANCE
Date Definitive Plan Approved by Planning Board n f-/q- r%DENTAL CODE AND
��'�d p�rese TOWN REGULATIONS
Historic-OKH rvation/Hyannis AA
Project Street Address __30q 6 v N E. 14 I LL. /4"
Village (/'u VV\,,M NQU v0
Owner'bkyid � cimoy PA,zrz Address —71 Seu'togg. LiJ (�)
Telephone 5-oC`if4-3"3 040
Permit Request C`o wr TV i vr' 3 R2 tom/A-TTW(, CX 2 C 1. ,
Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new 2?100
Zoning District Flood Plain Groundwater Overlay
Project Valuation L�w 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 Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No
Basement Type: JkFull brCrawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft)
r
Number of Baths: Full: existing new 3 12--- Half: existing new
Number of Bedrooms: existing new C'
Total Room Count(not including baths). existing new First Floor Room Count ;;-' SR
N
� D
Heat Type and Fuel: &Gas ❑Oil ❑ Electric ❑Other
Central Air: ;k Yes ❑No, Fireplaces: Existing New Existing wood/coal sto e: ❑Yes C`sl5No
•• w
Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existin ❑newDsize rn
Attached garage:❑existing V ew size Shed:❑existing ❑new size Other:
Zoning Board of Appeals Authorization ❑ Appeal# U — Recorded❑
Commercial ❑Yes ❑No If yes,site plan review#
Current Use Proposed Use
BUILDER INFORMATION
Name—OkJ 1 h PAiUFQA- Telephone Number S_'943`3 d4O
Address 0 d OX 12, 1( License#
13ftN 573"LiF iM A 0 Uo30 Home Improvement Contractor#
Worker's Compensation#
k
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO f /r44 (_ /d1t0v51_ 4rf
SIGNATURE DATE !p —/a
FOR OFFICIAL USE ONLY
PERMIT NO.
DATE ISSUED
MAP f'PARCEL NO..
ADDRESS VILLAGE
OWNER
r
DATE OF INSPECTION:
r FOUNDATION d®
FRAME
INSULATION -9 l 11 S U L D� �� 7 -
y � ,n
FIREPLACE 0&C1./&7 D/,c .CY�1 �O/et?/,o S/
a _
' ELECTRICAL: ROUGH FINAL
fn
PLUMBING: ROLOYM ey _ FINAL
GAS: RO
E. O� FI VAL
th
t tIr CF---
FINAL BUILDINGjh /PI —f S
0
G ,
DATE CLOSED OUT N Q ''rn S
ASSOCIATION PLAN NO.
,
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o�tl,E,a�. Town of Barnstable
Regulatory Services
iAMSTABIZ : Thomas F.Geiler,Director
MASS.
9 039. .• Building Division
�prEO MA'I A
Tom Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.b arnstable.ma:us
Office: 508-862-4038 Fax: 508-790-6230
HOMEOWNER LICENSE EXEMPTION
u� Please Print
DATE:
JOB LOCATION:_,10 y IOD NA 1-F "c At 6 -A-,- TAG OLD
number street village
"HOMEOWNER": NAV) PA4944 yfil� SOr—rrO-36Yo 01l—.3G?��BdY
name ,p home phone# work phone#
CURRENT MAILING ADDRESS: Po 6p x 12 11
QAgem 7A*c.G
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 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 Department
minimum inspection procedures and requirements and that he/she will comply with said procedures and
requirements.
Signature of Ho wner
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 t amend and adopt such a form/certification for use in your community.
Q:forms:homeexempt
USIDENTI A.L BUILDING PERMIT FEE9
c;
APPLICATION FEE
New Buildings,Additions $50.00
Alterations/Renovations S25.00
Building Permit Amendment $25.00
FEE VALUE WORKSHEET
NEW LIMG'SPACE
����� • �11
x.0031=
square feet x$96/sq foot=
plus from below(if applicable)
ALTERATIONSWNOVATIONS OF EXISTING SPACE
square feet x$64/sq•foot= x.0031=
plus fro—below ob 1 w(if applicable)
ACCESSORY STRUCTURE>120 sq.1t
>120 sf-500 sf $35.00 '
>500 sf-750 sf 50.00
>750 sf-1000 sf .00
>1000 sf-1500 sf 100.00
>1500 sf-Same as new building perrdt: x.0031=
square feet x$96/sq.foot=
STAND ALONE PERMITS ,:
x$30.00=
Open Porch (number)
x$30.00=
Deck (number)
Fireplace/Chimney x$25.00
(number)
Inground Swimming Pool $60.00
Above Ground Swimming Pool
$25.00
Relocation/Moving ,
$150.00
(plus above if applicable) Permit Fee
To ost
P 1
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` JOB---��-p!t fLk.�c�c-a — -._ ..sr.&171k. �i�&,J
5'R DESIGN-ASSUC. INC.� . SHEET NU. 1 OF -
1 28 Barnstable Road
Hyannis, MA02601 CALCULATED BY— Gr `r DATE
PHONE/FAX: (508) 790-4686 s
CHECKEDBY
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PHONE/FAX: (508) 790-4686
CHECKED BY DATE
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Hyannis, MA 02601 CALCULATED BY l T DATE L z� 04-
PHONE/FAX: (508) 790-4686
CHECKED BY DATE
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MAScheck COMPLIANCE REPORT
Massachusetts Energy Code I Permit #
MAScheck Software Version 2.01 Release 2 I
_ I
Checked by/Date
I
CITY: Barnstable
STATE: Massachusetts
HDD: 6137
CONSTRUCTION TYPE: 1 or 2 Family, Detached
HEATING SYSTEM TYPE: Other (Non-Electric Resistance)
DATE: 3-8-2004
DATE OF PLANS: 3/2/04
TITLE: The Parrella Residence
PROJECT INFORMATION:
New Beach House /J 1 Le- Ro z�,p : Gu r+ti rn A[�v D, rr► �+ °z"� -7
COMPANY INFORMATION:
Northside Design Associates
COMPLIANCE: PASSES
Required UA = 597
Your Home = 374
Area or Cavity Cont. Glazing/Door
Perimeter R-Value R-Value U-Value UA
CEILINGS 1982 32.0 32.0 32
WALLS: Wood Frame, 16" O.C. 3895 13.0 13.0 187
GLAZING: Windows or Doors 468 0.320 150
DOORS 60 0.086 5
COMPLIANCE STATEMENT: 1"he proposed building design Qescribed here is
consistent.With the building plans, specifications, and other caiculations
submitted with the permit application. The proposed building has been
designed to meet the requirements of the Massachusetts Energy Code.
The heating load for this building, and the cooling load if appropriate,
has been determined using the applicable Standard Design Conditions found
in the Code. The HVAC equipment se cted to heat or cool the building
shall be no greater than 125% of esign load as specified in
Sections 780CMR 1310 and
Builder/Designer Date_.3�g l�
t
4
assachusetts Energy Code
:/'MAScheck Software Version 2.01 Release 2
The Parrella Residence
DATE: 3-8-2004
Bldg.1
Dept.1
Use
CEILINGS:
[ ] 11. R-32 + R-32
Comments/Location
I WALLS:
[ ) 11. Wood Frame, 16" O.C., R-13 + R-13
Comments/Location
I WINDOWS AND GLASS DOORS:
[ ] 11. U-value: 0.32
I For windows without labeled U-values, describe features:
# Panes Frame Type Thermal Break? [ ] Yes [ ] No
Comments/Location
I
DOORS:
[ ] 11. U-value: 0.086
Comments/Location
I AIR LEAKAGE:
[ ) I Joints, penetrations, and all other such openings in the building
envelope that are sources of air leakage must be sealed. When
I installed in the building envelope, recessed lighting fixtures
I shall meet one of the following requirements: !.
11. Type IC rated, manufactured with no penetrations between the
I inside of the recessed fixture and ceiling cavity and sealed or
I gasketed to prevent air leakage into the unconditioned space.
2. Type It :fated, in accordance with Standard ASTM E 283, with no
I rnor, than 2.0 cfm (0.944 L/s air movement from the the
I cerirlitioned space to the ceiling cavity. The lighting fixture
I shali have been tested at 75 PA or 1.57 Ibs/ft2 pressure
difference and shall be labeled.
I VAPOR RETARDER:
[ ] I Required on the warm-in-winter side of all non-vented framed
ceilings, walls, and floors.
I MATERIALS IDENTIFICATION:
[ l I Materials and equipment must be identified so that compliance can
be determined. Manufacturer manuals for all installed heating {
and cooling equipment and service water heating equipment must be
provided. Insulation R-values and glazing U-values must be clearly
I marked on the building plans or specifications. F
1.
I DUCT INSULATION:
[ 9 I Du,-As shall be insulated per Table J4.4 7.1
DUCT CONSTRUCTION:
All accessible joints, seams, and connections of supply and return
t, I ductwork located outside conditioned space, including stud bays or
joist cavities/spaces used to transport air, shall be sealed
using mastic and fibrous backing tape installed according to the
1 manufacturer's installation instructions. Mesh tape may be
1 omitted where gaps are less than 1/8 inch. Duct tape is not
I permitted. The HVAC system must provide a means for balancing
air and water systems.
I
I TEMPERATURE CONTROLS:
[ ] I Thermostats are required for each separate HVAC system. A manual
1 or automatic means to partially restrict or shut off the heating
1 and/or cooling input to each zone or floor shall be provided.
HVAC EQUIPMENT SIZING:
[ ] I Rated output capacity of the heating/cooling system is
1 not greater than 125% of the design load as specified
I in Sections 780CMR 1310 and J4.4.
I SWIMMING POOLS:
[ l I All heated swimming pools must have an on/off heater switch and
require a cover unless over 20% of the heating energy is from
non-depletable sources. Pool pumps require a time clock.
HVAC PIPING INSULATION:
[ ] I HVAC piping conveying fluids above 120 F or chilled fluids
below 55 F must be insulated to the following levels (in.):
PIPE SIZES (in.)
I HEATING SYSTEMS: TEMP (F) 2" RUNOUTS 0-1" 1.25-2" 2.5-4"
1 Low pressure/temp. 201-250 1.0 1.5 1.5 2.0
1 Low temperature 120-200 0.5 1.0 1.0 1.5
1 Steam condensate any 1.0 1.0 1.5 2.0
1 COOLING SYSTEMS:
Chilled water or 40-55 0.5 0.5 0.75 1.0
1 refr£gerant below 40 1.0 1.0 1.5 1.5
1 CIRA:Ui.ATING HOT WATER SYSTEMS:
( ] I Insulate circulating hot water pipes to the following levels (in.):
PIPE SIZES (in.)
1 NON-CIRCULATING I CIRCULATING MAINS & RUNOUTS
HEATED WATER TEMP (F): RUNOUTS 0-1" 1 0-1.25" 1.5-2.0" 2.0+"
170-180 0.5 1 1.0 1.5 2.0
140-160 0.5 1 0.5 1.0 1.5
100-130 0.5 0.5 0.5 1.0
----NOTES TO FIELD (Building Department Use Only)---- -___
r
Bk 13417 Pg50 #78074
Deed 12-08-2000 @ 03 : 52p
n
I/We, Joseph W. Enos and William J. Enos, of 175 Q Centre Street, Apt. 1721, Quincy, Massachusetts 02169
in consideration of Three Hundred Twenty-Nine Thousand and 00/100 Dollars ($329,000.00 ) Dollaz,�
grant to David A. r and Cynthia J4. Husband & Wife, Tenants by the Entirety of 304 Bone Hill Road,
Cummaquid, Massac us�ees 02637 ?Mack
with QUITCLAIM COVENANTS
The land in Barnstable (Cummaquid), Barnstable County, Massachusetts, being Lot 4 on Subdivision Plan of Land in
(Cummaquid), Barnstable, MA, dated May 1957, by Gerald A. Mercer & Co., C.E., and recorded with Barnstable County
Registry of Deeds in Plan Book 135, Page 97, bounded and described as follows:
SOUTHWESTERLY: By Bone Hill Road by two lines measuring respectively
86.25 feet and 42.51 feet;
SOUTHEASTERLY: By Lot.5 on said plan 150 feet;
NORTHEASTERLY: By Lot 3 on said plan 150 feet; and
NORTHWESTERLY: By a 40 foot way 125.22 feet; and
NORTHWESTERLY: Again by said way by a curved line 39.11 feet.
Containing 22,370 square feet, more or less, according to said plan.
Together with and subject to all rights of passage in said 40 foot right of way and turn around as shown on said plan in
common with the owners of lots 1, 2, and 3.
Being the same premises conveyed to us by deed Recorded with the Barnstable Registry of Deeds In Boo;., 7361, page 180.
see also Probate of estate of Joseph Enos, Norfolk Probate 91P1202E1.
Property address: 304 Bone Hill Road, Cummaquid, MA
Executed as a sealed instrument this
8th day of December, 2000.
eph W. Enos William J. Enos
Commonwealth of Massachusetts, Norfolk, ss:
On this 8th day of December, 2000 , before me personally appeared Joseph W. Enos
and William J. Enos, to me known o be the person(s) described in and who executed the forgoing
instrument, and acknowledged that he/she/he exT
e as his/her/their free act and deed.
lam...... ..... ............................................................(Seal)
Lawrence J. Ro —Notary Public
My Commission Expires: July 17, 2003
Return to:
David Parella
M
304 Bone Hill Road BARN STABLF COUNTY
Cummaquid, MA 02637 �..,,, r,r, .
RE' _ Y Of DEED.`-,
°EG 0 EED� CO EMSE TAX
BARN E-LE
1"" JAW j � DATE 1 =qOC `RI
000000 09101 u
I �j TOTAL 4L '4750.12
CASH S 1125_ - 18 C A 5 6' ` F= `,750.1"
CLERK 1 00.0161i0
TIME 15:41 1111
`r BARNSTABLE REGISTRY OF DEEDS
01986 1999 Standard Solutions, Inc. (781)324-0550 Printed: Fri Dec 8,2000By SCUser WS3 Deed
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214
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PROVIDE 2 LAYERS 6/8' A21
'l TYPE O Fl OND E GWB bus
21110 ON I/2'GOLOBOND RESILIENT STORAGE n
FURRING CHANNELS•CEILING .�
n
DOOR OPENERS SHALL BE MOUNTED BATi"i
i� ON RESILIENT MOUNTS. it g
2W 3/1' CL ET
2 CAR GARAGE ., ""
PITCH SLAB VS'PER PT
TOWARDS DOORS
PROVIDE I LATER 6/0' TtA 2 MIN.DOOR
TYPE'X'fIRECODE GWB
•CONNECTIONS W/LIVING SPACE C 24110
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TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map -3 - 7 Parcel O& - Permit# / ✓�
Health Division °o ' Date Issued
Conservation Division ®Y 04t 5153-42.s6 Application Fee
Tax Collector Permit Fee
p�1
Treasurer U
Planning Dept.
Date Definitive Plan Apor-oved by Planning Board /V (,i--
u1Iq)bq
Historic-OKH Preservation/Hyannis
Project Street Address A oe
Village fl yw MAOV 9 0
Owner i Nz 10A4 Address 4,0,60K /2-`/ C.��rS0 le
Telephone
Permit Requests a
Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new,
Zoning District Flood Plain Groundwater Overlay
Project Valuation �4 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 Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No
Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths: Full: existing new Half:existing new
Number of Bedrooms: existing new -
Total Room Count(not including baths): existing* new First Floor Room Count
Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other
Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No
Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size
Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other:
s
Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑
Commercial ❑Yes Y ❑No If yes, site plan review#
Current Use Proposed Use
BVOER INFORMATION
Name Ll),W_y� �dtiN�li
��� �- Telephone Number
Address /91) .6z)A I2- License#
4a rr s-rz V-e_ OA- v 203 Home Improvement Contractor#
Worker's Compensation#
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
via--r�e<or✓,f�
000
SIGNATURE DATE =/o-o
FOR OFFICIAL USE ONLY
X
PERMIT NO.
DATE ISSUED
i
Y
MAP/PARCEL NO.
ADDRESS VILLAGE
OWNER
' DATE OF INSPECTION: Y.j.
• .1i .
FOUNDATION '
FRAME '
INSULATION
FIREPLACE '
ELECTRICAL: ROUGH FINAL .
�t PLUMBING: ROUGH FINAL `
GAS: ROUGH FINAL `
.r
i FINAL BUILDING
r' "
' DATE CLOSED OUT r
ASSOCIATION PLAN NO.
Bk 18863 89278 `58853
0,4 JUN P' 12: 01
'{ TOWN CLERK
..1� 1
Tbwn of Barnstable
Zoning Board of Appeals
Decision and Notice
Appeal 2004-083-Parrella
Special Permit-Section 4-43 Nonconforming Buildings &MGL Chapter 40A,Section 6
J Demolition and Reconstruction on a Non-conforming Lot
Petitioner: David A.Parrella and Cynthia H.Parrella
a Property Address: 304 Bone Hill Road,Barnstable,MA
o Map/Parcel: Map 337,Parcel 014
Zoning: Residence F-1 Zoning District
O
Relief Requested&Background:
The subject property is located at 304 Bone Hill Road in Barnstable. According to the Assessor's record,
the lot is a 0.5-acre lot developed with a one-story cottage with three-bedrooms,built in 1958. It has a
living area of 758 sq.ft.
The applicants have requested Special Permit findings in accordance with MGL Chapter 40A, Section 6 for
the demolition of the existing structure and the reconstruction of a new single-family dwelling on the
undersized non-conforming lot. The proposed new dwelling is to be a 2900 sq. ft.,three-bedroom dwelling
with an attached two-car garage and storage area above the garage. There is a also a series of covered and
open decks. The proposed location of the dwelling is to conform to the required setbacks for the Zoning
District.
Procedural&Hearing Summary:
This was filed at the Town(71-TI..'s^ff;ce nnd at the Office of the Zoning Board of lAr :s o.n
March 11,2004. A public hear:-gr :;:;fore the Zoning Board c: A_ppea]s %vis duly a&z,,•.:s.d and notice sent
tc ?11 abutters in accordance w«. 4?GL Chapter 40A. The hearing was�,)eao. junc 2_2 Y)A at which time
the L-�_A found to grant the appe Membw-:s eciding this appeal were Richa*d L. Shy 1s.
Geiler,Jeremy Gilmore,Ron S.Jansson,and Chairman Daniel M.Creedon III.
Attorney Philip M.Boudreau represented the applicants who were also present during the hearing. He
presented new plans to the Board,noting that a proposed widow's walk had been eliminated. Mr.
Boudreau stated that the proposal is to demolish the existing dwelling and reconstruct a new single-family
dwelling of 2900 sq. ft. of living area plus a two-car garage with storage above and covered and open
decks.
The 22,000 sq. ft.lot was originally created by a 1957 subdivision,and the dwelling was constructed in
1958. Much of the subdivision was not built and the neighboring land is conservation. The current
building does not meet the required setbacks and the lot is a preexisting legal non-conforming lot as it
undersized.
Mr.Boudreau cited the Dugas case and stated that although it will be a larger building the proposed new
dwelling will not intensify the nonconformity,and it would not represent a detriment to the neighborhood.
He noted that it will conform to the required setbacks and the proposal has received approval from the
Board of Health,has an Order of Conditions from the Conservation Commission,and has received a
Ce-ificate of Appropriateness from the GM Kings Highway Regional His•`c,ric District
The Board asked questions with respect to the size of the dwelling and the accessory decks and garage.
Also noted was the concern of the massing on the undersized lot. Mr.Parrella stated that the home is
angled on the lot and nestled into the topography so as to blend in naturally. Fronting vegetation
retained so as to block much of the facade.
J
Ix JUL 27 2- p.
Public comment was requested and Mr.Thomas F.Prince and Joyce A.Prince of 35 Cove Road spoke in
opposition to the reconstruction on the small lot A Mr.James Luker,representing Ms.Dorothy A.White,
owner of the abutting property at 332 Bone Hill Road spoke in favor of the granting of the permit.
The Board requested more information with respect to the area of the decks and the garage. It was noted
that the garage measures 24 feet by 26 feet for a total of 624 sq.ft. The storage spare above the garage
would be 325 sq.ft. The deck to the rear of the home would be 1,148 sq.ft.and the covered porches would
be 900 sq.ft. It was also noted that the overall length of the home would be 110 fat at it longest diagonal
measurement.
Findings of Fact:
At the hearing of June 23,2004,the Board made the following findings of fact:
1. Appeal Number 2004-083 is that of David A.Parrella and Cynthia H.Parrella seeking a Special Permit
in accordance with Section 4-4.3(2)Non-conforming Buildings or Structures Used as Single and Two-
Family Residences and findings under MUL Chapter 40A,Section 6 for the demolition and
reconstruction of a single-family dwelling on a non-conforming lot. The property is shown on
Assessor's.Map_337,Pawl 014.a0ftssed as 304 Bone Hill Road,Barnstable,MA in a Residence F4
Zoning District.
2. The subject lot is a 22,400 sq.ft.lot created by a 1957 subdivision of the area. The existing single
family dwelling of 720 sq.ft was constructed in 1958 and consists of 3 bedrooms.
3. The area was rezoned to RF-1 requiring one-acre lots and 3D-foot front yard setbacks and 15-foot side
and rear yard setbacks. The existing structure does not conform to those required setbacks and the lot
is undersized. This is a pre-existing legal non-conforming lot and a pre-existing nonconforming
structure.
4. The petitioners have proposed to demolish the existing 720 sq.ft.,three-bedroom dwelling on the locus
and replace the same with a new three-bedroom dwelling of approximately 3,000 sq ft. The new
structure would conform to all of the current setback requirements for the district.
5. The applicants have obtained approval from the Board of Health,has an Order of Conditions from the
Conservation Commission,and has received a Certificate of Appropriateness from the Old Kings
Highway Regional Historic District Committee.
6. The proposed new dwelling is about four times larger than the existing dwelling in terms of living area,
however,the non-conformities that exist will be corrected and the structure is to comply with all
required setbacks.
7. The proposed new d1welling does intensify the use and area of building on the nonconforming lot.
however,the proposed new dwelling would nr.,i Il .,substantially more detrimental to the neighborhood
Evan r,'�r former dwelling.
The voWwa;as.M icOvs.
AYE: Richard L.Boy,Sheila Geiler,Jeremy Gilmore,Daniel M.Grecoon III.
NAY: Ron S.Jansson
Decision:
Based on the findings of fact,a motion was duly made and seconded to grant the appeal with the following
conditions:
1. Location of the dwelling shall be as shown on a plan entitled"Plot Plan,Prepared for Barnstable
Harbor Builders in Barnstable MA,"Plan dated January 15,2004 as drawm by Falmouth Engineering,
scaled 1"=20.'
2. The dwelling shall be built in conformance to plans and elevations presented to the Board entitled
"New Beach House for:Mr.&Mrs.David Parrella 304 Bone Hill Road Barnstable MA"as drawn by
Northside Design Associates,dated 612104 and as approved by the Old Kings Highway Historic
District Committee,and inclusive of floor plans submitted. Copies of the plans and elevation,included
illustrated elevations were initialed by the Chairman and are continued within the file.
3. ThN cote°-+nr;area of the dwelling ,:hall not e.cecd;-..9 :5-a.ft.of living area,a ge ag of 624
storage area above the garage of 325 sq.ft. '.l'he deck to the rear of the home shall not exceed 1,148
P.
R.
sq.ft,and the covered porches not exceed 900 sq.ft. The dwelling is limited to no more than three-
bedrooms.
4. The height of the structure to the ridge shall not exceed 30 feet
5. Construction shall comply with all applicable Building Division and Conservation Commission
requirements and shall comply with Board of Health Title 5 requirements.
6. During all stages in the demolition and reconstruction of the dwelling,all vehicles,equipment and
materials associated with the demolitionheconstnwflon shall be required to be located on-site and not
within the required setbacks. At no time will any parking,storage or construction materials.or items be
permitted in the right-of-way of Bone Hill Road or within 10 feet of the neighboring property except as
may be needed for landscaping purposes or for utilities and then only on a temporary basis.
7. All mechanical equipment associated with the dwelling(air conditioners,electric generators,etc.)shall
be located so as to conform to the required setbacks for the district and screened from neighboring
homes and the public right-of-way.
8. The dwelling,attached garage,covered porches,and decks shall be considered full build-out for the lot
and it shall not be expanded in area or in footprint nor shall any other accessory structure be permitted
withomt further permission from the Zoning Board of Appeals.
9. This decision must be recorded at the registry of deeds and a copy of that recorded document must be
submitted to the Zoning Board of Appeals Office and to the Building Division before any demolition
or building permit is issued. The relief authorized must be executed within one year of the granting of
this permit.
The vote was as follows:
AYE: Richard L.Boy,Sheila Geller,Jeremy Gilmore,Daniel M.Creedon
NAY: Ron S.Janson
Mr.Jansson expressed that his vote was in the negative because in his opinion,the proposed
building on the lot was too much for the size and location. He stated that with all of the building
area including the decks,there is an eight fold increase in the building area on the lot and that the
length of the overall home being 110 feet was too long for the lot to accommodate. He felt this
was an intensification that represented a substantial detriment to the neighborhood.
Ordered:
Special Permit 2004-83 is granted with conditions. This decision must be recorded at the Registry of
Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals
:y derision,if an shall be r:zad, suant to MOL Chapter 40A,Section 17,within twer'., s
`'° y �� P (2'v'3 day.,
after the date of the filing of this&cision,a copy of which m t be L'f d r1r,t�Wc efcc zl tbc Town Clerk.
Daniel M.Creedon III,Chairman Date Signed
I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify
that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal
of the decision has been filed in the office of the Town Clerk.
Signed and sealed this L day f e�,the pains and penalties of per..jury.
Linda Hutchenrider,Tow•C14e&
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' I,� I. HOUSE NUMBER: 304
2. ASSESSOR'S NUMBER: 337-14
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3. ZONING DISTRICT: RF—I
("AYo.1• e•CEOnP 4. FLOOD HAZARD ZONES: C&A5(EL.12)
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�-/ 12 -___-- — — FIRST FLOOR
D GREAT ROO�
RIM JOIST
i oft
GARAGE SLAB R 'j L&P.7 gILL �� o c
—'— — - p W/SILL SEALER w w
GARAGE It OTHER FILLED FOUNDATIONS: < Q E--I }
10' W/2••5 TOP 1 BOTTOM BAR. -- O_ O Q z
REST FOUNDATION ON]O'XIO'STRIP FOOTING. BASMENT C/O'
PROVIDE 2•s5 HORIZ.BARS CONT.IN STRIP BASEMENT
FOOTING W/KEYWAY.LAP TOP 95 BARS TO C� e
MAIN WALL BAR5.PROVIDE TRANSITION r 3 E"
• VERITFORCMO.C.PROVIDE 5/e"XIL SPACED
10*POURED CONC.WALL Cl�O 'b c
BASEMENT SLAB BOLTS•,'-O.O.C.MAX. _ — _.—•—•_ __.— _,____ _ _ _ _ __ _ _ _._ _._.__ _ _ _ ——__ —__ _ — _ _ — _ _ _ _ __ _ _ — _ _ — _— _ _ _._ __ — _ _ _ _ _ _ _.—._.__--- ... BASEMENT SLAB rc
• } MAINTAIN 48'MIN.COVER
I �4
/'COMPACTED FILL
SECTION �' GARAGE _ SECTION �' GARAGE STAIRS C SECTION a GREAT ROOM G°"G.6LAB F<:
Z�
s�
e cI re
�
DSgg
STORAGE STORAGE
I
JX5 LI CEING JO18T8 -' ' - !� ]XB CEILING
•IU O.C. Iv r.c. `
5'-5 1/1' to C I
BEL7 rOGM BATHROOM BEDROOM
FIELD ADJUST ROOF
IJ PITCH TO AVOID WINDOWS W
tl 3/,•TIG PLYWOOD SUB-FLOOR - 8� 3/4'TIG PLYWOOD SUB-FLOOR ~ N n/
GLUED AND NAILED.TYP E „ Z W Q
H r GLUED AND NAILED.TYP T ~_ _ SECOND FLOOR Q
SECOND FLOOR I _
— _ _ _ __ _._ _ ___ _ _ _ _ __ _ _ _. _ _ _ _ _ _ — _ _ _ _ — — _ — _ _ _ ® 0
IL Q 0
W CL w 3
on
2X8 CEILING JOISTS 1,' 7 Q J
LIGN HEDEAR BELOW •N•O.C. W G
WALL ABOVE _
ENTRY
KITCHEN DINING Z Q/Q Z
OI ]XL SOFFIT . Ir o W G
U
3/4'TIG PLYWOOD SUB-FLOOR 3/1'TIG PLYWOOD SUB 00 10'CUSTOM SQUARE Z 3/,'TIG PLYWOOD SUB-FLOOR r Q C
GLUED AND NAILED.TYP GLUED AND NAILED.T P COLUMN GLUED AND NAILED.TYP
HRST FLOOR
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ —
., — ST_ rr FIR FLOOR®
PORCH FRAMING PT GIRT LLl
I
STONE VENEER STONE VENEER � - Il/
BASEMENT Is 10•DIAM SOHO-TUBE BASEMENT I o
U/ SHELF FOR STONE\ i --WALL W/SHELF FOR STONE\ BASEMENT -
VENEER YYY"-"--- VENEER I
G 24'X1]'57k:P FOC'7;':G ei 3-15 I f
CO.!T:N000S Rf.SAG i
u 0
.IN ,e"HIM.COVERAGE �� - - —MAINTAIN,e'MIN.COVERAGE �
YYY BASEMENT SLAB a
— _ _ _ _ _ _ _ _ _._ _ _ —_ _ _ _ _ _ .— ._. ._ _ _ _ _ _ _ — _ _ — _ —
1 n
SECTION �' MASTER BEDROOM SECTION �' ENTR 1' SECTION a KITCHEN/DINING/BEDROOM z u�
W
u Z
N
r I IXI T RI P D_
O TRIM P D
IX I II _ _ I . J:.P-;iDGE h!i;:.__-..—__ IXL TRIr, Frp
J\ I
BLOCKING J \ Zz i
IXL RIDGE BOARD m 3
(STRUCTURAL SIZES TABLE
IXL MAY VARY) wo
., IX8 FASCIA,PTD. t
ISE FELT PAPER SEAMLESS ALUM. I
GUTTER In
5/8' COX PLYWOOD 0
O
RAFTER VENT
5
TYP. WALL NOTES IX8 SOFFIT,PTD. w
3' CROWN MLDG.
R-30 I
HI-GATT
INSUL
2x10 RAFTERS
jn
OTYP. RAKE DETAIL �� RIDGE VENT DETAIL O TYPICAL SAVE ap
KALE 1-V2'.r-<r �`t� SCALE rv2•-r-O• SCALE I-"--r-O•
U_ QNF��=U�•
a ¢ pp, �x
1 i� U ZGU26
I.
1'
I i
WALL NOTES i TYPICAL WALL NOTES ^W^ W
'
I. WOOD FINISH FLR. I. ' O
SIDING (SEE ELVS.) WOOD FINISH FLR. C�C/D
i 'TYVEK' HOUSEWRAP I I Z Q 6 F
1/2' COX PLYWOOD
SILL IF DROP IS - i TJ RIM JOIST
DROP IS 1'-O' 2XL • IL' O.C.
LDER TO PROVIDE ; 2xL P.T. SILL
SILL _ AI R-19 FIBERGLASS INSUL. �' \
z:
L MIL. POLY VAPOR BARRIER
LEN' - — nL'..:
_ — — ,.. f I/2' G.W.B. SILL SEALER
. 15' GALV. ANCHOR — — �yFi
f'-O' O.C. ____ ` ;r i
_ _ I/2' DIAM. IS' GALV. ANCHOR
BASS, CONT. — = - BOLT •,4'-0' O.C. � MW
ALL OPENINGS ' • - FILL t TAMP 5' OUT FOR ---ii 1
2FING — 'I'/FT. SLOPE _ )I 4 '
LEDGER - — —RAMING HANGER It a5 REBARS.CONT. =I �=-� o JS8t AROUND ALL OPENINGS
=IIII •- DAMPROOFING
i
ILL SUNKEN LIVING I r TYPICAL STUD W�`:LL C2)
T i PICA. SILL DETAIL
__,_�tL2•-r-o• i ' -J I - sc:ALe r-vr-r-a — --
�J CA;- -.:a••r-o• 1
J
ON,THICKEN TO 8' DO NOT BACKFILL WALL W
R OPENING COORD. DIM. W/ R-14 BATT INSUL. UNTIL CONCRETE HAS
BIT. JT. FILLER. ATTAINED I DAY STRENGTH 3 1/2' CONC. FILLED STL. COL.
BITUMINOUS JOINT FILLER.
I DOOR LOCATION 1/2' G.W.B. TOP OFF W/ FLEXIBLE 0
BARS • 2'-O' O.C. I AND BOTH TOP 1 BOTTOM
' SIDING JOINT SECANT. OF WALL ARE PROPERLY �
I . GARAGE DOOR Q
1 i SERCURED. O Q O
y.p• I 11/2'XI 1/2'XI/4' I/2' COX PLYWOOD JOINT OSELANT FLEXIBLE LL
GALV. ANGLE W/ a4 2XL • IL' O.C. PLACE 1• 95 REBAR AT BIT. JT. FILLER. 4' CONCRETE SLAB- W(L �.
N.T.S. ' ANCHORS • 3'-0' TOP OF WALL 1 AROUND '
TOP OFF W/ FLEXIBLE
I i 2XL P.T. SILL G' COMPACTED FILL ALL DOOR.WINDOW, 1 OTHER JOINT SEALANT N J
WALL OPENINGS.
I O.C. MAX. CONCRETE FOOTING
-- r i 3'-O'x3'-O'A'-O' J _
I/2''DIAM. IS' GALV. ANCHOR LXL L/L WWF.TOP 1/3 BASE PLATE O 'J
8 ' BOLT • 4'-0' O.C. - a4X2'-4• • le, O.C. _ _
I ' 4' CONC. SLAB —��� OF SLAB
I ILL -
5 SEALER —
=11 _ Q w
IIII �
I
_ II
U
_ _2•a5 REBARS,CONT. ,i1 :,.:, �� :� — 4' CONC. SLAB w Q� Z I
„ a Illllillllllllli o m °m
FINISH GRADE: FILL t TAMP i 2° a5 REBARS.CONT. L' COMPACTED cIJ
C4 KEYWAY, �' FOR . SLOPE. 5' AROUND 11 FI = — - B
FOUNDATION. b CARRY DAMPROO NG =IIII—IIIIII - PILL Uj et-
1. —
y OVER
P OF — Z O r
!EBARS CONT `\�� II I=IIII=I — =IIII IIIrd 70 a5�REBARS`CONT (il F
jOT OF WALL r1 `/ �i =IIII=IIII= —
.i \/��\ 2X4 KEYWAY — _ BOTH WAYS(TYPICAL) .y p
ii D ii i D ii i III=IIII=IIII =IIII III-IIII=III: I�
III-III
2•25 REBARS.CONT. _ p' IIII=IIII=IIII=IIII=I I—I —III—
\ 2X4 KEYWAY Itll-III II
_
_. FILL 1 II —
.~ I III=III �. .� •< ..,IIII-.IIII-IIII;§ =11f1--_ -_ -r, I, -!I -IIII it-.
BOT: OF FOOTING -1�I1 I=IIII=IIII—I 1=IIII=IIII -IIII-IIII=1 II-IIII=IIII=III
4• BELOW GRADE III=IIII' ..' _ - ,. . IIII=IIII=IIII: =IIII=IIII IIII=IIII=IIII ilI =IIII=IIII_IIII=. III=IIII=III=IIII=IIII-IIII=IIII=IIII=IIII=IIII=IIII=IIII111=III Q
nlNmun. —III _T 111 I—IIII—IN1 IIII=IIII=1 11=III -IIII=IIII=IIII=IIII: -1�1�1�11=1�II-1�I1=1�II-1�-f��1-III-IIII-1�11=1�I1=I�11-�11= n p
lil=lnl= —
V 4 '
! t
wroo'�"Lw¢o w.wm r monoa`om' L — Qr r vnmer ma*as w¢warcm 1 w.rmi mo.n'�n'.t ran'r. \ O
z \�
GARAGE APRON DETAILGARAGE SILL DETAIL I TYPICAL SLAB t FOOTING lt. ® COLUMN FOOTING DETAIL I W
KALE I-V2•-Y-O• I sCALE.-VT-r-O" i S ALE I-VY-r-O• 1 =
6
0 1
J <
w o
0
U
�. Q In
�6 )7 o
5
,lf
1�
9 r <
.L ao
' PITCH VS"PER FOOT �`, ,S W
' TOWARDS DOORS
4
BACKFILL W/CLEAN �g �OO VHS
COMPACTED FILL c i i i
PROVIDE s5 REBARS• � �-
U O.C.VERT IN MAIN u a s
FOUNN DATION WALLS TO TIE
y\\ IN PR08 WALLS. TYP.
CONNECTION
WHERE POUR
18 NOT CONTINUOUS. H =���+ �N F i
' GARAGE t OTHER FILLED FOUNDATIONS: gyp• U m S C ix
10' W/2.s It TOP BOTTOM BAR.
REST FOUNDATION ON 20•XIO'STRIP FOOTING.
PROVIDE 2ss6 HORIZ,BARS CONT.IN STRIP O
FOOTING W/KEYWAY.LAP TOP 96 BARS TO ', ________ ____
r
`. `\ �• MAIN WALL BARS.PROVIDE TRANSITION '
` REINFORCING W/s6 HORIZ.BARS SPACED
'�
O.C.PROVIDE 6/S'XU'ANCHOR '
�• BOLTS•4'-O"O.C.MAX.
ol
A � GARAGE SLAB �� laa C/] 0.2
W W <�
S DROP TOP OF WALL Q <]
12'AT DOOR OPENINGS Q ,
i. 6. 133• �--1 co uo it p
`O. IS
U<2
301-81/2, t0'-1 I/1' 22'-O'
12
--------------.. E i3i:
................__..__ r - 8
PARTI,4L FOUNDATION L-I -
._s``\
'.
O _
SCALE �/-4" = I+-0"
/ - - -- --- - ..............
)f
13T•
Ln�
t/.
H•-6• fL
:
---
�o• i' _ —
-------------------------
--------------------
... ...... .. ...................
. .. .... ... �•f
�l ~ J
................................
i f•�r
0
-- i ....
< a
` -------....------..-...--------------------------- L3 Z
y0
� W O C
------- ----- -
BASEMENT NOTES:
3Q. _.. - m
�� W
I�p� J
b.
_ Q J � O
I.MAIN FOUNDATION BALLS TO BE 10'POURED CONC.W/2vs6 TOP - �`'`�
t BOTTOM BARS.REST FOUNDATION ON 10"X20"STRIP FOOTING.
PROVIDE 3-s5 WORM BARS CONTINUOUS IN STRIP FOOTING W/ 9• 35'-tl 3/1• 27'-O" LL
ry
KEYWAY.PROVIDE 86 VERT.DOWELS•24'O.C.WORM EXTENDED
3'-f"MIN.ABOVE TOP OF FOOTING.PROVIDE 6/S"XL2-ANCHOR
BOLTS•4'-0"O.C.MAX. (�1�
2.CONTRACTOR SHALL NOT SCALE DRAWINGS FOR DIMENSIONS. ANY MISSING. lL
INCORRECT.OR QUESTIONABLE DIMENSIONS NOT BROUGHT TO THE ATTENTION
Of THE DESIGNER BECOME THE RESPONSIBILITY Of THE CONTRACTOR.
3. DOUBLE FLOOR JOISTS UNDER ALL PARALLEL PARTITIONS.
4.DUST CAP TO BE 1"POURED CONC.ON COMPACTED FILL. FLU L L F O IU N D A T I O N
CUT ✓�p4TS ALONG WALLS AND BEAM COLUMN LINES. _
/.S USED IN Thtt-IF _,OCUME.NTS.'+"^OVIL'-' �_.a.'S FURNISH ANO INSTALL. —�— `-- -FOUNDATION
--- N
5. +'ONT�;ACTOR TO PRO VICE BASEMENT VENTILATIJN AS < \
REQUIRED BY CODE(WINDOWS OR MECHANICAL) WHERE AN ITM 18 REFERRED TO IN SINGULAR NUMBER.PROVIDE AS MANY SUCH / SCALES I/8" = I'-O" o n
L. CONTRACTOR BAALL INSURE THAT ALL FOUNDATION ITEMS A9 AREE NECESSARY TO COMPLETE WORK.
WALLS MAINTAIN 4'-O"MIN.COVER. DRAWINGS AND SPBCIFICATIOHS SHALL BE TAKEN TOGETHER:PROVIDE WORK
SPECIFIED AND NOT SHOWN AND WORK SHOWN AND NOT SPECIFIED AS THOUGH i
N
T.PROVIDE WEB STIFFENING PLATES AT ENDS OF STEEL BEARS,TYP. REQUIRED EXPRESSLY BY BOTH. ALTHOUGH SUCH WORK 18 NOT SPECIFICALLY I V
SHOWN OR SPECIFIED.PROVIDE SUPPLEMF_NTARY OR MISCELLANEOUS ITEMS. Q
8.SEE STRUCTURAL DRAWINGS FOR LOCATIONS OF ALL STRUCTURAL COLUMNS. APPURTENANCES.DEVICES.OR MATERIALS INCIDENTAL TO OR NECESSARY FOR '
SCUHD.SECURE.AND COMPLETE INSTALLATION. O
W z
J
F
U V
tD )
i I z � C)
w
W � U
______ C
+
EC ----------- - ---=------------- --------- -------- D
I S .5 A.S ELF FOR SUNKEN FLOOR JOISTS I ,5 �3'`t ?• A.5 rn
O CONTRACTOR SMALL
MAMTAIN 18•MMIMUM = y
E FOOT. COVERAGE O I
+ I I _
4 r,
' I CONTRACTORSHALL MSURE b
2 I + THAT FIREPLACE/CHUTNEY ' 'ice _ t 3i*•
-------- - -------� ' CONSTRUCTION COMPLIES S/ALL '
i I LOCAL.STATE.AHD NATIONAL
FIRE AND SAFETY CODER.
__ __________ ___________� ________� I no, _ _ )•_
0.
' c EXTEND FOOTNG 1Y
BEYOND PP.DIMS.
O ASH P _ € _
W ASH DUMP DOOR 10'DIAM.`80ND VIBES. - `t!i�•
z O b ALKiN W/P05T8 ABOY '
I '
+ ) t D6• _..__ L____.-- ' _
V I I I gg
0510
C ADJUST FOR HEARTH 2'-P 3'-0' `6-4 v?• r i L^ ¢i�^ W
' - 34'DIAM.CORRUGATED
' GALVANIZED STEEL
' AREAWAY W/GRAVEL
nl BED,TYPICAL. + s u
le �
rs
I � _
34'DIAM.CORRUGATED I i r-_- 'I T•_2 j�1• O %r, U 8 25 i #w<c
GALVANIZED STEEL + I '---'-----i -- --
AREAWAY W/GRAVEL
BED.TYPICAL. I O
A.L r b•_ ' us dS
f t
O W
00,
I I
I I
i
+ I ' J
UHF NI SHED )
E75 E
STORAGE .--
• _______________ 3P DIAM.C RRUGATED I __ gR
AREAWAYIZ D STEEL GRAVEL E— C)
` BED.T PICAL, _ DOUBLE JOISTS UNDER �y
ALL PARALLEL PARTITIONS 'd
' ' `_`_ _ �', cn 3
'-----o---_? r---'-----� _ _
UNFINISHED
STORAGE °
D
I
DOUBLE JOISTS UNDER Z
ALL PARALLEL PARTITIONS
UNFINISHED 1 - ?6•b•
------ ----------------------------------------------------- --------- ---------------------------- r ---------
, STORAGE -
I DOUBLE JOISTS UNDER
PARALLEL PARTITIONS F=M
' ______ ________________________________________ IlI t___________________________ _______ A pp �
q
o -----------
, .2.2.-----------------
--------------------------- ---------- ----------------------------
- 21 Wxn u connnuous craw ° j � �E �18gg '
FOOTING W/3-*6 CONTINUOUS FROST III ELF
ELF 8
RVISARS FOR STONE VENE O
i i 1
CONTRA NOR MATED BY 6 gsay
_ qc
FROST MALL E SHELF
' FOR STONE VENEER,TO ' '
,
/ - I
BE COORDINATED BY __; , ______ _________�
' CONTRACTOR I I' ' <
1
i 1'-N)1/2• II'-K)I/1'
36'-A 3/1• 22'-01 J
n W
lL �/
B z
s p °<
E to
5 Q
O Q Q = w
z ) m
::3 XuQwN
z
� z w� OQ
3ASEMENT NOTES- Q
MAIN POUNDATION WALLS TO BE 10'POURED CONC.W/2-e6 TOP (�
BOTTOM BARS. REST FOUNDATION ON KYX20•STRIP FOOTING.
tOVID£3•.6 MORE BARS CONTINUOUS IN STRIP FOOTING W/ n/ W
2 TWAY.PROVIDE t6 VERT.DOWELS 21'O.C.HORIZ.EXTENDED LL
-f-
MIN '-.ABOVE TOP OF FOOTING.PROVIDE S/S'X12'ANCHOR
OL Q
T6 10'O.C.MAX
CONTRACTOR SHALL NOT SCALE DRAWINGS FOR DIMENSIONS. ANY MISSING.
CORRECT•OR QUESTIONABLE DIMENSIONS NOT BROUGHT TO THE ATTENTION
•THE DESIGNER BECOME THE RESPONSIBILITY OF THE CONTRACTOR.
DOUBLE FLOOR JOISTS UNDER ALL PARALLEL PARTITIONS.
DUST CAP TO BE 1'POURED CONC.ON COMPACTED FILL. v
JT JOINTS ALONG WALLS AND BEAM COLUMN LINES.
C^NTRACTOR TO PAOV';,_..'yASEMENT VENTILATION AS AS USED INTHESE DOCUMENTS,•PRONTO~''MEANS FURNISH AMC)':3T.+L'_. I
_ IWIY.,:�;:�5 R MECHANICAL) Q
WH2KE AN 1T2M IS REFERRED TO &I:GULAR NU'1BER,PROVIDt:.8 M.'.°!T SUCH
0
Z UIRED BY CODE C'
rf
CONTRACTOR SHALL E THAT ALL FOUNDATION ITEMS AS ARE NECESSARY TO COMPLETE WORK.
'4LL9 MAINTAIN 1'-O'MIN..COVER. DRAWINGS AND SPECIFICATIONS SHALL BE TAKEN TOGETHER;PROVIDE WORK
SPECIFIED AND NOT SHOWN AND WORK SHOWN AND NOT SPCIFIED AS THOUGH ,
PROVIDE WEB STIFFENING PLATES AT ENDS OF STEEL BEAMS,TYP. REQUIRED EXPRESSLY BY BOTH. ALTHOUGH SUCH WORK ISE NOT SPECIFICALLY C
BROWN OR SPECIFIED.PROVIDE SUPPLEMENTARY OR MISCELLANEOUS ITEMS.
APPURTENANCES.DEVICES.OR MATERIALS INCIDENTAL TO OR NECESSARY FOR
SEE STRUCTURAL DRAWINGS FOR LOCATIONS OF ALL STRUCTURAL COLUMNS. BOUND.SECURE.Ai!.D COMPLETE INSTALLATION. O
Z
t H ,
W
. In
T-11• S-O 1/2• 1'-1 3/1' 3-8 I/ 4-2 3/1' N'-II•
Z Ow
U Y
W K W
I
T T
21110 2190 21110 21110 T C D
B C SEAT A A A.5
5 b A.5 DECK i
.. .�h..' 21110 21110 S
w
!, �1 1•-T �3i1
21110 `?•
FWHLOLII - ,
N 1110
DECK 91
LLI 0
Z il��yF 21110 GREAT ROOM = 214f0 33it
21110 Tom]. >;
M MASTER r dSzQ� U
U CLOSETba�y=—<���
IF
Q 21110 DINING
r \ ¢¢
\ ° g nz � �o
� ER
- ------- -- BE ROOM - D ao�
1 W V.) c
2— d
p
D I PANTRY ____ ____ �'�O
W�1 :
BATH OaaO I ;r d Zp Fg
CLOSET CLOSET
2-1 3/4' - Y'�Y t/1'-= L'-O' Z' 71110
ddddLLLLLA'LL' KITCHEN '� UN TICE
DE X
P ic - CW 1 i a F?^
v y_______ ____________________ _➢_ ➢_ _____1__________ W �S
O e
21110 213c 213c I in � - 3•`0. � -"
5
._L. 3-e 8 hod
PORCH FOYER] STONE PACE
h'-2- UNDER DECK
1.1•./-tl P -.�. PORCH . � eta:
- To Poac 21110 gg
STONE PACE pg9`3 YY EE q
UNDER DECK f'-3 3/4' PORCH UNDER DECK
/ STONE PACE 3 gg ppi
r:
i '• STONE FACEUNDER DE_:. A.
1 '�
K•PROM PM.MT Pu, J W
D.TO G—M
22'-0' Q
B E Q W C E
.5 .5 •J N �
LL �Q J W
PARTIAL FIRST FLOOR N uQ w N
u� zZ
0m
Q Z T-
Q
C
a
1. ALLTES �.J
I. ALL EXTERIOR WALLS BE
•IL'O.C.UNLESS OTHERWISEISS N NOTED..
p �
2.ALL INTERIOR WALLS SHALL BE 2X1
•IL'O.C.UNLESS OTHERWISE NOTED.
3.CONTRACTOR SHALL VERIFY ALL WINDOW
ROUGH OPENINGS PRIOR TO ORDERING WINDOWS. 1
1.CONTRACTOR SHALL VERIFY ALL DIMENSIONS
PRIOR TO CONSTRUCTION. CONTRACTOR O
ASSUMES RESPONSIBILITY FOR ANY MISSING OR Z
INCORRECT DIMENSIONS NOT BROUGHT TO F
THE ATTENTION OF THE DESIGNER. fY =
l
TO DETERMINE FINAL FRAMING LAYOUT IS IN COMPLIANCE WITH THE TIH EO.OF THE
MASS STATE BUILDING CODE 1 ACHIEVES DESIGN INTENT.
AS USED IF T,;SSE D'X'UMENTS.-PROVIDE'71ZANS FURNISH.AND INSTALL.
WHERE AN IT 'S REFERRED TO IN SINGULAR NUMBER.PROVIDE At:,::NY SUCH
ITEMS AS ARE NECESSARS'TO COMPLETE WORK.
ORAWINGS AND SPECIFICATIONS SHALL BE TAKEN TOGETHER;PROVIDE WORK
' ` J SPECIFIED AND NOT 5HOWN AND WORK SHOWN AND NOT SPECIFIED AS THOUGH z
REOUIREO EXPRESSLY BY BOTH. ALTHOUGH SUCH WORK 15 NOT SPECIFICALLY U ¢ w
SHOWN OR SPECIFIED.PROVIDE SUPPLEMENTARY OR MISCELLANEOUS ITEMS. fSi
APPURTENANCES.DEVICES.OR MATERIALS INCIDENTAL TO OR NECESSARY FOR W U
SOUND.SECURE.AND COMPLETE INSTALLATION. O
SUNKEN FLOOR
FRAMING
Z
0
C D In
S A 5 A.5 A.
CA t
X oel("DC. 282XIO'S
X
2 I / /
� o
In
2XIO'S
>v8SoZ�
N z
i
—_ WN=y1U=N
L=7 pH W�7 G�N
2 1 / X 1 2 � �FRME
B U S'R8�80MO
.5 U
_ O X 16" Ui o$
Qq3R
- It 1 x�� E5
' —
L- c/3 c/] 8
OWcn
2> IC I C.C. I I, 6 W o
F Yg
II I
FRAME PLATFORM FOR —
STEPS DOWN TO SLAB
OVER SLAB " F g
2612XIO'S TIP1 le
262XIO'Z
2 m 2 X I O'S II I
II U! 1 �I
2tI`2XIU'S 2E2XIU'S TYPICAL LVL/GLULAM BOLTING/NAILING Q J
B E J
MULTI 1 3/4' BEAKS Q W
-2®2X10'S .5 •5 ALL FRAMING TO BE 2XI2 A.5 a� p
r
f MECES D1' ]110Y!OF 40 NwLLS•COL. W(L
FIRST FLOOR FRAMING
_ Q
Aj IL _> = a
5 r Up Q Z F
z
I MECES o-P ]ROan a v1'ou.M DOLTS•R'OG. O W O �
O a
r fL Z
•F¢cea e-r �Roan a yr awn eoaTa•o•oc. �/
U_
r
r l TI 3 1/2• BEAMS r.
r
• n
rveees I I I w• aoue oM yr dwn Do�Te•1r o.c. c
e
�..........._ o
Z �
N co
MASS STATE BUILDING CODE 1 ACHIEVES DESIGN INTENT.
AS USED IN THESE DOCUMENTS.'PROVIDE'MEANS FURNISH AND INSTALL. ['
WHERE AN ITEM IS REF ERREU TO IN SINGUL- R NUMBF_R,YRG V:qE A i MANY SUCH
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DATE: �" .�'� vQ d;�zwaFv,�B
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4. FLOOD HAZARD ZONES: C & A5 (EL.12)
BENCHMARK: JC'MIN. 5. ELEVATIONS `SHOWN ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM.
TOP OF CONCRETE BOUND
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AUG 2 7 2004
s 42 ,. 82.65 — CERTIFIED PLOT PLAN �y
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PLAN DATE: AUGUST 24, 2004 PLAN SCALE: 1" = 20'
CIVIL ENGINEERING NL T O T T WETLANDS PERMITTING
WASTEWATER DESIGN C, lVl— �J IT COASTAL ENGINEERING
20 0 10 20 40 TITLE 5 PLOT PLANS .�� ��` PIERS AND DOCKS
GINEE RX
LAND USE PLANNING COMMERCIAL/RESIDENTIAL
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1. HOUSE NUMBER: 304
2. ASSESS0 'S NUMBER: 337-14
3. ZONING 20.4x /" 1 ;; DISTRICT: R -
- 8 CEDAR
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TOP OF CONCRETE BOUNDC >GI: ti
04 �r, " 5 x PROPOISEO 1,500 LOCATION of 5. TOPOGRAPHIC INFORMATION COMPILED
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LOCATION IN FIELD ON NATIONAL GEODETIC VERTICAL DATUM.
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ARBORVITES ��� ` ; 8 CEDARS a !
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PP 113 20` PP 113/19
EDGE OF PAVEMENT Nt 23 40 W
(J PLOT PLAN
BONE HILL (PUBLIC 25' WIDE) ROAD
PREPARED FOR
j'
•
BARNSTABLE HARBOR BUILDERS
EDGE OF PAVEMENT
. .
IN
BARNSTABLE MA
PLAN DATE: JAN. 15, 2004 PLAN SCALE: 1." = 20'
CIVIL ENGINEERING
20 0 10 20 40 tam WETLANDS PERMITTING
p .�5�}• WASTEWATER DESIGNF . _ COASTAL ENGINEERING
�$ TITLE 5 PLOT PLANS
a► MICHA= J �' r
BORSELLI - ��T �(v` PIERS AND DOCKS
civil,,
GIN EERY
SCALE: 1 INCH x 20 FEET LAND USE PLANNING
No.Z,L,, COMMERCIAL/RESIDENTIAL
A9v SFGIST� 6\�w� Ser✓ing Cope Cod Ond Southeost&" MOSSOChIlSO&V
SIONk',�
101 TOWN HALL SQUARE — FALMOUTH, MA - 02540 50 `_ 8.495.1225 — 508.495.3229 fax
PROJECT NUMBER: 0,
FILE NAME
� I __ ____—__ _ ... . .. -- .. . ., �_ -- -•---•— =--- _—.� __ 9 CAD. :
x_ AWN BY: L.03039PP DR
. SHEET 1 OF 1 j-_ _ —_—